Time to Bring Balance to FOIPOP Costs

The Nova Scotia government needs to address the growing costs of the Freedom of Information and Protection of Privacy (FOIPOP) Act, Deputy Premier Ron Russell said today on behalf of Justice Minister Michael Baker.

"Nova Scotia has the most open and accessible freedom of information law in the country," said Mr. Russell, citing a decision last year by the Nova Scotia Court of Appeal. "People will still be able to access their own personal information free of charge. However, there needs to be a better balance between who pays for the cost of administering this law and who uses it. Right now, Nova Scotia taxpayers are subsidizing the costs incurred by a relatively select few."

The number of applications has increased from 325 in 1995 to about 1,000 in 2001. Last year, only $9,000 in fees was collected from FOIPOP applicants, although direct and indirect costs of the act were estimated at $700,000. These costs would not include those incurred by other public bodies that fall under the FOIPOP Act, such as school boards, universities, hospitals and municipalities.

The application fee will be increased to $25 from $5, which is consistent with the costs in Alberta. The fees charged to process an application will increase to $15 per half hour from $10 per half hour. There will no longer be two free hours provided for the location and retrieval of records.

Nova Scotia hasn't charged a fee of an applicant who requests a review of a decision. There will now be a $25 fee, which is consistent with Ontario's practice.

Additional resources will be provided for the more effective administration of the act. Two people will be hired to assist the provincial Freedom of Information and Protection of Privacy Act co-ordinator. The objective is to ensure more consistent interpretation and application of the act across government.

"Seniors pay 30 per cent of their drug costs. Patients using ambulances pay over 20 per cent of their transportation costs. Is it fair for freedom of information applicants to pay little more than one per cent of the costs they incur?" asked Mr. Russell. "As our government looks at the costs of all programs and services, it's becoming increasingly difficult to justify to taxpayers why freedom of information applicants should receive special status."

In 1999, the current government passed Bill 14, which expanded the scope of the FOIPOP Act and strengthened the role and authority of the independent review officer.

"We're proud of making our freedom of information law the most open in Canada. It's certainly a law that's worth significant support from the province," concluded the deputy premier. "But our government owes it to taxpayers to do a better job of recovering the administrative costs of this law."