Thank you, Mr. Speaker. It's going to be another marathon for Standing Committee on Government Operations. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Office of the Information and Privacy Commissioner.
Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 10-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Office of the Information and Privacy Commissioner be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake. Reports on standing and special committees -- oh, sorry. Motion is in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion is passed.
---Carried
Standing committee on government operations report on the review of the 2023-2024 annual report of the northwest territories information and privacy commissioner
Introduction
The Standing Committee on Government Operations (Committee) has reviewed the 2023-2024 Annual Report of the Northwest Territories Information and Privacy Commissioner (Commissioner). The Committee thanks Mr. Andrew Fox, Information and Privacy Commissioner, for his appearance before Committee on September 12, 2024.
The Access to Information and Protection of Privacy Act (ATIPP) and the Health Information Act (HIA) require the Commissioner to prepare an annual report. The Speaker tables the report in the Legislative Assembly; once tabled, Committee reviews it.
The Commissioner’s 2023-2024 report includes an assessment of the effectiveness of the Act, a report on the Office’s activities, and recommendations for consideration by the Legislative Assembly. The Commissioner’s work and recommendations are reflected in Committee’s observations.
About The Information And Privacy Commissioner
The Information and Privacy Commissioner is a Statutory Officer of the Legislative Assembly. The Commissioner’s primary functions involve:
Receiving and reviewing complaints about breaches of privacy
Receiving and reviewing complaints about the adequacy of public bodies’ responses to access to information requests
Reviewing Privacy Impact Assessments (PIAs), and
Reviewing and commenting on proposed legislation regarding possible implications for privacy protection or access to government information
Observations
Access to Information and Protection of Privacy Act
The Commissioner made two recommendations in the annual report concerning the Access to Information and Protection of Privacy Act (ATIPPA). Additional details about each recommendation can be found in the 2023-2024 annual report:
1.
That the government should consider amending ATIPPA to allow a public body to extend the time once for the period required to complete third-party consultation without authorization by the Commissioner. For subsequent extensions, public bodies should continue to seek authorization from the Commissioner.
2.
That public bodies should review their legal obligations to respond to access to information requests and assess their capacity to provide timely responses within the legislated time periods. They should collectively or individually ensure that the Access and Privacy Office (APO) is adequately resourced to assist public bodies in consistently meeting legal time frames and complying with the associated procedural requirements.
Committee acknowledges and supports the Commissioner’s recommendations concerning the Access to Information and Protection of Privacy Act. Therefore, Committee recommends that:
Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a timeframe for implementing the Information and Privacy Commissioner’s two recommendations related to the Access to Information and Protection of Privacy Act.
Delay in Responding to Access Requests
During the September 12, 2024, public briefing, the Commissioner expressed concerns about the Government of the Northwest Territories (GNWT)’s struggles to meet the legislated timeframes in responding to information requests. The APO is responsible for accepting requests from individuals applying for access to information and correction of personal information. Once the APO receives a request, they work with the relevant public body to retrieve the required records. The Commissioner brought forward to Committee that they believe delays are resulting from the time needed to clarify requests from public bodies and the ongoing issue that the APO lacks resources needed for the timely response to access to information requests within the legislated periods. It was noted by the Commissioner that wording within legislation remains clear and that no specific legislative changes are needed at this time that would help reduce the APO’s workload.
Open Government
In 2019, Bill 29: Act to Amend the Access to Information and Protection of Privacy Act (Act) updated Section 72 to obligate public bodies to identify the types of records without personal information and can, therefore, be made available to the public without the need for a formal access request under the Act.
In addition, the GNWT committed to increasing openness, transparency, and accountability by embracing the “Open Government” movement and publicly releasing the Open Government Policy.
The Open Government Policy outlines actions to advance the GNWT’s commitment to the principles of Open Government in three key areas:
Open Information
Open Information is the proactive release of government-held information in accessible and user-friendly formats. The Proactive Disclosure Directive (Directive), signed in July 2023, outlines information categories and guides public bodies on maximizing information disclosure.
