This is page numbers 2743 - 2774 of the Hansard for the 19th Assembly, 2nd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was health.

Topics

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order. To the motion. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. This was a major point of discussion and debate in the last Assembly. I think it's fair to say that Cabinet had to be convinced that this was something to move it forward, the Ombud legislation. And we had to pick a date. The Regular MLAs tried to push this back to April 1st, 1999. Cabinet wouldn't accept it. And so there was a stalemate of these -- I guess some Regular MLAs did side with Cabinet. I'm not going to go into those details. But this has become an issue. The Ombud has identified this as an issue in some of the investigations she has carried out, that she would like to have the ability to look at the entire record relating to a complaint. So that's why she suggested that her ability to look at records needs to go back in time.

And this recommendation would actually allow her to even go back beyond April 1st, 1999, if it's a longer termed dispute. Look. We want the Ombud to make, I think, the best possible recommendations for improving public service and fairness. So giving her the ability to look back in time is something I think that's essential. She's already identified this as a problem. I think we just need to fix this. So I support this. Thanks, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried.

---Carried

Ms. Martselos.

Frieda Martselos

Frieda Martselos Thebacha

Madam Chair, I move that this committee recommends that Section 23 be amended to remove reference to the Director of Human Resources, and, further, that the reference to the conflict of interest commissioner be amended to Integrity Commissioner. Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Sorry. Ms. Martselos, can you please reread the motion.

Frieda Martselos

Frieda Martselos Thebacha

Madam Chair, I move that this committee recommends that Section 23 be amended to remove reference to the Director of Human Rights, and, further, that the reference to the conflict of interest commissioner be amended to integrity commissioner. Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried. Thank you.

---Carried

Ms. Martselos.

Frieda Martselos

Frieda Martselos Thebacha

Madam Chair, I move that this committee recommends that Section 22(2) be amended to only require notice to an authority of a refusal to investigate in the event that notice has already been provided to the authority, that an investigation will take place under Section 24. Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion carried.

---Carried

Ms. Martselos.

Frieda Martselos

Frieda Martselos Thebacha

Madam Chair, I move that this Committee recommends that Section 25 be amended to specifically impose an obligation on anyone receiving confidential information from the Office of the Ombud to maintain the privacy of that information notwithstanding any other legislation. Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried.

Ms. Martselos.

Frieda Martselos

Frieda Martselos Thebacha

Madam chair, I move that this committee recommends that Clause 24(1) be amended to exclusively provide for notice to be provided to the Tlicho Government or any equivalent agency established by an Indigenous government, and, further, that Section 33(1) be amended to include a reference to or applicable the Indigenous government referenced in Section 24(1). Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. Motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

---Carried

Ms. Martselos.

Frieda Martselos

Frieda Martselos Thebacha

Madam Chair, I move that this committee recommends that Clause 15(1) be amended to read: 15(1) The Mandate of the Ombud is to investigate any decision, recommendation made, or any act done or omitted by an authority, by any officer, employee, or a member of authority in the exercise of any power or duty conferred on that person or body by an enactment that, A, relates to a matter or administration or the implementation of policy, and, A, aggrieves or may aggrieve any person or body of persons in the persons or its personal capacity. Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order. To the motion. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. This, again, was a matter of a lot of debate and discussion in the last Assembly. The wording in the bill as passed was not ideal. The regular MLAs attempted to amend it. That motion failed. Cabinet attempted to amend it. That motion failed. We didn't do a good job drafting this portion of the act as it became law. And now the Ombud has pointed this out as well. The current wording is just not very clear. It's rather awkward.

And this wording would make it clear that, you know, matters of administration and implementation of a policy can be investigated by the Ombud when someone alleges that they've been aggrieved. So this is, I think, once again, some housekeeping matters that can and should have been fixed up in the original legislation. So I expect that our side of the House is going to be able to work together with Cabinet to fix this within the lifetime of this Assembly. That's what I expect of my Cabinet colleagues. Thanks, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

---Carried

Ms. Martselos.

Frieda Martselos

Frieda Martselos Thebacha

Madam Chair, I move that this committee recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days. Thank you, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. Just to be crystal clear, you know, Cabinet is going to have an obligation now to respond to these committee reports. There's some clear recommendations in here for legislative change, and I expect that our Cabinet colleagues are going to adopt and endorse some of these recommendations without having to necessarily consult with Indigenous governments. But I look forward to them actually bringing forward the required changes in the lifetime of this Assembly. Thanks, Madam Chair.

The Chair

The Chair Lesa Semmler

Thank you, Member for Frame Lake. Member for Yellowknife North.

Rylund Johnson

Rylund Johnson Yellowknife North

Yes, thank you. I guess the Ombud Act is an interesting piece of legislation, in that the responsibility seems to lie both with the Department of Justice and the Board of Management. It's a shared piece given that they're a statutory office, similar to the ATIPP Act or similar statutory positions.

But I guess so that's -- I give the heads-up to Board of Management to take this one, and I guess I would ask the Department of Justice in their response to consider why exactly the GNWT has any control over this legislation. I'm a little confused as to why this isn't just solely within the Board of Management. But these are now motions of the House. So whoever does it, I very much look forward to some legislation coming forward and having the Ombud Act amended. Thank you.

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Thank you. To the motion. Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

---Carried

Thank you, committee. Do you agree that you have concluded Consideration of Committee Report 13-19(2), Standing Committee on Government Operations Report on the Review of the 2019-2020 Northwest Territories Ombud Annual Report?

Thank you, committee. We have concluded Consideration of Committee Report 13-19(2) Standing Committee on Government Operations Report on the Review of the 2019-2020 Northwest Territories Ombud Annual Report.

Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. I move that the chair rise and report progress.

The Chair

The Chair Lesa Semmler

There's a motion on the floor to report progress. The motion is in order and non-debatable. All those in favour? All those opposed? Motion is carried. I will now rise and report progress.