Debates of Oct. 30th, 2018

This is page numbers 4571 - 4620 of the Hansard for the 18th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library.

The word of the day was yellowknife .

Topics

Oral Questions

Members Present

Prayer

Unlocking Our Potential

Cultural Safety and Relationship-Based Care

Environmental Monitoring and Research Projects

2018 Northwest Territories Sport Hall of Fame Inductions

Implementation of the Gwich'in Comprehensive Land Claim Agreement and the Inuvialuit Final Agreement

Broadband Connectivity

Unlicensed Tourism Operators

Carbon-Free Energy for Resource Development

Emergency Response to Accident at Nahanni Butte Airport

Socio-Economic Agreements and Benefits

Energy Efficiency Initiatives in the Sahtu Region

Poverty in the Northwest Territories

Early Childhood Development

Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole

Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Motion to Receive Committee Report 10-18(3) and Move Into Committee of the Whole

Recognition Of Visitors In The Gallery

Fort Liard Residents Amand Bertrand, 85, and Frank Loman, 90

Implementation of the Gwich'in Comprehensive Land Claim Agreement and the Inuvialuit Final Agreement

Daycare Programs

Poverty in the Northwest Territories

Renewable Solar Energy

Carbon-Free Energy for Resource Development

Airplane Crash Medevac

Unlicensed Tourism Operators

Openness and Transparency - ATIPP Request

Airplane Crash Medevac

Tabled Document 276-18(3): NWT Poverty Update Tabled Document 277-18(3): Terms of Reference - Special Committee on Transition Matters Tabled Document 278-18(3): Terms of Reference - Special Committee to Increase the Representation of Women in the Legislative Assembly

Tabled Document 279-18(3): Updates to NWT Petroleum Legislation: What We Heard Tabled Document 280-18(3): Northwest Territories Business Development and Investment Corporation 2017-2018 Annual Report

Appointment of Chair to the Northwest Territories Honours Advisory Council

Appointment to the Special Committee on Transition Matters

Appointment to the Human Rights Adjudication Panel

Establishment of a Special Committee to Increase the Representation of Women in the Legislative Assembly

Appointment of Human Rights Commission Members

Extended Adjournment of the House to February 5, 2019

Bill 30:

An Act to Amend the Human Rights Act

Bill 33: Appropriation Act (Infrastructure Expenditures), 2019-2020

Bill 29:

An Act to Amend the Access to Information and Protection of Privacy Act

Bill 33: Appropriation Act (Infrastructure Expenditures), 2019-2020

Consideration In Committee Of The Whole Of Bills And Other Matters

Amendment to Clause 2, Bill 18:

An Act to Amend the Cities, Towns and Villages Act

Recorded Vote

Report Of Committee Of The Whole

Bill 24:

An Act to Amend the Elections and Plebiscites Act

Recorded Vote

Bill 33: Appropriation Act (Infrastructure Expenditures), 2019-2020

Recorded Vote

Orders Of The Day

Members Present

Hon. Glen Abernethy , Mr. Beaulieu , Mr. Blake , Hon. Caroline Cochrane , Ms. Green , Hon. Jackson Lafferty , Hon. Bob McLeod , Hon. Robert McLeod , Mr. McNeely , Hon. Alfred Moses , Mr. Nadli , Mr. Nakimayak , Mr. O'Reilly , Hon. Wally Schumann , Hon. Louis Sebert , Mr. Simpson , Mr. Testart , Mr. Thompson , Mr. Vanthuyne

The House met at 1:30 p.m.

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---Prayer

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Prayer

Prayer

Page 4571

The Speaker

Jackson Lafferty

Good afternoon, Members. Item 2, Ministers' statements. Minister for Industry, Tourism and Investment .

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Minister's Statement 121-18(3): Unlocking Our Potential

Ministers' Statements

Page 4572

Wally Schumann

Hay River South

Mr. Speaker, the first pillar of our government's mineral development strategy is to improve our territory's competitive edge. It sets the goal that investors in North America and around the globe see the Northwest Territories as an attractive place to invest in mineral development. Under the umbrella of unlocking our potential brand and marketing plan, we continue to invest in this goal.

On behalf of our government and our territory, the Department of Industry, Tourism and Investment acts as a champion of our immense resources potential to investors and resource companies around the world.

We are fostering the partnerships and the trade needed to be competitive in the global marketplace and to transform our extensive mineral and gas resources into exploration, jobs, and economic opportunities for the people and businesses of our territory.

Mr. Speaker, at a time when resource projects and companies must stand up to increased skepticism and stronger scrutiny, we have a good story to tell. Canada's Northwest Territories offers low-risk investment jurisdiction that is setting the bar for Indigenous partnership, and one that contributes to improved outcomes from northern communities and meaningful opportunities for Northerners.

We tell our stories to audiences that have the knowledge and capital to get projects going in our territory at conferences, trade shows and showcases, attracting leaders and experts in the resources sector. Representatives from Industry, Tourism and Investment were in Toronto earlier this month to attend Mines and Money Americas, an annual event that brings together over 600 delegates, including institutional investors, bankers, brokers, mining, and exploration companies from across the globe.

A two-person delegation has also just returned from China after attending the China Mining Congress and Exhibition, one of the world's largest mining and exploration conferences, where again we pitched investment in both our mining and oil and gas sectors for a rapidly-growing Asian market. The agenda for the mission also included mineral investment forums in both Beijing and Shanghai and meetings with Chinese investors and resource companies along the way.

Mr. Speaker, with markets on the upward trend, now is the time to intensify our efforts to sell the many advantages of doing business in the Northwest Territories.

Next week, Members of Cabinet will be attending the Yellowknife Geoscience Forum, confirmation of our continued whole-of-government approach to supporting exploration and mining in our territory. This is also a reminder that our support for mining and resource development is not limited to the promotion of investment. It is reflected in our approach and financial contribution to training and labour force development, in permitting, public geoscience, taxation, and the management of our legislative and regulatory environment.

Meanwhile, we are preparing once again to attend January's Mineral Exploration Roundup in Vancouver, working with our Indigenous governments and investment organizations to demonstrate to delegates at this major international mining conference that the NWT means business. We will follow that up with a presence in Toronto at the annual gathering of the Prospectors and Developers Association of Canada's International Convention, Trade Show and Investors Exchange in March.

Northern interests will also be represented at the Arctic Oil and Gas Symposium in Calgary that same month, where we will seek partners to help us realize our petroleum resource strategy's goals of local benefit today and global reach for the future.

Mr. Speaker, our territory is at a crossroads. To sustain our economy into the future, we need to stimulate new interest in the development of our natural gas resources and replace the anticipated closure of our existing diamond mines with new projects.

I would like to assure Members of this Legislative Assembly that the Government of the Northwest Territories, led by Industry, Tourism and Investment, will continue to invest and make the case on the global stage for investment in our territory in defense of the thousands of jobs, millions in investment, and about four billion in economic activity that is at stake. Thank you, Mr. Speaker.

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Minister's Statement 121-18(3): Unlocking Our Potential

Ministers' Statements

Page 4572

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Minister of Health and Social Services .

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Minister's Statement 122-18(3): Cultural Safety and Relationship-Based Care

Ministers' Statements

Page 4573

Glen Abernethy

Great Slave

Thank you, Mr. Speaker. Mr. Speaker, as a government we have committed to putting the principles of reconciliation in action and to transform the way that we deliver programs and services to be more culturally informed and respectful throughout our mandate. Today I would like to update colleagues and the public on efforts that we have been adopting within our Health and Social Services system to put these principles into action to better serve our residents.

Embedding the concept of cultural safety into our Health and Social Services system has been one of our main areas of focus. Cultural safety is an outcome; when organizations adopt the cultural safety approach, the needs of clients and families are the priority, and Indigenous peoples feel safe and respected, free from racism and discrimination.

This means that cultural safety is a key to improving quality and access to care for Indigenous residents, because it addresses some of the difficult truths: that the status of Indigenous health is a direct result of government policies; that the legacies of colonization and residential schools have affected health outcomes and shaped the way services are delivered; and that the Health and Social Services system has too often not been a place of healing for many Indigenous residents.

Simply put, our commitment to cultural safety recognizes that Indigenous clients should not have to adapt to our system, but rather, it is the responsibility of the system to change and transform to meet the needs of the clients.

In 2016, I tabled the document "Building a Culturally Respectful Health and Social Services System" that outlined our approach to making sure that cultural safety is incorporated across the Northwest Territories Health and Social Services system. In that document a commitment was made to develop a Cultural Safety Action Plan, in collaboration with Indigenous and northern residents and partners. Based on the principle of "nothing about us without us," the Department of Health and Social Services began a knowledge-sharing process with Indigenous and northern peoples and staff in the fall of 2017 to hear their experiences, concerns, and aspirations for our system.

Mr. Speaker, through this knowledge-sharing process we have heard directly from our residents that they envision a territory where Indigenous peoples, families, and communities enjoy physical, mental, emotional, and spiritual health and wellness. The stories shared in these sessions were powerful reminders that, while our system has many strengths to build upon, there is still much work to do.

A whole system approach is required to embed cultural safety in the Health and Social Services system. We began this shift with system transformation and the creation of the Northwest Territories Health and Social Services Authority in 2016. This has created a foundation for cultural safety and placed us in a stronger position to respond to the needs of Indigenous and northern clients. The department is just beginning the cultural safety journey, but in the long term it is expected to help address the health disparity between Indigenous and non-Indigenous people through increased access and use of health and social services and improved client and community experience.

Mr. Speaker, we know that cultural safety is key to improving quality and access to care for Indigenous residents, but it also provides a framework for better care for all NWT residents. We've heard from residents that relationship-based care is a priority for them, meaning that they want trusting, caring, and ongoing relationships with their healthcare providers. Relationship-based care honours the value that Indigenous peoples have placed on relationships, and improves the quality of care for everyone by putting the needs of the clients and the family first.

