Mahsi, Mr. Speaker. [Translation] I would like to tell the House about things that are coming up in our region in the Tlicho Nation. We have received a letter from the Northwest Territories Human Rights Commission. We have received a letter from them, the Tlicho, and on the letter, Whati, Gameti, they have now opened an office for them and they will be representing disabled people and elders. They will also be able to support all the disabled people by providing the facilities for disabilities. So that will be happening in the Tlicho region.
I am the MLA, so I would like to recognize the work that they have done and I would like to recognize that there will be an opening. So I would like to say thank you to our community and the Tlicho region. Mahsi.
Thank you, Mr. Lafferty. Item 4, reports of standing and special committees. Mr. Nadli.
Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2012-2013 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to the House.
Thank you, Mr. Nadli. The motion is in order. To the motion.
Question.
Question has been called.
---Carried
Committee Report 9-17(5) is deemed read and is to be printed in Hansard in its entirety.
The Access to Information and Protection of Privacy (ATIPP) Act came into force on December 31, 1996. The law was created to promote government accountability by balancing access to government information with the protection of individual privacy rights related to that information.
Under the act, the Information and Privacy Commissioner (IPC) is appointed for a five-year term as an independent officer of the Legislative Assembly. The act requires the Commissioner to file an annual report on her activities and authorizes the Commissioner to include recommendations for amending the legislation to improve the act’s efficiency and effectiveness.
The Standing Committee on Government Operations conducted a review of the 2012-2013 Annual Report of the Information and Privacy Commissioner of the Northwest Territories, which was tabled in the Legislative Assembly on February 11, 2014. Members would like to thank Ms. Elaine Keenan Bengts for her report and for her appearance before the committee at the public review on April 25, 2014. The committee also wants to take this opportunity to thank Ms. Keenan Bengts for her continued commitment and dedication to all matters relating to access to information and the protection of privacy by public agencies in the Northwest Territories.
In 2012-2013 the Commissioner opened 16 new files, down from 27 in 2011-2012. Of the 16 new files, seven dealt with health information. Ms. Keenan Bengts completed 12 review recommendations, an increase of two over the previous year. Of these recommendations, seven were focused on the collection, use or disclosure of health information. This, undoubtedly, prompted the Commissioner to call 2012-2013 “the year of health privacy concerns.” As noted in the Commissioner’s message at the opening of the report:
“The issues ranged from patient concerns about the way in which their personal health information was being shared within the confines of a health authority to concerns raised by patients who were also employees of one of the Northwest Territories’ health authorities who questioned whether or not fellow employees or supervisors had access to their personal health records. And, once again, there were cases of misdirected faxes containing personal health information.” (page 7)
Of the cases resulting in review recommendations, the recommendations of the IPC were adopted in full by the relevant public body in six cases; partially adopted in two cases; not applicable in two cases, as no recommendations were made; and not accepted in two cases.
Eight public bodies were involved in 14 matters before the IPC in 2012-2013. Of these, the Yellowknife Health and Social Services Authority, the Dehcho Health and Social Services Authority, the Department of Environment and Natural Resources and the Department of Education, Culture and Employment each had two or more matters before the IPC.
As already noted, the Information and Privacy Commissioner is authorized to make recommendations for legislative change. This year the Commissioner highlighted five legislative issues. Of these, four relate to long-standing recommendations raised in her past reports and forwarded to this House by the standing committee: new health privacy legislation, access and privacy legislation for municipalities, the need for a general review of the ATIPP Act and what a revised act might include. In addition, the IPC has raised another matter for consideration, that of access to information and protection of privacy by First Nations governments.
Again this year the Information and Privacy Commissioner has made her concerns known regarding the potential for breaches of privacy within the health and social services system, which were heightened with the move to electronic medical records in 2010.
Of the breach-of-privacy complaints reviewed by the IPC in 2012-2013, two illustrate the problems that can arise with respect to the handling of medical information. In the first example, Review Recommendation 12-106, a complaint was brought against the Beaufort-Delta Health and Social Services Authority (BDHSSA) by a complainant who was also an employee. This individual requested that access to his paper medical records be restricted to protect the privacy of his medical issues from coworkers, after he received care at the Inuvik Hospital. Pursuant to his request, the paper records were immediately secured. However, when the complainant later grew concerned about his electronic records, he requested an audit and learned these records had been accessed 12 times outside the period during which he received medical attention.
