Debates of February 26, 2019 (day 61)

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Committee Report 13-18(3): Report on the Review of Bill 31: Northwest Territories 911 Act

Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of Bill 31: Northwest Territories 911 Act, and commends it to the House.

The Standing Committee on Government Operations ("the committee") is pleased to report on its review of Bill 31: Northwest Territories 911 Act.

Bill 31, Northwest Territories 911 Act, sponsored by the Department of Municipal and Community Affairs, has been referred to the Standing Committee on Government Operations for review. The bill proposes to:

Direct the Minister of Municipal and Community Affairs to establish a territorial 911 service;

Bind the Government of the Northwest Territories;

Establish a 911 cost-recovery fee to be paid by local landline and wireless/mobile subscribers and collected by telecommunications carriers;

Mandate the participation of local authorities and emergency service providers; and

Mandate the participation of telecommunications carriers, who will be required to comply with any prescribed registration and reporting requirements, and who will also be required to bill subscribers, collect the fee, and remit it to the GNWT.

In 2015, the Department of Municipal and Community Affairs commissioned a report by Pomax Consulting, a firm headquartered in Ontario that provides independent emergency service consulting expertise to public governments at all levels and to public safety organizations. That report, which presented recommendations and an implementation plan for a territory-wide 911 service, was completed in January 2015. The report found that the Northwest Territories was well positioned to move forward with the implementation of basic 911 service.

Basic 911 service requires the caller to verbally identify the location from which they are calling, unlike enhanced 911, which uses automated number identification technology. With this in mind, basic 911 service was confirmed by the consultant to be the most cost-effective and timely option available for implementation in the Northwest Territories, provided it was done in partnership with an existing NWT emergency dispatch service provider. The consultant also noted that implementation of a basic 911 service would avoid the considerable technology, cost, and timing challenges associated with enhanced 911, which was rapidly becoming outdated and would not preclude the Northwest Territories from moving directly to next-generation fibre-optic 911 technology in the future.

In May 2015, MACA presented the Pomax report to the 17th Assembly Standing Committee on Economic Development and Infrastructure which, at that time, had responsibility for the oversight of MACA. The Department also committed to working with the City of Yellowknife to validate cost and planning assumptions associated with a proposal to house 911 with the Yellowknife Fire Department. In September of the same year, Pomax Consulting delivered an addendum to their original report, which updated the cost estimates for the proposed service. For those who are interested, both reports are available online.

Subsequent to the commencement of the 18th Legislative Assembly in November 2015, responsibility for the oversight of MACA was transferred to the Standing Committee on Government Operations. Since the outset, this standing committee has taken a keen interest in 911 and has advocated for its implementation. Members were briefed on the department's work, including the planning work related to the establishment of a 911 emergency service in the Northwest Territories.

Members were, therefore, disappointed to note that funding for the implementation of 911 emergency service was not included in the GNWT's 2016-2017 Business Plan, which stated only that "research has been completed on 911, and the initiative is under consideration as a future strategic priority of the GNWT."

At the conclusion of the 2016-2017 Business Plan review, the committee expressed the view that the value and life-saving potential of a 911 system in the NWT far outweighs the relatively small investment of costs set out in the Pomax report, which identified one-time start-up costs of $616,100 and ongoing annual operational costs of $869,300. Committee urged the department to move forward with the implementation of 911 without delay.

On the basis of the costs identified in the Pomax report, committee also supported implementation of basic 911 service on a full cost-recovery basis, which would require a monthly user fee estimated at approximately $1.15 per subscriber. Committee took note that this fee, according to Pomax, "is noticeably higher than the rest of Canada" and "likely attributable to the low volume of phone subscribers in the North." For comparison purposes, the monthly user fee in Newfoundland and Labrador was, at the time, $0.75, the fee in Prince Edward Island was $0.70, and in Saskatchewan, $0.62.

It is important to note that the fee estimate is exclusive of any tariff authorized by the Canadian Radio-television and Telecommunications Commission (CRTC). This additional tariff, if approved by the CRTC, may be collected by an incumbent service provider, in this case NorthwesTel, for costs associated with implementing and maintaining a 911 network, including trunk lines, selective routing software, and lines terminating at the dispatch centre. As yet, these costs are unknown, but were estimated in 2015 to potentially add an additional $0.27 to $0.47 to each subscriber's monthly user fee for 911. The potential impact of these additional costs has been factored into committee's assessment of the bill.

