Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 133 • Of the contents and timing of the notice to the applicant (s.12(2) and 12(3)). In terms of calculating time, subsection 2-28(3) of The Legislation Act provides that the first day is excluded in the calculation of time.226 Therefore, the initial 30-day clock begins the day following receipt of the access to information request. For more on the timeframe for responses see Section 7: Response required, Calculating 30 Days, earlier in this Chapter. 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.227 Therefore, local authorities should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. A review involving section 36 of LA FOIP would be focused on the decision of the local authority to deny access to information or records following a consideration of a third party’s representations. Applicants can request a review: • Of the local authority’s decision to deny access to information deemed third party information. • Of the content or timing of the local authority’s notice (s. 36(1)(b)/36(2)). • Of the lack of notice (s. 36(4)). Subsection 38(1)(a.1) Application for review 38(1) Where: … (a.1) an applicant is not satisfied that a reasonable fee was estimated pursuant to subsection 9(2); … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. 226 Subsection 2-28(3) of The Legislation Act, SS 2019, c L-10.2 provides “A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens”. 227 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].
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