Justice Minister announces new Freedom of Information Act

Justice Minister Kelvin Parsons today announced the new Freedom of Information Act.

Government has undertaken a comprehensive examination of the recommendations made by the Freedom of Information Review Committee. The recommendations of the committee have been addressed and government proposes an enactment of new legislation to implement the vast majority of them.

"We have established an independent review mechanism to review the complaints, assist citizens and serve as an efficient alternative to the courts. The Citizens� Representative will investigate and mediate complaints and make recommendations to government and its agencies," said Minister Parsons. "The act, when fully implemented, will ensure greater privacy respecting personal information in government�s possession."

The Citizens� Representative will be an officer of the House of Assembly.

"This new act includes a limited protection for cabinet materials; it introduces a public interest override to require the release of protected records in the interest of public health and safety; and, has a personal privacy regime to regulate the collection, use and retention of personal information," said Minister Parsons.

The Department of Justice will oversee and coordinate the administration of the act.

"Government is committed to an open, transparent process in the development and implementation of public policy," said Minister Parsons. "The new act is designed to give citizens greater control of the legislation and to foster a more open government."

It is expected the act will come into force in 2002, with the exception of Part IV of the act (Privacy) which will be deferred to allow departments and agencies sufficient time to prepare and implement the new privacy regime.

The act will be renamed Access to Information and Protection of Privacy Act.

Media contact: Edwina Bateman, Communications, (709) 729-6985.

• On June 16, 1981, Newfoundland and Labrador�s Freedom of Information Act became law. It established a statutory regime for citizens to access information in the records of government departments and scheduled agencies, subject to limited exceptions. Through this act, citizens of the province gained the opportunity for informed participation in the democratic process and the assurance of greater accountability on the part of government.
  
  
• The act also provided the right to appeal decisions to the provincial Ombudsman or to the Trial Division of the province�s Supreme Court. However, in 1991, the position of the Ombudsman was abolished, which left the courts as the only venue for appeals.
  
  
• In December 2000, Justice Minister Kelvin Parsons announced that government would undertake a comprehensive review of the province�s Freedom of Information Act.
  
  
• A Freedom of Information Review Committee was established on December 12, 2000, with a broad mandate to review and make recommendations on all aspects of the Freedom of Information Act.
  
  
• To carry out its mandate, the committee undertook a comprehensive review of relevant literature, examined freedom of information legislation from other provinces and the federal government, and conducted a series of consultations across the province and with representatives of other Canadian jurisdictions.
  
  
• On July 19, 2001, Premier Roger Grimes and Justice Minister Kelvin Parsons held a news conference to release the committee�s report on the Freedom of Information Act review.
  
  
• Government reviewed the recommendations and moved forward with the legislation in the fall 2001 session of the House of Assembly.

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