Thank you, Mr. Speaker. Mr. Speaker, from a statistical perspective, 2016 was a below average fire season. A total of 188 wildland fires were reported in the 2016 fire season, burning 229,000 hectares. As a comparison, there were 241 fires and 622,000 hectares burned in 2015. That is half the number of hectares burned in 2016 than in 2015, and 50 fewer fires. Of the 188 fires this year, 16 fires were suspected person-caused. The department provided some type of action on 83 fires, or 44 per cent. In addition, 292 extra fire fighters were hired in the NWT for training or in support of wildland fire operations.
We had a slow start to the fire season with cooler weather conditions which allowed our government to provide much needed fire personnel to help with the Fort McMurray fire and other fires in the northern part of Alberta. As a government, we are honoured to be able to provide assistance to other Canadian jurisdictions as many of them helped us in our time of need during the 2013, 2014, and 2015 wildland fire seasons and later on in the 2016 fire season. While there was a slow start to the season in the NWT, there were several significant fires across the territory including the Snare Lake Fire, the Reid Lake Fire and the Norman Wells Fire. End of season procedures, including tanker base shut downs, fuel systems shut downs, and field equipment retrieval is underway. A debrief of this year’s lessons learned will be undertaken and public meetings will take place over the winter. At this point we have expended roughly $29,990,575 in pre-suppression and suppression costs. There
are a few outstanding reconciliations to be done in the regions before we have the total amount. But we are much better off than in the previous two years.
Mr. Speaker, I cannot stress enough the value and importance of our FireSmart Program. It is everyone’s responsibility to firesmart their home and cabin, and promote the FireSmart Program in their community. Property owners and communities should be using firesmart tools to reduce their risk of loss from wildland fire.
The department is leading an initiative to review and update community protection plans. Community wildland fire protection will be integrated into existing GNWT emergency management processes. This will ensure communities have a more complete understanding of their role in firesmarting and what is required to ensure their community has mitigated the risks of a wildland fire. Information about the FireSmart Program and community protection plans is on the ENR website and at your local ENR office.
Forecasters are predicting an early, colder than normal winter with an average snowfall. It is our hope that this provides plenty of snow cover for the spring melt and increases our water levels. It is important to note that, while the 2016 fire season was relatively normal, there continue to be areas of extreme drought. We will continue to be vigilant in working with all values at risk to reduce the risk and in preparing for a potentially extreme fire response. Whether we receive plenty of precipitation or not, ENR will continue to be proactive and prepare itself for the next fire season.
Mr. Speaker, I would also like to take this opportunity to thank all our fire personnel, from the fire crews out on the fire line, to our radio operators, logistics, planning, air attack officers, and everyone who worked hard all summer to protect our residents and communities. Thank you, Mr. Speaker.
Masi. Ministers' statements. Colleagues, I would like to draw your attention to the public gallery today. We have with us a former Member, Mr. Anthony W.J. Whitford, Sergeant-at-Arms, and a former Member of the Legislative Assembly, Minister, and also the speaker and Commissioner of NWT, and last but not least the honourary clerk of the Legislative Assembly. Why aren't you at your post here, Mr. Whitford?
---Laughter
Marci cho, Mr. Speaker. Mr. Speaker, today we are talking about all the drug addictions that are happening. It is happening all over the place. Mr. Speaker, today the residents of the Northwest Territories are suffering from the impacts of severe addictions and mental health issues. As this Assembly knows, I represent four small communities: Ndilo, Lutselk'e, Fort Resolution, and Detah. Each one of these communities has recently seen the deaths of young people due to drugs and alcohol, not to mention similar deaths in Yellowknife and the regional centres. These deaths are totally unnecessary and one hundred per cent preventable. Preventable, Mr. Speaker, is the key word.
As a people and as a government, we must all do our share to step up the pace at which our mental health and addictions programs are being delivered. I cannot over-stress the urgency of these matters. Within the GNWT, the Department of Health and Social Services must show this Assembly an increased emphasis on prevention and an increased investment in addressing mental health and addictions. I know this is a big job and that results do not show up right away, but Mr. Speaker, that's all the more reason to get started as soon as possible. We must also look to our communities and our Aboriginal partners for their collaboration and support in addressing this huge issue.
In my riding, the unnecessary and untimely deaths of these young people have devastated their families. These families never recover. Mr. Speaker, I know what I am talking about. In 1977, my brother Fred died as a result of alcohol. He was a 22-year-old mechanic at the Pine Point mine. My dad never got over it, until his own death in 1993.
Earlier this year, after burying one of our young people, I sat down with a friend in Fort Resolution. We noticed that every family that was there supporting this grieving family had been touched by a similar tragedy. It gets easier to bear as time goes on, but it never goes away: you never forget the loved ones that are taken from you far too soon because of alcohol and drugs. We cannot let this go on. Marci cho, Mr. Speaker.
Masi. Members' statements. Member for Nahendeh.
