Thank you, Mr. Speaker. Mr. Speaker, I'd like to recognize Ms. Tarlson's grade 8 class from Range Lake North, which is a school in my riding. Great to see you here today, and it was lovely to speak with you before the session. Go Hoyas.
Thank you, Member from Range Lake. Recognition of visitors in the gallery. Member for Tu Nedhe-Wiilideh.
Thank you, Mr. Speaker. Mr. Speaker, I would like to recognize a constituent of mine, Verna Abel Catholic. I just want to say welcome to the Assembly. Also to all the students from the college and the students from Range Lake as well. Thank you.
Thank you, Member from Tu Nedhe-Wiilideh. Recognition of visitors in the gallery. Member from Mackenzie Delta.
Thank you, Mr. Speaker. Today I would like to recognize my CA, Georgina Neyando, who has travelled down with me from Fort McPherson to be here to take in some -- do some work here in the Assembly on my behalf. I'd just like to welcome Georgina. Thank you, Mr. Speaker.
Recognition of visitors in the gallery. Member from Yellowknife Centre.
Thank you, Mr. Speaker. Mr. Speaker, I'd like to recognize the students of Aurora College. That's an excellent campus downtown in the Yellowknife Centre riding. It's not exclusive in Yellowknife. Yes, we have a campus college in Fort Smith and Inuvik, but today we have the Yellowknife students. Hooray.
Also, Mr. Speaker, I'd also like to recognize a constituent, Corinna -- it looks like Pookas. I haven't met her but that said, I'd like to -- or Puskas, my apologies. Corinna Puskas and our -- seeing our proceedings before the House. Thank you very much.
Recognition of visitors in the gallery. Member from Inuvik Twin Lakes.
Thank you, Mr. Speaker. Mr. Speaker, I'd like to welcome Amy Lee, a long-time colleague of mine way back when. Thank you, Mr. Speaker.
Thank you, Member from Inuvik Twin Lakes. Recognition of visitors in the gallery.
If we've missed anyone in the gallery today, welcome to your chambers. I hope you are enjoying the proceedings. It's always nice to have people -- or see people in our gallery.
Your Standing Committee on Social Development is pleased to provide its Report on the Statutory Review of the Mental Health Act and commends it to the House.
And, Mr. Speaker, I move, seconded by the Member for Mackenzie Delta, that Committee Report 16-20(1), Standing Committee on Social Development Report on the Statutory Review of the Mental Health Act, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Thank you, Member. The motion is in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion passed.
---Carried
Standing Committee On Social DevelopmentReport On Statutory Review: Mental Health Act
Executive Summary
The Standing Committee on Social Development (Committee) was tasked with undertaking the first statutory review of the Mental Health Act (Act). Committee sought feedback on the Act to inform its statutory review.
Committee appreciates everyone who offered their feedback at public meetings and in written submissions. Committee thanks the Department of Health and Social Services for their willingness to work with us, and for providing great insight on the current operations of the Act, including challenges and strengths. Committee believes the fourty (40) recommendations listed in this report will help improve the Act and its operations.
The Standing Committee on Social Development recommends the Government of the Northwest Territories conduct a comparative analysis of the Northwest Territories’ Mental Health Act against other jurisdictions’ mental health care legislation, to significantly reduce and mitigate the administrative burdens and procedural complexities of the Mental Health Act (including Forms under the Mental Health Act) and present constructive amendments to the Mental Health Act for consideration.
Recommendation 2: The Standing Committee on Social Development recommends the Government of the Northwest Territories allow flexibility to the Mental Health Act Review Board to hold hearings outside of the current notice requirement of seven days with the consent of all parties by reviewing Section 70(1) of the Mental Health Act to remove the seven-day notice requirement and defer the minimum notice requirement to the Mental Health Act Review Board Regulations.
Recommendation 3: The Standing Committee on Social Development recommends the Government of the Northwest Territories review Section 10(2) of the Mental Health Act to determine a more realistic timeline to issue a Certificate of Involuntary Assessment, in consultation with the Royal Canadian Mounted Police and physicians including psychiatric professionals.
Recommendation 4: The Standing Committee on Social Development recommends the Government of the Northwest Territories review Section 17 of the Mental Health Act and compare to similar provisions in other jurisdictions to determine the appropriate length of time before a certificate expires in order to issue a renewal certificate.
Recommendation 5: The Standing Committee on Social Development recommends the Government of the Northwest Territories assess the addition of a provision added to the Mental Health Act for the Mental Health Act Review Board to review a certificate after a cancelled hearing based on best practices and national standards.
Recommendation 6: The Standing Committee on Social Development recommends the Government of the Northwest Territories review Sections 66(1)(a) and Section 74(1)(a) and (b) of the Mental Health Act to remove the ability to apply to the Mental Health Act Review Board to cancel Form 2 – Certificate of Involuntary Assessment.
Recommendation 7: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the Mental Health Act and its regulations (e.g. Section 16(1) of the Mental Health Act Review Board Regulations) to reflect timelines in days or business days, rather than hours, where appropriate.
Recommendation 8: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the Mental Health Act Review Board to clarify where and how the Interpretation Act applies to the Mental Health Act and determine if the current two-day timeline in Section 67(2) remains a challenge despite the flexibility afforded by the Interpretation Act.
Recommendation 9: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the Mental Health Act Review Board to find ways to streamline the hearing process and evaluate the time it takes to conduct a hearing and reasons why the hearing process may be deemed too long.
Recommendation 10: The Standing Committee on Social Development recommends the Government of the Northwest Territories review and expand the role of the cultural advisor under Section 71(5) and Section 68(1) of the Mental Health Act including adjusting the wording “to a review panel” in the Mental Health Act to “a time deemed appropriate for patient needs”.
Recommendation 11: The Standing Committee on Social Development recommends the Government of the Northwest Territories include a specific provision in the Mental Health Act that outlines that the Mental Health Act Review Board panel may disclose information to the cultural advisor to the extent the panel deems necessary or wording that outlines how and when the cultural advisor will receive information.
Recommendation 12: The Standing Committee on Social Development recommends the Government of the Northwest Territories provide training to staff and Mental Health Act Review Board panel members on the disclosure of information provisions held within the Mental Health Act, and the processes that follow them.
Recommendation 13: The Standing Committee on Social Development recommends the Government of the Northwest Territories review, compare and adjust definitions and terminology in the Mental Health Act against healthcare operations and language to promote appropriate and streamlined operationalization of the Mental Health Act.
Recommendation 14: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the suitability of the Inuvik Regional Hospital and the Hay River Health Centre as designated facilities (including an analysis of environmental and staffing capacity) under the Mental Health Act and review the ability to add different classes of designated facilities within the Mental Health Act and its regulations, using other jurisdictional models as an example.
Recommendation 15: The Standing Committee on Social Development recommends the Government of the Northwest Territories review and expand the definition of “mental disorder” in the Mental Health Act by conducting a jurisdictional review of definitions.
Recommendation 16: The Standing Committee on Social Development recommends the Government of the Northwest Territories establish an ongoing territorial working group with involvement from the Royal Canadian Mounted Police and health staff/professionals to ensure legislation, mandates and processes align in administering the Mental Health Act and providing services for mental health crisis emergency response in communities.
Recommendation 17: The Standing Committee on Social Development recommends the Government of the Northwest Territories evaluate whether the definition of the acceptance of a patient after conveyance can be moved to the Mental Health Act’s regulations.
Recommendation 18: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the definition of “health professional” within the Mental Health Act to determine if the list can be further expanded where appropriate.
Recommendation 19: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review provisions related to the apprehension, conveyance, and transfer of patients under the Mental Health Act, including consulting with Royal Canadian Mounted Police and medical staff to have agreement on proper protocols and the development of a flow diagram for the transport of patients under the Mental Health Act in and out of territory.
Recommendation 20: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review provisions of the Mental Health Act and its regulations related to the apprehension, conveyance, and transfer of patients to specify the responsibility of peace officers in these processes.
Recommendation 21: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review provisions related to Short Term Leave in the Mental Health Act, especially related to the enforcement of a lack of compliance and streamlining administration so that Short Term Leave is less burdensome on staff, and that the review of these provisions be done with the lens of reviewing similar provisions in other jurisdictions.
Recommendation 22: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review Section 52(1.2) of the Mental Health Act, Section 7 of the Apprehension, Conveyance and Transfer Regulations, and other sections of the Mental Health Act related to the temporary detention of patients, and bring forward changes to the Mental Health Act that provide solutions to issues related to the temporary detention of patients. This review should be completed in collaboration with the Royal Canadian Mounted Police, designated facilities, and relevant staff.
Recommendation 23: The Standing Committee on Social Development recommends that the Government of the Northwest Territories create a strategy to analyze and close the gap in pediatric psychiatric care in the Northwest Territories.
Recommendation 24: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review and amend the Mental Health Act to specify an authority who is responsible for oversight of the Mental Health Act, while also allowing flexibility to the Minister of Health and Social Services to designate such responsibility.
Recommendation 25: The Standing Committee on Social Development recommends that the Government of the Northwest Territories significantly reduce the administrative burden on the Director of Designated Facilities as defined in the Mental Health Act through legislative amendments and regulatory change.
Recommendation 26: The Standing Committee on Social Development recommends that the Government of the Northwest Territories consider amending Section 9.1 and Section 28(2) of the Mental Health Act after evaluating their capacity and operational effectiveness.
Recommendation 27: The Standing Committee on Social Development recommends that the Government of the Northwest Territories provide additional education materials and training support to staff responsible for providing patients with information about their rights under the Mental Health Act.
Recommendation 28: The Standing Committee on Social Development recommends that the Government of the Northwest Territories explore the possibility of an independent rights advisor or neutral party that vocalizes and reviews patient rights under the Mental Health Act with the patient, including whether this responsibility can be added to the cultural advisor role.
Recommendation 29: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review, amend and simplify Form 1 – Notification of Patient Rights and Other Information using an operational lens and a lens of persons with lived experience while also evaluating the benefits of creating a separate form specific to patient rights, as depicted in Alberta and British Columbia’s mental health care legislation.
Recommendation 30: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review Section 37(6)(d) of the Mental Health Act and in particular, the use of the word “willing” within this section.
