Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 88 Local authorities can combine a section 7 decision with the section 36 notice to an applicant.209 This is an efficient way to meet the timelines imposed by LA FOIP. For more on section 7 responses, see the Guide to LA FOIP, Chapter 3: “Access to Records”. Subsection 36(1)(a) 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 The local authority must decide whether to withhold or release the third party information within 30 days of having given its section 33 notice to the third party. However, if a third party consented to disclosure of the third party information, the information or record should not be withheld unless another exemption applies to it. The local authority should consider all exemptions to disclosure within the Act, not just section 18(1) of LA FOIP. 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 to assist the local authority by providing additional information and context to aid the local authority’s decision-making.210 The decision to withhold information must always be in accordance with the Act and the local authority has the burden of proof in demonstrating to the Commissioner that the exemption applies (see section 51 of LA FOIP or the Guide to LA FOIP, Chapter 2: “Administration of LA FOIP” under the heading Burden of Proof for more guidance). 209 SK OIPC Review Report 082-201-, 083-2019 at [12] to [17] and [121]. 210 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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