Thank you, Mr. Speaker. I have a question for the Minister responsible for Safety. Mr. Speaker, Members of this House are aware there was an accident at Giant Mine over the weekend. Can the Minister indicate to this House when the last inspection was done at Giant Mine?

Mr. Todd.

Thank you, Mr. Speaker. Inspections at the Royal Oak Mine are done, at least, once every four weeks. The last inspection at this mine was on February 15, 16 and 17 and the area where the accident occurred was inspected at that time. I am told that a routine inspection by the mine safety division would not have revealed the problem in this area, since the inspection of a drop point does not indicate how much waste rock is present with respect to the accident.

Item 5, oral questions. Supplementary, Mrs. Marie-Jewell.

Thank you, Mr. Speaker. I would like to ask the Minister if he could provide this House with the time frames for inspections at the Royal Oak Mine, formerly Giant Mine. Thank you.

Mr. Todd.

Mr. Speaker, yes I can provide that.

Item 5, oral questions. Item 6, written questions. Item 7, returns to written questions. Mr. Morin.

Thank you, Mr. Speaker. I have a return to a written question, asked by Mr. Zoe on March 11, 1993, regarding NWT contracts with Robinson Enterprises Ltd. for the NWT Housing Corporation. Thank you.

Mr. Morin, if you have filed it with the Clerk it is not necessary to read it, it automatically goes into the record. However, because you started to read it you have to complete the total response. Mr. Morin.

On March 11, 1993, the honourable Member for North Slave asked a question regarding the amount of contracts between the Housing Corporation and Robinson Enterprises Ltd. over the last ten years, and the nature and location of the work carried out. Records on these matters are only kept for seven years.

The Housing Corporation has had three contracts with Robinson Enterprises over the past seven years.

1. In 1987, Robinson Enterprises was awarded a contract of $96,600 for road construction and the trucking of home ownership assistance program packages to Snare Lakes.

2. In 1988, Robinson Enterprises was awarded a contract of $45,825 for road construction and the trucking of home ownership assistance program packages to Snare Lakes.

3. In 1990, Robinson Enterprises was awarded a contract of $205,000 for road construction and the trucking of home ownership program packages and fuel to Snare Lakes, $65,000 was recovered from the petroleum, oils and lubricants division of the then Department of Government Services for the hauling of the fuel. This reduced the final cost to the Housing Corporation to $140,000.

Item 7, returns to written questions. Item 8, replies to opening address. Item 9, petitions. Item 10, reports of standing and special committees. Mr. Arngna'naaq.

Thank you, Mr. Speaker. I am pleased to make a report on the Standing Committee on Legislation's report on government accountability. The Standing Committee on Legislation has completed its review on Tabled Document 33-12(2), entitled "Government Accountability: A Legislative Action Paper on Access to Government."

The standing committee held public hearings in eight communities through the Northwest Territories from January 11 to 21, 1993. The public hearings were held in Cambridge Bay, Hay River, Inuvik, Iqaluit, Norman Wells, Pond Inlet, Rankin Inlet and Yellowknife. The Standing Committee on Legislation extends its appreciation to the individuals and organizations who made verbal presentations or submitted written briefs to the committee. The comments and suggestions were thoughtful and have been studied carefully by the committee during our deliberations.

In its review of the legislative action paper, the Standing Committee on Legislation considered carefully the history and principles of right to information legislation and ombudsman legislation in other countries and other Canadian jurisdictions. Witnesses who appeared before the committee were also questioned with respect to their views as to the desirability of right to information and ombudsman legislation for the Northwest Territories, and as to the most appropriate structure for such legislation.

During the public hearings, the standing committee consistently heard that members of the public view the right of access to government records to be linked to a more basic right to participate in democratic government. Without exception, each public hearing left the standing committee with the conclusion that residents of the Northwest Territories want right to information legislation to become a priority to this government.

The Standing Committee on Legislation is of the opinion that the government should take immediate action to develop a bill which establishes the right to access certain information held by government bodies. The people of the Northwest Territories should not be forced to wait any longer for rights that are recognized in most of Canada.

This bill should include components to protect the privacy of individuals with respect to personal information held about them by government. This bill should be introduced to the Legislative Assembly no later than the fall of 1993. If this bill receives second reading, it would again be referred to the Standing Committee on Legislation for review.

