EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
So we will start with this motion here.
The Report 1 – 1(4) is referred to committee of the whole for Tuesday.
Mr. Tootoo, could you repeat your first motion.
Motion 001 – 1(4): Committee Report 1 – 1(4) to Committee of the Whole
Certainly. Mr. Speaker,
I move that the report be received by the House and moved to committee of the whole for further discussion;
Further, I move that the report be entered into the record as read.
Speaker: Do we have a seconder.
Standing Committee Ajauqtiit
Review of the Report of the Chief Electoral Officer of Nunavut:
Election of the First Legislative Assembly of Nunavut – 1999:
The Standing Committee reviewed the Report of the CEO, as well as the Elections Act generally, in order to ensure that the administration of elections will better meet the needs of Nunavummiut.
The Committee conducted community consultations with over three hundred people in seven communities in Nunavut.
The Committee also met with the CEO and elections officials from Elections NWT, Nunavut Tunngavik Inc., the Nunavut Association of Municipalities and other representatives of organizations that administer elections in Nunavut.
The Committee also had a three-day meeting with Elections Canada officials.
The Standing Committee makes over sixty recommendations in the report, including the following:
That a central elections office be established to administer elections in Nunavut, called “Elections Nunavut”;
That a working group be established, composed of representatives from the Government of Nunavut, NTI, Regional Inuit Organizations, the Nunavut Association of Municipalities, Elections Canada and other organizations which run elections at the local level to negotiate the details of how the central elections office would best meet the needs of different organizations, how the different electoral processes could be harmonized, and where the office should be located;
That a permanent voters’ list be established and an elector transfer certificate be developed for use by voters who move after revision day;
That general elections be held mid-week, in October or November;
That the election period be shortened from 45 days to 35 days and that the nomination period be shortened from 10 to 5 days;
Advance polls only be held in communities that do not have a Returning Officer; People can vote at the office of the Returning Officer for 14 days prior to election day;
That the procedure for the mail-in ballot be amended in a number of specific ways to make it work better for voters in Nunavut;
That special mobile voting stations may be used in locations such as health facilities and senior citizen’s homes and that Elders and persons with disabilities should be able to vote in their own homes by requesting the Returning Officer come to their home prior to election day;
That in multi-electoral districts, voters’ lists may be posted together in a central location and Returning Officers may establish a central office.
That innovative methods of voting may be used in the smaller settlements and camps, on a trial basis, on recommendation by the CEO;
That the section on election offences in the Elections Act be rewritten so that it is easier to understand and that more information on what constitutes an election offence be provided to the public and to candidates;
That Elections Nunavut work in consultation with the Department of Education to ensure elections are part of the curriculum for elementary and high school students and that students are advised of their voting rights;
That Returning Officers, may exercise their right to vote if they are eligible voters;
That eligible election expenses include expenses for childcare and disability related expenses during the election period;
In October 1999, the Legislative Assembly referred the Report of the Chief Electoral Officer of Nunavut, entitled Election of the First Legislative Assembly of Nunavut - 1999: A New Beginning, to the Standing Committee Ajauqtiit for review.
This report contained a number of recommendations for legislative and administrative reforms relating to territorial elections.
The election of the first Legislative Assembly in Nunavut was indeed a new beginning.
With the pending creation of the new territory on April 1, 1999, the election in February of 1999 ushered in 19 new MLAs who would form the first Legislative Assembly of Nunavut.
Although Inuit had historically governed themselves according to Inuit traditional leadership and values, their lives had been governed in modern times by institutions in Ottawa and Yellowknife.
The long cherished dream of Inuit for their own territory, fought for on the land claims table for over 25 years, and finally agreed to in the Nunavut Land Claims Agreement of 1993, came into being on April 1, 1999.
In addition to reviewing the specific recommendations contained in the CEO's report, the Standing Committee welcomed the opportunity to conduct a broader review of the Elections Act, in the hopes of making recommendations that will ensure that this important legislation will meet the needs of Nunavummiut.
This is part of the process of "beginning new", and it seemed appropriate that one of the first Acts to be reviewed in this manner by Members should be the Elections Act.
We want to administer them in a way that encourages participation, recognizes the uniqueness of circumstances of Nunavut, and at the same time are effective and fiscally  responsible."
-Hunter Tootoo, MLA (Iqaluit Centre)
Chair of the Standing Committee
The Standing Committee also appreciated the thoughtful presentation of Mr. David Hamilton, the Chief Electoral Officer, and his staff, as well as other Nunavut election officials who met with us during our consultation meetings.
