Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 72 suspended until the applicant notifies the head that the applicant wishes to proceed with the application. (4) Where an estimate is provided pursuant to subsection (2), the head may require the applicant to pay a deposit of an amount that does not exceed one-half of the estimated amount before a search is commenced for the records for which access is sought. (5) Where a prescribed circumstance exists, the head may waive payment of all or any part of the prescribed fee. Subsection 9(1) Fee 9(1) An applicant who is given notice pursuant to clause 7(2)(a) is entitled to obtain access to the record on payment of the prescribed fee. Subsection 9(1) of LA FOIP provides that when an applicant pays the fee required, the applicant will be entitled to receive the records. Subsection 9(2) Fee 9(2) Where the amount of fees to be paid by an applicant for access to records is greater than a prescribed amount, the head shall give the applicant a reasonable estimate of the amount, and the applicant shall not be required to pay an amount greater than the estimated amount. Subsection 9(2) of LA FOIP requires a local authority to provide a fee estimate where the cost for providing access to records exceeds the prescribed amount of $100. This prescribed amount is found in subsection 6(1) of The Local Authority Freedom of Information and Protection of Privacy Regulations (LA FOIP Regulations). Furthermore, applicants are not required to pay any fees beyond what is originally estimated. If the fees end up being less than what was originally estimated, the local authority should refund the applicant accordingly as required by subsection 7(2) of the LA FOIP Regulations. Fees cannot be charged when access to the record is refused pursuant to subsection 7(1) of the LA FOIP Regulations.
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