The legislation combines related laws into a single framework
The Nova Scotia government has introduced the Freedom of Information and Protection of Privacy (FOIPOP) Act in the first move made to modernize the province’s access to information and privacy laws in 25 years.
The legislation combines access to information- and privacy-related laws into a single framework. It replaces the current act, Part XX of the Municipal Government Act, and the Privacy Review Officer Act.
In the process, the Personal Information International Disclosure Protection Act is set to be repealed.
The FOIPOP Act includes the following provisions:
- The information and privacy commissioner will become an officer of the legislature, enhancing its independence.
- Municipalities and villages will be subject to privacy oversight; public bodies must notify individuals in the event of a privacy breach with a major risk of harm.
- Those who violate the Act will be subject to heavier fines.
- The existing $5 FOIPOP applicant fee will be retained, but an additional hour will be incorporated into the processing time.
“Nova Scotians expect transparency and strong protection of their privacy. This bill strengthens oversight, improves accountability, creates clarity and ensures our legislation reflects today’s digital world,” said Becky Druhan, Nova Scotia’s attorney general and minister of justice, in a statement.
The FOIPOP Act is set to take effect on April 1, 2027. Thus, municipalities and villages have time to prepare for the implementation and public bodies are able to update systems, regulations, policies, and training.
The government consulted with stakeholders, the Office of the Information and Privacy Commissioner, and Nova Scotians in drafting the law. The province first announced its review of information and privacy legislation in September 2023; the original FOIPOP Act was implemented in 1994 and last updated significantly in 1999.
In April, David Nurse was appointed FOIPOP review officer in Nova Scotia. The province also implemented the Stronger Workplaces for Nova Scotia Act’s new workplace harassment regulations on September 1.
