Thank you, Member for Great Slave. Member for Hay River South.

Thank you, Mr. Speaker.

Post-Secondary Education Advisory Committees

The Standing Committee determined that the description of the creation and functioning of the quality assurance Advisory Committees and assurance bodies in the Post-Secondary Education Act is unclear.

When the PSE Act was created as Bill 48 in the 18th Assembly, our predecessor Standing Committee on Social Development made the following observations regarding Advisory Committees in its report on the Bill:,

• That Bill 48 was unclear about the role of the Advisory Committees in the quality assurance process, as was the distinction between the work of an advisory committee and that of a quality assurance body.
• That as appropriate, the Department will use “homegrown" Advisory Committees, including for applications for recognition as an Indigenous institution, and in other instances that may draw on the expertise of quality assurance bodies established elsewhere.

Section 7 allows the Minster to establish more than one advisory committee. Bill 39 ensures the Minister follows regulations when appointing committee members (subsection 7(2)). In the current PSE Act, the Post-Secondary Advisory Committee is intended to provide reviews of Post-Secondary institutions operating in the NWT. However, the Act does not explain the difference between the Post-Secondary Advisory Committee and other quality assurances bodies. For Bill 39, the intent for changes to the language around Advisory Committees was to clarify the role of the Advisory Committee as a quality assurance body for non-degree-granting institutions, with further clarification to be set out in regulations.

Committee posed several questions on the work of the Post-Secondary Education Advisory Committee in correspondence with the department and learned that the Post- Secondary Education Advisory Committees carry out reviews and then advise the Minister after the reviews are complete, as is common practice across Canada. The Advisory Committees will review applications, develop recommendations, advise on findings, seek input from subject matter experts specific to the application under review, compile the information, and provide advice and recommendations to the Minister of Education, Culture and Employment, but have no decision-making authority.

The Department informed the Standing Committee that the Terms of Reference for the Post-Secondary Education Advisory Committees would be completed when the Quality Assurance Regulations are drafted.

The Standing Committee found subsection 7(1)(b) challenging as it was positioned under the topic of quality assurance and did not refer to quality assurance but to administration. This was seen as a disconnect between the intention and what is expressed in the bill. The resulting creation of a very broad decision-making power was a concern for the Standing Committee.

Consequently, the Standing Committee developed Motion 1 to clarify that the focus of the Advisory Committee is on matters of quality assurance. The motion, as set out in Appendix 2, replaces paragraphs 7(1)(b) and (c) and relates both to quality assurance. Motion 1 includes a new subsection 7(2.1) requiring the Minister when appointing members,

to "make a reasonable effort to include members who reflect the unique and diverse values, histories and people of the Northwest Territories".

The Standing Committee had included this exact requirement for the Board of Governors when selecting members of the Indigenous Knowledge-Holders Council. This change was made via motion changing subsection 21(3) in review of Bill 30: An Act to Amend the Aurora College Act. We understand this change as contributing to ensuring consistency in legislation related to the Aurora College transformation toward a polytechnic university.

Affirmative Action

Members of the Standing Committee feel strongly about affirmative action and want to be ensured that Post-Secondary Education Advisory Committees have appropriate Indigenous representation. In communication, the Department had maintained that it prefers flexibility in the composition of quality assurance Advisory Committees. We learned that depending on the type of institution applying, the composition of the Advisory Committees could change.

For example, with a review of an aviation school, such Advisory Committee would likely include membership from within and the outside of the GNWT, and likely aviation experts. In addition, the quality assurance process for Indigenous institutions will require an Advisory Committee under section 7 of the PSE Act. It is anticipated that such a committee would have significant Indigenous membership.

To this effect, Standing Committee developed Motion 2 requiring a minimum of Indigenous members to the Advisory Committee. This motion is captured in Appendix 2 and adds 7(2), stating that "at least one-half of the members appointed by the Minister to an Advisory Committee under subsection (2) must be Indigenous residents of the Northwest Territories".

