Guide to LA FOIP-Chapter 2

Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 9 Section 50: Delegation Delegation 50(1) A head may delegate to one or more officers or employees of the local authority a power granted to the head or a duty vested in the head. (2) A delegation pursuant to subsection (1): (a) is to be in writing; and (b) may contain any limitations, restrictions, conditions or requirements that the head considers necessary. Delegation means entrusting someone else to act in one’s place.9 Only the head of a local authority has the power to delegate some or all of the head’s powers under LA FOIP to one or more officers or employees of the local authority. The delegation should: • Be in writing. • Contain any limitations, restrictions, conditions, or requirements the head considers necessary. The head, for purposes of LA FOIP, includes the mayor, reeve or chairman of the local advisory committee or the chairperson of the governing body or the individual designated as the head by the governing body of the local authority.10 Here are some important things regarding a delegation: • The delegation should identify the position, not the individual, to which the powers are delegated. When delegation is to the position, a new delegation is not required when a new appointee assumes the position. • The delegation can cover a wide variety of duties, powers, and functions. • It remains in effect until replaced by an updated version. 9 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 10 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1 at s. 2(e).

RkJQdWJsaXNoZXIy MTgwMjYzOA==