Nova Scotia
Name of law: Freedom of Information and Protection of Privacy (FOIPOP) Act
First adopted: 1993
First adopted: 1993
Introduction
The new (2025) Nova Scotian access to information law has hardly increased the score vis-a-vis the earlier (1993) law (87 points vs. 86 points), which is certainly very disappointing. It has several weaknesses, of which the most serious are an overly broad regime of exceptions, threadbare promotional measures and weak procedures for making and processing requests. The inability of the Information Commissioner to make binding orders is another problem, which was not addressed in the new law despite political promises that it would be. Although the scoring has changed a bit, the new FOIPOP does not address most of the central shortcomings of its predecessor.
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 17 | 30 |
| 3 | Requesting Procedures | 16 | 30 |
| 4 | Exceptions & Refusal | 16 | 30 |
| 5 | Appeals | 20 | 30 |
| 6 | Sanctions & Protections | 5 | 8 |
| 7 | Promotional Measures | 6 | 16 |
| ∑ = 83 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23, [2010] 1 S.C.R. 815 . However, the right to information is only recognized as a limited and derivative right. | |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 10(1) Upon submitting an access request in accordance with this Act and paying any fees required under this Act, a person has a right of access to any record in the custody or under the control of a public body. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | 2(1) The purpose of this Act is to make public bodies accountable to the public and to protect personal privacy by (a) giving the public a right of access to records; (b) giving individuals a right of access to, and a right to request correction of, personal information about themselves; (c) specifying limited exceptions to the right of access; (d) preventing the unauthorized collection, use or disclosure of personal information by public bodies; and (e) providing for an independent review of decisions made under this Act. | No rule on interpretation. Mention of external benefits is limited to a reference to making public bodies accountable in the hat to the list of purposes, and much weaker than in the 1993 law. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 10(1) Upon submitting an access request in accordance with this Act and paying any fees required under this Act, a person has a right of access to any record in the custody or under the control of a public body. See also Interpretation Act, 7(1) In this Act and in any other enactment...(s) “person” includes a corporation and the heirs, executors, administrators or other legal representatives of a person, https://nslegislature.ca/sites/default/files/legc/statutes/interpretation.pdf | Clearly covers legal persons. Does not make it clear whether foreigners are covered but benefit of doubt given. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 3. In this Act,..."record" includes a book, document, map, drawing, photograph, letter, voucher and paper and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; 4(1) This Act applies to all records in the custody or under the control of a public body. (2) For greater certainty, this Act applies to court administration records. (3) Notwithstanding subsection (1), this Act does not apply to...(g) a record that is created by or is in the custody of the Commissioner, the Conflict of Interest Commissioner appointed under the Conflict of Interest Act or the Ombudsman appointed under the Ombudsman Act and that relates to the exercise of that person's functions under an enactment; | Broad definition of record although computer programmes excluded. S. 4 also excludes various other types of information, but these are mostly addressed in this Rating either under which bodies are covered or exceptions. But one point deducted here because it does not include information held by the Conflict of Interest Commissioner, Ombudsman or Information and Privacy Commissioner which is related to their work under their respective laws. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 3. In this Act,..."information" means content contained in a record;..."record" includes a book, document, map, drawing, photograph, letter, voucher and paper and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records . 10(1) Upon submitting an access request in accordance with this Act and paying any fees required under this Act, a person has a right of access to any record in the custody or under the control of a public body. 24(2) Where the requested record is a sound recording, the head of a public body may, in addition to other permissible means of giving access, give access to the record by providing the applicant with a transcript of the sound recording. (3) Where the requested information is in electronic form in the custody or under the control of a public body, the head of a public body shall produce a record for an applicant if (a) the record can be produced using the normal computer hardware and software and technical capabilities of the public body; and (b) producing the record would not unreasonably interfere with the operations of the public body. (4) Where the requested information is in electronic form that is in the custody or under the control of a public body, the head of the public body shall, where requested by the applicant, produce the information for the applicant in an electronic form that is capable of re-use if (a) the information can be provided in that form using the normal computer hardware and software and technical capabilities of the public body; (b) producing the information in that form would not unreasonably interfere with the operations of the public body; and (c) it is reasonably practicable to do so. | Not as explicit on this as it could be, and s. 10(1) only refers to right to access records, but s. 24(3) introduces an obligation to create a record from electronically held info., subject to some exceptions. Some benefit of doubt given. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 3. In this Act,…"local public body" means (a) a hospital; (b) a university; (c) an education entity as defined in the Education Act; (d) the Nova Scotia Community College established by the Community Colleges Act; or (e) a municipality; "public body" means (a) a department; (b) a board, commission, foundation, agency, tribunal, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which (i) are appointed by the Governor in Council, or (ii) where not so appointed, in the discharge of their duties are public officers or servants of the Crown; (c) the Public Archives of Nova Scotia; (d) a local public body; or (e) a body designated by the regulations as a public body or falling within a class of bodies prescribed by the regulations as public bodies, but, for greater certainty, does not include the Office of the Legislative Counsel or the constituency office of a member of the House of Assembly; 4(1) This Act applies to all records in the custody or under the control of a public body…(3) Notwithstanding subsection (1), this Act does not apply to (h) a record of a question that is to be used on an examination or test; (i) a record placed in the custody of the Public Archives of Nova Scotia by or for a person, agency or other organization, other than a public body; (j) a record placed in the archives of a public body by or for a person, agency or other organization other than the public body; 143 (1) The Governor in Council may make regulations (a) designating a body as a public body or a class of bodies as public bodies; | Exclusions for examinations. Regarding arms-length bodies, only covers those for which all of the members of the board are appointed by or work for government. