That the Legislative Assembly demonstrate their commitment to all official languages by ensuring visibility of languages throughout Legislative Assembly session with the presence of simultaneous interpreters.

Members of the standing committee took note that this recommendation is contrary to a previous Languages Commissioner's recommendation that languages services at the Legislative Assembly be reprofiled and channelled to the community level. While the committee recognizes that the visibility of languages is an important issue, it is concerned that the cost of providing simultaneous translation may be high. Some members of the committee, however, feel that the financial investment is vital in order to preserve the use of aboriginal languages. The committee requests that the Board of Management undertake a cost/benefit analysis and make a recommendation on this matter.

That the Legislative Assembly provide adequate funds to the Office of the Languages Commissioner, whose business is language, to carry out correspondence, public communication, and meetings with the services of interpreter/translators, thus ensuring office credibility in fulfilling its goals.

The standing committee notes that the Languages Commissioner has requested $66,120 in supplementary funding in order to translate items such as the newsletter, website, annual report and other communications. The committee notes that the Languages Commissioner received an increase of $12,000 in her 2002-2003 budget and a substantial increase in the 2001-2002 budget. The committee is also aware that the Languages Commissioner may request access to the Legislative Assembly's language services budget for any further translation costs.

In order to provide a consistent picture of language growth or decline across official languages groups and in order to identify critical success factors that provide a basis upon which to make well-informed decisions for language programs and policies, the office recommends the Legislative Assembly approves funding to the Bureau of Statistics, in consultation with the Office of the Languages Commissioner, to undertake socio-linguistic research every three to five years.

Members of the standing committee had the opportunity to peruse several survey options provided by the NWT Bureau of Statistics. The committee is aware that good information is essential for the protection of languages and culture. However, the committee is also aware that the Special Committee on the Review of the Official Languages Act is investigating this issue and will be presenting their report next year. The standing committee would like to wait for the special committee's findings on this matter before making a specific recommendation on this topic.

Considering the urgency and the need for good services in the interpreter/translator field, it is imperative that implementation and development of a comprehensive strategy for I/T training and certification becomes a priority for the Department of Education, Culture and Employment in conjunction with the Office of the Languages Commissioner. This process should be completed within three years (2004) for all official languages.

The Standing Committee on Accountability and Oversight took considerable interest in this recommendation. The committee is aware that a former Minister for Education, Culture and Employment promised in the House that this particular concern would be addressed. The standing committee is disappointed to see that, despite the passage of several years, there has been no movement on this issue. For this reason, Mr. Speaker, we have a recommendation.

Recommendation

The Standing Committee on Accountability and Oversight recommends that the government establish a comprehensive strategy for the training and certification of aboriginal language interpreters/translators by 2004.

The Standing Committee on Accountability and Oversight recommends that the government provide staff workshops on the act and that the act be included in the orientation of new GNWT employees.

Members of the Standing Committee on Accountability and Oversight would like to thank the Commissioner and her staff for the annual report and presentation.

Mr. Speaker, that concludes the report of the Standing Committee on Accountability and Oversight on the review of the annual report of the Languages Commissioner, 2000-2001.

THEREFORE I MOVE, seconded by the honourable Member for Inuvik Boot Lake, that Committee Report 7-14(5), be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.

Thank you, Mr. Dent. We do have a motion but it has been brought to my attention that we need a quorum. Mr. Clerk, would you please sound the bell?

-- Ringing of the Bells

Thank you. The honourable Member for Frame Lake, would you please restate your motion?

Thank you, Mr. Speaker. Mr. Speaker,

I MOVE, seconded by the honourable Member for Inuvik Boot Lake, that Committee Report 7-14(5) be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.

Thank you, Mr. Dent. We have a motion. The motion is in order. To the motion. Question has been called. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried.

Item 4, reports of standing and special committees. The honourable Member for Frame Lake, Mr. Dent.

Thank you, Mr. Speaker. Mr. Speaker, I would request unanimous consent to waive Rule 93(4) and have Committee Report 7-14(5) moved into committee of the whole for today.

Thank you. The honourable Member is seeking unanimous consent to waive Rule 93(4) and have Committee Report 7-14(5) moved into committee of the whole for today. Are there any nays? There are no nays. The committee report will be moved into committee of the whole for today. Item 4, reports of standing and special committees. The honourable Member for Inuvik Boot Lake, Mr. Roland.

Thank you, Mr. Speaker. The Review of the Access to Information and Protection of Privacy Commissioner's Annual Report, 2000-2001.

The Legislative Assembly of the Northwest Territories enacted its first Access to Information and Protection of Privacy Act on December 31, 1996. The stated intention of the act is to "promote, uphold and protect access to the information that government creates and receives and to protect the privacy rights of individuals."

