BILL NO. 13

1st Session, 58th General Assembly
Nova Scotia
48 Elizabeth II, 1999



Private Member's Bill



Freedom of Information and Protection of Privacy Act
(amended)



Howard Epstein
Halifax-Chebucto



First Reading: November 2, 1999

(Explanatory Notes)

Second Reading:

Third Reading:

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Explanatory Notes

Clause 1

(a) includes disciplinary proceedings of a self-governing professional or trade association within the definition of "law enforcement";

(b) includes within the definition of "public body" municipal units, school boards, universities and colleges, any entity carrying out work that provides for the expenditure of public money as a result of the entity being in a public-private partnership, the Office of the Speaker of the House of Assembly and any agency, association, board, commission, corporation, office, society and other body

(c) adds to the Freedom of Information and Protection of Privacy Act a definition of a self-governing professional or trade association; and

(d) provides that the Act does not apply to municipal units, school boards, universities, colleges, hospitals and self-governing professional and trade associations until the expiration of 365 days after the day on which this Bill receives Royal Assent.

Clause 2

(a) makes the Act apply to the records of a review officer; and

(b) exempts from the application of the Act

Clause 3 preserves existing statutory rights of access to municipal records and to the records of school boards.

Clause 4

(a) prohibits the identity of an applicant for access to information from being disclosed to a third party without the permission of the applicant; and

(b) provides that, where the head of a public body is of the opinion that a request for access to a record is too vague to enable the request to be processed at a reasonable cost, the head shall so notify the applicant within seven days after the request is received and shall make every reasonable effort to assist the applicant in making the request specific enough to be processed at a reasonable cost.

Subclause 5(1) provides that where a public body has made one or more deletions from a record that is provided to an applicant, the head of the public body shall notify the applicant of the provision of the Act on which the head relies as authority for making each deletion.

Subclause 5(2) requires the head of a public body to provide to an applicant who is given access to records an affidavit of the head to the effect that, to the knowledge of the head, the records to which the applicant is given access are all the records in the possession of the public body relating to the request to which the applicant is entitled to access under the Act.

Subclause 6(1) requires a public body, when providing an applicant with an estimate of the amount of fees, to also provide the applicant with a breakdown of the fees.

Subclause 6(2) provides that, where a public body provides an applicant with an estimate of the fees chargeable for services in responding to a request for information, the amount of the fee shall not exceed the estimated amount.

Subclause 6(3) adds to the list of factors that the head of a public body considers when deciding whether not to waive fees that may be charged to cover expenses incurred in responding to a request pursuant to the Act.

Subclause 6(4)

(a) provides that where a review officer concludes that a public body has, with respect to a request, failed to do anything within any time limit prescribed by the Act or has otherwise violated the Act, the public body loses the right to charge a fee for responding to the request and must refund any fee that has been paid; and

(b) provides for binding arbitration by a review officer of a dispute respecting fees charged by a public body for services in responding to a request for information.

Clause 7

(a) enables the head of a public body to refuse to disclose municipal police investigative records that have been in existence for less than twenty years; and

(b) sets out the types of records that the head of a municipal unit may refuse to disclose.

Clause 8 allows the head of a self-governing professional or trade association, when assessing whether an access request is an unreasonable invasion of privacy, to consider whether disclosure is consistent with the object or mandate of the society to protect the public interest.

Clause 9 prohibits the head of a public body from disclosing information that is subject to solicitor-client privilege unless the public body is the client or the client consents to the disclosure.

Clause 10 makes it clear that an applicant may ask for the review of a decision by the head of a public body that a request is too vague to be processed at a reasonable cost.

Clause 11 repeals the present provisions of the Act dealing with the designation, term of office, tenure and redesignation of review officers and replaces it with new provisions providing for the appointment, salary and tenure of an Information Commissioner and review officers.

Clause 12 requires the head of a public body to give detailed reasons for a decision not to follow the recommendation of a review officer.

