Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 90 (4) In the calculation of time expressed as a number of clear days, weeks, months or years or as “at least” or “not less than” a number of days, weeks, months or years, the first and last days are excluded. (5) A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday. (6) A time limit for registering or filing documents or for doing anything else that falls or expires on a day on which the place for doing so is not open during its regular hours of business is extended to include the next day the place is open during its regular hours of business.213 Based on this, the following can be applied for calculating “within 30 days after the notice is given” under LA FOIP: • The first day the notice is sent is excluded in the calculation of time [s. 2-28(2)]. • If the due date falls on a holiday, the time is extended to the next day that is not a holiday [s. 2-28(5)]. • If the due date falls on a weekend, the time is extended to the next day the office is open [s. 2-28(6)]. • As LA FOIP expresses the time in a number of days, this is interpreted as 30 calendar days, not business days. The Legislation Act does not allow for additional time for personal holidays, scheduled days off or if staff are away from the office due to illness.214 IPC Findings In Review Report 082-2019, 083-2019, the Commissioner considered whether the Ministry of Health (Health) met the timelines required by the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP) (subsection 37(1)). The Commissioner noted that the section 37 notice was provided past the extended 60-day deadline. The section 7 decision should have already been provided to the applicant by the time the section 37 213 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 214 SK OIPC Blog, The Interpretation Act, 1995 – Things to Know, June 7, 2017. The Legislation Act replaced The Interpretation Act, 1995. It came into force on May 15, 2019.
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