Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 145 (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(2) of LA FOIP permits the Commissioner to dismiss or discontinue a review where it appears an applicant is not utilizing the access provisions of LA FOIP appropriately. A local authority can request the Commissioner dismiss or discontinue a review based on subsection 39(2) of LA FOIP. The local authority should provide its arguments in support of its position to the IPC. The Commissioner may also initiate this process independent of a request from a local authority where it appears appropriate. Subsection 39(2)(a) Review or refusal to review 39(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; Subsection 39(2)(a) of LA FOIP provides that the Commissioner can refuse to conduct a review or discontinue one where the Commissioner is of the opinion that the request for review is frivolous or vexatious. Frivolous is typically associated with matters that are trivial or without merit, lacking a legal or factual basis or legal or factual merit; not serious; not reasonably purposeful; of little weight or importance.237 237 SK OIPC Review Report F-2010-002 at [57] to [63].
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