This is page numbers 4545 - 4582 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 education.

Topics

Bill 48: Arbitration Act
Reports Of Committees On The Review Of Bills

Page 4573

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Great Slave. Reports of committees on the review of bills. Member for Nunakput.

Bill 52: Elevators and Lifts Act
Reports Of Committees On The Review Of Bills

Page 4573

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Speaker. Your committee would like to report on its consideration of Bill 52, Elevators and Lifts Act.

Bill 52 received a second reading in the Legislative Assembly May 31st, 2022 and was referred to the Standing Committee on Economic Development and Environment for review.

On September 28th, 2022, the standing committee held a public hearing with the Minister of Infrastructure and completed its clause-by-clause review of the bill.

Mr. Speaker, the committee reports that Bill 52, Elevators and Lifts Act, is ready for consideration in Committee of the Whole. Thank you, Mr. Speaker.

Bill 52: Elevators and Lifts Act
Reports Of Committees On The Review Of Bills

Page 4573

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Nunakput. Reports of committees on the review of bills. Member for Inuvik Twin Lakes.

Bill 53: An Act to Amend the Liquor Act
Reports Of Committees On The Review Of Bills

Page 4573

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Thank you, Mr. Speaker. Your committee would like to report on its consideration of Bill 53, an Act to Amend the Liquor Act.

Bill 53 received second reading in the Legislative Assembly on May 31st, 2022 and was referred to the Standing Committee on Government Operations for review. On October 7th, 2022, the standing committee held a public hearing with the Minister of Finance and completed its clause-by-clause review of the bill.

Mr. Speaker, the committee reports that Bill 53, an Act to Amend the Liquor Act, is ready for consideration in Committee of the Whole. Thank you, Mr. Speaker.

Bill 53: An Act to Amend the Liquor Act
Reports Of Committees On The Review Of Bills

Page 4573

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Inuvik Twin Lakes. Reports of committees on the review of bills. Reports of standing and special committees. Member for Nunakput.

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Speaker. Report of the Chief Electoral Officer's Auxiliary Report: Issues Arising from the 2019 Territorial Election.

Your Standing Committee on Rules and Procedures is pleased to provide the Report of the Chief Electoral Officer's Auxiliary Report: Issues Arising from the 2019 Territorial Election.

The Elections Plebiscites Act, the Chief Electoral Officer (CEO) to the present report administration election within six months of the election. The Speaker tabled Chief Electoral Officer's Report Administration in 2019 Territorial General Election on May 28th, 2020 and referred to the committee for review. Committee completed a review and presented to the Committee Report No. 9-19(2) to the Assembly February 23, 2021, that the report, committee made 19 recommendations. All recommendations were adopted by the Assembly on March 30, 2021. Three of those recommendations directed to the CEO to conduct additional research to report back to the Legislative Assembly within six months.

On March 29th, the Speaker tabled the Auxiliary Report of Chief Electoral Officer: Issues Arising from 2019 General Election. This report responded to these additional research requests. It included recommendation following the Tu Nedhe-Wiilideh by-election.

The standing committee met on April 4th, 2022, to September 22, 2022, to consider the report. Committee also considered issues the CEO discovered during the letter to the Speaker dated July 25th, 2022. The letter attached Appendix 1. Committee thanks the CEO for meeting with the committee to discuss these additional issues.

Casting the Vote from Anywhere

The CEO was directed to review on how Canadian jurisdictions allow residents to cast votes for their home electoral district from the polling station. This concern was raised by submission to committee earlier to review the elector must -- the multi-district community when went wrong. The poll was turned away, was redirected to another poll. The elector was discouraged in voting. Committee concerned that was impacted that they continued by counting the ballots. Timeliness and the results of ballots need to be sent to another polling district for counting. In this case, delayed reporting results.

The CEO identified that the options -- a few options that noted that the full-vote-anywhere model would require technology Elections NWT currently does not have. This includes the ability to print ballots in polling stations, the electronic tabulators to count to transmit the results. The CEO recommended Elections NWT trial vote-anywhere model during advance voting in the offices of returning officers. Under such system, during the advance period, the voter who normally lives in another riding when they are currently located that could go to the office of the returning officer where they can vote in their home riding. For example, if Paul from Sachs Harbour was in Inuvik for school and medical during the election, he could go to the office of the returning officer in Inuvik and vote.

