Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 27 If engaging subsections 22(1), (2) or (3) of LA FOIP, the local authority should be able to demonstrate that the record or information in question falls within the statutory provision that is not subject to LA FOIP. It should be noted that section 22 of LA FOIP only applies to portions of Parts II and III of LA FOIP which refer to access to records. All of the other provisions of LA FOIP would fully apply such as the protection of privacy provisions in Part IV and the review and appeal provisions in Part VI. Subsection 22(1) 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. Subsection 22(1) of LA FOIP provides that where there is a conflict between LA FOIP and any other Act or regulation, LA FOIP will prevail. LA FOIP prevails even where another Act or regulation restricts or prohibits access. Prevail means a provision of one Act having priority over a conflicting provision in another Act.54 The ordinary meaning of the word means to be superior in strength or influence.55 The Supreme Court of Canada in Lévis (City) v. Fraternité des policiers de Lévis Inc., 2007 SCC 14 (CanLII), [2007] 1 SCR 591 stated: The starting point in any analysis of legislative conflict is that legislative coherence is presumed, and an interpretation which results in conflict should be eschewed unless it is unavoidable. The test for determining whether an unavoidable conflict exists is well stated by Professor Cote in his treatise on statutory interpretation: 54 SK OIPC Review Report 149-2017 at [50]. 55 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2340.
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