Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 284 Subsection 38(2): 1 Year Deadline Application for review 38(2) An applicant or individual may make an application pursuant to subsection (1) within one year after being given written notice of the decision of the head or of the expiration of the time mentioned in clause (1)(b). Subsection 38(2) of LA FOIP provides that applicants may make a request for review to the Commissioner within one year after being given written notice of the decision of the local authority. Subsection 2-28(3) of The Legislation Act, provides that the first day is excluded in the calculation of time.719 In addition, if the due date falls on a holiday, the due date falls on the next day that is not a holiday.720 If an applicant did not receive a response from the local authority, the applicant has one year from the 30th day under which the local authority was deemed to have responded pursuant to subsection 7(5) of LA FOIP. Section 39: Review or refusal to review There are several provisions under section 39(2) of LA FOIP for which the Commissioner can decide to refuse or discontinue a review or investigation. As Chapter 6 focuses on privacy of personal information, only the provision relevant has been reproduced here. For more on section 39, see Guide to LA FOIP, Chapter 3: “Access to Records”, Section 39. 719 Subsection 2-28(3) of The Legislation Act, SS 2019, c L-10.2 provides “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”. 720 Subsection 2-28(5) of The Legislation Act, SS 2019, c L-10.2 provides “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”.
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