The Department of Health and Social Services recognizes that building long-term relationships between clients, practitioners, and staff makes a meaningful difference to achieving improved health outcomes and providing comfortable, safe, and respectful care for all people in the NWT. In August of 2018, the NWT Health and Social Services Leadership Council passed a motion to support the redesign of our system of care toward a team and relationship-based approach that is driven by community feedback and data and built upon a foundation of trust and shared outcomes.

This marks another significant milestone in the ongoing effort to create an operational philosophy, organizational culture, and governance structures that will allow us to achieve our vision of Best Health, Best Care, and a Better Future for all residents of the Northwest Territories.

The next step in this journey will be the release of the Cultural Safety Action Plan, which is going to occur in the coming months. There is much work yet to be done to embed cultural safety and relationship-based care throughout our Health and Social Services system, and an action plan will be an essential guide as we focus our efforts to create a better system for all residents. As we do this work, our department is committed to moving forward with continued collaboration with our partners and guidance from Indigenous as well as northern residents.

This is critical work for the health and wellbeing of our people, now and for the future. Thank you to all of those who have supported this work, and we look forward to getting it done. Thank you, Mr. Speaker.

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Minister's Statement 122-18(3): Cultural Safety and Relationship-Based Care

Ministers' Statements

Page 4573

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Minister of Environment and Natural Resources .

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Minister's Statement 123-18(3): Environmental Monitoring and Research Projects

Ministers' Statements

Page 4573

Robert C. McLeod

Inuvik Twin Lakes

Thank you, Mr. Speaker. Mr. Speaker, the Government of the Northwest Territories has a mandate commitment to support the Northwest Territories Cumulative Impact Monitoring Program, or NWT CIMP. This program is a research and monitoring program to help understand environmental trends and the cumulative impacts of both human and natural changes.

Today I am pleased to announce this program is providing $660,000 this year to initiate 11 new research and monitoring projects. These projects address key cumulative impact monitoring priorities for caribou, water, and fish. Funding recipients include Indigenous governments and organizations, universities, territorial and federal government departments.

Mr. Speaker, these projects include studying the impact of wildfire on boreal caribou, understanding ecosystem processes in our two Great Lakes, and using traditional and local knowledge to monitor environmental change.

Results from the projects will provide valuable scientific and traditional knowledge to support effective resource management decisions by communities, governments, and co-management boards.

The recommendations on project funding were made by a steering committee of Indigenous, territorial, and federal government representatives.

Mr. Speaker, NWT CIMP provides approximately $1.7 million in funding for scientific and traditional knowledge projects each year. This year the program is supporting a total of 28 projects. Fourteen projects were completed in 2018, and results are available online. Information on NWT CIMP, including a list of completed projects since 1999, can be found on-line at www.nwtcimp.ca. Thank you, Mr. Speaker.

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Minister's Statement 123-18(3): Environmental Monitoring and Research Projects

Ministers' Statements

Page 4573

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Minister of Municipal and Community Affairs .

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Minister's Statement 124-18(3): 2018 Northwest Territories Sport Hall of Fame Inductions

Ministers' Statements

Page 4574

Alfred Moses

Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, today I would like to highlight and celebrate the 2018 inductees into the Northwest Territories Sport Hall of Fame.

The Northwest Territories Sport Hall of Fame was created to honour athletes, coaches, officials, and contributors to sport from all parts of our society. Sponsored by the Sport North Federation, the Hall of Fame shares the history and the impact of our greatest contributors to sport.

Mr. Speaker, I invite Members of this House to join me in congratulating Ms. Robin Mercer-Sproule, Mr. Abe Theil, and the 1970 Fort McPherson Centennial Canoe team, who will be recognized at a special ceremony to be held in Yellowknife on November 23 rd .

Ms. Mercer-Sproule competed on behalf of the Northwest Territories in figure skating, softball, volleyball, basketball, hockey, and broomball in no less than 12 Arctic Winter Games and numerous other regional and national competitions across Canada. A breakthrough leader in women's hockey, she started in the sport by playing with a boys' team in 1977 as a forward. She later became a top goaltender.

Mr. Theil is being recognized for his lifelong contribution to volleyball, and for the significant role he played in the development of the Sport North Federation. He participated in 10 Arctic Winter Games from 1972 through 1998. His contribution to the sport from the local club level through to the national and international levels has been significant and remains an important part of the sport's legacy in our country.

The Fort McPherson Canoe Team participated in the historic Northwest Territories Centennial Fort Providence to Inuvik canoe race in 1970. The six-member team finished in first place after a series of races covering the 1,800 kilometre distance, competing against teams from Aklavik, Inuvik, Fort Providence, Fort Good Hope, Yellowknife, Detah, Tsiigehtchic, and from outside the Northwest Territories. Team members were Captain Phillip Blake, Woody Elias, Fred Vittrekwa, Joe Vittrekwa, John Itsi, and Joseph Kaye.

Mr. Speaker, these inductees and those selected in previous years are role models, mentors, and leaders in sport. They have worked tirelessly to develop the North's capacity to pursue active healthy lifestyles through engagement and participation in sports programming.

It is important to recognize and celebrate the past and the present successes of our Northern athletes and sport builders. Applauding their commitment to excellence, as athletes, coaches, or as an entire team helps to set a benchmark for the next generation. On November 23 rd , we will celebrate these inductees for their accomplishments and for the inspiration they have provided to us all.

Mr. Speaker, I would like to thank our community governments, the Sport North Federation, and all the territorial sport organizations for their efforts to support opportunities for these inductees and all the residents to pursue their dreams through sport.

I would also like to thank the many volunteers who contribute their time, talent, and energy to the sport system. The work you do is important to the well-being of our youth, the growth of the sport system, and our collective efforts to build healthier communities in the Northwest Territories. Mahsi cho, Mr. Speaker.

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Minister's Statement 124-18(3): 2018 Northwest Territories Sport Hall of Fame Inductions

Ministers' Statements

Page 4574

The Speaker

Jackson Lafferty

Masi. Ministers' statements. Colleagues, I would like to draw your attention to the visitors in the gallery. We have with us Wendy Bisaro. She has been a former Member of our 16 th and 17 th Legislative Assembly. Welcome to our proceedings.

Members' statements. Member for Mackenzie Delta .

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Implementation of the Gwich'in Comprehensive Land Claim Agreement and the Inuvialuit Final Agreement

Members' Statements

Page 4574

Frederick Blake Jr.

Mackenzie Delta

Thank you, Mr. Speaker. Mr. Speaker, under its mandate, this government has committed to fostering government-to-government relationships with Aboriginal governments and to implementing land resources and self-government agreements. This has been a top-of-mind issue since we first began to develop our priorities of the 18 th Legislative Assembly. Although the government has made some important strides, including a pilot project of the Gwich'in Tribal Council, challenges in communication and collaboration mean that the process is in trouble.

Mackenzie Delta residents are coming to me with their questions and concerns. They have asked me about public reporting and public accountability around these mandate commitments. They have asked me about the GNWT's responsibilities to Aboriginal governments under the Gwich'in Comprehensive Land Claim Agreement and Inuvialuit Final Agreement. They have also asked how the GNWT is making its commitment to fulfilling these agreements part of its daily practice. I will have questions for our Premier about the GNWT's role in the implementation of these agreements later today. Thank you, Mr. Speaker.

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Implementation of the Gwich'in Comprehensive Land Claim Agreement and the Inuvialuit Final Agreement

Members' Statements

Page 4574

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Hay River North .

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Broadband Connectivity

Members' Statements

Page 4575

R.J. Simpson

Hay River North

Thank you, Mr. Speaker. Mr. Speaker, I want to talk about connectivity. If the Mackenzie Valley Highway or the road to the Slave Geological Province had been built when they were first proposed or in the decade since, the outlook for our economy would be much different, but because we lack basic transportation infrastructure that has been connecting southern Canada for over a century we are facing a relatively near-term economic crisis. However, Mr. Speaker, that's not the kind of connectivity I want to discuss. I want to talk about high-speed Internet access.

If we don't start to capitalize on the recently completed Mackenzie Fibre Optic Link and begin putting the infrastructure in place to ensure that everyone in the NWT has access to high-speed Internet, we will once again be in a position where our infrastructure deficit is holding back our economy and we are playing catch-up with the rest of the developed world.

In 2016, the CRTC declared that broadband Internet access with unlimited data options and a target download speed of 50 megabits per second is a basic telecommunications service that should be available to all Canadians. Although many communities in the NWT are served by a fibre optic backbone, which is more than capable of achieving such results, homes and businesses are still connected to the backbone through antiquated infrastructure, resulting in slow and unreliable Internet for which we are forced to pay top dollar.

According to the CRTC, Canadians living in rural areas need high-quality Internet and mobile wireless service to fully participate in the digital economy and access healthcare, education, government, and public safety services. The vast size of our territory makes this especially true for us, Mr. Speaker. That's why we need to put the right infrastructure in place. If we do it, the possibilities are endless.

We could have telehealth services, allowing residents to see and speak with medical professionals anywhere in the world without ever leaving their communities; every school could deliver immersive and interactive educational experiences; we could utilize the economies of scale to broaden the range of courses offered to high school and polytechnic university students. Internet service set as an asset and not as a liability could generate new business opportunities for our residents.

Municipalities that install their own broadband infrastructure could use it to generate revenue and make their communities a more attractive place to invest. The list of possibilities is endless, and the time to act is now.

Just last month the CRTC announced it will soon be accepting applications for a $750 million broadband fund which is intended to support infrastructure projects. Mr. Speaker, I seek unanimous consent to conclude my statement.

---Unanimous consent granted

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Broadband Connectivity

Members' Statements

Page 4575

R.J. Simpson

Hay River North

As I stated, just last month the CRTC announced that it will soon begin accepting applications for a $750 million broadband fund which is intended to support infrastructure projects that will help close the gap in Internet connectivity between rural and urban areas. Last week the federal, provincial, and territorial Ministers for Innovation and Economic Development agreed to making broadband a priority and to develop a long-term strategy to improve access to high-speed Internet services for all Canadians. At the appropriate time, I will have questions for the Minister of Infrastructure to see what he is doing to bring our infrastructure into the 21 st century. Thank you, Mr. Speaker.

