Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 8 they consider to be inappropriate or problematic decisions or processes undertaken by a local authority.9 Questions in Access to Information Requests LA FOIP does not require local authorities to answer questions that come in an access to information request.10 For example, access to information requests that ask why the local authority made certain decisions. LA FOIP provides access to records and unless answers are in a record, the local authority is not required under LA FOIP to answer them. However, a local authority does have a duty to answer questions as to whether it has responsive records.11 IPC Findings In Disregard Decision 130-2021, the Commissioner considered an application to disregard an access to information request from the Rural Municipality of North Qu’Appelle No. 187 (RM). While considering the application and the question of whether the applicant’s access to information requests (current and previous) were repetitious, the Commissioner noted that the applicant’s previous access to information requests pose several questions. The applicant had raised that previous access to information requests had not been completed answered or replied to. Furthermore, where the applicant was not satisfied with the answers to the questions, the applicant asked them again in subsequent requests. The Commissioner noted at paragraph [19] of the Decision that LA FOIP does not require an RM to answer questions that come in an access to information request. For example, why the RM made certain decisions. LA FOIP is about gaining access to records. Therefore, the RM was not required under LA FOIP to answer questions by the Applicant. However, the RM did have a duty to answer questions as to whether it had responsive records. 9 SK OIPC Review Report 053-2015 at [32]. 10 SK OIPC Review Report 091-2015 at [15]. 11 AB IPC Order F2014-39 at [22].
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