Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 112 business is extended to include the next day the place is open during its regular hours of business.240 Based on this, the following can be applied for calculating “within 30 days after receiving a report of the commissioner” under LA FOIP: • The first day the report is received is excluded in the calculation of time [s. 2-28(2)]. • If the due date falls on a holiday, the time is extended to the next day that is not a holiday [s. 2-28(5)]. • If the due date falls on a weekend, the time is extended to the next day the office is open [s. 2-28(6)]. • As LA FOIP expresses the time in a number of days, this is interpreted as 30 calendar days, not business days. The Legislation Act does not allow for additional time for personal holidays, scheduled days off or if staff are away from the office due to illness.241 Section 46: Appeal to court Appeal to courts 46(1) Within 30 days after receiving a decision of the head pursuant to section 45, an applicant or individual or a third party may appeal that decision to the court. (2) 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 appeal by an applicant, give written notice of the appeal 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. (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. 240 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 241 SK OIPC Blog, The Interpretation Act, 1995 – Things to Know, June 7, 2017. The Legislation Act replaced The Interpretation Act, 1995. It came into force on May 15, 2019.
RkJQdWJsaXNoZXIy MTgwMjYzOA==