Thank you, Mr. Speaker. Thank you, colleagues.
Motion 10: To amend subclause 22(1) to allow the Ombud to discontinue acting on a matter where the complainant has abandoned the complaint.
Motion 11: To amend Bill 20 by deleting clause 23 and substituting new language.
Clause 23 provides that the Ombud cannot investigate any matter that falls under the jurisdiction of another statutory officer with Ombud-like powers. The amendment was proposed for clarity, to identify precisely which statutory officers are referred to.
Motion 12: To amend clause 24 by adding a new provision after subclause 24(5).
Subclause 24(5) provides that, if the Ombud finds evidence of any breach of duty or misconduct on the part of any officer or employee of an authority, the Ombud must refer the matter to the administrative head of the authority. As drafted, the bill did not specify to whom the Ombud must refer the matter if the administrative head of the authority is the subject of the misconduct or breach of duty. The amendment proposed by committee authorizes the Ombud to refer the matter further up the chain of command.
Motion 13: To amend clause 32 to specify that the Ombud must notify the complainant and the authority of the Ombud's decision and reasons for it in writing.
Motion 14: To amend subclause 33(1) to require the Ombud to report the findings of an investigation to the Minister as well as the head of the authority.
Motion 15: To amend subclause 37(1).
Subclause 37(1) provides that, where an authority fails to take appropriate action in response to a recommendation of the Ombud, the Ombud may submit a report to the Premier and subsequently to the Legislative Assembly. The amendment proposed by committee would have changed the provision to require that, where the Ombud reports to the Premier, a report must also be submitted to the Legislative Assembly, which is the body that the Ombud ultimately reports to.
The Minister did not concur with this amendment and the motion was defeated.
Motion 16: To amend subclause 39(3).
This subclause specifies that the Ombud cannot be compelled to give evidence in proceedings of a judicial nature. The committee's motion proposed, for clarity, that this prohibition on compellability be extended to include proceedings of an administrative or quasi-judicial nature, as well.
Motion 17: To amend the schedule to Bill 20 by deleting item 5.
This motion corrects a drafting oversight which included another statutory office, the Human Rights Commission, under the Ombud's jurisdiction. The Human Rights Commission is deleted from the schedule.
Motion 18: To amend the English version of the title of Bill 20 from "Ombudsperson Act" to "Ombud Act."
CONCLUSION
The Review of Bill 20 is the culmination of work by the Standing Committee on Government Operations spanning two Assemblies. The standing committee wishes to again thank the Government of the Northwest Territories for fulfilling their mandate commitment to bring this legislation forward. The committee also thanks everyone involved in the review of this bill for their assistance and input.
Following the clause-by-clause review, a motion was carried to report Bill 20: Ombud Act, as amended and reprinted, as ready for consideration in Committee of the Whole.
This concludes the standing committee's review.