The Department of Municipal and Community Affairs has continued to be responsive to the standing committee's requests for information related to this initiative. In March 2018, the Honourable Minister of Municipal and Community Affairs and the Honourable Minister of Health and Social Services met with committee to update Members on the decision to co-locate the 911 dispatch centre with Med-Response, the service currently being used by the GNWT for the dispatch of medevac flights for residents in need of urgent medical care, rather than with the Yellowknife Fire Department.

Additionally, committee was most pleased to note the inclusion of funding in the department's 2017-2018 budget, and in each subsequent budget, for costs associated with the planning and implementation of 911. The committee wishes to take this opportunity to thank the previous Minister of Municipal and Community Affairs and the current Minister of Municipal and Community Affairs for their willingness to work with committee on this initiative. Committee also thanks all Members of Cabinet for their responsiveness to the committee's requests for funding of this initiative, despite it not having been identified in the government's mandate.

Bill 31 received Second Reading in the Legislative Assembly on November 1, 2018, and was referred to the Standing Committee on Government Operations for review. It was with great anticipation that the committee started its review of Bill 31, the results of which are reported below.

Mr. Speaker, I would now ask to turn the reading of this report over to the honourable Member for Nunakput. Thank you.

Speaker: DEPUTY SPEAKER

Member for Nunakput.

Thank you, Mr. Speaker. I have a proper copy here now.

To commence its review of Bill 31, the Standing Committee on Government Operations sent letters inviting input from an extensive list of stakeholders, including all municipal and Indigenous governments in the Northwest Territories, and a number of non-governmental organizations.

During the week of January 21, 2019, the committee travelled to and held public meetings in Fort Smith, Inuvik, and Fort McPherson, returning to Yellowknife for a final public meeting on January 24, 2019. Committee thanks every individual and organization who attended these meetings in order to share their views on 911 with the Members.

The support that committee heard for 911 could best be characterized as "mixed." The City of Yellowknife commended the GNWT for contemplating Bill 31, noting that the "implementation of a 911 system quite simply saves lives," and that it "achieves this by eliminating any doubt or delay regarding the correct number to call in an emergency." The City of Yellowknife also noted that "as tourism increase[s] the numbers of visitors to our city, it is becoming increasingly important to have a 911 system that is recognized by travellers worldwide, to ensure that emergencies are reported in a timely manner to avoid adverse consequences."

Not all comments were as supportive, however. Mr. Bill Buckle, senior administrative officer for Fort McPherson, said, "I hate to say it, but it's really more of a Yellowknife problem with a Yellowknife solution."

Mr. Clarence Wood, current president of the NWT Association of Communities, with 20 years of experience on Inuvik Town Council, told the committee that he is concerned about the cost of the service and its efficiency. He posed the question, "Why pay for something when we don't have cell service across the territory?"

In general, committee heard qualified support for bringing 911 emergency service to the Northwest Territories. Most people who supported it saw the value in having a universal emergency number across the Northwest Territories, but were not prepared to subsidize the service at any cost.

Mr. Dez Loreen of Inuvik said he thought it was "cool" that 911 is coming to the Northwest Territories. He noted that he would be comfortable paying a surcharge, but wondered if the service could be introduced in a staged fashion, so that only those who have access would have to pay.

A comment made by Ms. Anna Kikoak of Fort Smith resonated with committee members. She said, "One of the things that ties us together in the North is that we take responsibility for one another; I would be willing to pay a little more [for 911] to help others."

From the input received, committee took away the message that people were prepared to pay a user fee for 911 service, but that costs should be kept as affordable as possible for the end user in these difficult economic times.

Mr. Speaker, I would like to pass it over to the Member for Sahtu.

Speaker: DEPUTY SPEAKER

Member for Sahtu.

Thank you, Mr. Speaker.

