This is page numbers 863 - 902 of the Hansard for the 12th Assembly, 6th 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 chairman.

Topics

Improper Analyses Of Bip
Item 3: Members' Statements

Page 866

Dennis Patterson Iqaluit

Now, that is not the only damage this company has done to the territorial economy. In the eastern Arctic, for government contracts, the GNWT requires the use of operation sealift, the government tendered sealift operation, so that economies of scale can be preserved and sailings can be guaranteed.

Nova was required to use operation sealift. What did they do? Their construction materials were brought up on Rock Lessard's barge. This Quebec company was actively shopping around this summer in Iqaluit offering $100 per ton less than the operation sealift rate. Reputable GNWT contractors and long time northern companies honoured their commitment to the Coast Guard sealift. Nova brought their materials up on the Rock Lessard barge. The result, the cancellation of this expected cargo, delayed an August sailing for one month and resulted in the complete cancellation of another sailing.

Many local firms lost a precious summer month due to this default by Nova and the increased costs will be passed on to everyone else so that this firm can violate a condition of the tender call and thumb its nose at the NWT Housing Corporation and the Government of the Northwest Territories.

Madam Speaker, this seemingly favoured company got about half of the rent supp contracts in the NWT this year. I want to ask questions of Mr. Morin about Nova. Does the Minister know that the owner of this company lives in the south? Is the Minister aware that Cedarcrest Homes is doing substantial work on this job for a company which the Housing Corporation gave northern and, apparently, local preference? If so, will there be punitive actions taken for Nova's apparent violation of tender call conditions? And, now that the BIP review is postponed, what is the Minister going to do to ensure that literal bureaucratic analysis of the provisions of the BIP do not any longer result in continuing rewards for cheaters? Thank you.

---Applause

Improper Analyses Of Bip
Item 3: Members' Statements

Page 867

The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Yellowknife North, Mr. Ballantyne.

Success Of Rcmp Emergency Response Team
Item 3: Members' Statements

November 8th, 1994

Page 867

Michael Ballantyne Yellowknife North

Thank you, Madam Speaker. Madam Speaker, yesterday a potentially dangerous situation developed in my constituency. A troubled individual barricaded himself in a residence, threatened the police, threatened to kill himself and could have endangered the public. The RCMP emergency response team, under Inspector Al McIntyre, and a tactical team led by Staff Sergeant Grundy mobilized and were on site in 37 minutes. They secured the area, evacuated people who might be in danger, set up a communication line and started negotiations immediately. Negotiations were successful and the individual was taken into custody with no harm done to the public, the police or to the individual.

Madam Speaker, across the country and in the north, these types of incidents are becoming more common. It is becoming increasingly important that well-trained, well-equipped RCMP teams are available to respond to these types of situations. A well-trained police team, as was demonstrated yesterday, is able to protect the public, minimize risk to themselves, and are able to take the time to negotiate a peaceful solution to dangerous problems posed by such troubled individuals.

These incidence don't only happen in large communities, they can happen in any community in the Northwest Territories. We have to ensure that the police have adequate manpower, training and equipment to the job we've entrusted to them. I offer our congratulations to the RCMP emergency response team who handled a potentially dangerous situation in a professional and efficient manner. Thank you, Madam Speaker.

---Applause

Success Of Rcmp Emergency Response Team
Item 3: Members' Statements

Page 867

The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Inuvik, Mr. Koe.

Member's Statement Re Update On Cdsc Process
Item 3: Members' Statements

Page 867

Fred Koe Inuvik

Mahsi, Madam Speaker. Madam Speaker, I rise today to give Members of this House an update on the western Constitutional Development Steering Committee process. The committee is moving rapidly forward into the next stage in the western constitutional process. This week, the committee has started a tour of western communities and they are now in the Sahtu region meeting with community councils, the public and starting a process of giving information about the work done by all member groups of the western Constitutional Development Steering Committee.

The purpose of these meetings is to tell people about the themes and issues which will be discussed at the constitutional conference scheduled for mid-January in 1995. People hear information about what work has been done by the member groups and have opportunities to ask questions about that work and about the upcoming conference. Members will also be passing out information on how the participants will be selected who will attend the conference. There is an application process. There is a formula worked out to try to balance the participants who come to this first conference. We're looking at a balance between political and quasi-political people and public representation. We want to get as much public information from as many areas as possible.