The standing committee considered the submissions provided by the public, and the structure and content of legislation in other jurisdictions. As a result, the standing committee reached certain conclusions as to the principles and components of legislation which might best meet the needs of the people of the Northwest Territories.

Many submissions to the standing committee stressed that the government must make a strong commitment to the right of the public to access government information, and to a number of underlying principles. In the committee's view, the following principles reflect the optimal framework for an effective access to information system:

1. The public must be provided a right, protected in legislation, to have access to all information held by the government, subject only to limited and specific exemptions in the legislation;

2. Individuals must have a right of access to, and a right to request correction of, personal information about themselves;

3. The burden of proof must be upon the government to justify the withholding of government information;

4. A denial of access to information must be subject to independent review;

5. The legislation must prevent the unauthorized collection, use and disclosure of personal information by government;

6. The procedure for acquiring information must be clear, simple and accessible by residents of the all NWT communities;

7. Fees must not form a barrier of access to information;

8. The legislation should contain a requirement for period mandatory review by the Legislative Assembly.

The Standing Committee on Legislation spent considerable time discussing the appropriate scope of right to information legislation. The committee is of the opinion that a priority should be placed on the right to access records from government departments and corporations, and from government boards, agencies and commissions to which the committee appoints at least one member.

The committee recognizes as well, that other jurisdictions have recently moved in the direction of an extension of right to information legislation to municipal bodies, government funded agencies, and self-governing bodies. A right to information bill should be designed with the view that such extension might be anticipated in the future, once experience has been gained with the statute.

The Standing Committee on Legislation came to some conclusions with respect to the design of the access components of right to information legislation. The committee recognizes that certain types of information should not be available to the public, for very good reasons. The committee is of the view that where this is necessary, exemptions to the right of access should be clearly set out in the legislation.

Exceptions to the right of access should be discretionary in most cases, so that even information that could not normally be accessed may be released by government bodies where it is clear that no harm will be done by its release.

The Standing Committee on Legislation is also in favour of including a public interest "override", so that in the case of a significant risk to public safety, public health or the environment, information that would otherwise be exempt may be disclosed in the public interest. When the risk warrants, the government should be required to disclose such information on its own volition, even though a request may not be made.

The standing committee considered the types of information that might justifiably be exempt from disclosure to the public. In the view of the committee, protection must be given to personal information held by government about other people. As well, the committee was of the opinion that exemptions should be included to restrict the release of information that would harm:

-the commercial interests of a party other than the requester or the government;

- the conduct of law enforcement or legal proceedings;

- individual or public safety;

- intergovernmental relations or negotiations; and,

- the economic interests of government.

In addition, the committee recognizes that some protection should be provided for the deliberations of Cabinet, although clear restrictions should be placed on such an exemption.

The Standing Committee on Legislation also considered the recommendation of the public and the experiences of other jurisdictions with respect to the inclusion of "privacy provisions" in right to information legislation .

The committee concluded that provisions to protect individual privacy are a crucial component of such legislation. Such provisions would protect the privacy of personal information by restricting the government's collection, use and disclosure of personal information. As well, it would ensure that individuals have a right to access and request correction of personal information about themselves held by the government.

The committee was concerned that right to information legislation, although strongly supported by those who appeared before the committee, would be of little practical effect if residents in each of the communities were not provided with a direct and accessible means of exercising their rights in their own language. The unique needs of the Northwest Territories must be recognized in the design of the legislation. The committee is of the opinion that a community focused model must be developed to assist individuals with access to information requests. Later, ombudsman legislation, if passed, could also make use of such a framework.

The Standing Committee on Legislation views the provisions of access to government information as a public service to which the public has a right. Therefore, the committee cannot support the levying of fees for access to the requester's own personal records, or for time spent by government in searching for records. However, a small administration fee and/or charges to cover copying expenses may be justified, keeping in mind the principle that fees must not form a barrier to access.

The standing committee is of the opinion that right to information legislation should contain a process for the review of denials of access to information by government. The committee recognizes advantages to both the adjudicative and investigative models of review. Under either approach, however, it is vital that the review officer be independent from government.

During its review of the legislative action paper, the Standing Committee on Legislation also received several submissions expressing opinions on the development of ombudsman legislation. The role of an ombudsman, generally, is to investigate complaints about the way in which government policy is administered, to ensure that the actions of government are fair and reasonable.