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | 3. In this Act,…"public body" means...but, for greater certainty, does not include the Office of the Legislative Counsel or the constituency office of a member of the House of Assembly; | The legislature is not included in the definition of a public body and the Office of the Legislative Council and constituency offices are explicitly excluded. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 3. In this Act…"public body" means (b) a board, commission, foundation, agency, tribunal, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which (i) are appointed by the Governor in Council, or (ii) where not so appointed, in the discharge of their duties are public officers or servants of the Crown; "judicial administration record" means a record containing information relating to a judge, including (a) a scheduling of judges and trials; (b) content of judicial training programs; and (c) statistics of judicial activity prepared by or for a judge; 4(1) This Act applies to all records in the custody or under the control of a public body. (2) For greater certainty, this Act applies to court administration records. (3) Notwithstanding subsection (1), this Act does not apply to…(d) a record of a judge of the Nova Scotia Court of Appeal, the Supreme Court, the Family Court of Nova Scotia or the Provincial Court of Nova Scotia or relating to support services provided to the judges of those courts; (e) a judicial administration record; (f) a note, communication or draft decision of a person acting in a judicial or quasi-judicial capacity; | Applies to "court administration records" (not defined) but not to records of judges and records related to support services for judges, judicial administrative records (defined) or notes, communications or draft decisions by members of the judiciary. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 3. In this Act…"public body" means (b) a board, commission, foundation, agency, tribunal, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which (i) are appointed by the Governor in Council, or (ii) where not so appointed, in the discharge of their duties are public officers or servants of the Crown; 143 (1) The Governor in Council may make regulations (a) designating a body as a public body or a class of bodies as public bodies; | Applies if all members or board members appointed by government but otherwise only if government chooses to designate them when government controls them. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3. In this Act…"public body" means (b) a board, commission, foundation, agency, tribunal, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which (i) are appointed by the Governor in Council, or (ii) where not so appointed, in the discharge of their duties are public officers or servants of the Crown. | Exclusion for records of commissioners dealt with under Indicator 5. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 3. In this Act…"public body" means (b) a board, commission, foundation, agency, tribunal, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which (i) are appointed by the Governor in Council, or (ii) where not so appointed, in the discharge of their duties are public officers or servants of the Crown. | Only applies if the government designates them or if board/members appointed by the Governor in Council, so basically does not extend to these bodies. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 12(1) A person may request access to a record by submitting a written access request to the public body that has custody or control of the record, accompanied by the application fee required under Section 25. (2) An access request must specify the topic or issue of the requested record with sufficient particulars to enable an individual familiar with the topic or issue to identify the record and the applicant shall make reasonable efforts to list particulars, such as time, place, event and subject. (3) For greater certainty, an applicant shall specify the record requested or, where the record is not known to the applicant, provide sufficient particulars and make reasonable efforts to list particulars, such as time, place, event and subject, to enable a person familiar with the topic or issue to identify the requested record. (4) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the applicant must specify the topic or issue of the requested records with reasonable efforts to provide additional particulars, such as time, place, event and subject. (5) An access request must specify whether the applicant wishes to examine the record or to obtain a copy of the record. | Reasons are not listed among the information to be included in requests. The list is incomplete since it does not mention a means for delivering information, but benefit of the doubt given. It would be better, however, if reasons were explicitly not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 12(1) A person may request access to a record by submitting a written access request to the public body that has custody or control of the record, accompanied by the application fee required under Section 25. (2) An access request must specify the topic or issue of the requested record with sufficient particulars to enable an individual familiar with the topic or issue to identify the record and the applicant shall make reasonable efforts to list particulars, such as time, place, event and subject. (3) For greater certainty, an applicant shall specify the record requested or, where the record is not known to the applicant, provide sufficient particulars and make reasonable efforts to list particulars, such as time, place, event and subject, to enable a person familiar with the topic or issue to identify the requested record. (4) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the applicant must specify the topic or issue of the requested records with reasonable efforts to provide additional particulars, such as time, place, event and subject. (5) An access request must specify whether the applicant wishes to examine the record or to obtain a copy of the record. | No formal requirement to provide a name or to give other identifying information. However, placing an obligation on the requester to make an effort to provide particulars such as time, place and event is not better practice. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 12 (1) A person may request access to a record by submitting a written access request to the public body that has custody or control of the record, accompanied by the application fee required under Section 25. (2) An access request must specify the topic or issue of the requested record with sufficient particulars to enable an individual familiar with the topic or issue to identify the record and the applicant shall make reasonable efforts to list particulars, such as time, place, event and subject. (3) For greater certainty, an applicant shall specify the record requested or, where the record is not known to the applicant, provide sufficient particulars and make reasonable efforts to list particulars, such as time, place, event and subject, to enable a person familiar with the topic or issue to identify the requested record. (4) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the applicant must specify the topic or issue of the requested records with reasonable efforts to provide additional particulars, such as time, place, event and subject. (5) An access request must specify whether the applicant wishes to examine the record or to obtain a copy of the record. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 13. The head of a public body shall make every reasonable effort to (a) assist a person in making an access request, including assisting a person to complete the access request with the information required by clause 12(2). 