Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 140 For more on correction of personal information, see Guide to LA FOIP, Chapter 6, “Protection of Privacy”, at Section 31: Right of correction. Subsection 38(2) Application for review 38(2) An applicant or individual may make an application pursuant to subsection (1) within one year after being given written notice of the decision of the head or of the expiration of the time mentioned in clause (1)(b). Subsection 38(2) of LA FOIP provides that applicants may make a request for review to the Commissioner within one year after being given written notice of the decision of the local authority. Subsection 2-28(3) of The Legislation Act, provides that the first day is excluded in the calculation of time.232 In addition, if the due date falls on a holiday, the due date falls on the next day that is not a holiday.233 If an applicant did not receive a response from the local authority, the applicant has one year from the 30th day under which the local authority was deemed to have responded pursuant to subsection 7(5) of LA FOIP. Subsection 38(3) Application for review 38(3) A third party may apply in the prescribed form and manner to the commissioner for a review of a decision pursuant to section 36 to give access to a record that affects the interest of the third party. 232 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”. 233 Subsection 2-28(5) of The Legislation Act, SS 2019, c L-10.2 provides “A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday”.
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