Office of the Saskatchewan Information and Privacy Commissioner. Sample Section 45 Decisions for Local Authorities. 15 April 2025. 3 Section 45 of LA FOIP 45 Within 30 days after receiving a report of the commissioner pursuant to subsection 44(1), a head shall: (a) make a decision to follow the recommendation of the commissioner or any other decision that the head considers appropriate; and (b) give written notice of the decision to the commissioner and the persons mentioned in subsection 44(2). Within 30 days of the Commissioner issuing his or her report, the head of the local authority concerned has 30 calendar days to provide their written decision regarding any recommendations the Commissioner has made. The head is required to provide notice of their decision to any applicant, complainant or third party involved in the review. Calendar days are used (see section 2-28 of The Legislation Act). A decision can be provided by email or letter but needs to be in writing. One administrative rule is that decision-makers are usually expected to give reasons for their decision. If the head decides to follow the Commissioner’s recommendation, then there is no need to give reasons for complying with the recommendation. On the other hand, if the head decides to not comply with the recommendation, then the head in their decision should give reasons for not complying. The head should also consider the exercise of discretion when releasing records and issuing a section 7 decision. The head should also consider the exercise of discretion when responding to the Commissioner’s recommendations in a review. Some considerations include: • The general purpose of LA FOIP; the principal that information should be made available to the public; the principle that individuals have a right of access to personal information about themselves. • The wording of discretionary exemptions and the interest which the exemption attempts to protect or balance, including public safety. • Whether the applicant’s request can be satisfied by severing the record and providing as much information as possible. • The local authority’s historical practice of releasing similar types of information. • The nature of the record and the extent to which it is sensitive to the local authority. • Whether disclosure will increase public trust and confidence in the operation of the local authority. • The age of the record. • If there is a compelling need to release the information. • If the Commissioner’s recommendations have ruled that similar types of information should be released. In an investigation, some considerations include: • The nature of the privacy breach.
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