14. Subject to clause 13(a), an access request that does not contain the information required by clause 12(2) is incomplete and is deemed not to have been received by the public body. 21(1) The head of a public body to which an access request is made may extend the time for response referred to in clause 20(1)(a) for a period not exceeding an additional 30 business days (a) if supplementary information about the requested record is required from the applicant in order to process the access request and additional time is required for such information to be provided; | Reformulation of unclear requests implied in 20(1)(a) but would be better if this were a clear duty. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | Nova Scotia Accessibility Act, c. 2, Nova Scotia Human Rights Act, R.S., c. 214. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | Not mentioned | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | '18(1) The head of the public body may, within 10 business days after an access request is received by a public body or within such longer time as the Commissioner may approve, transfer the request and, where necessary, the record to another public body if (a) the record was produced by or for the other public body; (b) the other public body was the first to obtain the record; or (c) the record is in the custody or under the control of the other public body. (2) Where a request is transferred under subsection (1), (a) the head of the public body who transferred the request shall notify the applicant of the transfer; and (b) the head of the public body to which the request is transferred shall treat the access request in the same manner as if the applicant had submitted the access request to that public body on the date on which the request is transferred. | Provides for transfers but for overly broad reasons, including simply that the other body holds the record (or created the record, was first to obtain the record, etc.). Also gives 10 business days to transfer, which is too long. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 12(5) An access request must specify whether the applicant wishes to examine the record or to obtain a copy of the record. 24(1) Where access to a record is granted, the head of the public body shall, subject to the payment of all fees required under this Act, (a) in the case that the applicant requested a copy of the record and the record can reasonably be reproduced by the deadline for response to the access request, provide a copy of the record with the response to the access request; (b) in the case that the applicant requested a copy of the record and the record can reasonably be reproduced but cannot reasonably be reproduced by the deadline for response to the access request, (i) provide the applicant with the reason that the copy of the record could not reasonably be reproduced by the deadline for response to the access request, and (ii) notify the applicant in the response to the access report that a copy of the record will be provided by a later specified date; or (c) in the case that the applicant requested to examine the record or where the record cannot reasonably be reproduced, (i) permit the applicant to examine the record, or (ii) provide access in such manner as may be prescribed by the regulations. (2) Where the requested record is a sound recording, the head of a public body may, in addition to other permissible means of giving access, give access to the record by providing the applicant with a transcript of the sound recording. (3) Where the requested information is in electronic form in the custody or under the control of a public body, the head of a public body shall produce a record for an applicant if (a) the record can be produced using the normal computer hardware and software and technical capabilities of the public body; and (b) producing the record would not unreasonably interfere with the operations of the public body. (4) Where the requested information is in electronic form that is in the custody or under the control of a public body, the head of the public body shall, where requested by the applicant, produce the information for the applicant in an electronic form that is capable of re-use if (a) the information can be provided in that form using the normal computer hardware and software and technical capabilities of the public body; (b) producing the information in that form would not unreasonably interfere with the operations of the public body; and (c) it is reasonably practicable to do so. | Requester can request to get a copy or inspect the records. Transcriptions may be provided for sound recordings, but this is discretionary. There is a duty to also produce, upon request, information in an electronic form capable of reuse, subject to certain exceptions. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 13. The head of a public body shall make every reasonable effort to...(b) respond to an access request openly, accurately, completely and without unreasonable delay. | "without unreasonable delay" hints at this but does not state it directly so partial credit given. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | NO | 0 | 20(1) Except where the head of the public body has disregarded the access request under Section 16 or has transferred the access request to another public body under Section 18, the head of a public body to which an access request is made shall respond in writing to the access request (a) within 30 business days after receipt of the access request; or (b) where the time for response has been extended under Section 21, within the extended time for response. (2) Business days occurring during the following periods are not considered for the purpose of calculating the time referred to in clause (1)(a) or (b): (a) the period beginning the day the head of the public body applies to the Commissioner under Section 16 for approval to disregard the access request and the day on which the written report of the Commissioner's decision is provided denying the application; (b) the period beginning the day the head of the public body gives a fee estimate to an applicant under Section 26 and the day on which the applicant accepts the fee estimate or a revised fee estimate; and (c) the period beginning the day an access review request is filed for a review of any decision, act or failure to act of the head of the public body that relates to the access request and ending the day on which the head of the public body receives the Commissioner's review report or is notified that the access review is otherwise disposed of. | 30 business days (as opposed to calendar days in the previous law). 17 also allows for refusing requests where the information will be made public in 30 business days, which is a relatively tight scheme for this. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | NO | 0 | 21(1) The head of a public body to which an access request is made may extend the time for response referred to in clause 20(1)(a) for a period not exceeding an additional 30 business days (a) if supplementary information about the requested record is required from the applicant in order to process the access request and additional time is required for such information to be provided; (b) if additional time is required to process the access request due to (i) the number of records requested in the access request, (ii) the number of records that must be searched in order to process the access request, or (iii) the number of access requests made to the public body by the same applicant; (c) if responding to the access request within the time referred to in referred to in clause 20(1)(a) would unreasonably interfere with the operations of the public body; (d) if notice has been provided to a third party under Section 50 and additional time is required to consider the representations of the third party; (e) if the head of the public body has, under Section 19, initiated consultation with another public body, the government