Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 76 5. The local authority should include a sentence requesting the third party advise it if it consents to the release of the information or personal information. If the third party does decide to consent to release, this saves the local authority from waiting for 20 days to see if representations arrive. NOTE: this is not required by subsection 33(2) of LA FOIP. However, it is efficient and a good practice to cover subsections 18(2) (third party information) and 28(1) (personal information) of LA FOIP. For a sample model letter184 see the Ministry of Justice, Access and Privacy Branch’s sample titled, 14 Notification under Section 33 to Third Party Regarding Section 18 Records – Records Contain Third Party Information – LA FOIP. For release of personal information pursuant to subsection 28(2)(n) of LA FOIP, see the Ministry of Justice, Access and Privacy Branch’s sample letter titled, 15 Notification under Section 33 to Third Party Regarding Disclosure of Personal Information under Clause 28(2)(n) – LA FOIP. The identity of the applicant should never be revealed to a third party.185 Subsection 33(2)(b) Notice to third party 33(2) The notice mentioned in subsection (1): … (b) subject to subsection (3), is to be given within 30 days after the application is made. Unless an extension is applied pursuant to section 12 of LA FOIP, a local authority must provide notice to the third party within 30 days of receiving an access to information request. See subsection 33(3) of LA FOIP below for more information or the Guide to LA FOIP, Chapter 3: “Access to Records” for more on section 12. 184 For other samples of model letters by the Access and Privacy Branch, Ministry of Justice see publications. Saskatchewan.ca/#/categories/340. 185 Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency), 2006 FC 1075 (CanLII) at [13] and [19].
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