Question.

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

---Carried

Committee Report 3-12(6) is in committee of the whole. Item 10, reports of standing and special committees. The honourable Member for Deh Cho, Mr. Gargan.

Thank you, Madam Speaker. Madam Speaker, Bill 6, Access to Information and Protection of Privacy Act received second reading on April 7, 1994. The intent of the act is to make it easier for members of the public to find out and obtain information about the activities of government bodies by providing avenues for reviewing recorded information.

The standing committee conducted its public review of the proposed legislation beginning on Monday, August 29, 1994 through Friday, September 2, 1994.

At the public hearings held in Yellowknife, the Standing Committee on Legislation identified, through the various witnesses at the public hearings, a number of problems with the proposed legislation. Most of the areas of concern have been addressed through amendment in committee. See Appendix A.

Results Of The Review

The standing committee received many positive comments during its public hearings on Bill 6, Access to Information and Protection of Privacy Act. Generally, the public was pleased that legislation supporting a more open government was finally before the Assembly. Although the public did support the bill in general terms, there were reoccurring concerns heard throughout the committee's review. The most notable concerns are as follows:

A. Exclusion Of The Office Of The Legislative Assembly From The Definition Of Public Body

Many presentations during the public hearing on Bill 6 recommended the inclusion of the office of the Legislative Assembly in the definition of public body. Most presenters were of the view that the personal papers of individual Members and the privilege afforded to the Executive Council under the provision of Cabinet secrecy were sufficient. Presenters felt the office of the Legislative Assembly is an institution different from the Members of the Assembly and the background papers and research information should be accessible by the public.

Members of the committee feel that, ultimately, politicians and the Legislative Assembly are accountable to the public in terms of the information that they table in the House. The committee did conduct a survey and found that, although the trend across the country appears to be towards more open government, no jurisdiction has the offices of the Members of the Legislative Assembly or Members of the Executive Council open to access to information. Members of the committee also feel that because the office of the Assembly comes under the authority of the Speaker and the Management and Services Board, it has the stature of being the executive arm of the Legislative Assembly and therefore should remain exempt from the definition of public body.

B. Applying The Act To Municipal Governments

The provision of Bill 6, Access to Information and Protection of Privacy Act only applies to records in the custody of the Government of the Northwest Territories. The act does not extend to municipal governments. The government felt that it was important to discover the implications and applications of the act on the territorial government before contemplating an extension to other levels of government.

C. Exemption Override Of 25 Years

Generally, all access legislation provides that, in certain defined circumstances, some or all of the exemptions contained in the act, do not apply. These are referred to as the overrides. The result is that the public body must provide access to the requested information even though another section of the act contains a mandatory or discretionary exemption from doing so.

Bill 6, Access to Information and Protection of Privacy Act does contain an override provision to allow for the disclosure of Cabinet documents and other exempted material if the record in question was in existence for more than 25 years.

Most presenters, as well as Members of the committee, felt that 25 years was too long a period of time and that the protection this afforded was not warranted.

Although it was acknowledged that governments often must make difficult decisions and the release of the background information leading to that decision could prevent the Members of the Executive from being active in decision making, it was felt that information of a politically sensitive nature should not be inaccessible by entire generations.

The committee, with the concurrence of the Minister, amended the 25 year override provision contained in Bill 6 to 15 years.

D. Definition Of "Aboriginal Government"

During the public review of Bill 6, some presenters were concerned about the definition of aboriginal government contained in the definitions of the act. The concern was with the possibility that although the definition of aboriginal government is strictly limited to this act, the precedent would be set to define what an aboriginal government is. It was felt that this would lead to the possibility of a definition of aboriginal government becoming enshrined in forthcoming legislations.

The committee was advised that the loose definition of aboriginal government for the purpose of this act was required to afford to aboriginal organizations the same protection other governments that deal with the Government of the Northwest Territories are granted. It was noted that if information would impair the relationship between the Government of the Northwest Territories and an aboriginal organization, then the Government of the Northwest Territories would decline to release the information requested. However, in order to do so in this legislation, the government had to define, in a very broad manner, what was meant for the purposes of legislation, an aboriginal government.

Some Members of the committee were still concerned that information held by the territorial government obtained from an aboriginal organization could be released at the discretion of the head of the department who was in possession of the recorded information. The Members felt that the legislation should explicitly afford for third-party notification and consent before the head of a department could grant public access. The government amended the legislation, with the agreement of the Minister, to address these concerns.

Madam Speaker, I'd like to turn the rest of the report over to my colleague from Yellowknife Centre.

