Thank you, Mr. Ramsay. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker. After raising the issue of a cell phone ban while people are driving, on Tuesday, I’ve received a considerable amount of feedback from both the community of Yellowknife as well as the riding of Yellowknife Centre. Many people are speaking out towards their support of this type of issue. Equally, they are stressing their concern about the lack of interest from the Minister of Transportation and his lacklustre answers when he was told to address the issue.

People in Canada are concerned about this issue and, I’ll tell you, people in Yellowknife and the Territory are starting to register their concerns. The New England Journal of Medicine might not have been good enough for the Minister of Transportation to hear. Why wasn’t the Canadian Medical Association not good enough for the Minister of Transportation to hear? Now we have, potentially, the Students Against Drunk Driving taking on this issue, as well as many other people concerned in the city about this. I’ve recently talked to one of our city councillors, Paul Falvo, who says maybe we can start a Facebook page to start drawing out the support.

The Minister of Transportation asking for the name of the person who raised this issue from my

constituency is highly irregular, but the fact is, it’s a safety issue, so it really doesn’t matter where it comes from. I’d like to know where the Minister is on this issue. Ultimately I think people demand a clear answer. If the Minister is finally listening to this issue, no matter where he is, I certainly hope he’s not driving in a big fancy truck tempted to grab his cell phone and say, hey, wait a minute, I feel differently. The fact is this needs to be driven home; there needs to be clear calls to this Minister to say stop, think about it.

I’m encouraging everyone who can listen to this statement, everyone who is going to take the time to read this statement, to e-mail the Minister at [email protected] and express their concerns about this issue and say action must be taken, because it is elsewhere in Canada and the world.

Thank you, Mr. Hawkins. The honourable Member for Nahendeh, Mr. Menicoche.

Thank you very much, Mr. Speaker. I would like to raise the important issue of home insurance in Nahendeh. Many homeowners across the NWT have installed wood or pellet stoves in their homes to reduce costs and their reliance on fossil fuels. Individuals and families require insurance on their homes to protect themselves from loss and also in order to get a mortgage. In order for a homeowner to get insurance or renew insurance on a home, wood burning stoves must be inspected and certified. Another even more important reason for inspection is to to ensure that the stove is operating properly, with no risk to the resident.

Homeowners in Nahendeh and throughout the North in our small and remote communities have problems getting a qualified person to inspect and certify their stoves. They are also having problems with the insurance industry, who are cancelling existing insurances due to the lack of these inspections. The only existing option is to get someone to come in from Hay River, and the costs are extremely high as travel costs would be the responsibility of the homeowner.

I have raised this issue before and government was responsive. They assisted in training two people from Fort Simpson, with the intention that they would be able to inspect stoves in the region. However, although two people took the training, it turns out that they have to be certified. They have to be supervised for 150 hours before they can be certified. The certifier does not live in the region and makes this almost impossible, thus we are no better off than before.

Mr. Speaker, we need help with this. I have a couple of suggestions. Firstly, I would like to see the Department of MACA arrange for the persons who took the training to work under a qualified inspector so that they can provide the service in our region and make an income. Secondly, Mr. Speaker, our government provides a number of inspection services.

Would the NWT Housing Corporation be prepared to offer this service to our region and communities? This is an important issue -- wood stove inspections -- that is difficult to do in our remote areas and communities. I believe that our government must continue to support our homeowners and find a unique solution for this issue. Mahsi cho, Mr. Speaker.

Thank you, Mr. Menicoche. The honourable Member for Mackenzie Delta, Mr. Krutko.

Thank you, Mr. Speaker. It is our duty as MLAs to listen to our constituents who elect us. We all have been hearing issues from this side of the House with regard to transfer of administration of the housing assessment of the Housing Corporation to ECE. Mr. Speaker, it is pretty clear that the system is not working, from our constituents and also talking to the LHOs in my riding. They are also having difficulties in regard to receiving the payment from ECE regarding the rent supp.

