Debates of Oct. 29th, 2024

Thank you, Member from Monfwi. The motion is in order. To the motion.

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

---Carried

Member from Monfwi.

Mr. Speaker, I move, seconded by the Member for Mackenzie Delta, that, pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to Committee Report 16-20(1), including all recommendations, within 120 days or at the earliest opportunity subsequent to the passage of 120 days. Thank you.

Thank you, Member from Monfwi. The motion is in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? The motion is carried. And Committee's Report 16-20(1) has been received and adopted by the Assembly.

---Carried

Reports of Standing and Special Committees. Member from Great Slave.

Mr. Speaker, Your Standing Committee on Procedure and Privileges is pleased to provide its Report on the Review of the Rules of the Northwest Territories Legislative Assembly.

Mr. Speaker, I move, seconded by the honourable Member for Hay River South, that pursuant to Rule 6.1(2)(n), Committee Report 17-20(1), Standing Committee on Procedure and Privileges Report on the Review of the Rules of the Northwest Territories Legislative Assembly, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

Thank you, Member from Great Slave. The motion's in order. To the motion.

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

---Carried

Standing Committee on Procedure And Privileges Report On The Review The Rules Of The Northwest Territories Legislative Assembly

Introduction

The Standing Committee on Procedure and Privileges (Committee) is pleased to report on its review of the Rules of the Northwest Territories Legislative Assembly (the Rules).

In 2024, Committee received two letters from Speaker Shane Thompson requesting a review of many of the Rules; these letters are attached as Appendix A.

In April 2024, the Speaker requested that Committee review the following matters:

• Terminology of Prayer;
• Timelines for Acknowledgements;
• The Speaker's ability to deliver Members' Statements;
• Provisions to allow the Clerk to produce a consolidation of the Rules;
• Time limits on Replies to Commissioner's Address;
• Restrictions on when a Reply to Commissioner's Address can be given;
• Professional Behaviour in the Chamber via Chapter Three of the Rules;
• Amendments to Motions;
• Motions Location on the Daily Orders;
• Timelines for Returns to Oral Questions;
• Number of supplementary questions in Oral Questions;
• Guidelines for Oral Questions;
• Follow-up Information to Oral Questions;
• Petitions;
• Sitting Hours; and
• Points of Information or Clarification in Committee of the Whole.

In July 2024, the Speaker requested that Committee review the following matters in addition to the matters currently under review:

• Predictability of Sitting Hours;
• Ministers' Statements in Committee of the Whole; and
• Recognition of Visitors in the Gallery.

Further to this, during Committee of the Whole on June 6, 2024, the House adopted a Committee Motion that directed Committee to review and consider the current conventions in the titling of bills and if those conventions should be expanded.

Committee has considered these matters and is prepared to report on nearly all of them.

Prayer

Concern has been raised more than once over the associations that come with the word “Prayer”. The word has very different meaning and connotations for different individuals. Committee considered several more inclusive terms and agreed that changing the references to Prayer in the Rules to “Prayer or Reflection” would be the most appropriate course of action. Therefore, Committee recommends:

Recommendation 1: The Standing Committee on Procedure and Privileges recommends that Chapter Four be amended by adding the words “or Reflection” after each instance of the word “Prayer”.

Recommendation 2: The Standing Committee on Procedure and Privileges recommends that Rule 5.4(2) be amended by adding the words “or Reflection” after the word “prayer”.

Acknowledgments

The current rule states that acknowledgments must be filed with the Speaker's office no later than one hour before the start of the sitting day. However, one hour does not allow for adequate time to ensure the acknowledgement meets the guidelines, format the document and provide copies to interpreters. Committee recommends:

Recommendation 3:The Standing Committee on Procedure and Privileges recommends that Rule 5.8(2) be amended by deleting the words “one hour” and inserting the words “24 hours”.

Furthermore, Committee was satisfied that the guidelines currently outlined in the Rules for acknowledgments were appropriate and did see an uptake in the usage of acknowledgments in the Spring 2024 sitting.

