EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
Further plans were made to work together toward creating an access and privacy regime that is in line with the spirit and intent of the ATIPP Act.
We will continue to work with the Commissioner to ensure accountability and transparency throughout all levels of government in Nunavut.”
The issue of the application of access to information and protection of privacy legislation to municipalities was discussed in detail with both the Information and Privacy Commissioner and Government of Nunavut witnesses during the Standing Committee’s April 18, 2013, hearings.
The Standing Committee reaffirms 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 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’s next annual report on the administration of the Access to Information and Protection of Privacy Act account for collaborative training initiatives involving municipal employees, Government Liaison Officers, the Municipal Training Organization and other parties.
The Standing Committee further recommends that the Government of Nunavut, in partnership with appropriate parties, examines 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 possibly 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.
This recommendation was reiterated by the Standing Committee in its March 5, 2012, report on the review of the 2010-2011 annual report of the Information and Privacy Commissioner.
“The Information and Privacy Commissioner met with the Department of Executive in May of 2012.
A discussion regarding her discretion to extend the time for requesting a review took place and both sides felt that providing the Commissioner with this discretion may prove to be beneficial for both the public and the Government of Nunavut.
The Department will include this amendment in any future amendments to the Access to Information and Protection of Privacy Act.”
The Standing Committee recommends that the Government of Nunavut introduce such amendments at the earliest opportunity.
Issue: Development of Health-Specific Privacy Legislation, Electronic Health Records and the Nutaqqavut Health Information System
The country is charging into the era of electronic health records and electronic medical records. Every jurisdiction in Canada, other than Nunavut, has now either passed health specific privacy legislation or is developing such legislation to address the very real privacy concerns raised by electronic 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.
“… 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 her 2011-2012 annual report, the Information and Privacy Commissioner stated that:
“There is, however, still a need to address the special circumstances surrounding personal health information.”
The government’s response to the Information and Privacy Commissioner’s 2011-2012 annual report was tabled in the Legislative Assembly on March 13, 2013.
It stated that:
“As noted in previous years, the Government of Nunavut has very strict privacy directives related to the handling of personal health information in the electronic health records system.
These directives, along with the Access to Information and Protection of Privacy Act, provide strong legislative and regulatory controls over the protection of personal health information.
At this time, there are no plans to create health-specific privacy legislation for Nunavut.”
The issue of health-specific privacy legislation was discussed in detail with both the Information and Privacy Commissioner and Government of Nunavut witnesses during the Standing Committee’s April 18, 2013, hearings.
Testimony from the Government of Nunavut’s lead witness indicated that:
“The complexity of our health records, as you quite correctly pointed out in your  own opening comments, in many jurisdictions now, are calling for legislation separate from their ATIPPs, and that’s because of the broad and general use of electronic databanks for this kind of information.
The necessity that a wide range of health professionals need to have access to your personal medical information has to be balanced against your own desire to keep that information personal and private.
So increasingly, other jurisdictions are looking at other ways to legislatively deal with medical health records and not relying totally on their ATIPP legislation.
To the best of my knowledge, there is a beginning conversation being held around that topic, but this has not reached the point yet of any kind of drafts that have come to our attention.
I do know that consideration is being given to it in terms of at least how are other jurisdictions handling and maintaining the balance between the need of the professional health community and the individual patient.”
The 2011-2012 Annual Report of the Information and Privacy Commissioner raised a  number of concerns regarding the Department of Health’s Nutaqqavut Health
Information System. In her report, the Information and Privacy Commissioner noted
that:
“I completely understand and applaud the goals of this project, and understand the need to gather the information necessary to have healthier children in Nunavut.
I was, however, surprised that, despite the fact that this program has the potential to be highly invasive of personal privacy, there was no attempt to involve my office in the consultation process leading up to the implementation of the program, to address the those privacy issues.”
“The Department [of Health] has also been working on a Privacy Impact
Assessment (PIA).
The PIA will soon be finalized, at which point, the department
will send the PIA to the [Information and Privacy] Commissioner for review and
comment.”
During her April 18, 2013, appearance before the Standing Committee, the Information  and Privacy Commissioner confirmed that she had recently received the Privacy Impact
Assessment concerning the Nutaqqavut Health Information System and would be
meeting with officials from the Department of Health to discuss the initiative.  Standing Committee Recommendation #7:
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 and the management and security of electronic health records.
