Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 108 At the beginning of a review, the Office of the Information and Privacy Commissioner will request the contact information for the third party from the local authority. The Office of the Information and Privacy Commissioner will then send a notification to the third party inviting them to provide representations for section 18 of LA FOIP (or subsection 28(2)(n) of LA FOIP if applicable in the circumstances). The third party will generally be given 30 days to provide its representations to the Commissioner.233 Representation means the documents, other evidence and/statements or affidavits provided by a party setting out its position with respect to the information at issue and often referred to as a submission.234 A submission informs the Commissioner of the third party’s main arguments and presents supporting information to make its case.235 The Office of the Information and Privacy Commissioner has issued several guides, blogs, and other resources on how to prepare an effective submission: • A Guide to Submissions: Increasing your chances of success • IPC Guide to FOIP, Chapters 1 to 6 • IPC Guide to LA FOIP, Chapters 1 to 6 • IPC Guide to HIPA • What Makes a Good Submission? • Tips for a Good Submission Third parties should focus their arguments and supporting information on how section 18 applies (or why personal information should not be released pursuant to subsection 28(2)(n) of LA FOIP if that is the issue subject to review). The discretion to apply other discretionary exemptions under Part III of LA FOIP is reserved for the “head” of the local authority only.236 As such, the Commissioner will not consider other discretionary exemptions unless raised by the local authority.237 233 SK OIPC resource, The Rules of Procedure at sections 2-5 and 2-6. 234 SK OIPC The Rules of Procedure at p. 3. 235 SK OIPC resource, What to Expect During a Review with the IPC at p. 8. 236 The “head” is defined at subsection 2(e) of The Local Authority Freedom of Information and Protection of Privacy Act. 237 SK OIPC Review Reports F-2014-006 at [41] to [43], 205-2019, 255-2019 at [11]. See also SNC Lavalin Inc. v. Canada (Minister for International Cooperation), 2003 FCT 681 (CanLII), [2003] 4 FC 900 at [19] to [24].
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