Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 152 Subsection 39(2)(a.7) of LA FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review has already been the subject of a previous report by the Commissioner. This is a new provision following the amendments of January 1, 2018. Subsection 39(2)(b) 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: … (b) is not made in good faith; or Subsection 39(2)(b) of LA FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review has not been made in good faith. Good faith means that state of mind denoting honesty of purpose, freedom from intention to defraud, and, generally speaking, means being faithful to one’s duty or obligation. Good faith is an intangible quality encompassing honest belief, the absence of malice and the absence of design to defraud or take advantage of something.248 Not in good faith means the opposite of “good faith”, generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or other contractual obligation, not prompted by an honest mistake as to one’s rights, but by some interested or sinister motive.249 When an applicant refuses to cooperate with a local authority in the process of accessing information or if a party misrepresents events to the IPC, this could suggest the party is not acting in good faith. Bad faith is not simply bad judgment or negligence, but rather it implies the conscious doing of a wrong because of dishonest purpose or moral obliquity; it is different from the negative idea of negligence in that it contemplates a state of mind affirmatively operating with furtive design or ill will. The intention to use information obtained from an access request in a manner that is disadvantageous to the local authority does not qualify as bad faith. To the contrary, it is 248 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 249 ON IPC Order MO-3108 at [37].
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