Committee believes that information and documents outlined in the Directive are not being released proactively by the GNWT (for example, Committee is unaware of internal audit and evaluation reports being disclosed). For these reasons, Committee is recommending that:
Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide the date by which all information and documents identified in the Proactive Disclosure Directive will be released and updated.
Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories review and update the Proactive Disclosure Directive to maximize the release of information. Furthermore, Committee requests a date by which this review will be completed.
Open Data
The Open Data Portal (opendata.gov.nt.ca) is designed to make government-held data, including datasets, facts, figures, and statistics, available to the public in accessible and user-friendly formats. As of October 16, 2024, the Portal includes 340 datasets. However, it remains unclear which information resources are to be open and released, what decision processes govern the release of open data, and what efforts departments have made to maximize data release.
Organization
Total
Bureau of Statistics
290
Education, Culture and Employment
4
Environment and Climate Change
12
Executive and Indigenous Affairs
7
Finance
2
Health and Social Services
2
Industry, Tourism and Investment
2
Infrastructure
9
Justice
10
Municipal and Community Affairs
2
Total
340
Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide:
1.
A Directive on Open Government to maximize the release of government information and data of business value to support transparency, accountability, and citizen engagement.
2.
Departmental Open Government Implementation Plans that outline departmental direction, strategies, and initiatives undertaken to meet the requirements of the Open Government Policy.
3.
Inventories of all data and information resources of business value held by each department with determinations of eligibility and priority and the plan for effective release.
4.
Periodic progress reports.
If these directives and guidelines do not yet exist, Committee requests a date by which they will be created and implemented.
Open Dialogue
Open Dialogue refers to the availability of a diverse range of engagement activities designed to facilitate meaningful participation of residents, communities, and organizations in government decision-making processes.
Committee recognizes the 2022 Public Engagement Employee Guide as a significant step toward establishing a unified approach in providing resources to support public engagement. Committee is eager in seeing the success of Open Dialogue and therefore recommends:
Recommendation 5: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide to Committee and publish all evaluation worksheets/reports from public engagement evaluation since the Public Engagement Employee Guide was released in July 2022.
Northwest Territories Health and Social Services Authority Privacy Breach Policy:
The current practice for health information custodians, such as the Northwest Territories Health and Social Services Authority (NTHSSA), is to delay notification of privacy breaches until a full investigation is completed, which often takes several months. This is inconsistent with the Health Information Act (HIA), which requires notice to be provided as soon as reasonably possible after a breach is confirmed. The delay in giving notice prevents individuals from taking timely action to protect their privacy. The Commissioner argues that notice should be given as soon as a privacy breach is confirmed rather than waiting for the full investigation to conclude, as this better aligns with the Health Information Act’s intent. The Commissioner recommends in their 2023-2024 report:
•
That the Health and Social Services Privacy Breach Policy should be amended to require notice to be given to the affected individual(s) and the Information and Privacy Commissioner as soon as reasonably possible once a privacy breach has been confirmed.
Committee recognizes the gap highlighted by the Commissioner between the NTHSSA policy and the HIA. Therefore, Committee is recommending the following:
Recommendation 6: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories work with the Northwest Territories Health and Social Services Authority to amend their Privacy Breach Policy to better align with the Health Information Act’s intent.
Health Information Act
The Commissioner made seven recommendations in the annual report concerning the Health Information Act. Additional details about each recommendation can be found in the 2023-2024 annual report:
1.
That the Department of Health and Social Services should consider implementing a policy, or the government should consider amending the Health Information Act, to require health information custodians to report to the Commissioner regarding the implementation of accepted recommendations.
2.
That Health Information Custodians should continue to reduce or eliminate the use of fax machines to transmit personal health information.
3.
That Health Information Custodians should use secure electronic transmission measures when transmitting personal health information. Privacy training for employees should include detailed instructions on using secure electronic measures.
4.
That Health Information Custodians should prioritize implementation of, and compliance with, the Mandatory Training Policy and ensure that appropriate privacy training is provided for new employees, returning employees, and for all employees annually.
5.
