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. 49 Subsection 7(2) Response required 7(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. It is often said that information delayed is information denied. One of the major problems with access to information regimes across Canada is delay in providing applicants with access to public records.83 Subsection 7(2) of LA FOIP provides that within 30 days of receiving an access to information request, the local authority must provide a response to the applicant. The response should include one or more of the enumerated statements listed at subsection 7(2) of LA FOIP. Calculating 30 Days The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time: 83 SK OIPC Review Reports LA-2013-004 at [13], LA-2014-001 at [20] and 104-2018 at [12].

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