BILL NO. 157

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002



Private Member's Bill



Freedom of Information and Protection of Privacy Act
(amended)



Kevin Deveaux
Cole Harbour-Eastern Passage



First Reading: November 19, 2002

(Explanatory Notes)

Second Reading:

Third Reading:

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Explanatory Notes

Subclause 1(1) provides that an applicant who requests information pursuant to the Freedom of Information and Protection of Privacy Act shall pay a fee in the amount of five dollars.

Subclause 1(2)

(a) sets out the maximum fees that may be charged for the services referred to in subsection 11(2) of the Freedom of Information and Protection of Privacy Act; and

(b) provides that an applicant is not required to pay a fee for the first two hours spent locating and retrieving a record.

Subclause 1(3) adds additional provisions to the Freedom of Information and Protection of Privacy Act dealing with estimated fees and the waiving of fees.

Subclause 2(1) enables a person who believes their right of protection of personal privacy has been violated to request a review.

Subclause 2(2) removes the provisions in the Freedom on Information and Protection of Privacy Act that require a person to pay a fee for a review of a decision under the Act.

Subclauses 3(1) and (2) provide that the appointment of the Review Officer must be by unanimous consent of all parties in the House of Assembly.

Subclause 3(3) provides that the Review Officer cannot be removed from office unless at least two thirds of the members of the House of Assembly vote in favour of the removal.

Subclause 3(4) adds new provisions dealing with the powers and duties of the Review Officer.

Clause 4 broadens the role of the Review Officer.

Clause 5

(a) amends the powers of the Review Officer by requiring the Review Officer to issue orders rather than make recommendations respecting the disposition of matters under review;

(b) requires the head of a public body to comply with an order of the Review Officer or appeal the order to the Supreme Court; and

(c) makes certain necessary changes arising from the issuance of orders by the Review Officer.

Clause 6 makes certain necessary changes arising from the issuance of orders by the Review Officer.

Clause 7 changes the standard for an offence under the Freedom of Information and Protection of Privacy Act, adds new offences to the Act and increases the fine from a maximum of $2,000 to a maximum of $5,000.

Clause 8 removes the authority of the Governor in Council to make regulations prescribing or limiting the fees to be paid pursuant to the Freedom of Information and Protection of Privacy 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) Subsection 11(1) of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is amended by striking out "the application fee prescribed by the regulations" in the second and third lines and substituting "an application fee in the amount of five dollars".

(2) Section 11 of Chapter 5, as amended by Chapter 5 of the Acts of 2002, is further amended by adding immediately after subsection (2) the following subsections:

(3) Section 11 of Chapter 5, as amended by Chapter 5 of the Acts of 2002, is further amended by adding immediately after subsection (8) the following subsections:

2 (1) Subsection 32(1) of Chapter 5 is amended by adding "or who believes that their right to protection of personal privacy as provided in Sections 24 to 31 has been violated" immediately after "information" in the third line.

(2) Subsections 32(4) to (6) of Chapter 5 are repealed.

3 (1) Subsection 33(1) of Chapter 5, as enacted by Chapter 11 of the Acts of 1999 (2nd Session), is amended by adding ", on the recommendation of the House of Assembly," immediately after "Council" in the first line.

(2) Section 33 of Chapter 5, as enacted by Chapter 11 of the Acts of 1999 (2nd Session) is further amended by adding immediately after subsection (1) the following subsection:

(3) Subsection 33(2) of Chapter 5, as enacted by Chapter 11 of the Acts of 1999 (2nd Session), is amended by striking out "a majority" in the sixth line and substituting "at least two thirds".

(4) Section 33 of Chapter 5, as enacted by Chapter 11 of the Acts of 1999 (2nd Session), is further amended by adding immediately after subsection (7) the following subsections:

4 Chapter 5 is further amended by adding immediately after Section 33 the following Section:

5 Sections 39 to 41 of Chapter 5 are repealed and the following Sections substituted:

6 (1) Subsection 42(3) of Chapter 5 is amended by

(a) striking out "give access to a record or part of a record" in the fourth line of clause (a) and substituting "comply with an order of the Review Officer"; and

(b) striking out "give access" in the third line of clause (b) and substituting "comply with an order of the Review Officer".

(2) Subsection 42(5) of Chapter 5 is repealed and the following subsection substituted:

(3) Subsection 42(6) of Chapter 5 is amended by striking out "give the applicant access to the record" in the third and fourth lines and substituting "comply with the order of the Review Officer".

7 Subsections 47(1) and (1A) of Chapter 5 are repealed and the following subsection substituted:

8 Clause 49(1)(b) of Chapter 5 is repealed.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated November 19, 2002. Send comments to legc.office@gov.ns.ca.