The Standing Committee further recommends that the Government of Nunavut’s response to this report clarify the extent to which patients in territorial health care facilities are informed of their participation in the Nutaqqavut Health Information System and their privacy rights under territorial legislation.
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 at the earliest opportunity.
However, the extent to which the government complies with this provision continues to be unclear, especially in relation to matters concerning health and social services and the ability of departmental employees and other parties to communicate directly with MLAs.
“The Department of Executive [and Intergovernmental Affairs] met with the Information and Privacy Commissioner to discuss the issue of access to personal records by MLAs who have been asked to assist an individual in resolving a problem they have with the Government of Nunavut (GN).
Both parties felt that creating such operational guidelines may limit the effectiveness of existing procedures for resolving issues between the GN and Nunavummiut.
As accessing records does not usually resolve the issue, we encourage MLAs to assist their constituents in going through the proper channels to resolve any issues they have.
The GN is not trying to limit the ability of an individual to access their personal information, but often, they do not fully understand what their consent under section 48(v) means and what information about them may be released to the MLA with such consent.
We want to ensure the privacy of Nunavummiut is fully respected and issues are resolved in a timely manner in a way that is respectful to all parties involved.”
The Standing Committee recommends that the Government of Nunavut, in its response to this report, formally articulate, in detail, its interpretation of subsection 48(v) of the Access to Information and Protection of Privacy Act.
The Standing Committee further recommends that the Government of Nunavut, in its response to this report, formally articulate, in detail, the process by which it determines whether a resident of Nunavut has provided informed consent in a matter relating to the exercise of this provision of the Access to Information and Protection of Privacy Act.
(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).
In its March 5, 2012, report on the review of the 2010-2011 annual report of the Information and Privacy Commissioner, the Standing Committee recommended that the Government of Nunavut:
“… conduct an interjurisdictional review of analogous provisions in other legislation and that its findings be reported in its formal response to the report of the Standing Committee.
The Standing Committee further recommends that the Government of Nunavut invite the Information and Privacy Commissioner to provide a formal written submission on this issue.”
“We have conducted a jurisdictional scan of the other provinces and territories.
Five jurisdictions have Commissioners with order-making powers while the others act in an ombudsman role where they can offer recommendations to the head of a public body.
New Brunswick and Newfoundland are the only jurisdictions that provide the Commissioner with the ability to appeal a decision of the head of a public body to the courts.
Manitoba has created an adjudicator position to which the Commissioner can request a review of a decision of the head and the remaining five do not allow their Commissioner to play any role in appealing a decision of the head of a public body.
We do not feel that it is necessary to change our legislation to allow the Commissioner the right to appeal a decision of the head of a public body to the Nunavut Court of Justice.”
This issue was discussed in detail with both the Information and Privacy Commissioner and Government of Nunavut witnesses during the Standing Committee’s April 18, 2013, hearings.
“Where the Information and Privacy Commissioner has order[-making] power, it doesn’t make sense.
It’s like appealing their own decision to a higher court and that just doesn’t happen, that’s just not the way things work, but where I make only recommendations it makes more sense for that to be considered.”
The Standing Committee again 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 Standing Committee recommends that the Government of Nunavut reconsider its position concerning the 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.
The Standing Committee confirms its support for existing provisions in the legislation which allow an applicant to appeal a decision made by a head of a public body under section 36 to the Nunavut Court of Justice.
The Standing Committee reiterates its recommendation that the Government of Nunavut invite the Information and Privacy Commissioner to provide a formal written submission on this issue.
Issue: Protection of Personal Information Provided to Third Parties Under the Adoption Act and the Child and Family Services Act
The Auditor General of Canada’s 2011 Report to the Legislative Assembly on Children, Youth and Family Programs and Services in Nunavut noted that:
“The [territorial] Adoption Act requires the Department to consult with the  applicable Aboriginal organization for the child (that is, the Aboriginal
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.
This provides an opportunity for the Regional Inuit Association (RIA) to respond with an alternate plan of care for the child, should it choose to do so.
We found that the files we reviewed contained a copy of a letter to the RIA with the appropriate information.
However, we were informed that the Department has never received a response from an RIA.
