Mr. Speaker, on Saturday it was a very special day for a graduating class of Samuel Hearne Secondary School. Every year we have graduation ceremonies all across the Northwest Territories, but what makes this one extra special is it is the final graduation class of Samuel Hearne Secondary School, which is slated for demolition later on this summer.
Of the two schools we have in Inuvik, SAMS, was built, I believe, around 1959, and Samuel Hearne was about 1967. They are a significant part of the history of Inuvik. As a kid going to SAM School, which only went up to Grade 6, you couldn’t wait to get to Grade 6 so you can move over to the big school in Grade 7.
We had a lot of history in this school, as I said, and many friends that we met in the schools that we still call friends today. We were fortunate, we had people from all over the Beaufort-Delta, from the Sahtu, we had a number of people from Nunavut that went through the schools there, and a lot of them we still know quite well today. Five Members of this Assembly, I think, have gone to Samuel Hearne: Mr. Blake, Mr. Yakeleya, Mr. Moses, Mr. Jacobson and myself. Our two Pages are both from Samuel Hearne.
There’s a lot of history that will be gone there. That part of that is over and starting next year we’ll start a new era in the educational history of the children of Inuvik. We’re looking forward to seeing all these children go through our education system and someday they can be in this Assembly talking about the number of classmates and friends that they’ve had in the new school.
I want to take this opportunity to wish all the graduating class, the historical graduating class of 2012, Amy and the rest of her classmates, congratulations and nothing but the best as you go forward. Thank you.
Thank you, Mr. McLeod. Item 4, reports of standing and special committees. Mr. Nadli.
Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report of the Review of the 2010-2011 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to this House.
The Standing Committee on Government Operations has reviewed the 2010-2011 Annual Report of the Information and Privacy Commissioner of the Northwest Territories. Members would like to thank Ms. Elaine Keenan Bengts for the report and for her appearance before the committee on February 14, 2012.
The Information and Privacy Commissioner is an independent officer of the Legislative Assembly whose primarily role is to review and write recommendations on public bodies decisions related to the NWT Access to Information and Protection of Privacy Act. The Access to Information and Protection of Privacy Act requires that public bodies demonstrate their accountability by making information accessible to the public while at the same time protecting the privacy of individuals. Seven review recommendations are summarized in this year’s report. In most cases the public bodies concerned accepted the Commissioner’s recommendations.
The Commissioner’s past reports have also included recommendations to departments for changes to improve the administration of the Access to Information and Protection of Privacy Act. This year the Commissioner noted with frustration that most of the recommendations from previous years remained largely unaddressed. She, therefore, did not make new recommendations for legislative or administrative changes, but instead, listed those previous recommendations she considers most important.
The standing committee is seriously concerned about the government’s lack of action on the recommendations of the Information and Privacy Commissioner and the previous standing committee for improving access to information and protection of privacy in the Northwest Territories. The committee prioritized several of these recommendations in discussion with the Commissioner and is pleased to bring them forward to this Assembly.
Now I will pass it over to the deputy chair, Ms. Bisaro.
Thank you, Mr. Nadli. Ms. Bisaro.
Thank you, Mr. Speaker.
In the public review, the Information and Privacy Commissioner identified her long-standing recommendation for municipal access to information and protection of privacy legislation as her first priority. The standing committee ranks this recommendation first on its list of legislative changes for government consideration.
As the Commissioner notes, the three northern territories are the only Canadian jurisdictions which do not have information and privacy legislation for municipalities. The Commissioner is receiving increasing numbers of inquiries from people who are concerned because a municipal authority has improperly collected, used or disclosed personal information. Municipalities, especially the tax-based communities, collect and retain significant amounts of personal information about citizens and employees. There is no recourse for citizens when this information is improperly used nor are there any rules governing citizens’ access to municipal information.
One method of regulating access to municipal government information and protection of privacy is to include local governments among the public bodies governed by the ATIPP Act. Freestanding access and privacy legislation for municipalities is another option for consideration. Both of these mechanisms are used in other jurisdictions. For example, local government bodies are included in Newfoundland and Labrador’s general access/privacy legislation and defined to include specific municipalities, while Ontario has a freestanding Municipal Freedom of Information and Protection of Privacy Act.
Previous standing committees have supported the recommendation to make municipalities subject to access and privacy legislation. The government’s February 2011 response to the 16th Assembly’s Standing Committee on Government Operations supported the recommendation in principle and acknowledged the importance of the issue. Nevertheless, despite the government’s 2008 and 2009 commitments to identify options and develop a work plan, no work plan was advanced on this initiative during the 16th Assembly.
