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. 34 IPC Findings In Review Report 027-2019, the Commissioner considered whether or not the Northern Village of Pinehouse (the Village) met its duty to assist pursuant to LA FOIP. In this matter, the Village did not provide a response within the legislated timeline and did not clearly let the applicant know what was provided, what was withheld, what was missing or if records existed. The Commissioner concluded that because the Village did not respond to the applicant openly, accurately or completely, that it failed to meet its duty to assist. The Commissioner recommended that the Village develop policies and procedures to process access to information requests that include consideration for how to manage requests when they arrive at the Village post office; those requests be date stamped; and that processing begin immediately. Subsection 5.1(2) Duty of local authority to assist 5.1(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(2) of LA FOIP provides that a local authority will assist applicants when they: (a) need explanation of a term, code, or abbreviation; or (b) if the local authority is unable to explain it, refer the applicant to a person who can. In addition to providing the record, if an applicant requires assistance with understanding a term, code or abbreviation, the local authority should assist the applicant.

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