Delegation of authority

The Right to Information and Protection of Privacy Act (RTIPPA) gives a head of a public body certain powers and duties. The head of a public body can delegate their responsibilities under RTIPPA. They can do this by completing a Delegation of Authority template.

Last updated November 2023

The purpose of this page is to provide guidance to New Brunswick public bodies regarding the delegation of powers and duties under section 6 of RTIPPA. The information provided on this page is for information purposes only and does not constitute legal advice. Public bodies should consult with their own legal counsel for legal advice related to RTIPPA.

The head is defined in section 1 of RTIPPA and varies depending on the type of public body. Public bodies should refer to section 1 of RTIPPA to determine who their head is and seek legal advice if required. Here are examples of the heads of some public bodies:

• Government departments specified in Part I of the First Schedule of the Public Service Labour Relations Act – the head is the Minister
• School districts – the head is the Superintendent
• Regional health authorities – the head is the Chief Executive Officer
• Bodies listed in Part III of the First Schedule of the Public Service Labour Relations Act – the head is the Chief Executive Officer
• Bodies listed in Part IV of the First Schedule of the Public Service Labour Relations Act – the head is Chief Executive Officer
• Universities – the head is the person or group of persons designated by by-law or resolution to serve as the head
• Police forces – the head is the Chief of Police
• Municipalities, rural communities or regional municipalities – the head is the person or groups of persons designated by by-law or resolution to serve as the head

RTIPPA gives the head of a public body certain powers. It also obligates them to perform various duties. For example, the head of a public body has:

• The power to extend the time limit for responding to a request for information in certain circumstances under ss.11(3).
• A duty to assist an applicant with making a right to information request under section 9.

RTIPPA allows for the head to delegate authority because in many instances it may not be the head that makes decisions or carries out certain actions under RTIPPA. For example, sometimes it may be the deputy minister or other senior officials who make decisions under the Act. Section 6(1) of RTIPPA allows a head to delegate a duty or power to:

• An officer or employee of the public body, or
• An officer or employee of another public body.

There are several powers and duties assigned to the head under RTIPPA. These powers or duties are recognized by the words “the head shall” or the “head may” (or similar language). For example, subsection 11(1) of RTIPPA states the head of a public body shall respond in writing to a request for access within 30 business days.

The delegation of a head’s powers and duties are primarily in relation to access to information. Most privacy responsibilities under RTIPPA rest with the public body and not the head.

A head cannot delegate their power to delegate. In addition, the head can exercise their powers and duties despite delegating those to another position. A complete listing of powers and duties of the head are included in the delegation of authority template.

Subsection 6(2) of RTIPPA allows a head to impose any terms and conditions they consider appropriate on a delegation. Some examples may include:

• A senior official may be delegated certain powers, but not others. For example, the delegation could allow decisions related to the extension of time for responding to a request but not allow for transferring a request to another public body.
• A delegation may be made to two people, naming one to act in the absence of the other.

The delegation must be made in writing. The delegation of authority template is designed to help public bodies delegate the duties and powers of the head under section 6 of RTIPPA.

Delegation of authority template (.docx)

The delegation of authority template must:

• Be signed and dated by the head,
• Name the positions that the head is delegating to,
• Identify which duties or powers are being given to each position,
• Be reissued when there is a change to the head of the public body or to a position to which powers or duties are delegated, and
• Be filed and retained according to your organization’s approved records management policies.