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. 110 found that Justice did not offer any evidence that it sent additional reminders to the public bodies it had consulted to ensure that it would be in a position to respond to the applicant within the original 30-day deadline. The Commissioner also was not satisfied that Justice initiated and oversaw the consultations in a timely manner. In addition, the Commissioner found that many of the activities undertaken by Justice in preparation of its response did not constitute consultations under the provision. In Review Report 322-2021, 030-2022, the Commissioner found that the Ministry of Health (Health) failed to provide the section 7 decision letter to the applicant within the period of extension. As such, the Commissioner found that Health was not in compliance with subsection 12(3) of The Freedom of Information and Protection of Privacy Act (FOIP) and as a result, the Commissioner did not need to consider whether Health was in compliance with subsections 12(1) or 12(2) of FOIP. In Review Report 164-2021, the Commissioner found that the Ministry of Corrections, Policing and Public Safety (Corrections) failed to provide the section 7 decision letter to the applicant within the period of extension. As such, the Commissioner found that Corrections was not in compliance with subsection 12(3) of The Freedom of Information and Protection of Privacy Act (FOIP) and as a result the Commissioner did not need to consider whether Corrections had complied with subsections 12(1) or 12(2) of FOIP. The Commissioner recommended Corrections follow its obligations pursuant to subsection 12(3) of FOIP. Subsection 12(1)(c) Extension of time 12(1) The head of a local authority may extend the period set out in section 7 or 11 for a reasonable period not exceeding 30 days: … (c) where a third party notice is required to be given pursuant to subsection 33(1). Subsection 12(1)(c) of LA FOIP provides that an extension can be applied where the local authority needs to provide notice to third parties pursuant to subsection 33(1) of LA FOIP. If a local authority has not complied with subsection 12(3) of LA FOIP, the Commissioner will not consider whether the local authority has complied with subsections 12(1) or 12(2) of LA

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