FOIPOP Review Office

The Review Officer is an independent ombudsman appointed by the Governor in Council for a term of five to seven years. The Review Officer will accept appeals, known as Requests for Review, from applicants or third parties who are not satisfied with the response they received from a public body as a result of an application pursuant to the legislation.

The Review Officer does not have the power to make final and binding orders. However, he does have the power to require a public body to produce any document for his review which he feels is relevant. He may also enter and inspect any premises occupied by a public body. Once a review has concluded and the Review Officer has considered the arguments of both parties, the Review Officer will produce a report which may make recommendations to the public body. The public body is obligated to respond to these recommendations in writing.

If the applicant or a third party is not satisfied with the outcome of a review, an appeal may be made to the Supreme Court of Nova Scotia.

With the cooperation of the relevant public body, the Review Officer will accept and investigate privacy complaints. Privacy investigations may also lead to a report and recommendations.

The Review Officer is responsible for the overall administration of the Review Office and since 1999 the Review Officer has issued an annual report and tabled it in the Legislature.

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Review Request:

A request for review can only be accepted after an application for access to information has been made to a municipality, public body or local public body in accordance with the legislation.

The review process is uncomplicated; reviews may be sent to the Review Officer on a prescribed form or by letter.

If the person who applied for access to information seeks a review, such a request must be made within sixty days after the applicant is notified of the decision. If a third party seeks a review, the request must be made within 20 days of receiving notice of a decision. A fee of $25.00, payable to the Minister of Finance, must accompany a Request for Review unless it concerns the personal information of the applicant. A copy of the original access request and decision letter should also be included , if available.

More information is available on accessing information and requesting a review in the frequently asked questions section of this site.

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Background:

Nova Scotia was the first province in Canada to enact a Freedom of Information Act in 1977. Since that time, all other jurisdictions in the country have followed suit. The Act was replaced in 1993 by the considerably improved Freedom of Information and Protection of Privacy Act (in force 1994). All government departments and agencies were brought under the Act. Subsequently in 1999, a new Municipal Government Act was passed. It included access and privacy provisions similar to the provincial Act and applied to all municipalities and municipal bodies. In 1999, the provincial Act was also extended to cover local public bodies including hospitals, universities, colleges and school boards.

Pursuant to the Acts, all public bodies, municipalities and local public bodies are obliged to adopt a policy of accountability, openness and transparency and to provide a right of access to information with limited exceptions. They are also obliged to ensure the protection of individuals' personal privacy.

...the legislation in Nova Scotia is deliberately more generous to its citizens and is intended to give the public greater access to information that might otherwise be contemplated in the other provinces and territories in Canada. Nova Scotia's lawmakers clearly intended to provide for the disclosure of all government information (subject to certain limited and specific exemptions) in order to facilitate informed public participation in policy formulation; ensure fairness in government decision making; and permit the airing and reconciliation of divergent views. No other province or territory has gone so far in expressing such objectives.

- O'Connor v. Nova Scotia, N.S.C.A., 2001

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Review Office:

Since 1994 the Freedom of Information and Protection of Privacy legislation has included an opportunity for an independent review by the Review Officer. The staff of the Review Office support the Review Officer to resolve freedom of information matters through research, investigation, analysis and mediation. If a matter cannot be settled through mediation, it is referred to the Review Officer for consideration.

If you have any questions or concerns regarding freedom of information or protection of privacy or the review process, please contact us.

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Review Officer:

Ombudsman Dwight Bishop has been appointed as the Review Officer for an interim period.

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This page and all contents copyright © 2003, NS FOIPOP Review Office, all rights reserved.
Please view the NS FOIPOP Review Office's Website Privacy Statement or the Nova Scotia Government's Website Privacy Statement
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Nova Scotia Freedom of Information and Protection of Privacy Review Office
P.O. Box 181, Halifax, Nova Scotia B3J 2M4 / 2006-September-18