Speaker's Member's Statements

In the 20th Assembly, the Speaker has commenced a practice of delivering Members' Statements from the Speaker's Chair.

After a jurisdictional scan and a deep look at the Rules, there is nothing that appears to preclude the Speaker from delivering a Member's statement from his Chair. As such, Committee does not see a need for any changes to the Rules for this matter. Committee is supportive of the Speakers participation in Members Statements during House Business.

Consolidation of Rules

Currently, the practice is that all changes to the Rules must occur in the House by way of motion. However, the Speaker asked Committee to examine whether a provision should exist that allows the Clerk to produce a consolidation of the Rules, and the ability to correct spelling, grammatical, and punctuation errors, without requiring those changes to be made through the House.

Committee agrees that this measure will save the time of the House and reduce administrative burdens on Members and staff. Committee sees the process of the Clerk providing a copy of a consolidation of the Rules to Caucus as an information item as sufficient notice for Members of the Legislative Assembly.

Recommendation 4: The Standing Committee on Procedure and Privileges recommends that the Clerk be granted authority to produce consolidations of the Rules to correct spelling, grammatical and punctuation errors alongside non-controversial changes within the Rules, without requiring those changes to be made by way of motion in the House.

Time Limit on Replies to Commissioner's Address

Replies to the Commissioner's Address have no time limit in the Rules, which is dissimilar to other Replies to Addresses such as the Reply to the Budget Address. However, Committee does not feel a time limit is required considering every Member may only use this provision once per session.

Restrictions on When Replies to Commissioner's Address Can Be Given

In practice, many Members wait until the last sitting day before dissolution to use their one opportunity for a reply to the Commissioner's Address, either to use the opportunity as a farewell or to announce whether they intend to run in the next Territorial General Election. However, this is not the intention of this item on the daily orders. Further, the last day(s) of an Assembly typically deal with large amounts of legislation needing to pass through the House at the end of an Assembly. As such, Committee recommends:

Recommendation 5: The Standing Committee on Procedure and Privileges recommends that Rule 5.2(2) be amended by inserting the words “or the final sitting day prior to the dissolution of a Legislative Assembly” after the word “prorogation”.

Professional Behaviour in the Chamber

The Speaker, at the request of the Government House Leader, referred the matter of professional behaviour in the Chamber for Committee to examine. In particular, the question put to Committee was whether or not Chapter Three of the Rules on Order and Debate provides sufficient guidance for expected conduct in the Chamber supportive of a respectful Legislative Assembly culture.

After careful consideration by Committee, it was agreed that the provisions in Chapter Three of the Rules do provide adequate guidance for Members' decorum in the Chamber, and that any grey area behaviour is a matter for the Speaker to decide upon.

Committee did however call on all Members, on both sides of the House, to be engaged during question period, prepared with questions and responses, and show the public the importance of public policy debate in the chamber.

Motions Location on Daily Orders

The daily orders are different on Tuesdays to allow for business of Standing Committees to occur earlier in a day's proceedings. This way, the important work of Committees is more accessible to members of the media and public and does not get buried under the many other items of business in the daily orders. Viewership is highest in the first few hours of a sitting day.

Considering motions often deal with pressing public issues, Committee agreed that a day where motions can be dealt with earlier on the daily orders would be appropriate.

Recommendation 6: The Standing Committee on Procedure and Privileges recommends that the following rule be added to Chapter Four:

4.1 (5) the daily orders of business in the Assembly on Thursdays shall be:

1. Prayer

2. Ministers' Statements

3. Members' Statements

4. Motions

5. Returns to Oral Questions

6. Recognition of Visitors in the Gallery

7. Acknowledgements

8. Oral Questions

9. Written Questions

10. Returns to Written Questions

11.Replies to Commissioner's Address

12.Petitions

13.Reports of Committees on the Review of Bills

14.Reports of Standing and Special Committees

15.Tabling of Documents

16.Notices of Motion

17.Notices of Motion for First Reading of Bills

18.First Reading of Bills

19.Second Reading of Bills

20.Consideration in Committee of the Whole of Bills and Other Matters

21.Report of Committee of the Whole

22.Third Reading of Bills

23.Orders of the Day

Returns to Oral Questions

In the Rules, there is no specified timeline for a Minister who takes a question on notice to provide a return. In order to align the Rules surrounding Returns to Oral Questions with the Rules surrounding Returns to Written Questions, Committee recommends:

