Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 164 The following factors should be considered: • Number of requests: is the number excessive. • Nature and scope of the requests: are they excessively broad and varied in scope or unusually detailed. Are they identical to or similar to previous requests. • Purpose of the requests: are the requests intended to accomplish some objective other than to gain access. For example, are they made for “nuisance” value, or is the applicant’s aim to harass the public body or to break or burden the system. • Timing of the requests: is the timing of the requests connected to the occurrence of some other related event, such as a court or tribunal proceeding. 275 • Wording of the requests: are the requests or subsequent communications in their nature offensive, vulgar, derogatory or contain unfounded allegations. Offensive or intimidating conduct or comments by applicants is unwarranted and harmful. They can also suggest that an applicant’s objectives are not legitimately about access to records. Requiring employees to be subjected to and to respond to offensive, intimidating, threatening, insulting conduct or comments can have a detrimental effect on well-being.276 The local authority should address any of the above factors that apply. Depending on the nature of the case, one factor alone or multiple factors in concert with each other can lead to the second part of the test being met. IPC Findings In Disregard Decision 343-2019, 352-2019 the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP) for the first time. The Saskatchewan Worker’s Compensation Board (WCB) applied to the Commissioner for authorization to disregard two access to information requests that an applicant had made to the WCB. The Commissioner found that the applicant’s two requests were repetitious and an abuse of the right of access pursuant to subsection 45.2(b) of FOIP. As such, the Commissioner authorized the WCB to disregard the two access to information requests. In Disregard Decision 181-2021, 182-2021, the Commissioner considered an application from Saskatchewan Government Insurance (SGI) to disregard two access to information requests from an applicant. SGI asserted that the two access to information requests should be disregarded on the grounds that the requests amounted to an abuse of the right of access 275 Four factors adopted from ON IPC Order MO-3108 at [24]. Also in SK OIPC Review Report F-2010002 at [69]. 276 Fifth factor adopted from AB IPC Order F2015-16 at [39] to [54]. Added to criteria in SK OIPC Review Report 053-2015 at [15] and [38] to [41].
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