N.W.T. MLAs unanimously pass act to establish ombudsman in the territory

The Northwest Territories legislature passed the act to establish an ombudsman in the territory, giving residents a recourse in their dealings with the government. 

MLAs unanimously passed the Ombud Act's third reading and it received royal assent from Commissioner Margaret Thom Thursday, the final day of the fall sitting of the Legislative Assembly. ​

It was originally titled the Ombudsperson Act, though a committee of MLAs decided to use the word "ombud" instead as it remains gender neutral and is less wordy than "Ombudsperson." 

A committee of MLAs first introduced the motion to set up the the office in 2014, and the process has been ongoing since then. The act is retroactive to Jan. 1, 2016, meaning that the ombudsman will be allowed to look into cases beginning at that time, according to Yellowknife Centre MLA Julie Green. 

• N.W.T. MLAs vote in favour of creating ombudsman office

The act allows for an ombudsman to be appointed to investigate complaints about the administrative fairness of the government and sets out the rules for how they will act. 

That person will be allowed to investigate decisions or actions by the government and they would then report their findings back to the Legislative Assembly, or standing committee as required, according to the bill. The office will work similarly to the office of the privacy commissioner, but the ombudsman has some leeway into solving issues informally. 

But, the act lays out several areas or people the ombudsman will not have power to investigate. That includes:

• Decisions or actions taken by the Legislative Assembly, a standing committee of MLAs, cabinet, or a cabinet committee.

• The court, a judge or justice of the peace while in court proceedings

• Lawyers working for a government body.

• A situation where there is a right of appeal or objection previously established until after the appeal process is exhausted.

In situations where it is not clear whether the ombudsman will be able to investigate, the matter will go to the Northwest Territories Supreme Court for a decision.

Now that the bill has passed, this position may be appointed, though it's not clear when that will happen.