Contentious bill casts chill over job protection, access to information in N.S., committee hears

Members of the public lined up Monday to express concerns about an omnibus government bill they say risks placing a chill over public servants' ability to do their jobs and weakens people's access to information in Nova Scotia.

Among other things, Bill 1 would give the government the ability to fire non-unionized civil servants without cause. Provisions would also exempt those workers from protections afforded through the Labour Standards Code, which apply to most employees in Nova Scotia.

"It shakes me up that somebody who can do what Bob Strang [Nova Scotia's chief medical officer of health] does for us would have less job security than somebody who's been slinging coffee and doughnuts for 12 years," Pat Clahane, a former Justice Department lawyer, told the public bills committee.

• N.S. information commissioner says government bill threatens right to access records

Another presenter told the committee that members of the public service owe their loyalty to the province and the public, not whatever political party is in power.

Even if they have the best intentions with the bill, all MLAs must ask themselves if they trust every future government "with the power to fire anyone who won't cook the books, lie to the public, hire their friends or spend public money on their donors," said Lily Sangster.

"Can you be sure that this power won't be used in a discriminatory way or to silence those who have been mistreated?" asked Sangster. "Do you trust public servants to tell hard truths to elected officials when they fear for their jobs if they don't paint a rosy enough picture?"

Sandra Mullen, president of the Nova Scotia Government and General Employees Union, said the thousands of unionized workers she represents are also paying attention to Bill 1. Mullen has previously said the government is targeting job protection language in the latest round of bargaining with unionized employees.

Another aspect of Bill 1 that received a lot of attention is a proposed change to access-to-information laws that would allow the heads of government departments, agencies and municipalities to reject applications if they determine the submission is "trivial, frivolous or vexatious." 

That change, like much of Bill 1, was not what the Progressive Conservatives campaigned on during the fall provincial election, said Sambro resident Hugh Thompson.

"This is our information. We own it, and the government holds it for us — not the other way around," he told the committee. "I deserve to know what's going on."

Although Premier Tim Houston has said amendments are coming that would put that power in the hands of the privacy commissioner, the amendments have yet to be made public.

Like other presenters, Thompson called on the government to give the commissioner order-making power — something Houston promised to do while in opposition and after first forming government in 2021, but has so far failed to enact.

The premier announced several weeks ago his government would withdraw a pair of controversial clauses in Bill 1 related to the province's auditor general. One would have given the government the power to fire the AG without cause if it had two-thirds support in the House. The other would have given cabinet ministers the ability to suppress auditor general reports from the public.

Other measures in Bill 1 include:

• Increases to wages, benefits and operating expenses for MLAs after a freeze of more than a decade.

• Doing away with the fixed election date Houston introduced after first becoming premier in 2021.

• Consolidating responsibility for government communications, labour relations, and priorities and planning under the control of the executive council office, the government entity that supports the premier and cabinet.

Witness testimony at the committee is scheduled to continue Tuesday. A total of six bills are before the committee.