Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 131 Section 38 of LA FOIP provides the circumstances under which an applicant, individual or third party can request a review by the Commissioner. Those who wish to make a request for review can do so using “Form B”. It is located at Part III of in The Local Authority Freedom of Information and Protection of Privacy Regulations. The form should be completed and provided to the IPC along with a copy of the local authority’s response to the applicant’s access to information request or privacy complaint. Any other relevant information, such as other communications with the local authority, can also be attached. The IPC will also accept requests for review that are not on Form B provided the request is in writing and contains the same elements of information as Form B. Applicants can request a review of one issue or several issues. The issues identified in the request for review are considered the “scope of the review”. The scope generally remains the same through the course of the review. If the applicant raises new issues, a new request for review is needed and, in most cases, a separate file is opened. The Commissioner is an independent Officer of the Legislative Assembly. The Commissioner has oversight over LA FOIP and jurisdiction to review compliance of LA FOIP by all local authorities in Saskatchewan subject to it. The Commissioner is neutral and does not represent a local authority or an applicant in a review or investigation. The Commissioner prepares a report on the completion of a review or investigation, which includes findings and recommendations for the local authority. The local authority has a responsibility to respond to the Commissioner’s report under section 45 of LA FOIP indicating whether it will comply with the recommendations. If not satisfied with the response from the local authority, an applicant can pursue an appeal to the Court of King’s Bench for Saskatchewan. The Court of King’s Bench will determine the matter de novo. A hearing de novo means a review of a matter anew, as if the original hearing had not taken place.224 For more on the IPC review process, see The Rules of Procedure. For more on the role of the Commissioner, see the Guide to LA FOIP, Chapter 2, “Administration of LA FOIP” at Information and Privacy Commissioner – Roles and Responsibilities. 224 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 837.
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