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. 5 Protection of Privacy Regulations provides that boards established pursuant to The Municipalities Act qualify as local authorities. Finally, the Commissioner found that the Potash Corp Rocanville Community Hall Committee was a committee of the Rocanville Parks and Recreation Board via bylaw and it did not fit under the definition of a local authority at subsection 2(f) of LA FOIP. As such, the Commissioner found that it was not a stand-alone local authority but rather a committee within a local authority, that being the Rocanville Parks and Recreation Board. Head of a Local Authority Interpretation 2 In this Act: … (e) “head” means: (i) in the case of a municipality, the mayor, reeve or chairperson of the local authority committee, as the case may be; (i.1) in the case of a police service, the chief as defined in The Police Act, 1990; or (ii) in the case of any other local authority (A) the chairperson of the governing body of the local authority; or (B) the individual designated as the head by the governing body of the local authority; The head of each local authority is responsible for all decisions made under LA FOIP that relate to that local authority. It would be difficult and perhaps ineffective to have an entire local authority accountable. Therefore, accountability rests with the “head” of the local authority. Subsection 2(e) of LA FOIP defines the “head” of a local authority. The head is generally the mayor, reeve, chairperson of the local authority committee, chief of police or chairperson of the governing body of the local authority. The head of a local authority can delegate some or all of the responsibilities to another individual. Such delegation should be done in compliance with section 50 of LA FOIP. For more on delegation, see Section 50: Delegation, later in this Chapter.

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