The proposed amendment number two eliminates the need for a detailed file directory. There are two parts to a directory currently suggested in the act. A list of all public bodies with the names and addresses of the contact positions and a description of the categories of records or files each public body is responsible for. Developing and maintaining a directory of files is a very costly and time-consuming process. Members had a concern about creating a records management system which would become obsolete in less than three years. What will be important within departments will not be an extensive file tracking system, but knowledge of where the various files are.

What will be important to the public will be making the request in the right public body or knowing it will be quickly passed along to the correct public body. Sections 5, 11 and 12 of the act ensure that if a request is submitted, to the wrong public body, they have an obligation to ensure it gets to the right place as quickly as possible. The requirements for a list of departmental contacts will remain in the act.

Recommendation #4

I MOVE that this Committee recommends that the act be amended to remove the requirement that the directory contain a general description of the categories of records in the custody or under the control of each public body.

Agreed.

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

Question.

Question is being called. All those in favour. Thank you. Down. Opposed. The motion is carried.

---Carried

Carry on, Mr. Picco.

Thank you.

Recommendation #5

I MOVE that this Committee recommends that the amendments be made in a timely manner to allow the amended act to come into force by December 31, 1996.

Thank you, Mr. Picco.

The motion is in order. To the motion.

Question.

Question is being called. All those in favour. Thank you. Down. Against the motion. The motion is carried, Mr. Picco.

In reviewing the legislation Members did look at other issues including, should a deal stop at the Commissioner, rather than the Supreme Court, and, should the initial point of contact be individual departments rather than a central location; however, there was agreement that the basic framework proposed under the Act was acceptable. The only changes that were crucial were those that would allow a smooth transition when division occurs. The key for the Members of the Working Group was the ensure that the Access to Information and Protection of Privacy Act could be implemented on schedule and in a way which was as economical and efficient as possible without changing the intent of the Act.

They would like to see the Act with the two amendments suggested in place with a simple, straightforward regime leaving out the extra frills which add costs, but which do not significantly improve the public's ability to access information. Rather than creating a complex structure in anticipation of demand, Members believe it is better to implement the Act and then determine over time what modifications might be required based on the demand.

This timeline for implementation of the Access to Information and Protection of Privacy Act is very tight. Some departments and agencies may not be fully prepared to deal with requests for information efficiently and effectively when the Act comes into force on December 31, 1996; as well, there may be some carryover tasks not completed by December 31, 1996.

There are other issues in this Act, Mr. Chairman. Combining the Information and Privacy Commissioner's office with other Commissioner's offices. Members considered the option of combining the offices of the Information and Privacy Commissioner with the Office of the Language Commissioner, the Conflict of Interest Commissioner, and if legislated, the Office of the Ombudsman. There was strong support for looking at this option prior to the appointment of the next Language Commissioner; however, this again, was seen as a division issue. Rather than tying the hands of the new governments the Members instead supported an appointment of the Information and Privacy Commissioner in a way which would allow the two new Territories to make a decision on amalgamating offices in 1999.

There has been no clear identification of which Minister would be responsible for ensuring the implementation of the Act within the Government. A review of other jurisdictions shows no consistent placement of this responsibility; however, there is a need for a single Minister to take responsibility. This would include maintaining the revised directory, preparing forms, and other necessary paper work. Much of the work is tied to records management, forms, and printing and publication; therefore, the most appropriate Department within the current Government of the Northwest Territories structure to assume responsibility for the overall implementation of the Act would be the Department of Public Works and Services.

Recommendation 6: I move that this committee recommends that the Minister of Justice should be responsible for overall implementation of the Act within the Government.

Thank you. The motion is in order. To the motion, Mr. Ootes.

Thank you, (pause), I am being advised that the motion should read:

The Working Group on Access to Information and Protection of Privacy recommends that the Minister of Justice should be responsible.

To the motion, Mr. Morin.

Thank you, Mr. Chairman. Mr. Chairman, I guess I listen with great interest and just to remind Members that I am sure we will all support this recommendation that ultimately the Premier will appoint the Member of Executive Council to be responsible for the overall implementation of the Act within the Government Northwest Territories and ultimately it will fall under that responsibility. Thank you.

To the motion. Question. All those in favour of the motion. Thank you. Down. Thank you. Opposed. The motion is carried.

Mr. Ootes voted against it.

Thank you. Mr. Picco, I believe you still have a line or two in your report, Mr. Picco.

Thank you, Mr. Chairman. Mr. Chairman, I am going to talk a little bit about the historical files after division. As part of the Government's work on division some consideration must be given to the placement and ownership of Government files after March 31, 1999. This ends the reports of the Working Group on Access to Information and Protection of Privacy Act. I would just like to say for the record, Mr. Chairman, I thoroughly enjoyed working with Minister Dent and Minister Thompson, Chairman Steen, and Mr. Miltenberger during the hot, warm, days this summer, putting this together. It was an effort of some due course and understanding and I am very pleased to have been part of this wonderful ad hoc group. Thank you, Mr. Chairman.

Thank you, Mr. Picco. Can we agree that Tabled Document 89-13(3) is concluded? Agreed? Yes, thank you. What is the wish, Mr. Ootes?

Thank you. I believe it is a Minister's Statement 82-13(3), Premier's Sessional Speech. Do we agree with the Honourable Member

that we shall proceed, Mr. Krutko.

Thank you. There is a motion on the floor to report progress and the motion is not debatable. All those in favour of the motion, please signify in the usual manner. Thank you. Down. All those opposed. The motion is defeated so we will carry on with Minister's Statement 82-13(3), Premier's Sessional Speech. Do we have any general comments on the Minister's statement. Mr. Picco.