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Broadband Connectivity

Members' Statements

Page 4575

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Kam Lake .

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Unlicensed Tourism Operators

Members' Statements

Page 4576

Kieron Testart

Kam Lake

Mr. Speaker, tourism is big business in the Northwest Territories. Last year more than 100,000 visitors travelled to the NWT, and spending also reached an all-time high at $200 million. The results are expected to be even higher for this past year. It's unsurprising that many entrepreneurs are building businesses based on the success of our tourism market. Unfortunately, not all these individuals are playing by the same rules.

Mr. Speaker, I have heard several complaints from licensed tourism operators in Kam Lake who raise serious concerns around illegal outfits exploiting tourism opportunities in the NWT. More light has been shed on these illegal businesses in recent days with reporting from the CBC supported by internal government documents obtained through access to information requests.

What these complaints and documents reveal is a business environment with little to no consequences for illegal tourism operators, with fly-in, fly-out operations exploiting a lack of readiness on the part of this government to ensure that all operators are held to the same standard.

Mr. Speaker, under the law, an operator must have a licence issued by the GNWT. An unlicensed operator is not obliged to follow safety rules nor have proper insurance for their activities, putting tourists at risk and legal operators who pay these costs at a disadvantage.

Internal documents reveal that this government is struggling to keep up. An official wrote, "There are so many operators lately, it's hard to keep track of them all." Compare this to public concerns from legal, northern-owned and operated businesses. To quote one of these operators, "These guys are coming in and doing what they want. They're cutting corners."

Mr. Speaker, a licensed operator must pay for proper insurance and renew their licence every year. In addition to these expenses, it costs hundreds of thousands of dollars more for insurance. Illegal operators claim none of these costs, and there is ample evidence that they're not being held to account to the laws of the NWT by its own government.

Since 2013, there have only been nine investigations into illegal tourism operators, with two charges being brought forward under the act, and only a single fine issued, along with six compliance orders that do not level criminal penalties against these illegal businesses.

Despite the concerns raised by northern tourism operators who are paying their dues and operating within the letter of the law with legal licences, the GNWT says this is not a systemic problem. Departmental officials have said, "We will address it as we find out about it," and, "we're doing the best with the resources we have." Perhaps that's because they do not have the adequate resources to operate.

Mr. Speaker, this is a serious issue, and I will have questions for the Minister of Industry, Tourism and Investment later today to see what he has done to address the issue of illegal tourism operators in the Northwest Territories. Thank you, Mr. Speaker.

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Unlicensed Tourism Operators

Members' Statements

Page 4576

The Speaker

Jackson Lafferty

Masi. Member's statements. Member for Yellowknife North .

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Carbon-Free Energy for Resource Development

Members' Statements

Page 4576

Cory Vanthuyne

Yellowknife North

Thank you, Mr. Speaker. Mr. Speaker, as the Minister noted in his statement, we are all aware of the forthcoming slowdown in the NWT's economy from diamond mines winding down, and we're also well aware that it will take several new metal mines to replace the socioeconomic benefits of a single diamond mine.

Mr. Speaker, this summer I had the opportunity to meet with a number of representatives from world-class mining companies considering investing in the NWT. In general, we are seen as a favourable jurisdiction. We have world-class rock and proven resources. Most of the experts agree that our regulatory regime is improving; they agree that the diamond mines proved that development can succeed while working on land rights. As we know, the carbon tax is not a problem because it is, in fact, a rebate.

However, Mr. Speaker, they are concerned about one major barrier to investing, and that is carbon-based energy. That's right: burning diesel. In 2016, almost half of our carbon emissions came from mining, but the world is changing, Mr. Speaker. Today, for global mining companies to maintain their social licence to operate, they must avoid producing greenhouse gas emissions.

Believe it or not, in 2018, investment decisions on mineral development are not driven by economics alone. Issues affecting social and environmental impacts, climate change chief among them, are equally prominent considerations.

As there should be, Mr. Speaker, there's a growing intolerance among financial institutions, investors, mining companies, and the public for projects that have large carbon footprints. It is simply smarter and safer for them to invest in places with competitive carbon-free energy.

If the NWT is to open its world-class Slave Geological Province to exploration and development, we must bring Taltson hydro power to the region.

Mr. Speaker, the GNWT is undertaking the Great Slave Lake Submarine Cable Concept Study. That will inform us how we can supply competitive-priced, carbon-free hydro power to the Slave Geological Province. Our potential partners in mining are applauding this step, as it holds great promise for growth and for reducing the NWT's greenhouse gas emissions, while providing socioeconomic benefits for our people.

Mr. Speaker, the NWT must address the risks of carbon-based energy if we want to attract major mining interests to develop multi-generational projects.

While I can, Mr. Speaker, I'd just like to let folks know that, in case they're trying to change their plans, the Geoscience Forum is November 20 th to the 22 nd , and not next week. At the appropriate time, I'll have questions for the Minister of Infrastructure responsible for energy. Thank you, Mr. Speaker.

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Carbon-Free Energy for Resource Development

Members' Statements

Page 4576

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Nahendeh .

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Emergency Response to Accident at Nahanni Butte Airport

Members' Statements

Page 4577

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. As Members in this House heard, we had an accident at the Nahanni Butte airport on August 15, 2018. I'm very happy to say that all the individuals directly involved with the crash are safe and were discharged from the hospital. I'm very happy to hear the collaboration between the community health representative in Nahanni Butte, and the healthcare practitioners in Fort Simpson and Yellowknife work very well together. It is good to hear that telehealth and our telephone systems work well. The community of Nahanni Butte and the GNWT health staff did an amazing job and should be recognized for their help and support throughout the event.

Unfortunately, the smoothness of the response time and the process for medevac is a concern. It is my understanding that at approximately 13:16 the accident occurred. At approximately 13:45, one of the local airline companies contacted the Fort Simpson Health Centre and they said they were willing to take two Fort Simpson firefighters trained in primary care, paramedics who are trained to deal with packaging and transferring of injured people, to Nahanni Butte to assess injuries and to help out the local staff.

Unfortunately, at 14:05 the local company was told that the health centre would not be sending support staff, and that a plane was going to be dispatched from Yellowknife. At around 15:56, a King Air and two Twin Otters left for Nahanni Butte. Unfortunately, the King Air could not land in Nahanni Butte and had to go to Fort Liard. They needed to use a helicopter to take some of the passengers to Fort Liard to get on the King Air. The whole process took a long time, approximately seven hours, for the medevac to leave for Yellowknife.

One of the injured passengers was horrified that it was going to take more than two hours to get help in the community. Community members tried to be supportive and calm her down, but you can imagine her frustration and fear.

In speaking with the community and people from Fort Simpson, we were confused that there was an islander plane and a helicopter in Nahanni Butte and it was not used. They would also like to know why the support team from Fort Simpson was not dispatched. They were only 30 minutes away. Mr. Speaker, I seek unanimous consent to conclude my statement.

---Unanimous consent granted

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Emergency Response to Accident at Nahanni Butte Airport

Members' Statements

Page 4577

Shane Thompson

Nahendeh

Thank you, Mr. Speaker, and thank you, colleagues. The feeling is that policy and procedures outweighed the care of residents. What would happen if a very serious or fatal situation occurred? Would they have to wait at least seven hours to get the necessary transportation out to get help? This would not happen in bigger centres. They feel it is an uneven playing field, and I cannot blame them. I will later have questions for the Minister of Health . Thank you, Mr. Speaker.

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Emergency Response to Accident at Nahanni Butte Airport

Members' Statements

Page 4577

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Frame Lake .

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Socio-Economic Agreements and Benefits

Members' Statements

Page 4577

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. Yesterday I tabled a 2017 report contracted by the Industry, Tourism and Investment Department called "Policies for Generating Socioeconomic Benefits from Natural Resource Extraction Projects." This report shows how jurisdictions around the world make sure their citizens get a fair share of benefits from non-renewable resources extraction.

Unfortunately, this report received by the ITI 18 months ago was only recently posted deep on the department's website because I forced this government to make it public through an access to information request. Committee was not even informed of the existence of this report until the Minister disclosed it in an April 17 th public meeting where he presented on socioeconomic agreements.

The report examines exactly the issues that play in our development of a Mineral Resources Act. Public groups asked for this type of information during the MRA consultations process. Regular MLAs have repeatedly requested the Minister share the extensive cross-jurisdictional research his department claims to have done, but he has refused to provide this information.

The 2017 ITI-commissioned report is packed with detailed information on the types of instruments jurisdictions used to capture social and economic benefits for their citizens. It analyzes the different types of benefits, employment, contracting, capacity development, impact mitigation, new infrastructure, and does a provincial-territorial-international scan of other approaches. Why was this information suppressed?

This report is a good one, and I call on this government to pursue much stronger socio-economic agreements. These improvements should include requirements for binding and enforceable employment in contracting targets with penalties, locating offices and professional support in the Northwest Territories, and investments in research and development, training, and post-secondary education. Other jurisdictions tie the provision of such benefits to security of tenure and approvals for development. We should and must do much better.

The development of a new Mineral Resources Act and the amendments to our oil and gas legislation provide an ideal opportunity to build the framework of improved retention of benefits for our residents.

I'll have questions for the Minister of Industry on what other materials may be outstanding, and how these recommendations will inform our post-devolution resource management moving forward. Mahsi, Mr. Speaker.

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Socio-Economic Agreements and Benefits

Members' Statements

Page 4577

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Sahtu .

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Energy Efficiency Initiatives in the Sahtu Region

Members' Statements

Page 4578

Daniel McNeely

Sahtu

Mr. Speaker, energy initiatives in the Sahtu. As of this morning, Imperial Oil started supplying gas powered electricity to the community.

