Mr. Speaker, I seek unanimous consent to go back on the orders of the day to item 5.

---Unanimous consent granted

The honourable Member for Sahtu, Mr. Yakeleya.

Thank you, Mr. Speaker. Thank you, colleagues. Mr. Speaker, I’d like to recognize the Deline Land Claim Corporation president, Mr. Peter Menacho, from Deline visiting us.

Thank you, Mr. Yakeleya. Welcome everyone in the gallery today. I will now recognize Elaine Keenan-Bengts. We will be introducing her a little bit later on when we table her report. Item 8, written questions. The honourable Member for Sahtu, Mr. Yakeleya.

Thank you, Mr. Speaker. My questions are for the Premier.

1. Can the Premier identify the federal resource

revenue from non-renewable resource

development in the NWT in the previous 10 years by the following categories: Norman Wells project profits, oil and gas leases and royalties, quarrying royalties, and resource revenues?

2. Can the Premier identify the NWT corporate,

property and fuel tax revenues received directly from resources companies in the previous 10 years?

3. Can the Premier provide an update about the

status of resource revenue sharing discussions, both in terms of activities with northern aboriginal stakeholders and the Government of Canada?

Thank you, Mr. Yakeleya. The honourable Member for Kam Lake, Mr. Ramsay.

My questions are for the Minister of Industry, Tourism and Investment.

1. Are

Industry,

Tourism and Investment agents

working closely with Business Development Investment Corporation to help promote BDIC programs in the regions, according to the service agreement established with Industry, Tourism and Investment?

2. From April 1, 2008, to present, what is the

number and total dollar amount of BDIC loans processed by ITI and approved in accordance

with the agreement for services in the current fiscal year?

3. What are the BDIC loan balances for March

31st as of 2006, 2007, and 2008?

Thank you, Mr. Ramsay. Item 9, returns to written questions. Item 10, replies to opening address. Item 11, petitions. Item 12, reports of standing and special committees. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker. Your Standing Committee on Rules and Procedures is pleased to provide its report on the review of the report of the Chief Electoral Officer on the Administration of the 2007 Election and commends it to the House.

1. Introduction

The Chief Electoral Officer of the NWT is required to table a report on the administration of the general election in 2007. That report was tabled on May 29th, 2008.

The Standing Committee on Rules and Procedures is tasked with the responsibility to review the report and make recommendations to the Members of the Legislative Assembly. The standing committee met with the NWT Chief Electoral Officer at a public meeting on December 15, 2008. The standing committee also asked all candidates, electoral officers and MLAs to provide their views. This public discussion and consideration of views supports the Legislative Assembly in its desire to continually improve the processes used to administer territorial elections.

2. Submissions From The Candidates And

Official Agents

The standing committee invited all returning officers, official agents, and all candidates to review the report of the Chief Electoral Officer and to identify any concerns or comments about the administration of the election. Six persons, excluding MLAs, responded and identified the following concerns.

•

Some communities -- those in electoral districts with more than one community -- did not have a returning officer in their community. This

meant that the community residents were not able to vote in the office of the returning officer, known as early voting, and some people were concerned that this seemed unfair.

•

The office hours for the returning officer were not effectively communicated.

•

There were not enough special mobile polls.

•

The special ballot process is too complicated and too slow.

•

Candidates are not required to be residents of the electoral district.

•

The legislation permits candidates to assist

voters at the voting booth with voting and this does not seem to be fair. Friends may assist and some see this as unfair.

•

The rules about signage are unclear and

inconsistently enforced.

•

There were not enough communications

activities and information materials from the Chief Electoral Officer.

•

There were issues related to the location of signs and campaign activities.

•

MLAs should not have preferred access to the voters’ list.

•

Old campaign material, such as signs, which are re-used are in another election should be assigned a monetary value.

•

There were concerns that each voter’s

residency in the electoral district was not confirmed because it is not clearly required in the legislation.

