Budget, Oral Questions, Adoption Act, Real Estate Agents Licensing Act — 13 June 2002 (14th Assembly, 5th Session, pp. 741–776)
2002-06-13, 14th Assembly 5th Session, pp. 741–776
Northwest Territories — Debates (Hansard)
Debates of June 13th, 2002
This is page numbers 741 - 776 of the Hansard for the 14th Assembly, 5th 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 assembly .
Topics
Members Present
Item 1: Prayer
Action Plan For Seniors' Programs And Services
Congratulations To The Graduates Of 2002
Providing Assisted Living To NWT Residents
Negative Impacts Of Capital Project Cost Overruns
Tribute To Lil Broadhead
Great Slave Lake Commercial Fishery Conference
Comments On The Business Incentive Policy
Affordable Housing In Yellowknife
Tribute To Francis Blackduck
Competitive Compensation For Stanton Employees
Passing Of Alfred Thomas
Suspension Of The Business Incentive Policy
Committee Report 6-14(5): Special Committee On The Implementation Of Self-government And The Sunset Clause Report On Sunset Clause
IntroductionDescription And Mandate Of The Special Committee
What Is The Sunset Clause?
Electoral Districts
Member
Repeal Of Electoral Districts
What Does The Sunset Clause Do?Repeal Of Electoral Districts
Two Scenarios
Repercussions
Who Would Govern The NWT In The Interim?
Premier And Ministers
Resumption Of Authority By The Commissioner
Governance, Claims And Treaty Negotiations Since 1999
How Electoral Districts Are Established
Representation By Population
Federal, Provincial And Territorial Practices
Responsibilities Of Mlas
Canadian Practice
NWT Electoral Districts Boundaries Commissions
Advisory Bodies
Establishing The Electoral Districts For The 14th Legislative Assembly
Public Consultation
The Options
More Consideration Needed
Repeal The Clause
Interpreting The Options
An Electoral Boundaries Commission
Current Distribution Of Districts
Place Of Yellowknife
Self-government
Summary
Committee Conclusions
RecommendationsRecommendation 1 -- Repeal Of The Sunset Clause
Recommendation 1
Recommendation On Electoral Boundaries Commission Legislation
Recommendation 2
Next Steps
Committee Report 7-14(5): Report On The Review Of The Languages Commissioner's Annual Report, 2000-2001
History
Review Of The Official Languages Act
Languages Commissioner
Annual Report 2000-2001
New Vision And Mandate
Establishment Of An Advisory Board
Languages Commissioner -- Recommendation 1
Languages Commissioner -- Recommendation 2
Languages Commissioner -- Recommendation 3
Languages Commissioner -- Recommendation 4
Languages Commissioner -- Recommendation 5
Recommendation
Conclusion
Committee Report 8-14(5): Report On The Review Of The Access To Information And Protection Of Privacy Commissioner's Annual Report 2000-2001
The Standing Committee Review
Recommendations From The Access To Information And Privacy Commissioner's 2000-2001 ReportThe Inclusion Of Municipalities As Public Bodies Under The Current Act
Canadian Territories Considered "federal Works"
Item 6: Recognition Of Visitors In The Gallery
Revert To Item 5: Returns To Oral Questions
Social Housing Shortage In Yellowknife
Deh Cho Road Conditions
Highway Maintenance Resources
Support For Families With Special Needs Children
NWT Residents In Southern Institutions
Business Incentive Policy Review Process
Business Incentive Policy Issues
Forest Fire Management Policy
Capital Project Budgeting Process
Stanton Hospital Operating Budget
Eligibility For Local Preference
Bill 5:
An Act To Amend The Adoption Act And Family Law Act
Tabled Document 40-14(5): Action Plan: Report On The Review Of Programs And Services For Seniors, March 2002
Tabled Document 41-14(5): Inuvialuit Final Agreement Implementation Coordinating Committee Annual Report, 2000-2001
Tabled Document 42-14(5): Gwich'in Comprehensive Land Claims Agreement, Annual Report Of The Implementation Committee, April 1, 2000 To March 31, 2001
Tabled Document 43-14(5): Response To Petition 1-14(5)
Bill 15:
An Act To Amend The Real Estate Agents Licensing Act
Bill 16: Interjurisdictional Support Orders Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
To Amend Clause 37(2) Of Bill 12,
An Act To Amend The Elections Act (carried)
Item 20: Report Of Committee Of The Whole
Bill 3:
An Act To Amend The Public Service Act
Bill 6:
An Act To Amend The Financial Administration Act
Bill 11:
An Act To Amend The Liquor Act
Item 22: Orders Of The Day
Members Present
Honourable Roger Allen , Honourable Jim Antoine , Mr. Braden , Mr. Delorey , Mr. Dent , Mrs. Groenewegen , Honourable Joe Handley , Mr. Lafferty , Ms. Lee , Mr. McLeod , Honourable Michael Miltenberger , Mr. Nitah , Mr. Roland , Honourable Vince Steen , Honourable Tony Whitford .
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-- Prayer
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Item 1: Prayer
Item 1: Prayer
Page 741
The Speaker
Tony Whitford
Thank you, Mrs. Groenewegen . Please be seated. Good afternoon, colleagues. What a beautiful day. Item 2, Ministers' statements. The honourable Minister responsible for Seniors , Mr. Miltenberger .
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Minister's Statement 49-14(5): Action Plan For Seniors' Programs And Services
Item 2: Ministers' Statements
Page 741
Michael Miltenberger
Thebacha
Thank you, Mr. Speaker. Mr. Speaker, the Members of this Legislative Assembly have recommended that the GNWT take steps to improve the programs for our growing community of NWT seniors. The government responded to this recommendation by creating an interagency working group to conduct a technical review of existing GNWT programs and services and then consult with NWT seniors. This work has been completed and the result has been the creation of an action plan outlining activities that will occur over the next year to strengthen programs and services available to seniors.
The Seniors Action Plan was released on June 5th, during Seniors' Week, with the president of the NWT Seniors' Society, Mrs. Beatrice Campbell, in the company of seniors at the annual Seniors Social Tea.
The Seniors Action Plan represents a cooperative effort by GNWT departments, committing to work together and with the NWT Seniors' Society towards a common goal: "to improve programs and social supports for seniors." In this respect, Mr. Speaker, it represents a fundamental shift in how this government has been addressing seniors' issues.
The action plan was prepared following public consultations during the spring of 2001. Seniors voiced that they generally liked many features of programs and services currently offered by the GNWT. However, seniors expressed:• that they want improved coordination of services they need so they do not have to go to many different agencies to access them;• the importance of program integration so that different services worked well together to meet seniors' needs; and• that it is essential they have a voice in shaping government programs and policies that impact their lives.
Mr. Speaker, the action plan responds to these comments. It identifies ways to improve coordination of seniors' programs at the community level that include the investigation of:• single points of entry for all seniors' programs and services;• consolidating all toll-free lines for seniors; and• establishing coordinating committees for seniors.
The plan also identifies key program areas that require examination to ensure they are appropriately targeted. Specifically, the report describes actions that will result in the review of:• income assessment and financial assistance programs;• home heating and shelter benefits;• housing repair and maintenance;• independent living and housing programs;• continuing care programs; and• extended health benefits.
Finally, Mr. Speaker, this action plan formalizes an ongoing working relationship between the government and NWT seniors through:• a Seniors' Forum, to be held once during the term of each Assembly; and• a comprehensive review of seniors' programs and services during the term of each Assembly.
Mr. Speaker, as this House knows, I like to move issues forward and see tangible results in the short term. The majority of activities identified in the action plan will be completed by next summer. We have already begun work in cooperation with the NWT Seniors' Society in several of the areas described in the report.
Mr. Speaker, this work has reinforced our close and collaborative working relationship with the NWT Seniors' Society. The action plan builds on things we are doing right and makes adjustments to the areas that need improvement.
Our seniors deserve programs and services that will maintain and improve their quality of life, and so enrich our northern society and communities. Thank you, Mr. Speaker.
-- Applause
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Minister's Statement 49-14(5): Action Plan For Seniors' Programs And Services
Item 2: Ministers' Statements
Page 741
The Speaker
Tony Whitford
Thank you, Mr. Minister. Item 2, Ministers' statements. The honourable Minister responsible for the Department of Education, Culture and Employment, Mr. Handley .
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Minister's Statement 50-14(5): Congratulations To The Graduates Of 2002
Item 2: Ministers' Statements
Page 742
Joe Handley
Weledeh
Thank you, Mr. Speaker. Mr. Speaker, graduation day is a big event in the lives of the individuals and their families. The festivities invoke emotions ranging from anxiety and sadness to happiness and relief. Graduation gives individuals the sense of accomplishment that comes from having reached a goal or realized a dream.
