Oral Questions, Fire Prevention Act, Climate Change — 28 February 2023 (19th Assembly, 2nd Session, pp. 5441–5516)
2023-02-28, 19th Assembly 2nd Session, pp. 5441–5516
Northwest Territories — Debates (Hansard)
Debates of Feb. 28th, 2023
This is page numbers 5441 - 5516 of the Hansard for the 19th Assembly, 2nd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library.
The word of the day was know .
Topics
Oral Questions
Members Present
Prayer
Prohibition Creek Access Road Project Progress Update
Workers' Safety and Compensation Commission 2022 Identifying Injury Trends and Actions Taken
Public Participation in Resource Development
Flood Mitigation
Aurora College - Decommissioning the Last Residential School
Child Care Supports and High School
Funding for Elders Who Provide Care, Support and Guidance to Youth
Highway Infrastructure Training
Food Security
Northview Leasing
Eulogy for Ariel Duntra
Federal Legislation for Child and Family Resources
Committee Report 43-19(2): Report on Review of Bill 63,
An Act to Amend the Official Languages Act
Bill 67:
An Act to Amend the Fire Prevention Act
Committee Report 43-19(2): Report on Review of Bill 63,
An Act to Amend the Official Languages Act
Committee Report 44-19(2): Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous Peoples and Negotiating Agreements
Flood Mitigation
Food Security
Open Government Policy
Support for Grandparents Raising Grandchildren
Decommissioning Last Residential School in the Northwest Territories
Child Care Supports for High School Students
Heavy Equipment Operator Training and Employment
Cooperation between Income Support and Child and Family Services
Lease Payments to Northview REIT
Child Care Funding Supports for Teen parents
Options for Child and Youth Care Counsellors to Deliver More Services
Return to Written Question 56-19(2): Municipal Infrastructure Gap
Tabled Document 860-19(2): Government of the Northwest Territories Response to Motion 64-19(2): Suicide Prevention
Tabled Document 861-19(2): Government of the Northwest Territories Response to Committee Report 36-19(2): Report on the Review of the 2020-2021 Public Accounts
Consideration In Committee Of The Whole Of Bills And Other Matters
2023-2023 Main Estimates, Municipal and Community Affairs, Deferral of Department (page 331)
Report Of Committee Of The Whole
Orders Of The Day
Members Present
Hon. Diane Archie , Hon. Frederick Blake Jr., Mr. Bonnetrouge , Hon. Paulie Chinna , Ms. Cleveland , Hon. Caroline Cochrane , Mr. Edjericon , Hon. Julie Green , Mr. Jacobson , Mr. Johnson , Ms. Martselos , Ms. Nokleby , Mr. O'Reilly , Ms. Semmler , Hon. R.J. Simpson , Mr. Rocky Simpson , Hon. Shane Thompson , Hon. Caroline Wawzonek , Ms. Weyallon Armstrong
The House met at 1:32 p.m.
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---Prayer
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Prayer
Prayer
Page 5441
The Speaker
Frederick Blake Jr.
Ministers' statements. Minister responsible for Infrastructure .
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Minister's Statement 316-19(2): Prohibition Creek Access Road Project Progress Update
Ministers' Statements
Page 5441
Diane Archie
Inuvik Boot Lake
Mr. Speaker, at the beginning of the 19th Legislative Assembly, this government established its mandate of 22 priorities set by all Members and based on what they've heard from their constituents. Two of these mandate priorities are to increase employment in small communities and to make strategic infrastructure investments.
Mr. Speaker, last week I had the opportunity to travel the Mackenzie Valley Winter Road and I witnessed progress toward meeting these two priorities. I am referring to the construction of the Prohibition Creek Access Road, which is currently well underway. We have divided this project into two phases. Phase one, construction began in November and includes building 6.7-kilometre all-season road just south of Norman Wells between Canyon Creek and Christina Creek along the existing Mackenzie Valley Winter Road alignment.
By replacing this portion of the existing winter road with an all-season road, we are making our transportation system more resilient to climate change, increasing reliability for the shipment of goods and supplies in the region, and enhancing intercommunity mobility. This phase will also make it easier to access recreational and traditional harvest areas. Construction is expected to be completed in the fall of 2023. Mr. Speaker, phase two would see construction of a 6.3-kilometre all-season road from Christina Creek to Prohibition Creek.
This phase is contingent on completing additional design work at the Christina Creek crossing, regulatory authorizations, and securing additional funding.
The GNWT has worked closely with Indigenous governments and Indigenous organizations in the Sahtu to move this project forward and to continue to advance the proposed Mackenzie Valley Highway from Wrigley to Norman Wells. The Memorandum of Understanding the GNWT has signed with the Sahtu Secretariat is evidence of this.
The Prohibition Creek Access Road project is creating valuable employment opportunities in the Sahtu region. As of January 2023, 20 workers from the Sahtu have been hired as laborers, truck drivers, heavy equipment operators, drillers and blasters, and supervisory staff. Five workers from other regions in the NWT were also hired as heavy equipment operators. As part of this project, Northerners are receiving training that will enhance their skills for future job opportunities.
This project has not been without challenges. It is one of several infrastructure projects that has experienced cost escalations recently associated with supply chain issues, inflation, material and labour shortages, and rising fuel prices. Mr. Speaker, I continue to lobby for the needed additional funding with my federal counterparts and my department is also working on advancing these files at a bureaucratic level. The federal government is a valuable partner in meeting the infrastructure and transportation needs of Northerners and seem to be appreciative of these challenges we face and are receptive to making their funding programs to meet our northern realities. Quyananni, Mr. Speaker.
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Minister's Statement 316-19(2): Prohibition Creek Access Road Project Progress Update
Ministers' Statements
Page 5441
The Speaker
Frederick Blake Jr.
Thank you, Minister. Ministers' statements. Minister responsible for Workers' Safety and Compensation Commission.
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Minister's Statement 317-19(2): Workers' Safety and Compensation Commission 2022 Identifying Injury Trends and Actions Taken
Ministers' Statements
Page 5441
Paulie Chinna
Sahtu
Mr. Speaker, Northerners should be able to expect to return home at the end of each workday uninjured and healthy. In 2022, the Workers' Safety and Compensation Commission received 1,722 reports of injury from workers. This represents a 2.1 percent decrease from the previous year. Awareness of the workplace hazards and safety trends in the Northwest Territories can help ensure that workers return home safe and healthy every day.
In support of their vision to eliminate workplace disease and injuries, I would like to highlight some of the steps that WSCC is taking to achieve that outcome.
The most at-risk demographic for workplace injuries in 2022 were individuals aged 25-34, representing 26 percent of all claims. Positive, safe behaviours must be supported as soon as one enters the workforce in order to make safety second nature. WSCC continues to develop their young workers program and resources for workers under 25 so that they could take the knowledge and awareness they develop as young workers and continue to apply it to their working environment throughout their careers.
Mr. Speaker, the most commonly injured body parts last year included both the back and hands, representing 24 percent of all injuries; Sprains, strains, and tears continue to be one of the most frequently reported injury types; and, being struck by an object is one of the most frequent types of accident. Over the last year, the WSCC produced four seasonal campaigns designed to raise awareness on specific occupational health and safety trends. These campaigns were focused on lifting safely, hand injuries, sprains and strains, and being struck by an object.
All campaigns, which are accessible on the WSCC website, provides further resources to learn more about common risks and injuries in the workplace and how to prevent them. In 2022, trades laborers and heavy equipment operators were injured more frequently than other occupations. Ahead of the construction season, WSCC ran a campaign highlighting the process of how to submit notifications on high hazard work sites. As a result of these efforts, WSCC received a higher number of notifications compared to the previous years which enabled occupational health and safety inspectors to prioritize high hazard inspections.
WSCC continues to keep a close eye on the northern workplace safety trends to better determine where resources and support are needed to help workers return home safely every night. Mahsi, Mr. Speaker.
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Minister's Statement 317-19(2): Workers' Safety and Compensation Commission 2022 Identifying Injury Trends and Actions Taken
Ministers' Statements
Page 5441
The Speaker
Frederick Blake Jr.
Thank you, Minister. Ministers' statements. Members' statements. Member for Frame Lake .
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Member's Statement 1386-19(2): Public Participation in Resource Development
Members' Statements
Page 5441
Kevin O'Reilly
Frame Lake
Merci, Monsieur le President. I have closely followed and participated in the review of resource management legislation and regulations in the 18th and 19th Assemblies and have been reflecting on my experiences to date.
I sent a detailed seven-page letter with my thoughts to the Premier and Ministers of Environment and Natural Resources; Lands; and Industry,
Tourism and Investment. I tabled it in the House and the less-than-enthusiastic reply too.
I commend Cabinet and this government for its progressive and innovative approach to the co-development of resource management legislation and regulations with Indigenous governments. This is an accomplishment that we should all be proud of and a true expression of reconciliation and co-management that all NWT residents have come to expect. I support this co-development approach and want to make sure it has the time and resources necessary to do its work. From every report of recent activities, this process appears to be working well. There is still a need to provide more information and work with those Indigenous governments that are not part of this process.
