Office of the Saskatchewan Information and Privacy Commissioner. What to Expect During a Review With the IPC. Updated September 2024. 10 each individual date. 5. Where emails have attachments, a public body should list and identify them and describe them in the index of records. Preparing a Submission A submission informs the Commissioner of the public body’s/trustee’s main arguments and presents supporting information to make its case with respect to its position. The burden of proof in establishing that access to a record may or must be refused or granted rests with the head (section 51 of LA FOIP and section 61 of FOIP) or the trustee (section 47 HIPA). The burden is the obligation of the head or trustee (or delegate) to make their case as to why access should be refused. A submission is an opportunity to inform the Commissioner about the case and to persuade the Commissioner of the head’s or trustee’s position. This requires information and evidence to establish facts upon which the Commissioner will base his decision. For information on preparing a submission, see the following resources on IPC’s website: • A Guide to Submissions– helps public bodies/trustees in preparing a successful submission. • IPC Guide to FOIP – a reference tool for the application of FOIP; it is designed to assist government institutions that are subject to FOIP. • IPC Guide to LA FOIP – a reference tool for the application of LA FOIP; it is designed to assist local authorities that are subject to LA FOIP. • The Rules of Procedure – sets out the rules of procedure for reviews of complaints under section 49 of FOIP, section 38 of LA FOIP and section 42 of HIPA. • Using Affidavits in a Review with the IPC – how to prepare a statement under oath that public bodies/trustees can use to support their case. See also FORM B: Affidavit of Records pages 43 & 44 of Rules of Procedure. Note: the IPC has available a secure file transfer that can manage large files. Public bodies or trustees can ask the IO or Analyst for a link to the secure file transfer through which the public body or trustee may directly forward its documentation.
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