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. 166 Subsection 43.1(2)(c) Power to authorize a 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: … (c) is frivolous or vexatious, not in good faith or concerns a trivial matter. For this provision to be found to apply, the local authority would have to demonstrate that the applicant’s access to information request(s) or request(s) for correction is frivolous, vexatious, not in good faith or concerns a trivial matter. Similar to subsection 39 of LA FOIP, the following definitions and factors have been established: Frivolous is typically associated with matters that are trivial or without merit, lacking a legal or factual basis or legal or factual merit; not serious; not reasonably purposeful; of little weight or importance.277 Vexatious means without reasonable or probable cause or excuse.278 A request is vexatious when the primary purpose of the request is not to gain access to information but to continually or repeatedly harass a local authority in order to obstruct or grind a local authority to a standstill. It is usually taken to mean with intent to annoy, harass, embarrass or cause discomfort.279 A request is not vexatious simply because a local authority is annoyed or irked because the request is for information the release of which may be uncomfortable for the local authority.280 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.281 277 SK OIPC Review Report F-2010-002 at [57], [60] and [61]. 278 SK OIPC Review Report F-2010-002 at [62]. 279 Office of the Northwest Territories Information and Privacy Commissioner (NWT IPC), Review 17161 at p. 10. Also in SK OIPC Review Report 2010-002 at [69]. 280 SK OIPC Review Report F-2010-002 at [69]. 281 BC IPC Order 110-1996 at p. 6.

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