Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 113 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(3) Extensions of time 12(3) Within the period of extension, the head shall give written notice to the applicant in accordance with section 7. Subsection 12(3) of LA FOIP provides that following the extension, the local authority must provide its section 7 decision letter to the applicant within the extended 30-day deadline. In other words, the local authority has a maximum of 60 days to provide a section 7 decision letter to the applicant (initial 30 days + extension of up to 30 days). 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.166 Therefore, local authorities should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. For more on notices to third parties, see the Guide to LA FOIP, Chapter 5, “Third Party Information”. IPC Findings In Review Report 311-2017, 312-2017, 313-2017, 316-2017, 340-2017, 341-2017, 342-2017, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner considered the timeframe under which the Global Transportation Hub (GTH) provided its response to an applicant. The Commissioner found that the GTH issued a fee estimate 25 days into the original 30-day deadline. Once the fee estimate was issued, the clock stopped until the applicant paid a 50% deposit. Once paid, this left only five days for GTH to provide a section 7 response. GTH then extended the response time an additional 30 days pursuant to subsection 12(1)(a) of FOIP. However, the GTH failed to provide a response within the extended 30-day deadline. GTH explained that the primary reason for the delay was significant objection by the third party to release of information. The Commissioner recommended that the GTH amend its procedures so that 166 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].
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