Thank you, Member for Yellowknife Centre. Recognition of visitors in the gallery. Member for Deh Cho.
Mahsi, Mr. Speaker. As it is Indigenous languages month, I would be remiss if I did not recognize the Dene Got'ie translators. Mary Jane Cazon from Fort Simpson and Samuel Gargan from Fort Providence. Mahsi for all the translating that you do for the elders out there. Mahsi.
Thank you, Member for Deh Cho. Recognition of visitors in the gallery. Member for Range Lake.
Thank you, Mr. Speaker. I'm also pleased to recognize a couple of visitors joining us in the gallery today. The honourable Senator from Nunavut and former government leader and chairman of the Executive Council, Mr. Dennis Patterson. And the director of parliamentary affairs for Senator Patterson's office, Claudine Santos. Mr. Speaker, I'd also like to recognize all of the patient advocates, but Faith Woodruff I'd like to recognize as a former colleague in the NGO world and a personal friend of my own. Really glad to see you in the House. Thank you, Mr. Speaker.
Thank you, Member for Range Lake. Recognition of visitors in the gallery. Member for Thebacha.
Thank you, Mr. Speaker. I'd also like to recognize Dennis Patterson who I also know from the 1970s and consider a friend. Dennis. And I'd also like to recognize Glenna Simon, the new patient advocate for the Fort Smith Health Centre. Thank you, Mr. Speaker.
Thank you, Member for Thebacha. Recognition of visitors in the gallery. Member for Yellowknife South.
Thank you, Mr. Speaker. Mr. Speaker, I'm very pleased to have had the assistance of a couple of pages from Yellowknife South this week. Mr. Jude Brothers was here earlier this week. He's not technically in the House anymore, I didn't realize it was his last day, but I am grateful for his assistance. Today, however, we have Larah Peters, and she is also joined by her parents Michele and Ryan Peters. They are up in the gallery and are residents of Yellowknife South. Thank you, Mr. Speaker.
Thank you, Member for Yellowknife South. Recognition of visitors in the gallery. Member for Sahtu.
Thank you, Mr. Speaker. I'd also like to recognize the patient advocates as well too and just recognizing the Indigenous hire, and it's a much-needed service that is required here in the Northwest Territories. Also to recognize Fraser Lennie and Denise Riddous Voudrach who do have grassroots to the Sahtu. And also respectfully Dennis Patterson. Mahsi, Mr. Speaker.
Thank you, Member for Sahtu. Recognition of visitors in the gallery. If we have missed anyone in the gallery today, welcome to the Chamber, and I hope you are enjoying the proceedings. It is always nice to have people in the gallery. Mahsi.
Thank you, Mr. Speaker. Mr. Speaker, your committee would like to report on its consideration of Bill 57, Miscellaneous Statute Law Amendment Act, 2022.
Bill 57 received second reading in the Legislative Assembly on October 20th, 2022 and was referred to the Standing Committee on Social Development for review. On February 13th, 2023, the standing committee held a public hearing and clausebyclause review of the bill with the Minister of Justice.
Mr. Speaker, the committee reports that Bill 57, Miscellaneous Statute Law Amendment Act, 2022, is ready for consideration in Committee of the Whole. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. Reports of committees on the review of bills. Member for Thebacha.
Thank you, Mr. Speaker. Your committee would like to report its consideration of Bill 61, An Act to Amend the Ombud Act.
Bill 61 received second reading in the Legislative Assembly on November the 2nd, 2022, and was referred to the Standing Committee on Government Operations for review. On January the 25th, 2023, the standing committee held a public hearing and a clausebyclause review of the bill with the sponsor of the bill, the Member for Yellowknife North.
Mr. Speaker, the committee reports that Bill 61, An Act to Amend the Ombud Act, is ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.
Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its report on Bill 61, An Act to Amend the Ombud Act, and commends it to the House.
Bill 61, An Act to Amend the Ombud Act, (Bill 61) received second reading on November 2, 2022 and was referred to the Standing Committee on Government Operations for review.
