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| Location: Alberta Government Home > FOIP Home > Legislation > FOIP Act > Section 53 - General powers of Commissioner | |||||||||||||||
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Print Version
Section 53 - General powers of Commissioner
53(1) In addition to the Commissioner's powers and duties under Part 5 with respect to reviews, the Commissioner is generally responsible for monitoring how this Act is administered to ensure that its purposes are achieved, and may (a) conduct investigations to ensure compliance with any provision of this Act or compliance with rules relating to the destruction of records (i) set out in any other enactment of Alberta, or (ii) set out in a bylaw, resolution or other legal instrument by which a local public body acts or, if a local public body does not have a bylaw, resolution or other legal instrument setting out rules related to the destruction of records, as authorized by the governing body of a local public body, (b) make an order described in section 72(3) whether or not a review is requested, (c) inform the public about this Act, (d) receive comments from the public concerning the administration of this Act, (e) engage in or commission research into anything affecting the achievement of the purposes of this Act, (f) comment on the implications for freedom of information or for protection of personal privacy of proposed legislative schemes or programs of public bodies, (g) comment on the implications for protection of personal privacy of using or disclosing personal information for record linkage, (h) authorize the collection of personal information from sources other than the individual the information is about, (i) bring to the attention of the head of a public body any failure by the public body to assist applicants under section 10, and (j) give advice and recommendations of general application to the head of a public body on matters respecting the rights or obligations of a head under this Act. (2) Without limiting subsection (1), the Commissioner may investigate and attempt to resolve complaints that (a) a duty imposed by section 10 has not been performed, (b) an extension of time for responding to a request is not in accordance with section 14, (c) a fee required under this Act is inappropriate, (d) a correction of personal information requested under section 36(1) has been refused without justification, and (e) personal information has been collected, used or disclosed by a public body in contravention of Part 2. 1994 cF-18.5 s51;1995 c17 s16;1999 c23 s28
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