This is page numbers 1615 - 1642 of the Hansard for the 13th Assembly, 4th 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 community.

Topics

Tabled Document 119-13(4): Summary Of GNWT Contract Spending 1996-97
Item 13: Tabling Of Documents

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The Speaker Samuel Gargan

Thank you. Tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Mr. Erasmus.

Tabled Document 119-13(4): Summary Of GNWT Contract Spending 1996-97
Item 13: Tabling Of Documents

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Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. I seek unanimous consent of the House to waive Rule 70(5), and have Bill 23, An Act to Amend the Elections Act, ordered into committee of the whole for today. Thank you.

Tabled Document 119-13(4): Summary Of GNWT Contract Spending 1996-97
Item 13: Tabling Of Documents

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The Speaker Samuel Gargan

Thank you. The Member for Yellowknife North is seeking unanimous consent to waive Rule 70(5). Do we have any nays? There are no nays. Mr. Erasmus, you have unanimous consent. Bill 23, will be ordered into committee of the whole for today. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters. Bill 5, Adoption Act, Bill 23, An Act to Amend the Elections Act; Tabled Document 108-13(4); Tabled Document 110-13(4); Tabled Document 113-13(4). With Mr. Steen in the Chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 15th, 1997

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The Chair

The Chair Vince Steen

I would like to call the committee to order and for consideration by the committee we have Bill 5, Adoption Act; Bill 23, Tabled Document 108-13(4); Tabled Document 110-13(4); Tabled Document 113-13(4). I would call Mr. Ootes, Chair of the Ordinary Members' Committee, for some direction.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Mr. Chairman. I would move that we consider in the following order: Tabled Document 113-13(4), Government of the NWT Interim Financial Report for the Year Ended March 31, 1997; followed by Tabled Document 110-13(4), Action Plan for Transition to a New Western Territory and following that by Bill 23, An Act to Amend the Elections Act.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Ootes. Does the committee agree? Thank you. We will proceed after a 15- minute break. Thank you.

--Break

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

We will begin with Tabled Document 113-13(4), Government of the NWT Interim Financial Report for the Year Ended March 31, 1997. I will ask the Honourable Mr. Todd, Minister of Finance, if he wishes to speak to the item.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

Thank you, Mr. Chair. I have a brief comment I would like to make, if I may. On behalf of the Standing Committee on Government Operations, I would like to commend the... What is this? Right, this is somebody else's. Mr. Chairman, I will have to do what I always do. I would like to commend all Members of the House, committees, people in the Northwest Territories who assisted us in this difficult task in bringing together budgets that met the Deficit Elimination Act that was set before the House in the year 1994/95. I think our anticipated deficit for this year is somewhere around $12.4 million. This is an allowable deficit in respect to the Deficit Elimination Act. I would like to thank everybody. That is it, Mr. Chairman. I have lost my notes. I am really sorry.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Todd. I would now like to invite Mr. Erasmus, chairman of the Standing Committee on Government Operations, if he would like to make general comments on that report?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Thank you, Mr. Chairman. On behalf of the Standing Committee on Government Operations, I would like to commend the government and all Members and standing committees of the Legislature for complying with the provisions of the Deficit Elimination Act. The unaudited financial statements indicate a deficit of $12.4 million for the fiscal year 1996-97. This is certainly well within the legal requirement of an allowable deficit of $45 million as prescribed in the Deficit Elimination Act. Again, on behalf of all Members, I would like to acknowledge the contribution of all GNWT employees and NWT residents who endured and who are still enduring the impacts of the budget reduction measures implemented by this Legislature in our efforts to meet our fiscal goals. As Members of this Assembly, we will continue to ensure that this government is fiscally responsible in terms of meeting the requirements of the Deficit Elimination Act, particularly as we approach April 1, 1999, and the creation of two financially viable territories. Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Erasmus. I would like to now open the floor to general comments on the report. Are there any general comments on the report? Does the committee agree that deliberation of this item is concluded? Agreed? Thank you. We would then move on to the next item on the agenda, which is Bill 23. Agreed? Thank you. I would like to invite the Minister responsible for Bill 23, the Honourable Mr. Ng, to introduce the bill.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. I am pleased to present amendments to the Elections Act contained in Bill 23. It is fitting that these amendments are being considered today. As noted, it is the second anniversary of our election to this 13th Assembly. The bill before you today is the result of input from a number of sources. It is normal practice after each general election that the Chief Electoral Officer provide a report to the Legislative Assembly on the conduct of the election. After the general election that led to this 13th Legislative Assembly, the CEO provided a report that made a number of recommendations to improve the election process in the Northwest Territories. The CEOs report entitled, Look into the Future, was tabled on May 3, 1996, and was referred to the Standing Committee on Government Operations for review and comment. The report of the Standing Committee on Government Operations was presented in the House and debated in committee of the whole. Subsequently, the House adopted recommendations and provided direction to the management and services board and government to prepare amendments to the Elections Act.

