EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
Mr. Chairman, the department’s proposed 2012-15 business plan provides an update on one of its previous priorities, which was to “Conclude policy development for the new Traffic Safety legislation.”
It indicates that a “Public engagement process is currently being organized and will be conducted in early 2012 after which the submission for legislative changes can be made.”
Mr. Chairman, the department’s proposed 2012-15 business plan provides an update on one of its previous priorities, which was to “Bring Transport Canada and the Department of Fisheries and Oceans Canada into partnership to design harbour/dock facilities.”
It indicates that “This priority will carry over into 2012-13.”
The standing committee looks forward to ongoing updates from the minister on this important initiative.
The department’s proposed 2012-15 business plan provides an update on one of its previous priorities, which was to “Complete design of the Iqaluit Marine Facility if funding is made available.”
It indicates that “No funding, or potential source of funding, has been identified for this project.
No progress in 2011-2012.
This priority will not be carried over.”
Mr. Chairman, the department’s proposed 2012-13 main estimates include $15,076,000 in grants and contributions expenditures.
In 2011-12, the department allocated $14,681,000 for its grants and contributions funding.
The standing committee recommends that the minister report annually to the House on how the department measures and evaluates the success of its grants and contributions expenditures.
Mr. Chairman, that concludes my opening comments on the 2012-13 main estimates and 2012-15 business plan of the Department of Economic Development and Transportation.
Mr. Ningeongan: Mr. Chairman, I would like to make a motion to report progress.
Chairman: We have a motion on the floor to report progress (interpretation) and the motion is not debatable.
Just a reminder that there’s only one meeting for tomorrow morning; it is at 9:30 a.m. for the Management and Services Board in the Tuktu Room.
This House stands adjourned until Tuesday, March 6, at half past one.
>>House adjourned at 20:18  Appendix – March 5, 2012
Standing Committee on Oversight of  Government Operations and Public Accounts
2010-2011 Annual Report of the
Third Session of the Third Legislative Assembly of Nunavut
Ron Elliott, Chair
Louis Tapardjuk, Co-Chair
Tagak Curley, MLA
Monica Ell, MLA
Joe Enook, MLA
Hezakiah Oshutapik, MLA
Standing Committee hearings on the annual reports of the Information and Privacy Commissioner, the Languages Commissioner and the Auditor General provide an opportunity for the issues raised in each report to be discussed in a transparent manner.
Since her initial appointment in 1999, the Information and Privacy Commissioner has submitted a total of twelve annual reports to the Legislative Assembly of Nunavut.
Her annual reports are accessible on her office’s website.
Since 2005, the Government has tabled an annual report on the administration of the Access to Information and Protection of Privacy Act. The government’s most recent annual report on the administration of the Act was tabled in the Legislative Assembly on October 28, 2011.
The Standing Committee on Oversight of Government Operations and Public Accounts held hearings on the 2007-2008 and 2008-2009 annual reports of the Information and Privacy Commissioner on October 1, 2009.
Following its 2010 hearings, the Standing Committee presented its own report to the Legislative Assembly on October 29, 2010.
The government’s response to the Standing Committee’s report and recommendations was tabled in the Legislative Assembly on February 28, 2011.
The Standing Committee’s hearings on the 2010-2011 annual report of the Information and Privacy Commissioner were held on November 24, 2011.
Senior officials from the Government of Nunavut’s Department of Executive and Intergovernmental Affairs subsequently appeared before the Standing Committee on November 25, 2011.
This appearance constituted the first time that departmental officials have appeared before a Standing Committee of the Legislative Assembly to publicly account for the government’s actions in response to recommendations of the Information and Privacy Commissioner and the Standing Committee itself.
The 2011 appearances of the Information and Privacy Commissioner and departmental officials before the Standing Committee were held in the Chamber of the Legislative Assembly and were open to the public and news media to observe.
The Standing Committee’s November 24, 2011, hearing on the 2010-2011 annual report of the Information and Privacy Commissioner and subsequent appearance by senior Government of Nunavut officials provided an opportunity to review the progress made by the government over the past year in addressing the recommendations made by the Information and Privacy Commissioner and the Standing Committee.
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 its 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 corporations and agencies.
“The Government [of Nunavut] agrees.
The Public Agencies Council will work closely with the Ministers responsible for our territorial corporations with respect to the reporting of their contracting activities to ensure the timelines of reporting, transparency and accountability to Nunavummiut.”