The Department of Municipal and Community Affairs (MACA) cited implantation issues identified by community governments including capacity, cost and training as factors in its delay in moving forward with this recommendation. The committee notes, however, that the NWT Association of Communities has a standing policy on access to information and protection of privacy which supports the Information and Privacy Commissioner’s recommendation to the extent of urging MACA to prepare a discussion paper and commence consultation with stakeholders.
The committee understands that small communities may not have the resources needed to implement access and privacy measures. At the public review, the Commissioner suggested that legislation be developed at least for tax-based municipalities. The committee concurs.
Members also understand that MACA has had limited resources in past years to undertake the necessary work. The standing committee maintains that it is time the government made this recommendation a legislative priority and found the resources to act on it.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories implement access and privacy legislation for municipalities in consultation with stakeholders and bring forward a bill during the first two years of this Assembly.
Health records are among the most sensitive types of personal information held by public bodies. The Department of Health and Social Services or regional health authorities were involved in seven of the 20 new access and privacy review requests that the Commissioner received in 2010-11, mainly complaints of breach of privacy.
The committee learned that the Commissioner is currently conducting a systemic review of the Yellowknife Primary Care Centre, or super clinic, which is her first review of this type. The Commissioner noted that patient information in this type of clinic is accessible based on staff roles – receptionist, nurse practitioner, laboratory technical, doctor. But that she is finding the amount of information accessible to all staff is significant.
Members also heard from the Commissioner that implementation of electronic medical records is advancing and the lack of legislation governing health information is a concern. In the Commissioner’s view, patient control over health information is paramount. In the Commissioner’s words, “information should follow the patient, but people should know where their information goes.” The committee concurs.
Work on Northwest Territories health privacy legislation has been underway for the past three years. The new Health Information Act will establish a framework for the collection, use, disclosure of and access to personal health information. It is anticipated that the Information and Privacy Commissioner will be given oversight functions under this new legislation.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories complete work on the new Health Information Act, taking into account consultation with the Information and Privacy Commissioner and the principle of patient control over patient information, and bring forward a bill within the first two years of this Legislative Assembly.
Now, Mr. Speaker, I will pass the reading of the report to my colleague Mr. Dolynny.
Thank you, Ms. Bisaro. Mr. Dolynny.
Thank you, Mr. Speaker, and thank you to my previous colleagues.
As in her 2008-09 and 2009-10 reports, the Information and Privacy Commissioner recommended a general review of the ATIPP Act in this report. The 16th Legislative Assembly passed Motion 8-16(6) on May 18, 2011, in support of a review. That motion, moved by the Member for Nahendeh, read in part:
“Now therefore I move, seconded by the honourable Member for Yellowknife Centre, that this Legislative Assembly strongly recommends the Government of the Northwest Territories undertake a comprehensive review of the Access to Information and Protection Privacy Act, including an examination of access and privacy legislation in other Canadian jurisdictions and all past recommendations of the Information and Privacy Commissioner, and bring forward a bill during the first two years of the 17th Assembly.”
The government’s response to Motion 8-16(6) states that the Government of the Northwest Territories’ (GNWT’s) access to privacy office, within the Department of Justice, with one dedicated position, is tasked with researching, developing and implementing a wide range of policy tools and best practices. It was suggested that addressing these issues through the use of policy guidelines rather than legislation allows the GNWT to respond more flexibly to technological change.
While the committee understands the advantages of policy in responding to the rapidly changing environment, the ATIPP Act came into force more than 15 years ago. In several Canadian jurisdictions, access and privacy laws contain clauses requiring a review at a specific time (example: Nova Scotia) or at regular intervals (example: Newfoundland and Labrador at five-year intervals). There is no similar review clause for the Northwest Territories legislation.
The committee believes it’s time for a thorough review, not only to ensure the act remains current and relevant, but also address outstanding issues that have arisen in practice as the act is implemented.
As noted in Motion 8-16(6), a complete review of the act will provide opportunity to reconsider all the Information and Privacy Commissioner’s previous recommendations, recently amended access to information and privacy legislation in other Canadian jurisdictions, as well as changes in information and communications technology.
A complete review of the act will also provide an opportunity for the review of the role and powers of the Information and Privacy Commissioner. Consideration should be given, in particular, to empowering the Commissioner to make recommendations that are binding on public bodies, following her review of complaints related to the decision on access and privacy.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories undertake a comprehensive review of the Access to Information and Protection of Privacy Act and the roles and power of the Information and Privacy Commissioner and bring forward a bill during the first two years of this Assembly.
