Proactive disclosure

In October 2020, the committee recommended a GNWT update on work to standardize Access by Design principles when designing government records and communications. Access by Design advances that government-held records should be available to the public by default, with limited and specific exceptions.

There are many benefits to the proactive disclosure and active dissemination of government-held records. Residents would not need to make any special requests for information. Public bodies could have fewer access to information requests to answer. This would save time and costs. Ultimately, residents would be more empowered to hold the government accountable, and the government would be more accessible and transparent.

In February 2021, the GNWT indicated that it supports the Access by Design principle. The GNWT also reported that it was planning to ask all public bodies to conduct a "comprehensive review of their records." The review would establish categories of records that can be routinely disclosed and proactively made available to the public.

This review appears to be an effort to comply with section 72(1) of the recently amended ATIPP Act. The changes to the ATIPP Act came into effect in July 2021. The status of this review is unclear.

The Standing Committee on Government Operations believes expanded proactive disclosure of the government-held records is long overdue, and therefore recommends:

Recommendation 4

That the Government of the Northwest Territories provide an update on complying with section 72(1) of the Access to Information and Protection of Privacy Act, which requires the head of a public body to establish and publish categories of records to be made available to the public without a request for access. The update should include a summary of the progress achieved so far and the timelines for full compliance at each public body.

Conclusion

This concludes the Standing Committee on Government Operations Report on the Review of the 2020-2021 Annual Report of the Information and Privacy Commissioner. The committee looks forward to the government's response to these recommendations.

Recommendation 5

The Standing Committee on Government Operations recommends that

the Government of the Northwest Territories provide a response to this report within 120 days.