Debates of Oct. 22nd, 2024

Thank you, Member from Yellowknife North. Members' statements. Member from the Deh Cho.

Thank you, Mr. Speaker. Mr. Speaker, today I would like to talk about the very important piece of infrastructure in our territory which is in my riding, the Deh Cho Bridge. The Deh Cho Bridge is probably one of the territory's largest pieces of infrastructure and the only bridge crossing the Mackenzie River.

Mr. Speaker, in the summer of 2023, the Government of the Northwest Territories discovered that the bridge was damaged. The damage included a broken cable. As a result, traffic is reduced to one lane and there are often line-ups.

Mr. Speaker, constituents in my riding frequently use the Deh Cho Bridge, and they are concerned about the traffic delays and worried about potential safety issues. My constituents aren't the only ones impacted. The bridge is important for many residents of the NWT and for tourism and other industries as this is a year-round highway linking Yellowknife to the south.

Initially, the repair work was supposed to take place this summer; however, this work has not been completed. I made inquiries on the status of the repairs and each time I am told that it will be done soon; however, the work keeps getting pushed back, Mr. Speaker. The government has been aware of this issue for over a year. I will have questions for the Minister of Infrastructure later. Thank you, Mr. Speaker.

Thank you, Member from the Deh Cho. Members' statements. Member from Yellowknife Centre.

Thank you, Mr. Speaker. This July an email was sent to the Department of Health and Social Services. Seven GNWT employees were included on that email. One of them in particular, Mr. Speaker, was the CEO of NT Health and Social Services so I know the department has it at the toppest -- sorry, at the top of the highest officials we have.

Mr. Speaker, I won't name the particular facility, but it was highlighting something very serious. The subject matter in part reads: Urgent, child and youth safety concerns at... I won't fill in the rest. And the email then begins, Mr. Speaker -- and I take a small excerpt out of it. It says, I am writing to you today with a serious concern, safety risk to children and youth that are occurring.

Mr. Speaker, now when it comes to our most vulnerable, whether it's our youth, whether it's our elderly, or those who require special supports, I think it's fair to say all hands-on deck is the right approach. It's not only warranted; it's demanded, Mr. Speaker. So I know this email was received by the CEO, Mr. Speaker, and it highlights in the email that there may be human rights issues, abuse, and neglect. Mr. Speaker, I repeat myself. There may be human rights issues, abuse, and neglect. In that email, it had several items attached that the concerned citizen brought forward and citing as this is information you may need.

Mr. Speaker, this is quite distressing for someone like myself because thinking about our most vulnerable may be trapped in a particular situation and, more so, it bothers me that the department may be taking a lackadaisical approach on how to investigate this and furthermore demonstrates some level of transparency to these concerns. I don't know if they're facts, but they're concerned enough to put them in writing to the department, Mr. Speaker. That should be a minimum standard, a standard of saying maybe we should look into this. At the same time, this also provides those in the system to clarify any concerns. They may be a misunderstanding but I'm not the person to judge.

Now this narrative, Mr. Speaker, I highlight does cause further concerns. I go back, human rights, abuse, and neglect.

There is disclosure rules under the Child and Family Services Act, Mr. Speaker, but it does seem to read pretty silent when it comes to reporting these to the RCMP. So, Mr. Speaker, to help us avoid lifelong -- the lifelong journey of despair and trauma of individuals, I'll be asking the Minister about when the RCMP should be playing a role on this particular concern highlighted. Thank you, Mr. Speaker.

Thank you, Member from Yellowknife Centre. Members' statements.

Good afternoon, colleagues. Today, I would like to celebrate the life of Stephanie "Sweet Pea" Squirrel. She was born on September 15th, 1988, to Loretta and Steve Squirrel. She was the youngest of five children.

Stephanie attended school in Fort Simpson. I can remember the first time I met her. It was in Grade 1, and she attended school with my daughter. It is interesting what you remember of youth when they are young. What struck me about Stephanie was her smile, energy, and willingness to always want to help her classmates. As she grew up, this was what people saw. She was always there looking after others, especially young children.

I can tell you, three of my grandchildren were always excited to see her, whether it was on the street or at daycare. They spoke about how nice she was, and I witnessed her pure kindness and care she would give to them. Unfortunately, she passed away on August 3rd, 2024, at the young age of 35.

