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The Information and Privacy Commissioner’s 2013-2014 annual report was backdoor tabled under the provisions of Rule 44(2) of the Rules of the Legislative Assembly of Nunavut on August 13, 2014.
The September 18-19, 2014, appearances of the Information and Privacy Commissioner and Government of Nunavut officials before the Standing Committee took place in the Chamber of the Legislative Assembly.
Transcripts from the Standing Committee’s hearings will be available on the Legislative Assembly’s website.
Issue: Government of Nunavut’s Privacy Management Manual
In its formal response to the 3rd Legislative Assembly’s Standing Committee on Oversight of Government Operations and Public Accounts’ May 2013 Report on the Review of the 2011-2012 Annual Report of the Information and Privacy Commissioner of Nunavut, the Government of Nunavut indicated that:
“A copy of the Privacy Management Manual (previously referred to as the Privacy Management Framework) will be tabled in the Legislative Assembly.”
As of September 1, 2014, this document had not been tabled in the Legislative Assembly.
It should be noted that the Government of Nunavut’s Access to Information and Protection of Privacy Policy and Privacy Breach and Incident Policy are available on the website of the Department of Executive and Intergovernmental Affairs.
In response to Members’ questions concerning this issue during the Standing Committee’s September 19, 2014, hearing, the Deputy Minister of Executive and Intergovernmental Affairs stated that:
“The Privacy Management Manual applies to the whole government … at this time, it is being reviewed on an interdepartmental level and this manual is nearing completion, and, upon completion, the document would be tabled.
At this time, it is still under review but the foundation will serve to assist our staff across the government.”
The Standing Committee recommends that the Government of Nunavut’s new Privacy Management Manual be tabled in the Legislative Assembly as soon as practicable.
Issue: Disclosure of Government of Nunavut Contracting, Procurement and
Leasing Activities
An ongoing issue that has been raised in the context of annual hearings on the reports of the Information and Privacy Commissioner is the public disclosure of information concerning the contracting, procurement and leasing activities of the Government of Nunavut’s departments, Crown agencies and territorial corporations.
In her 2013-2014 annual report to the Legislative Assembly, the Information and Privacy Commissioner noted that:
“Another issue that has come up on numerous occasions again this year, after a bit of a hiatus, is how the Government of Nunavut awards contracts, especially the large, multi-million dollar, multiple year contracts.
While Nunavut has done some work with respect to proactive disclosure of these contracts, this government is far behind many provincial/territorial governments in disclosing  information relating to contracts, particularly large contracts.
While information is available online, the amount of information is sparse and, when it comes to the very large contracts, really not very helpful.
Nunavut is a small jurisdiction and everyone has a connection in one way or another.
A very high percentage of individuals and companies rely, to a very large degree, on government contracts for their livelihood.
For this reason, interest in the contracting process is very high and much higher than it is in other jurisdictions.
The general public in Nunavut is generally far more aware about who is getting government contracts than in other parts of the country where the pool is larger.
There are lots of questions about why certain individuals and businesses are successful in obtaining government contracts and others are not.
The public is, at times, going to question the hows and the whys of certain awards.
The more of this information that can be made proactively available, the less room there is for any suggestion of favouritism, nepotism, fraud or other allegations of improper considerations.
The larger the contract and the longer its duration, the more important it is to ensure that the process and the outcome are open.
The Government of Nunavut, generally, can and should do a much better job of this.”
In its October 29, 2010, report on the review of the 2009-2010 annual report of the Information and Privacy Commissioner, the Standing Committee reiterated a recommendation that the Government of Nunavut table annual reports in the Legislative Assembly on the contracting, procurement and leasing activities for all of its Crown agencies and territorial corporations.
This recommendation was reiterated in its May 14, 2013, report on the review of the 2011-2012 annual report of the Information and Privacy Commissioner.
“In the interest of increased transparency, accountability and effectiveness, Ministers responsible for public agencies and territorial corporations have issued directives to provide important information to the Government of Nunavut and Nunavummiut, including the tabling of yearly reports on procurement, contracting and leasing activities.”
However, as of October 24, 2014, the most recent annual reports to have been tabled in the Legislative Assembly on the contracting, procurement and leasing activities of Crown agencies and territorial corporations were as follows:
Nunavut Business Credit Corporation: 2010-2011 report tabled on October 23, 2012
Nunavut Housing Corporation: 2012-2013 report tabled on March 20, 2014
Qulliq Energy Corporation: 2011-2012 and 2012-2013 reports tabled on October 21, 2014
“The Access to Information and Protection of Privacy Act is a very fine balance between ensuring the right of access to information and protecting the privacy rights of individuals and their organizations who deal with the government.
