Agreed.
---Agreed
Introduction
On April 1, 1999 the Northwest Territories will be divided with the creation of Nunavut and a new Western Territory. This, and pending decisions on Aboriginal land claim settlements and self-government agreements, will culminate in an unprecedented restructuring of government in the Northwest Territories. There is a vast amount of work to be accomplished in the next five and a half years to ensure a smooth transition to the two new territories.
The caucus of the Northwest Territories Legislative Assembly met in Fort Providence on April 4 to 6, 1993 and in Cambridge Bay on October 4 to 8, 1993. These 'strategic planning workshops' were held to provide MLAs with a less formal setting to deliberate the many issues related to division of the Northwest Territories and the operation of the Legislature and the GNWT in meeting the challenges of the future. The Reshaping Northern Government Working Group, composed of three Ministers and three ordinary Members, coordinated the workshops and shared responsibility for chairing meetings.
This report summarizes the results of the Fort Providence and Cambridge Bay deliberations, principles of agreement and the on-going work of Caucus on these matters. The report will serve as a foundation for further work by the Legislative Assembly and the GNWT and as guide for the work of the Nunavut Implementation Commission and the western constitutional process.
Division Event Flow
To provide caucus and the public with an understanding of the magnitude of work leading up to 1999, a flow chart showing events in three areas (government operations, aboriginal claims settlements and implementation, and division) was prepared and widely circulated. This chart, which will be updated on a regular basis, also contains specific deadlines that must be met.
Elections Issues
In order for separate elections to take place for the Nunavut and western Legislatures in 1999, preparatory work will have to be undertaken by the current Assembly and its successor.
Caucus reached agreement on the following principles for election issues:
3.1 In terms of election processes, the Nunavut Implementation Commission and the western constitutional processes are advisory bodies to the GNWT, the Legislative Assembly, and the federal government.
3.2 The GNWT is the Government of the Northwest Territories until division, and has the authority to make decisions on elections, based on advice from the Nunavut Implementation Commission, the western constitutional process and the federal government.
Caucus also reached agreement on the following:
3.3 A presentation on all elections issues will be made to the Nunavut Implementation Commission and the western constitutional process.
3.4 The 13th Assembly will be advised that there is a time gap between the creation of Nunavut in April 1999 and the normal time for east-west elections in November 1999.
3.5 A motion will be prepared for introduction at the Fourth Session to have the Electoral District Boundaries Commission review and recommend to the House at the resumption of the Fifth Session in February '94, alterations to the existing constituency boundaries to conform with the boundary as established in the Nunavut Act.
3.6 Appropriate amendments to the Legislative Assembly and Executive Council Act will be prepared for consideration by the Assembly no later than the fall session of 1994 to implement the recommendations of the boundaries commission.
3.7 Revised constituency boundaries, conforming to the Nunavut Act boundary, will be in place for the next territorial election.
3.8 Options for separate boundary commission processes will be identified for consideration at a future strategic planning workshop. These processes will have to be initiated in the period 1995 to 1997 in order for the establishment of new constituency boundaries in the east and west.
3.9 In order for elections to occur in 1999 for the two new territories, the Elections Act will have to be reviewed, in consultation with the Nunavut Implementation Commission and western constitutional process, and amendments made by the 13th Assembly by 1998.
3.10 The GNWT will respond to recent communications from the federal government indicating a willingness to modernize the Northwest Territories Act, including amendments to give the Northwest Territories the power to call its own elections any time within a five year term.
Financial Issues
The creation of two new governments in the Northwest Territories in 1999 will require early financial planning and direction; both new governments will be heavily dependent on federal funding. There will still be a large gap between own-sourced revenues and expenditure needs in the west, and an even larger gap in the east. The actual cost of division and operating two new territories is still a point of contention between the GNWT and the federal government.
Other significant factors related to division and financial planning include:
-accounting for possible affects on funding for Nunavut and the new Western Territory as a result of decisions the GNWT makes regarding budget allocation, programs and policies before 1999
-accounting for possible imposition of financial responsibilities on the two new territories stemming from existing and future GNWT multilateral and bilateral intergovernmental agreements
Caucus reached agreement on the following principles for financial issues:
4.1 Programs and service levels during the transition period and after division must be maintained
4.2 Funding formulas for Nunavut and the new Western Territory should be based, in part, on the expenditure requirements of each jurisdiction.
