Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 76 In instances where the above does not accurately reflect the circumstances, the local authority should design a search strategy and test a representative sample of records for time. The time can then be applied to the responsive records as a whole. Where the search for responsive records exceeds one hour, the local authority can charge $15.00 for every half hour or portion of a half hour in excess of one hour for search or preparation (as per subsection 5(3) of The Local Authority Freedom of Information and Protection of Privacy Regulations). IPC Findings In Review Report 302-2018, 303-2018, 304-2018, the Commissioner considered if the City of Regina’s (the City) fee estimate was reasonable. The City did not provide an explanation as to how it arrived at its estimated number of pages for both searching and severing, but using the City’s estimated number of responsive pages, the Commissioner found its calculations were slightly less that what the City quoted the applicant. The Commissioner, however, found the estimates were reasonable because the City provided a fee reduction of 50% given the volume of records and cost. The Commissioner added that local authorities, when processing an access request, should work with applicants to narrow a request or to identify the types of documents an applicant does not need or require in an effort to reduce or eliminate fees. In Review Report 064-2016 to 076-2016 the Commissioner considered the equivalent provisions in The Freedom of Information and Protection of Privacy Act. The Commissioner noted that where a search of active email accounts of current employees is required, search time should be calculated using subsection 6(2) of The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations) and not subsection 6(3) of the FOIP Regulations unless it is less expensive and the applicant agrees. Furthermore, the Commissioner found that government institutions cannot charge for searches of archived email accounts pursuant to subsection 6(3) of the FOIP Regulations because The Archives and Public Records Management Act requires records be useable and accessible. 2. Fees for Preparing Fees for preparing the record for disclosure is pursuant to subsection 5(3) of The Local Authority Freedom of Information and Protection of Privacy Regulations. Preparation includes time spent preparing the record for disclosure including: • Time anticipated to be spent physically severing exempt information from records.
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