Madam Chair, I move that this committee recommend that schedule A of the Access to Information and Protection of Privacy Act be reviewed annually so as to ensure that the act be kept as up to date as possible, thereby ensuring that it will accurately reflect any changes to the GNWT structure, including changes to boards and agencies.

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

Question is being called. All those in favour? All those in opposed? The motion is carried.

---Carried

Mr. Menicoche.

ATIPP Training For Boards And Agencies

Thank you, Madam Chair. The Commissioner noted a notable lack of awareness amongst GNWT boards and agencies of the requirements and implications of the ATIPP Act. The Commissioner recommends that when appointing members to boards, the GNWT should ensure that at least senior members of boards and agencies receive ATIPP training, and that retraining be provided at least once every two years. The committee supports this recommendation.

The committee notes that substantial work has recently been undertaken to review GNWT boards and agencies. The committee suggests that if ATIPP training for boards and agencies has not already been taken into account in this review, that it may be appropriate to do so in the development and refinement of the GNWT boards and agencies governance framework.

Madam Chair...Mr. Chair...

---Laughter

The Standing Committee on Accountability and Oversight recommends that when appointing members to boards, the GNWT should ensure that board members receive ATIPP training, and that retraining be provided at least once every two years.

The motion is in order. To the motion.

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

---Carried

Mr. Menicoche.

Amendment Of The Act To Clarify The Status Of Board Members

Further to the previous recommendation, the Commissioner also notes in her report that there is some confusion amongst board members as to the status of their records with respect to the ATIPP Act. She recommends, in her report, that the act be amended to clarify that board members are considered public employees for the purpose of the act, and that all records generated by them in the course of their duties are subject to the act.

The Commissioner also recommends that board members be given instruction as to the collection, use and disclosure of information and the records that come into their possession in their roles as board members. She recommends that a protocol be developed with respect to how boards and individual board members are required to deal with records created, obtained or received in the course of their work on such boards. The committee supports this recommendation.

Given that the proper management of a record throughout its lifecycle is necessary to adequately respond to an access to information request, and to ensure personal information is properly managed, it is absolutely crucial to have procedures in place for records management at the board level. Again, the committee notes that it may be appropriate to consider records management procedures and protocols within the context of the boards and agencies governance framework.

The motion is in order. To the motion.

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

---Carried

Mrs. Groenewegen.

Access To Information And Privacy Legislation For Municipal Governments

For the fifth year in a row, the Commissioner's report addressed the lack of access and privacy legislation for municipal governments, and recommends that municipal governments be brought under territorial access to information and privacy legislation, either by including them under the act as public bodies, or by passing new legislation specific to them.

The committee considers access to information and protection of privacy standards to be an essential part of open and transparent government. Members acknowledge the challenges of developing and implementing such legislation for municipal governments, but do not consider them to be insurmountable. The committee points out that it can also be a substantial burden for municipal staff to respond to information requests, from the public, without the benefit of legislation to guide decision-making.

The GNWT has identified several challenges to address before municipal governments would be in a position to comply with new information and privacy legislation. First, there are concerns with how the act would impact day-to-day operations and general administration of the municipalities. Second, there are concerns relating to the cost of administering the act and whether the additional money to cover the cost of implementation would be added to municipalities' base funding. Finally, there is need for additional training for ATIPP and records management. In addition, the GNWT has committed to clarify how the federal Personal Information Protection and Electronic Documents Act, PIPEDA, which came into full force on January 1, 2004, will impact municipalities, and report to the committee in the fall of 2005. The committee looks forward to reviewing this report. Committee members also recognize that addressing these challenges will require support and continued effort from municipalities and from the GNWT.

Mr. Chairman, I move that this committee recommends that the GNWT continue to work with the NWT Association of Communities to assess the resources required for municipal governments to be able to comply with access to information and protection of privacy legislation, and to develop an implementation plan.

Thank you, Mrs. Groenewegen. The motion is in order. To the motion.

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

---Carried

Mrs. Groenewegen.

Private Contractors

The Commissioner recommends that access to information and privacy clauses should be included in outsourcing contracts, so as to require compliance with ATIPP. The committee recognizes that the recommendation to include privacy clauses in outsourcing contracts is being addressed by the GNWT.

The committee also notes that Bill 3, An Act to Amend the Access to Information and Protection of Privacy Act, proposes several changes that would broaden the definition of "employee" to cover contractors, which will also address this important concern.

Given the Information and Privacy Commissioner's expertise on the act, and that an essential part of her role is making recommendations to the Assembly for amendments to it, committee members feel strongly that her consultation and involvement in proposed changes to the Act is crucial.

Made-In-The-NWT Privacy Legislation For The Private Sector

As in previous reports, the Commissioner recommends the NWT enact its own "made-in-the-north" privacy legislation to regulate how the private sector collects, uses or discloses personal information.

NWT businesses are already regulated by PIPEDA, which came into full force on January 1, 2004. However, the Commissioner has raised concerns that PIPEDA will not provide an adequate regulatory framework for the NWT. Unless the Northwest Territories passes its own legislation, privacy protection in the private sector will be dictated by Ottawa, and may not be appropriate to the realities of the NWT.

Businesses need guidelines and the rule of law to regulate the use of personal information, and the public needs legislation for protection. The issue is becoming more and more urgent with rising incidence of identity theft. Alberta, Quebec and B.C. have all enacted their own provincial legislation, and three more provinces are considering doing the same. The committee supports the Commissioner's recommendation, and is of the opinion it is time for the GNWT to begin to address this issue.

The PIPEDA is new and its effectiveness in the NWT has not yet been tested. Committee members are of the opinion that the GNWT should begin to prepare its own review on whether the NWT needs its own private sector

privacy legislation, and integrate the general findings of the House of Commons review once complete, in 2006.

Mr. Chairman, I move that this committee recommends that the GNWT begin to formally review the effectiveness of PIPEDA in the NWT, and prepare an initial report on the need for "made-in-the-north" private sector privacy legislation.

Thank you, Mrs. Groenewegen. The motion is in order. To the motion.