Recommendation 7: The Standing Committee on Procedure and Privileges recommends that rule 7.2(2)(b) be amended by adding the words “within 21 calendar days, or on the first day of the next Sitting if 21 calendar days lapse between Sittings;” after the words “Return to Oral Questions”.

Oral Questions

During Oral Questions, Members are allowed one question and three supplementary questions. However, some questions require background and some answers require substantial context. This has led to a pattern where Members are often being reminded to be as short and brief as possible in their questions so that all Members have an opportunity to pose a question that day.

In an effort to keep questions and answers focused while also allowing Members time for additional rounds of questions during Oral Questions, Committee makes the following recommendation:

Recommendation 8: The Standing Committee on Procedures and Privileges recommends that rule 7.2(4) be amended by replacing the word “three” with “two”.

Amendments to Motions

Committee reviewed the current process for moving amendments to motions on the floor of the House. While there has been feedback that the process can be administrative in nature, it also ensures that important principles are upheld, such as all Members having the opportunity to be informed and aware of what exactly is being put forward, alongside an opportunity to speak to what is put forward.

The concept of introducing a separate, more expedited process for friendly amendments to motions was considered at length by Committee. However Committee could not come to an agreement on the definition of a friendly amendment. For example, if the mover of a motion concurs with an amendment to their motion, but is unaware that by concurring with that amendment to their motion, they would lose the support of their colleagues, would they still consider it a friendly amendment after the fact? As such, Committee agreed that the current process for amendments to motions, while at times administrative, is the most fair and thorough way to change a motion on the floor before the House.

Guidelines for Oral Questions

The Speaker put a simple question before Committee: do the guidelines for Oral Questions in the Rules reflect current and best practices across the country?

Committee agreed that the guidelines in the Rules are sufficient and have a good measure of leeway for Members to pose questions in a way that reflects their priorities as a Member. Committee also felt that it is the Speaker's purview to interpret and enforce the guidelines in the way he deems most appropriate. Committee respects the Speaker's role in ensuring all Members ask meaningful yet respectful questions and did not wish to over step into the Speaker's role.

Follow-up Information to Oral Questions

A large number of Tabled Documents processed through the House and the Office of the Clerk are documents that originate from Ministers that provide follow-up information to oral questions. Committee agreed that these documents should simply by filed with the Clerk and printed in Hansard rather than processed as individual Tabled Documents. Therefore, Committee recommends:

Recommendation 9: The Standing Committee on Procedure and Privileges recommends that rule 7.2(6) be amended by deleting the words “table that information in the Assembly” and replacing them with the words “file that information with the Clerk”.

Recommendation 10: The Standing Committee on Procedure and Privileges recommends that rule 7.2(7) be added:

Under the item “Oral Questions”, the Clerk shall inform the Assembly of the follow-ups to oral questions received, deliver copies to the Members who asked the questions, and have the returns printed in Hansard.

Petitions

The Speaker put to Committee whether or not more sites should be approved as a petition platform for Members with the increase in e-petitions seen recently, and how petitions can be made more accessible for residents with disabilities.

Research in how other jurisdictions deal with petitions was not particularly helpful to Committee because most jurisdictions do not allow for websites as approved petition platforms (they either have an e-petition platform built in-house or only accept written submissions). Further, the topic of petition accessibility is fairly new for Legislatures and does not have a large body of research for Committee to review. However, Committee agrees that this topic is important and warrants a response. Committee requires more time to consider this matter fulsomely.

