This is page numbers 2581 – 2616 of the Hansard for the 17th 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 report.

Topics

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Speaker. I want to just follow up from the last answer that I received from the Premier on my previous set of questions. I appreciate the Premier’s commitment to vet things through committee before they come out into the public, so to speak. I appreciate that the Premier doesn’t want to get ahead of our processes or protocols.

I’d like to ask the Premier, there was a messenger service message which came with his name on the bottom of it on this Monday, March 11th , which

stated, to prepare for the integration of transferring programs, our organizational structure will undergo some changes. It then laid out the departments that we are likely to see some changes in.

Can the Premier explain to me why this messenger service comes out and yet we have to wait for committee to provide input?

The Speaker

The Speaker Jackie Jacobson

Thank you, Ms. Bisaro. The honourable Premier, Mr. McLeod.

Bob McLeod

Bob McLeod Premier

Maybe the Member could clarify. First there’s not enough information, now she’s saying there’s too much information going out. We want to make sure that we do this properly and we will commit… We had talked to the Members about those departments and we’re waiting for feedback.

Wendy Bisaro

Wendy Bisaro Frame Lake

If the Premier wants to think that I am conflicted that’s fine, he can think that. I don’t understand how we can have the information coming to a messenger service which goes to all GNWT employees and not consider that to be in the public realm. If it is already in the public realm. Can the Premier tell me what our new department structure will look like after April 1, 2014?

Bob McLeod

Bob McLeod Premier

I’m quite prepared to do that, if committee obviously agrees with that, that they want me to go out and make these announcements to the public before I get feedback from them. In an abundance of caution, I will wait until I hear back from committee.

Wendy Bisaro

Wendy Bisaro Frame Lake

I guess my last question to the Premier is: Is a messenger service message that goes to every GNWT employee’s e-mail not considered public?

Bob McLeod

Bob McLeod Premier

I would consider that as internal to the Government of the Northwest Territories. Every employee swears an oath of office and we consider it on that basis.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. McLeod. Item 8, written questions. Item 9, returns to written questions. Item 10, replies to opening address. Item 11, petitions. Item 12, reports of standing and special committees. Mr. Bromley.

Bob Bromley

Bob Bromley Weledeh

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 2011 Election and commends it to the House.

Introduction

The report of the Chief Electoral Officer of the Northwest Territories on the administration of the 2011 election was tabled in the Legislative Assembly on June 14, 2012. The Standing Committee on Rules and Procedures is tasked with the responsibility to review the report and make recommendations to the Legislative Assembly.

The standing committee wrote all candidates, official agents and returning officers who participated in the 2011 election, inviting them to appear before the committee at a public hearing on the Chief Electoral Officer’s (CEO) report and to provide written submissions to the committee. The committee also invited all Members of the Legislative Assembly to a meeting to discuss the CEO’s report on December 5, 2012. The committee’s public hearing with the CEO took place on January 23, 2013. At the meeting three witnesses, in addition to the CEO, made presentations to the committee. One individual also provided a written response to the committee’s letter. The committee would like to thank the CEO and all those who provided their comments on the report.Concerns and Issues Discussed during the Standing Committee’s Review Process A number of concerns and issues were discussed during committee’s review process. The committee wishes to highlight the following matters.

Voters List

The committee heard a number of concerns about substantial inaccuracies in the voters lists. For example, the list not only emits a number of eligible voters, but also includes may people who no longer live at the addresses where they are registered and, most unfortunately, a number of people who are deceased. These inaccuracies impact the electoral process, and also create the appearance that voter turnout is lower than it actually is because the list includes the names of so many people who are not actually eligible voters in the electoral districts where they are registered.

During the public hearing, the CEO recognized the serious problems with the voters lists and advised committee of multiple measures underway to revise it. The committee was pleased to hear that, as a result of these measures, several thousand changes have already been made. The committee accepts the CEO’s view that a general enumeration is not the most effective way to bring the list up to date, although targeted enumerations may be required for some areas. As candidates are very familiar with the eligible voters in their electoral districts, the committee suggests that the CEO consider ways to take advantage of this expertise, perhaps shortly following each election, if this can be done without creating any perception of conflict of interest or bias.

