N.S. agencies don’t have to post freedom of information responses. Some say that’s a problem

As part of her work with the Ecology Action Centre, Karen McKendry regularly files access to information requests to better understand what’s happening behind closed doors between government and industry in Nova Scotia.

“It’s really important so that we can have a little more insight into government around thought process and the players that lead to government decisions that affect our work and affect the environment,” said the senior wilderness outreach co-ordinator for the Halifax environmental charity.

There are more than 400 public bodies in the province, including the provincial government, municipalities, municipal police forces, universities and school boards. Nova Scotians can request records from any of these bodies.

However, depending on the public body, the responses may never get posted online.

One reason is because public bodies aren’t required to post the completed requests under Nova Scotia’s Freedom of Information and Protection of Privacy (FOIPOP) Act and Municipal Government Act.

This is a problem, says Dean Beeby, an independent Ottawa journalist who is a freedom of information specialist.

“It impairs our ability as journalists to tell the whole story if we can’t see the results of requests that were made to public bodies who have no obligation, no requirement to post them,” he said.

During his time with CBC’s Parliamentary bureau between 2014 and 2019, Beeby filed as many as 3,000 access to information requests a year.

He said these requests are a vital for journalists.

“It gets us beyond … the spinning of public relations people and media relations people,” said Beeby. “And it allows us to poke our noses inside the tent to see what people … are actually saying to each other. And that’s a real important source of information.”

The provincial government posts some completed requests to a portal.

“Surely they can enlarge it to make it simple and easy for these 400 public bodies in the province to do the same,” said Beeby. “It’s just not a technical problem anymore.”

Exclusions to what the province posts

There are some exclusions to what the province will post, such as for individuals who have requested their own personal information, or cases when the records are under copyright held by a third party or another level of government with no relation to the province.

McKendry said she’s noticed some requests she’s filed with the province haven’t been posted online.

“I can’t seem to see a pattern there,” she said.

James Gunvaldsen Klaassen, a managing lawyer with the Atlantic office of environmental law charity Ecojustice, is concerned about the lack of mandatory disclosure.

“I think that leaves some wiggle room in terms of posting or not posting things that may be more uncomfortable for a government of the day or for a particular department,” he said.

He views a transparent access to information system as being essential for a healthy democracy.

While Gunvaldsen Klaassen credits the province for having a portal, he worries about what’s being missed when public bodies like municipalities and universities don’t have similar sites, leaving public awareness in the hands of the people who file the requests.

“Perhaps there’s many other things in that material that other people within that same community would like to know about, but won’t and won’t know unless that person chooses to publicize them somehow,” he said.

That was the case for how CBC News learned about the policing bill for unsanctioned street parties near the Dalhousie University campus. CBC only learned about the costs after a neighbourhood resident provided a copy of the request to the public broadcaster.

Review of legislation underway

Nova Scotia’s access to information legislation is being reviewed by the province, with recommendations expected in spring 2025.

“As the comprehensive review of the FOIPOP Act and related legislation remains underway, we can’t presuppose what recommendations may come forward,” the province said in a statement to CBC. “This work is being informed by feedback from the public, media, government entities, municipalities and villages, and other stakeholders.”

McKendry is hopeful change is coming, but is skeptical.

“Every party has, when they’re not in power, said that they’re going to improve the freedom of information process and each one doesn’t when they’re in power,” she said.