Over the past year, there has been improvement in this area.
Ministerial Letters of Expectation to the government’s Crown agencies for the 2011-2012 fiscal year were tabled in the Legislative Assembly on October 27, 2011.
Annual procurement reports have been tabled by the Nunavut Housing Corporation, the Nunavut Business Credit Corporation and the Qulliq Energy Corporation.
However, the timeliness of these tablings could be improved.
The Standing Committee reiterates its recommendation 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 corporations and agencies, including the:
In its report on the review of the 2007-2008 and 2008-2009 annual reports of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut review its practices in the area of disclosure of information concerning the H1N1 virus.
In its October 29, 2010, report on the review of the 2009-2010 annual report of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut table in the Legislative Assembly its disclosure and reporting protocols concerning reportable communicable diseases.
“The Department of Health and Social Services, through the office of the Chief Medical Officer of Health, will be developing its disclosure protocols, with a particular focus on disclosure of community names and community-specific numbers of cases.
Once approved by the Executive Council, the GN will table the protocols in the Legislative Assembly.”
The Standing Committee reiterates its recommendation that the Government of Nunavut table in the Legislative Assembly its disclosure and reporting protocols concerning reportable communicable diseases.
During the Information and Privacy Commissioner’s 2010 appearance before the Standing Committee, the issue of communication practices of community health centres was raised in relation to the broadcasting on local radio of the names of residents who are being requested to attend their local health centre.
In its October 29, 2010, report on the review of the 2009-2010 annual report of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut table in the Legislative Assembly its policy on communication practices to be followed by community health centres.
The government’s response to the Standing Committee’s recommendation on this issue stated that:
“The Department of Health and Social Services makes frequent use of community radio with regards to general public health announcements as this media reaches a wide section of the population.
In regards to client-specific information, the Department of Health and Social Services, as part of its Human Resources Policy, recently implemented its Policy “Contacting Clients through Local Radio.”
The policy states that “Staff shall not use the local radio as a means of communicating with individual clients.
The announcement of individual client names on the radio is a breach of confidentiality.”
This issue was raised by Members on the occasion of the November 25, 2011, appearance of senior Government of Nunavut officials.
Testimony by witnesses indicated that:
“The Department of Health and Social Services had said that they did create a policy on this and, ultimately, it was up to the Department of Health and Social  Services to look into the Information and Privacy Commissioner’s recommendations.
It’s something we’re working on further.
They have also created a consent form, which was recommended by the Information and Privacy Commissioner, which allows them to get the consent of constituents to be able to contact them via the radio when necessary.
So that’s something that we will have to follow up with the Department of Health and Social Services on.”
The Standing Committee reiterates its recommendation that the Government of Nunavut table in the Legislative Assembly its policy on communication practices to be followed by community health centres.
The issue of the application of the Access to Information and Protection of Privacy Act to municipal governments has been an ongoing concern for Members of the Standing Committee.
During her November 24, 2011, testimony to the Standing Committee, the Information and Privacy Commissioner stated that:
“… the Northwest Territories, the Yukon, and Nunavut are the only remaining jurisdictions that don’t include municipalities under their access to information and protection of privacy legislation.”
In its response to the Standing Committee’s recommendation in its 2010 report to the Legislative Assembly concerning this issue, the government stated that:
“The Government of Nunavut agrees that municipalities should, in some way, be accountable under access to information and privacy protection legislation. Further consultation regarding their inclusion under the Access to Information and Protection of Privacy Act is required and the Government of Nunavut intends to include all stakeholders who may be affected by these changes, including the Nunavut Association of Municipalities.
As including municipalities under the Access to Information and Protection of Privacy Act does raise many governance and administration issues, it is important that we do not rush into their inclusion before we are aware of and able to deal with the concerns of all parties.
However, initial consultation will begin with municipalities to gain their suggestions on how best to eventually include their operations under Access to Information and Protection of Privacy Act.”
This issue was raised by a number of Members on the occasion of the November 25, 2011, appearance of senior Government of Nunavut officials.
“You have clearly communicated to us your commitment and your desire that all  Nunavummiut, whether they’re dealing with the territorial government or their home community government, want to have the same rights to access to information and also the same protection of their privacy.
There’s certainly nothing there for us to argue with.
It’s a matter of timelines and resources.”
