Jurisdictional Issues
The Ombud recommends expanding the current schedule of authorities over which the Ombud has power to investigate. The Ombud specifically draws the committee's attention to the wording found in Yukon Ombudsman Act. In a previous discussion with the Ombud, it was noticed that while she has the power to investigate housing authorities, this does not include housing associations. The committee looked at other Ombud legislation in other jurisdictions. The committee agrees that the NWT Ombud should have power to look into more authorities.
Therefore, the Committee recommends:
Recommendation 1
The Standing Committee on Government Operations recommends that the definition of "authorities" and the schedule to be amended to use language similar to that found in the Ombudsman Act (Yukon) and that a further subclauses expressly include Housing Associations as established under their Societies Act.
The Ombud recommends that the Human Rights Commission and its agencies should fall under her jurisdiction to investigate complaints. The Law Clerk advised that the wording proposed in Recommendation 1 would include the Human Rights Commission. No further action is needed to advance this recommendation.
The Ombud recommends that the reference to "judicial review" be removed from Section 17 of the Act. She considers the term confusing in the current context. Her concern is that the section could be interpreted to mean that the Ombud always must wait 30 days before being allowed to investigate and that any administrative decision, action, or omission is subject to a potential judicial review.
The other is to remove from Section 17(2) of the Act. This section allows the Ombud to use her discretion to investigate, if she finds it unreasonable to expect the complainant to pursue any of the other available options.
The committee sought the advice of the Law Clerk. The Law Clerk advised that the Ombud is considered an office of last resort, and this section is likely to prevent the Ombud from investigating where other avenues of appeal have not been used. However, Section 17(2) provides the Ombud the ability to waive this requirement, if in her judgement, it would be unreasonable. The committee feels that it is important for the Ombud to have this discretion, even if it would be rarely used.
The Ombud states that she was unable to look into a small number of cases because they predate the beginning of the Ombud's authority on January 1, 2016. The Committee agrees that the Ombud shouldn't have to decline complaints from 6 years ago, while being able to investigate complaints from 5 years ago. The Committee discussed how to address this, and was advised by the Law Clerk that the Act should specify a date on which the Ombud's powers begin.
The Committee finds that April 1, 1999, is an appropriate date as it is also the date on which the modern Northwest Territories came into being. Further, the Committee also identifies the need for a provision allowing the Ombud to investigate fully any complaint that may have files prior to that date.
Consequently, the committee recommends:
Recommendation 2
The Standing Committee on Government Operations recommends that section 17(3) be amended to April 1, 1999, and further that a new subclause be included that notwithstanding the temporal restriction, if a complaint has records prior to this date, the Ombud has the discretion to investigate the complaint in full.
Mr. Speaker, I'll now pass this over to MLA Cleveland.