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.