Thank you, Mr. Speaker. Mr. Speaker, today I want to speak about some big changes that are happening to the sport and recreation system for the way funding is handled in the Northwest Territories. Mr. Speaker, according to the CBC news, the Department of Municipal and Community Affairs (MACA) will be taking over funding of all sport organizations in the territory beginning April 1st that used to be done by the Sport North Federation. Mr. Speaker, according to the news, this means that Sport North will receive a million dollars less in administration and program funding next fiscal year. This is a huge concern for all sports groups, whether it is at the grassroots, regional or territorial level. Mr. Speaker, as people have heard from the first day I was elected, youth sport recreations are dear to my heart. I understand and have lived more than 40 years in the system.
Mr. Speaker, I know the majority of the funding for sport and recreation in the territories comes from lottery proceeds spread through the Sport and Recreation Council to the five organizations in the system, including Sport North. Mr. Speaker, Sport North represents territorial sport organizations of the NWT, territorial sport organizations, commonly called TSOs, are dedicated to development of sport at every level of participation in the NWT. Sport North Federation and TSOs are recognized leaders in sport development and are ensuring that opportunities in sports based on fair play are accessible to all residents in the NWT.
Mr. Speaker, we have heard that the reason the department is looking after the lotteries next year was because we were told that Revenue Canada made the recommendation if we didn't do this we'd lose the money due to taxation. To stop this, the department will take over the responsibility of lotteries. Mr. Speaker, according to the news in the department, they hired a consultant firm, Sutcliffe Group, to conduct a review of the sport and recreation programs for the territories around the same time.
Mr. Speaker, you've heard that changes were needed, but it needs to be done in a more collaborative way that would include a development of a sport and recreation physical activity strategy made for the territories, for the residents of the territories.
Mr. Speaker, I'd like to seek unanimous consent to conclude my statement. Thank you.
Thank you, Mr. Speaker, and I thank my colleagues out there. Mr. Speaker, it's been a little frustrating to say the least, according to some of the organizations that were involved in the process. It wasn't entirely clear to them what the rationale was for the structure change for removing Sport North as a funding agent for the membership. Mr. Speaker, by removing Sport North as a funding agent to its membership it seems the department limits the ability of the federation to help improve the health of the communities.
Mr. Speaker, I could spend hours, maybe months, maybe years on this topic, but I will stop here. Later on I'll have questions for the Minister of Municipal and Community Affairs. Mahsi, Mr. Speaker.
Masi. Members’ statements. Member for Yellowknife North.
Thank you, Mr. Speaker. Mr. Speaker, I rise today to address the issue we're hearing a lot about lately; that is the government's current and future plans for the Northwest Territories Power Corporation and the future of power generation and distribution in our territory. The Minister's statement to the House the other day was appreciated.
Clear communication from Ministers is always welcomed by the Members and, of course, residents. However, Mr. Speaker, some of the claims in the Minister's statement are in dispute, specifically the claim that different rate zones don't subsidize each other. So I'm concerned that while the Minister said he intended to clarify things, in fact a lot remains unclear.
Mr. Speaker, Northland Utilities, which distributes power in Yellowknife and other communities in the territory, is part of ATCO Group, an international company with assets, resources and expertise around the world. Northlands has been part of our power distribution system for many years and is a long-standing partner with Denendeh Investments Incorporated. According to a recent news article, Northlands says it seems the Minister is "ill-prepared," that his claims about rate zones and cost subsidization are not correct, and that conclusion is supported directly by NTPC's own documents.
Mr. Speaker, power and electricity is a critical and crucial part of our existence in the remote North. I'm concerned that in an area where we need openness and engagement with the public, as well as creativity and collaboration with strong partners, the government seems to want to keep both the residents and private enterprise in the dark.
I'm concerned about the little things: the dissolution of the public representative board of NTPC without input from Members or the public; NTPC choosing to compete for distribution of power in a market-based community; a reluctance to communicate with an innovative company that ought to be one of its most important private sector partners.
I'm concerned that Northerners still don't have a straight answer about the rate structure we pay for power. So while I thank the Minister for his statement earlier this session, many questions remain, and residents deserve answers. I will have questions for the Minister responsible for the Power Corporation at the appropriate time. Thank you, Mr. Speaker.
Masi. Members’ statements. Member for Kam Lake.
Mr. Speaker, I have spoken before on the need to diversify our economy and I have always supported a key industry that can help achieve this goal, our northern manufacturing sector. If this government is truly committed to building a diversified and sustainable territorial economy that can be resilient in the face of volatile commodity cycles, then it must continue providing support for this sector in Yellowknife and throughout the NWT.
Mr. Speaker, for those who don't believe the NWT can support a viable manufacturing industry, I believe now is the time to break new ground and be ambitious, Mr. Speaker. Not only is our manufacturing sector developing and innovating, they are thriving. The NWT manufacturing sector generates annual revenues of $25 million, employs over a 100 Northerners and has an average annual growth of 2 per cent.
Mr. Speaker, Kam Lakers know that we can capitalize on this opportunity, quite literally through our world-class business leaders. That's why I'm pleased to see this government lend support to Energy Wall Engineered Homes by giving them an opportunity to build manufactured homes for our communities. This business has been an innovator in the North for decades, manufacturing value-added products such as roof trusses, windows and fibreglass tanks. Recently, they have expanded and developed into a whole new field that will change how our territory houses our people.