of a province of Canada or the Government of Canada and additional time is required to complete the consultation; (f) if the head of the public body determines that extraordinary circumstances exist; or (g) in such other circumstances as may be prescribed by the regulations. (2) In addition to an extension under subsection (1), the head of the public body may, with the approval of the Commissioner, further extend the time for response for any period. (3) Upon extending the time for response under subsection (1) or (2), the head shall (a) notify the applicant of the extension and provide the reason for the extension; (b) inform the applicant that the applicant may (i) in the case of an extension under subsection (1), make an access request review application or, under Section 90, appeal the decision of the head of the public body directly to the Supreme Court, (ii) in the case an extension under subsection (2), appeal the decision of the head of the public body directly to the Supreme Court under Section 90. (4) Notwithstanding subsection (1) and (2), the head of a public body to which an access request is made may extend the time for response for any period if the applicant has consented in writing to the extension. | Bodies may extend for another 30 business days on their own motion, while informing the applicant, and then beyond this with the permission of the Commissioner. The requirement for Commissioner approval for longer extensions is positive although no conditions are placed on this either as to time or justification. And one point deducted due to excessive time limits. Also, it is not explicit that the decison to extend (and hence notification to applicant) must be done within the original 30 days. In addition, grounds for extending include multiple requests by same applicant or the head deems there to be "extraordinary circumstances", both of which are new in the amended act. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | NO | 0 | 12(1) A person may request access to a record by submitting a written access request to the public body that has custody or control of the record, accompanied by the application fee required under Section 25. 25(1) Subject to subsection (2), an applicant who makes an access request shall pay to the public body the application fee prescribed by the regulations. (2) An applicant is not required to pay an application fee for an access request for the applicant's own personal information. | Currently set at $5 by regulation but no limit in the legislation on this fee. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | NO | 0 | 26(1) Subject to subsections (2) and (3), the head of a public body may require an applicant to pay to the public body a fee for the following services: (a) locating, retrieving and producing the record; (b) preparing the record for disclosure; (c) shipping and handling the record; and (d) providing a copy of the record. (2) An applicant is not required to pay a fee for the first three hours spent by the public body on the services referred to in subsection (1), collectively. (3) An applicant is not required to pay a fee under this Section for an access request for the applicant's own personal information. | Not just limited to reproduction and delivery costs. Locating, retrieving and producing records, as well as preparing for disclosure, are subject to fees. Positively first three hours are free (whereas only two were free under the previous FOIPOP). |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | Partially | 1 | 26(4) The head of a public body may excuse an applicant from paying all or part of a fee referred to in this Section if, in the head's opinion, (a) the applicant cannot afford the payment or for any other reason it is fair to excuse payment; or (b) the record relates to a matter of public interest, including the environment or public health or safety. | Fees may be waived where, in the public body's view, the applicant cannot pay or the record relates to a matter of public interest. However, this is discretionary and in practice fee waivers are not always awarded for public interest requests. Regulations may set additional rules for fees. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Open Government Licence, https://novascotia.ca/opendata/licence.asp | Nova Scotia does have an open government licence but its scope and applicability are limited. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | '6(1) Where there is a conflict between this Act and a provision of any other enactment and the provision of the other enactment restricts or prohibits access by any person to a record, this Act prevails over the provision of the other enactment unless the regulations provide that the provision of the other enactment prevails over this Act. (2) Notwithstanding subsection (1), the following provisions prevail over this Act: [LIST OF 23 PROVISIONS FOLLOWS] 7. Notwithstanding any other provision in this Act, the provisions in the Vital Statistics Act relating to (a) rights of access to personal information, including the right to request a search of personal information; (b) remedial rights relating to the rights described in clause (a); (c) correction of personal information; and (d) procedures relating to the matters referred to in clauses (a) to (c), including the payment of fees and the searching of and obtaining access to personal information, apply in place of the provisions in this Act respecting the matters in clauses (a) to (d). 8. Notwithstanding any other provision of this Act, Section 53A of the Children and Family Services Act applies in place of this Act with respect to an application for disclosure of the information referred to in that Section and the disclosure of that information. 36 (2) The head of a public body may refuse to disclose information to an applicant if the information (a) is in a law-enforcement record and the disclosure would be an offence pursuant to an enactment; | Formally, the FOIPOP generally prevails. However, it it lists numerous provisions in other laws to which this does not apply, many of which do not meet the three-part test for exceptions. The exception in 36(2) also incorporates other laws. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 32(1) In this Section, "Executive Council record" means (a) advice, recommendations or policy considerations submitted or prepared for submission to the Executive Council; (b) draft legislation or regulations submitted or prepared for submission to the Executive Council; (c) a report and recommendation, memorandum or presentation, the purpose of which is to present proposals or recommendations to the Executive Council, including any schedules and any supplementary or supporting documents submitted with the report and recommendation, memorandum or presentation; (d) a discussion paper or briefing material prepared for the Executive Council, other than a section of the paper or material that consists of background information; (e) an agenda, minute or other record of the Executive Council recording deliberations or decisions of the Executive Council; (f) a record created by for or by a member of Executive Council for the purpose of briefing that member on a matter for the Executive Council; (g) a record created by the Executive Council Office to aid Cabinet in its deliberations on a submission; or (h) a portion of a record that contains information about the contents of a record within a class of information referred to in clauses (a) to (g). (2) The head of a public body shall refuse to disclose to an applicant (a) an Executive Council record; and (b) any information in a record, other than an Executive Council record, that would reveal the substance of deliberations of the Executive Council. (3) Subsection (2) does not apply if the record that is the subject of the access request has been in existence for 15 years or more. (4) Clause (2)(b) does not apply to background information in a record other than an Executive Council record if (a) the decision of Executive Council to which the record relates has been made public; (b) the decision of Executive Council to which the record relates has been implemented; or (c) five or more years have passed since Executive Council made or considered the decision to which the record relates. 