Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 82 Subsection 8(1)(a) of The Local Authority Freedom of Information and Protection of Privacy Regulations provides that a local authority can waive the payment of fees if the application involves the personal information of the applicant. It is important for local authorities to be open with individuals regarding their own personal information.127 IPC Findings In Review Report 037-2021, the Commissioner reviewed a denial of access by the Rural Municipality of Pleasantdale No. 398 (RM). An applicant sought access to the administrator’s resignation letter. The RM responded advising the applicant that a $20 application fee was required to process the request. In its section 7 decision letter, the RM denied access pursuant to subsection 28(1) of LA FOIP. The applicant requested a review by the Commissioner. Upon review, the Commissioner considered the applicant’s request to have the $20 application fee refunded. The Commissioner found that the information withheld is not the applicant’s personal information and therefore subsection 8(1)(a) of The Local Authority Freedom of Information and Protection of Privacy Regulations did not apply. Subsection 8(1)(b) – LA FOIP Regulations Waiver of fees 8(1) For the purposes of subsection 9(5) of the Act, the following circumstances are prescribed as circumstances in which a head may waive payment of fees: … (b) with respect to the fees set out in subsections 5(2) to 5(4), if payment of the prescribed fees will cause a substantial financial hardship for the applicant and, in the opinion of the head, giving access to the record is in the public interest; … (2) For the purposes of clause 1(b) substantial financial hardship includes circumstances in which the applicant: (a) is receiving assistance pursuant to The Saskatchewan Assistance Act as an individual or as part of a family unit; (b) is receiving assistance pursuant to The Training Allowance Regulations; or 127 Ministry of Justice, Resource, Managing Fee Waiver Requests, at p. 5.
RkJQdWJsaXNoZXIy MTgwMjYzOA==