Mahsi, Mr. Speaker.
The Independence of the Ombud's Office
In order to carry out such powers free from political influence, it is important that the Office of the Ombud be independent from the executive branch of government.
- The NWT Seniors' Society noted that, "the Act supports a term of five years for the Ombudsperson that exceeds the mandate of any Legislative Assembly. This helps to ensure the work of the Office is not unduly influenced by the Legislative Assembly once appointed." They further stressed that the provisions relating to suspension or removal of the Ombud should show that a substantive majority was in favour and not a simple majority. "This is to assure that the Ombudsperson is independent and cannot be removed at the whim of a few due to a decision that may be unpopular."
- The NWT Branch of the Canadian Bar Association also noted that, "the Ombudsperson should have independence through security of tenure."
- Mr. Colin Baile objected to clause 17, which specifies that the Ombud's jurisdiction does not extend to the Legislative Assembly and its standing committees. He argues that, "To exclude the entire legislative branch of government, including Members, management, and staff, is disrespectful of the act's intention and sends the message that the Legislative Assembly and its staff are above such investigation."
The committee respectfully disagrees with this view. In Canadian jurisdictions, the Ombud functions as a statutory officer of the legislative branch of government, so that the office may have independence from the executive branch. While not all jurisdictions have a provision similar to clause 17, which is also found in Manitoba's Ombudsman Act, this does not mean that the Legislative Assembly, its committees, and staff in other jurisdictions are within the scope of their respective Ombuds. One must look to the definitions, schedules and provisions in each province or territory's Ombud legislation to determine which departments, agencies, and organizations of the public sector are subject to the Ombud's oversight. Committee is aware of no Canadian province or territory that permits Ombud oversight of the legislative branch of government.
The Importance of Hiring the Right Person for the Job
Committee heard from a number of people that, in order for the Northwest Territories' first Ombud to be effective, it is important that the right person be hired for the job.
- Mr. Colin Baile noted that, "The Ombudsperson is most often the only or last means of resolving disputes with government agencies. The trust placed in the Ombudsperson by the public, and the statutory authority given that individual by the Legislative Assembly carries great responsibility and expectation."
- Former MLA Ms. Jane Groenewegen said that the new Ombud should have a good understanding of the government and its processes and urged committee, "Don't set the standard too low."
- Mr. Eric Braathen expressed the view that the appointee should be a long-time Northerner with extensive knowledge of the Government of the Northwest Territories.
Conditions of Employment for the Ombud
Clause 9 of Bill 20 provides that the Ombud is entitled to pay and benefits. Ms. Bisaro questioned what is meant by "benefits" and asked whether it included access to a pension plan. Mr. David Wasylciw expressed the opinion that the Ombud's salary should be tied to the GNWT's pay structure and made public in the Act.
The Office of the Clerk advised the committee that none of the legislation establishing statutory officers makes any reference to employee benefits. This is intentional, so as not to create an employee-employer relationship with these independent offices. Committee further heard that not specifying the nature of the salary or benefits allows greater flexibility for the Speaker in tailoring a contract that best meets the needs of the incumbent. Committee is comfortable with this approach and, therefore, does not propose any amendments to Clause 9 of Bill 20.
Clause 10 provides that, with the approval of the Speaker, the Ombudsman or Ombud may engage in outside employment. Both Mr. Baile and the Northwest Territories Chapter of the Canadian Bar Association questioned why the act would allow the Ombud to do so when this is not allowed in other jurisdictions, and suggested that, if outside employment is to be permitted, it should be done with the endorsement of the Conflict of Interest Commissioner.
Allowing one individual to potentially hold one or more offices with Ombud-like powers provides the Legislative Assembly's Board of Management and/or the Office of the Speaker, with the greatest flexibility in how its statutory appointments are filled, and recognizes that in a remote jurisdiction, such as ours, it might not be advisable to exclude potentially qualified candidates by being overly restrictive.
Committee received input from the Office of the Clerk of the Legislative Assembly, advising that the Conflict Commissioner has jurisdiction over current and former Members of the Legislative Assembly only and that none of the other legislation for statutory officers requires the approval or endorsement of the Conflict Commissioner. Committee is satisfied that the matter of potential conflicts of interest can be adequately handled by the Speaker, acting on the advice of the clerk and law clerk. As a result, committee is not seeking any amendments to this provision in Bill 20.
Mr. Speaker, I now pass the floor onto my colleague from the Sahtu, Mr. McNeely. Mahsi.