Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 184 local authority is aware that one of the decision-makers does not agree with a request from the other equally ranked decision-maker, the local authority should not rely on the direction of one of the decision-makers only. For this reason, the Commissioner found that St. Paul’s did not properly apply subsection 49(d) of LA FOIP. Subsection 49(e) Exercise of rights by other persons 49 Any right or power conferred on an individual by this Act may be exercised: … (e) by any person with written authorization from the individual to act on the individual’s behalf. Subsection 49(e) of LA FOIP provides that any person can act on another’s behalf in terms of exercising the rights and powers under LA FOIP provided they have written authorization to do so. A written authorization is a document in writing signed by an individual who authorizes another individual to do certain acts in the name of and on behalf of the individual signing the document.328 Subsection 11(1) of The Local Authority Freedom of Information and Protection of Privacy Regulations provides that: 11(1) If consent is required by the Act for the collection, use or disclosure of personal information, the consent: (a) must relate to the purpose for which the information is required; (b) must be informed; (c) must be given voluntarily; and (d) must not be obtained through misrepresentation, fraud or coercion. A written authorization should be to perform specific acts (e.g., provide consent, make a LA FOIP request on behalf of the authorizing individual) or, more generally, to exercise the rights or powers of the individual under LA FOIP. 328 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2 at p. 39.
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