Clause 13

(a) entitles the Information Commissioner to appeal to the Supreme Court of Nova Scotia from a decision of the head of a public body not to follow the recommendation of a review officer; and

(b) repeals a provision that barred a review officer from being a party to an appeal.

Subclause 14(1) creates new offences.

Subclause 14(2) adds a definition of "personal-information bank" to the Act.

Clause 15 provides that a report of a review officer is open to public inspection.

Clause 16 repeals a provision that empowers the Governor in Council to designate certain entities as public bodies, since Clause 1 of this Bill makes such entities public bodies.

Clause 17 requires the Governor in Council to provide for a review of the Act every three years.

Clause 18 adds to the Act

(a) a Schedule A that lists existing bodies that would be, by reason of the existing provisions of the Act and the amendments made by Clause 1, public bodies, other than self-governing professional or trade associations, within the meaning of the Act;

(b) a Schedule B that lists existing bodies that would be, by reason of Clause 1, self-governing professional or trade associations within the meaning of the Act.

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An Act to Amend Chapter 5
of the Acts of 1993,
the Freedom of Information
and Protection of Privacy Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Section 3 of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out "and" at the end of subclause (e)(ii);

(c) adding "and" immediately after subclause (e)(iii);

(d) adding immediately after subclause (e)(iii) the following subclause:

(e) striking out "or" at the end of subclause (j)(ii);

(f) striking out subclause (j)(iii) and substituting the following subclauses:

(g) adding immediately after clause (l) the following clause:

and, without restricting the generality of the foregoing, includes those bodies referred to in Schedule B to this Act;

and

(h) adding the following subsection:

(2) Subclauses 3(j)(v), (vi), (vii) and (viii) of Chapter 5, as enacted by subsection (1), come into force on the expiration of three hundred and sixty-five days after this Act receives Royal Assent.

2 Subsection 4(2) of Chapter 5 is amended by

(a) striking out the comma in the fourth line of clause (e) and substituting "and";

(b) striking out "or a review officer" in the fourth and fifth lines of clause (e);

(c) striking out "or" at the end of clause (h);

(d) striking out the period at the end of clause (i) and substituting a semicolon; and

(e) adding immediately after clause (i) the following clauses:

3 Section 5 of Chapter 5 is amended by adding immediately after subsection (3) the following subsection:

4 Section 6 of Chapter 5 is amended by adding immediately after subsection (2) the following subsections:

5 (1) Subclause 8(1)(a)(i) is amended by adding "and, where one or more deletions have been made from the record, refer the applicant to the provision of this Act on which the head relies as authority for making each deletion" immediately after "response" in the second line.

(2) Section 8 is further amended by adding immediately after subsection (3) the following subsection:

6 (1) Subsection 11 (5) is amended by adding "and a statement showing the amount of the fee for each service included in the estimate" immediately after "services" in the last line.

(2) Section 11 is further amended by adding immediately after subsection (5) the following subsection:

(3) Subsection 11(7) of Chapter 5 is amended by

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting a semicolon;

(c) adding immediately after clause (b) the following clauses:

(4) Section 11 is further amended by adding immediately after subsection (8) the following subsections:

7 Section 13 of Chapter 5 is amended by adding immediately after subsection (1) the following subsections:

8 Subsection 20(2) of Chapter 5 is amended by

(a) striking out "and" at the end of clause (g);

(b) striking out the period at the end of clause (h) and substituting "; and"; and

(c) adding immediately after clause (h) the following clause:

9 Section 21 of Chapter 5 is amended by adding immediately after subsection (2) the following subsection:

10 Section 32 is amended by adding immediately after subsection (2) the following subsection:

11 Section 33 of Chapter 5 is repealed and the following Section substituted:

12 Subsection 40(2) of Chapter 5 is amended by adding "give to the persons who were sent a copy of the report detailed written reasons for the decision not to follow the recommendation and" immediately before "inform" in the third line.