Some of the class of 2002 have faced significant challenges in their efforts to obtain a diploma, Mr. Speaker. Most have met and overcome those challenges because of their hard work, willpower, commitment and self-discipline. Graduates enjoy the support of family and friends and of teachers, school administrators and other community members. This support is invaluable and helps to instil in young people a greater appreciation of the value of community and family.
Mr. Speaker, the students who have graduated this year, whether from high school, college or university, are excellent role models. They have demonstrated the character traits and behaviour needed to set and reach a goal.
Mr. Speaker, I would like to take this opportunity to acknowledge and congratulate some of those individuals. Jennifer Vane, of Yellowknife, is one of 200 national winners to receive a Canada Millennium Scholarship of $4,000 per year for up to four years.
The winner of a second Canada Millennium Scholarship, this one awarded locally, is Ashley Woodward. She will use the $4,000 scholarship to study forensic science at the University of Toronto. Ashley is a graduate of St. Patrick High School in Yellowknife.
Mr. Speaker, I would also like to make special mention today of the students who graduated in Inuvik from the Aboriginal Language and Cultural Instructor Program. I understand that Liz Hansen, who coordinated the program, has done a remarkable job in reviving this vital program and building support for it in the communities. These graduates are poised to make a personal contribution to the preservation of the unique identity that characterizes the Northwest Territories. Their work will help to ensure that diversity and linguistic plurality, the threads that link our rich cultural mosaic, will continue to pass from generation to generation.
Mr. Speaker, I am proud of our graduates and their achievements. To me, they demonstrate the incredible potential of the Northwest Territories. Each of them will help us to realize our full potential as a Territory, as they realize their own. Thank you, Mr. Speaker.
-- Applause
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Minister's Statement 50-14(5): Congratulations To The Graduates Of 2002
Item 2: Ministers' Statements
Page 742
The Speaker
Tony Whitford
Thank you, Mr. Minister. Item 2, Ministers' statements. Item 3, Members' statements. The honourable Member for Frame Lake , Mr. Dent .
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Providing Assisted Living To NWT Residents
Item 3: Members' Statements
Page 742
Charles Dent
Frame Lake
Thank you, Mr. Speaker, and good afternoon. Mr. Speaker, I rise today to speak about an issue that affects a small portion of our population, a group who often has very little to say in the quality of their lives. I am speaking of those who require continuous care or supervision. They are often aged or facing a physical or cognitive impairment. Some have fetal alcohol syndrome.
Mr. Speaker, in a needs assessment study conducted two years ago, 1,780 NWT citizens living in households were identified as having a moderate to severe disability. This figure does not include those with current mild disabilities that may escalate the number to more than 5,000, nor does it include individuals who are living in institutions or in assisted living situations in the south, away from family and a more familiar northern setting.
Mr. Speaker, it also does not include homeless individuals living in our communities who could become more productive through assisted living, those with emotional and cognitive impairment. Too often they come to our attention only as a result of a run-in with the justice system.
Mr. Speaker, recently, members of the Standing Committee on Social Programs travelled to Alberta with the Minister of Health and Social Services to visit facilities that housed NWT residents. We visited psychiatric institutions and assisted living providers and found a very dedicated group of individuals providing good service to our people.
However, Mr. Speaker, Northerners are far from home and family when placed in Edmonton or Red Deer or elsewhere south of 60.
At the recent annual conference of the Alberta Association for Community Living, the point was made again and again; individuals with severe disabilities receive far better care close to family and friends than in institutions.
In fact, Mr. Speaker, in our recent review of programs and services for seniors, the working group clearly recommends a program of support for families, spouses and other persons when the cognitively impaired are living at home.
They further recommend, and I completely agree, that the Government of the Northwest Territories must examine options for housing the cognitively impaired. Assisted living has repeatedly been proven as a sustainable approach that provides better care and a much better quality of life.
Mr. Speaker, I believe it is high time that our government commit to increasing the opportunities for assisted living in the Northwest Territories. We are doing a disservice to that portion of our population which does not have its voice heard.
Providing assisted living opportunities in the North not only improves the quality of life for those facing big challenges but it makes economic sense too. Thank you, Mr. Speaker.
--Applause
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Providing Assisted Living To NWT Residents
Item 3: Members' Statements
Page 742
The Speaker
Tony Whitford
Thank you, Mr. Dent . Item 3, Members' statements. The honourable Member for Deh Cho , Mr. McLeod .
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Negative Impacts Of Capital Project Cost Overruns
Item 3: Members' Statements
Page 743
Michael McLeod
Deh Cho
Thank you, Mr. Speaker. Mr. Speaker, over the past few days, this government has been questioned on matters of the BIP policy and whether or not suspension for phase two of the North Slave Correctional Facility project is justified. Today I want to voice concern over this project also. However, my concerns are to highlight the issue of cost overruns on a project of this nature and how it affects communities outside of Yellowknife.
Mr. Speaker, the North Slave Correctional Facility was developed based on 1999 dollars. I ask, was this project intended to be completed in 1999? If the project was scheduled to be completed at a later date, why was this not a consideration?
I can fully understand the difficulty in projecting costs on any of these larger, government funded projects. However, when costs are at 28 percent, or in this case, a total of $9.9 million over budget, it becomes unacceptable. We have cause for concern.
In the last while, we have seen too many cost overruns on too many of our projects. For example, the Laing Building was $900,000 over project costs. The young offenders' facility in Inuvik was $830,000 over. I understand that the Aurora College building in Inuvik is also having difficulties and will be seeking additional dollars. Mr. Speaker, I am sure if I dug deeper, we would find more examples of this nature.
I have to wonder, Mr. Speaker, who do we have developing our budgets? Why is it whenever the government undertakes projects, we think we can do it cheaper than private industry? Are we that inexperienced? Is it because we have incompetent staff? Or is it because we are being taken for a ride by the northern contractors? In any event, it is evident that this government does not have the information or answers to these questions.
When we are forced to take dollars from one area to cover this government's error in costing, it means all the people in the Northwest Territories suffer. Mr. Speaker, we need to put an immediate stop to this bleeding of public dollars. We should be spending dollars on housing, on education, on health, on economic development. Instead of overspending on jails, we should be addressing the problems associated with why people are being...
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Negative Impacts Of Capital Project Cost Overruns
Item 3: Members' Statements
Page 743
The Speaker
Tony Whitford
Mr. McLeod , your time is up.
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Negative Impacts Of Capital Project Cost Overruns
Item 3: Members' Statements
Page 743
Michael McLeod
Deh Cho
Mr. Speaker, I seek unanimous consent to conclude my statement.
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Negative Impacts Of Capital Project Cost Overruns
Item 3: Members' Statements
Page 743
The Speaker
Tony Whitford
Thank you. The honourable Member is seeking unanimous consent to conclude his Member's statement. Are there any nays? There are no nays. Mr. McLeod , you may continue.
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Negative Impacts Of Capital Project Cost Overruns
Item 3: Members' Statements
Page 743
Michael McLeod
Deh Cho
Thank you, Mr. Speaker. Mr. Speaker, the more I consider the negative impacts this cost overrun has on my constituents and other Members' constituents in ridings outside of Yellowknife, I cannot in good faith support this government's request for any additional funding to this project.
This government should not be coming back to this Legislative Assembly for additional supplementary appropriations on this project. If the project cannot be completed within the current budget, then this government must consider downsizing the project or eliminating those non-essential parts of this project. Thank you, Mr. Speaker.
-- Applause
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Negative Impacts Of Capital Project Cost Overruns
Item 3: Members' Statements
Page 743
The Speaker
Tony Whitford
Thank you, Mr. McLeod . Item 3, Members' statements. The honourable Member for Hay River South , Mrs. Groenewegen .
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Tribute To Lil Broadhead
Item 3: Members' Statements
Page 743
Jane Groenewegen
Hay River South
Thank you, Mr. Speaker. Mr. Speaker, today we would like to pay tribute to the life and memory of Lil Broadhead, who recently passed away. Hay River is a small town and there had been numerous families arriving in the early days, putting down roots. They had families, built businesses and were an integral part of life in Hay River. Keith and Lil Broadhead married and moved to Hay River from Saskatchewan in 1959. They had their children, Curtis, Brenda and Kelly, established Keith's Water Service and eventually spent their time between their farm in Keg River and their home in Hay River. They had a good and full life.
They were very involved in the community and enjoyed many close friendships. We never know what the future will hold in our lives but long before death should have parted them, Keith was tragically killed in an automobile accident. Just two days prior to that, almost four years ago, Lil had been diagnosed with cancer and only given six months to live. Fortunately she defied those predictions and lived for another four years. I know that these extra months and years were full of especially precious memories for her children, grandchildren and friends.