I acknowledge that there has been some improvements since the 18th Assembly in terms of public engagement in post-devolution resource management legislation and regulations. However, the extent of information being shared by departments and timelines for public engagement have varied substantially and shown little consistency. In particular, I am alarmed and dismayed that GNWT has failed to embrace and implement an approach to resource management that includes meaningful public participation in both the development of resource management legislation and regulations, and in modifying and establishing new processes for decision-making about resources.
Public participation in these two significant aspects of resource management does not come at the expense of relationships with Indigenous governments but rather should be seen as an essential part of co-management. Public participation opportunities are what NWT residents have come to expect from responsible resource development and co-management itself.
It is not clear to me, whether GNWT continues to endorse and implement its own Open Government policy as signed by the Premier on January 8th, 2018. I offered other specific suggestions and it is not clear anything is going to change. I'll have questions later today for the Premier . Mahsi, Mr. Speaker.
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Member's Statement 1386-19(2): Public Participation in Resource Development
Members' Statements
Page 5442
The Speaker
Frederick Blake Jr.
Thank you, Member for Frame Lake . Members' statements. Member for Hay River South .
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Member's Statement 1387-19(2): Flood Mitigation
Members' Statements
Page 5442
Rocky Simpson
Hay River South
Thank you, Mr. Speaker. Mr. Speaker, I would like to start by wishing my daughter Keelan a belated Happy Birthday which was earlier this month while she was in Florida.
Mr. Speaker, the federal government's National Disaster Mitigation Program is a program that provides access to financial support for risk assessment, flood mapping, mitigation planning, and investments in nonstructural and small-scale mitigation projects. Municipal and local governments, public sector bodies, private sector bodies, Indigenous governments, and nongovernmental organizations can make applications to this program.
Mr. Speaker, apart from raising the road along Riverview Drive in Hay River, building up a short berm in the downtown area, and asking residents to take mitigation measures as outlined in the engineering reports each received, I ask what has been done to address overall mitigation for the West Channel, Old Town, New Town, Corridor, and Paradise Valley, because residents are concerned and are asking the question and wanting answers.
Mr. Speaker, the flood damage to Paradise was extensive. The only access road was compromised and the temporary one was constructed with no proper drainage. The embankment between the access road and the river had vegetation removed which diminished the stability of an already unstable bank. Residents are asking when the access road will be restored with proper drainage and when the bank stabilization measures will be undertaken.
Mr. Speaker, sections of the corridor were not spared from flooding and will require some form of berm and vegetation between the river and homes. The downtown core and Cranberry Crescent areas will also require some form of berm for flood protection. The West Channel area, situated along the lake, requires repairs to a berm between the airport and the residential area. In addition, there is an issue with the water course known as the Oxbow, which also allows water to flow inland from the lake during high water levels which results in flooding. A flood gate should be installed as a preventive measure.
The Old Town itself has minimal flood protection. Consideration must be given to raising the road running along the perimeter of the island. Mr. Speaker, throughout the winter, this government has been silent on what the overall flood mitigation plan is for Hay River. I understand, or am hoping, that this government is working with the Town of Hay River and Indigenous governments but any discussion, barriers, and solutions concerning flood mitigation is not being replayed to the general public. Communication and transparency is needed otherwise we may well be asking ourselves, once again, what went wrong, what are the lessons learned, and who is responsible for future costs. Thank you.
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Member's Statement 1387-19(2): Flood Mitigation
Members' Statements
Page 5442
The Speaker
Frederick Blake Jr.
Thank you, Member for Hay River South . Members' statements. Member for Thebacha .
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Member's Statement 1388-19(2): Aurora College - Decommissioning the Last Residential School
Members' Statements
Page 5442
Frieda Martselos
Thebacha
Thank you, Mr. Speaker. Further to my statement from yesterday, I am going to carry on with the same subject with focus on Breynat Hall at Aurora College.
As I said yesterday, Breynat Hall is a structure in Fort Smith that has a heavy history of colonialism and abuse, and that's because Breynat Hall is a former residential school. And, again, the structure is one of the last remaining former residential school buildings that is still in active use in the Northwest Territories today.
Mr. Speaker, Breynat Hall was built in 1958 and was run by the Catholic Church as a residential school until 1975. And according to the National Centre For Truth and Reconciliation, at least one student died there in 1960. From 1975 onward, Breynat Hall has been use by Aurora College as a single student residence in Fort Smith.
Mr. Speaker, I want to be very clear about this, and I know the Minister of education is already on side with this, but Breynat Hall must not continue to be used when Aurora College transitions into a polytechnic university. There is far too much historical baggage attached to that building. Therefore, it must be inappropriate for it to be continued to be used for the future headquarters of the polytechnic university. And it appears that the need to dispose of Breynat Hall is understood by the university transition team because it was stated in the polytechnic university master plan released in September 2022 that Breynat Hall would be removed and replaced with a new student residence.
Also I strongly hope that the future student residence building will have Indigenous accents built into its architecture.
Mr. Speaker, during its time as a residential school, Breynat Hall was used by students from various NWT communities including Lutselk'e, Behchoko and Fort Res, among others, and over the years numerous constituents have told me that they feel uncomfortable and even disturbed by the continued use and existence of Breynat Hall at Aurora College in Fort Smith. There has also been several former NWT politicians who attended Breynat Hall, and most have all agreed that it has had a very troubled past and it must go.
I am sure there are even some students attending Aurora College in Fort Smith today who are descendants of former residential school survivors who attended Breynat Hall in the past. Mr. Speaker, I seek unanimous consent to conclude my statement.
---Unanimous consent granted
In closing, Mr. Speaker, for these reasons it is essential that the new headquarters of the future polytechnic university in Fort Smith be built without Breynat Hall on its grounds. I think it also might be a good idea to have a memorial placed near or on its former site to act as a permanent reminder about the history that occurred there. I will have questions for the ECE Minister later today. Thank you, Mr. Speaker.
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Member's Statement 1388-19(2): Aurora College - Decommissioning the Last Residential School
Members' Statements
Page 5442
The Speaker
Frederick Blake Jr.
Thank you, Member for Thebacha . Members' statements. Member for Kam Lake .
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Member's Statement 1389-19(2): Child Care Supports and High School
Members' Statements
Page 5442
Caitlin Cleveland
Kam Lake
Thank you, Mr. Speaker. Mr. Speaker, every year students walk across NWT graduation stages with a spectrum of stories of what it took to accomplish this milestone. In my graduating class, a handful of my peers who walked the graduation stage just a few blocks from here had the most special dates to honour the effort they made to get there. Mr. Speaker, their dates were their babies.
Since 2016, an average of roughly 36 babies are born to teen parents in the Northwest Territories. That is 36 young parents potentially working to achieve a pivotal milestone with their peers. Pursuing education as a parent at any age is an accomplishment but doing it as a teen is a monumental accomplishment, Mr. Speaker. While there are champions that helped keep the doors to education open for those parents I graduated with, barriers to their success that existed then persist today.
Mr. Speaker, supporting the education of teen parents is not a foreign concept in schools. Here in Yellowknife, before my time, Ecole St. Patrick High School had an in-care daycare where students could drop off their child as they ran to class. Paired with child care, parents took family life health, a full credit class that provided support, financial literacy, and healthy family learning to teen parents. Decades ago, Inuvik's Samuel Hearne Secondary School, now East 3 Secondary School, also had an in-school child care and supports.
Today, decades after these programs have disappeared, Sir John Franklin High School has revived some programming for young parents. Thursday afternoons, the school hosts a support group for moms, dads, and parents-to-be who are continuing their high school education. Here, people can access peer and experience supports, public health visits, cooking classes, and guest speakers. But access to education for young parents relies on a parent's ability to access both the space and funding for child care.
Space is a big barrier especially in today's child care landscape and given the short turnaround between birth and return to school. But accessing the child care funding is a barrier this government can address today.
Funding through income assistance requires that a person be an NWT resident and over 19 years of age. This criteria closes the door for teen parents. The second funding option is a voluntary service agreement with child and family services. The historical stigma closes this door for so many parents. For some youth, child care is a significant barrier to education. Today I am asking education to create a safe, accessible door where teen parents can get funding. Thank you, Mr. Speaker.
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Member's Statement 1389-19(2): Child Care Supports and High School
Members' Statements
Page 5443
The Speaker
Frederick Blake Jr.
Thank you, Member for Kam Lake . Members' statements. Member for Tu Nedhe-Wiilideh .
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Member's Statement 1390-19(2): Funding for Elders Who Provide Care, Support and Guidance to Youth
Members' Statements
Page 5443
Richard Edjericon
Tu Nedhe-Wiilideh
Mr. Speaker, it is my honour to address you today on the issue that is a critical to the well-being of our society. As well, all known Indigenous elders in the Northwest Territories are an integral part of our culture and heritage. They have contributed significantly to the development and growth of our communities over the years, passing down their traditions, traditional knowledge and customs and values, from generation to generation.
However, in recent years many of these elders have found themselves in a difficult situation due to various reasons such as substance abuse, mental health issues, or other social problems. Some parents are unable to take care of their children. In these situations, grandparents have to step in to raise their grandchildren often without necessary financial resources.
