Thank you, Mr. Speaker. My Member’s Statement has to deal with O Canada. Our darkest histories of dealing with Aboriginal people have been a struggle because of the experiences of dealing with the residential schools in Canada. Since the 1800s, Aboriginal people have been subject to injustice in all facets of life.

In the early 1900s, the establishment of residential schools were created in Canada. The goal of these residential schools was to eradicate a nation of people, everything about them. The storm of the residential schools certainly did a good job. They caused a lot of havoc in the lives of survivors, their families and the communities within the nation.

With the help of many good people and organizations, Canada was brought to a place of humility and apologized to the First Nations for their past wrongs. The Truth and Reconciliation Commission did a blanket-type of commission by honouring the survivors by giving them a voice and by listening to survivors’ stories across Canada.

I want to ask, has our government taken an inventory of the number of survivors in our communities, of my grandparents, my parents and people like myself who attended the residential schools? Has our government done an assessment of the residential school survivors in our communities, their health needs, their educational needs, their spiritual needs?

It is a fact that the Northwest Territories has the highest per capita of residential school survivors in Canada. There were almost 15,000 students, 25 residential schools that were opened and recognized by Canada and some not recognized by Canada in the Northwest Territories.

I will have questions for the Minister of Education, Culture and Employment at the appropriate time. Thank you.

Thank you, Mr. Yakeleya. The Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker. Today I want to talk about our population in the Northwest Territories. As we all know, as the population continues to decline it puts downward pressure on all of our industries and downward pressure means higher cost of living.

When I look around the Northwest Territories, I see almost every one of our communities losing people. It’s better described in such a painful way as our communities are bleeding their population, which is the lifeblood of those communities. People enrich the lives of everyone in all these communities, both large and small. Not just economically, the jobs are very important, make no mistake, but the social vitality of new families and growth of the communities goes a long way, it keeps those communities alive. Like I say, the growing population in a community is the lifeblood of those communities.

I was looking at some of the statistics recently and I ran across the past 10 years. I saw the Beau-Del population shrink, I saw the Sahtu barely hold on to its population for the last 10 years by the skin of its teeth, I’ve seen the Sahtu’s population shrink and the Tlicho and the YK region barely grew marginally. Sadly, this is not positive news.

We need population growth in all of our territory in every corner of every community because that helps the whole territory. Yes, I am a Yellowknife MLA and I do welcome population growth here, but I also recognize how critical it is to the growth of every community that needs these people, these jobs, this vitality, this lifeblood.

I heard the budget address the other day by our Finance Minister. Only historians will be able to judge whether that was a great blueprint of excellence or was it a piece of art that will be shelved in the creative writing section next to the Brothers Grimm? We don’t know.

With his optimism of saying 2,000 people will be coming in two years last year, and now four this year, are we just adjusting the time schedule to finally meet the stats? Mr. Speaker, that reminds me of the rendition of when I played games with my kids and then they loose and they go, can we do it best out of three now, best out of five next, and we keep going. Is that how the government is measuring its statistics on its growth, by just continuing to move the time frame to say, well, we’ll meet that 2,000 growth population one day, some day?

The announcement the other day sounded really exciting, but we still need a blueprint to show where we’re going to gain traction. As I’ve said at the start, people are the lifeblood of our whole territory, and

that’s critical that every community grows. We need to see a plan. Thank you, Mr. Speaker.

Thank you, Mr. Hawkins. Item 4, reports of standing and special committees. Mr. Nadli.

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2013-2014 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to this House.

Introduction

The Access to Information and Protection of Privacy (ATIPP) Act came into force on December 31, 1996. The law was created to promote government accountability by balancing access to government information with the protection of individual privacy rights related to that information.

Under the act, the Information and Privacy Commissioner (IPC or Commissioner), Ms. Elaine Keenan Bengts, is appointed for a five-year term as an independent officer of the Legislative Assembly. The act requires the Commissioner to file an annual report on her activities and authorizes her to include recommendations for amending the legislation to improve the act’s efficiency and effectiveness.

The Standing Committee on Government Operations (SCOGO or the committee) conducted a review of the 2013-2014 Annual Report of the Information and Privacy Commissioner of the Northwest Territories, which was tabled in the Legislative Assembly on November 4, 2014, Tabled Document 173-17(5). This report summarizes that review.

Members would like to thank Ms. Keenan Bengts for her report and for her appearance before the committee at the public review held on January 16, 2015. The committee also wants to take this opportunity to thank Ms. Keenan Bengts for her continued commitment and dedication to all matters relating to access to information and the protection of privacy by public agencies in the Northwest Territories. Mahsi.

Thank you, Mr. Nadli. Ms. Bisaro.

Thank you, Mr. Speaker.