Bill 61 is a private Member’s bill, sponsored by the Member for Yellowknife North, to amend the Ombud Act. Many of the proposed changes derive from recommendations in the Ombud’s 20192020 Annual Report and in committee’s review of that annual report. Specifically, Bill 61:
Allow residents to make complaints about a wider range of public bodies;
Allows the Ombudsman to investigate complaints going back further in time, to 1999;
Allows the Ombud to provide more notice of investigations to Indigenous organizations; and
Clarifies the Ombud’s mandate.
This report outlines key events leading up to the introduction of Bill 61, describes committee's engagement with stakeholders, and summarizes stakeholders' positions and committee's decisions on key issues.
I will now turn the report over to the MLA for Kam Lake, MLA Cleveland.
Thank you, Member for Thebacha. Member for Kam Lake.
Thank you, Mr. Speaker.
In October 2020, the Speaker tabled the Ombud’s firstever annual report for 20192020. The Ombud’s report made 14 recommendations 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 the Government of the Northwest Territories 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 declined to pursue any legislative changes in the life of the 19th Assembly, agreeing only to consider committee's recommendations in the context of a "future review."
In June 2022, committee followedup on the GNWT’s response in a meeting with the government House leader. Committee wanted to learn more about the GNWT’s position and, more importantly, make one more appeal for changes to the Act in the 19th Assembly. Shortly before, the government House leader and committee had collaborated successfully to incorporate recommendations from the Languages Commissioner, another statutory officer, into legislation in the life of the 19th Assembly. Committee had hoped for a similar process and outcome for the Ombud. Ultimately, the Government maintained its position and declined to make changes.
Committee is dissatisfied that efforts to craft recommendations that would improve government operations – which were endorsed as motions in the Legislative Assembly – are disregarded without meaningful and timely action. Our disappointment grows greater when our recommendations build on recommendations from our statutory officers. The statutory officers provide great expertise and effort in their work yet, in some instances, their recommendations have gone unmet with legislative changes for up to 20 years.
Committee therefore welcomes Bill 61. In particular, committee commends the Member for Yellowknife North for bringing forward these changes on his own initiative. The changes will improve the ability of the Ombud to carry out her mandate for the people of the Northwest Territories.
Committee sought public feedback on Bill 61 with a public notice and targeted engagement letters to key stakeholders. Committee received written submissions from:
The Member for Yellowknife North
The Ombud
The Minister of Justice
The NWT Human Rights Commission.
The Human Rights Adjudication Panel
The Equal Pay Commissioner
The Languages Commissioner The Integrity Commissioner
And one member of the public.
All written submissions are included in an appendix to this report.
Committee also held a public review of Bill 61 on December 9, 2022. At that meeting, committee received oral comments from the Member for Yellowknife North and the Ombud. Committee also met with the NWT Human Rights Commission and the Human Rights Adjudication Panel to hear their concerns on January 16, 2023.
Committee extends our sincere gratitude to everyone who contributed their thoughts, concerns, and advocacy for the review of Bill 61. The engagement in the review process demonstrated a strong commitment to protecting and reinforcing our territory’s institutions and governance. The input helped us to understand the benefits of the proposed changes and put forward amendments to further strengthen the bill.
Mr. Speaker, I would like to pass the reading of this report on to the Member for Inuvik Twin Lakes. Thank you.
Thank you, Member for Kam Lake. Member for Inuvik Twin Lakes.
Thank you.
Bill 61 would mean residents could make complaints to the Ombud about a wider range of public bodies, including housing associations and the Human Rights Commission. In verbal testimony, the Ombud indicated that she has had to turn down complaints because certain public offices are outside her mandate. For example: While the Ombud can investigate a public housing complaint from a tenant in Inuvik, where the local housing organization is defined as an "authority", she cannot investigate the same complaint if it came from Fort McPherson (Teetl'it Zheh), where the LHO is defined as an "association."
The legislative changes would add other public organizations to the mandate of the Ombud that are currently excluded, such as:
the chief rental officer;
the Assessment Appeals Tribunal;
the Social Assistance Appeal Board; and
staffing appeal officers.
According to the Ombud, other Canadian legislation does not typically exclude these types of offices from an Ombud’s mandate. Committee requested a jurisdictional scan from the sponsoring Member, who provided one. The scan confirms the Ombud’s assertion.
