‘Not for now,’ says N.S. Tory leader regarding order-making power for info commissioner

The leader of Nova Scotia’s Progressive Conservatives, Tim Houston, recently made a significant shift in his stance on increasing the power of the province’s information commissioner. In a statement last week, Houston indicated that the key change he once supported to grant the commissioner the authority to order government departments to release information is now on hold, if not entirely abandoned.

When questioned by a reporter during the second day of the election campaign about allowing the commissioner to issue orders rather than just recommendations, Houston responded, “No, not for now.” He explained that the province is currently conducting a review of legislation in other jurisdictions to explore potential options.

This change in position comes after Houston initially pledged during the 2021 campaign to enhance the authority of commissioner Tricia Ralph. However, he cited several reports from Ralph that called for a broader release of information than he was comfortable with as the reason for his reconsideration.

Tricia Ralph, the information and privacy commissioner for Nova Scotia, has been advocating for order-making powers similar to those in other provinces like British Columbia, Prince Edward Island, Alberta, and Ontario. These powers would shift the burden of appeal onto the government if it disagrees with the commissioner’s findings. In contrast, Nova Scotia currently requires individuals seeking information to go to court to challenge a government refusal to follow the commissioner’s recommendations.

Both the NDP and Liberals in Nova Scotia have criticized the Tory government for its lack of accountability and have promised to grant the information commissioner order-making power if elected. Houston’s decision to pause this key change has sparked debate about transparency and access to information in the province.

In a submission to a review of Nova Scotia’s Freedom of Information Act, Ralph highlighted the chronic underfunding of her office, which has led to delays in reviews. She also pointed out a “cultural” resistance within government departments to releasing information. The backlog of reviews and the limited ability to enforce recommendations have raised concerns about the effectiveness of the current system.

One of the cases that influenced Houston’s decision was a review by the commissioner that recommended the release of information related to a violent incident at a youth detention center in Waterville, N.S. Houston expressed concerns about the public disclosure of sensitive security information, but critics argue that the requested information was relevant to safety concerns raised by staff at the facility.

As the debate over order-making powers for the information commissioner continues, it remains to be seen how this issue will impact the upcoming election in Nova Scotia. The push for greater transparency and accountability in government decision-making is a key issue for voters, and the outcome of this debate could have significant implications for the province’s future.