Debates of February 12, 2015 (day 58)

Topics
Statements

Prayer

Good afternoon, colleagues. Thank you to Ms. Brace and her grades 3 and 4 choir from Mildred Hall School for their wonderful rendition of O Canada.

Colleagues, today we celebrate the 50th Anniversary of the national flag of Canada. It was on February 15, 1965, that our iconic flag, with its distinctive red and white maple leaf design, first flew proudly on Parliament Hill in our nation’s capital. In 1996, February 15th was declared National Flag of Canada Day to mark the introduction of Canada’s national flag.

At its inauguration in 1965, the Speaker of the Senate declared, “The flag is the symbol of the nation’s unity, for it, beyond any doubt, represents all the citizens of Canada without distinction of race, language, belief or opinion.”

Since 1965, the flag, as a symbol of Canada, has become known the world over and is associated with the Canadian ideals of democracy, freedom and respect.

Maple trees are not common in this part of the country. However, we proudly fly our Canadian flags across the Northwest Territories as a symbol of unity with fellow Canadians across this country as well as those representing our country around the world.

Later this afternoon in the Great Hall of the Legislative Assembly, the Commissioner of the Northwest Territories, Mr. George Tuccaro, will host a reception marking the 50th anniversary of the Canadian flag. All Members of this House and all members of the public are invited to attend this celebration of our flag and the great country that it represents.

Please join me in celebrating the 50th anniversary of the national flag of Canada.

Ministers’ Statements

MINISTER'S STATEMENT 141-17(5): CANNOR TOURISM FUNDING

Mr. Speaker, the tourism industry offers opportunities for economic development throughout all regions of the Northwest Territories, and federal funding can support this growing and vibrant industry.

On February 9th, along with myself and Mr. Don Morin, chair of Northwest Territories Tourism, the federal Minister responsible for the Canadian Northern Economic Development Agency, the Honourable Leona Aglukkaq, announced a contribution of approximately $2.8 million to support tourism development in the Northwest Territories. The contribution includes just over $1.4 million for tourism projects supported by the Department of Industry, Tourism and Investment and $1.4 million in funding for NWT Tourism. These funds will be spent over the remaining current fiscal year and in 2015-2016.

The funding dedicated to Industry, Tourism and Investment’s tourism projects will include research, the development of a visitor exit survey, community tourism development and training activities.

There will be an emphasis on five communities with emerging tourism opportunities: Lutselk’e, Fort Resolution, Fort Simpson, Deline and Tuktoyaktuk.

I would like to thank these communities for their vision in pursuing tourism for economic development, the well-being of their residents, and cultural vibrancy. Funding will support baseline research to measure the impacts of these investments as well a series of initiatives to build community tourism capacity.

The investment in NWT Tourism will take place over the same time period. This funding will support the implementation of a two-year marketing plan to further promote the territory to target markets in Asia, Europe and North America. Marketing activities include advertising and promotions, attendance at trade shows, market research and the development of a five-year marketing strategy.

This strategy will respond to new opportunities such as the emerging market in China and other Asian nations. It will guide the annual marketing plans going forward. The overall goal of these activities is to increase the number of tourists visiting and spending money in the Northwest Territories.

I am pleased to share that Industry, Tourism and Investment will also be contributing funding to these two initiatives through existing tourism support programs. Our share includes $5.7 million for the ITI tourism projects and $1.4 million for NWT Tourism over two years, bringing the total investment announced by our two governments this week to approximately $10 million.

Mr. Speaker, the number of tourists discovering our spectacular territory continues to grow every year. Tourism brings around $130 million to the Northwest Territories each year and employs 2,500 people. To further grow this important sector, we need support, and the Department of Industry, Tourism and Investment welcomes and appreciates the investment of the Canadian Northern Economic Development Agency.

Once again we would like to thank the federal government for their continued support. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. The honourable Minister of Education, Culture and Employment, Mr. Lafferty.

MINISTER'S STATEMENT 142-17(5): EARLY CHILDHOOD DEVELOPMENT ACTION PLAN UPDATE: IPADS FOR NEW PARENTS AND A GRANT PROGRAM FOR EARLY CHILDHOOD WORKERS

Mr. Speaker, all children in the NWT deserve the best possible care, nurturing and support, so that they can develop physically, emotionally, socially, culturally and spiritually. When these supports are in place right from the start, children are more likely to grow up to become healthy, productive members of their communities and society.