Thank you, Mr. Speaker. I will now pass it over to the Member for Monfwi.

Thank you, Member for Hay River South. Member for Monfwi.

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.

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

Thank you, Mr. Speaker.

Clause-by-Clause Review

The clause-by-clause review of Bill 39 was held on March 25, 2022. At this review, the Standing Committee moved three motions. The Minister concurred with two motions. The Minister did not agree with the motion on the composition of the Post-Secondary Education Advisory Board.

Motion 1 - proposes changing section 7 by focusing the Post-Secondary Education Advisory Committees and their work on quality assurance matters and adding a requirement for the Minister to ensure membership on the Advisory Committees reflects the uniqueness and diversity of the NWT.

The Minister concurred, and clause 3 has been amended.

Motion 2 - The Standing Committee moved that after subclause 7(2.1), a new subsection requires that at least one-half of the Minister's appointed members to a Post-Secondary Education Advisory Committee under subsection (2) must be Indigenous residents of the Northwest Territories.

The Minister did not concur. The amendment will not take effect.

Motion 3 - The Standing Committee moved that Clause 15 of Bill 39 be amended by making the language consistent with other sections in the act.

The Minister concurred with the motion. Clause 15 has been amended.

Conclusion

The Standing Committee on Social Development's review of Bill 39 resulted in three motions. The Standing Committee thanks the public for their participation in the review process and everyone involved in the review of this bill for their assistance and input.

Following the clause-by-clause review, a motion was carried to report Bill 39: An Act to Amend the Post-Secondary Education Act, as amended and reprinted, as ready for consideration in Committee of the Whole. This concludes the Standing Committee's review.

Thank you, Mr. Speaker. And Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 28-19(2): Standing Committee on Social Development Report on the Review of Bill 39: An Act to Amend the Post-Secondary Education Act be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you, Member for Kam Lake. The motion is in order. To the motion?

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

---Carried

Committee Report 28-19(2) has been received and adopted by the Assembly.

Reports of Standing and Special Committees. Tabling of Documents. Minister responsible for Health and Social Services.

Thank you, Mr. Speaker. Oh, man, I've been waiting for this moment, and -- yes, Mr. Speaker, I wish to table the following five documents: 2020-2021 Annual Report of the NWT Health and Social Services Authority; 2020-2021 Annual Report of the NWT Health and Social Services System;
Hay River Health and Social Services Authority Annual Report 2020-2021; Tlicho Community Services Agency Health and Social Services Annual Report 2020-2021; and, Follow-up Letter for Oral Question 902-19(2): Health care Staff Recruitment. Thank you, Mr. Speaker.

Thank you, Minister. Tabling of documents. Minister responsible for Justice.

Mr. Speaker, I wish to table the following document: Plain Language Summary for Bill 48: Arbitration Act. Thank you, Mr. Speaker.

Thank you, Minister. Tabling of documents. Minister responsible for Infrastructure.

Thank you, Mr. Speaker. I wish to table the following document: Government of the Northwest Territories Response to Committee Report 17-19(2): A Report on Bill 23: An Act to Amend the Public Utilities Act. Thank you.

Thank you, Minister. Tabling of documents. Member for Frame Lake.

Merci, Monsieur le President. I wish to table the following three documents: Northwest Territories 2022 Living Wage Report; Northwest Territories Living Wage 2022 Plain Language Report; and a news release -- a Media Release and Infographics from Alternatives North dated today. Mahsi, Mr. Speaker.

Thank you, Member for Frame Lake. Tabling of documents. Notices of motion. Motions. Notices of motion for the first reading of bills. First reading of bills. Second reading of bills. Minister responsible for Justice.

Thank you, Minister. The motion is in order. To the principle of the bill.

Question has been called.

Members, pursuant to Rule 10.3(1), a recorded vote is required. The clerk shall call on each Member by riding name to cast their vote, starting with the mover; those participating remotely and those participating in the Chamber in the order of their seats. When the clerk calls on you, please state whether you are for, against, or abstaining from second reading.

In favour.