Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 112 Subsection 12(2) Extension of time 12(2) A head who extends a period pursuant to subsection (l) shall give notice of the extension to the applicant within 30 days after the application is made. Subsection 12(2) of LA FOIP provides that where a local authority intends to extend the response time, it must give notice of the extension to the applicant within the first 30 days following receipt of the access to information request. If a local authority does not give notice within the original 30 day deadline, it is no longer able to request an extension as its lack of response constitutes a “deemed refusal” pursuant to subsection 7(5) of LA FOIP. Subsection 12(2) of LA FOIP supports this view, as it requires that notice of an extension be given within 30 days of the application being made.164 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 FOIP.165 Therefore, local authorities should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. IPC Findings 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 164 SK OIPC Review Report F-2008-001 at [32]. 165 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].
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