•

There were concerns that the voter

identification processes were not consistently applied.

The submissions from the candidates and official agents are attached in Appendix A.

3. Members’

Concerns

All MLAs were invited to a meeting to discuss the report of the Chief Electoral Officer. Mr. Krutko, Mr. Jacobson, Mr. Yakeleya, Mr. Ramsay, Mr. Abernethy, Mr. Lafferty, and Mr. Bromley attended in addition to the regular committee members. This section provides a brief overview of the concerns discussed by Members.

Electoral Officials

•

Requiring the electoral officials to be

resident in the electoral district has limited hiring options unnecessarily.

Early Voting Opportunities/Unequal Access

to Early Voting

•

There was disappointment that some

candidates did not have a returning officer located in the community and, therefore, did not have early voting opportunities other than an advance poll.

•

In some communities the office hours of the returning officer were not clear to community residents.

•

In some communities access to the office of the returning officer was not barrier-free.

•

Candidates’ agents were not permitted to witness the votes or the counting of early votes.

Student Voting/Special Ballots

•

There were some people who did not

understand the process and could not easily find the instructions.

•

There were some mail-in, special ballots which were not counted for a variety of reasons.

•

Special ballots required the use of mail services, which are too slow for a short election period.

Signage - Labelling And Locations

•

There were irritations about the

requirements to relocate signage which was placed near polling stations and/or office of the returning officer, especially when the signage was located before the polling location and/or office of the returning officer had been determined.

•

There was concern that Elections NWT did not communicate clearly and consistently about signage rules to all candidates well in advance.

•

There was concern that Elections NWT only responded to complaints and did not assume a more active role in enforcement activities.

Mobile Polls

•

Mobile polls are appreciated and their use should be increased. Members suggested

that mobile polls should be used at the mine sites.

Voters’ List

•

The list had too many inaccuracies, even after revisions.

•

The list was not provided to candidates in a useable format.

Criminal Records Checks

•

There was concern that some candidates had a criminal record. This did not affect their eligibility to be a candidate because the law does not disqualify them.

Residency Of Voters

•

Most Members were satisfied with the

existing one-year residency requirement and did not want change.

Voter Identification

•

There were concerns about the amount of time it takes to administer the oath for electors who were not on the list, especially when there are a large number of these voters.

•

Some Members suggested that, at some point, voter identification should be required for every voter, such as at enumeration or at the polling station.

•

There were concerns that each voter’s

residency in the electoral district was not confirmed because it is not required in the legislation.

•

There were concerns that the voter

identification processes were not consistently applied.

Reporting Of Expenses

•

Some Members wanted signs from

previous elections to be given a monetary value.

•

Some Members wanted to be able to incur official expenses before the start of the election period.

Enforcement Issues

•

Members expressed concerns about the difficulties related to enforcement.

•

Some candidates have not yet filed their expense reports and there are no consequences.

•

Elections NWT seemed unable to

thoroughly investigate complaints.

Access To Apartments And Condo

Buildings

•

Members wanted to see improvements to the candidates’ access to these buildings, which often remained limited even after the Chief Electoral Officer notified the building owners about their obligations.

Candidates Assisting At The Polls

•

Some Members consider that candidates should be prohibited from assisting voters at the booth because many people perceive this as unfair.

Communications/Information From The

Elections Office

•

Members were concerned that communications and information from Elections NWT was not proactive and consistent. An example of this included the lack of clear direction provided to apartment building owners. Another example is the lack of clear direction provided about the requirements for identifying sponsorship information on signage.

•

Members were concerned that returning officers need better training and information resources.

•

Some Members indicated that there was poor organization at some polling stations which minimized the privacy of the booths.

•

Some Members wanted improved

communications with voters about their electoral district designation, especially if there are changes.

Elections Night Reporting

•

Members want accurate results on

election night to be reported more quickly than was done on the 2007 election night.

At this time I’d now like to pass the reading of the report on to the deputy chair, which is Mr. Kevin Menicoche, the Member for Nahendeh.