Energy Wall Engineered Homes is now manufacturing affordable modular housing units, and has recently entered into a contract collaborating with the NWT Housing Corporation in a pilot project that will build one home in Yellowknife. I applaud the Minister responsible for the Housing Corporation for supporting our local businesses; this is a clear sign of support to our hardworking business community, that she is living up to her mandate commitments by identifying potential areas of growth in our manufacturing sector and pursuing them with vigour.
Now, I encourage all Cabinet Ministers to follow the same, and move the entire government in this direction so we can realize the longstanding goal of economic diversification for a stronger economy and a stronger Northwest Territories. Thank you, Mr. Speaker.
Masi. Members’ statements. Member for Yellowknife Centre.
Mahsi, Mr. Speaker. Mr. Speaker, I'm rising today to share one NWT resident's experience with a document called records of non-conviction and to call for the end of its use in Yellowknife.
A constituent of mine who was on income assistance got a job working with clients in the vulnerable sector. The employer properly requires applicants be screened to ensure that they don't have criminal records. Two days after getting the job, my constituent was let go. He has never been convicted of a criminal offence but the forms supplied by the RCMP detailed the things he was not convicted of. Mr. Speaker, this is a record of non-conviction.
What kind of things has he not been convicted of? Well, I don't know. From my research, I can say that these documents contain records of a person having been questioned by the police and not charged, or charged with charges that were later dropped, or charged and later acquitted.
So my constituent lost a job he desperately needed because the police issued a form which confirms he has no criminal record, but which also says there is "adverse information" on file. In this circumstance, information is released on the crime investigated. But again, this is not a conviction, it's a suspicion.
Mr. Speaker, not to put too fine a point on it, this is outrageous. When I learned of this practice, I went to the Justice Minister for background information, and asked whether our administrative oversight powers under our policing contract enabled us to tell the RCMP to stop issuing records of non-conviction. The Justice Minister said this is a national policy of the RCMP and that the information is given to the job applicant, so it is not the police prejudicing anyone by informing prospective employers.
This is just obfuscation, Mr. Speaker, because you can't get or keep the job without the criminal record check and the criminal check is released along with the record of non-conviction, it's all on one page. The injustice of this situation is clear for any fair-minded person. The words "innocent until proven guilty" come to mind, but do they mean anything? I will have questions for the Minister.
Masi. Members' statements. Member for Deh Cho.
Mahsi, Mr. Speaker. Mr. Speaker, a driver's license is considered an essential part of the modern lifestyle. It is required for many types of employment and viewed as an important rite of passage for youth. But, Mr. Speaker, not all NWT driver's licenses are created equal. If you get your license in a community of under 500 people, you can only drive within 100 km of your home address. In a community of up to 2,000 people, you can only drive within the Northwest Territories. Mr. Speaker, the reasoning behind these restrictions is that small communities have limited traffic and rural-grade pedestrian infrastructure. There will not be opportunities for applicants to demonstrate proficient ability to parallel park, operate a vehicle safely at highway speeds, or even stop at traffic lights. That said, Mr. Speaker, these restrictions place some obvious limitations on drivers themselves, with far-reaching implications.
A valid driver's license is required for many jobs, especially entry-level and service positions. We are putting people at a disadvantage when it comes to employment opportunities. If they want to apply for a full, unrestricted driver’s license that is recognized across Canada, they have to travel to a large centre — Yellowknife, Hay River, Fort Simpson, Inuvik, or Fort Smith — on their own dime.
Mr. Speaker, this policy creates a barrier to workforce development for people in our small communities who need job opportunities, and an unreasonable expectation that people will be able to afford to go to a larger centre to successfully complete their exam. The government put major steps to allow students to finish high school in their home communities. It should be possible for anyone to get a full driver's license in their home community as well. We expect high school diplomas to be valid and recognized across Canada. It is a major issue when they are not. We should have similar expectations for NWT driver's licenses. We should be preparing our workforce by providing the opportunity to get a full, unrestricted driver's license to all NWT residents, regardless of where they reside.
Mr. Speaker, we need to find equitable ways to grant driver's licenses throughout the NWT and get our residents ready for the road. Mahsi, Mr. Speaker.
Masi. Members' statements. Member for Mackenzie Delta.
Thank you, Mr. Speaker. Mr. Speaker, winter has come to the Delta. At this time of year and throughout the coldest months, people struggle with deteriorating homes. Things that are falling into disrepair become bigger problems. Mr. Speaker, the GNWT offers assistance to many residents to find adequate, affordable, and suitable places to live. Housing is crucial to a person's overall well-being. In the past, governments have encouraged people to build their own homes or even given homes to people in communities. Programs are available to subsidize the cost of home heating and repairs. Many people who could benefit from these programs in our small communities do not qualify because their total income is above the threshold.
