Thank you, Madam Speaker.

E. Office Of The Information And Privacy Commissioner

The Information and Privacy Commissioner, under the proposed legislation, is responsible for reviewing government decisions with respect to access to information, as well as to overseeing the administration of the privacy provisions of the legislation.

The standing committee heard a number of presentations which called for the Commissioner to have the authority to enforce the legislation and have the power to order the government to release records or improve privacy safeguards. Further to this authority, the presentations propose that the government officials should then have the option of appeal like the general public.

As in all other jurisdictions which have access legislation, the Information and Privacy Commission is required to submit, before the Legislative Assembly, an annual report. Generally the report is to cover the work of the Commissioner's office and any complaints or reviews resulting from a decision.

In some jurisdictions, the legislation requires the report to also provide a comprehensive review of the effectiveness of the legislation in providing access to information and protection of personal privacy. Members of the standing committee felt that the review of the effectiveness of the act was a means to ensure that the Northwest Territories was operating under progressive and current access legislation. The committee moved a motion in committee to amend Bill 6 to include a review of the legislation in the annual report. The Minister concurred with this motion.

F. Fees For Services

Bill 6, Access to Information and Protection of Privacy Act has many instances where fees will be applied. The bill allows for fees to be levied at the discretion of the head of the public body. However, members of the public, as well as the standing committee, had concerns about the charging of fees for information. Although the levying of a charge could eliminate frivolous use of the access provisions, it could also deter or prohibit a section of the public from accessing information.

A recommendation from the Union of Northern Workers stated that an appeal process for the levying of fees should be instituted. The Information and Privacy Commissioner could hear these appeals. The standing committee feels that this option, as well as other options which might be available, should be explored.

G. Translation/Interpretation Services

The standing committee is concerned that by not providing for the translation of records into the languages of the NWT, the government is not providing equal access to information to all citizens. People who do not speak English, which is the main language of the government, will be cut off from most of the information of the government unless they are able to pay a prescribed fee for the translation of the record requested.

In general terms, the portion of the public who would require the translation of records into an official language are the sector of the population who can least afford the prescribed fee.

The standing committee realizes that it may not be possible to translate every record held by the government. The government does not have the human or financial resources. However, under other access legislation if a person requests a document in a particular official language, a copy of that record shall be given to the person in that language. If the document exists in that language, it shall be given to the person forthwith. If it does not exist in that language, it will be given to the person within a reasonable period of time, if it is in the public interest for the translation to be prepared.

Therefore, the Standing Committee on Legislation recommends that the Government of the Northwest Territories consider amending Bill 6, Access to Information and Protection of Privacy Act to allow for the translation of records into the official languages of the Northwest Territories without a prescribed fee if it is deemed to be in the public interest.

Motion To Move Committee Report 4-12(6) To Committee Of The Whole, Carried

That concludes the report on Bill 6, Access to Information and Protection of Privacy Act. Therefore I move, seconded by the Member for Yellowknife Centre, that the report on Bill 6 be received by the Assembly and moved into committee of the whole for today.