Mr. Speaker, energy has been on my mind lately, with the reopening of the Enbridge pipeline and the announcement of the new funding by the federal government for energy programs in the Northwest Territories.

I understand that, back in March, the GNWT secured $570 million from the Investing Canada Plan, and more recently, this government secured the first $23 million of its $31 million allocation from the federal Low Carbon Economy Leadership Fund.

Mr. Speaker, these new program dollars have come out around the same time as the GNWT Energy Strategy and Action Plan. The people of the Sahtu are interested in the details, how this money will be spent, and more importantly, how we can be involved in the transition to more efficient and cleaner energy systems in our communities.

Mr. Speaker, in the last few years, we have seen real progress in the Sahtu on the use of biomass heating. Cord wood has been an important source of heating in the Sahtu for generations, and the introduction of wood pellet heating has brought a new source of high-efficiency wood heating to our region.

Mr. Speaker, most of our communities have begun a transition to the lower-cost wood pellet systems and high-efficiency wood stoves. Heating with wood has many benefits, including being carbon neutral. As the supply chain for wood pellet improves, we hope to see it being more used in the Sahtu.

Mr. Speaker, we have also seen the installation of a state-of-the-art solar diesel plant in Colville Lake that has reduced the use of diesel fuel and reduced the emissions. Other efficiency upgrades were also made on the electrical side. Mr. Speaker, I seek unanimous consent to conclude my statement. Mahsi.

---Unanimous consent granted

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Energy Efficiency Initiatives in the Sahtu Region

Members' Statements

Page 4578

Daniel McNeely

Sahtu

Thank you, colleagues. Mr. Speaker, the Sahtu itself is a leader in energy efficiency, and we want to continue down this road so that all our residents can benefit from the new federal money. I will have follow-up questions to the Minister of Infrastructure at the appropriate time. Mahsi.

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Energy Efficiency Initiatives in the Sahtu Region

Members' Statements

Page 4578

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Yellowknife Centre .

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Poverty in the Northwest Territories

Members' Statements

Page 4578

Julie Green

Yellowknife Centre

In 2015, one in eight Canadians lived in poverty, about 5 million people; a shameful number for a wealthy country like ours. The federal government has set a goal to reduce that number by 20 percent in the next two years, and the government's long-term goal is to further reduce poverty by half by 2030. This measurement boosts the credibility of the strategy, and it gives hope to those who want to exit from the poverty track.

Mr. Speaker, the federal strategy introduces a poverty measurement. It's called the Market Basket Measure. The MBM puts a dollar figure on a basket of goods and services for a family of four. The MBM for Yellowknife in 2015 was about $56,000. The problem with the Market Basket Measure as a general measure of poverty is that it isn't calculated for any other NWT communities.

The NWT has had a poverty reduction strategy for five years. Its vision is that Northerners will have access to the supports they need to live in dignity and free from poverty as active participants in community life. This vision still resonates, but the GNWT didn't establish a definition of poverty or a goal for its reduction, so it's difficult to say whether Northerners are less poor than they were five years ago.

A group of non-profits recently published a poverty update to show what poverty in the North looks like. Here are a few of the results. Twenty percent of households earn about $25,000, one in seven residents faces moderate to severe food insecurity, and there are almost 2,000 people on income assistance in the NWT. It's a grim picture.

Mr. Speaker, it's understood that children who grow up in poverty are likely to live in poverty as adults. This fact underlines the importance of providing resources to families to move them out of the poverty trap. The federal and territorial child benefits are a good start, but income thresholds must be raised, and we need greater investments in housing. Mr. Speaker, I seek unanimous consent to conclude my statement.

---Unanimous consent granted

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Poverty in the Northwest Territories

Members' Statements

Page 4578

Julie Green

Yellowknife Centre

Mahsi, Mr. Speaker. The National Poverty Reduction Strategy challenges provinces and territories to do better and provides the opportunity for a partnership to assault poverty in the GNWT. It's time to establish a poverty measurement, set goals for poverty reduction, and make a commitment to tracking results over time. I will have questions for the Minister of Health and Social Services . Mahsi.

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Poverty in the Northwest Territories

Members' Statements

Page 4579

The Speaker

Jackson Lafferty

Masi. Members' statements. Member for Tu Nedhe-Wiilideh .

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Early Childhood Development

Members' Statements

Page 4579

Tom Beaulieu

Tu Nedhe-Wiilideh

Marsi, cho, Mr. Speaker. Mr. Speaker, today I will speak on the need to increase spending in early childhood development. Addressing this issue must be a solid joint effort on the part of our government.

Mr. Speaker, I will begin with the work needed in prenatal care. It is essential that we provide as much support as possible to women who are at risk of consuming alcohol while pregnant, because our territory depends on it. I believe the difference in the government spending between a person with FASD and a person without this disorder is over $1 million.

Mr. Speaker, we must invest in daycares across the NWT. Early childhood spending for children who are one, two, and three years old have huge returns. I believe the return on social spending is near a ratio of seven to one. In other words, Mr. Speaker, for every dollar spent in this area, the government will save $7 on things like social housing, income support, and increased graduation rates.

Mr. Speaker, if children are given the right supports, it would make them excel in their earlier years in school. It increases their chances of graduating from high school, which is the first big benchmark in education. Students who achieve grade 12 have a much higher chance of getting a job than a person who does not achieve grade 12. In fact, it's about 25 percent higher. It also gives that student an ability to go onto post-secondary education if they wish, which again is another important benchmark.

Mr. Speaker, students who have post-secondary education in the NWT can almost write their own ticket on the type of job they want. In fact, students with post-secondary education have about a 20 percent better chance of getting a job than a grade 12 graduate.

Mr. Speaker, it has been mentioned in this House many times that a job is the best social program. It reduces social spending on families with jobs, and I believe a salary paid is a return of $2.50 to every dollar paid to the employee. Thank you, Mr. Speaker.

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Early Childhood Development

Members' Statements

Page 4579

The Speaker

Jackson Lafferty

Masi. Members' statements. Item 4, reports of standing and special committees. Member for Kam Lake .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4581

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act , and commends it to the House.

Introduction

Bill 18 , sponsored by the Department of Municipal and Community Affairs (MACA), amends the Cities, Towns and Villages (CTV) Act to provide municipal councils governed under the act with new powers: the authority to impose a tax on tourist accommodations; and the authority to allow property owners to finance energy efficiency or renewable energy works through local improvement charges added to the property owner's municipal tax bill. It is important to note that these new powers are separate from one another and not related, except that they are both dealt with under the Cities, Towns and Villages Act, the legislation that sets out the powers of tax-based municipal governments.

Bill 18 received second reading in the Legislative Assembly on May 29, 2018, and was referred to the Standing Committee on Government Operations ("the committee") for review.

The standing committee is pleased to report on its review of Bill 18 :

An Act to Amend the Cities, Towns and Villages Act.

Background

The Cities, Towns and Villages Act governs the tax-based municipalities of Yellowknife, Norman Wells, Fort Smith, Inuvik, Hay River, and Fort Simpson in the Northwest Territories. The amendments proposed to the CTV Act under Bill 18 would provide these municipalities with two new areas of authority that municipalities could choose to exercise at their discretion.

Tourist Accommodation Tax

As drafted, Bill 18 provides tax-based municipalities with the authority to pass a bylaw imposing a tourist accommodation tax, not exceeding 4 percent of the daily accommodation rate on anyone who offers accommodation in return for money within the municipal boundaries.

The bill prohibits the tax from being imposed on the following persons and classes of accommodation: accommodation paid for more than 30 continuous days; accommodation where the rate is less than $20 per night; accommodation where the subject of the tax is the Government of the Northwest Territories or its public boards and agencies; any person or family member being accommodated as a result of medical travel; anyone paying for a stay at a hospital or healthcare facility; or any other class of persons or bodies set out in the regulations. Collectively, these exemptions are referred to as "exclusions" in the act's marginal notes.

The bill also sets out other matters a municipality may include it its bylaw. This includes further exemptions and rebates from the tax; penalties for failure to comply; interest on outstanding payments; audit and inspection powers; dispute resolution mechanisms; enforcement; and any other matters council considers important. It also provides that municipalities may go to court to attempt to recover unpaid amounts.

The bill authorizes municipal councils to enter into revenue-sharing agreements with not-for-profit organizations for promoting tourism, and with persons and bodies for the collection and administration of tourist accommodation taxes. It also requires that tax revenue be used only for supporting tourism initiatives, such as the provision of visitor services and the promotion of the community and the NWT as a tourism destination.

Finally, Bill 18 proposes to enhance the Minister's regulation-making authority:

Governing the collection of a tourist accommodation tax;

Prescribing conditions and limits on that tax;

Prescribing persons and classes of accommodations that are exempt from the tax;

Respecting agreements between the municipality and hotel operators regarding the collection of taxes; and

Respecting the sharing of revenue with not-for-profit organizations.

Energy Upgrades and Retrofits through Local Improvement Bylaws

Currently, the CTV Act allows municipalities to make upgrades or improvements to groups of properties adjacent to one another, and to charge the owners of these properties for the cost of the work on their property tax bills.

These types of upgrades, referred to as "local improvements," tend to be new or replacement construction projects intended to upgrade or improve certain conditions within residential, commercial, and industrial areas of the municipality. Examples include street paving, driveway crossings, sidewalk replacement, lane paving, curb and gutter replacement, boulevards and street lighting, and extending sanitary, storm or water systems. Subject to local bylaws, the participation of property owners in these types of standard local improvements may be mandatory.

Bill 18 proposes to give tax-based municipalities the authority, by bylaw, to enable individual owners of private property to improve the energy efficiency of their homes or businesses and use the "local improvement charge" mechanism to pay off the cost of the energy installation over time.

This would allow interested private property owners to undertake energy efficiency or renewable energy retrofits or improvements without having to pay the costs upfront. Instead, they could have the municipality add the costs to their property tax bill to be paid off over time.

