This is page numbers 1413 - 1442 of the Hansard for the 19th Assembly, 2nd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was health.

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Frieda Martselos

Frieda Martselos Thebacha

This concludes the Standing Committee on Government Operations Report on the NWT Human Rights Commission 2018-2019 Annual Report.

Recommendation 3

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

Frieda Martselos

Frieda Martselos Thebacha

Mr. Speaker, I move, seconded by the honourable Member for Kam Lake, that Committee Report 4-19(2), Standing Committee on Government Operations Report on the Review of the 2018-2019 Northwest Territories Human Rights Commission Annual Report, be received by the Assembly and moved into Committee of the Whole for consideration. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. The motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Frederick Blake Jr.

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.

---Carried

The report will be moved into Committee of the Whole. Reports of standing and special committees. Member for Thebacha.

Frieda Martselos

Frieda Martselos Thebacha

Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2018-2019 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to this House.

The Information and Privacy Commissioner is an Officer of the Legislative Assembly. The IPC operates independently of the Government of the Northwest Territories. The IPC reports to the Legislative Assembly. They provide oversight and enforcement of the government's duties under the Access to Information and Protection of Privacy (ATIPP) Act. The IPC plays a similar role under the Health Information Act (HIA).

The ATIPP Act promotes government accountability. It balances the public's right to access information the government holds while protecting people's privacy rights.

People can make a complaint to the IPC about access to, or disclosure of, information. The IPC will investigate, mediate, or resolve these complaints. They also comment on privacy issues in proposed laws. The IPC also educates people about their rights. Under the ATIPP Act, the IPC files an annual report on her activities. This report can include recommendations.

The IPC has duties under the Health Information Act. This legislation applies to collecting, using, protecting, and disclosing personal health information. It applies to health information records. This includes both public and private health practitioners.

The Health Information Act requires that the IPC file an annual report. This report includes the IPC's activities under the HIA. They can also include recommendations made by the IPC that the government did not follow. It can also include recommendations or comments about the act.

The Speaker tabled the 2018-2019 Annual Report of the Information and Privacy Commissioner on December 11, 2019. On May 27, 2020, the Standing Committee on Government Operations met with the IPC to review her report. This is committee's report of that review.

Acknowledging the Long Service of the IPC

In 1997, the Assembly appointed Elaine Keenan-Bengts as the first IPC. After four reappointments, Ms. Keenan-Bengts will retire on October 30, 2020. This makes her the longest-serving IPC in Canada. During her time, much has changed in how our government collects and uses information. This is also true for the technology used to process and hold that information.

Ms. Keenan-Bengts has served the people of the Northwest Territories well. She has been an advocate for both access to information and protection of privacy. The committee recognizes Ms. Keenan-Bengts' service and wishes her the best in her retirement.

I will now pass the reading on to the MLA for Kam Lake.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. Member for Kam Lake.

Caitlin Cleveland

Caitlin Cleveland Kam Lake

Access to Information and Protection of Privacy Act

The ATIPP Act applies to GNWT departments. It also applies to most government boards and agencies. The act states that public records must be accessible. It also requires the GNWT to protect personal information. The act states how the public can access GNWT records. It also includes rules about how the GNWT collects, uses, and discloses information to protect people's privacy.

The act states that the GNWT should only collect the information it needs to deliver a program. The ATIPP Act overrules over other laws, unless those laws otherwise say.

Providing access to information is the starting point of the act. There are limited exceptions where the GNWT can refuse to provide access. These exceptions are to protect individuals' privacy, private business information, and advice to Cabinet.

In her opening remarks to committee, the IPC noted that, in 2018-2019, most files involved access to information. She told committee that 30 of 55 files opened under ATIPP related to "access to information." In eight of these files, the public body had failed to respond to an access request within the required time period. There were 14 files opened on privacy breaches, and the IPC issued 18 review reports. She summarizes these in her report.

Health Information Act

The Health Information Act (HIA) covers the collection, use, disclosure, and protection of personal information. The legislation applies to health records under the control of health practitioners, such as doctors or pharmacists.

The act says health practitioners should only have access to information they need to provide care. The act assumes a person seeking healthcare has consented to the collection, use, or disclosure of their health information. However, the practitioners must believe that the patient understands how their information will be collected, used, and disclosed.

