Office of the Saskatchewan Information and Privacy Commissioner. What to Expect During a Review With the IPC. Updated September 2024. 5 5. If early resolution between the parties is not possible, IO sends a notice of the review to all parties – applicants, public bodies/trustees and third parties (see Notice). 6. Note that if a public body/trustee releases new responsive records to an applicant, they should advise the IPC regardless of the stage of the review process. 7. If a public body claims a third-party exemption (subsection 19(1) of FOIP or subsection 18(1) of LA FOIP), the third party is entitled to make representation to the IPC regarding the records that engage their interests. In this case, the IO will ask the public body for the third party’s contact information and also ask the public body to notify the third party of the review pursuant to subsection 52(1) of FOIP or subsection 41(1) of LA FOIP, as detailed in item 10. Once the third party contact information has been received and all other relevant information is received, the IO will prepare and send notice of the review to all parties. Notice of the Review 8. IO sends the notice of review (usually by email) to all parties (i.e., applicant, public body/trustee and any known third parties) once early resolution efforts cease. At this stage, the IO assigns the file to an Analyst who then becomes the point of contact for all parties. For reviews requested pursuant to section 49 of FOIP and section 38 of LA FOIP, the materials public bodies are required to provide may differ. For example, a review of the refusal to grant access to records will require the public body to provide the Analyst with both a clean (non-severed) and a severed copy of the record in question or preferably, a red-lined version of the record. If a review is only about a public body’s search efforts or other procedural issue, a copy of the record is not typically required. The notice will advise what the public body is required to provide the Analyst at the time it is provided, but later the Analyst may ask for additional information or materials. For guidance on what may be required by the IPC in the different types of reviews, including tests that can be applied, see Chapter 3 and Chapter 4 in the Guide to FOIP, and Chapter 3 and Chapter 4 in the Guide to LA FOIP. See also Using Affidavits in a Review with the IPC for information on when it may be appropriate to use an affidavit in a review and what the IPC requires in an affidavit. 9. Reviews requested pursuant to section 42 of HIPA more frequently involve access denied but can involve an investigation of any potential contravention of HIPA. A submission includes the trustee’s arguments and applicable materials (e.g., copy of records). The notice will advise what the trustee is required to provide the Analyst at the time it is provided, but later the Analyst may request additional information or materials.
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