Mr. Chairman, yes, I would agree that for specific concerns, I am willing to wait until we get into those areas. On the general comments, I would like to point out areas that I have a concern over. That's the one I'm concerned about and I don't understand that section of the interpretation. At the beginning it sounds like, "'Record' means a record of information in any form and includes information that is written, photographed, recorded or stored in any manner..." But later on, it says, "...but does not include a computer program or other mechanism that produces records." To me, that's taping using a cassette tape recorder or video tapes, that sort of thing. I don't understand the section. Maybe when they get into the clause-by-clause, that could be explained to me.
Also in section 4(2), the bill says it prevails over any other act. That concerns me a little bit. We have really good acts that people of the NWT are able to use such as the Official Languages Act which helps the aboriginal people to get information or to use their language to get information from the government. Under this section, it says that if a provision of this act is inconsistent or in conflict with the provision of another act, the provision of this act prevails unless the other act expressly provides that it, or a provision of it, prevails notwithstanding this act. To me, that means the act which is to prevail, has to make reference to this act. Since this bill is new, none of the acts we are able to pass in this Legislature makes any reference to this act.
My concern is if all the good acts we have that help the people of the NWT conflict with this bill after it becomes an act, they are no longer effective. The government will use this to interpret what has to be done because it prevails in the other act. That's my area of concern, as well.
Also to me, what's the legal word you use, "ultra vires"? To me, that's an ultra vires clause because our language...I'm just thinking of the Official Languages Act, and the Wildlife Act; especially the language act which is protected by the NWT Act. It's under the NWT Act. This Legislature cannot, to my understanding, change it unless the federal government says we can. It's our constitution. This act, if it passes the way it is, overrides our constitution. I don't agree.
Also, one of the questions I'm going to ask when we're going through clause by clause -- because this act prevails over any other act within our power -- is if the government has done any research. What sort of acts are affected by this act because it overrides any other act? I don't know if they have, but maybe they will tell us.
Mr. Chairman, the area of concern I touched on a little bit was for people who cannot read and will not have access to information the government provides, because they cannot read. They are called illiterate, I believe. Mr. Minister will probably correct me when we get to clause 7, and will explain what the records are, such as tapes, video tapes, and that sort of thing.
But, I believe this act will be used by the media. They can use this act to let the people of the Northwest Territories know about certain things. The media could access that information, without people asking for it, after this is passed.
Mr. Chairman, this act also does not make a provision for confidential complaints. Let's say if an access or privacy Commissioner is appointed, and there are people out there making complaints to him/her, would the public be able to get the names of those people? Those areas are not explained in this bill, whether people will be able to get that information.
When we get to specific areas, I will raise those concerns again, Mr. Chairman.