The HIA gives patients the right to access their own health records. The GNWT can charge a fee to copy health records. If someone believes their records were wrongly collected, used, or disclosed, they can ask the IPC for a review. This applies to complaints about both access and privacy issues.

The act requires health practitioners to tell you and the IPC if the privacy of your health information has been breached.

In 2018-2019, the IPC opened 29 files under the HIA. Of these, 18 were breach-of-privacy notifications. While most were minor breaches, the media reported on two breaches. The first was a theft of a laptop containing health information of 40,000 NWT residents. The second was mental health and addictions records found at the Fort Simpson dump.

Noting the public concerns about these events, the IPC stated that awareness of privacy matters is on the increase and senior management is working toward improvement.

Mr. Speaker, I will now pass over to Member for Inuvik Twin Lakes. Thank you.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Kam Lake. Member for Inuvik Twin Lakes.

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Thank you, Mr. Speaker.

Public Hearing

During their review, standing committee had good discussion with the IPC. They discussed both the ATIPP Act and the HIA. They also spoke about how the GNWT meets their duties under these acts. Committee is making recommendations in the following areas:

When Recent Changes to the ATIPP Act will Take Effect

The IPC noted it had been a year since the Assembly had amended the ATIPP Act. However, the changes to the ATIPP Act have not taken effect. Committee has not received an update from the GNWT on when the changes will take effect.

As a result, Committee recommends:

Recommendation 1

The Standing Committee on Government Operations recommends that the GNWT provide an update on the work being done to bring into force the amended sections of the ATIPP Act, including a schedule indicating when the changes will take effect.

One major change to the ATIPP Act is it will apply to municipalities. The committee in the 18th Assembly recommended that the Departments of Justice and Municipal and Community Affairs (MACA) develop a detailed plan to guide the implementation of ATIPP for municipalities.

In response, Justice and MACA said that they would develop draft terms of reference for a working group. This group would include municipal leaders and administrators. The GNWT agreed to share the draft plan with committee for input.

Committee notes the concern of some municipalities about the costs associated with ATIPP. Municipalities have asked if ATIPP will apply to older records or on a go-forward basis. Committee asks that information about this be included in the response to this report and in the implementation plan.

Bringing Together ATIPP Skills

The IPC is concerned about the "significantly increased lack of capacity within the public bodies to address access and privacy matters." In her remarks to committee, she said, "The timeframes for responding to ATIPP requests are not being met, and submissions to my office are significantly lacking in detail." She also noted, "Exceptions are not well applied. I am seeing huge delays and failures to respond to correspondence from my office..." The IPC believes this reduced capacity to deal with ATIPP is the result of access and privacy knowledge not being highly valued in the job evaluation process. This results in pay levels being insufficient to attract employees with expertise.

The IPC suggested the GNWT needs a group of well-trained ATIPP coordinators. She mentioned that there had been talk about centralizing the ATIPP function within the government. This would create a pool of expertise and consistent application of the act.

Committee was interested in this approach, and there has been a trend toward centralizing some functions in the GNWT. This includes financial and information technology services. Committee also recognizes that the Department of Finance provides ATIPP administration for the Department of Executive and Indigenous Affairs.

Committee makes the following recommendation:

Recommendation 2

The Standing Committee on Government Operations recommends that the GNWT investigate and explore options for centralizing the management and administration of ATIPP on behalf of GNWT departments. The standing committee further recommends that the government share the results of this review for committee's input.

I will pass the reading to the Member for Yellowknife North. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Inuvik Twin Lakes. Member for Yellowknife North.

Rylund Johnson

Rylund Johnson Yellowknife North

Thank you, Mr. Speaker.

Proactive Disclosure

Committee's discussion with the IPC turned to the subject of "open government." The purpose of open government is to make information the government holds easily available to the public. A person would not need to make a special request for information. This makes government more accessible and accountable. It could also reduce ATIPP requests.

The IPC noted the benefits of government building access and privacy into programs, policies, and legislation as they are developed. This process is called "access by design" or "proactive disclosure." It helps ensure that the ability to access information or protect people's privacy exists from the beginning.

