Overview
The Protection of Privacy Act (POPA), and the Access to Information Act (ATIA) will replace the Freedom of Information and Protection of Privacy Act (FOIP Act) when they come into force. A significant change from the FOIP Act to ATIA and POPA is the calculation of time.
Under the FOIP Act, a “day” was calculated as a calendar day. Under ATIA and POPA, time calculation will change to a “business day” (rather than a “day”) as the base unit for time calculation.
The meaning of “business day” applies uniformly to all public bodies subject to ATIA and POPA. This ensures a consistent, practical and predictable time calculation.
Definition of “business day”
Sections 1(c) of ATIA, and 1(b) of POPA define a “business day” as follows:
“business day” means a day other than
-
- a Saturday
- a holiday, or
- a day when Government of Alberta offices are closed as part of the Government of Alberta’s Christmas closure;
“Saturday”
“Saturday” means Saturday.
“holiday”
A “holiday” is defined in section 28(1)(x) of the Interpretation Act as follows:
28(1)(x) “holiday” includes
(i) every Sunday,
(ii) New Year’s Day, Alberta Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day,
(iii) the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning sovereign,
(iv) December 26, or when that date falls on a Sunday or a Monday, then December 27,
(v) any day appointed by proclamation of the Governor General in Council or by proclamation of the Lieutenant Governor in Council for a public holiday or for a day of fast or thanksgiving or as a day of mourning, and
(vi) with reference to any particular part of Alberta, the day in each year that may by proclamation of the Lieutenant Governor in Council be appointed as a public holiday for that part of Alberta for the planting of forest or other trees;
These days specified in section 28(1)(x) of the Interpretation Act are excluded from a calculation of a “business day”.
“Government of Alberta’s Christmas closure”
The “Government of Alberta’s Christmas closure” will require annual calculation based on the day of the week on which December 25 occurs. Section 62.1(1) of the Public Service Employment Regulation sets out the applicable dates for the Government of Alberta’s Christmas closure as follows:
62.1 Entitlement for Christmas Closure
(1) “Christmas Closure will result in closure of government offices and non-continuous operations as outlined below:
(a) When Christmas Day falls on a Sunday, the Christmas closure will occur on December 29 and 30;
(b) When Christmas Day falls on a Monday, the Christmas closure will occur on December 28 and 29;
(c) When Christmas Day falls on a Tuesday, the Christmas closure will occur on December 27, 28 and 31;
(d) When Christmas Day falls on a Wednesday, the Christmas closure will occur on December 24, 30 and 31;
(e) When Christmas Day falls on a Thursday, the Christmas closure will occur on December 29, 30 and 31;
(f) When Christmas Day falls on a Friday, the Christmas closure will occur on December 29, 30 and 31;
(g) When Christmas Day falls on a Saturday, the Christmas closure will occur on December 29, 30 and 31;
Frequently Asked Questions concerning how to calculate business days
A “business day” as defined in s. 1(c) of ATIA and 1(b) of POPA is any calendar day, other than those specifically excluded in subsections (i) – (iii). Section 22 of the Interpretation Act establishes the rules for calculating time, including “business days” under ATIA or POPA. Some common questions are answered below.
Are weekends considered in a calculation of business days under ATIA or POPA?
No. Saturdays and Sundays are not considered business days. Saturdays are excluded under sections 1(b)(i) POPA and 1(c)(i) ATIA. Sundays are excluded as a ‘holiday’ under 1(b)(ii) POPA and 1(c)(ii) ATIA.
If a public body considers other days to be holidays (e.g. the National Day for Truth and Reconciliation or summer vacation days for some educational bodies) are those days also excluded from being considered a “business day”?
No. The only days that are not considered “business days” are those statutorily excluded under ATIA and POPA.
Is Christmas Eve (December 24) considered part of the Government of Alberta’s Christmas Closure?
It depends. Christmas closure dates will vary every year, depending on which day of the week Christmas (December 25) falls on. In a year where Christmas Day falls on a Wednesday, Christmas Eve will be considered part of the Christmas closure.
Will timelines for access requests made under the FOIP Act be calculated as “business days” once the FOIP Act is repealed and ATIA and POPA are in force?
No. A “business day” applies only to ATIA and POPA. Access requests under the FOIP Act will continue to be calculated as “days”. For questions relating to the transition from the FOIP Act to ATIA and POPA, see Practice Note – Transitional Provisions.