That the Legislative Assembly should consider amending the section amending section 87 of the Health Information Act to require a Health Information Custodian to give notice of a privacy breach within a specific time period. (Pg 19)
6.
That Privacy Impact Assessments addressing any new information system or communication technology that involves the collection, use, or disclosure of personal health information should be completed and submitted so that there is a reasonable period for review by the Information and Privacy Commissioner and for any comments to be considered by the Health Information Custodian in the planning stages before implementation.
7.
That the Legislative Assembly should consider amending Section 89 of the Health Information Act to include similar provisions regarding Privacy Impact Assessments as mandated in section 42.1 of ATIPP.
Committee acknowledges and supports the Commissioner’s recommendations concerning the Health Information Act. Therefore, Committee is recommending the following:
Recommendation 7: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a timeframe for implementing the Information and Privacy Commissioner’s seven recommendations related to the Health Information Act.
Conclusion
This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Information and Privacy Commissioner.
Recommendation 8: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories respond to the recommendations contained in this report within 120 days.
Reports on standing and special committees. Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 10-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Office of the Information and Privacy Commissioner, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake. The motion is in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.
---Carried
Reports on standing and special committees. Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Great Slave, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days. Thank you.
Thank you, Member from Frame Lake. Motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.
---Carried
Reports of Standing and Special Committees. Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Government Operations would like to Report on its Review of the 2023-2024 Annual Report of the Equal Pay Commissioner. Thank you, Mr. Speaker.
Thank you.
Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner, and commends it to the House.
Mr. Speaker, your Standing Committee on Government Operations has reviewed the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner, which will be referred to from now as the "annual report."
The committee thanks Ms. Renée Caron, recently appointed Equal Pay Commissioner, for her appearance before committee on August 29th, 2024. In the Northwest Territories, the right to equal pay for work of equal value is established by Section 40 of the Public Service Act and applies to public service employees. The Act requires the Equal Pay Commissioner to prepare an annual report. The 2023-2024 Annual Report highlights the context for the Commissioner’s work and her activities over the year. Committee wishes to express our heartfelt sympathy to the family and friends of Bronwyn Watters, the former Equal Pay Commissioner, who passed away unexpectedly in the summer of 2023.
About the NWT Equal Pay Commissioner:
Section 40 of the Public Service Act requires that there be no difference in the rate of pay between male and female employees who perform work of equal value in the same establishment. Under the Act, three separate establishments exist:
The government,
The NWT power corporation, and
Teachers.
The Equal Pay Commissioner is responsible for:
Investigating complaints from employees who believe that their right to equal pay for work of equal value has been violated.
Promoting awareness and understanding of equal pay for work of equal value.
Observations
The Northwest Territories stands as a leader in minimizing pay inequity. According to the most recent Statistics Canada census (2021), in the Northwest Territories:
The median wage for tax filers identifying as male was $65,300.
The median wage for tax filers identifying as female was $59,610.
These wages represent one of the smallest gender pay gaps in Canada, which the average of which is 74 percent behind only Nunavut. However, committee urges the government to avoid complacency.
Diversity, equity, and inclusion discussions often focus on traditionally marginalized groups in isolation. For example, the GNWT has policies that promote mentorship opportunities for Indigenous peoples and training to improve 2SLGBTQQIA+ workplace awareness. These efforts are important; however, committee argues they are overly simplistic.
An Intersectional Approach To Pay Equity
Intersectionality is critical to understanding pay equity because it allows us to delve deeper into the multiple factors or demographics that impact compensation rather than focusing on individual factors in isolation. By design, focusing on the average wages across all women may mask disparities that exist when individual experiences or demographics are not incorporated. The United States Equal Employment Opportunity Commission noted that "pay inequity is not solely an issue of sex discrimination, but an intersectional issue that cuts across race, colour, national origin, and other protected classes." An intersectional approach to pay equity necessarily goes beyond comparing the average earnings of men and women.
