Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 84 • Have others besides the applicant sought or expressed an interest in the records. • Are there other indicators that the public has or would have an interest in the records. 2. Is the applicant motivated by commercial or other private interests or purposes, or by a concern on behalf of the public, or a sector of the public? The following may be relevant: • Do the records relate to a personal conflict between the applicant and the local authority. • What is the likelihood the applicant will disseminate the contents of the records in a manner that will benefit the public. 3. If the records are about the process or functioning of the local authority, will they contribute to open, transparent and accountable government. The following may be relevant: • Do the records contain information that will show how the local authority reached or will reach a decision. • Are the records desirable for subjecting the activities of the local authority to scrutiny. • Will the records shed light on an activity of the local authority that have been called into question. The following additional factors may be relevant to decide if a waiver is warranted on grounds of fairness: • If others have asked for similar records, have they been given at no cost. • Would the waiver of the fee significantly interfere with the operations of the local authority, including other programs of the local authority. • Are there other less expensive sources of the information. • Is the request as narrow as possible. • Has the local authority helped the applicant to define their request.130 The factors above do not require that all questions be answered in the affirmative in order for the local authority to find that access to the records is in the public interest. The local authority should weigh the circumstances of each case when making its decision. If an applicant requests a fee waiver and it is denied by the local authority, the applicant has a right to request a review by the Information and Privacy Commissioner pursuant to subsection 38(1)(a.2) of LA FOIP. A review of a fee waiver denial considers the criteria or process used by the local authority to deny the request and whether it was consistent with LA FOIP. 130 AB IPC Order 2006-032 at [44].
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