MINISTERIAL ORDER NO.        M:008/20

 

 

I, Paul Wynnyk, Deputy Minister of Municipal Affairs, pursuant to Section 85(1) of the Freedom of Information and Protection of Privacy Act and Sections 21(1) and 21(1.1) of the Interpretation Act make the following Order:

1.    In this Order, the terms used have the same meanings as those used in the Freedom of Information and Protection of Privacy Act (“FOIP”), unless otherwise noted.

2.    In this Order, all section references are to FOIP.

3.    In this Order, any reference to a position includes any person holding that position or any person designated as acting for that person.

4.    With respect to the duties, powers and functions of the head of the Land Compensation Board (the Public Body) for the purposes of FOIP, I make the following delegation:

(1)   To the Assistant Deputy Minister, Technical and Corporate Services Division (Assistant Deputy Minister), decisions of the head of the Public Body in relation to:

(a)     responding to a request for access, namely sections 12, 16-29;

(b)     requests for correction to a record of the personal information of the applicant, namely section 36;

(c)     sections 31, 42, 88, 89, 93;

(d)     sections 6 and 7 of the Freedom of Information and Protection of Privacy Regulation; and

(2)   To the individual designated as the FOIP Coordinator for the Public Body, decisions of the head of the Public Body in regard to:

(a)     the general administrative processing of an access request, including sections 8, 9, 14 and 15;

(b)     responding to a request for access, namely sections 12, 16-29, where the request is for the applicant’s own personal information;

(c)     transferring requests for correction of personal information, namely section 37;

(d)     allowing a guardian to exercise the rights or powers of a minor, namely section 84;

(e)     section 4 of the Freedom of Information and Protection of Privacy Regulation, and


(3)   To the Assistant Deputy Minister, the delegated duties, powers and functions listed in subsection (2) where the Assistant Deputy Minister determines that it is appropriate for the Assistant Deputy Minister to exercise those duties, powers and functions in place of the FOIP Coordinator.

5.    The above-noted delegations are subject to the following restrictions:

(1)   when exercising their authority, the delegates are expected to seek advice from me in relation to a particularly sensitive or complex matter;

(2)   when exercising their authority, the delegates are expected to seek advice from the Assistant Deputy Minister(s) with responsibility for the program area(s) from whom the responsive records were obtained;

(3)   Alberta Justice and Solicitor General legal counsel shall be consulted where a particular request raises a novel or unusual interpretative question;

(4)   where a matter has, or is likely to have, an impact on the Government of Alberta as a whole (including where a particular request has been, or is likely to be, made to other Departments), delegates are expected to seek advice from designated representatives from the Departments of Executive Council and Service Alberta (as well as Public Service Commission or Treasury Board and Finance, as applicable);

(5)   decisions made by the delegate are expected to be in accordance with the FOIP Interpretive Guide for Deputy Ministers and Other Delegated Decision-Makers.

6.    While the above delegations remain in effect, the Minister of Municipal Affairs (Minister) and I concurrently retain the full powers of the head of the Public Body.

7.    Upon notice, either the Minister or I may exercise any of the powers, duties or functions given to a delegate in regard to a particular matter, provided no decision has yet been made in relation to that matter.

8.    The delegates shall consult me if any of the delegated powers in this instrument require clarification generally, or with respect to a particular matter.

9.    Ministerial Order No. M:008/19 is hereby rescinded.

 

 

 

Dated at Edmonton, Alberta this 6th day of February, 2020.

 

 

 

 

                                                                     _____________________________

                                                                     Paul Wynnyk

                                                                     Deputy Minister of Municipal Affairs