Committee previously recommended this change in 2021. Committee continues to support this change and hopes that the Northerners' complaints are treated the same way in each community and as they would be in other provinces and territories.
Bill 61 would allow the Ombud to investigate complaints into matters that have come up since April 1, 1999. Right now, the Ombud can only investigate complaints into matters that have come up since January 1, 2016. The Ombud has reported that the temporal restriction of her authority has prevented her from looking into a small number of cases. She has conveyed that complainants have found the cutoff "arbitrary and unfair" and "hard to accept." The committee has agreed that the Ombud should not have to refuse complaints from 2015 while being able to investigate complaints from 2016.
The Minister of Justice expressed concern at the potential for an "overwhelming number of requests." The Ombud, by contrast, does not share this concern, saying that the legislation gives her many ways to turn down complaints. Committee is satisfied with the Ombud’s explanation and believes any increase in complaints will be manageable. One member of the public also expressed support for the change. They noted that the Ombud’s current restriction to reference information predating 2016 may distort the outcome of an investigation. Committee believes this change will help the Ombud make better, more informed recommendations.
Committee previously recommended this change in 2021 and continues to support this change. Committee finds the April 1, 1999, date appropriate as it is the date on which the modern Northwest Territories came into being. Committee further notes that this new date more closely aligns with the standard in Yukon. Yukon’s Ombudsman Act links the temporal change restriction with the law’s coming into force date, which was July 1, 1996.
Committee is pleased that the Ombud will be able to investigate complaints that predate 2016, and that she can consider all relevant information going further back in time.
Bill 61 would allow the Ombud to provide more notice of investigations, including Indigenous organizations, where the public body being investigated is created from an agreement between the Government of the Northwest Territories and an Indigenous government.
These changes are consistent with two previous committee recommendations. Committee believes these changes will better serve complainants and the authorities subject to a complaint.
Clause 3 of Bill 61 updates section 15(1) of the Act, which defines the Ombud’s mandate. The goal of the clause is to provide clearer wording. The existing wording for the mandate is awkward and was the subject of considerable debate when the Act was first debated in the Legislative Assembly. The new, proposed wording is similar to that of a previous committee recommendation, which itself was based on a motion from the then Committee Chair in the 18th Assembly.
Originally, clause 3 of Bill 61 read:
3. Subsection 15(1) is repealed, and the following is substituted:
15.(1) The mandate of the Ombud is to investigate any decision or recommendation made, or any act done or omitted to be done by an authority or by officers, employees or members of an authority in the exercise of their powers or duties, that
(a) relates to a matter of administration or the implementation of a policy; and
(b) aggrieves or may aggrieve any person or body of persons in their personal capacity.
However, the Ombud was concerned with the phrase "or the implementation of a policy." She cautioned that specifically identifying one category type of matter of administration could lead to a narrower reading of the Ombud’s mandate in the future.
The Minister of Justice was concerned with the same phrase, for a different reason. The Minister thought the wording could be interpreted as expanding the Ombud’s mandate beyond matters of administration, to the potential impact on public policy decisionmaking.
Committee therefore agreed to and passed a motion to amend clause 3. The amendment effectively dropped the problematic phrase from the clause. The Member for Yellowknife North concurred. Committee believes that this deletion addresses the risk for confusion and ensures that the Ombud’s mandate to investigate "a matter of administration" remains intentionally broad.
I'd like to turn it over to the MLA for Thebacha. Thank you, Mr. Speaker.
Thank you, Member for Inuvik Twin Lakes. Member for Thebacha.
Section 23 of the current Act prevents the Ombud from investigating complaints that are within the mandate of certain statutory officers, unless that officer agrees. The current Act applies this restriction to six (6) offices:
The Languages Commissioner;
The Information and Privacy Commissioner;
The Integrity Commissioner;
The chief electoral officer;
The director of Human Rights; and
The Equal Pay Commissioner
Clause 6 of Bill 61, as originally drafted, would have continued to exclude these three statutory officers of the Ombud’s jurisdiction: The Information and Privacy Commissioner, the Integrity Commissioner, and the chief electoral officer. But the bill would have added the three other officers to the Ombud’s jurisdiction: The Languages Commissioner, the Human Rights Commission, and the Equal Pay Commissioner.