This has become a critical issue in the Northwest Territories where many Indigenous elders are living on poverty and struggling to make ends meet on a fixed elders' monthly income and, in some cases, a single fixed income. They may lack access to necessities such as food, clothing, shelter, let alone the resources needed to provide for their grandchildren's education, healthcare, and other needs. As a society, we have responsibility to ensure that our elders are taken care of in their later years of their life, especially when they are providing care and support to the next generation.
It is not just a matter of compassion or respect but also an investment in our collective future. These children will be the future leaders of our community, and it is essential that they receive support and guidance they need to succeed. Therefore, I urge all of you to consider what we can do to support these elders who are raising their grandchildren. This could involve providing financial assistance, access to healthcare, social services funding support, or simply offering emotional support and recognition for their invaluable role they are playing.
In conclusion, let us remember the importance of the role Indigenous elders play in our society and the challenges they face raising their grandchildren. We owe it to them and to the future of our communities to provide them with support they need and deserve. I would have questions for the Minister at the appropriate time. Mahsi, Mr. Speaker.
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Member's Statement 1390-19(2): Funding for Elders Who Provide Care, Support and Guidance to Youth
Members' Statements
Page 5443
The Speaker
Frederick Blake Jr.
Thank you, Member for Tu Nedhe-Wiilideh . Members' statements. Member for Deh Cho .
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Member's Statement 1391-19(2): Highway Infrastructure Training
Members' Statements
Page 5443
Ronald Bonnetrouge
Deh Cho
Mahsi, Mr. Speaker. Mr. Speaker, every year the Aurora College heavy equipment operator program graduates, on average, 16 new students per year. Many of the graduates dream of a job working with the various machinery that they were trained on, such as a dump truck, loader, grader, excavator, and caterpillar. The AGO training only allows students to choose two pieces of machinery and most times there are no other options but only a dump and a loader combination.
Many Northerners went through the AGO program and went on to full-time employment and, if lucky, to get a GNWT position and they can work until retirement, which is typically 30 years. Mr. Speaker, a lot of times newly graduated heavy equipment operators do not have the required number of years of experience on certain pieces of heavy equipment and therefore are usually never hired.
Mr. Speaker, when I see road construction, whether new construction or resurfacing, I typically see our trained heavy equipment operators operating a packer. If they're not driving the packer, then they are used as flaggers. All the AGO trainees come out with air brakes endorsements and a class 3 driver's license. Mr. Speaker, I will have questions for the infrastructure Minister at the appropriate time. Mahsi.
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Member's Statement 1391-19(2): Highway Infrastructure Training
Members' Statements
Page 5443
The Speaker
Frederick Blake Jr.
Thank you, Member for Deh Cho . Members' statements. Member for Great Slave .
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Member's Statement 1392-19(2): Food Security
Members' Statements
Page 5443
Katrina Nokleby
Great Slave
Thank you, Mr. Speaker. Mr. Speaker, last week I was lucky to participate in Grow NWT, an agri-food industry conference hosted by the Territorial Agri-food Association here in Yellowknife. The conference kicked off Thursday afternoon with the blue sky brainstorming session on how to foster the agri-food sector for the future. This event saw roundtables of growers, processors, chefs, government, subject matter experts, big thinkers, and others interested in tackling the barriers and issues facing food production and food security north of 60.
The conference got into full swing on Friday with opening remarks by MP McLeod and Minister Wawzonek , as well as by Kevin Wallington, president of the association. What followed was likely one of the most inspiring conferences I've ever attended. The passion in the room was palpable and the air of excitement contagious.
Mr. Speaker, over the course of the day it became evident to me what a large role the agri-food industry can play in the future of our territory. Growing our food locally will pay economic dividends by creating a robust new industry to help with our diversification mandate. Items would cost less to transport, decreasing greenhouse gas emissions and reducing our carbon footprint. But what struck me most about the presentations and discussions from last week was how much this sector could play in our mental well-being and physical health.
When I have personally dealt with depression, one of the things my doctor always said to me is to get out in nature, that this was the best medicine I was going to find. If we could create an industry that allows people to be outside, with their hands in the dirt, while also paying them a living wage, I am sure we would see a drop in stress and depression affecting our communities. We would see people reconnecting with the land and we would see the land healing them in return.
One of the barriers raised by the entire group was the idea that there needs to be a shift in how we look at the food sector industry. We need to create agricultural land designations and all levels of government must return land to the people. Not only is this necessary for reconciliation, it will give residents of this territory control over their own future. Mr. Speaker, I seek unanimous consent to conclude my statement.
---Unanimous consent granted
Thank you, Mr. Speaker. I can tell you, Mr. Speaker, I was never so worried as when I sat on the agricultural federal/provincial/territorial table as Minister during the pandemic and realized just how far at the end of the supply food chain we really are. I never want to have that worry again, Mr. Speaker, so now is the time to get behind our food growers and agri-industry and start taking food security back into our own hands. Thank you, Mr. Speaker.
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Member's Statement 1392-19(2): Food Security
Members' Statements
Page 5443
The Speaker
Frederick Blake Jr.
Thank you, Member for Great Slave . Members' statements. Member for Yellowknife North .
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Member's Statement 1393-19(2): Northview Leasing
Members' Statements
Page 5443
Rylund Johnson
Yellowknife North
Thank you, Mr. Speaker. $20.1 million a year. That is the amount of money we provide every year to Northview, more than we spend on community water and sewer services. According to Northview's own 2020 prospectus, the funds, they own approximately 50 percent of the rental market in Yellowknife. 50 percent of our town, Mr. Speaker, is owned by one company and we are their single largest landlord. You think this might be a problem we would like to address. However, Mr. Speaker, during the life of this Assembly, that number has grown every single year as we add more and more office space to one landlord. And, Mr.
Speaker, this is not a hard problem to solve. Step one, remove them from BIP. They no longer need to be a BIP'd company, Mr. Speaker. This company is a pinnacle of everything that is wrong with GNWT procurement.
It started in the '80s by a former deputy minister who went and got a handful of sole source contracts from the government and made themselves rich. And here we are continuing to line the pockets of now southern and foreign billionaires, Mr. Speaker.
Second, change the leasing of improved real property, which has not seen any change since 1998 and is, in fact, the policy that is responsible for growing this company. Follow our own policies conduct a lease to own analysis of all of our buildings.
Third, commit to publicly tendering all of our leases. You can trace many of our leases back all the way to 1998 when they were originally sole sourced. They have not been tendered in any meaningful way since. Many we inherited from the feds on devolution and we did not publicly tender them.
Finish the procurement review, Mr. Speaker. We have spent three and a half years reviewing procurement and not one penny that has gone out this door has changed with regards to procurement because we will not finish this review, Mr. Speaker.
Secondly, let's approach some local developers and some local people with this $20 million a year we spend and get a little creative. See if someone will build us some buildings, build us some housing, anything other than giving this money to Northview. I'll have questions for the Minister of Infrastructure on whether she is going to accomplish anything at all in regards to this. Thank you, Mr. Speaker.
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Member's Statement 1393-19(2): Northview Leasing
Members' Statements
Page 5444
The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife North . Members' statements. Member for Nahendeh .
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Member's Statement 1394-19(2): Eulogy for Ariel Duntra
Members' Statements
Page 5444
Shane Thompson
Nahendeh
Thank you, Mr. Speaker. Ariel Mary Lynne Duntra was born at Fort Liard Health Centre on March 25th, 1991 to Jimmy Deneron and Molly Duntra. Ariel was the middle child, right between her sister Angeline and brother Jamie.
Ariel attended the Echo Dene School where she was active in sports. This is where I got to meet her. She was very competitive and at the same time being a sportsman-like athlete. Other athletes liked to play against her. Beside school, she enjoyed traditional activities, especially participating in ecology camps throughout the Deh Cho.
Ariel was never afraid to roll up her shelves and get to work. She started working in the oil and gas field and in the construction industry as a cook's helper and camp attendant. As well, she worked at the Liard Hot Springs as a cashier and gas attendant. On top of this, she took the introduction to mine training course.
Ariel was very close to her siblings and especially her two nephews Maddox and Xander. She enjoyed spending time together cooking, watching movies, and barbecuing outside in the gazebo with them. As a good auntie, she bought Xander his first bike last year and then bought Maddox one. I can tell you she enjoyed hanging out with her family and friends, especially when it came to being out on the land and enjoying a traditional meal cooked over the open fire.
Mr. Speaker, I can tell you that Ariel had a heart of gold and an awesome sense of humour. Because of these attributes, she had many many nicknames that she cherished.
Mr. Speaker, unfortunately Ariel passed away on September 8. Ariel was a shining star to everybody that knew her and was a very special person. I can tell you her parents, siblings, extended family, and friends will sadly miss her dearly. Thank you, Mr. Speaker.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Nahendeh . Our thoughts and prayers are with the family and community.
Members' statements. Member for Monfwi .
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Member's Statement 1395-19(2): Federal Legislation for Child and Family Resources
Members' Statements
Page 5444
Jane Weyallon Armstrong
Monfwi
Thank you, Mr. Speaker. Mr. Speaker, we know in this House that the overwhelming majority of children within the child and family services systems are Indigenous. Our system for income support then further disadvantage Indigenous youth as they try to advance their education and career. Many communities do not have supports, such as Home Base seen in Yellowknife, to help children access programs and services. There has been an acknowledgement that the child and family services system is not working for Indigenous population as reflected in the recent federal legislation on child and family services.
