Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 10 • Be in writing. • Contain any limitations, restrictions, conditions or requirements the head considers necessary.15 The head, for purposes of FOIP, includes the member of the Executive Council responsible for the administration of the agency (i.e., Minister, President/CEO).16 Here are some important things regarding a delegation: • The delegation should identify the position, not the individual, to which the powers are delegated. When delegation is to the position, a new delegation is not required when a new appointee assumes the position. • The delegation can cover a wide variety of duties, powers and functions; • It remains in effect until replaced by an updated version. • It is important to review the delegation periodically for any changes that may be needed, especially if the government institution is restructured or part of the government institution is transferred to another government institution. • The delegation should specifically refer to handling access to information requests including the processing of requests and the power to make decisions whether or not to disclose all or part of a record. • A delegation relating to the handling of privacy can be more general and center on the delegated responsibility for collection, handling and protection of personal information. • Delegated authority empowers certain officials and employees to make decisions or act. • In general, delegation should be considered for all provisions of FOIP that state that the head may or must do something.17 • The person delegating the authority remains responsible and accountable for all actions and decisions made under that delegation.18 15 The Freedom of Information and Protection of Privacy Act, S.S. 19901-91, c. F-22.01 at s. 60(2)(a) and (b). 16 The Freedom of Information and Protection of Privacy Act, S.S. 19901-91, c. F-22.01 at s. 2(1)(e). 17 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 27. 18 “Delegate” British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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