Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 59 it must do so in compliance with subsection 7(4) of LA FOIP. For more, see Subsection 7(4), later in this Chapter. Subsection 7(2)(g) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (g) stating that the request has been disregarded pursuant to section 43.1, and setting out the reason for which the request was disregarded. Subsection 7(2)(g) of LA FOIP provides that a local authority can respond to an applicant indicating that the access to information request has been disregarded pursuant to subsection 43.1 of LA FOIP. The local authority must set out the reasons why the request is being disregarded. Section 43.1 of LA FOIP provides local authorities the ability to apply to the Commissioner requesting authorization to disregard an access request (section 6 application) or a correction request (section 31 request) made by an applicant. Where a local authority intends to initiate the process for disregarding an access to information request, subsection 43.1(1) of LA FOIP requires a local authority to make an application to the Commissioner. This should be in the form of a written application (letter) that includes evidence and argument about how the criteria under subsection 43.1(2) are met. Details of how to make an application are contained in the IPC resource, Application to Disregard an Access to Information Request or Request for Correction. Further assistance can also be found in the IPC’s The Rules of Procedure. A request to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information in a particular case. It is important for a local authority to remember that a request to disregard must present a sound basis for consideration and should be prepared with this in mind.100 100 NB IPC, Interpretation Bulletin, Section 15 – Permission to disregard access request.
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