Mr. Chairman, the bill before us today provides amendments that permit voting in the office of the returning officer, provide for mail-in voting, clarify the procedures for enquiring into and prosecuting violations of the Act, clarifying the circumstances under which proxy votes may be used, restrict election related spending in the six-month period preceding the commencement of an election campaign, and provide that a tie vote resulting after recount will be resolved by the holding of a new election. Mr. Chairman, the bill also makes technical amendments, standardizing provisions for posting of notices, changing the day on which nominations close, clarifying the offensive of voting more than once in an election and providing a number of other minor changes to the Act.

Mr. Chairman, the effect of a number of these amendments will extend opportunities to voters to exercise the right to vote. These amendments will, as indicated, allow voting at the office of the returning officer and for mail-in ballots. These are two new methods not presently offered under the NWT Elections Act. The amendments before committee of the whole today have significantly tightened up the circumstances by which an eligible voter may apply for a proxy certificate.

Mr. Chairman, in addition to the recommendations adopted by the Assembly that required the drafting of amendments, there was a recommendation concerning the appointment of a resident CEO for the Northwest Territories. The CEO for Canada, in his report on the election for the 13th Assembly, recommended that firm decisions be reached on a structure for electoral administration for the two new territories, with two electoral offices to be operational by April, 1997.

Mr. Chairman, the Premier on the recommendation of the Standing Committee on Government Operations and the Legislature wrote to the Privy Council office to effect negotiations for the transfer of the financial resources to run elections in the north. I can advise that the negotiations have gone well and the transfer is in its final stages and will need final approval of the federal and territorial Cabinets. Once this is concluded, the Legislative Assembly will be in a position to appoint our first resident Chief Electoral Officer.

Mr. Chairman, each electoral event brings new administrative and legal issues to light and serves as a source of new ideas for improvements. The amendments before you today are offered to improve our electoral system in the north and to ensure it continues to meet the highest standards, thus affording electors in the north the ability to exercise their franchise. Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Ng. I will now invite the Chairman of the Government Operations Committee for general comments on the bill.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Thank you, Mr. Chairman. The Standing Committee on Government Operations met on October 14, 15 and 16 to conduct its review of Bill 23, An Act to Amend the Elections Act and agrees with the amendments proposed in the reprinted bill.

Bill 23 proposes to tighten up proxy voting procedures, include provisions for mail-in voting, increase candidate spending limits, standardize the voters list and clarify procedures for initiating and prosecuting Election Act violations. During its review of the bill, committee members were somewhat disappointed that the provisions for proxy voting were still included and suggested that proxy voting provisions should be removed. Members discussed this at length with the Minister and eventually the bill was amended in committee to provide an elector may apply for a proxy certificate only if they believe they will be out of the electoral district on polling day. That they will be more than 50 kilometres from the office of the returning officer for that particular electoral district.

Committee members also discussed the use of mail-in ballots. The committee outlined the need for a requirement for the prompt mail-out of ballots once the writ for election is released. This will allow ample time for students or residents temporarily outside their electoral districts to send in their votes.

Mr. Chairman, this concludes the committee's comments and our review of Bill 23. We appreciate the Ministers concurrence by accepting amendments proposed by the committee. Any further concerns or questions that Members may have will be addressed by them as we review the bill in committee of the whole. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Erasmus. I now invite the Minister, Mr. Ng, to have witnesses present.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Yes, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Does the committee agree? Thank you. I would like to have Mr. Ng introduce the witnesses please.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. To my left David Hamilton, Clerk of the Assembly. To my right Mark Aitken, director of legislation, Department of Justice. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, and welcome to the committee. The floor is now open for general comments from Members. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. I have been involved in the last couple of days, reviewing this legislation. As I indicated in the House, a number of days ago, I was going to be very vigilant and carefully scrutinize this legislation to make sure it addressed the concerns that I had experienced as a result of the last election in Thebacha. I am pleased to say that I think this is a very good piece of legislation, overdue, but a good piece. I think the many months of hard work of pulling this together should be commended. In an ideal situation, my opinion is of course that proxies are not necessary. However, I think what is in this legislation is a good compromise that the case was made by Members in other constituencies justifying the need for proxies and though everyone recognized the need to tighten it up which has been done. As well it is very important that we clarify the authorities in the Election Act in who is in charge, who resolves disputes, and who responds to complaints so that we will never have the confusion of the RCMP tripping over the CEO who is tripping over himself. So that issue as well has been dealt with and I think in an effective way. Above all we are finally going to have northern control over northern elections. I think that is an important step. It is not actually part of this legislation, but it is tied to this legislation. I am very happy that this bill is coming forward before we prorogue this session. I think it is a good step for the north and I will be fully supporting this bill. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Miltenberger. Any further general comments or questions on the bill? If no further comments are we prepared to go clause by clause?

Agreed? Thank you. Bill 23, An Act to Amend the Elections Act. Agreed?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Page 1, clause 1. Agreed?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you. Clause 2. Agreed?