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. 48 in a record, the local authority is not required under LA FOIP to answer them. However, it does have a duty to answer questions as to whether it has responsive records.82 All responses provided to applicants pursuant to subsection 7(2) of LA FOIP must include a statement that advises applicants of their right to request a review by the Information and Privacy Commissioner. The requirement is addressed at subsection 7(3) of LA FOIP. The Ministry of Justice and Attorney General has developed model letters to assist with responding to applicants in each of the circumstances outlined at subsection 7(2) of LA FOIP. See Model Letters (LA FOIP) for samples. Subsection 7(1) 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 (b) transfer the application to another local authority or to a government institution in accordance with section 11. Subsection 7(1) of LA FOIP requires that when a local authority receives an access to information request from an applicant, it must respond in writing advising the applicant of its decision regarding the request. Subsection 7(2) of LA FOIP enumerates what the response must include and the timeframe it must be provided in. If the local authority believes that another local authority or a government institution has a greater interest in the records being requested, it can transfer the access to information request to the other local authority or the government institution. For more on transferring access to information requests, see Section 11: Transfer of Application, later in this Chapter. 82 AB IPC Order F2014-39 at [22].

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