Commissioner’s 2013-2014 Activities

The Information and Privacy Commissioner often chooses to highlight topical aspects of her work in her annual Commissioner’s Message. This year the Information and Privacy Commissioner pointed out that the 2013-2014 Annual Report marks the 17th year since the ATIPP Act came into force in the Northwest Territories. The committee takes note of the observations made by the Information and Privacy Commissioner in her Commissioner’s Message, in which she discusses how much has changed in the intervening years. She notes that the public is becoming more aware of matters relating to access to information and protection of privacy and, as a consequence, are increasingly demanding that governments protect individual privacy and account for their actions through access to information.

In 2013-2014 the Commissioner opened 30 new files, up from 16 in 2011-2012 and 27 in 2010-2011. Of the 30 new files, 12 were requests for review relating to access to information matters, nine dealt with breach of privacy issues and four were privacy complaints relating to the private sector. The Information and Privacy Commissioner noted that she “was pleased to see two breach notifications during the fiscal year in which a public body discovered a potential breach of privacy and reported it to [her] office proactively.” Each of the remaining three new files was reported as the only item in its category: Request for review - fee assessment, Request for comment, and Administrative, respectively.

The Information and Privacy Commissioner dealt with seven public bodies over the year, as compared with 14 over the previous year. Departments with the most frequent files were Human Resources, seven; Transportation, six; and Justice, four.

In her report the IPC devotes significant attention to summarizing the cases for which she issued “Review Recommendations” over the course of the fiscal year (pages 18-34, inclusively). The committee encourages any members of the public who have an interest in this aspect of governance, to take some time to review the IPC’s annual report. The report provides the reader with interesting insight into the work of the office of the Information and Privacy Commissioner and the challenges faced by the Government of the Northwest Territories in discharging its responsibilities under the act.

Of the nine cases resulting in rulings from the IPC, eight included recommendations. Of these, the recommendations of the IPC were fully accepted in six cases and partially accepted in the remaining two cases. In the other case, the complaint was found to have no grounds; therefore, no recommendations were made.

Recommendations by the IPC for Legislative Change

As already noted, the Information and Privacy Commissioner is authorized to make recommendations for legislative change. This year the Commissioner highlighted three legislative issues.

Implementation of New Health Information Privacy Legislation

With the passage of the Health Information Act in 2014, the Information and Privacy Commissioner notes that much work will need to be done by the GNWT to implement the legislation. This includes educating health care workers and ensuring that the appropriate policies and procedures are in place in advance of implementation, so that health care workers know and understand their responsibilities for collecting, using and disposing of information under the act. A great deal of work also needs to be done to ensure that members of the public understand their rights and know how their personal health information will be managed under the act.

Access and Privacy Impact Assessments for New Initiatives (Access and Privacy by Design)

The Information and Privacy Commissioner discussed with the committee her increasing frustration that she is not consulted or asked for input in the initial planning stages when legislation, policies and programs are being designed. It has been her observation that government overlooks consideration of the impact that new initiatives may have on the right to access information and the privacy of the individual. The Information and Privacy Commissioner cites many recent examples of GNWT legislative, policy and program initiatives which might have benefitted from her input if she had been invited to provide it during the design phase. The Information and Privacy Commissioner also correctly notes that public bodies may choose to disregard her suggestions and suggests that they cannot benefit from advice that is not provided.

Mr. Speaker, I would like to turn the reading of the report over to my colleague Mr. Yakeleya. Thank you.

Thank you, Ms. Bisaro. Mr. Yakeleya.

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

ATIPP Legislation for Municipalities

The Information and Privacy Commissioner has repeatedly recommended that the GNWT complete the work necessary to establish legislation governing the collection, use and disposal of information by municipalities. This recommendation is reiterated again in the Information and Privacy Commissioner’s 2013-2014 Annual Report, along

with a notation indicating that the Information and Privacy Commissioner looks forward to providing input on a discussion paper being prepared on this matter by Municipal and Community Affairs.

The GNWT tabled the discussion paper in question, along with its response to the committee’s report on the review of the 2012-2013 Annual Report of the IPC. SCOGO provided a copy to the Information and Privacy Commissioner, and her comments were subsequently forwarded by the committee to the Minister of Municipal and Community Affairs.

Committee Recommendations to the GNWT

Having considered the information put forward by the IPC in her 2013-2014 Annual Report and the discussion held during the public meeting of January 16, 2015, the Standing Committee on Government Operations provides the following recommendations to the GNWT:

ATIPP Legislation for Municipalities

The committee took note of the explanation provided in the GNWT’s Response to the Committee’s Report on the Review of the 2012-2013 Annual Report of the IPC, Tabled Document 118-17(5), for the delays associated with this project.

The committee wishes to stress to the government the importance of finalizing this legislation so that the rights of NWT residents respecting access to and protection of information collected by municipalities are articulated and enshrined in law.

