Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 97 found that the City of Regina’s notice of decision to the third party instructed it on how and where to request a review by the Commissioner. As a result, the Commissioner found that the City of Regina met its duty to assist under section 5.1 of LA FOIP. Furthermore, the Commissioner found that the third party did not request a review within the legislated timeline of 20 days after receiving the City’s notice pursuant to section 36 of LA FOIP. Since subsection 36(3) of LA FOIP provides that the head of the City of Regina “shall” provide access to a record (or specified part of it), after 20 days, the Commissioner recommended the City of Regina release the record to the applicant. Subsection 36(4) Decision 36(4) A head who fails to give notice pursuant to clause (1)(b) is deemed to have given notice, on the last day of the period set out in subsection (1), of a decision to refuse to give access to the record. Subsection 36(4) of LA FOIP provides that where a local authority has failed to give notice to an applicant (or third party) that access to the third party information is denied is deemed to have given notice of this decision on the 30th day after the section 33 notice is sent. This provision is similar to subsection 7(5) of LA FOIP and has similar intent. The IPC refers to this lack of response or notice as a “deemed refusal”. In the absence of providing notice, the local authority is deemed to have refused access. Local authorities should be aware that a subsection 7(2) decision for an access to information request is still required and exemptions applied to other information (besides the third party information) must be addressed in the subsection 7(2) decision. Applicants who have failed to receive a section 36 notice that access to the third party information is denied, can proceed to request a review by the Commissioner pursuant to section 38 of LA FOIP. In addition, applicants who have failed to receive a subsection 7(2) decision, can proceed to request a review by the Commissioner pursuant to section 38 of LA FOIP. Applicants have up to one year to request a review (see Section 38 later in this Chapter).
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