Debates of Oct. 22nd, 2024

Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner, and commends it to the House.

Mr. Speaker, your Standing Committee on Government Operations has reviewed the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner, which will be referred to from now as the "annual report."

The committee thanks Ms. Renée Caron, recently appointed Equal Pay Commissioner, for her appearance before committee on August 29th, 2024. In the Northwest Territories, the right to equal pay for work of equal value is established by Section 40 of the Public Service Act and applies to public service employees. The Act requires the Equal Pay Commissioner to prepare an annual report. The 2023-2024 Annual Report highlights the context for the Commissioner's work and her activities over the year. Committee wishes to express our heartfelt sympathy to the family and friends of Bronwyn Watters, the former Equal Pay Commissioner, who passed away unexpectedly in the summer of 2023.

About the NWT Equal Pay Commissioner:

Section 40 of the Public Service Act requires that there be no difference in the rate of pay between male and female employees who perform work of equal value in the same establishment. Under the Act, three separate establishments exist:

• The government,
• The NWT power corporation, and
• Teachers.

The Equal Pay Commissioner is responsible for:

• Investigating complaints from employees who believe that their right to equal pay for work of equal value has been violated.
• Promoting awareness and understanding of equal pay for work of equal value.

Observations

The Northwest Territories stands as a leader in minimizing pay inequity. According to the most recent Statistics Canada census (2021), in the Northwest Territories:

• The median wage for tax filers identifying as male was $65,300.
• The median wage for tax filers identifying as female was $59,610.

These wages represent one of the smallest gender pay gaps in Canada, which the average of which is 74 percent behind only Nunavut. However, committee urges the government to avoid complacency.

Diversity, equity, and inclusion discussions often focus on traditionally marginalized groups in isolation. For example, the GNWT has policies that promote mentorship opportunities for Indigenous peoples and training to improve 2SLGBTQQIA+ workplace awareness. These efforts are important; however, committee argues they are overly simplistic.

An Intersectional Approach To Pay Equity

Intersectionality is critical to understanding pay equity because it allows us to delve deeper into the multiple factors or demographics that impact compensation rather than focusing on individual factors in isolation. By design, focusing on the average wages across all women may mask disparities that exist when individual experiences or demographics are not incorporated. The United States Equal Employment Opportunity Commission noted that "pay inequity is not solely an issue of sex discrimination, but an intersectional issue that cuts across race, colour, national origin, and other protected classes." An intersectional approach to pay equity necessarily goes beyond comparing the average earnings of men and women.

A Statistics Canada study, Intersectional Perspective on the Canadian Gender Wage Gap, found that in 2022, compared to the average hourly wage for Canadian-born men:

• • Women who immigrated to Canada as children earn 10.5 percent less;
  • Women who immigrated to Canada as adults earned 20.9 percent less;

The comparison of average earnings at the intersection of gender and Indigenous status shows that Indigenous women and men earn less than non- Indigenous men and women;

• • Women who identify with a racialized group earn significantly less than the average male;
  • Persons with disabilities have lower wages and are more likely to work part-time leading to lower average weekly earnings;
  • Neurodivergent individuals are more likely to be underemployed, with lower potential earnings versus their neurotypical peers.

Committee believes that the GNWT's current one-dimension approach, based on just gender, misses the full picture. Intersectionality is key to achieving pay equity because it recognizes that individuals experience discrimination and inequality based on the intersection of multiple identities and demographic markers such as race, gender, and age.

During the life of this Assembly, the Government of the Northwest Territories plans to bring forward amendments to the Public Service Act making now an ideal time for the government to consider intersectionality issues surrounding pay equity and propose changes to the legislation. Therefore:

Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories, in collaboration with the Pay Equity Commissioner, review the pay equity provisions of the Public Service Act and bring forward amendments to address how intersectionality impacts pay equity.

Proactive Pay Equity

Collective bargaining and job evaluation systems support pay equity. The GNWT uses the Hay Method of job evaluation as a gender-neutral evaluation system that assesses jobs based on skill, effort, responsibility, and working conditions. However, committee learned that collective bargaining and job evaluation cannot be the sole mechanisms to ensure pay equity.

The 2023-2024 Annual Report points out that "equal pay for work of equal value must be demonstrably established and maintained over time... Maintenance requires a systemic review every few years."

In August 2021, the federal government brought the federal Pay Equity Act into force. The federal Act establishes a proactive pay equity regime for federally regulated workplaces with ten or more employees. Under this regime, employers must proactively examine their compensation practices. The central feature of proactive pay equity is that it requires employers to establish and periodically update a pay equity plan rather than relying on reactive complaints to address and resolve issues.

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories, in collaboration with the Pay Equity Commissioner, review the pay equity provisions of the Public Service Act and bring forward amendments to require regular maintenance reviews or proactive pay equity plans.

Conclusion

This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner.

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

So, Mr. Speaker, I move, seconded by the honourable Member for Great Slave, that Committee Report 11-20(1), Standing Committee on Government Operations Report on the 2023-2024 Annual Report of the Northwest Territories Equal Pay Commissioner, be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. To the motion. Motion's order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.

---Carried

Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days. Thank you, Mr. Speaker.

The motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.

---Carried

Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 12-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. To the motion.

Question has been called. All those in favour? Those opposed? Absences? Motion has passed.

