This is page numbers 503 - 531 of the Hansard for the 12th 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 land.

Topics

Members Present

Mr. Allooloo, Mr. Antoine, Hon. Silas Arngna'naaq, Mr. Arvaluk, Mr. Ballantyne, Hon. Nellie Cournoyea, Mr. Dent, Mr. Gargan, Hon. Stephen Kakfwi, Mr. Koe, Mr. Lewis, Hon. Jeannie Marie-Jewell, Hon. Rebecca Mike, Hon. Don Morin, Hon. Richard Nerysoo, Mr. Ng, Mr. Ningark, Mr. Patterson, Hon. John Pollard, Mr. Pudlat, Mr. Pudluk, Hon. John Todd, Mr. Whitford, Mr. Zoe

---Prayer

Assent To Bills
Assent To Bills

Page 503

The Speaker

Thank you. Good afternoon. I have a letter before me from Commissioner Norris addressed to me, dated March 3, 1994.

"Dear Madam Speaker, I wish to inform the Legislative Assembly that on Thursday, March 3, 1994, I was attended in my office by the Clerk of the Legislative Assembly, Mr. David Hamilton, and the Government House Leader, the Honourable John Pollard, for the purpose of assenting to bills. I wish to inform the Legislative Assembly that, as Commissioner of the Northwest Territories, I gave assent to Bill 13, Supplementary Appropriation Act, No. 3, 1993-94. Yours truly, D L Norris, Commissioner."

Item 2, Ministers' statements. Point of privilege, Mr. Gargan.

Point Of Privilege

Assent To Bills
Assent To Bills

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Samuel Gargan Deh Cho

Madam Speaker, I rise on a point of privilege concerning an incident which occurred in this House yesterday. Madam Speaker, yesterday I wrote and circulated a letter to all MLAs. This letter was not tabled in the House nor was it ever made a part of the formal records of this House.

Secondly, Madam Speaker, an interpretation was placed on the contents of this letter by you without providing me with the opportunity to debate or respond to your interpretation. This is a fundamental denial of the right to be heard before one is convicted...

Assent To Bills
Assent To Bills

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The Speaker

Mr. Gargan. Unfortunately, you do not have a point of privilege. I would like to remind Members and quote from Beauchesne's ruling 168(1), "Reflections upon the character or actions of the Speaker may be punished as breaches of privilege. The actions of the Speaker cannot be criticized incidentally in debate or upon any form of proceeding, except by way of a substantive motion." In addition, Beauchesne's ruling 170, "Under Standing Order 10, Speakers' rulings, once given, must be accepted without appeal or debate." Under those rulings, I indicate that you do not have a point of privilege. Item 2, Ministers' statements. The honourable Member for Sahtu, Mr. Kakfwi.

Stephen Kakfwi

Stephen Kakfwi Sahtu

Madam Speaker, later today I plan to table the document Tradition and Change, A Strategy for Renewable Resource Development in the NWT. This strategy provides an approach for managing and using renewable resources for the maximum benefit of our residents today, while ensuring there is enough for tomorrow. This has been the approach of our people for thousands of years.

The current value of the renewable resource harvest is now over $55 million per year. The harvest of wildlife, primarily as food, is worth a minimum of $38 million. The value of the fish and marine mammal harvest is $12 million. The timber harvest will increase this year from $3 million to $14 million. Last year, the sale of wild furs and agricultural products provided $3 million.

The renewable resource development strategy promotes economic self-reliance, local employment opportunities and benefits and local influence over the pace of development. This is especially important for smaller communities where few other economic opportunities exist. The strategy is divided into six renewable resource sectors: fur, wildlife, fisheries, forests, marine mammals, and agriculture. The value, objectives, initiatives and constraints of each sector are described and a three year action plan is included.

Madam Speaker, a healthy economy requires a healthy environment. I believe that releasing this strategy shows our government's commitment to both increasing economic opportunities, sustainable development and maintaining productive renewable resources. This is what residents are asking for and this is what we intend to provide. Thank you.

---Applause

The Speaker

Thank you. Item 2, Ministers' statements. The honourable Member for Mackenzie Delta, Mr. Nerysoo.

Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. Madam Speaker, as most Members know, I just returned from a two day meeting of the Council of Ministers of Education, Canada, in Toronto, and I would like to bring the Members of this Assembly up to date on developments.

First, I am pleased to announce that the council's by-laws were amended to change the status of the Yukon and Northwest Territories from observers to members...

Some Hon. Members

Hear, hear.

---Applause

Richard Nerysoo Mackenzie Delta

This is for the first time in 26 years. This significant change allows us to take our place at the table in developing, directing and leading education in our nation. I would like to recognize the work of my staff for helping bring this long overdue recognition to our territories.

Secondly, the council discussed and furthered its six-point action plan to reshape education in this country. One of the steps in this process is a regular series of national forums to bring together all interested groups and organizations, including government, business, labour, educational institutions, teachers, parents and student federations and associations, to promote dialogue on expectations and needs and to exchange ideas.

The first of these national meetings will be held in Montreal this coming May. Plans for the meeting were reviewed and additional direction was given. This forum, which will focus on the quality of education is a national first, and all Education Ministers are expected to play key roles in the discussions. Special attention will be paid to current best practices and education successes across the country under the sub-themes of: goals and outcomes; accessibility and mobility; and, accountability.

The five remaining points of the action plan are:

-the establishment of a national working group to examine curriculum comparability and possible joint initiatives in curriculum development;

-the continuation and expansion of the school achievement indicators program, adding assessment in science to the existing program which includes assessment in reading and writing and mathematics;

-a new joint project between the Council of Ministers and Statistics Canada to develop pan-Canadian indicators on education performance;

-a new Canada-wide focus on open learning and distance education, particularly in post-secondary studies; and,

-the development of new links and partnerships with national and governmental organizations, and with business, labour and appropriate federal departments and agencies.

As part of the meetings, the Ministers also hosted the Honourable Lloyd Axworthy, Minister of Human Resources Development Canada, and discussed issues such as the continuation of the stay-in-school program, possible changes to the Canada student loans program, the planned federal reductions to the national literacy program and the implications of reform of social programs on education.

Madam Speaker, as I have done before, I will continue to keep this legislature up to date on the developments and change in education on the national scene as we work to reshape, reform and improve our system of education. Thank you, Madam Speaker.

---Applause

The Speaker

Thank you. Item 2, Ministers' statements. Item 3, Members' statements. Member for Deh Cho, Mr. Gargan.

Apologizing To Constituents And Mlas
Item 3: Members' Statements

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Samuel Gargan Deh Cho

Thank you, Madam Speaker. Yesterday, I had a terrible day and it started about 3:00 pm.

---Applause

It went on into the evening. This morning I got up at 6:00 and thought about what had happened yesterday.

I have been a good and faithful Member of this House for over ten years, under many Speakers, including the late and honourable Speaker Stewart. I believe that the work done in this House is important and each Member has an obligation to his or her constituents to be very involved in the work we do here.

Madam Speaker, yesterday, I wanted Members to be aware of some specialists who were available to assist them with taxation issues. This is the time of year when we hear concerns from our constituents regarding tax matters. In my haste to inform Members, I unintentionally chose words which offended you, Madam Speaker. I regret that these hastily chosen words caused the difficulties they did. I have always had tremendous respect for the House and it's Members, and I will always continue to abide by its rules.

I would like to apologize to the members of my constituency for being unable to represent them in this House yesterday afternoon, and to the Members of this House for being unable to participate in yesterday's debate on bills and supplementary appropriations.

Madam Speaker, in the future I will be diligent in my choice of words taking care that they not reflect badly on this House. Mahsi cho.

---Applause

Apologizing To Constituents And Mlas
Item 3: Members' Statements

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The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Yellowknife Frame Lake, Mr. Dent.

International Women's Day
Item 3: Members' Statements

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Speaker. Tuesday, March 8, is International Women's Day. Madam Speaker, since this House won't be sitting on that day, I thought I would take a couple of minutes today to highlight the fact that that is an important day for us to celebrate.

Madam Speaker, International Women's Day has been celebrated throughout Europe, Russia and the United States since 1910. It has had its origins in the struggle of women for better wages and working conditions, as well as the right to vote in elections.

There are two symbols representing International Women's Day: red roses; red represents the struggle for economic security and roses the struggle for a better life. Madam Speaker, all Members recently received a rose lapel pin and are asked to wear this pin to demonstrate their support for this important day.

Madam Speaker, this day not only highlights the struggles and achievements but, too, serves as a reminder of the important work still to be done on behalf of women. We must celebrate the achievements of progress for what has been done. In the Northwest Territories we have some shelters, we do have some programs in the struggle against family violence, we do have some day care centres in some communities. Madam Speaker, we do have more women involved in politics and more women have educational job opportunities than was the case in the past. But, we still have a long way to go. There is a lot more change needed.

International Women's Day is a reminder that around the world and in the Northwest Territories, too many women are still living in violent conditions of physical, emotional and sexual abuse, earning less than men earn, and under-represented in politics at all levels. International Women's Day, Madam Speaker, is a reminder that work as women and mothers is not adequately valued, and needs such as child care and child support and shelters are not being adequately met.

Madam Speaker, statistics can tell just how much more needs to be done. Madam Speaker, I would seek unanimous consent to conclude my statement and to give some of those statistics.

International Women's Day
Item 3: Members' Statements

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The Speaker

Thank you. Your time is not up yet, Mr. Dent. However, the honourable Member is seeking unanimous consent to continue with his Member's statement. Are there any nays? Thank you. There are no nays? Proceed, Mr. Dent.