Committee believes that the GNWT needs to make a clear commitment to open government. As a result, the committee recommends:

Recommendation 3

The Standing Committee on Government Operations recommends that the GNWT update committee on work to develop a standard approach to including "access by design" principles into the design of communications, programs, policies, and legislation. Committee requests details on how the GNWT will formalize and share the standard approach with GNWT staff.

Stopping the Use of Fax Machines in the Health Sector

Committee and the IPC remain concerned about the use of faxes to share personal health information. Committee is aware this is an issue across Canada. In fact, our healthcare system links with Alberta may prevent changes in this area. However, committee believes the health sector must begin to adopt practices that provide greater privacy protections.

Therefore, committee recommends:

Recommendation 4

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories develop and implement a plan for ending the use of fax machines in the health and social services sector.

The Potential Privacy Impacts of COVID-19

Committee questioned the IPC about the effect COVID-19 has had on the GNWT's response times to ATIPP requests. The IPC said she had not seen any deemed refusals because of COVID-19. The IPC did caution committee about the pandemic's potential risks to privacy. She pointed to contact tracing apps used by governments. The IPC noted she had not received a privacy impact assessment on any of the GNWT's COVID-19 responses.

Committee cautions the government to be mindful of privacy concerns as it responds to the pandemic.

I will pass the reading of the report on to the Member for Deh Cho. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. Member for Deh Cho.

Ronald Bonnetrouge

Ronald Bonnetrouge Deh Cho

Mahsi, Mr. Speaker.

Conclusion

This concludes the Standing Committee on Government Operations' Report on the Review of the 2018-2019 Annual Report of the Information and Privacy Commissioner of the Northwest Territories. Committee again wishes Ms. Keenan-Bengts well in her retirement and looks forward to working with the new IPC.

Recommendation 5

The Standing Committee on Government Operations recommends that the GNWT provide a response to the recommendations contained in this report within 120 days. Mahsi, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Deh Cho. Member for Thebacha.

Frieda Martselos

Frieda Martselos Thebacha

Mr. Speaker, I move, seconded by the honourable Member for Kam Lake, that Committee Report 5-19(2), Standing Committee on Government Operations Report on the Review of the 2018-2019 Annual Report of the Information and Privacy Commissioner of the Northwest Territories, be received by the Assembly and moved into Committee of the Whole for consideration. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. The motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Frederick Blake Jr.

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.

---Carried

The report will be moved into Committee of the Whole. Thank you. Reports of standing and special committees. Item 7, returns to oral questions. Minister of Health and Social Services.

Julie Green

Julie Green Yellowknife Centre

Thank you, Mr. Speaker. I have a return to oral question asked by the Member for Monfwi on October 20, 2020, regarding residential addictions treatment.

It is a priority in the mandate of the Government of the Northwest Territories to "increase the number and variety of culturally respectful, community-based mental health and addictions programs, including aftercare." I am committed to making this priority a reality.

The Member said that the previous Minister and the current deputy minister made a promise to look into creating a northern treatment center. I have reviewed Hansard for that day, and there was no promise made. The deputy minister did say that looking at a northern treatment center is "not off the table." That means there is space for Indigenous government leadership on next steps.

I want to turn now to providing some background on facility-based addictions treatment in the Northwest Territories. We have had four treatment centres over the last couple of decades. The last one to close was Nats'ejee K'eh in 2013. Since then, the department has contracted four facilities in Alberta and BC in order to expand the range of options available to Northerners and reduce wait times to get in. The cost of operating Nats'ejee K'eh when it closed in 2013 was about $2.1 million a year. The current fiscal year budget for out-of-territory addictions treatment is $2.1 million, with an anticipated spend this year of $2.3 million.

Nats'ejee K'eh was a 30-bed facility that offered 28-day, gender-specific programming. In the final three years of operations, Nats'ejee K'eh operated at an average of 38 percent capacity. In its final full year of operations, 133 people attended treatment. In contrast, over the past six years, since we started using southern facilities, an average of 228 people attend treatment each year. When factoring in utilization rates and the annual $2-million operating budget for Nats'ejee K'eh, it resulted in a bed rate of approximately $522 per day per client. In contrast, the department's current contracts for treatment range from $180 per day to $452 per day.

