Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 142 Subsection 38(4) Application for review 38(4) A third party may make an application pursuant to subsection (3) within 20 days after being given notice of the decision. Subsection 38(4) of LA FOIP provides that where a third party requests the Commissioner review the decision of the local authority, it must make that request within 20 days after receiving the local authority’s decision. Subsection 2-28(3) of The Legislation Act provides that the first day is excluded in the calculation of time.235 In addition, if the due date falls on a holiday, the due date falls on the next day that is not a holiday.236 IPC Findings In Review Report 012-2018, the Commissioner considered whether a request for review had been received from the third party within the legislated 20-day deadline. The third party had said it missed the 20-day deadline because it was confused about how to request a review. The Commissioner found that the City of Regina (City) met its duty to assist when it informed the third party of its right to request a review and how the third party could request one. The Commissioner further found that the third party did not request the review within the legislated timeline of 20 days after receiving the City’s notice that it intended to release information. The Commissioner recommended that the City provide the applicant with the records. 235 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”. 236 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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