Access to government records (NS)

Public bodies include:

• provincial government departments, boards, agencies, commissions, foundations, tribunals, and associations
• municipalities, towns, villages
• municipal police and fire departments
• school boards
• health authorities
• community colleges and universities
• Public Archives of Nova Scotia.

Go here for contact information of public bodies governed by both FOIPOP and the MGA.

If you want to access records held by a municipal body (such as a municipality, town, village or police service) you will be using the MGA. If you want to access information from a provincial public body, you will be using FOIPOP. In either case the process is the same.

• books,
• documents,
• maps,
• drawings,
• photographs,
• letters,
• papers,
• videos,
• electronic records.

Nova Scotia’s Information Access and Privacy Services has contact information for the various bodies covered by FOIPOP and the MGA. Go here to see that list. 

You can contact the public body and ask about this. Some records may already be publicly released or are routinely released (for example, administrative or operational records). The government has a database of already released FOIPOP requests that you can access online at openinformation.novascotia.ca to see if it has the information you are looking for.

However, if you are trying to get records that include personal information, you will likely have to make a formal request.

• in writing
• specific enough to allow the person responding to the request to identify the record
• accompanied by a $5 application fee. You can contact the public body you are requesting the information from to find out who you should make the cheque out to. You do not have to pay a $5 application fee if you are requesting your own personal information.

You can find pdf and word versions of request forms here. You do not have to use these forms but they may be helpful.

Personal information is info about you, like: your health care history; your educational, financial, criminal or employment history; your family status; another person's opinions about you.

• locating, retrieving and producing the information
• preparing the record for disclosure
• photocopying, shipping and handling the record.

You do not have to pay any fees to access your personal information.
    
The table below explains the fees that public bodies may charge for preparing the records you request.

The public body must give you an estimate of the total costs before doing the work. You can ask the public body to waive the fee:

• if you cannot afford the fee
• if the records relate to a public interest issue, such as the environment or health and safety, or
• for any other reason it is fair to do so.

If you think the fee is too high, you have the right to request a review by the Information and Privacy Commissioner for Nova Scotia (OIPC). You must request a review of the fee estimate within 60 days. Or you could decide to narrow your scope and request fewer records.

• your request was not detailed enough
• you requested a large number of records, or a large number of records must be searched to find your records, or
• the public body needs more time to consult with another public body or a third party.

You must be informed if a public body has asked to extend the 30 day time period. If, by the end of 30 days the public body has not informed you of an extension, or responded to your request, you may treat that as a refusal to provide the records and you can request a review by the Office of the Information and Privacy Commissioner for Nova Scotia.

• you may get all the information you requested
• you may get part of the information you requested
• you may get none of the information you requested.

If a public body has not released some, or all of the records you requested, it must tell you why in writing.

• personal information of others if disclosure would be an unreasonable invasion of privacy, and
• confidential business information if the business can show that significant harm would result from the disclosure.

Certain types of information may not have to be disclosed — the public body has discretion to decide. For example, you may be refused access to information that is related to:

• intergovernmental affairs
• lawyer-client privilege
• law enforcement matters
• cabinet deliberations
• advice given to a public body or minister
• information that could harm the financial or economic interests of a public body or the government of NS
• labour conciliation records
• information that will risk health or public safety
• information from closed meetings of a public body
• Information that could harm conservation efforts
• certain academic research
• university evaluations,

Also, some types of records are not available. For example:

• material that is available for purchase (such as maps)
• court files (contact the court directly for information about access to court files)
• test questions.

If you believe the personal information a public body has about you is wrong you may request that the public body correct it. You can request correction of personal information using these forms:

• for FOIPOP corrections
• for MGA corrections

There is no charge for requesting the correction of your personal information.

If a public body refuses to correct your personal information you may apply to the Office of the Information and Privacy Commissioner for Nova Scotia for a review of the decision. You must request a review of a decision of a public body within 60 days of receiving the decision. The OIPC may extend the 60 day deadline in some situations, so it is best to contact them to discuss your situation even if you have missed the review deadline.

You must request a review within 60 days of receiving the decision of the public body. The OIPC has discretion to extend the 60 day deadline in some situations, so it is best to contact the OIPC to discuss your situation even if you have missed the review deadline.

You may request that the OIPC review:

• a fee estimate
• a timeline extension, or failure to respond within the 30 day time limit
• a refusal or partial refusal to provide the records you requested
• a refusal to correct your record.

To request a review you must inform the OIPC of your request. You can either write a letter or use a standard form (FOIPOP form or MGA form). Be sure to include:

• the name of the public body, and the date of the decision
• copy of the public body’s decision
• if available, a copy of your original access request
• your address and telephone number.

There is no fee for requesting a review from the OIPC.

More information on how to appeal a decision of the public body can be found in this OIPC booklet.

When the OIPC receives a review, it will first try to settle the matter informally. If that does not work, then a formal review process will start and the parties will make written statements and the Information and Privacy Commissioner ("Commissioner") will prepare a report deciding if the public body was correct, partly correct, or incorrect. The report is a public document that will make recommendations for the public body to follow.   You can see examples of the Commissioner's reports here: oipc.novascotia.ca/publicly-issued-reports. The public body then decides whether to accept and implement all or part of the OIPC’s recommendations. If you are not satisfied with the public body’s response to the Commissioner’s recommendations, you can appeal to the Supreme Court of Nova Scotia. However, you must do that within 30 days of receiving the decision. Appealing to the Supreme Court of Nova Scotia is more complicated.  You may need to pay court fees and other costs and other factors may need to be considered. It is a good idea to consult a lawyer if you wish to appeal to the Supreme Court.

Office of the Information and Privacy Commissioner of Nova Scotia

Visit the Office of the Information and Privacy Commissioner of Nova Scotia (OIPC) website at oipc.novascotia.ca, or contact the OIPC at:

Mailing Address:
P.O.Box 181
Halifax, NS B3J 2M4
Email: [email protected]
Phone: (902) 424-4684
No Charge-Dial: 1-866-243-1564
TTD/TTY: 1-800-855-0511

The OIPC has a helpful "Citizen’s Guide to Information Access and Privacy Rights in Nova Scotia" and a "Mini-Guide to Access".

Nova Scotia Information Access & Privacy Services (IAP):

Mailing Address:
IAP Services
Department of Internal Services
PO Box 72, Halifax Central, B3J 2L4
11th floor, Royal Centre
5161 George Street
Halifax, NS B3J 1M7
Phone: (902) 424-2985 or 844-424-2985
Website: beta.novascotia.ca/programs-and-services/information-access-and-privacy