Keith and Lil Broadhead's contribution to Hay River lives on through their children and their families. Although gone, they will not soon be forgotten. They will be long remembered as a part of a larger family of people who have made Hay River the community that it is today. Thank you, Mr. Speaker.
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Tribute To Lil Broadhead
Item 3: Members' Statements
Page 743
The Speaker
Tony Whitford
Thank you, Mrs. Groenewegen . Item 3, Members' statements. The honourable Member for Hay River North , Mr. Delorey .
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Great Slave Lake Commercial Fishery Conference
Item 3: Members' Statements
Page 743
Paul Delorey
Hay River North
Thank you, Mr. Speaker. Mr. Speaker, I rise today to bring well-deserved recognition to the NWT Fishermen's Federation for the success of the Great Slave Lake Commercial Fisheries Conference held on May 10th and May 11th in Hay River.
This conference, Mr. Speaker, was very timely as it dealt with a number of issues that were very pertinent to the commercial fishermen of the Northwest Territories.
There were a number of topics discussed at the conference, Mr. Speaker. These included legislation, legislation's impact on the fishing industry, stock management and assessment, financing programs and initiatives, marketing and industry trends, current technology, and last but certainly not least, employment, training and retention.
Mr. Speaker, approximately 80 people attended the conference and participants included commercial fishermen, government officials and industry representatives. I had the distinct pleasure of attending and taking
part in this conference, Mr. Speaker, and I would like to state that a number of very important initiatives were discussed.
Mr. Speaker, at this time, I would also like to personally thank the Honourable Jim Antoine , Minister of Resources, Wildlife and Economic Development, and the Honourable Ethel Blondin-Andrew, Western Arctic Member of Parliament, for attending this conference. I was encouraged by their presence and their willingness to address the needs of commercial fishermen.
I am very encouraged, Mr. Speaker, by the ongoing efforts of the NWT Fisherman's Federation to look at a creative and more cost-effective environment for harvesting on the Great Slave Lake.
Mr. Speaker, there should be training programs initiated by the Department of Education in conjunction with our right to address the very real problem of the lack of young people wanting to enter the commercial fishing industry in the North.
Mr. Speaker, the fishermen currently on Great Slave Lake are aging. There are not enough youth coming up through the ranks. I believe there should be incentives for our youth to get on board, so to speak, as I would not want to see this viable industry decline due to a lack of fishermen.
I believe it is imperative, Mr. Speaker, that we as a government should do everything in our power to assist our commercial fishermen in maintaining a longstanding, viable industry. Mr. Speaker, I intend to continue to work with the commercial fishermen to ensure that a sustainable commercial fishery is maintained. Thank you, Mr. Speaker.
-- Applause
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Great Slave Lake Commercial Fishery Conference
Item 3: Members' Statements
Page 744
The Speaker
Tony Whitford
Thank you, Mr. Delorey . Item 3, Members' statements. The honourable Member for Tu Nedhe , Mr. Nitah .
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Comments On The Business Incentive Policy
Item 3: Members' Statements
Page 744
Steven Nitah
Tu Nedhe
Mahsi cho, Mr. Speaker. Mr. Speaker, I rise today to speak about BIP as well. Mr. Speaker, there has been a lot of controversy in the House, a lot of talk and questions to the Ministers on the elimination of BIP for the second phase of the correctional centre to be developed here in Yellowknife. I totally concur and agree with my colleague, Mr. McLeod , when he asks why are we spending too much money on building jails when we need the money for social issues such as education and housing. We are spending a lot of money on developing first-class accommodations for those who break our laws and we cannot provide enough accommodation for our people in the Northwest Territories.
When BIP was first created, Mr. Speaker, the construction industry needed a bottle to be fed. It was in its infancy. Today, Mr. Speaker, when we are experiencing unsurpassed development, everybody is busy. Our construction industry has grown up, and I believe now is the time to take the soother out that is the BIP.
BIP costs this government anywhere between 10 and 20 percent in extra costs, and that is putting a strain and a challenge to putting up houses that are badly needed in our communities. To build our schools and recreational facilities, that is an extra 20 percent to the actual cost. I believe the people of the Northwest Territories are now ready for open competition. I believe that our construction industry is ready for open competition and that the people of the Northwest Territories should pay the best price they can get.
Maybe the elimination of BIP entirely is not the answer or the way to go, Mr. Speaker, but maybe we should factor in different levels of spending. If it is anything more than a million dollars, maybe BIP should not apply. There has to be a more concentrated effort given to BIP and the implications of BIP on the social aspect of life in the Northwest Territories. I agree with the Cabinet when they made their decision. Thank you, Mr. Speaker.
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Comments On The Business Incentive Policy
Item 3: Members' Statements
Page 744
The Speaker
Tony Whitford
Thank you, Mr. Nitah . Item 3, Members' statements. The honourable Member for Great Slave , Mr. Braden .
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Affordable Housing In Yellowknife
Item 3: Members' Statements
Page 744
Bill Braden
Great Slave
Thank you, Mr. Speaker. I rise today to speak again about our cost of living battle and, more specifically, a place, particularly an affordable place, to live. The weekly newspapers, through their employment opportunities and real estate sections, go straight to the facts of this situation. There is a lot of work, Mr. Speaker, but not much choice in a place to live.
I think we are turning the corner on this. In my own riding of Great Slave, Nova Construction recently completed a 60-unit apartment building. For the first time since the construction of the Centre Square complex in 1989, we see a construction crane on the skyline here in Yellowknife as it builds the Polar Development 14-storey 100-unit apartments. It is good news. It shows that investors and builders are supporting our economy and taking up the opportunities that are presenting themselves, Mr. Speaker.
Some 223 multi-family units and apartments have been completed or approved for construction. Ninety-six single family units are being added to the housing, and my understanding is that there is an additional 200 or more units in the discussion or planning stage.
Mr. Speaker, affordability and social housing are critical issues that will not so quickly be turned around. Mr. Speaker, Yellowknife is a magnet community. It is a consequence of our strong economy. People come here for the jobs, the services and perhaps the social and medical programs they require. However, I am reminded daily that the activity and excitement in Yellowknife is a mixed blessing. There are pressures on our infrastructure, the cost of living and lifestyle choices that make it hard for those with limited resources.
A constituent called last week, a single mother with a school-aged child, who has been looking for a place to live in Yellowknife for ten months. She has very few choices. The Yellowknife Housing Authority has about 300 units in its public housing inventory, Mr. Speaker, but there are 180 people on the waiting list for more and there is very little turnover in the existing stuff.
Mr. Speaker, while there is a great deal of optimism about our situation, there are concerns. Housing difficulties are a greater limitation on our economy and the choices our people have. I will be questioning the Minister on this issue later today. Thank you.
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Affordable Housing In Yellowknife
Item 3: Members' Statements
Page 745
The Speaker
Tony Whitford
Thank you, Mr. Braden . Item 3, Members' statements. The honourable Member for North Slave , Mr. Lafferty .
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Tribute To Francis Blackduck
Item 3: Members' Statements
Page 745
Leon Lafferty
North Slave
Thank you, Mr. Speaker. Mr. Speaker, early last month, the Northwest Territories said goodbye to an individual who played a pioneer role in aboriginal politics in the Northwest Territories. Francis Blackduck of Rae-Edzo was only 55 when he died. Throughout his short but busy life, Francis worked to ensure that the rights of aboriginal peoples of the Northwest Territories be recognized and respected. As a result of his efforts, aboriginal people in the Northwest Territories, especially aboriginal youth, will be the recipients of many of the social, political and economic benefits of development.
In May, people gathered in Rae to celebrate his life. Francis was remembered as a believer and a strong defender of the rights and values of the Dogrib people. Representatives of Indian Affairs and Northern Development acknowledged in writing his ability to work well in two worlds, the world of the Dogrib people and the world of western culture.
We have a saying that when a person is grounded in their own culture but is able to understand the concerns, goals and views of other cultures, that they are strong like two people. Francis Blackduck had this strength and this gift. Francis had a long career working with aboriginal, territorial and federal governments and agencies. He was instrumental in the early 70s in establishing the Indian Brotherhood of the Northwest Territories. This organization is now the Dene Nation. He also worked with a variety of resource companies.
Mr. Speaker, whether he was working on behalf of the Dogrib people as a band councillor or interpreting and translating complex and technical environmental, mining or legal terms, Francis demonstrated his understanding of the issues -- the issues of custom, culture and economic aspirations of his people and those of others who chose to live and do business in the North.