International Women's Day
Item 3: Members' Statements

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Speaker. Thank you, colleagues. Madam Speaker, some of the statistics that I was referring to indicate that the average income for women in the Northwest Territories in 1992 was $16,500. That's less than two-thirds the average of what a man earns in the Northwest Territories, that being over $26,000. In 1991, the average income for single parent families in the Northwest Territories was one-third the income of other families and, Madam Speaker, 75 per cent of single parent families are headed by women. Single-parent income has, in fact, dropped in the Northwest Territories since 1990.

Madam Speaker, in 1993, there were approximately 1,050 day care spaces serving 18 communities across the Northwest Territories. As we were told during hearings for the Special Committee on Health and Social Services, this is terribly inadequate. There are more than 2,300 children in the Northwest Territories in need of child care right now. In the Northwest Territories, shelter workers estimate that at least one in four NWT women have been abused by her partner. Women are assaulted an average of 35 times before they call for help. In all of the NWT, there are only nine shelters to protect abused women and only four are able to offer counselling.

In Canada, one woman in three will be sexually assaulted by a man at some time in her life. The NWT rate of reported sexual assaults is the highest in the country and 54 per cent of rape victims are girls between the ages of seven and 18. Madam Speaker, there is no rape crisis centre in the NWT and very limited use of victim impact statements in the courts. The NWT, Madam Speaker, is the only place in Canada where disabled women outnumber disabled men and this may be due largely to violence and abuse.

Madam Speaker, it is not enough to say that we abhor violence against women. We must take our policy of zero tolerance against violence to heart and take action. We must make sure people believe that violence really is a problem. We must make sure that better support is there to help those who suffer by providing more shelters, more counselling and more assistance to those who have to seek redress and protection through our court system.

Madam Speaker, I urge all Members, indeed, I urge everyone, to make time next Tuesday to observe International Women's Day. Wear a rose, participate in some of the activities, celebrate the achievements of women to date, and let's all remember how much change is still needed. Thank you, Madam Speaker.

---Applause

International Women's Day
Item 3: Members' Statements

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The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Nahendeh, Mr. Antoine.

Jim Antoine Nahendeh

Mahsi, Madam Speaker. On Tuesday, March 1, I went to Fort Smith at the invitation of the students attending Arctic College from my constituency. There are about 25 students and half of them have spouses and children, so there are quite a few of them from my constituency in Fort Smith. Madam Speaker, while I was there I spoke to the management and students about the budget process and the Legislative Assembly's role in the budget process. I also spoke to social services students. The discussion was basically about constitutional development and self-government.

In the evening I had a meeting with my constituents. There was great discussion on all kinds of different issues. Madam Speaker, I'm proud to see that these people, many with families, are returning to school or going for the first time. I was very impressed and encouraged with the questions and discussions we had on the future direction of the Northwest Territories.

However, Madam Speaker, one of the major concerns expressed by the students and their spouses was the extra funding available to students in the community teacher education program. I'm told that these education students receive between $5,000 to $12,000 in extra incentive grants, depending on the size of their families. Other students do not get this who are taking other programs. Needless to say, Madam Speaker, my constituents enrolled in other programs, particularly those with families, are not very pleased with the situation. I'm, personally, not very satisfied with the situation.

Madam Speaker, I realize that this incentive program was started to encourage aboriginal people to enrol in the teacher education program and I do agree with the intent. However, Madam Speaker, the Northwest Territories needs more than aboriginal teachers who understand and can teach our culture. We need aboriginal social workers who understand the needs of the people they are supposed to serve. We need northern managers to administer programs, both for aboriginal organizations and various levels of government. Madam Speaker, this incentive program offered to students taking education needs to be dropped or modified and extended to students in other faculties.

I do not blame the students for wanting the same benefits. These students have families and deserve the same consideration as education students. I urge the government, in the spirit of fairness, to review this program and offer a constructive solution that does not discriminate against or favour students in different programs. Mahsi, Madam Speaker.

---Applause

The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Baffin Central, Ms. Mike.

Rebecca Mike Baffin Central

(Translation) Thank you, Madam Speaker. I'm very pleased that the following young people from my constituency are going to attend the 1994 Arctic Winter Games: from Pangnirtung, Leona Nakashuk, Charlie Komoartok, Daniel Kilabuk, Helen Parfitt, Sheena Machmar, Nathaniel Qaqasiq, Eva Sowdluapik, Lizzie Etuanat, and from Broughton Island, Allan Kooneeloosie and Meika McDonald.

Madam Speaker, as I will not be able to attend the 1994 Arctic Winter Games due to prior commitments, I would like to wish them well on behalf of their communities and acknowledge their parents for the support and encouragement they gave to these young athletes. Thank you, Madam Speaker.

---Applause

The Speaker

Thank you. Item 3, Members' statements. The honourable Member for Baffin South, Mr. Pudlat.

High Cost Of Fuel For Home Owners
Item 3: Members' Statements

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Madam Speaker. I would like to make a statement today regarding home owners in my constituency and the need these people have for assistance in buying heating fuel. I'm happy and thankful with the fact that some of my constituents have been able to get assistance through the home ownership program of the Housing Corporation. One of the concerns that has been brought to my attention by home owners is the high cost of heating fuel.

I don't need to remind the House about the high costs of living because everybody here is well aware of that fact already. Some of the home owners barely scrape by in paying their heating bills, along with all the other expenses that have to be paid. I'm aware of the program for seniors where there is assistance for purchasing wood and heating fuel and I'm very happy about that. What I would like to suggest to the government is it is time now to expand this assistance to those who have a certain income level and for those who do not presently receive housing allowances from their employers. I'm not suggesting that new subsidies be given to all home owners, but target those who are struggling and who are the most in need. Thank you.

High Cost Of Fuel For Home Owners
Item 3: Members' Statements

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The Speaker

Thank you. The honourable Member for Iqaluit, Mr. Patterson.

Dennis Patterson Iqaluit

Thank you, Madam Speaker. Madam Speaker, I don't want to be too fulsome in my praise for the Minister of Social Services, since I may have questions and criticisms for her soon enough, but I would like to take this opportunity today to thank her and her assistant for taking time from their busy schedule, last week in Iqaluit, to meet with the board of directors of the Baffin Regional Treatment Centre to discuss staff housing requirements and also to tour the treatment centre, now nearly completed in Apex. I know the board expressed their gratitude directly to the Minister for the salary increases and additional settlement allowances recently approved for staff at this and other treatment centres.

I know that the treatment centre board was very pleased that the Minister actively participated with them in exploring various options to deal with the critical need to find housing for the staff at this new treatment centre. Some of these options will require her action as Minister of Personnel and another will require assistance from the Minister responsible for the Housing Corporation. I know the Minister of Social Services will use her good offices with her Cabinet colleague, the Minister responsible for the Housing Corporation, to seek solutions so we can get the long-awaited treatment centre staffed and up and running.

I want to say, Madam Speaker, I look forward to continuing to work cooperatively with the Minister of Social Services, also in her capacity of Minister of Personnel, with the Minister responsible for the Housing Corporation, with other Baffin MLAs, with Mr. Mangitak Kellypalik and his board at the Baffin Treatment Centre to resolve the housing problem for staff at the treatment centre. Qujannamiik.

---Applause

The Speaker

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

Fred Koe Inuvik

Mahsi, Madam Speaker. Over the next several days, hundreds of athletes, coaches, officials, organizers and spectators will be converging on Slave Lake for this year's version of the Arctic Winter Games. To reach the games is a great achievement for all of these people who have qualified to participate in the games. There are many others, throughout the north and all of the regions who are involved and who have worked very hard to make these happen. I would like to congratulate all of these people plus all of the participants in all of the sports who participated in the trials. They have all worked hard and deserve a lengthy round of applause from all of us and from everyone else, even though they did not make the teams.

I have been an active participant, official and entertainer in some of the games and trials. I know the feeling when you get on a plane to go to an event like this. There is a great feeling that you are representing, not only the Northwest Territories, but Canada. The sound of the national anthem when you are standing on a podium receiving medals brings great pride to everyone involved. I wish our athletes well, especially the athletes from Inuvik: the junior boy's soccer team; I think we have a shooter; a hockey player; and, a basketball player. My great pride and a lot of my attention will go to the curling events because I have two boys and one girl who are going to represent the Northwest Territories in the curling teams.

---Applause

So I wish them well. I wish all of our athletes well and I know they will show their exuberance and skills when they stand up on the podiums receiving their gold ulus. Mahsi.

--Applause

The Speaker

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

Further Return To Question 179-12(5): Requirement For New Health Facility In Gjoa Haven
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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John Pollard Hay River

Thank you, Madam Speaker. Good afternoon. Madam Speaker, I have a return to an oral question asked by Mr. Ningark on February 22, 1994, regarding the health facility in Gjoa Haven.

Madam Speaker, on February 22, 1994, the honourable Member for Natilikmiot asked the Premier whether the Minister of Health would investigate the requirement for a new health facility in Gjoa Haven.

Madam Speaker, the health centre in Gjoa Haven was constructed in 1970. It was renovated in 1981 and again in 1987, immediately prior to the 1988 health transfer. The community has, in the past, asked for a replacement of the facility. In 1992, the Department of Public Works and Services evaluated the facility and found the health centre to be sound and functional. This evaluation was supported by the Kitikmeot health board.

The department recognizes, however, that there is a shortage of program space and it has subsequently identified renovation and expansion of the facility in its five year capital plan.

The KHB has initiated a community health services planning process for all communities, including Gjoa Haven. This exercise will identify program requirements for the community. Based on this information, a functional program will be developed which will identify the space requirements. The functional program is scheduled for 1995-96 with renovation and expansion work to commence in 1996-97. This time frame will allow the KHB to complete its community profile. This information is required in order to provide the community with the best possible service. Thank you, Madam Speaker.

