Thank you, Mr. Speaker. I would also like to recognize Ms. Pam Williams and her daughter Aurora as well too. And my work with Tom as well and looking at what we created and what we're working towards within the portfolio is his legacy. People of the Northwest Territories was his priority, and we continue to work within that mandate. Mahsi for his work, and mahsi for being here today. Thank you.
Thank you, Minister. Recognition of visitors in the gallery.
Welcome. If we have missed anyone in the gallery today, welcome to the Chamber. I hope you're enjoying our proceedings. It's always nice to have an audience with us. Mahsi.
Thank you, Mr. Speaker. Report on Bill 52, Elevators and Lifts Act. Standing Committee on Economic Development and Environment is pleased to provide the Report on Bill 52, Elevators and Lifts Act, and commends it into the House.
Standing Committee on Economic Development and Environment, Bill 52 Elevators and Lifts Act.
Bill 52 Elevators and Lifts Act is the creation of a standalone Act aimed to align the NWT legislation with other jurisdictions. Bill 52 deals with regulation of the installation, use of, inspection of, elevating devices, including lifts and amusement rides.
The bill was referred to the Standing Committee on Economic Development and Environment (committee) on May 31st, 2022. Public notices were provided to solicit comments on the bill. None were received. Committee held a public hearing and clausebyclause review of the bill with the Minister and departmental officials on September 28th, 2022.
Section 68 of the bill describes a report to be provided to the Minister from the chief inspector. Committee is concerned that the details of this report are vague and there is no requirement that the report would be publicly available. During the public hearing held on the bill, the Minister agreed that the annual report should be made available to the public and that all the contents and details would be prescribed in the regulations.
The Standing Committee on Economic Development and Environment recommends the GNWT make the report as described in section 68 of the Act publicly available including details not limited to number of permits issued and in good standing, number of approvals, orders issued, prosecutions and fines, and inspections, etc.
Section 13 of the Act describes the registry content. The bill outlines committee was concerned about the lack of clarity around the type of information collected in the registry, and how it may be made publicly available. During the review of the bill, it was stated that there is already a registry in place and plans are being developed to make it public. The Minister also committed to share draft regulations with committee to implement the new legislation.
The Standing Committee on Economic Development and Environment recommends that the GNWT proactively disclose the information contained in the registry described in section 13 of the Act by making it publicly available without any fees for access.
The Standing Committee on Economic Development and Environment recommends the GNWT provide a response to this report within 120 days.
This concludes the Standing Committee on Economic Development and Environment Report on Bill 52, Elevators and Lifts Act. Committee would like to thank the Minister and departmental officials in committee’s review of the bill. Thank you, Mr. Speaker.
Thank you, Member for Nunakput. Reports of standing and special committees. Member for Nunakput.
Mr. Speaker, I move, second by the honourable Member from Deh Cho, that the Standing Committee on Economic Development and Environment Report, Bill 52, Elevators and Lifts Act, to be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.
Thank you, Member for Nunakput. The motion is in order. To the motion.
Question.
MR. SPEAKER:
Carried
Report on Bill 52 will be moved into Committee of the Whole.
Reports of standing and special committees. Member for Yellowknife North.
Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 20202021 Annual Report of the Ombud and commends it to the House.
The Standing Committee on Government Operations has reviewed the 20202021 Annual Report of the Ombud.
The Ombud Act requires the Ombud to prepare an annual report. The report includes information on the number of inquiries and complaints received. It can also include recommendations. The Speaker tables the report in the Legislative Assembly. Once tabled, the committee reviews the report. As part of the review the Ombud, Ms. Colette Langlois, appeared before committee on February 11, 2022.
The committee commends her userfriendly approach in her annual report. The strong visuals, plain language, and ample statistics provided an excellent template to understand the Ombud’s activities. The committee report follows up on previous recommendations from the Ombud and from committee to improve the Ombud Act – work that the Government of the Northwest Territories has declined to pursue in the life of the 19th Assembly.
The committee also makes two substantive recommendations in this report:
First, that the GNWT review and amend the Ombud Act by Fall 2025; and,
Second, that the Speaker amend the Rules of the Northwest Territories Assembly to allow annual reports of statutory officers to be made available to the public sooner. The committee is pleased to submit this report to the Legislative Assembly and looks forward to its earnest consideration.
