Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 94 Subsection 36(2)(b) Decision 36(2) A notice given pursuant to clause (1)(b) is to include: … (b) in the case of a decision to give access, a statement that the applicant 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. The notice of decision should contain the following elements: 1. ...[see s. 36(2)(a) above] 2. where the decision is to permit access, a statement that the applicant will be given access (and what portions will be given) within 20 days after the notice of decision is given, unless the third party requests a review by the Commissioner pursuant to section 38 of LA FOIP (s 36(2)(b)). The 20-day time period for a local authority to release the third party information begins on the day after the section 36 notice of decision is sent (i.e., the day after the local authority sends the notice, the clock starts), not the date the third party receives it. The date on which the notice of decision is sent should be marked on the notice indicating posting or electronic transmission (e.g., the postmark for regular mail, the transmission date for email or facsimile). Local authorities should choose a delivery method that ensures that notice is given promptly (e.g., courier, email, or priority post).220 If the third party has consented to the release of the third party information, the local authority should release the information unless another exemption in the Act applies to it. For a sample model letter221 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. 220 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216. 221 For other samples of model letters by the Access and Privacy Branch, Ministry of Justice see publications. Saskatchewan.ca/#/categories/340.
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