Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 109 Consultations with staff, program areas or branches within the local authority processing the access to information request do not qualify. Internal consultations are part of every local authority’s routine responsibilities when responding to access to information requests. Therefore, activities that constitute consultations should be those outside of intrinsic and routine obligations of any local authority.160 Consultations for a purpose other than deciding whether to give access do not qualify.161 2. Was it not reasonable for the consultations to be completed within the first 30 days? Considerations: • When did the local authority initiate consultations. • Were a large number of consultations required. • Availability of third party and public body contacts. • Did the local authority set deadline expectations. • Is time required for consultation reasonable. • Did the local authority follow up on consultation requests. • Has the local authority proceeded with a phased release.162 IPC Findings In Review Report 261-2016 & 284-2016, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner found that an extension applied by the Ministry of Central Services at the same time of a fee estimate was not necessary and not in keeping with FOIP because the clock stopped when the fee estimate was issued. In Review Report F-2006-003, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner considered whether the Ministry of Justice (Justice) appropriately applied an extension pursuant to subsections 12(1)(a)(i) and 12(1)(b) of FOIP. The Commissioner found that extending the response deadline for purposes of consultations was not appropriate. In arriving at this finding, the Commissioner noted that Justice did not provide sufficient explanation of the nature or complexity of the consultations. Furthermore, when considering why the consultations could not be completed within the original 30-day deadline, the Commissioner 160 SK OIPC Review Report F-2006-003 at [44]. 161 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8. 162 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8.

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