FOIPP Act Policy and Procedures Manual

Overview Section Reference Summary Interpretation

This section provides for the appointment and defines the length of term of an acting Information and Privacy Commissioner. The section outlines circumstances in which an acting Commissioner may be appointed and the duration of that appointment.

SECTION REFERENCE

Section 39 of the Freedom of Information and Protection of Privacy Act

39 (1)  The Lieutenant Governor in Council may appoint an acting commissioner if

(a) the office of the commissioner is or becomes vacant when the Legislative Assembly is not sitting,

(b) the commissioner is suspended when the Legislative Assembly is not sitting,

(c) the commissioner is removed or suspended or the office of the commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Assembly under section 37(1) before the end of the session, or

(d) the commissioner is temporarily absent because of illness or for another reason.

(2) An acting commissioner holds office until

(a) a person is appointed under section 37(1),

(b) the suspension of the commissioner ends,

(c) the Legislative Assembly has sat for 20 days after the date of the acting commissioner’s appointment, or

(d) the commissioner returns to office after a temporary absence, whichever is the case and whichever occurs first.

SUMMARY

This section provides for the appointment and defines the length of term of an acting Information and Privacy Commissioner. The section outlines circumstances in which an acting Commissioner may be appointed and the duration of that appointment.

INTERPRETATION

When the office of the Commissioner is vacant or the commissioner has been suspended or removed [see section 38], the Lieutenant Governor in Council may appoint an acting Commissioner either

• if the Legislative Assembly is not sitting, or
  
  
• if the Legislative Assembly is sitting, but makes no recommendation before the end of the session.

"suspended" means debar temporarily from an office, function or privilege [OED].

The acting Commissioner holds office until the Legislative Assembly has sat for 20 days after his or her appointment, until the Commissioner returns, or until a new Commissioner is appointed to office.