Today also, the Constitutional Development Steering Committee released two important background documents. One is a summary of the member group research reports, a summary of each of the reports produced by the founding members of the western constitutional process and there's a document called, "The Themes and Issues in the Constitutional Process for a New Western Territory."

Madam Speaker, I seek unanimous consent to conclude my statement.

Member's Statement Re Update On Cdsc Process
Item 3: Members' Statements

Page 867

The Speaker

Thank you. The honourable Member is seeking unanimous consent to continue. Are there any nays? There are no nays. Please proceed, Mr. Koe.

Member's Statement Re Update On Cdsc Process
Item 3: Members' Statements

Page 867

Fred Koe Inuvik

Mahsi, Madam Speaker. Madam Speaker, later on today, I will be tabling copies of these documents in the House. The message I'm giving today is that the process is under way. We have commitments now from almost all the groups in the western territory. We've had interest from Treaty 8 groups, Deh Cho groups and they are participating in the conference. Hopefully, by the end of this week, we'll have some favourable announcements to make about their participation.

We are moving rapidly forward. January 18th is not far away, so I urge all Members who are involved in the western constitutional process to assist in these meetings. I urge the public to come out and hear what the constitutional process is about, and hopefully participate in the conference. Mahsi.

Member's Statement Re Update On Cdsc Process
Item 3: Members' Statements

Page 868

The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Yellowknife Centre, Mr. Lewis.

Brian Lewis Yellowknife Centre

Thank you, Madam Speaker. On November 8th, I received a letter from Peggy Witte, chief executive officer of Royal Oak, in response to a Member's statement I made in the Legislative Assembly on October 24th. It is very clear that what we do and say in this Assembly is noted and, when appropriate, reacted to, even from such far away places as Vancouver.

She has pointed out in the press that her move of the Royal Oak head office from Vancouver to a suburb of Seattle will save her company $1 million. This has been reported in the press, Madam Speaker.

The major concern though about what we do here is the rate increases by northern agencies, which dramatically affect her company. In her letter, she refers to the proposed 22 per cent low-water surcharge increase and the two per cent general rate increase for electricity.

In addition, she points out that the industry faces a 10 per cent increase in Workers' Compensation Board premiums. She also notes that there is an anticipated increase in municipal taxes by the city of Yellowknife. Although these rate increases are not under the control of our government, Ms. Witte points to a genuine problem, Madam Speaker. One increase in rates in one area may not appear significant. The accumulated affect of several rate increases in different areas, however, can be very significant. This point was raised in the recent discussions on proposed recovery costs to the Public Utilities Board from consumers. There was quite a bit of debate on that.

The tone of Ms. Witte's letter, Madam Speaker, I believe, is that she would like to see more support for the mining industry from myself and, I assume from the tone of her letter, other Members of our Assembly. I sent her a copy of parts of my reply to the Commissioner's address, which deals with mining development and my whole-hearted support for it. Thank you.

The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Keewatin Central, Mr. Todd.

John Todd Keewatin Central

Thank you, Madam Speaker. Yesterday, Madam Speaker, my honourable friend from Yellowknife Centre spoke about the opening of an office in Rankin Inlet by News/North. Madam Speaker, the reporter who has been assigned to the Keewatin beat is well-known to Members of this House. She has covered the Legislative Assembly for the News/North for the past several years and sits just above us in the press gallery during these sessions. Although I am sure

she will enjoy her new assignment in the Keewatin, I am sure she will be missed by all of us here at the Assembly.

Madam Speaker, Mr. Lewis spoke about how he was sure that a good investigative reporter -- which certainly describes our friend in the press gallery -- would have a great deal of news to report in Keewatin. However, as Mr. Lewis I am sure is aware, the news being created comes from the dynamic, aggressive and oppressive...

---Laughter

...I mean progressive...

---Laughter

...Keewatin. Politicians in the Keewatin take their marching orders from the people who elect them. If they don't, then we all know what happens at election time.

Madam Speaker, because I have lived in Nunavut and Keewatin for the past 30 years and knowing the nature of the people there, I can assure you that the News/North will have no dearth of good stories to report on.

