Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 168 Subsection 59(d) Exercise of rights by other persons 59 Any right or power conferred on an individual by this Act may be exercised: … (d) where the individual is less than 18 years of age, by the individual’s legal custodian in situations where, in the opinion of the head, the exercise of the right or power would not constitute an unreasonable invasion of the privacy of the individual; or Subsection 59(d) of FOIP provides that the legal custodian of a minor (less than 18 years of age), can exercise the minor’s rights and powers under FOIP, provided it would not constitute an unreasonable invasion of the minor’s privacy. A person reaches 18 years immediately at the beginning of the relevant anniversary of the person’s date of birth.282 For this provision to apply, two requirements must be met: 1. The applicant must demonstrate the right to act as the legal decision-maker. Legal decision-maker means the person having lawful decision-making responsibility with respect to a child.283 A child means a person who: (a) is under 18 years of age (b) has never married284 Legal decision-maker is not necessarily always the parent of the minor. A legal decisionmaker can be a birth parent, an adoptive parent, a stepparent, the Minister, a foster parent or a legal decision-maker appointed under an agreement.285 282 Subsection 2-28(10) of The Legislation Act, SS 2019, c L-10.2 provides “A person reaches a particular age expressed in years at the beginning of the relevant anniversary of the person’s birth date.” 283 The Children’s Law Act, 2020 [S.S., 2020], s. 2(1). 284 The Children’s Law Act, 2020 [S.S., 2020], s. 2(1). 285 Schirr Q.C., Darcia, Legal Issues on Consent and Counselling of Minors at p. 3. Available at: https://sasw.in1touch.org/document/4522/Consent%20when%20Counselling%20with%20Minors%20S chirr.pdf.
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