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Blog

Delegation of Powers and Duties Under LA FOIP

June 29, 2023 - Sharon Young, Analyst

Frequently, my office is asked by municipalities on how to prepare a delegation instrument where the “head” of the municipality may delegate their powers and/or duties under LA FOIP to one or more employees. In many cases, it is the mayor or reeve who wishes to delegate their powers and duties under LA FOIP to the administrator.

Section 50 of LA FOIP provides that the head may delegate to one or more officers or employees of a local authority their powers or duty under LA FOIP:

50(1) A head may delegate to one or more officers or employees of the local authority a power granted to the head or a duty vested in the head.

(2) A delegation pursuant to subsection (1):

(a) is to be in writing; and

(b) may contain any limitations, restrictions, conditions or requirements that the head considers necessary.

To help with the task of preparing a delegation instrument, my office has prepared a delegation table that breaks down the powers and duties of a head under LA FOIP. Municipalities can fill out the delegation table according to which powers and/or duties the head wishes to delegate. The head must approve the delegation table in order for the delegation to be effective. The head does not need council approval to delegate powers and duties under LA FOIP.

Some important things about a delegation are as follows:

  • The delegation should identify the position, not the individual, to which the powers are delegated. When delegation is to the position, a new delegation is not required when a new appointee assumes the position.
  • It is important to review the delegation periodically for any changes that may be needed, especially if the local authority is restructured or a new head is elected.
  • Delegated authority empowers certain officials and employees to make decisions or act.
  • The person delegating the authority remains responsible and accountable for all actions and decisions made under that delegation.

For more information about LA FOIP and delegations, check out Chapter 2 of my office’s Guide to LA FOIP.

 

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