Thank you. The honourable Member for Yellowknife Centre, Mr. Lewis.

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.

Thank you. The motion is in order. To the motion.

Question.

Question has been called. All those in

favour? All those opposed? Motion is carried.

---Carried

I just want to bring to the attention of the House an oversight on my part. When the Member of Deh Cho was reading the interim report on the review of Bill 5, towards the conclusion of his remarks, he indicated to the House that he wanted unanimous consent to waive rule 70(1). He did not pause and went on to move the adoption of the report. For the record, I would like to ask the Member for Deh Cho if he wishes to have unanimous consent to waive rule 70(1) to permit the Standing Committee on Legislation to complete its review beyond the 120 days allowed by the rules of the House? Mr. Gargan.

Yes, Madam Speaker, I wish to request unanimous consent to waive rule 70(1).

Thank you. The honourable Member is seeking unanimous consent to waive rule 70(1). Are there any nays? There are no nays.

Thank you. Item 10, reports of standing and special committees. Item 11, reports of committees on the review of bills. The honourable Member for Deh Cho, Mr. Gargan.

Report On Bills 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12

Madam Speaker, I wish to report to the Assembly that the Standing Committee on Legislation has reviewed Bills 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12, and wish to report that Bills 2, 3, 6, 8 and 12 are now ready for committee of the whole, as amended and reprinted.

And further, Madam Speaker, that Bills 4, 7, 9, 10 and 11 are ready for committee of the whole. Madam Speaker, I'm also requesting unanimous consent to have these bills ordered in committee of the whole for today.

Thank you. The honourable Member is seeking unanimous consent to place Bills 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 in committee of the whole for today. Are there any nays? There are no nays. Pursuant to rule 70(5) and on the order of the Assembly, Bills 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 are ordered into committee of the whole for today.

Item 11, reports of committees on the review of bills. Item 12, tabling of documents. The honourable Member for Baffin Central, Ms. Mike.

Thank you, Madam Speaker. I wish to table the following document, Tabled Document 20-12(6), letter to the publisher of Nunatsiaq News from Mr. Jim Currie, dated October 4, 1994.

Thank you. Item 12, tabling of documents. The honourable Member for Deh Cho, Mr. Gargan.

Thank you, Madam Speaker. Madam Speaker, I wish to table the following document, Tabled Document 21-12(6), a letter written to Sam Gargan from the Zhahti Koe Friendship Centre from Anna Bouvier. It is with regard to a territorial-wide campaign to increase wages and provide benefits to family violence prevention workers.

Thank you. Item 12, tabling of documents. The honourable Member for Iqaluit, Mr. Patterson.

Thank you, Madam Speaker. I wish to table the following document, Tabled Document 22-12(6), Nunatsiaq News editorial dated September 27, 1994 entitled "Get Out and Vote Anyway" and Nunatsiaq News editorial dated September 30, 1994 entitled "GNWT Controlling Free Press?"

Thank you. Item 12, tabling of documents. In accordance with section 12(4) of the Electoral District Boundaries Commission Act, I wish to table Tabled Document 23-12(6), the report of the 1993-94 Electoral District Boundaries Commission Northwest Territories in English and in Inuktitut.

In addition, in accordance with section 34 of the Legislative Assembly and Executive Council Act, I wish to table Tabled Document 24-12(6), the report showing the amounts paid by way of indemnity allowances or expenses paid to or incurred by Members of the Legislative Assembly for the fiscal year ended March 31, 1994.

In addition, in accordance with section 30 of the Northwest Territories Act, I wish to table Tabled Document 25-12(6), the Report of the Auditor General of Canada on Other Matters Arising from the Examination of The Accounts and Financial Statements of the Government of the Northwest Territories, for the year ended March 31, 1993. Item 12, tabling of documents. Item 13, notices of motion. The honourable Member for Hay River, Mr. Pollard.

Thank you, Madam Speaker. Madam Speaker, I give notice that on Friday, October 7, 1994, I will move the following motion.

I MOVE, seconded by the honourable Member for Mackenzie Delta, that Tabled Document 23-12(6), Report of the 1993-94 Electoral District Boundaries Commission Northwest Territories, be moved into committee of the whole for discussion. Thank you, Madam Speaker.

Thank you. Item 13, notices of motion. The honourable Member for Sahtu, Mr. Kakfwi.

Thank you. Item 13, notices of motion. Item 14, notices of motions for first reading of bills. The honourable Member for Hay River, Mr. Pollard.