Guide to LA FOIP-Chapter-5

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 2 • Appealing to the Court of King’s Bench. Quick Reference 1: Third Party Timelines If the local authority does not intend to disclose third party information, third party notice is not required. However, if the local authority intends to disclose, notice is required to the third party. The following is a quick reference for the time limits involved with third party information.3 For more detail on each section below, refer to that section in this Chapter. The timelines set out in subsections 33(2), 35(1)(b), 36(1), 36(2), 36(3), 38(2), 38(4), and sections 45, and 46 of LA FOIP are fixed and there is no mechanism established within LA FOIP to formally modify or extend them. 3 The above table was adapted from British Columbia Government Services, FOIPPA Policy and Procedures Manual at Section 24 - Time limit and notice of decision - Province of British Columbia (gov.bc.ca). Accessed Sept. 1, 2022. For a more detailed reference document on timelines and procedures, see the Access and Privacy Branch, Ministry of Justice resource, Help with FOIP!!, Access Request Checklist, Third Party Notification Required. Although this resource uses section numbers of The Freedom of Information and Protection of Privacy Act, the process is the same, but the section numbers are different. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) will be followed. Where this office has not previously considered a section of LA FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.

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