Mr. Speaker, I’m sure that ECE, with other programs and services that they prescribe, can also be provided and also not have to put as much attention and assessment to housing tenants.

Mr. Speaker, we do have to admit we made a mistake, and I admit here today, as a former Minister of the House.

But again, Mr. Speaker, in my visit to Tsiigehtchic a number of weeks ago, meeting with the housing operators and authorities and the tenants, this is still an issue, because once a month, basically, an income support worker either comes from McPherson or Inuvik and they have to wait for that individual to come to the community to get the assessments done. In the case of the housing authority, they are one month behind in regard to their payments. But again, if the individuals are not in the home community at that particular day, they are basically assessed on an economic rate.

Again, Mr. Speaker, I think it’s crucial that this government does everything it can to return to the

existing system prior to the switchover, back to the housing authorities so that the $30 million could go to where it was supposed to be spent in the first place and, more importantly, Mr. Speaker, working with the local housing authorities and also assisting the tenants so that they cannot have a record by way of arrears or being evicted from public housing simply because they missed the meeting.

So, Mr. Speaker, at the appropriate time I will be asking the Minister of the Housing Corporation questions on this matter. Thank you.

Thank you, Mr. Krutko. Item 4, reports of standing and special committees. The honourable Member for Nahendeh, Mr. Menicoche.

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review of the Information and Privacy Commissioner’s 2006-2007 and 2007-2008 Annual Reports and commends it to the House.

Introduction

The Standing Committee on Government Operations reviewed the 2006-2007 and 2007-2008 Annual Reports of the Information and Privacy Commissioner at a meeting on September 23, 2009. The committee would like to thank Ms. Elaine Keenan Bengts for her reports and for her appearance before the committee.

The purpose of the NWT’s Access to Information and Protection of Privacy Act (ATIPP) is to make public bodies accountable and protect personal privacy. The Information and Privacy Commissioner is an independent officer of the Legislative Assembly. Her primary role is to review and make recommendations on public bodies’ decisions under the act. In her comments on the annual reports at the review, Ms. Keenan Bengts expressed the opinion that, for the most part, the system created by ATIPP is working well.

The committee has seen progress. On its review of the complaints made to the Information and Privacy Commissioner in 2007-2008, the committee observed fewer incidents where ATIPP or its intent was not followed by departments and agencies than in previous years. The committee is pleased to observe many departments are providing active disclosure of records on a regular basis. The Department of Justice is developing training in the form of web-based tutorials on access and privacy

for all public body representatives, including board officials. In addition, in June of 2009, the Motor Vehicles Act was amended to address the committee’s concerns with unreasonable restrictions on disclosure of personal contact information.

Progress is being noted on other fronts. In an effort to raise awareness about the public’s right to access information, the Information and Privacy Commissioner plans to promote the “Right to Know” week that is held the last week in September each year in Canada and throughout the world. The committee is pleased to support this initiative which will highlight the importance of the concept of open government.

The Standing Committee on Government Operations is pleased to bring forward the following recommendations with regard to access to information and protection of privacy issues identified in the Commissioner’s 2006-2007 and 2007-2008 Annual Reports.

2007-2007 Annual Report

In the 2006-2007 Annual Report, the Information and Privacy Commissioner continues to advise that the interests of the ATIPP regime will be best addressed if a leadership role is taken by government Ministers and deputy ministers. Ms. Keenan Bengts recommends developing and maintaining a corporate culture of openness. She supports providing routine and active disclosure of public records. If records are withheld, a full explanation is warranted.

Recommendation 1

The Standing Committee on Government Operations recommends that the GNWT establish policies on routine and active disclosure of public records, following best practices in other parts of Canada.

Furthermore, even though discretionary exemptions exist that allow public bodies to withhold information, in situations where information is withheld a full explanation of the rationale for that decision should be provided as a matter of course.

