N.S. premier may adjust plans to amend access to information rules

Premier Tim Houston indicated on Wednesday changes could be coming to controversial amendments he's proposed to the Freedom of Information and Protection of Privacy Act, changes the privacy commission has said could diminish government accountability and limit the public's access and privacy rights.

Among other things, Bill 1 proposes giving the power to reject freedom of information requests to heads of government bodies and municipalities if they determine they lack specificity, are frivolous or vexatious.

Privacy Commissioner Tricia Ralph issued a statement on Tuesday calling on Houston to withdraw the proposed amendments and engage in meaningful consultation with her office and the public.

"In my office's view, there is a way for a compromise to be made such that there are provisions that enable an efficient and effective way to address requests that amount to an abuse of process or are too broad, that do not unduly restrict access to information rights," Ralph said in a statement.

"Moving forward now, without fulsome consultation, poses risk to the access rights of Nova Scotians."

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During question period on Wednesday, the premier suggested that he plans to heed Ralph's comments.

"Madam Speaker, I had a good discussion with the commissioner yesterday as she comes to the end of her tenure," he said.

"She's asked for some changes and some tweaking and I'm sure we'll proceed with that."

Houston did not speak to reporters at Province House. He and his cabinet ministers will only take questions during times organized by the government in a room they control across the street from the legislature at One Government Place. Members of the press gallery from CBC and some other media outlets are boycotting those sessions.

On Tuesday, Houston indicated the changes were intended to reduce stress on an already overburdened access to information system in the hopes of making it more efficient and effective.

A need for more consultation

Opposition leaders welcomed the news that a change to Bill 1 could be coming.

"I think that because Nova Scotians are so upset, again the premier is being forced to walk back hasty, ill-considered and, frankly, dangerous legislative policy," NDP Leader Claudia Chender told reporters at Province House.

Interim Liberal Leader Derek Mombourquette said Houston and his Progressive Conservative team did not do enough homework before drafting and tabling Bill 1.

"When you consult with people and you want to change laws or change rules, talking to people is important," he told reporters at the legislature.

Previous change to Bill 1

If Houston makes good on the change, it would be the second notable update to Bill 1 since he tabled it last week.

On Monday, the premier said he plans to withdraw the portion of Bill 1 that would have given the government the ability to fire the auditor general without cause if it had two-thirds support of the House and grant cabinet ministers the ability to suppress reports from the AG's office.

Other remaining provisions in Bill 1 include the ability for the government to fire non-unionized bureaucrats without cause, dissolving Communications Nova Scotia — the government communications firm required by legislation to be nonpartisan — and cancelling fixed election dates.