The most important difference between the standard type of local improvements tax-based municipalities already have the authority to undertake, and this new type of local improvement, is that the latter is completely voluntary on the part of a private property owner. A municipality must have the written consent of the property owner in order to authorize a levy against their property tax bill.

Bill 18 sets out the administrative process for how this new type of local improvement can be put into effect, including rules for how the energy efficiency or renewable energy work must be described, how costs must be determined, the requirement for the passing of bylaws to charge a levy against a private property, and for determining the period over which the costs will be repaid.

In addition, Bill 18 includes provisions:

Specifying that costs may include reasonable engineering expenses and administrative costs, and interests on borrowing;

Requiring that a municipality give public notice of its intent to pass a bylaw and sets out the required contents of that notice;

Requiring that a municipality pass a second bylaw once energy retrofit is completed, to levy a local improvement charge against a property;

Requiring full cost recovery for each project financed through a local improvement charge;

Allowing the municipality to streamline the administrative process for passing these bylaws by allowing the bylaw to authorize a specific or series of energy efficiency or renewable energy works or any works that satisfy the requirements of a program of the municipality; and

Require reporting by municipalities to the Minister.

Mr. Speaker, I will now ask the honourable Member for Hay River North to continue reading of the Report. Thank you, Mr. Speaker.

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4581

The Speaker

Jackson Lafferty

Member for Hay River North .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4582

R.J. Simpson

Hay River North

Thank you, Mr. Speaker.

The Public Review of Bill 18

To commence consultation on Bill 18 , the standing committee invited input on the bill from 99 local hotel and bed and breakfast (B&

B) operators offering tourist accommodations in the six tax-based municipalities. This consultation list was kindly provided by the Department of Municipal and Community Affairs, who used the same list when consulting on the development of the bill. The committee also sent letters seeking input from the six impacted municipal councils.

Committee held a public hearing on Bill 18 in Yellowknife on September 19, 2018. At that hearing, committee heard a presentation from the Yellowknife Chamber of Commerce, provided by Mr. Kyle Thomas, Vice President. Committee also received a presentation from the City of Yellowknife, represented by Mr. Mark Heyck, Mayor; Ms. Sheila Bassi-Kellett, City Administrator; and Ms. Kerry Penney, Director of Policy, Communications and Economic Development. Committee noted that Ms. Shauna Morgan and Mr. Julian Morse, both councillors with the City of Yellowknife, were also in attendance in the audience.

Finally, committee received a presentation from Mr. Karl H. Schaefers and Mr. Dan Dupuis, representing Mr. Ed Romanowski, president and chief operating officer of the Explorer Hotel. Committee thanks everyone who appeared before the committee and provided input on Bill 18 that evening.

Because of planned consultation travel on Bills 8 and 20 , committee had already made arrangements to travel to three of the six tax-based municipalities. Hence, committee extended invitations to the municipal councils in these communities to discuss Bill 18 . A meeting scheduled with the town of Hay River in mid-August was, unfortunately, cancelled due to unforeseen circumstances. However, on October 2, 2018, committee had the opportunity to meet with Mr. Jim McDonald, mayor of Inuvik; Mr. Joe Lavoie, assistant deputy mayor; and Ms. Natasha Kulikowski and Mr. Clarence Wood, both councillors. Committee thanks these Town of Inuvik representatives for their time and input.

Finally, committee received written submissions from the following:

The Explorer Hotel;

The Town of Fort Smith;

The Yellowknife Chamber of Commerce;

The City of Yellowknife;

Days Inn and Suites, Yellowknife; and

Embleton House Bed and Breakfast.

The committee takes this opportunity to thank everyone who provided written submissions. Copies of these submissions are appended to this report.

What We Heard

Overall, committee heard mixed support for Bill 18 . Outside of Yellowknife, it is largely seen as a "Yellowknife" bill. Both Inuvik and Fort Smith expressed the view that, for smaller tax-based municipalities, any revenues the "hotel tax" might yield would be offset by the costs of administration.

Aside from Yellowknife, none of the five remaining tax-based municipalities indicated that they would be interested, at this time, in exercising the new authorities provided by the bill. There was, however, general agreement that the City of Yellowknife should have the right to exercise these new authorities if it chooses.

Tourist Accommodation Tax

Both the Yellowknife Chamber of Commerce and the City of Yellowknife expressed support for the bill. Mr. Kyle Thomas, vice president of the Yellowknife Chamber of Commerce, noted that the chamber would like to see the tax rate reduced from 4 percent to 3 percent. The City of Yellowknife raised concerns about the lengthy list of exclusions, which would reduce the total amount of revenue collected and make it difficult for front desk staff, who would be required to determine a person's reason for travel and whether or not an exemption applies.

Both the Yellowknife Days Inn and Suites and the Explorer Hotel offered conditional support for the bill. The support of the Explorer Hotel was based on the following conditions:

A 3 percent levy on the daily room rate;

Applicability to all accommodation properties;

No exemptions;

Industry oversight of fund management; and

No spending on convention or meeting facilities or on destination or visitor services, events or facilities.

The Yellowknife Days Inn and Suites expressed the view that "the draft as written falls short of the intended purpose of the levy," noting concerns about the exemptions in the bill and stressing that

Section 70.3(1) must clarify that the levy's primary purpose is to promote Yellowknife.

Both the Town of Fort Smith and Embleton House B&B are not supportive of the bill. In correspondence to the committee, Fort Smith Mayor Ms. Lynn Napier-Buckley said that, "When this change was first proposed by MACA, the Town of Fort Smith requested an impact assessment to be performed, which we have not received," noting that, "while the choice to provide this program is the decision of the municipality, it is a concern that this revision will be closely followed by reductions to territorial programs." She also asked, "What will the GNWT provide to ensure equity for the smaller communities in promoting and selling tourism outside of Yellowknife with this change?"

In explaining her lack of support for the bill, Ms. Faith Embleton of Embleton House B&B emphasized that, with the number of unlicensed accommodations popping up online, now is not the time to implement a tourism levy, but to work to ensure that unlicensed operators meet appropriate standards, noting that, "When they arrive, travellers often face substandard accommodation and sometimes no accommodation at all, leaving them out on the street when things get busy."

I would now like to turn it over to the Member for Deh Cho . Thank you, Mr. Speaker.

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4582

The Speaker

Jackson Lafferty

Masi. Member for Deh Cho .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4582

Michael Nadli

Deh Cho

Thank you, Mr. Speaker.

Energy Upgrades and Retrofits through Local Improvement Bylaws

Committee did not receive a great deal of substantive input on this aspect of the Bill. In Committee's discussion with representatives from the Town of Inuvik, Mayor McDonald noted that it is a good idea in principle but, again, more of a Yellowknife issue given that smaller municipalities are less likely to have the resources to allow them to finance private improvements.

In her letter to the committee, Fort Smith Mayor Ms. Lynn Napier-Buckley said that the "proposed change allowing the local improvement mechanism to be used for energy efficiency upgrades is...unnecessary and detrimental," pointing out that Municipal and Community Affairs had already advised that municipalities can apply the local improvement charge to individuals and further noting that municipalities are not set up as banks or lending institutions.

What We Did

In considering the input received, committee gave a great deal of consideration to the fact that the proposed amendments to the CTV Act do not compel or obligate a tax-based municipality to exercise either of the new authorities. Instead, Bill 18 provides for the new authorities, in law, for any municipality that wishes to exercise either, or both. Just as the Government of the Northwest Territories has argued for greater autonomy from the federal government, committee members believe it is important that municipal governments be given appropriate latitude to respond to local circumstances and needs. For this reason, the committee is generally supportive of Bill 18 .

Tourist Accommodation Tax

Tax Rate

Committee took note of the suggestions from the Yellowknife Chamber of Commerce and the Explorer Hotel that the proposed rate for the tourist accommodation tax be reduced in the bill from 4 percent to 3 percent. Clause 2 of Bill 18 proposes to create a provision in the CTV Act [Section 70.1(4)] which sets the maximum rate of the tourist accommodation tax at 4 percent of the daily accommodation rate.

Committee feels that this appropriately allows municipalities the discretion to set a rate lower than 4 percent if that is the wish of the municipality. Committee finds that this is in line with the hotel tax rate in other Canadian jurisdictions, noting that travellers to the NWT do not pay a provincial sales tax in addition to the accommodation tax. Committee encourages the City of Yellowknife to give consideration to the wishes of the Chamber of Commerce and Yellowknife hoteliers in setting a final accommodation tax rate.

Mr. Speaker, I would like to now pass the floor to my colleague, Mr. McNeely , the Member for Sahtu . Mahsi.

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4582

The Speaker

Jackson Lafferty

Masi. Member for Sahtu .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4583

Daniel McNeely

Sahtu

Exclusions

The most significant issue that committee heard feedback on was the manner in which exclusions are addressed in Bill 18 . Concerns about the exclusions were twofold: that the breadth of exclusions would have a negative impact on potential revenues and that it would be left to the hotel front desk staff to determine who qualifies for exclusions under the act. The following summarizes the feedback received on the subject of exclusions.

Town of Inuvik: The Mayor noted that hotels have issues with how they'll manage the tax, especially exclusions. One of the town councillors disagrees with the governments being exempted.

Days Inn and Suites Yellowknife: "Exclusions will have the effect of diluting the amount collected to the point where it is doubtful that the total amount collected on an annual basis less expenses will be an amount that would be effective in fulfilling the purpose for which the levy will be enacted in the first place."

City of Yellowknife: "The city would prefer that the Bill 18 did not contain such an exhaustive list of exclusions. Each exemption affects the overall amount to be collected. The city's second concern related to the administrative burden that the current draft of the legislation places on accommodation providers. As written, the legislation requires front desk staff to make a determination about a person's reason for travel and whether an exemption applies."

The Explorer Hotel: "The accommodation levy must be charged on all guest types (leisure, business, government, and personal). It would be difficult for a front desk worker or reservations agent to challenge a government official as to the purpose of their trip."

