Section 49 - Delegation by Commissioner

Overview

This section sets out the parameters under which the Commissioner may delegate some of his or her powers and functions.

Section Reference

Section 49 of the Freedom of Information and Protection of Privacy Act

Subject to this section, the commissioner may delegate to any person any duty, power or function of the commissioner under this Act, other than the power to delegate under this section.

• (1.1) The commissioner may not delegate the power to examine information referred to in section 15 if the head of a police force or the Attorney General
  1. has refused to disclose that information under section 15, and
  2. has requested the commissioner not to delegate the power to examine that information.
• (1.2) Despite section 66, the head of a police force may not delegate the power to make a request under subsection (1.1)(b).
• (1.3) Despite section 66, the Attorney General may only delegate the power to make a request under subsection (1.1)(b) to the Assistant Deputy Attorney General, Criminal Justice Branch.
• (2) A delegation under subsection (1) must be in writing and may contain any conditions or restrictions the commissioner considers appropriate.

Summary

Section 49 allows the Commissioner the discretion to delegate to any other person the duties and powers of the Commissioner with limited exceptions. The Commissioner may not delegate the power to delegate. The Commissioner may delegate the power to review records related to law enforcement information unless the head of a police force or the Attorney General has requested that the Commissioner not do so.

This section also limits the delegation by the Attorney General or the head of a police force to that prescribed in 49 (1.2) and (1.3).

Procedure

1. When public bodies receive requests for a review of records containing section 15 and are required to submit them for review by the Office of the Information and Privacy Commissioner, the public body should send the records to the attention of the Commissioner.

Interpretation

"delegation" means entrusting someone else to act in one’s place [DCL].

See "delegate".

Sectional Index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

 Last updated: July 26, 2007