Sure, we could all use extra funds to put towards renovations or repairs, Mr. Speaker, but that's not the issue. The problem is that many people simply cannot afford maintenance of their homes in places like Fort McPherson, Aklavik, and Tsiigehtchic because so much of their income goes towards heating fuel, power, water, food — the basic necessities. Mr. Speaker, it is unreasonable to expect a family to save up $60,000 to $80,000 for a new roof, new windows, or weather-proofed doors. Even on a higher income, projects that would save homeowners money over time are out of reach for many people.
Mr. Speaker, income testing is important to make sure our programs are being used fairly and as they are intended. We need to take a closer look at how they are applied and where subsidies are most needed. Our programs need to respond to the diversity of needs throughout the North. Mr. Speaker, I seek unanimous consent to conclude my statement. Thank you.
---Unanimous consent granted
Thank you, Mr. Speaker. Thank you, colleagues. Mr. Speaker, we need to look at the whole picture, from keeping the roof over people's heads to home ownership, ongoing maintenance to energy efficiency. It is too easy to sit in our warm, brightly lit offices in Yellowknife without considering the reality of our small communities communities. Mr. Speaker, we need to find a solution that works for people trying to make ends meet in places that are remote, cold, and where the cost-of-living is highest. Thank you, Mr. Speaker. I'll have questions for the Minister later today.
Masi. Members' statements. Member for Sahtu.
Thank you, Mr. Speaker. On August 1, 2016, Bill 44, An Act to Amend the Hospital Insurance and Health and Social Services Administration Act, came into effect. On this date, the NWT Health and Social Services Authority, the NWT Health and Social Services Leadership Council, the Regional Wellness Councils, was established. This new governance structure allows us to make necessary changes across the system which will help improve care and services for the NWT residents. Realizing it's only been two and three quarter months since the initiation of this new legislation and operations act, later I will have questions for the appropriate Minister. Thank you, Mr. Speaker.
Masi. Members' statements. Member for Frame Lake.
Merci, monsieur le President. Someone on the other side of the House may say that I'm not known for and may not recognize the good work of Cabinet. Well, today is their lucky day.
---Laughter
More seriously, I want to recognize the work done to produce the Yellowknife Homelessness Road Map Action Plan and the individuals who contributed. The regular members of the working group who produced the plan were Jeff Anderson, NWT Housing Corporation; Sheila Bassi-Kellett, Homeful Partnership; Linda Bussey, Yellowknife City Councillor; Bryany Denning, Yellowknife Women's Society; Lyda Fuller, YWCA Yellowknife; Mayor Mark Heyck, City of Yellowknife; Catherine Lafferty, Yellowknives Dene First Nation; Matt Peggs, RCMP; and Dusty Sauder, Salvation Army.
Minister Caroline Cochrane played a key role in all of this through the Homelessness in Yellowknife Partnership Forum that took place in April of this year, that was the catalyst for this work and the resulting action plan. Minister Glen Abernethy has also assisted with enthusiasm, including a commitment to wrap-around services and to explore innovative harm reduction approaches.
I have reviewed the action plan and find it to be a balanced approach, a good mix of short, medium and long-term actions on homelessness here in Yellowknife. The actions are based on best practices and lessons learned from other jurisdictions. The plan will require an increasing investment from GNWT and other governments, but I look forward to this investment from our government in the 2017-2018 budget.
Homelessness and the situation in our downtown were the top issues during my summer engagement of residents in Frame Lake. I look forward to the action plan as a clear path and commitment to address these important issues. Again, I applaud the work done by Ministers Cochrane and Abernethy with the City of Yellowknife and others, towards a real Action Plan on Homelessness for Yellowknife. Mahsi, Mr. Speaker.
Masi. Members' statements. Member for Nunakput.
Thank you, Mr. Speaker. Mr. Speaker, in the first sitting my colleagues mentioned the Arctic Inspiration Prize, and today I just wanted to commend one of the projects. It's called the Inuit Tattoo Revitalization Project, and the lead on that is Angela Hovak Johnston.
I'm just going to say a few words about Angela Hovak Johnston, who currently lives in Yellowknife, grew up in the little Inuit settlement of Umingmaktok, which is Bay Chimo. She was sent away to residential school at the age of seven to Cambridge Bay, and then started her family in Kugluktuk. She has an intense passion for her culture and a deep connection to her traditional roots. She tries her best to pass on the knowledge to keep traditions alive and going strong. Hovak always had a love for traditional tattoos, but the strong passion for tattoos started 11 years ago. After three years of hard research and many questions, she received her first facial tattoo eight years ago. Having experienced the difficulty in getting traditional tattoos and finding the right artist, she felt a longing to be tattooed by an lnuk woman. Unsuccessful and disappointed in finding nobody in her culture who practiced the lost skills, she then made it her dream to become a tattoo artist herself and learn those skills. It was her goal to make it available to Inuit women so it would not be difficult for them to carry on this tradition. She felt that it should be possible while there are so many talented, capable Inuit seamstresses who could fit the title.
Traditions, like in ancient times; never again will these Inuit traditions be close to extinction or be only a part of history you read about in books. Mr. Speaker, I would just like to commend all the hard-working women out there in the projects that work in collaboration and coordination for projects like this. Quyanainni.