On Monday, August 19th, the family had a Celebration of Life. Two of her best friends, Jocelyn Kierstead and Brittany Hardisty-Isaiah did her eulogy. I have attached them at the end of this speech and would like them deemed as read and printed in Hansard.

What I can tell you, they both spoke about how full of life she was. Always thinking of others, especially the young children, whether they were her nieces, nephews, friends' children, or ones from the daycare. She wanted them to enjoy life and make the most of things. The other that that jumped out at me from their eulogy, the first being, live in the moment. Sometimes you don't do what you plan on doing, like going out but end up in bed watching movies, chatting and dancing with your best friend into all hours of the night, and it being the best time.

The second thing was family time and the willingness to go on adventures with them and loved ones. Whether it was done with trips to Edmonton, Vegas, Mexico, or at the snye or visiting friends or family at home. You can always have fun and enjoy the company you are with regardless of where you are. This was who Stephanie was.

Her family and her boyfriend would like to thank all the people who were able to come to her Celebration of Life and all the condolences from people who were not able to attend. My condolences go out to the family. She will be sadly missed by us all.

Eulogy for Stephanie M. Squirrel (Jocelyn Kierstead and Brittany Hardisty Isaiah):

Stephanie (sweet pea) was a kind, loving, funny, selfless, beautiful soul. This isn't even a fraction of what I can say of who she was as a person, if anyone knew her, she was so much more than words can describe. She was an amazing at everything and an amazing friend, always there to have a shoulder to cry on, made you feel so comfortable and warm. She could always brighten up any room with her contagious smile and incredibly wicked humour but can also smack the Band-Aid off someone if you needed her to. I'll always remember the days we would make plans and end up staying in bed watching movies and singing and laughing all night.

Stephanie had a place in her heart for all children in her care as if they were her own. She was passionate about providing a safe, nurturing space for them. From the kids at the daycare to her many nieces, nephews, and little cousins. Steph had an abundance of love and patience for children.

As the youngest of 5 siblings, she earned her nickname of sweet pea and baby and was adored by those who knew her. Stephanie looked up to her big sisters, was protected by her older brothers, adored her father, and was devoted to loving and caring for her mother. Like most of us in a small community, Steph had a lot of cousins she grew up with that were like siblings. Family time and values are things Stephanie treasured. From trips to Edmonton, to birthdays, holidays, and weddings, she could always be found at the family gatherings.

Steph was never one to miss out on an opportunity to have fun and adventure whether it was a Las Vega trip with her sisters and Aunt, to a wedding vacation in Mexico, or a trip down to the snye floating bridge with her pops.

Steph's interest in astrology and her own zodiac sign reflected in her personality; humble, grounded, self-sufficient. She even has a tattoo of the Virgo constellation. I'd like to thank you for joining us to celebrate her life here on Earth, now she is our own STAR in the sky full of constellations.

Members' statements. Recognition of visitors in the gallery. Member from the Sahtu.

Thank you, Mr. Speaker. I'd like to welcome two pages from the community of Deline, Ehtseo Ayha School. Their names are Matthew Bond and Evelyn Gaudet. Welcome to the Assembly. Mahsi.

Recognition of visitors in the gallery. If we missed anyone in the gallery today, welcome to your chamber. I hope you're enjoying the proceedings. It is always nice to see people in the gallery. Oh, Member from Yellowknife North.

Thank you, Mr. Speaker. I just wanted to recognize Yellowknife North constituent Yuma McEachern who is helping us out as a page this week. So thanks so much, Yuma, for all your help.

Recognition of visitors in had the gallery. Reports of committees on the review of bills. Reports of standing and special committees. Member from Frame Lake.

Thank you, Mr. Speaker. It's going to be another marathon for Standing Committee on Government Operations. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Office of the Information and Privacy Commissioner.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 10-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Office of the Information and Privacy Commissioner be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. Reports on standing and special committees -- oh, sorry. Motion is in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion is passed.

---Carried

Standing committee on government operations report on the review of the 2023-2024 annual report of the northwest territories information and privacy commissioner

Introduction

The Standing Committee on Government Operations (Committee) has reviewed the 2023-2024 Annual Report of the Northwest Territories Information and Privacy Commissioner (Commissioner). The Committee thanks Mr. Andrew Fox, Information and Privacy Commissioner, for his appearance before Committee on September 12, 2024.

