Thank you, Mr. Speaker. Here we go again.
Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of Bill 20: Ombudsperson Act and commends it to the House.
Introduction
Bill 20, sponsored by the Minister responsible for Public Engagement and Transparency, provides for the appointment of an Ombudsperson as an officer of the Legislative Assembly of the Northwest Territories. The bill establishes the mandate of the Ombudsperson to investigate complaints about the administrative fairness of Government of the Northwest Territories' practices, in order to promote fair, reasonable and equitable government administration.
Some of the key matters addressed by the Bill include:
- Requiring that the Commissioner, on the recommendation of the Legislative Assembly, appoint an Ombudsperson;
- Conferring powers and duties on the Ombudsperson for the purpose of fulfilling their mandate;
- Setting out which GNWT departments, boards and agencies, collectively referred to in the bill as "authorities," will be subject to the Ombudsperson's jurisdiction;
- Setting out how members of the public may make complaints to the Ombudsperson; and
- Setting out how investigations are to be conducted by the Ombudsperson.
Bill 20 received second reading in the Legislative Assembly on June 1, 2018, and was referred to the Standing Committee on Government Operations ("the committee") for review. The committee is pleased to report on its review of Bill 20: Ombudsperson Act.
A Note About the Title "Ombudsperson"
For many years, the word "Ombudsman" has been commonly used in English-speaking countries to describe the role of the person who oversees the administrative fairness of government practices. However, because the term is not gender neutral, its use has become increasing less acceptable. In an effort to arrive at the most appropriate and workable title for the Northwest Territories' Ombudsperson, committee considered titles used in other Canadian jurisdictions.
Six of 10 provinces and territories still use the term "Ombudsman." Each of the remaining four jurisdictions use a different title. In Newfoundland and Labrador, the person is called the "Citizen's Representative," and in Quebec, the "Public Protector." Only one Canadian jurisdiction, British Columbia, uses the term "Ombudsperson," as proposed in Bill 20.
Committee supports the use of a gender neutral title, but Members find the term "Ombudsperson" awkward and difficult to pronounce. For that reason, committee decided to follow the lead of New Brunswick which, in 2017, changed their legislation so that the title of their Ombudsman is now, simply, the "Ombud."
Committee proposed this change during the clause by clause review of Bill 20, covered in more detail later in this report. The Minister responsible for Public Engagement and Transparency concurred with the committee's motion to amend the title of the bill. While Bill 20 has not yet received assent, we anticipate this change will be adopted. For this reason, we have opted to use the term Ombud for the remainder of this report, except where another term is used in a direct quote.
Background
Together with Nunavut and Prince Edward Island, the Northwest Territories is one of only three Canadian jurisdictions without an Office of the Ombud to which members of the public may direct complaints about the fairness of their treatment by government.
The idea of creating an Ombud office in the Northwest Territories has been raised from time to time in the Legislative Assembly dating, at least, as far back as the 12th Assembly. In March 2013, a motion was passed in the Legislative Assembly, referring the proposal to establish an Ombud office in the Northwest Territories to the Standing Committee on Government Operations for research, analysis and review. That direction from the House culminated in a Report on Establishing an Office of the Ombudsman for the Northwest Territories, which was tabled in the Assembly just over a year later, in June 2014.
Building on the foundation set by this report, some Members of the 18th Legislative Assembly advocated to include Ombud legislation in the Government of the Northwest Territories mandate. As a result, the mandate contains commitment 5.3.11 to "develop legislation within two years to establish an independent parliamentary office of the Ombudsman."
The introduction of Bill 20 in the House, albeit a little behind schedule, fulfills the GNWT's commitment to bring forward this legislation. Committee thanks the Minister responsible for Public Engagement and his Cabinet colleagues for fulfilling this important promise.
The Public Review of Bill 20
To commence its consultation on Bill 20, the committee wrote to invite input from a broad array of over eighty stakeholders, potential interest groups and organizations in the Northwest Territories such as municipal governments, Chambers of Commerce, non-governmental organizations and professional societies. Committee also wrote to Indigenous governments in the Northwest Territories to seek their input and, in particular, to canvass their interest in accessing the services of the Ombud on a cost-sharing basis, in a manner similar to that provided for in the Yukon Ombudsman Act. This proposal is discussed in greater detail later in this report and with respect to Motion 7.
The committee held seven public hearings on Bill 20 in Inuvik, Norman Wells, Fort Resolution, Hay River, Behchoko, Ndilo, and Yellowknife. As well, committee received eight written submissions, from the Yellowknife Chamber of Commerce, the Tlicho Government, the K'atlodeeche First Nation, former Member of the Legislative Assembly Ms. Wendy Bisaro, Mr. Colin Baile, the NWT Seniors' Society, the NWT branch of the Canadian Bar Association, and the City of Yellowknife. All submissions received by the committee are appended to this report.
The committee would like to thank the communities who welcomed us on our travels and everyone who provided input on Bill 20.
Mr. Speaker, I will now ask that the honourable Member for Hay River North continue the reading of this report. Thank you, Mr. Speaker.