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. 32 • Searching for the record to make sure that all possible responsive documents have been located. • Preparing an Index of Records if this would make the local authority’s response more accurate. • Reviewing the records line-by-line before a decision is made with respect to what, if any, exemptions apply.54 Complete means having all its parts; entire; finished; including every item or element; without omissions or deficiencies; not lacking in any element or particular.55 Furthermore, it means the information from a local authority must be comprehensive and not leave any gaps in its response to an applicant’s access to information request. A local authority should provide all the necessary details to enable an applicant to understand how a decision was reached. This will include explaining: • Search procedures when no records are found, or records have been destroyed. • What, if any, exemptions have been applied. • The reason an exemption has been applied particularly when the exemption is discretionary. • What factors were relied upon in exercising discretion to withhold a record or part of a record. • Informing an applicant about the outcome of an access process. • The right to request a review by the Commissioner.56 How a local authority fulfills its duty to assist will vary according to the circumstances of each request and requires the exercise of judgment. The most important aspects of the duty to assist are likely to arise in the course of: • Providing the information necessary for an applicant to exercise his or her rights under LA FOIP. • Clarifying the request, if necessary. • Performing an adequate search for records. • Responding to the applicant.57 54 NS IPC, Resource, What is the Duty to Assist, at p. 1 55 SK OIPC Review Report F-2006-003 at [49]. 56 NS IPC, Resource, What is the Duty to Assist, at p. 2 57 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3 at p. 50.

RkJQdWJsaXNoZXIy MTgwMjYzOA==