Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 30 (a) subsections 171(5) and (6) and sections 201 and 202 of The Cities Act; (b) section 30.5 of The Mental Health Services Regulations (c) subsections 201(5) and (6) and sections 231 and 232 of The Municipalities Act; (d) subsections 196(5) and (6) and sections 205.2 and 205.22 of The Northern Municipalities Act; (e) subsections 39(5) and (6) and subsection 56(9.2) of The Police Act, 1990; (f) Part IV of The Police Act, 1990 as it relates to a complaint concerning the actions of a member. Prevail means a provision of one Act having priority over a conflicting provision in another Act.61 The ordinary meaning of the word means to be superior in strength or influence.62 For subsection 22(3) of LA FOIP, the Legislative Assembly recognized that LA 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 22(3) of LA FOIP and section 8.1 of the LA FOIP Regulations would prevail over LA FOIP.63 If engaging subsection 22(3), 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. IPC Findings In Review Report LA-2012-003, the Commissioner considered section 22 of LA FOIP and 8.1(c) of the LA FOIP Regulations. The Commissioner determined that section 201 of The Municipalities Act related to confidentiality of information regarding property assessments. Sections 231 and 232 relate to confidentiality of information regarding appeals to the Board of Revision. The Commissioner found that LA FOIP was paramount to The Municipalities Act because the matter before the Commissioner did not relate to either confidentiality of property assessments or the Board of Revision. The matter related to the authority of the 61 SK OIPC Review Report 149-2017 at [50]. 62 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2340. 63 Adapted from Service Alberta, FOIP Bulletin Number 11 – Paramountcy, March 2009.
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