The province’s Privacy Commissioner is calling on government to restore the authority of his office to demand to see certain records in order to ensure that government and public bodies are being open and transparent as required by law.

Michael Harvey says the ability of the Commissioner to demand to examine documents during an investigation that a public body claims are subject to solicitor-client privilege, “is central to how the Office…performs its independent oversight function.” He asks if his office cannot examine the documents to ensure that the privilege applies, then how can those requesting an investigation be confident in the access to information process?

Harvey was responding after the NL Court of Appeal ruled this month that the Commissioner will no longer be able to demand to see certain records. While disappointed with the decision, he says his office respects it and will not seek leave to appeal to the Supreme Court of Canada.

However, says Harvey, the decision results in what he says is a return to Bill 29, where there is a gap in the core of his office’s critical oversight function.

In 2015, he says there was a consensus that that was unacceptable, and “nothing is different now.” A legislative fix is required according to Harvey, to ensure continued transparency and oversight within public bodies and a “critical change” to ATIPPA 2015 is required “as soon as possible.”

Justice Minister John Hogan indicated that amendments to the legislation are coming and Harvey says “the timing couldn’t be better.”