Committee agreed that the bill, as drafted, has the potential to place an unfair burden on hotel operators to determine if and when the exclusions set out in Bill 18 apply to a customer paying for tourist accommodation. Committee is also of the view that the potential revenue yield for a municipality should be significant enough that it makes administration of the tax financially viable.

Committee considered two options to amend Bill 18 to address these concerns: the elimination of exclusions entirely; or the creation of an exemption only for NWT residents.

I will now pass it on to my colleague, the Member of Hay River North .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4583

The Speaker

Jackson Lafferty

Masi. Member for Hay River North .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4583

R.J. Simpson

Hay River North

Thank you, Mr. Speaker.

Energy Upgrades and Retrofits through Local Improvement Bylaws

While committee appreciates that support for this proposed amendment to the CTV Act is not universally supported, committee did not hear any substantive input that caused it to consider any amendments to this part of Bill 18 . Committee recognizes that there do not appear to be any tax-based municipalities, other than Yellowknife, who are interested in exercising this authority at this time. Committee is comfortable that Bill 18 , as written, does not compel participation where a municipality does not desire it.

As fuel costs continue to rise and people look for other ways to do their part to reduce their carbon footprint, innovative approaches to achieving greater energy efficiency will be increasingly in demand. The committee applauds the City of Yellowknife for demonstrating leadership in this area and hopes that other tax-based municipalities can learn from the City of Yellowknife's experience with financing private energy upgrades using local improvement charges.

Clause-by-Clause Review of the Bill

The clause-by-clause review of the bill was held on October 25, 2018. At this review, the committee moved the following motion:

MOTION 1:

To amend clause 2 of Bill 18 by deleting the proposed subclause 70.1(5), which contained the list of exclusions, and replace it with a single exclusion for residents of the Northwest Territories.

Committee feels that this exemption, which would require only that a person paying for accommodations show any proof of residence or government-issued identification card, would simplify administration and ensure that the tax was truly targeting the tourist market as intended.

The Minister did not concur and the motion was defeated.

I would now like to pass the reading on to the Member for Kam Lake . Thank you, Mr. Speaker.

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4583

The Speaker

Jackson Lafferty

Masi. Member for Kam Lake .

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4584

Kieron Testart

Kam Lake

Thank you, Mr. Speaker.

Conclusion

During the course of this review, the Honourable Alfred Moses , Minister of Municipal and Community Affairs , twice advised the committee that he would not consider amendments that committee was proposing to the bill because the department had not consulted with their partner organizations on the committee's proposals.

While acknowledging that it is the Minister's prerogative to concur with committee's amendments or not, committee reminds the Minister that standing committees have the authority to carry out their own consultation on a given bill and to propose amendments to that bill. Committee encourages the Minister to ensure that MACA's partner organizations understand that, when the department is consulting on the development of the bill, that consultation is only one of at least two consultations that will take place, with the second being the consultation done by the standing committee.

Committee welcomes input when it is consulting on bills and is always happy to hear from the GNWT's partner organizations on legislation that is before committee.

The committee thanks the public for their participation in the review process and everyone involved in the review of this bill for their assistance and input.

Following the clause-by-clause review, a motion was carried to report Bill 18 :

An Act to Amend the Cities, Towns and Villages Act, as ready for consideration in Committee of the Whole. This concludes the standing committee's review.

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Committee Report 9-18(3): Report on the Review of Bill 18,

An Act to Amend the Cities, Towns and Villages Act

Reports Of Standing And Special Committees

Page 4584

The Speaker

Jackson Lafferty

Masi. Member for Kam Lake .

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Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 4584

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Hay River North , that Committee Report 9-18(3) be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.

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Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 4584

The Speaker

Jackson Lafferty

Masi. The motion is on the floor. To the motion.

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Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole, Carried

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Page 4584

Some Hon. Members

Question.

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Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 4584

The Speaker

Jackson Lafferty

Question has been called. The motion is carried.

---Carried

Member for Kam Lake .

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Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 4584

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to waive Rule 100(4) and move Committee Report 9-18(3) into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.

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Motion to Receive Committee Report 9-18(3) and Move Into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 4584

The Speaker

Jackson Lafferty

Masi. The Member is seeking unanimous consent to waive the rule to allow the bill to move to Committee of the Whole.

---Unanimous consent granted

Bill 18 ,

An Act to Amend the Cities, Towns, and Villages Act, is now referred to Committee of the Whole for further consideration. The report of the review of Bill 18 is now referred to Committee of the Whole. Masi. Reports of standing and special committees. Member for Kam Lake .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4585

Kieron Testart

Kam Lake

Thank you, Mr. Speaker. Here we go again.

Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of Bill 20 : Ombudsperson Act and commends it to the House.

Introduction

Bill 20 , sponsored by the Minister responsible for Public Engagement and Transparency , provides for the appointment of an Ombudsperson as an officer of the Legislative Assembly of the Northwest Territories. The bill establishes the mandate of the Ombudsperson to investigate complaints about the administrative fairness of Government of the Northwest Territories' practices, in order to promote fair, reasonable and equitable government administration.

Some of the key matters addressed by the Bill include:

Requiring that the Commissioner, on the recommendation of the Legislative Assembly, appoint an Ombudsperson;

Conferring powers and duties on the Ombudsperson for the purpose of fulfilling their mandate;

Setting out which GNWT departments, boards and agencies, collectively referred to in the bill as "authorities," will be subject to the Ombudsperson's jurisdiction;

Setting out how members of the public may make complaints to the Ombudsperson; and

Setting out how investigations are to be conducted by the Ombudsperson.

Bill 20 received second reading in the Legislative Assembly on June 1, 2018, and was referred to the Standing Committee on Government Operations ("the committee") for review. The committee is pleased to report on its review of Bill 20 : Ombudsperson Act.

A Note About the Title "Ombudsperson"

Six of 10 provinces and territories still use the term "Ombudsman." Each of the remaining four jurisdictions use a different title. In Newfoundland and Labrador, the person is called the "Citizen's Representative," and in Quebec, the "Public Protector." Only one Canadian jurisdiction, British Columbia, uses the term "Ombudsperson," as proposed in Bill 20 .

Committee supports the use of a gender neutral title, but Members find the term "Ombudsperson" awkward and difficult to pronounce. For that reason, committee decided to follow the lead of New Brunswick which, in 2017, changed their legislation so that the title of their Ombudsman is now, simply, the "Ombud."

Committee proposed this change during the clause by clause review of Bill 20 , covered in more detail later in this report. The Minister responsible for Public Engagement and Transparency concurred with the committee's motion to amend the title of the bill. While Bill 20 has not yet received assent, we anticipate this change will be adopted. For this reason, we have opted to use the term Ombud for the remainder of this report, except where another term is used in a direct quote.

Background

Together with Nunavut and Prince Edward Island, the Northwest Territories is one of only three Canadian jurisdictions without an Office of the Ombud to which members of the public may direct complaints about the fairness of their treatment by government.

The idea of creating an Ombud office in the Northwest Territories has been raised from time to time in the Legislative Assembly dating, at least, as far back as the 12 th Assembly. In March 2013, a motion was passed in the Legislative Assembly, referring the proposal to establish an Ombud office in the Northwest Territories to the Standing Committee on Government Operations for research, analysis and review. That direction from the House culminated in a Report on Establishing an Office of the Ombudsman for the Northwest Territories, which was tabled in the Assembly just over a year later, in June 2014.

Building on the foundation set by this report, some Members of the 18 th Legislative Assembly advocated to include Ombud legislation in the Government of the Northwest Territories mandate. As a result, the mandate contains commitment 5.3.11 to "develop legislation within two years to establish an independent parliamentary office of the Ombudsman."

The introduction of Bill 20 in the House, albeit a little behind schedule, fulfills the GNWT's commitment to bring forward this legislation. Committee thanks the Minister responsible for Public Engagement and his Cabinet colleagues for fulfilling this important promise.

The Public Review of Bill 20

To commence its consultation on Bill 20 , the committee wrote to invite input from a broad array of over eighty stakeholders, potential interest groups and organizations in the Northwest Territories such as municipal governments, Chambers of Commerce, non-governmental organizations and professional societies. Committee also wrote to Indigenous governments in the Northwest Territories to seek their input and, in particular, to canvass their interest in accessing the services of the Ombud on a cost-sharing basis, in a manner similar to that provided for in the Yukon Ombudsman Act. This proposal is discussed in greater detail later in this report and with respect to Motion 7.

The committee held seven public hearings on Bill 20 in Inuvik, Norman Wells, Fort Resolution, Hay River, Behchoko, Ndilo, and Yellowknife. As well, committee received eight written submissions, from the Yellowknife Chamber of Commerce, the Tlicho Government, the K'atlodeeche First Nation, former Member of the Legislative Assembly Ms. Wendy Bisaro, Mr. Colin Baile, the NWT Seniors' Society, the NWT branch of the Canadian Bar Association, and the City of Yellowknife. All submissions received by the committee are appended to this report.

The committee would like to thank the communities who welcomed us on our travels and everyone who provided input on Bill 20 .

Mr. Speaker, I will now ask that the honourable Member for Hay River North continue the reading of this report. Thank you, Mr. Speaker.

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4585

The Speaker

Jackson Lafferty

Masi. Member for Hay River North .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4587

R.J. Simpson

Hay River North

Thank you, Mr. Speaker.

What We Heard

Support for a Northwest Territories Ombud

The committee heard a great deal of support for the establishment of an Ombud in the Northwest Territories. Many people commented that this is something they have long waited for.

Mr. Colin Baile said, "It was in the early 1990s I first addressed, before a committee of this house, the need for then Ombudsman legislation. As this committee is aware, we are one or only two jurisdictions without such legislation. Ombudsperson legislation, at its core, is not intended to reprimand government, but rather to assist individuals with resolving disputes they may have with government and how they have been treated during that interaction. By using a restorative approach, individuals can have their faith restored in the public sector and government can be assisted in providing and promoting fair, accountable, and transparent services."