This federal legislation acknowledges that Indigenous governments have the right to create their own laws to regulate child and family services. However, our own government has challenged this federal law and the work of partners such as the Inuvialuit Regional Corporation in federal court. Mr. Speaker, our system is not talking to one another. We are making sole policy decisions which are negatively impacting Indigenous youth in the NWT. Our youth have pride and should be supported in their effort to receive education, housing, and employment opportunities. I will have questions for the Minister of Education, Culture and Employment . Thank you.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Monfwi . Members' statements. Recognition of visitors in the gallery. Reports of committees on the review of bills. Member for Yellowknife North .
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Committee Report 43-19(2): Report on Review of Bill 63,
An Act to Amend the Official Languages Act
Reports Of Committees On The Review Of Bills
Page 5444
Rylund Johnson
Yellowknife North
Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its report on Bill 63 ,
An Act to Amend the Official Languages Act, and commends it to the House.
Bill 63 ,
An Act to Amend the Official Languages Act, received second reading on November 2, 2022 and was referred to the Standing Committee on Government Operations for review. The Official Languages Act recognizes the "official" status of eleven languages in the NWT. The Act sets out the rights, rules, and responsibilities for using these languages in different parts of government.
Bill 63 updates the Act for the first time in twenty years. Many of the proposed changes were recommended by committee in early 2022. Specifically, Bill 63 :
Clarifies and strengthens the role of the Languages Commissioner;
Merges the two languages boards; and
Updates the
preamble to recognize:
The impact of colonialism;
The relevance of the United Nations Declaration on the Rights of Indigenous Peoples; and
The government's commitment to fair access to services for residents who speak Indigenous languages.
This report describes how committee engaged with the Minister before Bill 63 was introduced. It also summarizes how different stakeholders responded to the proposed changes and what committee decided on key issues.
This report is separate from committee's upcoming report on our statutory review of the Official Languages Act. That second report will touch on some of the larger changes committee wants to see. Committee will present this report before the end of the February/March 2023 sitting.
Committee Welcomes Changes During the 19 th Assembly
The Official Languages Act needs to be reviewed about every five years - with the last review happening in 2014. Committee started a new review in early 2020, but it was delayed because of the COVID-19 pandemic. Committee was unable to travel to communities and consult the public because of public health orders, local outbreaks, and the Members' desire to avoid spreading the virus. As a result, many plans had to be postponed.
In December 2021, committee decided that the review of the Official Languages Act could not be finished in time to make changes to the law before the 19th Assembly's term ended. However, it had been almost twenty years since the Act was last updated and, during that time, many important and straightforward amendments had been suggested. Therefore, committee urged the Minister to work with us to create and propose new legislation before the Assembly's term ended. The Minister agreed and welcomed Committee's input for a bill.
I will now pass the reading over to the Member for Kam Lake .
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The Speaker
Frederick Blake Jr.
One second, please. Okay, colleagues, let's try this again. Reports of committees on the review of bills. Member for Yellowknife North .
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Page 5444
Rylund Johnson
Yellowknife North
Thank you, Mr. Speaker. Your committee would like to report on its consideration of Bill 63 ,
An Act to Amend the Official Languages Act, as ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife North . Reports of committees on the review of bills. Member for Yellowknife North .
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Bill 67:
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Reports Of Committees On The Review Of Bills
Page 5444
Rylund Johnson
Yellowknife North
Thank you, Mr. Speaker. Your committee would like to report on its consideration of Bill 67,
An Act to Amend the Fire Prevention Act , as ready for consideration in Committee of the Whole. Thank you, Mr. Speaker.
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Page 5444
The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife North . Reports of committees on the review of bills. Reports of standing and special committees. Member for Yellowknife North .
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Committee Report 43-19(2): Report on Review of Bill 63,
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Reports Of Committees On The Review Of Bills
Page 5444
Rylund Johnson
Yellowknife North
Right from the start? Here we go again.
Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its report on Bill 63 ,
An Act to Amend the Official Languages Act, and commends it to the House.
Bill 63 ,
An Act to Amend the Official Languages Act, received second reading on November 2, 2022 and was referred to the Standing Committee on Government Operations for review. The Official Languages Act recognizes the "official" status of eleven languages in the NWT. The Act sets out the rights, rules, and responsibilities for using these languages in different parts of government.
Bill 63 updates the Act for the first time in twenty years. Many of the proposed changes were recommended by committee in early 2022. Specifically, Bill 63 :
Clarifies and strengthens the role of the Languages Commissioner;
Merges the two languages boards; and
Updates the
preamble to recognize:
The impact of colonialism;
The relevance of the United Nations Declaration on the Rights of Indigenous Peoples; and
The government's commitment to fair access to services for residents who speak Indigenous languages.
This report describes how committee engaged with the Minister before Bill 63 was introduced. It also summarizes how different stakeholders responded to the proposed changes and what committee decided on key issues.
This report is separate from committee's upcoming report on our statutory review of the Official Languages Act. That second report will touch on some of the larger changes committee wishes to see. Committee will present this report before the end of the February/March 2023 sitting.
COMMITTEE WELCOMES CHANGES DURING 19th ASSEMBLY
The Official Languages Act needs to be reviewed about every five years - with the last review happening in 2014. Committee started a new review in early 2020, but it was delayed because of the COVID-19 pandemic. Committee was unable to travel to communities and consult the public because of public health orders, local outbreaks, and the Members' desire to avoid spreading the virus. As a result, many plans had to be postponed.
In December 2021, committee decided that the review of the Official Languages Act could not be finished in time to make changes to the law before the 19th Assembly's term ended. However, it had been almost twenty years since the Act was last updated and, during that time, many important and straightforward amendments had been suggested. Therefore, committee urged the Minister to work with us to create and propose new legislation before the Assembly's term ended. The Minister agreed and welcomed Committee's input for a bill.
I will now pass it over to the Member for Kam Lake .
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The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife North . Member for Kam Lake .
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Page 5445
Caitlin Cleveland
Kam Lake
Thank you, Mr. Speaker.
HALF OF COMMITTEE'S PRIORITIES ADDED TO THE BILL .
Committee set out to provide its priorities for changes to the Official Languages Act. To do that, committee looked at all recommendations made since the law was last changed, in 2003. Committee looked only at recommendations that were legislative in nature that came from:
The Languages Commissioner's annual reports;
Committee's previous two reviews of the Act; and
Public meetings held in Inuvik in June 2021 and virtually in January 2022.
Committee identified close to 50 past recommendations in total, which are documented in an appendix to this report. While most of these recommendations had merit and continued relevance, they could not all be put forward due to the limited time available. Committee therefore provided the Minister with the 12 changes that we thought were most important. Those changes were to:
Update the
preamble to acknowledge the impact of residential schools and colonial policies on official language communities, and affirm Indigenous Peoples' language rights according to UNDRIP;
Strengthen the Languages Commissioner's ability to get information from public bodies;
Impose response requirements on public bodies for recommendations from the Languages Commissioner;
Empower the Languages Commissioner with alternative dispute resolution mechanisms;
Require the Languages Commissioner to reside in the territory;
Ensure housing authorities are bound by Official Languages Act;
Make the Act flexible and open to creative solutions from communities;
Recognize Michif as an official language;
Establish a mechanism to address violations of the Act;
Provide a bilingual bonus to all government employees who speak an Indigenous official language; and
Clarify the role of the Languages Commissioner in raising concerns and making recommendations to the Minister.
The Minister of Education, Culture and Employment included about half of these changes in Bill 63 . Changes number 1 through 5 were accepted and included in the bill, while change 6 can be pursued through a change to the government institution regulations. In correspondence with committee, the Minister committed to making this change in the regulations. Unfortunately, changes 7 through 12 were not included in the bill.
Committee is pleased with the changes that ECE included in the bill and commends the Minister for working together with committee to introduce changes to the Act.
However, committee is disappointed that Bill 63 did not include more changes and was not more ambitious. Other governments in Canada have recently implemented more significant changes to bolster official and Indigenous languages. Committee hopes that the government will introduce additional legislation to protect, promote, and revitalize official languages with the same level of ambition in the 20th Assembly.
The Standing Committee on Government Operations therefore recommends:
Recommendation 1: That the Government of the Northwest Territories commit to a second phase of legislative changes to protect, promote, and revitalize official and Indigenous languages in the 20th Assembly. This new legislation should be based on past recommendations, suggestions arising during the review of Bill 63 , and the advice in the committee's upcoming report on its statutory review of the Official Languages Act.
The new legislation should also seek to implement Articles 13 and 14 of the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous governments should be invited to co-develop the legislation.
Thank you, Mr. Speaker. I wish to pass the reading of the report over to the MLA for Inuvik Twin Lakes.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Kam Lake . Member for Inuvik Twin Lakes .
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Reports Of Committees On The Review Of Bills
Page 5445
Lesa Semmler
Inuvik Twin Lakes
Thank you, Mr. Speaker.
