Steps to Processing an Access to Information Request

Guidelines

This flowchart has been developed for organizations to help guide them in the basic steps to processing an access to information request including timelines, fee considerations, search, preparation and response.

Steps to Processing an Access to Information Request

1. Access to Information Request submitted by an Applicant

  • Log date and how the access to information (ATI) request was received—create a file.
  • Collect $20 application fee for LA FOIP requests unless waived.
    30 calendar day clock starts tomorrow!
  • Review the resource Duty to Assist to better understand the role of public bodies (government institutions or local authorities) in processing an ATI request.
  • Consider any request for a fee waiver.
  • Transfer request within 15 days, if appropriate (see section 11 of FOIP/LA FOIP).
  • If necessary, work with applicant to clarify or narrow scope of the request; see Ch. 3 Guide to FOIP or LA FOIP.

2. Verify & Estimate

  • Verify Applicant’s identity, if necessary.
  • Develop search strategy; start estimating number of responsive records.
  • If applicable, generate a fee estimate (section 9(3) of FOIP/LA FOIP), send to the Applicant within 3-10 days.
    30 calendar day clock stops until 50% of fee estimate is paid by Applicant

3. Search for Records

  • Once 50% deposit is paid by Applicant, 30 calendar day clock and search efforts resume.
  • Retrieve records and document every step taken to find responsive records. See OIPC’s Responsive Records Search Checklist.
  • Determine if an extension of the 30-day response time is necessary; if yes, advise the applicant right away.

When is an extension applicable under section 12 FOIP/LA FOIP?

  • Fulfilling the request unreasonably interferes with regular operations due to a large record, extensive search or numerous other ATI requests.
  • External consults needed.
  • Third party notice needed under section 34 FOIP and 33 LA FOIP —see Ch. 5 Guide to FOIP or LA FOIP.

4. Prepare the Records

  • Gather and review all records, if any exist.
  • See Ch. 4 Guide to FOIP or LA FOIP for guidance on applying exemptions.
  • Sever the records accordingly if applying exemptions.
  • Paginate the record and create sequential severances on each page.
  • Create an index of records to show how severances line up with each page of the record, the exemption(s) that have been applied, and a description of each type of
    record.
  • Specify where pages are fully withheld under certain exemptions and also severed under different exemptions.

5. Determine your Response (section 7 decision)

  • Determine the appropriate section 7 response; utilize standard templates in drafting response.
  • Prepare to send copies of index of records & any records released in full or in part in format requested by applicant.
  • If applicable, indicate fee owing in the decision letter.
  • Send decision letter to Applicant and any engaged third party, collect remaining fee (if applicable), provide copy of index and release records, if applicable.
  • Retain copies of all documents and correspondence on file.

Issue section 7 decision letter within 30 calendar days or 60 calendar days if extension applied

Request for Review

  • If an applicant is dissatisfied, they can request a review by OIPC of a public body’s decision under section 49 of FOIP or 38 of LA FOIP.
  • Third parties can also request a review in certain cases.
  • In the event of a review, you will be notified directly by OIPC.

Need further information?

Check out OIPC’s other resources including Best Practices for Responding to Access Requests, and sample Access to Information Operational Policy & Checklist.
Need further assistance? Contact our office directly at 306-787-8350 or intake@oipc.sk.ca for general and process related inquiries.

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