All three statutory officers affected by the potential change expressed concern about overlapping jurisdiction with undesirable implications. The Minister of Justice voiced similar concerns and recommended more consultation with all three affected statutory officers.
Committee reviewed and sought to resolve these concerns. Committee wanted to ensure guardrails to ensure that the Ombud cannot override decisions of the Human Rights Commission or the Adjudication Panel.
Committee consulted the Law Clerk on a couple of approaches to amend clause 6. Committee ultimately settled on the cautious approach that would maintain the exclusion of all six statutory officers covered in the existing Act. Committee also decided to expressly exclude the Human Rights Commission and the Adjudication Panel from the Ombud’s jurisdiction.
Committee agreed to and passed a motion with such an amendment at the clausebyclause review. The Member for Yellowknife North concurred.
In a written submission, the Ombud offered three suggestions to further amend Bill 61:
Clarify and make more inclusive the definition of "administrative head";
Remove the phrase "the implementation of a policy" from the Ombud’s mandate; and
Remove the phrase "and any administrative policies of the Clerk" from subsection 42(2).
Committee agreed to and passed an amendment that addresses the Ombud’s second suggestion. Committee did not consider the Ombud’s first and third suggestions, as these were out of scope for Bill 61. Committee believes there’s merit to reviewing both outstanding suggestions in the context of a fuller review of the Ombud Act. Committee has previously recommended that the Government of the Northwest Territories conduct a holistic review of the Ombud Act within the first two years of the 20th Assembly.
Committee believes the issue whether, how, and to what extent the Ombud can investigate other statutory officers of the Assembly merits further study, as part of a broader review. Committee notes that inconsistencies may exist between these statutory officers' jurisdiction – for example, while the Languages Commissioner may investigate a complaint against the Ombud, the converse is not allowed, at least not without the agreement of the Languages Commissioner.
The Standing Committee on Government Operations therefore recommends:
That the Government of the Northwest Territories, in consultation with the Board of Management, lead a holistic review to examine and clarify the jurisdiction of each statutory officer of the Assembly to investigate:
Other statutory officers of the Assembly;
Public bodies that exercise statutory authority on behalf of the Executive; and
Public bodies that provide statutory advisory services to the Executive.
The review should identify areas of over and underlapping jurisdiction and make recommendations to address discrepancies based on best practices.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to this report within 120 days.
On January 25, 2023, committee held a clausebyclause review. Committee passed a motion to report Bill 61, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole.
This concludes the Standing Committee on Government Operations' review of Bill 61.
Mr. Speaker, I move, second by the Member for Kam Lake, that Committee Report 4019(2) Standing Committee on Government Operations Report on Bill 61, An Act to Amend the Ombud Act, be received by the Assembly and referred to the Committee of the Whole. Thank you, Mr. Speaker.
Thank you, Member for Thebacha. The motion is in order. To the motion?
Question.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Bill 61 will be deferred into Committee of the Whole.
Carried
Thank you, Mr. Speaker. Mr. Speaker, I have a Return to Oral Question asked by the Member for Monfwi on February 8, 2023, regarding noninsured health benefits covered areas.
Indigenous Services Canada has advised the Government of the Northwest Territories that noninsured health benefits do not cover stays at inpatient treatment facilities for residents of the Northwest Territories. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Mr. Speaker, can the housing Minister tell us if she or Housing NWT has ever considered a seniors housing strategy for the NWT? Thank you, Mr. Speaker.
Thank you, Member for Thebacha. Minister responsible for Housing NWT.
Thank you, Mr. Speaker. The strategy that we had completed is for all the people throughout the Northwest Territories recognizing areas of improvement that we need to increase our services, increase our communication, and be really working with our partners throughout the territory. But we did make some changes to our seniors programming as well too where we do have the seniors aging in place program that was increased from $10,000 to $15,000. And we have also eliminated the copay for emergency repair for seniors. But we continue having the discussions throughout the Northwest Territories with the seniors societies and nonprofit organizations that do represent seniors, but I look forward to further collaboration. Thank you, Mr. Speaker.