Caucus also reached agreement on the following:
4.4 New databases on fiscal capacity will be needed for Nunavut and the new Western Territory. In other words, information on the ability of the two new territories to raise revenues needs to be compiled for determining separate funding requirements.
4.5 The financial responsibilities of the GNWT and the federal government for land claims and division implementation needs clarification. Additional information on the cost of division will be prepared for all MLAs and to keep the Nunavut Implementation Commission / Tungavik / western constitutional process up to date on this and related issues.
4.6 Additional information on formula financing and tax related issues will be prepared for the Nunavut Caucus, the Western Caucus and GNWT representatives on Nunavut Implementation Commission and the western constitutional process.
4.7 A list of all existing intergovernmental agreements and short descriptions will be prepared for the Nunavut and Western Caucuses, and will include:
a) current and long term liabilities pursuant to the implementation of land claims agreements
b) clarification of the nature of all agreements (for example, transfer, devolution, delivery on behalf of third party, et cetera.)
4.8 A list of existing GNWT assets and liabilities (with regional detail where possible) will be prepared and will include loan funds and arms-length bodies such as the NWT Power Corporation and the Workers' Compensation Board.
4.9 The cost to the GNWT for claims implementation and division will be identified and adequate financial assistance will be sought from the federal government to ensure northerners are fully involved in this process. Aboriginal claimant groups will be encouraged to ensure that adequate funding is provided to implement claims settlements and self-government arrangements.
4.10 An information item outlining the application of the existing formula financing agreement to Nunavut and the Western Territory will be prepared for the next strategic planning workshop.
Education / Training / Human Resource Issues
During discussions on new models of government for the east and west, Members stressed that the forms of new government (which will in part be determined by the Nunavut Act and the western constitutional process) are not nearly as important as the ability of northerners to participate and find meaningful employment with these new governments. The discussion focused on training northerners for employment opportunities in the Nunavut administration and new institutions of government in the west.
At Fort Providence, caucus reached agreement on the following principles for education, training and human resource issues:
5.1 Innovative leadership and management programs, based in the north and the south, are needed to prepare youth for employment opportunities arising from restructuring of government in east and west prior to and following division.
5.2 Programs for youth must address their social environment through a stronger commitment to community development and career counselling initiatives.
5.3 A focus on motivation and academic excellence is required to encourage the development of a highly skilled workforce.
5.4 Programs should be established for public and private sector aboriginal employees to upgrade their existing skills and prepare them for government employment opportunities arising out of restructuring of government.
5.5 A review of entry level standards and criteria for public sector jobs may be required and, where possible, recognition given to traditional or practical skills and experience and the valuable role they can play in developing or emerging jurisdictions in the Northwest Territories.
5.6 A renewed focus on taking full advantage of in-house training opportunities and in the public and private sectors is needed.
5.7 More emphasis is required in the GNWT human resource plan for employee career planning to prepare existing staff for future opportunities.
At Cambridge Bay, caucus agreed on the following:
5.8 Reaffirmation of the significance which Members place on education, training and human resource issues and that these issues will be part of on-going updates at future strategic planning workshops. A report on the success of the construction worker training program will be prepared.
The Operation Of Consensus Government
The spectre of fundamental changes to the structure of government institutions in the north as a result of division, land claims and self-government is daunting. The many crucial decisions that will have to be made in a few short years reinforce the importance of operating consensus government in the most efficient and effective manner possible.
Caucus reached agreement on the following principles for the operation of consensus government:
6.1 Party politics is not desired at this time.
6.2 A strong commitment to open dialogue and respect among all Members is essential if consensus government is to work.
6.3 The responsible Minister or the Cabinet, as a whole, are not required to resign on the defeat of a bill or major initiative unless it has been predetermined that it is a vote of confidence.
6.4 Political direction should be developed and reviewed in strategy sessions and these sessions should be held regularly.
