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. 157 (a) would unreasonably interfere with the operations of the local authority because of the repetitious or systematic nature of the application or request For this provision to be found to apply, the local authority would have to demonstrate that the applicant’s access to information requests or requests for correction interfere unreasonably with the operations of the local authority due to their repetitious or systematic nature. Both parts of the following test must be met: 1. Are the requests for access or correction repetitious or systematic? Repetitious requests are requests that are made two or more times.258 Systematic requests are those made according to a method or plan of acting that is organized and carried out according to a set of rules or principles.259 It includes a pattern of conduct that is regular or deliberate.260 To be methodical; arranged, conducted, according to system; deliberate.261 The following factors should be considered: • Are the requests repetitious (does the applicant ask more than once for the same records or information or for the same information to be corrected). • Are the requests similar in nature or do they stand alone as being different. • Do previous requests overlap to some extent. • Are the requests close in their filing time. • Does the applicant continue to engage in a determined effort to request the same information (an important factor in finding whether requests are systematic, is to determine whether they are repetitious). • Is there a pattern of conduct on the part of the applicant in making the repeated requests that is regular or deliberate. 258 BC IPC Order F10-01 at [16]. 259 BC IPC Order F13-18 at [23]. 260 AB IPC Request to Disregard F2019-RTD-01 at p. 9. 261 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.

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