Further Return To Question 179-12(5): Requirement For New Health Facility In Gjoa Haven
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker

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

Further Return To Question 247-12(5): Status Of Computer System For Social Assistance Payments
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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Rebecca Mike Baffin Central

Madam Speaker, this is a return to an oral question asked by Mr. Whitford on March 2, 1994 regarding status of computerized system for social assistance payments. A total of 44 of the 61 communities listed in the social assistance regulations are off-line. That is 72 per cent. We plan to increase the number of offices which have access to the on-line system. However, that cannot occur until the communication links are in place in smaller communities. Records of social assistance in these communities are transmitted to the closest regional centre, where they are entered into the social assistance information system. Thank you, Madam Speaker.

Further Return To Question 247-12(5): Status Of Computer System For Social Assistance Payments
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker

Thank you. Item 4, returns to oral questions. Item 5, oral questions. The honourable Member for Natilikmiot, Mr. Ningark.

John Ningark Natilikmiot

Thank you, Madam Speaker. Madam Speaker, my question is directed to the Premier. When the government announced the reshaping of northern government initiative back in 1991, there were a number of departments which were to undergo consolidation and amalgamation.

Madam Speaker, can the Premier advise this House which amalgamations are complete?

The Speaker

Thank you. Madam Premier.

Nellie Cournoyea Nunakput

Madam Speaker, unfortunately, I had a reply to that question all ready, but I cannot find it. So I will take that as notice and give a complete report tomorrow. Thank you.

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Yellowknife Frame Lake, Mr. Dent.

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Speaker. I have a question about amalgamation also, but it is more specific, so hopefully the Minister will have that information at hand. Specifically, this House has heard that the government proposed to amalgamate the departments of Health and Social Services. This was supported by the Special Committee on Health and Social Services, but during the course of the committee, the committee had also heard conflicting information from the government, including a letter from the Premier indicating that the amalgamation might be on hold. My specific question for the Premier is, what phase is the government currently at on the amalgamation of Health and Social Services?

The Speaker

Thank you. Madam Premier.

Return To Question 254-12(5): Amalgamation Of Health And Social Services Departments
Question 254-12(5): Amalgamation Of Health And Social Services Departments
Item 5: Oral Questions

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Nellie Cournoyea Nunakput

Madam Speaker, I would like to state to the honourable Member that the amalgamation is not on hold, we're just not moving as quickly as anticipated. One of the areas that we wanted to make sure of is that when we receive the report on health and social services, is that it gets considered with what we are doing in the amalgamation. We just haven't been able to accommodate the dates that we originally set out to do. I believe by the fall session we will be substantially along the way to having that particular function, the consolidation plan in place so that we can move along with it as quickly as possible. I just want to assure the Members of the House that we are not putting things on hold. It's just that we were not able to do as many things as quickly as we wanted to. Thank you.

Return To Question 254-12(5): Amalgamation Of Health And Social Services Departments
Question 254-12(5): Amalgamation Of Health And Social Services Departments
Item 5: Oral Questions

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The Speaker

Thank you. Supplementary, Mr. Dent.

Supplementary To Question 254-12(5): Amalgamation Of Health And Social Services Departments
Question 254-12(5): Amalgamation Of Health And Social Services Departments
Item 5: Oral Questions

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Speaker. I'm not sure if I heard the Premier correctly, but I just wanted to confirm for the record. Did she say that by this fall there would be a complete consolidation of those two departments, and that the plan for that would be in the House sometime in the future?

Supplementary To Question 254-12(5): Amalgamation Of Health And Social Services Departments
Question 254-12(5): Amalgamation Of Health And Social Services Departments
Item 5: Oral Questions

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The Speaker

Thank you. Madam Premier.

Further Return To Question 254-12(5): Amalgamation Of Health And Social Services Departments
Question 254-12(5): Amalgamation Of Health And Social Services Departments
Item 5: Oral Questions

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Nellie Cournoyea Nunakput

Madam Speaker, the desire of the government is to try to move the consolidation along as quickly as possible. That's our goal and that's our intent. I'm hopeful that by the fall, we'll have a plan on exactly how that can be done so we can move ahead as quickly as possible on a consolidation. Hopefully, in the fall session I'll be able to say exactly what's going to happen and how we're going to implement the consolidation, if not before, Madam Speaker.

Further Return To Question 254-12(5): Amalgamation Of Health And Social Services Departments
Question 254-12(5): Amalgamation Of Health And Social Services Departments
Item 5: Oral Questions

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The Speaker

Thank you. Item 5, oral questions. The honourable Member for North Slave, Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Thank you, Madam Speaker. Every student of psychology knows that people work best if their work is valued and have some sense of security in what they do. There are currently a number of government employees who do not have this sense of security. These are employees in the departments of Health and Social Services, staff housing employees relating to Public Works and Services and also parks employees in ED&T. Madam Speaker, they've heard of all this impending amalgamation involving their departments. My question to the Premier is, what is our government doing to keep these employees informed both at the regional level and here at headquarters? Thank you.

The Speaker

Thank you. Madam Premier.

Return To Question 255-12(5): Initiatives To Inform Employees Of Amalgamation Plans
Question 255-12(5): Initiatives To Inform Employees Of Amalgamation Plans
Item 5: Oral Questions

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Nellie Cournoyea Nunakput

Madam Speaker, the intent of the government has been brought to the Legislative Assembly and certainly in terms of the planning and organization, the information as it has been realized is transmitted to employees. Perhaps some of the concerns that employees might have is that they hear about something going to happen but the implementation plan has not been in place, so the apprehension is when is it going to happen and how is that going to affect us? Although employees know which areas have been identified, the concern is that they're not quite sure when we're going to do it and what may or may not happen to them. Sometimes we can't give those answers until the implementation plan is in place.

With regard to parks, I think the employees can rest assured because we have decided on the parks consolidation with Renewable Resources. That particular area has been put on hold and we won't be approaching that for some time. Thank you.

Return To Question 255-12(5): Initiatives To Inform Employees Of Amalgamation Plans
Question 255-12(5): Initiatives To Inform Employees Of Amalgamation Plans
Item 5: Oral Questions

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The Speaker

Thank you. Item 5, oral questions. The honourable Member for Kitikmeot, Mr. Ng.

Kelvin Ng Kitikmeot

Thank you, Madam Speaker. My question is to the Minister of Public Works and Services. Over the course of the past year and a half the government has sold off a lot of its staff housing units. Theoretically, I gather, with that decrease in the number of units, the management and maintenance staff required to maintain those units won't be required at the same levels as they are now. Has the Minister's department determined yet how many staff are no longer needed as a

result of the decrease in the number of staff housing units? Thank you.

The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Return To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

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Don Morin Tu Nedhe

Thank you, Madam Speaker. We have not yet determined how many staff we need to maintain the existing stock. We are still looking at transferring whatever is left over of the staff housing to the NWT Housing Corporation, and how that stock is going to be maintained as well as the stock of the Housing Corporation. We have to look at both issues at once and then make the decision. Thank you.

Return To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

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The Speaker

Thank you. Supplementary, Mr. Ng.

Supplementary To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

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Kelvin Ng Kitikmeot

Thank you, Madam Speaker. I understand that the Housing Corporation will be assuming responsibility for the maintenance of the GNWT staff housing units. With that, the Housing Corporation has devolved the responsibilities of maintaining the public housing stock to local housing authorities. Is it the intention in this amalgamation of the two departments to have the Public Works' staff become employees of the local housing authorities in the communities? Thank you.

Supplementary To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

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The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Further Return To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

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Don Morin Tu Nedhe

Thank you, Madam Speaker. Those questions that the Member has raised are good questions and we don't have the answers to those questions yet. The housing authorities are set up fairly well to administer housing and give out those houses in the communities. The Department of Public Works is also set up fairly well to maintain units, so are the housing authorities set up to maintain units. Government employees are unionized. Some housing authorities' maintenance employees are unionized, some are not, some have different unions. So it is a complicated issue to address and we are working to address it. I have directed both my departments to work together to see how we can maximize our dollars and get the best use out of our dollars to maintain the public housing stock as well as the staff housing stock, and come up with a decision paper. Thank you, Madam Speaker.

Further Return To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

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The Speaker

Thank you. Supplementary, Mr. Ng.

Supplementary To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

Page 509

Kelvin Ng Kitikmeot

Thank you, Madam Speaker. Would the Minister recognize that with the amalgamation of the two departments -- the Housing Corporation and Public Works and Services -- and the maintenance staff of both of those organizations, that there will be a surplus of staff as a result of this amalgamation? Thank you.

Supplementary To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

Page 509

The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Further Return To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

Page 509

Don Morin Tu Nedhe

Thank you, Madam Speaker. Whether there will be surplus people, I do not know, so I can't recognize them yet. Thank you.

Further Return To Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Question 256-12(5): Decrease In Maintenance Staff Due To Sale Of Staff Housing
Item 5: Oral Questions

Page 509

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Iqaluit, Mr. Patterson.

Dennis Patterson Iqaluit

Thank you, Madam Speaker. To the Minister of Economic Development and Tourism. Madam Speaker, while there has been a decrease in the demand for maintenance of staff housing as a result of sales, there has been a corresponding increase in the need to maintain private homes. This would seem to be a great opportunity to help encourage the creation of small businesses. I know the Minister is always alert for such opportunities. I would like to ask the Minister, what has his department done to encourage and support people to create small businesses, particularly in the trades, to support the growing private housing market? Thank you.

The Speaker

Thank you. Minister of Economic Development and Tourism, Mr. Todd.

