Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 86 Subsection 35(2) Right to make representations 35(2) Representations made by a third party pursuant to clause (1)(b) shall be made in writing unless the head waives that requirement, in which case they may be made orally. A third party’s representations to the local authority must be in writing. There is good reason for this. In the interest of transparency, local authorities should have a written record of a decision-making process. There are unique situations where the “head”206 may waive the requirement and accept oral representations. A local authority may choose to record the oral representation which can be transcribed afterward or take detailed notes. Section 36: Decision Decision 36(1) After a third party has been given an opportunity to make representations pursuant to clause 35(1)(b), the head shall, within 30 days after notice is given: (a) decide whether or not to give access to the record or part of the record; and (b) give written notice of the decision to the third party and the applicant. (2) A notice given pursuant to clause (1)(b) is to include: (a) a statement that the third party and applicant are entitled to request a review pursuant to section 38 within 20 days after the notice is given; and (b) in the case of a decision to give access, a statement that the application will be given access to the record or to the part of it specified unless, within 20 days after the notice is given, the third party requests a review pursuant to section 38. (3) Where, pursuant to clause (1)(a), the head decides to give access to the record or a specified part of it, the head shall give the applicant access to the record or the specified part unless, within 20 days after a notice is given pursuant to clause (1)(b), a third party requests a review pursuant to section 38 206 The “head” is defined at subsection 2(e) of The Local Authority Freedom of Information and Protection of Privacy Act.
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