A comprehensive review should, as well, address two other previous recommendations highlighted in the Commissioner’s 2010-2011 report, namely: a review of the fee structure attached to the request for information under the act for clarity of wording, consistency of application, and the cost for individuals compared to other Canadian jurisdictions; and the inclusion of a provision in the act which would give the Information and Privacy Commissioner the discretion to expand the limitation period for seeking a review of the access to information request.
The committee strongly agrees with another Commissioner’s outstanding recommendations, 5. c), that “more must be done to educate our children and provide them with the knowledge they need to protect themselves while they work in the wired world.” Training on on-line privacy risks, including but not limited to, predators, phishing, scams and identity theft should be added to the Northwest Territories school curriculum starting in Grade 1.
The Standing Committee on Government Operations recommends the Department of Education, Culture and Employment develop curriculum for Grades 1 to 12 regarding the protection of privacy in the on-line environment, in consultation with the Information and Privacy Commissioner for implementation in the fall of 2014-15.
The 16th Assembly’s Standing Committee on Government Operations supported many of the Information and Privacy Commissioner’s recommendations for legislative change and other government actions to improve access to information and protection of privacy in the Northwest Territories, through committee reports and motions in the House. The present committee respectfully requests a report by government on all the committee recommendations presented in the House between 2008 and 2012 pursuant to the committee’s annual review of the Information and Privacy Commissioner’s report; progress on the part of government in addressing each of these recommendations and what the government intends to do in 2012-2013 and subsequent years to implement recommendations that remain unaddressed.
The Standing Committee on Government Operations recommends the Government of the Northwest Territories provide a progress report and implementation plan for the committee’s recommendations concerning access to information and protection of privacy presented in the House between 2008 and May and June 2012, before the fall 2012 session of the Legislative Assembly.
Mr. Speaker, I now recommend that we go back to the committee chair, Mr. Nadli.
Thank you, Mr. Dolynny. Mr. Nadli
Thank you, Mr. Speaker.
The Standing Committee on Government Operations respects and appreciates Ms. Elaine Keenan Bengts’ work to implement and improve access to information and protection of privacy in the Northwest Territories. The committee looks forward to real progress in this field over the course of the 17th Assembly.
The Standing Committee on Government Operations recommends the Government of the Northwest Territories provide a comprehensive response to this report within 120 days.
Thank you, Mr. Nadli. The motion is nondebatable.
Question.
Question has been called. The motion is carried.
---Carried
Mr. Nadli.
Mr. Speaker, the Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2010-2011 Northwest Territories Human Rights Commission Annual Report and commends it to this House.
The Standing Committee on Government Operations has completed its review of the 2010-2011 Northwest Territories Human Rights Commission Annual Report. The committee would like to thank Ms. Mary Pat Short, chair of the NWT Human Rights Commission, and Ms. Therese Boullard, director of human rights, for their appearance before the committee on February 13, 2012, on the 2010-2011 annual report.
Mary Pat Short of Fort Smith, Rita Mueller from Behchoko, Roger Wah-Shee from Yellowknife, Yacub Adam from Yellowknife and William Turner from Yellowknife were members of the commission during the year. The standing committee observed that one membership has been revoked, while the terms of three of the four remaining members conclude on June 30, 2012.
In 2010-2011 the director of human rights received 352 inquiries, about half of which originated in Yellowknife. There were 22 new complaints of discrimination on grounds prohibited under the Northwest Territories Human Rights Act. Nearly three-quarters of new complaints alleged discrimination in employment. Disability had the highest number of complaints – nine – as it has been for the last six years.
The standing committee is deeply concerned with the high number of complaints of discrimination on grounds of disability. The committee appreciates the Human Rights Commissions’ work to educate the public on the rights of persons with disabilities, including a new brochure on Human Rights and Disabilities and a workshop for employers on their duty to accommodate. The committee believes that the Government of the Northwest Territories should lead by example in following the act and recognizing the human rights of persons with disabilities.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories continue its efforts to recruit and accommodate workers with disabilities in the public service and report on these efforts to this House within 120 days.
The Human Rights Commission received a 2010-2011 base funding increase of $50,000 to launch a multi-year pilot project in which it became a party to all complaints referred for hearings to the separate and independent NWT Human Rights Adjudication Panel. There are few inexpensive legal supports in the NWT for human rights complainants going forward to hearings. The purpose of the pilot project is to ease the burden on self-represented parties by ensuring that all relevant information is before the adjudicator. The standing committee commends the commission on its pilot project, which will assist in the fair and effective administration of the act, and supports its continued funding.
