Thank you.

Access to Information and Privacy Protection

The Information and Privacy Commissioner asked the Standing Committee to clarify whether Post-Secondary Education Advisory Committees and their documents would be subject to the Access to Information and Privacy Protection Act (ATIPPA). The Commissioner asked to clarify

• If Post-Secondary institutions are listed as 'public bodies' under ATIPPA

• If quality assurance bodies are identified as 'public bodies' subject to the ATIPPA

• If Post-Secondary Education Advisory Committees' records are subject to ATIPPA

• And determine in advance limitations to rights of access

• The scope of duties of Post-Secondary Education Advisory Committees.

From the Department, the Standing Committee heard that the quality assurance bodies would not be considered a 'public body' under ATIPPA. Currently, Aurora College is listed as a public body in Column 1, Schedule A to the Access to Information and Protection of Privacy Regulations, as are the various Education Authorities and Councils created under the Education Act. Private education institutions are not subject to the ATIPPA.

The Standing Committee had identified that in other jurisdictions, quality assurance bodies are subject to their provincial privacy protection legislation. For example, as a public body, the Campus Alberta Quality Council is subject to the Post-Secondary Learning Act, the Freedom of Information and Protection of Privacy Act and the Programs of Study Regulation in the province of Alberta.

The Ontario Post-Secondary Education Quality Assessment Board requires Board Members to adhere to the intent and requirements of Ontario's Freedom of Information and Protection of Privacy Act, 1990, which applies to all information, material, and records relating to, or obtained, created, maintained, submitted, or collected during a review.

The Standing Committee determined that since no 'public bodies' that would be subject to ATIPPA had been created yet, this question would lie outside this bill's scope.

Consistency

Bill 39 proposed to change wording in section 17, dealing with NWT Developed Degree Programs, and section 28, dealing with Private Training Institutions, to make the language around authorizations consistent. The Standing Committee suggested with Motion 3, set out in Appendix 2, to make the same change to section 21, dealing with the Letter of Authorization, to make the legislation internally consistent.

Now I pass this on to Kam Lake MLA. Thank you.