Debates of June 1, 2021 (day 77)

Date
June
1
2021
Session
19th Assembly, 2nd Session
Day
77
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Mr. Lafferty, Ms. Martselos, Ms. Nokleby, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek
Topics
Statements

Madam Chair, I move that this committee recommends that Section 22(2) be amended to only require notice to an authority of a refusal to investigate in the event that notice has already been provided to the authority, that an investigation will take place under Section 24. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion carried.

---Carried

Ms. Martselos.

Committee Motion 126-19(2): Committee Report 13-19(2) – Standing Committee on Government Operations Report on the Review of the 2019-20 Northwest Territories Ombud Annual Report - Amendment of Section 25 of Ombud Legislation, Carried

Madam Chair, I move that this Committee recommends that Section 25 be amended to specifically impose an obligation on anyone receiving confidential information from the Office of the Ombud to maintain the privacy of that information notwithstanding any other legislation. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried.

Ms. Martselos.

Madam chair, I move that this committee recommends that Clause 24(1) be amended to exclusively provide for notice to be provided to the Tlicho Government or any equivalent agency established by an Indigenous government, and, further, that Section 33(1) be amended to include a reference to or applicable the Indigenous government referenced in Section 24(1). Thank you, Madam Chair.

Thank you. Motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

---Carried

Ms. Martselos.

Committee Motion 127-19(2): Committee Report 13-19(2) – Standing Committee on Government Operations Report on the Review of the 2019-20 Northwest Territories Ombud Annual Report - Amendment of Section 24(1) of Ombud Legislation, Carried

Madam Chair, I move that this committee recommends that Clause 15(1) be amended to read: 15(1) The Mandate of the Ombud is to investigate any decision, recommendation made, or any act done or omitted by an authority, by any officer, employee, or a member of authority in the exercise of any power or duty conferred on that person or body by an enactment that, A, relates to a matter or administration or the implementation of policy, and, A, aggrieves or may aggrieve any person or body of persons in the persons or its personal capacity. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion. Member for Frame Lake.

Thanks, Madam Chair. This, again, was a matter of a lot of debate and discussion in the last Assembly. The wording in the bill as passed was not ideal. The regular MLAs attempted to amend it. That motion failed. Cabinet attempted to amend it. That motion failed. We didn't do a good job drafting this portion of the act as it became law. And now the Ombud has pointed this out as well. The current wording is just not very clear. It's rather awkward.

And this wording would make it clear that, you know, matters of administration and implementation of a policy can be investigated by the Ombud when someone alleges that they've been aggrieved. So this is, I think, once again, some housekeeping matters that can and should have been fixed up in the original legislation. So I expect that our side of the House is going to be able to work together with Cabinet to fix this within the lifetime of this Assembly. That's what I expect of my Cabinet colleagues. Thanks, Madam Chair.

Thank you. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

---Carried

Ms. Martselos.

Committee Motion 128-19(2): Committee Report 13-19(2) – Standing Committee on Government Operations Report on the Review of the 2019-20 Northwest Territories Ombud Annual Report - Amendment of Section 15(1) of Ombud Legislation, Carried

Madam Chair, I move that this committee recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days. Thank you, Madam Chair.

Thank you. The motion is in order. Member for Frame Lake.

Thanks, Madam Chair. Just to be crystal clear, you know, Cabinet is going to have an obligation now to respond to these committee reports. There's some clear recommendations in here for legislative change, and I expect that our Cabinet colleagues are going to adopt and endorse some of these recommendations without having to necessarily consult with Indigenous governments. But I look forward to them actually bringing forward the required changes in the lifetime of this Assembly. Thanks, Madam Chair.

Thank you, Member for Frame Lake. Member for Yellowknife North.

Yes, thank you. I guess the Ombud Act is an interesting piece of legislation, in that the responsibility seems to lie both with the Department of Justice and the Board of Management. It's a shared piece given that they're a statutory office, similar to the ATIPP Act or similar statutory positions.

But I guess so that's I give the headsup to Board of Management to take this one, and I guess I would ask the Department of Justice in their response to consider why exactly the GNWT has any control over this legislation. I'm a little confused as to why this isn't just solely within the Board of Management. But these are now motions of the House. So whoever does it, I very much look forward to some legislation coming forward and having the Ombud Act amended. Thank you.

Thank you. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

---Carried

Thank you, committee. Do you agree that you have concluded Consideration of Committee Report 1319(2), Standing Committee on Government Operations Report on the Review of the 20192020 Northwest Territories Ombud Annual Report?

Thank you, committee. We have concluded Consideration of Committee Report 1319(2) Standing Committee on Government Operations Report on the Review of the 20192020 Northwest Territories Ombud Annual Report.

Member for Frame Lake.

Thanks, Madam Chair. I move that the chair rise and report progress.

Report of Committee of the Whole

Speaker: MR. SPEAKER

May I please have the Report of the Committee of the Whole, please, Member for Inuvik Twin Lakes.

Mr. Speaker, your committee has been considering Committee Report 1319(2) and would like to report progress with eight motions carried and that Committee Report 1319(2) is concluded. And, Mr. Speaker, I move that the report of the Committee of the Whole be concurred with. Thank you.

Orders of the Day.

Speaker: Mr. Rutland

Thank you, Mr. Speaker.

Orders of the day for Wednesday, June 2nd, 2021, 1:30 p.m.:

Prayer

Ministers' statements

Members' statements

Returns to oral questions

Recognition of visitors in the gallery

Acknowledgements

Oral questions

Written questions

Returns to written questions

Replies to the Commissioner's Address

Petitions

Reports of committees on the review of bills

Reports of standing and special committees

Tabling of documents

Notices of motion

Motions

Motion 3419(2), Referral of Tabled Document 413-19(2), Emerging Stronger: Planning the NWT's Social and Economic Recovery Together

Notice of motion for first reading of bills

First reading of bills

Second reading of bills

Bill 30, An Act to Amend the Aurora College Act

Bill 31, An Act to Amend the Pharmacy Act

Bill 32, An Act to Amend the Northern Employees Benefits Services Pension Plan Act

Consideration and Committee of the Whole of bills and other matters

Bill 25, An Act to Amend the Education Act

Ministers' Statement 16119(2), Emerging Stronger: COVID-19 Social and Economic Recovery Plan

Tabled Document 41119(2), Supplementary Estimates (Infrastructure Expenditures), No. 1, 2021-2022

Tabled Document 41219(2), Supplementary Estimates (Operations Expenditures), No.1, 2021-2022

Report of Committee of the Whole

Third reading of bills

Orders of the day

Speaker: MR. SPEAKER

Thank you, Mr. Clerk. This House stands adjourned until Wednesday, June 2nd, 2021, at 1:30 p.m.

Adjournment

The House adjourned at 4:49 p.m.