The departments of Health and Social Services and Education, Culture and Employment continue to work in partnership to ensure that there is increased access and participation in early childhood programs, enhanced quality of early childhood services and improved integration and collaboration at all levels of the early childhood system. Achieving our vision and goals requires an effective, comprehensive and coordinated approach to improve early childhood developmental outcomes. Today I would like to update you on some of the achievements in our Right From The Start - Early Childhood Development Action Plan.

In December 2014, Education, Culture and Employment launched the Early Childhood Staff Grant program. This program supplements the traditionally low wages of the early childhood sector, to help attract new people and encourage them to further their post-secondary training. Making the field more attractive to trained people is critical, as the quality of early childhood programs is directly related to the number of years of training that staff have. To date, we have received more than 140 applications and the first payments will be made on February 13, 2015.

Mr. Speaker, we also successfully implemented another key action identified in the Early Childhood Education Action Plan. In January 2015, 10 successful applicants were awarded the first ever Right From The Start Early Childhood Development Scholarship. At $5,000 each, these scholarships will help our northern students to achieve their goals and complete their early childhood development post-secondary training, investments further benefitting our NWT children.

To support new parents and caregivers as they embark on the important journey of raising children, ECE will give them iPads filled with useful early childhood apps and resources. We know this generation of parents is much more technologically savvy, and we want to provide them with resources that will assist them in raising their children. Distributing the iPads will also give us an important opportunity to introduce new parents to early childhood staff and resources available in their communities. What better way for relationships to develop than learning about fun and relevant resources that benefit modern parents and caregivers as they are raising their children. These iPads are the techno “baby bags” of the future. I look forward to seeing how tradition combines with innovation to continue serving our children and families in the NWT.

Mr. Speaker, these are but a few of the commitments and innovations emerging out of the Right From The Start Framework and Action Plan very actively underway. These developing programs and services are streamlining and improving access for our families with young children and creating an understanding that investing in our youngest children is an investment in the future of the Northwest Territories. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. The honourable Minister of Justice, Mr. Ramsay.

MINISTER'S STATEMENT 143-17(5): CORRECTIONS ON-THE-LAND PROGRAMS

Mr. Speaker, in every community visit, when discussing corrections and justice issues, we hear that on-the-land programming helps people heal and reconnect to their culture and values. In the Department of Justice, we know this to be true. This type of programming has long been a cornerstone of programming in the NWT.

In the Assembly last year, I talked about work the department has undertaken to ensure inmates are receiving appropriate cultural and on-the-land programming while in NWT corrections facilities. Finding capable partners with the right kind of cultural knowledge and experience to deliver these programs is essential to their success.

Our first efforts to identify groups, elders and individuals who could help us deliver the Wilderness Program for low-risk offenders were met with limited response and we were unable to select any qualified contractors. The Department of Justice, however, remains committed to developing this programming and has been actively engaging communities to help identify potential operators.

We believe that significant community involvement is essential for an effective Wilderness Program. Over the last year, corrections service staff have talked with communities to ensure potential operators of on-the-land programs are aware of our interest and will be able to deliver these specialized corrections-based cultural programs. We are committed to building a program with significant community involvement.

Recently, an expression of interest was again publicly advertised. We also sent it directly to those who might be interested in partnering with us in this work. I am pleased to advise the responses are encouraging. Over the next several weeks, community partners who may be able to fulfill the program needs will be invited to come and have an open discussion with departmental staff. These discussions will ensure both the operators and staff have a strong mutual understanding of the Wilderness Program and associated requirements.

After these discussions, we hope potential applicants will have increased capacity to successfully respond to a request for proposals for the Wilderness Program early in the next fiscal year. Aligning the needs of the inmate population and the interests of the operators and staff is critical for the success of this unique program.

Mr. Speaker, in order for inmates to turn their lives around, we cannot underestimate the need for strong community partnerships, support of the corrections service and the willingness of inmates to participate in these on-the-land healing programs. We are working to be supportive and constructive as we build sustainable and effective programs in partnership with our communities. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. Honourable Premier, Mr. McLeod.