In her report, the Information and Privacy Commissioner advised that she had been unable to find any Government of the Northwest Territories (GNWT) policies specifically relating to the secure storage and subsequent deletion of confidential information on portable electronic devices -- that is cell phones and BlackBerrys -- or the proper management of communication records that are created from the use of such devices.

Recommendation 2

The Standing Committee on Government Operations recommends that the GNWT enhance its policies and guidelines on the use

of portable electronic devices and the access and privacy issues that arise through the use of such devices.

The Information and Privacy Commissioner continues to hold the view that the Government of the Northwest Territories should not rely on the federal Personal Information Protection and Electronic Documents Act to govern private sector obligations to protect the personal information of NWT residents. The GNWT previously committed to reviewing this issue again once the statutorily mandated five-year review of the Personal Information Protection and Electronic Documents Act was completed in July of 2007.

Recommendation 3

The Standing Committee on Government Operations recommends that the GNWT undertake a comprehensive analysis of the review of the Personal Information Protection and Electronic Documents Act to determine the need for GNWT legislation to protect the personal information of the people of the Northwest Territories held by the private sector.

Mr. Speaker, I would now like to pass the floor over to my deputy chair, Mr. Hawkins, for the completion of reading this report. Mahsi cho.

Thank you, Mr. Menicoche. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker, and thank you, Mr. Menicoche.

2007-2008 Annual Report

The Information and Privacy Commissioner reiterated recommendations made in previous annual reports calling on Cabinet and deputy ministers to lead in creating a more open corporate culture. The Commissioner also recommended a legislative change: the present wording of ATIPP is such that it allows an applicant only 30 days after receiving a response to a request for information to ask the Commissioner to review that decision. In many cases the public bodies will allow applicants extra time, especially in cases where paper records and conventional mail are used, but they do not always consent and they are within their rights to refuse. The Commissioner thinks 30 days is a short time frame and she feels that refusing to respond to applicants who ask her to review decisions is contrary to the spirit and intent of the legislation.

Recommendation 4

The Standing Committee on Government Operations recommends the Access to Information and Protection of Privacy Act be amended to extend the period of time in which applicants may ask that a decision on a

request for information be reviewed by the Information and Privacy Commissioner.

The Information and Privacy Commissioner wants to ensure that all GNWT staff know the intent of ATIPP as it relates to electronic media. It is estimated that 90 percent of all records being created today are electronic and the advantages of electronic storage are numerous.

Recommendation 5

The Standing Committee on Government Operations recommends that the GNWT develop policies to address electronic records and their relationship to ATIPP, and that the GNWT provide training to employees on this issue.

For a number of years, the Information and Privacy Commissioner has recommended that the NWT enact legislation that would make municipalities subject to access and privacy legislation, just as they are in eight provinces. In the 15th Assembly, the Standing Committee on Accountability and Oversight supported the Commissioner’s recommendation and “encouraged the GNWT to conclude the work started between the departments of Municipal and Community Affairs and Justice in consultation with the Northwest Territories Association of Communities to allow for consideration of a bill by the 16th Assembly.” In response, in 2007, the departments of Justice and Municipal and Community Affairs developed a range of options, and preliminary discussion has taken place with the NWT Association of Communities and local government administrators. All parties agreed to pursue broader consultation. The committee has been informed that the Department of Municipal and Community Affairs will present a discussion paper to various territorial associations, municipal governments, and the general public in the next two to three years. The committee continues to support working toward this legislative initiative in a timely fashion and will monitor progress over the coming months.

Conclusion

The committee commends the continuing efforts of the Information and Privacy Commissioner and looks forward to monitoring her continued activities.

Recommendation 6

The Standing Committee on Government Operations recommends the government provide a comprehensive response to this report within 120 days.

Mr. Speaker, that concludes the Report of the Standing Committee on Government Operations on the Review of the Information and Privacy Commissioner’s 2006-2007 and 2007-2008 Annual Reports.

Now therefore I move, seconded by the honourable Member for Nahendeh, that Committee Report 1-16(4) be received by the Assembly and moved into Committee of the Whole for consideration.

