2005-2006 Annual Report

As Ms. Keenan-Bengts stated to committee, "the principals underlining the legislation form the basis of modern democracy."

However, she advised us that she is faced with what she referred to as an "underlying reluctance to openness ... a tendency to interpret the act narrowly so as to limit the access allowed".

The underlying theme throughout the Commissioner's report and presentation to the committee was the need to foster a corporate culture that is committed to open and transparent government, and strives to follow the spirit as well as the letter of the act. She stressed again the need for leadership to initiate a change of culture from top to bottom. Ministers and deputy ministers, in particular, would need to demonstrate commitment to the act and support, through their leadership, a shift to greater openness.

The committee had an engaging discussion with the Commissioner about the powers given to ATIPP Commissioners in different Canadian jurisdictions. The Commissioner strongly believes in the ombudsman system that is in place in the NWT. She feels that the flexibility of this system allows her to work with departments and agencies in order to find creative and innovative resolutions. The Commissioner sees this as a strength, particularly in our small jurisdiction, where this legislative framework is still fairly new.

Ms. Keenan-Bengts emphasized that these strengths, however, can only unfold and develop fully if there is commitment to the process throughout the organization starting from the top. As she stated, "the purposes of the act will only be met if there is a buy-in and commitment on the part of the government as a whole and support from the highest levels of management to the concept of openness."

The committee shares the Commissioner's concerns and strongly supports her plea to strengthen the corporate culture.

Recommendation

The Standing Committee on Accountability and Oversight recommends that the Premier, Ministers and deputy ministers take a leadership role in changing the corporate culture as far as the interpretation and application of the ATIPP Act is concerned to create a culture of openness from top to bottom.

Furthermore, the Standing Committee on Accountability and Oversight recommends that a new section reporting on ATIPP activities be included in the yearly business plans for each department. This new reporting framework should include information on requests, complaints and how they were resolved, related training and any other initiatives or activities that take place to promote the ATIPP legislation.

Such a reporting requirement will send clear messages to the public service about the importance of open and transparent government, and the need to grant access to information unless there is a clear and compelling reason not to do so.

The 2005-2006 annual report includes several other specific recommendations to enhance access to information and protection of personal privacy in the NWT, and to improve the administration of the act.

Boards And Agencies

A longstanding concern for the Commissioner has been the need for members and staff of boards and agencies to be aware of their obligations under the act and to implement appropriate records retention policies, particularly for documents in the hands of individual board members.

In previous reports, our committee has recommended that mandatory records management training for board members of boards and agencies be implemented.

The last government response was tabled in the House on October 17, 2006. The GNWT committed to a more proactive approach to ATIPP and to report back on the discussions between officials from the departments of Justice, Public Works and Services and Human Resources who are reviewing the matter. This report is still outstanding.

The Commissioner acknowledged that some training is now being offered to members of boards and agencies, but the courses offered are still a long way from being complete. Ms. Keenan-Bengts repeated her concerns that board members do not necessarily have any knowledge about their obligations under the ATIPP legislation. She contends that they are not advised at the beginning of their tenure about what their responsibilities are under the legislation and that no standards or policies exist that would govern these agencies as far as ATIPP legislation is concerned.

The committee was troubled to hear that the Commissioner was not aware of the standards, policies and guidelines developed by the departments of Public Works and Services and Justice.

Recommendation

The Standing Committee on Accountability and Oversight recommends that ATIPP activities related to boards and agencies be included in the proposed business plan reporting framework and that the GNWT deliver on its outstanding commitment to report back to the Accountability and Oversight committee on its commitment to a more proactive approach to ATIPP matters.

Private Sector Privacy Legislation

Another of the Commissioner's ongoing recommendations from past reports is that the NWT enact its own "made-in-the-north" privacy legislation to regulate how the private sector collects, uses and discloses personal information.

Although the NWT's private sector is regulated by the federal Personal Information Protection and Electronic Documents Act (PIPEDA), the Commissioner points out that a small and distant office in Ottawa is unlikely to have the time and capacity to address complaints and issues of a local nature. Alberta and B.C., for example, have enacted provincial legislation to address the gaps left by PIPEDA and found that they received large numbers of complaints. The resolution of these complaints has made corporate citizens more aware of their responsibilities and the public aware of their rights.