Return To Question 257-12(5): Support To Small Businesses To Develop Housing Market
Question 257-12(5): Support To Small Businesses To Develop Housing Market
Item 5: Oral Questions

Page 509

John Todd Keewatin Central

Thank you, Madam Speaker. Early on, when this policy was brought forward, we recognized that there would be an ideal opportunity for the development of small maintenance and trades fields. The regional staff are aware of it and are responding to initiatives that are coming from the communities. I know, for example, that Simeonie Tatty and another partner have put together a small maintenance company and are now maintaining some of the homes in Rankin Inlet. I'm told that such will be the case in other communities, particularly in the larger centres where you have a critical mass of housing that is being sold. There would be a greater opportunity than there would be in some of the smaller communities. We are responding to it. We recognize it's an important initiative and I'm confident that, ultimately, more money will be spent in the community and more economic benefits will be accrued accordingly. Thank you.

Return To Question 257-12(5): Support To Small Businesses To Develop Housing Market
Question 257-12(5): Support To Small Businesses To Develop Housing Market
Item 5: Oral Questions

Page 509

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Yellowknife Centre, Mr. Lewis.

Brian Lewis Yellowknife Centre

Thank you, Madam Speaker. My question is for the Minister of Social Services. Since the Assembly has now delayed dealing with the issue of guardianship for dependant

adults for many years, I would like to ask the Minister if the Guardianship Act has now been completed.

The Speaker

Thank you. Minister of Social Services, Ms. Mike.

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Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

Rebecca Mike Baffin Central

Thank you, Madam Speaker. Yes, it is.

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Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Supplementary, Mr. Lewis.

Supplementary To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

Brian Lewis Yellowknife Centre

I would like to ask the Minister if this piece of legislation has been dealt with by the Cabinet yet.

Supplementary To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Minister of Social Services, Ms. Mike.

Further Return To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

Rebecca Mike Baffin Central

Madam Speaker, no.

Further Return To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Supplementary, Mr. Lewis.

Supplementary To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

Brian Lewis Yellowknife Centre

Can I ask the Minister -- obviously she has no control over the Cabinet agenda -- but when is it that she proposes to bring this piece of legislation into the Assembly?

Supplementary To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Ms. Mike.

Further Return To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

Rebecca Mike Baffin Central

Thank you, Madam Speaker. That piece of legislation has been submitted to the Cabinet. It is a matter of when the Cabinet is going to deal with it and, once that's done it will be tabled in this House. Thank you.

Further Return To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Inuvik, Mr. Koe.

Further Return To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

Fred Koe Inuvik

Mahsi, Madam Speaker, my honourable colleagues raised a lot of questions about various stages of amalgamation of departments. When we are changing and reshaping departments, people tend to get involved. People who are of concern, obviously, are employees of the various departments. My question to the Premier is, what type of information and public relation strategy is this government using to inform and keep employees informed about the various stages of amalgamations and decentralizations of departments?

Further Return To Question 258-12(5): Status Of Guardianship Act
Question 258-12(5): Status Of Guardianship Act
Item 5: Oral Questions

Page 510

The Speaker

Mr. Koe, could I ask you to possibly rephrase your question? It seems somewhat repetitive of an earlier question that has already been posed in the House. The honourable Member for Inuvik, Mr. Koe.

Fred Koe Inuvik

The concern I'm raising is that staff in several departments have expressed to me that they're not getting complete information about what's going on in terms of changes within their departments, for example, employees in the Department of Public Works and Services. My question is, what public relations work has been done to keep employees informed about the changes that are occurring in the amalgamation of Public Works and, let's say, Housing?

The Speaker

Madam Premier.

Return To Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Item 5: Oral Questions

Page 510

Nellie Cournoyea Nunakput

Madam Speaker, I'll try to elaborate on a similar question. Whenever the information is available on the status of amalgamation and consolidation there are general information items put out in internal government publications which go to all civil servants in the Northwest Territories. Once a decision has finally been made and employees are affected, those particular employees are notified of the changes.

The Member is aware that prior to making changes due to consolidation and decentralization, we provided a fairly broad-based information program on the workforce adjustment program. Affected employees come under that program. They can look at their career paths, there is priority hiring, retraining for another career in the GNWT, education assistance and enhanced severance payments. So if employees are affected by these changes, it is well known through the publications that go out to civil servants that this program is available to them. Thank you.

Return To Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Supplementary, Mr. Koe.

Supplementary To Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Item 5: Oral Questions

Page 510

Fred Koe Inuvik

Thank you, Madam Speaker. Does part of this program also include meeting with unions, with the staff being present at these meetings?

Supplementary To Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Madam Premier.

Further Return To Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Item 5: Oral Questions

Page 510

Nellie Cournoyea Nunakput

Madam Speaker, when decentralization and some consolidation was anticipated, one of the things that was worked out with the union was the workforce adjustment program. The union was fully involved and informed in working out this special program for people who are affected by the changes. Thank you.

Further Return To Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Question 259-12(5): Methods Used To Inform Employees Of Amalgamations
Item 5: Oral Questions

Page 510

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Baffin South, Mr. Pudlat.

Kenoayoak Pudlat Baffin South

(Translation) Thank you, Madam Speaker. My question is for the Minister of Municipal and Community Affairs. It is with regard to the report, Strength at Two Levels. I understand that the villages and hamlets will have to have more power and more authority. I'm not trying to say that people in the communities are not able to perform work properly, but some employees have had difficulty performing the tasks that they are supposed to perform in their jobs. I wonder if the Minister of Municipal and Community Affairs has looked at this and the possibility of having more training in reshaping departments. Thank you, Madam Speaker.

The Speaker

Thank you. Minister of Municipal and Community Affairs, Mr. Arngna'naaq.

Return To Question 260-12(5): Training For Community Employees
Question 260-12(5): Training For Community Employees
Item 5: Oral Questions

Page 511

Silas Arngna'naaq Kivallivik

(Translation) I thank my colleague, Mr. Pudlat, for asking such a legitimate question. One of the communities has had a problem with regard to exactly the same concern that my colleague has. Our employees are working closely together with the University of Ontario that is working closely together with people who are familiar with organizing local governments or community governments so that the communities and the departments may be more informed. Thank you, Madam Speaker.

Return To Question 260-12(5): Training For Community Employees
Question 260-12(5): Training For Community Employees
Item 5: Oral Questions

Page 511

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Iqaluit, Mr. Patterson.

Dennis Patterson Iqaluit

Thank you, Madam Speaker. I believe the Minister of Health is aware that the Special Committee on Health and Social Services made comments about the need to improve dental specialist services and other specialist services in the Northwest Territories. I think he has also been working on proposals that have been offered to the department to bring dental specialists to the north, rather than sending patients to the south. I would like to ask the Minister of Health, Madam Speaker, has he made progress in reversing the situation and having the dental specialists come north? Thank you.

The Speaker

Thank you. Minister of Health, Mr. Pollard.

Return To Question 261-12(5): Success In Bringing Dental Specialists To The North
Question 261-12(5): Success In Bringing Dental Specialists To The North
Item 5: Oral Questions

Page 511

John Pollard Hay River

Madam Speaker, thank you. I was looking for an orthodontist who was a periodontist as well, and I have discovered that the two professions don't go into one person, Madam Speaker. That was what I was hoping for. Those are the two areas that we're looking at, at the present time. I've had discussions with the Dental Association of the Northwest Territories because they are providing services in

some of the communities by bringing people up to do this particular work, as opposed to the patients going south.

In other parts of the Northwest Territories, as we well know, people are being sent south, period. I've discussed it with the Department of Health, I've even talked with the Stanton Hospital board about it, and it would appear to me that inside of the next six weeks I'll be able to make a recommendation on how best to solve this problem.

My feeling is that the recommendation will be that we employ either part-time or by contract or full-time, the services of an orthodontist in the Northwest Territories. With the periodontic work, I think we're going to have to do that on a lesser basis because there's not as much call for that kind of speciality. Nevertheless, we do need to bring that kind of person north, as well.

I'm just gathering some more information, Madam Speaker, from across Canada. I'm finding out that orthodontists are in great demand everywhere. So we're going to have to be lucky to bring somebody up here to handle all of the work. But in the next six weeks, I'm hopeful that I'll have a decision. Thank you, Madam Speaker.

Return To Question 261-12(5): Success In Bringing Dental Specialists To The North
Question 261-12(5): Success In Bringing Dental Specialists To The North
Item 5: Oral Questions

Page 511

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Aivilik, Mr. Arvaluk.

James Arvaluk Aivilik

Thank you, Madam Speaker. My question is to the Minister of Public Works. The school extension in Coral Harbour has been slated for construction this summer. Has there been a contract awarded yet on this project?

The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 511

Don Morin Tu Nedhe

Thank you, Madam Speaker. No, there has been no contract awarded.

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Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 511

The Speaker

Thank you. Supplementary, Mr. Arvaluk.

Supplementary To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 511

James Arvaluk Aivilik

Since no tender has been issued yet, would the Minister consider that there may be a negotiated contract to benefit the local contractors in the community of Coral Harbour?

Supplementary To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 511

The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Further Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 511

Don Morin Tu Nedhe

Thank you, Madam Speaker. I would be pleased to discuss that with the Member. Thank you.

Further Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 511

The Speaker

Thank you. Supplementary, Mr. Arvaluk.

Supplementary To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

James Arvaluk Aivilik

Madam Speaker, I should maybe be a little clearer on this one. Has there been discussion respecting the possibility for a negotiated contract for this project?

Supplementary To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Further Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

Don Morin Tu Nedhe

Thank you, Madam Speaker. As the Member is aware, I wrote to all Members in this House about contracts and capital projects that are being carried out by the Department of Public Works in this construction season. I've written to him as well. I believe this contract was designated to go out as a public tender. Thank you.

Further Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

The Speaker

Thank you. Final supplementary, Mr. Arvaluk.

Supplementary To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

James Arvaluk Aivilik

Thank you, Madam Speaker. The community education council is getting rather anxious in hearing from the Minister as to what is happening to this school extension. Would the Minister tell us if this can be done within a reasonable time? Thank you.

Supplementary To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

The Speaker

Thank you. Minister of Public Works and Services, Mr. Morin.

