Thank you, Mr. Speaker. Thank you, Ms. Bisaro.

The “circle of care” concept is used in health-specific privacy legislation in some other Canadian jurisdictions to define the group within which personal health information can be shared for the purpose of providing medical help. Northwest Territories legislation does not refer or define a “circle of care.”

Further, the Commissioner warns that even where jurisdictions have defined the concept, its scope is interpreted very differently by health care providers and the general public. The standing committee agrees that most people would expect that their circle of care be limited to a relatively small number of employees directly concerned with their treatment rather than the approximately 150 people employed in the system.

Secondly, the ATIPP Act provides that personal information can be used or disclosed only in narrowly defined circumstances, namely for the purpose for which the information was collected or for a use consistent with that purpose. The Commissioner’s view is that the current legislation should be understood to require the patient’s express consent for the sharing of personal health information beyond the purpose for which it was

originally provided. The Yellowknife Health and Social Services system, on the other hand, permits the sharing of patient information across practitioners for almost any health-related purpose unless there is an explicit request from the patient to limit the sharing.

The Information and Privacy Commissioner found, in short, that the Yellowknife Health and Social Services was not in compliance with the current NWT privacy legislation. The issues identified go beyond the specific privacy complaint. The electronic medical records system at the Yellowknife clinics is being considered as the model for the territory-wide system. Health-specific privacy legislation is urgently required to provide clear rules for the health and social service authorities and practitioners as these systems are implemented.

Work on Northwest Territories health privacy legislation has been underway for approximately five years. The new Health Information Act will establish a framework for the collection, use and disclosure of, and access to, personal health information. The Information and Privacy Commissioner recommends that the Department of Health and Social Services do whatever is necessary to make completion of this legislation a priority.

The Standing Committee on Government Operations concurs. The committee recognizes that the Health Information Act is a large and complex piece of legislation, requiring significant public consultation. In view of the risks of electronic medical records systems to the privacy rights of individuals and the speed with which these systems are being implemented, however, this legislation must be expedited.

In last year’s response to the standing committee’s recommendations tabled October

17, 2012, the

government said it anticipated the bill for the proposed Health Information Act would be introduced in 2013-2014. However, the government also said the introduction of the bill would depend on ensuring adequate time for further consultations with key stakeholders in the winter of 2012-13. The committee trusts that this schedule is being maintained and that the Members can expect the introduction of a bill before the end of the fiscal year.

Recommendation 1

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories expedite work on the new Health Information Act, with a view to introducing a bill as soon as possible.

If the government is not able to introduce this bill in the fall sitting, the standing committee further recommends that the government table a detailed progress report in that sitting,

identifying a timeline and any additional resources required so that a bill may be introduced within the 2013-2014 fiscal year.

Mr. Speaker, I would like to pass the floor over to Mr. Moses. Thank you.