Who is responsible for FOIP within a municipality?
• The governing body of the municipality (the council) must designate a head by bylaw under section 95(a) of the FOIP Act. The head is responsible and accountable for all decisions taken under the Act. • The head can be an individual (e.g. Chief Administrative Officer, member of council, or someone else responsible to the council) or the council or one of its committees. • Appointing council or a committee as the head could present practical difficulties in meeting the timelines for responding to FOIP requests or in defending a complaint to the Information and Privacy Commissioner. • Once the head is designated, the head can delegate any of his or her responsibilities in writing, under section 85 of the Act (except the ability to delegate).