Thank you, Mr. Speaker.

Thank you, Mr. Hawkins. Motion is on the floor. Motion is in order. To the motion.

Question is being called.

---Carried

Committee Report 1-16(4) is received by the Assembly and will be moved into Committee of the Whole for consideration.

The honourable Member for Nahendeh, Mr. Menicoche.

Thank you, Mr. Speaker. The Standing Committee on Government Operations held its public review of the Report of the Auditor General on Contracting for Goods and Services in the Northwest Territories and commends it to the House.

The Standing Committee on Government Operations held its public review of the Report of the Auditor General on Contracting for Goods and Services on August 17, 18, and 19, 2009. The committee would like to thank the Auditor General, Ms. Sheila Fraser, and her staff for their work in preparing the report and in assisting the committee with its review. The committee would also like to thank the deputy ministers and staff from the departments of Finance, Health and Social Services, and Public Works and Services; and the assistant deputy minister of Transportation and staff for their presentations.

General Comments

The committee’s mandate includes the examination of the annual financial statements and Public Accounts of the Government of the Northwest Territories (GNWT) and the reports of the Auditor General. The committee wants to ensure that the GNWT demonstrates its accountability to the public. With regard to procurement and contract administration, the committee is pleased to report that the Auditor General’s review is favourable. Nonetheless, the Auditor General identified some errors and omissions and provided departmental

management with very useful information to inform future actions related to procurement and contract administration. This is an opportune time to improve systems given the implementation of a new System for Accountability and Management (SAM).

The Auditor General’s Report on Contracting for Goods and Services is based on a review of the fiscal year 2007-2008. It was tabled on June 2, 2009, during the Third Session of the 16th Legislative Assembly.

The Office of the Auditor General reviewed the GNWT’s process of awarding and administering contracts. The Auditor General assessed a sample of 120 contracts for goods and services, 40 from each of three departments -- Public Works and Services, Health and Social Services, and Transportation. These departments account for 77 percent of the total dollar value and 44 percent of the total number of all contracts the GNWT issued that are over $5000.

The Auditor General found some shortcomings in the administration of contracts and made five recommendations addressing contracting policy and the legislative framework, and performance and quality assurance. The government agreed to all of the audit recommendations and prepared an action plan to address the recommendations.

The committee was pleased with the government’s action plan but found that some of the management responses were vague. The committee anticipates more details in future action plans provided to the committee. The committee wants to ensure that the intent of the recommendations in the report is addressed.

Mr. Speaker, I would now like to pass the floor over to my colleague, Mr. Abernethy.

Thank you, Mr. Menicoche. The honourable Member for Great Slave, Mr. Abernethy.

Thank you, Mr. Speaker, and thank you, Mr. Menicoche.

Contracting Policy Framework

The Auditor General found that the contracting policy and legislative framework provides appropriate direction and guidance with one exception.

The GNWT has not established an independent contract dispute resolution mechanism as required by the Agreement on Internal Trade (AIT). This mechanism would provide all vendors of goods and services, including construction contractors, a means to address complaints not resolved through existing departmental processes. The government has responded that it will modify procurement documents to include a contact point for filing disputes related to the application of the AIT. The committee believes a clearly delineated review

mechanism that includes a qualified, independent adjudicator will build more confidence in the GNWT procurement system within the private sector.

Recommendation 1

The Standing Committee on Government Operations recommends that the Department of Finance:

•

establish an independent dispute

resolution mechanism to be integrated with the existing in-house process; and further

•

ensure that an explanation of this process be provided to potential suppliers and contractors not only in procurement documents but also in promotional materials such as press releases.

The Auditor General also expressed concern about the cumbersome nature of the GNWT policy framework. Directions for procurement and contracting officers are dispersed throughout six or more legislative and policy documents which can lead to confusion.

The Auditor General recommended: “…that the government update and improve the accessibility and availability of its policy and guidance on contracting to make it easier for GNWT staff to use.”

