Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 86 it should be applied consistently for all access requests (i.e., the practice should not just be applied to certain applicants and not others).131 Subsection 8(2) – 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 (c) is receiving legal assistance or representation from any of the following organizations, including any of the same organizations operating from time to time under another name: (i) The Saskatchewan Legal Aid Commission; (ii) Pro Bono Law Saskatchewan; (iii) Community Legal Assistance Services for Saskatoon Inner City Inc. (CLASSIC). Subsection 8(2) of The Local Authority Freedom of Information and Protection of Privacy Regulations provides that substantial financial hardship for an applicant includes the enumerated list in the subsections below. 131 Ministry of Justice, Resource, Managing Fee Waiver Requests, at p. 5.

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