Controlling Internal Access To Local Government Records

Implications of Section 198 of the Local Government Act
Paragraph (b) of section 198 confers a duty on the corporate administrator to ensure that access is provided to records of the local government and its committees, as required by law or authorized by the local government. This is in addition to paragraph (a) where the corporate administrator must maintain and keep safe the minutes of meetings and the bylaws and other records of the business of the local government and its committees.

Section 198(b) reflects the existence of FOIPPA by requiring the corporate administrator (formerly the clerk) to ensure that the records are accessible in accordance with FOIPPA rules.

The words “as required by law” in section 198(b) limit access to the access allowed under FOIPPA, the Local Government Act and other applicable legislation. The corporate administrator is not required to make any and all records available to any person, including elected officials and other employees of the local government. The section simply confers the responsibility for record keeping and access to records on the corporate administrator, but the right to access is still determined in the first instance by the designated “head” under FOIPPA.

The person designated as the “head” of the local government under FOIPPA is often the corporate administrator or an employee of that department, but could be employed in some other part of the administration.