The GNWT had previously indicated its intent to review the effectiveness of PIPEDA in 2006 in order to determine

whether territorial legislation is necessary. The committee looks forward to seeing the results of this review now that the federal government has concluded its statutory review of the act.

Contractors

As in past reports, the Commissioner commented on the importance of ensuring contractors who handle government information are aware of, and comply with, the requirements of ATIPP legislation. Her concerns appear to be partially addressed by the terms and conditions incorporated into GNWT contracts, and by the October 2005 amendments to the act. These changes made contractors directly responsible for protecting personal information.

Nevertheless, the Commissioner wishes to create awareness and alertness to this issue, particularly if the government should choose in the future to contract out services that involve extensive personal information.

First Nations Governance

As in previous reports, the Commissioner recommends the GNWT take the initiative to raise information and privacy issues in devolution discussions, and with aboriginal governments in order to encourage them to include some form of regulation within their governance structures. She states that although there are likely to be cultural differences on many information and privacy issues, all peoples have the right to an open government, which requires access to records and the right to expect a certain level of privacy.

The GNWT indicated in its response to the Commissioner's 2004-2005 recommendations that the ATIPP Act and regulations will not apply to self-governments, but that the GNWT is willing to be consulted on the drafting of such legislation by self-governments.

During the public meeting, the Commissioner indicated that she hoped that the GNWT would have shown some more specific ideas and a more positive approach encouraging First Nations to consider this issue.

Municipal Governments

In her previous seven reports, the Commissioner has brought forward the lack of and need for information and privacy legislation for municipal governments.

The Commissioner encourages the government again to either include municipalities under ATIPP or create specific information and privacy legislation for municipalities.

The committee supports the Commissioner's recommendation and further encourages the GNWT to conclude the work started between Municipal and Community Affairs (MACA) and Justice in consultation with the Northwest Territories Association of Communities to allow for consideration of a gill by the 16th Assembly.

Conclusion

The Commissioner quoted the following statement by Justice LaForrest of the Supreme Court of Canada to the Committee:

"The overarching purpose of access to information legislation is to facilitate democracy. It does so in two related ways. It helps to ensure first, that citizens have the information required to participate meaningfully in the democratic process and secondly, that politicians and bureaucrats remain accountable to the citizenry.

Rights to state held information are designed to improve the workings of government; to make it more effective, responsive and accountable."

Despite her occasional frustration, the Commissioner advised us that she continues to strongly believe in the ombudsman approach to the oversight of ATIPP implementation and compliance. She is convinced that working with people to come up with solutions generates better results and buy-in than would order powers. However, the need for a corporate culture supporting that approach is crucial.

Ms. Keenan-Bengts also reported some encouraging evidence. Since her recommendation regarding the introduction of an electronic health record system, she has been consulted by the Department of Health and Social Services, leading to her increased confidence that the privacy issues related to this new technology will be addressed. The Commissioner was also pleased about the enthusiastic and positive reaction from the Department of Transportation to her recommendation regarding a legislative gap in the Motor Vehicles Act.

These are positive developments and the committee wishes to encourage the government to show leadership and to strive for full compliance with both the spirit and letter of the Access to Information and Protection of Privacy Act.

Recommendation

The Standing Committee on Accountability and Oversight recommends the GNWT table a comprehensive response to this report no later than during the second session of the 16th Legislative Assembly.

Good afternoon, colleagues. Welcome back to the House. Welcome back as we sit together for the last time as Members of the 15th Legislative Assembly. I know that the summer recess has been brief and very busy for all Members. In addition to your constituency work, committees have been travelling on the public review of bills and Cabinet has continued with the work of government. In spite of the schedule, I hope you have all managed to savor a few minutes of our glorious, but all-too-short summer season and found some time to enjoy the company of family and friends.

As the summer began to wind down, the Speaker's Outreach Program paid a special visit to the residents in the High Arctic community of Sachs Harbour on the south shore of Banks Island. This historic visit marks the first time the Mace of the Northwest Territories travelled above the Arctic Circle.

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Our visit was extremely well received by community residents. I had the pleasure of having tea with the elders, playing sports with the children and youth and enjoying caribou stew and bannock with the community-at-large. Community members, students and staff were an enjoyable audience and regarded the Mace with awe and delight.