Recommendation 31: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review and amend the requirement of assessment and appointments for patients under Assisted Community Treatment and Short Term Leave prior to the expiry of a Certificate of Involuntary Assessment or a Renewal Certificate to ensure better coordination, streamline information, and reduce the number of forms and administrative tasks.
Recommendation 32: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review and amend provisions in the Mental Health Act related to Assisted Community Treatment to expand Assisted Community Treatment to align with Community Treatment Orders as seen in other jurisdictions, including:
-Removing the requirement that a person be an involuntary patient to qualify for Assisted Community Treatment;
-Ensuring that care is decentralized from an institutional setting, and;
-That there is a greater commitment to culturally safe and decolonized practices in health care.
Recommendation 33: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review Section 40(1)(b) of the Mental Health Act to ensure clear information on the extent to which housing and income supports are available to patients under Assisted Community Treatment.
Recommendation 34: The Standing Committee on Social Development recommends that the Government of the Northwest Territories ensure external stakeholders involved in community care understand their obligations to support the operationalization of Assisted Community Treatment under the Mental Health Act, including increasing awareness of obligations to ensure efforts are made to inform patients of non-compliance and the consequences of non-compliance.
Recommendation 35: The Standing Committee on Social Development recommends that the Government of the Northwest Territories establish more supports and funding to action Assisted Community Treatment as defined in the Mental Health Act in small communities across the Northwest Territories.
Recommendation 36: The Standing Committee on Social Development recommends that the Government of the Northwest Territories establish the addition of a public facing navigator role for Mental Health Act processes.
Recommendation 37: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review the role of the psychiatrist during hearings under the Mental Health Act and provide information about their role to the Mental Health Act Review Board, psychiatrists and other staff to ensure there is a clear understanding of their role.
Recommendation 38: The Standing Committee on Social Development recommends that the Government of the Northwest Territories create internal processes to mitigate concerns regarding discharging mental health patients under the Mental Health Act too early by working with physicians.
Recommendation 39: The Standing Committee on Social Development recommends that the Government of the Northwest Territories improve on the ability to cancel certificates on involuntary assessment issued under the Mental Health Act through policies, procedures and legislative change.
Recommendation 40: The Standing Committee on Social Development recommends that the Government of the Northwest Territories embrace technological change by implementing procedures for Forms under the Mental Health Act to be signed electronically or verbally, as well as implementing secure file transfer processes for Forms under the Mental Health Act.
Introduction And Background
The Mental Health Act (Act) requires the Legislative Assembly or one of its committees to commence a review of the Act, and any other related legislation, policies, guidelines, or directives considered appropriate by September 1, 2023, and every five years thereafter (s.105).
The Standing Committee on Social Development (Committee) has conducted the review process for the Act’s first statutory review.
The Northwest Territories (NWT) Mental Health Act was passed on October 8, 2015, and came into force September 1, 2018. This Act repealed and replaced the Mental Health Act from 1985, which came into force January 1, 1988.
The Act sets the processes and rules that must be applied to the way people living with a mental disorder receive care and treatment. The Act aims to protect and support the rights of people living with a mental health disorder and those acting on their behalf.
Public Engagement
Between March 2024 to April 2024, Committee engaged the public.
On March 25, 2024, Committee received a public briefing from the Mental Health Act Review Board (MHARB). Committee also received a technical briefing from Department of Health and Social Services (the Department) on the Mental Health Act.The MHARB and the Department’s presentation is included in Appendix A.
Committee also received written submissions from:
Association of Psychologists of the Northwest Territories
Royal Canadian Mounted Police – G Division
Canadian Psychiatric Association
Raymond Pidzamecky – Registered Social Worker
Department of Health and Social Services – Materials to support the review of the Mental Health Act and Technical Briefing
These submissions and presentations are included in Appendix B.
Committee appreciates everyone who offered their feedback at public meetings and in written submissions.
Committee categorized public comments received into ten (10) themes.
Before presenting each theme, Committee would like to note the importance of an Act that both protects the rights of individual patients and others, while also ensuring that its’ administrative processes are streamlined and avoid instilling more burden on the health care and emergency services sectors. Committee believes that the Mental Health Act is in need of numerous updates and therefore presents its first recommendation:
Recommendation 1: The Standing Committee on Social Development recommends the Government of the Northwest Territories conduct a comparative analysis of the Northwest Territories’ Mental Health Act against other jurisdictions’ mental health care legislation, to significantly reduce and mitigate the administrative burdens and procedural complexities of the Mental Health Act (including Forms under the Mental Health Act) and present constructive amendments to the Mental Health Act for consideration.
The themes are listed below:
Issues with timing
There were a few issues in the Mental Health Act raised to Committee that were related to timing.
Firstly, the MHARB and the Department both highlighted that as currently legislated, the 7-day requirement to hold a hearing is very stringent, and more flexibility is required. The MHARB emphasized that a review of Section 70(1) is required to allow for the process of scheduling a hearing to proceed at a quicker pace which in turn would make greater strides in addressing the needs of the patient. Their recommendation was to remove the wording “give seven days” and replace it with “on consent of all parties”. Whereby the consent of all parties cannot be obtained, their recommendation was for there to be a minimum wait time-period set in the Act’s regulations. As noted above, the Department presented similar concerns regarding the seven-day notice requirement and recommended that a shorter time period be set out in regulations, with an added ability to shorten the notice period with the consent of all parties.
Committee notes these concerns and presents the following recommendation:
Recommendation 2: The Standing Committee on Social Development recommends the Government of the Northwest Territories allow flexibility to the Mental Health Act Review Board to hold hearings outside of the current notice requirement of seven days with the consent of all parties by reviewing Section 70(1) of the Mental Health Act to remove the seven-day notice requirement and defer the minimum notice requirement to the Mental Health Act Review Board Regulations.
The second issue related to timing is related to timelines in issuing a Certificate of Involuntary Assessment. The Royal Canadian Mounted Police (RCMP) noted to Committee that there are issues when no involuntary assessment can be reasonably issued within 24 hours, and as it is currently required under the Act. They presented that the current 24-hour requirement may be an issue for nursing stations that are busier and/or with minimal or stretched resources.
The Canadian Psychiatric Association (CPA) noted that the 24-hour requirement seems to be excessively short, and that in many jurisdictions it is one week. They described an example whereby a health professional may conduct an assessment, conclude that a person may meet the criteria and want more information before completing a certificate. They note that attempts to contact a secondary person to obtain collateral information can easily take a few days.
Committee would like to mitigate these concerns and therefore presents the following recommendation:
Recommendation 3: The Standing Committee on Social Development recommends the Government of the Northwest Territories review Section 10(2) of the Mental Health Act to determine a more realistic timeline to issue a Certificate of Involuntary Assessment, in consultation with the Royal Canadian Mounted Police and physicians including psychiatric professionals.
Another issue related to timing relates to Form 4 – Renewal Certificate, which can only be issued within 72 hours of the Certificate of Involuntary Admission or previous Renewal Certificate expiring. The Department made it clear to Committee that in other jurisdictions, renewals may occur within seven days of the form expiring.
Committee therefore presents the following recommendation in hopes that this review will be conducted with an operational lens and the review will analyze data respecting the length of admissions to inform appropriate timelines:
Recommendation 4: The Standing Committee on Social Development recommends the Government of the Northwest Territories review Section 17 of the Mental Health Act and compare it to similar provisions in other jurisdictions to determine the appropriate length of time before a certificate expires in order to issue a renewal certificate.
Another issue raised to Committee by the MHARB is that they would like to determine or understand why hearings are being cancelled. They note in their presentation to Committee that out of approximately 70 applications received in the past five and a half years, they have conducted approximately 15 hearings while the rest of the applications were cancelled before a hearing occurred – and three quarters of those cancellations occurred within 48 hours of the hearing date. It was noted by MHARB that they currently have no authority to review a certificate after its cancellation, and because of this they lack statistics and research that may be helpful to strengthen the hearing process.
Committee therefore recommends:
Recommendation 5: The Standing Committee on Social Development recommends the Government of the Northwest Territories assess the addition of a provision added to the Mental Health Act for the Mental Health Act Review Board to review a certificate after a cancelled hearing based on best practices and national standards.
Currently under the Act, applications can be made to the MHARB to cancel any certificate issued. Due to this ability, patients admitted under Form 3 – Certificate of Involuntary Admission could potentially be required to apply to the MHARB twice within the span of only a few days if they had applied for their initial Form 2 – Certificate of Involuntary Assessment to be cancelled. In short, the review of Form 2 – Certificate of Involuntary Assessment would not result in an automatic review of their Form 3 – Certificate of Involuntary Admission as it is currently legislated.
The Department noted to Committee that there have been several instances when a patient on Form 2 – Certificate of Involuntary Assessment has applied to the MHARB; however, a hearing could not be arranged due to the legislated timelines for the review as well as the short duration of the certificate (currently 72 hours). It was suggested to Committee by the Department that the ability to apply to the MHARB for a review of Form 2 - Certificate of Involuntary Assessment be removed as it cannot be reasonably provided.
Noting the above reasons and issues related to the timing of certificates, Committee presents the following recommendation:
Recommendation 6: The Standing Committee on Social Development recommends the Government of the Northwest Territories review Sections 66(1)(a) and Section 74(1)(a) and (b) of the Mental Health Act to remove the ability to apply to the Mental Health Act Review Board to cancel Form 2 – Certificate of Involuntary Assessment.
The Department let Committee know that the timelines for screening applications to the MHARB may be too short, especially if a weekend or holiday intervenes. Currently, the Act requires that the chairperson of the MHARB review an application within two days of receiving it, and either refer it to a review panel or dismiss it. Committee clarified with the Department that the Interpretation Act currently applies to the two-day timeline set out in Section 67(2) of the Mental Health Act. Although, it was emphasized by the Department that work is needed to confirm with the MHARB that the Interpretation Act applies were there is a time of office closure during the two-day timeline. Another piece of clarification is needed to determine whether the two-day timeline remains a challenge despite the flexibility afforded by the Interpretation Act.
Committee notes that timeline requirements stated in hours versus days, may lead to confusion and inconsistent application. Committee therefore recognizes that the Mental Health Act and its regulations requires review to change timelines of hours to business days or days, where appropriate.
Committee presents the following two recommendations:
Recommendation 7: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the Mental Health Act and its regulations (e.g. Section 16(1) of the Mental Health Act Review Board Regulations) to reflect timelines in days or business days, rather than hours, where appropriate.