The Committee hopes that the report does justice to the recommendations contained in the CEO's report.
The Standing Committee also met with Elections Canada officials over a three-day period and would like to thank these officials for their presentations on various aspects of elections at the federal level, as well as information on innovative approaches across Canada.
These meetings reinforced the importance of having elections administered by knowledgeable people, who possess expertise and a deep commitment to the fair conduct of elections.
The election for the fourteenth Legislative Assembly of the NWT took place later in the same year as the first Nunavut election.
Since the law governing the NWT election is the same law that currently is in force for elections in Nunavut, the Standing Committee Ajauqtiit felt that it would be useful to review the CEO's recommendations in his report on the NWT election.
Although not formally referred to the Committee for review, there are many more specific recommendations contained therein that would address similar problems in Nunavut elections.
As well, in his subsequent NWT report, the CEO had the opportunity to address some of the questions and suggestions made by the Standing Committee Members in their meeting with him.
The public consultations served to reinforce for the Members the notion that while elections provide the foundation, it is the interaction with the people that is and will be the lifeblood of democracy in Nunavut.
The Standing Committee hopes that this report reflects the concerns and thoughts of the more than three hundred people who so generously gave their time and reflections to our Committee.
The Standing Committee particularly thanks Nunavut Tunngavik Inc. (NTI) and the people who met with the Committee in Cape Dorset, Chesterfield Inlet, Clyde River, Iqaluit, Kugluktuk, Kugaaruk and Rankin Inlet.
i) Elections in Nunavut
Although the election in February 1999 was Nunavut's first official territorial election, elections and referenda have played a prominent role in Nunavut's history, as one of the presentations reminded the Standing Committee.
"The division of the NWT was approved in a plebiscite in 1982, where over ninety percent of the voters in what is now Nunavut voted in favour of division.
Later that year, in November, the Nunavut Final Agreement, upon which Nunavut's affairs today rest, was approved by nearly eighty-five percent.
- Paul Quassa, President of Nunavut Tunngavik Inc., April 13, 2000
As one of the Members of the Standing Committee stated at the outset of the community meetings in September:
"Although elections were not part of Inuit Qaujimajatuqangit, Inuit have embraced elections as a measure of public support throughout the land claims process and the steps leading to the creation of the new territory.
- David Iqaqrialu, MLA (Uqqummiut)
ii) The First Nunavut Election
The First Nunavut Election was administered by NWT Elections officials, under the authority of Mr. David Hamilton, Chief Electoral Officer.
This itself was a first, since previous territorial elections had been under the authority of Elections Canada and the NWT had recently negotiated the transfer of this responsibility.
There were a number of changes over previous territorial elections to accommodate the needs of the North better, and the Standing Committee acknowledges the importance of some of the measures such as the use of radio messages in Inuktitut and the preparation of election materials in Inuktitut which were mailed to each household.
The CEO's report notes that the voter turnout was 88% of the eligible list of electors, which is in keeping with the high voter turnout during previous elections and plebiscites in Nunavut.
There were relatively few incidents in the first Nunavut election (which are described in the Appendix to the CEO's report), and most of them were able to be handled with the CEO's discretion and/or will be better dealt with in the future by adopting the CEO's recommendations.
The Standing Committee's additional recommendations for changes contained in this report are not meant to reflect negatively on the work of the Chief Electoral Officer and elections officials in the first Nunavut election.
Rather, the recommendations hope to build on these initiatives to meet the specific needs of Nunavummiut even more so, as well as continuing to modernize our election processes.
iii) The Legislative Framework
The first election for the Legislative Assembly in Nunavut was governed by a specific piece of legislation adapted from the existing NWT elections law, entitled The Nunavut First Elections Act.
However, on April 1, as per the Nunavut Act, the laws currently in force in the NWT became the laws of Nunavut.
Therefore, the Standing Committee has focused its attention on the Elections Act that was duplicated from the NWT, which is the present law that will govern any future elections in Nunavut.
There are other pieces of legislation that also impact on elections.
Prior to April 1, 1999, there was a piece of legislation entitled the Electoral Boundaries Commissions Act.
This Act provided for the process to be followed by two Electoral Boundaries Commissions, one for Nunavut and one for that part of the NWT that would not be included in Nunavut.
It was this Commission that previously received public input and made recommendations for the boundaries that would form the first electoral districts in Nunavut.
However, this piece of legislation was repealed on June 30, 1999, by a clause contained in the statute.
While our Standing Committee did not review this legislation specifically, issues relating to the boundaries were raised during the public consultation.