That’s what, as government, we’ve been trying to find that right balance.
From my opinion, yes, there should be more information provided and we are quite open in the discussion with our [Information and Privacy] Commissioner in providing that right balance … there is a fine balance that we are trying to find, and this is a work in progress that we will continue to do.”
The Standing Committee recommends that the Government of Nunavut table, in a timely manner, annual reports in the Legislative Assembly on the contracting, procurement and leasing activities for all of its Crown agencies and territorial corporations, including the:
The Standing Committee further recommends that the Government of Nunavut, as part of its ongoing review of procurement, contracting and leasing practices, work co-operatively with the Office of the Information and Privacy Commissioner to identify ways in which to the expand the range of information that is publicly disclosed in this area, and that the Government of Nunavut’s 2014-2015 annual report on the administration of the Access to Information and Protection of Privacy Act account, in detail, for progress in this area.
An ongoing issue that has been raised in the context of annual hearings on the reports of the Information and Privacy Commissioner is the application of access to information and protection of privacy legislation to Nunavut’s municipalities.
“The Government of Nunavut is committed to providing information on consultation and collaborative training initiatives involving municipal employees, Government Liaison Officers, the Municipal Training Organization and other parties in its annual report on the administration of the Access to Information and Protection of Privacy Act.
The Government of Nunavut will continue to work collaboratively with the [Information and Privacy] Commissioner, the Municipal Training Organization, the Nunavut Association of Municipalities and the municipal administrations to ensure accountability and transparency throughout all levels of government in Nunavut.
The Government of Nunavut will examine options for ensuring municipalities meet requirements of transparency and openness as expected of any level of government in Nunavut.”
“I am aware that the Access to Information and Protection of Privacy office in the  Department of the Executive and Intergovernmental Affairs is working, in particular, with the City of Iqaluit on these issues.
Some progress is being made but it is very slow and is focused only on the larger communities at this point.. Once again, I would encourage the Government of Nunavut to engage municipal and community governments to establish and implement privacy policies as a starting point.
It should be noted that the current business plan of the Department of Executive and Intergovernmental Affairs indicates that one of its priorities for the 2016-2017 fiscal year is to “provide support to the municipalities in implementing access [to information] and [protection of] privacy principles, based on the successful implementation within the City of Iqaluit.”
The Standing Committee affirms its support for ensuring that appropriate legislative frameworks concerning access to information and protection of privacy apply to the federal, territorial and municipal levels of government in Nunavut.
The Standing Committee recommends that the Government of Nunavut’s next annual report on the administration of the Access to Information and Protection of Privacy Act account, in detail, for its progress to date in working with the Nunavut Association of Municipalities, the Municipal Training Organization and the Office of the Information and Privacy Commissioner to review the issue of access to information and protection of privacy at the municipal level in Nunavut.
The Standing Committee further recommends that the Government of Nunavut, in partnership with appropriate stakeholders, examine such options as introducing access to information and protection of privacy legislation that is specific to municipalities and/or having the territorial Access to Information and Protection of Privacy Act apply to municipalities in a manner that would address such operational concerns as the ability of municipalities to respond to historical access requests.
The Standing Committee suggests that such concerns could be addressed through such means as explicitly providing that the legislation does not provide a right to access in respect to information that was generated by municipalities prior to an effective commencement date.
Issue: Application of Access to Information and Protection of Privacy Legislation to Local Housing Organizations (LHOs)
A new issue that emerged during the Standing Committee’s September 18-19, 2014, hearings on the 2012-2013 and 2013-2014 annual reports of the Information and Privacy Commissioner to the Legislative Assembly is the application of access to information and protection of privacy legislation to Local Housing Organizations (LHOs).
“While the Nunavut Housing Corporation is named as a public body in the regulations [under the Access to Information and Protection of Privacy Act], LHOs are not.
This run of issues surrounding LHOs, however, suggests to me that it is time to make it absolutely clear that these organizations do, indeed, fall under the Act and have obligations and responsibilities under the Act.
There is, in my opinion, nothing that would weight against such specific inclusion ‐ these are public organizations, whose leadership is most often appointed by the Minister, which are funded exclusively or almost exclusively with public funds and which are given policy direction by a public body (the Nunavut Housing Corporation).”
In response to Members’ questions concerning this issue during the Standing Committee’s September 19, 2014, hearing, testimony from the Department of Executive and Intergovernmental Affairs indicated that:
“We’ve actually done a lot of work with the Nunavut Housing Corporation in the recent past regarding LHOs and the accessibility of their information.
Technically, LHOs are not currently considered a public body under the Access to Information and Protection of Privacy Act.
