Province Introduces Modernized Access, Privacy Legislation

The government is modernizing its access to information and privacy laws for the first time in 25 years. The new Freedom of Information and Protection of Privacy (FOIPOP) Act will consolidate related legislation into one updated framework.

“Nova Scotians expect transparency and strong protection of their privacy,” said Becky Druhan, Attorney General and Minister of Justice. “This bill strengthens oversight, improves accountability, creates clarity and ensures our legislation reflects today’s digital world.”

The new act is the result of extensive consultation and engagement, including more than 100 submissions from stakeholders, 149 recommendations from the Office of the Information and Privacy Commissioner and feedback from Nova Scotians.

The bill introduces several important changes:

• the Information and Privacy Commissioner will become an officer of the legislature, strengthening the independence of the office
• privacy oversight will extend to municipalities and villages, and public bodies will be required to notify individuals when a privacy breach carries a significant risk of harm
• fines for violations under the act will increase
• applicants will continue to pay the current $5 FOIPOP application fee but will receive an extra hour of processing time.

The new act will come into effect April 1, 2027, allowing time for municipalities and villages to prepare and to ensure public bodies have time to update systems, regulations, policies and training.

The new FOIPOP Act will replace the current act, Part XX of the Municipal Government Act and the Privacy Review Officer Act. The Personal Information International Disclosure Protection Act will be repealed.

Additional Resources:

Bills tabled in the legislature are available at: https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-65-session-1

Information Access and Privacy: https://beta.novascotia.ca/programs-and-services/information-access-and-privacy

News release – Province Launches Review of Information, Privacy Legislation: https://news.novascotia.ca/en/2023/09/28/province-launches-review-information-privacy-legislation