Madam Speaker, I cannot stress how important it is for newspapers to take a more proactive approach and cover more of our communities and regions. It is long overdue. I would like to commend the publishers of News/North for taking this bold initiative.

Finally, Madam Speaker, it is my understanding that the News/North will be publishing their Keewatin paper in both English and Inuktitut. I would like to congratulate them for recognizing the importance of language in the north and by publishing both languages, thereby ensuring that this service is available to all people in the Keewatin and eastern Arctic. Thank you.

---Applause

The Speaker

Thank you. Item 3, Members' statements. Item 4, returns to oral questions. The honourable Member for Hay River, Mr. Pollard.

Return To Question 347-12(6): Community Standards For Rating Tv Programs
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 868

John Pollard Hay River

Thank you, Madam Speaker. I have a reply to a question asked by Mr. Lewis of Mr. Kakfwi on November 4, 1994. It concerned community standards for rating TV programs.

However, under the terms of the Motion Pictures Act, all films shown in the NWT must receive an audience classification by a provincial censor board. The classifications indicate the appropriate audience for a film, and no one under 18 years of age may attend a film classified as "restricted."

Return To Question 347-12(6): Community Standards For Rating Tv Programs
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 869

The Speaker

Thank you. Item 4, returns to oral questions. The honourable Member for Hay River, Mr. Pollard.

Further Return To Question 293-12(6): Enforcement Of Land Claims Legislation By Rcmp
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 869

John Pollard Hay River

Thank you, Madam Speaker. This is a response to a question asked by Mr. Koe on October 31, 1994 of Mr. Kakfwi. It concerns the enforcement of land claims legislation by RCMP.

Madam Speaker, the answer to the general question of whether RCMP officers can enforce land claims is that they cannot.

Generally speaking, federal statutes that recognize and give effect to land claims do not create prohibitions nor do they contain any enforcement provisions. Thus, it is essential to recognize the limitations of the ratification legislation and the difference between such legislation and the land claims agreement.

Madam Speaker, land claims agreements identify the rights of the participants, provide for compensation as well as for the establishment of various administrative boards, including arbitration boards for dispute resolution, and prescribe the procedures that these various boards and the government are to follow in order to protect the rights of the beneficiaries. Thus, Madam Speaker, the enforcement of the collective and individual rights enshrined through claims requires actions of a primarily civil nature. As I indicated earlier in this House, recourse to arbitration boards is often mandatory when disputes over the enforcement of a land claim arise. It is, therefore, unlikely that the RCMP would be involved in any civil action to enforce the rights of land claims beneficiaries.

With regard to the honourable Member's supplementary question relating to trespass to private lands created through the settlement of claims, I again advise that RCMP would not be involved. There is no legislation in the Northwest Territories such as the Petty Trespass Acts found in other jurisdictions. In the absence of such legislation, there is therefore no offence created for trespassing on private land. It would then appear that a landowner's only remedy against a trespasser would be a civil action. The access and entry provisions of the various claims do apply to such situations but there are no enforceable provisions or offenses created through these land claims clauses which the RCMP would be called upon to enforce. Thank you, Madam Speaker.

Further Return To Question 293-12(6): Enforcement Of Land Claims Legislation By Rcmp
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 869

The Speaker

Thank you. Item 4, returns to oral questions. The honourable Member for Keewatin Central, Mr. Todd.

Return To Question 382-12(6): Status Of Interpretive Centre, Prelude Lake
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 869

John Todd Keewatin Central

Thank you, Madam Speaker. Madam Speaker, I have worked extremely hard to avoid taking questions as notice. Unfortunately, yesterday Mr. Lewis stumped me with respect to status of interpretive centre, Prelude Lake.

Madam Speaker, based upon the 1990 master plan, a significant amount of work has been done at the Prelude Lake Park. The 1995-96 season is the fifth year of a seven-year upgrading program. It should be noted that the park has not had a major renovation since it was established.

The park land is bisected by many cottages. To work effectively, the park needs to have its system of roads altered in order to separate the cottages from tourists. Doing this will allow for a larger campground which will take some of the pressure off facilities in the Fred Henne Park. In addition, safety will be improved as the campground will no longer be the main traffic route through the park.