13 (1) Section 41 of Chapter 5 is amended by adding immediately after subsection (1) the following subsection:

(2) Subsection 41(2) of Chapter 5 is amended by striking out "by an applicant" in the third line.

(3) Subsection 41(5) of Chapter 5 is repealed.

14 (1) Section 47 of Chapter 5 is amended by adding immediately after subsection (1) the following subsection:

(2) Section 48 is further amended by adding immediately after subsection 7 the following subsection:

15 Chapter 5 is further amended by adding immediately after Section 48 the following Section:

16 Clause 49(1)(f) of Chapter 5 is repealed.

17 Section 50 of Chapter 5 is repealed and the following Section substituted:

18 Chapter 5 is further amended by adding immediately after Section 52 the following Schedules:

SCHEDULE A

Aberdeen Hospital

Acadia University Foundation

Adoption Appeal Committee

Advisory Commission on AIDS

Advisory Council on the Status of Women

Agricultural College Foundation, Nova Scotia

Alcohol and Gaming Authority

All Saints Hospital

Annapolis General Hospital

Apple Maggot Control Board

Art Gallery of Nova Scotia

Artificial Insemination Advisory Board

Atlantic Police Academy Advisory Council

Atlantic Provinces Special Education Authority

Atlantic Provinces Transportation Commission

Atlantic School of Theology Foundation

Bayview Memorial Hospital

Bedford Waterfront Development Corporation

Beef Commission, Nova Scotia

Black Students, Education Incentive Program for

Blueberry Institute, Nova Scotia

Board of Appeal - Education Act

Board of Chiropractors

Board of Directors Prevention of Cruelty to Animals

Board of Dispensing Opticians

Board of Examiners Barbers Act

Board of Examiners for Certification of Blasters

Board of Examiners in Hairdressing

Board of Examiners L.P. Gas Regulations

Board of Examiners in Optometry

Board of Examiners in Pharmacy

Board of Examiners in Psychology

Board of Examiners under the Scalers Act

Board of Examiners in Social Work

Board of Examiners under the Stationary Engineers Act

Board of Nova Scotia Occupational Therapists

Board of Registration of Embalmers & Funeral Directors

Board of Registration of Nursing Assistants

Board of Trustees Long Term Disability

Boxing Authority, Nova Scotia

Buchanan Memorial Hospital

Building Advisory Committee, Nova Scotia

Business Development Corporation, Nova Scotia

Canada/Nova Scotia Agricultural Employment Committee

Canada Winter Games Chef de Mission and Mission Staff Nova Scotia

Canada-Nova Scotia Offshore Petroleum Board

Canadian Centre for Occupational Health & Safety

Cape Breton Development Corporation

Cape Breton Regional Hospital

Children and Family Services Act Advisory Committee

Civil Service Classification Appeal Tribunal

Civil Service Employee Relations Board

Clinical Trials Atlantic Corporation

Coal Mines Regulation Act - Board of Examiners

Coal Mines Regulation Act - Inspectors

Cobequid Multi-Service Centre

Collection Act - Examiners & Special Examiners