Mr. Speaker, Francis Blackduck will be missed. Besides his political contributions, I will remember Francis for his contributions to dog mushing. He helped to re-establish this sport in the community of Rae. He was a man who was active locally, regionally and territorially. Although he is gone, his efforts have created positive benefits that will continue on. Thank you, Mr. Speaker.
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Tribute To Francis Blackduck
Item 3: Members' Statements
Page 745
The Speaker
Tony Whitford
Mahsi, Mr. Lafferty , thank you. Item 3, Members' statements. The honourable Member for Range Lake , Ms. Lee .
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Competitive Compensation For Stanton Employees
Item 3: Members' Statements
Page 745
Sandy Lee
Range Lake
Thank you, Mr. Speaker. Mr. Speaker, I would like to take the opportunity today to talk again about the crisis at Stanton Hospital. Mr. Speaker, I just came back from talking to the health care workers at the hospital who were engaged in a walkout during the lunch hour.
Mr. Speaker, years of complaints from these workers continue to go unnoticed, and I have to urge the Minister of Health and Social Services again to come up with a plan immediately and act on this serious situation.
Mr. Speaker, the Minister of Health indicated yesterday that he is the Minister responsible for health care north of 60, and I must wonder, if he keeps going this way and doing nothing, he may become the Minister of ICU at Fort McMurray.
Mr. Speaker, I need to hear from him, in words and action, that he understands, appreciates and values the need for an acute treatment centre north of 60 and that Stanton Hospital is the one to serve the people.
Mr. Speaker, we have learned that a lack of a competitive package for health care workers has resulted in the facility running with half of the necessary staff. I tabled the
article that was published in the Yellowknifer -- staff in audiology, the laboratory and the imaging department are all working hundreds and hundreds of hours of overtime. The lack of money for capital equipment is seriously affecting the ability of the staff to conduct their work.
Mr. Speaker, the CT scan, which I said earlier in this House was purchased with money raised by the Stanton Foundation, should be running 24 hours a day but because of the shortage of staff, it is hardly running. There is only one person who can work that, at maximum.
Mr. Speaker, the specialists unit at the hospital is practically decimated. We have only one orthopedic surgeon, one general surgeon and we need one extra of each. We have an internist position that was vacant for two years and now that we have the potential of hiring somebody, she will not be able to work in the ICU.
Mr. Speaker, we cannot wait any longer. We have to come up with a creative idea to make these packages competitive so that we can fill these vacant positions so these people can have a life and continue to stay here. Thank you, Mr. Speaker.
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Competitive Compensation For Stanton Employees
Item 3: Members' Statements
Page 745
The Speaker
Tony Whitford
Thank you, Ms. Lee . Item 3, Members' statements. The honourable Member for Nahendeh , Mr. Antoine .
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Passing Of Alfred Thomas
Item 3: Members' Statements
Page 745
Jim Antoine
Nahendeh
Mahsi, Mr. Speaker. Mr. Speaker, since I have an interpreter today, I would like to speak in my language. Mahsi, Mr. Speaker.
(Translation starts) Thank you, Mr. Speaker. On May 31st, we lost an elder, Albert Thomas. He was born in 1926 and he passed away at the end of May. I would like to say a few words about this person.
He was an aboriginal person who was born in Fort Liard. He lived a traditional lifestyle. His parents taught him very well in the traditional lifestyle. He was a very good hunter. He travelled throughout the woodlands and he did a lot of work throughout the mountains.
His son Jerome had asked him a question one time, "I wonder how many grizzly bears did you ever kill?" He said 19. "So are you ever afraid of anything?" Albert responded, "No, I am not afraid of anything in the forest. I know the wildlife. When aboriginal people go into the woods, they are not afraid of anything."
His story was not written. I just wanted to say this about him because his story was never written. Thank you. (Translation ends)
-- Applause
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Passing Of Alfred Thomas
Item 3: Members' Statements
Page 746
The Speaker
Tony Whitford
Mahsi, Mr. Antoine . Item 3, Members' statements. The honourable Member for Inuvik Boot Lake , Mr. Roland .
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Suspension Of The Business Incentive Policy
Item 3: Members' Statements
Page 746
Floyd Roland
Inuvik Boot Lake
Thank you, Mr. Speaker. Mr. Speaker, I as well would like to voice my concerns on behalf of my constituents in Inuvik Boot Lake and the companies of Inuvik that are dismayed with the decision on the suspension of BIP on the North Slave Correctional Centre.
The fear is that this could further impact other contracts with this government that help northern companies get some of the bids, compared to their southern competitors. The concern that this government could make such a move without talking to a lot of the people in the Northwest Territories is something I felt I must relay here, as many Members have in this House.
As Regular Members, we are not connected to this decision being made, and having to deal with it after the fact makes it very difficult indeed in responding to the constituents and businesses in our communities. They have come to understand how the government does its business, and when it changes as radically as it has done in this situation, it upsets the rhythm that communities and businesses have come to accept from this government.
With that, Mr. Speaker, I will be addressing this during question period. Thank you.
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Suspension Of The Business Incentive Policy
Item 3: Members' Statements
Page 746
The Speaker
Tony Whitford
Thank you, Mr. Roland . Item 3, Members' statements. Item 4, reports of standing and special committees. The honourable Member for Range Lake , Ms. Lee .
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Committee Report 6-14(5): Special Committee On The Implementation Of Self-government And The Sunset Clause Report On Sunset Clause
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Thank you, Mr. Speaker. Mr. Speaker, I am pleased to report on behalf of the Special Committee on the Implementation of Self-Government and the Sunset Clause. Mr. Speaker,
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IntroductionDescription And Mandate Of The Special Committee
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The Special Committee on the Implementation of Self-Government and the Sunset Clause was established by the 14th Legislative Assembly on March 7th, 2001. With specific reference to the sunset clause, the committee's responsibilities are defined as follows:
The special committee shall:
a) In relation to the sunset clause:
i) Provide information to Northwest Territories residents concerning the intent and effect of
section 2 of the Legislative Assembly and Executive Council Act, which is also known as the sunset clause, as to the need to address
section 2 before the next election and to solicit input and options; and
ii) Make recommendations to the Legislative Assembly concerning the sunset clause.
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What Is The Sunset Clause?
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The sunset clause is a
section of the Legislative Assembly and Executive Council Act. It did not exist before 1999 and was added to the act by the 13th Legislative Assembly.
As a result of amendments made in 1999,
section 2 of the act now reads:
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Electoral Districts
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
2(1) There are 19 electoral districts as named and described in
Schedule A.
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Member
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
(2) Each electoral district is entitled to return one Member to the Legislative Assembly.
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Repeal Of Electoral Districts
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
(3) This
section and
Schedule A are repealed on the dissolution of the 14th Legislative Assembly.
Subsection 2(3) is the sunset clause.
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What Does The Sunset Clause Do?Repeal Of Electoral Districts
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
As explained above, the sunset clause provides for the repeal of all of
section 2 as well as
Schedule A of the Legislative Assembly and Executive Council Act when the present Assembly is dissolved. This means that no election for a 15th Assembly could be conducted, since there would be no legal electoral districts in the NWT.
The federal NWT Act provides that no Assembly shall continue for more than four years from the date of the return of the writs from its election. This means that the present Assembly cannot continue to function later than January 6, 2004. After that date, unless the sunset clause is amended or repealed, there will be no Legislative Assembly in the NWT.
This could have various repercussions.
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Two Scenarios
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
One possibility is that the federal government may have to step in and pass amending legislation to provide for an election in the NWT. This could only be done by
an Act of Parliament. It does not appear that the federal government would have the power to prescribe the electoral districts for a territorial election except by an amendment to the NWT Act.
Alternatively, if the sunset clause came into effect and dissolved the Assembly without a way for the people to elect their representatives, a member of the public or an interest group might challenge the legality of the sunset clause under
section 3 of the Charter, on the grounds that the sunset clause is an unreasonable infringement of the right to vote in an election of a Legislative Assembly.
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Repercussions
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Either scenario would be unacceptable to the people of the NWT. Litigation would likely be time-consuming and would not bring about a timely election. It would not be desirable to leave the fate of the NWT political evolution in the hands of the federal government.
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Who Would Govern The NWT In The Interim?
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
It is highly unlikely that the sunset clause would be allowed to come into effect, since this would be
an act of extreme negligence by the Assembly. Nevertheless, since the clause is a law of the NWT, the question arises as to who would have the authority to govern the NWT following the dissolution of the 14th Assembly in the absence of an election, if the sunset clause were left as it now is.
