Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 173 an access matter), the individual (if a privacy matter), the third party (if applicable) and the Commissioner within those 30 days of the Commissioner’s report. 3. Once received, the applicant, individual or third party can launch an appeal of the head’s decision to the Court of King’s Bench. The application form is called an Originating Application (Form 3-49). It should be filed at the Local Registrar’s office. There is a fee involved for filing the application. It is around $200. A sample of an Originating Application for an access to information appeal can be found at Appendix A of IPC resource, Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee. 4. The applicant, individual or third party that launches the appeal is responsible for serving the local authority with the Originating Application once filed with the court. 5. Once the Originating Application is filed and served, the parties are embarking on a two-step procedure: i. The first step involves determining whether the parties can agree or whether the court will have to decide what is filed sealed and what is argued in camera or in open court. Because of the nature of the appeal, the local authority will have filed sealed records (both unredacted and redacted) which means they are not seen by the other parties to the appeal. If the parties agree that submissions need not be filed sealed and the representations can be made in open court, the parties can proceed directly to argue the appeal. If the parties cannot agree, a court application will have to be made to determine the procedure to be used, what is filed sealed, what is argued in camera and what is argued in open court. The court will determine this procedure and issue an order. In camera, in private or in the judge’s private chambers.300 ii. The second step will be the actual argument by the parties as has been previously directed by the judge or agreed by the parties.301 In the recent Saskatchewan Court of Appeal decision, Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII), the court clarified the de novo nature of an appeal pursuant 300 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 909. 301 SK OIPC Resource, Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee at p. 10.
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