Masi. Members' statements. Member for Hay River North.
Thank you, Mr. Speaker. Mr. Speaker, In my riding of Hay River North we have some beautiful waterfront property. Much of that property is owned or leased by NTCL, and unfortunately, too much of it is littered with old fuel tanks, barges, scrap metal, derelict buildings, and garbage. This mess is a constant eyesore for the residents of Hay River, works against this government's ambitious plan to increase the number of tourists, and does nothing to help attract new residents to my community.
We all know that NTCL won't be cleaning up these properties, so it falls on this government to take the initiative and reclaim our landscape. Many people take for granted that the federal government will swoop in and clean up. I don't. I'm positive that the feds hold the liability for many of the contaminated sites, and where they do, we need to ensure that we aggressively pursue federal support to not only accept this liability, but to remediate those sites as well.
This is a complicated issue. When I raised it before, it was pointed out to me that we don't know where the chips are going to fall, and until we do, the GNWT doesn't really know who is responsible for what. Mr. Speaker, that's not good enough. I hope that, since I last raised this issue, the government has been more proactive.
It is my hope, Mr. Speaker, that there is someone in the Department of Lands who has been designated as the lead on the NTCL file. This would be someone who knows the liabilities associated with each leased parcel and has plans on how to deal with the likely eventualities for each parcel; someone who is coordinating with ENR and proactively engaging the federal government; someone who understands the intricacies of the Devolution Final Agreement, the Companies' Creditors Arrangement Act, and the Bankruptcy and Insolvency Act; someone who is doing everything in his or her power to ensure that NTCL's contaminated sites across the Territory are cleaned up so the people of the Northwest Territories can rest assured that this government is taking the steps needed to ensure that their health and the health of the environment will not be compromised by NTCL's legacy.
Mr. Speaker, I will have more on this as the sitting continues, but for today I will have questions for the Minister of Lands. Thank you, Mr. Speaker.
Merci, Monsieur le president. I am pleased to present the Standing Committee on Rules and Procedures Interim Report on the Review of Members’ Conduct Guidelines.
It is a priority of the 18th Legislative Assembly to promote and ensure, to the greatest extent possible, a high standard of personal and public conduct for current and future Members. An important step was taken via Motion 6-18(1), entitled “Adoption of Members’ Conduct Guidelines.” Introduced by the Member for Hay River North, the motion represents this Assembly’s first referral of work to a standing committee:
WHEREAS the Members of the 18th Legislative Assembly are mindful that it is an honour and a privilege to serve the people of the Northwest Territories as legislators;
AND WHEREAS the trust and confidence the people have placed in conferring this office upon us demands the highest standard of conduct, integrity and honour;
AND WHEREAS Members are resolved to do our utmost to hear the voices of all our people; preserve our traditions and bridge them with new ways to build our future; provide legislation, policies and services for the good of the people as individuals, families and communities; promote the equality of all our people; distribute resources fairly and justly; and respect and honour our land and all its inhabitants;
AND WHEREAS Members recognize that we owe to this legislature respect as well as dedication to ensuring the integrity of our government and to earning the confidence of the people;
AND WHEREAS Members recognize that we owe to our constituents our best efforts at effective representation as well as accountability, honesty, fairness and courtesy;
AND WHEREAS Members recognize that we owe to the public a responsibility to work for the well-being of all residents of the Northwest Territories;
AND WHEREAS Members recognize that we owe to our colleagues fairness and respect for differences, and the duty to work together with goodwill for the common good;
AND WHEREAS Members are resolved not to act, nor condone others to act, in ways which are dishonest or which exploit, slander or discriminate against others;
AND WHEREAS Members acknowledge a vision and a responsibility to improve the lives of our people and to act in creative ways to overcome the hardships which destroy life and hope and the human frailties which fall upon us;
AND WHEREAS Members are resolved to respect and abide by the laws of Canada and the Northwest Territories and will not act in ways which will violate these laws;
AND WHEREAS paragraph 75(a) of the Legislative Assembly and Executive Council Act provides that each Member shall perform his or her duties of office and arrange his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the Member;
AND WHEREAS past Assemblies have seen fit to adopt principles to guide Members’ conduct;
NOW THEREFORE I MOVE, seconded by the honourable Member for Nahendeh, that this 18th Legislative Assembly formally adopts the Members’ Conduct Guidelines as appended and which forms part of this resolution;
AND FURTHER, that each Member of the Legislative Assembly shall sign a copy of the Members’ Conduct Guidelines before the Clerk of the Legislative Assembly, who shall make all signed copies available to the public through the Legislative Library and by posting signed copies on the Legislative Assembly website;
AND FURTHERMORE, that this Assembly refer the Members’ Conduct Guidelines to the Standing Committee on Rules and Procedures for a comprehensive and public review, including a thorough examination of conduct guidelines from other jurisdictions, both parliamentary and non-parliamentary organizations, all relevant legislation, and the Rules of the Legislative Assembly of the Northwest Territories, and that the standing committee report back to this Assembly during the fall sitting of 2016.