College de l'Acadie - Minister's Advisory Committee

Community College Board, Nova Scotia

Conseil Scolaire Acadien Provincial

Construction Industry Panel, Labour Relations Board

Correctional Facilities Employee Relations Board

Council of Applied Science and Technology

Council on Higher Education, Nova Scotia

Credit Union Deposit Insurance Corporation

Crop & Livestock Arbitration Board, Nova Scotia

Crop & Livestock Insurance Commission, Nova Scotia

Crop Development Institute

Cumberland Development Authority

Dairy Commission, Nova Scotia

Dairy Industry Advisory Committee

Dalhousie University Foundation

Dartmouth Hospital

Dartmouth Senior Care Society

Dartmouth Sportsplex Commission

Deer Farming Advisory Committee

Dental Board, Provincial

Denturists Licensing Board

Digby General Hospital

Disabled Persons' Commission

Eastern Kings Memorial Hospital

Eastern Memorial Hospital

Eastern Shore Memorial Hospital

Election Commission

Environmental Assessment Board, Nova Scotia

Family Court Rules Committee

Farm Loan Board, Nova Scotia

Farm Machinery Advisory Committee

Farm Management Institute

Farm Registration Advisory Committee

Farm Registration Appeal Committee

Farm Skills Advisory Committee

Fences Arbitration Committees

Film Development Corporation Board, Nova Scotia

Fire Prevention Advisory Council

Fisheries Loan Board, Nova Scotia

Forestry Advisory Council

Freedom of Information Act - Advisory Committee

Freedom of Information Act - Review Officer

Fur Institute, Nova Scotia

Gaelic College Foundation

Gaming Corporation, Nova Scotia

Glace Bay Healthcare System Corporation

Grace Maternity Hospital

Grain and Forage Commission, Nova Scotia

Guysborough Memorial Hospital

Halifax County Regional Rehabilitation Centre

Halifax Court House Commission

Halifax Harbour Clean Up Incorporated

Halifax-Dartmouth Bridge Commission

Halifax-Dartmouth Port Development

Hants Community Hospital

Health Services and Insurance Commission

Health Services Association of the South Shore

Heritage Property, Advisory Council on

Highland View Hospital

Highway 104 Western Alignment Corporation

Human Rights Commission, Nova Scotia

Innovation Corporation, Nova Scotia

Inverness Consolidated Hospital

Izaak Walton Killam Hospital

Johnstone (Dr. P. Anthony) Memorial Fund

Judicial Appointments Review Committee

King's University Foundation

Kings Regional Rehabilitation Centre

Labour Relations Board, Nova Scotia

Labour Standards Tribunal, Nova Scotia

Law Foundation of Nova Scotia

Law Reform Commission of Nova Scotia

Legal Aid Commission, Nova Scotia

Library Boards

Lillian Fraser Memorial Hospital

Liquor Commission, Nova Scotia

Livestock Health Services

Louisbourg District Planning & Development Commission

Lunenburg & Bridgewater Home for Special Care

Lunenburg Fishermen's Mutual Relief Association

Mainland South Community Centre Corporation

Management Consortium/Nova Scotia Environmental

Maritime Medical Care Inc.

