Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 162 (e) by any person with written authorization from the individual to act on the individual’s behalf. Section 59 of FOIP provides that another person, under specific circumstances, may exercise any right or power under FOIP that is conferred on an individual. Subsection 59(a) Exercise of rights by other persons 59 Any right or power conferred on an individual by this Act may be exercised: (a) where the individual is deceased, by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate; Subsection 59(a) of FOIP provides that where an individual is deceased, the individual’s personal representative can exercise the deceased individual’s rights or powers under FOIP provided it relates to the administration of the deceased individual’s estate. For this provision to apply, the applicant must meet two requirements: 1. Proof of the right to act as the personal representative is required. A personal representative would be someone appointed by the court as Executor or Executrix or Administrator of an estate.269 Proof could include a copy of the signed and attested document naming the representative to act in matters related to the individual’s estate such as copies of a will or letters of administration. 269 SK OIPC Review Reports H-2006-001 at [12], LA-2009-002/H-2009-001 at [81], 098-2015 at [14].
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