Members' Handbook
STATUTORY OFFICERS
22. OFFICE OF THE CHIEF ELECTORAL OFFICER
22.1 ELECTIONS AND PLEBISCITES ACT
The Elections and Plebiscites Act provides the framework for the conduct and administration of elections for Members of the Legislative Assembly. The Office of the Chief Electoral Officer of the Northwest Territories (Elections NWT) is an independent office of the Legislative Assembly.
Elections NWT conducts and administers general elections, by-elections and plebiscites in the Northwest Territories according to legislation enacted by the Legislative Assembly. Its principal mandate is to educate, inform and empower all eligible electors and candidates in the Northwest Territories to exercise their democratic rights outlined in the Canadian Charter of Rights and Freedoms, so that they may participate fully in the election process.
22.2 Duties of the Chief Electoral Officer
The Commissioner, on the recommendation of the Legislative Assembly, appoints the Chief Electoral Officer. The Chief Electoral Officer holds office for a term commencing on the day of their appointment and expiring 18 months following the next general election.
The Chief Electoral Officer is independent of the Executive Council and the Legislative Assembly. Financial resources for the office are provided from the Legislative Assembly appropriations. The Chief Electoral Officer’s duties are provided for within the framework of the Act. The main duties are to:
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exercise general direction and supervision over the administrative conduct of an election and enforce on the part of all election officers fairness, impartiality and compliance with the Act;
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design a program for the dissemination to the electors of information pertaining to an election; and
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perform all other duties assigned by the Act.
The Chief Electoral Officer is required to submit a report to the Assembly within six months after a general election that outlines the conduct of the general election and may make recommendations at any time for amendments to the Act that the Chief Electoral Officer feels would improve the administration of the Act.
During non-election years, eligible electors have the opportunity to provide new information to the Office of the Chief Electoral Officer or to update or correct existing information on the Register of Territorial Electors to ensure that their names appear on the list of electors for the electoral district in which they reside. Personal information provided to the Office of the Chief Electoral Officer is kept confidential and used only for election purposes.
Joint partnerships exist with a number of municipalities for the development and enhancement of the Register of Territorial Electors. The Chief Electoral Officer provides assistance and support to the Northwest Territories Electoral Boundaries Commission.
23. OFFICE OF THE LANGUAGES COMMISSIONER
23.1 OFFICIAL LANGUAGES ACT
In October 2003, the Northwest Territories Legislative Assembly passed amendments to the Official Languages Act establishing English, French, Cree (Nēhiyawēwin), Chipewyan (Dëne Sųłıné Yatıé), Tlicho (Tłı̨chǫ Yatıì), Gwich’in (Dinjii Zhu’ Ginjik), North Slavey (Sahtúot’ı̨nę Yatı̨́), South Slavey (Dene Zhatıé), Inuktitut (ᐃᓄᒃᑎᑐᑦ), Inuinnaqtun and Inuvialuktun as official languages of the NWT.
This Act applies to institutions of the NWT, Legislative Assembly and of the Government of NWT (departments, agencies, boards, etc.). It does not apply to municipal councils, the Federal Government or private businesses. The Official Languages Act also provides for the appointment of a Languages Commissioner.
The Languages Commissioner of the NWT is appointed by the Commissioner, on the recommendation of the Legislative Assembly, for a four-year term. The Languages Commissioner holds an Ombud-like role and is independent of the government. The resources for the office are provided from Legislative Assembly appropriations, and the Languages Commissioner must appear before the Board of Management to defend their budget.
The independence of the office is demonstrated by the fact that the Languages Commissioner reports to the Legislative Assembly and not to a Minister. The Languages Commissioner’s independence assures all parties that, when a complaint is made against a government institution, there is a process available for an impartial review.
23.2 DUTIES OF THE LANGUAGES COMMISSIONER
The Languages Commissioner’s duty is to ensure that institutions of the Legislative Assembly and of the Government of NWT respect the spirit, intent and provisions of the NWT Official Languages Act and the provisions of any other Act or regulation relating to the status or use of official languages. In carrying out these duties, the Languages Commissioner may initiate investigations or may investigate matters after receiving a complaint from any person or group. The Languages Commissioner must hear all legitimate complaints where an institution of the government or of the Legislative Assembly is alleged to have failed to comply with its obligations relating to official languages.
The Languages Commissioner does not issue decisions or orders and cannot force a government institution to act, or cease to act, in a certain way. They are limited to reporting findings and making recommendations, although there is an onus on the government to respond to the recommendations. The Languages Commissioner can also appear on behalf of any person or as a party in court proceedings relating to the Official Languages Act. Amendments to the Official Languages Act passed in October 2003, confined the role of the Languages Commissioner’s Office to that of monitoring compliance to the Official Languages Act. Responsibility for reviewing the rights and status of the NWT’s Official Languages and for reviewing the maintenance, promotion and preservation of aboriginal languages has been transferred to the Official Languages Board and the Aboriginal Languages Revitalization Board respectively.
