Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 109 Subsection 42(3) of LA FOIP provides that no one is entitled, as of right, to be present during the Commissioner’s review or to have access to, or comment on, representations made to the Commissioner by any other person. The Commissioner issued The Rules of Procedure which set out the process for reviews. The Rules of Procedure state that representations made to the Commissioner will not be disclosed to another party unless the party submitting the representation agrees that the representation, or a portion thereof, can be shared with another party. Third parties should indicate in their representations whether they consent to the sharing of the representation amongst the parties to the review (applicant and local authority). Section 44: Report of commissioner Report of commissioner 44(1) On completing a review or investigation, the commissioner may prepare a written report setting out the commissioner’s recommendations with respect to the matter and the reasons for those recommendations. (2) If a report is prepared pursuant to subsection (1), the commissioner shall forward a copy of the report to the head and, if the matter was referred to the commissioner by: (a) an applicant or individual, to the applicant or individual and to any third party notified by the head pursuant to section 41; and (b) a third party, to the third party and to the applicant. (3) In the report mentioned in subsection (1), the commissioner may make any recommendations with respect to the matter under review or investigation that the commissioner considers appropriate. Upon completion of a review, the Commissioner may issue a report. The report will include the Commissioner’s findings and recommendations. If the Commissioner completes a report, it is provided to each party to the review prior to the report becoming publicly available via posting to the Commissioner’s website. All reports are generally posted to the Commissioner’s website seven days after the report is provided to the parties.238 Reports may be posted to the website sooner where the Commissioner considers it appropriate. For example, where media coverage is going to occur 238 SK OIPC The Rules of Procedure at 2-12.
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