Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 155 Section 43.1: Power to Authorize a Local Authority to Disregard Applications or Requests Power to authorize a local authority to disregard applications or requests 43.1(1) The head may apply to the commissioner to disregard one or more applications pursuant to section 6 or requests pursuant to section 31. (2) In determining whether to grant an application or request mentioned in subsection (1), the commissioner shall consider whether the application or request: (a) would unreasonably interfere with the operations of the local authority because of the repetitious or systematic nature of the application or request; (b) would amount to an abuse of the right of access or right of correction because of the repetitious or systematic nature of the application or request; or (c) is frivolous or vexatious, not in good faith or concerns a trivial matter. (3) The application pursuant to subsection 6(1) or the request pursuant to clause 31(1)(a) is suspended until the commissioner notifies the head of the commissioner’s decision with respect to an application or request mentioned in subsection (1). (4) If the commissioner grants an application or request mentioned in subsection (1), the application pursuant to subsection 6(1) or the request pursuant to clause 31(1)(a) is deemed to not have been made. (5) If the commissioner refuses an application or request mentioned in subsection (1), the 30-day period mentioned in subsection 7(2) or subsection 31(2) resumes. The right of access to information is not absolute. There will be certain individuals who may use the access provisions of LA FOIP in a way that is contrary to the principles and objects of LA FOIP.254 Subsection 43.1(1) Power to authorize a local authority to disregard applications or requests 43.1(1) The head may apply to the commissioner to disregard one or more applications pursuant to section 6 or requests pursuant to section 31. 254 AB IPC Application by Alberta Municipal Affairs to disregard an access request made by an applicant under the Freedom of Information and Protection of Privacy Act at p. 3.
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