The committee reminds the GNWT that the IPC’s recommendations for legislation in this area stretch back before the 17th Legislative Assembly and that

previous standing committees have also supported the Commissioner’s recommendation to make municipalities subject to access and privacy legislation.

In their Report on the Review of the 2011-12 Report of the IPC, the committee recommended that an ATIPP bill for municipalities be brought forward in the first two years of the 17th Assembly. The

committee noted its concerns about the slow pace of the initiative at that time.

The committee continues to be very concerned about this. The committee notes that in the GNWT’s most recent response, the deadline for a final report by October 2014, noted in TD 14-17(4), has given way to a commitment to complete the What We Heard report by March 2015, TD 118-17(5), with no further commitment regarding when the final report may now be expected.

Recommendation 1

The Standing Committee on Government Operations again recommends that the Government of the Northwest Territories make every effort to complete the work necessary to

bring municipalities under access to information and protection of privacy legislation.

The Standing Committee on Government Operations additionally recommends that the GNWT renew its commitment to complete the final report during the life of the 17th Assembly;

and

That the government table the final report no later than the August 2015 sitting identifying, for the consideration of the 18th Assembly, the next

steps and resources necessary to complete this work in a timely manner and, as the committee has recommended in previous years, a proposal be included for phasing this work such that tax-based municipalities may be brought under ATIPP legislation without any further delay than is absolutely necessary and which leaves open the possibility that smaller communities may be phased in at a later date.

I now turn the report over to Mr. Dolynny.

Thank you, Mr. Yakeleya. Mr. Dolynny.

Thank you, Mr. Speaker. Thank you, Mr. Yakeleya.

Review of the ATIPP Act

It has been 17 years since the coming into force date of the ATIPP Act. The committee notes that many NWT statutes contain a provision triggering an automatic review at set intervals; for example, every five or 10 years. When one considers that the Internet was in its infancy when the ATIPP Act came into force, it is easy to appreciate how information technology has evolved since then. The committee is of the opinion that, by any measure, a review of the ATIPP Act is long overdue. The committee encourages the GNWT, when reviewing the ATIPP Act, to include a triggering provision for a mandatory statutory review, to ensure that the ATIPP Act is kept current in future years.

In her 2012-2013 Annual Report, the IPC made a series of recommendations for modernizing and updating the legislation to, amongst other things, address the use of current day technologies, to provide strict and enforceable timelines for response to access requests and to encourage public bodies to properly document information-related decisions. In addition to these earlier recommendations, the IPC has also pointed to the value of including “access and privacy by design” considerations in updated ATIPP legislation. This latter point is addressed further in committee Recommendation 3 below.

The committee references the Progress Report on the Comprehensive Review of the Access to Information and Protection of Privacy Act, provided as an attachment to TD 114-17(4), and recognizes that the GNWT is now looking beyond 2015 for the

completion of this important work. The committee urges the GNWT to make this work a priority as it moves forward.

Recommendation 2

The Standing Committee on Government Operations again recommends that the Government of the Northwest Territories provide an updated progress report to this Assembly on work done towards a comprehensive review of the ATIPP Act; and

That the Government of the Northwest Territories undertake a review of all previous recommendations made regarding updating the ATIPP Act and include, in the progress report, a status report on how the committee’s recommendations are being addressed.

Access and Privacy Impact Assessments for New Initiatives (Access and Privacy by Design)

The committee discussed with the IPC the benefits of building access and privacy considerations into the development of programs, policies and legislation at the ground floor. This helps to ensure that the tools required to access information more easily, and to better protect the privacy of individuals are incorporated into the design of any initiative, rather than having to be retrofitted after the fact.

The IPC pointed out that achieving the goal of easier information access and appropriate privacy protections may be as simple as enabling a search function, but there is more to be done than that. The IPC spoke of the concept of open government, where the objective is to put as much information as possible online, to reduce the need for people to want to make access inquiries. The committee was encouraged to hear that the IPC had her first meeting with the GNWT’s office of the chief information officer, to discuss areas of mutual interest.

The committee is supportive of the IPC’s views on access and privacy by design and therefore encourages the GNWT to work with the IPC to integrate this approach into day-to-day business practices. The committee places special emphasis on the development of legislative proposals by departments and strongly encourages the GNWT to consider ways in which access and privacy by design considerations will be incorporated into legislative proposals. The committee would welcome the opportunity, when reviewing legislative proposals, to assess the access by design considerations included by departments.

Recommendation 3

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories work with the IPC to incorporate access by design considerations

into the design phase of program, policy and legislation development, giving particular thought to how these considerations may be built into the legislative proposal process.

With that, Mr. Speaker, I’d like to turn my attention over to my other committee colleague Mr. Alfred Moses.

Thank you, Mr. Dolynny. Mr. Moses.

Thank you, Mr. Speaker. Thank you, Mr. Dolynny.