There are some recommendations on this issue later in the report.
The Legislative Assembly and Executive Council Act also contains some sections that specifically relate to Members and the consequences for Members who have been expelled and/or resigned from the House, in terms of their ability to run again for a seat in the Legislative Assembly.
Again, while our Standing Committee did not specifically review this legislation, issues relating to the right to run for office of former Members who have been in conflict with the law were raised in the public meetings.
There are also two other pieces of legislation: the Plebiscite Act, which provides the rules for referenda and the Local Authorities Elections Act, which provides the rules for Hamlet elections and local organizations.
Again, the Standing Committee did not specifically review these pieces of legislation, but our report makes some recommendations on a few areas that would impact local elections and plebiscites.
There are also a number of regulations that have been passed over the years under the authority of the Elections Act, which form part of the legislative framework in Nunavut now: Mail-In Voting Regulations, Tariff of Fees Regulations, Correctional Institution Voting Regulations and Elections Forms Regulations.
Some of these may change in light of the recommendations in this report.
The Standing Committee recognizes that many of the current sections of existing legislation on elections serve Nunavut well.
However, because the Elections Act is such an important statute, and because there are many recommendations contained in this report that will require amendments to the existing legislation, the Standing Committee is of the opinion that a new Elections Act should be introduced by the Government of Nunavut.
This will also provide an opportunity to reorganize, consolidate and rewrite the existing legislation to be more understandable to the people of Nunavut.
General Recommendations:
Recommendation #1: That the Government of Nunavut introduce a new Elections Act for Nunavut, rather than amending the current statute.
Recommendation #2: That the new Elections Act for Nunavut incorporate the recommendations contained in this report.
Recommendation #3: That the new Elections Act for Nunavut be written in a manner that is easily understood by voters, candidates and election officials.
Recommendation #4: That the Government of Nunavut review all legislation which impacts on elections to determine if any of these Acts could be incorporated into one Elections Act for Nunavut; ensure they are written in plain language; and ensure that any consequential amendments or similar amendments to those made in the Elections Act for Nunavut are made in other relevant legislation.
iv) The Cost of the Election
The Report of the Chief Electoral Officer notes that the first Nunavut territorial elections cost almost $1 million ($977,035 in direct expenditures by Elections Nunavut, plus $161,591.38 in candidate election expenses).
The report notes that the CEO reviewed the salaries paid to various election personnel and based on the cost of living, these salaries were raised for the first Nunavut election.
The Standing Committee was advised that the main principle governing salaries is that the Returning Officers and other elections staff in each electoral district are paid essentially the same total amount for their services during the election.
Since salaries form the bulk of the elections expenses, the expenses seem appropriate to the Standing Committee, based on the information provided.
Nunavut has the largest landmass of any jurisdiction in Canada, and although its population is small, the cost of providing services across Nunavut is high.
It is likely that these administrative expenses will continue to rise in the future, as there are 26 growing communities and 19 electoral districts, each of which requires administrative services for an election.
The Standing Committee also received several representations on election expenses and staffing issues, to the effect that salaries are still low for the qualifications and the amount of time expended by some workers at election time and do not reflect the cost-of-living in different communities in Nunavut.
As well, some communities also felt they were short-staffed for the work required in light of increasing or transient populations.
The Standing Committee also notes that the Chief Electoral Officer was in fact also the Clerk of the Legislative Assembly of the NWT and there were no additional costs associated with his appointment or service.
This will need to be considered if the appointment of a CEO in Nunavut were to be made to a stand-alone official who would require a separate salary and office.
The Standing Committee is only too aware that there are many needs for every dollar in Nunavut. A million dollars is a lot of money to spend on an election and the Committee felt compelled to examine ways in which this money could be spent more effectively.
Running elections in Nunavut faces the same challenges, only more so, since elections are only needed from time to time and much of the infrastructure and personnel must be put in place anew each time.
Presently, approximately $250,000 for expenses associated with the office of the Chief Electoral Officer have been allocated in the annual estimates of the Legislative Assembly.
Presumably, this covers the periodic costs associated with by-elections and other electoral processes between elections.
It will be important to accurately project the costs of the next territorial election as soon as possible, so that it can be incorporated into the budget planning process.
As the Standing Committee discovered during its public consultations, there are many levels of government that run elections in Nunavut that are interested in the same issues: federal, territorial and local governments; housing associations; DEAs; NTI; Regional Inuit Organizations; and others.
Collaboration will result in some creative options that might result in cost-savings, as well as generate options for doing more with the money we have all put aside for elections.