A Statistics Canada study, Intersectional Perspective on the Canadian Gender Wage Gap, found that in 2022, compared to the average hourly wage for Canadian-born men:
Women who immigrated to Canada as children earn 10.5 percent less;
Women who immigrated to Canada as adults earned 20.9 percent less;
The comparison of average earnings at the intersection of gender and Indigenous status shows that Indigenous women and men earn less than non- Indigenous men and women;
Women who identify with a racialized group earn significantly less than the average male;
Persons with disabilities have lower wages and are more likely to work part-time leading to lower average weekly earnings;
Neurodivergent individuals are more likely to be underemployed, with lower potential earnings versus their neurotypical peers.
Committee believes that the GNWT's current one-dimension approach, based on just gender, misses the full picture. Intersectionality is key to achieving pay equity because it recognizes that individuals experience discrimination and inequality based on the intersection of multiple identities and demographic markers such as race, gender, and age.
During the life of this Assembly, the Government of the Northwest Territories plans to bring forward amendments to the Public Service Act making now an ideal time for the government to consider intersectionality issues surrounding pay equity and propose changes to the legislation. Therefore:
Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories, in collaboration with the Pay Equity Commissioner, review the pay equity provisions of the Public Service Act and bring forward amendments to address how intersectionality impacts pay equity.
Proactive Pay Equity
Collective bargaining and job evaluation systems support pay equity. The GNWT uses the Hay Method of job evaluation as a gender-neutral evaluation system that assesses jobs based on skill, effort, responsibility, and working conditions. However, committee learned that collective bargaining and job evaluation cannot be the sole mechanisms to ensure pay equity.
The 2023-2024 Annual Report points out that "equal pay for work of equal value must be demonstrably established and maintained over time… Maintenance requires a systemic review every few years."
In August 2021, the federal government brought the federal Pay Equity Act into force. The federal Act establishes a proactive pay equity regime for federally regulated workplaces with ten or more employees. Under this regime, employers must proactively examine their compensation practices. The central feature of proactive pay equity is that it requires employers to establish and periodically update a pay equity plan rather than relying on reactive complaints to address and resolve issues.
Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories, in collaboration with the Pay Equity Commissioner, review the pay equity provisions of the Public Service Act and bring forward amendments to require regular maintenance reviews or proactive pay equity plans.
Conclusion
This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner.
Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.
So, Mr. Speaker, I move, seconded by the honourable Member for Great Slave, that Committee Report 11-20(1), Standing Committee on Government Operations Report on the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake. To the motion. Motion's order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.
---Carried
Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days. Thank you, Mr. Speaker.
The motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.
---Carried
Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission.
Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 12-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake. To the motion.
Question.
Question has been called. All those in favour? Those opposed? Absences? Motion has passed.
---Carried
Standing Committee on Government Operations Report on the Review of The 2023-2024 Annual Report of The Northwest Territories Human Rights Commission
Introduction
The Standing Committee on Government Operations (Committee) has reviewed the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission (Annual Report).1 The Committee thanks Mr. Charles Dent, Ms. Nicole MacNeil, and Mr. Sheldon Toner for their appearance before the Committee on August 26, 2024.2
The Human Rights Act requires the Human Rights Commission (Commission) to prepare an annual report.3 The 2023-2024 report highlights the Commission’s focus on community outreach, resolving complaints filed under the Human Rights Act, and continuing advocacy for accessibility legislation.
Committee is providing two recommendations to the Government of the Northwest Territories (GNWT) regarding the implementation of legislation that improves accessibility for the people of the Northwest Territories.
About the Human Rights Commission
The NWT Human Rights Commission works to promote equality human rights and protect individuals and groups from discrimination under the NWT Human Rights Act. The Act creates a human rights system that is independent from the territorial government.
The human rights system in the Northwest Territories is committed to using a restorative approach and is guided by the principles of flexibility, inclusion, remediation and participatory solutions to issues. It is against the law to discriminate against anyone in the following areas:
The NWT Human Rights Act protects 22 grounds: age, disability, race, colour, ancestry, place of origin, ethnic origin, nationality, sex, sexual orientation, gender identity, family status, family affiliation, marital status, social condition, religion, creed, political belief, political association, pardoned criminal conviction, or record suspension.