Thank you, Mr. Hawkins. The honourable Member for Nahendeh, Mr. Menicoche.

Thank you very much, Mr. Speaker.

4. Review Of The Recommendations From The

Chief Electoral Officer

On December 15, 2008, the Members of the standing committee met with Ms. Saundra Arberry, Chief Electoral Officer, and Patrick Orr, legal counsel for Elections NWT. The Members of the standing committee reviewed the report of the Chief Electoral Officer. The Chief Electoral Officer’s report identified recommendations for amending the Elections and Plebiscites Act. That report describes the recommendations thoroughly. The standing committee considered that advice and has determined its recommendations as follows. The Chief Electoral Officer’s recommendations are described very briefly.

1. Campaigning

a) The prohibition of campaigning within

100 metres of a polling station causes confusion.

•

The distance is large and can

include nearby homes and floors above and below.

•

It does not apply to the office of the returning officer.

•

Sometimes offices and polling

stations are located after candidates’ offices are established and signs are placed.

The Chief Electoral Officer recommended that a 25 metre prohibition apply to campaigning near polling stations and the office of the returning officer, and that the Chief Electoral Officer be authorized to make exceptions.

The standing committee agrees.

b)

The Chief Electoral Officer recommended that the requirements in the law for identifying sponsorship on signs be clarified.

The standing committee agrees that the act should be amended to clarify that the wording has to be visible and legible, and also recommends that the actual wording should be identified in legislation.

c)

The Chief Electoral Officer recommended that the Chief Electoral Officer should have the authority to remove illegal campaign materials and be able to charge those costs to

the candidates who failed to remove the material.

The standing committee agrees that the Chief Electoral Officer should have the authority to remove illegal materials. The standing committee has recommended that additional research on enforcement be undertaken before it can consider a recommendation to charge costs to candidates.

d)

The Chief Electoral Officer recommended that the obligations of owners and managers of multiple dwelling buildings be strengthened to clarify the obligations in order to increase candidates’ access.

The standing committee agrees with this recommendation.

2. Illegal Practices And Corrupt Practices

a)

The Chief Electoral Officer recommended that references to “illegal and corrupt practices” should be referred to as “election offences.”

The standing committee agrees.

b)

The Chief Electoral Officer recommends that the act should be amended to provide a standard disqualification period of five years from the date of conviction for a candidate with a conviction under this act. This recommendation is based on a review of case law.

The standing committee agrees.

c)

The Chief Electoral Officer recommended that the existing voter disqualification for convictions related to elections offences in Canada be removed. The Chief Electoral Officer also recommended that candidate disqualification be based on convictions for elections offences related to the NWT elections legislation, not other elections offences in Canada.

The standing committee agrees that the voter disqualification clauses should be removed.

The standing committee has asked for additional research to be undertaken into whether criminal convictions can disqualify a candidate.

3. Residency

Requirements

a)

The Chief Electoral Officer recommended that the residency requirement be reduced to three months.

The standing committee does not support a change to the residency requirements.

4. Polling

Stations

a)

The Chief Electoral Officer recommended that a designate of the Chief Electoral Officer should be able to be present at a polling station and/or recount.

The standing committee agrees.

b)

The Chief Electoral Officer recommended that only one person representing the candidate or the candidate may remain at a polling station or be present during the count.

The standing committee recommends that the candidate should not be permitted to attend at a polling station, except briefly. The standing committee agrees with the CEO’s recommendation that during the count only one person representing the candidate or the candidate may be present.

c)

The Chief Electoral Officer recommended that candidates take the same oath as polling agents when attending a poll.

The standing committee has recommended that candidates be permitted to attend a poll only briefly, as in Alberta’s Elections Act.

5. Chief Electoral Officer

a)

The Chief Electoral Officer recommends that the term of appointment for the Chief Electoral Officer should increase from four to seven years.

