Debates of May 29, 2019 (day 76)

Okay. We will proceed in groups of five. Committee, we will defer Bill 29 and title until after consideration of the clauses. As said, we will do groups of five. Please turn to page 1 of the bill. Clauses 1 to 5?

---Clauses 1 through 16 inclusive approved

Clause 17?

Speaker: SOME HON. MEMBERS

Agreed.

Mr. Testart.

Committee Motion 134-18(3): Bill 29: An Act to Amend the Access to Information and Protection of Privacy Act – Amendment to Clause 17 - Deleting proposed clause 24.1 and substitution, Carried

Thank you, Mr. Chair. I move that Clause 17 of Bill 29 be amended by deleting "proposed clause to 24.1" and substituting the following:

"24.1(1) subject to subsection (2), the head of a public body shall refuse to disclose to an applicant labour relations information

the disclosure of which could reasonably be expected to reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer, or other person or body appointed to resolve or inquire into a labour relations matter, including information or records prepared by or for the public body in contemplation of litigation or arbitration or in contemplation of a settlement offer;

that is prepared or supplied, implicitly or explicitly, in confidence, and is treated consistently as confidential information by the public body as the employer; and

that could reasonably be expected to

harm the competitive position of the public body as an employer,

interfere with the negotiating position of the public body as an employer, or

result in significant financial loss or gain to the public body as an employer.

(2) Notwithstanding subsection (1), the head of a public body shall disclose to an applicant who is a party to a labour relations matter any relevant information that the party would otherwise be entitled to receive in respect of the matter." Thank you, Mr. Chair.

Thank you, Mr. Testart. A motion has been made. The motion is being distributed. The motion is in order. To the motion. Mr. Testart.

Thank you, Mr. Chair. I have some written comments here, because this motion is quite complicated. Mr. Chair, clause 17 of Bill 29 proposes to add a provision requiring that, where someone makes an access-to-information request, the head of a public body must refuse to disclose labour relations information that could reveal information supplied to or the report of an arbitrator, mediator, labour relations officer, or other person dealing with a labour relations matter. The committee was concerned that the provision, as written in the bill, did not provide clear enough direction on what constitutes "labour relations information." The committee was also concerned that the provision in the bill was too broad and could potentially exempt from disclosure a significant amount of information that would otherwise be available to an applicant. As such, the committee sought to narrow this provision so as to limit the exemption to a much narrower category of information.

Both the Department of Justice's legislative drafters and the committee's law clerk proposed motions to address this concern. The motion before us today is the result of a compromise reached on these earlier drafts. It specifies, as did the original clause in the bill, that the head of a public body shall refuse to disclose labour relations information that could reveal information supplied to or the report of an arbitrator, mediator, labour relations officer, or other person dealing with a labour relations matter, but it further specifies that this includes information or records prepared by the public body in contemplation of litigation, arbitration, or a settlement offer. It also specifies that this further includes labour relations information that was developed in confidence by the public body, as an employer, and has been treated consistently as confidential information.

Another notable feature of this motion is that, to be protected from disclosure, labour relations information must also meet the following test: that it could harm the competitive position of the public body as an employer; that it could interfere with the negotiating position of a public body as an employer; or that it could result in significant financial loss or gain to the public body as an employer.

Finally, Mr. Chair, the motion adds a subsection to the provision which provides that, notwithstanding the protections set out above, an applicant who is party to a labour relations matter must have access to any relevant information that the party would otherwise be entitled to receive with respect to the matter at hand.

The committee believes that this revised motion provides enough direction to strike an appropriate balance between privacy and access to labour relations information, such that highly confidential and personal labour relations-related information is only disclosed to parties with a direct interest in a labour relations matter, while ensuring that broader types of labour relations information must only be withheld by public bodies where there is a risk of harm.

The committee, again, thanks the Minister and his Cabinet colleagues for their support in amending Bill 29. Thank you, Mr. Chair.

Thank you, Mr. Testart. Minister Sebert.

Louis Sebert

Thebacha

Thank you, Mr. Chair. As has been mentioned, this is a compromise. A lot of work did go into this, and we will be supporting this motion. Thank you.

Thank you, Minister Sebert. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? Abstentions?

---Carried

Clause 17, as amended.

Speaker: SOME HON. MEMBERS

Agreed.

---Clauses 18 through 40 inclusive, approved

We will now return to Bill 29, an Act to Amend the Access to Information and Protection of Privacy Act. Mr. Testart.