The committee notes that, while the referral motion directs a review of the Members’ Conduct Guidelines, it recognizes that legislation and rules of the Assembly also govern Members’ behaviour. Taken together, they set the overall standard of conduct Members are expected or bound to uphold. This report describes that matrix, and provides some comparisons to systems elsewhere. The purpose of this interim report is to outline useful information to support public discussion, consultation, and further research that will lead to recommendations for consideration by the Legislative Assembly.
The standing committee’s work began with an examination of laws that govern who can run for office, and what is done in the event a sitting Member breaches the law. Mr. Speaker, I would like to pass this on to Ms. Green to continue.
Masi. Member for Yellowknife Centre.
Mahsi, Mr. Speaker.
Canada’s Charter of Rights and Freedoms provides that every citizen has the right to vote in elections for Members to the House of Commons or Legislative Assembly and to “be qualified for membership therein.” However, the right to run for office may be limited in ways justifiable in a free and democratic society. Court decisions to date show that such restrictions, when challenged, will be carefully scrutinized to determine if they are absolutely necessary to ensuring confidence in the election process. Within those parameters, provinces and territories may set criteria for candidates running for election.
Provisions of the Elections and Plebiscites Act and the Legislative Assembly and Executive Council Act define who is an eligible candidate for election and who may serve in the Legislative Assembly.
Generally, a person is eligible to be a candidate if he/she is a Canadian citizen, is at least 18 years old, and has been a resident of the Northwest Territories for at least 12 months.
Current legislation disqualifies candidates or Members convicted and imprisoned as a result of a criminal offence; the disqualification ends with the term of imprisonment. The legislation is silent on offences that do not result in jail sentences. Such matters fall to the Legislative Assembly’s rules, code of conduct, and the use of parliamentary privilege to discipline or expel its Members.
Legal precedents set elsewhere in Canada have sometimes led to changes to NWT legislation. For example, in 1995 the Elections Act was amended to allow persons imprisoned in a correctional facility to vote if serving a sentence of less than two years. The law was also changed to ensure that prisoners remained ineligible to run for office (also a provision of the Canada Elections Act). This led to questions about what would happen in the event of an offence by a sitting member. Such circumstances were subsequently addressed in the Legislative Assembly and Executive Council Act, discussed below.
The Elections and Plebiscites Act also includes a five-year prohibition of anyone convicted of a major election offence from being elected or sitting as a Member, voting, or holding office appointed by the Commissioner or Legislative Assembly. These offences include such conduct as voting more than once, intentional miscounts, knowingly making false statements about a candidate’s character, attempting to intimidate or compel a person not to run for election, and others.
The Legislative Assembly and Executive Council Act sets out requirements for Members’ and Ministers’ conduct, including conflict of interest provisions and a Member’s general obligation to “arrange his or her private affairs in such a manner as to maintain public confidence.”
Since its inception, the act has been amended respecting offences that would prevent a Member from continuing to serve. In 1995, following changes to the Elections Act and the adoption of a zero tolerance motion the year before, the Legislative Assembly and Executive Council Act was amended to disallow a Member from serving if convicted of an indictable Criminal Code offence involving violence or sexual exploitation of a child. Expulsion was not automatic if a Member was convicted of a less serious summary offence. In such cases, the Legislative Assembly would determine if expulsion or discipline was necessary. However, the act did not specify particular criminal offences, left important issues open to interpretation, and ignored other potentially serious offences that might tarnish the public confidence, trust, and integrity of a Member. This provision was therefore repealed in 2006 and replaced with the requirements that exist today.
Currently, any Member who would no longer be eligible to be a candidate for election is not permitted to continue in office, and his or her seat is deemed vacant. In the event of a conviction or imprisonment of a Member, a suspension from office allows for legal appeals to be resolved before full disqualification takes place.
Under this Act, a person who is imprisoned in a correctional institution is not eligible to be a candidate. In addition, any person convicted of an offence that is an illegal or corrupt (election) practice under the act is not entitled to be elected to or sit in the House of Commons for five or seven years, respectively.
Nunavut’s legislation sets out the circumstances which will lead to a Member’s loss of his or her seat. Under Nunavut’s Legislative Assembly and Executive Council Act, a Member cannot serve if they are convicted of an offence under the Criminal Code prosecuted by indictment (typically, a serious offence). The law also sets out a discretionary provision to consider whether it is in the public interest and in the interest of the Assembly to expel a Member convicted of a lesser (summary) offence. Nunavut’s regime has not been challenged in court and is similar to the Northwest Territories’ restrictions in place from 1995 to 2006.
The laws of several provinces prevent a person imprisoned on conviction of an indictable offence from sitting as a Member or running for the office. This limitation generally expires when the term of imprisonment ends, as it does in the Northwest Territories.
In Nova Scotia, it is possible in certain circumstances for the prohibition from candidacy or holding office to be longer than the actual sentence imposed. This could occur if a person was convicted of a serious offence punishable by imprisonment of more than five years, but sentenced to a shorter term. In such a case, the person is ineligible to be nominated as a candidate for a period of five years from the date of conviction. With that, Mr. Speaker, I would like to pass the report on to Minister Sebert.
