Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 64 IPC Findings In Review Report 104-2018, the Commissioner considered the lack of response by the Northern Village of Pinehouse (Village) to an applicant’s access to information request. The Commissioner noted that pursuant to subsection 7(5) of LA FOIP, the Village failed to provide a section 7 response to the applicant within the 30-day deadline. Therefore, it was deemed to have responded on the 30th day with a refusal to provide access. The Commissioner referred to such a situation as a “deemed refusal”. The Commissioner indicated that the Village was now required to account for responsive records in its possession and/or control and only deny access to all or part of the records if permitted by the limited and specific exemptions in LA FOIP. As the Village had not done so, the Commissioner recommended the Village release the records to the applicant. Section 7.1: Applications Deemed Abandoned Applications deemed abandoned 7.1(1) If the head has invited the applicant to supply additional details pursuant to subsection 6(3) or has given the applicant notice pursuant to clause 7(2)(a) and the applicant does not respond within 30 days after receiving the invitation or notice, the application is deemed to be abandoned. (2) The head shall provide the applicant with a notice advising that the application is deemed to be abandoned. (3) A notice provided pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given. Subsection 7.1(1) Applications deemed abandoned 7.1(1) If the head has invited the applicant to supply additional details pursuant to subsection 6(3) or has given the applicant notice pursuant to clause 7(2)(a) and the applicant does not respond within 30 days after receiving the invitation or notice, the application is deemed to be abandoned.
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