Recommendation 8: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the Mental Health Act Review Board to clarify where and how the Interpretation Act applies to the Mental Health Act and determine if the current two-day timeline in Section 67(2) remains a challenge despite the flexibility afforded by the Interpretation Act.
Another issue related to timing brought to Committee by the Department is that hearings need to be shorter, especially because longer hearings have an impact on psychiatrists, patients and families, and their time. The duration of hearings is not set out in legislation, but Committee finds it important for the Department and MHARB to work together to streamline the hearing process. Committee therefore presents the following recommendation:
Recommendation 9: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the Mental Health Act Review Board to find ways to streamline the hearing process and evaluate the time it takes to conduct a hearing and reasons why the hearing process may be deemed too long.
Cultural support
Currently under Section 71(5), on request by a patient, by their substitute decision maker or by the medical practitioner, the MHARB shall engage an Elder or cultural advisor to a review panel. During their public meeting with Committee, MHARB emphasized that cultural advisors can make an important contribution to the patient-centered approach and help the MHARB conduct its business in a culturally sensitive manner. It was brought forward to Committee by MHARB that the role of the cultural advisor is not clearly delineated and the procedures for their duties during a hearing are not set out.
During their presentation, MHARB suggested to modify the wording in Section 71(5) of the Act, specifically the wording “during the hearing”, to afford the MHARB the flexibility in bringing in the cultural advisor at a time deemed more appropriate for patient needs. The Department also suggested to Committee that clarity is required regarding the role of the Elder/cultural advisor, specifically that the current “vagueness” of their role could be addressed by expanding Section 68.1 in the Act so that they can be engaged to the extent for any purpose(s) requested by the patient.
Committee understands the importance of an Elder/cultural advisor to support the patient, and therefore presents the following recommendation:
Recommendation 10: The Standing Committee on Social Development recommends the Government of the Northwest Territories review and expand the role of the cultural advisor under Section 71(5) and Section 68.1 of the Mental Health Act including adjusting the wording “to a review panel” in the Mental Health Act to “a time deemed appropriate for patient needs”.
It was brought to Committee’s attention by the Department that information being disclosed to the Elder/cultural advisor may be too broad, and at this point, they may receive every relevant or relied upon record which could be interpreted as being the patient’s chart. It was noted that this disclosure of information could be detrimental to the patient – and requires review to determine how the disclosure of information fits within the cultural advisor role under the Mental Health Act and in accordance with the Health Information Act.
The MHARB suggested that a provision be added to clarify that the panel may disclose information to the extent the panel deems necessary for the cultural advisors to perform their role. Related to the same issue, the Department suggested to Committee that a provision be added to outline what information may be disclosed to the cultural advisor, and that consent of the patient or their substitute decision maker be required prior to disclosing information. It was also proposed by the Department that staff and MHARB members may need education on the disclosure of information provisions and processes for withholding information.
Committee hears these concerns and presents the following two recommendations to help mitigate challenges related to the disclosure of information:
Recommendation 11: The Standing Committee on Social Development recommends the Government of the Northwest Territories include a specific provision in the Mental Health Act that outlines that the Mental Health Act Review Board panel may disclose information to the cultural advisor to the extent the panel deems necessary or wording that outlines how and when the cultural advisor will receive information.
Recommendation 12: The Standing Committee on Social Development recommends the Government of the Northwest Territories provide training to relevant staff and Mental Health Act Review Board panel members on the disclosure of information provisions held within the Mental Health Act, and the processes that follow them.
It was highlighted to Committee during the Department’s briefing, that a review and clarification of terms and definitions within the Act is required, and more specifically to review and compare terminology for consistency with current operational language. It was reiterated that some of the language in the Act can be quite confusing operationally. For example, under the Act, a patient can be Involuntarily Assessed or Involuntarily Admitted. Therefore, if they are Involuntary Assessed, they are admitted to the hospital, but they are not admitted as a patient under the Act. It was suggested to Committee by the Department that there needs to be an assessment of the Act for clarity and simplification of definitions for the ease of appropriate operationalization. In hearing this feedback, Committee recommends:
Recommendation 13: The Standing Committee on Social Development recommends the Government of the Northwest Territories review, compare and adjust definitions and terminology in the Mental Health Act against healthcare operations and language to promote appropriate and streamlined operationalization of the Mental Health Act.
The Department made Committee aware of concerns regarding “Code Gridlock status” – meaning that bed allocation is over capacity and may impact the ability of healthcare staff to provide critical care services, especially at Stanton Territorial Hospital (Stanton). This can be seen as a barrier to transferring clients from a designated facility to receive acute psychiatric treatment at Stanton, which has the only inpatient psychiatric unit in the NWT. Committee notes that there are challenges in providing appropriate standard of care for inpatient psychiatric treatment when there are consistent fluctuations in environmental and staff capacity at designated facilities across the NWT.
For this reason, the Department suggests that there be a review of the suitability of the Inuvik Regional Hospital and the Hay River Health Centre as designated facilities under the Act, with an assessment as to whether their designations need to be revoked. It is recommended by the Department that the Act be evaluated to consider different classes of designated facilities based on the levels of service provision available, standards of inpatient psychiatric treatment and care, and levels of responsibility.
Committee takes in this feedback, and presents the following recommendation:
Recommendation 14: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the suitability of the Inuvik Regional Hospital and the Hay River Health Centre as designated facilities (including an analysis of environmental and staffing capacity) under the Mental Health Act and review the ability to add different classes of designated facilities within the Mental Health Act and its regulations, using other jurisdictional models as an example.
It was recommended by the Department at the public technical briefing that the definition of “mental disorder” in Section 1 of the Act be reviewed and compared against Alberta’s recent new definition. It was suggested to Committee that changes to the definition could be reviewed against other jurisdictions where recent changes have occurred to determine if updates should be made to the NWT’s legislation. Committee notes this suggestion, and presents the following recommendation:
Recommendation 15: The Standing Committee on Social Development recommends the Government of the Northwest Territories review and expand the definition of “mental disorder” in the Mental Health Act by conducting a jurisdictional review of definitions.
In a written submission by the RCMP, they note that there is no clarification as to what the meaning of the word “accept” is, when conveying patients to a designated facility under Section 90(d) of the Act. The RCMP state that it is their position that “accept” means that the patient has been conveyed to a designated facility and that it is up to the facility to safeguard the patient as a duty of care. They go on to emphasize that often RCMP personnel have been required to remain at the facility as the patient is not deemed to be “accepted” until they have been fully assessed. In their submission, the RCMP stress that this is a medical situation, and the involvement of the police should end with the conveyance to a designated facility.
Similarly, the RCMP also note that the term “other authorized persons” listed in numerous sections of the Act requires review as there is no definition of “other authorized persons”. In response to this uncertainty and need for clarification, the Department suggests that consideration should be given to the establishment of an ongoing territorial working group to ensure legislation, mandates and processes align in administering the Mental Health Act and providing services for mental health crisis emergency response in communities. Committee therefore presents the following two recommendations:
Recommendation 16: The Standing Committee on Social Development recommends the Government of the Northwest Territories establish an ongoing territorial working group with involvement from the Royal Canadian Mounted Police and health staff/professionals to ensure legislation, mandates and processes align in administering the Mental Health Act and providing services for mental health crisis emergency response in communities.
Recommendation 17: The Standing Committee on Social Development recommends the Government of the Northwest Territories evaluate whether the definition of the acceptance of a patient after conveyance can be moved to the Mental Health Act’s regulations.
It was brought forward to Committee by the Department that there are challenges for health and social services professionals who are not authorized to complete forms under the Act in reporting mental health crises to the RCMP. Committee was informed that in some cases, despite the summary of concerns of persons meeting the criteria for involuntary assessment under the Act, the RCMP’s assessment overrides the health and social services professionals’ concerns.
It is suggested by the Department that this issue could be addressed by reviewing the definition for “health professional” under the Act to better determine if the list can be further expanded – whether it be in the legislation or its regulations. This review may require the evaluation of the scope of practice of various health and social services professions to determine if it is within their scope to issue a Certificate of Involuntary Assessment. In particular, it was noted that there is no guidance or process for a Community Mental Health Nurse or other health professionals to fill out forms. There may also be a lack of awareness or support for registered nurses and registered psychiatric nurses to issues forms under the Act and this leaves a gap in facilitating emergency mental health care in communities. It was suggested by the Department to Committee that a jurisdictional review to evaluate how other health and social services professionals are able to complete forms under their legislation, may also be of value. The Association of Psychologists in the NWT suggested that there may be some confusion over the terms “Health Professionals” and “Medical Practitioner”, which may be helpful in clarifying. It was also suggested by the Department that a review of the current Standard Operating Procedures and scope of the Community Mental Health Nurse and/or other Registered Nurse roles be conducted in relation to the implementation of the Mental Health Act.
Noting the above, Committee presents the following recommendation:
Recommendation 18: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the definition of “health professional” within the Mental Health Act to determine if the list can be further expanded where appropriate.
Responsible custody, transfer, and detainment of patients
In their written submission, the RCMP note that Section 23(1) of the Act does not specify who is responsible for the transport of the patient to a designated facility or to another health facility. They also note that when “authorized persons” is not described within the Act, it tends to default to the police. The RCMP also brought forward to Committee that Section 10(3)(a) of the Act does not state who the patient should be delivered to, and they suggest that there could be a provision whereby peace officers turn over the patient to a specific person to take over custody. They provide an example that other provinces have an Institution Safety Officer who takes over custody of the patient.
The Department was also made aware that it is unclear whether or not a peace officer remains with an involuntary patient who has been apprehended and is being conveyed/transferred to a designated facility. Moreover, no one is specified as responsible for the “care” of the patient while they are being conveyed, only until they have arrived at a designated facility. Committee notes that this responsibility could be given to the peace officer, but also understands the importance of not overburdening the police with more responsibilities. Committee therefore finds it important to use the word “supervise” in replacing the word “care” in relation to the duration of the conveyance of the patient to a designated facility and the role of the peace officer under the Act, as to balance the responsibility to the patient and the ongoing duties of peace officers.