Committee members also noted that voters lists were not made available to candidates in a consistent format. In some cases the lists were provided in hard copy, and in other cases they were provided electronically. The committee recommends that the office of the CEO should make voters lists available to candidates sooner and in a standard electronic format, such as an Excel spreadsheet, which can be manipulated.

Voter Identification Requirements

The committee heard concerns that the new voter identification requirements, which mirror the requirements for federal elections, did in some cases discourage qualified voters from voting. The requirements do seem somewhat excessive, particularly in our smaller communities where we all know each other. During the public hearing, the CEO conceded that federal requirements may be stricter than what is needed in the Northwest Territories to protect the electoral process, and offered to research the issue further and return with recommendations for improvements at the Assembly’s direction. The committee agrees with the CEO’s proposed approach.

Citizen Engagement

The committee is not convinced that citizen engagement is as low as the voter turnout numbers reported in some electoral districts suggest. As stated earlier, inaccuracies in the voters list created

the appearance of a much larger number of eligible voters than actually existed. Difficulties with voter registration and identification, and limitations on voting opportunities for some voters may also have discouraged some eligible voters from voting. Some of the recommendations for amendments to the act outlined later in this report will help to address these issues. However, the committee would be supportive of efforts to promote civic engagement in youth and a lifelong habit of voting through enhanced curriculum content.

Training

The committee heard of some instances where elections officers seemed uncertain of how to carry out their responsibilities. The committee was therefore pleased to hear of the CEO’s planned initiatives to enhance training of election officers prior to the next election.

Social Media

The use of social media, such as Facebook, raised some concerns during the recent campaign because it is highly influential, yet does not provide a way to respond to or correct misinformation. Social media is difficult if not impossible to regulate, not least because comments of concern are often posted by candidates’ supporters and are beyond candidates’ control. The committee recommends the CEO monitor any developments on the use of social media in election campaigns in other jurisdictions, and consider developing guidelines to assist candidates and their teams.

At this point I would like to turn it over to my colleague Mr. Abernethy, through you.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Bromley. Mr. Abernethy.

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Speaker. I’d like to thank my colleague Mr. Bromley for bringing us to this point in the report.

Reused Signage

The committee heard a number of concerns about the valuation of signs reused from previous election campaigns. The committee believes it is unfair to value reused signs at their full cost for the purposes of calculating campaign expenses. Instead, reused signs should be valuated using a consistent standard based on accounting principles that reflect depreciated value.

Location of Polling Stations

The committee heard that some polling stations, particularly in the city of Yellowknife, were not as clearly identified as they could have been, and that some people were unsure of where they should go to vote. While the committee is aware that this information is available on the CEO’s website and elsewhere, more prominent signage identifying the location of polling stations would be helpful.

Government Advertising

The Legislative Assembly already places restrictions on advertising activities by Members during election years. However, there are no similar restrictions on government advertising. Government ads that feature Cabinet Members may be seen as conferring an unfair advantage. During the public hearing, the CEO advised that other jurisdictions have put in place some restrictions on government advertising during election periods. The committee recommends that the government review practices in other jurisdictions and develop appropriate guidelines for election year advertising.

Review of the CEO’s Recommendations

The CEO’s report includes 25 recommendations for amendments to the Elections and Plebiscites Act (the Act) and other changes to improve electoral processes. These recommendations are described thoroughly in the CEO’s report. For the purposes of this report, the CEO’s recommendations are described only briefly.

Polling Day

Polling day is currently the first Monday of October. In his report, the CEO suggested that having polling day on a Monday presents challenges for election administration and candidates, and may impede voter turnout. The CEO recommended that polling day be changed to a Saturday, or a day later in the week than Monday, or be declared a holiday.

In the absence of data supporting the argument that voter turnout is lower on Mondays, the standing committee is not prepared to support this recommendation at this time. However, the committee is agreeable to the CEO undertaking further research on this topic and providing the results to the committee at a later date.

