7 Office of the Saskatchewan Information and Privacy Commissioner. The Rules of Procedure. Effective 1 Dec. 2018. Updated 16 Aug. 2023. 2-7 Index of Records (1) The index of records provided by the public body shall include but is not limited to the following information: • Page number and sequential severance numbers. • The section or subsection numbers of the exemptions claimed for that record. • A general description of the record such as a letter, email, memo, note, agreement indicating who it was from, who it was sent to and the date. A sample of the index of records is contained in Form A. (2) The commissioner’s office will not provide a copy of the index of records to the applicant unless the public body agrees to its release. The commissioner’s office will ask the public body whether it wishes to share the index of records with other parties. 2-8 Contents of a Representation (1) A representation should include but is not limited to the following for each exemption relied on in the head’s decision or issue under review: (a) Refer to the exemptions that has been applied by section, subsection, clause and subclause. (b) List the record number, page numbers and redaction or severance numbers that the exemption applies to (group pages if the records are similar). (c) Refer to the applicable test(s) from the Guide to FOIP for that exemption. (d) Refer to the applicable test(s) from the Guide to LA FOIP for that exemption. (e) Provide positions for each part of the test and link these to the information in the record. (f) Provide any further materials necessary to support its position (i.e., affidavits, cases, reports, contracts, screen shots). (g) Provide reasons or justifications for the head’s decision regarding the issue in question including records do not exist, searches, possession or control, fees, waiver of fees, time extensions, transfers, manner of access or correction decisions. (2) Applicants, third parties and public bodies are encouraged in their representation to follow the tests, criteria and principles set out in the Guide to FOIP or Guide to LA FOIP. In addition, cite relevant court cases and decisions from Saskatchewan or other commissioners or ombudsmen across Canada who are responsible for overseeing access and privacy legislation in other jurisdictions.
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