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. 78 • 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.187 Subsection 33(3) Notice to third party 33(3) Section 12 applies, with any necessary modification, to the extension of the period set out in clause (2)(b). Subsection 33(3) of LA FOIP provides further clarification for subsection 33(2)(b) of LA FOIP above. If an extension is authorized by section 12 of LA FOIP, the notice to the third party must be provided within the extension period (a total of 60 days from date access to information request was received). This is consistent with subsection 12(1)(c) of LA FOIP. For more on section 12, see the Guide to LA FOIP, Chapter 3: “Access to Records”. For assistance on calculating the initial 30 days, see The Legislation Act which establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time: 2-28(1) A period expressed in days and described as beginning or ending on, at or with a specified day, or continuing to or until a specified day, includes the specified day. (2) A period expressed in days and described as occurring before, after or from a specified day excludes the specified day. 187 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.

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