Thank you, Mr. Speaker. As part of our education courses for home-ownership clients, we do provide information on the importance and need for home insurance. As all Members know and residents know, that is a big investment for any family, and we want to make sure that they are provided the services and are able to have that insurance should something happen to them. We are working with our financial partners, though, Mr. Speaker, to look at areas such as financial literacy and also increasing the accessibility on insurance coverage for our residents and exploring options around discounts on the cost of insurance plans. I would also want to let the Member know that this past weekend we did sit down with the district office managers and board chairs and members to address this issue, and they brought it up, and I did let the board chairs know that all MLAs within this government have been bringing up housing issues, and this is one of them that we are looking at addressing.
The second question is: does the Northwest Territories Housing Corporation deny public housing applicants who do not qualify for tenants' insurance?
Before anything, we always try to provide the best services for our residents and tenants that reply for housing throughout the Northwest Territories. We give all of our residents every opportunity to stay in their homes. We do not deny public housing applications to those who can't afford insurance. We strongly recommend that public housing tenants do get insurance, though, and we work with our partners to try to address that.
It is also mentioned in the lease agreements that tenants are advised to obtain some type of insurance moving forward, not only for the housing complex, but for their own assets that they have. We continue to work with our tenants to provide the education that is needed moving forward.
Has the Northwest Territories Housing Corporation done any analysis to determine what its annual losses might be if it provided these programs to low-income clients without the need for homeowners' insurance? In other words, is the valley of investment so high that it is worth denying low-income clients who need home ownership assistance just because they don't have insurance?
The majority of our programming for homeowners do not require home ownership insurance. Also, many of our low-income homeowners will not be denied our programming if they do not have insurance. As I said earlier, we want to make sure that our residents and people of the Northwest Territories have an opportunity to have a roof over their heads. However, we really do want to see homeowners having up-to-date insurance on their homes, as many of us do.
We do have two programs, CARE Major and CARE Mobility, where we do require homeowners insurance, and it goes back to the Member's question earlier. We need to get that education out, and we need to make sure that our managers and our board members give that information to residents of the Northwest Territories. This is due to the fact that these programs provide a considerable amount of financial assistance, up to $100,000.
I will make a commitment here, that we will start working on getting that information out. As I said, last weekend was the first time that we did meet with the board chairs, the first time ever, and also with our district managers. It is ground-breaking. I mentioned, and our staff mentioned, that we do need to get that information out to our residents, so that they know what kind of programs they can access.
Masi. Member for Deh Cho.
Thank you, Mr. Speaker. Has the Northwest Territories Housing Corporation considered any alternatives, like allowing applicants to use some of the funds they receive to purchase homeowners insurance, or what about organizing group insurance for low-income clients through the district office; perhaps the idea of a credit union? Mahsi.
Really quickly, we are working with our partners to see what options are out there that allow our clients to face fewer barriers around insurance. I think that education is going to be a part of that. We need to work with our financial partners to address this. I think that, moving into the 19th Assembly, because we are right on the tail end of this session, that is something that we need to look at addressing. Members coming into the 19th, I think, should continue to have these types of questions moving forward for our residents across the territory. Thank you, Mr. Speaker.
Masi. Oral questions. Member for Frame Lake.
Merci, Monsieur le President. My questions are for the Minister of Health and Social Services regarding the development of a national pharmacare program. First, could the Minister explain what our role was in relation to the national Advisory Council on the Implementation of National Pharmacare, and what our role will be going forward, especially with regard to prescription drug costs and improved health outcomes? Mahsi, Mr. Speaker.
Masi. Minister of Health and Social Services.
Thank you, Mr. Speaker. With respect to the national Advisory Council on the Implementation of National Pharmacare, we did have an opportunity to make presentation to the council, and we outlined the challenges of providing healthcare in the Northwest Territories. We outlined the different public benefit plans that we administer here in the Government of the Northwest Territories, our Extended Health Benefits. We talked about the trends over the last ten years so that they could see where some of the usage is or uptake in some of the prescription drugs that are being utilized here in the Northwest Territories. We also had an opportunity to share some observations of what we would like to see in a pharmacare plan for Canada.
We also had an opportunity, through the federal-provincial-territorial Ministers of Health meetings, to identify an FTP working group of staff that also had an opportunity to compile more information and make sure that the NWT perspective was included and share that with the advisory council through that means, as well.
I imagine that pharmacare is going to become an election issue at a federal level in this upcoming election. There is no pharmacare plan in place today. The federal government did get the report. We are watching very closely to see how they proceed with that. Regardless, Mr. Speaker, at the same time, the GNWT does actually participate in the Pan-Canadian Pharmaceutical Alliance, which basically conducts joint provincial, territorial, and federal negotiations for brand name and generic drugs in Canada to achieve greater value. We are trying to do things to help control and reduce costs of drugs.
I look forward, personally, to seeing a pharmacare plan in Canada. We are the only first-world country with a medicare plan that doesn't have pharmacare, and I think that it is time that the federal government in this country stood up and moved forward with pharmacare. Thank you, Mr. Speaker.
I want to thank the Minister for that and his personal interest and commitment on moving this forward. Our Extended Health Benefits plan is based upon a list of medicines that are approved. The national proposal has developed an initial formula of essential drugs by 2022 and a full list by 2027. Can the Minister explain how this list will apply to the NWT, and whether we will need to maintain a regional supplementary formulary to address any of our special needs?
The national Advisory Council on the Implementation of National Pharmacare Report actually did include some recommendations as to what measures that the federal government should take with respect to a formulary. This advice, obviously, is going to be considered by the Government of Canada on how best to implement national pharmacare. If it does move ahead, and if there is a national formulary list, the NWT will have an option to maintain a regional supplementary formulary to address any of the specific needs that exist.
However, it is my understanding that, if we do have a secondary supplementary list, the costs associated with that secondary supplementary list would be the responsibility of the provincial or territorial government that has that list and not the federal government, because they will be moving forward with their list.
