Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 55 access to information request is received by the government institution. The Commissioner further found that by responding to the applicant citing only subsection 7(2)(c) of FOIP, Executive Council failed to meet its duty to assist as it did not disclose the existence of additional documents. The Commissioner recommended Executive Council release data tables and the cost of the survey to the applicant within 30 days. In Review Report 107-2018, the Commissioner considered whether the City of Regina (City) met its obligations under subsection 7(2)(c) of LA FOIP. The City responded to an applicant’s request citing subsection 7(2)(c) of LA FOIP and indicating that the survey requested would be published within 90 days, the approximate date of publication and where the applicant could obtain a copy at that time. The Commissioner found that the City appropriately engaged subsection 7(2)(c) of LA FOIP. Subsection 7(2)(d) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (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; Subsection 7(2)(d) of LA FOIP provides that where access to records is refused, the local authority must set out the reason for the refusal and identify the specific exemption in LA FOIP that it is relying on to withhold the records or information. For subsection 7(2)(d) of LA FOIP, the written response to the applicant must have three elements: 1. It must state that access is refused in full or in part. 2. It must set out the reason for refusal. 3. It must identify the specific provision in LA FOIP on which the refusal is based.92 92 SK OIPC Review Report F-2006-003 at [22].
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