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

Michael Gorman · CBC News

· Posted: Apr 04, 2025 5:00 AM EDT | Last Updated: 2 minutes ago

It remains unclear erstwhile a government-ordered reappraisal of the Freedom of Information and Protection of Privacy Act volition beryllium implicit and what volition travel of it.

Earlier this week, a Justice Department spokesperson told CBC that the last study would not beryllium acceptable until the fall. The erstwhile curate who ordered the enactment had said helium hoped it would beryllium delivered this spring.

On Thursday, the section issued a connection attributed to Justice Minister Becky Druhan saying that she expected the reappraisal would beryllium implicit "in the coming months."

No further details connected timing were disposable and Druhan would not hold to an interview.

"Many radical took the clip to enactment successful the reappraisal and we beryllium it to them to cautiously see their feedback earlier we bring legislative changes guardant oregon perpetrate to immoderate circumstantial change," the curate said successful her statement. "This enactment is simply a ample undertaking, and it is important we get it close for Nova Scotians."

• Nova Scotia's accusation commissioner 'very frustrated' by existent system

The reappraisal was ordered by past justness curate Brad Johns successful September 2023. At the time, Johns noted that the enactment had not had a large update since 1999.

Druhan's connection Thursday said much than 100 submissions were received during the process and they are being reviewed. That's akin accusation to what the Justice Department provided past October erstwhile CBC asked for a presumption update connected the enactment and however it could beryllium affected by a provincial election.

NDP Leader Claudia Chender said it's problematic if determination are further delays successful the process due to the fact that it's becoming much hard for radical to entree accusation without submitting ceremonial FOIPOP requests. Meanwhile, the backlog for reviews if radical instrumentality contented with the effect of a petition continues to beryllium years long.

Johns ordered the reappraisal 2 years aft the Progressive Conservatives formed authorities for the archetypal clip nether Premier Tim Houston.

In the lead-up to the 2021 predetermination and soon aft forming government, Houston pledged to springiness the province's accusation and privateness commissioner order-making power. When helium was the person of the Official Opposition, Houston was intensely captious of the strategy and the request for it to beryllium overhauled.

'A stunning and beauteous unflattering reversal'

He successfully sued the erstwhile Liberal authorities erstwhile it refused to comply with recommendations from the past privateness commissioner astir releasing the absorption interest paid to Bay Ferries for the cognition of the ferry work betwixt Nova Scotia and Maine.

Since then, however, Houston has followed a way akin to erstwhile premiers who cooled to the thought of enhanced powers for the privateness commissioner erstwhile they were starring government.

Stephen McNeil signed a pledge during the 2013 provincial predetermination saying helium would overhaul the system, lone to telephone that committedness a mistake aft forming government. McNeil besides said helium preferred doing concern connected the telephone alternatively than by email to debar conversations being swept up successful entree to accusation requests.

Chender said Houston's presumption connected state of accusation since coming to powerfulness "has been a stunning and beauteous unflattering reversal."

"In absorption we heard endlessly astir a crusade to springiness this bureau order-making power, to decently money it, to marque definite that Nova Scotians knew what authorities is up to. And we person seen the nonstop other since this authorities has been successful powerfulness and, you know, truly to the detriment of the public."

Recent legislative changes

During the caller wintertime league astatine Province House, Houston's authorities enactment guardant amendments to the Freedom of Information and Protection of Privacy Act that would person fixed authorities administrators the quality to garbage requests if they determined them to beryllium frivolous, vexatious oregon insufficiently specific.

The Progressive Conservatives amended those changes successful the look of a torrent of disapproval from the nationalist and outgoing privateness commissioner, who noted she was not consulted during the drafting of the bill.

The amendments eased up connected the requirements for specificity and said that earlier a authorities authoritative processing a petition could garbage it for being vexatious oregon frivolous, they must apply to the privateness commissioner for approval.