Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 26 The practical effect of subsection 23(1.1) of LA FOIP is that if personal health information is in the custody or control of a trustee and therefore subject to HIPA, it cannot simultaneously be personal information subject to LA FOIP. The purpose of the Legislative Assembly in enacting subsection 23(1.1) of LA FOIP was presumably to avoid duplication in legislative coverage.52 For more information on trustees under HIPA see the IPC Guide to HIPA. Section 22 Confidentiality provisions in other enactments 22(1) Where a provision of: (a) any other Act; or (b) a regulation made pursuant to any other Act; or (c) a resolution or bylaw; that restricts or prohibits access by any person to a record or information in the possession or under the control of a local authority conflicts with this Act or the regulations made pursuant to it, the provisions of this Act and the regulations made pursuant to it shall prevail. (2) Subject to subsection (3), subsection (1) applies notwithstanding any provision in the other Act or regulation that states that the provision is to apply notwithstanding any other Act or law. (3) Subsection (1) does not apply to: (a) The Health Information Protection Act; (a.01) Part VIII of The Vital Statistics Act, 2009; (a.1) any prescribed Act or prescribed provisions of an Act; or (b) any prescribed regulation or prescribed provisions of a regulation; and the provisions mentioned in clauses (a), (a.01), (a.1) and (b) shall prevail. 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.53 52 SK OIPC Investigation Report F-2010-001 at [31]. 53 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2344.
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