The Advance Voting Period

The returning officers of Inuvik confirmed Paul is in the voters' list in Nunakput riding and issues a right [sic] on the ballot. A list of the candidates for Paul, also who voted for the ballot, would be sealed. The sealed ballot would be sent to Elections NWT headquarters the same way mail-in ballots would be treated, then counted, reported by the election officer, and included in totals for Nunakput.

Committee agrees with the Chief Electoral Officer's recommendations.

Recommendation 1

The Standing Committee on Rules and Procedures recommends the Elections NWT trial vote-anywhere model during advanced voting in the offices of the returning offices. Committee recommends that necessary legislative amendments that are required to do such model be made.

Mr. Speaker, I pass this on to my colleague from Hay River South, Mr. Simpson. Thank you.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Nunakput. Member for Hay River South.

Rocky Simpson

Rocky Simpson Hay River South

Best Practices in Election Reporting

The CEO was asked to conduct research on best practices on election reporting in other jurisdictions across Canada. Committee had previously noted changes in style and content in how election results had been reported during the last few elections. Some polls had been combined due to small numbers and the introduction of online voting in 2019 was not differentiated from mail-in ballots, nor from other advance voting opportunities.

Committee noted that Elections NWT has moved from a table format to a more visual representation of official results since 2007. Section 265 of the Elections and Plebiscites Act requires the CEO to provide, to the Speaker, a report setting out by polling division, the following:

  • The number of votes cast for each candidate;
  • The number of declined ballots;
  • The number of rejected ballots;
  • The number of names on the list of electors; and,
  • Any other information the CEO considers should be included.

In their report, the CEO notes that due to small population sizes in some communities, some voting opportunities are not well attended and could have only a handful of people using such an opportunity. Reporting such small numbers could ultimately compromise the secret ballot. As a result, in some cases these polls cannot be reported separately.

The CEO recommends that the Legislative Assembly not be overly prescriptive in the reporting requirements under section 265 of the Act. The CEO notes that Elections NWT is committed to the principles of open data and will work to ensure future reports contain as much detail as possible, without compromising the secrecy of individual's votes.

Committee agrees with the CEO's recommendation, and at this time is not in favour of setting out more detailed reporting requirements in the Act but encourages Elections NWT to adopt a consistent approach to reporting from election to election.

Publicly Disclosing Addresses

The Assembly directed the CEO to conduct a review of the requirements to publicly disclose a candidate's residential address and return to the Legislative Assembly with the findings of that review and any potential amendments to the Elections and Plebiscites Act. The CEO notes that in addition to the requirement to publish a candidate's address, the Act requires the publication of the address of official agents. The CEO also noted that candidate's financial reports are required to include the addresses of contributors to their campaign and this information has been included in summary reports on the Elections NWT website. As a result, the CEO expanded their review to include these disclosures.

Across Canada, seven jurisdictions do not publish physical addresses of candidates, and two jurisdictions have noted that they will be stopping this practice in the immediate future. The CEO notes that the NWT is one of only three jurisdictions to publish the address of an agent, and one of four that publishes the addresses for donors.

It is important to note that the Act requires that a candidate, agent, and contributor must be a resident of the Northwest Territories but does not require they be resident in the electoral district they are running in. As a result, as long as the community they reside in is identified and not their physical address, the goals of the Act would still be met.

The CEO concluded there is limited value in publishing a candidate's residential address. The loss of privacy for the candidate is not outweighed by the public of interest of disclosing the location of a candidate's home. There are other safeguards in the Act to ensure that a candidate is resident in the Northwest Territories, and none of these require the candidate's home address to be made public.

This also holds true for publishing an official agent's residential address as part of proclamation of a poll. The Act requires that any campaign material include a name and phone number so that the public can ask questions of the campaign without requiring the official agent's address.

In regards to contributors, any contributor to a campaign must disclose their residential address to the campaign so that the official agent can properly report all donations, financial or otherwise, in the required financial report. This information has been included in the summary report prepared by Elections NWT, but it is not required.