STAKEHOLDERS OFFERED THOUGHTFUL SUGGESTIONS TO STRENGTHEN LANGUAGE RIGHTS AND COMMUNITIES
Committee sought public feedback on Bill 63 with a public notice and targeted engagement letters to those who may have had an interest in the bill. Committee received written submissions from:
Collège Nordique;
La Fédération franco-ténoise;
The Languages Commissioner; and
The Northwest Territory Metis Nation.
All written submissions are included in an appendix to this report.
Committee also held a public review of Bill 63 on January 18, 2023. At that meeting, committee received oral comments from the Minister, Collège Nordique, the FFT, and a member of the public. Committee also met with the Metis Nation to hear their input on January 30, 2023.
Committee appreciates everyone who offered their feedback and ideas for the review of Bill 63 . Their participation demonstrates a passion to protect, maintain, and enhance the vitality of official language communities in the territory.
Updating the
preamble
All participants agree that it was a good idea to add language about colonialism, UNDRIP, and fair access to services for residents who speak an Indigenous official language into the
preamble. However, the Metis Nation thought that this change should not just be in the
preamble of the Act but throughout the whole Act so that the GNWT is fully committed to UNDRIP and the Truth and Reconciliation Commission of Canada's Calls to Action. Committee agrees with the Metis Nation and hopes that the GNWT will make bigger and more transformative changes to the Official Languages Act in the 20th Assembly to reflect these commitments.
Clarifying and strengthening the Languages Commissioner's role
Eligibility requirements
Bill 63 would require the Languages Commissioner to live in the NWT and forbid them from being a member of the public service. Participants agreed with these changes. Committee agrees that the Commissioner must be connected to the people they serve.
Alternative dispute resolution
Bill 63 would also allow the Languages Commissioner to refer matters to alternative dispute resolution. Participants supported this change but wanted to see the bill provide more tools to deal with complaints. The FFT suggested setting up a language rights tribunal to adjudicate on language rights violations. Committee thought this could be a good idea but was outside of the scope of the bill. A future review should study how this idea could work. The Languages Commissioner wanted to have the option to resolve a complaint without doing a full investigation.
Committee found that the Act does not currently provide her that power. Committee thinks it might be good for the Languages Commissioner to have a way to solve problems informally, but there are important policy questions to think about first. Committee encourages the Languages Commissioner to explain more about her recommendation for informal resolutions, perhaps in an annual report. Committee also wants to see how alternative dispute resolution works before adding another mechanism.
Deadlines for information requests
Bill 63 would require public bodies to answer information requests from the Languages Commissioner within 60 days. Participants agreed with this change but thought more could be done to ensure the Commissioner gets the information she needs. The Languages Commissioner wanted to be able to set the deadline herself, based on each situation. Committee was worried this power would give too much discretion to the Commissioner and too little predictability to the public bodies.
Fixed timelines written into law is also the approach taken for other statutory officers, like the Ombud and the Information and Privacy Commissioner. The Languages Commissioner was also concerned that the part of the Act dealing with information requests,
section 22, stops her from requesting information without doing a formal investigation. Committee asked the law clerk for advice and believes the Commissioner can ask for and receive information without doing a formal investigation. Given this information, committee does not think the Act needs to be changed. The FFT wanted to give the Languages Commissioner the power to force anyone to answer a complaint. This change would significantly expand the authority of the Commissioner, who right now has very specific powers in investigations. A future study should review this suggestion.
Supreme Court orders
Bill 63 would allow the Languages Commissioner to go to court and get an order when a public body has not acted on a recommendation. Participants agreed with this change, but the FFT wanted to see some additional changes. The FFT wanted to place a three-month time limit for public bodies to act on a recommendation, failing which the Commissioner could get a court order. Committee was concerned that more complex language rights cases could take more than three months, so we preferred the more flexible approach in the current bill.
The FFT also suggested that the law enable the Languages Commissioner to collect damages and costs from the public body in question at the Supreme Court. Committee notes that the Court can already award damages and costs, so this change is not needed.
Merging the Languages Boards
Bill 63 would combine two Boards: the Official Languages Board and the Aboriginal Languages Revitalization Board. Most participants agreed with this change but suggested some improvements. The Metis Nation questioned the name of the merged board, suggesting that the name should explicitly include the word "Indigenous" to reflect Indigenous participation on the board. The FFT suggested that the government delay the merger and was worried whether the combined board could focus on French and Indigenous languages at the same time. Collège Nordique supported the change and thought the government could go farther to ensure greater transparency from the merged board.
Committee notes that this change has already been delayed, as it was first recommended in 2009. Committee has heard that the two boards already mostly function as a single entity though it is not yet reflected in the Act. The Boards themselves would prefer to be a combined entity to improve efficiency. Committee is confident the new board will fulfill its mandate with respect to each official language and their distinct needs.
Committee agrees that the public should know more about what the board does. Separately, committee has heard that, in practice, the current boards are organized by the Indigenous Languages and Education Secretariat, which might make them less independent. Since the combined board will give advice and recommendations to the Minister and evaluate language programs, the board independence is important.
The Standing Committee on Government Operations therefore recommends:
Recommendation 2: That the Department of Education, Culture and Employment ensure independence and transparency at the merged languages board. The department should provide a proper framework and resources for the board to fulfill its mandate, including timely appointments when vacancies arise. The board should disclose meeting agendas, minutes, and other documents of public interest. The board should also release an annual report that summarizes recommendations to the Minister, the Minister's response, progress on implementation, and the findings of program and initiative evaluations.
I will now ask, Mr. Speaker, to turn it over to the Member for Tu Nedhe-Wiilideh . Thank you.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Inuvik Twin Lakes . Member for Tu Nedhe-Wiilideh .
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Page 5446
Richard Edjericon
Tu Nedhe-Wiilideh
Thank you, Mr. Speaker.
Scheduling statutory reviews
Bill 63 would match the timing of statutory reviews of the Act with the
schedule of the Legislative Assembly. This means a review would happen within the first two years of every other Assembly rather than every five years.
Several stakeholders were worried about the change. The FFT believed it could delay a review indefinitely if the Assembly sat indefinitely. However, the territory's Legislative Assembly and Executive Council Act says the Assembly can only last for four years so a review would still happen regularly, about every eight years.
The Languages Commissioner was concerned that waiting so long between the reviews might not give enough chances to improve the law. But committee believes that doing the review in the first two years of an Assembly will help make sure any changes suggested during the review can become law in the remaining two years of the Assembly. Committee does not want to repeat the experience of the last two reviews, neither of which led to legislative changes.
Other suggestions to support official languages
Committee heard several other ideas to improve the Official Languages Act including:
Ensuring the Languages Commissioner, the Minister, and the Languages Board develop policies collaboratively;
Requiring government to take steps to support official languages communities;
Requiring each public body to have performance measures on how well they are following the Act; and
Making the Premier , rather than the Minister of Education, Culture, and Employment , responsible for the Official Languages Act.
Committee also received a suggestion that would not necessarily require legislative change. A member of the public recommended that the government to set up a language resource center in the large communities. These centers would document and preserve each Indigenous official language, and such resources for future generations to revitalize the language.
While these suggestions were out of scope for the review of Bill 63 , committee hopes they will be studied the next time the Act is reviewed.
Committee Amended one Clause
Clause 10 of Bill 63 requires the Languages Commissioner to provide more information on her annual report. The goal of the clause is to ensure useful information is available to the public. One subclause, as originally drafted, would have required the annual report to disclose "what recommendations, requests and applications were made by the Languages Commissioner respecting each complaint."
The Languages Commissioner was concerned that this wording could cause a complainant to be identified in an annual report and, if so, discourage residents from making formal complaints. Committee was also worried that the Languages Commissioner could be led to make her recommendations more broadly worded to protect the complainants' privacy. Committee felt this was not a desirable outcome, potentially undermining the effectiveness of the recommendations.
Committee therefore agreed to and passed a motion to amend the subclause. The amendment required a
summary of recommendations, requests, and applications, rather than the exact text respecting each complaint. Committee believes this change will allow the Commissioner to make specific recommendations but then summarize those in the annual report, reducing the possibility that a complainant might be identified.
Mr. Speaker, I'd like to hand this over to the MLA for Yellowknife North. Mahsi.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Tu Nedhe-Wiilideh . Member for Yellowknife North .
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Page 5447
Rylund Johnson
Yellowknife North
Conclusion
On February 15th, 2023, committee held a clause-by-clause review. Committee passed a motion to report Bill 63 , as amended, to the Legislative Assembly for consideration in Committee of the Whole.
This concludes the Standing Committee on Government Operations' review of Bill 63 .
Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to this report within 120 days. Thank you, Mr. Speaker.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife North . Reports of standing and special committees. Member for Yellowknife North . Member for Inuvik Twin Lakes .
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Lesa Semmler
Inuvik Twin Lakes
Mr. Speaker --
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The Speaker
Frederick Blake Jr.
Did he read his motion? I didn't catch him.
The motion is in order. To the motion?
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The Speaker
Frederick Blake Jr.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Committee Report 43-19(2) has been received and will be moved into Committee of the Whole for further consideration.