The Information and Privacy Commissioner is an independent officer of the Legislative Assembly, but is required under section 68 of the Access to Information and Protection of Privacy Act to prepare and submit an annual report on the Commissioner's activities to the Legislative Assembly. Ms. Elaine Keenan-Bengts was re-appointed as the Northwest Territories' Information and Privacy Commissioner on July 1, 2000 and will serve a five-year term.

The Access to Information and Protection of Privacy Act provides the public with a means of accessing the information that government collects through its departments and various regulatory bodies. The legislation was also designed to place restrictions on the disbursal of certain information in order to protect the privacy rights of individuals. The act also gives individuals the right to see and make corrections to the information about themselves.

The Standing Committee on Accountability and Oversight met with the Access to Information and Protection of Privacy Commissioner, Elaine Keenan-Bengts, on March 6, 2002 to review the Commissioner's annual report for the year 2000-2001.

During her opening comments, the Commissioner referred to her 1999-2000 annual report suggesting that an amendment be added to the Access to Information and Protection of Privacy Act specifying that the head of a public body would be deemed to have accepted the Commissioner's recommendation if that public body had not responded within 30 days.

The Accountability and Oversight Committee did not agree with the Commissioner's recommendation at that time and instead suggested an amendment stating that the head of a public body would be deemed to have refused the Commissioner's recommendation if that public body has not responded within 30 days.

The government agreed with the committee and is currently drafting an amendment for a deemed refusal clause.

The standing committee re-considered the issue given the Commissioner's concerns, however, and ultimately decided that the deemed refusal clause was a more appropriate action for the government to take. The standing committee will review the amendment for a deemed refusal clause once it is presented by the government.

The Commissioner noted in both her annual report and at the public review that tax-based communities currently have no legislation regulating the release of names, addresses or other private information on web pages or in other public documents. Municipal officials from both Yellowknife and Hay River have identified this as a serious concern.

The standing committee noted that the matter was referred to the Department of Justice. The committee has sent a letter asking for the department's opinions on this issue and awaits its reply.

In the meantime, the standing committee fully supports the Commissioner's recommendation that municipalities be included under territorial access to information and the protection of privacy laws. The Commissioner suggests that either new legislation should be drafted to deal with municipalities or municipalities should be included under the current legislation. The standing committee is willing to review either option at the government's earliest convenience.

The Commissioner pointed out that new federal legislation titled Personal Information and Electronic Documents Act that regulates the collection, storage and use of personal information in the private sector, will come into full force on January 1, 2004. As of January 1, 2001, this legislation came into effect for "federal works" and for companies who transfer information over provincial/territorial borders.

The Federal Privacy Commissioner considers the Northwest Territories, Yukon and Nunavut as being "federal works" under the act and therefore the federal Commissioner has now taken on the responsibility of investigating all complaints made in this area.

The NWT Access to Information and Protection of Privacy Commissioner would like to see the establishment of territorial legislation in order to avoid having local issues handled by a federal body.

The standing committee noted that despite a letter from all territorial Justice Ministers questioning the federal Privacy Commissioner's interpretation of "federal works" the federal Commissioner has refused to alter his opinion.

The Standing Committee on Accountability and Oversight recommends that the Government of the Northwest Territories establish legislation in order to avoid federal jurisdiction in the area of privacy and access laws that pertain to the regulation, collection, storage and use of personal information in the private sector here in the Northwest Territories.

The Commissioner is concerned that while publicly run health bodies are subject to the Access to Information and Protection of Privacy Act, other private health companies, such as pharmacists, dentists, chiropractors, et cetera, are not. Given concerns about the practice of companies selling health information to drug manufacturers and potential invasion of privacy issues, the Commissioner would like to see legislation enacted similar to the Health Information Act of Alberta. This legislation regulates the practices of all public and private health organizations and companies in respect to the release of information, among other issues.

The standing committee agrees that there is a need to protect the public from disclosure of health information by private health care companies. This legislated protection should either be included under the current Northwest Territories Access to Information and Protection of Privacy legislation or should be a part of a new law designed to protect NWT citizens.

The standing committee recommends that the government investigate the possibility of either expanding the current Northwest Territories Access to Information and Protection of Privacy Act or establishing new legislation to protect NWT citizens from the disclosure of personal information by private health care companies.

The committee wishes to express its thanks to the Information and Privacy Commissioner, Ms. Elaine Keenan-Bengts, for her continued cooperation and attendance at our review of her 2000-2001 Annual Report. Thank you, Mr. Speaker.

Thank you, Mr. Roland. Mr. Roland.

Thank you, Mr. Speaker. That concludes the report of the Standing Committee on Accountability and Oversight on the Review of the Annual Report of the Access to Information and Protection of Privacy Commissioner 2000-2001.

THEREFORE I MOVE, seconded by the honourable Member for Frame Lake, that Committee Report 8-14(5) be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.

Thank you, Mr. Roland. We have a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour? Thank you. All those opposed? Thank you. The motion is carried. The honourable Member for Inuvik Boot Lake, Mr. Roland.