To date, interpretive signs have been placed along the nature trail, walking trails established, a parking lot for trailers created for those using the boat launch, the playground has been refurbished, new signs put up, new conveniences established, new campsites created, fencing installed and a new picnic area built. Environmental restoration has also been undertaken.

In the remaining years of the program, we will see the expansion of the campground, a new day use area established and the road system realigned. The plan to redevelop the park does not include, nor has it ever included, the establishment of an interpretive centre, only interpretive signage.

Prelude Lake Park is the second most heavily used park in the North Slave region. Park use increased by 10 per cent between 1992 and 1993. The 1994 season shows a similar increase. Residents and tourists have had to be turned away. Expanded facilities are required.

Madam Speaker, it should be noted that 90 per cent to 100 per cent of the construction contracts have been awarded to NWT companies and most of the design work has been done by northern firms. All design and construction work in the future will go to Northwest Territories companies. Thank you.

---Applause

Return To Question 382-12(6): Status Of Interpretive Centre, Prelude Lake
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 869

The Speaker

Thank you. Item 4, returns to oral questions. The honourable Member for Baffin Central, Ms. Mike.

Return To Question 321-12(6): Inequities In Property Taxation System Re Delinquent Accounts
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 869

Rebecca Mike Baffin Central

Thank you, Madam Speaker. I have a return to an oral question asked by Mr. Ballantyne on November 2, 1994, concerning taxation system.

There is no loophole in current government legislation regarding provision for the recovery of outstanding property taxes; provision is contained in sections 95 and 96 of the Property Assessment and Taxation Act (PATA).

The court case being referred to is, I believe, the one heard in July 1989 dealing with a tax sale that occurred in Inuvik in August 1986. The previous legislation, the municipal ordinance, was in force at the time of the tax sale, but had already been repealed and replaced by the Property Assessment and Taxation Act in January 1988, prior to this case coming to court.

In his decision on the above case, the judge did not "strike down" the municipal ordinance. Although the judge found fault in the municipal ordinance in his decision, he did acknowledge it had already been repealed and replaced.

It is true that PATA provides for the recovery of outstanding taxes through the courts, whereas the old municipal ordinance allowed for sale of land by a municipality for tax arrears.

The department is aware of Yellowknife's concern with the current Property Assessment and Taxation Act provisions in this area and is reviewing with all the tax-based municipalities the effectiveness of these provisions for collection of property tax arrears. Thank you.

Return To Question 321-12(6): Inequities In Property Taxation System Re Delinquent Accounts
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

Page 870

The Speaker

Thank you. Item 4, returns to oral questions. Item 5, recognition of visitors in the gallery. Item 6, oral questions. The honourable Member for North Slave, Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Thank you, Madam Speaker. In September of 1992, the Department of Municipal and Community Affairs distributed this pamphlet entitled "Strengthening our Partnership" to departmental staff. This pamphlet also includes a mission statement, Madam Speaker, which concludes, and I quote, "We have an open and honest partnership with community governments built on a mutual trust and a desire to make a difference through teamwork and innovation."

On November 2, the Minister, in committee of the whole, reiterated that the department continues to rely on this mission statement. My question to the Minister is, can the Minister again confirm that the department's mission statement, as outlined in this particular document, is still in effect?

The Speaker

Thank you. Minister of Municipal and Community Affairs, Ms. Mike.

Return To Question 384-12(6): Status Of Maca's Mission Statement
Question 384-12(6): Status Of Maca's Mission Statement
Item 6: Oral Questions

Page 870

Rebecca Mike Baffin Central

Thank you, Madam Speaker. Yes, it is.

Return To Question 384-12(6): Status Of Maca's Mission Statement
Question 384-12(6): Status Of Maca's Mission Statement
Item 6: Oral Questions

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The Speaker

Supplementary, Mr. Zoe.

Supplementary To Question 384-12(6): Status Of Maca's Mission Statement
Question 384-12(6): Status Of Maca's Mission Statement
Item 6: Oral Questions

Page 870

Henry Zoe

Henry Zoe North Slave

Thank you, Madam Speaker. The department, as everyone is aware, has gone through a significant reorganization over the summer. Can the Minister tell the House what efforts were made to consult with municipalities before this reorganization? Thank you.