Related to the comments by the RCMP, it was brought forward by the Department that the transportation of patients under the Act from the Inuvik Regional Hospital to Stanton Territorial Hospital and/or a facility in Edmonton is reasonably common and unreasonably complex. It was suggested that a dedicated flow diagram be created to help explain the processes for the transport of patients under the Act - both for in and out of the territory.
Committee notes this feedback and presents the following two recommendations:
Recommendation 19: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review provisions related to the apprehension, conveyance, and transfer of patients under the Mental Health Act, including consulting with Royal Canadian Mounted Police and medical staff to have agreement on proper protocols and the development of a flow diagram for the transport of patients under the Mental Health Act in and out of territory.
Recommendation 20: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review provisions of the Mental Health Act and its regulations related to the apprehension, conveyance, and transfer of patients to specify the responsibility of peace officers in these processes.
In their written submission, the RCMP mentioned to Committee that there is no clearly defined role for who enforces lack of compliance if there is an Absent WithOut Leave (AWOL) person during Short Term Leave. They highlighted that Section 47(2)(a) and 52(1) of the Act place the responsibility for compliance on the police, and suggest that health professionals should be the first consideration. They continue by saying that decisions to release patients rest with health professionals, while the consequences of non-compliance defaults to the police.
t was also brought forward by the Department that processes related to Short Term Leave are administratively burdensome, often requiring multiple passes to allow involuntary patients to leave the facility for short periods of time for walks, smoke breaks, etcetera. It was highlighted by the Department that provisions related to Short Term Leave were created to allow leave from the facility for up to 30 days, but do not account for shorter leaves of absence that most, if not all, patients should have for daily fresh air breaks, errands, to attend appointments, etcetera.
Committee presents the following recommendation:
Recommendation 21: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review provisions related to Short Term Leave in the Mental Health Act, especially related to the enforcement of a lack of compliance and streamlining administration so that Short Term Leave is less burdensome on staff, and that the review of these provisions be done with the lens of reviewing similar provisions in other jurisdictions.
In their written submission, the RCMP note that Section 52(1.2) of the Act was written without their consultation. They note that the default in the circumstances of temporary detainment of patients under the Act, is the incarceration of patients in jail cells, even though in most cases they have committed no crime, and this is strictly a medical situation. The RCMP emphasize that this Section should be either repealed or reworded to emphasize that this should only occur if there are criminal circumstances associated to a particular situation. They also highlight that there may be medical alternatives to control unruly or intoxicated patients awaiting conveyance.
It was also brought forward to the Department that there is a lack of safe and appropriate space to hold clients during waiting periods for conveyance to a designated facility, especially from rural and remote communities.
Committee hears their feedback, and presents the following two recommendations:
The Standing Committee on Social Development recommends that the Government of the Northwest Territories review Section 52(1.2) of the Mental Health Act, Section 7 of the Apprehension, Conveyance and Transfer Regulations, and other sections of the Mental Health Act related to the temporary detention of patients, and bring forward changes to the Mental Health Act that provide solutions to issues related to the temporary detention of patients. This review should be completed in collaboration with the Royal Canadian Mounted Police, designated facilities, and relevant staff.
Committee believes it is a significant issue that there is no youth psychiatric unit in the NWT. The lack of a designated unit may relate to staff and institutional capacity issues; however, it has concerning impacts on the quality of youth patient care. It was also brought forward by the Department during this statutory review that there are concerns about the safety of pediatric psychiatric patients both under the Act and not under the Act at Stanton, as well as the suitability of the Pediatric Unit at Stanton to provide care to psychiatric patients under the Act.
Committee believes that not having a suitable youth psychiatric unit in the NWT is a serious problem, and therefore presents the following recommendation:
Recommendation 23: The Standing Committee on Social Development recommends that the Government of the Northwest Territories create a strategy to analyze and close the gap in pediatric psychiatric care in the Northwest Territories.
During their presentation to Committee, the MHARB suggested that there should be an authority with a specific oversight role for the Mental Health Act. The Department also noted to Committee that this suggestion warrants further review, and added to it by mentioning that a larger oversight role could allow for more comprehensive reporting to identify trends and outcomes, identify gaps in the healthcare system, and inform future service delivery improvements. The MHARB also requested statistics and data that may inform whether the number of applications they receive seems reasonable, which correlated with the Department’s recognized need to substantiate data that could help inform MHARB’s annual reports to the Minister of Health and Social Services. Committee notes that this information could be part of the role of the body charged with oversight of the Act.
Therefore, Committee makes the following recommendation:
Recommendation 24: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review and amend the Mental Health Act to specify an authority who is responsible for oversight of the Mental Health Act, while also allowing flexibility to the Minister of Health and Social Services to designate such responsibility.
The Department informed Committee that there is overall concern about the role of the “Director of the Designated Facility”, and specifically what roles can and cannot be delegated or shared. The current processes and roles may cause delays in the review of forms and is administratively burdensome. Committee believes it is important to clarify and streamline their role to prevent burnout, and presents their recommendation as follows:
Recommendation 25: The Standing Committee on Social Development recommends that the Government of the Northwest Territories significantly reduce the administrative burden on the Director of Designated Facilities as defined in the Mental Health Act through legislative amendments and regulatory change.
Patient rights
In their written submission, the Canadian Psychiatric Association (CPA), notes that while unusual, Section 9.1 of the Act is “good from a rights perspective”. They highlight that many patients are discharged prematurely, and a case could be made for giving families more of a say in the timing of discharge and perhaps a substitute decision-maker could be given the same right to ask for a second opinion. They provide insight that there may also be a downside to this section at the system level, where there is already a trend of too few psychiatric beds.
The CPA also commented that Section 28(2) of the Act seems unnecessarily restrictive. Currently, the provision requires a second medical opinion before administering emergency treatment, and they go on to note that in an emergency, even the time required to contact a second physician could result in a bad outcome. The CPA suggests to Committee that they review this provision as it could be problematic, and at the least consider the word “readily” be inserted before “available”. Committee hears their concerns, and presents the following recommendation:
Recommendation 26: The Standing Committee on Social Development recommends that the Government of the Northwest Territories consider amending Section 9.1 and Section 28(2) of the Mental Health Act after evaluating their capacity and operational effectiveness.
The Department told Committee that postage of information about patient rights under the Act as a permanent part of the individual space may not be appropriate, particularly for the Pediatric Unit rooms that are designated for psychiatric admission at Stanton as they are adaptive spaces that may be utilized for acute medical treatment as needed. The Department also informed Committee that it is unclear whether patients are being informed of their rights to retain and instruct counsel without delay, and whether their access to counsel is being facilitated. It was suggested that it is critical that patients know their rights upon admission – and in particular, that it is communicated to the patient that should they wish to be discharged and there are any immediate safety concerns, they may be held involuntarily for further assessment. The Department suggests that further education and awareness is needed for staff who are responsible for providing patients with information about their rights under the Act.
A suggestion was brought to Committee by the Department to establish an independent rights advisor, as patients may be too upset at their doctors or physicians to fully understand their rights under the Act. The Department described that the explanation of rights often falls onto the responsibility of nurses to provide, and issues arise when high turnover of staff causes issues in ability to adequately provide this information. The Department also notes that there have been operational challenges in cases where patients on a voluntary hold are then placed on an involuntary hold if they want to or try to leave – which can create a false narrative for patients who may not understand that the Act balances addressing acute mental health needs with the safety of themselves as patients, and of others.
To help with the explanation of rights to patients and to help monitor change in patient status and potential interventions, it is suggested to review and amend Form 1 – Notification of Patient Rights and Other Information to simplify language and layout, and consider including information on how to access advocacy and/or legal supports. A suggestion by the Department was to create a separate form specific to patient rights, as depicted in Alberta and British Columbia’s mental health care legislation. It was also noted that when reviewing Form 1, attention be made to including the ability to monitor change in patient status and potential interventions. They also suggested to make it standard that the patient is given a copy of the patient rights poster along with Form 1.
Committee presents the following three recommendations related to patient rights:
Recommendation 27: The Standing Committee on Social Development recommends that the Government of the Northwest Territories provide additional education materials and training support to staff responsible for providing patients with information about their rights under the Mental Health Act.
Recommendation 28: The Standing Committee on Social Development recommends that the Government of the Northwest Territories explore the possibility of an independent rights advisor or neutral party that vocalizes and reviews patient rights under the Mental Health Act with the patient, including whether this responsibility can be added to the cultural advisor role.
Recommendation 29: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review, amend and simplify Form 1 – Notification of Patient Rights and Other Information using an operational lens and a lens of persons with lived experience while also evaluating the benefits of creating a separate form specific to patient rights, as depicted in Alberta and British Columbia’s mental health care legislation.
Community Treatment Plans
In relation to Section 37(6)(d), the Canadian Psychiatric Association raised that the use of the word “willing” is very problematic. The CPA noted that in Ontario, the wording is “is able to comply”. The word “willing” could suggest to clinicians that the person is consenting and that if they do not agree then they are not eligible for Assisted Community Treatment. They highlighted to Committee that if this is the intention of this Section, then the Assisted Community Treatment has a very limited function. Committee recommends the following:
Recommendation 30: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review Section 37(6)(d) of the Mental Health Act and in particular, the use of the word “willing” within this section.
The Department brought forward to Committee the issue of administrative burdens related to the required coordination of assessments prior to the expiry of a Certificate of Involuntary Assessment or Renewal Certificate, as well as the assessments and appointments required under the Assisted Community Treatment Certificate are needlessly cumbersome and often results in more appointments than is necessary. It was noted that this issue could be addressed through reviewing current process and assessment requirements in the Act and its regulations to allow for better coordination of timelines and requirements, streamlining information and the duplication of administrative tasks. Therefore, Committee proposes this recommendation to the Government of the Northwest Territories (GNWT), in an effort to streamline administration of the Act:
Recommendation 31: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review and amend the requirement of assessment and appointments for patients under Assisted Community Treatment and Short Term Leave prior to the expiry of a Certificate of Involuntary Assessment or a Renewal Certificate to ensure better coordination, streamline information, and reduce the number of forms and administrative tasks.