Reports of standing and special committees. Member for Inuvik Twin Lakes .
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Committee Report 44-19(2): Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous Peoples and Negotiating Agreements
Reports Of Committees On The Review Of Bills
Page 5447
Lesa Semmler
Inuvik Twin Lakes
Thank you, Mr. Speaker. Mr. Speaker, your Special Committee on Reconciliation and Indigenous Affairs is pleased to provide its Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous Peoples and Negotiating Agreements, and commends it to the House.
Mr. Speaker, The Special Committee on Reconciliation and Indigenous Affairs committee was created on October 29, 2020 after the Northwest Territories Legislative Assembly unanimously passed Motion 21-19(2). The Assembly tasked the special committee to seek and encourage discussion and recommendations on opportunities and challenges in meeting the Assembly's priorities. Implementing the United Nations Declaration on the Rights of Indigenous Peoples is a commitment in the Government of the Northwest Territories 2019-2023 Mandate.
Much has happened since. At the same time, when committee began its work in December 2020, Canada released a proposal for legislation to implement the UNDRIP. When in June 2021, Canada's United Nations Declaration on the Rights of Indigenous Peoples Act was passed into law, committee was in the midst of hearing from witnesses to learn about the different perspectives on UNDRIP and land negotiations and self-government agreements in the Northwest Territories.
Committee acknowledges the policies driving Canada's new approach to recognizing and implementing Indigenous rights. Following British Columbia's Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia, Canada replaced the Comprehensive Land Claims Policy with the paradigm of co-development for Crown-Indigenous dialogue.
Canada aims to increase flexibility in negotiations and respond to Indigenous nations' unique rights, needs and interests. The federal government indicates it is removing final settlement language and replacing rights extinguishment clauses with flexible agreements. The process for negotiation is agreed upon in advance in co-developed memoranda of understanding and framework agreements.
Committee acknowledges the actions taken by the Government of the Northwest Territories and Indigenous leaders in creating new meeting tables and working on advancing work on implementing UNDRIP. The NWT Council of Leaders forum formed an officials' working group to advance UNDRIP in the NWT. This working group has prepared a Memorandum of Understanding to collaboratively move forward with legislative framework discussions (NWT UNDRIP MOU).
The committee is pleased to present this final report, which was developed following the committee's mandate as determined by the terms of reference. This final report recommends actions to the Assembly and the GNWT based on submissions and recommendations the committee received from witnesses.
I'll now ask, Mr. Speaker, if we could turn it over to the Member for Hay River North . Thank you.
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Page 5447
The Speaker
Frederick Blake Jr.
Thank you, Member for Inuvik Twin Lakes . Member for Hay River North .
HON. R.J. SIMPSON : Background
The special committee began work on December 4, 2020 and heard from legal experts, scholars, researchers, Indigenous governments and nations, and the GNWT. On March 30, 2022, the committee published the interim report: "what we heard" about the United Nations Declaration on the Rights of Indigenous Peoples and Negotiating Agreements, summarizing the comments, issues and outlooks expressed by experts, scholars, Indigenous governments and organizations, and the GNWT.
Throughout the process, we respected the confidentiality requirements of ongoing negotiations and the confidentiality commitments of the Indigenous governments and nations. The interim report is attached to this report as Appendix A. Public presentations were recorded and are available on the Northwest Territories Legislative Assembly YouTube Channel.
This Report
As a result of the committee's deliberations during the past two years, committee is making a series of recommendations aimed at:
Ensuring informed governance.
Enabling an NWT constitutional framework.
Monitoring UNDRIP implementation.
Making GNWT policies consistent with UNDRIP, and
Moving land agreements to a conclusion.
ENSURING INFORMED GOVERNANCE
Most legislatures, including the Northwest Territories Legislative Assembly, provide orientation programs to new Members. The information generally focuses on the functioning of the NWT legislature, consensus government principles and process conventions, rules and procedures, Caucus, Cabinet and committees, budget process, legislature services and issue briefings.
In Caucus, all Members develop the priorities at the beginning of the term for a Legislative Assembly. The committee heard that educating Members in Caucus on Indigenous negotiation tables and current mechanisms for collaboration would be an excellent opportunity to share the perspectives of Indigenous governments. In addition, presentations to Caucus would show the different ways to view UNDRIP.
Committee agrees that it is an excellent opportunity to inform Members at the beginning of a new Assembly on the jurisdictions of all governments and the mechanisms for discussion and finding solutions.
Committee impresses on the Assembly and the GNWT not to underestimate the significance of existing mechanisms in their role of moving reconciliation forward and preparing the implementation of UNDRIP.
Consequently, committee makes the following recommendation:
Recommendation 1: The Special Committee on Reconciliation and Indigenous Affairs recommends that
the Office of the Clerk of the Legislative Assembly includes in all transition and orientation material for all MLAs post-election, and
the Office of the Secretary to Cabinet of the Government of the Northwest Territories includes in post-election materials specific to Cabinet
an introduction to the history and role of each of the following:
NWT Council of Leaders
Modern Treaty and Self-Government Partners Forum
Intergovernmental Council and Intergovernmental Council Secretariat
The jurisdictions of public government, exclusive and inclusive Indigenous governments
NWT Council of Leaders UNDRIP Memorandum of Understanding.
I would like to pass the reading on to the MLA for Yellowknife South. Thank you.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Hay River North . Member for Yellowknife South .
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Committee Report 44-19(2): Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous Peoples and Negotiating Agreements
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Page 5448
Caroline Wawzonek
Yellowknife South
Thank you, Mr. Speaker.
Enabling an NWT Constitutional Framework
Committee heard that an approach is needed to accommodate the rights of each Indigenous nation in the NWT in relation to the Canadian Constitution and consideration of the distinct circumstances of each nation's path to self-determination. Witnesses told committee that there is a need to reconcile the distinction between "the public" and "Indigenous peoples" because most of the NWT's public is Indigenous.
The need to reassess the relationship between public and Indigenous governments was felt by many. Witnesses told committee that together, we need to look at how the declaration is informed by the Constitution, on the one hand, and by the governance models used in the Northwest Territories on the other.
The Northwest Territories Act, a federal statute, creates the Northwest Territories Assembly and defines its legislative powers. This Canadian law may also need to be reviewed for consistency with the United Nations Declaration on Indigenous Peoples at a federal level.
UNDRIP does not override existing laws in Canada. Canada and British Columbia require their laws to be "consistent" with the declaration. UNDRIP can be seen as informing the Constitution. Committee heard that making Canada's legislation consistent with the declaration may require amending Land Claims Agreements. This concern refers to the federal resource management legislation governing the regulation of resources in the Northwest Territories, the Mackenzie Valley Resource Management Act.
UNDRIP has at its core the right to self-determination, which in turn requires a system that allows the diversity of political communities. UNDRIP also formulates Indigenous peoples not as a minority but as "peoples." A constitutional arrangement amongst all nations in the Northwest Territories would redefine our relationship with each other. As such, UNDRIP would help to strengthen existing co-governance and co-management approaches between the Northwest Territories and Indigenous governments.
The goal of shared decision-making means to advance the building of Indigenous nations and governments, to avoid the past "top-down" approach taken by public governments and to acknowledge that approximately half of the Northwest Territories population is Indigenous. Rebuilding our relationships will move us forward to agree on policies that will resolve conflict, encourage collaboration, and establish long-term working processes. Collaboration is the foundation to reach agreements for all groups and may include facilitated collaboration to re-establish, strengthen and maintain effective working relations and mutual trust.
The current forums and tables create relationships, enable the Members to respect each other's unique positions and accommodate the Northwest Territories diversity. The existing Northwest Territories tables are suitable for a Northwest Territories-specific approach. The Northwest Territories Council of Leaders, the Modern Treaty and Self-Government Partners Forum, and the existing Intergovernmental Council are three separate places for exchange. The Legislative Development Protocol, established in December 2020, is an effective model of attaining UNDRIP objectives and respecting the political realities of the Northwest Territories.
Recommendation 2: The Special Committee on Reconciliation and Indigenous Affairs recommends that the 20th Assembly establish a special committee on UNDRIP implementation.
Thank you, Mr. Speaker. And over to the MLA for Thebacha.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife South . Member for Thebacha .
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Committee Report 44-19(2): Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous Peoples and Negotiating Agreements
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Page 5448
Frieda Martselos
Thebacha
Monitoring UNDRIP Implementation
Most witnesses favoured legislation as the mechanism to implement UNDRIP in the NWT. Committee heard that the Government of the Northwest Territories should pass a law to implement UNDRIP to adopt the declaration as the minimum standard for how the survival, dignity, and well-being of Indigenous peoples in the NWT will be upheld in Government of the Northwest Territories law and policy.
In other words, implementing UNDRIP in NWT law offers a solution that initiates the process of harmonizing and aligning Government of the Northwest Territories laws, policies, and practices with the declaration's minimum standards for recognizing and respecting Indigenous peoples' rights.
Choosing to implement a law obligates the Government of the Northwest Territories to work in consultation and cooperation with Indigenous governments and organizations when addressing legal and policy issues. The consequence would be that of the government is working under the same standards. Choosing a law to implement UNDRIP may create obligations for an action plan, independent monitoring and implementation of Free, Prior and Informed Consent.
