Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 106 Findings In Review Report 012-2018, the Commissioner considered whether a third party met the 20day timeline to request a review under subsection 36(3) of LA FOIP. The Commissioner received the third party’s request for review 7 days past the 20-day deadline. In its representations to the Commissioner, the third party asserted that there was confusion on how to request a review by the Commissioner. However, upon review, the Commissioner 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 of decision 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. Section 41: Notice of application for review Notice of application for review 41(1) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of review pursuant to section 38, give written notice of the review to any third party that the head: (a) has notified pursuant to subsection 33(1); or (b) would have notified pursuant to subsection 33(1) if the head had intended to give access to the record or part of the record. (2) A head shall, immediately on receipt of a notice of review pursuant to section 38 by a third party, give written notice of the review to the applicant. It is a requirement of the Act that a local authority notify third parties that an application for a review has been made as per section 41 of LA FOIP. The Office of the Information and Privacy Commissioner will invite third parties to provide representations to the Commissioner’s office once a review has been commenced so this notice by the local authority is important. If a local authority has applied subsection 18(1) of LA FOIP to information in records but has failed to provide notice of a review pursuant to section 41 and is unable to identify third
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