Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 47 (b) transfer the application to another local authority or to a government institution in accordance with section 11. (2) The head shall give written notice to the applicant within 30 days after the application is made: (a) stating that access to the record or part of it will be given on payment of the prescribed fee and setting out the place where, or manner in which, access will be available; (b) if the record requested is published, referring the applicant to the publication; (c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication; (d) stating that access is refused, setting out the reason for the refusal and identifying the specific provision of this Act on which the refusal is based; (e) stating that access is refused for the reason that the record does not exist; (f) stating that confirmation or denial of the existence of the record is refused pursuant to subsection (4); or (g) stating that the request has been disregarded pursuant to section 43.1, and setting out the reason for which the request was disregarded. (3) A notice given pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given. (4) If an application is made with respect to a record that is exempt from access pursuant to section 14, 20 or 21 or subsection 28(1), the head may refuse to confirm or deny that the record exists or ever did exist. (5) A head who fails to give notice pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record. Section 7 of LA FOIP provides that an applicant must receive a response from the local authority. The response must be within 30 days and must contain certain elements, which are enumerated at subsections 7(2) and 7(3) of LA FOIP. LA FOIP does not require a local authority to answer questions that come in an access to information request.81 For example, access to information requests that ask why the local authority made certain decisions. LA FOIP provides access to records and unless answers are 81 SK OIPC Review Report 091-2015 at [15].
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