Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 73 dispense with giving notice pursuant to subsection 33(4) of LA FOIP. For more on subsection 33(4) of LA FOIP, see Subsection 33(4) later in this Chapter. Local authorities should choose a delivery method that is expeditious and convenient for the third party, but which is also efficient and cost effective for the local authority. Regular mail is not recommended. Local authorities should consider sending notice and a copy of the third party information at issue via courier or priority post. Prompt delivery will allow the third party as much time as possible to respond. If sending notice and records by fax, care should be taken to prevent unauthorized disclosure of third party personal information.181 If withholding the third party personal information, no notice is required • In other words, if the local authority has decided it will not disclose the personal information pursuant to subsection 28(2)(n) of LA FOIP, no notice is required to be provided to the individual. • It should be noted that withholding an applicant’s own personal information can produce an absurd result 182and is contrary to subsection 30(1) of LA FOIP. There are limited circumstances where this type of information can be withheld. For assistance with section 30, see the Guide to LA FOIP, Chapter 3: “Access to Records”. Subsection 33(2) Notice to third party 33(2) The notice mentioned in subsection (1): (a) is to include: (i) a statement that: 181 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 217. 182 It is a principle of statutory interpretation that “interpretations that result in a lack of fit between conduct and consequences may be rejected as absurd.” In this context an “absurd” result signifies “a result that is so unreasonable, as to be unacceptable.” From Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 1, A - B at p. A-36. Originates from Ruth Sullivan, Sullivan and Driedger on the Construction of Statutes, 4th ed. (Toronto: Butterworths, 2002), at p. 247. See also SK OIPC Review Reports 027-2016 at [14], 044-2017 at [19] 059-2017 at [40], 176-2019, 1772019, 262-2019, 263-2019 at [38], and 187-2019 at [39].
RkJQdWJsaXNoZXIy MTgwMjYzOA==