Mr. Speaker, can the Minister tell us if a single flatrate rent system for seniors would work in the NWT? Thank you, Mr. Speaker.
Thank you, Mr. Speaker. And I do agree with the Member, that we need to start looking at rental rates separately calculated for seniors throughout the Northwest Territories. Right now we are looking at our policy changes but this is not an ongoing, but I would like to take a look at our rental rate plan for 20232024 for that review, specifically concentrated on seniors, and also recognizing mobility issues and disabilities and just complicated issues that arise at that age that I want to consider that into the calculation of rent. Thank you, Mr. Speaker.
Mr. Speaker, would the Minister consider doing a pilot project of a flat rental system for seniors to test its usage in the NWT? Thank you, Mr. Speaker.
Thank you, Mr. Speaker. And before any pilot project, I would like to conduct an analysis throughout the Northwest Territories and specifically on seniors as well. And I do also appreciate the Member that providing, I think she gave me the number to this House, there's 2600 I want to say, approximately, seniors throughout the Northwest Territories, and the number is increasing after the age of 70. So I would like to look at the possibilities of a pilot and how we would further be looking at services and improving services for seniors throughout the Northwest Territories. Thank you, Mr. Speaker.
Thank you, Minister. Final supplementary. Member for Thebacha.
Thank you, Mr. Speaker. Mr. Speaker, does the Minister believe that a new or modified disaster assistance policy tailored specifically to seniors would benefit the people of the NWT. Thank you, Mr. Speaker?
Thank you, Mr. Speaker. The disaster assistance policy is linked to federal programming and financial funding through the federal government. We don't necessarily have that policy within housing. And I don't know what the impacts would be I would have to work with my colleagues on this side and looking at what we can further provide when these disasters actually do happen. I do recognize there was a tornado that had happened in Fort Smith. It did affect one of the units. We do have the flood that had happened as well too. But working with my colleagues on this side, we could work together for a more collaborative approach recognizing what can we do differently within the disaster policy. Thank you, Mr. Speaker.
Thank you, Minister. Oral questions. Member for Frame Lake.
Merci, Monsieur le President. My questions are for the Minister of Lands. I outlined some concerns with the process of significantly reducing the size of the land withdrawal for the reindeer grazing reserve. I fully understand that there was a consultation with Inuvialuit and Gwich'in, but there doesn't seem to have been any opportunity for the general public to comment.
So can the Minister explain why that land withdrawal reduction took place and tell us what public engagement also happened? Mahsi, Mr. Speaker.
Thank you, Member for Frame Lake. Minister responsible for Lands.
Thank you, Mr. Speaker. Mr. Speaker, the land withdrawal order for the reindeer grazing reserve was originally established by the federal government in 1936, as the Member has said here in his Member's statement. The reindeer herd has never used the full area of the original land withdrawal. The very large withdrawal area resulted in local requests for leases being refused, including interest in cultural healing camps, personal cabins, and tourism lodging opportunities. Starting in 2021, the Department of Environment and Natural Resources and Lands engaged with the Gwich'in and Inuvialuit land claim organizations and wildlife management boards to consider a size reduction to the reserve. The land withdrawal change was completed in September of 2022. Thank you, Mr. Speaker.
Merci, Monsieur le President. I want to thank the Minister for that. Of course, he managed to forget that there was no public engagement. But presumably the land withdrawal for reindeer grazing offered some conservation value to other species in the area, including migratory waterfowl, bears, and perhaps others.
Can the Minister tell us whether his department researched the conservation value of the land withdrawal for other species before deciding to drastically reduce its size and can he share any such assessment with the public? Mahsi, Mr. Speaker.
Thank you, Mr. Speaker. The reindeer grazing herd was established under a land withdrawal order and never intended to be a protected area or a tool to manage and protect wildlife in the area. The GNWT's approach to reduce the size of the reserve to the area of existing herd activity was discussed with the Inuvialuit Regional Corporation to ensure the needs of the reindeer herd were met. Thank you, Mr. Speaker.