The Department raised the issue that a patient, under the NWT’s Mental Health Act, must be involuntary admitted in order to be eligible for Assisted Community Treatment (ACT). Furthermore, this restriction has been causing confusion for patients and their families, and distress to staff. The Department informed Committee that the issue may be that Assisted Community Treatment, as stated in the NWT’s Mental Health Act, is sometimes being equated with Community Treatment Orders, as seen in legislation in southern jurisdictions. In comparison, Community Treatment Orders (as depicted in southern jurisdictions) are designed for individuals, who may or may not be admitted under the Act, but allows for reasonable treatment to be provided without the consent of the person when it is considered less restrictive than keeping the person in hospital. Community Treatment Orders are typically used for individuals who are frequently re-admitted.
The Department made Committee aware that there are challenges in administering Assisted Community Treatment in the NWT as there is not enough operational guidance for staff to confidently manage care for patients on ACT. It was highlighted by the Department that most small communities in the NWT do not have the required services to manage clients who would benefit from ACT and therefore ACT has not been effectively utilized. The issue of ACT plans and forms located on Electronic Medical Records was also brought forward, stating that current information is not available for community staff and practitioners, including processes to flag changes in medications or other aspects of the plan.
The Department informed Committee that changes to provisions regarding Assisted Community Treatment are necessary so that ACT is available to those who are not or are no longer involuntary patients under the Act, similar to Community Treatment Orders as shown in southern legislation. It was recommended to Committee by the Department that a review of provisions is necessary to align ACT to the Community Treatment Order model, including removing the requirement that a patient be involuntary. Notably, this review should be conducted using a northern lens, and should consider the differences on the impacts of services in small communities, the rural/remote and northern context, and operational requirements inevitably placed on the only designated facility with a dedicated psychiatric unit (Stanton). Committee recognizes the importance of properly implementing community treatment, and that making changes to Assisted Community Treatment provisions is an important step in making a greater commitment to culturally safe and decolonized practices in health care. Changes to Assisted Community Treatment provisions may aid in making the Mental Health Act less administratively burdensome to acute care and community services.
Committee recognizes all these elements at play, and presents the following recommendation:
Recommendation 32: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review and amend provisions in the Mental Health Act related to Assisted Community Treatment to expand Assisted Community Treatment to align with Community Treatment Orders as seen in other jurisdictions, including:
- Removing the requirement that a person be an involuntary patient to qualify for Assisted Community Treatment;
-Ensuring that care is decentralized from an institutional setting, and;
-That there is a greater commitment to culturally safe and decolonized practices in health care.
Similar to the above, it was noted to Committee by the Department that the exact requirement for providing housing and other supports under provisions related to Assisted Community Treatment is not immediately clear and can be confusing. Questions were raised about whether these supports were required to be available for patients prior to their eligibility for ACT, what is considered adequate, and concerns about patients who have unstable housing and income. Committee believes it is crucial for staff and patients to feel prepared when operationalizing ACT, and therefore Committee proposes the following:
Recommendation 33: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review Section 40(1)(b) of the Mental Health Act to ensure clear information on the extent to which housing and income supports are available to patients under Assisted Community Treatment.
An issue brought forward to the Department is that the nonadherence to the required monitoring and treatment under ACT would typically lead to the apprehension and conveyance of the patient to the closest designated facility for patients who reside in small communities. There are concerns by the Department that this may lead to an overuse of emergency transportation services which may impact the available resources in the communities for other emergencies, could be costly, and may not reflect principles of recovery-oriented care. While Committee understands that there needs to be a balance between protecting the patient and potential harm to themselves or others, Committee also recognizes the need to ensure that the patients are made aware of non-compliance, and that external stakeholders are equipped to adequately provide this information:
Recommendation 34: The Standing Committee on Social Development recommends that the Government of the Northwest Territories ensure external stakeholders involved in community care understand their obligations to support the operationalization of Assisted Community Treatment under the Mental Health Act, including increasing awareness of obligations to ensure efforts are made to inform patients of non-compliance and the consequences of non-compliance.
Staffing capacity, resources, and programs available
In his written submission to Committee, Raymond Pidzamecky, registered social worker, highlights that there is research that shows the most effective models for intervention, which are multisystemic in nature. Mr. Pidzamecky encourages the GNWT to create a multi-departmental team for children, adolescents, and families that include membership from at least health, social services, education, and justice. Committee understands that the GNWT is currently developing models of integrated service delivery to create multi-departmental responses to complex matters. Committee is interested in knowing the results of the development of these models, and is also researching healthcare sustainability and accountability in NWT’s healthcare system.
The Department made Committee aware of burnout of some staff members related to the operations of the Mental Health Act. Committee would like to ensure that GNWT staff, including staff in smaller communities, feel supported so that there is proper and meaningful action for patients under the Act, including for actioning certificates such as Assisted Community Treatment. Committee notes that there is a need for more community mental health services to be provided in partnership with Indigenous Governments and non-government organizations for additional supports necessary for meaningfully providing Assisted Community Treatment. Committee brings forward the following recommendation, in an effort to increase supports to small communities in the NWT:
Recommendation 35: The Standing Committee on Social Development recommends that the Government of the Northwest Territories establish more supports and funding to action Assisted Community Treatment as defined in the Mental Health Act in small communities across the Northwest Territories.
The Department brought to Committee’s attention that there is a lack of guidance for families and caregivers to apply for Orders under the Act, and there was a suggestion to explore the addition of a public facing navigator role to help explain processes related to the Mental Health Act. This navigator role would involve reviewing, and revising public facing resources and guides to the Mental Health Act and assisting families in applying for Orders under the Act. It was suggested by the Department that this position could be housed at the Office of the Client Experience or within the Mental Health Act Review Board Officer Manager role. Committee agrees that this type of support is greatly needed for patients and their families, and proposes the following:
Recommendation 36: The Standing Committee on Social Development recommends that the Government of the Northwest Territories establish the addition of a public facing navigator role for Mental Health Act processes.
Additional feedback the Department provided to Committee was that more clarity is required around the psychiatrist’s role during hearings. There seems to be uncertainty about whether they are to be a hospital representative, or a general witness. They highlighted that there is worry that at times, the psychiatrist is being asked legal questions which is beyond their scope. Committee believes it is important to determine their role so to better streamline the hearing process:
Recommendation 37: The Standing Committee on Social Development recommends that the Government of the Northwest Territories review the role of the psychiatrist during hearings under the Mental Health Act and provide information about their role to the Mental Health Act Review Board, psychiatrists and other staff to ensure there is a clear understanding of their role.
It was brought forward by the Department that in some cases, involuntary patients that are disagreeable to care are being discharged from the facility. The Department highlighted that the Act currently requires attending medical practitioners to conduct ongoing assessments of involuntary patients to determine whether they continue to meet the criteria for involuntary admission. If the patient is not meeting the criteria, the physician must cancel the certificate of involuntary admission and any renewal certificate, allowing the patient to be discharged.
Committee notes this concern, and finds it important to ensure that patients are not being discharged too early. Therefore, Committee puts forward the following recommendation:
Recommendation 38: The Standing Committee on Social Development recommends that the Government of the Northwest Territories create internal processes to mitigate concerns regarding discharging mental health patients under the Mental Health Act too early by working with physicians.
It was noted that by the Department during their briefing to Committee that currently, there is an inability to cancel a Certificate of Involuntary Assessment. Related to this issue, , there may be struggles with access to an immediate assessment by a medical practitioner in small communities, and this may result in a medevac to have that assessment – even if the patient’s condition has improved. It was suggested that this goes against the principles of the Act and person-centered care to hold and transport a person unnecessarily based on legislative requirements.
Committee presents the following recommendation:
Recommendation 39: The Standing Committee on Social Development recommends that the Government of the Northwest Territories improve on the ability to cancel certificates on involuntary assessment issued under the Mental Health Act through policies, procedures and legislative change.
It was raised by the Department that there is overall concern about the number and complexity of forms, as well as duplication across forms. There are also concerns that when forms are not filled out correctly, they are considered to be invalid. More specifically, there was a comment of discrepancy between Form 23 – Community Treatment Plan and the requirements for the form set out in Section 19 of the Forms Regulations. It was stated that currently, Form 23 requires the patient or the substitute decision maker to initial Part 3 (Patient Agreement), while the entire Form 23 does not require a patient signature where there is a substitute decision maker place. Moreover, Section 19 of the Forms Regulations requires acknowledgement from the patient that they understand the requirements or obligations set out in Part 3 of Form 23, yet the Form does not require their signature.
Another example of reviewing consistency between Forms and Regulations includes Form 22 – Assisted Community Treatment Certificate, which currently indicates that the signature of both the patient and a substitute decision maker (if applicable) are required. However, as per Section 17(2) of the Forms Regulations, where there is a substitute decision maker in place, the Form is only required to be signed by the substitute decision maker.
It was brought forward that formatting changes also need to occur to the Forms, including adding the form name to the page number location, and ensuring forms have room for a 3-hole punch when filing.
There were also comments of difficulties and delays in retrieving signatures from substitute decision makers. It was suggested to allow for the substitute decision maker to consent verbally, instead of relying on faxes or other means to obtain signatures – especially if this is in the best interest of the patient. There is also an issue of forms that cannot be sent electronically. An example was provided for Form 10 – Summary Statement Respecting Apprehension or Conveyance which must physically accompany the client to the designated facility.
In the first recommendation of this report, Committee has recommended the GNWT streamline elements of the Act that are deemed administratively burdensome, including reviewing and amending all forms under the Act to ensure they are appropriate, efficient and reduce unnecessary make-work for staff, patients, and families. It was also suggested by the Department that staff are educated on secure file transfer, and internal procedures to address concerns about form completion. Committee also puts forth the following recommendation, related to technological change:
Recommendation 40: The Standing Committee on Social Development recommends that the Government of the Northwest Territories embrace technological change by implementing procedures for Forms under the Mental Health Act to be signed electronically or verbally, as well as implementing secure file transfer processes for Forms under the Mental Health Act.
This concludes the Standing Committee on Social Development’s statutory review of the Mental Health Act.
Recommendation 41: The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a response to this report within 120 days.
Member from Monfwi.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Mackenzie Delta, that Committee Report 16-20(1) be received and adopted by the Legislative Assembly. Thank you, Mr. Speaker.
Thank you, Member from Monfwi. The motion is in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion passed.
---Carried
Member from Monfwi.
Mr. Speaker, I move, seconded by the Member for Mackenzie Delta, that, pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to Committee Report 16-20(1), including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days. Thank you.