Masi. Minister.
Thank you, Mr. Speaker.
The Legislative Assembly of the NWT first established a self-imposed code of behaviour during the 12th Assembly. Each subsequent Assembly, except the 15th, formally adopted a similar code of conduct.
The Code of Conduct was amended by the 18th Assembly to put greater emphasis on effective representation. An excerpt from the Conflict of Interest provisions of the Legislative Assembly and Executive Council Act was added to help ensure Members arrange their private matters so as to maintain the trust and confidence of the public. A commitment to respect and abide by the laws of the land was also incorporated into the revised code.
For the first time, Members of the 18th Assembly formally signed copies of the Conduct Guidelines before the Clerk. These signed copies are publicly available and posted on the Assembly’s website. This demonstrates Members’ collective commitment to the spirit and intent of the Conduct Guidelines (see Appendix A).
Sworn oaths of office are another mechanism obligating Members to a standard of conduct. The Legislative Assembly’s oaths of office for Members and Ministers are set out in Schedule B of the Legislative Assembly and Executive Council Act. For example:
I, (Member’s name), do solemnly and sincerely promise and swear that I will duly and faithfully and to the best of my skill and knowledge execute the powers and trust reposed in me as a Member of the Northwest Territories Legislative Assembly. So help me God.
Members’ and Ministers’ oaths are sworn before the Commissioner with due ceremony and gravity, generally with close family present, in a televised proceeding in the Chamber.
There may be an opportunity to increase Members’ focus and public attention to matters of conduct by linking the oath to additional duties, standards and statutory requirements set out elsewhere. Newfoundland and Labrador’s Oath of Office is a good example, with specific links to the province’s Elections Act and the Assembly’s Code of Conduct:
I, (Member’s name) do swear (or affirm) that:
a) I am fully qualified to hold the office of Member for the District of _________ to which I have been elected;
b) I have not knowingly contravened the Elections Act, 1991 respecting any matter in relation to my election;
c) I will faithfully, to the best of my ability, perform the duties and responsibilities of my office and will not allow any direct or indirect monetary or other personal or private interest to influence my conduct or affect my duties in public matters;
d) I hereby affirm, subscribe to and agree to follow the Code of Conduct of Members adopted by the House of Assembly, (in the case where the oath is taken, add “So help me God”).
Codes of conduct are well-established in a number of parliamentary jurisdictions. Elected leaders around the world have noted that their codes of conduct are extremely useful in dealing with constituents and local organizations by providing a formal standard to judge the actions of their elected politicians. According to some experts, Members are more cautious of their behaviour because they are subject to stricter scrutiny inside and outside the House.
As a result, codes of conduct can be used to build trust in government institutions. Or, their absence can undermine it. The overall purpose of codes of conduct for parliamentarians varies from country to country. They usually aim to promote ethical behaviour and prevent unethical behaviour, provide a set of ethical standards, increase public trust in and respect for the institution, as well as to establish rights and responsibilities for parliamentarians.
A commonly held view is that codes of conduct are better adopted through the Rules of the House or by formal motion rather than by statute. There is a strong argument that adoption by standing order or resolution enables the House to retain jurisdiction over its own affairs, rather than delegating them to the courts.
As well, there seems to be benefit in having a code that is relatively simple and easy to understand, readily accessible, and aspirational in nature. A Code of Conduct can include both aspirational provisions, what Members ought to do, and prescriptive provisions, what Members must do or not do. Many jurisdictions, including the Northwest Territories have opted to incorporate prescriptive provisions in the statute including fiduciary matters such as conflict of interest, gifts and favours, asset declaration, nepotism and outside activities. Many of these items are addressed directly in the Conflict of Interest Provisions of the Legislative Assembly and Executive Council Act. The effectiveness of a code of conduct for elected leaders depends on a range of factors, including effective consultation and discussion prior to the enactment of the code, the existence of an active constituent base pre-media, a functioning integrity system, effective protection for whistle blowers, an oversight mechanism, clear and appropriate sanctions and parliamentarians' commitment to the structure and process, regulation and enforcement.
An effective conduct regime includes systems for enforcement and sanctions to deter potential offenders as well as to ensure the integrity of the House in the event of breaches. Three main models have emerged:
internal regulation by the parliament;
external regulation by a judicial body; and,
creation of an independent commissioner who reports to a parliamentary committee.
Self-regulation by parliament typically entails the creation of a special ethics committee to deal with the reporting, investigation and sanctioning of Members alleged to have violated the rules. However, this model has met with considerable criticism as it turns legislators into investigators, judges and juries. In addition, if the intention is to ensure or restore public trust in politicians, a model that relies on politicians investigating themselves is unlikely to retain public confidence or credibility.
The second model involves the creation of a judicial or quasi-judicial body to oversee and enforce regulations on behalf of Members. The difficulty with this model is that breaches of the rules can become subject to criminal proceedings and, therefore, may interfere with rules relating to parliamentary privilege or immunity. In addition, Members may feel little sense of ownership in an external regime. If the intention is to build collective acceptance of its provisions, there may be more direct ways to build the regime into parliamentary culture.