Thanks to the Minister for that. Obviously, we will want to make sure that many of our special needs are recognized and incorporated into the national list.
The national advisory council report also contained a recommendation on a way to deal with the supply of medications for rare conditions, which are often some of the most expensive prescriptions. Can the Minister explain how this element of the proposal should work in the Northwest Territories?
It is kind of difficult to answer that question because we aren't actually sure what the federal government is going to do in this particular area. The question may, unfortunately, be a little premature, but what I can say is that we are watching this very closely. Regardless of which government makes up the federal government in the next term, I am hopeful and optimistic that they will continue to work on pharmacare, and we as a government should and must continue to make sure that our voice is heard during those discussions, but frankly I think it's a little early to speculate on what it might look like. It might be a hypothetical response, and I'm not prepared to do that at this point.
Masi. Oral questions. Member for Frame Lake.
Merci, Monsieur le President. Thanks to the Minister for that, and I was careful with my question; I said how should it work in our jurisdiction, not how could it work or how will it work. That's okay.
In a related development, the federal government recently announced they are going to revise the rules and tools for the Patented Medicine Prices Review Board. In no way could that ever constitute a national pharmacare program, but the changes could result in the savings of billions of dollars on prescription medicine. Can the Minister tell us if his department knows about these developments with the Patented Medicine Prices Review Board and what we're doing to look at the impacts of these changes on our healthcare system? Mahsi, Mr. Speaker.
Canadian patent medicine prices are among the highest in the world, here in Canada. In fact, I think we're the third highest, behind Switzerland and the United States. That's not something I think Canadians should be super proud of. On August 9th, Health Canada did announce, as the Member said, amendments to the Patented Medicine Regulations. The Patented Medicine Prices Review Board is reviewing and examining the newly released amendments to the Patented Medicine Regulations and will identify any changes that may warrant an adjustment to its proposed guidelines framework and further considers.
Currently, it is difficult to speculate how the regulatory tools available to the Patented Medicine Prices Review Board may be changed; however, the NWT is supportive of reducing the cost of patented medicines for its residents and all Canadians, and we will continue to work at the Federal-Provincial-Territorial table to ensure that the voices of the Northwest Territories, the provinces, and Canadians are heard. Thank you, Mr. Speaker.
Masi. Oral questions. Member for Mackenzie Delta.
Thank you, Mr. Speaker. I have a few questions for the Minister responsible for the NWT Housing Corporation. In Fort McPherson, we have a number of new units that were just waiting patiently for people to move into. We have two duplexes and the elders' facility that the Minister mentioned earlier today. I'd like to ask the Minister: when will these units be ready to move into? Thank you, Mr. Speaker.
Masi. Minister responsible for the NWT Housing Corporation
Thank you, Mr. Speaker. I know the Member has brought these questions up previously. Especially with the meters that have been installed for the two duplexes in Fort McPherson, I'd like to let the Member know that those meters have been installed and the units are being finalized and will be ready for occupancy September 1st. I'd like to thank the member for being there when we did the opening of the nine-plex in Fort McPherson just recently. Thank you, Mr. Speaker.
That's good news. I know the department had to order a bunch of appliances for the elders' home, so I'd just like to ask the Minister: will the Minister ensure that the department has everything they need for our elders to start moving in before we start getting snow and bad weather? Usually in September or October we get a lot of bad weather, so I just want to make sure our elders move in before this time of year.
As I mentioned with the seniors' complex, we want to make sure that we do our best to ensure that we get our seniors moving into the nine-plex that we just opened up, but at the same time, I mean, one other good-news story is that, if we get our seniors moving out of public housing into the nine-plex, then we open up more units for any of our residents who need to move into public housing. So we are going to try our best, and I will keep the Member updated on how we are moving in terms of getting the appliances into the nine-plex.
Thank you, Mr. Speaker. I am pleased to provide the "Lessons Learned" Report of the Special Committee on Transition Matters. This report represents the work of the Special Committee on Transition Matters, the second of its kind. The report reflects the committee's shared commitment to make incremental improvements to the unique form of consensus government that exists in the Northwest Territories. Its intention is to offer the best advice and accumulated wisdom of the Members of the 18th Legislative Assembly to those of the 19th.
The terms of reference for this committee were more narrowly defined then those of its predecessor in the 17th Assembly. Most notably, the committee did not have a mandate to make recommendations as to the priorities of the 19th Assembly. Rather, its focus was on improvements to the "machinery of consensus government." This included:
The planning and staging of new Member orientation;
The process to set and report upon priorities;
The size, structure and appointment of Cabinet and standing committees;
The business planning and budget development processes; and
The conduct of mid-term reviews.
In addition, the committee set its mind to the role of Caucus in consensus government, as well as potential improvements to the process of enacting legislation.
The special committee's recommendations reflect a number of themes that emerged from its work. These include:
The need to maintain unity amongst newly elected and returning Members at the commencement of a new Assembly;
The desire to set priorities, mandates, and budgets earlier in the term of a new Assembly;
The requirement to evolve the processes of consensus government to reflect the increasingly complex policy-making environment in the post-devolution era; and
Increasing public expectations for accountability, meaningful communication, and transparency.
Given the volume of legislation before standing committees in the final months of the 18th Legislative Assembly, the committee was, unfortunately, unable to conduct public hearings as part of its work. Consequently, the committee was reluctant to recommend fundamental changes to the way consensus government operates. This was most evident during the committee's discussions of potential new ways to select the Premier and Cabinet. Potential options, such as the election of the Premier at large or alternatives to the 2-2-2 convention of selecting Cabinet, were seen by the committee as too important to make absent widespread public input. Rather, the committee recommends that the 19th Legislative Assembly establish an independent committee to consult on, review, and make recommendations on these matters.
