Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 31 It is not necessary for a local authority to put records in any specific order (e.g., chronological order) unless negotiated with an applicant beforehand. The only exception to the order of the records would be the attachments to emails. If a local authority is going to leave duplicate attachments out of the record, or re-order the record, it is best practice to provide an explanation to the applicant when it provides the record. This is part of the duty to assist.48 Where information being sought can be produced from a local authority’s existing computer software by means of technical expertise normally used by it, it will constitute a record under subsection 2(j) of LA FOIP.49 Though LA FOIP requires the local authority to respond openly, accurately, and completely, the duty to assist also involves making every reasonable effort to assist without delay. This should occur pre and post receipt of any access to information request.50 Reasonable effort is what a fair and rational person would expect to be done or would find acceptable and helpful in the circumstances.51 Open means to be honest, forthcoming, and transparent. Where a decision is made to not provide an applicant with all or part of a record, a local authority should provide reasons for the refusal in an upfront and informative manner. Being open would also include explaining to an applicant other things such as how and why a decision was made, how responsive records were searched for, any additional information necessary to explain something found in the record that is believed to be confusing; how a fee is calculated and creating a record when appropriate.52 Accurate means careful; precise; lacking errors.53 Furthermore, it means the local authority must provide the applicant with sufficient and correct information about the access process and how decisions are made. This includes understanding what the applicant is actually looking for including: • Clarifying the nature of the access to information request. • Understanding the nature of the records. 48 SK OIPC Review Reports 086-2018 at [151] to [154], 080-2018 at [85] to [87], 077-2018 at [75]. 49 Toronto Police Services Board v. Ontario (Information and Privacy Commissioner), 2009, ONCA 20 (CanLII) at [59]. 50 SK OIPC Resource, Understanding the Duty to Assist: A Guide for Public Bodies, at p. 1. 51 Office of the Nova Scotia Information and Privacy Commissioner (NS IPC), Resource, What is the Duty to Assist, at p. 1. Similar definition cited in SK Review Report F-2006-003 at [55]. 52 NS IPC, Resource, What is the Duty to Assist, at p. 1 53 SK OIPC Review Report F-2006-003 at [49].
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