I'll now pass it over to the Member for Tu NedheWiilideh
Thank you, Member for Yellowknife North. Member for Tu NedheWiilideh.
Thank you, Mr. Speaker. In October 2020, the Speaker tabled the Ombud’s firstever annual report for 201920. The Ombud’s report made 14 for legislative changes to the Act. The recommendations were informed by:
The Ombud’s review of legislation in other jurisdictions;
The advice she received from other Ombuds and legal professionals; and.
The issues that arose when responding to individual complaints in her first year in the role.
The Ombud made her recommendations "with the intent of ensuring that my office is fully enabled to fulfill the purpose and vision with which the Legislative Assembly created it."
Committee endorsed many of the Ombud’s recommendations in our subsequent review report. That report was tabled in May 2021 and discussed in Committee of the Whole.
The Legislative Assembly ultimately adopted seven motions that recommended changes to the Act. At the time, Members hoped that the GNWT would put forward amending legislation in the remaining two years of the 19th Assembly. In this regard, the GNWT’s November 2021 response was disappointing. The GNWT agreed to reconsider certain recommendations but only in the context of "full review".
On other recommendation, the GNWT expressed caution or reluctance for future consideration. The GNWT ultimately declined to pursue any legislative changes in the life of the 19th Assembly, determining that the timing would be "more appropriate" in the 20th Assembly. However, the GNWT has not committed to pursue changes to the 20th Assembly either. Thank you, Mr. Speaker.
Thank you, Member for Tu NedheWiilideh. Reports of standing and special committees. Member for Yellowknife North.
Thank you, Mr. Speaker.
At her February 2021 appearance before committee, the Ombud confirmed that the outstanding recommendations in her first 20192020 Annual Report are still relevant. She reported that "the recommendations really haven’t changed" and that she would "certainly repeat them before the end of her mandate to ensure they are still on the record." The committee believes it is important to reiterate the Ombud’s recommendations, as long as they remain unimplemented, before the end of her mandate.
Her recommendations for changing the Ombud Act are:
Broaden the definition of "authorities" to include territorial government offices that are excluded from the current schedules.
Include the authorities created under the Human Rights Act in the schedule.
Remove references to "judicial review" in section 17.
Amend subsection 17(2) to remove the requirement that the Ombud consider whether a complainant’s failure to exercise a right of appeal or objection was "unreasonable" before accepting a complaint.
Replace subsection 17(3) with a provision that authorizes the Ombud to investigate matters that occurred before into force of the Act, without any limitation period.
Remove the reference to the director of human rights from section 23.
Amend subparagraph 22(1)(g)(i) so that it applies before an investigation as well as during the course of the investigation.
Amend paragraph 22(2)(a) to remove the requirement for the Ombud to notify the authority any time the Ombud refuses to investigate a complaint.
Replace section 29 with a provision similar to subsection 25(7) of the Ombudsman Act (Saskatchewan) to remove potential barriers to investigating some complaints where complainants cannot provide written consent to disclosure of their information, or where third party information is required.
Amend the Act to include a new provision ensuring that authorities are permitted to provide information to the Ombud voluntarily.
Amend the Act to include a new provision preventing the disclosure of information originating from the Office of the Ombud.
Remove the requirement for the Ombud’s policies and procedures to comply with administrative policies of the clerk.
Replace the term "authority" with a term that would be more recognizable to members of the public.
Revise subsection 15(1) for clarity.
In her remarks, the Ombud placed the highest priority on recommendations dealing with her jurisdiction to investigate complaints. This topic corresponds to recommendations number 1 through 6.
The Ombud’s jurisdictional recommendations are important because they impact the public and whether they can make a complaint.
I'll now pass it over to MLA Semmler. Thank you, Mr. Speaker.
Thank you, Member for Yellowknife North. Reports of standing and special committees. Member for Inuvik Twin Lakes.
