Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 134 Subsection 38(1)(a.1) of LA FOIP provides that an applicant can request a review of the local authority’s fee estimate. Applicants can request a review of how: • The fee estimate was provided (s. 7(2)(a)). • Access was provided following payment of fees (s. 9(2)). • Payment of a deposit was handled (s. 9(4)). • The fee estimate was calculated (s. 5 of LA FOIP Regulations). • Fees exceeding the estimate were handled (s. 6(2) LA FOIP Regulations). • Fees for records that were refused were handled (s. 7(1) LA FOIP Regulations). • Refunds of fees were handled (s. 7(2) LA FOIP Regulations). Local authorities issue fee estimates in accordance with subsection 7(2)(a) and section 9 of LA FOIP. In addition, fee estimates are issued pursuant to sections 5, 6 and 7 of The Local Authority Freedom of Information and Protection of Privacy Regulations. Reviews involving fee estimates can occur both at the time the fee estimate was issued or after the fee has already been paid and records provided to an applicant. For all fee reviews, the IPC requires details on how the fee amount was arrived at. This includes how fees were calculated for search, preparation and reproduction of the record. For this reason, a local authority should retain details and notes about its search, preparation, and reproduction so it can support the amount of the fee estimate in the event of a review. Fee estimates under LA FOIP are generally judged on the basis of whether they are reasonable and equitable. A fee estimate is reasonable when it is proportionate to the work required on the part of the local authority to respond efficiently and effectively to the applicant’s request. A fee estimate is equitable when it is fair and even-handed, that is, when it supports the principle that applicants should bear a reasonable portion of the cost of producing the information they are seeking, but not costs arising from administrative inefficiencies or poor records management practices.228 If the fees end up being less than what was originally estimated, the local authority should refund the applicant accordingly as required by subsection 7(2) of The Local Authority Freedom of Information and Protection of Privacy Regulations. Fees cannot be charged to the applicant when access to the record is refused pursuant to subsection 7(1) of The Local Authority Freedom of Information and Protection of Privacy Regulations. 228 SK OIPC Review Report 2005-005 at [21].
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