Office of the Saskatchewan Information and Privacy Commissioner. Sample Section 45 Decisions for Local Authorities. 15 April 2025. 5 (5) The commissioner shall not be a party to an appeal. Section 46 of LA FOIP provides that within 30 days of receiving the head’s decision, an applicant/complainant or a third party can appeal the decision to the Court of King’s Bench if they are not satisfied with the decision. A list of appeals that applicants or complainants have undertaken can be found on the IPC website here: Court Cases. An applicant/complainant or third party can launch an appeal of the head’s decision by submitting an Originating Application to the Court of King’s Bench. The applicant/complainant or third party that launches an appeal is responsible for serving the local authority with the Originating Application once it is filed with the Court. For more information, see Guide to Appealing the Decision of a Head. The Commissioner and his or her office is not party to an appeal. Note on Third Parties in an Appeal If the head refuses to grant access to a record or part of a record and receives a notice of appeal from an applicant, then the head is required to provide notice to any third party they notified pursuant to subsection 33(1) of LA FOIP (or would have notified had they intended to grant access). If a head intends to grant access to a third party’s information and the third party provides the head with a notice of appeal regarding that decision, the head is required to provide notice to the applicant of the third party’s appeal.
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