Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 58 A reasonable search is one in which an employee, experienced in the subject matter, expends a reasonable effort to locate records which are reasonably related to the request. A reasonable effort is the level of effort you would expect of any fair, sensible person searching areas where records are likely to be stored. What is reasonable depends on the request and related circumstances.98 2. No possession/control of the record There are times that a record exists, but it is not within the possession or under the control of the local authority. Section 5 of LA FOIP provides the right of access to records that are in the possession or under the control of the local authority that received the access to information request. For more on possession and control see the Guide to LA FOIP, Chapter 1, “Purposes and Scope of LA FOIP” under LA FOIP Applies, Section 5: Possession or Control. Even if a local authority does not possess or control a record, merely citing subsection 7(2)(e) of LA FOIP may not be adequate. If the local authority considers that another local authority or a government institution has a “greater interest” in the record, the local authority should transfer the applicant’s access to information request in accordance with section 11 of LA FOIP.99 For more on transferring an access to information request, see Section 11: Transfer of Application, later in this Chapter. Subsection 7(2)(f) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (f) stating that confirmation or denial of the existence of the record is refused pursuant to subsection (4); or Subsection 7(2)(f) of LA FOIP provides that in certain cases, a local authority may refuse to confirm or deny the existence of a record. If a local authority intends to invoke this provision, 98 SK OIPC Review Reports F-2008-001 at [38] and F-2012-002 at [26]. 99 SK OIPC Review Report F-2008-002 at [20].
RkJQdWJsaXNoZXIy MTgwMjYzOA==