33(1) The head of a public body that is a municipality may refuse to disclose to an applicant information that would disclose the minutes or substance of the deliberations of a meeting of the municipal council, village commission, service commission or municipal body, as the case may be, that is held in private, as authorized by law. 35 (1) The head of a public body may refuse to disclose to an applicant information that would reveal (a) advice, proposals or recommendations developed by or for a public body or a minister; or (b) draft regulations developed by or for a public body or a minister. 40(1) The head of a public body may refuse to disclose to an applicant information the disclosure of which could reasonably be expected to harm the financial or economic interests of a public body or the Government or the ability of the Government to manage the economy; | 32 - Executive Council records; 33/35 - municipal and other deliberations; 40(1) - financial or economic interests too broad - not just ability to manage economy - and some not harm tested either. New provision on vexatious requests in 16 defined far too broadly but at least requires Commissioner approval so not points taken. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | 31(1) The head of a public body may refuse to disclose information to an applicant if the information could reasonably be expected to reveal information provided in confidence, either explicitly or implicitly, by any of the following entities or an agency of any of the following entities [list of other levels of government provided]; 36(1) The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to...(f) reveal any information relating to or used in the exercise of prosecutorial discretion; (h) reveal a record that has been confiscated from a person by a peace officer in accordance with an enactment; 37. The head of a public body may refuse to disclose to an applicant information the disclosure of which could reasonably be expected to reveal, or lead to the revealing of, measures put in place to protect the security of information stored in electronic form from unauthorized access or disclosure.; 38. The head of a public body may refuse to disclose to an applicant video surveillance, floor plans, schematics, security policies or any other information if disclosure could reasonably be expected to reveal, or lead to the reveal of, measures put in place to protect the security of any physical property of the public body or the users of that property.; 41. The head of a public body may refuse to disclose to an applicant information that would reveal (a) (a) labour relations information of the public body as an employer that is prepared or supplied in confidence, either implicitly or explicitly, and is treated consistently as confidential information by the public body as an employer. 46(1) The head of a local public body may refuse to disclose details of the academic research being conducted by an employee of the local public body in the course of the employee's employment. (2) Notwithstanding subsection (1), where possible, the head of a local public body shall disclose the title and amount of funding being received with respect to the academic research referred to in subsection (1). 49(2) The head of a public body shall refuse to disclose to an applicant information that was obtained from a third party's tax return or gathered for the purpose of determining tax liability of, or collecting a tax from, a third party. | 31 - provided in confidence by other governments; 36(1) - law enforcement is not harm tested in all places; 37 - measures for information security; 38 - security measures; 41(a) - labour relations information supplied in confidence; 46 -academic research by local bodies; 49(2) - tax information. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 72. A public body may disclose personal information for a research purpose, including a statistical research purpose, if (a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form; (b) any data-linking is not harmful to the individual the information is about and the benefits to be derived from the data-linking are clearly in the public interest; (c) the head of the public body concerned has approved conditions relating to (i) security and confidentiality, (ii) the removal or destruction of individual identifiers at the earliest reasonable time, (iii) the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of that public body, and (iv) any other matter prescribed by the regulations; and (d) the person to whom that information is disclosed has signed an agreement to comply with the conditions approved by the head of the public body, this Act and any of the public body's policies and procedures relating to the confidentiality of personal information. 75(1) Whether or not an access request is made, the head of a public body may disclose to the public, to an affected group of people or to an applicant information (a) about a risk of significant harm to the environment or to the health or safety of the public or a group of people; or (b) the disclosure of which is, for any other reason, clearly in the public interest. | Limited and conditioned public interest override for personal info. for research in 72. More general override in 75 but discretionary and must be "clearly" in the public interest. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 30(5) Subsections (1) to (4) do not apply to information in a record that has been in existence for 15 or more years. 31(5) Subsections (1) to (4) do not apply if (a) the information is in a record that has been in existence for 15 years or more; 32(3) Subsection (2) does not apply if the record that is the subject of the access request has been in existence for 15 years or more. (4) Clause (2)(b) does not apply to background information in a record other than an Executive Council record if (c) five or more years have passed since Executive Council made or considered the decision to which the record relates. 33(2) Subsection (1) does not apply (a) if the record that is the subject of the access request has been in existence for 15 years or more; 34(2) Subsection (1) does not apply if (b) the record that is the subject of the access request has been in existence for 15 years or more. 35(4) Subsections (1) and (2) do not apply to information in a record that has been in existence for five or more years. | Sunset clauses apply to only a very few exceptions, some of which are not legitimate in the first place. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 50(1) Upon receiving an access request for a record that the head of a public body has reason to believe contains information the disclosure of which must be refused under Section 48 or 49, the head of the public body shall, where practicable, promptly give the third party a notice that (a) states that an access request has been made for a record containing information the disclosure of which may affect the interests or invade the personal privacy of the third party; (b) provides or describes the content of the record or part of the record for which access is requested; and (c) informs the third party that the third party may, within 14 business days after receipt of the notice, either (i) consent in writing to the disclosure, or (ii) make written representations to the public body explaining why the information should not be disclosed. (2) Notwithstanding subsection (1), that subsection does not apply if (a) the head of the public body decides, after examining the request and any relevant records, to refuse to disclose the record; or (b) where the regulations so provide, it is not practicable to give notice under that subsection. (3) When notice is given under subsection (1), the head of the public body shall also give the applicant a notice stating (a) that the record requested by the applicant contains information the disclosure of which may affect the interests or invade the personal privacy of a third party; and (b) that the third party is being given an opportunity to make representations concerning disclosure. (4) For greater certainty, the time for response to an access request specified in clause 20(1)(a) is not extended by reason only that a notice is given to an applicant under subsection (2), but that time may be extended under Section 21. 