The Languages Commissioner, along with the Government of Northwest Territories, provides information to the public on matters relating to official languages.
Each year, the Languages Commissioner must submit a report to the Legislative Assembly relating to the conduct of the office and the discharge of their duties during the preceding year. The report includes recommendations for amendments to the Official Languages Act. A Standing Committee of the Legislative Assembly is responsible for reviewing the annual reports and any other reports of the Languages Commissioner.
24. OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER
24.1 ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
The Access to Information and Protection of Privacy Act was passed in 1994 and came into force December 31, 1996.
The Act was created to promote, uphold and protect access to the information that government creates and receives and to protect the privacy rights of individuals. The Act gives members of the public a legal right to access information held by GNWT public bodies. It also sets out specific conditions regarding refusal of access. These are aimed primarily at protecting individual privacy rights and the ability of elected representatives to research and develop policy. For example, access will not be given to cabinet documents, information that would unreasonably invade a third party’s personal privacy or information that could harm a police investigation.
The Act also restricts the collection and use of personal information by public bodies, and provides conditions for the disclosure of personal information. As well, the Act allows individuals to access and correct personal information about themselves.
24.2 DUTIES OF THE INFORMATION AND PRIVACY COMMISSIONER
The Information and Privacy Commissioner is appointed by the Commissioner, on the recommendation of the Legislative Assembly, for a term of five years. The Information and Privacy Commissioner is independent of the government, and resources for the office are provided from Legislative Assembly appropriations. The Information and Privacy Commissioner reports directly to the Legislative Assembly. The independence of the office is essential for it to maintain its credibility and ability to provide an impartial review of the government’s compliance with the Act.
The role of the Information and Privacy Commissioner is to provide an independent review of discretionary decisions made by public bodies under the Act. A person who disagrees with the decision of a public body relating to access to information, or the correction of personal information, may ask the Commissioner to review the decision. The Commissioner will review the decision and prepare a report setting out reasons for agreement, disagreement, or request the public body to follow the Commissioner’s orders set out in section 35 of the Act. If the Commissioner concurs with the decision of the public body, the report must include a statement setting out the appeal rights of an applicant and a third party.
Each year, the Information and Privacy Commissioner must submit a report to the Assembly on their activities during the previous year and provide an assessment of the effectiveness of the Act. The Commissioner also may receive representations about the operation of the Act, and provide the government with comments on legislative schemes or government programs in so far as they affect either the ability to access information or the distribution of private personal information by a government body.
The Information and Privacy Commissioner plays a similar role under the Health Information Act (HIA). The Act, which came into force on August 1, 2016, ensures that individuals have the right to know about how their personal health information is collected, used and shared, and that they can put limits on how that information is collected, used and shared.
The HIA requires that health care providers put in place access controls, such as role-based access to electronic health information systems, to ensure that only those health care providers with a legitimate reason to view someone’s personal health information are able to see the information.
The HIA requires that when collecting a person’s personal health information or using it, health care providers must ensure that this information is accurate and complete.
The HIA also requires that when an individual’s personal health information is not used properly or goes missing, or there is any kind of privacy breach, those responsible must tell the individual as soon as possible.
Finally, under the Health Information Act, individuals have the right to request a review by the Information and Privacy Commissioner if they believe their health information has been breached, how their information has been used, or if they have concerns over an access or correction request made.
25. OFFICE OF THE ITEGRITY COMMISSIONER
25.1 LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL ACT
The conflict of interest and Code of Conduct provisions of the Legislative Assembly and Executive Council Act were designed to create a regime in which NWT residents know what is expected of Members of the Legislative Assembly and where to voice concerns. The Act provides for an Integrity Commissioner’s office and sets out a defined procedure for dealing with conflict of interest and code Conduct investigations.
25.2 Duties of the integrity Commissioner
The Integrity Commissioner is appointed by the Commissioner on the recommendation of the Legislative Assembly for a term of four years. The Integrity Commissioner is independent from government, and resources for the office are provided from Legislative Assembly appropriations. The Commissioner is required to submit an annual report to the Assembly on their activities during the previous year.
The Integrity Commissioner provides advice to Members on how to arrange their business and financial affairs to comply with the Act. Where a Member complies with the advice and recommendations, no proceeding may be taken against the Member under the Act. The Commissioner also conducts investigations into conflict of interest and code of conduct complaints against Members. After conducting an investigation into a complaint, the Commissioner may dismiss the complaint or direct that an inquiry be held before a Sole Adjudicator.
As well, either the Speaker or the Premier may request the Integrity Commissioner to provide them with confidential advice and recommendations on any matter respecting conflicts of interests of Regular Members or Members of Cabinet, respectively.
Finally, the Commissioner maintains a public disclosure registry, which is available to the public and has various specific authorities. For example, the Commissioner may approve the provisions of a trust entered into by the Speaker or a Minister, may authorize Members, former Members and corporations to accept contracts with the government that would otherwise be prohibited and may grant Members time extensions in order to carry out requirements necessary under the Act.
