Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 104 any information that attracts any other exemptions to disclosure, but the remainder should be released to the applicant while the IPC review is pending.228 For more on section 38, see the Guide to LA FOIP, Chapter 3: “Access to Records”. Subsection 38(4) Application for review 38(4) A third party may make an application pursuant to subsection (3) within 20 days after being given notice of the decision. Subsection 38(4) of LA FOIP provides that where a third party requests the Commissioner review the decision of the local authority, it must make that request within 20 days after being given the local authority’s decision. For calculating “20 days after being given” the local authority’s decision, 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. (3) A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens. (4) In the calculation of time expressed as a number of clear days, weeks, months or years or as “at least” or “not less than” a number of days, weeks, months or years, the first and last days are excluded. 228 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Section 24 - Time limit and notice of decision - Province of British Columbia (gov.bc.ca). Accessed Sept. 1, 2022.
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