What is FOIPOP?
The Municipal Government Act (MGA), which provides authority for most of the activities and operations of municipal governments in Nova Scotia, also contains provisions relating to freedom of information and protection of privacy (FOIPOP). These provisions are found in Part XX of the Act. The short name or common reference is FOIPOP. The intent of FOIPOP is to ensure municipal units are fully accountable to public; to provide for the disclosure of all municipal information with necessary exemptions; and to protect the privacy of individuals with respect to personal information with the right to access that information. Information kept on file by the municipality is referred to as a records and includes books, documents, maps, drawings, letters, vouchers, papers and any other thing which can be stored by graphic, electronic, mechanical or other means.What is the process and how much will it cost?
FOIPOP requires that all requests for information:
- be in writing;
- specify the subject-matter of the record requested with sufficient particulars to be identified; and
- be accompanied by a $5.00 application fee (cheque payable to “Municipality of the County of Annapolis”)
In relation to locating and providing access to or copies of records, a charge will be levied of $15 for each half hour of staff time (in excess of 2 hours) plus photocopying charges of 20¢/page. The municipality may also receive reimbursement of shipping / transportation charges.
An estimate shall be provided to the applicant who must either pay the charges in advance or make application for the charges to be waived. Fees are not to be charged for the applicant’s own personal information.
What information can be accessed?
Under Part XX of the Municipal Government Act (MGA), everyone has a right of access to most recorded information held by a municipality.
What are my information and privacy rights under FOIPOP?
Two major rights are provided under FOIPOP:
- The right of access to records in the custody or under the control of a municipality, including your own personal information and the right to update or correct this personal information; and
- The right of protection of the privacy of your personal information in the custody or under the control of the municipality (includes such things as your name, address, telephone number, age, sex, education, marital status, health-care history, and financial history).
Exemptions....A FOIPOP Administrator may refuse to disclose:
- information that could reasonably be expected to harm intermunicipal or intergovernmental relations or reveal information provided by other municipalities or governments in confidence, unless there is consent
- information that could reasonably be expected to harm the financial and economic interests of the municipality or another municipality or the Province
- information related to certain labour relations mediation or conciliation proceedings
- information subject to solicitor-client privilege
- someone else's personal information
- information that could significantly harm a third parties business interests
- information that could harm law enforcement; and
- information that could harm the economic or financial interests of a public body, other individuals, or the public
Who can help?
Please click the following link to view the contact information for the FOIPOP Administrator
. The FOIPOP Administrator has been appointed to administer Part XX of the Municipal Government Act (Freedom of Information and Protection of Privacy) for the Municipality of County of Annapolis.
What kind of response will I get and when will I receive it?
There are three types of responses you might get from the County once a decision has been made about giving you the records. They are:
- Access in full - you are getting everything that you have asked for
- Access in part - the County will let you know that they are providing some of the information and will explain the reasons why
- Withheld in full - the County will let you know that they are not providing any of the information and will explain the reasons why
Responses are normally provided within 30 days of receipt of the request.
How to Submit a Request
To obtain a copy of the application in PDF to review or print and fax or mail, please click here
. Requests submitted by fax or mail can be sent to the FOIPOP Administrator
What if access is denied or I disagree with the response?
You have the right to contact the NS Freedom of Information and Protection of Privacy Review
Office (1-866-243-1564) to request a review of the County’s decision. You must request this
review within 60 days of receiving the County’s decision. There is no charge for a review.