The committee's report includes 37 recommendations. These include an orientation program for Members of the 19th Legislative Assembly that will commence on October 8, 2019, just one week after the general election. Other notable recommendations call for the establishment of a Public Accounts Committee, greater resources for standing committees, revised processes for the adoption of the 19th Legislative Assembly's first and subsequent budgets, and changes to the legislation enactment process. The special committee recommends against the conduct of a mid-term review of Cabinet performance and appointments and, in its place, calls for the greater use of Caucus and so called "firside chats" between the Premier and Regular Members to enhance and maintain relationships and ensure effective accountability.
One of the fundamental hallmarks of a liberal democratic society is the peaceful, coordinated, and timely transition of power from one group of elected leaders to another following a general election. This year, the 18th Legislative Assembly will be dissolved at midnight on August 31 to make way for a general election on October 1, 2019. Following the return of the writs of election for the Territory's 19 electoral districts, the Members-elect of the 19th Legislative Assembly will convene in Yellowknife to begin the formal transition of power from one Assembly to another.
The transition of power following a general election is unique in the consensus style of government practiced in the NWT. For starters, due to the absence of registered political parties, it is not immediately clear who will form the Executive branch of government, namely the Premier and members of the Executive Council (Cabinet), after polling day. Both the means of selecting Cabinet as well as its size and composition are matters left to each incoming Assembly to decide. The same can be said for the structure and membership of the various standing committees of the Assembly, as well as the Legislative Assembly Board of Management.
Previous transition processes have assumed a one-third attrition rate following a general election. In other words, the assumption has been that 12 or 13 of the Assembly's 19 Members would be re-elected. Prior to the 2015 general election, this assumption largely reflected reality. The result has been a high degree of consistency from one Assembly to the next in terms of priorities and the so-called "machinery of government." The 2015 general election witnessed the unprecedented turnover of nearly 60 percent as a result of the election of 11 new members. This turnover resulted in the introduction of a number of important new processes, a focus on transparency and accountability, and a realignment of committee mandates. Interestingly, it also resulted in the election of the NWT's first two-term Premier.
This report reflects the collective work of the 18th Legislative Assembly's Special Committee on Transition Matters, the second of its kind. As with its predecessor from the 17th Assembly, this report makes recommendations that are intended to guide, but not bind or restrict, the decisions of the 19th Legislative Assembly with respect to its priorities, structure, and modus operandi. Unlike its predecessor, this special committee did not have a mandate to make recommendations as to the key issues for the incoming Assembly. Rather, its terms of reference (Attachment 1) are focused on the following items:
The timing and staging of new-Member orientation;
The process for setting and reporting on priorities;
The size, structure, and appointment of Cabinet and standing committees;
The business plan and budget development processes; and
The conduct of mid-term reviews of both the Assembly's priorities and the performance of Ministers, both individually and collectively.
The members of the special committee are mindful of the limited attention that was paid to the recommendations of their predecessor committee at the commencement of the current Assembly. One of the fundamental tenets of our system of government is that an outgoing Assembly can and should not fetter the discretion of an incoming one. The title of this report, "Lessons Learned," is intended to frame the committee's recommendations and discussions as well-intentioned advice to the 19th Assembly, rather than an attempt to reach into and unduly influence its decisions. We will view our work as successful if it causes the elected Members of the 19th Legislative Assembly to reflect upon potential improvements to the operation of consensus government and keep an open mind to new ways of doing business.
The 18th Legislative Assembly encountered its fair share of bumps along the road. Consensus government is far from a perfect adaptation of either the Indigenous or Westminster traditions that form its core. Like all systems of government, it has notable weaknesses. At some future point, the people of the Northwest Territories may choose a radically different approach to how they are governed. Changes of this magnitude are beyond the scope of this committee and, if pursued, must involve broad-based public consultation and participation. As such, the recommendations and observations included in this report present what we feel are incremental but substantive improvements to the current system. We hope that the Members of the 19th Legislative Assembly will find wisdom in the collective experience of its authors and use our advice as a stepping stone to making the 19th Legislative Assembly their own. We wish them every success.
Committee Members reflected upon their experience during orientation in 2015. The eleven newly elected Members held several days of orientation following the election in isolation from their eight returning colleagues. The purpose for these separate sessions was to focus on the information that newly elected Members need and that would be redundant for returning Members. It was also felt that newly elected Members might be less intimidated and more inclined to ask questions if not in the presence of more experienced Members.
It was noted that these separate sessions had the effect of creating two distinct groups at the commencement of orientation; the 11 newly elected Members, and the eight returning ones. When the time came to bring the entire group together, this early separation resulted in some tension between the new and returning Members that did not dissipate until Cabinet was selected. As one committee member noted, "We shouldn't keep our most experienced players on the bench at the start of an Assembly." Committee agreed that all Members should start working together as a team from the start. It was suggested that each newly elected Member be teamed up with a returning Member to help build stronger and more lasting relationships.
1. That all 19 elected Members of the 19th Assembly work together as a group throughout the orientation and priority setting process.
Committee discussed the importance of getting a good sense of who the various Legislative Assembly staff are, their roles and the services they can provide to Members. Particular mention was made of the services available from the law clerk and the legislative library. It was suggested that all staff be invited to introduce themselves to MLAs early in the orientation program.
2. That the orientation program for Members include more detail about the services available to Members including, but not limited to, the services of the law clerks and legislative library.
Committee members expressed an appreciation for the need to strike a balance between providing newly elected MLAs with too much or too little information. Members agreed that there was some urgency to "hit the ground running," but also identified a need for ongoing training after the initial orientation program was complete. The following areas were identified as potential subjects for ongoing training and professional development:
Records Management
Media Relations
Information technology
Parliamentary procedure
Research
Legislative drafting and interpretation
3. That more in-depth and ongoing training opportunities be provided to Members following orientation, priority setting, and cabinet selection.
The committee debated the merits of providing Members with an overview of the government's financial situation early in the orientation program. Some Members were of the view that such an overview had the tendency to throw cold water on the ideas for new initiatives that candidates heard during the election campaign. Others felt that it was not possible to set realistic priorities without an understanding of the government's financial situation. In the end, committee agreed that an early session on both the government's fiscal operations and status would be of value.
