Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 31 Prevail means a provision of one Act having priority over a conflicting provision in another Act.60 The ordinary meaning of the word means to be superior in strength or influence.61 For subsection 23(3) of FOIP, the Legislative Assembly recognized that FOIP and some other provisions would be in conflict and provided the mechanism for resolving that by expressly stating that the provisions listed at subsection 23(3) of FOIP and section 12 of the FOIP Regulations would prevail over FOIP.62 If engaging subsection 23(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. IPC Findings In Review Report F-2014-001, the Commissioner considered subsection 23(3)(h) of FOIP. The Commissioner found that section 15 of The Securities Act, 1988 prevailed and as such, that Parts II and III of FOIP did not apply to the records at issue. In Review Report 088-2014, the Commissioner considered subsection 23(3)(m) of FOIP and subsection 12(l) of the FOIP Regulations. The Commissioner determined that subsection 61 of The Mortgage Brokerages and Mortgage Administrators Act prevailed and as such, that Parts II and III of FOIP did not apply to the records at issue. In Review Report 149-2017, the Commissioner considered subsection 23(3)(c) of FOIP. The Commissioner determined that the Commissioner has authority to conduct a review of records that may be subject to section 74 of The Child and Family Services Act. In Review Report 254-2017, the Commissioner considered subsection 23(3)(c) of FOIP. The Commissioner determined that the Ministry of Social Services (Social Services) failed to demonstrate that section 74 of The Child and Family Services Act applied to the records. The Commissioner also found that Social Services did not cooperate with the IPC during the review. The Commissioner made several recommendations including that the Ministry of 60 SK OIPC Review Report 149-2017 at [50]. 61 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2340. 62 Adapted from Service Alberta, FOIP Bulletin Number 11 – Paramountcy, March 2009.
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