Further Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

Don Morin Tu Nedhe

Thank you, Madam Speaker. I'll be in touch with the community by the end of next week. Thank you.

Further Return To Question 262-12(5): Contract For Coral Harbour School Extension
Question 262-12(5): Contract For Coral Harbour School Extension
Item 5: Oral Questions

Page 512

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Yellowknife North, Mr. Ballantyne.

Michael Ballantyne Yellowknife North

Thank you, Madam Speaker. My question is for the Minister of Education, Culture and Employment, Mr. Nerysoo, and it has to do with the learning centre. On February 25, in committee of the whole, the Minister gave a commitment, and I will quote from Hansard, "In the matter of the learning centre here in Yellowknife, I want to indicate to the honourable Member and all Members of Yellowknife, that I have instructed my staff and they are carrying out a meeting with both district boards to resolve the matter to come to a solution of how we deal with the learning centre and the delivery of programming for those students. A meeting will be held on that specific issue. We're trying to be proactive in trying to help bring about a resolution to that matter."

At that time, I thanked the Minister for that response. So I was somewhat surprised that a letter dated the same day to the Yellowknife MLAs said that, "You've already received a copy of my reply explaining why I'm not in a position to respond positively to the request for financial support." I can only assume that letter had already been drafted before the commitment was made in the House. I would like to ask the Minister, is he still prepared to honour his commitment that he made in committee of the whole?

The Speaker

Thank you. Minister of Education, Culture and Employment, Mr. Nerysoo.

Return To Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Item 5: Oral Questions

Page 512

Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. There are two issues that the honourable Member should be aware of so there is no confusion in the House. The honourable Member should realize that there was a request from the learning centre parents about a request for financial assistance direct to them. What is clear is that we are now, under our financial arrangements, providing on a per capita basis -- and that includes the students who are in the learning centre -- financial resources direct to the school boards for their education.

What really needs to be done is clearly a working relationship, or at least an arrangement where the learning centre is satisfied that their educational dollars are, in fact, being used properly and in the interests of their children. What we are trying to do is make sure that school boards take responsibility for delivering educational programming. As such, I will accept -- as I did here, in committee of the whole -- ongoing responsibility for trying to come to some conclusion and resolution to the differences of view that are being held by the parents of those students in the learning centre and the administration of the boards, particularly the differences of Yellowknife Education District No. 1 which seems to be less open to trying to resolve this. We will try to mediate and respond positively to the request that has been made by the honourable Member.

Return To Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Item 5: Oral Questions

Page 512

The Speaker

Thank you. Supplementary, Mr. Ballantyne.

Supplementary To Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Item 5: Oral Questions

Page 512

Michael Ballantyne Yellowknife North

Thank you, Madam Speaker. I thank the Minister for that commitment. There are, I think, two issues here, as the Minister said. One is the issue of the level of support for special needs going to the school boards, and that is something that the Minister has already committed to address. The second is the flexibility by both the Department of Education and the school boards to allow different approaches to special needs. A private school is one of those approaches.

I thank the Minister for his response, but I'll ask again, just to clarify for the public record. Will the Minister keep an open mind when he's looking at this whole area and perhaps consider some change of the policy to allow some flexibility to deal with specific needs of special needs students here in Yellowknife?

Supplementary To Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Item 5: Oral Questions

Page 513

The Speaker

Thank you. Minister of Education, Culture and Employment, Mr. Nerysoo.

Further Return To Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Item 5: Oral Questions

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Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. I believe that the policy includes the schooling that has been approved by Cabinet and by government, previously. The policy, in our view, is a good policy. We will try to consider the concern that the honourable Member has raised and try to be flexible in our approach. But, at the same time, my concern is that some of the education leadership is not even prepared to consider the policy as it is. Therefore, it makes it very difficult to operate. I think that having met with the parents of the students at the learning centre, I found some of them to be reasonable and their expectations are that we provide good educational programming. We will try to do our best to respond to that within the confines of the policies that are available to us.

Further Return To Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Question 263-12(5): Status Of Financial Support For Yellowknife Learning Centre
Item 5: Oral Questions

Page 513

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Deh Cho, Mr. Gargan.

Samuel Gargan Deh Cho

Thank you, Madam Speaker. I would like to direct my question to the Minister of Municipal and Community Affairs. Madam Speaker, I have a copy of a letter written by the previous Minister, Dennis Patterson, and I have a copy of a letter written by the other previous Minister, Mr. Allooloo, with regard to emergency communication equipment on the Hay River reserve.

Madam Speaker, spring is coming and there is the possibility that Hay River may flood. I haven't heard whether the department has provided the reserve with any kind of emergency communication equipment in order to communicate and coordinate an emergency response. I would like to ask the Minister whether the reserve now has emergency communication equipment in the event of a flood.

The Speaker

Minister of Municipal and Community Affairs, Mr. Arngna'naaq.

Return To Question 264-12(5): Emergency Equipment For Hay River Reserve
Question 264-12(5): Emergency Equipment For Hay River Reserve
Item 5: Oral Questions

Page 513

Silas Arngna'naaq Kivallivik

Thank you, Madam Speaker. I don't know whether the Hay River reserve has the equipment at the present time. But I would like to assure the Member at this time that if there isn't equipment necessary to be prepared for the upcoming spring for those areas in the Northwest Territories where flooding does take place and the department is aware, then I will direct the department to be sure that they are well equipped for any emergencies that may arise this coming spring. Thank you, Madam Speaker.

Return To Question 264-12(5): Emergency Equipment For Hay River Reserve
Question 264-12(5): Emergency Equipment For Hay River Reserve
Item 5: Oral Questions

Page 513

The Speaker

Thank you. Supplementary, Mr. Gargan.

Supplementary To Question 264-12(5): Emergency Equipment For Hay River Reserve
Question 264-12(5): Emergency Equipment For Hay River Reserve
Item 5: Oral Questions

Page 513

Samuel Gargan Deh Cho

Thank you, Madam Speaker. Madam Speaker, I have raised the issue of the emergency communication equipment since 1985. I would like to ask the Minister whether he is prepared to look at purchasing this equipment so I wouldn't have to raise the issue every time spring comes.

Supplementary To Question 264-12(5): Emergency Equipment For Hay River Reserve
Question 264-12(5): Emergency Equipment For Hay River Reserve
Item 5: Oral Questions

Page 513

The Speaker

Minister of Municipal and Community Affairs, Mr. Arngna'naaq.

Further Return To Question 264-12(5): Emergency Equipment For Hay River Reserve
Question 264-12(5): Emergency Equipment For Hay River Reserve
Item 5: Oral Questions

Page 513

Silas Arngna'naaq Kivallivik

Thank you, Madam Speaker. I understand that the equipment that is required is made available to the Hay River Reserve when it is needed. But, in answer to the request that the honourable Member is making, I will take a look at his request and give it serious consideration. Thank you, Madam Speaker.

Further Return To Question 264-12(5): Emergency Equipment For Hay River Reserve
Question 264-12(5): Emergency Equipment For Hay River Reserve
Item 5: Oral Questions

Page 513

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Aivilik, Mr. Arvaluk.

James Arvaluk Aivilik

Thank you, Madam Speaker. My question is to the Minister of Education. Mr. Minister assured me, when I asked about the discrepancy between the CEC's complaint of overcrowding of Victor Sammurtok School in Chesterfield Inlet and the Keewatin Divisional Board's report to him stating that there is no overcrowding, that he would look into the matter and report back. My question is, has he investigated the situation?

The Speaker

Thank you. Minister of Education, Culture and Employment Programs, Mr. Nerysoo.

Return To Question 265-12(5): Overcrowding Of Victor Sammurtok School
Question 265-12(5): Overcrowding Of Victor Sammurtok School
Item 5: Oral Questions

Page 513

Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. I did raise the question already with them and I have to apologize to the honourable Member but I haven't received a report back yet on that matter. But, I did raise it with the staff.

Return To Question 265-12(5): Overcrowding Of Victor Sammurtok School
Question 265-12(5): Overcrowding Of Victor Sammurtok School
Item 5: Oral Questions

Page 513

The Speaker

Thank you. Item 5, oral questions. The honourable Member for High Arctic, Mr. Pudluk.

Ludy Pudluk High Arctic

Thank you, Madam Speaker. On Tuesday, March 1, 1994, I made a statement on the difficulties with construction in the High Arctic with the access program. I think the Housing Corporation could be more sensitive in dealing with the people involved in the home ownership program and recognize the difficulties they have been through, especially in the wintertime. Could the Housing Corporation be more sensitive to people? Thank you.

The Speaker

Thank you. Minister responsible for the Housing Corporation, Mr. Morin.

Return To Question 266-12(5): Sensitivity To The Difficulties Of Constructing Access Units In Arctic
Question 266-12(5): Sensitivity To The Difficulties Of Constructing Access Units In Arctic
Item 5: Oral Questions

Page 514

Don Morin Tu Nedhe

Thank you, Madam Speaker. Project managers, project officers or inspectors who inspect these access units, their job is to assist the clients to get their access unit completed. They should be sensitive to clients' problems. They should try to assist clients to finish their units on time. That is their job. If employees of the Housing Corporation are not doing their job properly, then I'll address that. But also, we must remember that we cannot stretch out the building of these units to take years and years so that people are still using public housing and holding up other people from moving into that public housing. The job of the Housing Corporation is to assist clients. If I can get some specific cases from the Member, then I could address that issue. Thank you.

Return To Question 266-12(5): Sensitivity To The Difficulties Of Constructing Access Units In Arctic
Question 266-12(5): Sensitivity To The Difficulties Of Constructing Access Units In Arctic
Item 5: Oral Questions

Page 514

The Speaker

Thank you. Item 5, oral questions. The honourable Member for Aivilik, Mr. Arvaluk.

