The goal of the Freedom of Information and Protection of Privacy Act (FOIPOP) is to make information more accessible to Nova Scotians, and most requests for information are granted either fully or in part. However, there may be times when a public body or municipality may deny a request, or part of a request, for access to information, based on exemptions under the FOIPOP Act.

Requesting a Review

Within 60 days of receiving a written decision from a public body concerning a request for information or a correction of personal information an applicant may request a review of the decision by the FOIPOP Review Officer. The decision letter from the public body will provide the reason for the decision(s) and will outline the process for requesting a review. A review request can be made using Form 7 - Request for Review.

The Review Officer may try to settle the matter through mediation. If that is not possible, the Review Officer will investigate the matter, write a report, and make a recommendation to the public body. The public body is not obligated to accept the Review Officer’s recommendation, but they must communicate their response to the Review Officer's recommendations to the applicant and any relevant third parties involved within 30 days of receiving the Review Officers Report. A copy of the issued Review Reports can be accessed on the Review Officer’s website along with public body responses to the recommendations (i.e. public body has accepted, accepted in part or rejected the review report recommendations).

Also, when a public body has decided to release personal information about a third party, despite the third party’s wish that it be withheld, that individual can appeal the decision to the FOIPOP Review Officer using Form 8 - Request for Review. If the third party is unhappy with the review results, he or she can appeal the decision to the Supreme Court of Nova Scotia using Form 11 - Appeal.

Making an Appeal

If the applicant is dissatisfied with the result of a FOIPOP Review, the public body’s decision can be appealed to the Supreme Court of Nova Scotia using Form 10 - Appeal. You may find Practice Memorandum No. 28 to be helpful to commence an appeal before the Supreme Court in accordance with Section 41 of the FOIPOP Act and it’s regulations.

Applicants wishing to appeal to the Supreme Court should check with the courthouse staff closes to where the applicant lives.

An applicant can also appeal the decision of a public body directly to the Supreme Court of Nova Scotia, without asking for a review by Review Officer, if the information requested does not affect a third party, or the third party has given his or her permission to disclose that personal information. This appeal must be made within 30 days of receiving the public body’s decision. The applicant will need to complete Form 9 - Appeal. Decisions made by the Supreme Court of Nova Scotia are binding.

The government must prove to the court that its denial of the requested information was in accordance with the FOIPOP Act. The burden of proof lies with the government, unless the information denied contains personal information about a third party. In that case, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third person's privacy.