N.S. wants to deny ‘vexatious’ information requests. Critics say they are concerned

Nova Scotia’s Information and Privacy Commissioner was promised more power to enforce decisions, but the Houston government has taken a different direction with major changes under a new omnibus bill. The proposed amendment to the Freedom of Information and Protection of Privacy Act would allow public bodies to refuse applications that are deemed “trivial, frivolous, or vexatious.” This move has raised concerns about the province’s commitment to access to information.

The Department of Justice, which oversees the act, claims that managing over 400 active information requests each week has led to the need for more effective use of resources. The proposed legislation would enable public bodies, including government departments, to deny requests that are repetitive, excessively broad, or not made in good faith. While the Office of the Information and Privacy Commissioner initially endorsed the idea of refusing abusive requests, they expected authorization for such denials to come from the commissioner, not the public bodies themselves.

The lack of consultation with the Commissioner has left Tricia Ralph and her office disappointed and unprepared to comment on the sudden changes. Under the new legislation, public bodies would have 14 days to deny freedom of information requests, with the applicant having the option to request a review from the Commissioner within the same timeframe. This process may put additional strain on an already overburdened office with a backlog of review files.

These changes come as a surprise to many, considering the Houston government’s previous commitments to give more power to the Privacy Commissioner. The shift in direction has led Toby Mendel, executive director of the Centre for Law and Democracy, to question the province’s commitment to democratic checks and balances. With a supermajority in the legislature, Mendel worries about the potential abuse of power and the rollback of the Act.

While other provinces have rules against vexatious requests, the proposed changes in Nova Scotia raise concerns about the province’s bar for defining such requests. Mendel questions the government’s claim that 16 percent of requests are vexatious and worries about the potential for abuse without proper safeguards in place. The legislation in Newfoundland and Labrador, New Brunswick, British Columbia, and Alberta all give varying levels of authority to either the public bodies or the commissioner to make decisions on denying requests.

Former NDP MLA Michèle Raymond expressed grave disappointment with the proposed changes, hoping for a much-needed update to Nova Scotia’s freedom of information legislation. The lack of consultation, potential for abuse of power, and the strain on the Information and Privacy Commissioner’s office have raised concerns about the future of access to information in Nova Scotia.