James Arvaluk Aivilik

Thank you, Madam Speaker. My question is to the Premier. My colleague from High Arctic raised this issue last week, stating that there is lack of supervision or reliability on the part of some of the government employees, especially in the small communities. What is the role of the government

liaison officer in the small communities to ensure that other departments, like the Public Works, Renewable Resources or Economic Development, are following government instructions, guidelines or terms of reference to serve the government and the community? What is the role of the GLO, as workers representing the Executive? Thank you.

The Speaker

Thank you. Madam Premier.

Return To Question 267-12(5): Role Of Liaison Officer In Small Communities
Question 267-12(5): Role Of Liaison Officer In Small Communities
Item 5: Oral Questions

Page 514

Nellie Cournoyea Nunakput

Madam Speaker, in the deliberation of the Department of the Executive, we indicated to the Members that over the years the government liaison officers have been assigned some job functions in the communities. What we saw in evaluating the various job functions is that in some communities, many of the GLOs were performing various functions which were quite dissimilar. Some of the liaison officers were filling in for social workers and also in other areas, like renewable resource functions. As a result, we're doing a functional review of regional liaison officers to see just exactly what role they should be taking. They don't have a supervisory function, they are to mainly work with the regional office concerning what's going on in the communities.

In the Baffin, they've made arrangements to have the GLOs perform certain job functions for Renewable Resources in Hall Beach, Broughton Island and Sanikiluaq. In Fort Smith, they've seen the field service officer position in Hay River transferred to Personnel. Because these functions are varying, we're reviewing them to see which ones we should retain and what the job descriptions should be. We are still doing a functional analysis of those particular positions.

In Tuktoyaktuk, there was a full-time liaison officer which now has been split because the work load just wasn't there yet. The review will soon be complete and we'll have a better indication on how we can make better working relations and more clearly defined job descriptions for those positions that are left, whether they're half-time or full-time.

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The Speaker

Thank you. Supplementary, Mr. Arvaluk.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
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James Arvaluk Aivilik

Thank you, Madam Speaker. I have a lot of questions. Is the government planning to give better terms of reference, not necessarily of a supervisory capacity but of a coordinating role to ensure that the government's budget expectations or terms of reference of other department employees are fully expedited?

Supplementary To Question 267-12(5): Role Of Liaison Officer In Small Communities
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The Speaker

Thank you. Madam Premier.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
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Nellie Cournoyea Nunakput

Madam Speaker, these generic job descriptions that I'm speaking of have been developed for government liaison officers. What we've tried to do is design their job descriptions to fill the needs of the common duties of the GLOs. We are looking at the demands and priorities in each community and region to fit into the job descriptions. I know that because of the evolving responsibilities of community councils, other work that has been taken on to fit requirements of the community, that a lot of the terms of employment were redundant or not really up to date. So, we are trying to tailor the job description to what the priorities are at the community level.

Certainly, I think the question is, that once they are put in place and people fully understand what their job is, would we making sure that we're monitoring so the person really is doing the job? Madam Speaker, that is part of the process of reviewing what people are doing in the outer fields of the Northwest Territories. We will actively implement the follow-up process. Thank you.

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The Speaker

Thank you. Supplementary, Mr. Arvaluk.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
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James Arvaluk Aivilik

My last supplementary, Madam Speaker. Before that is done, what can the GLO do if personnel of various departments who have no supervision are not carrying out their functions as government employees?

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The Speaker

Thank you. Madam Premier.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
Item 5: Oral Questions

Page 515

Nellie Cournoyea Nunakput

Madam Speaker, at this time, the government liaison officers do not have a supervisory role over other job functions in the community, such as the social worker or Department of Renewable Resources' worker. They do not have a coordinating role or supervisory function. If the worker is gone, from time to time they are asked to assist because a number of our GLOs are ex-social service workers. From time to time they are asked to help out, but they don't have a management function or supervisory responsibilities. They merely report in and do the best they can. That is one of the reasons many of the full-time positions have been made to half time positions. Thank you.

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The Speaker

Thank you. Final supplementary, Mr. Arvaluk.

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James Arvaluk Aivilik

Thank you, Madam Speaker. I appreciate that. I should rephrase my question. What can the community do then, if a civil servant in some capacity is not fully carrying out their function?

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The Speaker

Thank you. Madam Premier.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
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Nellie Cournoyea Nunakput

I would like a clarification on the question, Madam Speaker. I'm not sure whether the Member is asking me what would a community resident do if they felt that the government liaison officer was not performing a function, or was he referring to all other government personnel in the community? Thank you.

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The Speaker

Thank you. Mr. Arvaluk, can I request that you repeat your question, please.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
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James Arvaluk Aivilik

Thank you, Madam Speaker. I will try to make it very clear here. If, for example, a social service worker does not arrive in the office when she/he is supposed to or when a work order from the regional office of the Department of Public Works arrives in a community and isn't carried out for a couple of years, a certain amount of frustration builds up in a community. The hamlet has a foreman and if a hamlet employee is told he is not performing...

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The Speaker

Mr. Arvaluk, I would just like to remind you to keep your preamble short. The Premier asked you to clarify your existing question, but to bring forth another question with regard to the amount of preamble you're giving I would respectfully request that you put forth your final supplementary that you initially posed to the Premier. Thank you.

Supplementary To Question 267-12(5): Role Of Liaison Officer In Small Communities
Question 267-12(5): Role Of Liaison Officer In Small Communities
Item 5: Oral Questions

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James Arvaluk Aivilik

Thank you, Madam Speaker. There is a certain amount of complaint in the community that some of the government employees are not fulfilling their functions or responsibilities as much as the non-government employees are at the moment. Ms. Premier stated to me that the GLOs have no real direct function or supervisory capacity or reporting to the Executive when some departments are not fulfilling their functions and the community gets frustrated. I want to know what is the community's avenue to report or make complaints that can be believed by the Executive or other departments?

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Question 267-12(5): Role Of Liaison Officer In Small Communities
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The Speaker

Thank you. Madam Premier.

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Question 267-12(5): Role Of Liaison Officer In Small Communities
Item 5: Oral Questions

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Nellie Cournoyea Nunakput

Madam Speaker, if it's a departmental issue, an ordinary resident of a community could and should raise their concern with the supervisor or the superintendent of Social Services, Department of Public Works, or whichever department at the regional level. I notice from time to time because of languages, sometimes an individual citizen will get concerned and will ask the government liaison officer to help them reach the right person, or to help them make a report. The actual point of complaint should be with the regional superintendent. Thank you.

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The Speaker

Thank you. Item 5, oral questions. The honourable Member for Yellowknife Centre, Mr. Lewis.

Brian Lewis Yellowknife Centre

Thank you very much, Madam Speaker. My question is to the Minister of Education. Yellowknife has had a history of local control of education that goes back more than 50 years, Madam Speaker, including responsibility for both public and separate education. Within the next week or so, there will be a board elected in Yellowknife whereby Francophone parents will have control over the Ecole Allain St. Cyr, and they will then, presumably, have legal responsibility for those children. I would like to ask the Minister, since this kind of power is constitutionally guaranteed, is it also a legal body under the current Education Act that this board is being formed?

The Speaker

Thank you. Minister of Education, Culture and Employment, Mr. Nerysoo.

Return To Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
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Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. Presently, the structure that is proposed is based on an agreement that was reached between the department and the French first language school, Ecole Allain St. Cyr. As a result of that, we included it as part of our agreement with the federal government and will be financing it through the French language agreement. It is our intention to review the whole matter of French first language authority in our Education Act, as part of the particular review. As such, we will consider the appropriate legislative authority and powers in that particular legislation because presently it's non-existent in our legislation.

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The Speaker

Thank you. Supplementary, Mr. Lewis.

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Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
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Brian Lewis Yellowknife Centre

Would this board that is being formed over the next week or so, be just an advisory board and, if so, who does it advise?

Supplementary To Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
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The Speaker

Thank you. Minister of Education, Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. The situation right now is that it is a cross between an advisory board and a board of authority with regard to the school they are managing. It's our view that they will be managing the school, but also advising and reporting to the Minister of Education. However, the honourable Member, I think in his own experience, will note that the present legislation, the Education Act, which should be the legislation that governs this whole area, does not include a section that deals with French first language educational institutions. As such, we need the legislative authority to give the levels of powers that can be transferred as we do with the CECs, the divisional boards of education and the district boards. There are different authorities and it needs to be established in legislation.

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Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
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The Speaker

Thank you. Supplementary, Mr. Lewis.

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Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
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Brian Lewis Yellowknife Centre

Since this board will be more than an advisory board, obviously, and will be responsible and accountable to some extent, I would like to ask the Minister since it has no reality under the Education Act, what gives it legal authority in order to perform the functions that it will be perform?

Supplementary To Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
Item 5: Oral Questions

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The Speaker

Thank you. Minister of Education, Mr. Nerysoo.

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Question 268-12(5): Legal Authority Of Francophone Board Under Education Act
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Richard Nerysoo Mackenzie Delta

Presently, the manner in which the authority is being established is through an agreement with the Minister of Education to allow them to apply the authority under the Education Act, which we have already done. The other point is that there's a need for us to deal with the whole matter of section 23 in our Education Act in which it deals with the rights of French language education, which is being considered under the review of the new Education Act.

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The Speaker

Thank you. Item 5, oral questions. The honourable Member for Iqaluit, Mr. Patterson.

Dennis Patterson Iqaluit

Thank you very much, Madam Speaker. To the Minister of Economic Development and Tourism about the NWT Development Corporation. I would like to ask the Minister, does the mandate of the Development Corporation permit that corporation to actively compete with and undermine the private sector working in the same field? Thank you.

The Speaker

Minister responsible for the Development Corporation, Mr. Todd.