The Ombud described several ways the Act, as it is written now, prevents the public from making complaints and why this is problematic:
The Act allows the Ombud to investigate housing authorities but not housing associations. In practice, this means the Ombud can investigate a public housing complaint from a tenant Yellowknife (Sombaa K'e) but not the same complaint from a tenant in Fort McPherson (Teetl'it Zheh) or in the other ten communities where the local housing organization is defined as an association. The jurisdictional restriction on investigating housing associations raises an equity of access issue. Residents in certain generally smaller communities are unable to request investigations and pursue remedies to matters related to their local housing association.
Committee wants to see this equity of access issue resolved as soon as possible.
The Ombud reported that she has heard concerns about the NWT Rental Office but she cannot substantiate those concerns because the Act leaves out the NWT Rental Office from her jurisdiction. A number of other offices also fall outside of her jurisdiction: The Assessment Appeals Tribunal, the Social Assistance Appeal Board, and the Staffing Appeals Officer, among others.
The Ombud indicated that the NWT's Ombud Act "is an outlier, in terms of legislation, across Canada. Everyone else has a broader provision." This means that NWT residents have less scope to seek administrative fairness in government administration and services compared with other Canadians.
Committee wants to see Northerners' complaints treated the same way as they would be in other provinces and territories.
The Act restricts the Ombud from investigating matters that occurred before January 1, 2016. This restriction has, in practice, prevented the Ombud from launching investigations into some complaints. The Ombud has reported that complainants found the cutoff "arbitrary and unfair" and "hard to accept." This means that complainants who may have experienced a historical unfairness cannot access a remedy through the Ombud’s office. The committee wants to ensure that all substantiated complaints from Northerners are investigated regardless of when the matter occurred.
The committee finds that the Ombud’s recommendations to amend the Ombud Act well researched and aligned with statutory standards elsewhere. The recommendations have merit and should be considered for implementation with the shortest delay. The Standing Committee on Government Operations therefore recommends:
That the Government of the Northwest Territories, in consultation with the Standing Committee on Government Operations and within the first two years of the 20th Assembly, review each of the Ombud’s recommendations in her 20192020 Annual Report in the context of a holistic review of the Ombud Act and amend the Act accordingly. The committee also encourages the Ombud to convey the continued relevance of outstanding recommendations in each of the annual reports.
I will now pass it over to the Member for Yellowknife North. Thank you.
Thank you, Member for Inuvik Twin Lakes. Member for Yellowknife North.
It is important for the annual reports of statutory officers, like the Ombud, to be released in a timely manner. Timely release allows for any problems identified by statutory officers, and recommendations to fix them, to be addressed sooner. The Committee’s review process is also more relevant when annual reports are provided shortly after the year’s end. Ultimately, timely release enhances the effectiveness of the committee’s oversight of government. The Ombud’s Annual Report is not currently released to committee or the public in a timely manner. The Ombud’s first two annual reports, for 201920 and 202021, were released only once they were tabled in the Legislative Assembly. Tabling occurred in the fall session of the Assembly – six to eight months after the fiscal yearend in March.
The delay is not the result of the slowness on the Ombud’s part. The Act requires the Ombud to prepare and submit her annual report to the Speaker "no later than July 1st. The Speaker must then table the report" as soon as is reasonably practicable.
Tabling a document has the effect of making it available to the public. Historically, the Speaker only tables a document during session, the period of time when the Legislative Assembly holds its meetings. In most years, the next instance after July 1st when session is held is in the fall. This implies a period of three to five months during which the annual report is complete but not available for committee or the public to review.
The annual reports of other statutory officers, such as the Information and Privacy Commissioner and the Languages Commissioner, are also typically available to committee and the public in the fall session. Committee wants to see the annual reports of statutory officers, and of all public entities more generally, released in a timelier fashion.
The Standing Committee on Government Operations therefore recommends:
That the Speaker of the Northwest Territories, in consultation with the Standing Committee on Rules and Procedures, and before the end of the 19th Assembly, review and amend the Rules of the Northwest Territories Legislative Assembly, to allow annual reports of statutory officers to be released publicly once they are received, and before they are tabled. This rule change should, in effect, allow the Speaker to make available to committee and to the public the Ombud’s annual report upon receipt or shortly thereafter.
This concludes the Standing Committee on Government Operations Report on the Review of the 20202021 Annual Report of the Ombud. Committee looks forward to the government’s response to these recommendations.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to this report within 120 days. Thank you, Mr. Speaker.