The third model combines elements of the first two. This model involves the creation of an independent regulator appointed by and reporting to the legislature. The regulator is then responsible for investigating alleged breaches and advising Members on the application of the rules, but the imposition of penalties or sanctions is decided by a committee of the House. This model closely aligns with our own enforcement provisions in the Conflict of Interest section of the Legislative Assembly and Executive Council Act. One option may be to expand our Conflict of Interest Commissioner’s responsibilities to include oversight of the Code of Conduct. This is the arrangement in Newfoundland and Labrador under the Commissioner of Legislative Standards.
It is important to note that our existing territorial regime does very little to address regulation and enforcement of the aspirational provisions contained in our current Code of Conduct. Apart from the code’s catch-all clause taken from the Legislative Assembly and Executive Council Act that Members “will perform the duties of office with integrity, objectivity and impartiality” and will arrange their “private affairs to maintain the trust and confidence of the public,” the code is largely non-binding and perceived as not having real teeth or meaningful enforceability. This is due, in part, from the difficulty enforcing some behaviour promoted in the code, in part, from the lack of a publicly-described procedure for registering complaints and taking appropriate action.
There is no Assembly committee tasked with handling complaints, and no ethics Commissioner. Our current system relies primarily on complaints to the Conflict of Interest Commissioner, whose authority is limited to provisions set out in the Legislative Assembly and Executive Council Act. This authority is weighed toward financial matters, contracts, and private interests. The act also establishes the Board of Management, chaired by the Speaker, to administer Members’ allowances, and set regulations and policies for all services to Members. The board ensures that its policies and regulations are followed, and exercises its authority to enforce them. The board is also the final arbiter of workplace harassment cases involving breaches of the Legislative Assembly’s policy and potential discipline of a Member. The workplace harassment policy is described in the Members’ Handbook, included in employee orientation, and administered by the Clerk. I will now pass this on to Mr. Thompson.
Masi. Member for Nahendeh.
Thank you, Mr. Speaker, and I thank Mr. Sebert for that part.
Municipal councils are not an equivalent level of government, but their standards of conduct are nevertheless an indicator of public expectations. Many municipal governments in Canada have adopted codes of conduct, some of them quite stringent. Ontario provides several similar examples in Barrie, Kitchener, the County of Brant, and others. These codes are both aspirational and prescriptive, with direct references to the Criminal Code of Canada and several Ontario laws governing Members’ conduct.
The County of Brant’s code of conduct, for example, features typical conflict-of-interest provisions as well as general standards of conduct and responsibilities including:
Members are responsible for making honest statements. No member shall make a statement when they know that statement is false;
Members shall exercise care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances;
Members shall competently exercise his or her office by educating themselves either formally or informally, in matters pertaining to their official duties;
Members of council must uphold the law and conduct themselves with the highest degree of ethical behaviour and integrity; and
Members shall not attempt, directly or indirectly, to influence the decision-making process as it relates to the awarding of contracts.
As is typical of other municipal codes of conduct in Ontario, Brant County’s includes detailed procedures for complaints and investigations by an Integrity Commissioner. The Commissioner is empowered to recommend a reprimand, or suspension of a councillor’s pay for up to 90 days.
However, the compliance section of Brant County’s code also refers to expulsion; Members of Council may become disqualified and lose their seats if convicted of an offence under the Criminal Code of Canada or for failing to declare a conflict of interest under the Municipal Conflict of Interest Act.
Most conduct guidelines for non-parliamentary organizations are vague, unenforceable, and do not deal with personal matters. Generally, such codes focus on workplace conduct and business integrity and do not venture very far into personal conduct.
References to alcohol and substance abuse or violence outside the workplace are virtually nonexistent or purely aspirational in nature. Likewise, confidentiality policies and general integrity clauses (re: good stewardship of public resources) do exist elsewhere but are no more strongly and specifically-worded than what we already have. However, personal conduct is a live issue for many NGOs working to improve governance and ensuring the confidence of donors and funders.
Some organizations’ codes of conduct reflect high standards and are linked to enforcement mechanisms. For example, the Canadian Broadcasting Corporation (CBC) requires its employees to act “at all times with integrity and in a manner that will bear the closest public scrutiny, an obligation that may not be fully satisfied by simply acting within the law.” More specifically, CBC’s code deals with conflict of interest, use of public funds and resources, discrimination and harassment, and so on.
Compliance is a condition of employment, and failure to comply “may result in disciplinary action up to and including immediate dismissal.” CBC employees are “obligated to immediately report possible breaches of the Code of Conduct; channels for doing so are clearly set out. Events at CBC in recent years illustrate that to be effective, even a rigorous code of conduct must be actively supported by management and a healthy workplace culture. At this part, I would like to pass on the next part of the report to Mr. Beaulieu. Thank you, Mr. Speaker.
Masi. Member for Tu-Nedhe Wiilideh.
