Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 36 Access requests do not have to be made on Form A. An access request can be in the form of an email but must include all the elements listed on Form A.59 Indicated on the form is “there is an application fee of $20 payable to the local authority” which is further supported by subsection 5(1) of the LA FOIP Regulations. It is not a processing fee to be charged after the fact, but at the time the application for access to a record is made. In determining whether applicants can deviate from using Form A, The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. It defines words commonly used in legislation. Section 2-26 provides: Deviations from required form 2-26 If an enactment requires the use of a specified form, deviations from the form do not invalidate a form used if: (a) the deviations do not affect the substance; (b) the deviations are not likely to mislead; and (c) the form used is organized in the same way or substantially the same way as the form the use of which is required.60 Section 2-26 of The Legislation Act provides that it is not mandatory for an individual to use the prescribed form (Form A) to make an application for access to information.61 If a local authority receives a verbal request for access to information and there are no issues with releasing the information, the local authority can provide it without requiring a formal access request. However, applicants should be advised that only requests made in writing could be reviewed by the Commissioner. Where a local authority knows a document does not contain sensitive information and it would be of interest to residents, a proactive approach to disclosure is best.62 For more on proactive disclosure, see the Guide to LA FOIP, Chapter 2, “Administration of LA FOIP” at 59 See SK OIPC website under Resources tab, FAQs, Access to Information, “I want to obtain information about the latest public sector program, how do I make an access request? How long do I have to wait for the information?” www.oipc.sk.ca. 60 The Legislation Act, SS 2019, c L-10.2 at s. 2-26. 61 SK OIPC Review Reports 223-2018 at [10], 149-2017 at [13]. 62 Office of the Newfoundland and Labrador Information and Privacy Commissioner (NFLD IPC), Resource, Guide for Municipalities, December 2014 at p. 15.
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