This is page numbers 83 – 126 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 electoral.

Topics

The Chair

The Chair R.J. Simpson

Question has been called. All those in favour. All those opposed.

---Carried

The motion is carried. Thank you. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I also want to assure my colleague that she is going to have another chance at this when the bill comes forward. On to recommendation number 7, Mr. Chair. I move that this Assembly recommends that the Chief Electoral Officer consult with the Department of Municipal and Community Affairs, the Northwest Territories Association of Communities, and a broad range of community government representatives with respect to consolidation of responsibilities for the administration of general and local elections; and further that the results of this research when complete be included in the Chief Electoral Officer's subsequent report to the Legislative Assembly. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There is a motion on the floor and in order. To the motion. Mr. Testart.

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Chair. I know that this is something that the Chief Electoral Officer recommended. I think the committee has taken an important step in recommending that we do some work before making those kind of changes. In other jurisdictions they vary, but often the central election body or the provincial election body does send teams in to support municipal level elections, and that can be very helpful when you may have a situation where the chief administrative officer of a municipality is also the returning officer and, if there is a dispute over the results, they have to basically act as the decider for their new employer, who would be the mayor or whatever have you. So that conflict of interest can be difficult, so having a third party assist with administration of elections I think could help preserve the integrity of the electoral process.

You know, there have been over the years several complaints around the conduct of municipal elections, and it puts the Minister of Municipal and Community Affairs in a difficult position if they are being requested to suspend the results of an election. I think if we had a second set of eyes on the issue, we might be able to avoid those circumstances, so I look forward, and I hope this is supported and this is moved and we are able to see this work done and ultimately determine if it is the best choice for the Northwest Territories. Thank you.

The Chair

The Chair R.J. Simpson

Thank you, Mr. Testart. To the motion. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. I just would like to speak to this briefly. The committee was also cognizant that we did receive correspondence from the Minister of Municipal and Community Affairs and the NWT Association of Communities expressing some concerns about the recommendation that came from the Chief Electoral Officer on this subject. To us, that just flagged that this needs some more work and a discussion amongst these different organizations. I think there are probably some good opportunities for collaboration and coordination amongst them, whether having the Chief Electoral Officer run municipal elections, I'm not sure that that's one option, but there may be other ways to do this. What we wanted to do was to open the door here for further discussion to take place and that's, I think, what this motion will do. Thanks, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. To the motion.

Some Hon. Members

Question

The Chair

The Chair R.J. Simpson

Question has been called. The motion is carried.

---Carried

Thank you, committee. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is the eighth recommendation. I move that this Assembly recommends that the Elections and Plebiscites Act be amended in accord with Recommendations 2, 10, 13, 16, 17, 22, 23, 24, 28, 29, 30, 31, 32, 34, 36, and 38 in the Chief Electoral Officer Report on the Administration of the 2015 Territorial General Election. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There is a motion on the floor and the motion is in order. I will let committee know that the recommendations referred to in this motion can be found on page 21 of the report that we're looking at. To the motion.

The Chair

The Chair R.J. Simpson

Question has been called. The motion is carried.

---Carried

Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is recommendation 9 from the report. I move that this Assembly recommends that Section 257.1(1) of the Elections and Plebiscites Act be amended to increase the penalty for non-compliance to $500, plus a daily fine of $50 to a maximum of $1,000. And further, that the act be amended to establish that the term of office for returning officers expires with resignation, change of permanent residency to outside the Northwest Territories, revocation, or death. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There's a motion on the floor and in order. To the motion.

Some Hon. Members

Question.

The Chair

The Chair R.J. Simpson

Question has been called. The motion is carried.

---Carried

Thank you, committee. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is Recommendation 10 from our report. I move that this Assembly recommends that the Elections and Plebiscites Act be amended as needed to provide:

• that the Chief Electoral Officer is an independent officer of the Legislative Assembly;

• that the Chief Electoral Officer shall take an oath affirming that she or he will impartially and faithfully exercise the powers of the Chief electoral Officer and perform all duties fairly, objectively, and with due care;

• that no proceeding may be commenced against the Chief Electoral Officer or a person acting for or under the direction of the Chief Electoral Officer for anything done or omitted in good faith in the exercise, intended exercise, or performance of a duty, responsibility, or power under the act;

• that the Office of the Chief Electoral Officer for Elections NWT is established to ensure impartial administration and conduct of elections and plebiscites;

• that the Chief Electoral Officer administers and manages the business of Elections NWT;

• that the Chief Electoral Officer shall examine all statements, reports, forms and other information filed with the Chief Electoral Officer;

• that the Chief Electoral Officer shall publish reports filed pursuant to this act on Elections NWT's website or in such manner determined to be effective by the Chief Electoral Officer;

• that the Chief Electoral Officer shall formulate policies regarding the conduct of elections;

• that the Chief Electoral Officer may prescribe forms for use under this act;

• that the Chief Electoral Officer may engage the services of professionals or experts such as counsel or accountants as necessary to carry out the Chief Electoral Officer's duties under this act within the appropriation for Elections NWT; and

• that the Chief Electoral Officer shall submit annual estimates of the funds required to operate Elections NWT to the board of management via the Speaker.

Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There's a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Just very briefly. The purpose of this motion is in response to the White Paper that the Chief Electoral Officer submitted, and that was sort of looking at election administration in the NWT in a broader sense comparing us with some other jurisdictions. The committee is not recommending acceptance of all of the recommendations of that report, but this motion is an effort to help clarify some of the roles and duties of the Chief Electoral Officer in terms of modernizing our approach to elections and his or her role into the future. I think this will provide the kind of authority that the office needs to move forward in a more efficient and effective manner. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. To the motion.

Some Hon. Members

Question.

The Chair

The Chair R.J. Simpson

Question has been called. The motion is carried.

---Carried

Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is Recommendation 11 of the report. I move that this Assembly recommends that the Elections and Plebiscites Act be amended to require the Chief Electoral Officer to submit an annual report to the Legislative Assembly describing work done under the direction of the Chief Electoral Officer pursuant to the act;

• require the Chief Electoral Officer to submit a report to the Legislative Assembly after each election or plebiscite about the conduct of the election or plebiscite;

• provide the Chief Electoral Officer with the option of combining his or her reports into one in the year of an election or plebiscite;

• provide that the Chief Electoral Officer may report to the Legislative Assembly at any other time on any matter that the Chief Electoral Officer considers necessary; and

• provide that any of the Chief Electoral Officer's reports to the Legislative Assembly may include recommendations for legislative amendments to improve the administration of elections under this or any other related act.

Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.