I also had the pleasure of meeting the man who selected the stone that was placed inside the Mace to represent the voices of the people of Sachs Harbour, Mr. Geddes Wolki. On behalf of the Legislative Assembly, I extend gratitude to the residents of Sachs Harbour for their hospitality.

I would like to take a moment to acknowledge the late Rosie Firth, respected elder, mother and artisan from Fort McPherson. The late Mrs. Firth is the artisan who provided the beaded Delta braid featured on the Mace of the Northwest Territories. I would also like to take this opportunity to extend condolences of the House to those communities who suffered tragic losses this summer. Our thoughts and prayers have been with you.

Colleagues, we have a full agenda for the next seven days and I know that you are all eager to begin. I remind Members to continue to act with respect for each other and for this institution, allowing us to work for the benefit of all residents of the Northwest Territories and to complete the mandate of the 15th Legislative Assembly.

It is my duty to advise the House that I have received the following message from the Commissioner of the Northwest Territories. It reads, "Dear Mr. Speaker, I wish to advise that I recommend to the Legislative Assembly of the Northwest Territories the passage of Supplementary Appropriation Act, No. 4, 2006-2007 and Supplementary Appropriation Act, No. 2, 2007-2008 during the Sixth Session of the 15th Assembly. Yours truly, Anthony W. J. Whitford, Commissioner."

Thanks for your attention, colleagues. Orders of the day. Ministers' statements. The honourable Premier, Mr. Handley.

Please be seated. Colleagues, before we adjourn today, I would like to take this opportunity to commend you all for the work you have done and that you have accomplished in this short period of time. I would also like to thank the Pages who have been with us this last week.

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We have had students from the Diamond Jenness High School in Hay River, Mackenzie Mountain School in Norman Wells, Moose Kerr School in Aklavik and Chief Julius School in Fort McPherson.

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We certainly appreciate the work that they all do for us. It is looking like a very busy summer for all Members as we prepare for the last sitting of the 15th Assembly. Cabinet continues the work of government, committees are preparing to meet and travel throughout the Territories with upcoming legislation, and we will all use this time to continue to work diligently for our constituents. I hope we do it with as much vigor as was displayed in the Chamber this afternoon.

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Next week, I will be bringing the Mace of the Northwest Territories to the Princess Alexander School in Hay River and to Deninu School in Fort Resolution.

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The Honourable Premier, Members of the Legislative Assembly, the Clerk and the Sergeant-at-Arms, will be joining me to deliver the Speaker's educational Outreach Program. This program is aimed at NWT youth living in communities outside of Yellowknife and focussed on educating and motivating youth to learn about the role of the Legislative Assembly and its elected officials. It is also intended to create greater awareness among northerners. The Mace will also be on display at the Royal Canadian Legion in Hay River and at the Antoine Beaulieu Memorial

Hall in Fort Resolution. We are preparing to bring this program to your community in the future.

I urge Members to carve out a little time in your busy schedules to spend with your families and friends during the short summer season, enjoying the upcoming Victoria Day holiday and taking part in the festivities surrounding National Aboriginal Day and Canada Day.

We have much to celebrate in our great territory and our great country. I wish you all good judgement as you continue with your work and safe travels throughout the territory this summer and I look forward to meeting you again in this House in August.

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Thank you, Members. Mr. Clerk, orders of the day.

Good afternoon, colleagues. Welcome back to the Chamber for the continuation of the sixth and final session of the 15th Legislative Assembly.

Speaker's Opening Comments

I know you are all eager to get started in this, our next to last sitting, but I would like to take a few moments to acknowledge some special events in our Legislature since we last met.

I was very pleased last week to hold the 8th Annual Youth Parliament of the Northwest Territories. Nineteen high school students from each electoral district in the Northwest Territories participated and received a first-hand look at the workings of our unique style of government. As I had announced earlier, the theme for this year's Parliament focussed on enhancing the role of women in politics, and I am proud to announce that 16 of the 19 youth parliamentarians were young women.

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I applaud all 19 members of this year's Youth Parliament for a job well done. I was fortunate to be in the gallery for the sitting of the Youth Parliament and witness the performance, and I am confident that maybe we'll see some of them representing future governments of the Northwest Territories.