Preliminary List of Electors

Under existing legislation, the preliminary list of electors is only available to voters at the office of the returning officer. Municipal voters lists are made available in more places, which makes it easier for electors to check whether they are registered and to provide any necessary corrections before the final voters list. The CEO recommends that the Act be amended to enable the CEO, during an election campaign, to communicate the contents of the list of electors to the public using the best available means. The standing committee agrees.Striking Names from the Preliminary List of Electors The CEO recommends the Act be amended to enable returning officers to strike names from the preliminary list of electors in cases where the returning officer is certain a person is no longer resident in the electoral district. The Act would also be amended to require the returning officer to post the names of persons struck from the list and to

update it daily during the revision period. The standing committee agrees.

Prohibition on Broadcasting

The CEO recommends repealing Section 104 of the Act, which prohibits broadcasting to promote or oppose a candidate’s election on election day and the day before. The standing committee disagrees. The committee does, however, appreciate the difficulties of interpreting the term “broadcasting.” The committee therefore recommends that the CEO undertake further research on possible definitions for “broadcasting” that would make the term clearer, and provide the results of that research to the committee.

Voting by Special Ballot

The CEO recommends amending the Act to change the period for mail-in ballots by enabling an elector to apply to the CEO to vote by special ballot up to two weeks before the issue of the writ for an electoral district continuing until the 10th day before

polling day, and to change the Act so that the CEO does not provide special ballots until after the close of the nomination period. The standing committee agrees.

Advance Poll

The CEO recommends repealing the Act’s provisions for advance polls, and that the CEO be directed to return to the Assembly with detailed recommendations to establish a new special voting opportunity for communities without a resident returning officer, similar to voting in the office of the returning officer. The standing committee agrees with directing the CEO to return with detailed recommendations for a new special voting opportunity for communities with fewer than 500 residents, but disagrees with eliminating advance polls in communities with 500 residents or more, as they seem to be working there.

Thank you, Mr. Speaker. I’d like to pass on the continued reading of the report to my colleague Mrs. Groenewegen.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Abernethy. Mrs. Groenewegen.

Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Speaker.

Campaign Finance

The CEO recommends that the standing committee propose a set of principles to be reflected in the campaign finance provisions of the Act and direct the CEO to return to the Assembly with detailed recommendations to amend Part 9 of the Act. The committee agrees with this recommendation, however, recommends that the CEO undertake further research on other jurisdictions’ approaches to campaign finance and provide the results of that research to the committee in order to assist the committee in developing a set of proposed principles.

Offences

The CEO recommends that the Act be amended to make threatening a candidate and impersonating an election officer an offence. The standing committee agrees.

Tariff of Fees Regulations

The CEO recommends that the Legislative Assembly support in principle that the CEO will recommend to the Commissioner a restructured Tariff of Fees Regulations to reflect the rebalancing of duties between election officers and to remunerate election officers for the completion of specific assignments. The standing committee agrees in principle that the regulations should be amended, but recommends that the CEO provide the draft regulations to the committee for comment before recommending them to the Commissioner.

Registration of Incarcerated Electors

In order to facilitate voter registration of incarcerated persons, the CEO recommends that the Act be amended to require the deputy minister of Justice, at the request of the CEO, to provide the names and addresses of inmates who are residents of the Northwest Territories on a date specified and who have or who will have attained the age of 18 years on a date specified. The standing committee agrees.

Define ‘Sponsor’

The CEO recommends defining the term “sponsor” in the Act and proposes to work with legislative drafters to define the term “sponsor” as being: the person or organization that pays for, provides, or incurs the costs of the campaign material bearing the identification. The standing committee agrees, and further recommends that the CEO be directed to develop a consistent phrase to be used to identify sponsors on campaign material and include that in guidelines for candidates.

Mobile Poll Administration

Currently, only returning officers can conduct mobile polls, which limits capacity to deliver this service. The CEO recommends amending the Act to allow all elections officers to conduct mobile polls. The standing committee agrees.