However, due to their management agreement[s] they have with NHC, they are required to comply with all access to information and protection of privacy provisions which include the allowance of access to information of all records held by LHOs, as well.
The NHC will process requests made to LHOs for all records that they are in custody and control of.
We are working toward, hopefully, their eventual inclusion under the Access to Information and Protection of Privacy Act in some form.”
The Standing Committee recommends that Local Housing Organizations be designated as public bodies under Schedule A of the Access to Information and Protection of Privacy Regulations no later than April 1, 2015.
The Standing Committee further recommends that copies of all management agreements between the Nunavut Housing Corporation and Local Housing Organizations be tabled in the Legislative Assembly on the first sitting day of the winter 2015 sitting of the House.
An ongoing issue that has been raised in the context of annual hearings on the reports of the Information and Privacy Commissioner is the development of health-specific privacy legislation for Nunavut.
In her 2009-2010 annual report to the Legislative Assembly, the Information and  Privacy Commissioner noted that:
“Nunavut is now the only Canadian jurisdiction without health-specific privacy legislation.
The Yukon, the Northwest Territories and Prince Edward Island  have all passed health-specific privacy legislation over the last year and are in the process of implementation.”
“The Department of Health will be reviewing health-specific privacy legislation in other jurisdictions.
Based upon this review, it will consider how to move forward in this area.
Nine privacy and security directives with respect to electronic health records have been completed, approved and implemented.”
It should be noted that the current business plan of the Department of Health indicates that one of its priorities for the 2015-2016 fiscal year is to “begin [the] legislative process to introduce health-specific privacy legislation.”
The Standing Committee recommends that the Government of Nunavut’s formal response to this report contain a detailed timeline for the development and introduction of health-specific privacy legislation for Nunavut.
The Standing Committee further recommends that copies of the Department of Health’s privacy and security directives concerning electronic health records be tabled in the Legislative Assembly as soon as practicable.
The Standing Committee further recommends that the Department of Health’s Privacy Impact Assessment concerning the Nutaqqavut Health Information System be tabled in the Legislative Assembly as soon as practicable.
organization of which the child or his or her parent is, or is eligible to be, a member) when a private adoption is taking place. The Department has interpreted consultation to be contact through written correspondence. As such, the Department writes to one of the three regional Inuit associations (which represent the interests of Inuit and are affiliated with Nunavut Tunngavik Incorporated, the organization that represents the rights and interests of Nunavut Land Claims Agreement beneficiaries) to inform it that an adoption plan has been developed for an Inuk child to be privately adopted, usually by a non-Inuit family.
However, it has not been clear what agreements and/or understandings and/or protocols are in place between the government and designated Inuit organizations to ensure that such personal information is subject to appropriate safeguards after it has been provided to the designated Inuit organization.
Following its April 18, 2013, hearing on the 2011-2012 annual report of the Information and Privacy Commissioner, the Standing Committee reported back to the House on May 14, 2013.
In its report, the Standing Committee recommended that the Government of Nunavut:
“… in partnership with the Information and Privacy Commissioner, work co-operatively with designated Inuit organizations to develop appropriate guidelines to ensure that safeguards are in place with respect to personal information that is provided concerning matters arising under the Adoption Act and the Child and Family Services Act.”
The government’s formal response to the report of the standing committee was tabled in the Legislative Assembly on September 6, 2013.
The response stated that:
“The Department of Family Services understands the importance of protecting personal information and commits to working collaboratively with both the Information and Privacy Commissioner and designated Inuit organizations to ensure that appropriate safeguards are in place to protect personal information concerning matters arising under the Adoption Act and the Child and Family Services Act.
Initial work will involve consulting with designated Inuit organizations to determine privacy safeguards currently in effect. Consultation with the Information and Privacy Commissioner to assess current practices and to determine if additional safeguards are required will also take place.
The Department of Family Services anticipates completion of this recommendation by the fall of 2013.”
This issue was revisited during the standing committee’s September 2014 hearings on both the 2012-2013/2013-2014 annual reports of the Information and Privacy Commissioner of Nunavut and the Auditor General’s 2014 Follow-up Report on Child and Family Services in Nunavut.
The Standing Committee was disappointed at the government’s lack of progress in this area.
Testimony provided by the Information and Privacy Commissioner during her appearance before the Standing Committee indicated that consultations with her office had not yet occurred.
Testimony from the Acting Deputy Minister of Family Services indicated a lack of awareness of the issue.
In response to Members’ questions concerning this issue, the Deputy Minister of Executive and Intergovernmental Affairs stated that:
“… in our discussions with Family Services, they are supportive of moving forward the creation of some form of an information-sharing agreement with designated Inuit organizations that they share personal information with.
This will be done in collaboration with the Department of Justice and our department.
