9 October 2025.
The Canadian province of Nova Scotia rushed through a new Freedom of Information and Protection of Privacy Act (FOIPOP Act) in just one week, without providing any opportunity for the public to comment on this key democratic legislation. The Centre for Law and Democracy (CLD) decries this behaviour and notes that giving the public an opportunity to provide feedback on draft access to information legislation is essential in a democracy.
“The current Government of Nova Scotia has, by tabling this legislation without giving the public an opportunity to comment on it, shown some contempt for the democratic process,” said Toby Mendel, Executive Director of CLD. “We have not yet had a chance to review this legislation carefully but we note that many of the recommendations we made in our November 2023 Submission, on reforming the old Act, are not reflected in the new Act.”
In the fall of 2023, the government indicated that it was reviewing the old FOIPOP Act and invited interested stakeholders to provide written submissions. It refused to receive oral submissions at that time, despite a request to do so by CLD. It also declined to respond in any manner to the submissions which it did receive (for example by providing a “what we heard” report). Instead, it tabled a new FOIPOP Act in the legislature on 26 September 2025 and the Act was signed into law on 3 October. Nova Scotians were given no chance whatsoever, by the government or the legislature, to comment on this draft legislation, in flagrant breach of better practices regarding consultation. CLD notes that the opportunity to provide submissions on the existing legislation, while welcome, cannot substitute the need to be given an opportunity to comment on new proposed legislation.
CLD is disappointed by this approach. We note, furthermore, that there was nothing urgent about passing this legislation and that governments which hold strong majorities in the legislature should take particular care to ensure that they act in a scrupulously democratic manner.
For further information, please contact:
Toby Mendel
Executive Director, Centre for Law and Democracy
toby@law-democracy.org
+1 902 431-3686
www.law-democracy.org
X: @Law_Democracy
BlueSky: @law-democracy.bsky.social
LinkedIn: https://linkedin.com/company/centre-for-law-and-democracy
