Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 95 Subsection 36(3) Decision 36(3) Where, pursuant to clause (1)(a), the head decides to give access to the record or a specified part of it, the head shall give the applicant access to the record or the specified part unless, within 20 days after a notice is given pursuant to clause (1)(b), a third party requests a review pursuant to section 38. Subsection 36(3) of LA FOIP provides that if the local authority decides to give access to the record, it must do so within 20 days after notice is given unless the third party requests a review pursuant to section 38 of LA FOIP. The local authority should contact the IPC to determine whether a request for review has been submitted. Contact intake@oipc.sk.ca to request this information. If the review requested by a third party affects only some of the records proposed for disclosure, the local authority should release the remainder of the records to the applicant, unless they are subject to other exemptions at which point the applicant may want a review of those exemptions also.222 For calculating “20 days after a notice is given”, The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time: 2-28(1) A period expressed in days and described as beginning or ending on, at or with a specified day, or continuing to or until a specified day, includes the specified day. (2) A period expressed in days and described as occurring before, after or from a specified day excludes the specified day. (3) A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens. 222 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 222.
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