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Premier And Ministers
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The status of the Cabinet appears to be uncertain in that case. The Legislative Assembly and Executive Council Act states that the Executive Council, also known as Cabinet, is responsible for the overall direction and management of the GNWT. The act also provides that the members of the Executive Council are to be appointed upon the recommendation of the Legislative Assembly and hold office "during the pleasure" of the Assembly. Finally, the act provides that the Premier shall continue to hold office following dissolution of the Legislative Assembly until the next Legislative Assembly chooses the next Premier .
Currently, Ministers continue in office between Assemblies until an election is held, a new Assembly is convened, and a new Cabinet is chosen. This is generally similar to practice in all federal, provincial and territorial governments in Canada. What is unclear is whether or not this practice could continue if the Assembly were dissolved without any arrangements for the election of a successor.
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Resumption Of Authority By The Commissioner
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
There is a very strong possibility that responsibility could shift back to the Commissioner, as "chief executive officer" of the NWT, operating under the instructions of the Minister of DIAND. Given the constitutional uncertainty of the Territories if the sunset clause were allowed to come into effect and territorial Ministers were no longer accountable to an Assembly, it is likely that constitutional advances, which the NWT has gone through during the past 30 years, could well be undone.
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Governance, Claims And Treaty Negotiations Since 1999
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The sunset clause reflected the disagreement within the 13th Assembly over the allocation of seats for the 14th Assembly and it was stated as intended for only the 14th Assembly. Governance issues were raised as major concerns to be dealt with before the 14th Assembly was dissolved.
In this light, it is important to review the progress that has been made in these areas since 1999:
• Negotiations are continuing with the South Slave Metis Tribal Council and the federal government on land and resources. Self-government negotiations are to begin when the land and resources negotiations are concluded. The GNWT signed a bilateral political accord with the South Slave Metis Tribal Council on November 23, 2001.
The above list of agreements and processes, involving federal and aboriginal parties as well as the GNWT, is impressive. In the committee's view, it indicates the good faith in which these matters are being dealt with.
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How Electoral Districts Are Established
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The people of the NWT elected the first Members of the Legislative Assembly in 1951. The Assembly became a fully-elected body in 1975. Responsible government, meaning a shift in responsibility from the appointed Commissioner to Ministers and elected MLAs, was introduced in 1985. This placed basic political power and responsibility in the hands of the Assembly.
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Representation By Population
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Elected Assemblies are today based upon the principle of "one person, one vote." This has never meant absolute parity in the number of voters in each electoral district. To give only one example from outside the NWT, in 1989 electoral districts in British Columbia ranged in size from 5,511 persons (Atlin) to 68,347 (Surrey-Newton), with an average of 41,873 per district.
The enactment of the Canadian Charter of Rights and Freedoms in 1982 has meant that the population sizes of electoral districts must correspond more closely to the average. This is now evident from a number of court cases. "Equality" of voting power has not been upheld, but "relative parity," balanced with a recognition of the need for "effective representation," has.
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Federal, Provincial And Territorial Practices
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Consistent with this, many Legislatures have passed statutes limiting the degree of variance allowed. (Federal, Provincial and Territorial Practices, Annex III)
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Responsibilities Of Mlas
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Part of the problem in allocating electoral districts within a jurisdiction is finding a way to provide adequate representation for the sparsely populated areas without under-representing the more populous urban areas. This problem is tied to the fact that MLAs have more than one role to play.
The first has been termed the "ombudsman" role. It is especially important for the smaller communities in the NWT. The second has been termed the "legislative" role, though it is broader than the simple enactment of legislation. It tends to be the primary representative concern of the larger communities.
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Canadian Practice
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Across Canada, the standard practice is to establish electoral districts after recommendations are received from an Electoral Districts Boundaries Commission. Such commissions are set up at "arm's length" from the government and Legislative Assembly and operate independently. Their recommendations are intended to be independent of what any particular political body, group or person may wish. Upon receipt of their recommendations, it is usually the responsibility of the Assembly to implement or modify the recommendations received.
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NWT Electoral Districts Boundaries Commissions
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
NWT Electoral Districts Boundaries Commissions have been provided for by legislation. They have carried out a process of public consultation by holding hearings in communities and have reported to the Assembly. The practice of appointing a judge and two other commissioners was adopted in 1978, then followed for the next twenty years, and Electoral Districts Boundaries Commissions were held in 1978, 1983, 1989, 1993, 1997 (Nunavut only) and 1998 (western NWT only).
This is more often than in most provinces or territories but reflects changes resulting from the closure of the Pine Point mine (1989 commission), correspondence of districts with the division boundary (1993) and the first post-division elections (1997 and 1998).
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Advisory Bodies
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Electoral Districts Boundaries Commissions in the NWT have been strictly advisory. They have had no law-making power and actual changes to the electoral districts have been through changes to legislation -- that is, made by the Assembly. Nevertheless, the process of public consultation -- and the "arm's length" relationship -- means that the recommendations of electoral districts boundaries commissions have been carefully weighed and usually accepted.
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Establishing The Electoral Districts For The 14th Legislative Assembly
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
It was important for the committee to consider how the current electoral districts were established and the issues that arose surrounding their establishments. Annex IV provides a chronology of these events.
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Public Consultation
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The committee's terms of reference went beyond a study of the sunset clause and the development of a recommendation to the Assembly. The terms of reference required the committee to explain the issue and seek input and options from the public.
The committee prepared a brochure on the sunset clause, mailed it to all households and made a copy available on the Legislative Assembly's website. As well, a full-page open letter advertisement to the public was placed in all territorial newspapers to explain the work of the committee; and radio announcements were made, in all official languages, through the CBC, CKLB, CJCD and CIVR. This was done in November of 2001. The public was invited to send its views to the committee in writing or by e-mail, and the committee indicated that it would visit those communities that invited it.
The committee attended 22 meetings in 19 communities, as listed in Annex II. The meetings were held from late November, 2001 to the beginning of May, 2002. The Members for Deh Cho , Inuvik Boot Lake, Nahendeh, Nunakput, Sahtu, Thebacha, Yellowknife Centre and Yellowknife Frame Lake attended, and in some cases organized, the meetings held in their communities by the committee. The following MLAs also made presentations to the committee: the Members for Mackenzie Delta , Yellowknife Centre and Yellowknife Frame Lake.
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The Options
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
In the material it prepared for public information and consultation, the committee outlined two options. As presented, these were:
Option 1:
Repeal or cancel the clause. With the sunset clause gone, the status quo will be maintained and the Assembly will no longer have to deal with a deadline. This will allow an election to be held at the end of the current term.
Option 2:
Extend the timeline on the sunset clause to allow the next Assembly to make decisions regarding the number of electoral districts in the North, and make other decisions as necessary in the future to address the progress of self-government negotiations.
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More Consideration Needed
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The sunset clause is an unusual legislative provision. It is not surprising that a number of people remarked that they had not previously heard of the clause, or did not understand it, or said that they needed more information and time to consider it. Some attending the meetings in Colville Lake, Fort Good Hope, Fort Providence and Tulita expressed a desire to receive more information and a chance to discuss the sunset clause further before coming to a firm conclusion.
As a general rule, those who thought more consideration needed to be given to the issues favoured option 2. The president of the Sahtu Secretariat expressed this by saying that the sunset clause should be extended to give people the opportunity to sort it out.
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Repeal The Clause
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
On the other hand, many said they did not wish to see more time spent on this issue. A councillor in Tuktoyaktuk remarked that he did not like the idea of the government coming back to re-examine the sunset clause every four years. The mayor of Fort Smith referred to the cost, in time and money, of seeking public input on this question, and a speaker at Fort Good Hope drew attention to the need to deal with many other issues facing communities: "These other issues are taking so much valuable time from the real problems -- social challenges facing the community." The mayor of Inuvik summed up this train of thought bluntly: "The government should repeal the clause and get on with governing."
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Interpreting The Options
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Varying
interpretations emerged of the options presented by the committee. One speaker in Fort Good Hope described option 1 as the "do nothing" option and option 2 as "more proactive." Another speaker in Fort Good Hope thought the opposite. In Holman it was remarked that repealing the clause now, or extending it for some time in the future, were essentially the same: both were "status quo."
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An Electoral Boundaries Commission
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
In Deline, a resident remarked that in addition to the two options presented, there was a third: to redraw the electoral districts. Others did not see this as a third option so much as a course of action closely related to the two options presented. The differences between these views of this subject may be a matter of sequencing. A speaker in Hay River asked: "Couldn't you simply repeal the sunset clause and put in an Electoral Boundaries Commission to deal with people's fear that there is no way to address electoral boundaries?"
The mayor of Holman expressed a very similar idea:
I think we would want the assurance that the Legislative Assembly would readdress the issue of electoral boundaries and not forget about it. Maybe a guarantee that this will be looked at again in the future, and go with status quo until then. Maybe have an Electoral Boundaries Commission.