The department will seek input from the Information and Privacy Commissioner before moving forward with implementation of any agreement.”
The Standing Committee recommends that the Government of Nunavut, in partnership with the Office of the Information and Privacy Commissioner, work co-operatively with designated Inuit organizations to develop appropriate guidelines to ensure that safeguards are in place with respect to personal information that is provided concerning matters arising under the Adoption Act and the Child and Family Services Act; and that this work include a review of the necessity and effectiveness of the current statutory provisions.
The Standing Committee further recommends that the government’s response to this report provide a detailed action plan and timeline for the completion of this work, including a detailed description of specific departmental accountabilities.
The Standing Committee further recommends that the government’s formal response to this report account, in detail, for the specific factors that resulted in its failure to meet its fall 2013 goal of completing consultations in this area.
The Standing Committee notes that this issue is also being addressed in its Report on the Review of the Auditor General’s 2014 Follow-up Report on Child and Family Services in Nunavut.
An outstanding issue from prior years’ annual reports of the Information and Privacy  Commissioner to the Legislative Assembly concerns her ability to appeal a decision made by a head of a public body under section 36 of the Access to Information and Protection of Privacy Act to the Nunavut Court of Justice.
In her November 24, 2011, testimony to the Standing Committee, the Information and Privacy Commissioner stated that:
In her April 18, 2013, testimony to the Standing Committee, the Information and Privacy Commissioner stated that:
The Standing Committee notes that systemic barriers, including financial resources, generally preclude private citizens from exercising their notional right under section 37 of the Access to Information and Protection of Privacy Act to appeal a decision by a head of a public body to the Nunavut Court of Justice.
“The Government of Nunavut agrees that it could be a useful tool for both the Information and Privacy Commissioner and the GN to obtain clarity on important matters where significant disagreement exists.
Furthermore, the GN agrees with the Information and Privacy Commissioner that by enabling the Information and Privacy Commissioner to appeal a decision made by a head of a public body under section 36 to the Nunavut Court of Justice, an obstacle for applicants who currently see it as overwhelming to appeal themselves would be removed.
The government is willing to consider including this in a future amendment to the Act.”
The Standing Committee recommends that the Government of Nunavut introduce amendments to the Access to Information and Protection of Privacy Act within the next twelve months that would permit the Information and Privacy Commissioner to appeal a decision made by a head of a public body under section 36 of the Access to Information and Protection of Privacy Act to the Nunavut Court of Justice.
An outstanding issue from prior years’ annual reports of the Information and Privacy  Commissioner to the Legislative Assembly concerns her ability to extend the time for
requesting a review under the Act in certain circumstances.
In her 2009-2010 annual report to the Legislative Assembly, the Information and Privacy  Commissioner noted that:
“… it would be my recommendation that the Information and Privacy Commissioner be given discretion to extend the time for requesting a review in appropriate circumstances, except in the case where the issue involves a third party objection to the disclosure of information.
“The Government of Nunavut agrees that providing the [Information and Privacy] Commissioner with this discretion may prove to be beneficial for both the public and the Government of Nunavut.
The Department [of Executive and Intergovernmental Affairs] will include this amendment in future amendments to the Access to Information and Protection of Privacy Act.
As the Access to Information and Protection of Privacy Act was amended in June 2012, with the amendments brought into force as of May 10, 2013, the immediate priority will be to commence a review of the Access to Information and Protection of Privacy Regulations.”
The Standing Committee recommends that the Government of Nunavut introduce amendments to the Access to Information and Protection of Privacy Act within the next twelve months that would address the Information and Privacy Commissioner’s recommendations concerning her ability to exercise discretion to extend the time for requesting a review under the Act in certain circumstances.
The Standing Committee further recommends that the Government of Nunavut, in its response to this report, provide a detailed update on the status of the review of the Access to Information and Protection of Privacy Regulations that was referenced in its formal response to the 3rd Legislative Assembly’s Standing Committee on Oversight of Government Operations and Public Accounts’ May 2013 Report on the Review of the 2011-2012 Annual Report of the Information and Privacy Commissioner of Nunavut.
Issue: Privacy Audits of Government of Nunavut Departments, Crown Agencies and Territorial Corporations
“My office has seen a steadily increasing number of requests for review and privacy complaints over the years.
As you may know, my work as the Information and Privacy Commissioner is currently done on an “as needed” basis.
In addition to my role as the Information and Privacy Commissioner in Nunavut, I also continue to hold the same position for the Northwest Territories in addition to running a busy legal practice in Yellowknife.
While this configuration has worked well for many years, it is becoming more and more difficult to stay on top of all of the files arriving in my office and to deal with everything on a timely basis.