21 (1) The head of a public body to which an access request is made may extend the time for response referred to in clause 20(1)(a) for a period not exceeding an additional 30 business days...(d) if notice has been provided to a third party under Section 50 and additional time is required to consider the representations of the third party; 89...where an appeal is commenced by a third party, the head shall not give access until either the decision of the head is upheld by an order of the Supreme Court and the order becomes final by lapse of time or the decision of the head is upheld by the highest authority to which any further appeal or appeals are taken. | Provides for appropriate consultation but allows for extending timelines, and the lodging of a third-party appeal has a suspensive effect on release of the information. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 10(2) The right of access to a record does not extend to information (a) the disclosure of which the head of a public body is required or authorized to refuse under Sections 30 to 49; or (b) that is reasonably regarded as irrelevant to the applicant's request, but where that information can reasonably be severed from the record, an applicant has the right of access to the remainder of the record. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 23 (1) In a response to an access request, the head of the public body shall inform the applicant (a) whether access to the record or part of the record is granted or refused; (b) where access to the record or part of the record is granted, where, when and how access will be given; (c) where access to the record or part of the record is refused, the reasons for the refusal and the provision of this Act on which the refusal is based; and (d) that the applicant may file an access review request with the Commissioner or, under Section 90, appeal directly to the Supreme Court and of the applicable time limits for commencing a review or an appeal. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 80(1) A person who makes an access request or a correction request may ask the Commissioner to review any decision, act or failure to act of the head of the public body that relates to the access request or correction request. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 120. The Governor in Council shall appoint a person to serve full-time as the Information and Privacy Commissioner. 121. The Commissioner, by virtue of the Commissioner's position, is an officer of the House of Assembly. 122(1) A person appointed as Commissioner holds that position during good behaviour for the term determined by the Governor in Council, which must not be less than five years nor more than seven years. (2) A person may be re-appointed as Commissioner. 123(1) With the approval of the House of Assembly by a vote of a majority of the members voting on the resolution, the Governor in Council may remove the Commissioner for cause or incapacity. (2) Where the House of Assembly is not sitting, the Governor in Council may suspend the Commissioner for cause or incapacity if the President of the Executive Council and the Leader of the Opposition, in writing, advise the Governor in Council to suspend the Commissioner. (3) Where the Commissioner is suspended under subsection (2), the suspension does not continue in force beyond the end of the next sitting of the House of Assembly. 125(1) Where the Commissioner is temporarily unable to perform the Commissioner's duties or is suspended, the Governor in Council may appoint a person as an Acting Commissioner. | Commissioner is now an officer of the legislature, which is positive. However, s/he is still appointed by the Governor in Council (functionally Cabinet), although has tenure and may be removed only by a resolution of the House of Assembly (or temporarily upon recommendation of the President of the Executive Council and Leader of the Opposition) |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 121. The Commissioner, by virtue of the Commissioner's position, is an officer of the House of Assembly. 124. The Commissioner shall be paid such salary as the Governor in Council determines, which must be paid out of the General Revenue Fund of the Province. 127(2) The Commissioner shall present annually to the designated committee estimates of the sums of money that will be required by the Commissioner to conduct the activities required under this Act and any other enactment or authority, together with any estimated recoveries. (3) The designated committee shall review and may alter as it considers proper the estimates presented by the Commissioner and the Chair of the designated committee shall recommend the estimates, as altered by the designated committee, to the Department of Finance and Treasury Board for inclusion in the Government's estimates. | Budget formally approved by the legislature. Officer of House so reports to it. Unfortunate, however, that the salary of the Commissioner is set by the government (cabinet). |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | '86(1) Notwithstanding any other Act or any privilege available at law, but subject to subsection (2), the Commissioner may, in an access review or a correction review, (a) require the production of any record that is in the custody or under the control of the public body named in the access request or correction request for the purpose of examination by the Commissioner; and (b) enter and inspect any premises occupied by the public body. (2) The powers of the Commissioner under subsection (1) do not include the power to require the production of information that is subject to legal privilege or to inspect a record that is subject to legal privilege. | Power to review documents not subject to legal privilege, along with enforcement powers, and to inspect, but not to compel witnesses to appear and testify. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | 87 (1) Upon completing an access review or a correction review, the Commissioner shall (a) prepare a written report setting out the Commissioner's recommendations with respect to the matter under review and the reasons for those recommendations; (2) In a review report, the Commissioner may make any recommendations with respect to the matter under review that the Commissioner considers appropriate. 88(1) The head of the public body shall, within 30 business days after receipt of the Commissioner's report, (a) decide whether to agree to follow the recommendations of the Commissioner, in whole or in part, or to make any other decision that the head of the public body considers appropriate; and (b) give written notice of the decision to the Commissioner and the persons referred to in clause 87(1)(b). (2) Where the head of the public body decides not to follow the recommendations of the Commissioner, in whole or in part, the notice of decision must inform the recipients of their right to appeal under Section 92 and of the time limit for commencing an appeal. | Just makes recommendations and the public body is not even required to give reasons where it does not comply with those recommendations. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 87 (1) Upon completing an access review or a correction review, the Commissioner shall (a) prepare a written report setting out the Commissioner's recommendations with respect to the matter under review and the reasons for those recommendations; (2) In a review report, the Commissioner may make any recommendations with respect to the matter under review that the Commissioner considers appropriate. | There does not appear to be any limit to the power to recommend. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 90(1) An applicant that has made an access request may appeal the decision, act or failure to act of the head of the public body that relates to the access request directly to the Supreme Court if (a) the applicant has not made an access review request; and (b) either (i) no third party was notified under Section 50, or (ii) any third party notified under Section 50 consents to the appeal. 91(1) Where the head of a public body has disregarded an access request under Section 16, the applicant may appeal the decision of the public body directly to the Supreme Court. 92(1) Where the head of a public body decides under subsection 88(1) not to follow the recommendations of the Commissioner, in whole or in part, an applicant, a third party or a person permitted under subsection 84(3) to make representations in an access review or correction review may appeal that decision to the Supreme Court. (2) An appeal under subsection (1) must be commenced within 30 business days after the person appealing is notified of the decision of the head of the public body. 97(1) On an appeal under Section 90, 91 or 92, the Supreme Court shall determine the matter de novo. 98(2) Where the Supreme Court determines on appeal that the head of the public body was required or permitted under this Act to refuse to disclose a record or part of a record, the Supreme Court shall not order the head of the public to give the applicant access to the record, regardless of whether the head of the public body was required or merely permitted to refuse to disclose the record. | According to 98(2), the Supreme Court cannot review discretionary decisions not to disclose, although the Supreme Court of Canada has ruled that such decisions must take the public interest into account. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Not mentioned. | Not mentioned but benefit of the doubt given and in practice this is the case. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 80(1) A person who makes an access request or a correction request may ask the Commissioner to review any decision, act or failure to act of the head of the public body that relates to the access request or correction request (7) No access review request may be made with respect to (a) a request that is disregarded under Section 16; (b) a decision respecting an extension of time under subsection 21(2); or (c) an application fee imposed under this Act or the regulations. | Generally the grounds are broad. Carve outs just for decisions by the Commissioner to approve further extensions, decisions to disregard requests under 16 (already subject to Commissioner approval) and application fees imposed under the Act and Regulations. The latter is potentially problematic, so one point deducted. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 80(2) An access review request or correction review request under subsection (1) must be filed with the Commissioner (a) in the case of a review of a decision of the head of the public body, within 60 business days after the person asking for the review was notified of the decision; and (b) in the case of a review of an act of the head of the public body or the head's failure to act, within 60 business days of the act or failure to act. (3) A third party notified under Section 51 of a decision of the head of a public body to grant access to a record or part of a record in response to an access request may ask the Commissioner to review that decision. (4) An access review request under subsection (3) must be filed with the Commissioner within 20 business days after the third party was notified of the decision of the head of the public body. (5) Notwithstanding subsections (2) and (4), the Commissioner may in extraordinary circumstances accept an access review request or a correction review request filed after the deadline for filing the request, but the Commissioner may not accept a review request filed more than one year after the deadline. (6) An access review request or correction review request must be (a) be in writing; and (b) contain such information and be in such form as may be prescribed by the regulations. 82(1) The Commissioner may try to settle a matter that is the subject of an access review request or correction review request through mediation. (2) Where the Commissioner is unable to settle a matter through mediation within 30 business days of receiving the review request, the Commissioner shall conduct the access review or correction review, as the case may be, in accordance with Section 84. 84 (1) The Commissioner may conduct an access review or correction review in private. (2) The following persons are entitled to make representations to the Commissioner in the course of an access review or correction review: (a) the person who made the access review request or correction review request; (b) a third party or applicant who is entitled to notice under this Act; and (c) the head of the public body concerned. (3) The Commissioner may permit such other persons as the Commissioner considers appropriate to make representations in the course of an access review or a correction review. (4) The Commissioner may determine (a) whether the representations are to be made orally or in writing; (b) whether a person is permitted to be present during an access review or correction review; and (c) whether a person is permitted have access to or comment on representations made to the Commissioner by any other person. 85(1) The Commissioner may, at any stage of an access review or a correction review, refuse to conduct the review or discontinue the review if the Commissioner is of the opinion that (a) the public body has responded adequately to the matter; (b) the matter has been or could be more appropriately dealt with, initially or completely, by means of a procedure other than an access review or a correction review; (c) in the opinion of the Commissioner, there is insufficient evidence to warrant a review; (d) in the opinion of the Commissioner, the review request is trivial, frivolous or vexatious or is otherwise made in bad faith; (e) the subject-matter of the review is already the object of an ongoing review; (f) the subject-matter of the review has already been addressed by the Commissioner; or (g) it is otherwise proper or necessary to refuse to conduct or to discontinue the review. (2) Upon refusing to conduct or discontinuing an access review or a correction review, the Commissioner shall (a) notify the applicant that the Commissioner has refused to conduct the review or discontinued the review, as the case may be; (b) give the applicant the reasons for the Commissioner's decision; and (c) inform the applicant that the applicant may file a request for judicial review with the Supreme Court respecting the decision. | Reasonably clear procedures but no overall max. timeline and, in practice, delays are a major problem in the system. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | '83(1) In a review of a decision to refuse an applicant access to all or part of a record, (a) where the record or part of the record to which the applicant was refused access contains personal information about a third party, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy; (b) in any other case, the burden is on the head of a public body to prove that the applicant has no right of access to the record or part of the record. (2) In a review of a decision to give an applicant access to all or part of a record containing information that relates to a third party, (a) where the information relating to a third person is personal information, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy; and (b) in any other case, the burden is on the third party to prove that the applicant has no right of access to the record or part. | The burden is generally on the government but only for decisions to refuse access and where the case involves personal information the burden is on the applicant, while in cases involving third party commercial information, the burden is on the third party. See also 96 for burdens in court appeals (essentially the same). |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 87 (1) Upon completing an access review or a correction review, the Commissioner shall (a) prepare a written report setting out the Commissioner's recommendations with respect to the matter under review and the reasons for those recommendations; (2) In a review report, the Commissioner may make any recommendations with respect to the matter under review that the Commissioner considers appropriate. | The Commissioner can make any recommendations, presumably including as to structural measures, but this is not spelled out clearly. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | Partially | 1 | 139. A person is guilty of an offence if the person (a) wilfully collects, uses or discloses personal information in contravention of this Act or the regulations; (b) wilfully attempts to gain or gains access to personal information in contravention of this Act or the regulations; (c) wilfully obstructs the Commissioner or another person performing duties or exercising powers; (d) wilfully destroys a record or erases information in a record that is subject to this Act, or directs another person to do so, with the intent to evade a request for access to records; or (e) wilfully alters, falsifies or conceals a record that is subject to this Act, or directs another person to do so, with the intent to evade a request for access to records. 140. A person who is guilty of an offence under this Act is liable on summary conviction (a) in the case of an individual, to a fine of not more than $10,000 or imprisonment, or both; or (b) in the case of a corporation, to a fine of not more than $50,000. 141. No prosecution for an offence under this Act may be commenced more than two years after the date of the alleged offence. | Limited to actions to destroy, alter, falsify or conceal records and not other forms of obstruction. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned. | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 129. No action lies against the Commissioner or against a person holding any office or appointment under the Commissioner for anything done, or omitted to be done, in the exercise or intended exercise of a power, duty or function under this Act, unless it is shown that the Commissioner or person, as the case may be, acted in bad faith. 136(1) No action or other proceeding lies against the head of a public body or any person acting on behalf of or under the direction of the head of the public body for damages resulting from (a) the disclosure in good faith of all or part of a record under this Act or any consequences of that disclosure; or (b) the failure to give any notice required under this Act if reasonable care is taken to give the required notice. (2) Subsection (1) does not absolve the Crown in right of the Province or a public body from vicarious liability for an act or omission for which it would be vicariously liable if this Section were not in force. | 129 only provides protection to the Commissioner and his or her staff and not to other officials. 136 applies to other officials. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | Public Interest Disclosure of Wrongdoing Act, 2010, c. 42, s. 1 | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | Partially | 1 | 135(1) The head of a public body may delegate a power or duty of the head under this Act to one or more officers or employees of the public body or to another public body prescribed by the regulations.= (2) In the case of a public body that is a department, a crown corporation within the meaning of the Finance Act or an agency, board or commission of the Province, the head of a public body may delegate a power or duty of the head under this Act to one or more officers or employees of the Department of Service Nova Scotia. (3) A delegation under subsection (1) or (2) (a) must be in writing; (b) may contain any limitations, restrictions, conditions or requirements that the head of the public body considers necessary or advisable; and= (c) may not be further delegated by the officer or employee to whom it has been delegated. | The Act imposes duties on the head of a public authority but then allows him or her to delegate them. This is not better practice and does not conform to the fully meet the conditions of this indicator. In practice, processing of requests is done by a central unit for government bodies. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | Partially | 1 | 3. "Minister" means the Minister of Service Nova Scotia; 9. The Minister is responsible for the general supervision and management of this Act and the regulations. 131. In addition to any other power or duty of the Commissioner under this Act, the Commissioner may (a) inform the public about this Act; (b) monitor how Part II of this Act is administered; (c) undertake research on privacy matters; (d) on the request of a public body, provide advice and comments on privacy matters; and (e) for the purpose of clause 55(a), review and authorize the collection of personal information from sources other than the individual the information is about. | The Minister of Service is responsible for overall "supervision and management" of the Act, although this is quite general. The Commissioner's monitoring is limited to Part II of the Law (on privacy, not ATI). |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 131. In addition to any other power or duty of the Commissioner under this Act, the Commissioner may (a) inform the public about this Act; (b) monitor how Part II of this Act is administered; (c) undertake research on privacy matters; (d) on the request of a public body, provide advice and comments on privacy matters; and (e) for the purpose of clause 55(a), review and authorize the collection of personal information from sources other than the individual the information is about. | This is mentioned in 131(a), although it is discretionary and very general. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Records Management Policy, https://notices.novascotia.ca/files/corporate-admin-policy-manual/300-4-1.pdf | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | This was removed from the previous version |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 132(1) The Commissioner shall issue an annual report on the exercise of the functions of the Commissioner under this Act and shall submit the report to the Speaker of the House of Assembly for tabling in the Assembly or, where the Assembly is not then sitting, file the report with the Clerk of the Assembly. (2) The annual report of the Commissioner must include the information prescribed by the regulations. 143(1) The Governor in Council may make regulations (ad) respecting the content of the annual report to be filed by the Commissioner; | The reporting requirement is focused on obligations of the Commissioner rather than more generally, although this might be elaborated further in forthcoming Regulations. |
