Nova Scotia premier says changes likely to controversial freedom of information bill

HALIFAX — Nova Scotia Premier Tim Houston says there will likely be changes to legislation that the province’s freedom of information commissioner says weakens the public’s right to access government records and documents.

Houston made the comments during question period on Wednesday, but did not provide specifics.

Days earlier, the government withdrew amendments from the same omnibus bill that would have allowed his government to fire the auditor general without cause, amid rising public criticisms of the legislation.

On Wednesday, in response to a question from the Opposition leader, Houston said information commissioner Tricia Ralph asked for changes “and I’m sure we will proceed with that.”

Houston said he had a discussion Tuesday with Ralph, whose term ends on Friday.

“The commissioner reached out, the commissioner sent a letter and outlined some amendments and tweaking and that’s the way the process works … we have the courage to listen to Nova Scotians,” the premier said.

In her letter, Ralph asked the Progressive Conservative government to withdraw its bill to allow for “meaningful consultation with our office and with all stakeholders.” The commissioner took issue with amendments that allow departments to refuse access requests on the basis they’re “trivial, frivolous or vexatious,” saying the measures are too broad and inconsistent with legislation elsewhere in the country.

She was also critical of a change that would allow departments to demand that applicants include in their requests “sufficient particulars” — details such as precise times or locations in connection with the documents or records being sought.

Opposition NDP Leader Claudia Chender told reporters that she believes the premier is reacting to increasing public pressure over the legislation. “He is being forced to walk back hasty, ill-considered and frankly dangerous legislative policy,” Chender said. “It’s not the mandate they were given, it’s not something Nova Scotians voted for and Nova Scotians are making their voice heard on that.”

Interim Liberal leader Derek Mombourquette said that the apparent reversal is part of a pattern with the government. The commissioner wasn’t consulted on the legislation, he said, “and the ultimate takeaway for me … is that the government didn’t do their homework going in.”

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

Keith Doucette, The Canadian Press