Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 46 In Review Report 127-2018, the Commissioner reviewed the response of the University of Saskatchewan (U of S) to an access to information request. The U of S had responded to an applicant’s access to information request indicating that further clarification was required to identify records pursuant to subsection 6(3) of LA FOIP. The applicant requested a review by the Commissioner. Upon notice of the review, the U of S raised concerns that the request for review by the applicant was frivolous and vexatious. The Commissioner found that there was jurisdiction to conduct the review and that the request for review was not frivolous or vexatious. Furthermore, the Commissioner found that “clarification” pursuant to section 6 of LA FOIP was not necessary. The Commissioner recommended that the U of S develop and implement policies and procedures for clarifying and narrowing requests. Subsection 6(4) Application 6(4) Where additional details are invited to be supplied pursuant to subsection (3), the application is deemed to be made when the record is identified. Where a local authority needs to request additional details from an applicant, the 30-day deadline for a local authority to respond pursuant to subsection 7(2) of LA FOIP does not start until the head can identify what record(s) the applicant is requesting. In other words, until the necessary clarification is received, the 30-day clock has not started. For more on calculating the time see Section 7: Response Required, Calculating 30 Days, later in this Chapter. Section 7: Response Required Response required 7(1) Where an application is made pursuant to this Act for access to a record, the head of the local authority to which the application is made shall: (a) consider the application and give written notice to the applicant of the head’s decision with respect to the application in accordance with subsection (2); or
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