Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 179 applicant’s lawyer had indicated to Social Services that “it is not the applicant’s responsibility to, nor within their capacity to explain to you the order and its effects.” The Commissioner did not agree. When an applicant is making a request for another individual’s personal information, the onus is on the applicant to demonstrate they have the authority to do so pursuant to section 59 of FOIP. The Commissioner looked at the matters under which the applicant had authority under the Guardianship Order and determined that the applicant did not have authority under subsection 59(b) of FOIP to exercise the rights of the individual in this case. Subsection 49(c) Exercise of rights by other persons 49 Any right or power conferred on an individual by this Act may be exercised: … (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; Subsection 49(c) of LA FOIP provides that a power of attorney can exercise the rights and powers of an individual provided it relates to the powers and duties of the power of attorney. LA FOIP provides for broader permission for a power of attorney than for the personal representative of a deceased individual. For this provision to apply, the applicant must meet two requirements: 1. Proof of the right to act as the power of attorney is required. A power of attorney is an authority given to one person (called the attorney) to do certain acts in the name of, and personally representing, the person granting the power (called the grantor).311 Lawyers usually draft a power of attorney. However, there are also forms that can be completed by both the grantor and the attorney without the use of a lawyer.312 311 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, at p. 37. 312 Government of Saskatchewan, Powers of Attorney for Adults, www.saskatchewan.ca/residents/justicecrime-and-the-law/power-of-attorney-guardianship-and-trusts/powers-of-attorney-for-adults.
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