FOIPP Act Policy and Procedures Manual
Section
61 - Powers, Duties and Protections of Adjudicator
Last updated: July 26, 2007
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OVERVIEW
This section sets out the powers, duties and functions of an
adjudicator in investigating or reviewing matters regarding the
Commissioner as
head of a
public body.
SECTION REFERENCE
 Section
61 of the Freedom of Information and Protection of Privacy Act
61 (1) For the purposes of
section 60, an
adjudicator has the powers, duties and functions given to the
commissioner by
sections 42 (2)(a) to (d),
43,
44 and
47 (1), (2) (a) and (3) to (5).
(2)
Sections 45,
46,
48 and
50 apply for the purposes of an investigation, inquiry or review by an adjudicator.
SUMMARY
The
adjudicator's powers, duties and functions are parallel to the
Commissioner’s own powers, duties and functions as specified in the particular sections of the Act. The protections provided by sections
45,
46 and
48, as well as the limitation in the role of the Ombudsman in
section 50, are also in effect for the purposes of an adjudicator’s investigation or review.
INTERPRETATION
The
adjudicator is empowered to investigate complaints that the
Commissioner has failed to fulfil any duty imposed by the
Act or
regulations and to investigate complaints against the Commissioner regarding matters listed in
paragraphs 42(2)(a) to (d); a duty not performed; an improper time extension; inappropriate
fees and a refusal to correct
personal information. These powers only relate to investigations regarding complaints against the
Commissioner as head of a public body.
The adjudicator does not, however, have the following powers or duties;
- the power to investigate and attempt to resolve complaints that personal information has been collected, used or disclosed by the Commissioner as the head of a public body in contravention of
Part 3 of the Act;
- the duty to report under the Act;
- the power to delegate duties, powers or functions under the Act; or,
- the power to adjudicate a decision of the Commissioner in his mandated role.
SECTIONAL INDEX OF
COMMISSIONER'S ORDERS
For orders organized by the Act's section
numbers,
Click here.
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