While presentations were not unanimous, the standing committee reached the conclusion that the creation of an ombudsman office for the Northwest Territories could be justified, in the interest of ensuring that government administration is fair and accountable to the people it serves. Accordingly, the committee supports in principle the development of ombudsman legislation.

However, throughout the review process, the committee received many requests for more details about what an ombudsman is supposed to do. While witnesses appearing before the committee were generally familiar with concepts of access to information legislation, often as a result of previous debate or media coverage on the issue, the concept of the ombudsman has not received the same level of public attention. Members of the public expressed that without a concrete proposal, it was difficult to develop an informed response.

The standing committee agreed, and is of the opinion that this may best be addressed through the tabling of a second legislative action paper, outlining specific options in this area. Preferably, the paper would be appended by a draft bill for public review and consultation. The paper should focus on potential powers, duties and jurisdiction of the ombudsman, a model for community access and a plan for coordinating ombudsman activities with the office of the official languages commissioner and right to information legislation.

The following recommendations are included in the standing committee's final report on the access to government legislative action paper.

Recommendation No. 1

That the Minister of Justice proceed on a priority basis with the preparation of a bill which would establish the right of access by the public to information held by government institutions.

Recommendation No. 2

That the Minister of Justice develop a legislative action paper outlining a proposal for the creation of an ombudsman for the Northwest Territories.

Mr. Speaker, that concludes the report of the Standing Committee on Legislation.

Motion To Move Committee Report 15-12(3) To Committee Of The Whole

Therefore, I move, seconded by the honourable Member for Yellowknife Centre that the report of the Standing Committee on Legislation on Tabled Document 33-12(2): Government Accountability: A Legislative Action Paper on Access to Government, be received by the Assembly and moved to committee of the whole for consideration. Thank you.

Thank you, Mr. Arngna'naaq. Your motion is in order. To the motion.

Question.

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Committee Report 15-12(3) will be put into committee of the whole. Item 10, reports of standing and special committees. Mr. Zoe.

The motion is in order. To the motion.

Question.

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Item 10, reports of standing and special committees. Item 11, report of committees on the review of bills. Item 12, tabling of documents. Mr. Ningark.

Item 12, tabling of documents. Item 13, notices of motion. Item 14, notice of motions for first reading of bills. Item 15, motions. Motion 22-12(3), Condemnation of Federal Government Cuts to Funding for Northwest Territories Programs. Mr. Arvaluk.

Thank you, Mr. Speaker.

WHEREAS, the federal government through the Minister of Finance announced a number of reduction measures in its economic and fiscal statement on December 2, 1992;

AND WHEREAS, the economic and fiscal statement outlines the reductions in three categories:

-programs where benefits are frozen, this category includes unemployment insurance benefit freeze and changes regarding voluntary quitters, science and technology, selected aboriginal programs and grants in lieu of taxes;

-grants and contributions reduced by ten per cent, this category includes regional and industrial subsidies, transportation studies, cultural subsidies and selected (unspecified) aboriginal programs;

-operating budget cuts, this category includes wage freeze and operating budget reductions for federal government departments and Crown corporations.

AND WHEREAS the full impact of these reductions in Northwest Territories programs and services are very difficult to identify;

AND WHEREAS this House has already expressed its displeasure with a ten per cent cut to the Canada-Northwest Territories cooperation agreement for French and aboriginal languages;

AND WHEREAS the federal government cuts may impact on such programs as art groups, aboriginal groups, friendship centres, French language delivery in education, Arctic College literacy fund, industry, science and technology and in the Department of Indian and Northern Affairs;

AND WHEREAS the groups affected by these cuts have not been notified as to the impact they will have to funding groups;

AND WHEREAS the impact of the reductions to programs and services in the Northwest Territories is expected to be tremendous;

NOW THEREFORE I MOVE, seconded by the honourable Member for Inuvik, that this Legislative Assembly condemns the Government of Canada for its apparent lack of consideration to the people of the Northwest Territories with its expenditure reduction measures as contained in the economic and fiscal statement;

AND FURTHER that the territorial Minister of Finance make every effort to consult with his federal counterparts to ensure he is made aware of the effects of the federal expenditure reduction measures will have on people and groups in the Northwest Territories.

---Applause

Thank you, Mr. Arvaluk. Your motion is in order. To the motion. Mr. Arvaluk.