Vouching

The CEO recommends that the Act be amended so that a person vouching for an elector without sufficient identification need only reside in the same electoral district, rather than in the same polling division. The standing committee agrees.

Nomination Papers as Public Records

The CEO recommends that the Act be amended to add candidate nomination papers to the list of public records that may be inspected during office hours at the OCEO. The CEO also proposes to convey through guides and other publications that

nomination papers are public records and that, during the campaign period, nomination papers may be inspected in the office of the returning officer; further, during the nomination period, the CEO proposes to convey to the public an unofficial list of who has been nominated and how many people have been nominated across the territory. The standing committee agrees.

Investigative Powers of CEO

The CEO recommends amending the Act to grant the CEO the same enforcement powers as a board of inquiry under the Public Inquiries Act. While the standing committee agrees that the CEO may need broader enforcement powers than currently exist in the Act, Members are concerned that the proposed amendment may make those powers too sweeping. The committee instead recommends that the CEO return to the committee with recommendations for additional specific enforcement powers and substantiation of the need for those powers.Deputy Minister to Grant Leave - Public Service Act The CEO recommends that the Public Service Act be amended so that the authority to grant leave to an employee who wishes to seek nomination to be a candidate resides with the deputy minister accountable for the administration of that Act rather than with the Minister. The Standing Committee agrees.

Housekeeping Amendments

On pages 42 to 45 of this report, the CEO proposes nine housekeeping amendments to the Act. The Standing Committee agrees with all of the proposed amendments, with the exception of recommendation 21 on the 25 metre voting rule.

The CEO recommends that the 25 metre restriction on campaigning outside of advance polling stations and election day polling stations be extended to all voting opportunities.

While the committee understands the concern about the potential for campaigning activities near other voting opportunities, Members are concerned that the proposed amendment would be difficult to enforce and would result in many inadvertent breaches of the Act. For example, a person with a candidate sign in the window of their vehicle could be committing an offence if they parked on the street outside the office of the returning officer. These offices are frequently in community buildings that house many other agencies and businesses. To expect anyone with a campaign sign on their vehicle to avoid parking in front of such buildings for an entire election period seems unduly onerous. The committee therefore disagrees with the CEO’s recommendation.

I’d now like to turn the floor over to Mr. Hawkins for the continuation of the reading of the report.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mrs. Groenewegen. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mrs. Groenewegen. I am reading the recommendations.

Recommendation 1

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer make voter lists available to candidates in a more timely manner, and in a standard electronic format which can be manipulated.

Recommendation 2

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer undertake research on voter identification requirements, and report back to the committee with options for amending the current requirements to make them more appropriate for NWT communities.

Recommendation 3

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer monitor developments on the use of social media during election campaigns in other jurisdictions, and consider developing guidelines to assist candidates and their teams before the next general election.

Recommendation 4

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer develop a standard, based on accounting principles that reflects depreciated value for calculating the value of campaign expenses for signs that are reused from previous elections.

Recommendation 5

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer ensure that for the next general election there is improved signage to clearly identifying the location of polling stations.

Recommendation 6

The Standing Committee on Rules and Procedures recommends that the government review practices in other jurisdictions concerning government advertising during election campaigns, and develop appropriate guidelines for election year advertising by the end of 2014.

Recommendation 7

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer undertake research on the relationship between voter turnout and the day of the week on which elections take place, and

report back to the committee with the results of that research.

Recommendation 8

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to enable the Chief Electoral Officer to communicate, during an election of a campaign, the contents of the list of electors to the public using the best available means.

Recommendation 9

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to enable returning officers to strike names from the preliminary list of electors in cases where the returning officer is certain a person is no longer resident in the electoral district; and to require the returning officer to post the names of persons struck from the list and to update it daily during the revision period.

Recommendation 10

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer identify options for a clear definition for the term “broadcasting” and report back to the committee.

