Head of the Institution and Delegation of Authority Under the Freedom of Information and Protection of Privacy Act

Date

November 24, 1994

Revision Date

November 22, 2007

Number

I 10.02

Revision No.

A

1. Purpose

To ensure compliance with the Freedom of Information and Protection of Privacy Act of British Columbia (the Act) by designating who the head of the University is for the purposes of the Act; to designate the persons who are authorized to perform any duty or exercise any function under the Act of the person designated as the head; and, to designate the persons who are authorized to implement decisions made under the Act.

2. Policy

2.1 Head of the Institution

The Board of Governors, pursuant to section 77(a) of the Act, designates the University Secretary of Simon Fraser University as the head of the institution for the purpose of administering the University’s compliance with the Act.

2.2 Delegation of Authority

The Board of Governors, pursuant to section 77(b) of the Act, designates persons listed in Schedule A to perform any duty or exercise any function under the Act of the person designated as the head of the institution.

Schedule A lists the level of officer of Simon Fraser University authorized to approve and accept the specified transactions (the Decision-making Authority) and the level of officer authorized to sign official documents (the Implementation Authority).

3. Scope

This policy applies to all University units and employees.

4. Roles and Responsibilities

4.1 The Decision-making Authority’s responsibilities are:

a) Perform the duties or exercise the functions under the Act that are delegated by the head of the institution; and

b) Approve and accept the specified transactions listed in Schedule A, normally for the offices and programs that report to the named University officer.

4.2 The Implementation Authority’s responsibilities are:

a) Process formal freedom of information requests and requests to correct personal information made under the Act by:

i) Logging, monitoring, and tracking formal requests for information that is in the custody or control of the University;
ii) Coordinating the location, retrieval, and production of records that respond to a request and obtaining copies from University departments and employees;
iii) Preparing required notices to applicants and third parties;
iv) Reviewing records for confidential and personal information to which exceptions to the right of access apply;
v) Documenting the review;
vi) Severing records if necessary; and
vii) Preparing an Access Review Recommendation for the appropriate Decision-making Authority.

b) Investigate privacy breaches and complaints.

c) Serve as the primary contact with the Office of the Information and Privacy Commissioner for British Columbia regarding complaints or requests for review of University access and other decisions made under the Act including preparation for mediation and Commissioner’s inquiries.

d) Provide advisory services by interpreting the provisions of the Act and how they apply to the University’s records, administration and operations.

e) Provide information and training to University employees about the law and its application to University records, administration, and operations.

f) Develop information policy and procedure to coordinate the University’s administration and compliance with the Act.

g) Be the office of record documenting the University’s functions and activities under the Act.

h) Evaluate program operations and costs.

5. Authority

5.1 University Act (RSBC 1996, c. 468)

5.2 Freedom of Information and Protection of Privacy Act (RSBC 1996, c. 165)

6. Definitions

6.1 Decision-making Authority means those persons authorized to make decisions pursuant to and as prescribed by the Act.  These University officers are listed in Schedule A to this policy.

6.2 Implementation Authority means those persons authorized to implement decisions made pursuant to the Act.  These University officers are listed in Schedule A to this policy.