Office of the Saskatchewan Information and Privacy Commissioner. Sample Section 45 Decisions for Local Authorities. 15 April 2025. 2 Introduction When the Commissioner issues a review or investigation report (report) of his or her findings and recommendations pursuant to section 44 of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP), the head of the local authority must decide pursuant to section 45 of LA FOIP if they will or will not follow the Commissioner’s recommendations. This written notice is referred to as the head’s “section 45 decision,” and the head is required to provide this notice to both the applicant or individual (complainant) and to the Commissioner (and third party if required). This resource will guide local authorities on how to prepare a written notice to an applicant or complainant pursuant to section 45 of LA FOIP. Section 44 of LA FOIP 44(1) On completing a review or investigation, the commissioner may prepare a written report setting out the commissioner’s recommendations with respect to the matter and the reasons for those recommendations. (2) If a report is prepared pursuant to subsection (1), the commissioner shall forward a copy of the report to the head and, if the matter was referred to the commissioner by: (a) an applicant or individual, to the applicant or individual and to any third party notified by the head pursuant to section 41; and (b) a third party, to the third party and to the applicant. (3) In the report mentioned in subsection (1), the commissioner may make any recommendations with respect to the matter under review or investigation that the commissioner considers appropriate. Applicants can request that the Commissioner review a local authority’s decision to deny access to a record, deny a correction request, or on a procedural issue such as a late response or a fee estimate. A complainant who was affected by a local authority’s privacy breach can request that the Commissioner review or investigate the local authority’s response to the breach. After completing a review or an investigation, the Commissioner may issue a public report. The report will include the Commissioner’s findings and recommendations. If the Commissioner completes a report, it is provided to each party to review or investigate prior to the report becoming publicly available via posting to the Commissioner’s website, usually within 7 days.
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