Justice Department cannot say when access to information review will be complete

The government-ordered review of the Freedom of Information and Protection of Privacy Act in Nova Scotia is facing delays, with uncertainty surrounding when the final report will be completed and what changes may come of it. Originally ordered by former Justice Minister Brad Johns in September 2023, the review was expected to be delivered this spring. However, a recent statement from Justice Minister Becky Druhan now suggests that the report may not be ready until the fall or even later.

According to Druhan, the review process has received over 100 submissions, which are currently being carefully considered before any legislative changes are proposed. The minister emphasized the importance of getting the review right for the people of Nova Scotia, acknowledging the significant input from the public that needs to be taken into account.

The delays in the review process have raised concerns, particularly from NDP Leader Claudia Chender, who highlighted the challenges faced by individuals seeking information through formal FOIPOP requests. The backlog for reviews of requests has been growing, leading to prolonged waits for responses and potential appeals.

The review of the FOIPOP Act was initially seen as a commitment to transparency and accountability by the Progressive Conservative government under Premier Tim Houston. Houston had previously advocated for giving the province’s information and privacy commissioner order-making power, but the progress towards this goal has stalled since coming into power.

The government’s recent attempts to amend the FOIPOP Act during the winter session faced criticism and scrutiny from the public and outgoing privacy commissioner. The proposed changes would have allowed government administrators to refuse requests deemed frivolous, vexatious, or insufficiently specific. However, after backlash, the amendments were revised to require approval from the privacy commissioner before a request could be refused on such grounds.

Despite these setbacks and delays, the need for a comprehensive review of the FOIPOP Act remains crucial for ensuring transparency and accountability within the government. The outcome of the review and any potential legislative changes will have a significant impact on the accessibility of information for the people of Nova Scotia.