Section 45 response-LA FOIP-template

Office of the Saskatchewan Information and Privacy Commissioner. Sample Section 45 Decisions for Local Authorities. 15 April 2025. 11 SAMPLE LETTER – to third party (notice not previously provided pursuant to subsection 33(1) of LA FOIP) [Date] [Third party’s name and address] Dear [Third party]: Re: Notice of decision regarding [Name of review or investigation report] I am writing to advise you that the Office of the Information and Privacy Commissioner (IPC) issued [insert name of review report] on [insert date report issued]. The review involved records regarding your organization and the IPC’s recommendation regarding those records. As required by section 45 of LA FOIP, I am writing to notify you of our decision regarding these recommendations as follows: • [Enter recommendation # and recommendation] [If the decision is to continue to withhold, no reasons are required for the decision]. [If the decision is to release, provide reasons for this decision. Attach a copy of the responsive record and highlight the portion that the head intends to release]. <Repeat for each recommendation made> Pursuant to subsection 46(1) of LA FOIP, the applicant and any third party may appeal the decision of the head of [insert name of local authority] to the Court of King’s Bench. As a third party in this matter, you have 30 calendar days from the date of this letter to appeal to the Court of King’s Bench. If the applicant (or another third party) appeals to the Court, my office will notify you pursuant to section 46 of LA FOIP. [<if the decision is to release the record, include the following> The redacted record will be released to the applicant if the 30-day period to appeal expires, and you have not appealed to the Court of King’s Bench. The 30-day appeal period expires on <insert date>, so please advise us on or before that date if you intend to appeal this decision. If we do not receive a response from you, the head of <insert local authority> will release the record to the applicant the following day, or on <insert date>]. If you have any questions, please contact me prior to [insert date that the notice of appeal is due].

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