Watchdog says N.S. government bill would remove key sections of transparency law

HALIFAX — The Nova Scotia government has tabled legislation that could weaken a key section of the province’s transparency law.

If adopted, the bill would remove what a provincial watchdog described as a crucial portion of the Freedom of Information and Protection of Privacy Act. The bill would also extend deadlines for the release of government records requested by members of the public.

Tabled on Friday, the legislation would notably delete a section of the current law that states its purpose is to release all government information — with limited and specific exceptions — to ensure members of the public can be informed about decisions made by public servants and elected officials. The provincial information watchdog said the changes would bring Nova Scotia in line with other provinces that have weaker legislation.

Although information and privacy commissioner David Nurse’s office released a statement saying that he was encouraged by numerous aspects of the legislation, he noted several concerns about what the government was proposing to change.

Nurse’s office said the government was making “significant deletions” to the transparency law by removing key lines from the section that describes its purpose. The watchdog said this section helps inform how the entire legislation is interpreted and makes Nova Scotia’s law distinct from the other freedom of information laws across Canada.

Nurse’s office also noted the government was proposing to remove the word “fully” from a reference to making public bodies accountable.

The bill would grant government departments and other public institutions 30 business days to address freedom of information requests instead of 30 calendar days. This change in language could delay the release of requested records by over a week.

“That does reflect a slight extension in the timelines,” Justice Minister Becky Druhan said Friday.

She did not directly answer questions about who among their stakeholders pushed for extended deadlines. But she noted that the legislation extends to municipalities and villages, adding that they do not always have the same level of resources to be able to respond to requests on a timely basis.

As well, the bill would make the information and privacy commissioner an officer of the legislature, a change the province says strengthens the independence of the office. The commissioner said this is a positive step.

But the bill does not propose to give the commissioner powers to compel the release of information tied to complaints from citizens who have been denied access to documents.

“This is – in the Commissioner’s view – a vital aspect of full independence. This should be explicitly provided for in the legislation,” Nurse said.

Granting the office that order-making power was a recommendation by Tricia Ralph, whose term as commissioner ended earlier this year.

The new bill, if passed, would come into effect after April 1, 2027.

This report by The Canadian Press was first published Sept. 26, 2025.

Lyndsay Armstrong, The Canadian Press