BILL NO. 19
(as introduced)
2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018
Private Member's Bill
FOIPOP Commissioner Independence Act
The Honourable Chris d'Entremont
Argyle–Barrington
First Reading: September 11, 2018
Second Reading:
Third Reading:
Explanatory Note
(a) changes the title of the Review Officer under the Freedom of Information and Protection of Privacy Act to the Review Commissioner;
(b) makes the Review Commissioner an officer of the House of Assembly;
(c) allows the Review Commissioner to require any person to answer questions or produce records where necessary to resolve a dispute or ensure compliance with the Act; and
(d) allows the Review Commissioner to require a person to attempt to resolve the person's request for review prior to beginning a review.
An Act to Amend Chapter 5
of the Acts of 1993,
the Freedom of Information
and Protection of Privacy Act,
Respecting an Independent Review Commissioner
1 This Act may be cited as the FOIPOP Commissioner Independence Act.
2 Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is amended by striking out "Review Officer" wherever it appears and substituting in each case "Review Commissioner".
3 Section 33 of Chapter 5 is amended by adding immediately after subsection (1) the following subsection:
- (1A) The Review Commissioner, by virtue of the Review Commissioner's position, is an officer of the House of Assembly.
- 33A (1) Where the Review Commissioner considers it necessary or advisable to resolve a dispute or ensure compliance with this Act, the Review Commissioner may require any person to
(a) attend, in person or by electronic means, before the Commissioner to answer questions on any matter under oath or affirmation; and
(b) produce for the Commissioner any record in the custody or control of the person, including records containing personal information.
(2) The Review Commissioner may apply to the Supreme Court for an order directing a person to comply with subsection (1) or, in the case of a corporate entity, directing the officers and directors of the corporate entity to comply with subsection (1).
(3) Where a person discloses a record that is subject to solicitor-client privilege to the Review Commissioner under subsection (1), the solicitor-client privilege of the record is not affected by the disclosure.
(4) Notwithstanding any other enactment or any privilege of the law of evidence, a public body shall produce any record or a copy of any record required under subsection (1) to the Review Commissioner within ten days of the Review Commissioner requiring the record or copy of the record..
(5) Where a public body is required to produce a record under subsection (1) and it is not practicable to make a copy of the record, the head of that public body may require the Review Commissioner to examine the original at its site.
(6) Where a public body is required to produce a record under subsection (1), the Review Commissioner shall return any record or any copy of any record produced under this Section to the public body that disclosed it once the Review Commissioner has finished dealing with the record or copy of a record.
- 36A (1) The Review Commissioner may require a person to attempt to resolve the person's request for review in a way directed by the Review Commissioner before the Review Commissioner begins or continues a review under Section 37.
(2) Subsection (1) applies whether or not the Review Commissioner has attempted to settle a matter through mediation under Section 35.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created September 11, 2018. Send comments to legc.office@novascotia.ca.