The Northwest Territories Branch of the Canadian Bar Association said, "The establishment of an Ombudsperson for the Northwest Territories is a welcome development. The Office will provide residents of the Northwest Territories with an important means of having concerns with government fairly investigated and addressed."

Ms. Wendy Bisaro, a former MLA and advocate for the establishment of an Ombudsperson in the Northwest Territories, told the committee, "It has long been a belief of mine that the NWT needs an Ombudsman. That legislation has finally come forward suggests that the benefits of an Ombudsman for our Territory have been recognized, thankfully."

Ms. Georgina Franki of Behchoko said, "It has been a long time coming. As a Northerner and Indigenous woman, we need help with someone to speak on behalf of some who can't speak."

Mr. Todd McCauley of Norman Wells said this: "is a major step forward and needed in the NWT."

This does not mean to suggest that committee did not hear dissenting voices. However, they were in a very small minority.

Ms. Jane Groenewegen, also a former MLA, expressed the view that the NWT is highly governed and there is easy access to Members of the Legislative Assembly, Ministers, plus a Conflict of Interest Commissioner, a Languages Commissioner, a Human Rights Commissioner, a Rental Officer, and an Employment Standards Officer. She said that the Legislative Assembly's library is full of statutory officers' reports with recommendations that have not been acted on.

Questions on the Role of the Ombud

Committee encountered a lot of curiosity about how the Ombud's Office works and heard a lot of questions. The following is an example of some of the questions raised during the public consultation meetings on Bill 20 :

How long will it take for the Ombud to Act on complaints?

Where will the Ombud be based?

Will there just be one person, or will the Ombud have staff?

How will we ensure good "bang for the buck" in establishing an Ombud?

Will the Ombud visit each community quarterly?

Who establishes the Ombud's priorities?

Will the Ombud deal with issues like nepotism?

Who pays the Ombud's salary and does the performance reviews?

Can the Ombud make recommendations to change legislation?

How does this proposed legislation compare with Ombud legislation in other provinces and territories?

What is the role of the Ombud with respect to Indigenous governments?

The level of interest and the very insightful questions from residents across the Northwest Territories suggest that a well-developed and targeted public awareness campaign must accompany the opening of the Ombud's office in the Northwest Territories, so that people are aware of the Ombud's role and purpose and the assistance they can expect to receive when they contact the Ombud.

Accordingly, the committee makes the following recommendation:

Recommendation 1

The Standing Committee on Government Operations recommends that the Minister responsible for Public Engagement and Transparency work closely with the Office of the Clerk of the Legislative Assembly and the newly appointed Ombud, to ensure the timely development and launch of a robust public awareness campaign to support the opening of the Office of the Ombud and increase residents' understanding of services the office provides, and how to access them.

The Ombud and MLAs - Distinguishing Between Their Roles

In his presentation at the Yellowknife public hearing, Mr. David Wasylciw talked about giving more consideration to the distinction between MLAs and the Ombud.

As well, in response to the committee's public hearing in Hay River on Bill 20 , the Hay River Hub published an October 9, 2018 editorial titled, "GNWT doesn't need an Ombudsperson." The writer argues that, "one of the main reasons there's an Ombudsperson in other jurisdictions is the size and complexity of their governments and the remoteness of their politicians from the people." The

article suggests that, because of our small population, NWT residents have greater access to territorial politicians and can "take their complaint right to the top of the territorial government."

It is true that the NWT residents do benefit from having political representatives who are accessible and approachable. It is also true that both MLAs and the Ombud can assist people who are having difficulty dealing with the territorial government. However, the tools at their disposal to provide this assistance are very different.

As Regular MLAs, we can rely on our access to and relationship with our Cabinet colleagues to raise issues of concern. We must also, however, rely on the political will of our colleagues to provide assistance with constituency complaints. MLAs have found that it may take months, even years, to get some resolution for their constituents. MLAs also frequently encounter "confidentiality" as a reason why a Minister cannot discuss a constituent's concern in sufficient detail for an MLA to broker a resolution.

The key distinction between an Ombud and an MLA, and one of the main reasons that other jurisdictions, including Yukon, have them, is that Ombuds have broad powers of investigation that MLAs do not. Upon receiving a complaint that the Ombud believes has merit, the Ombud may conduct an investigation. The tools at the Ombud's disposal to do such an investigation are quite powerful.

Clause 26 of Bill 20 gives the Ombud the power to make inquiries, receive confidential information and to hold hearings. The Ombud has the authority to enter any premises occupied by a government authority, talk in private with anyone there; require a person to provide information and produce documents, whether or not that person is still a member or employee of the authority; and to take possession of documents or things and produce copies of them. The Ombud also has the power to summon people and require them to give evidence under oath, if the Ombud believes they have information relevant to an investigation.

These powers allow the Ombud to investigate and attempt to resolve matters even where there is no political will to do so.

As well, because the Ombud has the power to undertake investigations on his or her own initiative, the Ombud is uniquely positioned to look into systemic problems where administrative fairness may need improvement. This type of analysis and investigation goes well beyond the mandate, and authority, of an MLA.

Mr. Speaker, I would now like to turn the reading to the Member for Deh Cho .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4587

The Speaker

Jackson Lafferty

Masi. Member for Deh Cho .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4588

Michael Nadli

Deh Cho

Mahsi, Mr. Speaker.

The Independence of the Ombud's Office

In order to carry out such powers free from political influence, it is important that the Office of the Ombud be independent from the executive branch of government.

The NWT Seniors' Society noted that, "the Act supports a term of five years for the Ombudsperson that exceeds the mandate of any Legislative Assembly. This helps to ensure the work of the Office is not unduly influenced by the Legislative Assembly once appointed." They further stressed that the provisions relating to suspension or removal of the Ombud should show that a substantive majority was in favour and not a simple majority. "This is to assure that the Ombudsperson is independent and cannot be removed at the whim of a few due to a decision that may be unpopular."

The NWT Branch of the Canadian Bar Association also noted that, "the Ombudsperson should have independence through security of tenure."

Mr. Colin Baile objected to clause 17, which specifies that the Ombud's jurisdiction does not extend to the Legislative Assembly and its standing committees. He argues that, "To exclude the entire legislative branch of government, including Members, management, and staff, is disrespectful of the act's intention and sends the message that the Legislative Assembly and its staff are above such investigation."

The committee respectfully disagrees with this view. In Canadian jurisdictions, the Ombud functions as a statutory officer of the legislative branch of government, so that the office may have independence from the executive branch. While not all jurisdictions have a provision similar to clause 17, which is also found in Manitoba's Ombudsman Act, this does not mean that the Legislative Assembly, its committees, and staff in other jurisdictions are within the scope of their respective Ombuds. One must look to the

definitions, schedules and provisions in each province or territory's Ombud legislation to determine which departments, agencies, and organizations of the public sector are subject to the Ombud's oversight. Committee is aware of no Canadian province or territory that permits Ombud oversight of the legislative branch of government.

The Importance of Hiring the Right Person for the Job

Committee heard from a number of people that, in order for the Northwest Territories' first Ombud to be effective, it is important that the right person be hired for the job.

Mr. Colin Baile noted that, "The Ombudsperson is most often the only or last means of resolving disputes with government agencies. The trust placed in the Ombudsperson by the public, and the statutory authority given that individual by the Legislative Assembly carries great responsibility and expectation."

Former MLA Ms. Jane Groenewegen said that the new Ombud should have a good understanding of the government and its processes and urged committee, "Don't set the standard too low."

Mr. Eric Braathen expressed the view that the appointee should be a long-time Northerner with extensive knowledge of the Government of the Northwest Territories.

Conditions of Employment for the Ombud

Clause 9 of Bill 20 provides that the Ombud is entitled to pay and benefits. Ms. Bisaro questioned what is meant by "benefits" and asked whether it included access to a pension plan. Mr. David Wasylciw expressed the opinion that the Ombud's salary should be tied to the GNWT's pay structure and made public in the Act.

The Office of the Clerk advised the committee that none of the legislation establishing statutory officers makes any reference to employee benefits. This is intentional, so as not to create an employee-employer relationship with these independent offices. Committee further heard that not specifying the nature of the salary or benefits allows greater flexibility for the Speaker in tailoring a contract that best meets the needs of the incumbent. Committee is comfortable with this approach and, therefore, does not propose any amendments to Clause 9 of Bill 20 .

Clause 10 provides that, with the approval of the Speaker, the Ombudsman or Ombud may engage in outside employment. Both Mr. Baile and the Northwest Territories

Chapter of the Canadian Bar Association questioned why the act would allow the Ombud to do so when this is not allowed in other jurisdictions, and suggested that, if outside employment is to be permitted, it should be done with the endorsement of the Conflict of Interest Commissioner.

Allowing one individual to potentially hold one or more offices with Ombud-like powers provides the Legislative Assembly's Board of Management and/or the Office of the Speaker, with the greatest flexibility in how its statutory appointments are filled, and recognizes that in a remote jurisdiction, such as ours, it might not be advisable to exclude potentially qualified candidates by being overly restrictive.

Committee received input from the Office of the Clerk of the Legislative Assembly, advising that the Conflict Commissioner has jurisdiction over current and former Members of the Legislative Assembly only and that none of the other legislation for statutory officers requires the approval or endorsement of the Conflict Commissioner. Committee is satisfied that the matter of potential conflicts of interest can be adequately handled by the Speaker, acting on the advice of the clerk and law clerk. As a result, committee is not seeking any amendments to this provision in Bill 20 .

Mr. Speaker, I now pass the floor onto my colleague from the Sahtu, Mr. McNeely . Mahsi.

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Page 4588

The Speaker

Jackson Lafferty

Masi. Member for Sahtu .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4590

Daniel McNeely

Sahtu

Calls for the Inclusion of Municipalities

The committee heard a number of calls for municipalities to be included under the Ombud's jurisdiction.

