FOIPP Act Policy and Procedures Manual

Overview Section Reference Summary Policy Procedure Interpretation Sectional Index of Commissioner's Orders

This section authorizes the head of a public body (but not of a local public body) to delegate any of his or her responsibilities under the Act, except the power to delegate.

SECTION REFERENCE

Section 66 of the Freedom of Information and Protection of Privacy Act

66 (1) The head of a public body may delegate to any person any duty, power or function of the head of the public body under this Act, except the power to delegate under this section.

(2) A delegation  under subsection (1) must be in writing and may contain any conditions or restrictions the head of the public body considers appropriate.

(3) This section does not apply to a local public body.

SUMMARY

The head of a provincial public body has full power to delegate any of the head’s duties, powers or functions conferred under the Act (except the power to delegate) to another person. Normally, the head delegates to officers or employees of the public body (in the case of provincial government ministries, to the Deputy Minister). The delegation must be in writing and contain any conditions or restrictions the head of the public body considers appropriate.

The head of a local public body does not have authority to delegate any of the powers or function of the head. However, a local public body may accomplish the same administrative purpose by authorizing (through bylaw or other policy instrument) a person other that the head to perform any duties or functions of the head (see manual section 77(b)).

POLICY

1. Only the head of a provincial public body has the power to delegate under the Act. An officer, employee or member to whom authority has been delegated does not have the power to re-delegate this authority.
   
   
2. The head of a provincial public body must make delegations in writing with any conditions or restrictions set out in the written delegation instrument.

PROCEDURE

1. Provincial government ministries must create, file and maintain a valid delegation matrix clearly indicating the lowest level officer or employee of the ministry authorized to approve and accept transactions and sign formal documents.
   
   
2. Local public bodies may consider using the sample delegation matrix or the sample delegation instrument provided in this manual in drafting their resolution, bylaw or other legal delegation instrument, such as a resolution.

INTERPRETATION

Interpretation Note 1:

"Delegate"

The designated head of each provincial government ministry is the Minister responsible for that ministry. In practice, the Minister delegates his duties, powers and responsibilities to the Deputy Minister for that ministry. The powers of the head flow from the Minister to the Deputy Minister and to the Director/Manager of Information and Privacy. The authority to accept transactions and sign documents is laid out in the Delegation Instrument Schedule and the Delegation Matrix.

The head of each local public body is designated by bylaw or other legal instrument.

Although the Act does not permit delegation of authority to another person by the head of a local public body, the same purpose may be achieved by passing a bylaw under section 77(b) (Power to make bylaws).

SECTIONAL INDEX OF COMMISSIONER'S ORDERS

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