Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 65 Often, it is clear when an applicant has decided not to pursue an access request. An applicant will indicate either in writing or on the telephone an intention not to proceed. This may be for a variety of reasons. For example, the applicant has found the information is available another way or no longer needs the information.104 Sometimes situations will arise where an applicant simply ceases to respond during the processing of an access to information request. No indication is given that the applicant has decided not to pursue the request. They simply do not respond to queries from the local authority.105 When this situation occurs, section 7.1(1) of LA FOIP sets out provisions for declaring an application abandoned. Subsection 7.1(1) of LA FOIP provides that the local authority can consider an application for access abandoned: • If the local authority invited the applicant to supply additional details to help identify the record pursuant to subsection 6(3) of LA FOIP and the applicant does not respond within 30 days. • If the local authority provided a subsection 7(2)(a) notice and the applicant does not respond within 30 days. IPC Findings In Review Report 302-2018, 303-2018, 304-2018, the Commissioner considered subsection 7.1(1) of LA FOIP for the first time. The City of Regina (City) had received three separate access to information requests along with a request to waive the full fees for processing each request. The City provided its fee estimate for each request to the applicant, and included a fee reduction, but not a full waiver. At a certain point, the City deemed the applications abandoned because the applicant had not provided the required deposit to proceed with each request in what the City felt was the applicable timeline. The applicant requested a review by the IPC. The Commissioner found that the conditions for issuing a notice of abandonment pursuant to section 7.1 of LA FOIP were not met and that the City improperly issued a notice of abandonment to the applicant. In other words, subsection 7.1(1) of LA FOIP was not applicable following the issuing of a fee estimate. It was only applicable for the final notice of payment of the remainder of the fees pursuant to subsection 7(2)(a) of LA FOIP.106 104 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3 at p. 81. 105 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3 at p. 81. 106 SK OIPC Review Report 302-2018, 303-2018, 304-2018 at [51] to [52].
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