Thank you, Member from Monfwi. The motion is in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? The motion is carried. And Committee's Report 16-20(1) has been received and adopted by the Assembly.
---Carried
Reports of Standing and Special Committees. Member from Great Slave.
Mr. Speaker, Your Standing Committee on Procedure and Privileges is pleased to provide its Report on the Review of the Rules of the Northwest Territories Legislative Assembly.
Mr. Speaker, I move, seconded by the honourable Member for Hay River South, that pursuant to Rule 6.1(2)(n), Committee Report 17-20(1), Standing Committee on Procedure and Privileges Report on the Review of the Rules of the Northwest Territories Legislative Assembly, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Thank you, Member from Great Slave. The motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? Motion passed.
---Carried
Standing Committee On Procedure And Privileges Report On The Review The Rules Of The Northwest Territories Legislative Assembly
INTRODUCTION
The Standing Committee on Procedure and Privileges (Committee) is pleased to report on its review of the Rules of the Northwest Territories Legislative Assembly (the Rules).
In 2024, Committee received two letters from Speaker Shane Thompson requesting a review of many of the Rules; these letters are attached as Appendix A.
In April 2024, the Speaker requested that Committee review the following matters:
Terminology of Prayer;
Timelines for Acknowledgements;
The Speaker’s ability to delivery Members’ Statements;
Provisions to allow the Clerk to produce a consolidation of the Rules;
Time limits on Replies to Commissioner’s Address;
Restrictions on when a Reply to Commissioner’s Address can be given;
Professional Behaviour in the Chamber via Chapter Three of the Rules;
Amendments to Motions;
Motions Location on the Daily Orders;
Timelines for Returns to Oral Questions;
Number of supplementary questions in Oral Questions;
Guidelines for Oral Questions;
Follow-up Information to Oral Questions;
Petitions;
Sitting Hours; and
Points of Information or Clarification in Committee of the Whole.
In July 2024, the Speaker requested that Committee review the following matters in addition to the matters currently under review:
Predictability of Sitting Hours;
Ministers’ Statements in Committee of the Whole; and
Recognition of Visitors in the Gallery.
Further to this, during Committee of the Whole on June 6, 2024, the House adopted a Committee Motion that directed Committee to review and consider the current conventions in the titling of bills and if those conventions should be expanded.
Committee has considered these matters and is prepared to report on nearly all of them.
Prayer
Concern has been raised more than once over the associations that come with the word “Prayer”. The word has very different meaning and connotations for different individuals. Committee considered several more inclusive terms and agreed that changing the references to Prayer in the Rules to “Prayer or Reflection” would be the most appropriate course of action. Therefore, Committee recommends:
Recommendation 1: The Standing Committee on Procedure and Privileges recommends that Chapter Four be amended by adding the words “or Reflection” after each instance of the word “Prayer”.
Recommendation 2: The Standing Committee on Procedure and Privileges recommends that Rule 5.4(2) be amended by adding the words “or Reflection” after the word “prayer”.
Acknowledgments
The current rule states that acknowledgments must be filed with the Speaker’s office no later than one hour before the start of the sitting day. However, one hour does not allow for adequate time to ensure the acknowledgement meets the guidelines, format the document and provide copies to interpreters. Committee recommends:
Recommendation 3:The Standing Committee on Procedure and Privileges recommends that Rule 5.8(2) be amended by deleting the words “one hour” and inserting the words “24 hours”.
Furthermore, Committee was satisfied that the guidelines currently outlined in the Rules for acknowledgments were appropriate and did see an uptake in the usage of acknowledgments in the Spring 2024 sitting.
Speaker’s Member’s Statements
In the 20th Assembly, the Speaker has commenced a practice of delivering Members’ Statements from the Speaker’s Chair.
After a jurisdictional scan and a deep look at the Rules, there is nothing that appears to preclude the Speaker from delivering a Member’s statement from his Chair. As such, Committee does not see a need for any changes to the Rules for this matter. Committee is supportive of the Speakers participation in Members Statements during House Business.
Consolidation of Rules
Currently, the practice is that all changes to the Rules must occur in the House by way of motion. However, the Speaker asked Committee to examine whether a provision should exist that allows the Clerk to produce a consolidation of the Rules, and the ability to correct spelling, grammatical, and punctuation errors, without requiring those changes to be made through the House.
Committee agrees that this measure will save the time of the House and reduce administrative burdens on Members and staff. Committee sees the process of the Clerk providing a copy of a consolidation of the Rules to Caucus as an information item as sufficient notice for Members of the Legislative Assembly.
Recommendation 4: The Standing Committee on Procedure and Privileges recommends that the Clerk be granted authority to produce consolidations of the Rules to correct spelling, grammatical and punctuation errors alongside non-controversial changes within the Rules, without requiring those changes to be made by way of motion in the House.
Time Limit on Replies to Commissioner’s Address
Replies to the Commissioner’s Address have no time limit in the Rules, which is dissimilar to other Replies to Addresses such as the Reply to the Budget Address. However, Committee does not feel a time limit is required considering every Member may only use this provision once per session.
Restrictions on When Replies to Commissioner’s Address Can Be Given
In practice, many Members wait until the last sitting day before dissolution to use their one opportunity for a reply to the Commissioner’s Address, either to use the opportunity as a farewell or to announce whether they intend to run in the next Territorial General Election. However, this is not the intention of this item on the daily orders. Further, the last day(s) of an Assembly typically deal with large amounts of legislation needing to pass through the House at the end of an Assembly. As such, Committee recommends:
Recommendation 5: The Standing Committee on Procedure and Privileges recommends that Rule 5.2(2) be amended by inserting the words “or the final sitting day prior to the dissolution of a Legislative Assembly” after the word “prorogation”.
Professional Behaviour in the Chamber
The Speaker, at the request of the Government House Leader, referred the matter of professional behaviour in the Chamber for Committee to examine. In particular, the question put to Committee was whether or not Chapter Three of the Rules on Order and Debate provides sufficient guidance for expected conduct in the Chamber supportive of a respectful Legislative Assembly culture.
After careful consideration by Committee, it was agreed that the provisions in Chapter Three of the Rules do provide adequate guidance for Members’ decorum in the Chamber, and that any grey area behaviour is a matter for the Speaker to decide upon.
Committee did however call on all Members, on both sides of the House, to be engaged during question period, prepared with questions and responses, and show the public the importance of public policy debate in the chamber.
Motions Location on Daily Orders
The daily orders are different on Tuesdays to allow for business of Standing Committees to occur earlier in a day’s proceedings. This way, the important work of Committees is more accessible to members of the media and public and does not get buried under the many other items of business in the daily orders. Viewership is highest in the first few hours of a sitting day.
Considering motions often deal with pressing public issues, Committee agreed that a day where motions can be dealt with earlier on the daily orders would be appropriate.
Recommendation 6:
The Standing Committee on Procedure and Privileges recommends that the following rule be added to Chapter Four:
4.1 (5) the daily orders of business in the Assembly on Thursdays shall be:
1. Prayer
2. Ministers’ Statements
3. Members’ Statements
4. Motions
5. Returns to Oral Questions
6. Recognition of Visitors in the Gallery
7. Acknowledgements
8. Oral Questions
9. Written Questions
10. Returns to Written Questions
11.Replies to Commissioner’s Address
12.Petitions
13.Reports of Committees on the Review of Bills
14.Reports of Standing and Special Committees
15.Tabling of Documents
16.Notices of Motion
17.Notices of Motion for First Reading of Bills
18.First Reading of Bills
19.Second Reading of Bills
20.Consideration in Committee of the Whole of Bills and Other Matters
21.Report of Committee of the Whole
22.Third Reading of Bills
23.Orders of the Day
Returns to Oral Questions
In the Rules, there is no specified timeline for a Minister who takes a question on notice to provide a return. In order to align the Rules surrounding Returns to Oral Questions with the Rules surrounding Returns to Written Questions, Committee recommends:
Recommendation 7: The Standing Committee on Procedure and Privileges recommends that rule 7.2(2)(b) be amended by adding the words “within 21 calendar days, or on the first day of the next Sitting if 21 calendar days lapse between Sittings;” after the words “Return to Oral Questions”.
Oral Questions
During Oral Questions, Members are allowed one question and three supplementary questions. However, some questions require background and some answers require substantial context. This has led to a pattern where Members are often being reminded to be as short and brief as possible in their questions so that all Members have an opportunity to pose a question that day.
In an effort to keep questions and answers focused while also allowing Members time for additional rounds of questions during Oral Questions, Committee makes the following recommendation:
Recommendation 8: The Standing Committee on Procedures and Privileges recommends that rule 7.2(4) be amended by replacing the word “three” with “two”.
Amendments to Motions
Committee reviewed the current process for moving amendments to motions on the floor of the House. While there has been feedback that the process can be administrative in nature, it also ensures that important principles are upheld, such as all Members having the opportunity to be informed and aware of what exactly is being put forward, alongside an opportunity to speak to what is put forward.
The concept of introducing a separate, more expedited process for friendly amendments to motions was considered at length by Committee. However Committee could not come to an agreement on the definition of a friendly amendment. For example, if the mover of a motion concurs with an amendment to their motion, but is unaware that by concurring with that amendment to their motion, they would lose the support of their colleagues, would they still consider it a friendly amendment after the fact? As such, Committee agreed that the current process for amendments to motions, while at times administrative, is the most fair and thorough way to change a motion on the floor before the House.
Guidelines for Oral Questions
The Speaker put a simple question before Committee: do the guidelines for Oral Questions in the Rules reflect current and best practices across the country?
Committee agreed that the guidelines in the Rules are sufficient and have a good measure of leeway for Members to pose questions in a way that reflects their priorities as a Member. Committee also felt that it is the Speaker’s purview to interpret and enforce the guidelines in the way he deems most appropriate. Committee respects the Speaker’s role in ensuring all Members ask meaningful yet respectful questions and did not wish to over step into the Speaker’s role.
Follow-up Information to Oral Questions
A large number of Tabled Documents processed through the House and the Office of the Clerk are documents that originate from Ministers that provide follow-up information to oral questions. Committee agreed that these documents should simply by filed with the Clerk and printed in Hansard rather than processed as individual Tabled Documents. Therefore, Committee recommends:
Recommendation 9: The Standing Committee on Procedure and Privileges recommends that rule 7.2(6) be amended by deleting the words “table that information in the Assembly” and replacing them with the words “file that information with the Clerk”.