MINISTER'S STATEMENT 144-17(5): MINISTERS ABSENT FROM THE HOUSE

Mr. Speaker, I wish to advise Members that the Honourable Robert C. McLeod will be absent from the House today and Monday to participate in the Federal/Provincial/Territorial Ministers of Sport meeting and to cheer on Team NWT at the Canada Winter Games in Prince George, British Columbia.

Members’ Statements

MEMBER’S STATEMENT ON APPRECIATION FOR SERVICE SECTOR EMPLOYEES

Thank you, Mr. Speaker. I told my colleagues in the Regular Members’ Caucus this morning that I was going to title my Member’s statement today “The Butcher, the Baker, the Candlestick Maker.”

Mr. Speaker, we talk a lot about jobs in this House; we talk mostly about government jobs. And government jobs are wonderful for those who have them and those who aspire to have them, but our economy cannot function without the janitors, the room attendants, the servers, the cashiers, the gas station attendant.

When I left the building where I live this morning, I passed by the lady vacuuming the lobby. I took an extra effort to give her a warm greeting and a good morning. I know very well the importance of workers in the service sector and the importance to private small business that their dedicated and quality work brings to the operation of business that serves the needs of our communities.

I grew up in a small ma and pa business. I am the butcher’s daughter. My parents worked long days at the store. Our lives revolved around service to our loyal customers. My mother came home tired at night, often falling asleep at the supper table.

I want to say also, thankfully it was a grocery store, because they had enough food then to feed their five kids when they used the product that was past its prime and they couldn’t sell it anymore. We always joked about that because my brothers are over six feet tall, so it obviously didn’t hurt them.

My dad, 18 years ago tomorrow, coincidentally, I got the phone call that my dad had died of a sudden heart attack. I want to say today that he was my mentor, my idol, my hero, and every time there’s something to report, I miss still, to this day, being able to call him up and talk to him about it. So, he was a small business owner and he only had a Grade 3 education, but he was definitely the smartest man that I knew. He worked hard with integrity to support his family. He loved small business and he loved politics, and I’m so glad that on his last visit to the North, he had a chance to sit in this gallery 18 years ago and be recognized in this House.

But, Mr. Speaker, I’d like to send my respect out today to the hardworking people in the private sector serving the public. It’s honourable work and it’s integral work to the operation of our economy. There are lots of ma and pa businesses and lots of people working in the service sector in all of our communities and I think we should show them the gratitude and the appreciation that they all well deserve. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mrs. Groenewegen. Member for Frame Lake, Ms. Bisaro.

MEMBER'S STATEMENT ON EVALUATION OF DEVOLUTION LEGISLATION

Thank you, Mr. Speaker. On April 1, 2014, the NWT achieved our long sought after goal of devolution, and with devolution the GNWT accepted seven pieces of federal legislation as our own. We established NWT acts that mirrored the federal acts.

At the time many residents expressed concern about adopting these laws exactly as written by the federal government, unchanged and unevaluated. Many questioned when the legislation would be evaluated, when it would be amended to suit the NWT, our unique government and territory. We certainly heard a commitment from the Premier to review the seven pieces of devolution legislation. I think he was asked three or four times to make that commitment, but commit did, in keeping with the saying we heard many times last year that we would first devolve, then evolve. Consultation was promised and amendments seemingly forthcoming after that.

But the commitment was a hollow one, Mr. Speaker. To date there has been no indication that these seven acts will see an evolution anytime soon and the consultation has been minimal. There’s a link on the GNWT website which allows for residents to send in questions or comments about devolution, but nothing else that I’m aware of.

A far greater commitment to consultation and action is needed. We need a commitment to face-to-face consultation, a commitment to in-depth analysis of each one of the devolution bills to determine what amendments are needed, a commitment to bring amendments forward as soon as possible and a commitment to public hearings or forums so residents, NGOs and businesses can discuss these acts and the changes needed.

We Members know that there’s a long list of legislation, other than the devo bills, that needs updating, amending, or new laws that need to be built from scratch, and we know that the government has a priority list of what legislation should be tackled when. So, is there a schedule for consideration and revision of the legislation we inherited from Canada? We’ve not seen any evidence of that. We’re approaching the one year anniversary of devolution. I believe there should have been some action, some movement on this by now, yet there is not. Are we as a government concerned for the NWT and our environment, or are we happy to carry on, safe in a devolved territory, hanging on to the coattails of the federal legislation and willing to ignore the need for legislative change?