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Current Distribution Of Districts
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Of course, a number of opinions were expressed on the current distribution of electoral districts. A few people thought that their region should have another representative in the Assembly, either because of its size (geographical extent) or because its population seemed large enough to warrant it. This view was expressed in Rae-Edzo with regard to the North Slave electoral district. Speakers in Nunakput, Sahtu and Nahendeh expressed similar concerns.
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Place Of Yellowknife
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Some expressed the idea that Yellowknife did not need so many seats and was too dominant in the NWT governmental system. In Inuvik, the chief expressed this idea:
Yellowknife has everything, all the government departments and very easy access to the government. I think we should look very seriously at the number of ridings in Yellowknife.
The idea that Yellowknife has too much access to, control over, and benefits from government -- and therefore is over-represented in the Assembly -- was found in many communities. However, the consensus at most meetings appeared to be that the current distribution of electoral districts, if not perfect, is satisfactory and does not require change at the present. The idea of an Electoral Districts Boundaries Commission was mainly discussed in the context of an appropriate mechanism to be used at some future time, not as an immediate task to be undertaken during the life of the present Assembly.
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Self-government
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The relationship between the distribution of electoral districts, the sunset clause and self-government negotiations was discussed at every meeting. In Deline, the former chief expressed his understanding that: "The purpose of the Sunset Clause was to force the GNWT to deal with self-government issues." Some presenters therefore expressed concerns that repealing the sunset clause at this time could affect self-government negotiations that are underway.
Others saw the self-government relationship differently. In Holman there seemed to be a general consensus that to wait for self-government negotiations to be completed before repealing the sunset clause could take many years. A speaker in Fort Smith thought that this report should include an emphasis on the importance of progress in self-government negotiations.
A representative speaking for the Yellowknife Chamber of Commerce said that he did not understand how "the threat of extinguishing this Legislature" would speed-up self-government negotiations. A Yellowknife resident, who introduced himself as formerly one of the active members of the Friends of Democracy, said that the Assembly should repeal the sunset clause and the government should "get on with the business of figuring out about self-government."
The sub-chief for the Deninu Ku'e First Nation explained that the treaty negotiations in which her First Nation is engaged are with the federal government. The Government of the NWT is an observer at these negotiations. Her First Nation, however, wants to work out a relationship with the GNWT and does not want to see the GNWT dissolved, as the sunset clause may be taken to imply.
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Summary
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
Overall, a range of views was heard. In some meetings the issues were discussed but the community presented no formal position. Some communities provided a letter or resolution setting forth their view. In other cases, this was communicated verbally by the mayor, chief or other representative. Some communities did not adopt a formal position.
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Committee Conclusions
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The committee found the sunset clause difficult to explain or rationalize.
The sunset clause is perceived by some aboriginal peoples as a safeguard for their self-government interests, and thus, as something that should not be repealed... rather, it should be left for future deliberations, perhaps the next Assembly.
The legislation does not define the issues. It provides no useful tool or guidance. It is only a threat of dire consequence if something is not done. The committee's mandate requires that some constructive action be taken to resolve or at least address the issues. The committee also suggests that it would serve no purpose to defer the problem to the next Assembly.
The committee heard that it could help resolve issues related to over and under representation. Most evident were opinions that, with the 19 ridings as we know them today, Yellowknife is grossly over-represented, while ridings such as Nahendeh, North Slave and Sahtu had too many communities for one MLA to effectively represent.
The committee heard in almost every community that the status quo distribution of 19 seats is not problematic, and that there is no immediate requirement to address boundaries for the 15th Assembly, but the reality of Yellowknife having seven MLAs upset many. The committee agrees that the NWT can improve representation issues and should take steps to set up the terms and criteria by which this can be done. The obvious mechanism is in a modernized Electoral Boundaries Commission Act.
The last time there was an Electoral Boundaries Commission in the NWT was just prior to division. With division, the Electoral Boundaries Act was repealed, as it was only intended to govern the transition to two territories. Therefore the NWT and Nunavut are the only jurisdictions in Canada that currently do not have electoral boundaries commission legislation in place. The committee feels that this should be remedied and in place for the 15th Assembly to act and set in place a new boundary system for the election of the 16th Assembly and subsequent Assemblies.
The committee does not agree that the sunset clause should be dismissed without a thorough discussion of the causes that created it and what should be done to deal with them. The committee trusts that this report, and the community consultations that led up to it, satisfies the need for discussion and review.
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RecommendationsRecommendation 1 -- Repeal Of The Sunset Clause
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
If the sunset clause were allowed to legally come into effect it would not only seriously damage the status of the GNWT within Canada but could also affect self-government and even land claims negotiations. The committee cannot recommend retaining a law that nobody wants to see brought into effect.
To defer the clause for another Assembly to consider would be simply to put off the problem of dealing with it, with the same options once more to be considered. The strongest reason for its retention would be to allow more time for its consideration. The committee does not find this to be sufficient reason.
The accomplishments in self-government, land claims and treaty negotiations during the past three years have shown that we will continue to make progress together. The sunset clause, then, is something that we should put behind us as we move on, in a positive spirit, to grapple with changes in the arrangements for the governance of our Territory. It is in this spirit that we recommend its repeal. Mr. Speaker,
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Recommendation 1
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The committee recommends that the 14th Assembly amend the Legislative Assembly and Executive Council Act to repeal subsection 2(3).
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Recommendation On Electoral Boundaries Commission Legislation
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The committee is aware of the absence of any Electoral Boundaries Commission legislation within the present Territory. The enactment of such legislation is required.
The legislation should be based, in part, upon that used earlier for this purpose in the NWT. Consideration, however, should be given to:
• preparing and releasing an Electoral Boundaries Commission interim report to allow for public discussion before issuing a final report; and
• establishing a definite time period for boundaries commission reviews, such as after every second territorial election.
Practices followed in other jurisdictions may be looked to for guidelines in this respect.
The criteria to be used by the commission for the purpose of recommending electoral district boundaries should provide the maximum flexibility possible. This is to ensure effective representation for the smaller communities, including non-tax-based municipalities and recognition of the responsibilities of MLAs as both ombudsmen and legislators.
The criteria contained in
section 11 of the former Electoral Boundaries Commissions Act remain relevant and should be included:
11. The commission, in preparing its report, shall take into consideration:
(
b) any special community or diversity of interests of the inhabitants of any part of the Territory;
(
c) the means of communication among various parts of the Territory;
(
d) the minimum and maximum number of Members of the Legislative Assembly authorized by the Northwest Territories Act;
(
e) any guidelines or criteria proposed for the consideration of the commission by resolution of the Legislative Assembly; and
(
f) any other similar and relevant factors that the commission considers appropriate.
The committee, while reviewing provincial and territorial practices in other Canadian jurisdictions, observed that some provinces have allowed through legislation for some deviation for exceptional circumstances from the 25 percent rule. The committee is of the view that the new legislation dealing with establishing electoral districts should allow for some deviation under exceptional circumstances.
The above criteria should be reviewed for comprehensiveness and to ensure that the following are included:
transportation arrangements;
cultural and linguistic relations;
total population and population of voting age;
the boundaries of municipalities;
the boundaries of self-government agreement areas;
the boundaries of land claim settlement areas; and
information obtained through public hearings.
The committee did not receive any definite requests for an immediate Electoral Boundaries Commission and therefore does not recommend that one be established before the election of the 15th Assembly. The committee considers, however, that a commission will likely be required before the election of the 16th Assembly.
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Recommendation 2
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The committee recommends that the 14th Assembly enact electoral districts boundaries commission legislation similar to that previously in force, but with such changes as may be desirable to maximize public involvement and to ensure the effective representation of all communities.
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Next Steps
Item 4: Reports Of Standing And Special Committees
Page 746
Sandy Lee
Range Lake
The special committee is now ready to undertake the second phase of its mandate, which is to consider how the Legislative Assembly and the Government of the Northwest Territories may be impacted by the implementation of self-government. The committee is mindful that its role is not to interfere with ongoing self-government negotiations but will focus on the implications once agreements are finalized and the impact agreements will have on Legislative Assembly operating structures and procedures in such areas as legislation and appropriations.
During the second phase of its mandate, the committee will also consider how self-government may impact the Government of the Northwest Territories with respect to the functions of policy, programs, services, financing and administration over the immediate and long term. The committee looks forward to engaging in this part of their mandate, which will culminate with the committee making recommendations on transitional measures that could be implemented to prepare for the implementation of self-government agreements.
Mr. Speaker, that concludes the report of the Special Committee on the Implementation of Self-Government and the Sunset Clause.