Maritime Provinces Harness Racing Commission

Maritime Provinces Higher Education Commission

Marshland Reclamation Commission, Nova Scotia

Meat Inspection Board

Medical Advisory Committee on Driver Licensing

Medical Radiation Technologists, Council of

Mining Examinations - Board of Examiners

Minister's Substance Abuse Advisory Board

Mobile Home Advisory Committee

Municipal Finance Corporation, Nova Scotia

Museum, Nova Scotia

Musquodoboit Valley Hospital

Natural Products Marketing Council

Natural Resources Advisory Council

New Waterford Consolidated Hospital

North Cumberland Memorial Hospital

Northside Harbourview Hospital

Nova Scotia Centre for Craft and Design

Nova Scotia Hospital

Nova Scotia Power Finance Corporation

Nova Scotia Resources Limited

Novaco Limited

Occupational Health and Safety Advisory Committee

Oceanview Manor

Pay Equity Commission

Peggy's Cove Commission

Pharmaceutical Society, Council of Nova Scotia

Physiotherapists, Nova Scotia College of

Police Commission, Nova Scotia

Police Commissioners, Municipal Board of

Police Review Board

Premier's Council on the Electronic Marketplace

Preston Area Housing Fund

Primary Forest Products Marketing Board

Private Trade School, Provincial

Provincial Apprenticeship Board

Provincial Health Council

Provincial Home Care Advisory Committee

Provincial Library Council

Provincial Medical Board

Public Accountants Board

Public Sector Compensation Restraint Board

Public Trustee

Queen Elizabeth II Health Sciences Centre Hospital

Queens General Hospital

Radiation Health Advisory Commission

Regional Assessment Appeal Courts

Regional Health Boards

Regional Housing Authorities

Research Foundation Corporation, Nova Scotia

Residential Centre Advisory Board, Nova Scotia

Residential Tenancies Boards

Resource Recovery Fund Board

Review Board under the Criminal Code

Review Board under the Hospitals Act

Rosedale Home for Special Care

Roseway Hospital

Round Table on Day Care

Round Table on Environment and Economy, Nova Scotia

Royal Canadian Mounted Police Public Complaints Commission

Sacred Heart Hospital

Saint Martha's Hospital

Saint Mary's Memorial Hospital

Saint Mary's University Foundation

Sainte Anne Community & Nursing Care Centre

Schooner Bluenose Foundation

Securities Commission, Nova Scotia

Selection Committee for the Prince Edward Scholarship

Senior Citizens' Commission, Nova Scotia

Seniors' Pharmacare Program

Shelburne Youth Centre - Advisory Board

Sherbrooke Restoration Commission

Shubenacadie Canal Commission

Social Assistance Appeal Boards

Social Services Council, Nova Scotia

Soils Institute of Nova Scotia

Soldier's Memorial Hospital

South Cumberland Hospital

Special Places, Advisory Committee on

Sport and Recreation Commission, Nova Scotia

Sport Nova Scotia Board of Directors

St. Francis Xavier University Foundation

Strait Richmond Hospital

Student Aid Advisory Committee

Student Aid Higher Appeal Board

Surplus Crown Property Committee

Sutherland Harris Hospital

Sydney Habour Port Regional Development

Sydney Steel Corporation

Sydney Tar Ponds Clean Up Inc.

Sydney Waterfront Development Corporation

Tattoo Society, Nova Scotia International

Taxing Masters

Teachers College Foundation, Nova Scotia

Teachers' Pension Board

Tidal Power Corporation

Trade Centre Limited

Trade Council of Nova Scotia

Tribunal on Judges Remuneration

Twin Oaks Memorial Hospital

Universite Sainte-Anne Foundation

Upper Clements Family Theme Park Ltd.

Utility and Review Board, Nova Scotia

Valley Health Services Association Hospital

Victoria County Memorial Hospital

Voluntary Planning Board, Nova Scotia

Waterfront Development Corporation

Weed Control Advisory Committee

Well Construction Advisory Board

Western Kings Memorial Hospital

Wildlife Advisory Council

Women's Institutes of Nova Scotia

Workers' Compensation Appeal Board

Workers' Compensation Appeals Tribunal

Workers' Compensation Board

Yarmouth Regional Hospital

Youth Advisory Council

Youth Training Centre, Nova Scotia

SCHEDULE B

Board of Directors of the Nova Scotia Dietetic Association

Board of Directors of the Registered Nurses Association of Nova Scotia

Board of Dispensing Opticians

Board of Embalmers & Funeral Directors

Board of Examiners in Hairdressing

Board of Examiners in Optometry

Board of Examiners in Pharmacy

Board of Examiners in Psychology

Board of Examiners of Barbers

Board of Nova Scotia Occupational Therapists

Board of Registration of Nursing Assistants

Council of Medical Radiation Technologists

Council of the Association of Nova Scotia Land Surveyors

Council of the Association of Professional Engineers for the Province of Nova Scotia

Council of the Nova Scotia Association of Architects

Council of the Nova Scotia Barristers' Society

Council of the Nova Scotia Dental Technicians Association

Council of the Nova Scotia Institute of Agrologists

Council of the Nova Scotia Teachers' Union

Council of the Nova Scotia Veterinary Medical Association

Denturists Licensing Board

Medical Advisory Committee

Nova Scotia College of Physiotherapists

Provincial Dental Board

Public Accountants Board

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created November 2, 1999. Send comments to legc.office@gov.ns.ca.