The standing committee recommends that the four-year term remain unchanged. This includes the authority to extend the term up to six months after the term has finished and the authority to reappoint.

b)

The Chief Electoral Officer recommended that the Chief Electoral Officer should have the right to vote.

The standing committee agrees.

6. Privacy Of Voter Information

a)

The Chief Electoral Officer recommended that the clause in the law which requires a written record in the polling book for electors who decline a ballot should be removed.

The standing committee agrees.

7. Nomination

Papers

A.

The Chief Electoral Officer recommended that the nominating process be replaced with a simple declaration and oath.

The standing committee does not agree with this change and recommends no changes be made to this process.

8. Voting

Opportunities

a)

The Chief Electoral Officer recommended that the Chief Electoral Officer be permitted to establish mobile polls in a wider variety of situations.

The standing committee agrees.

b)

The Chief Electoral Officer recommends that the clause in the act be amended so that only the Chief Electoral Officer has the authority to establish an advance poll.

The standing committee agrees.

9. Financial

a)

The Chief Electoral Officer recommends that the financial reporting status of the elected Members, not all candidates, be reported to the Clerk of the Legislative Assembly.

The standing committee agrees.

b)

The Chief Electoral Officer recommends that the financial reporting requirements need a civil remedy in addition to prosecution powers already provided.

The standing committee has recommended that additional

research on enforcement be undertaken before it can consider a recommendation to establish a civil remedy.

10. Housekeeping Amendments

A.

The Chief Electoral Officer recommended a number of minor housekeeping amendments.

The standing committee agrees with a consideration of these housekeeping amendments by the legislative drafter.

I’d like to turn the report over to my colleague Ms. Wendy Bisaro for continued reading.

Thank you, Mr. Menicoche. The honourable Member for Frame Lake, Ms. Bisaro.

Recommendations

1. That the Elections and Plebiscites Act be amended to refer to both “illegal practices” and “corrupt practices” as “election offences.”

2. That the Elections and Plebiscites Act be amended to provide a disqualification period of five years from the date of conviction for a candidate with a conviction under this act.

3. That the Elections and Plebiscites Act be amended to remove the voter disqualification for convictions related to election offences in other jurisdictions.

4. That the Elections and Plebiscites Act be amended to permit a designate of the Chief Electoral Officer to be present at a polling station and/or recount.

5. That the Elections and Plebiscites Act be amended to permit only one person representing the candidate or the candidate to be present during the count.

6. That the Elections and Plebiscites Act be amended to restrict the attendance of a candidate at a polling station except to vote and for brief visits during polling hours.

7. That the Elections and Plebiscites Act be amended to permit the Chief Electoral Officer to vote.

8. That the Elections and Plebiscites Act be amended to remove the requirement for a written record in the polling book for electors who decline a ballot.

9. That the Elections and Plebiscites Act be

amended to permit mobile polls in a wider variety of situations.

10. That the Elections and Plebiscites Act be amended to allow that only the Chief Electoral Officer has the authority to establish an advance poll.

11. That the Elections and Plebiscites Act be amended to direct that the financial reporting status of only the elected Members, not all candidates, be reported to the Clerk of the Legislative Assembly.

12. That the housekeeping amendments, which are identified by the Chief Electoral Officer on pages 22 and 23 of the report of the Chief Electoral Officer, be considered by the legislative drafter during the preparation of the other amendments.

5. Committee Recommendations

This section identifies the recommendations of the standing committee. The recommendations are organized in three sections: direction to the Chief Electoral Officer, direction for amendments to the Elections and Plebiscites Act, and topics that require additional work before direction can be established.

1. The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer should:

• Improve the reporting of results on elections night, so that the elections results are accurate and released in a timely fashion. Further, the standing committee recommends that the Chief Electoral Officer should report back to the committee before the end of 2009 about the changes in policies and procedures that will be made to ensure the needed improvements.

• Improve the communications from Elections NWT, for topics such as:

o employers’ obligations;

o multiple residency buildings;

o office hours;

o special ballots;

o mobile polls; and

o signage requirements.

