Information Legislation Amended

Significant changes to the province's freedom of information legislation were introduced in the Nova Scotia House of Assembly today by Justice Minister Michael Baker.

The amendments broaden the scope of the Freedom of Information and Protection of Privacy Act, expand the powers of the Review Officer and clarify some clouded areas in the legislation.

"These amendments are in keeping with our platform commitment to provide open, accountable government," said Mr. Baker. "Many of these changes were first recommended in 1996 by an advisory committee commissioned by the former government. We believe they are long overdue."

The amendments address a flaw that has existed in the legislation since its inception. The act will now clearly outline that the name of an applicant cannot be disclosed to a third party, unless the individual has provided consent. Similarly, the name of a third party cannot be disclosed to an applicant without consent.

The amendments mean the act will immediately be extended to hospitals and will apply to universities and school boards within one year. Municipalities are currently covered by the act, and the amendments will also apply.

The Review Officer will now be appointed on a full-time basis for a minimum of five years to a maximum of seven, with the possibility of renewal. The Review Officer will be provided with a separate budget vote and will now be required to produce an annual report. The amendments will also allow the Review Officer to obtain a court order to obtain access to records if necessary.

The amendments mean that contracts entered into by government with a private partner will be made public. The only exceptions will be related to the financial status or the intellectual property of a private partner and information that could harm public safety.

Several administrative changes that will ensure more consistent application of the act are included. In several cases, the language of the act will be clarified, and this act will be designated as paramount when a conflict with other statutes is identified. Provisions relating to third-party notice are being amended. If the views of a third party are known, it will not be necessary to provide formal notice, thus saving time in processing an application. A schedule of agencies, boards and commissions will also be listed to assist users in referencing government information. It will be an offence to deliberately alter a record, with fines up to $2,000, six months in jail or both.

"We believe that Nova Scotians have a right to know how their government operates, and whether their tax dollars are being spent wisely," said Mr. Baker. "These amendments make the process much more transparent."