4. That a half-day session on the GNWT's financial policies and status be scheduled early in the orientation program.
Committee discussed the merits of preparing an "Issues Wiki" that allows Members to drill down as deeply as they like to understand specific issues. It was noted that the Wiki prepared for the 18th Legislative Assembly was not user-friendly and that much of the information was available on departmental websites. Regardless of what format is used to brief newly elected Members, it was agreed that materials need to be distributed to Members well in advance of their first day of orientation.
5. That orientation and issue briefing materials be provided to Members-elect within a day or two following the election, preferably in electronic format, to allow them an opportunity for advanced preparation.
Committee made considerable adjustments to the orientation program that was used at the commencement of the 18th Legislative Assembly. In addition to keeping all Members together for the duration of orientation, the revised program envisions having Members make a public statement of their individual priorities on the second day of orientation and includes a number of breaks to allow Members to return to their home communities or begin to look for constituency assistants and accommodation in Yellowknife. Additional changes to the orientation program will be highlighted in subsequent sections of this report.
6. That the Orientation Program for the 19th Legislative Assembly, included as Attachment 2 of this report, be adopted.
Committee spent considerable time reflecting upon the priority setting and mandate development processes employed at the beginning of the 18th Legislative Assembly. It was noted that there is a significant level of consistency between the priorities adopted by the last four Assemblies. Many of these priorities are aspirational and attempt to cover all areas of responsibility of the GNWT. Ideally, each priority should focus on what, specifically, the Assembly hopes to achieve during its term and beyond. The "How," "How Much," and "How are we doing?" questions will be answered in subsequent processes such as the mandate, business plans, budgets, and progress reports.
A significant concern related to the amount of time it took to get a mandate in place and the number of mandate commitments that flowed from it. The focus of the 18th Assembly turned quickly from the collective priorities established by Caucus to the more than 200 mandate commitments, many of which were worded in a way that made them challenging to measure.
Committee reviewed the Process Convention on Priority Setting and Reporting in detail. It was agreed that future Legislative Assemblies should attempt to limit the number and scope of their priorities in an effort to reflect real choices. These priorities should be agreed to by Caucus and form the basis for Cabinet's mandate document. The priorities should reflect what Members heard during the election campaign, key issues that arise during orientation and the input of northern Indigenous and community leaders.
Once the Caucus priorities have been established, Cabinet should proceed to draft specific mandate commitments to fulfill the Caucus priorities. Again, these should be specific, outcome-based and measurable. Although the Mandate will be a Cabinet document, the importance of consulting with Regular Members was stressed. To this end, it was agreed that Cabinet should consult with the Standing Committee on Priorities and Planning on the mandate document, rather than have these discussion take place in Caucus. A number of meetings with the committee may be required prior to Cabinet tabling the document in the House. Once tabled, the mandate will be referred to Committee of the Whole for debate. Similar to other tabled documents, however, the Mandate will not be subject to amendment or adoption by the Assembly.
7. That the attached revised Process Convention of Priority Setting and Reporting, included as Attachment 3, be adopted by Caucus.
8. That the proposed Priority Setting flow chart and schedule, included as Attachment 3, be adopted by the 19th Legislative Assembly.
Committee discussed the importance of consulting with elected Indigenous government and community leaders in the development of priorities. While the Intergovernmental Council plays an important role in the drafting of revised legislation and other matters in follow up to the 2014 Devolution Agreement, its relationship is primarily with Cabinet and not the Legislative Assembly as a whole. As such, all regional Indigenous governments and organizations, as well as the NWT Association of Communities, should be included in consultations on the Assembly's priorities. As part of the Orientation Program adopted earlier, this consultation with northern leaders has been scheduled for October 17, 2019. Committee recommended that participants be invited to attend these meeting well in advance to allow them to plan to attend.
9. That elected Indigenous and community government leaders be invited to a round table discussion on the establishment of the priorities of the 19th Legislative Assembly on October 17, 2019, and that invitations to attend this meeting be sent to invitees at least a month in advance.
The 18th Legislative Assembly conducted a mid-term review of both its priorities and the performance of individual members of Cabinet and Cabinet as a whole. This section deals with the former. The next section of this report will address the latter.
The 18th Legislative Assembly conducted a mid-term review of its priorities and the various mandate commitments. This review took place during the prorogation of the 2nd Session and the resulting changes were reflected in the Commissioner's Opening Address at the commencement of the 3rd and final Session. Committee was of the view that a review of the 19th Legislative Assembly's priorities should be conducted at mid-term. Such a review allows an Assembly to take stock of its accomplishments in a focused manner half way into its term and adjust its high level priorities to reflect macro-level changes that have arisen since the election.
10. That the 19th Legislative Assembly prorogue following the Spring 2021 session to review its priorities in advance of a Commissioner's Opening Address to commence the 3rd and final Session in the fall of 2021.
Given that Cabinet's mandate will not be formally adopted by the Legislative Assembly, some committee members raised concerns over the ability of the Assembly to hold cabinet to account for the implementation of its mandate. It was noted that, in many partisan legislatures, the debate on the Speech from the Throne is considered a matter of confidence in the government. If an amendment to the Speech from the Throne is adopted by the House, it constitutes an expression of loss of confidence in the government and will trigger an election.
The concept of confidence is virtually non-existent in consensus government. Individual Cabinet Members continue to hold confidence until a motion withdrawing that confidence is formally adopted. It is uncertain whether the defeat of Cabinet's budget would constitute a loss of confidence, as it has never been tested. Given the 18th Legislative Assembly's experience with the conduct of a mid-term review of Cabinet performance, both collectively and individually, it was agreed that the 19th Legislative Assembly consider and adopt a Consensus Government Process Convention on Expressions of Non-confidence in Cabinet. This convention would clarify what constitutes an expression of non-confidence as well as the consequences of such an expression. It could also provide a mechanism for the Legislative Assembly to defeat the Commissioner's Address if a majority of Members do not feel it lives up to the priorities established by Caucus.