The standing committee recommends that communications need to be clear and consistent. More information needs to be available, including information about:

o

how to make a complaint;

o

what happens to a complaint;

o

the consequences of violating the Elections and Plebiscites Act; and

o

decisions and direction of the chief electoral officer that all affected candidates need to have.

• Improve the performance of returning officers and other officials through training.

• Increase the number of locations which have opportunities for early voting.

• Increase the use of mobile polls such as at mine sites.

Recommendations

13. The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer improve the reporting of results on election night to ensure that the elections results are accurate and released in a timely fashion.

Further, the standing committee recommends that the Chief Electoral Officer should report back to the committee before the end of 2009 about the changes in Elections NWT policies and procedures that will be made to ensure the needed improvements.

14. The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer improve and clarify the communications from Elections NWT for topics such as: employer’s obligations, access to multiple residency buildings, office hours of Elections NWT offices, special ballots, mobile polls, and signage requirements.

Further, the standing committee recommends that clear and consistent information be available to all candidates and the public concerning the initiation of a complaint, what happens to a complaint, and the consequences of violating the Elections and Plebiscites Act and the decisions and direction from the Chief Electoral Officer.

15. The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer work to improve the performance of returning officers and other officials through training.

16. The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer increase the number of locations which have opportunities for early voting and increase the use of mobile polls such as at the mine sites.

Mr. Speaker, I would now like to turn the reading of the report over to my standing committee colleague Minister Robert R. McLeod.

2. The Standing Committee on Rules and Procedures recommends that amendments to the Elections and Plebiscites Act are needed:

• To establish very clear requirements about signage and location of campaign activities.

o The distance of signs from the polling station and office of the returning officer would be the same, would be measured from the front door of the building and would be 25 m. The Chief Electoral Officer would have the authority to make exemptions.

o Campaign activities would similarly not be permitted.

o The exact words that would be required on campaign material could be identified in the law.

• To give the Chief Electoral Officer the authority to provide the voters’ list in a digital format, that can be manipulated, to all candidates.

o The authority for the Chief Electoral Officer to do this would be established in law to make it certain that it is permitted.

o The authority to provide the voters’ list to MLAs after the election period would be modified or deleted to minimize the appearance of preferential treatment.

• To permit the Chief Electoral Officer to collect information from certain key sources, such as the NWT Health Care Plan registrations list.

o The accuracy of the voters’ list could be improved without significantly increasing costs.

o The ability to acquire the NWT Health Care Plan list could be identified in law. This is the way the juror’s list is now established.

o The ability to acquire the student financial assistance student list could also be identified in law.

o These changes would also require supporting amendments to the Medical Care Act and the Student Financial Assistance Act.

• To remove the requirement that returning officers and other officials must be residents in the electoral district.

o By practice, appointing a resident would be beneficial, but it is not always possible.

• To establish and accelerate the voter identification processes at the polls.

o The use of “vouching” for voters could apply only in certain communities -- smaller NWT communities, where there are fewer transients. Returning officers in other communities would have to confirm all voters’ identification proving citizenship and residency in the electoral district. The types of acceptable identification documents could be identified in the law or its regulations.

• To prohibit the candidate from attending a polling station, except to vote.

• To prohibit candidates and any of their agents at that station from assisting voters in the voting booth.

o This would still leave friends or family who are not candidates’ agents at that station able to assist.

• To permit candidates’ agents to be present at the count of the early votes.

• To make the process for special ballots less complicated and faster.

o It could also permit students who are outside their district attending school to have the option of voting in that school electoral district or in their home electoral district.

o Additional research will be undertaken to identify specific solutions that could be considered.

Recommendations

17. That the Elections and Plebiscites Act be amended to establish detailed requirements about signage and location of campaign activities as follows:

(a) Signs and campaigning activities are to be prohibited within 25 metres of the front door of the polling station or the office of the returning officer.

