Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 66 In Review Report 136-2022, the Commissioner reviewed a fee estimate issued to an applicant by the Water Security Agency (WSA). The fee estimate was $200, and the applicant requested the Commissioner review the WSA’s estimate. Shortly after requesting a review, the applicant received a letter from the WSA indicating that as no response to the fee estimate was received in the form of a deposit, the WSA had deemed the request abandoned pursuant to subsection 7.1(1) of The Freedom of Information and Protection of Privacy Act (FOIP). Upon review, the Commissioner pointed to Review Report 302-2018, 303-2018, 304-2018 where the Commissioner found that subsection 7.1(1) of LA FOIP was not applicable following the issuance of a fee estimate. It was only applicable following the final notice of payment of the remainder of the fees pursuant to subsection 7(2)(a) of LA FOIP. The Commissioner found that WSA was premature in its decision to deem the access to information request abandoned. Subsection 7.1(2) Applications deemed abandoned 7.1(2) The head shall provide the applicant with a notice advising that the application is deemed to be abandoned. If the applicant does not respond within 30 days of being contacted, the local authority can advise the applicant, in writing, that the application has been declared abandoned. The Ministry of Justice and Attorney General has developed model letters. The samples include a letter to an applicant notifying them that the application is being declared abandoned. See 18 Applications Deemed Abandoned – LA FOIP. Subsection 7.1(3) Applications deemed abandoned 7.1(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. The notice provided to the applicant should include a statement that if the applicant is not satisfied with the decision to deem the application abandoned, the applicant may make a
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