Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 174 to [section 46 of LA FOIP]. Part VI of LA FOIP does not in any way contemplate that, on an appeal to the Court of King’s Bench, parties can raise any and all provisions of the Act that bear on the question of whether the record in issue may be released. The system of the Act offers no room for a direct appeal to the Court of King’s Bench from the decision of a head, i.e., an appeal that circumvents the application to the Commissioner for a review.302 Section 49: Exercise of Rights by Other Persons Exercise of rights by other persons 49 Any right or power conferred on an individual by this Act may be exercised: (a) where the individual is deceased, by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate; (b) where a personal guardian or property guardian has been appointed for the individual, by the guardian if the exercise of the right or power relates to the powers and duties of the guardian; (c) where a power of attorney has been granted, by the attorney if the exercise of the right or power relates to the powers and duties of the attorney conferred by the power of attorney; (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 (e) by any person with written authorization from the individual to act on the individual’s behalf. Section 49 of LA FOIP provides that another person, under specific circumstances, may exercise any right or power under LA FOIP that is conferred on an individual. 302 Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII) at [41] and [47] Although this matter dealt with The Freedom of Information and Protection of Privacy Act, it is relevant as substantially similar provisions can be found in LA FOIP.
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