SOMBA K'E/YELLOWKNIFE
The territorial government is failing to meet legislated deadlines for information requests from the public, according to a report tabled in the legislative assembly Feb 12.
Daryl Dolynny, Range Lake MLA, says unreasonable delays discourage access to information requests. |
Under the territory's Access to Information and Protection of Privacy Act, the government must provide an initial response to access to information requests within 30 days. In some instances, however, the government is taking as long as six months to respond, said Elaine Keenan Bengts, information and privacy commissioner for the Northwest Territories.
"The 30-day response period is in the Act for a reason. It's not a goal, or a suggestion," wrote Keenan Bengts in her 2013-14 annual report. "It is a requirement."
If the response is delayed or if the response received is not satisfactory, the applicant can ask the territory's information and privacy commissioner to review the decision.
The legislation was enacted in the territory in 1994 as means to increase government accountability to citizens. People can request anything from e-mails to internal government reports, which the GNWT is required by law to keep on file.
According to her 2013-14 report, Keenan Bengts received 12 complaints related to access to information requests. In seven of those instances the government failed to respond within the legislated time frame.
Although there are narrow circumstances where the government may be exempt from the 30-day time frame, Keenan Bengts told Yellowknifer on Wednesday the reasons offered by each department did not meet the required standards.
"My concern in most of those cases was the length of the extension of time and that the public bodies didn't go through the right process to take that extension of time," she said.
The government received a total of 810 information requests in 2012-13, the last year available on record.
Based on Keenan Bengts findings, the legislative assembly's standing committee on government operations made a series of recommendations to improve response times, including the implementation of a policy which prioritizes information requests; training more people to handle requests within departments and using redaction software, which automates the censoring of sensitive information.
Keenan Bengts said that the health, justice and education departments, which traditionally receive the highest number of requests, should hire someone whose primary responsibility is access to information requests.
Range Lake MLA Daryl Dolynny, who is a member of the standing committee on government operations, said he regularly receives complaints from constituents over the delays associated with access to information requests.
He also experienced delays firsthand when he made an information request regarding the construction of the GNWT's new office building on 49 Street.
"It literally took months and I'm an MLA for crying out loud," he said. "You wonder why you don't get many requests, it's because it's frustrating."
The number of complaints tends to fluctuate from year to year. So far Keenan Bengts said she has received just a few for the 2014-15 fiscal year. The numbers do not reflect requests which have been outright denied by government departments and appealed to NWT Supreme Court.
Keenan Bengts said despite her concerns, the NWT fares better than most other jurisdictions in Canada, especially the federal government.
Information requests come from all walks of life, she said - from concerned residents to disgruntled GNWT employees, to unions, media and private businesses.
Regardless of who is making the requests, Keenan Bengts said the ability to access government information is fundamental for a healthy democracy.
"The fact of the matter is accountable government is responsible government," she said. "It's part of our democratic process."