During the public hearing, the committee learned that an increase in inquiries from communities follows commission visits. The standing committee strongly supports the NWT Human Rights Commission’s plans for informing more NWT residents of their rights and responsibilities in 2011-2012, especially residents of smaller communities. The commission planned visits to Norman Wells, Deline, Paulatuk, Behchoko, Lutselk’e and Fort Smith during the 2011-2012 year. The standing committee urges the commission to visit as many communities as possible each year, and to expand its workshop offerings to smaller communities as well as regional centres.
The committee also heard, with interest, that the commission will establish a “teachers’ corner” on its website. The Human Rights Commission has done a great deal of work to develop a Social Studies Curriculum Guide and learning activities to accompany the publication “Know Your Rights.” The standing committee is pleased that these resources will be made available on-line, and encourages the commission to maintain and expand its presence on the Internet and in social media in all official languages in future years.
The standing committee applauds the Human Rights Commission’s 2010-2011 report and looks forward to progress toward its vision of “a North at peace with its diversity where everyone is safe, confident and respected on their journey.”
Thank you, Mr. Nadli. The motion is on the floor. The motion is in order.
Question.
---Carried
Committee Report 2-17(3) is moved into Committee of the Whole.
Thank you, Mr. Speaker. It’s my pleasure today to recognize Grade 6 students in the gallery today along with their chaperones and teachers. Two of the teachers I’d like to recognize are Mrs. Rita Moizis, Ms. Jennifer Tweedie, and students – and bear with me, colleagues, as we go through these names quickly, and students can stand – Austin Cayen, Braiden Charlton, Jason Griffiths, Jarret Larkin, Sylvia Lockhart, Mackenzie Mandeville, Elizabeth Nimegeers, Jasmine Norn, Kenneth O’Connor-Moran, Davida Patterson, Jeramiah Pierre, Sonia Roach, Jayda Sabourin, Sean Smith, Ethan Walsh, Abby Webster, Megan Wood and James Beaulieu. Welcome. Thank you.
Thank you, Mrs. Groenewegen. Mr. Bouchard.
Thank you, Mr. Speaker. I’d like to welcome Grade 6 from Hay River as well. I have the rest of the list: Angela Boutilier, Ally Carston, Marisa Carter, Michaela Crook, Fiona Huang, Aimee Jacobs, Gabrielle Kirby, Shelby Lawrence, Madison Loutit, Aaron Mackie, Taylor Maurice, Savanna Moore, Shania Pierre, Donny Seaton, Nicholas Smallgeese, Tyrell Wilgosh. Also three chaperones: Mr. Mike Wilgosh, Mrs. Tara Kirby and Mr. Jamie Smith. Thank you.
Thank you, Mr. Speaker, for joining us today at lunch and thank you for all the organizing to help with the event for the Grade 6 class.
Thank you, Mr. Bouchard. It was my pleasure. Mr. Dolynny.
Thank you, Mr. Speaker. It gives me a great pleasure and honour to welcome a number of my family members who are here this weekend to celebrate my son’s Grade 12 graduation. We have the matriarch of the Dolynny clan, my mother, Mrs. Vivian Dolynny; my younger brother, Mr. Stacy Dolynny from Sherwood Park, Alberta; the cute one next to him is my little niece Alexia; her big brother, Logan Dolynny; behind my mother is my sister-in-law who is here from Grande Prairie, Alberta, Darcy Zackowski; sitting next to her is my father-in-law, Mr. Grant Zackowski; the cute one at the top is Mr. Matthew Zackowski; and I’d be remiss, Mr. Speaker, if I didn’t give great homage to my lovely and gorgeous wife, Cindy Dolynny.
Thank you, Mr. Dolynny. Ms. Bisaro.
Thank you, Mr. Speaker. I’m pleased to welcome two representatives from the Status of Women Council for the NWT, Ms. Lorraine Phaneuf and Ms. Annemieke Mulders. Welcome to the House, everyone.
Thank you, Ms. Bisaro. Mr. Lafferty.
Mahsi, Mr. Speaker. I’d also like to recognize the students who are with us today from Princess Alexandra from Hay River. It’s always great to have students in the gallery. There are 35 students, three chaperones and two teachers. Welcome. Enjoy the gallery.
Thank you, Mr. Lafferty. Mr. McLeod.
Mr. Speaker, I’d like to recognize two Pages we have in the gallery today from Inuvik, Ms. Angie Edwards and Ms. Tamara Gordon, along with their chaperone and my constituency assistant, Ms. Leah Ipana. Welcome to the Assembly.
Thank you, Mr. McLeod. Mr. Hawkins.
