N.S. government orders review of freedom of information, privacy legislation

Nova Scotia Justice Minister Brad Johns has launched a review of the province's information and privacy legislation, a process Premier Tim Houston criticized when the former Liberal government proposed something similar.

In a news release Thursday, Johns said an internal working group would look at the Freedom of Information and Protection of Privacy Act, as well as the Privacy Review Officer Act, the Personal Information International Disclosure Act and Part 20 of the Municipal Government Act.

The last major update of the FOIPOP Act was in 1999.

"Our access to information and privacy laws in Nova Scotia have not been updated in many years," Johns said in the news release.

"It is important that we update the legislation so that it continues to provide public access to important information held by government while also ensuring it keeps pace with emerging technology and provides the appropriate privacy protections for the digital age."

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As part of the process, the working group will review past recommendations by former privacy commissioners and consult with the commissioner's office, government departments, municipalities, reporters, legislative caucus offices and public bodies affected by the legislation.

The group will provide Johns with a package of legislative options and recommendations that the minister will table in Province House no later than the spring sitting of 2025. The next provincial election is scheduled for July 2025.

Johns's decision to launch a review of the legislation is similar to what former Liberal premier Iain Rankin proposed during his short tenure in office. Rankin said he'd accept all of the recommendations from a legislative review.

At the time, Houston was critical of that approach.

The courage to be held accountable by the people

During the 2021 provincial election, the Tory leader pledged to go further than a review and do what successive privacy commissioners have asked past governments to do.

"A Progressive Conservative government is one that will have the courage to be held accountable by the people," Houston said during the campaign.

"That means giving order-making ability to the commissioner."

Although he pledged to uphold that promise shortly after coming to power, Houston subsequently softened on the idea, saying he can see instances where it would not make sense for the government to be compelled to follow orders of the commissioner. Right now, the commissioner makes recommendations but the government is not bound by them.

In opposition, Houston regularly criticized the Liberal government for the way it handled the freedom of information system. He successfully sued the province when it refused to release details related to the Yarmouth ferry service, despite a recommendation from the privacy commissioner's office, as part of a freedom of information request filed by the Progressive Conservative caucus.

Houston's about-face after coming to office is similar to that of former Liberal premier Stephen McNeil.

During the 2013 provincial election, McNeil signed a document promising to give the privacy commissioner order-making power. But once he became premier, McNeil called that promise a mistake and admitted to preferring the phone over email so his communication could not be captured by freedom of information legislation.

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