The Access to Information and Protection of Privacy Act (ATIPP) and the Health Information Act (HIA) require the Commissioner to prepare an annual report. The Speaker tables the report in the Legislative Assembly; once tabled, Committee reviews it.

The Commissioner's 2023-2024 report includes an assessment of the effectiveness of the Act, a report on the Office's activities, and recommendations for consideration by the Legislative Assembly. The Commissioner's work and recommendations are reflected in Committee's observations.

About The Information And Privacy Commissioner

The Information and Privacy Commissioner is a Statutory Officer of the Legislative Assembly. The Commissioner's primary functions involve:

• Receiving and reviewing complaints about breaches of privacy
• Receiving and reviewing complaints about the adequacy of public bodies' responses to access to information requests
• Reviewing Privacy Impact Assessments (PIAs), and
• Reviewing and commenting on proposed legislation regarding possible implications for privacy protection or access to government information 

Observations

Access to Information and Protection of Privacy Act

The Commissioner made two recommendations in the annual report concerning the Access to Information and Protection of Privacy Act (ATIPPA). Additional details about each recommendation can be found in the 2023-2024 annual report:

1. That the government should consider amending ATIPPA to allow a public body to extend the time once for the period required to complete third-party consultation without authorization by the Commissioner. For subsequent extensions, public bodies should continue to seek authorization from the Commissioner.

2. That public bodies should review their legal obligations to respond to access to information requests and assess their capacity to provide timely responses within the legislated time periods. They should collectively or individually ensure that the Access and Privacy Office (APO) is adequately resourced to assist public bodies in consistently meeting legal time frames and complying with the associated procedural requirements.

Committee acknowledges and supports the Commissioner's recommendations concerning the Access to Information and Protection of Privacy Act. Therefore, Committee recommends that:

Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a timeframe for implementing the Information and Privacy Commissioner's two recommendations related to the Access to Information and Protection of Privacy Act.

Delay in Responding to Access Requests

During the September 12, 2024, public briefing, the Commissioner expressed concerns about the Government of the Northwest Territories (GNWT)'s struggles to meet the legislated timeframes in responding to information requests. The APO is responsible for accepting requests from individuals applying for access to information and correction of personal information. Once the APO receives a request, they work with the relevant public body to retrieve the required records. The Commissioner brought forward to Committee that they believe delays are resulting from the time needed to clarify requests from public bodies and the ongoing issue that the APO lacks resources needed for the timely response to access to information requests within the legislated periods. It was noted by the Commissioner that wording within legislation remains clear and that no specific legislative changes are needed at this time that would help reduce the APO's workload.

Open Government

In 2019, Bill 29: Act to Amend the Access to Information and Protection of Privacy Act (Act) updated Section 72 to obligate public bodies to identify the types of records without personal information and can, therefore, be made available to the public without the need for a formal access request under the Act.

In addition, the GNWT committed to increasing openness, transparency, and accountability by embracing the “Open Government” movement and publicly releasing the Open Government Policy.

The Open Government Policy outlines actions to advance the GNWT's commitment to the principles of Open Government in three key areas:

Open Information

Open Information is the proactive release of government-held information in accessible and user-friendly formats. The Proactive Disclosure Directive (Directive), signed in July 2023, outlines information categories and guides public bodies on maximizing information disclosure.

Committee believes that information and documents outlined in the Directive are not being released proactively by the GNWT (for example, Committee is unaware of internal audit and evaluation reports being disclosed). For these reasons, Committee is recommending that:

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide the date by which all information and documents identified in the Proactive Disclosure Directive will be released and updated.

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories review and update the Proactive Disclosure Directive to maximize the release of information. Furthermore, Committee requests a date by which this review will be completed.

Open Data

The Open Data Portal (opendata.gov.nt.ca) is designed to make government-held data, including datasets, facts, figures, and statistics, available to the public in accessible and user-friendly formats. As of October 16, 2024, the Portal includes 340 datasets. However, it remains unclear which information resources are to be open and released, what decision processes govern the release of open data, and what efforts departments have made to maximize data release.

Organization Total

Bureau of Statistics 290

Education, Culture and Employment 4

Environment and Climate Change 12

Executive and Indigenous Affairs 7

Finance 2

Health and Social Services 2

Industry, Tourism and Investment 2

Infrastructure 9

Justice 10

Municipal and Community Affairs 2

Total 340

Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide:

1. A Directive on Open Government to maximize the release of government information and data of business value to support transparency, accountability, and citizen engagement.