Inclusion of IPC in Implementation of Health Information Act

The committee is in agreement with the Commissioner’s assertion that the GNWT can only benefit from involving the office of the IPC in the work that it is doing to implement the Health Information Act and encourages the GNWT to avail itself of the expertise that the office can provide.

Recommendation 4

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories work closely with the Information and Privacy Commissioner on the implementation of the Health Information Act.

Delays and Breaches under ATIPP

As noted by the IPC in her 2013-2014 Annual Report, the ATIPP Act requires public bodies to respond to access requests within 30 days. Certain exceptions are provided for in very specific instances. As the IPC points out, it is concerning that seven out of 12 access matters dealt with in review recommendations pertained to the failure of a public body to reply to an access request in a timely manner. The committee shares this concern.

The IPC pointed out to the committee that, in many instances, the reasons cited by departments in requesting extensions under the act and in explaining the causes for delays are not adequate because they do not fall within the reasons for delays provided for by the act.

The committee shares the IPC’s concern and discussed ways in which this issue may be improved. The IPC offered the following suggestions to departments to improve their response times: institute a GNWT policy to prioritize the response from departments to access requests; use redaction software, which automates the process of censoring materials to be released in response to a request; and train more people to respond to access requests, to minimize the impact of staff absences on response times.

With respect to privacy breaches, the ATIPP Act requires a public agency to respond within 90 days to any recommendations made by the IPC as the

result of investigating a complaint. The IPC did note that almost all privacy breaches are the result of human error and that these are rarely, if ever, caused maliciously or with intent. She also observed that, during the course of her time in office, she is not aware of a public body taking disciplinary action against an employee responsible for a breach of privacy. The IPC noted that the Department of Justice offers ATIPP training for any GNWT employees who want it and that it is important for staff to understand their obligations in signing employee confidentiality agreements.

The committee wishes to stress to the GNWT the importance of meeting its statutory obligations under the act and to ensuring that enough staff are adequately trained to meet those obligations without undue delay.

Recommendation 5

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories work closely with departments to help them improve their response times under the act and that the GNWT make clear what sanctions will be imposed for departments that fail to meet their statutory commitments.

Mr. Speaker, I would now like to pass the report over to our chair of Government Operations, Mr. Nadli.

Thank you, Mr. Moses. Mr. Nadli.

Mahsi, Mr. Speaker.

Conclusion

Ms. Elaine Keenan Bengts has served as the Information and Privacy Commissioner for the Northwest Territories since 1997. During her time in office, Ms. Keenan Bengts has demonstrated a passion for information and privacy rights and a long-standing commitment to the work of her office that the Standing Committee on Government Operations respects and admires.

The committee is pleased to hear that Ms. Keenan Bengts will be continuing her important work on a full-time basis as the Information and Privacy Commissioner for the Northwest Territories and Nunavut.

As the 17th Assembly draws to a close, the

committee remains committed to giving the Commissioner’s recommendations due consideration, forwarding them as appropriate to this House, and following up with the government on their implementation.

Recommendation 6

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

comprehensive response to this report within 120 days.

Mr. Speaker, that concludes the presentation of our report. Therefore I move, seconded by the honourable Member for Frame Lake, that Committee Report 10-17(5), Report on the Review of the 2013-2014 Report of the Information and Privacy Commissioner of the Northwest Territories, be received by the Assembly and moved into Committee of the Whole further consideration. Mahsi, Mr. Speaker.

Thank you, Mr. Nadli. The motion is in order.

Question has been called. The motion is carried.

---Carried

Report 10-17(5), Report on the Review of the 2013-2014 Report of the Information and Privacy Commissioner of the Northwest Territories, is received by the Assembly and moved into Committee of the Whole for further consideration on Tuesday, February 17, 2015.

Thank you, colleagues. Item 5, returns to oral questions. Item 6, recognition of visitors in the gallery. The honourable Mr. Ramsay.

Thank you, Mr. Speaker. It gives me great pleasure to recognize Mr. Kevin Goodrem. He’s the vice-president of beneficiation with De Beers Group. Welcome to the House. With Mr. Goodrem this afternoon is Tracy St-Denis. She’s our director of secondary diamond industry with ITI. Welcome to the House.

Thank you, Mr. Ramsay. Mr. Blake.

Thank you, Mr. Speaker. I’d like to recognize two Pages from the Mackenzie Delta, Gordon Blake and Randy Omingmak. Also, their chaperone, Ms. Elizabeth Wright.

Thank you, Mr. Blake. Mr. Hawkins.

Thank you, Mr. Speaker. Although not a constituent of mine, I’d like to recognize one of the Pages who happens to be the daughter of a friend of mine, which is Davida Patterson, and her mother is the constituency assistant, I think, to Mrs. Groenewegen, Orlanda Patterson.