The City of Yellowknife submitted that the Ombud's jurisdiction should be expanded to include municipalities, noting that "Our Council strongly supports accountability and transparency in local government and having municipalities bound by the Ombudsperson Act provides an impartial and independent review process to ensure the fairness of municipal processes, decisions and actions."

The Yellowknife Chamber of Commerce noted, "We are excited to see Bill 20 : the Ombudsperson Act moving forward. However, the act is missing a key component. It fails to provide the Ombudsperson with jurisdiction over municipalities, something that exists in most other Canadian provinces/territories, including Nova Scotia, New Brunswick, Ontario, Saskatchewan, Manitoba, British Columbia, Alberta, and Yukon."

The NWT Branch of the Canadian Bar Association stated, "The purposes of the Ombudsperson Act would be more fully served if the Office's jurisdiction extended to the acts or omissions of professional organizations and municipalities created under territorial legislation."

Committee considered two different approaches to this objective. The first option would be to include municipalities as "authorities" under the

schedule to the Act.

This would give the Ombud the same jurisdiction over municipalities as over GNWT departments, boards, and agencies.

Mr. Colin Baile expressed support for this approach, noting that "municipalities should be added as an authority in the schedule," and acting that if this was not possible on the coming into force date of the Act, then it should be "on a set

schedule of one year hence."

Committee considered the potential workload for the Ombud under this approach. Committee also considered that there have long been calls for municipalities to be brought under the Access to Information and Protection of Privacy (ATIPP) Act and the concerns municipalities have raised about their capacity to manage this change.

Committee ultimately determined that fully including municipalities under the Ombud's jurisdiction at this time had too much potential to overwhelm the resources of the new Ombud's office and could place onerous obligations on municipalities that already have limited capacity and will be dealing with upcoming changes to ATIPP legislation.

Committee opted for an approach that would allow municipalities to contract the services of the Ombud on a cost recovery basis. This is reflected in Motion 7 below. Committee notes, for the record, that the full inclusion of municipalities under the Ombud's oversight is a logical next step and something that should be more fully considered once municipalities are included under ATIPP legislation.

The "Yukon Provision"

When the 17 th Legislative Assembly's Standing Committee on Government Operations produced its June 2014 report on Establishing an Office of the Ombudsman for the Northwest Territories, the report indicated that Yukon's Ombudsman has the authority, on a cost recovery basis, to investigate and report back to the Yukon First Nation Government on any matter referred by that government. Committee wrote to Indigenous Governments in the Northwest Territories to canvass their interest in having access to the NWT Ombud under similar conditions.

Committee received correspondence from Mr. Peter Redvers, director of Lands, Resources, and Negotiations with the K'atlodeeche First Nation, indicating their support for this proposal.

Committee also received a letter from Grand Chief George Mackenzie, Tlicho Government. Grand Chief Mackenzie noted, as committee was aware, that the Tlicho Community Services Agency is listed in the

schedule to Bill 20 and, hence, already under the jurisdiction of the Ombud. However, the Grand Chief pointed out, "the TCSA can have additional roles assigned or delegated to it by Tlicho government. As such, it would be of advantage to know about any issues concerning how clients are being treated in their dealings with the TCSA." Therefore, the Grand Chief noted, "Tlicho Government asks that consideration be given to formal notice to Tlicho Government of any investigations of TCSA by the Ombudsperson and the sharing of the Ombudsperson's report coming out of an investigation of the TCSA."

Clause 42 of Bill 20 provides that the Legislative Assembly may make general rules to guide the Ombud in the exercise of the duties of the Office. It further provides that the Ombud must establish certain policies and procedures and may establish others. Committee feels that the request by Tlicho government is best addressed thorough the establishment of rules and procedures guiding the Ombud's Office. Accordingly, committee makes the following recommendation.

Recommendation 2

The Standing Committee on Government Operations recommends that the Minister of Responsible for Public Engagement and Transparency work closely with the Office of the Clerk of the Legislative Assembly and the newly appointed Ombud, to ensure that appropriate procedures are established to advise Tlicho Government of any investigations by the Ombud of the Tlicho Community Services Agency and for the provision of the Ombud's report to Tlicho Government.

Motion 7, which amends Bill 20 to allow municipalities to refer matters to the Ombud for consideration on a cost-recovery basis, also allows for Indigenous governments in the Northwest Territories to do the same. The motion further provides that, in such instances, the provisions in Bill 20 requiring the Ombud to report to the GNWT and setting out how the GNWT must respond, do not apply. Instead, the Ombud's report will go directly and only to the government or municipality that first referred the matter.

I pass on to continue the report to the Member for Hay River North .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4590

The Speaker

Jackson Lafferty

Member for Hay River North .

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Committee Report 10-18(3): Report on the Review of Bill 20: Ombudsperson Act

Reports Of Standing And Special Committees

Page 4591

R.J. Simpson

Hay River North

Thank you, Mr. Speaker.

Call for a Mandatory Review Provision

Some Northwest Territories statutes contain provisions requiring a mandatory review of the legislation at set intervals of time, usually every five or ten years.

Ms. Wendy Bisaro suggested that Bill 20 "is missing a clause requiring a review of the Act every 10 years."

The merit of including such a provision in legislation is that it sends a public message about the importance of keeping the legislation up to date and suitable for current circumstances. Unfortunately, such provisions can tie an Assembly to an expensive and time-consuming review, when one may not be necessary and there are other, more pressing, legislative priorities. Given that the Legislative Assembly has the prerogative, at any time, to review and amend its legislation, such a provision is not strictly necessary. For these reasons, committee did not adopt this suggestion.

What We Did

In addition to the general themes identified above, the committee was fortunate to receive detailed input on a number of specific clauses contained in Bill 20 . Committee addressed many of these issues raised by stakeholders in motions to amend Bill 20 .

Clause by Clause Review

The clause-by-clause review of Bill 20 was held on was held on October 25, 2018. The committee thanks the honourable Louis Sebert , Minister responsible for Public Engagement and Transparency, and members of his staff for their appearance before the committee.

At this meeting, the committee moved 19 separate motions to amend Bill 20 . These motions, and the purpose of each, are identified below.

Minister Sebert concurred will all but three of the committee's motions. The motions for which there was no concurrence are also identified below.

This makes "Ombud" the official title of the position.

Motion 2: To amend clause 6(3) of Bill 20 specify that any suspension of the Ombud occurring when the Legislative Assembly is not in session will only remain in effect until the conclusion of the next sitting of the Legislative Assembly.

As pointed out by the NWT Branch of the Canadian Bar Association, "the Commissioner, on recommendation of the Board of Management, should not be able to suspend the Ombudsperson without accountability to the Legislative Assembly." This amendment allows the Assembly to deal with the suspension at the next sitting, and is consistent with Ombud legislation in other jurisdictions such as Manitoba and Ontario.

Motion 3: To amend subclause 7(3) to change "Speaker" to "Board of Management."

Clause 7(3) provides for the appointment of an Acting Ombud, due to the resignation or absence of the incumbent Ombud. Committee received input from Ms. Bisaro suggesting that any appointments should be done only by the Legislative Assembly, and by the NWT Seniors' Society suggesting that any decision be made by way of a "supermajority" of votes, meaning a majority that is larger than fifty percent plus one.

The Legislative Assembly votes on appointments, such as the Ombud, Acting Ombud or Special Ombud, according to the Rules of the Legislative Assembly, which require a simple majority. Consequently, it would be outside the scope of Bill 20 for the committee to seek an amendment requiring a supermajority vote. Committee feels, however, that appointment by the Board of Management, rather than the Speaker alone, would require consideration of a number of viewpoints, rather than just one. That is the rationale for this amendment to the bill.

Committee notes that input on this provision was received from the Office of the Clerk of the Legislative Assembly, which has an interest in this legislation because it is responsible for the management of the Legislative Assembly's statutory officers. The Office of the Clerk indicated a preference for subclause 7(3), as originally drafted, for consistency with other statutory officer legislation and to allow the Speaker alone to appoint an acting Ombud when it is a matter of urgency.

Given that acting and special appointments for the Languages Commissioner and Equal Pay Commissioner are made on the recommendation of the Board of Management, while others like the Information and Privacy Commissioner are made by the Speaker, and to be responsive to public concerns about the independence of the Ombud, committee decided to proceed with Motion 3.

Motion 4: To amend subclause 8(1) to change "Speaker" to "Board of Management."

Subclause 8(1) provides for the appointment of a Special Ombud. The rationale for this motion is the same as for Motion 3.

Motion 5: To amend subclause 15(1), which sets out the mandate of the Ombud.

Committee found this important clause densely worded and difficult to understand. Almost all Ombud legislation across Canada has a similar clause, and committee had seen examples in which the Ombud's mandate was more clearly communicated. Committee proposed a motion to improve the readability of the clause. Committee also wanted the mandate clause to contain a specific reference to policy. Committee holds the view that it is fully within the Ombud's mandate to consider and make recommendations on the application of GNWT policy. The reference was meant to add clarity by making this explicit.

Minister Sebert did not concur and the motion was defeated.

Motion 6: To amend Bill 20 by deleting subclause 16(2).

Subclause 16(2) provides for the Executive Council (Cabinet) to refer matters relating to the administration of an authority to the Ombud for investigation and report. Committee propose to delete this provision. In doing so, committee's intention is not to be mean-spirited. Cabinet has considerable resources at its disposal for investigating administrative concerns within government, including the Internal Audit Bureau in the Department of Finance.

Given that the resources of the Ombud will not be unlimited, committee feels that those resources are, as a first priority, best used assisting people of the Northwest Territories with their concerns. Committee also notes that under Clause 16(1), the Legislative Assembly may refer a matter to the Ombud, which means that any Member, including Ministers, may move a motion asking the Assembly to refer a matter to the Ombud.

Motion 7: To amend Bill 20 by adding two new provisions after subclause 16(2).

This motion introduces a provision that allows municipalities or Indigenous governments to refer matters to the Ombud on a cost-recovery basis and to rece