Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 178 2. Proof that disclosure of the requested information relates to the powers and duties of the guardian. The court determines what matters come under the authority of the personal or property guardian. Section 15 of The Adult Guardianship and Co-decision-making Act provides several matters that can fall under the authority of an appointed personal guardian. This includes for example, decisions where and with whom the individual will live, what social activities the individual will engage in, what educational, vocational, or training the individual will participate in. The court order may include limitations or conditions that it deems necessary. A property guardian has authority for all financial and property matters except for any limitations or conditions indicated in the court order.310 Section 43 of The Adult Guardianship and Co-decision-making Act outlines the authority of an appointed property guardian. An applicant can provide a copy of the court order which would outline the matters the guardian has authority over. The applicant should explain what the information is needed for, and it should be within the scope of the powers and duties set out in the court order. IPC Findings In Review Report 047-2021, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The applicant had submitted an access to information request to the Ministry of Social Services (Social Services). The applicant sought access to information pertaining to another individual whom the applicant asserted they were the personal guardian for pursuant to subsection 19(1) of The Adult Guardianship and Co-decision-making Act. The applicant included a copy of a completed Form N- Order Appointing a Decision-Maker of the Court of Queen’s Bench for Saskatchewan (a Guardianship Order). Social Services responded to the applicant indicating that it was working to establish legal authority to release the requested records to the applicant. After some delay and no response, the applicant requested the Commissioner review the matter. Upon review, the Commissioner found that the first part of the two-part test was met. This was based on a review of the Guardianship Order. The Commissioner found that the applicant did have the legal right to act as the individual’s personal guardian. For the second part of the test, the Commissioner found that the applicant had failed to demonstrate that the information sought related to the powers and duties of the guardian. In fact, the 310 Public Guardian and Trustee, Resource, Adult Guardianship in Saskatchewan, Application Manual, January 2002 at p. 6.
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