The IPC’s review of the audit confirmed that the majority of times the records were accessed it was for legitimate reasons, but revealed that for several of the entries it could not be determined who was accessing the records and no reason had been recorded for the access. The BDHSSA argued there was no evidence to suggest that the information on the file had been improperly used or disclosed.
In commenting on this case, the Commissioner expressed the opinion that “the onus lies on the health authorities to provide evidence that all access to an individual’s personal health records is proper and for a legitimate reason under the act… Individuals have a right to know who has accessed their records and for what purposes. If the health authority cannot do that, there is a flaw in the system.” (pages 23, 22)
The IPC Made Six Recommendations, Detailed On Page 24 Of The Report. Recommendations Included: conducting a thorough privacy impact assessment on the electronic record system; removing generic computer names and passwords from the computer system; taking steps to ensure every access to the system includes a reason; instituting a system of regular random audits on the system; and improving training on privacy for staff, including regular messaging about the importance of keeping health records private. The BDHSSA accepted all of the recommendations in full.
Mr. Nadli.
Thank you, Mr. Speaker. I seek unanimous consent to waive Rule 93(4) and move Committee Report 9-17(5) into Committee of the Whole for consideration today. Mahsi.
---Unanimous consent granted
Thank you, Mr. Speaker. It gives me great pleasure to recognize the grades 5 and 6 Mildred Hall class and their teacher, Ms. Deb Horen. Before I introduce them all, I want to thank them for being extremely patient and well-behaved. I know how tough it is sitting here listening to us. It’s hard for us some days too. I’d like to quickly run through all their names and I’ll do my very best to pronounce them properly. I’d like to thank them all for coming again today. I’d like to acknowledge Alexis Head, Anna Washie, Arayah Hudson, Ashton Moss, Azeen Murtaza, Brooklyn Bertram, Carter Yakeleya, Chloe Houle, Cody Taylor, Damon Dwojak, Fabiha Zihan, Tyson Williah, Jason Nguyen, Jordan Balsillie, Joseph Nayally, Kelsy Nayally, Madeline Maguire, Maiya Klengenberg, Nathanya Liske, Odin Hall, Princess Duculan, Randy Porter, Riley McCullum, Riley Savoie, Royce Doolitttle, Ryan Lafferty, Shayla Huynh, Shelby Lafond, Yamozha Beaulieu and Nahlin Jack, as well as I would also like to thank Jean Maguire, who is their educational assistant, who is there today. If everyone can give a quick wave to the camera, and I’d like to say thanks very much for coming.
Ms. Bisaro.
Thank you, Mr. Speaker. I’m very pleased to have a Grade 6 social studies class from William McDonald School in Frame Lake. I’m pleased to welcome them here. I will ask them to rise so they can be recognized when I read their names, and I’ll do my best not to mispronounce. Ivan Ceria, Logan Clarke, Joshua Donison, Safiya Hashi, Dylan Heaton-Vecsei, Cace Heffernan, Ethan Kirizopoulus, Mia MacInnis, Riley Menard, Rae Panayi, Justin Powder, Nathan Shereni, Anusha Sivakumar, and they’re accompanied by their teacher, Melanie Parisella, and their executive assistant, Carolyn Sauvageau. Welcome to you all.
I also would like to welcome here this afternoon the chairs of the two Yellowknife school boards: Mr. John Stephenson, chair of Yellowknife Education District No. 1, and Mr. Simon Taylor, chair of the Yellowknife Catholic Schools Board, and the assistant superintendent for business from YCS, Mr. Mike Huvenaars. Welcome all. Thank you.
Thank you, Ms. Bisaro. Mr. Bromley.
Thank you, Mr. Speaker. I would also like to recognize all the students in the House today. It adds a certain energy to the room. I would also like to recognize that there are undoubtedly students from Weledeh, that’s the Old Town and Niven Lake and Ndilo and Detah. I certainly recognize Rae Panayi, a neighbour from down there in Peace River Flats. Welcome to the House. Mahsi.
Thank you, Mr. Bromley. Mr. Ramsay.
Thank you, Mr. Speaker. It’s great to see so many students here. I’d like to welcome them all to the Assembly today. I also wanted to recognize one of our Pages, Delaney Beaton, who is with us today. She’s a Grade 8 student at St. Joe’s. I’d like to thank her for her work and all the work that the Pages have put in for Members during these last two weeks. Thank you very much.
