FOIPP Act Policy and Procedures Manual

Overview Section Reference Summary Interpretation

This section allows the Commissioner to appoint employees and retain other consultants, mediators and other persons necessary to enable him or her to perform the duties of the office.

SECTION REFERENCE

Section 41 of the Freedom of Information and Protection of Privacy Act

41 (1) The commissioner may appoint, in accordance with the Public Service Act employees necessary to enable the commissioner to perform the duties of the office.

(2) The commissioner may retain any consultants, mediators or other persons and may establish their remuneration and other terms and conditions of their retainers.

(3) The Public Service Act does not apply in respect of a person retained under subsection (2).

(4) The commissioner may make a special report to the Legislative Assembly if, in the commissioner’s opinion,

(a) the amounts and establishment provided for the office of commissioner in estimates, or

(b) the services provided by the BC Public Service Agency are inadequate for fulfilling the duties of the office.

SUMMARY

Under Section 41, the Commissioner may appoint employees and retain consultants, mediators and other persons. The number of staff required is at the discretion of the Commissioner.

The Commissioner may make a special report to the Legislative Assembly if the funding or services provided to the Commissioner’s office are not adequate to fulfil the duties of that office.

INTERPRETATION

The Commissioner may appoint employees in accordance with the Public Service Act, which sets out the regulations, policies and procedures governing the recruitment, selection and promotion of public service employees. The Commissioner may also retain private consultants, mediators and other persons, and determine their remuneration and terms of their retainers.