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 17th 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.