If we do care, effecting legislative change in the mirrored devolution legislation very soon will prove that to our people. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Ms. Bisaro. Member for Deh Cho, Mr. Nadli.

MEMBER'S STATEMENT ON SECURITY AT FORT PROVIDENCE SENIORS FACILITY

Thank you, Mr. Speaker. I know that we can all agree on the importance of elders and seniors in our communities and the importance of respecting our elders. We can show our respect in many different ways. We learn from the traditional knowledge and wisdom of our elders. We recognize their lessons about the land and its history. In our homes and in our families, we celebrate the role of grandparents, aunts, uncles and other role models in raising our children.

But today some of our seniors are at risk. Today I want to talk about the Deh Gah Gotie Senior Citizens Home in Fort Providence.

Community leaders have come to me with concerns about security and safety at this facility. I’ve been told that the RCMP don’t always respond to calls, and even the daytime staff and the nighttime live-in caregiver. These security issues are still affecting the health and safety of residents.

The band has been working with the government to address these problems. Over the holidays the band organized volunteers to visit with the residents and make sure they were not being bothered.

I’m looking forward to these issues being addressed in meetings between the Northwest Territories Housing Corporation and the RCMP. I’m also looking forward to the planned renovations of the Deh Gah Gotie Senior Citizens Home, to make sure our seniors have the quality care, support and housing that they deserve. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Nadli. Member for Weledeh, Mr. Bromley.

MEMBER'S STATEMENT ON EXPANDING RESOURCE ROYALTIES AND TAX REVENUES

Thank you, Mr. Speaker. I would like to follow up on my comments yesterday regarding our need for revenue to fund our programs. Some jurisdictions worldwide have done precisely what this government says is impossible. Deriving meaningful public benefits from their non-renewable resource extraction, they have built programs and heritage funds that are the envy of the world, through higher taxes and resource revenues, while pursuing progressive policies aimed at mitigating unintended, harmful effects of exploitation activities.

Norway is perhaps the best example we’ve all heard about. Thanks to resource revenue and taxation policies, they have a trillion dollar Heritage Fund to pass on to their children and to remove the “bust” from the “boom and bust” resource extraction economy we both share.

Contrast this with our neighbours to the south in Alberta, a population whose citizens have, in a sense, been subjected to a government-enabled corporate fleecing. Alberta’s Heritage Fund is just $16.6 billion and is only slightly larger than it was when it started in 1976.

Economic globalization has affected the current price of oil, which has them singing the blues, proposing to cut programs and discussing tax increases.

Norway, a progressive nation with smart taxes, sound early childhood and educational programs and a population that understands the benefits of paying taxes, is also an evidence-based country that recognizes its role as a global citizen. With recent science indicating we must move away from fossil fuels and leave them in the ground, they have chosen to divest their National Pension Fund of investments in 114 companies, including all coal mining operations and Alberta’s tar sands. They now regard these resources as liabilities, not assets, and judge “there to be high levels of uncertainty about the sustainability” of their business models.

Companies reliant on fossil fuels and those engaged in harming the environment are seen as morally opposite to Norway’s investment goals and representing an investment risk. Many companies will find themselves stranded in a world that does not want what they offer. Clearly, as our own Mark Carney has indicated, the smart money is moving away from the economy based on destructive fossil fuels.

The Minister of Finance has kindly committed to providing committee a discussion paper on revenue options, outlining in great detail, I’m sure, all the reasons it can’t be done. I would ask the Minister to show some rare leadership in Canada and include a “can do” discussion of Norway’s enlightened success.

Mr. Speaker, I seek unanimous consent to finish my statement. Mahsi.

---Unanimous consent granted

Mr. Speaker, I would ask the Minister to show some rare leadership in Canada and include a “can do” discussion of Norway’s enlightened success and how we can achieve the same benefits for the residents of the NWT. Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Bromley. Member for Hay River North, Mr. Bouchard.