Thank you, Mr. Chair. I move that Bill 29, an Act to Amend the Access to Information and Protection of Privacy Act, be deemed ready for third reading as amended. Thank you, Mr. Chair.

Bill 29 is now ready for third reading as amended and reprinted. Does committee agree that this concludes our consideration of Bill 29?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Thank you, Minister, and thank you to the witnesses. Sergeant-at-Arms, please escort the witnesses from the Chamber. Thank you. Committee, we have agreed to consider Bill 35, Supply Chain Management Professional Designation Act. It is in your binders. I will ask the Minister responsible to introduce the bill. Minister Schumann.

Wally Schumann

Hay River South

I am here today to introduce Bill 35, Supply Chain Management Professional Designation Act.

In the Northwest Territories, Supply Chain Management Professionals are licensed by the Supply Chain Management Association Northern Territories. This association sets the standards for excellence and ethics and is the source of professional development and accreditation for supply chain management in the Northwest Territories.

Supply Chain Management Professionals ensure that goods, people, and information are transported as safely and efficiently as possible.

Prior to 2013, the Supply Chain Management Association Northern Territories was called the Northwest Territories Institute of the Purchasing Management Association of Canada. Likewise, in 2013 the Certified Professional Purchaser designation was replaced with Supply Chain Management Professional.

The new Supply Chain Management Professional Designation Act, which replaces the Purchasing Management Association Act, reflects these name changes.

In addition, it will continue to ensure that only Supply Chain Management Professionals licensed by the Supply Chain Management Association Northern Territories are entitled to hold themselves out as professionals in the field of supply chain management.

The Government of the Northwest Territories values the hard work of Supply Chain Management Professionals, who are imperative to the region's ongoing economic development, the provision of health services, and the transportation of food and supplies, among many other things. The proposed new Supply Chain Management Professional Designation Act recognizes this hard work and will modernize the outdated Purchasing Management Association Act. Thank you, Mr. Chair.

Thank you, Minister. I will now turn to the chair of the Standing Committee on Economic Development and Environment, the committee that considered the bill, for opening comments. Mr. Vanthuyne.

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Chair. The Standing Committee on Economic Development and Environment concluded its review of Bill 35, Supply Chain Management Professional Designation Act, on May 27, 2019, with a public hearing held at the Legislative Assembly building.

The committee received a submission from Bonita Nowell, president of the Supply Chain Management Association Northern Territories Institute. Ms. Nowell, on behalf of the board of directors of the institute, expressed support for the bill, noting that it protects the designation used by Supply Chain Management Professionals in the Northwest Territories. The committee agrees and also supports the bill as outlined by the Minister. Individual Members may have additional comments or questions as we proceed with consideration of this bill. Thank you, Mr. Chair.

Thank you, Mr. Vanthuyne. Minister, would you like to bring witnesses into the Chamber?

Wally Schumann

Hay River South

Yes, I would, Mr. Chair.

Thank you, Minister. SergeantatArms, please escort the witnesses into the Chamber. Thank you. Minister, would you please introduce your witnesses.

Wally Schumann

Hay River South

Thank you, Mr. Chair. On my left is Paul Guy, deputy minister of Infrastructure, and on my right is Laura Jeffrey, legislative counsel, Department of Justice. Thank you, Mr. Chair.

Thank you, Minister. I will now open the floor to general comments on Bill 35. Comments? Seeing none, does committee agree that there are no further comments?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Can we proceed to a clausebyclause review of the bill?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Committee, we will defer Bill 35, Supply Chain Management Professional Designation Act, until consideration of the clauses. There are six clauses in the bill, starting on page 1. We will go one by one to six.

Clauses 1 through 6 inclusive, approved

We will now return to Bill 35, Supply Chain Management Professional Designation Act. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Does committee agree that Bill 35 is now ready for third reading?

Speaker: SOME HON. MEMBERS

Agreed.

Mr. Vanthuyne.

Thank you, Mr. Chair. I move that Bill 35, Supply Chain Management Professional Designation Act, be ordered to be read for a third time. Thank you, Mr. Chair.

Thank you, Mr. Vanthuyne. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All in favour? Opposed?

Carried

Bill 35 is now ready for its third reading. Thank you, Minister. Thank you to your witnesses. SergeantatArms, please escort the witnesses from the Chamber. Does committee agree that concludes Committee of the Whole? Mr. Testart.

Thank you, Mr. Chair. I move that the chair rise and report progress. Thank you.

Thank you, Mr. Testart. We will rise and report progress.

Report of Committee of the Whole