The Standing Committee on Social Development in the last Legislative Assembly toured the four treatment centres. I was a member of that committee. We discovered the details of programming offered, and we met Northerners who were in the programs. In this small sample, NWT residents were most concerned about aftercare and about having choices for treatment.

About 70 percent of Northerners complete their programs. Looking to the next step, they wanted to know where they would live when they came back to the northern communities they came from and what services were available to support their sobriety. Our report and recommendations focused on the need for housing and aftercare.

The department has started to bridge this gap in services. First, the department invested in community-based, on-the-land, mobile, family-based treatment and recovery. This pot of funding is now worth $1.8 million a year. I encourage Indigenous governments and organizations to apply for funding and create a program that is specific to the needs of their people. Funding is still available for this fiscal year. This program responds to the Mental Wellness and Addictions Recovery Action Plan that promises more community-based solutions for wellness and addiction recovery.

Second, the department has strengthened community counselling options. Under a new approach, there is no wait list for counselling. People can get an appointment the same day.

Third, the department is looking to work with communities to set up addictions peer support programs like Alcoholics Anonymous or Wellbriety to support people in maintaining their sobriety.

Fourth, there are telephone supports through the NWT Help Line and the Strongest Families Institute.

Fifth, there are several cell phone apps and online options that will soon be made available to assist people who want to find solutions in their own home. We are providing a range of options so that we can meet people's needs wherever they are.

We are also looking at prevention. Work has started on an alcohol strategy. The goal of the strategy is to create an all-of-government approach to addressing alcohol-related harm, such as reducing our high level of hospitalizations that occur primarily as a result of alcohol. There will be widespread public consultations over the next two years to hear from NWT residents about what needs to be in that alcohol strategy. We are taking steps to develop a model for managed alcohol to decrease the harms related to binge drinking. The lessons learned in controlled distribution of alcohol through the pandemic are informing this work. The department is working on a medical detox model that can be delivered in the NWT.

I recognize that addictions and recovery is an issue in almost every family and every community. It robs people of their health and potential. It is a disease that results in too many deaths. I want to change the story, and I know that the Member for Monfwi does, as well. I am convinced that the path forward is to provide NWT residents with a wide variety of supports, to meet them where they are in their healing journey and to assist them in continuing on. Thank you, Mr. Speaker.

Julie Green

Julie Green Yellowknife Centre

Mr. Speaker, I have a return to oral questions asked by the Member for Monfwi on October 20, 2020, regarding Truth and Reconciliation Commission recommendations.

I acknowledge the Member's reference to the Truth and Reconciliation Commission calls to action. Recommendation number 21 calls on the federal government to make funding a healing center in the NWT and Nunavut a priority. We are interested in the work that is going to take place in Nunavut to create a healing center that is distinct from an addictions treatment centre. The department is constantly reviewing best practices in healing and addictions treatment, and if evidence points towards the need for a northern addictions facility, we will present that evidence to Members and invite discussion. However, as things stand today, this government has no mandate commitment, plan, or budget to create a northern treatment addictions center. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Returns to oral questions. Item 8, acknowledgements. Colleagues, I'm sure you are eager to get into oral questions, but we will return after a short recess. Thank you.

---SHORT RECESS

The Speaker

The Speaker Frederick Blake Jr.

Thank you, colleagues. We will now continue oral questions. Oral questions. Member for Monfwi.

Jackson Lafferty

Jackson Lafferty Monfwi

Masi, Mr. Speaker. [Translation] I spoke about the addiction treatment centre. We understand that there is a new treatment centre happening in Nunavut. [Translation ends] [Microphone turned off]... be that way. I refer again to the funding partnership the territory has secured with Ottawa. It's for $75 million treatment centre in Iqaluit. It comes in the wake of Truth and Reconciliation Commission recommendations. Mr. Speaker, what has our government, the Government of the Northwest Territories, done to follow up on that call to action number 20 of the TRC. Number 20 called for new treatment centres, more specifically for Nunavut and Northwest Territories. Where is our new addiction treatment centre? Masi.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Monfwi. Honourable Premier.