(b) The Chief Electoral Officer is to have the authority to make exemptions from this requirement.

18. That the Elections and Plebiscites Act be amended to identify the exact wording regarding sponsorship which will be recorded on campaign material and the requirements for eligibility relating to size and location of the information on the materials.

19. That the Elections and Plebiscites Act be amended to give the Chief Electoral Officer the authority to provide the voters’ list in a digital format, which can be manipulated, to all candidates and to the elected candidates and MLAS immediately after the election period.

20. That the Elections and Plebiscites Act be amended to permit the Chief Electoral Officer to collect information from the NWT Health Care Plan registrations list and the student financial assistance student list. Further, that the Medical Care Act and the Student Financial Assistance Act be amended to support these changes.

21. That the Elections and Plebiscites Act be amended to remove the requirement that returning officers and other officials must be residents in the electoral district.

22. That the Elections and Plebiscites Act be

amended to establish a detailed voter identification process to be used at polling stations in NWT communities with the exception of certain designated small communities.

23. That the Elections and Plebiscites Act be amended to prohibit candidates and any other agents from assisting voters in the voting booth.

24. That the Elections and Plebiscites Act be amended to permit the attendance of candidates’ agents at the count of the early and advanced votes.

25. That the Elections and Plebiscites Act be amended to make the process for a special ballots list complicated, including permitting students who are outside their district attending school in the NWT to have the option of voting in that school electoral district or in their home electoral district.

Mr. Speaker, I will return this to Mr. Robert Hawkins, MLA, Yellowknife Centre.

Mr. Speaker, finally...

3. The Standing Committee on Rules and Procedures will return with additional recommendations after its review and research for the following three topics. This work will be reviewed with Members before September, 2009.

• Options for criminal records check for the candidates will be examined. This topic raises significant Charter of Rights and Freedoms issues and needs to be carefully considered to understand what the limitations and options are.

• Additional research to identify specific solutions to improving a special ballot process will be undertaken.

• Options for improving enforcement will be considered. It may be possible to make amendments so that some simpler enforcement methods can be included such as civil and administrative penalties such as fines, warnings, et cetera. This will take additional research.

Mr. Speaker, any changes also need to include a consideration of requirements for public reporting about enforcing and compliance activities.

Mr. Speaker, that concludes the Report of the Standing Committee on Rules and Procedures on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election. Therefore I move, seconded by the honourable Member for Nahendeh, that Committee Report 4-16(3) be received by the Assembly and moved into

the Committee of the Whole for consideration. Thank you, Mr. Speaker.

Thank you, Mr. Hawkins. I will ask you to change the seconder to your motion. Thank you, Mr. Hawkins. The motion is on the floor. The motion is in order.

---Carried

The honourable Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker. Mr. Speaker, I also seek unanimous consent to waive Rule 93(4) and have Committee Report 4-16(3) moved into Committee of the Whole for consideration today. Thank you, Mr. Speaker.

---Unanimous consent granted

Item 12, reports of standing and special committees. Item 13, reports of committees on the review of bills. Item 14, tabling of documents. The honourable Minister responsible for the NWT Power Corporation, Mr. Roland.

Thank you, Mr. Speaker. I wish to table the following document entitled Northwest Territories Power Corporation 2007-2008 Annual Report. Thank you, Mr. Speaker.

Thank you, Mr. Roland. Tabling of documents. The honourable Minister of Finance, Mr. Miltenberger.

Thank you, Mr. Speaker. I wish to table the following document entitled List of Interactivity Transfers Exceeding $250,000 for the Period April 1, 2008, to December 31, 2008. Thank you.

Thank you, Mr. Miltenberger. Tabling of documents. The honourable Minister of Environment and Natural Resources, Mr. Miltenberger.

Thank you, Mr. Speaker. I wish to table the following document entitled Barren-Ground Caribou in the Northwest Territories: An Independent Peer Review. Thank you, Mr. Speaker.