In continuing the theme of women in politics, it was also my pleasure last week to welcome the Outreach Program of the Commonwealth Women Parliamentarians, Canadian Region. We were very fortunate that this meeting coincided with our Youth Parliament and it was a great pleasure to have such capable, experienced politicians including our very own Ms. Lee and Mrs. Groenewegen address the young parliamentarians.

Sadly, colleagues, we have seen the loss of several great leaders and prominent northerners in the last few weeks. We join with their families and communities to mourn the passing of respected elder and former Member of this House, Mr. Pauloosie Paniloo; former Member of Parliament, Robert -- better known as "Bud" -- Orange; respected elder Harry Simpson of Gameti; Robert Blake of Fort McPherson; Phillip Goulet of Ndilo; Garret Ruben of Paulatuk; and Winnie Carpenter of Sachs Harbour. All were noted for their many contributions to their communities and to the North. I extend my condolences, and those of this House, to the families and the communities of all of these men and women. They were leaders who will be missed by their people.

Also, our condolences go out to all residents of the Northwest Territories who have had the misfortune of losing loved ones since our last sitting.

Now, colleagues, to the business at hand. As my representative from Hay River North in Youth Parliament so politely put it: Let's move on.

I look forward to a very productive session and remind you all of the standards that we have set for the dignity and respect of this House.

Orders of the day. Ministers' statements. The honourable Premier, Mr. Handley.

Thank you, Mr. Clerk. Colleagues, before we adjourn today, I would like to take this opportunity to thank all of the Pages who have served us over the last five weeks...

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...and wish them continued success in their academic endeavours. We have had students from the following schools and communities: Sir John Franklin and William McDonald schools in Yellowknife;

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...and from the communities of Fort Resolution, Hay River, Whati and Inuvik.

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Our thanks to the Pages, their chaperons and the Page Program organizers.

Members, I know that when you leave this House today, you are all heading into a very busy spring. Although the House will not meet again until early in May, the work of government, committees and representing your constituents continues.

Committees are travelling throughout the Territories in April to consult with the people of the North on a number of important issues. I encourage all northerners to take part in their consultations and public meetings whenever possible. Your input is a vital component to the work we do here, and these consultations are your opportunity to make a contribution.

Also, Members, a reminder that the territorial Youth Parliament will be meeting in this House during the week of April 30th to May 4th. This is a wonderful opportunity for the youth of our territory to obtain first-hand experience and knowledge of the workings of government. As I stated last week, the theme of the 2007 Youth Parliament will focus on enhancing the role of women and politics. In continuing with this theme of women as leaders, our Legislature will also host, during that same week, a meeting of the Commonwealth women parliamentarians. It will be an exciting week for our Legislature, allowing our young men and women -- our future leaders -- an opportunity to meet and learn from the experienced parliamentarians.

Until we meet again in May, I wish all Members safe travels and good health.

Accordingly, I adjourn this House until May 9, 2007, at 1:30 p.m.

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---ADJOURNMENT

The House adjourned at 16:27 p.m.

Thank you, Madam Chair. That information should be out fairly shortly. The only thing that we're a little bit hampered with right now is waiting for the federal government to actually sign off on the resolution to dissolve the House on August 31st so that we will be allowed to have an election on October 1st. We're still planning on that, but we're getting tight on the time on the six-month period and timelines that affect the election. So the Chief Electoral Officer is being hampered somewhat waiting for the federal government to sign off on that, but as soon as that comes through, then the Chief Electoral Officer will be proceeding with plans for the election and the information that you're looking for. Thank you, Madam Chair.

Thank you, Madam Chair. The issue that's brought up by the Member, and I thank him for the question, is one that's been around for a while. We put a lot of importance in the research staff that we have, especially the staff that's working with our standing committees. It's an issue that we've been trying to address for some time now. We're making some progress in that, have had some agreement from Human

Resources to allow us to reclassify some of the positions and make them more comparable to analyst positions that work for Cabinet and that's progressing. As we speak, actually, there is communications going on between the Clerk's office and Human Resources, and with the new job descriptions we're hoping to have the pay levels more equalized and that should help us recruit and retain staff that will work with the committees a lot better. So that's where we are now on that. Thank you.

Thank you, Madam Chair. To my left I have Cheryl Menard, manager of finance; and to my right is Tim Mercer, Clerk of the Assembly.

Yes, I would.