Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 148 IPC Findings In Review Report F-2010-002, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). A series of access to information requests were repeatedly submitted by an applicant to six separate government institutions. Requests for review were submitted to the IPC on the grounds that the six government institutions failed to meet their obligations under section 7 of FOIP. Through the course of the reviews, the government institutions raised the issue that the requests for review were frivolous, vexatious and not in good faith pursuant to subsection 50(2). The Commissioner considered the actions of the applicant and agreed the applicant was engaging in a pattern of conduct that was vexatious and not in good faith. The Commissioner discontinued the reviews pursuant to subsections 50(2)(a) and (b) of FOIP. In Review Report 053-2015, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). An applicant had made an access to information request to the Ministry of Justice (Justice). Justice responded to the applicant providing partial access to a report. The applicant requested a review by the Commissioner. Upon review, Justice requested the Commissioner dismiss the review as frivolous and vexatious pursuant to subsection 50(2)(a) of FOIP. The Commissioner found that the circumstances of the case did not meet the threshold to support a finding that the request for review was frivolous or vexatious. The review continued. Subsection 39(2)(a.1) 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.1) does not affect the applicant or individual personally; Subsection 39(2)(a.1) of LA FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review does not affect the applicant personally. This is a new provision following the amendments of January 1, 2018.
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