Thank you, Mr. Speaker.

Recommendations Information and Privacy Legislation for Tax-Based Municipalities In the public review, the Information and Privacy Commissioner identified her long-standing recommendation for municipal access to information and protection of privacy legislation as her first priority. The standing committee ranks this

recommendation first on its list of legislative changes for government consideration.

As the Commissioner notes, the three northern territories are the only Canadian jurisdictions which do not have information and privacy legislation for municipalities. The Commissioner is receiving increasing numbers of inquiries from people who are concerned because a municipal authority has improperly collected, used or disclosed personal information. Municipalities, especially the tax-based communities, collect and retain significant amounts of personal information about citizens and employees. There is no recourse for citizens when this information is improperly used nor are there any rules governing citizens’ access to municipal information.

One method of regulating access to municipal government information and protection of privacy is to include local governments among the public bodies governed by the ATIPP Act. Freestanding access and privacy legislation for municipalities is another option for consideration. Both of these mechanisms are used in other jurisdictions. For example, local government bodies are included in Newfoundland and Labrador’s general access/privacy legislation and defined to include specific municipalities, while Ontario has a freestanding Municipal Freedom of Information and Protection of Privacy Act.

Previous standing committees have supported the recommendation to make municipalities subject to access and privacy legislation. The government’s February 2011 response to the 16

th Assembly’s

Standing Committee on Government Operations supported the recommendation in principle and acknowledged the importance of the issue. Nevertheless, despite the government’s 2008 and 2009 commitments to identify options and develop a work plan, no work plan was advanced on this initiative during the 16

th Assembly.

The Department of Municipal and Community Affairs (MACA) cited implantation issues identified by community governments including capacity, cost and training as factors in its delay in moving forward with this recommendation. The committee notes, however, that the NWT Association of Communities has a standing policy on access to information and protection of privacy which supports the Information and Privacy Commissioner’s recommendation to the extent of urging MACA to prepare a discussion paper and commence consultation with stakeholders.

The committee understands that small communities may not have the resources needed to implement access and privacy measures. At the public review, the Commissioner suggested that legislation be developed at least for tax-based municipalities. The committee concurs.

Members also understand that MACA has had limited resources in past years to undertake the necessary work. The standing committee maintains that it is time the government made this recommendation a legislative priority and found the resources to act on it.

Recommendation 1

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories implement access and privacy legislation for municipalities in consultation with stakeholders and bring forward a bill during the first two years of this Assembly.

Completion of the Health Information Act

Health records are among the most sensitive types of personal information held by public bodies. The Department of Health and Social Services or regional health authorities were involved in seven of the 20 new access and privacy review requests that the Commissioner received in 2010-11, mainly complaints of breach of privacy.

The committee learned that the Commissioner is currently conducting a systemic review of the Yellowknife Primary Care Centre, or super clinic, which is her first review of this type. The Commissioner noted that patient information in this type of clinic is accessible based on staff roles – receptionist, nurse practitioner, laboratory technical, doctor. But that she is finding the amount of information accessible to all staff is significant.

Members also heard from the Commissioner that implementation of electronic medical records is advancing and the lack of legislation governing health information is a concern. In the Commissioner’s view, patient control over health information is paramount. In the Commissioner’s words, “information should follow the patient, but people should know where their information goes.” The committee concurs.

Work on Northwest Territories health privacy legislation has been underway for the past three years. The new Health Information Act will establish a framework for the collection, use, disclosure of and access to personal health information. It is anticipated that the Information and Privacy Commissioner will be given oversight functions under this new legislation.

Recommendation 2

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories complete work on the new Health Information Act, taking into account consultation with the Information and Privacy Commissioner and the principle of patient control over patient information, and bring forward a bill within the first two years of this Legislative Assembly.

Now, Mr. Speaker, I will pass the reading of the report to my colleague Mr. Dolynny.