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Information and Privacy Commissioner releases Review Report 26-08
An applicant requested access to records relating to the designation of the Halifax Memorial Library as a surplus property. Halifax Regional Municipality (“the public body”) processed the request and decided to release the responsive records in part, applying various discretionary exemptions to disclosure under the Municipal Government Act (MGA), including sections s. 473 and s. 477.
In its written representations to the Office of the Information and Privacy Commissioner for Nova Scotia (OIPC), the public body committed to release certain information that had been withheld. However, instead of releasing the information, the public body purported to make a new decision on the original access request. In this second decision, the public body applied new discretionary exemptions to withhold some of the information the public body had agreed to disclose. The public body took the position that this second decision was a new decision on the original access request, and that the new decision would be subject to a fresh review by the Commissioner.
After reviewing the overall legislative scheme, the Commissioner concludes that the responsible officer for the public body had no authority to reopen the matter at their own discretion, and the public body’s second decision was unlawful. The Commissioner concludes that there are specific instances during or following the review process when a public body’s decision may be reopened. For example, a supplementary disclosure may be made during the review process with the consent of the parties and the OIPC. Reopening and reconsideration may be also recommended by the Commissioner in a final review report, and the public body may accept and implement that recommendation. A reconsideration may also be ordered by Nova Scotia’s Supreme Court, and the public body would be required to comply.
The Commissioner recommends that the public body release all remaining information withheld under s. 473 and s. 477 in the original access decision to the applicant. As the second decision is unlawful, and of no force and effect, the Commissioner has not considered the validity of any claims raised in that decision, specifically ss. 476 and 474. See more...
Information and Privacy Commissioner releases Review Report 26-07
The four-part test for assessing whether a record is subject to solicitor-client privilege is established law. I discussed the test in Nova Scotia Review Report 25-07 and in Nova Scotia Review Report 26-03. As the law in this area is settled, and this case is not factually complex, I have prepared an abbreviated review report.
I find that the public body was authorized to refuse access to the record under s. 16 of the Freedom of Information and Protection of Privacy Act (FOIPOP) because it is subject to solicitor-client privilege. However, I am recommending that the public body reconsider its decision not to waive solicitor-client privilege. See more...
Information and Privacy Commissioner releases Review Report 26-06
An applicant requested under s. 6 of the Freedom of Information and Protection of Privacy Act (FOIPOP) all records for a specified date range related to a business, including records regarding consideration for investment and confirmation of monies issued to the business in 2023, correspondence, and proposals. Pursuant to s. 21 of FOIPOP, the public body identified a third party for consultation.
The public body proposed withholding portions of the record under section 20 of FOIPOP and releasing the remaining information. The third party objected to the release of all information in the records under sections 20 and 21 and requested a review of this matter by the Information and Privacy Commissioner.
The Commissioner finds that portions of the records meet the requirements of s. 20 of FOIPOP and must be withheld. The Commissioner also finds the information in the records does not meet the requirements of s. 21(1) of FOIPOP because the third party would not suffer any of the harms set out in section 21(1) if the information was released.
The Commissioner recommends continuing to withhold portions of information under s. 20 of FOIPOP and releasing the remaining information to the original applicant. See more...
Information and Privacy Commissioner releases Review Report 26-05
I have determined that this deemed refusal review may be dealt with via an abbreviated report. For previous deemed refusal reviews see, for example, Review Reports 26-01, 23-06 and 23-09. See more...
Information and Privacy Commissioner releases Review Report 26-04
An applicant requested copies of records regarding a potential ferry service between Yarmouth, Nova Scotia and The State of New Hampshire. The Department of Public Works (the public body) located responsive records including an unsolicited proposal sent by a third party corporation, and communications between the third party and the public body. The public body determined that some of the information in the responsive records must be withheld under sections 20 (personal information) and 21 (confidential information of a third party) of the Freedom of Information and Protection of Privacy Act (FOIPOP).
