Section 77 - Power to Make Bylaws

Overview

This section allows local public bodies the opportunity to designate a head, establish a delegation structure and set fees to respond to the requirements of the Act.

Section Reference

Section 77 of the Freedom of Information and Protection of Privacy Act:

A local public body, by bylaw or other legal instrument by which the local public body acts,

(a) must designate a person or group of persons as the head of the local public body for the purposes of this Act,

(b) may authorize any person to perform any duty or exercise any function under this Act of the person or group of persons designated as the head of the local public body, and,

(c) may set any fees the local public body requires to be paid under section 75.

Summary

Section 77 requires local public bodies to designate a person or group of persons to act as head of the public body for the purposes of the Act. The local public body may authorize any person to perform the duties or functions of the head for the purposes of the Act, and may set fees required under section 75.

Policy

Local public bodies may be guided by the maximum fee schedule established by provincial public bodies in the Regulation. Local public bodies may not alter by bylaw any of the conditions established in section 75.

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 27, 2007