2. Departmental Open Government Implementation Plans that outline departmental direction, strategies, and initiatives undertaken to meet the requirements of the Open Government Policy.

3. Inventories of all data and information resources of business value held by each department with determinations of eligibility and priority and the plan for effective release.

4. Periodic progress reports.

If these directives and guidelines do not yet exist, Committee requests a date by which they will be created and implemented.

Open Dialogue

Open Dialogue refers to the availability of a diverse range of engagement activities designed to facilitate meaningful participation of residents, communities, and organizations in government decision-making processes.

Committee recognizes the 2022 Public Engagement Employee Guide as a significant step toward establishing a unified approach in providing resources to support public engagement. Committee is eager in seeing the success of Open Dialogue and therefore recommends:

Recommendation 5: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide to Committee and publish all evaluation worksheets/reports from public engagement evaluation since the Public Engagement Employee Guide was released in July 2022.

Northwest Territories Health and Social Services Authority Privacy Breach Policy:

The current practice for health information custodians, such as the Northwest Territories Health and Social Services Authority (NTHSSA), is to delay notification of privacy breaches until a full investigation is completed, which often takes several months. This is inconsistent with the Health Information Act (HIA), which requires notice to be provided as soon as reasonably possible after a breach is confirmed. The delay in giving notice prevents individuals from taking timely action to protect their privacy. The Commissioner argues that notice should be given as soon as a privacy breach is confirmed rather than waiting for the full investigation to conclude, as this better aligns with the Health Information Act's intent. The Commissioner recommends in their 2023-2024 report:

• That the Health and Social Services Privacy Breach Policy should be amended to require notice to be given to the affected individual(s) and the Information and Privacy Commissioner as soon as reasonably possible once a privacy breach has been confirmed.

Committee recognizes the gap highlighted by the Commissioner between the NTHSSA policy and the HIA. Therefore, Committee is recommending the following:

Recommendation 6: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories work with the Northwest Territories Health and Social Services Authority to amend their Privacy Breach Policy to better align with the Health Information Act's intent.

Health Information Act

The Commissioner made seven recommendations in the annual report concerning the Health Information Act. Additional details about each recommendation can be found in the 2023-2024 annual report:

1. That the Department of Health and Social Services should consider implementing a policy, or the government should consider amending the Health Information Act, to require health information custodians to report to the Commissioner regarding the implementation of accepted recommendations.

2. That Health Information Custodians should continue to reduce or eliminate the use of fax machines to transmit personal health information.

3. That Health Information Custodians should use secure electronic transmission measures when transmitting personal health information. Privacy training for employees should include detailed instructions on using secure electronic measures.

4. That Health Information Custodians should prioritize implementation of, and compliance with, the Mandatory Training Policy and ensure that appropriate privacy training is provided for new employees, returning employees, and for all employees annually.

5. That the Legislative Assembly should consider amending the section amending section 87 of the Health Information Act to require a Health Information Custodian to give notice of a privacy breach within a specific time period. (Pg 19)

6. That Privacy Impact Assessments addressing any new information system or communication technology that involves the collection, use, or disclosure of personal health information should be completed and submitted so that there is a reasonable period for review by the Information and Privacy Commissioner and for any comments to be considered by the Health Information Custodian in the planning stages before implementation.

7. That the Legislative Assembly should consider amending Section 89 of the Health Information Act to include similar provisions regarding Privacy Impact Assessments as mandated in section 42.1 of ATIPP.

Committee acknowledges and supports the Commissioner's recommendations concerning the Health Information Act. Therefore, Committee is recommending the following:

Recommendation 7: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a timeframe for implementing the Information and Privacy Commissioner's seven recommendations related to the Health Information Act.

Conclusion

This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Information and Privacy Commissioner.

Recommendation 8: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories respond to the recommendations contained in this report within 120 days.

Reports on standing and special committees. Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 10-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Office of the Information and Privacy Commissioner, be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. The motion is in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.

---Carried

Reports on standing and special committees. Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Great Slave, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days. Thank you.

Thank you, Member from Frame Lake. Motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.

---Carried

Reports of Standing and Special Committees. Member from Frame Lake.