Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 53 Local authorities should ensure that in keeping with best practices it: • Treats all applicants the same (fairness). • Calculates its fees in the same manner (consistency). For more on fees, see Section 9: Fee, later in this Chapter. Subsection 7(2)(b) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (b) if the record requested is published, referring the applicant to the publication; Subsection 7(2)(b) of LA FOIP provides that if the record requested is published, the local authority can refer the applicant to the publication. This provision is intended to provide a local authority with the option of referring an applicant to a publicly available source of the information where the balance of convenience favors this method of alternative access. It is not intended to be used in order to avoid a local authority’s obligations under LA FOIP. The local authority should take adequate steps to ensure the record it alleges is publicly available is the record that is responsive to the access to information request. Furthermore, applicants should not be required to compile small pieces of information from a variety of sources in order to obtain a complete version of a record that could be disclosed.87 Published is defined as to make known to people in general…an advising of the public or making known of something to the public for a purpose.88 Subsection 3(1)(a) of LA FOIP provides that LA FOIP does not apply to material that is published or material available for purchase by the public. For more on subsection 3(1)(a) of LA FOIP see the Guide to LA FOIP, Chapter 1, “Purposes and Scope of LA FOIP”. 87 ON IPC Order MO-3191-F at [86], [87] and [88]. 88 SK OIPC Review Report 249-2017 at [7].
RkJQdWJsaXNoZXIy MTgwMjYzOA==