6.5 Working definition of consensus government: A decision-making process that depends on goodwill, respect and communications among Members including the execution of a common plan by Cabinet and the Government Leader.
6.6 The Chairs' Liaison Committee will develop guidelines to aid in the operation and accountability of standing committees for consideration at a future caucus meeting. These guidelines should address:
a) a mechanism for reassigning Members to different committees
b) criteria to be used by the Striking Committee to balance standing committee workloads among all Members
c) a standard approach for disciplining committee Members to guide committee chairs
Regarding division issues, caucus agreed on the following:
6.7 The Hon. Michael Ballantyne, Mr. James Arvaluk, Ms. Jeannie Marie-Jewell and Mr. Kelvin Ng are nominated to form a caucus working group to make recommendations to caucus in November '93 on a mechanism or mechanisms for information exchange and decision-making on all division issues, and in particular:
a) a decision making forum to make recommendations on the division of assets and liabilities;
b) the terms of reference for that process;
c) the general principles to guide the work of the forum;
d) the magnitude of the work of the forum; and
e) suggested experts on public finance to provide technical support for the division of assets and liabilities process
Members' Conduct Guidelines
Caucus agreed that Members' conduct guidelines will be introduced by way of formal motion at the Fourth Session for full public debate.
Mid-Term Review Of The Premier And Ministers
Caucus agreed that there would be a public mid-term review of the Premier and Ministers immediately following prorogation of the Fourth Session.
The following rules and guidelines will apply for the mid-term review:
Rules
8.1 The mid-term public review will be held in the Territorial Leadership Committee forum immediately following the prorogation of the Fourth Session. The chair will make a brief opening statement to the committee on the nature and purpose of the review.
8.2 The order of Ministers' reviews will be determined by ballot draw, conducted by the Clerk of the House. The Premier will be reviewed last. The Clerk of the House will advise all Members of the review order prior to the convening of the Territorial Leadership Committee.
8.3 Each Minister will make a statement to the committee not to exceed 20 minutes on their overall contribution to the operation of Cabinet and realization of GNWT / Legislative Assembly priorities during the first two years of the 12th Assembly. Premier's/Ministers' presentations should include, but not be restricted to, Cabinet committee and portfolio assignments and joint Legislature/Cabinet committee assignments. Further, each should state how they generally perceive their leadership and Cabinet roles and responsibilities in planning for the remainder of the term.
8.4 Following each Minister's statement, every Member may ask up to 12 questions. Members' inquiries on past portfolio assignments should be restricted to general questions on how policies were implemented at the time, taking into account direction from Cabinet and/or the Legislative Assembly and considering circumstances which contributed to or determined a course of action.
8.5 The chair will call to order any Member who deviates from the agreed process or is in violation of the rules and conventions governing question period. Motions of non-confidence introduced in the Territorial Leadership committee will be ruled out of order.
8.6 After conclusion of the Premier's review, the chair will make a concluding statement to the Committee and declare the matter of the mid-term review of the Premier and Ministers concluded.
Guidelines
8.7 All Members should be extremely cautious about remarks made during the course of the review because parliamentary immunity does not apply in the Territorial Leadership Committee.
8.8 Members should avoid asking detailed questions requiring technical answers or on matters not normally in the present knowledge of the Minister. Ministers should avoid unnecessarily lengthy responses.
8.9 Other than the exceptions noted in this process, all the rules and conventions of the House governing question period apply to the questions during the mid-term review.
8.10 These arrangements for the Territorial Leadership Committee's mid-term review of Cabinet shall not create a precedent for or change the existing rules of the House.
Reporting To The House
Caucus agreed that a report shall be made to the Legislature for each future strategic planning workshop.
Third Strategic Planning Workshop
Caucus agreed that the next strategic planning workshop will be held in the community of Fort Smith in April, 1994.
Workshop Items For Consideration During/After The Fourth Session
11.1 Electoral Boundaries Commission (Formal Motion)
11.2 Members' conduct guidelines (Formal Motion)
11.3 Report of the Caucus Working Group on information exchange and decision-making on division issues (Tabled Document)
11.4 Mid-Term review of the Premier and Ministers (Territorial Leadership Committee)