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. 132 Subsection 38(1)(a) 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; … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 38(1)(a) of LA FOIP provides that an applicant can request a review of decisions made by the local authority pursuant to: • Section 7 (response required). • Section 12 (extension of time). • Section 36 (decision following third party notice). Section 7 involves any decision related to the local authority’s section 7 response to the applicant. Under this provision, applicants can request a review where the local authority has: • Not provided a response that contains the elements required by subsection 7(2).225 • Not responded openly, accurately, or completely (s. 5.1). • Has deemed the applicant’s access request abandoned (s. 7.1). • Has offered access in a manner the applicant does not agree with (s. 10). • Denied access because records were deemed not responsive. • Denied access because the record is published (publicly available). • Denied access because the record will be published within 90 days. • Denied access because exemptions apply. • Denied access because records do not exist. • Denied access because the local authority refused to confirm or deny the existence of records. A review involving section 12 of LA FOIP would be any decision related to the local authority’s extension of the time allotted to respond to an applicant’s access to information request. Applicants can request a review: • Of the decision to extend the deadline for a response (s.12). 225 This also includes if the applicant is not satisfied with the final fee. For example, see SK OIPC Review Report 037-2022 at [64] to [65].

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