Action Plan: An action plan, committee notes, needs to be mandated so that the responsible Ministers collaborate with Indigenous governments in bringing existing laws and policies in compliance with UNDRIP. The NWT UNDRIP MOU in process under the Northwest Territories Council of Leaders UNDRIP working group could require the Government of the Northwest Territories to prepare a joint action plan in collaboration with Indigenous partners.
Monitoring: An action plan can provide for accountability in the implementation through reporting against key indicators. The law must include a mechanism that will monitor how the law is being implemented so that we can work together to adjust if needed. For example, Ombuds are created to hold the respective government accountable and Auditor Generals exist in provinces for the same purpose.
In Canada, no independent bodies are tasked to monitor how governments implement and apply the declaration. It has been said that this absence may lead to
interpretation gaps in UNDRIP implementation.
The Truth and Reconciliation Commission asked for an independent agency to hold the government accountable for its commitment to implementing the UNDRIP. (Truth and Reconciliation Commission, Calls to Action 43 and 44).
FPIC: Operationalizing consent is the most important mechanism for implementing UNDRIP and realizing reconciliation. Any UNDRIP legislation and attached action plan should enable shared decision-making and delegation between the Government of the Northwest Territories and Indigenous governments in areas of shared responsibilities. Consent would be built into policy and legislation, as is the case with the NWT Mineral Resources Act and Protected Areas Act. The principle of consent must permeate and apply to all activities.
The Government of the Northwest Territories may choose to adopt the approach taken by Canada and BC and require its existing laws to be consistent with the principles and objectives of UNDRIP to strengthen the ongoing co-governance.
The goal is to enable innovative, consensus-based modes of collaborative governance, where Indigenous and public governments operate cooperatively and in a spirit of consensus to confront shared problems and address shared interests.
Committee recommends that the Government of the Northwest Territories develop its approach, including identified measures for progress and begin at the very start by including performance measurement principles in the UNDRIP work plan proposal of the NWT UNDRIP MOU for developing the UNDRIP law.
Recommendation 3: The Special Committee on Reconciliation and Indigenous Affairs recommends that the work plan proposals to be suggested by the Government of the Northwest Territories under the NWT Council of Leaders UNDRIP Memorandum of Understanding should include:
Description of who or what entity will monitor progress.
Identification of who or what entity will be accountable for progress.
A dispute resolution mechanism other than the Government of the Northwest Territories for disputes between Indigenous governments over the implementation of UNDRIP, land access, land exclusivity and other inter-jurisdictional disputes.
An established process or determined place to ensure the implementation of existing self-government agreements or land claim agreements is consistent with the principles and objectives of UNDRIP.
I will now turn it over to Yellowknife North.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Thebacha . Member for Yellowknife North .
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Rylund Johnson
Yellowknife North
Thank you, Mr. Speaker.
Making GNWT Policies Consistent with UNDRIP
The committee has received multiple recommendations that the GNWT must systematically review existing policies to ensure compliance with UNDRIP and that policies are consistent.
Harmonizing and aligning GNWT laws, policies, and practices with the declaration's minimum standards for recognizing and respecting Indigenous peoples' rights is crucial to the reconciliation process. Some urged to expedite the harmonization process, seeing the need to ensure policies are consistent and effective for the timely completion of land agreements. Others want to see opportunities for interim and incremental measures.
The benefits of updating and aligning policies with UNDRIP principles mentioned include:
Facilitating the finalization of land claim agreements.
Empowering the public service to act in accordance with UNDRIP.
Facilitating the implementation of UNDRIP.
Advancing reconciliation.
Establishing, maintaining, and improving government-to-government relationships.
Committee agrees that advancing reconciliation requires ensuring all GNWT policies are consistent with UNDRIP principles and suggests a systematic review of the GNWT policies issued on the authority of the Executive Council and ministerial policies. The Executive Council is responsible for the overall management and direction of the GNWT and authorizes long-term policies and policies guiding the establishment of departments. Currently, 49 policies are under the authority of the Executive Council, and 43 are ministerial policies.
Committee suggests that the GNWT establish a process for the systematic review that includes Indigenous governments and Members of the Legislative Assembly in the review cycle.
Committee suggests starting with GNWT "Policy 11.51 - Aboriginal Land Claims" (effective May 16, 1998).
Committee suggests the GNWT consider the objectives of the NWT UNDRIP MOU on implementing UNDRIP in legislation in its systematic policy review.
Recommendation 4: The Special Committee on Reconciliation and Indigenous Affairs recommends that the GNWT systematically review GNWT policies against the principles of UNDRIP and in consideration of purposes and objectives established by the NWT Council of Leaders UNDRIP Memorandum of Understanding,
Beginning with the review of policy 11.51 "Aboriginal Land Claims;"
Continuing with the review of the policies listed under the authority of the Executive Council and ministerial policies;
While at the same time, establishing an understood process to ensure a "check in" with Indigenous governments and Members of the Legislative Assembly before final versions are concluded.
I will now pass it over to the MLA for Inuvik Twin Lakes.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Yellowknife North . Member for Inuvik Twin Lakes .
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Lesa Semmler
Inuvik Twin Lakes
Thank you, Mr. Speaker.
Moving Agreements to Conclusion
Repeatedly, committee heard from Indigenous nations the desire to develop mechanisms and processes to move land and self-government agreements forward. We also heard that change is needed immediately and that, at the same time, agreements need to work on the ground and also have legal complexities that require more time for the negotiation process.
The need for policies encouraging approaches to negotiating and concluding land and self-government agreements is imminent. The GNWT provides some guidance with the NWT Core Principles and Objectives; however, to address the concerns that have troubled NWT negotiation processes, a co-developed policy framework would open paths for a renewed relationship.
An example of activities overhauling an outdated Canadian negotiation approach is British Columbia's 2019 treaty negotiation policy, co-developed by the federal and provincial governments and the First Nations Summit. The policy replaces the previous settlement language with a rights-based negotiation approach and removes extinguishment clauses. Canada changed the federal negotiation approach by adopting the British Columbia negotiation policy principles, established Discussion Tables for negotiations and created the Collaborative Self-Government Fiscal Policy.
The federal government put forward the realization that it requires flexibility to not only complete agreements but also to provide the means so that Indigenous parties strive for self-determination. Canada acknowledges that the concept of the 1980s and 1990s agreements is entirely different from today and that the needs have evolved since then.
Changing the status quo of the NWT negotiation process may require co-developing a process that will allow specific mechanisms borne out of the self-determination of Indigenous nations without land agreements. Canada's Mackenzie Valley Resource Management Act (MVRMA) established a regulatory regime in the NWT's Mackenzie Valley that resulted from negotiations of comprehensive land agreements. Committee heard the MVRMA was considered the basis of governments' resource management regime for all NWT, including areas without completed land agreements.
Committee suggests the GNWT take the existing negotiation tables as an opportunity to co-develop a policy framework for negotiating and concluding land agreements and potentially other agreement processes.
This GNWT policy framework would:
Commit governments to co-develop a land agreement and self-government policy framework.
Ensure that the negotiation process respects the inherent rights of all Indigenous nations.
Develop approaches recognizing the rights of participating Indigenous nations to choose different paths to resolve land, water and resources issues.
Ensure that governments remain connected and equally informed at the negotiation tables.
Facilitate alignment of policies.
To ensure that mechanisms and processes will move land and self-government agreements toward conclusion, committee recommends the following:
And further,
That the Government of the Northwest Territories make the option of an independent facilitator available to all negotiation tables.
Conclusion
Committee has learned of the Indigenous leaders' profound commitment, tirelessly representing their communities' interests over decades and persuading governments of the need for reconciliation just as tirelessly and long.
A collaborative approach looks at the interests of all parties, understands that it is about balancing rights and interests, and aims at crafting solutions that meet the groups' interests. Challenges may include overlaps and intergovernmental issues but must be dealt with. Getting better at collaborating will help overcome the obstacles.
Recommendation 6: The Special Committee on Reconciliation and Indigenous Affairs recommends that the Government of the Northwest Territories respond to the recommendations contained in this report within 120 days.
Mr. Speaker, I move, seconded by the Member for Yellowknife North , that Committee Report 44-19(2), Special Committee on Reconciliation and Indigenous Affairs Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous People and Negotiating Agreements, be received by the Assembly and referred to Committee of the Whole for further consideration. Thank you, Mr. Speaker.
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Page 5450
The Speaker
Frederick Blake Jr.
Thank you, Member for Inuvik Twin Lakes . The motion is in order. To the motion?
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Some Hon. Members
Question.
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The Speaker
Frederick Blake Jr.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Committee Report 44-19(2) will be moved into Committee of the Whole for further consideration.
---Carried
Reports of standing and special committees. Returns to oral questions. Acknowledgements. Oral questions. Member for Hay River South .
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Question 1395-19(2): Flood Mitigation
Oral Questions
Page 5450
Rocky Simpson
Hay River South
Thank you, Mr. Speaker. Mr. Speaker, will the Minister responsible for MACA tell me if funding has been accessed by this government, the Town of Hay River, or Indigenous governments, to the National Disaster Mitigation Program, or other programs, to address flood mitigation assessment planning and projects? Thank you.