11. That a Process Convention on the Expression of Non-confidence be developed and presented to the Caucus of the 19th Legislative Assembly.
The selection and structure of Cabinet is decided by each Assembly at the commencement of its term. There is nothing in legislation that determines the size and composition of Cabinet or the process used to recommend the appointment of the Premier and individual Ministers. Since division of the Northwest Territories in 1999, the size and structure of Cabinet has remained consistent. The Territorial Leadership Committee, consisting of all 19 members, meets in public following orientation and the setting of priorities. The Clerk of the Legislative Assembly calls the committee to order and opens the floor to nominations for Speaker of the Legislative Assembly. If only one nomination is received, the Clerk invites the Speaker-elect to assume the chair. If more than one nomination is received, a series of exhaustive secret ballots are held until one candidate attains a majority of votes. At each successive ballot, the name of the nominee with the fewest votes is removed from the ballot for the next round of voting.
Once a Speaker-elect is chosen, s/he opens the floor to nominations for Premier. During the 18th Legislative Assembly, the committee was adjourned for approximately a week following the close of nominations to allow Members to consult with their constituents as to a preferred candidate. When the committee reconvened, each Member is entitled to ask up to three questions of each candidate. When questions and answers are complete, a series of exhaustive secret ballot votes is held until one nominee emerges with a majority of votes and is declared Premier-elect.
Since Division, the Cabinet has consisted of six Members, each representing a distinct geographical region of the Territory; two from those constituencies north of Great Slave Lake, two from those south of Great Slave Lake, and two from Yellowknife. This system has come to be known as the 2-2-2 structure. Nominations are accepted for each of the three distinct regions. Each nominee is then called upon to deliver a 10-minute speech. No questions and answer period exists for the selection of Cabinet members. Once speeches are concluded, a series of exhaustive secret ballots are held for each of the three regions until two nominees from each attain a majority of support. Overall results are not announced until majorities have been attained in each region. The specific results of each vote are not released.
The first sitting of the Legislative Assembly is normally convened on the day following the Territorial Leadership Committee. On this day, the Speaker, Premier, and Cabinet Members-elect are formally appointed by motion of the House and are sworn in by the Commissioner at the rise of the House the same day.
Committee considered a discussion paper, included as Attachment 4 to this report, laying out the advantages and disadvantages of the above-described process and offering a number of alternative options. The advantages of the existing system include:
it ensures regional diversity on Cabinet and prevents the domination of one region over another Cabinet;
it has traditionally provided for an acceptable level of diversity on Cabinet in terms of Indigenous and non-Indigenous Members as well as those representing urban and rural constituencies; and
is well established and understood by both Members and the public.
The disadvantages include:
the encouragement of strategic voting for Premier whereby Members from one region who hope to be elected to Cabinet are incentivized to vote for a nominee for Premier from their region to increase their own chances of being elected to Cabinet;
the region represented by the Premier is automatically overrepresented on Cabinet;
the Yellowknife region is underrepresented on Cabinet in terms of its percentage of the population of the NWT; and
there is no guarantee for small-community representation on Cabinet. The Cabinet of the 18th Legislative Assembly was the first since division to have no Members who represent constituencies made up of small and remote communities.
The discussion paper presented a number of options, including a 2-2-2-1 whereby six Members of Cabinet are selected first according the regional system described above or one based upon community size (i.e. Yellowknife, the regional centres of Inuvik, Hay River and Fort Smith and the remaining small community constituencies). The seventh member is selected last and at large and is used to make up for a deficiency of representation flowing from the 2-2-2 selection process such as the absence of women or small-community members. Once the seven Member Cabinet is selected, nominations for Premier are accepted. Only those Members already elected to Cabinet are eligible to be nominated for Premier. This system eliminates some of the disadvantages of the current system but creates the perception that the seventh seat is a "consolation" seat for those who were not elected through the 2-2-2 process.
While each committee member expressed dissatisfaction with the traditional 2-2-2 approach to the selection and structure of Cabinet, committee was unable to recommend a single preferred option. One Member suggested that the size of Cabinet be reduced to a Premier and five Cabinet members to further counterbalance Cabinet's voting power in the House. The suggestion of having the Premier elected at large by the voters of the NWT was considered too great a change to recommend without broader public consultation. The committee expressed regret that it was not able to conduct public hearings on its mandate due to the extraordinary amount of legislation before standing committees in the run-up to dissolution of the 18th Assembly. It was suggested that, in the future, similar committees be struck earlier in an Assembly's term to allow for broad public consultation. If fundamental changes to the size, structure, and selection of the Premier and Cabinet are under consideration, it was suggested that an independent, arms-length committee be struck to explore options, conduct public consultations, and make recommendations to an Assembly early enough in its term to bring them into force for an upcoming Assembly. This work should be coordinated with the Electoral Boundaries Commission that must be struck during the 19th Assembly.
12. That several options for a revised Cabinet selection and appointment process be presented to the 19th Legislative Assembly for consideration.
13. That nominations for Premier take place in advance of the selection process, as was the case with the 18th Legislative Assembly, to allow Members to consult with their constituents and leadership on a preferred candidate.
14. That the 19th Legislative Assembly establish an independent committee to study and make recommendations on the functioning of consensus government, including the preferred selection process for Premier as well as the structure and appointment of Cabinet.
