Section 61 - Powers, Duties & Protections of Adjudicator

Overview

This section sets out the powers, duties and functions of an adjudicator in investigating or reviewing matters regarding the Commissioner as head of a public body.

Sectional Reference

Section 61 of the Freedom of Information and Protection of Privacy Act

1. For the purposes of section 60, an adjudicator has the powers, duties and functions given to the commissioner by sections 42 (2)(a) to (d), 43, 44 and 47 (1), (2) (a) and (3) to (5).
2. Sections 45, 46, 48 and 50 apply for the purposes of an investigation, inquiry or review by an adjudicator.

Summary

The adjudicator's powers, duties and functions are parallel to the Commissioner’s own powers, duties and functions as specified in the particular sections of the Act. The protections provided by sections 45, 46 and 48, as well as the limitation in the role of the Ombudsman in section 50, are also in effect for the purposes of an adjudicator’s investigation or review.

Interpretation

The adjudicator is empowered to investigate complaints that the Commissioner has failed to fulfill any duty imposed by the Act or regulations and to investigate complaints against the Commissioner regarding matters listed in paragraphs 42(2)(a) to (d); a duty not performed; an improper time extension; inappropriate fees and a refusal to correct personal information. These powers only relate to investigations regarding complaints against the Commissioner as head of a public body.

The adjudicator does not, however, have the following powers or duties;

• the power to investigate and attempt to resolve complaints that personal information has been collected, used or disclosed by the Commissioner as the head of a public body in contravention of Part 3 of the Act;
• the duty to report under the Act;
• the power to delegate duties, powers or functions under the Act; or,
• the power to adjudicate a decision of the Commissioner in his mandated role.

Sectional Index of Commissioner's Orders

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

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 26, 2007