Controlling Internal Access To Local Government Records

Officer Status
In the context of these issues, we must consider if an elected official is an officer for the purposes of section 33(f) before determining if the elected official needs the information for the performance of that person’s duties.

There is no definition of “officer” in FOIPPA, the Local Government Act or the Interpretation Act. In section 287 of the Local Government Act the term “municipal public officer” is defined to include an elected official as well as an officer or employee of a local government, but that section is for the sole purpose of providing a statutory immunity to all of the defined persons from actions for damages under certain circumstances. It does not confer the status of “officer’’ on those persons for other purposes

Part 5.1of the Local Government Act provides for the appointment of the statutory officers of a local government, as well as other types of officers. Also, under Part 5.2 relating to municipal councils, section 209 deals with the term of office for council members and section 210 with the oath of office for them. They can be disqualified from office under section 211 or resign from office under section 212. Similar provisions for the office of regional board director are found in sections 784 and 785. Therefore, it is abundantly clear that regional board directors, municipal councillors and mayors are considered officers of the local government. They are elected to an office; they are not hired as employees. Therefore, all members of Council are officers for the purpose of section 33(f) of FOIPPA.