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MLAs get input on Ombudsperson Act

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Kam Lake MLA Kieron Testart

A committee of MLAs visited Hay River on Oct. 1 to get feedback on legislation to create an ombudsperson for the GNWT.

In general, the seven people who showed up at the public hearing seemed favourably disposed to the idea.

Only Jane Groenewegen, a former MLA for Hay River South, offered any kind of doubt about an ombudsperson, even though she still thinks it's a good idea.

Groenewegen noted NWT residents already have very good access to MLAs and even cabinet ministers.

Plus, she noted there are already a languages commissioner, privacy commissioner, a human rights commission, a rental officer and others overlooking government operations.

"We do have a lot of different authorities already that we can take issues and complaints to if we've exhausted other avenues," she said, noting she is not sure how they will interact with an ombudsperson.

"However, even with all that coverage, there are still things that do come up that it does seem that it's impossible to get an appropriate response to," she said, adding it is possible for government to stonewall an MLA looking for information.

Kam Lake MLA Kieron Testart, the chair of the Legislative Assembly's Standing Committee on Government Operations, makes a point during an Oct. 1 public hearing in Hay River on the Ombudsperson Act. Paul Bickford/NNSL photo
Kam Lake MLA Kieron Testart, the chair of the Legislative Assembly's Standing Committee on Government Operations, makes a point during an Oct. 1 public hearing in Hay River on the Ombudsperson Act. Paul Bickford/NNSL photo

The public hearing on the Ombudsperson Act was held by the Legislative Assembly's Standing Committee on Government Operations.

Yellowknife's Kam Lake MLA Kieron Testart, the committee chair, noted the government introduced the bill and it was referred to the committee for review.

"Bill 20 Ombudsperson Act establishes an ombudsperson for the Northwest Territories as an arms-length officer of the legislature acting on behalf of Northwest Territories residents who have concerns about how they're being treated in their dealings with the Government of the Northwest Territories," he explained. "The ombudsperson will have broad investigative powers to determine if the GNWT, including its boards and agencies, is conducting its business according to established laws, policies and principles and procedural fairness. The ombudsperson will also have the authority to make nonbinding recommendations to the GNWT to improve its legislation, policies and procedures."

Testart noted the committee has "long supported" the creation of an ombudsperson for the NWT.

The committee chair said an ombudsperson would not be to make the work of MLAs easier, but instead is a tradition of accountability in parliamentary democracies around the world.

There are some things that MLAs cannot do in their roles, such as hours-long investigations into public policy in areas of government administration, he said. "We don't have the staffing or the resources or the access to do those things. So this office will ideally serve as another tool to improve value for money and services to the public."

Testart noted he hasn't seen a costing proposal for an ombudsperson.

The MLA pointed out the legislation has been written so that a languages commissioner, access to information commissioner or privacy commissioner could also serve as an ombudsperson.

Deh Cho MLA Michael Nadli noted a report during the 17th Assembly projected the cost at about $400,000 for the first year and about $600,000 for the second year.

Nadli noted only three provincial or territorial jurisdictions in Canada – Prince Edward Island, Nunavut and the NWT – don't have ombudspersons.

"I think it's an opportunity to try and improve government," he said.

Hay River North MLA R.J. Simpson noted an ombudsperson is independent from government and politicians.

"When an ombudsperson comes forward with a decision, it carries some more weight," Simpson said, adding an ombudsperson can also dig deeper into an issue.

Testart noted the standing committee will make a report on the ombudsperson legislation during the Legislative Assembly's upcoming sitting beginning on Oct. 11.