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The Speaker
Frederick Blake Jr.
Thank you, Member for Hay River South . Minister responsible for MACA .
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Question 1395-19(2): Flood Mitigation
Oral Questions
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Shane Thompson
Nahendeh
Thank you, Mr. Speaker. Mr. Speaker, in the past the department has accessed national disaster mitigation funding. Example is the Tuk remediation community mitigation plan. Unfortunately in 2021-2022, that program got sunsetted and so it's not available. However, in saying that, MACA is working closely with leadership and administration of the Town of Hay River and the K'atlodeeche First Nation Reserve on community level mitigation. MACA's working closely with the town, the reserve, and the federal government to determine which mitigation options are eligible for federal funding, government funding.
Public Safety Canada's conducted an eligibility review of the town's Hay River list. And the Member talked about a number of items, and I believe the town submitted the majority of them, if not all. The intent is to provide certainty in the Town of Hay River on what projects will be funded through the DFA and other programs available. So we are working through this process. Thank you, Mr. Speaker.
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Question 1395-19(2): Flood Mitigation
Oral Questions
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Rocky Simpson
Hay River South
Thank you, Mr. Speaker. Mr. Speaker, we've had a number of floods over the last two years, and the Minister had mentioned on various occasions about lessons learned. So will the Minister tell me where the department is in developing a “lessons learned” report on flooding and when can we expect to receive it? Thank you.
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Question 1395-19(2): Flood Mitigation
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Shane Thompson
Nahendeh
Thank you, Mr. Speaker. Mr. Speaker, Municipal and Community Affairs started working on the first phase of the afteraction review for the 2022 flood, which is focused on preparedness and response. Feedback was sought through online surveys, which was open to the public from January 9th to the 23rd. MACA consultants held public engagement session in Hay River on January 19th. Consultants complied target interviews -- or going to interview key regional and territorial emergency management organizations in community, people in the community. We expect a
summary of the final report of phase one on the after-action program to be available this summer. Then phase two will be after the completion of the recovery phase and it will undertake this winter -- or coming up winter. Thank you, Mr. Speaker.
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Question 1395-19(2): Flood Mitigation
Oral Questions
Page 5450
Rocky Simpson
Hay River South
Thank you, Mr. Speaker. Mr. Speaker, the reality is that we'll never be able to completely stop flooding, so we have to find a way to mitigate it and mitigate the damage it does. It's important that we keep our residents safe.
So will the Minister tell me what supports his department has provided to the Town of Hay River and surrounding communities to ensure an emergency preparedness and evacuation plan is in place prior to the upcoming spring breakup on the Hay River? Thank you.
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Question 1395-19(2): Flood Mitigation
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Page 5450
Shane Thompson
Nahendeh
Thank you, Mr. Speaker. This might be a little bit of a longer answer, and I apologize. Municipal and Community Affairs is reaching out to all community governments to offer updated community plan templates and community flood preparedness packages, community emergency planning workshops, tabletop exercises to practice and validate emergency plans. Municipal and Community Affairs has worked with the Hamlet of Enterprise to deliver a community emergency planning workshop. A workshop is scheduled for the reserve for early March.
MACA's ongoing discussions with the town to provide support in updating the community emergency plan. The Be Ready for Flood campaign is being rolled out to residents and community governments of the importance of planning and prepared for flooding. We've also hired five regional staff that are working with all the impacted communities, or potential impacted communities, to work on their preparedness for this. And we have increased our staff at headquarters as well. So we've started working on this -- or enhancing our services to the communities. Thank you, Mr. Speaker.
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Question 1395-19(2): Flood Mitigation
Oral Questions
Page 5450
The Speaker
Frederick Blake Jr.
Thank you, Minister. Final supplementary. Member for Hay River South .
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Question 1395-19(2): Flood Mitigation
Oral Questions
Page 5450
Rocky Simpson
Hay River South
Thank you, Mr. Speaker. Mr. Speaker, advanced warning of potential flooding is instrumental in keeping people safe. Any break in the warning system could result in damage to property or, worse, loss of life.
Will the Minister tell me what, if any, work has been done to ensure that there is an early flood warning, flood alert, and imminent flood warning system in place for this spring breakup along the Hay River? Because I know in the past some of the instruments that were on the river were damaged. Thank you.
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Question 1395-19(2): Flood Mitigation
Oral Questions
Page 5450
Shane Thompson
Nahendeh
Thank you, Mr. Speaker. And I thank the Member for these questions. Mr. Speaker, Municipal and Community Affairs will issue alerts on communities' requests and working with them on developing the process. We have also offered to work with the Town of Hay River, the reserve, and Enterprise to develop templates for alerts to assist with assistance of alerts required on urgency basis. We've also worked with ENR as well to get that information out to the residents as and when needed. Thank you, Mr. Speaker.
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Question 1395-19(2): Flood Mitigation
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Page 5450
The Speaker
Frederick Blake Jr.
Thank you, Minister. Oral questions. Member for Great Slave .
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Question 1396-19(2): Food Security
Oral Questions
Page 5450
Katrina Nokleby
Great Slave
Thank you, Mr. Speaker. Mr. Speaker, my questions are for the Minister of ITI who is responsible for the agriculture sector. As I said in my statement, it was really exciting to be at the conference last week and I noted that ITI was there. Not only was there a tourism component but there was also people attending the conference. So could the Minister speak a little bit about what she plans to get from her staff that attended, what sort of feedback were they giving, and how is that going to be incorporated into the department's work? Thank you, Mr. Speaker.
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Question 1396-19(2): Food Security
Oral Questions
Page 5450
The Speaker
Frederick Blake Jr.
Thank you, Member for Great Slave . Minister responsible for Industry, Tourism and Investment .
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Question 1396-19(2): Food Security
Oral Questions
Page 5450
Caroline Wawzonek
Yellowknife South
Thank you, Mr. Speaker. Mr. Speaker, it was a pleasure to also be at that conference albeit in my case very briefly. I have, however, already received a
summary from the department about their attendance. And immediately on my arrival on the Friday, I was very pleased to hear from them that they had been at the visioning exercise that took place the day before. I would share the comments earlier. There was a distinct sense of excitement and interest in the room because it did stretch across the entire food value chain from production and growing, harvesting, through to the commercial aspects of the food chain.
So with respect to some next steps, Mr. Speaker, there is a report coming back from the executive director of the agri-food organization, and I am quite confident that when we receive that, we'll be able to work with her and action some of the items that came through. I know they'll be -- I've also spoken to their president of the board, and he is also looking to sit down with myself and the department to see and map out where we can all work better and work together to move forward following this conference. Thank you, Mr. Speaker.
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Question 1396-19(2): Food Security
Oral Questions
Page 5450
Katrina Nokleby
Great Slave
Thank you, Mr. Speaker. And I thank the Minister for her response. And I'm actually not surprised to hear that she's already gotten a
summary report because I did note that the people that were there from the department also seemed to be very keen and excited by the conference.
Mr. Speaker, I note that there has been an agricultural strategy for the Northwest Territories that ranged up to 2022. Can the Minister speak about the next step for that strategy and whether or not there's going to be a report on how well the last five years did? Thank you.
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Question 1396-19(2): Food Security
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Caroline Wawzonek
Yellowknife South
Thank you, Mr. Speaker. Mr. Speaker, at this point the next steps are to ensure that we have continuous funding and availability of funding. And I can say that the Canadian agricultural partnership, which is one of the most significant funding sources available, has been renegotiated between the federal government and all provinces and territories. It is seeing a 25 percent increase over the next five years. And with that now in place, that puts us in a good position to look forward and determine where the GNWT can and how we can actually look at our growing sector.
I would also note there's other funding opportunities, often working with CanNor, often working with other federal pots. So, again, having had this conference with a viable organization and association they're running, we're in a much better place to look forward to what the next five years should bring. Thank you, Mr. Speaker.
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Question 1396-19(2): Food Security
Oral Questions
Page 5451
Katrina Nokleby
Great Slave
Thank you, Mr. Speaker. And I'm glad to hear the Minister acknowledge that there is more than just a food conversation and that it does span a lot of the different sectors. I'm interested to know a little bit more about that renegotiated federal pot of funding. Glad to hear it's 25 percent, however is there the ability to be flexible with that money and not have it go towards directly agricultural products like seeds? The reason I ask is that one of the number one cited barriers are things like fuel, power, heat, and transportation so I'm wondering if we have flexibility with that money. Thank you, Mr. Speaker.
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Question 1396-19(2): Food Security
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Caroline Wawzonek
Yellowknife South
Thank you, Mr. Speaker. Mr. Speaker, the specific implementation of the federal funds is being negotiated literally right now. What I can say is that there are five priority areas that were negotiated between the provinces, territories, and federal government. And they are reflective of priorities that I think we have here in the North. One, climate change and environment and looking to adapt. Another one, market development and trade, again recognizing the breadth of opportunities here in the Northwest Territories.
Building sector capacity, growth, and competitiveness, which certainly will speak to the higher cost that we have here. And science research and innovation, again looking for ways to adapt to northern realities and northern opportunities