Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 150 (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; Subsection 39(2)(a.4) of LA FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review concerns a professional who is governed by a professional body that regulates its members pursuant to an Act, and a complaints procedure is available that has not been used. This is a new provision following the amendments of January 1, 2018. Subsection 39(2)(a.5) 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.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; Subsection 39(2)(a.5) of LA FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review may be considered pursuant to another Act. The other Act should provide a review or other mechanism to challenge a local authority’s decision with respect to collection, use, disclosure or correction of personal information and that review or mechanism was not used. This is a new provision following the amendments of January 1, 2018. Subsection 39(2)(a.6) 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.6) does not contain sufficient evidence;

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