The Member for Kam Lake presented a paper, included as Attachment 5 to this report, calling for the creation of one or more "parliamentary groups" to conduct much of the business currently falling under the mandate of Standing Committee on Priorities and Planning. The parliamentary group would include all Regular Members and would receive funding from the Legislative Assembly to retain political advice and support and develop policy alternatives. Unlike standing committees, which are required to meet in public, the parliamentary group of Regular Members could conduct its political discussions in camera, as does Cabinet. Regular Members who did not demonstrate good behaviour and effective collaboration could be subject to discipline by the leader of the parliamentary group. Specifically, the report recommended the following:
That the Standing Committee on Priorities and Planning be dissolved and a new caucus established with mandatory membership for all Regular Members;
That the policies and/or legislation governing the Legislative Assembly be amended to provide for fair and effective funding for causes and establish minimum thresholds for caucuses funding; and
That the Rules of the Legislative Assembly be amended, where appropriate, to give formal standing to the Chair of the Regular Members Caucus, allow for certain discretionary appointments over legislative assignments, and increase remuneration of the role commensurate to these new responsibilities.
Committee thanked the Member for Kam Lake for his proposal and expressed some support for the justifications for the recommendations. Members were supportive of the establishment of a formal Public Accounts Committee to focus exclusively on the government's expenditures and oversee the conduct of audits. Others felt that the Member's concerns might be more appropriately addressed through changes to the existing system such as increased funding for committee support and changes to the way Caucus operates. Committee agreed that, given the increasing workload of the Assembly and its committees in the more complex, post-devolution environment, additional support for standing committees will be required.
15. That a Public Accounts Committee, with terms of reference similar to those in other jurisdictions, be formally established in the Rules of the Legislative Assembly.
16. That increased resources be provided by the Legislative Assembly to support the work of standing committees in the 19th Legislative Assembly, including additional funding to retain outside expert advisors, hire additional research, public affairs and clerk staff, and engage the public in more effective ways.
Committee discussed the means of soliciting interest and recommending appointments with respect to standing committee membership. It was agreed that the use of a striking committee was not effective and that all Regular Members should be involved in developing a consensus position with respect to standing committee appointments. Committee chairs should continue to be selected by each committee.
17. That reference to a "Striking Committee" be deleted from the Rules of the Legislative Assembly and that the membership of standing committees be recommended by the Standing Committee on Priorities and Planning.
While not part of its formal mandate, the committee reflected upon the effectiveness of Caucus. Although the Consensus Government Process Convention on the Role of Caucus does allow for the discussion of strategic policy issues in Caucus, some members felt Caucus was not being used for this purpose. Whereas the Caucus is used extensively at the commencement of a term to develop priorities for the Legislative Assembly, once these priorities have been agreed to and Cabinet selected, Caucus becomes largely a forum for administrative matters as opposed to a place where all Members can discuss issues as equals and free from cabinet or committee solidarity.
18. That the 19th Legislative Assembly make greater use of Caucus as a forum to discuss strategic policy issues among all Members of the Legislative Assembly not only at the commencement of a Legislative Assembly but throughout its term.
Committee also discussed several other options to make Caucus a more effective institution including holding more frequent meetings, changing the lay-out of the caucus room and having Caucus co-chaired by a Regular Member and a Member of Cabinet.
Committee discussed the makeup and the means of recommending appointments to the Legislative Assembly Board of Management. Pursuant to legislation, the Board of Management is chaired by the Speaker and consists of two Regular Members and two Members of Cabinet. Immediately following the selection of Cabinet, the Speaker seeks expressions of interest from Regular Members who may wish to sit on the Board of Management. The Speaker then recommends to Caucus two Regular Members for formal appointment. The recommendation of Cabinet Members to the Board is made by the Premier. The Deputy Speaker, who is called upon to chair meetings of the Board if the Speaker is absent or unable to attend, may not be one of the Regular Members appointed to the Board. Four alternatives are also appointed, two Regular Members and two members of Cabinet, who are called upon to attend meetings only if necessary to achieve a quorum.
Committee expressed concern that Regular Members have little say as to who represents their interests on the Board of Management. It was felt that the recommendation of Regular Members to sit on the Board should be made at the same time as overall committee assignments to ensure that a holistic approach could be taken to the sharing of workload. It was noted that the appointment of the Board of Management must take place on the first sitting day of a newly elected Assembly pursuant to legislation.
19. That all Regular Members be involved in deciding which Regular Members are recommended for appointment to the Legislative Assembly Board of Management.
Committee reviewed a discussion paper on potential improvements to the Budget and Business Planning processes. Committee noted that many of the options identified in this paper were focused on making these processes more efficient (i.e. less time-consuming) rather than more effective. The options of selecting only certain departments' budgets for detailed review in Committee of the Whole and of conducting concurrent reviews of business plans and budgets were not concurred with.
The consideration and adoption of an incoming Legislative Assembly's first budget is a perennial challenge. Even with an early October election, the time available for the drafting and consideration of business plans and the conduct of public consultations is highly compressed, particularly given that so much time in the early months of a new Assembly is occupied with orientation, leadership selection, and priority setting. As noted earlier, these challenges are offset by the benefits of getting an earlier start with implementation of the priorities and mandate.
Committee is of the view that future Assemblies are well positioned to adopt a full budget prior to the commencement of their first full fiscal year in office. While this eliminates the need for an interim supply budget, it was felt that the supplementary reserve included in an Assembly's first budget should be increased to allow work to begin on specific mandate items once they have been fully costed, rather than waiting for the second budget.
20. That the first budget of the 19th Legislative Assembly be adopted prior to the end of 2019-2020 fiscal year pursuant to the process detailed in Table 1.
21. That the Supplementary Reserve included in the 19th Legislative Assembly's 2020-2021 budget be substantially increased to allow work to commence on specific mandate commitments in year one of the legislative term.
Given the tight timeframes in the run-up to consideration and adoption of the first budget, it is impractical to draft, consider, and adopt detailed business plans prior to the end of the first fiscal year of a new Legislative Assembly. Furthermore, committee expressed dissatisfaction with the consideration of annual business plans, as they tend to be repetitive, short-sighted, lacking in sufficient detail, and often disconnected from an Assembly's priorities and Cabinet's mandate. Committee is of the view that future Assemblies should adopt four-year business plans in the spring following the adoption of its first budget. In subsequent budget years, departments would prepare and present updates to these four year plans in conjunction with draft estimates. Both the four-year plans and the annual updates should be consistent in format and focus on specific measures that are being taken to implement the Priorities and Mandate.
