Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 73 Creating a Fee Estimate LA FOIP provides for reasonable cost recovery associated with providing individuals access to records. A reasonable fee estimate is one that is proportionate to the work required on the part of the local authority to respond efficiently and effectively to an applicant’s request. A fee estimate is equitable when it is fair and even-handed, that is, when it supports the principle that applicants should bear a reasonable portion of the cost of producing the information they are seeking, but not costs arising from administrative inefficiencies or poor records management practices.118 LA FOIP is an instrument to foster openness, transparency, and accountability in local authorities. Fees should not present an unreasonable barrier to access to information in Saskatchewan. Therefore, fees should be reasonable, fair and at a level that does not discourage any resident from exercising their access rights. At the same time, the fee regime should promote and encourage applicants to be reasonable and to cooperate with local authorities in defining and clarifying their access requests.119 When it comes to charging fees, local authorities should ensure that: • All applicants are treated the same (fairness). • Fees are calculated the same way for all applicants (consistency). Fairness and consistency are best achieved when the local authority has a written policy or procedure in place for assessing fees and issuing fee estimates. The Commissioner has recommended that local authorities issue fee estimates within the first three to 10 days of an access request being received so there is still time to process the request once a deposit is received.120 118 SK OIPC Review Report 2005-005 at [21]. 119 SK OIPC Review Report 2005-005 at [24]. 120 SK OIPC Review Reports 261-2016 at [21], [71], and 037-2017 at [20].
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