Observations
Public Hearing
Committee is excited to see the results of the Commission’s work to understand how their processes are working for the people of the Northwest Territories (NWT), particularly the Commission’s Reconciliation Strategy and work plan to improve services to Indigenous Peoples.
Committee is eager to learn more about the Commission’s research into non- disclosure agreement (NDA) legislation that has been a topic of concern across Canada. In addition, Committee appreciated the conversation about protected grounds and looks forward to the Commission’s review of protected grounds.
Accessibility Legislation
Accessibility means full and equal participation for all peoples in our communities, with the physical, information, attitudinal, and systemic barriers removed so people can participate in day-to-day activities or participate in opportunities available to all citizens. An accessible and inclusive territory benefits all of us.
As of 2022, there are more than 8,000 NWT residents over the age of 15 with some form of disability, representing 25.7% of the population.4 As the population ages, the number of people with disabilities and the severity of their disabilities are likely to increase.
For years, the Human Rights Commission and Committee have called on the Government of the Northwest Territories (GNWT) to develop accessibility legislation. While existing human rights laws, such as the NWT Human Rights Act and the Canadian Charter of Rights and Freedoms, allow people to make individual complaints when their rights are violated, they often have limited ability to address systemic problems.
The NWT does not have comprehensive legislation to help identify, remove, and prevent barriers experienced by persons with disabilities. In addition to the federal government’s Accessible Canada Act (2019), eight provinces, Quebec (2004), Ontario (2005), Manitoba (2013), Nova Scotia (2017), Newfoundland and Labrador (2021), British Columbia (2021), Saskatchewan (2023), and New Brunswick (2024) currently have accessibility legislation in place.
Committee strongly believes that it is a function of good government to safeguard and advance the dignity of all persons, including persons with disabilities. Accessibility legislation could create mechanisms, such as accessibility standards and regulations, to address systemic barriers. Therefore:
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories develop accessibility legislation that identifies, removes, and prevents barriers encountered by people with disabilities in their daily lives through the development, implementation, and enforcement of accessibility standards.
Accessibility standards should provide guidance about best practices for accessibility, including desired accessibility outcomes. Standards should cover a variety of areas including service delivery, employment, the built environment, information and communication, and transportation.
Committee was pleased to hear that the GNWT is planning some work around improving accessibility in the built environment:
1.
In June 2024, the Minister of Infrastructure committed to “looking into a building standards framework for the territory that includes an accessibility provision.” The Minister’s further commitment to begin working on a Building Act in 2025-26 is also welcome news.5
2.
Adoption of the 2020 National Building Code (NBC:2020) through Fire Prevention Act regulations amendments. NBC 2020 includes some updated accessibility requirements to reduce barriers related to anthropometrics, plumbing facilities, signage, entrances, and elevators.6
However, Committee is concerned that the government’s plans do not go far enough to address existing accessibility issues in the built environment. Committee learned that building codes often do not align with requirements to make a building accessible, nor will the adoption of NBC:2020 address building accessibility for private owners, private builders, or within municipalities.
CSA B651:23 – Accessible design for the built environment7 is recognized as the most comprehensive description of accessible building practices in Canada. The standard describes the technical requirements for designing and constructing new facilities or exterior environments or modifying existing facilities or exterior environments.
Integrating CSA B651:23 into legislation to make buildings and the exterior built environment safe for those with physical, sensory, or cognitive disabilities could help ensure that builders, private owners, and municipal governments are protected from discrimination claims.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories integrate CSA B651:23 into the recommended accessibility legislation.
Conclusion
This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission. Committee eagerly awaits the government’s response to Committee’s recommendations in CR 5-20(1) Report on the Review of the 2022-2023 Annual Report of the Human Rights Commission,8 and respectively recommends that:
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.
Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 12-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake. Motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Absences? Motion has passed.
---Carried
Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days.
Thank you, Member for Frame Lake. The motion is in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.
---Carried
Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Languages Commissioner. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Languages Commissioner and commends it to the House.
