The Nova Scotia government has surprised the Information and Privacy Commissioner and its supporters with unexpected changes announced in a new omnibus bill, deviating from previous promises to grant enforcement powers. These changes, under an amendment to the Freedom of Information and Protection of Privacy Act, allow public bodies to reject requests considered “trivial, frivolous, or vexatious.” Moreover, requests that are repetitive, overly broad, or lack good faith may also be declined.
The Department of Justice, responsible for overseeing the act, stated that the amendment aims to optimize resource utilization, given the management of over 400 active information requests weekly. Despite the Information and Privacy Commissioner endorsing the idea of dismissing frivolous or vexatious requests in a June 2017 report, the proposed legislation now grants this authority to public bodies instead of the commissioner.
Following the bill briefing last week, the commissioner expressed disappointment at not being consulted about the changes beforehand. The new legislation mandates public bodies to respond to freedom of information requests within 14 days, with an option for applicants to seek a review by the commissioner within the same timeframe.
There have been concerns raised by experts and stakeholders about the government’s commitment to information access in Nova Scotia, especially in light of the significant power shift regarding request denials. The move has sparked debates over the potential impact on democratic checks and balances, with critics questioning the government’s motives and the criteria for labeling requests as “vexatious.”
Comparatively, other provinces like Newfoundland and Labrador, New Brunswick, and British Columbia have similar rules on handling such requests, although Alberta is undergoing legislative changes following a shift in decision-making authority from the commissioner to public bodies. The proposed changes in Nova Scotia have prompted disappointment and skepticism among observers and former officials, who had hoped for a more robust and effective freedom of information framework in the province.