Thank you, Member for Yellowknife North. Reports of standing and special committees.
Mr. Speaker, I MOVE, seconded by the honourable Member for Deh Cho, that the Standing Committee on Government Operations' Report on the Review of the 20202021 Annual Report of the Ombud be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.
Thank you, Member for Yellowknife North. The motion is in order. To the motion.
Question.
MR. SPEAKER:
Carried
The report of the Ombud will be moved into Committee of the Whole later today. Thank you.
Thank you, Mr. Speaker I'm bringing up again that barging in Nunakput how we I wouldn't say how we failed but how we're working together to try to provide service. You know, like I told you in my Member's statement earlier today that all of our the people that were having to fly in goods, groceries and the young families having to fly Pampers in and that into Paulatuk and Ulukhaktok, Mr. Speaker, is there any way that we could work together with them if they brought receipts back from that certain timeframe, would the Minister be able to entertain that we'd be able to help them in refunds from MTS? Thank you, Mr. Speaker.
Thank you, Member for Nunakput. Minister responsible for Infrastructure.
Thank you, Mr. Speaker. Mr. Speaker, 2022 has been like no other year in the operation of MTS. I mean, we've had many factors, barges being late, buoys being placed a month, weather factors. The list goes on, Mr. Speaker. I hear the Member's concern about working with the residents to try and have a look at some of the stuff that's been brought in and perhaps I mentioned yesterday that we are working on contingency plans. So that will be part of it. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. No, I thank the Minister for that. I just want a commitment in regards to being able to hand in a receipt if it's possible to MTS in regards to getting funds back to the constituents as my constituency is the most northerly constituency, and it's highest cost of living besides yours, Mr. Speaker. Thank you.
Thank you, Mr. Speaker. Mr. Speaker, you know what? I've been saying "yes" all week so this is going to be one of those that are probably going to be "no." I can't commit right now, Mr. Speaker. I mean, there's a lot of number of things we need to look at. We are taking responsibility for the goods that are affected by the barge going in. So we are looking after those. To the extent of what means and how much that would cost, that's still underway. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Mr. Speaker, I guess this next week I have my leadership coming down, of my mayors from the communities in regards to the goforward on a barging plan to work with the Minister and the department. I really think that in the talks I think something like this should be brought up anyway. And I just wanted to make sure that we get commitment from our Minister in regards to working together to try to compensate everybody that's been affected. It's not their fault that what happened. And we should be if they had to fly goods in, they should be compensated. And I want the department to think about that and they got a week to think about it because I got my leadership coming down to work together with the government to get this sorted out. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Mr. Speaker, I mentioned to the Member that I would be working with the Member and the residents the leadership, sorry, in Sachs Harbour. So I do want to note that the Department of Infrastructure's undertaking a postseason evaluation. So what that means it would be examining what occurred, what additional mitigation can be considered in the future so we don't have this. Thank you, Mr. Speaker.
Thank you, Minister. Final supplementary, Member for Nunakput.
Thank you, Mr. Speaker. I thank the Minister for that. Mr. Speaker, us being, I guess, laid up or tied up, I guess, for the rest of the season, say for instance in Paulatuk, will there be any employment opportunities for security or watching the vessels and stuff like that for community members and because I did get a call from a young man that was looking into something doing something like that to provide that service for MTS; is that possible? Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Mr. Speaker, of course, you know, with all the equipment that is waiting to get in the community, you know, it's our responsibility to be able to ensure that they're kept secure. And that's something that we need to do. Thank you, Mr. Speaker.
Thank you, Minister. Oral questions. Member for Hay River South.
Thank you, Mr. Speaker. Mr. Speaker, it's been a few months here since flooding occurred in Hay River, and people want to get back in their homes. So Mr. Speaker, I'd like to ask the Minister what is the staff complement and duties of those persons currently assisting residents and businesses affected by the flood in Hay River? Thank you.
Thank you, Member for Hay River South. Minister responsible for MACA.