As required, the public body consulted with the third party. The public body proposed severing information that appeared to fall under sections 20 and 21 of FOIPOP from the records and releasing the remaining information. The third party objected to the release of all information in the records and requested a review of this matter by the Information and Privacy Commissioner.
The Commissioner finds that portions of the records meet the requirements of s. 20 and must be withheld. However, the Commissioner finds that the third party did not meet its burden to establish that the applicant has no right of access; specifically, the Commissioner found that the records were not supplied in confidence by the third party.
The Commissioner recommends that the public body sever the s. 20 information that must be withheld from the records and release the remaining information to the original applicant. See more...
Information and Privacy Commissioner releases Review Report 26-03
The four-part test for assessing whether a record is subject to solicitor-client privilege is established law. I discussed the test in Nova Scotia Review Report 25-07. As the law in this area is settled, and this case is not factually complex, I have prepared an abbreviated review report. See more...
Information and Privacy Commissioner releases Review Report 26-02
I have determined that this matter may be dealt with via an abbreviated review report. The legal issues raised by “deemed refusals” have been exhaustively canvassed by my predecessor in Review Reports 23-06 and 23-09, among others. See more...
Office of the Information and Privacy Commissioner discontinues on-request consultations on access to information and privacy matters
Please note that, effective November 21, 2025, the Office of the Information and Privacy Commissioner (“OIPC”) no longer provides on-request consultations for public bodies and health custodians on access to information matters or privacy matters.The OIPC must focus its resources on conducting timely reviews of access to information decisions and privacy complaints; this is our core mandate.
The OIPC has recently begun to proactively reach out to public bodies and health custodians to offer advice on significant Privacy Impact Assessments (PIAs). We are focused on PIAs of new programs involving the collection, use or disclosure of particularly sensitive personal information (ex. health information), or significant changes to how existing programs manages personal information.
A new Freedom of Information and Protection of Privacy Act will come into force on April 1, 2027. The new law creates new privacy-related obligations for municipalities, and an expanded oversight role for the OIPC. The OIPC hopes to participate in any briefings/training sessions for municipalities regarding their new responsibilities. However, OIPC will not take the lead on the implementation of the new law, or on advising municipalities. We will continue to publish guides on specific issues of interest to public bodies including municipalities, and will be reviewing and updating our existing guides prior to the implementation of the new Act.
New Freedom of Information and Protection of Privacy Act
September 26, 2025
The Information and Privacy Commissioner (“the Commissioner”) welcomes the provincial government’s decision to table legislation today that amends the province’s access and privacy laws. The Commissioner and OIPC staff have not yet completed a comprehensive review of the bill introduced today, however the Commissioner is able to offer several preliminary comments. While the Commissioner is encouraged by, and welcomes, many aspects of the proposed legislation, he has several concerns and recommendations. See more...
HALIFAX - Information and Privacy Commissioner Tricia Ralph has provided her submission to the internal working group reviewing Nova Scotia's access and privacy laws. Read more...
Department of Justice mandate includes amendment to Freedom of Information and Protection of Privacy Act
Premier Houston's September 14, 2021 mandate letter to the Attorney General and Minister of Justice includes a requirement to amend the Freedom of Information and Protection of Privacy Act (FOIPOP) to give order-making ability to Nova Scotia's Information and Privacy Commissioner: September 14, 2021 Ministerial Mandate - Department of Justice and Attorney General
The Office of the Information and Privacy Commissioner is willing to provide input and guidance to the government as it moves ahead with this amendment to FOIPOP, or any other important amendments the OIPC has recommended to modernize Nova Scotia's outdated access to information and privacy laws.
New/Updated Publications Now Available
Guide to Application to Disregard
The OIPC's Role - What the OIPC Can and Cannot Do
Protecting Patient Information in Practice and Beyond
Need-to-Know Instead of Circle of Care
Know Your Rights: Missing Records?
Tips for Addressing Employee Snooping