Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 11 IPC Findings In Review Report LA-2013-004, the Commissioner clarified for the Northern Village of Pinehouse, that the designation of the Mayor as “head” is a statutory provision designed to ensure accountability to the public. The Mayor had power to designate someone else as the head, although the Mayor was permitted to delegate some or all of the duties to another by reason of section 50 of LA FOIP.16 In Review Report LA-2014-001, the Commissioner recommended to the Village of Killaly that, within 15 days of the Commissioner’s report, it clarify whether the Mayor would retain responsibility for LA FOIP or if some or all responsibility would be formally delegated to other officers of the Village pursuant to section 50. The Commissioner also noted that it appeared that the Village was laboring under the misapprehension that it was the Village Council that was vested with responsibility for LA FOIP compliance. The Commissioner clarified that it was the Mayor who was the designated “head” for all purposes of LA FOIP unless there was evidence of a section 50 delegation. Notices Required by LA FOIP LA FOIP contains requirements for giving various types of notices to persons. For example, section 7 of LA FOIP provides that the head shall give written notice of its decision regarding access to an applicant within 30 days after an application is made. The following are notices required to be provided by local authorities. This list does not include other obligations to inform: • Section 7 notice of the head’s decision regarding access is to be provided to an applicant within 30 days after an application is received by a local authority. • Subsection 7.1(2) notice is to be provided to applicants when applications are deemed abandoned. • Subsection 11(1)(b) notice is to be provided to applicants when a record responsive to an access request is transferred to another local authority or government institution for processing. • Subsections 12(2) and (3) require a notice to be provided to applicants when the head extends the 30-day response time. Notice of the extension is to be given within 16 SK OIPC Review Report LA-2013-004 at [25].
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