Recommendation 10: The Standing Committee on Procedure and Privileges recommends that rule 7.2(7) be added:
Under the item “Oral Questions”, the Clerk shall inform the Assembly of the follow-ups to oral questions received, deliver copies to the Members who asked the questions, and have the returns printed in Hansard.
Petitions
The Speaker put to Committee whether or not more sites should be approved as a petition platform for Members with the increase in e-petitions seen recently, and how petitions can be made more accessible for residents with disabilities.
Research in how other jurisdictions deal with petitions was not particularly helpful to Committee because most jurisdictions do not allow for websites as approved petition platforms (they either have an e-petition platform built in-house or only accept written submissions). Further, the topic of petition accessibility is fairly new for Legislatures and does not have a large body of research for Committee to review. However, Committee agrees that this topic is important and warrants a response. Committee requires more time to consider this matter fulsomely.
Points of Clarification in Committee of the Whole
In the Speaker’s referral, the Speaker asked Committee to consider if there should be an opportunity in Committee of the Whole for Members to seek points of information or clarification, or other interjections that would allow Members to ask questions of each other more freely.
One avenue Committee considered with this referral was replicating a rule that exists at the Senate of Canada. At the Senate, Rule 6-2 (2) reads as follows:
“A Senator may, with leave of the Senate, speak a second time in a debate for no more than five minutes in order to explain any misunderstanding arising from the original intervention. No new matter shall be introduced while explaining the misunderstanding.”
After further investigation, Committee came to the conclusion that because the rule at the Senate requires leave of the Senate, this would not allow for the dynamic nature of seeking information or clarification in a Committee of the Whole exchange like the referral suggests.
Committee ultimately decided that the back-and-forth style of questions permitted between Members and witnesses within a Member’s alotted 10 minutes during Committee of the Whole provides for sufficient opportunities for Members to seek information or clarification.
Sitting Hours
Sitting hours has been an ongoing discussion throughout the first year of the 20th Assembly. Members desire predictability for sitting hours to make appropriate family arrangements, and for the benefit of the Assembly’s interpreters (most of whom are Elders).
Committee considered discussions on this topic that occurred at Caucus as well as a jurisdictional scan as to what sitting hours exist in other Legislatures, and what measures are in place to determine their predictability. Every Legislature is unique and it was challenging to compare these measures with other jurisdictions including the amount of business before an Assembly, how far Members have to travel to be present for a sitting, and the dynamics of party politics that are factored into the Rules of other jurisdictions.
Committee did note that some jurisdictions have designated days of the week that will be late sitting nights in their Rules. The expressed desire for predictability that is currently prevalent in this Assembly is evidence to Committee that late sitting nights should be formalized in the Rules.
Committee makes the following recommendations:
Recommendation 11: The Standing Committee on Procedure and Privileges recommends rule 2.2(1) be deleted and replaced with the following:
2.2(1) Unless otherwise ordered, the sitting hours of the Assembly shall be as follows:
(a) Mondays and Wednesdays from 1:30 p.m. to 6:00 p.m.
(b) Tuesdays and Thursdays from 1:30 p.m. to 8:00 p.m.
(c) Fridays from 10:00 a.m. to 2:00 p.m.
Recommendation 12: The Standing Committee on Procedure and Privileges recommends that rule 2.2(2) be amended by replacing the words “At 6:00 p.m. on Mondays, Tuesdays, Wednesdays and Thursdays, and at 2:00 p.m. on Fridays” with “At the designated adjournment time of a Sitting day,”.
Recognition of Visitors in the Gallery
The concept of recognizing visitors in the Gallery is an important one in the Northwest Territories Legislative Assembly. The Legislature is informally known as the ‘Place for the People’ and Members tend to be quite connected to their constituents. While there is currently a practice of some visitors to the Gallery being recognized by multiple Members, this is something that does occur in other Legislatures, and Committee agreed that this practice does not cause disorder or take up too much of the House’s time to require a rule change.
Minister’s Statements in Committee of the Whole
The Rules currently allow for a motion to be moved to refer a Minister’s Statement to Committee of the Whole without notice directly after the Minister delivers the statement. However, once the Minister’s Statement is considered in Committee of the Whole, Members may speak to the Minister’s Statement for up to 10 minutes each and there are no further actions that can be taken. Committee was asked to consider options for how Minister’s Statements can be considered in Committee of the Whole.
Committee concluded that a more meaningful activity that could occur in Committee of the Whole with a Minister’s Statement is an opportunity to ask the respective Minister questions about their statement. Committee also thought it would be appropriate to ensure Ministers can bring senior officials with them to assist in answering questions in Committee of the Whole. Therefore, Committee recommends:
Recommendation 13: The Standing Committee on Procedure and Privileges recommends that the following rule be added to Chapter nine:
9.1 (15) When Committee of the Whole is considering a Minister’s Statement, questions relating to the content of the statement shall only be directed to the Minister.
Recommendation 14: The Standing Committee on Procedure and Privileges recommends that the following rule be added to Chapter nine:
9.1 (16) When Committee of the Whole is considering a Minister’s Statement, the Minister may have witnesses appear to supply information as required.
Short Titles for Bills
This referral from Committee of the Whole came from the context of a public request for a short title for a Bill. When the Standing Committee on Social Development was reviewing Bill 2: Missing Persons Act in Spring 2024, Members of the public requested that Committee rename the Bill to “Frank’s Act” to honour a young individual who went missing and whose case sparked substantial public conversation about the lack of missing persons legislation in the Northwest Territories. While the title of a Bill cannot be changed as per the Rules, in other jurisdictions Bills can have two titles: one longer, descriptive title, and one shorter, often more politicized or simple title. The Standing Committee on Social Development could not action this request from the public to add “Frank’s Act” as a second title to the Bill because there are no provisions for a Bill to have two titles in Northwest Territories legislation.
Committee sees merit in the positive potential for certain pieces of legislation to have both a long and a short title to simplify for the public what an Act will do. Given ongoing and evolving regulatory changes around legislation, the Government of the Northwest Territories intends to put forward new legislation that sets out the provisions related to the making of statutes. Committee sees this as an opportunity to take note of what many other jurisdictions offer and allow for legislation to have two titles when appropriate. Committee also notes that ultimately, should this Government bring forward such a Bill, a Standing Committee will have the opportunity to review it in depth and review this matter even further.
Committee makes the following recommendation:
Recommendation 15: The Standing Committee on Procedure and Privileges recommends that the Government of the Northwest Territories bring forward legislation that includes provisions for Bills to have both a technical title and a short title.
This concludes the Committees report on its review of the Rules of the Legislative Assembly of the Northwest Territories.
Member from Great Slave.
Mr. Speaker, I move, seconded by the honourable Member for Hay River South, that Committee Report 17-20(1), Standing Committee on Procedure and Privileges Report on the Review of the Rules of the Northwest Territories Legislative Assembly, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.
Thank you, Member from Great Slave. The motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? The motion is carried. Committee Report 17-20(1) has been received and adopted by this Assembly.
---Carried
Reports of Standing and Special Committees. Member from Great Slave.
Mr. Speaker, Your Standing Committee on Procedure and Privileges is pleased to provide its Interim Report on the Report of the chief electoral officer on the Administration of the 2023 Territorial General Election.
INTRODUCTION
Pursuant to subsection 266(2) of the Elections and Plebiscites Act, the chief electoral officer must report on the administration and event initiatives seen through that office within six months following a territorial general election. The report has any matters the CEO thinks should be brought to the Legislative Assembly’s attention. It also includes recommendations on how to improve election administration alongside any suggested amendments to the Act.
The Speaker tabled the CEO’s report on May 21st, 2024 in the Legislative Assembly and was subsequently referred to the Standing Committee on Procedure and Privileges for review and response.
Committee sought public feedback on the CEO report from September 2, 2024 to September 27, 2024, receiving two written responses.
On September 27, 2024 committee held a public briefing with the CEO Stephen Dunbar and deputy CEO Charlotte Digness. Mr. Aleksi Toiviainen of Vote 16 Canada also provided testimony at the public hearing, speaking specifically to the recommendation from the CEO to lower the Northwest Territories voting age to 16.
BACKGROUND
Due to the wildfire evacuation of almost 70 percent of the Northwest Territories population, which represented 14 of the 19 electoral districts, the Legislative Assembly passed an Act to postpone polling day for the 2023 general election on August 28th, 2023. This Act moved the previously established September 3rd, 2023, expiration date of the 19th Assembly to November 14th, 2023. The Commissioner of the Northwest Territories ordered the CEO to issue the writs of the election on October 16th within the prescribed 29-day campaign period. On election day, 34 polling locations opened across the territory for the 16 electoral districts. In total, 10,797 votes were cast, representing a 52.54 percent voter turnout.
Committee wishes to thank the CEO and staff of Elections NWT for both the management of the 2023 Territorial General Election and their work on their report. The challenges faced by Election NWT following the evacuation was unprecedented, however the election process occurred as seamlessly as possible due to their hard work and dedication to their roles.
REPEAL AND REPLACE THE ELECTIONS AND PLEBISCITES ACT
The current Elections and Plebiscites Act was developed following the 2003 territorial election and first used in the 2007 territorial election. It has been substantially amended five times since: In 2010, 2014 (twice), 2018 and most recently in 2022.
The Elections and Plebiscites Act has not been wholistically reviewed since 2007. Given that previous amendments to this Act are often made to address specific issues, the CEO, throughout their report, has noted many inconsistencies, contradictions, or limitations to appropriately and flexibly support the elections processes in the Northwest Territories. Although the mass evacuation of the Northwest Territories highlighted some obvious vulnerabilities within the current Elections and Plebiscites Act, including a lack of direction and guidance for emergency management situations, this is supplemented by other challenges faced by a lack of modernized legislation. Clarity is required as modern society grapples with more varied uses of social media. This is impactful not only for advertising guidelines or the use of third-party advertisers but also for the growing use of artificial intelligence. A more modern regulatory framework that better reflects the operating reality of our everyday communications should be better reflected in the Elections and Plebiscites Act.
