Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 52 Subsection 7(2)(a) 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; Subsection 7(2)(a) of LA FOIP provides that the local authority can respond to the access to information request indicating that a fee must be paid prior to records being provided. This statement should also include directions for the applicant on where and how the fee can be paid. If the local authority intends to provide notice to the applicant that a fee is required pursuant to subsection 7(2)(a), there are additional requirements when issuing fee estimates. These are outlined at section 9 of LA FOIP. Subsection 9(2) of LA FOIP requires a local authority to provide a fee estimate where the cost for providing access exceeds $100. This prescribed amount is found in subsection 6(1) of The Local Authority Freedom of Information and Protection of Privacy Regulations (LA FOIP Regulations). Applicants are not required to pay any fees beyond what is originally estimated. Sections 5, 6, 7 and 8 of the LA FOIP Regulations provide further instruction regarding calculating fees and fee waivers. LA FOIP provides for reasonable cost recovery associated with providing individuals with access to records. A reasonable fee estimate is one that is proportionate to the work required on the part of the local authority to respond efficiently and effectively to an applicant’s request. A fee estimate is equitable when it is fair and even-handed, that is, when it supports the principle that applicants should bear a reasonable portion of the cost of producing the information they are seeking, but not costs arising from administrative inefficiencies or poor records management practices.86 Fees encourage responsible use of the right of access by applicants. However, fees should not present an unreasonable barrier to access. Therefore, fees should be reasonable, fair and at a level that does not discourage any resident from exercising their access rights. 86 SK OIPC Review Report 2005-005 at [21].
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