Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 110 before the report is generally made available to the public on the website. There are also limited circumstances where the Commissioner will not post a report to the website. For example, where the matters are extremely sensitive, an individual may be identified or where the circumstances of a case require additional measures be taken to protect individuals. Local authorities are required, pursuant to section 45 of LA FOIP, to respond to a report of the Commissioner within 30 days indicating whether it will comply with the Commissioner’s recommendations or any other decision the head considers appropriate. The head’s response should be provided to the other parties to the review and to the Commissioner. The response should be in writing. Once an applicant, individual or third party receives the head’s section 45 response, if not satisfied, they have 30 days to make an application to the Court of King’s Bench pursuant to section 46 of LA FOIP. For more information on the Court of King’s Bench see Courts of Saskatchewan. In the recent Court of Appeal for Saskatchewan decision, Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII), the court clarified the de novo nature of an appeal pursuant to an equivalent section in The Freedom of Information and Protection of Privacy Act (FOIP) – section 57 of FOIP. Part VII of FOIP (and LA FOIP) does not in any way contemplate that, on an appeal to the Court of King’s Bench, parties can raise any and all provisions of the Act that bear on the question of whether the record in issue may be released. The system of the Act offers no room for a direct appeal to the Court of King’s Bench from the decision of a head, i.e., an appeal that circumvents the application to the Commissioner for a review.239 For more on the IPC’s procedures for reviews, investigations and issuing reports, see The Rules of Procedure. See also Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee. Section 45: Decision of head Decision of head 45(1) Within 30 days after receiving a report of the commissioner pursuant to subsection 44(1), a head shall: 239 Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII) at [41] and [47].
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