The Standing Committee on Government Operations has reviewed the 2023-2024 Annual Report of the Northwest Territories Languages Commissioner. The committee thanks Ms. Brenda Gauthier, NWT Languages Commissioner, for her appearance before the committee on August 29, 2024.
The Official Languages Act requires the Languages Commissioner to prepare an annual report.
The 2023-2024 report highlights the Commissioner’s focus on community outreach, investigating complaints and inquiries, and continued advocacy for the Government of the Northwest Territories Indigenous Languages and Education Secretariat to mirror the services provided by the Francophone Affairs Secretariat.
About the Office of the Languages Commissioner
The Commissioner has a narrow scope to investigate complaints that violate the Act and to promote the Office of the Languages Commissioner. The Northwest Territories has eleven official languages:
English,
French,
Chipewyan,
South Slavey,
North Slavey,
Gwich'in,
Inuinnaqtun,
Inuktitut,
Inuvialuktun,
Cree, and
Tlicho.
Observations
Review Indigenous Languages Service Offerings
The Commissioner put forward two recommendations in the 2023-2024 Annual Report. The first recommendation is repeated from last year and called on the Government of the Northwest Territories to mirror the Indigenous Languages and Education Secretariat to the Francophone Affairs Secretariat. Committee agreed with this recommendation and submitted it for the GNWT's consideration in Committee Report 4-20(1), Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Languages Commissioner. Committee anticipates the government's response to this recommendation in the Fall 2024 session of the Legislative Assembly.
Providing Services in All Official Languages
The second recommendation of the Commissioner is that the GNWT do more to provide services in all official languages in government institutions in all communities. One way to accomplish this is to collaborate with Indigenous regional governments.
The Official Languages Act, 11(2), states that any member of the public in the Northwest Territories has the right to communicate with and to receive services from any regional, area, or community office of a government institution in an official language other than English or French spoken in that region or community, where
There is a significant demand for communications and services from the office in that language; or
It is reasonable, given the nature of the office, that communications with and services from it be available in that language.
However, committee notes that there is no definition of "significant demand," nor are any communities identified as having "significant demand" for Indigenous languages in the Official Languages Act Government Institutions Regulations. Therefore:
Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories define the term "significant demand." Appendix A of the Official Languages Guidelines Manual, published in 1997, outlines designated geographic areas for the use of official languages by the GNWT. While updating these guidelines is an action identified in the current NWT Indigenous Languages Action Plan, committee is not aware of the GNWT delivering services to the public in any official Indigenous languages in designated areas at this time.
Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories prioritize Action 2.1 of the Indigenous Languages Action Plan to update official languages regulations, policies, and guidelines as soon as possible. According to the 2021 Statistics Canada census, 5,385 people in the NWT (which is 13.2 percent of the population) reported speaking an Indigenous language. In comparison, just over 1 in 10 people (or 10.8 percent) could conduct a conversation in French in 2021. The municipalities with a population of more than 500 that had the highest proportion of people who spoke French were in Yellowknife, Hay River, and Norman Wells. Meanwhile, the Government Institution Regulations identify Fort Smith, Hay River, Inuvik, and Yellowknife as having significant demand for communications with and services to the public in both English and French.
Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories update the Government Institution Regulations to accurately reflect the requirements of Section 11 of the Official Languages Act by specifying:
Which head or central offices in which communities are required to communicate with and provide services in English and French
Which regional area or community offices in which communities are required to communicate with and provide services in which Indigenous languages.
In 1984, the Government of Canada partnered with the GNWT to fund Indigenous languages programming and services in the territory. Since 2017, the GNWT has received $5.9 million each year under the Canada-NWT Cooperation Language Agreement to support Indigenous languages programs and initiatives. Of that funding, $4.9 million goes directly to Indigenous governments to support the development of Indigenous languages plans and community-based revitalization programs. The GNWT uses the remaining portion of the funding to deliver the Mentor-Apprenticeship Program, Indigenous Language Revitalization Scholarships, and to administer the funding agreement.