20. That the 19th Legislative Assembly adopt four-year business plans to guide the implementation of the priorities and mandate and that annual updates to these business plans be presented to standing committees in conjunction with draft main estimates.
21. That both the four-year business plans and annual updates be consistent across departments and focused on specific short and long-term measures to implement the priorities and mandate of a Legislative Assembly.
In previous Assemblies, the involvement of standing committees in the budget development process commenced with the consideration of annual business plans in September. Consequently, committees have found themselves reacting to substantial planning, direction, and proposed new initiatives on the part of Cabinet in the preceding months. As one of the fundamental characteristics of consensus government is the ability for all Members to have meaningful input into the development of budgets, the committee is of the view that the involvement of standing committees should commence, at a high level, prior to setting of broad direction by Cabinet and the drafting of annual business plans updates. To achieve this, committee agreed that Cabinet should hold broad and high-level consultation with standing committee in the period between the adoption of the old year budget in late March and before the establishment of budget planning targets and direction by Cabinet in June.
Committee was also of the view that the previous practice of having the Minister of Finance conduct pre-budget consultation with the public be re-established. The results of both the pre-budget consultations with standing committee and the public could then be reported back to standing committee in late September and tabled in the Legislative Assembly during the October sitting of the House. This report would then be used to guide the drafting of annual business plan updates and draft main estimates which would be presented to standing committees for consideration in late November and early December. Consistent with current practice, a final meeting between the Minister of Finance and the Standing Committee on Priorities and Planning would occur in mid-January. This meeting is intended to provide the Minister of Finance a final opportunity to advise standing committee on what changes have been made to the final draft estimates document prior to the budget address in February.
24. That the Minister of Finance hold pre-budget consultations with standing committees in May or June of each year and prior to the setting of broad budget direction and targets.
25. That the Minister of Finance conduct annual pre-budget consultations with the public prior to the setting of broad budget direction and targets.
26. That the results of the standing committee and public pre-budget consultations be reported to standing committees in September of each year and tabled in the house during the October sitting.
27. That the second and subsequent budgets of the 19th Legislative Assembly be drafted, considered, and adopted according the process detailed in Table 2.
In contrast to the mid-term review of priorities addressed above, the term "mid-term review" generally refers to a political review of Cabinet performance, both individually and collectively. The 18th Legislative Assembly conducted the first mid-term review since Division. During Prorogation of the Second Session, Members met in the Chamber to evaluate the performance of each Minister and the Cabinet as a whole. Following statements by each Minister and a question and answer period, Members proceeded to vote, by secret ballot, on whether the Cabinet and each Minister should continue to hold the confidence of the house. This process resulted in a secret ballot expression of confidence in Cabinet as a whole, the Premier and five of six Ministers. The vote expressed a lack of confidence in one Minister. When the 3rd Session commenced shortly thereafter, a formal motion was introduced to withdraw the confidence of the House in the Minister in question. The motion did not carry and the Minister retained his appointment to Cabinet.
Committee expressed near-unanimous dissatisfaction with the results of the mid-term review. Some felt the concept itself was ill-advised. Reasons included the negative impact the prescribed process had on relationships, which are fundamental to the effectiveness of consensus government, the existence of other, more effective mechanisms to hold Ministers to account for their performance, a reluctance to act on perceived poor performance either before or after the mid-term review, and the amount of time required to conduct it. Others felt the process failed because of unclear expectations as to the implications of a secret ballot vote of non-confidence.
Committee was not prepared to recommend that the 19th Legislative Assembly conduct another mid-term review. Rather, it was felt that the development of a consensus government process convention on expressions of non-confidence would bring some clarity to the landscape regarding ministerial accountability and performance. Further, the committee feels strongly that the effective use of so-called "firside chats" would greatly assist in addressing performance issues with Ministers as they arise. It was agreed that these firside chats should take place regularly throughout a legislative term, be conducted in a room other than the Committee Room, focus on relationships and performance rather than issues, and include Ministers where appropriate.
28. That the 19th Legislative Assembly not conduct a formal mid-term review of cabinet and Ministerial performance.
29. That the Consensus Government Process Convention on Communications between Cabinet, Ministers, Standing Committees and Regular Members be amended to solidify the requirement to hold a fireside chat at least three times a year and that these meeting be conducted outside the Committee Room.
While not part of its terms of reference, the committee reviewed the process for introducing and considering legislation. This discussion was largely informed by the unusually large volume and complexity of legislation that was referred to standing committees in the last year of the 18th Legislative Assembly, the unique challenges resulting from the process of co-drafting legislation with Indigenous governments in the post-devolution era and perceived uncertainty and confusion on the part of the public as to the process for enacting legislation and the respective roles of Cabinet and standing committees.
Committee made note of the challenges that standing committees often face when conducting public hearings on legislation. Members of the public are often confused as to the purpose of proposed legislation, particularly those that are more technical or complex, and have difficulty distinguishing the role of standing committees from that of Cabinet. Potential solutions included the drafting of plain language summaries for large or complex pieces of legislation, having departmental staff travel with committees to provide an overview of the bill on behalf of the Minister and answer technical questions that may arise, and the development of effective educational materials with respect to the legislative process. Committee also agreed that more clarity was required with respect to the process for introducing and considering legislation that is the product of co-drafting with Indigenous governments and that committees require additional staff support in terms of procedural, research and public affairs staff including communications. Finally, Committee expressed support for meeting with the Minister responsible for a complex or large bill following public hearings but before public clause-by-clause review in an effort to get answers to any lingering questions that arose from the public hearings and help build consensus around proposed amendments.
30. That the Consensus Government Process Convention on Standing Committee Review of Legislative Proposals be expanded to address the entire process for drafting, introducing and enacting of legislation.