Committee heard comments about the limitations of the current cellular service in the Northwest Territories. In Fort McPherson, Mr. Richard Nerysoo pointed out that cell service is sporadic around town and that smaller communities won't benefit from 911 if they don't have the infrastructure. Mr. Buckle suggested that maybe it would be better to spend the money on expanding cell service on the highway. The Hamlet of Tulita wondered if the GNWT was preparing to lobby Bell Canada to encourage them to install more cellphone towers along existing highways. In developing its recommendations to government, committee considered this input in the context of the future growth of the Northwest Territories.

Mr. Buckle, drawing on his experience as the senior administrative officer for Fort McPherson, noted that it will be important for MACA to have an assessment of what infrastructure is needed in each community before implementing 911.

Mr. John Itsi, an elder in Fort McPherson, emphasized how important training is, not only for implementing the 911 system, but for everyone who is involved in emergency response.

Mr. Grant Hood, senior administrative officer with the Town of Inuvik, noted that Inuvik currently uses a 24-hour-per-day external call centre, and wondered if this system would become redundant with 911.

In a submission received from Tulita, the Hamlet Council noted that its understanding that small, remote communities, such as Tulita, may never be fully 911 compliant, because there is not a full need for the service. "After all," the submissions observed, "a resident shouldn't call 911 and request an ambulance if there isn't an ambulance in the community." With that said, the community noted its willingness to take steps to become 911 compliant by implementing a civic addressing system with standardized street signage and house number, but noted the need to make "special one-time funding and resources available to the communities in aid of this transition."

The City of Yellowknife pointed out that it currently operates a dispatch service receiving calls for fire, ambulance, and other emergency situations and that the proposed Northwest Territories 911 Act will bind the participation of the city as a local authority, which will be the case for all local authorities in the Northwest Territories. The city also expressed its concern about any increased cost of living for residents. On this basis, the city made clear its position "that the GNWT must undertake detailed consultation with the City of Yellowknife to ensure successful implementation of 911 services," and that "the GNWT must fund any costs incurred by the City of Yellowknife as a result of the transition to a 911 system, such as incremental costs incurred as a result of any necessary improvements to the Yellowknife fire dispatch and telephone network costs that are not covered by the 911 fees charged on monthly phone bills."

When questioned by committee, representatives from the City of Yellowknife indicated that they would be interested in participating in an implementation working group. They also noted that their discussion with MACA on the subject was in the spring of 2018 when the city was advised of government's decision to co-locate 911 services with Med-Response.

The concerns raised by those representing municipal authorities and those who have experience working for them demonstrates that there is a great need for information about the implementation and the operation of the proposed 911 system on the part of local governments.

At this point, I would like to pass the reading on to the Member of Kam Lake. Thank you.

Speaker: DEPUTY SPEAKER

Member for Kam Lake.

Thank you, Mr. Speaker.

Committee heard a number of questions from the public. People were interested in knowing how the system will work. They asked whether the government intends to get rid of the existing emergency numbers. They asked whether there are any communities in the Northwest Territories using 911 right now.

There was also a recognition of the benefit that 911 would bring for tourists visiting the NWT and for travelers to other communities. However, committee was cautioned that information for the public should ensure that people are made aware that 911 will not work on those parts of the highways where there is no cellular service. One of the elders in Fort McPherson stressed the importance of uncovering and upgrading the kilometre marker signs on the highways.

Committee is aware that MACA has been developing public information, the release of which will be timed to coincide with the launch of 911.

Committee initially supported a full cost recovery approach to funding 911 based on the basis of the estimates set out in the September 2015 Addendum to the Pomax report. Since that time, a number of events have occurred. Significant assumptions in the report have changed, including the decision to co-locate the service with Med-Response. Committee has consulted with the public on the Bill. As well, the department has confirmed that key information related to the budget estimates for the 911 service are based on proprietary information that has not yet been confirmed. This includes the estimated number of devices the fee estimate is based on and the amount of the additional CRTC-approved charge that may be levied on users by the incumbent telephone company to cover its costs for systems operation and fee collection.

Committee developed a proposal to amend Bill 31 that would see user fees capped at no higher than $1.70 per subscriber per month for the first three years of the operation of the 911 service. This is figure is significantly higher than the original $1.15 quote and it is at the higher end of the range of $1.35 to $1.77 per subscriber per month quoted on the department's web site.