THEREFORE I MOVE, seconded by the honourable Member for Nahendeh , that the Report on the Sunset Clause be received by the Legislative Assembly and moved into committee of the whole for consideration. Thank you, Mr. Speaker.
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Next Steps
Item 4: Reports Of Standing And Special Committees
Page 751
The Speaker
Tony Whitford
Thank you, Ms. Lee . We have a motion. The motion is in order. To the motion. Question has been called. All those in favour? Thank you. All those opposed? The motion is carried. The report is now moved to committee of the whole.
Item 4, reports of standing and special committees. The honourable Member for Frame Lake , Mr. Dent .
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Committee Report 7-14(5): Report On The Review Of The Languages Commissioner's Annual Report, 2000-2001
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
Thank you, Mr. Speaker. I am pleased to report the Standing Committee on Accountability and Oversight's Report on the Review of the Languages Commissioner's Annual Report, 2000-2001.
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History
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
The Official Languages Act was passed by the Legislative Assembly of the Northwest Territories in 1984. The act guarantees equal status for the use of Canada's two official languages for members of the public using government programs and services. The act also officially recognized the aboriginal languages spoken in the Northwest Territories.
In 1990 amendments to the act gave greater status to northern aboriginal languages and recognized the need to protect aboriginal culture through the promotion of the use of aboriginal languages. The 1990 amendments also included the creation of the position of the Languages Commissioner to be appointed by the Legislative Assembly for a term of four years.
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Review Of The Official Languages Act
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
Section 29(1) of the act required a review of the Official Languages Act following December 31, 2000. A special joint committee was established in November of 2000 to examine the effectiveness of the current legislation to protect both Canada's official languages and the aboriginal languages of the Northwest Territories. The Special Committee on the Review of the Official Languages Act will be presenting its final report to the Legislative Assembly in March 2003.
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Languages Commissioner
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
According to
section 20(1) of the act, the duties of the Languages Commissioner are:
...to take all actions and measures within the authority of the Languages Commissioner with aview to ensuring recognition of the rights, status and privileges of each of the Official Languages and compliance with the spirit and intent of the act in the administration of the affairs of government institutions, including any of their activities relating to the advancement of the aboriginal languages in the Territories.
The Commissioner has the authority to investigate any complaints made to her office or may initiate an investigation, if it is warranted. The Commissioner may also issue opinions on complaints and make recommendations to institutions as she deems necessary. If, after a reasonable amount of time, the Commissioner's recommendations have not been acted upon by the institution, the Commissioner may make a report to the Legislative Assembly.
The Commissioner is also required to submit an annual report to the Legislative Assembly. Ms. Fibbie Tatti was appointed to the position of Languages Commissioner in July of 2000.
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Annual Report 2000-2001
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
Ms. Tatti submitted her annual report for 2000-2001, which was tabled in the House on November 5, 2001. The Standing Committee on Accountability and Oversight met on March 4, 2002 with the Languages Commissioner and Ms. Shannon Gullberg from the Office of the Languages Commissioner.
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New Vision And Mandate
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
During the review of the Languages Commissioner's 2000-2001 Annual Report, it was noted by the committee that the vision and mandate of the Office of the Languages Commissioner had been significantly altered. The previous vision/mission statement read as follows:
The Office of the Languages Commissioner works to assist in the preservation, promotionand protection of the official languages of the Northwest Territories, and to ensure that the Government of the Northwest Territories departments, boards and agencies comply with the spirit and intent of the Official Languages Act as legislated.
The new vision is as follows:
Each step we have taken in language revitalization has been taken with elders and many committed and dedicated persons. Each achievement has been made by working togethertoward the common vision of strong, healthy NWT official languages. The Office of the Languages Commissioner must follow this cooperative approach, working together withall language communities and NWT citizens in meeting their language needs and aspirations and upholding the Official Languages Act.
The standing committee did not wish to enter into a debate on the relative merits of each vision or mandate of independent offices of the Legislative Assembly. However, committee members did feel that the Languages Commissioner should have consulted with the Legislative Assembly before significantly altering the official vision of the Languages Commissioner's office.
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Establishment Of An Advisory Board
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
During the review of the annual report, the standing committee was informed that the Languages Commissioner had established a new advisory board in October of 2000. The committee took note that
section 20(3) of the Official Languages Act provides for consultation with representatives of languages organizations not less than once a year. However, the act does not specifically state that an advisory board should be established, merely that representatives should be consulted on a regular basis.
The committee recognizes that consultation is an important aspect of the office. However, there may be concerns about the method by which members are appointed to the advisory board and the compensation for duties and travel. The committee has been made aware that an advisory board such as this is usually legislated as an official body of the government and would therefore follow strict rules in these matters. The standing committee would like to suggest that the Languages Commissioner either continue with informal consultation or suggest legislative change to the Official Languages Act to address this issue.
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Languages Commissioner -- Recommendation 1
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
That the Legislative Assembly demonstrate their commitment to all official languages by ensuring visibility of languages throughout Legislative Assembly session with the presence of simultaneous interpreters.
Members of the standing committee took note that this recommendation is contrary to a previous Languages Commissioner's recommendation that languages services at the Legislative Assembly be reprofiled and channelled to the community level. While the committee recognizes that the visibility of languages is an important issue, it is concerned that the cost of providing simultaneous translation may be high. Some members of the committee, however, feel that the financial investment is vital in order to preserve the use of aboriginal languages. The committee requests that the Board of Management undertake a cost/benefit analysis and make a recommendation on this matter.
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Languages Commissioner -- Recommendation 2
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
That the Legislative Assembly provide adequate funds to the Office of the Languages Commissioner, whose business is language, to carry out correspondence, public communication, and meetings with the services of interpreter/translators, thus ensuring office credibility in fulfilling its goals.
The standing committee notes that the Languages Commissioner has requested $66,120 in supplementary funding in order to translate items such as the newsletter, website, annual report and other communications. The committee notes that the Languages Commissioner received an increase of $12,000 in her 2002-2003 budget and a substantial increase in the 2001-2002 budget. The committee is also aware that the Languages Commissioner may request access to the Legislative Assembly's language services budget for any further translation costs.
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Languages Commissioner -- Recommendation 3
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
In order to provide a consistent picture of language growth or decline across official languages groups and in order to identify critical success factors that provide a basis upon which to make well-informed decisions for language programs and policies, the office recommends the Legislative Assembly approves funding to the Bureau of Statistics, in consultation with the Office of the Languages Commissioner, to undertake socio-linguistic research every three to five years.
Members of the standing committee had the opportunity to peruse several survey options provided by the NWT Bureau of Statistics. The committee is aware that good information is essential for the protection of languages and culture. However, the committee is also aware that the Special Committee on the Review of the Official Languages Act is investigating this issue and will be presenting their report next year. The standing committee would like to wait for the special committee's findings on this matter before making a specific recommendation on this topic.
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Languages Commissioner -- Recommendation 4
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
Considering the urgency and the need for good services in the interpreter/translator field, it is imperative that implementation and development of a comprehensive strategy for I/T training and certification becomes a priority for the Department of Education, Culture and Employment in conjunction with the Office of the Languages Commissioner. This process should be completed within three years (2004) for all official languages.
The Standing Committee on Accountability and Oversight took considerable interest in this recommendation. The committee is aware that a former Minister for Education, Culture and Employment promised in the House that this particular concern would be addressed. The standing committee is disappointed to see that, despite the passage of several years, there has been no movement on this issue. For this reason, Mr. Speaker, we have a recommendation.
Recommendation
The Standing Committee on Accountability and Oversight recommends that the government establish a comprehensive strategy for the training and certification of aboriginal language interpreters/translators by 2004.
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Languages Commissioner -- Recommendation 5
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
That GNWT departments provide staff workshops on the act and the roles and responsibilities of the Office of the Languages Commissioner, and ensure that orientation of new employees include the Official Languages Act.
The Standing Committee on Accountability and Oversight fully supports this recommendation and we make this recommendation, Mr. Speaker.
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Recommendation
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
The Standing Committee on Accountability and Oversight recommends that the government provide staff workshops on the act and that the act be included in the orientation of new GNWT employees.
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Conclusion
Item 4: Reports Of Standing And Special Committees
Page 752
Charles Dent
Frame Lake
Members of the Standing Committee on Accountability and Oversight would like to thank the Commissioner and her staff for the annual report and presentation.
Mr. Speaker, that concludes the report of the Standing Committee on Accountability and Oversight on the review of the annual report of the Languages Commissioner, 2000-2001.
THEREFORE I MOVE, seconded by the honourable Member for Inuvik Boot Lake , that Committee Report 7-14(5), be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.
