FOIPP Act Policy and Procedures Manual

Overview Section Reference Interpretation Sectional Index of Commissioner's Orders

Section 79 provides that the Freedom of Information and Protection of Privacy Act prevails over all other Acts, unless expressly stated otherwise in another Act.

SECTION REFERENCE

Section 79 of the Freedom of Information and Protection of Privacy Act

79  If a provision of this Act is inconsistent or in conflict with a provision of another Act, the provision of this Act prevails unless the other Act expressly provides that it, or a provision of it, applies despite this Act.

INTERPRETATION

"Expressly provides" in the context of section 79, means that in order to prevail over the requirements of the Act, the other legislation must specifically state that it applies notwithstanding or despite the Act or a specific part or section of the Act.

Section 79 ensures that the Act and its requirements apply to all government records and the records of local public bodies in British Columbia, unless other legislation states that notwithstanding the provisions of the Act, the other legislation applies to specific records.

Note:  By parliamentary convention, federal legislation takes precedence over provincial legislation.  Therefore, if a provision in a federal Act is inconsistent or in conflict with this Act, the federal Act applies.

SECTIONAL INDEX OF COMMISSIONER'S ORDERS

For orders organized by the Act's section numbers, Click here.