I also want to recognize both school board chairs: from YK1, John Stephenson; and from YCS, Simon Taylor. I know Mike Huvenaars, the assistant superintendent, is here as well. Welcome, folks. I know I have two schools in my riding of Kam Lake, two great schools: N.J. Macpherson and St. Joseph, so I’m glad to see the folks here today. Thank you.
Thank you, Mr. Ramsay. Mr. Dolynny.
Thank you, Mr. Speaker. I’d like to introduce to you and through you a number of people. Some of them have been introduced here today but I think I need to re-emphasize that. From Range Lake we have Mr. Mike Huvenaars, superintendent, and on the floor of the House here we have Page Sommer Snow, who is with us here. I would like to thank all the Pages. They have done a good job this week. Of course, our students, as indicated, our proceedings go a lot better with our students here in the gallery, and of course, our board chair is here with us today.
Thank you, Mr. Dolynny. I would like to recognize my two Pages that I have here this week from Sachs Harbour: Calysta Lucas-Kudlak and Cheyenne Gully. Travelling with them is Kim Lucas. Welcome to the House.
Thank you, Mr. Speaker. I rise today to acknowledge Susan Fleck. Susan, yesterday, was the recipient of the Premier’s Award for collaboration. Susan was part of the Wildlife Act Working Group. Susan Fleck is a part-time executive director with the Dehcho Land Use Planning Committee in Fort Providence.
Susan was the director of wildlife from December 2005 until September 2011, when she lived in Yellowknife.
Susan was very much involved with the ENR personnel working group that faced an immense challenge in dealing with the 2012 bison anthrax outbreak in the summer of 2012.
She traded 25 employees for 25 sled dogs when she moved to Fort Providence. I’d like to congratulate Susan today.
Thank you, Mr. Nadli. Mr. Moses.
Thank you, Mr. Speaker. I would like to recognize Ms. Margaret Miller, this year’s recipient of the Outstanding Volunteer Award for the elder category.
They say that time is the most precious thing we can give to others as we only have a set amount of it. If we give someone our time, we give away a little bit of our life that we’ll never get back. Giving our time is the simplest contribution we can make to help others and to make our community a better place.
Ms. Margaret Miller is one of the most dedicated and hardworking community members in Inuvik. It would be hard to find an organization, fundraiser or an event in town that she has not been a part of. Margaret has volunteered for the Great Northern Arts Festival, the Inuvik Food Bank, Santa’s Elves, and Arctic Paws, just to name a few.
May her example be an inspiration to others.
Thank you, Mr. Speaker. There has been a lot of debate around junior kindergarten and much of that has to do with funding or the apparent lack of funding that is provided to educational authorities to implement this new program. Most of this criticism was around the funding and, I believe, not the merits of junior kindergarten itself. Again, my questions today will be for the Minister of Education, Culture and Employment.
I think the burning question here today, and I think in the minds of many, is: Why did the Minister just not seek additional funding to pay for junior kindergarten?
Thank you, Mr. Dolynny. The Minister of Education, Culture and Employment, Mr. Lafferty.
Mahsi, Mr. Speaker. I guess simply put is that we don’t have the new funding available to us. I’ve been trying to get some actual numbers from Finance where our financial situation is and obviously we’re not in a positive in that regard. In a perfect world, obviously, we would be seeking additional funding, but since we don’t have that at this point, I had to work innovatively and creatively within our department, so that’s what we have done. We’ve reached out to the PTR that’s available to us. We’re still under our legislated level, so you’ll have to keep that in mind. We’re at that point.
I’m sure the Minister will receive more questions on this topic later today. I have heard the Minister say countless times, and many times, that the graduation rates in small communities have declined. This is a disturbing trend and I think everyone here is very concerned. All the more reason to avoid, in my humble opinion, diverting funding from K to 12 to junior kindergarten.
My question to the Minister of ECE is: How can graduation rates in these small communities be improved if ECE is just pulling away money from K to 12 and just putting it into junior kindergarten?
The Member for Inuvik congratulated 36 graduates, and that’s just one area that we should be proud of and we’ll continue to push that forward. An investment in JK is an investment in the K to 12 overall school system. That’s what we’re doing. Out of the $150 million that we distribute to the school boards, we’re using that funding to educate those individuals so that they can graduate and continue on to post-secondary.
