Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 156 Section 43.1 of LA FOIP provides local authorities the ability to apply to the Commissioner requesting authorization to disregard an access request (section 6 application) or a correction request (section 31 request) made by an applicant. Subsection 43.1(1) requires a local authority to make an application to the Commissioner. This should be in the form of a written application (letter) that includes evidence and argument about how the criteria under subsection 43.1(2) are met. Details of how to make an application are contained in the IPC resource, Application to Disregard an Access to Information Request or Request for Correction. An application to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information. It is important for a local authority to remember that a request to disregard must present a sound basis for consideration and should be prepared with this in mind.255 Generally, the actions of applicants are not under scrutiny. They have no duty to be accountable to the local authority. The law is in place to allow for the scrutiny of those who govern, not the other way around. When making access requests, applicants who frequently use the Act are exercising a statutory right. While some requests can be complicated and may even be intended as “fishing expeditions”, they are lawful and ought to be treated with respect.256 However, LA FOIP must not become a weapon for disgruntled individuals to use against a local authority for reasons that have nothing to do with the Act.257 For more on the IPC process for applications to disregard an application or request, see The Rules of Procedure. Subsection 43.1(2)(a) Power to authorize local authority to disregard applications or requests 43.1(2) In determining whether to grant an application or request mentioned in subsection (1), the commissioner shall consider whether the application or request: 255 Office of the New Brunswick Information and Privacy Commissioner (NB IPC) Interpretation Bulletin, Section 15 – Permission to disregard access request. 256 AB IPC Investigation Report F2017-IR-01 at [80]. 257 BC IPC Order 110-1996 at p. 6.
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