Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 84 after the local authority sends the notice), not the date the third party receives it. The date on which the notice is sent should be marked on the notice indicating posting or electronic transmission (e.g., the postmark for regular mail, the transmission date for email or facsimile). Local authorities should choose a delivery method that ensures that notice is given promptly.199 Contacting a third party prior to giving written notice is a good practice. It enables the local authority to explain the process, the importance of responding, the consequences of not responding and the timelines.200 There is no provision within LA FOIP that permits an extension of the 20-day deadline on third parties to provide representations. However, if the third party requests a few extra days to respond and the local authority agrees, these additional days would be subtracted from the 10 days remaining which the local authority has to issue its notice of decision pursuant to section 36 of LA FOIP.201 See Overview of third party timelines earlier in this Chapter. Local authorities are not required to accept a late submission from a third party (i.e., outside of the 20-day window contemplated by subsection 35(1)(b) of LA FOIP), but they may elect to do so, if the local authority is still able to make its decision within the 30 days allowed by subsection 36(1) of LA FOIP.202 No response to the notice by the 21st day after the notice is given does not imply that the third party has consented to the disclosure of the information. It is good practice to contact the third party prior to sending the section 33 notice to the third party to ensure the third party understands the process and consequences of not responding. The local authority should document its efforts to contact the third party. This is helpful in the event of a review by the Commissioner.203 For calculating “20 days of receiving notice”, The Legislation Act 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. 199 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216. 200 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216. 201 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 220. 202 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. 203 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 220.
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