Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 30 Section 5.1: Duty to Assist Duty of local authority to assist 5.1(1) Subject to this Act and the regulations, a local authority shall respond to a written request for access openly, accurately and completely. (2) On the request of an applicant, the local authority shall: (a) provide an explanation of any term, code or abbreviation used in the information; or (b) if the local authority is unable to provide an explanation in accordance with clause (a), endeavor to refer the applicant to a person who is able to provide an explanation. Subsection 5.1(1) Duty of local authority to assist 5.1(1) Subject to this Act and the regulations, a local authority shall respond to a written request for access openly, accurately and completely. Subsection 5.1(1) of LA FOIP requires a local authority to respond to an applicant’s written access to information request openly, accurately and completely. This means that local authorities should make reasonable effort to not only identify and seek out records responsive to an applicant’s access to information request, but to explain the steps in the process and seek any necessary clarification on the nature or scope of the request within the legislated timeframe.46 Local authorities are not obligated to create records that do not exist. In Review Report 3132016 regarding The Freedom of Information and Protection of Privacy Act, the Commissioner said that a government institution’s duty to assist does not include an obligation to create records that do not currently exist. However, if a government institution has records containing the raw information that is sought by an applicant that can be produced, then those records would be responsive to the applicant’s access request.47 This is the same for a local authority. 46 SK OIPC, Resource, Understanding the Duty to Assist: A Guide for Public Bodies, January 2018, at p. 2. 47 SK OIPC Review Reports 313-2016 at [18] and 038-2018 at [21].
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