Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 101 the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 38(1) of LA FOIP provides that an applicant can request a review by the Commissioner under several circumstances including when they are not satisfied with the decisions of the local authority in sections 7, 12 or 36 notices or responses. Therefore, if applicants receive a section 36 decision from the local authority that denies access to the third party information, applicants have a right to request a review by the Commissioner of that decision pursuant to subsection 38(1)(a) of LA FOIP. For more on subsection 38(1), see the Guide to LA FOIP, Chapter 3: “Access to Records”. Subsection 38(2) Application for review 38(2) An applicant or individual may make an application pursuant to subsection (1) within one year after being given written notice of the decision of the head or of the expiration of the time mentioned in clause (1)(b). Subsection 38(2) of LA FOIP provides that applicants may make a request for review to the Commissioner within one year after being given written notice of the decision of the local authority (i.e., after receiving the section 36 notice). For calculating “one year after being given written notice of the decision of the head” or of the deemed refusal, The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time: 2-28(1) A period expressed in days and described as beginning or ending on, at or with a specified day, or continuing to or until a specified day, includes the specified day. (2) A period expressed in days and described as occurring before, after or from a specified day excludes the specified day.
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