This is the Nunavut way of doing things, which the Standing Committee believes should be encouraged.
Recommendation #5: That the Government of Nunavut determine the full costs of running territorial elections, including staff time, so that proper budgeting can occur and effective analysis can be done of where cost-savings may be realized by considering various options for administering elections in Nunavut.
Recommendation #6: That the Government of Nunavut request information from the other levels of government and other organizations regarding the full cost of running their elections in Nunavut, including staff time, so that an effective analysis can be done of where cost-savings may be realized by considering various options for administering elections in Nunavut.
Principles and Values
As the Standing Committee conducted its review, a number of key principles and values emerged that should form the basis of a new Elections Act in Nunavut.
The following principles and values underpin the recommendations that follow in the report.
Since the Elections Act is the key document containing the rules governing elections, it should be easy to understand by everyone in Nunavut.
It should be written as much as possible in plain language.
Elections processes should be simplified as much as possible, without compromising the integrity of the process, so that everyone knows what they can and cannot do in elections.
The electoral system should encourage participation.
Our goal should be 100% voter turnout.
The rules governing elections should make it possible for every eligible elector in Nunavut to vote if they wish to, taking into consideration the unique circumstances in Nunavut.
Any person who wishes to be a candidate in Nunavut should be encouraged and facilitated in doing so, regardless of their income, employment or position in the community.
The rules governing elections should minimize barriers and try to put candidates on a level playing field.
Candidates should understand the very real responsibilities of being a role model and a leader for their community.
There should be more public awareness of all aspects of elections.
Information at every stage of the election process should be in the official languages of Nunavut.
We should cooperate as much as possible with other jurisdictions and levels of government and organizations running elections within Nunavut, to share information and resources, to learn together, to pool and train staff and to deliver better election services to all our constituents.
Elections should be run as effectively and efficiently as possible.
The rules governing elections should incorporate flexibility to address unique circumstances in Nunavut as they arise, be they geographic, demographic, linguistic, or otherwise, in addition to new technologies.
Although representatives are elected at the community level, we are all from Nunavut and work for Nunavut.
We should continually evaluate our election processes, to learn from our experiences in order to ensure they are meeting the needs of Nunavummiut.
Recommendation #7: There should be a principles section in any new legislation dealing with elections, incorporating the above principles and values.
Recommendations on Key Issues
(i) Election Administration and Officials - Working Together
In a jurisdiction such as Nunavut, with a small population but a huge geographic area, the need to work together is crucial.
Inuit have survived because of their ability to collaborate to meet the needs of their community.
This spirit infused the discussions on elections.
As noted earlier, there are a large number of elections that happen periodically in Nunavut, for different levels of government, including federal, territorial and municipal bodies, as well as organizations such as NTI, Regional Inuit Organizations, District Education Authorities, Housing Associations, Hunters’ and Trappers’ Organizations and others.
Each of these elections requires the production of electors' lists, the establishment of temporary election offices, the training of election personnel and preparation of voter information.
There are many difficulties associated with these tasks, compounded by the fact that they must be repeated at various intervals.
If all of these organizations could work together, the Standing Committee is of the opinion that this would reduce duplication, maximize the use of existing resources, encourage better continuity and knowledgeable elections staff, expand the range of services available and provide more effective elections.
For example, a central elections office could have one or two core officials who are jointly appointed for specific functions; which takes on staff on secondment from different organizations or levels of government depending on the election or the task [e.g. data entry for lists], conduct joint training of staff, prepare common voter education information and other initiatives.
NTI was supportive of this idea in principle and recommended that a working group be established to further review some of the issues and generate administrative options.
The Standing Committee agrees that this would be a positive next step.
In order that work can begin now to ensure changes are in place for the next election, the Standing Committee is of the opinion that a permanent Chief Electoral Officer should be appointed at the earliest opportunity.
In order to facilitate the working group and in looking forward to the possibility of working together more permanently on elections, the CEO's appointment should be done in consultation with NTI and the other levels of government administering elections in Nunavut.
As with other appointments by the Legislative Assembly, the approach taken should advertise the position to the public and a competency- based selection process should be undertaken by the Legislative Assembly.
The Standing Committee notes that many of the smaller communities would like any central elections office to be established in their communities and this request was made to the Committee.
However, since the idea of the central office is that it be very limited in size, but work in solid partnership with a number of different organizations, the Committee feels that the organizations themselves are in the best position to decide where the office should be situated to maximize the use of existing staff and resources and make recommendations in this regard.
Recommendation #8: That a central elections office be established to administer elections in Nunavut, called "Elections Nunavut".