Committee recognizes the Truth and Reconciliation Commission’s Call to Action 14.4 which states that the preservation, revitalization, and strengthening of Aboriginal languages and cultures are best managed by Indigenous people and communities. However, committee also strongly believes that active reconciliation requires ongoing support and engagement. As such, simply passing along funding to Indigenous governments does not allow the GNWT to abdicate its responsibility to actively provide services and programming to our residents in the official languages of the NWT.
As stated in the 2017 NWT Indigenous Languages Framework, Every NWT resident has the right to access the same high-quality public services. In the NWT, there are nine official Indigenous languages alongside English and French. Currently, speakers of the NWT's official Indigenous languages do not have equitable access to services in their language. The goal of language access speaks to the need for all people to be able to use and benefit from high-quality public services in all official languages, including Aboriginal languages. Public services include things like health care, justice, legislative proceedings, education, and public hearings. Yet seven years later, 41 percent (7/17) of the deliverables in the NWT Indigenous Languages Action Plan to improve access to public services in all official languages remain incomplete
Committee recognizes that offering frontline services in Indigenous languages comes with significant challenges such as training staff, developing resources, and the availability of language speakers. Committee is concerned that:
There is insufficient funding and capacity for the GNWT to successfully champion improving the public's access to government programs and services in all official languages; and,
The Premier did not identify a Minister responsible for Official Languages, and yet the Official Languages Act requires a Minister be held responsible. By default, the responsibility for official languages seems to have fallen on the Minister of Education, Culture and Employment. However, the ECE Minister does not have the authority to direct other departments on the use of official languages in their program delivery, nor do they possess the authority to hold other departments accountable for poor performance.
Therefore:
Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories implement the funding and resources necessary to ensure speakers of the NWT's official Indigenous languages have access to government services in their language.
Recommendation 5: The Standing Committee on Government Operations recommends that the Premier of the Northwest Territories clarify the roles and responsibilities held by the various departments and Ministers regarding official languages to ensure that all eleven of the Northwest Territories languages are treated equitably.
Languages Commissioner
The Official Languages Act was amended in 1990 to create the position of Languages Commissioner to act as a linguistic ombud for people who have complaints that their linguistic rights are not being upheld – the first ombud-like position in the NWT. Interestingly, the first Annual Report of the Languages Commissioner for the Year 1992-1993 states that: The Official Languages Act simply provides a framework for choice – those people who cannot communicate in English, or who prefer to communicate in a language other than English, now have certain guarantees from their government that they can communicate in their own language. It is about respect for minorities, about breaking down systemic barriers that have existed for years, and about fairness. It is about equal opportunity for linguistic minorities to participate in the affairs of government. Thirty-two years later, the Languages Commissioner is still advocating for fundamental improvements in language provision in government services while the GNWT has not yet to make meaningful advancements in providing government services in Indigenous languages.
Ms. Brenda Gauthier, the 8th Languages Commissioner, stated that she will leave the office at the end of her four-year term in January 2025. She is concerned that the scope of the Languages Commissioner, as laid out in the Act, is too narrow compared to other statutory officers of the Legislative Assembly.
In addition to investigating complaints received and promoting public education, most statutory officers provide an assessment of the effectiveness of their respective legislation. Within the Official Languages Act, that responsibility falls on the official language boards with recommendations made to the Minister, not the Legislative Assembly. As such:
Recommendation 6: The Standing Committee on Government Operations recommends that the Legislative Assembly review the duties and mandate of the Languages Commissioner before the recruitment and appointment of a new Commissioner to ensure that the next Commissioner has the resources to successfully act as the guardian of languages rights in the NWT.
Conclusion
This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Languages Commissioner of the Northwest Territories. Committee eagerly awaits the government's response to committee's recommendations in Committee Report 4-20(1), Report on the Review of the 2022-2023 Annual Report of the Languages Commissioner, and respectfully recommends that the Government of the Northwest Territories provide a response to the recommendations contained within this report within 120 days.
Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 13-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Official Languages Commissioner, be received and adopted by this Assembly. Thank you, Mr. Speaker.
Thank you, Member from Frame Lake. The motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? The motion is carried.
---Carried
Member from Frame Lake.
