Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 170 the Commissioner noted that in the past three disregard decisions involving the applicant and SGI, the Commissioner had found that subsection 45.1(2)(b) of FOIP applied because of the applicant’s conduct and as the circumstances in the present case were similar, it would likely result in a similar finding. Most notable in this disregard decision, is the Commissioner went further with the decision for the first time. The Commissioner was concerned with the cost and inefficiency of the multiple applications to disregard being submitted by SGI involving the applicant. Furthermore, that it was not in the public interest to unnecessarily add to SGI’s costs of complying with FOIP. In addition, other members of the public had an equal right to share in the public resources allocated to responding to access to information requests. When an individual overburdens the system in the way this applicant was, it has a negative impact on others who want to legitimately exercise their access to information rights. After considering how other jurisdictions handle similar situations, the Commissioner’s decision imposed other conditions not previously put forward. The Commissioner granted SGI’s application to disregard the two access to information requests. In addition, the Commissioner authorized SGI to disregard all future access to information requests made by or on behalf of the applicant that pertain to the motor vehicle accident in 2019. Upon issuance of the disregard decision, the Commissioner discontinued all reviews involving SGI and the applicant that were open pertaining to the motor vehicle accident pursuant to subsections 50(2)(a) and (a.7) of FOIP (three files at the time) and any future requests for review involving the motor vehicle accident in 2019 would not be conducted pursuant to subsections 50(2)(a) and (a.7) of FOIP. Section 46: Appeal to the Court Appeal to court 46(1) Within 30 days after receiving a decision of the head pursuant to section 45, an applicant or individual or a third party may appeal that decision to the court. (2) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the head: (a) has notified pursuant to subsection 33(1); or (b) would have notified pursuant to subsection 33(1) if the head had intended to give access to the record or part of the record.
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