In its response to the Auditor General, the government reported that revision of the Financial Administration Manual section on procurement is in its final stages and a procedural guideline will be developed and issued as an appendix. All departments audited indicated that their staff were provided training. In addition, the Department of Public Works and Services leads a Procurement Council with representatives from GNWT departments that focuses on sharing procurement ideas and best practices, building capacity, clarifying training needs and establishing procurement standards.

The committee supports these measures and encourages the GNWT to develop a single-source operational manual that includes all information necessary to award and administer contracts including incentive and preference agreements.

Recommendation 2

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories:

•

consolidate its policy and guidance on

contracting into one easily accessible document that links all information necessary to award and administer contracts including incentive and preference agreements;

•

foster the activities of the Procurement

Council; and

•

provide procurement and contract

administration-specific training

Performance and Quality Assurance

In the Auditor General’s review of the government’s application of procurement and contracting policies, regulations and legislation, the majority of the operational issues identified were in contract administration rather than in the awarding of contracts.

The Auditor General applied at least eight compliance tests, and if one or more elements were not documented, the administration of the contract was deemed improper. The review of contract administration revealed that the required segregation of procurement and contract duties was followed. However, 57 percent of the sampling failed to meet one or more compliance tests. A variety of errors occurred, including: goods and services that were received before a contract had been issued; contract changes that were not issued in accordance with government policy; payments that were made before they were approved; and payments that were made in excess of spending authority limits. The Auditor General recommended that departments should strengthen their processes and practices.

The authority to initiate, confirm performance, or approve payment is a delegated authority. The Auditor General observed that in the departments that were reviewed, various elements of this delegation were not undertaken and/or not documented properly. Departments reported that this situation has been remedied.

In order to reduce the number of errors, the Auditor General recommended that the Comptroller General and the departments of Public Works and Services, Health and Social Services, and Transportation should strengthen their monitoring and quality assurance processes. The GNWT agreed and intends to review authorities and responsibilities and assess the resource requirements necessary. The capacity to audit and monitor contracts is an issue. The deputy minister of Finance noted that this and other issues may be addressed in concert with the proposed restructuring of how government provides and manages procurement activities. This restructuring is being proposed as part of the upcoming business planning process, with planning scheduled in 2010-2011.

The recommendations also included the establishment of risk tolerances against which actual performance could be measured. The committee supports an objective of 100 percent compliance to rules but recognizes that acceptable standards might vary based on the type of contract.

Recommendation 3

The Standing Committee on Government Operations recommends that the Department of Finance improve quality assurance processes by:

•

developing innovative, cost-effective

means to review procurement and contract administration practices against established risk tolerances;

•

considering including tolerance standards and performance in the Business Plan; and

•

persisting in recruitment to fully staff the audit division.

Conclusion

The committee recognizes the good work that has been done in contracting for goods and services. Having completed their review of the Report of the Auditor General on Contracting for Goods and Services, committee members are confident that the matters of concern identified by the Auditor General will be rectified.

Recommendation 4

The Standing Committee on Government Operations recommends the government provide a comprehensive response to this report within 120 days.

Mr. Speaker, that concludes the Report of the Standing Committee on Government Operations on the Review of the Report of the Auditor General on Contracting for Goods and Services in the Northwest Territories.

Therefore, Mr. Speaker, I move, seconded by the honourable Member for Nahendeh, that Committee Report 2-16(4) be received by the Assembly and moved into Committee of the Whole for consideration.

Thank you, Mr. Speaker.

Thank you, Mr. Abernethy. Motion is on the floor. Motion is in order. To the motion.

Question is being called.

---Carried

Committee Report 2-16(4) is received by the Assembly and will be moved into Committee of the Whole for consideration.

Item 5, returns to oral questions. Item 6, recognition of visitors in the gallery.

I’d like to recognize a constituent of Hay River North in the gallery. Mr. Alex Morin is with us today. Welcome to the Assembly.

The honourable Member for Kam Lake, Mr. Ramsay.