Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 105 (5) A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday. (6) A time limit for registering or filing documents or for doing anything else that falls or expires on a day on which the place for doing so is not open during its regular hours of business is extended to include the next day the place is open during its regular hours of business.229 Based on this, the following can be applied for calculating “20 days after being given” the local authority’s decision under LA FOIP: • The first day the notice is given is excluded in the calculation of time [s. 2-28(2)]. • If the due date falls on a holiday, the time is extended to the next day that is not a holiday [s. 2-28(5)]. • If the due date falls on a weekend, the time is extended to the next day the office is open [s. 2-28(6)]. • As LA FOIP expresses the time in a number of days, this is interpreted as 20 calendar days, not business days. The Legislation Act does not allow for additional time for personal holidays, scheduled days off or if staff are away from the office due to illness.230 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. For more on section 38, see the Guide to LA FOIP, Chapter 3: “Access to Records”. 229 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 230 SK OIPC Blog, The Interpretation Act, 1995 – Things to Know, June 7, 2017. The Legislation Act replaced The Interpretation Act, 1995. It came into force on May 15, 2019.
RkJQdWJsaXNoZXIy MTgwMjYzOA==