31. That the revised process convention include a requirement for the sponsoring Minister to draft a plain language summary of complex or lengthy pieces of legislation when requested to do so my committee.
32. That the revised process convention include a requirement for knowledgeable departmental staff to accompany standing committees on public hearings on complex or lengthy bills when requested to do so by committee, and be prepared to make a brief introduction of the bill's content and answer technical questions from the public and referred by the committee chair.
33. That the revised process convention acknowledge and make provisions for effective standing committee involvement in the drafting and review of legislation that is the product of co-drafting with Indigenous governments.
34. That the revised process convention make allowance for standing committee meetings with the sponsoring Minister following the completion of public hearings and before the public clause-by-clause review of the bill.
35. That public education material be developed by the Office of the Clerk of the Legislative Assembly that describes the process for drafting, introducing and enacting legislation, and highlights the differing roles and authorities of Cabinet and standing committees.
It is not unusual for a large volume of legislation to be referred to standing committees in the final year of a Legislative Assembly. Committee agreed that the 18th Legislative Assembly has been no exception to this rule. Sixteen bills, many of which are complex and lengthy, remained before standing committee heading into the final session of the 18th Assembly. Once referred to a standing committee after Second Reading, standing committees have 120 days to study the bill, conduct public hearings, propose amendments, and report back to the House. In most circumstances, this 120 days is adequate. However, for unusually complex or large bills, committee agreed that there may be merit in having a longer period of time to report. This is particularly the case when a large volume of legislation is already before a specific standing committee. In evaluating the current approach, committee discussed the potential benefits of categorizing bills in terms of their length and complexity and establishing different reporting timeframes for each. It also discussed the potential benefits of placing limits on the number of bills that can be referred to a single committee at one time.
36. That the Consensus Government Process Convention on Standing Committee Review of Legislative Proposals be amended to establish longer reporting timeframes for complex or lengthy bills and place limits on the number of bill that may be referred to a standing committee at one time.
Committee noted that there is currently no process for standing committees to review proposed regulations prior to their implementation, notwithstanding the fact that important matters of policy are often and increasingly deferred to these subsidiary forms of legislation. It was noted that some jurisdictions have provisions in their rules for standing committee or public review of regulations in their draft form. It was also noted that the high volume and complexity of many regulations would overwhelm standing committees if they were all referred for consideration.
During the review of the post-devolution environmental and resource management legislation, committee received numerous submissions from Indigenous governments, community governments, non-governmental organizations and business for involvement in the development of regulations. Unfortunately, there are very legal requirements for such involvement although the mirror legislation for oil and gas management does contain provisions for the publication of regulations in the Northwest Territories Gazette and that there will be a reasonable opportunity for public comment.
37. That the 19th Legislative Assembly adopt a Consensus Government Process Convention on the consideration of draft regulations by the public and standing committee.
The committee is well aware that the newly elected Members of the 18th Legislative Assembly paid limited attention to the recommendation of its predecessor Assembly's Transition Committee recommendations. Nothing in this report should be construed as an attempt by Members of the 18th Assembly to reach into and fetter the discretion of the 19th Assembly. To the contrary, the recommendations included in this report were drafted carefully to provide the members of the next Assembly with the best advice it can offer based on the lessons learned over four years in office. It is the hope of the committee that the 19th Assembly will review its recommendations in the spirit in which they were offered. Consensus government is a unique and ever-evolving system of parliamentary democracy. We are confident that the next Assembly will identify many areas for improvement that were overlooked by this committee. This is as it should be.
The committee wishes to extend its very best wishes to all elected Members of the 19th Legislative Assembly. No matter what priorities the next Assembly sets out to achieve, it is our hope that our recommendations and advice will help to improve the underlying practices necessary to facilitate this important work.
The committee would like to thank all Members who took the time to attend and participate in its various meetings as well as the staff of the Office of the Clerk and the Executive who provided objective and thoughtful research and advice.
I would like to thank the Members of this special committee; the Member for Frame Lake, the Member for Great Slave, the Member for Hay River South, the Member for Kam Lake, and the Member for Nahendeh.
The Special Committee on Transition Matters commends its final report to the Legislative Assembly for consideration and offers its best wishes to the 19th Legislative Assembly.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Great Slave, that Committee Report 35-18(3) be received and adopted by the Legislative Assembly. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour. All those opposed. The motion is carried.
---Carried
Mr. Speaker, hereby table the Draft Code of Conduct and Guide for Members of the Legislative Assembly of the Northwest Territories. Mahsi.
Masi. Tabling of documents. Member for Frame Lake.
Merci, Monsieur le President. I wish to table the Draft Rules of the Legislative Assembly of the Northwest Territories, dated August 2019. Mr. Speaker, this document reflects the comprehensive review of the rules undertaken by the Standing Committee on Rules and Procedures to modernize our rules and to better reflect our current practices and procedures. Mahsi, Mr. Speaker.
Masi. Tabling of documents. Minister of Finance.
Thank you, Mr. Speaker. I wish to table the following two documents entitled "Capital Estimates, 2020-2021"; and "Government of the Northwest Territories' Response to Committee Report 19-18(3): Report on the Review of the 2017-2018 Public Accounts of the Government of the Northwest Territories." Thank you, Mr. Speaker.
Masi. Tabling of documents. Minister of Municipal and Community Affairs.
Thank you, Mr. Speaker. I wish to table the following document entitled "2018 Annual Report - Office of the Fire Marshal." Thank you, Mr. Speaker.
Masi. Tabling of documents. Minister of Health and Social Services.
Mr. Speaker, I wish to table the following two documents entitled "Report on Senior's Access to Government of the Northwest Territories Programs and Services"; and "What We Heard Report - Continued Care Facilities Legislation for the Northwest Territories." Thank you, Mr. Speaker.
Masi. Tabling of documents. Minister of Education, Culture and Employment.