Testimony by witnesses also indicated that:
“Our department has begun a process of discussions with the City of Iqaluit.
Ms. Bell has gone to their offices and visited and met with them.
We have also sent out a letter of consultation to all of the hamlets and we’re awaiting their response.
As we made an earlier commitment to you, we would be sharing with you copies of those letters of consultation.
We have also contacted the Nunavut Association of Municipalities, NAM, and we will be in further contact with them as well.
We’re basically laying the groundwork for their inclusion at an undetermined time in the future by first consulting with them and finding out what their needs are.
We have accepted the suggestion, I believe, made by Mr. Ningark that we make provision to include hamlet employees in the training that we’re going to make available.
We are confident that having Government Liaison Officers eventually in all of our communities will help increase the access, particularly the awareness of the need for access.”
The Standing Committee further recommends that the annual report account for collaborative training initiatives involving municipal employees, Government Liaison Officers and other parties.
In 2009, the Standing Committee recommended that the Government of Nunavut, in cooperation with the Office of the Information and Privacy Commissioner, develop amendments to the Access to Information and Protection of Privacy Act to provide clear authority for the Information and Privacy Commissioner to conduct privacy reviews and investigate alleged breaches of the legislation.
The 2010-2011 Annual Report of the Information and Privacy Commissioner notes that:
On October 28, 2011, the Premier made a Minister’s Statement in the House concerning the GN’s plans to amend the Access to Information and Protection of Privacy Act in 2012.
The Premier indicated that “there are a few administrative changes to be considered; however, the major changes to be considered are to make privacy oversight mandatory.”
The Minister’s Statement also indicated that “the proposed amendments will bring the GN’s Access to Information and Protection of Privacy Act up to national standards for the protection of personal privacy.
The proposed amendments will allow individuals the ability to complain to the Information and Privacy Commissioner if they feel that the GN has inappropriately collected, used, or disclosed their personal information.
The Standing Committee recommends that the Government of Nunavut bring forward amendments to the Access to Information and Protection of Privacy Act to address the issue of privacy oversight during the spring 2012 sitting of the House.
The 2009-2010 Annual Report of the Information and Privacy Commissioner noted that:
In its October 29, 2010, report on the review of the 2009-2010 annual report of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut’s next annual report on the administration of the Access to Information and Protection of Privacy Act account for its progress to date in working with the Office of the Information and Privacy Commissioner to develop amendments to the Access to Information and Protection of Privacy Act to provide the Information and Privacy Commissioner with the discretion to extend the time for requesting a review in appropriate circumstances.
Testimony by Government of Nunavut witnesses on the occasion of their November 25, 2011, appearance before the Standing Committee indicated that:
“The [Information and Privacy] Commissioner, as well as this Standing Committee, has recommended on a number of occasions that the GN make legislative changes to allow for the Commissioner to use her discretion to extend the time for an applicant to request a review from her office.
The commissioner has stated that delays in the mail service in Nunavut may prevent an applicant from the right of a review.
A legal review of this provision has been done and it has been determined that this issue can be handled administratively without amending the ATIPP Act.
We would like to work with the Commissioner to develop an administrative approach to dealing with this issue that satisfies both the ATIPP Act and the Commissioner.”
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 for its progress to date in working with the Office of the Information and Privacy Commissioner to resolve this issue.
Issue: Development of Health-Specific Privacy Legislation and Electronic Health Records
In its October 29, 2010, report on the review of the 2009-2010 annual report of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut’s next annual report on the administration of the Access to Information and Protection of Privacy Act account for its progress to date in developing health-specific privacy legislation.
“The Government of Nunavut understands the sensitivity surrounding personal health information and is committed to ensuring the protection of all personal health information.
The Government of Nunavut will be looking at the legislation enacted in and under development by other jurisdictions, particularly the other two territories, for guidance with respect to creating separate legislation to deal with privacy of health records.
In addition, the Government of Nunavut will review whether including oversight provisions in the Access to Information and Protection of Privacy Act would address the Commissioner’s concerns without the need for separate legislation to protect personal health information.
Until such time, the Access to Information and Protection of Privacy Act will continue to be the legislative and regulatory authority for health information.
Such legislation will continue to protect the personal health information of the people of Nunavut together with a comprehensive privacy framework and supporting policies.
The Government of Nunavut will provide further update on this issue in its next annual report of the administration of the Access to Information and Protection of Privacy Act.”
