Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 87 (4) A head who fails to give notice pursuant to clause (1)(b) is deemed to have given notice, on the last day of the period set out in subsection (1), of a decision to refuse to give access to the record. Local authorities are required to decide whether or not to give access to all or part of the third party information within 30 days after the section 33 notice to the third party was given. The section 36 notice of decision is to be given to both the third party and the applicant. 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.207 Generally, there are three types of third party responses: • No Response: If no response is received within 20 days after the notice to the third party is given, the local authority decides, based on the information available, whether to release the information or not. • Consent to disclosure of information: If the third party responds by consenting in writing to disclosure of information, the local authority should disclose the information unless another one of the Act’s exemptions applies. • Representations about why information should not be disclosed: If the third party makes representations on why the information should not be disclosed, the local authority shall consider these representations in reaching a decision on access. o The third party’s representations may address only issues related to the applicability of section 18 or subsection 28(2)(n) of LA FOIP. Representations related to other exemptions must not be considered by the head in reaching a decision on access.208 207 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. 208 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.
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