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Conclusion
Item 4: Reports Of Standing And Special Committees
Page 754
The Speaker
Tony Whitford
Thank you, Mr. Dent . We do have a motion but it has been brought to my attention that we need a quorum. Mr. Clerk, would you please sound the bell?
-- Ringing of the Bells
Thank you. The honourable Member for Frame Lake , would you please restate your motion?
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Conclusion
Item 4: Reports Of Standing And Special Committees
Page 754
Charles Dent
Frame Lake
Thank you, Mr. Speaker. Mr. Speaker,
I MOVE, seconded by the honourable Member for Inuvik Boot Lake , that Committee Report 7-14(5) be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.
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Conclusion
Item 4: Reports Of Standing And Special Committees
Page 754
The Speaker
Tony Whitford
Thank you, Mr. Dent . We have a motion. The motion is in order. To the motion. Question has been called. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried.
Item 4, reports of standing and special committees. The honourable Member for Frame Lake , Mr. Dent .
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Conclusion
Item 4: Reports Of Standing And Special Committees
Page 754
Charles Dent
Frame Lake
Thank you, Mr. Speaker. Mr. Speaker, I would request unanimous consent to waive Rule 93(4) and have Committee Report 7-14(5) moved into committee of the whole for today.
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Conclusion
Item 4: Reports Of Standing And Special Committees
Page 754
The Speaker
Tony Whitford
Thank you. The honourable Member is seeking unanimous consent to waive Rule 93(4) and have Committee Report 7-14(5) moved into committee of the whole for today. Are there any nays? There are no nays. The committee report will be moved into committee of the whole for today. Item 4, reports of standing and special committees. The honourable Member for Inuvik Boot Lake , Mr. Roland .
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Committee Report 8-14(5): Report On The Review Of The Access To Information And Protection Of Privacy Commissioner's Annual Report 2000-2001
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
Thank you, Mr. Speaker. The Review of the Access to Information and Protection of Privacy Commissioner's Annual Report, 2000-2001.
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Background
Committee Report 8-14(5): Report On The Review Of The Access To Information And Protection Of Privacy Commissioner's Annual Report 2000-2001
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The Legislative Assembly of the Northwest Territories enacted its first Access to Information and Protection of Privacy Act on December 31, 1996. The stated intention of the act is to "promote, uphold and protect access to the information that government creates and receives and to protect the privacy rights of individuals."
The Information and Privacy Commissioner is an independent officer of the Legislative Assembly, but is required under
section 68 of the Access to Information and Protection of Privacy Act to prepare and submit an annual report on the Commissioner's activities to the Legislative Assembly. Ms. Elaine Keenan-Bengts was re-appointed as the Northwest Territories' Information and Privacy Commissioner on July 1, 2000 and will serve a five-year term.
The Access to Information and Protection of Privacy Act provides the public with a means of accessing the information that government collects through its departments and various regulatory bodies. The legislation was also designed to place restrictions on the disbursal of certain information in order to protect the privacy rights of individuals. The act also gives individuals the right to see and make corrections to the information about themselves.
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The Standing Committee Review
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The Standing Committee on Accountability and Oversight met with the Access to Information and Protection of Privacy Commissioner, Elaine Keenan-Bengts, on March 6, 2002 to review the Commissioner's annual report for the year 2000-2001.
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Deemed Acceptance/refusal Within 30 Days Amendment
The Standing Committee Review
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
During her opening comments, the Commissioner referred to her 1999-2000 annual report suggesting that an amendment be added to the Access to Information and Protection of Privacy Act specifying that the head of a public body would be deemed to have accepted the Commissioner's recommendation if that public body had not responded within 30 days.
The Accountability and Oversight Committee did not agree with the Commissioner's recommendation at that time and instead suggested an amendment stating that the head of a public body would be deemed to have refused the Commissioner's recommendation if that public body has not responded within 30 days.
The government agreed with the committee and is currently drafting an amendment for a deemed refusal clause.
The standing committee re-considered the issue given the Commissioner's concerns, however, and ultimately decided that the deemed refusal clause was a more appropriate action for the government to take. The standing committee will review the amendment for a deemed refusal clause once it is presented by the government.
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Recommendations From The Access To Information And Privacy Commissioner's 2000-2001 ReportThe Inclusion Of Municipalities As Public Bodies Under The Current Act
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The Commissioner noted in both her annual report and at the public review that tax-based communities currently have no legislation regulating the release of names, addresses or other private information on web pages or in other public documents. Municipal officials from both Yellowknife and Hay River have identified this as a serious concern.
The standing committee noted that the matter was referred to the Department of Justice. The committee has sent a letter asking for the department's opinions on this issue and awaits its reply.
In the meantime, the standing committee fully supports the Commissioner's recommendation that municipalities be included under territorial access to information and the protection of privacy laws. The Commissioner suggests that either new legislation should be drafted to deal with municipalities or municipalities should be included under the current legislation. The standing committee is willing to review either option at the government's earliest convenience.
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Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The Commissioner pointed out that new federal legislation titled Personal Information and Electronic Documents Act that regulates the collection, storage and use of personal information in the private sector, will come into full force on January 1, 2004. As of January 1, 2001, this legislation came into effect for "federal works" and for companies who transfer information over provincial/territorial borders.
The Federal Privacy Commissioner considers the Northwest Territories, Yukon and Nunavut as being "federal works" under the act and therefore the federal Commissioner has now taken on the responsibility of investigating all complaints made in this area.
The NWT Access to Information and Protection of Privacy Commissioner would like to see the establishment of territorial legislation in order to avoid having local issues handled by a federal body.
The standing committee noted that despite a letter from all territorial Justice Ministers questioning the federal Privacy Commissioner's
interpretation of "federal works" the federal Commissioner has refused to alter his opinion.
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The Standing Committee on Accountability and Oversight recommends that the Government of the Northwest Territories establish legislation in order to avoid federal jurisdiction in the area of privacy and access laws that pertain to the regulation, collection, storage and use of personal information in the private sector here in the Northwest Territories.
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Regulation Of Private Health Industries
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The Commissioner is concerned that while publicly run health bodies are subject to the Access to Information and Protection of Privacy Act, other private health companies, such as pharmacists, dentists, chiropractors, et cetera, are not. Given concerns about the practice of companies selling health information to drug manufacturers and potential invasion of privacy issues, the Commissioner would like to see legislation enacted similar to the Health Information Act of Alberta. This legislation regulates the practices of all public and private health organizations and companies in respect to the release of information, among other issues.
The standing committee agrees that there is a need to protect the public from disclosure of health information by private health care companies. This legislated protection should either be included under the current Northwest Territories Access to Information and Protection of Privacy legislation or should be a part of a new law designed to protect NWT citizens.
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 754
Floyd Roland
Inuvik Boot Lake
The standing committee recommends that the government investigate the possibility of either expanding the current Northwest Territories Access to Information and Protection of Privacy Act or establishing new legislation to protect NWT citizens from the disclosure of personal information by private health care companies.
The committee wishes to express its thanks to the Information and Privacy Commissioner, Ms. Elaine Keenan-Bengts, for her continued cooperation and attendance at our review of her 2000-2001 Annual Report. Thank you, Mr. Speaker.
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 755
The Speaker
Tony Whitford
Thank you, Mr. Roland . Mr. Roland .
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 755
Floyd Roland
Inuvik Boot Lake
Thank you, Mr. Speaker. That concludes the report of the Standing Committee on Accountability and Oversight on the Review of the Annual Report of the Access to Information and Protection of Privacy Commissioner 2000-2001.
THEREFORE I MOVE, seconded by the honourable Member for Frame Lake , that Committee Report 8-14(5) be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 755
The Speaker
Tony Whitford
Thank you, Mr. Roland . We have a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour? Thank you. All those opposed? Thank you. The motion is carried. The honourable Member for Inuvik Boot Lake , Mr. Roland .
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 755
Floyd Roland
Inuvik Boot Lake
Thank you, Mr. Speaker. I request unanimous consent to waive Rule 93(4) and have Committee Report 8-14(5) moved into committee of the whole for today. Thank you.
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Recommendation
Canadian Territories Considered "federal Works"
Item 4: Reports Of Standing And Special Committees
Page 755
The Speaker
Tony Whitford
Thank you, Mr. Roland . The honourable Member is seeking unanimous consent to waive Rule 93(4) to move this report into committee of the whole for today. Are there any nays? There are no nays. Thank you. Committee Report 8-14(5) is moved into committee of the whole. Item 4, reports of standing and special committees. Item 5, returns to oral questions. Item 6, recognition of visitors in the gallery.
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Item 6: Recognition Of Visitors In The Gallery
Item 6: Recognition Of Visitors In The Gallery
Page 755
The Speaker
Tony Whitford
Colleagues, I would like to call your attentio