Guide to FOIP-Chapter 2

Overview	4
Minister of Justice and Attorney General – Roles & Responsibilities	5
Minister’s Annual Report	5
Ministry of Justice and Attorney General	7
Government Institutions – Roles & Responsibilities	7
Head of a Government Institution	9
The FOIP Coordinator or Privacy Officer	10
Section 60: Delegation	12
Notices Required by FOIP	15
Routine Disclosure & Active Dissemination	17
Proactive Reporting of Privacy Breaches	18
Information & Privacy Commissioner - Roles & Responsibilities	20
Section 33: Privacy Powers	21
Section 38: Appointment	23
Section 44: Oath or Affirmation	24
Section 46: Confidentiality	25
Section 45: General Powers of Commissioner	27
Section 45.1: Power to Authorize a Government Institution to Disregard Applications or Requests	28
Section 47: Non-compellability	29
Section 50: Refusal to Review	30
Section 53: Conduct of Review	31
Section 54: Powers of Commissioner	33
Section 55: Report of Commissioner	34
Section 62: Annual Report	36
Procedural Fairness	36
Court of King’s Bench - Roles & Responsibilities	38
Section 57: Appeal to Court	38
Section 58: Powers of Court on Appeal	40
Section 61: Burden of Proof	45
Standard Required to Meet Burden of Proof	45
Who has the Burden of Proof	48
Affidavit Evidence	50
Offences & Penalties	51
Section 66: Proceedings Prohibited	51
Section 67: Immunity from Prosecution	52
Section 68: Summary Offences	53
Privacy and Access Offences	56
Not Cooperating with the Commissioner	57

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