Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 169 In terms of legal decision-makers, The Children’s Law Act, 2020 provides for who would be a legal decision-maker for a child as follows: • The parents of a child are joint legal decision-makers with equal rights unless otherwise ordered in a court order or an agreement.286 • Where parents have not lived together after the birth of a child, the parent with whom the child resides is the sole legal decision-maker.287 • If a parent dies, the surviving parent is the legal decision-maker of that child unless changed by a court order or an agreement.288 If parents are separated, they both are still joint legal decision-makers unless changed by a court order or an agreement. In a court order, a judge can order that one parent is the sole legal decision-maker. In an agreement, one parent can give up his or her rights to be a joint legal decision-maker. In these instances, the head should ask for a copy of the court order or agreement and identify the clause that deals with legal decision-making.289 A parent’s girlfriend, boyfriend or new spouse has no rights unless it has been directed in a court order or dealt with in an agreement.290 If a stepparent is a legal decision-maker, then he or she will have the same rights and responsibilities as any other legal decision-maker. In demonstrating that an applicant is the legal decision-maker for purposes of subsection 59(d) of FOIP, the applicant could provide a copy of: • A custody order. • A copy of an agreement dealing with the legal decision-makers for the child. • Other evidence that would be considered reliable and appropriate in the circumstances (e.g., a statutory declaration may suffice in some cases or a copy of documentation showing the child is in the care of the Minister).291 The government institution should also verify the individual’s identity (e.g., photo identification). 2. Access to the information would not be an unreasonable invasion of the personal privacy of the minor. 286 The Children’s Law Act, 2020 [S.S., 2020], s. 3(1). 287 The Children’s Law Act, 2020 [S.S., 2020], s. 3(2). 288 The Children’s Law Act, 2020 [S.S., 2020], s. 4(1). 289 SK OIPC Blog, Who Signs for a Child, February 15, 2018. 290 SK OIPC Blog, Who Signs for a Child, February 15, 2018, Investigation Report 101-2016 at [22]. 291 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2 at p. 38.
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