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ACT AMENDMENTS — Highways and Public Works Min- ister Richard Mostyn says changes suggest lower fees, expanded powers for staff facilitating the release, and the overall development of a different attitude toward releas- ing information. Inset Brad Cathers

YG proposes changes to accessing information

The Yukon government released a set of proposed changes to the territory’s rules governing public access to information Wednesday,

By Palak Mangat on May 25, 2018

The Yukon government released a set of proposed changes to the territory’s rules governing public access to information Wednesday, offering up nine key areas for improvement – and it wants your thoughts.

A public survey allowing residents to comment on the proposals will run until July 20.

That means amendments to the existing Access to Information and Protection of Privacy Act could be made as early as the fall.

The proposed changes suggest lower fees, expanded powers for staff facilitating the release, and the overall development of a different attitude toward releasing information.

That’s according to Highways and Public Works Minister Richard Mostyn, who said Wednesday it’s high time the government updated its rules.

“I’m a person who’s always been very involved and interested in making sure that government information is in the public knowledge,” the minister said, referencing his many years as a reporter and editor with the Yukon News.

“It’s an issue that’s near and dear to my heart,” he continued.

One of the proposed changes and the first one listed is proactive publication – meaning information that is most often or commonly requested by the public could be automatically released without any formal requests.

Mostyn said he could not provide specific examples as to which types of data this could include, as well as the criteria or standards needed to determine this.

But he said it would be spelled out in the new legislation.

“This process, this engagement, is going to help define some of that,” Mostyn said.

With so much information that the government generates, he added, it’s a difficult question to answer. Things like final audit reports may be an option, he said when pressed.

Ultimately, though, he noted, it would “look like more info put before the public in a more timely fashion.”

While the Yukon Party supported the idea of proactive disclosure, it said making a legislative change seemed like a misdirected effort.

“You don’t need to change the legislation to change the behaviour,” opposition MLA Brad Cathers said Thursday, adding that verbal direction to staff could achieve the same result.

“It isn’t a bad thing, but it’s not necessary,” the Lake Laberge MLA continued.

Revealing details about conversations with federal ministers, for instance, could go a long way in ensuring transparency within the Liberal government, Cathers said.

“We don’t have a lot of confidence it’s going to achieve the improvements that they claim it will,” he said, noting that conversations about cannabis legalization and carbon pricing policy could be made public.

“It’s really hard to swallow, the argument that they’re going to improve transparency,” Cathers continued.

He pointed out that details and updates of the more-than $400 million worth of infrastructure funding applications to the federal government through the National Trade Corridors Fund were either delayed or not received.

The government, meanwhile, also hopes to change the fee structure that comes with filing an ATIPP request.

Currently, Mostyn estimated, about $10,000 is spent on requests. While he admitted that amount was relatively low, “we can make sure that ATIPP is not a burden to people.”

He continued that authority to waive the fee in part or entirely could be given to the records manager.

“Maybe a single mom can’t afford $50,” Mostyn said, noting that the current legislation is unclear about that authority.

The logistics for government employees can be a “nightmare” as well, he said. That’s why allowing Yukoners greater control of their personal information could be helpful.

The new rules could see a centralized area where people can go to update personal data held by multiple government agencies – so information can be shared easily between the Departments of Health and Education, for instance.

Mostyn said the technical details of how this would work are still being determined.

However, he said the long-term goal is to have a central online portal of sorts to avoid the current state of “working in silo.”

His government is also proposing to expand the role of the Office of Information and Privacy Commissioner, which Mostyn likened to a “facilitator but not an enforcer.”

He mentioned the possibility of a “public interest override,” meaning the head of a public body could grant access to information in extenuating circumstances, and that decision could be reviewed by the office.

“If it was denied, it’d be denied,” he said of the current rules governing the act, adding “we couldn’t reverse that even if somebody’s life were at stake.”

Meanwhile, the opposition party remains skeptical of some of the suggestions, saying a more surgical look will be needed when the minister tables the legislation.

Cathers told the Star that “the devil is in the details” with the government, adding the fine print in the legislation may leave the act open to abuse.

“For example, the changes that allow them to not release information because they deem a request too broad, that is one that depending on the fine print, looks to us like it could be open to potential abuse of direction coming from cabinet or premier’s office.”

The criteria of what is too broad will not be written into legislation, but rather put in another form of government policy – leaving it open to interpretation and direction, Cathers said.

“We just don’t know that that’s the intent of that clause, but the question is what exactly the fine print will be in that area,” he added.

The minister assured that an overall, guiding principle has been to change the culture in government.

“The culture was to provide only the barest minimum of information unless asked or forced to – really the opposite is the way it should’ve been handled,” Mostyn noted.

Mostyn said he hopes the proposed changes ultimately result in greater participation in government, and encourage innovation and the promotion and protection of human rights.

Most of all, he continued, it’s about delivering on a 2016 election campaign promise.

“This government wanted to make more information available to citizens of the territory while modernizing the legislation,” the minister said.

The proposed changes come from a 2016 survey that Mostyn noted showed Yukoners want a more open and transparent government.

That feedback, as well as a review by the Information and Privacy Commissioner and Yukon government employees’ experiences, combined to guide the proposals.

The public survey will accept feedback for 60 days, Mostyn said, noting “that’s enough time to solicit public feedback and work it into the legislative agenda” for the fall sitting.

It will remain open until July 20, and can be taken online. A hard copy can also be requested by calling 1-800-661-0408, ext. 5128.

Comments (3)

Up 4 Down 0

Groucho d'North on May 27, 2018 at 3:08 pm

Information is ammunition. It can be used for a variety of purposes. I imagine government will continue to evaluate information requests with a sharp eye to restrict anything that will not favour the administration of the day.

Up 2 Down 0

Doug Ryder on May 26, 2018 at 8:10 pm

Mr. Mostyn should be commended for his genuine intent. A freer flow of information with an eye to increased transparency is in the public interest. However, legislated change is dangerous and can produce wildly unpredictable results. It would place the power of interpretation in the hands of an unelected and unaccountable judiciary who have by necessity of their function little regard for the consequences of their decisions.

There is also the potential for chaos. The free flow of information can lead to increased conflict between parties and a decline in the quality of information retained along with a general dumbing down of information systems. Privacy protection must be paramount. Especially so in our adversarial sociopolitical-economic system.

Up 4 Down 1

north_of_60 on May 25, 2018 at 4:49 pm

If you are going to report an on-line government survey, then it would be useful to provide the link to it in the article, n'est-ce pas?

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