Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 143 Section 39: Review or Refusal to Review Review or refusal to review 39(1) Where the commissioner is satisfied that there are reasonable grounds to review any matter set out in an application pursuant to section 38, the commissioner shall review the matter. (2) The commissioner may refuse to conduct a review or may discontinue a review if, in the opinion of the commissioner, the application for review: (a) is frivolous or vexatious; (a.1) does not affect the applicant or individual personally; (a.2) has not moved forward as the applicant or individual has failed to respond to the requests of the commissioner; (a.3) concerns a local authority that has an internal review process that has not been used; (a.4) concerns a professional who is governed by a professional body that regulates its members pursuant to an Act, and a complaints procedure available through the professional body has not been used; (a.5) may be considered pursuant to another Act that provides a review or other mechanism to challenge a local authority’s decision with respect to the collection, amendment, use or disclosure of personal information and that review or mechanism has not been used; (a.6) does not contain sufficient evidence; (a.7) has already been the subject of a report pursuant to section 44 by the commissioner; (b) is not made in good faith; or (c) concerns a trivial matter. Subsection 39(1) Review or refusal to review 39(1) Where the commissioner is satisfied that there are reasonable grounds to review any matter set out in an application pursuant to section 38, the commissioner shall review the matter.
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