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Question 269-12(5): Mandate Of NWT Development Corporation
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John Todd Keewatin Central

The current rules and regulations allow it to compete with the private sector. I don't know whether I would want to use the term "undermine." However, I have asked the chairman of the board of the NWT Development Corporation to address this concern that was raised earlier in the year with respect to competition in the marketplace. I believe the question was earlier raised because of the Arctic Winter Games uniforms. They are trying to address that. It's not an easy one, but we are trying to address that at this time.

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Question 269-12(5): Mandate Of NWT Development Corporation
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The Speaker

Thank you. Supplementary, Mr. Patterson.

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Question 269-12(5): Mandate Of NWT Development Corporation
Item 5: Oral Questions

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Dennis Patterson Iqaluit

Thank you, Madam Speaker. I would like to ask the Minister, Madam Speaker, if the Minister can be presented with evidence that the Development Corporation is using its weight and the massive power of government financing behind it, not only to compete but to undermine a private company in a community by practices like dumping. Does the Minister have the authority over the Development Corporation? Does he have any ability to make directions or take steps to remedy such unfair practices? Thank you.

Supplementary To Question 269-12(5): Mandate Of Nwt Development Corporation
Question 269-12(5): Mandate Of NWT Development Corporation
Item 5: Oral Questions

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The Speaker

Thank you. I recognize our time has lapsed for question period, but Mr. Patterson did pose his initial question prior to the time lapsing. I think, in fairness to the Member, they should be allowed their allotted time for their supplementaries, even though time has lapsed. Therefore, I have allowed Mr. Patterson to continue. Minister responsible for the Development Corporation, Mr. Todd.

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Question 269-12(5): Mandate Of NWT Development Corporation
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John Todd Keewatin Central

Thank you, Madam Speaker. I think it's important for perspective. I'm told that between the fishermen and the fish plant in Pangnirtung, we employ close to 100 people there. That was the original intent of the Development Corporation, that we would provide it with some subsidies initially, to employ our people. However, with that in mind, if there is a specific instance where it appears dumping dead fish into Iqaluit in competition with some minor players in that area, who I understand have other business interests, I would be only too happy to address them.

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Question 269-12(5): Mandate Of NWT Development Corporation
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The Speaker

Time frame for oral questions has lapsed. Item 6, written questions. Item 7, returns to written questions. Mr. Clerk.

Clerk Of The House Mr. David Hamilton

Madam Speaker, Return to Written Question 4-12(5), asked by Mr. Gargan to the chairman of the Financial Management Board concerning commuting allowances for government employees.

Mr. Gargan asked if the government provides a commuting allowance for employees who must travel from their homes in Apex or Hay River to their workplaces in Iqaluit or Enterprise, respectively. The government does not provide a commuting allowance in that situation. Generally, employees choose where they wish to live and it is their responsibility to get to their workplace. The government does not compensate for this. However, in specific circumstances, a commuting allowance is paid. It is provided to employees in the Union of Northern Workers bargaining unit who are required to travel to a work site that is over eight kilometres from a settlement. In these circumstances, employees are paid duty travel kilometre rates. An example of this would be where an employee who lives in Fort Smith has to travel to a camp ten kilometres down the highway from Fort Smith.

Clerk Of The House Mr. David Hamilton

Return to Written Question 14-12(5), asked by Mr. Dent to the Minister of Health, concerning the rates for hospitalization outside of Canada.

The current daily rate, paid by the Government of the Northwest Territories for an out of Canada insured hospital day is $2,196. This rate was last changed in 1992. This rate is calculated by averaging the daily rate for all Northwest Territories' hospitals. The Department of Health is currently collecting data which will be used to evaluate the established out of Canada daily rate.

As stated in the Canada Health Act, 6 II (1) "In order to satisfy the criterion respecting portability, the health care insurance plan of a province (b) must provide for and be administered and operated so as to provide for the payment of amounts for the cost of insured health services provided to insured persons while temporarily absent from the province on the basis that (ii) where the health insured services are provided out of Canada, payment is made on the basis of the amount that would have been paid by the province for similar services rendered in the province, with due regard, in the case of hospital services, to the size of the hospital, standards of service and other relevant factors."

The Northwest Territories Medical Care Act, medical care regulations section 4 states:

"(1)Subject to subsection (2) and (3) the benefits payable in respect of insured services that are rendered outside of Canada shall not exceed the benefits listed in the Schedule for services rendered within the Territories.

"(2)Under subsection 4 (3) of the Act, the Director may pay benefits in respect of insured services rendered outside of Canada

(a) where

(i)insured and required medical treatment is not available within Canada, and

(ii)the patient has been referred to a medical practitioner outside of Canada with the prior approval from the Director; or

(b)where in the opinion of the Director, circumstances exist which warrant medical treatment outside of Canada.

"(3)The benefits payable under subsection (2) may exceed the benefits prescribed in these regulations for insured services rendered within the Territories but shall not exceed the amount billed for the insured services rendered."

The Speaker

Thank you. Item 8, replies to opening address. Item 9, petitions. Item 10, reports of standing and special committees. Item 11, reports of committees on the review of bills. Item 12, tabling of documents. Item 13, notices of motion. Item 14, notices of motions for first reading of bills. The House will recess for 15 minutes.

---SHORT BREAK

The Speaker

I'll call the House back to order. Item 15, motions. The honourable Member for Inuvik, Mr. Koe.

Fred Koe Inuvik

Mahsi, Madam Speaker.

I MOVE, seconded by the honourable Member for Hay River, that when this House adjourns on Friday, March 4, 1994, it shall be adjourned until Monday, March 14, 1994;

AND FURTHER, that any time prior to March 14, 1994 if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time.

The Speaker

Thank you. The motion is in order. To the motion.

An Hon. Member

Question.

The Speaker

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Item 15, motions. Mr. Lewis.

Brian Lewis Yellowknife Centre

Thank you, Madam Speaker.

WHEREAS, Motion 14-12(5) established the Special Joint Committee on Division;

AND WHEREAS, it is important that Members be named to the Special Joint Committee on Division;

AND WHEREAS, the terms of reference have been approved by the Legislative Assembly; AND WHEREAS, the terms of reference should be amended to address the number of alternates that can be appointed to the Special Joint Committee on Division;

NOW THEREFORE I MOVE, seconded by the honourable Member for Yellowknife South, that the terms of reference of the special joint committee be amended to allow for ten (10) alternate Members, comprised of four (4) ordinary Members and six (6) Ministers;

AND FURTHER THAT, notwithstanding rule 88(2), that the following Members be appointed to the Special Joint Committee on Division:

as permanent members: Mr. Allooloo, the Member for Amittuq; Mr. Patterson, the Member for Iqaluit; Mr. Ng, the Member for Kitikmeot; Mr. Antoine, the Member for Nahendeh; Mr. Ballantyne, the Member for Yellowknife North; Mr. Koe, the Member for Inuvik; the Honourable John Pollard, the Member for Hay River; and, the Honourable John Todd, the Member for Keewatin Central.

Mr. Arvaluk, the Member for Aivilik; Mr. Pudluk, the Member for High Arctic; Mr. Gargan, the Member for Deh Cho; Mr. Zoe, the Member for North Slave; the Honourable Silas Arngna'naaq, the Member for Kivallivik; the Honourable Nellie Cournoyea, the Member for Nunakput; the Honourable Stephen Kakfwi, the Member for Sahtu; the Honourable Rebecca Mike, the Member for Baffin Central; the Honourable Don Morin, the Member for Tu Nedhe; and, the Honourable Richard Nerysoo, the Member for Mackenzie Delta.

The Speaker

Thank you, Mr. Lewis. There was one section you didn't record into the record. You indicated the permanent Members, however, you didn't state, "And, as alternate Members." If you would like to correct the record, please.

Brian Lewis Yellowknife Centre

Thank you, Madam Speaker. Before Mr. Arvaluk, I meant to say, "and as alternate Members," and the list continued from there. Thank you, very much.

The Speaker

Thank you. I recognize that the seconder for your motion is not in the House. I would like to ask if you could ask for another seconder. Seconded by the honourable Member for Yellowknife South. The motion is in order. To the motion.

An Hon. Member

Question.

The Speaker

Question has been called. The honourable Member for Deh Cho, Mr. Gargan.

Samuel Gargan Deh Cho

Thank you, Madam Speaker. Madam Speaker, I support the motion, but I would like to make one small amendment. That is, to delete the third line of alternate Members.

The Speaker

Thank you, Mr. Gargan. The chair does not have a copy of the amendment and requires a copy and translation. If I may ask you to provide that to this House. The House will recess for two minutes until we get an amendment. The honourable Member for Deh Cho, Mr. Gargan.

Samuel Gargan Deh Cho

Madam Speaker, I'll withdraw the amendment.

The Speaker

Thank you. The amendment is withdrawn. The initial motion is in order. To the motion.

An Hon. Member

Question.

The Speaker

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Item 15, motions. The honourable Member for Deh Cho, Mr. Gargan.

Samuel Gargan Deh Cho

Thank you, Madam Speaker.

WHEREAS, northern cultures of the Dene, Metis and Inuit are based on hunting, trapping and fishing;

AND WHEREAS, these activities are healthy occupations, mentally, physically and spiritually;

AND WHEREAS, these activities also contribute to the economy of the Northwest Territories;

AND WHEREAS, wild fur sold to Europe after 1994 must meet the requirements of the new European community regulation 3254/91 which are that countries must band the leg hold trap or use trapping methods that meet international humane trapping standards;

AND WHEREAS, countries may apply for a one year suspension of the regulation if they can demonstrate sufficient progress in meeting the requirements of the regulation;

AND WHEREAS, this Legislative Assembly supports humane trapping methods and northern trappers have made significant progress in meeting this regulation;

NOW THEREFORE I MOVE, seconded by the honourable Member for High Arctic, that this Legislative Assembly requests the Government of Canada to take immediate actions to prevent an embargo of Canadian wild fur in Europe in 1994;

AND FURTHER, that the Minister of Renewable Resources request the federal Minister of the Environment to place this issue on the agenda of the G7 Environment Ministers meeting to be held in Italy in March 1994;

AND FURTHERMORE, that the Minister of Renewable Resources also request the federal Minister of the Environment to meet with European Environment Ministers on the European fur import regulation;

AND FURTHERMORE, that a delegation comprised of the Minister of Renewable Resources, representative Members of the Legislative Assembly and the Members of the Parliament for Nunatsiaq and the Western Arctic accompany the federal Minister of the Environment; AND FURTHERMORE, that this motion be conveyed to the Prime Minister of Canada, all Members of the Canadian Parliament, all Members of the European Parliament and the Ministers of the Environment for the European Union.

