Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 29 Subsection 22(2) Confidentiality provisions in other enactments 22(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. Subsection 22(2) builds on subsection 22(1) of LA FOIP and provides that LA FOIP still prevails 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.59 The ordinary meaning of the word means to be superior in strength or influence.60 Subsection 22(3) Confidentiality provisions in other enactments 22(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. Subsection 22(3) of LA FOIP provides a list of provisions where LA FOIP does not prevail. Additional provisions that LA FOIP does not prevail over are also prescribed in section 8.1 of the LA FOIP Regulations. Confidentiality provisions in other enactments (LA FOIP Regulations) 8.1 For the purposes of clause 22(3)(a.1) of the Act, the following are prescribed as provisions to which subsection 22(1) of the Act does not apply: 59 SK OIPC Review Report 149-2017 at [50]. 60 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2340.
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