Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 80 Subsection 9(4) Fee 9(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. Subsection 9(4) of LA FOIP provides that the local authority can require the applicant to pay a 50% deposit on the fee estimate. The applicant must pay this deposit before the local authority commences its search for records. Alternatively, the applicant could request a review of the fee estimate. If a review of the fee estimate is requested and the applicant has paid the 50% deposit, the local authority should proceed with processing the request despite the review underway. This prevents a delay in accessing records. Depending on the outcome of the review, a fee can be adjusted or refunded at any point.126 If the applicant requests a review of the fee estimate but chooses not to pay the 50% deposit until the review is complete, the local authority does not need to proceed with processing the request until the review is complete and the applicant indicates they wish to proceed. Where a 50% deposit has been paid and access to the records is refused, the deposit must be refunded to the applicant pursuant to subsection 7(2) of The Local Authority Freedom of Information and Protection of Privacy Regulations. Subsection 9(5) Fee 9(5) Where a prescribed circumstance exists, the head may waive payment of all or any part of the prescribed fee. Subsection 9(5) of LA FOIP provides that a local authority can waive payment of all or part of the fees in prescribed circumstances. The prescribed circumstances are outlined at section 8 of The Local Authority Freedom of Information and Protection of Privacy Regulations. 126 SK OIPC Review Report F-2010-001 at [13] and [14].
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