Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 82 Subsection 35(1)(a) Right to make representations 35(1) A third party who is given notice pursuant to subsection 33(1): (a) is entitled to make representations to the head as to why access to the record or part of the record should not be given; and … A third party that has received notice from the local authority has the right to make representations to the local authority. The local authority will take into consideration written representations received from third parties when deciding whether to withhold or release information from records. Representation means the documents, other evidence and/statements or affidavits provided by a party setting out its position with respect to the information at issue and often referred to as a submission.194 A submission informs the local authority of the third party’s main arguments and presents supporting information to make its case.195 Written submissions may be made in the form of a letter, fax, email, or other written communication submitted to the local authority in which the third party clearly states: • What specific information the third party considers to be subject to section 18 of LA FOIP. • Which specific subsection of section 18 of LA FOIP applies (i.e., (a) through (d)). • Why that subsection applies (provide any supporting evidence). OR • That it does not oppose release of the information. The submissions must be in writing unless the head of the local authority waives that requirement in certain circumstances as per subsection 35(2) of LA FOIP – see below. The fact that a third party has objected to the release of information is not sufficient grounds for information to be withheld under LA FOIP. The purpose of third party representations is 194 SK OIPC Rules of Procedure at p. 3. 195 SK OIPC resource, What to Expect During a Review with the IPC at p. 8.
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