Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 175 Subsection 49(a) 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; Subsection 49(a) of LA FOIP provides that where an individual is deceased, the individual’s personal representative can exercise the deceased individual’s rights or powers under LA FOIP provided it relates to the administration of the deceased individual’s estate. For this provision to apply, the applicant must meet two requirements: 1. Proof of the right to act as the personal representative is required. A personal representative would be someone appointed by the court as Executor or Executrix or Administrator of an estate.303 Proof could include a copy of the signed and attested document naming the representative to act in matters related to the individual’s estate such as copies of a will or letters of administration. IPC Findings In Review Report F-2006-001, copies of the Letters of Administration from a law firm were determined to be sufficient in demonstrating that the law firm’s client (mother of the deceased) was acting as the personal representative of two deceased persons.304 2. Proof that disclosure of the requested information is necessary for purposes of administering the deceased’s estate. LA FOIP does not permit a personal representative to access information for all purposes, but only those relating to the administration of the estate. 303 SK OIPC Review Reports H-2006-001 at [12], LA-2009-002/H-2009-001 at [81], 098-2015 at [14]. 304 SK OIPC Review Report F-2006-001 at [103] to [106].
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