The cap will allow for the Department of Municipal and Community Affairs to compile at least two years of actual operational data. This data can then support an informed discussion about whether NWT residents should pay the full cost of 911 through user fees, or whether the GNWT should consider subsidizing the service on an ongoing basis to keep user fees in line with the fees in other Canadian jurisdictions.

The cap is designed to sunset after three years, making it a temporary measure. Should the 19th Legislative Assembly wish to continue to cap the user fee, the legislation would need to be amended. This proposal gives committee some comfort that they haven't supported full cost recovery being passed to an end user in the absence of full and substantiated operational program costs.

Committee notes that, with the emphasis placed by the GNWT on the development of the Northwest Territories highway infrastructure, through projects such as the Tlicho all-season road, the Mackenzie Valley Highway, and the Inuvik-Tuktoyaktuk Highway, the demand for cellular service in the Northwest Territories is only going to grow over time. Committee also notes that increased cellular coverage will be vital to ensuring motorist safety on NWT highways in the future. Accordingly, the committee makes the following recommendation.

The Standing Committee on Government Operations recommends that the Department of Municipal and Community Affairs work with the Department of Finance to develop a strategic approach designed to secure support and funding to expand cellular coverage in the Northwest Territories, as part of a national cellular network.

Committee recommends that this strategic approach identify current cellular coverage, along with funding needs and goals for future cellular coverage, and timelines associated with system improvements. Committee further recommends that this strategic approach consider appropriate ways to involve the Government of Canada, the Canadian Radio-television and Telecommunications Commission, and large cellular service providers such as Telus and Bell Canada in any system-improvement efforts.

Mr. Speaker, at this point, I would like to request the reading of this report be continued by the honourable Member for Deh Cho. Thank you.

Speaker: DEPUTY SPEAKER

Member for Deh Cho.

Thank you, Mr. Speaker.

Committee clearly heard that community governments are concerned about the financial and operational impacts of implementing territory-wide 911. The City of Yellowknife correctly points out the Bill 31 mandates the participation of local authorities in the operation of the 911 service, yet this appears to be inconsistent with the information provided on MACA's website and reported in the media that participation is optional. It is important that MACA update all of its public information on 911 to be consistent with the provisions contained in the version of the Act that receives assent.

Committee notes the information contained in the Pomax report indicating that civic addressing is not a requirement for basic 911. Committee understands that this is one of the reasons the GNWT chose to move forward with basic, rather than enhanced, 911. Nonetheless, the Hamlet of Tulita is of the understanding that civic addressing is a necessary step to becoming 911 compliant, and it is likely that other small communities share this understanding. MACA confirmed for committee that the department has planners available to assist communities with street names and addressing, as noted by Tulita in its submission. It is important that MACA ensure that communities are clear in understanding the relationship between the basic 911 system being implemented and the role of civic addressing.

Committee heard that communities are concerned about their implementation costs, yet the department has been quoted as saying that there will be no costs to communities. It is important for MACA to have a dialogue with communities about the implementation of 911 to ensure a shared understanding of the costs that will be incurred as a result of implementation, and how those costs will be handled.

The questions that committee heard, and the apparent inconsistencies in understanding about what 911 will require, raise concern as to whether the department has done the necessary planning and communication to ensure that their local government partners will have the knowledge required to confidently meet a June 2019 go-live date. When asked by committee if the City of Yellowknife was prepared for a June go-live date, Mayor Rebecca Alty replied that it remained to be seen. She also indicated that the City would be interested in participating on a working group.

To ensure successful implementation, direct and extensive involvement by MACA of all local governments in the implementation of 911 will be vital. As anxious as committee members may be to see 911 implemented, they caution the department to take the time needed to launch the service correctly.

The Standing Committee on Government Operations recommends that the Department of Municipal and Community Affairs develop a detailed municipal implementation plan that sets out the information and supports needed by each local authority to ensure successful implementation of NWT-wide 911 service.

