Debates of June 2, 2006 (day 4)

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

---Carried

Thank you, committee. Mr. Hawkins.

Thank you, Mr. Chairman. The Commissioner recommends two amendments to the act to address problems that came to light in the course of a review of a decision to refuse access to information by the former Department of Resources, Wildlife and Economic Development.

The first issue was with a specific provision of the act, paragraph 24(1)(f), which states that a public body must not disclose information that is a statement of financial assistance provided to a third party by a prescribed corporation or board. The Commissioner interpreted the words “prescribed corporation or board” to refer to any corporation or board subject to the act. The department interpreted them to require a specific designation as a “prescribed corporation or board." The Commissioner recommends the act be amended to clarify the meaning of paragraph 24(1)(f).

The second issue was with the department’s response to the Commissioner’s recommendations, which in her opinion seriously undermined the credibility of the review process. The Commissioner’s recommendations were based on the department’s argument that the information requested was subject to a specific exemption in the act. On receiving the Commissioner’s recommendations, the department declined to follow them on the basis that they had changed their mind about which exemption they wanted to rely on and that they had determined the exemption they had initially cited, and on which the Commissioner based her recommendations, did not apply to them.

One of the Commissioner’s concerns with this kind of response on the part of a public body is that it leaves no recourse for the applicant other than to make an application to court and effectively sidelines the role of the Commissioner. The act does not allow for the Commissioner to reconsider a request for review if a department changes its mind about its arguments after she has made her recommendations. In her report, she therefore recommends an amendment to the act requiring public bodies to refer to all relevant sections of the act when responding to the Information and Privacy Commissioner, and to be bound by those submissions. During her meeting with the committee, she suggested an alternative would be an amendment requiring that no final decision be made by the head of a public body until the Commissioner is given an opportunity to make recommendations based on all the arguments the public body wishes to rely on.

In our discussions with the Commissioner it became apparent to the committee that the underlying problem is likely not so much a gap in the legislation as the overall corporate culture and approach to requests for review of access to information decisions. The Commissioner advised us that public bodies often take what she referred to as a “lazy” approach in making their submissions and fail to provide complete lists of their arguments and the specific exemptions or sections of the act they wish to rely on. As the Commissioner pointed out, the onus is on the public body to demonstrate that an exemption applies. However, because of the poor quality of submissions, the Commissioner sometimes finds herself in the position of having to research and make the public bodies’ arguments for them because of the possible consequences of not considering all the angles.

Thank you, Mr. Hawkins. The motion is in order. To the motion.

Question.

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

---Carried

Thank you, committee. Mr. Hawkins.

Thank you, Mr. Hawkins. The motion is in order. To the motion.

Question.

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

---Carried

Thank you, committee. Mr. Hawkins.

Thank you, Mr. Chairman. The Commissioner recommends that a link be provided from the Legislative Assembly web site to the directory of ATIPP coordinators as it is currently difficult to find on the Justice and GNWT web sites. She further recommends that a paper directory be made available throughout the NWT.

Thank you, Mr. Hawkins. The motion is in order. To the motion.

Question.

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

---Carried

Thank you, committee. Mr. Hawkins.

Thank you, Mr. Chairman. At the time of our public review of the 2004-2005 report, the Commissioner raised two additional issues which the committee wishes to comment on.

Thank you, Mr. Hawkins. The motion is in order. To the motion.

Question.

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

---Carried

Thank you, committee. Mr. Hawkins.

Thank you, Mr. Hawkins. The motion is in order. To the motion.

Question.

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

---Carried

Thank you, committee. Mr. Hawkins.

Thank you, Mr. Chairman. As the Commissioner stated to the committee: “Secrecy and closed doors lead to corruption and bad government no matter how well intentioned governments may be. It is far easier as a member of the public to accept the bona fides of government when they seem to be open and willing to accept responsibility, even for bad news, than if they appear to be secretive.”

Thank you, Mr. Hawkins. The motion is in order. To the motion.

Question.

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

---Carried

Thank you, committee. Does committee now agree that consideration of Committee Report 2-15(5) is concluded?

Agreed.

Thank you. That is the Report of the Review of the 2004-2005 Annual Report of the Information and Privacy Commissioner. Thank you, committee. Recognizing the clock, I will now rise and report progress. Thank you.

Mr. Speaker, your committee has been considering Committee Report 1-15(5), Report on the Review of the Annual Report of the Human Rights Commission, and Committee Report 2-15(5), Report on the Review of the Annual Report of the Information and Privacy Commissioner, with 16 motions being adopted. I would like to report that committee reports 1-15(5) and 2-15(2) are concluded and, Mr. Speaker, I move that the report of Committee of the Whole be concurred with. Thank you.

Thank you, Mr. Ramsay. Do we have a seconder? The honourable Member for Range Lake, Ms. Lee. The motion is in order. All those in favour? All those opposed? The motion is carried.

---Carried

Orders of the day for Monday, June 5, 2006 at 1:30 p.m.:

Prayer

Ministers' Statements

Members' Statements

Returns to Oral Questions

Recognition of Visitors in the Gallery

Oral Questions

Written Questions

Returns to Written Questions

Replies to Opening Address

Petitions

Reports of Standing and Special Committees

Reports of Committees on the Review of Bills

Tabling of Documents

Notices of Motion

Notices of Motion for First Reading of Bills

Motions

- Motion 1-15(5), Designated Budget for Art in GNWT

Buildings

First Reading of Bills

- Bill 1, Supplementary Appropriation Act, No. 4,

2005-2006

- Bill 2, Supplementary Appropriation Act, No. 1,

2006-2007

- Bill 6, Engineering and Geoscience Professions Act

- Bill 7, Pharmacy Act

- Bill 8, Miscellaneous Statutes Amendment Act

- Bill 9, Write-off of Assets Act

- Bill 10, Forgiveness of Debts Act, 2006-2007

- Bill 11, Tourism Act

- Bill 12, Garnishment Remedies Statutes

Amendment Act

Second Reading of Bills

Consideration in Committee of the Whole of Bills and Other Matters

- Committee Report 3-15(5), Report on the Review of

the 2004-2005 Annual Report of the Official

Languages Commissioner

- Committee Report 4-15(5), Progress Report on

Priorities and Objectives (2006)

- Bill 3, An Act to Amend the Legislative Assembly

and Executive Council Act

- Bill 4, An Act to Amend the Supplementary Retiring

Allowances Act

- Bill 5, An Act to Amend the Territorial Parks Act

Report of Committee of the Whole

Third Reading of Bills

Orders of the Day

Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Monday, June 5, 2006, at 1:30 p.m.

---ADJOURNMENT

The House adjourned at 14:04 p.m.