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.