---Carried

Standing Committee on Government Operations Report on the Review of The 2023-2024 Annual Report of The Northwest Territories Human Rights Commission

Introduction

The Standing Committee on Government Operations (Committee) has reviewed the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission (Annual Report).1 The Committee thanks Mr. Charles Dent, Ms. Nicole MacNeil, and Mr. Sheldon Toner for their appearance before the Committee on August 26, 2024.2

The Human Rights Act requires the Human Rights Commission (Commission) to prepare an annual report.3 The 2023-2024 report highlights the Commission's focus on community outreach, resolving complaints filed under the Human Rights Act, and continuing advocacy for accessibility legislation.

Committee is providing two recommendations to the Government of the Northwest Territories (GNWT) regarding the implementation of legislation that improves accessibility for the people of the Northwest Territories.

About the Human Rights Commission

The NWT Human Rights Commission works to promote equality human rights and protect individuals and groups from discrimination under the NWT Human Rights Act. The Act creates a human rights system that is independent from the territorial government.

The human rights system in the Northwest Territories is committed to using a restorative approach and is guided by the principles of flexibility, inclusion, remediation and participatory solutions to issues. It is against the law to discriminate against anyone in the following areas:

The NWT Human Rights Act protects 22 grounds: age, disability, race, colour, ancestry, place of origin, ethnic origin, nationality, sex, sexual orientation, gender identity, family status, family affiliation, marital status, social condition, religion, creed, political belief, political association, pardoned criminal conviction, or record suspension.

Observations

Public Hearing

Committee is excited to see the results of the Commission's work to understand how their processes are working for the people of the Northwest Territories (NWT), particularly the Commission's Reconciliation Strategy and work plan to improve services to Indigenous Peoples.

Committee is eager to learn more about the Commission's research into non- disclosure agreement (NDA) legislation that has been a topic of concern across Canada. In addition, Committee appreciated the conversation about protected grounds and looks forward to the Commission's review of protected grounds.

Accessibility Legislation

Accessibility means full and equal participation for all peoples in our communities, with the physical, information, attitudinal, and systemic barriers removed so people can participate in day-to-day activities or participate in opportunities available to all citizens. An accessible and inclusive territory benefits all of us.

As of 2022, there are more than 8,000 NWT residents over the age of 15 with some form of disability, representing 25.7% of the population.4 As the population ages, the number of people with disabilities and the severity of their disabilities are likely to increase.

For years, the Human Rights Commission and Committee have called on the Government of the Northwest Territories (GNWT) to develop accessibility legislation. While existing human rights laws, such as the NWT Human Rights Act and the Canadian Charter of Rights and Freedoms, allow people to make individual complaints when their rights are violated, they often have limited ability to address systemic problems.

The NWT does not have comprehensive legislation to help identify, remove, and prevent barriers experienced by persons with disabilities. In addition to the federal government's Accessible Canada Act (2019), eight provinces, Quebec (2004), Ontario (2005), Manitoba (2013), Nova Scotia (2017), Newfoundland and Labrador (2021), British Columbia (2021), Saskatchewan (2023), and New Brunswick (2024) currently have accessibility legislation in place.

Committee strongly believes that it is a function of good government to safeguard and advance the dignity of all persons, including persons with disabilities. Accessibility legislation could create mechanisms, such as accessibility standards and regulations, to address systemic barriers. Therefore:

Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories develop accessibility legislation that identifies, removes, and prevents barriers encountered by people with disabilities in their daily lives through the development, implementation, and enforcement of accessibility standards.

Accessibility standards should provide guidance about best practices for accessibility, including desired accessibility outcomes. Standards should cover a variety of areas including service delivery, employment, the built environment, information and communication, and transportation.

Committee was pleased to hear that the GNWT is planning some work around improving accessibility in the built environment:

1. In June 2024, the Minister of Infrastructure committed to “looking into a building standards framework for the territory that includes an accessibility provision.” The Minister's further commitment to begin working on a Building Act in 2025-26 is also welcome news.5

2. Adoption of the 2020 National Building Code (NBC:2020) through Fire Prevention Act regulations amendments. NBC 2020 includes some updated accessibility requirements to reduce barriers related to anthropometrics, plumbing facilities, signage, entrances, and elevators.6

However, Committee is concerned that the government's plans do not go far enough to address existing accessibility issues in the built environment. Committee learned that building codes often do not align with requirements to make a building accessible, nor will the adoption of NBC:2020 address building accessibility for private owners, private builders, or within municipalities.

CSA B651:23 - Accessible design for the built environment7 is recognized as the most comprehensive description of accessible building practices in Canada. The standard describes the technical requirements for designing and constructing new facilities or exterior environments or modifying existing facilities or exterior environments.

Integrating CSA B651:23 into legislation to make buildings and the exterior built environment safe for those with physical, sensory, or cognitive disabilities could help ensure that builders, private owners, and municipal governments are protected from discrimination claims.

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories integrate CSA B651:23 into the recommended accessibility legislation.

Conclusion

This concludes the Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission. Committee eagerly awaits the government's response to Committee's recommendations in CR 5-20(1) Report on the Review of the 2022-2023 Annual Report of the Human Rights Commission,8 and respectively recommends that:

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 12-20(1), Standing Committee on Government Operations Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Human Rights Commission, be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. Motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Absences? Motion has passed.

---Carried

Member from Frame Lake.

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

Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.

---Carried

Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2023-2024 Annual Report of the Northwest Territories Languages Commissioner. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake.