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 29 The second test is whether one law is supplemental to the other by adding something. If the law is supplemental, then it will be valid concurrently with the other law. 3. Does one law duplicate the other? The third test involves whether one law duplicates another such that there is not an actual conflict or contradiction. Mere duplication without actual conflict or contradiction is normally not sufficient to invalidate a law. It would simply mean that the government institution would be held to the higher standard of the competing statutes.57 Subsection 23(2) Subsection 23(2) builds on subsection 23(1) of FOIP and provides that FOIP will still prevail even if the other Acts or regulations state that its provisions prevail over other Acts or laws. Prevail means a provision of one Act having priority over a conflicting provision in another Act.58 The ordinary meaning of the word means to be superior in strength or influence.59 Subsection 23(3) Subsection 23(3) of FOIP provides a list of provisions where FOIP does not prevail. Additional provisions that FOIP does not prevail over are also prescribed in section 12 of the FOIP Regulations. Confidentiality provisions in other enactments (FOIP Regulations) 12 For the purposes of clauses 23(3)(l) and (m) of the Act, the following provisions are prescribed as provisions to which subsection 23(1) of the Act does not apply: (a) section 178 of The Election Act, 1996; 57 Test first used in SK OIPC Review Report F-2009-001 at [40]. See also SK OIPC Submission to the Workers Compensation Act Committee of Review, April 29, 2011 at pp.10, 14 and 15; SK OIPC Review Reports F-2014-001 at [86] to [117], 276-2017 at [16] to [20] and 088-2014 at [8] to [25]. 58 SK OIPC Review Report 149-2017 at [50]. 59 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2340.