Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 54 Subsection 7(2)(c) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication; Subsection 7(2)(c) of LA FOIP provides that if the record requested will be published within 90 days, the local authority can advise the applicant of this and provide the approximate date of publication. The 90 days starts to run on the date the applicant’s access to information request is received by the local authority.89 Published means to make known to people in general…an advising of the public or making known of something to the public for a purpose.90 It is not appropriate for a local authority to invoke only subsection 7(2)(c) of LA FOIP if only some of the records that would be responsive to the access request will be part of the publication in 90 days.91 IPC Findings In Review Report F-2004-005, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner considered whether Executive Council properly responded to an applicant when it cited subsection 7(2)(c) of FOIP in its response. The applicant had sought materials that showed the results of 17 budget-related questions undertaken in November 2003 including the questions, answers and costs of a survey. Executive Council responded to the applicant indicating that the information would be published in April 2004. Upon review, the Commissioner found that the 90 days referred to in subsection 7(2)(c) of FOIP starts to run on the date the applicant’s 89 SK OIPC Review Report F-2004-005 at [18]. 90 Originated from Black, Henry Campbell, 1979. Black’s Law Dictionary, 5th Edition St. Paul, Minn.: West Group. Adopted by ON IPC in Order P-204 at p. 4. Adopted by SK OIPC in Review Report 249-2017 at [7]. 91 SK OIPC Review Report F-2004-005 at [22].
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