Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 130 IPC Findings As of the issuing of this Chapter, the Commissioner has not considered this provision in a Report yet. This section will be updated accordingly when it is considered. Section 38: Application for Review Application for review 38(1) Where: (a) an applicant is not satisfied with the decision of a head pursuant to section 7, 12 or 36; (a.1) an applicant is not satisfied that a reasonable fee was estimated pursuant to subsection 9(2); (a.2) an applicant believes that all or part of the fee estimated should be waived pursuant to subsection 9(5); (a.3) an applicant believes that an application was transferred to another local authority pursuant to subsection 11(1) and that local authority did not have a greater interest; (a.4) an individual believes that his or her personal information has not been collected, used or disclosed in accordance with this Act or the regulations; (b) a head fails to respond to an application for access to a record within the required time; or (c) an applicant requests a correction of personal information pursuant to clause 31(1)(a) and the correction is not made; the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. (2) An applicant or individual may make an application pursuant to subsection (1) within one year after being given written notice of the decision of the head or of the expiration of the time mentioned in clause (1)(b). (3) A third party may apply in the prescribed form and manner to the commissioner for a review of a decision pursuant to section 36 to give access to a record that affects the interest of the third party. (4) A third party may make an application pursuant to subsection (3) within 20 days after being given notice of the decision.
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