The CEO’s report also outlines the need for more concrete guidelines for mobile polling stations, absentee ballots, and special voting opportunities. The need to ensure that more people have access to, and options for, their ability to vote is a concern that both the CEO and committee members agree with. Beyond that, updated guidelines for provision of food during candidate events or the removal of the elimination nomination deposit can be changed to better reflect national best practices in those areas.
The list of suggested amendments is extensive; however, it reflects the nature of how this important piece of legislation is ultimately updated and requires that at a certain point, a more complete update must occur. Addressing specific amendments does not necessarily ensure that more comprehensive legislative or policy goals can be addressed which has led to a lengthy list of clean-up, modernization, and consistency concerns required to be addressed throughout the current Act.
Recommendation 1: The Standing Committee on Procedure and Privileges recommends that the Legislative Assembly direct the chief electoral officer to undertake a repeal and replace of the Elections and Plebiscites Act before the end of the 20th Assembly.
EXPAND ELECTIONS NWT MANDATE
The CEO’s report highlights Elections NWT's capacity and willingness to do more to support all election activity within the Northwest Territories. Expanding the mandate of Elections NWT to include local authorities would allow for greater collaboration and support for logistics, voter list management, a more comprehensive register, improved information sharing, and to refine the capacity to deliver on election activities. Allowing Elections NWT to support local authorities has the potential to better streamline and capture important information that then feeds into more complete data sets of all communities, regardless of the type of election occurring. It also creates opportunities to reduce duplication of materials and build broader capacity throughout the Northwest Territories for election activities. The CEO’s report highlights that they can and wish to play a larger role in all elections, similar to how other election bodies run throughout Canada.
Recommendation 2: The Standing Committee on Procedure and Privileges recommends that Legislative Assembly direct the chief electoral officer to engage with the Northwest Territories Association of Communities to determine how to better support local authority election activities.
REDUCE THE VOTING AGE TO 16
Voter turnout in the Northwest Territories remains very low and, as noted in the CEO report, particularly low for voters under the age of 30. Committee wishes to continue their investigation into the request of the CEO to lower the voting age to 16 and will provide a separate report in the 2025 Winter Sitting of the Legislative Assembly on their findings and the response to this recommendation.
CONCLUSION
Committee again wishes to thank Elections NWT for their hard work, dedication, and support to not only candidates of the election but also the residents of the Northwest Territories.
Mr. Speaker, I move, seconded by the honourable Member for Hay River South, that Committee Report 18-20(1), Standing Committee on Procedure and Privileges Interim Report on the Report of the chief electoral officer on the administration of the 2023 Territorial General Election, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.
Thank you, Member from Great Slave. The motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? The motion has passed, has been received, and the report has been received and referred to Committee of the Whole.
---Carried
Reports of Standing and Special Committees. Member from Great Slave -- or no, sorry, Frame Lake.
Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Statutory Review of the Cannabis Legalization and Regulation Implementation Act.
Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 19-20(1), Standing Committee on Government Operations Report on the Statutory Review of the Cannabis Legalization and Regulation Implementation Act, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
The motion's in order. To the motion.
Question.
Question has been called. All those in favour? Opposed? Abstentions? The motion has passed.
---Carried
Standing Committee On Government Operations Report On The Statutory Review of the Cannabis Legalization And Regulation Implementation Act
INTRODUCTION AND BACKGROUND
During the 19th Assembly, the mandatory statutory review was assigned to the Standing Committee on Government Operations (Committee) in October 2020; however, due to extenuating circumstances, the review was not completed at dissolution of the Assembly. Committee recognizes the review was delayed for several years and is pleased to provide the report early in the 20th Assembly.
In April 2017, the Government of Canada introduced Bill C-45: the Cannabis Act with the objective of keeping cannabis out of the hands of children and youth and profits out of the hands of criminals and organized crime. Following extensive study and debate the Cannabis Act received Royal Assent in June 2018.
Shortly after, the Government of the Northwest Territories (GNWT) introduced Bill 6: The Cannabis Legalization and Regulation Implementation Act (Bill 6) to adopt its own framework for the purchase, sale, classification, and distribution of cannabis in the Northwest Territories (NWT). Bill 6 received assent in the NWT Legislative Assembly in June 2018. With both the federal and territorial legislation in place, cannabis has been legal for sale by the order of the Governor in Council since October 17, 2018.
On February 26, 2024, Committee commenced the statutory review of territorial cannabis legislation. The Cannabis Legalization and Regulation Implementation Act enacted two new statutes related to the legalization and regulation of cannabis: the Cannabis Products Act and the Cannabis Smoking Control Act. The legislation also amended the Motor Vehicles Act to provide for prohibitions and enforcement measures related to impaired driving.
Through an initial review and research on the implementation and legalization of Cannabis, Committee ultimately choose to conduct their review using an economic lens focusing their statutory review on the Cannabis Products Act.
PUBLIC ENGAGEMENT
Between July 2024 to August 2024, Committee engaged the public. On August 29, 2024, Committee hosted one public meeting in Yellowknife - Sǫ̀mbak'è, of which Boreal Cultivation and the Department of Finance presented . A total of 7 people attended Committee’s public meeting. Committee was also invited to tour Boreal Cultivation’s facility on August 27th.
Committee sought written submissions on the statutory review of the Act and sent out six (6) targeted letters to cannabis retailers across the NWT. Committee received one written submission from ReLeafNT.
These submissions and presentations are included in Appendix A.
Committee appreciates everyone who offered their feedback at public meetings and in written submissions, and categorized public comments received into one theme.
Information related to the theme is included below:
Producer Concerns
Boreal Cultivation Inc., the first licensed cannabis producer in the NWT, highlighted to Committee during their briefing that they feel that the discount currently available to them needs to be fairer, and more aligned with what Business Incentives Policy companies receive for contracts.
As stated by Boreal Cultivation in their presentation to Committee, they receive a reduction in the cannabis markup from the current level of 34% to 24% for all NWT-based producers for cannabis products cultivated in the NWT. They receive a decrease from 34% to 29% for products cultivated in other jurisdictions but purchased and processed at their facility.
The Department of Finance noted to Committee that the Financial Management Board is currently reviewing both the liquor and cannabis reductions applied and will consider options in the Fall of 2024. Moreover, the Department of Industry, Tourism and Investment has confirmed with Committee that the NWT Manufactured Products Policy (NMPP) is currently being reviewed. The Department of Finance made clear in their presentation that the Northern Cannabis Mark-Up Reductions is only available to NWT-approved manufacturers.
On this same note, Boreal Cultivation also brought forward to Committee that under the Department of Industry, Tourism and Investment’s current definition of manufacturing, they do not qualify as a northern manufacturer. They raised to Committee that while they have been waiting for clarification on this definition, this has left them feeling unrecognized for their work in this field. They continue to raise that due to this lack of recognition, this may equate to them not being able to access additional support through programs such as “Made in the NWT”, the NWT Manufacturing Association, and the CanEXport program.
Committee recognizes this feedback and feels it is important to support the industry – including recognizing Boreal Cultivation as a manufacturer. Committee therefore presents the following two recommendations:
Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories implement the feedback from Boreal Cultivation regarding current discounts for cannabis products and provide changes to the Northwest Territories Manufactured Products Policy and other associated policies that reflects this feedback.
Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories review the Northwest Territories Manufacturer Products Policy in the effort to identify Boreal Cultivation as a local manufacturer.
Boreal Cultivation also notes to Committee in their presentation that they cannot sell their products from their facility, while other jurisdictions do allow for this – which is known as “farmgating”. Furthermore, they raised to Committee that they have been approached by tourism companies to organize tours of their building, claiming that this could be an economic driver for the territory. Also noted by the company is that some jurisdictions are researching into allowing farmgating, while others have already allowed farmgating through changes in their regulations (i.e. Yukon).
In their presentation to Committee, the Department highlighted that farmgating is allowed in BC, Ontario, and Saskatchewan.
Committee understands that farmgating is underway or being implemented in other jurisdictions across Canada, and therefore believes that it is timely for the GNWT to action this recommendation:
Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories review and apply changes to the Cannabis Legalization and Regulation Implementation Act and its regulations to allow for farmgating in the Northwest Territories.
Committee was informed by Boreal Cultivation that the legislation does not allow for producers to provide samples to retailers in the NWT. They reiterate to Committee that by allowing for samples to local retailers, this may help with local delivery time and the freshness of products. They mention that samples to retailers are allowed in the jurisdictions of Ontario, Saskatchewan, Nunavut, Yukon and British Columbia and it gives them the opportunity to advocate for their story and product.
Committee agrees with the benefits of allowing producers to provide samples to retailers in the NWT, and therefore presents the following recommendation:
Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories review and research implications for cannabis retailers to be provided with samples, and consequently make amendments to the Cannabis Legalization and Regulation Implementation Act and its regulations to allow for cannabis producers to provide samples to retailers located in the Northwest Territories.
An additional point raised by Boreal Cultivation focuses on allowing for Special Occasion Permits (SOP) for the sale of cannabis products. As outlined by the company, the regulations related to the Act do not allow for the sale of cannabis, yet they do for alcohol. They stated that they approached the Department of Finance in November 2022 to fill out a SOP, but there was no process in place in the Act’s regulations to allow for an SOP to be filled out for cannabis resale. Boreal Cultivation’s request to Committee was to update the regulations to allow for SOP for cannabis resale.
The Department of Finance stated in their presentation that no jurisdictions currently allow for SOP for the sale of cannabis, but there has been movement in Ontario, British Columbia and Manitoba where they are considering allowing special occasion permits.
Boreal Cultivation also highlighted to Committee that the Act does not currently allow for “cannabis lounges”, which are similar to bars where patrons can partake in using cannabis indoors. Committee takes in the above feedback, and presents the following two recommendations:
Recommendation 5: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories conducts research on the best processes and practices to allow for special occasion permits for the sale of cannabis.
Recommendation 6: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories amend the regulations of the Cannabis Legislation and Regulation Implementation Act to allow for the special occasion permits for the sale of cannabis.
CONCLUSION
This concludes the Standing Committee on Government Operations Report on the Statutory Review of the Cannabis Legalization and Regulation Implementation Act. Committee looks forward to the Government’s response to these recommendations.
Recommendation 7: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to 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 19-20(1), Standing Committee on Government Operations Report on the Report on the Statutory Review of the Cannabis Legalization and Regulation Implementation Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.
The motion's in order. To the motion.
