Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 182 If parents are separated, they both are still joint legal decision-makers unless changed by a court order or an agreement. In a court order, a judge can order that one parent is the sole legal decision-makers. In an agreement, one parent can give up his or her rights to be the joint legal decision-makers. In these instances, the head should ask for a copy of the court order or agreement and identify the clause that deals with legal decision-making.323 A parent’s girlfriend, boyfriend or new spouse has no rights unless it has been directed in a court order or dealt with in an agreement.324 If a stepparent is a legal decision-makers, then he or she will have the same rights and responsibilities as any other legal decision-makers. In demonstrating that an applicant is the legal decision-makers for purposes of subsection 49(d) of LA FOIP, the applicant could provide a copy of: • A custody order • A copy of an agreement dealing with legal decision-makers for the child • Other evidence that would be considered reliable and appropriate in the circumstances (e.g., a statutory declaration may suffice in some cases or a copy of documentation showing the child is in the care of the Minister).325 The local authority should also verify the individual’s identity (e.g., photo identification). 2. Access to the information would not be an unreasonable invasion of the personal privacy of the minor. The fact that an applicant is the legal decision-maker of a minor does not automatically entitle the applicant to the minor’s personal information. The head must determine if the exercise of the rights and powers by the legal decision-maker would be an unreasonable invasion of the minor’s privacy. Some minors have the capacity to exercise their own access and privacy rights under LA FOIP. They may be considered mature minors and disclosure of their personal information to a legal decision-maker may not be appropriate. Even though LA FOIP does not include an express requirement to consider if a child is a mature minor, it is recommended that local authorities do so. For more on this see my offices blog, UPDATED: Who Signs for a Child? Applying this approach, the head should use their discretion to enable the exercise of rights by the minor “understands the nature of the right or power and the consequences of exercising the right or power.” Some factors to consider 323 SK OIPC Blog, Who Signs for a Child, February 15, 2018. 324 SK OIPC Blog, Who Signs for a Child, February 15, 2018, Investigation Report 101-2016 at [22]. 325 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2 at p. 38.
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