Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 92 • Include information about the third party’s right to request a review by the Commissioner within 20 days of the notice of decision being given pursuant to section 38 of LA FOIP. • State that the applicant will be given access within 20 days from when the notice of decision is given unless a review is requested by the third party.215 For a sample model letter216 see the Ministry of Justice, Access and Privacy Branch’s sample titled, 16 Notification to Third Party Under Section 36 – Decision of Local Authority – LA FOIP and 17 Notification to Applicant under section 37 – Decision of Local Authority – LA FOIP. Third parties should not be told who the applicant is at any point in the process.217 Subsection 36(2)(a) Decision 36(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 … The notice of decision should contain the following elements: 1. A statement that the third party and the applicant are entitled to request a review by the Commissioner pursuant to section 38 of LA FOIP within 20 days after the notice of decision is given (s 36(2)(a)); and 2. …[see s. 36(2)(b) below] 215 Adapted from 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. 216 For other samples of model letters by the Access and Privacy Branch, Ministry of Justice see publications. Saskatchewan.ca/#/categories/340. 217 Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency), 2006 FC 1075 (CanLII) at [13] and [19].
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