Thank you, Mr. Speaker. Mr. Speaker, there is presently eight MACA declared solely to the 2022 flood recovery effort. We have a director and a finance officer in Yellowknife, and we have six pathfinders; four in Hay River and two in Yellowknife. In addition, there's excessive support being provided by several staff at Yellowknife, or headquarters, and the South Slave Region as well as other GNWT departments, including Environment and Natural Resources, Infrastructure, Housing NWT, and Finance. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. And I thank the Minister for that. It's interesting that, you know, we have eight people really on the ground looking after $200 million roughly, which is probably bigger than some departments. So either we're going to have to reassess how we're managing things internally.
Mr. Speaker, what restrictions have been I'd like to ask the Minister what restrictions have been placed on disbursement of funding under the DAP program by the federal government? Thank you.
Thank you. Municipal and Community Affairs is providing disaster assistance recovery from the 2022 flood consistent with the GNWT Executive Council Disaster Assistance Policy with two federal government programs. The disaster Assistance Policy is a governmentfunded program that may be implemented after widespread disaster to ensure essential community functions and covers the essential basic needs of residents and businesses. Disaster assistance is limited to essential items, the loss of which was either preventable or noninsurable. It is not an insurance program to recover all losses and provide assistance to restore eligible items as per predisaster conditions. The GNWT policy is modeled on the federal government's Disaster Financial Assistance Arrangements, or the DFAA, and is designed to help maximize financial assistance available for the DFAA.
There are numerous requirements that MACA must follow laid out in the GNWT's Disaster Assistance Policy and the federal program. Our pathfinders are in place to help residents and businesses with the process to assist disaster assistance and to answer their questions about their requirement. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. It sounded like that was just kind of a generalization so there wasn't any really specific answer, I guess, with respect to, you know, any restrictions by the federal government. But I'll move on.
Mr. Speaker, residents and businesses are concerned that they are required to cover the cost above the advanced payment received for damages and then submit receipts for reimbursement for the other half. The only way for many to accomplish this is through a loan as many do not have the funds available. I'd like to ask the Minister is this a federal or GNWT requirement, and what are the options if one does not have the funds and cannot obtain a loan? Thank you
Thank you, Mr. Speaker. Mr. Speaker, residents and businesses may receive an advance up to 50 percent of the damage identified in the damage assessment that were completed with each resident and business. Those who have unique hardships, where they are required to pay specific costs in advance or are unable to access other finances and have no other options, may be eligible for an advancement up to 100 percent of their anticipated costs for repairs. GNWT pathfinders have been working directly with those individuals who have indicated that they meet the criteria in additional assistance. Individuals should contact GNWT pathfinders' assistance for their unique situations. Mr. Speaker, again, if the situation's unique, please have them reach out to our pathfinders, and we're more than willing to work with these individuals. Thank you, Mr. Speaker.
Thank you, Minister. Final supplementary, Member for Hay River South.
Thank you, Mr. Speaker. Mr. Speaker, the problem with that analysis is that, you know, you may have a group of people who were able to get loans and ended up paying having to pay interest, and, you know, and then you've got another group that get turned down and they won't be stuck with any interest. So that's something I'd like the Minister to think about.
Mr. Speaker, here's a million dollar question: Will the Minister with technical staff commit to coming to Hay River and meeting on site and in an office setting with residents and business owners who are working through the DAP process? And October 27th and 28th of this year would be acceptable dates. Thank you.
Wow, the Member's telling us when we can do it, and it's really good. I think there may have been an email exchange back and forth between the Member and myself. But just so people are aware, MACA has been meeting frequently with residents in Hay River office and on site, on their properties. These meetings are occurring on an ongoing basis with our pathfinders as well as senior management for those individuals who completed situations.
Mr. Speaker, I have to applaud the Member from Hay River North, Hay River South, and the Deh Cho for reaching out and working with us, and having these conversations and inviting us to that. So as the Member has said, that date works for our technical staff on the 27th and 28th. We will work with the three Members to set up what type of meetings we'll have with them so that we can meet the requirements of impacted residents on that.
As for myself, with my schedule, I'll work with the Member when I can get into the communities. And again, I really have to stress I have to thank the three Members. I've had displeasure of dealing with floods myself last year, and I applaud them for the work they're doing for the residents. So thank you, Mr. Speaker.
Thank you, Minister. Oral questions. Member for Inuvik Twin Lakes.
