Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 11 The FOIP Coordinator or Privacy Officer normally prepares the delegation and submits it to the head for approval.19 It is important that all delegated officers or employees know and understand their delegated responsibilities. It is also important that others in the organization understand that only those with delegated responsibilities under FOIP should be carrying out those duties and functions.20 If the individual with delegated authority is not actually making the decisions that they were delegated to make, the delegation is not being properly utilized.21 In other words, in order to be a true delegation, the individual needs to actually be given the authority to make the decisions as per the delegation. As noted earlier, the head of a government institution may delegate some or all of the head’s powers under FOIP. Even with a delegation, the head may retain certain powers and make certain decisions. There may be instances where there is no written delegation, but another Minister or Deputy Minister could act on behalf of the Minister (the head). The Legislation Act provides: 2-34(1) If an enactment directs or empowers a minister of the Crown to do an act or thing, or otherwise applies to the minister by the minister’s name of office, a reference in that enactment to the minister includes: (a) another minister acting for the minister; (b) if the office of the minister is vacant, a minister designated to act in the office; (c) the successor in the office of the minister; and (d) the minister’s deputy minister or a person acting as deputy minister.22 For more assistance on the delegation of powers, see Guidance for Delegation Powers, issued by the former Access and Privacy Branch with the Ministry of Justice and Attorney General. 19 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 27. 20 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 28. 21 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, p. 29. 22 The Legislation Act, SS 2019, c L-10.2 at s. 2-34.
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