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. 169 When an applicant refuses to cooperate with a local authority in the process of accessing information or if a party misrepresents events to the IPC, this could suggest the party is not acting in good faith.289 The intention to use information obtained from an access request in a manner that is disadvantageous to the local authority does not qualify as bad faith. To the contrary, it is appropriate for requesters to seek information “to publicize what they consider to be inappropriate or problematic decisions or processes undertaken”290 by local authorities. Applicants do not need to justify a request and LA FOIP does not place limits on what an applicant can do with the information once access has been granted.291 A trivial matter is something insignificant, unimportant or without merit. It is similar to frivolous. However, what is trivial to one person may not be trivial to another.292 Therefore, what is trivial is somewhat subjective.293 IPC Findings 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 pursuant to the equivalent subsections in The Freedom of Information and Protection of Privacy Act (FOIP) (subsections 45.1(2)(b) and (c)). Specifically, SGI asserted the access to information requests were vexatious and not submitted in good faith. The Commissioner considered subsection 45.12(2)(c) of FOIP first at the request of SGI. While considering the application, the Commissioner noted that it was not the first disregard application from SGI involving the applicant and that the Commissioner had previously issued three disregard decisions and one Review Report. In each of the disregard cases, the Commissioner found the applicant’s conduct amounted to an abuse of the right of access. The current disregard application would be the fourth from SGI involving the applicant. Considering this and the additional arguments submitted by SGI in this case, the Commissioner found that SGI had established reasonable grounds for finding the applicant’s two requests were vexatious and not made in good faith within the meaning of subsection 45.1(2)(c) of FOIP. As a result of this finding, the Commissioner did not need to consider subsection 45.1(2)(b) of FOIP. However, 289 SK OIPC Review Report F-2010-002 at [103] and [105]. 290 ON IPC Order MO-1924 at p. 10. 291 ON IPC Order MO-1924 at p. 10. 292 SK OIPC Review Report F-2010-002 at [50] and [51]. 293 ON IPC Order M-618 at [17].

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