Thank you, Mr. Speaker. I’d like to recognize two constituents in the gallery today as mentioned earlier, Lorraine Phaneuf and Annemieke Mulders, both with the Status of Women. This time, too, Mr. Speaker, I’d like to use this opportunity to recognize the Hay River Grade 6 class. I’ve not seen a better behaved or better dressed group of students in a long time. I think that should be recognized. Lastly, I too would like to acknowledge my colleague Daryl Dolynny’s family who are here for the graduation of his son, Tanner Dolynny. By the way, he’s valedictorian this weekend, so congratulations.
Thank you, Mr. Hawkins. I would like to welcome all visitors here in the public gallery. Thank you for taking an interest in our proceedings here today. For the Grade 6 students, we had a really good lunch. I enjoyed your company. Safe travels home today and don’t spend all your money at Wal-Mart.
Thank you, Mr. Speaker. My questions follow up on my Member’s statement today and it is about the commercial fishing industry on Great Slave Lake.
Mr. Speaker, I have stood to speak of this many times in this House, but it’s time for some innovative and creative action on the revitalization of this fishery. I would like to ask the Minister responsible if the department could take action to bring some new blood into this fishery. Thank you, Mr. Speaker.
Thank you, Mrs. Groenewegen. The honourable Minister of Industry, Tourism and Investment, Mr. Ramsay.
Thank you, Mr. Speaker. The fishery on Great Slave Lake is primarily an export fishery where the prices and the majority of costs are determined according to global markets and circumstance. Certainly with the advance of the Canadian dollar and the global economic downturn in 2009, we’ve seen a decline in fish sales to the U.S., which is predominantly, I believe, 60 percent of the Freshwater Fish Marketing Corporation’s audience or market, is in the United States. It makes up 60 percent. The FFMC has seen a 30 percent reduction in sales since 2009, so those are issues that are outside of our control, but I understand what the Member is saying about other opportunities. Thank you.
Thank you, Mr. Speaker. There are so many opportunities to market our fish outside the Freshwater Fish Marketing Corporation and as the Minister knows, just about every other jurisdiction in Canada has now left the Freshwater Fish Marketing Corporation. They mishandled their opportunity to market fish on behalf of the freshwater fishers in this country and in Manitoba, Saskatchewan and the Northwest Territories. In my opinion they did not do a good job. We could market all the fish from Great Slave Lake to one desk, to one buyer to be distributed, but our government has never taken on the initiative to do that. We need to help the fishermen. The fishermen are doing the best they can but when asked if they want to leave Freshwater, when they’re not being presented with another alternative that would give them any kind of comfort or confidence that their fish would have a market to go to. Why can this government not find a market on our own outside of Freshwater so that our fishermen have a market for the product that they could develop here?
The reality is the fishermen remain in Freshwater Fish Marketing Corporation and involved in that organization. As a government, the Government of the Northwest Territories has been supporting the commercial fishing industry in the Northwest Territories for well over 30 years. We provide money on an annual basis to operate and maintain an office in Hay River. We have a $225,000 support on an annual basis to help fishermen in the territory. In response to the decline in marketing initiatives and sales, we’ve also come up with $550,000 to help support local fish and meat processing in the Northwest Territories so that more fish can get into local markets around the NWT.
I have the greatest respect for the commercial fishers that are out there on this lake trying to carve out a living commercial fishing, but the fact is there’s only a handful of them and there’s two million pounds of fish could be taken from that lake on a sustainable basis. I know about the Take a Kid Trapping but what about take a kid fishing? What is this government doing to create interest in that commercial fishery as an industry and to get more people involved in that industry as fishers, if not from the North then from other places?
Certainly there would be other markets out there, but today those fish are being marketed by FFMC. The Member is correct; 90 percent of the fish being marketed by that organization today come from Manitoba. Northern Ontario and Saskatchewan just recently pulled out in April. There are going to need to be some decisions made here as we go forward to help support and market fish that are caught commercially here in the Northwest Territories.
Thank you, Mr. Ramsay. Final, short supplementary, Mrs. Groenewegen.
Thank you, Mr. Speaker. We had a comprehensive plan to revitalize the commercial fishing industry. It is an industry that is here on our doorstep. It is renewable. It is sustainable. We need to get more people involved. We need to find a better market. Will the Minister commit to undertaking an initiative to see that happen within his department?
The goal of this government is to diversify the economy here in the Northwest Territories. Certainly we’re going to take every opportunity to do that. I’d be more than happy to work with Regular Members to look at commercial fishing here in the NWT to see what we can do. If we can do things differently and make a difference and grow that industry here in the Northwest Territories, that’s something I’m interested in. I know there’s a number of Members across the floor that are interested in doing that. We can put our best effort into that.
Thank you, Mr. Ramsay. The honourable Member for Yellowknife Centre, Mr. Hawkins.
