Mahsi, Mr. Speaker.
WHAT WE HEARD AND DID
Scope of the Act
Inclusion of Municipalities
Input Received
Clause 2 of Bill 29 provides for Northwest Territories' municipalities to be included under ATIPP by extending the definition of a "public body" to include municipalities as defined under the Cities, Towns and Villages Act, the Charter Communities Act, or the Hamlets Act. Clause 2 also specifies that a municipality must be designated in the regulations in order for ATIPP to take effect. This mechanism ensures that municipalities do not immediately assume responsibilities under the amended legislation when it goes into force, but rather when the GNWT amends the regulations.
Clause 10 of Bill 29 specifies which municipal records are to be exempt from disclosure under ATIPP. In her submission, the IPC urged the government to consult with her office regarding which municipalities are to be designated as public bodies and indicated that she hopes to see the larger communities designated first. She also noted her support for the protection provided to municipal confidences under clause 10.
In its submission, the City of Yellowknife emphasized the degree to which they are already very open and transparent. The city claimed to already be covered under PIPEDA, the federal Personal Information Protection and Electronic Documents Act. The city expressed concern about the potential impact of ATIPP on their Whistleblower Policy, which allows complainants to remain anonymous in order to encourage reporting without fear of reprisal. The city is also concerned about its capacity to implement this change and the costs associated with the requirement to designate an ATIPP coordinator. They said:
"If ATIPP is amended to include municipalities, it is imperative that the territorial government provide appropriate financial, records management and training resources to municipalities."
The Hamlet of Tulita noted that its records management is probably similar to other NWT communities in that there is no standardized indexing system or centrally maintained file system. They said:
"Being able to access information is critical to the effective functioning of ATIPP. Council would like to see, before any such action is taken to require community governments to become compliant, that the GNWT (probably through MACA) provide training and assistance to the community governments in standardized record management."
The hamlet went on to suggest that perhaps the electronic systems being used in larger NWT communities could be acquired by the Department of Municipal and Community Affairs (MACA) as a standard records management system for all communities.
The NWT Association of Communities (NWTAC) advised the committee that they had passed a resolution stating:
"The implementation of ATIPP legislation to communities needs to be done in a measured, realistic and highly planned way; and further, that any implementation plan needs to include adequate resources and training to ensure its success."
In addition, the NWTAC called upon the committee to do all it can to ensure that the GNWT honour commitments made in 2018 to support a staged implementation recognizing operational challenges, and to ensure that the Departments of Municipal and Community Affairs and Justice work with community governments, to assess capacity, resource requirements, and training, and consult with communities on implementation timing.
In its submission, OpenNWT noted that the:
"Inclusion of municipalities under the act is an important one that has been a long time coming...Much of the current conversation has been filled by "what ifs" -- what if there are too many requests, what if records capacity isn't there -- these are all systems that can evolve with time."
This submission further pointed out that when the act was first brought into force, the GNWT "did not have any advanced records management system in place, either."
Committee Response
The committee does not take a position on the application of PIPEDA to municipal governments, but notes guidance on this subject from the federal Information and Privacy Commissioner which suggests that, contrary to the city's assertion, PIPEDA may have limited application to municipalities in the NWT only to the extent that it applies to information about municipal employees.
With respect to the city's concern regarding the impact of ATIPP on the confidentiality of the process under its Whistleblower Policy, again, the committee does not take a position on this. Committee does, however, note the following provision from the Government of the Northwest Territories' Harassment Free and Respectful Workplace Policy which suggests that protecting the anonymity of complainants is inconsistent with due process:
7. The investigation process is conducted following the principles of procedural fairness and natural justice. This means:
(a) Only those complaints in which the complainant's identity is disclosed may be taken through the mediation and/or investigation processes. Anonymous complaints do not allow for due process.
The committee supports the inclusion of municipalities under ATIPP legislation, but is cognizant of the very real concerns municipal authorities have about ensuring that implementation is staged and orderly. Accordingly, the committee makes the following recommendation:
Recommendation 1
The Standing Committee on Government Operations recommends that the Department of Municipal and Community Affairs, working with the Department of Justice, develop a detailed and costed plan to guide the implementation of ATIPP for municipalities.
Additionally, the standing committee recommends that the plan identify: i) timelines for the inclusion of different categories of municipalities in the ATIPP Regulations; ii) the resources needed by each municipal government to comply with ATIPP, to ensure adequate funding for initial implementation and ongoing operational requirements; along with iii) any other significant considerations as determined through consultation on development of the plan.
The standing committee further recommends that, before being finalized, the plan be provided in draft so that input may be obtained from the appropriate standing committee, the NWT Association of Communities, and the local government administrators of the Northwest Territories.
Mr. Speaker, at this time, I will now pass the reading of the further sections to my honourable Member colleague from Hay River North. Mahsi.