Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 79 Subsection 9(3) Fee 9(3) Where an estimate is provided pursuant to subsection (2), the time within which the head is required to give written notice to the applicant pursuant to subsection 7(2) is suspended until the applicant notifies the head that the applicant wishes to proceed with the application. For the local authority, the 30-day deadline to respond to an access request is suspended once the fee estimate is sent and remains suspended until the applicant notifies the local authority that the applicant wishes to proceed with the application. When an applicant pays the 50% deposit referred to in subsection 9(4) of LA FOIP, this qualifies as an indication that they wish to proceed. When the applicant indicates they wish to proceed, the clock is no longer suspended, and the local authority has whatever days are left within its original 30 days to complete the work and issue the response. IPC Findings In Review Report 261-2016 & 284-2016 the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner found that an extension applied at the same time of a fee estimate was not necessary and not in keeping with FOIP because the clock stopped when the fee estimate was issued. The Commissioner recommended government institutions 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.
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