Furthermore, when asked during the audit whether they were aware of this correspondence from the Department, two of the three RIAs had no knowledge of it.
The Department has made little effort to follow up with the RIAs to determine why it has not heard back from them.”
The territorial Child and Family Services Act also contains provisions concerning the role of Inuit organizations in relation to such areas as child protection.
The Standing Committee notes that the personal information provided by the government in such circumstances is, by its very nature, likely to be sensitive.
However, it is not 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.
The Standing Committee recommends 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.
DAY 83
Wednesday, May 15, 2013
Pages 4604 – 4647
Opening Prayer 4604
Ministers’ Statements 4604
Members’ Statements 4608
Returns to Oral Questions 4613
Recognition of Visitors in the Gallery 4614
Oral Questions 4615
Written Questions 4629
Reports of Standing and Special Committees on Bills and Other Matters 4630
Tabling of Documents 4631
Motions 4632
First Reading of Bills 4632
Consideration in Committee of the Whole of Bills and Other Matters 4633
Report of the Committee of the Whole 4646
Third Reading of Bills 4646
Orders of the Day 4646
Wednesday, May 15, 2013 4604
296 – 3(3): New Student Funding Options (Aariak) 4604
297 – 3(3): CCME Meeting in Iqaluit (Arreak) 4605
298 – 3(3): Baffinland Work Readiness Training (Ell) 4606
299 – 3(3): NHC Receives $100 Million in Federal Government Funding (Taptuna) 4606
503 – 3(3): Mental Health and Wellness (Aupaluktuq) 4608
504 – 3(3): Hamlet of Arviat’s Programs to Enhance Employment (Shewchuk) 4608
505 – 3(3): Congratulations to Daniel Kavik (Rumbolt) 4609
506 – 3(3): Upcoming Fishing Derby in Hall Beach and Igloolik (Tapardjuk) 4610
507 – 3(3): The Need for Anti-bullying Programs in Schools (Ugyuk) 4610
508 – 3(3): Another Successful Year for Arctic Bay’s 3045 Army Cadet (Elliott) 4611
509 – 3(3): 2013 High School Graduates of Qikiqtarjuaq (Arreak) 4612
510 – 3(3): Appreciation to Pangnirtung Hunters (Oshutapik) 4612
Return to Oral Question 612 – 3(3): School Attendance Policy (Aariak) 4613
654 – 3(3): Tri-territorial Mental Wellness Initiatives (Aupaluktuq) 4615
655 – 3(3): Ministers’ Travel Benefits (Schell) 4616
656 – 3(3): Seismic Testing in Baffin Bay and Davis Strait (Enook) 4617
657 – 3(3): Status of the Affordable Energy Fund (Elliott) 4619
658 – 3(3): Anti-bullying Programs in Nunavut’s Schools (Ugyuk) 4620
659 – 3(3): Government Office Space in Smaller Communities (Rumbolt) 4622
660 – 3(3): Internal Audit of Ministerial Travel (Schell) 4624
661 – 3(3): Status of the Natural Resources Conservation Trust Fund (Aupaluktuq) 4624
662 – 3(3): Administration of the Co-operative Associations Act (Elliott) 4625
663 – 3(3): Training Materials for Unilingual School Counsellors (Enook) 4627
664 – 3(3): Sewage Lagoons in Nunavut (Schell) 4628
665 – 3(3): Public Housing Waiting List (Rumbolt) 4629
028 – 3(3): Management of the M’Clintock Channel and Gulf of Boothia Polar Bear Populations (Ugyuk) 4629
Committee Report 036 – 3(3): Bill 51, An Act to Amend the Child and Family Services Act (Ningeongan) 4630
Committee Report 037 – 3(3): Bill 52, An Act to Amend the Nunavut Teachers Association Act (Ningeongan) 4630
371 – 3(3): BCC Overcrowding Relief Structure Picture (Shewchuk) 4631
372 – 3(3): Government of Nunavut Submission of June 10, 2011 to the National Energy Board Concerning Proposed Seismic Survey in Baffin Bay and Davis Strait (Enook) 4631
373 – 3(3): 2010-2011 Annual Report on the State of Inuit Culture and Society (Aariak) 4631
374 – 3(3): 2011-2012 Annual Report on the Operation of the Medical Care Plan (Peterson) 4631
375 – 3(3): Correspondence from the Auditor General of Canada on the Consolidated Financial Statements of the Government of Nunavut (Peterson) 4632
376 – 3(3): Report on Members’ Absences from Sittings of the House and Meetings of Committees and Caucuses to the Members of the Legislative Assembly of Nunavut for the Time Period of January 1, 2013 to March 31, 2013 (Speaker) 4632
050 – 3(3): Extended Adjournment (Ningeongan) 4632
Bill 64 – An Act to Amend the Liquor Act – First Reading 4632
Bill 51 – An Act to Amend the Child and Family Services Act – Consideration in Committee 4633
Bill 52 – An Act to Amend the Nunavut Teachers Association Act – Consideration in Committee 4640
Bill 51 – An Act to Amend the Child and Family Services Act – Third Reading 4646
Bill 52 – An Act to Amend the Nunavut Teachers Association Act – Third Reading 4646
Speaker (Hon. Hunter Tootoo): Before we proceed with today’s sitting, I would like to ask Mr. Taptuna to lead us in a prayer, please.
