Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 103 If an applicant did not receive a response from the local authority, the applicant still has one year from the 30th day under which the local authority was deemed to have responded.227 The same rules around the computation of time noted above from The Legislation Act apply in this circumstance also. Subsection 38(3) Application for review 38(3) A third party may apply in the prescribed form and manner to the commissioner for a review of a decision pursuant to section 36 to give access to a record that affects the interest of the third party. Subsection 38(3) of LA FOIP provides that a third party can request a review by the Commissioner. Third parties can request a review pursuant to subsection 38(3) of LA FOIP when they are not satisfied with the local authority’s section 36 notice of decision. For example, the local authority provides notice that it has decided to release the third party information. This request for review must be made within 20 days after being given the section 36 notice of decision from the local authority. Third parties who wish to make a request for review can do so using Form B found in The Local Authority Freedom of Information and Protection of Privacy Regulations. The form should be completed and provided to the IPC along with a copy of the local authority’s section 36 notice of decision. Any other relevant information, such as other communications with the local authority, can also be attached. The IPC will also accept requests for review that are not on Form B provided the request is in writing and contains the same elements of information as Form B. If the third party requests a review, local authorities should release any portions of the records that are not in dispute. Apply relevant severing to any information in dispute, and to 227 Subsection 38(2) of LA FOIP provides that the one year also includes the date as of which the local authority is deemed to have responded – see subsections 7(5) and 36(4) of LA FOIP.
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