In response to complaints from the public, and advice from the Information and Privacy Commissioner, Elections NWT will no longer include addresses in the candidate financial report summaries posted on the Elections NWT website. Only their community of residence will be posted. Committee is satisfied with this step taken by Elections NWT.

Recommendation 2

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to remove the requirement to publish a candidate's or official agent's residential address under sections 96 and 97, and to substitute community of residence.

I will now turn to the Member for Nahendah. Thank you.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Hay River South. Member for Nahendah.

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Speaker.

Register of Future Electors

During the 2022 Tu-Nedhe-Wiilideh by-election, Elections NWT noted that only four people under the age of 21 cast ballots. All four were registered to vote during the by-election and were not on the voters list. It was noted that anyone who turned 18 after the 2019 general election was not included on the voters list. The CEO notes that eight other jurisdictions in Canada, including the Yukon, have the legislated authority to create a registry of future electors. These registers allow youth aged 16 and 17 to register with an electoral agency. Once registered, on their 18th birthday they are transferred to the general voters list.

Elections NWT data revealed that on July 1, 2021 there were 1,659 adults between the ages of 18 and 20 in the NWT, but only 73 people on the voters list are in the same age group. This means only 4 percent of adults aged 18 to 20 are registered to vote on the voters list. The CEO noted that Elections NWT has limited methods to try and find those voters and register them. Creating a registry of future electors would be one way to engage youth before they come of age to vote.

Recommendation 3

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to allow Elections NWT to create a registry of future electors, allowing youth aged 16 and 17, to register with the same information as permitted under s. 54(2) of the Act.

Other issues raised by the Chief Electoral Officer

Elections Rebate Program

The Legislative Assembly previously recommended the Act be amended to include an election rebate program. While working to implement this recommendation, the CEO noted an issue where a candidate who contributes to their own campaign could potentially receive both a rebate of those funds under the new program as well as a tax credit from the Canada Revenue Agency. Committee believes that where a candidate receives a tax credit from the Canada Revenue Agency, they should not be entitled to a rebate for those same funds. Only one benefit should be accessible.

Recommendation 4

The Standing Committee on Rules and Procedures recommends that implementing an election rebate program authorized under the Elections and Plebiscites Act, the Chief Electoral Officer ensures candidates are not be able to claim a rebate for any money they donate to their own campaign that is also eligible for a tax credit from the Canada Revenue Agency.

Mr. Speaker, I'd like to turn the report over to the Member for Frame Lake. Mahsi cho.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Nahendah. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Merci, Monsieur le President.

Peace Officers

It was noted that the requirement for polling station accounts was removed from the Act in 2018 but some references to it remain. The CEO notes that the removal of the polling station accounts eliminates the reporting on whether peace officers are appointed at polls and the reasons why a peace officer was appointed. The CEO believes the requirement to report on such appointments remains important and should be retained.

Recommendation 5

The Standing Committee on Rules and Procedures recommends that references to "polling station account" be removed from the Act and that a provision be added to section 119(4) that requires any deputy returning officer who appoints a peace officer to state their reasons for doing so in writing to the returning officer as soon as possible.

Recommendation 6

The Standing Committee on Rules and Procedures recommends that section 205(e) of the Elections and Plebiscites Act be amended to require that a returning officer include, in their report of proceedings, any appointments of peace officers made under s. 119(4) of the Act.

Electoral Boundaries Commission

The Electoral Boundaries Commission provided their final report to the Assembly. It was tabled on May 27, 2022 (Tabled Document 654-19(2)). Their report recommended that the Elections and Plebiscites Act be amended to clearly allow the Commission to receive information from the register of electors. Section 77 of the Act states that information contained in the register of electors can only be used for an election or plebiscite; however, section 9 of the Electoral Boundaries Commission Act requires the Commission to consider information in the register of elections. The CEO supports this recommendation, as it would allow for information sharing and support the work of the Commission in recommending changes to electoral boundaries. Committee agrees.

Recommendation 7

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to allow an Electoral Boundaries Commission to receive information from the register of electors under section 77.

Business Days

The CEO has noted that a candidate's financial report is due within 60 calendar days under the Act. When elections were traditionally held on a Monday, this resulted in a candidate's financial report being due on a Friday. When polling shifted to Tuesday, the reporting deadline became a Saturday when Elections NWT is closed. The CEO recommends amending the Act to refer to "business days" rather than "calendar days". Committee agrees.