MEMBER'S STATEMENT ON JUSTICE SERVICES IN THE SOUTH SLAVE REGION

Thank you, Mr. Speaker. It has been several years since Hay River has had a full-time resident judge and remand in its South Mackenzie Correctional Centre, SMCC. It was not too long ago that we had a full-time judge that lived in Hay River, that worked in Hay River and travelled around the South Slave doing work for Justice. Along with that judge came remand, inmates that were waiting on trial. Several years ago the Department of Justice, in their wisdom, decided to remove remand out of Hay River and centralize Yellowknife. We’re very concerned with this. There are a lot of extra costs for travel. We’re shipping inmates up to Yellowknife, waiting for their trials, holding them here in Yellowknife as opposed to closer to home and dealing with Justice in the territory, in the South Slave territory.

We have added pressure on our RCMP who have to travel with these inmates. We are concerned that the next step is to centralize everything back into Yellowknife with our justice system. We need to get back the justice system in the South Slave and in the Hay River area. I will have questions for the Minister of Justice on how we get back Hay River’s judge and the remand.

Speaker: MR. SPEAKER

Thank you, Mr. Bouchard. The Member for Inuvik Boot Lake, Mr. Moses.

MEMBER’S STATEMENT ON RECOGNITION OF 95TH BIRTHDAY OF ELIZABETH GREENLAND

Thank you, Mr. Speaker. I’d like to take the opportunity today to recognize a very special and iconic lady in the Beaufort-Delta region, Ms. Elizabeth Greenland. Elizabeth and her family have lived in the Inuvik region for years and they’ve contributed to making Inuvik what it is, have helped develop the traditional and the cultural ways of life, and continue to do that today. Ms. Elizabeth Greenland has demonstrated great wisdom, traditional knowledge, leadership, strength and guidance not only for her family but people in Inuvik and throughout the Beaufort-Delta. Her commitment to cultural and language conservation has been demonstrated within her own family where her own family speaks Gwich’in.

Ms. Elizabeth Greenland, I’ve known her for a very long time, and I’ve actually participated in one of her dance groups. She’s had dance groups for years and years over the years and these dance groups have performed at various functions in Inuvik and throughout the Northwest Territories. She has created a lot of great jiggers, two steppers as well as a lot of great square dancers. Yes, like myself.

On February 10th, Ms. Elizabeth Greenland and her family celebrated her 95th birthday.

Thank you, colleagues. On Friday, February 13th, the community of Inuvik will come together, and members of the Beaufort-Delta will join in celebrating her life and her legacy that she has left behind in Inuvik and throughout the Beaufort-Delta region, at Ingamo Hall with a feast and a dance starting at six o’clock. I invite all people in the Inuvik region who will be in Inuvik at that time to come, say thank you, shake her hand and tell her mahsi for all the work that she’s done for people of the North. I would like Members here to join me in congratulating Elizabeth and wishing her a very, very happy birthday.

Speaker: MR. SPEAKER

Thank you, Mr. Moses. The Member for Range Lake, Mr. Dolynny.

MEMBER’S STATEMENT ON 50th ANNIVERSARY OF THE NATIONAL FLAG OF CANADA

Thank you, Mr. Speaker. First of all, I’d like to thank Mildred Hall School choir for singing O Canada in the Chamber today, and I look forward to listening later in the Great Hall to the Yellowknife Choral Society’s rendition as well.

Mr. Speaker, as we heard from you, this Sunday, February 15th, will mark a unique day in our history. As mentioned, not only is this day our annual National Flag Day of Canada but it also represents an incredible milestone. Our flag is turning the big 5-0. It is without a doubt, our Canadian flag is an admired symbol that unites all Canadians from… [English translation not provided.]

It is recognized both at home and abroad representing a country of peace, prosperity and generosity of spirit.

I am happy to see in the House today that our NWT Legislative Assembly recognizes our national symbol of unity and keeps our annual tradition during our winter session.

With Valentine’s Day just the day before, I know there will be lots of love left spilling over for all Canadians to share in celebration.

Therefore, I want to wish all Range Lake residents, all Northerners, all Canadians a special National Flag Day this Sunday in celebration of our symbol of pride and what makes us truly unique around the globe. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Dolynny. The Member for Sahtu, Mr. Yakeleya.