Our research shows us that investment in early childhood of a child’s life has the greatest impact on their lifelong learning and part of their journey as children and grown-ups, and you know that 10 of our smallest communities do not have any education programming. Those are some of the investments that we’ll continue to do, and that means that parents who believe their children will benefit from quality programs for four-year-olds have no options. I believe we’re doing what we can to assist those individual communities.
I have listened carefully to the debate over the last few months and even today and have listened to constituents who are afraid that junior kindergarten will reduce the funding available to children with special needs especially requiring one-on-one attention.
My question to the Minister of ECE is as follows: Can you assure this House and the parents of the Northwest Territories that funding for students who require extraordinary assistance will not be affected through the implementation of junior kindergarten?
I can assure that will be the case. We’re inclusive schooling. The special needs that are provided to education authorities through what is called inclusive schooling and that funding will continue. We’re not touching the funding. We’re dealing with the PTR at this point to deal with the JK. Junior kindergarten implementation, obviously, will not take away from approximately $26 million in inclusive schooling funding that education authorities receive on an annual basis. The amount of inclusive requirement is the fact that it is set out in legislation, so we have to work with that as well. At the end of the day, we’re not even going near inclusive schooling on this particular subject, but we’re dealing with the PTR.
Thank you, Mr. Lafferty. Final, short supplementary.
Thank you, Mr. Speaker. My last question to the Minister of ECE is: In light of all the confusion around junior kindergarten and the strong reaction we are getting from both parents and school boards, would it not be wise just to wait one more year to implement junior kindergarten and that maybe we’ll have more money in place so that we can work out all these problems?
There has been a lot of debate going back and forth between myself and the school board chairs and the school boards across the Northwest Territories. We’ve met just as recently as last month and I did listen to the school board chairs. We are going to have over 600 individual students registered over the two-year timespan. The fact is that 23 communities are ready to take on the role of JK. At the same time, I’ve been making some amendments to our initial stand where I provided optional junior kindergarten. At the beginning it was mandatory and everybody had to do it, but after listening carefully to the Members, I have decided that it will be optional. At the same time, I’ve allowed half-time as well as an option. At the beginning, at the get-go it was full-time. In those two areas I’ve allowed some flexibility and we’re making some changes along the way.
Thank you, Mr. Lafferty. The Member for Hay River North, Mr. Bouchard.
Thank you, Mr. Speaker. I will continue the conversation and questions about junior kindergarten that my colleagues have been asking for the last couple of weeks. There’s a lot of frustration and it’s almost to the point where, you know, we’re very frustrated with the process. My questions for the Minister today are the pupil-teacher ratio that he indicates 16 to 1, is this a ratio that each school will be looked at independently or is he looking at the complete authority at a 16 to 1 ratio, because there’s a big discrepancy between the smaller centres and the larger centres in what the ratios are.
Is the Minister going to commit to doing the pupil-teacher ratio in every school?
Thank you, Mr. Bouchard. Minister of Education, Culture and Employment, Mr. Lafferty.
Mahsi, Mr. Speaker. We have to follow the act, as well, the Education Act, which does speak to territorial-wide PTR of 16 to 1. That’s the legislation level that we’re working with that’s before us. We’ll continue to work with the school boards at that level. Mahsi.
Mr. Speaker, that’s part of the difficulty and the fact that if you’re dealing with a small centre and you only have three or four students, then that ratio is thrown off completely in some of the bigger communities, Fort Smith and Hay River, for example, in the South Slave, where the ratios may be 25 or 30 to 1.
I’m just wondering if the Minister could look at individuals, especially on the implementation of junior kindergarten.
Mr. Speaker, I did commit to providing additional new money to those educational authorities that exceed 16 to 1. Those are areas that we’ll look at. Then again, we have to keep in mind the Education Act. It’s territorial-wide PTR and it is 16 to 1.
Yellowknife came at us with additional potential students projected, so we looked at that. Other community schools, other regions, those are discussions that we’ve had with them as well. Mahsi.
Again, the same question is the difficulty in the fact that when you have an authority, such as the South Slave District Authority, where there are small communities, large communities and medium-sized communities, those ratios are thrown off by some of the ratios in the smaller communities where there is maybe only three or four students to one teacher, whereas in the bigger centres you have 25 or 30 students. That 16 to 1, in theory, should be held accountable to every school, let’s say every local district education authority at least.
Is the Minister willing to look at that opportunity for the larger centres that have been thrown off by the smaller ratios?