Recommendation 11

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to change the period for mail-in ballots by enabling an elector to apply to the CEO to vote by special ballot up to two weeks before the issue of the writ for an electoral district continuing until the 10th day

before polling day; and to provide that the CEO does not provide special ballots until after the close of the nomination periods.

Recommendation 12

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer develop detailed recommendations to replace the provisions for advance polls in communities without returning officers and fewer than 500 residents, with a special voting opportunity, and report back to the committee.

Mr. Speaker, at this point, I would like to now turn the continuation of the report over to my colleague Mr. Menicoche. Thank you.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you, Mr. Speaker.

Recommendation 13

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer provide the committee with a

review of approaches to campaign finance in other jurisdictions, and that the committee develop a set of proposed principles to guide the development of new campaign finance provisions and report those back to this Assembly.

Recommendation 14

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to make threatening a candidate and impersonating an elections officer offences.

Recommendation 15

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer proceed to develop restructured Tariff of Fees Regulations and provide the draft regulations to the committee for comment before recommending them to the Commissioner.

Recommendation 16

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to require the deputy minister of Justice, at the request of the Chief Electoral Officer, to provide the names and addresses of inmates who are residents of the Northwest Territories on a date specified and who have or who will have attained the age of 18 on a date specified.

Recommendation 17

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to define the term “sponsor” as a person or organization that pays for or provides or incurs the cost of the campaign material bearing identification.

Recommendation 18

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer develop a standard phrase to be used to identify sponsors on campaign material, and include that information in guidelines for candidates.

Recommendation 19

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to allow election officers to conduct mobile polls.

Recommendation 20

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended so that a person vouching for an elector without sufficient identification need only reside in the same

electoral district, rather than in the same polling division.

Recommendation 21

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to add candidate nomination papers to the list of public records that may be inspected during office hours at the office of the Chief Electoral Officer.

Recommendation 22

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer provide the committee with recommendations for additional specific enforcement powers for the Chief Electoral Officer, and substantiation for each of those powers.

Recommendation 23

The Standing Committee on Rules and Procedures recommends that the Public Service Act be amended so that authority to grant leave to an employee who wishes to seek nomination to be a candidate resides with the deputy minister accountable for administration of that act, rather than with the Minister.

Recommendation 24

The Standing Committee on Rules and Procedures recommends that the “housekeeping” amendments, which are identified by the Chief Electoral Officer on pages 42 to 45 of the report of the Chief Electoral Officer, with the exception of his recommendation 21, be considered by the legislative drafter during the preparation of the other amendments.

Thank you, Mr. Speaker. I will now turn the conclusion over to Mr. Bromley.

Bob Bromley

Bob Bromley Weledeh

Thank you, committee.

Conclusion

By way of conclusion, the Standing Committee on Rules and Procedures will return with additional recommendations after its review of additional research and recommendations from the Chief Electoral Officer on the following topics:

• voter identification requirements;

• polling

day;

• the definition of “broadcasting”;

• options for new special voting opportunities for

communities with no resident returning officer and with populations of fewer than 500;

• campaign financing provisions; and

• additional enforcement powers.

Bob Bromley

Bob Bromley Weledeh

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 2011 Election. Therefore, I move, seconded by the Member for Great Slave, that Committee Report 2-17(4) be received by the Assembly and moved into Committee of the Whole for further consideration. Mahsi.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Bromley. Motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Jackie Jacobson

Question has been called.

---Carried

The Speaker

The Speaker Jackie Jacobson

Mr. Bromley.

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Speaker. I seek unanimous consent to waive Rule 93(4) and move Committee Report 2-17(4) into Committee of the Whole for today. Mahsi.

---Unanimous consent granted

The Speaker

The Speaker Jackie Jacobson

Item 13, reports of committees on the review of bills. Item 14, tabling of documents. Mr. Miltenberger.

Michael Miltenberger

Michael Miltenberger Thebacha

Mr. Speaker, I wish to table the following document, entitled List of Interactivity Transfers Exceeding $250,000 for the Period April 1, 2012, to December 31, 2012. Thank you.