MEMBER’S STATEMENT ON RESIDENTIAL SCHOOL LEGACY

Thank you, Mr. Speaker. My Member’s Statement has to deal with O Canada. Our darkest histories of dealing with Aboriginal people have been a struggle because of the experiences of dealing with the residential schools in Canada. Since the 1800s, Aboriginal people have been subject to injustice in all facets of life.

In the early 1900s, the establishment of residential schools were created in Canada. The goal of these residential schools was to eradicate a nation of people, everything about them. The storm of the residential schools certainly did a good job. They caused a lot of havoc in the lives of survivors, their families and the communities within the nation.

With the help of many good people and organizations, Canada was brought to a place of humility and apologized to the First Nations for their past wrongs. The Truth and Reconciliation Commission did a blanket-type of commission by honouring the survivors by giving them a voice and by listening to survivors’ stories across Canada.

I want to ask, has our government taken an inventory of the number of survivors in our communities, of my grandparents, my parents and people like myself who attended the residential schools? Has our government done an assessment of the residential school survivors in our communities, their health needs, their educational needs, their spiritual needs?

It is a fact that the Northwest Territories has the highest per capita of residential school survivors in Canada. There were almost 15,000 students, 25 residential schools that were opened and recognized by Canada and some not recognized by Canada in the Northwest Territories.

I will have questions for the Minister of Education, Culture and Employment at the appropriate time. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya. The Member for Yellowknife Centre, Mr. Hawkins.

MEMBER’S STATEMENT ON POPULATION GROWTH STRATEGY

Thank you, Mr. Speaker. Today I want to talk about our population in the Northwest Territories. As we all know, as the population continues to decline it puts downward pressure on all of our industries and downward pressure means higher cost of living.

When I look around the Northwest Territories, I see almost every one of our communities losing people. It’s better described in such a painful way as our communities are bleeding their population, which is the lifeblood of those communities. People enrich the lives of everyone in all these communities, both large and small. Not just economically, the jobs are very important, make no mistake, but the social vitality of new families and growth of the communities goes a long way, it keeps those communities alive. Like I say, the growing population in a community is the lifeblood of those communities.

I was looking at some of the statistics recently and I ran across the past 10 years. I saw the Beau-Del population shrink, I saw the Sahtu barely hold on to its population for the last 10 years by the skin of its teeth, I’ve seen the Sahtu’s population shrink and the Tlicho and the YK region barely grew marginally. Sadly, this is not positive news.

We need population growth in all of our territory in every corner of every community because that helps the whole territory. Yes, I am a Yellowknife MLA and I do welcome population growth here, but I also recognize how critical it is to the growth of every community that needs these people, these jobs, this vitality, this lifeblood.

I heard the budget address the other day by our Finance Minister. Only historians will be able to judge whether that was a great blueprint of excellence or was it a piece of art that will be shelved in the creative writing section next to the Brothers Grimm? We don’t know.

With his optimism of saying 2,000 people will be coming in two years last year, and now four this year, are we just adjusting the time schedule to finally meet the stats? Mr. Speaker, that reminds me of the rendition of when I played games with my kids and then they loose and they go, can we do it best out of three now, best out of five next, and we keep going. Is that how the government is measuring its statistics on its growth, by just continuing to move the time frame to say, well, we’ll meet that 2,000 growth population one day, some day?

The announcement the other day sounded really exciting, but we still need a blueprint to show where we’re going to gain traction. As I’ve said at the start, people are the lifeblood of our whole territory, and that’s critical that every community grows. We need to see a plan. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Hawkins. Item 4, reports of standing and special committees. Mr. Nadli.

Reports of Standing and Special Committees

COMMITTEE REPORT 10-17(5): REPORT ON THE REVIEW OF THE 2013-2014 ANNUAL REPORT OF THE INFORMATION AND PRIVACY COMMISSIONER OF THE NORTHWEST TERRITORIES

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2013-2014 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to this House.

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 or Commissioner), Ms. Elaine Keenan Bengts, 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 her to include recommendations for amending the legislation to improve the act’s efficiency and effectiveness.

The Standing Committee on Government Operations (SCOGO or the committee) conducted a review of the 2013-2014 Annual Report of the Information and Privacy Commissioner of the Northwest Territories, which was tabled in the Legislative Assembly on November 4, 2014, Tabled Document 173-17(5). This report summarizes that review.