Points of Clarification in Committee of the Whole

In the Speaker's referral, the Speaker asked Committee to consider if there should be an opportunity in Committee of the Whole for Members to seek points of information or clarification, or other interjections that would allow Members to ask questions of each other more freely.

One avenue Committee considered with this referral was replicating a rule that exists at the Senate of Canada. At the Senate, Rule 6-2 (2) reads as follows:

“A Senator may, with leave of the Senate, speak a second time in a debate for no more than five minutes in order to explain any misunderstanding arising from the original intervention. No new matter shall be introduced while explaining the misunderstanding.”

After further investigation, Committee came to the conclusion that because the rule at the Senate requires leave of the Senate, this would not allow for the dynamic nature of seeking information or clarification in a Committee of the Whole exchange like the referral suggests.

Committee ultimately decided that the back-and-forth style of questions permitted between Members and witnesses within a Member's alotted 10 minutes during Committee of the Whole provides for sufficient opportunities for Members to seek information or clarification.

Sitting Hours

Sitting hours has been an ongoing discussion throughout the first year of the 20th Assembly. Members desire predictability for sitting hours to make appropriate family arrangements, and for the benefit of the Assembly's interpreters (most of whom are Elders).

Committee considered discussions on this topic that occurred at Caucus as well as a jurisdictional scan as to what sitting hours exist in other Legislatures, and what measures are in place to determine their predictability. Every Legislature is unique and it was challenging to compare these measures with other jurisdictions including the amount of business before an Assembly, how far Members have to travel to be present for a sitting, and the dynamics of party politics that are factored into the Rules of other jurisdictions.

Committee did note that some jurisdictions have designated days of the week that will be late sitting nights in their Rules. The expressed desire for predictability that is currently prevalent in this Assembly is evidence to Committee that late sitting nights should be formalized in the Rules.

Committee makes the following recommendations:

Recommendation 11: The Standing Committee on Procedure and Privileges recommends rule 2.2(1) be deleted and replaced with the following:

2.2(1) Unless otherwise ordered, the sitting hours of the Assembly shall be as follows:

(a) Mondays and Wednesdays from 1:30 p.m. to 6:00 p.m.

(b) Tuesdays and Thursdays from 1:30 p.m. to 8:00 p.m.

(c) Fridays from 10:00 a.m. to 2:00 p.m.

Recommendation 12: The Standing Committee on Procedure and Privileges recommends that rule 2.2(2) be amended by replacing the words “At 6:00 p.m. on Mondays, Tuesdays, Wednesdays and Thursdays, and at 2:00 p.m. on Fridays” with “At the designated adjournment time of a Sitting day.”

Recognition of Visitors in the Gallery

The concept of recognizing visitors in the Gallery is an important one in the Northwest Territories Legislative Assembly. The Legislature is informally known as the ‘Place for the People' and Members tend to be quite connected to their constituents. While there is currently a practice of some visitors to the Gallery being recognized by multiple Members, this is something that does occur in other Legislatures, and Committee agreed that this practice does not cause disorder or take up too much of the House's time to require a rule change.

Minister's Statements in Committee of the Whole

The Rules currently allow for a motion to be moved to refer a Minister's Statement to Committee of the Whole without notice directly after the Minister delivers the statement. However, once the Minister's Statement is considered in Committee of the Whole, Members may speak to the Minister's Statement for up to 10 minutes each and there are no further actions that can be taken. Committee was asked to consider options for how Minister's Statements can be considered in Committee of the Whole.

Committee concluded that a more meaningful activity that could occur in Committee of the Whole with a Minister's Statement is an opportunity to ask the respective Minister questions about their statement. Committee also thought it would be appropriate to ensure Ministers can bring senior officials with them to assist in answering questions in Committee of the Whole. Therefore, Committee recommends:

Recommendation 13: The Standing Committee on Procedure and Privileges recommends that the following rule be added to Chapter nine:

9.1 (15) When Committee of the Whole is considering a Minister's Statement, questions relating to the content of the statement shall only be directed to the Minister.

Recommendation 14: The Standing Committee on Procedure and Privileges recommends that the following rule be added to Chapter nine:

9.1 (16) When Committee of the Whole is considering a Minister's Statement, the Minister may have witnesses appear to supply information as required.

Short Titles for Bills

This referral from Committee of the Whole came from the context of a public request for a short title for a Bill. When the Standing Committee on Social Development was reviewing Bill 2: Missing Persons Act in Spring 2024, Members of the public requested that Committee rename the Bill to “Frank's Act” to honour a young individual who went missing and whose case sparked substantial public conversation about the lack of missing persons legislation in the Northwest Territories. While the title of a Bill cannot be changed as per the Rules, in other jurisdictions Bills can have two titles: one longer, descriptive title, and one shorter, often more politicized or simple title. The Standing Committee on Social Development could not action this request from the public to add “Frank's Act” as a second title to the Bill because there are no provisions for a Bill to have two titles in Northwest Territories legislation.

Committee sees merit in the positive potential for certain pieces of legislation to have both a long and a short title to simplify for the public what an Act will do. Given ongoing and evolving regulatory changes around legislation, the Government of the Northwest Territories intends to put forward new legislation that sets out the provisions related to the making of statutes. Committee sees this as an opportunity to take note of what many other jurisdictions offer and allow for legislation to have two titles when appropriate. Committee also notes that ultimately, should this Government bring forward such a Bill, a Standing Committee will have the opportunity to review it in depth and review this matter even further.

Committee makes the following recommendation:

Recommendation 15: The Standing Committee on Procedure and Privileges recommends that the Government of the Northwest Territories bring forward legislation that includes provisions for Bills to have both a technical title and a short title.

This concludes the Committees report on its review of the Rules of the Legislative Assembly of the Northwest Territories.

Member from Great Slave.

Thank you, Member from Great Slave. The motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? The motion is carried. Committee Report 17-20(1) has been received and adopted by this Assembly.

---Carried

Reports of Standing and Special Committees. Member from Great Slave.

Mr. Speaker, Your Standing Committee on Procedure and Privileges is pleased to provide its Interim Report on the Report of the chief electoral officer on the Administration of the 2023 Territorial General Election.

Introduction

Pursuant to subsection 266(2) of the Elections and Plebiscites Act, the chief electoral officer must report on the administration and event initiatives seen through that office within six months following a territorial general election. The report has any matters the CEO thinks should be brought to the Legislative Assembly's attention. It also includes recommendations on how to improve election administration alongside any suggested amendments to the Act.

The Speaker tabled the CEO's report on May 21st, 2024 in the Legislative Assembly and was subsequently referred to the Standing Committee on Procedure and Privileges for review and response.

Committee sought public feedback on the CEO report from September 2, 2024 to September 27, 2024, receiving two written responses.

On September 27, 2024 committee held a public briefing with the CEO Stephen Dunbar and deputy CEO Charlotte Digness. Mr. Aleksi Toiviainen of Vote 16 Canada also provided testimony at the public hearing, speaking specifically to the recommendation from the CEO to lower the Northwest Territories voting age to 16.

Background

Due to the wildfire evacuation of almost 70 percent of the Northwest Territories population, which represented 14 of the 19 electoral districts, the Legislative Assembly passed an Act to postpone polling day for the 2023 general election on August 28th, 2023. This Act moved the previously established September 3rd, 2023, expiration date of the 19th Assembly to November 14th, 2023. The Commissioner of the Northwest Territories ordered the CEO to issue the writs of the election on October 16th within the prescribed 29-day campaign period. On election day, 34 polling locations opened across the territory for the 16 electoral districts. In total, 10,797 votes were cast, representing a 52.54 percent voter turnout.

Committee wishes to thank the CEO and staff of Elections NWT for both the management of the 2023 Territorial General Election and their work on their report. The challenges faced by Election NWT following the evacuation was unprecedented, however the election process occurred as seamlessly as possible due to their hard work and dedication to their roles.