“I can advise that the Government of the Northwest Territories is in the process of drafting their health privacy legislation.
It has been in the works for, I would say, probably the last three or four years.
The last information that I have is that they’re looking at passing legislation in late 2012 or early 2013.
Now, that’s a fairly soft date, I think, but that’s my understanding of what they’re hoping to do.”
The Government of Nunavut’s 2009-2010 annual report on the administration of the Access to Information and Protection of Privacy Act indicated that:
“The Department of Health and Social Services eHealth Project has retained  Privacy and Security Specialists that have helped develop a Design Level Privacy Impact Assessment based on the Meditech Clinical Information System.
The Privacy Advisory Group with guidance from subject matter experts has created a detailed suite of industry standard privacy and security policies that will govern the Nunavut Interoperable Electronic Health Record.
The Department of Health and Social Services has also created a new Senior Health Privacy Officer position which is tasked with implementing and monitoring the privacy and security program.
This position will work closely with the multidepartment Privacy Advisory Group which includes members from the ATIPP Division and Records  Management for the GN.”
“In regard to the health privacy directives, the Privacy Advisory Group is a group that was set up underneath Health to govern privacy issues related to electronic health records.
It was determined by that group that at this time, health privacy specific legislation would not be required by utilizing the ATIPP Act as well as an  intricate set of privacy directives and policies to govern the system itself.
Individuals whose information is held in the system have the right to protection of  privacy.
Once we strengthen the privacy rights of individuals by including privacy  oversight in the ATIPP Act, that will then again further provide individuals with even more protection of their personal privacy and as well, it will provide them with the opportunity of recourse if they feel that the Department of Health and Social Services, as with any other department, has inappropriately used, collected, or disclosed their personal information.
The privacy directives themselves deal with users of the systems and ensure that they are appropriately using the system in a way that will protect the privacy of all Nunavummiut.”
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 addressing the issues of health-specific privacy legislation, management and security of electronic health records, and information-sharing between departments of the Government of Nunavut which hold such records, including the Department of Health and Social Services and the Department of Justice.
In its October 29, 2010, report on the review of the 2009-2010 annual report of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut, in cooperation with the Office of the Information and Privacy Commissioner, develop operational guidelines for the use of public bodies in relation to the disclosure of information pursuant to the provisions of subsection 48(v) of the Access to Information and Protection of Privacy Act.
The government’s response to the Standing Committee’s recommendation stated that
“Consultations will be done with other jurisdictions to analyze procedures utilized by other public bodies.
Some information that could be discussed and utilized in the Legislative Assembly would not be covered by the same protections outside the Legislature.
For example, the name or circumstances of an individual could be expressed and they would not have the same level of recourse to respond legally as if the same was expressed outside the Legislature.
It is agreed that information security procedures and agreements should be established to set out the parameters to protect the privacy of personal information in such instances, while still facilitating the ability of legislators to assist Nunavummiut.”
The Standing Committee reiterates its recommends that the Government of Nunavut, in cooperation with the Office of the Information and Privacy Commissioner, develop operational guidelines for the use of public bodies in relation to the disclosure of information pursuant to the provisions of subsection 48(v) of the Access to Information and Protection of Privacy Act, and that these guidelines be tabled in the Legislative Assembly.
Issue: Ability of 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
Section 37 of the Access to Information and Protection of Privacy Act provides that:
Appeal of decision of head
37. (1) An applicant or a third party may appeal a decision made by a head of a public body under section 36 to the Nunavut Court of Justice.
Notice of appeal
(2) An applicant or third party who wishes to appeal a decision of a head shall file  a notice of appeal with the Nunavut Court of Justice and serve the notice on the head within 30 days after the day the appellant receives the written notice of the decision.
Written notice to third party
(3) A head who has refused an application for access to a record or part of a
record shall, as soon as is reasonably practicable after receipt of the notice of appeal, give written notice of the appeal to any third party to whom a report was sent under paragraph 35(b).
Written notice to applicant
(4) A head who has granted an application for access to a record or part of a record shall, as soon as is reasonably practicable after receipt of the notice of appeal, give written notice of the appeal to the applicant.
Parties to appeal
(5) An applicant or a third party who has been given notice of an appeal under this section may appear as a party to the appeal.
Information and Privacy Commissioner not a party
(6) The Information and Privacy Commissioner is not a party to an appeal.