Members would like to thank Ms. Keenan Bengts for her report and for her appearance before the committee at the public review held on January 16, 2015. 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. Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Nadli. Ms. Bisaro.

Thank you, Mr. Speaker.

The Information and Privacy Commissioner often chooses to highlight topical aspects of her work in her annual Commissioner’s Message. This year the Information and Privacy Commissioner pointed out that the 2013-2014 Annual Report marks the 17th year since the ATIPP Act came into force in the Northwest Territories. The committee takes note of the observations made by the Information and Privacy Commissioner in her Commissioner’s Message, in which she discusses how much has changed in the intervening years. She notes that the public is becoming more aware of matters relating to access to information and protection of privacy and, as a consequence, are increasingly demanding that governments protect individual privacy and account for their actions through access to information.

In 2013-2014 the Commissioner opened 30 new files, up from 16 in 2011-2012 and 27 in 2010-2011. Of the 30 new files, 12 were requests for review relating to access to information matters, nine dealt with breach of privacy issues and four were privacy complaints relating to the private sector. The Information and Privacy Commissioner noted that she “was pleased to see two breach notifications during the fiscal year in which a public body discovered a potential breach of privacy and reported it to [her] office proactively.” Each of the remaining three new files was reported as the only item in its category: Request for review - fee assessment, Request for comment, and Administrative, respectively.

The Information and Privacy Commissioner dealt with seven public bodies over the year, as compared with 14 over the previous year. Departments with the most frequent files were Human Resources, seven; Transportation, six; and Justice, four.

In her report the IPC devotes significant attention to summarizing the cases for which she issued “Review Recommendations” over the course of the fiscal year (pages 18-34, inclusively). The committee encourages any members of the public who have an interest in this aspect of governance, to take some time to review the IPC’s annual report. The report provides the reader with interesting insight into the work of the office of the Information and Privacy Commissioner and the challenges faced by the Government of the Northwest Territories in discharging its responsibilities under the act.

Of the nine cases resulting in rulings from the IPC, eight included recommendations. Of these, the recommendations of the IPC were fully accepted in six cases and partially accepted in the remaining two cases. In the other case, the complaint was found to have no grounds; therefore, no recommendations were made.

As already noted, the Information and Privacy Commissioner is authorized to make recommendations for legislative change. This year the Commissioner highlighted three legislative issues.

With the passage of the Health Information Act in 2014, the Information and Privacy Commissioner notes that much work will need to be done by the GNWT to implement the legislation. This includes educating health care workers and ensuring that the appropriate policies and procedures are in place in advance of implementation, so that health care workers know and understand their responsibilities for collecting, using and disposing of information under the act. A great deal of work also needs to be done to ensure that members of the public understand their rights and know how their personal health information will be managed under the act.

Access and Privacy Impact Assessments for New Initiatives (Access and Privacy by Design)

The Information and Privacy Commissioner discussed with the committee her increasing frustration that she is not consulted or asked for input in the initial planning stages when legislation, policies and programs are being designed. It has been her observation that government overlooks consideration of the impact that new initiatives may have on the right to access information and the privacy of the individual. The Information and Privacy Commissioner cites many recent examples of GNWT legislative, policy and program initiatives which might have benefitted from her input if she had been invited to provide it during the design phase. The Information and Privacy Commissioner also correctly notes that public bodies may choose to disregard her suggestions and suggests that they cannot benefit from advice that is not provided.

Mr. Speaker, I would like to turn the reading of the report over to my colleague Mr. Yakeleya. Thank you.

Speaker: MR. SPEAKER

Thank you, Ms. Bisaro. Mr. Yakeleya.

Thank you, Mr. Speaker. Thanks, Ms. Bisaro.

ATIPP Legislation for Municipalities

The Information and Privacy Commissioner has repeatedly recommended that the GNWT complete the work necessary to establish legislation governing the collection, use and disposal of information by municipalities. This recommendation is reiterated again in the Information and Privacy Commissioner’s 2013-2014 Annual Report, along with a notation indicating that the Information and Privacy Commissioner looks forward to providing input on a discussion paper being prepared on this matter by Municipal and Community Affairs.