Repeal and Replace the Elections and Plebiscites Act

The current Elections and Plebiscites Act was developed following the 2003 territorial election and first used in the 2007 territorial election. It has been substantially amended five times since: In 2010, 2014 (twice), 2018 and most recently in 2022.

The Elections and Plebiscites Act has not been wholistically reviewed since 2007. Given that previous amendments to this Act are often made to address specific issues, the CEO, throughout their report, has noted many inconsistencies, contradictions, or limitations to appropriately and flexibly support the elections processes in the Northwest Territories. Although the mass evacuation of the Northwest Territories highlighted some obvious vulnerabilities within the current Elections and Plebiscites Act, including a lack of direction and guidance for emergency management situations, this is supplemented by other challenges faced by a lack of modernized legislation. Clarity is required as modern society grapples with more varied uses of social media. This is impactful not only for advertising guidelines or the use of third-party advertisers but also for the growing use of artificial intelligence. A more modern regulatory framework that better reflects the operating reality of our everyday communications should be better reflected in the Elections and Plebiscites Act.

The CEO's report also outlines the need for more concrete guidelines for mobile polling stations, absentee ballots, and special voting opportunities. The need to ensure that more people have access to, and options for, their ability to vote is a concern that both the CEO and committee members agree with. Beyond that, updated guidelines for provision of food during candidate events or the removal of the elimination nomination deposit can be changed to better reflect national best practices in those areas.

The list of suggested amendments is extensive; however, it reflects the nature of how this important piece of legislation is ultimately updated and requires that at a certain point, a more complete update must occur. Addressing specific amendments does not necessarily ensure that more comprehensive legislative or policy goals can be addressed which has led to a lengthy list of clean-up, modernization, and consistency concerns required to be addressed throughout the current Act.

Recommendation 1: The Standing Committee on Procedure and Privileges recommends that the Legislative Assembly direct the chief electoral officer to undertake a repeal and replace of the Elections and Plebiscites Act before the end of the 20th Assembly.

Expand Elections NWT Mandate

The CEO's report highlights Elections NWT's capacity and willingness to do more to support all election activity within the Northwest Territories. Expanding the mandate of Elections NWT to include local authorities would allow for greater collaboration and support for logistics, voter list management, a more comprehensive register, improved information sharing, and to refine the capacity to deliver on election activities. Allowing Elections NWT to support local authorities has the potential to better streamline and capture important information that then feeds into more complete data sets of all communities, regardless of the type of election occurring. It also creates opportunities to reduce duplication of materials and build broader capacity throughout the Northwest Territories for election activities. The CEO's report highlights that they can and wish to play a larger role in all elections, similar to how other election bodies run throughout Canada.

Recommendation 2: The Standing Committee on Procedure and Privileges recommends that Legislative Assembly direct the chief electoral officer to engage with the Northwest Territories Association of Communities to determine how to better support local authority election activities.

Reduce The Voting Age To 16

Voter turnout in the Northwest Territories remains very low and, as noted in the CEO report, particularly low for voters under the age of 30. Committee wishes to continue their investigation into the request of the CEO to lower the voting age to 16 and will provide a separate report in the 2025 Winter Sitting of the Legislative Assembly on their findings and the response to this recommendation.

Conclusion

Committee again wishes to thank Elections NWT for their hard work, dedication, and support to not only candidates of the election but also the residents of the Northwest Territories.

Mr. Speaker, I move, seconded by the honourable Member for Hay River South, that Committee Report 18-20(1), Standing Committee on Procedure and Privileges Interim Report on the Report of the chief electoral officer on the administration of the 2023 Territorial General Election, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.

Thank you, Member from Great Slave. The motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? The motion has passed, has been received, and the report has been received and referred to Committee of the Whole.

---Carried

Reports of Standing and Special Committees. Member from Great Slave -- or no, sorry, Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Statutory Review of the Cannabis Legalization and Regulation Implementation Act.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 19-20(1), Standing Committee on Government Operations Report on the Statutory Review of the Cannabis Legalization and Regulation Implementation Act, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

The motion's in order. To the motion.