Recommendation 8

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to allow for a candidate's financial report to be submitted within 45 business days rather than 60 calendar days.

Conclusion

The committee wishes to thank the CEO, Mr. Stephen Dunbar, for the additional research and recommendations provided in his auxiliary report.

This concludes the Committee's review of the Chief Electoral Officer's Auxiliary Report on the 2019 General Election. Mahsi, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Frame Lake. Reports of standing and special committees. Member for Nunakput.

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Speaker. I move, seconded by the honourable Member from Hay River South, that the Standing Committee on Rules and Procedures report on the Chief Electoral Officer Auxiliary Report: Issues Arising from the 2019 Territorial Election be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.

Some Hon. Members

Question

The Speaker

The Speaker Frederick Blake Jr.

Motion is carried. The report of Chief Electoral Officer Auxiliary Report will be moved into Committee of the Whole.

---Carried.

Reports of standing and special committees. Tabling of documents. Minister responsible for Health and Social Services. Tabling of Documents.

Julie Green

Julie Green Yellowknife Centre

Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following three documents: Response to Committee Report 26-19(2): Report on the Child and Family Services Act - Lifting NWT Children, Youth, and Families: An All of Territory Approach to Keeping Families Together; Response to Committee Report 31-19(2): Report on Bill 40: An Act to Amend the Medical Profession Act; Response to Motion 54-19(2): Improving Health Care in Small Communities. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Minister responsible for Infrastructure.

Diane Archie

Diane Archie Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following five documents: Follow-up Letter for Oral Question 1127-19(2): Increasing Cost of Fuel; Follow-up Letter for Oral Question 1129-19(2): Increasing Cost of Fuel; Follow-up Letter for Oral Question 1144-19(2): Cost of Whati Transmission Line. Further to my Return to Written Question 44-19(2), a document entitled Slave Geological Province Corridor Contract List, April 1st, 2020 - June 3rd, 2022. Finally, Mr. Speaker, further to my Written Question 45-19(2), document entitled Taltson Hydro Expansion Project Contract List, April 1, 2020 - June 3, 2022. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Minister responsible for Environment and Natural Resources.

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following document: Response to Committee Report 24-19(2): Report on the Statutory Review of the Species at Risk (NWT) Act and Wildlife Act. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Minister responsible for Housing NWT.

Paulie Chinna

Paulie Chinna Sahtu

Thank you, Mr. Speaker. I wish to table the following document: Response to Motion 57-19(2): Housing Northwest Territories Transfers to Long-term Tenants. Mahsi, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Minister responsible for Education, Culture, and Employment.

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Mr. Speaker. Get comfortable.

First I would like to table the following nine documents: Response to Committee Report 29-19(2): Report on the Review of the Languages Commissioner for the Northwest Territories Annual Report 2020-2021; Response to Committee Report 30-19(2): Report on the Review of the 2020-2021 Annual Report of the Information and Privacy Commissioner; 33rd Annual Report 2021-2022 Victims Assistance Committee of the Northwest Territories; Northwest Territories Coroner Service 2021-2022 Early Release of Suicide Data; Follow-up Letter for Oral Question 1094-19(2): Royal Canadian Mounted Police De-escalation Training; Follow-up Letter for Oral Question 1113-19(2): Royal Canadian Mounted Police in Fort Smith; Follow-up Letter for Oral Question 1120-19(2) Funding for Small Communities; Follow-up Letter for Oral Question 1136-19(2): RCMP Complaints and Misconduct; and, Follow-up Letter for Oral Question 1138-19(2): RCMP Violence Against Indigenous Women.

On behalf of the Premier, I wish to table the following three documents: Response to Motion 58-19(2): A Strategy to Match Canada's Population Growth; Further, to return to Written Question 42-19(2), the document is entitled Negotiated Contracts; and, Format for Executive Council Submissions Recommending Authorization to Negotiate Contracts Under the Negotiated Contracts Policy 11-26.

On behalf of the Minister of Industry, Tourism, and Investments, Return to Written Question 46-19(2), I wish to table the following document: Information for Return to Written Question 46-19(2) Post-Devolution Mining Revenues to the Northwest Territories. Thank you, Mr. Speaker.