Speaker: Thank you and good afternoon, members.
Again I ask you to bear with me. Unlike Minister Kusugak’s tie, it’s not here today, but my sore throat still is.
Also, I would like to inform members that we only have two pages today. So we will try and just keep them for services here in the Chambers, not running upstairs.
Minister’s Statement 296 – 3(3): New Student Funding Options (Aariak)
Hon. Eva Aariak (interpretation): Good afternoon, Mr. Speaker. Thank you.
I will read my statement in English.
(interpretation ends) Mr. Speaker, I rise today to inform my colleagues about an important change that will affect Nunavut students and learners starting this fall.
In the past, the Financial Assistance for Nunavut Students, or FANS, program funded some Nunavummiut pursuing skills training and upgrading, as well as those taking post-secondary education.
In 2006, the Office of the Auditor General’s audit made it very clear that FANS needed to clarify which programs met the definition of post-secondary education to determine which students qualify for FANS.
In response, the department’s review of the FANS program led to a clear definition of post-secondary education to ensure compliance with the Student Financial Act and Regulations that govern distribution of FANS and the Auditor General’s recommendations.
This means that some programs that were formerly funded under FANS are no longer eligible.
Mr. Speaker, to accommodate this change, the government has created a new funding program called ALTS, known as Adult Learning and Training Supports.
This funding will help students in shorter term career development programs, such as skills enhancement, apprenticeship, technical trades training, or employable skills training.
The ALTS funding enhances funding that is also available through the Canada-Nunavut Labour Market Agreement (LMA) and Labour Market Development Agreement (LMDA). All of these funding sources have specific client eligibility criteria, so it is very important for adult students seeking supports to pursue training to discuss their options with our staff in order to best understand what opportunities exist for them individually.
We are planning a major communications campaign on this in the coming months to help Nunavummiut understand and access the proper funding.
The first phase of this campaign will be launched within the next few weeks.
Mr. Speaker, both of these programs will now be delivered by the new Department of Family Services, while the governance aspect remains with the Department of Education.
We will work closely to provide timely and responsive service to our clients. As the Government of Nunavut moves forward to ensure fiscal responsibility, clear program eligibility, and compliance with the Auditor General’s recommendations, we are committed to supporting Nunavummiut in pursuing their academic, training, and employment goals.
Minister’s Statement 297 – 3(3): CCME Meeting in Iqaluit (Arreak)
Good afternoon, people of Nunavut, Qikiqtarjuaq, and Clyde River.
Mr. Speaker, I am pleased to advise this House that Nunavut will be hosting a meeting of the Canadian Council of the Ministers of the Environment, also referred to as CCME, in Iqaluit this coming August.
This year, as chair of CCME, Nunavut will have the opportunity to showcase our beautiful territory and its unique environment.
CCME is comprised of environment ministers from all of Canada’s federal, provincial, and territorial governments.
The ministers meet at least once a year to discuss national environmental priorities and share best practices for achieving positive environmental outcomes.
CCME aims to assist its members to meet their mandate of protecting Canada’s environment. It serves as a principal forum for members to develop national strategies and guidelines that can be used across the country.