Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 107 parties for the Commissioner, the burden of proof will not be met, and subsection 18(1) of LA FOIP may be found to not apply.231 Third parties should not be told who the applicant is at any point in the process. To do so, may constitute a breach of the applicant’s privacy pursuant to Part IV of LA FOIP.232 Section 42: Conduct of review Conduct of review 42(1) The commissioner shall conduct every review in private. (2) The: (a) person who applies for a review; (b) third party or applicant who is entitled to notice pursuant to section 52; and (c) head whose decision is the subject of a review; are entitled to make representations to the commissioner in the course of the review. (3) No one is entitled as of right: (a) to be present during a review; or (b) before or after a review: (i) to have access to; or (ii) to comment on; representations made to the commissioner by any other person. Subsection 42(1) of LA FOIP provides that third parties (and applicants and local authorities) that are a party in a review by the Commissioner have a right to make representations to the Commissioner on the matter. This is an entitlement or a right and not a requirement. If a third party does not wish to make representation to the Commissioner, the review will continue without it. 231 SK OIPC Review Report F-2013-003 at [19], [25], [26] and [67] to [73]. 232 Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency), 2006 FC 1075 (CanLII) at [13] and [19].
RkJQdWJsaXNoZXIy MTgwMjYzOA==