Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 181 Subsection 49(d) of LA FOIP provides that the legal custodian of a minor (less than 18 years of age), can exercise the minor’s rights and powers under LA FOIP, provided it would not constitute an unreasonable invasion of the minor’s privacy. A person reaches 18 years immediately at the beginning of the relevant anniversary of the person’s date of birth.316 For this provision to apply, two requirements must be met: 1. The applicant must demonstrate the right to act as the legal custodian. Legal decision-maker means the person having lawful decision-making responsibility with respect to a child.317 A child means a person who: (a) is under 18 years of age (b) has never married318 Legal decision-maker is not necessarily always the parent of the minor. A legal decisionmaker can be a birth parent, an adoptive parent, a stepparent, the Minister, a foster parent, or a legal decision-maker appointed under an agreement.319 In terms of legal decision-makers, The Children’s Law Act, 2020 provides for who would be a legal decision-maker for a child as follows: • The parents of a child are joint legal decision-makers with equal rights unless changed in a court order or an agreement.320 • Where parents have not lived together after the birth of a child, the parent with whom the child resides is the sole legal decision-makers.321 • If a parent dies, the surviving parent is the legal decision-makers of that child unless changed by a court order or an agreement.322 316 Subsection 2-28(10) of The Legislation Act, SS 2019, c L-10.2 provides “A person reaches a particular age expressed in years at the beginning of the relevant anniversary of the person’s birth date.” 317 The Children’s Law Act, 2020 [S.S., 2020], s. 2(1). 318 The Children’s Law Act, 2020 [S.S., 2020], s. 2(1). 319 Schirr Q.C., Darcia, Legal Issues on Consent and Counselling of Minors at p. 3. Available at: https://sasw.in1touch.org/document/4522/Consent%20when%20Counselling%20with%20Minors%20S chirr.pdf. 320 The Children’s Law Act, 2020 [S.S., 2020], s. 3(1). 321 The Children’s Law Act, 2020 [S.S., 2020], s. 3(2). 322 The Children’s Law Act, 2020 [S.S., 2020], s. 4(1).
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