26. OFFICE OF THE HUMAN RIGHTS COMMISSION
26.1 HUMAN RIGHTS ACT
The Human Rights Act came into force on July 1, 2004. The Act was established to recognize that in the Northwest Territories every individual is free and equal in dignity and rights, without regard to their race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity, marital status, family status, family affiliation, political association or social condition and without regard to whether he or she has had a conviction for which a pardon has been granted. It also recognizes the vital importance of promoting respect for and observance of human rights in the Northwest Territories, including the rights and freedoms protected under the Canadian Charter of Rights and Freedoms, and under international human rights instruments.
26.2 DUTIES OF THE HUMAN RIGHTS COMMISSION
The Commission, comprised of three to five Members, is appointed by the Commissioner on the recommendation of the Legislative Assembly.
The Commission has been established to promote understanding of the legislation, develop educational programs for the public, conduct research and monitor compliance with the Act. The Commission must also table an annual report detailing the complaints filed or initiated under the Act as well as the general activities of the Commission.
The Commission is completely independent of the Government, and resources for the office are provided from the Legislative Assembly’s appropriation.
26.3 DUTIES OF THE DIRECTOR OF HUMAN RIGHTS
The Director and Deputy Director of Human Rights, reporting to the Commission, are also appointed by the Commissioner, on the recommendation of the Legislative Assembly.
The Director of Human Rights is responsible for the managerial and administrative aspects of the Commission’s office and administration of the Act. The Director maintains a public registrar of complaints and provides the Commission with a written report on the status and disposition of complaints, every three months. The Director may investigate, dismiss or refer complaints to an Adjudication Panel, which is also appointed by the Commissioner on the recommendation of the Legislative Assembly.
26.4 DUTIES OF THE HUMAN RIGHTS ADJUDICATION PANEL
The Adjudication Panel, comprised of at least three persons, is appointed by the Commissioner of the Northwest Territories, on the recommendation of the Legislative Assembly, pursuant to Section 48 of the Human Rights Act. The panel is responsible for considering complaints referred to it by the Director of Human Rights, and for hearing any appeals of the Director’s decision regarding the dismissal of a complaint.
27. OFFICE OF THE EQUAL PAY COMMISSIONER
27.1 PUBLIC SERVICE ACT
The Public Service Act was amended in June of 2003 to create the Office of the Equal Pay Commissioner.
The Act provides that public service employees must not, on the basis of sex, be paid a lower rate than other employees who perform work of equal value. The Act also sets out an appeal process and outlines what is and is not a contravention of the Act.
27.2 DUTIES OF THE EQUAL PAY COMMISSIONER
The Equal Pay Commissioner is appointed by the Commissioner of the Northwest Territories on the recommendation of the Legislative Assembly. The Equal Pay Commissioner holds office for a term of four years.
The Equal Pay Commissioner shall prepare and submit to the Speaker a report on the Activities of the Office of the Equal Pay Commissioner during the preceding year. The Speaker shall lay this report before the Legislative Assembly as soon as possible.
The Equal Pay Commissioner shall receive complaints, conduct investigations and assist parties in resolving complaints. The Commissioner shall also promote awareness and understanding of the right to equal pay for work of equal value.
28. OFFICE OF THE OMBUD
28.1 OMBUD ACT
The Ombud Act was passed in November 2018. Sections 1-14 of the Act came into force April 2019 with the remaining portions coming into force in November 2019. The Act provides the legislative framework for the Ombud to investigate, review investigation results and recommend appropriate courses of action. An investigation can be commenced based of a complaint made by a person, group of persons, or on the Ombud’s own initiative. The Ombud Act also provides for the appointment of the Ombud.
28.2 DUTIES OF THE OMBUD
The Ombud is appointed by the Commissioner on the recommendation of the Legislative Assembly. The Ombud holds office for a term of five years. The Ombud’s duty is to promote fairness in public administration and investigates complaints associated with all territorial government departments, agencies, authorities, boards and councils. The Ombud is to manage a confidential and independent process that facilitates fair and equitable resolution of complaints and use negotiation, conciliation, mediation or other non-adversarial approaches to resolve any problem raised in a complaint. The Ombud can also investigate and report on a matter referred to by the Legislative Assembly or a Standing Committee, so far as the matter is within jurisdiction of the Ombud, and investigate and report on a matter referred to by a municipality or an Indigenous government relating to the administration of that body. The Ombud is also responsible for building awareness of the value and importance of the complaints reporting process and promote a culture of fair treatment of service to recipients, including development and delivery of customized training, and for the promotion of the Office of the Ombud to inform the public about the principles of administrative fairness and their powers and duties.
Each year, the Ombud must prepare and submit to the Speaker a report on the activities of the Ombud’s office and the exercise of the powers and the performance of the duties of the Ombud during the preceding fiscal year.