Guide to FOIP-Chapter 1

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 27 (c) section 74 of The Child and Family Services Act; (d) section 14 of The Enforcement of Maintenance Orders Act, 1997; (e) The Health Information Protection Act; (f) section 91.1 of The Police Act, 1990; (g) section 11 of The Proceedings against the Crown Act, 2019; (h) section 15 of The Securities Act, 1988; (i) sections 40.1, 97 and 283 of The Traffic Safety Act; (j) section 61 of The Trust and Loan Corporations Act, 1997; (k) Part VIII of The Vital Statistics Act, 2009; (l) Repealed. 2019, c28, s. 12. (m) any prescribed Act or prescribed provisions of an Act; or (n) any prescribed regulation or prescribed provisions of a regulation. Primacy clauses are clauses in a statute that define how a statute is interpreted if its provisions are inconsistent with another statute in the same jurisdiction. Primacy means the state or position of being first in order, importance, or authority.52 If engaging subsections 23(1), (2) or (3), the government institution should be able to demonstrate that the record or information in question falls within the statutory provision that is not subject to FOIP. It should be noted that section 23 of FOIP only applies to portions of Parts II and III of FOIP which refer to access to records. All the other provisions of FOIP would fully apply such as the protection of privacy provisions in Part IV and the review and appeal provisions in Part VII. Subsection 23(1) Subsection 23(1) of FOIP provides that where there is a conflict between FOIP and any other Act or regulation, FOIP will prevail. FOIP prevails even where another Act or regulation restricts or prohibits access. 52 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2344.