Opinion: NB Commissioner must be given needed power - Daily Gleaner
New Freedom of Information Act needs teeth
The province's current right to information legislation is antiquated and ineffective.
For instance, there is nothing compelling municipalities, universities, schools and hospitals to comply to information requests. In fact, we are the only province to exclude municipal governments from right to information legislation and one of two provinces that exclude universities and colleges.
The bottom line in our view, is that taxpayer funded institutions have an obligation to provide requested information so long as it doesn't interfere with true privacy concerns.
This legislation expands the law to cover municipalities, universities and some other public bodies.
It's clear by the extent of their investigation and their willingness to pursue new legislation, that the Liberals had every intention to go from worst to first and lead the pack of provinces in providing the best access to information legislation.
Time will tell if they stopped just a little short of their goal.
The legislation creates a separate and independent privacy and information commissioner. It's a move that gives more attention credibility and resources to the information access.
Yet, that commissioner, who charged with ensuring the province keeps its legal duty to provide information, cannot compel a government department to provide the information.
It's a curious deficiency that could be interpreted as being the government's final failsafe, ensuring it can withhold information if it's deemed in the government's interest to do so.
If the intent of government is to take the lead when it comes to access to information legislation, then the new information commissioner must be given the required teeth to do the job properly.
While the bill's intention is sound, this has the potential to undercut the government's intentions for the law.
Without real teeth, it's nothing more than a mouth without fangs
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