The standing committee further recommends that this implementation plan identify a realistic timeframe for discussion with local authorities and that the department be prepared to adjust the go-live date to a later date, if necessary, to accommodate the consultation needs of local authorities.

It is important that all residents of the Northwest Territories and all visitors to the Northwest Territories understand how the 911 system is intended to work, the relevant operational dates, and the responsibilities of individual system users.

The committee recognizes that the department is in the process of developing a communications campaign aimed at developing public awareness. Committee strongly encourages the department to review its currently available public information to ensure that it is consistent with the provisions of the Northwest Territories 911 Act as assented to by this House.

With respect to the provisions in the bill, clause 7 of Bill 31 makes it an offence for anyone to use an automatic dialer to place a 911 call. This offence is subject to a fine of up to $500. Committee was concerned that members of the public might not be familiar with the term "automatic dialer" and could misunderstand clause 7 as a prohibition against using the speed dial function on one's phone. An automatic dialer is an electronic device or software that automatically dials telephone numbers for the purpose of playing a pre-recorded message. Placing these types of calls, a practice referred to as "robo-calling," is often associated with political and telemarketing phone campaigns, but can also be used for public service or emergency announcements. Committee proposed an amendment to clause 7 of Bill 31 providing that, for greater certainty, an automatic dialer is not to be confused with the speed dial function on a personal phone or alarm.

Committee also considered the importance of public information being made available by the Department of Municipal and Community Affairs, to allow for a better public understanding of how the 911 system is working and being used in the Northwest Territories. As a result, committee proposed an amendment to Bill 31 to require mandatory annual reporting on the 911 service. The motion sets out the information that committee members would like to see included in the annual report, including: the total number of 911 calls received in each official language and from each community or region of the Northwest Territories; the total funds collected through imposition of the cost recovery fee; a breakdown of the operational costs of the service; and information regarding the performance of the service.

Mr. Speaker, I now pass the floor back to the honourable Member for Kam Lake, Mr. Kieron Testart.

Speaker: DEPUTY SPEAKER

Member for Kam Lake.

Thank you, Mr. Speaker.

The clause-by-clause review of the bill was held on February 21, 2018. At this review, the committee moved the following motions:

Motion 1: That Bill 31 be amended by adding the following after subclause 4(4):

Subclause 4(5) - [Limit on cost recovery fee amount]:

For a period of three years following the coming into force of this section, the cost recovery fee established under subsection (1) shall be no more than $1.70 per month. The honourable Minister of Municipal and Community Affairs concurred with this motion, and the motion was carried.

Motion 2: That Bill 31 be amended by adding the following after subclause 7(2):

Subclause 7(3) For greater certainty, subsection (1) does not prohibit a person from programming the number 911 on any speed dial feature of any communications device.

The honourable Minister concurred with this motion, and the motion was carried.

Motion 3: That Bill 31 be amended by adding the following after clause 11:

REPORTING

11.1.(1) For the purposes of this section, "Official Language" means a language referred to in section 4 of the Official Languages Act.

(2) The Minister shall, within 90 days following the end of each fiscal year, table a report of the NWT 911 service in the Legislative Assembly,

which includes, for the preceding fiscal year,

(a) the total number of 911 calls received, including the number of calls received

(i) in each Official Language of the Northwest Territories,

(ii) from each community or region of the Northwest Territories, and

(iii) in each month of the preceding fiscal year;

(b) the total funds collected through imposition of the cost recovery fee;

(c) a breakdown of the operational costs of the service; and

(d) information regarding the performance of the service.

The honourable Minister concurred with this motion, and the motion was carried.

This concludes the Standing Committee on Government Operations' Review of Bill 31. Committee wishes to thank the honourable Minister for his concurrence with the motions to amend the bill that were moved during the clause-by-clause review. Committee also thanks Cabinet for its support of and funding for this important initiative.

The Standing Committee on Government Operations recommends that the Department of Municipal and Community Affairs provide a response to the recommendations contained in this report within 120 days.

Following the clause-by-clause review, a motion was carried to report Bill 31, Northwest Territories 911 Act, as amended and reprinted, as ready for consideration in Committee of the Whole.

The committee thanks the public for their participation in the review process and everyone involved in the review of this bill for their assistance and input.