The Speaker

Thank you. The motion is in order. To the motion. Member for Deh Cho, Mr. Gargan.

Samuel Gargan Deh Cho

Thank you, Madam Speaker. Madam Speaker, I think everyone in this room agrees with the intent of this motion. In fact, Madam Speaker, this government has made a concentrated effort compared to some of the other jurisdictions in Canada to deal with the complaints of the anti-fur trapping lobby.

Over the past four years, we have spent, as a government, over $900,000 buying 70,000 quick kill traps to trade with trappers for their less humane, old-style leghold traps.

In addition, Madam Speaker, this government has spent approximately $1 million providing education to the trappers on the trapper use of the quick kill trap. Madam Speaker, I do not think that anyone from the European Parliament can deny that we have done more than just a token effort to address these problems.

There may still be some leghold traps in use in the Northwest Territories, but it must be remembered on both sides that traps are hard to get a hold of due to the increased demand brought on by the fur industry's positive response to the European Parliament demands.

As soon as the Department of Renewable Resources has enough quick kill traps to replace all the leghold traps, it will be done. Madam Speaker, I urge the Members to support this motion. Let us send a strong message that we, as a government, are doing everything possible to address the problems associated with the fur industry and do not deserve to have an embargo placed upon fur exports. Mahsi Cho.

---Applause

The Speaker

To the motion.

An Hon. Member

Question.

The Speaker

Question has been called.

An Hon. Member

Recorded vote.

The Speaker

All those in favour? All those opposed? Motion is carried.

---Carried

---Applause

May I remind the House that, when you ask for a recorded vote, you ask for it immediately after question has been called and not after the chair asking for the motion. Thank you.

Item 15, motions. Item 16, first reading of bills. Item 17, second reading of bills. Item 18, consideration in committee of the whole of bills and other matters: Bill 1, Appropriation Act, No. 2, 1994-95; Bill 3, An Act to Amend the Cities, Towns and Villages Act; Bill 4, An Act to Amend the Hamlets Act; Committee Report 2-12(5), Review of the 1994-95 Main Estimates; Minister's Statement 5-12(5), Session Business; Tabled Document 1-12(5), Towards an NWT Mineral Strategy; Tabled Document 2-12(5), Building and Learning Strategy; and, Tabled Document 11-12(5), First Annual Report of the Languages Commissioner of the NWT for the Year 1992-93, with Mr. Whitford in the chair.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 519

The Chair

The Chair Tony Whitford

The committee will now come to order. What is the wish of the committee? Mr. Dent.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 519

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. Could I recommend that the committee consider Bill 3 and Bill 4, and then move on to Bill 1 and Committee Report 2-12(5). If we get that far, I recommend that we consider the NWT Housing Corporation budget.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 519

The Chair

The Chair Tony Whitford

Thank you, Mr. Dent. Does the committee agree that we deal with Bill 3 and Bill 4, and then move on to Bill 1 and Committee Report 2-12(5) and NWT Housing Corporation if there is still time?

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 519

Some Hon. Members

Agreed.

---Agreed

Bill 3: An Act To Amend The Cities, Towns And Villages Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 519

The Chair

The Chair Tony Whitford

Bill 3 is in your green books under tab three. Bill 3, An Act to Amend the Cities, Towns and Villages Act. Is the Minister responsible prepared to introduce the bill to the House? Mr. Arngna'naaq.

Bill 3: An Act To Amend The Cities, Towns And Villages Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 519

Silas Arngna'naaq Kivallivik

Yes, Mr. Chairman.

Bill 3: An Act To Amend The Cities, Towns And Villages Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Your opening comments, Mr. Arngna'naaq.

Introductory Remarks

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I am pleased to address your committee again today, this time with respect to Bill 3, An Act to Amend the Cities, Towns and Villages Act. As was mentioned two days ago, with respect to Bill 2, these bills have been in process for quite a while and they have had a very thorough review by the Standing Committee on Legislation.

At this time, I want to publicly thank all of the Members of the Standing Committee on Legislation for their assistance in bringing these bills to the stage where they can now be reviewed by the committee of the whole. I especially want to thank the chairman of the Standing Committee on Legislation, Mr. Gargan, for facilitating the extensive review of the bills, including public meetings in several communities.

I also want to thank the Member for Nahendeh, Mr. Antoine, for his keen interest and comments on this issue. All of this additional time spent in explaining and discussing the bills with the public has been very valuable, and this has allowed for a consensus to be reached between Cabinet and the Standing Committee on Legislation on an amendment to Bills 3 and 4.

Mr. Chairman, Bill 3, An Act to Amend the Cities, Town and Villages Act, proposes to amend legislation for these types of municipal government, and this will help to facilitate the implementation of the Nunavut land claim. As well, in all those areas of the NWT where land claims have been settled, the bill will help to advance the government's priority of community self-government and prepare municipal governments for the eventual administration of municipal lands.

As I mentioned with respect to Bill 2, which is a piece of companion legislation to Bills 3 and 4, the Government of Canada and the Government of the Northwest Territories presently administer the great bulk of community lands in the communities of the Northwest Territories. Devolution of this land administration program to community governments is not possible until aboriginal rights to community lands are first resolved, through the land claims process.

Now that some land claims in the NWT have been finalized, municipal legislation must be amended to facilitate the turnover of municipal lands in those communities where land claims are settled. Under the Nunavut final agreement, virtually all lands within the municipal boundaries of those 25 communities become municipal lands, and ownership of the vast majority of the built-up areas of these communities will be transferred to these municipalities. We also anticipate that, with the implementation of the Gwich'in claim and the finalization of the Sahtu claim, community governments there may want to assume ownership of community lands and land management responsibilities.

The GNWT is now developing land administration training materials for municipal administrations. As well, federal land claims implementation funding will be made available for salary costs for municipal land administrators in Nunavut municipalities. Municipal lands are a valuable resource which must be managed well for present and future community residents.

It is in preparation for these changes that we are proposing amendments to the Cities, Towns and Villages Act to provide that, in those communities where municipal lands will be created, municipal corporations planning to dispose -- that is, sell or lease -- municipal lands to the public shall each adopt a land administration by-law. The land administration by-law for each municipal corporation would set out, for the information and benefit of the public, the procedures the council will use when it sells or leases land. The Government of the Northwest Territories, as represented by the Minister of Municipal and Community Affairs, will be interested in seeing that the municipal land administration by-laws have open and fair policies and procedures concerning land sales or leases to members of the public, especially persons wishing to become home owners or small northern businesses wishing to acquire land to start up or expand.

Under the proposed amendments, the Minister would have the authority to review the land administration by-laws, prior to third reading by council, to ensure in consultation with the municipal

council, that these interests are addressed in this master by-law.

The Minister's authority to exercise approval of by-laws before third reading already exists for community plans and zoning by-laws, which are related to land use. As in the case of these by-laws, the department will be prepared to assist municipal governments in drafting model land administration by-laws.

Mr. Chairman, the amendments include clearer authority for municipal corporations to acquire, hold and dispose of real and personal property. Definitions of personal property and real property have been added in to make it clear that municipalities can acquire, hold or dispose of interests in real or personal property as well as the property itself.

The proposed amendments would also make it easier for a municipal corporation to carry on a business which provides a service that is not expressly allowed by municipal legislation. The Minister would need to consider the business to be in the public interest. An example of this would be running the canteen in an arena. Under the current legislation, the proposed business has to be for a municipal purpose defined in the acts and to be deemed by the Minister to be in the public interest.

In closing, Mr. Chairman, I want to assure you that this bill will not prejudice aboriginal rights or any outstanding aboriginal claims negotiations. The legislation only applies to municipal lands, that is lands owned by a municipal corporation. It does not apply to band lands or any other aboriginal lands, nor does it apply to any private lands, Commissioner's lands or Crown lands.

The legislation also has nothing to do with how land becomes municipal land, aboriginal land or other types of land. In those communities where land claims are not yet settled, the GNWT land lease-only policy continues to remain in effect. As well, aboriginal rights are protected under the Constitution Act (1982), which is superior to any act of the Northwest Territories.

Mr. Chairman, I will now be prepared to answer any detailed questions that you or Members may have on the proposed bill. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Minister Arngna'naaq. I will now call upon the chairman of the standing committee which has reviewed the bill, for its report. Mr. Gargan.

Standing Committee On Legislation Comments

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Samuel Gargan Deh Cho

Thank you, Mr. Chairman. The standing committee and this bill have a long history. The committee first had the opportunity to review this bill as a tabled bill in May of 1993, and then as a bill in November of the same year.

The committee would like to thank the Minister and his officials from the Department of Municipal and Community Affairs for presenting this bill during the public hearing, as well as for responding to the questions of the Members and the public.

The committee would also like to thank all the members of the public who made a presentation to this committee in response to this bill. The committee found the responses to be thought-provoking and informative.

The information and concerns expressed during the presentations were taken into consideration during our deliberation. The bill, as amended in the standing committee, amends the Cities, Towns and Villages Act to clarify that municipal corporations have the power to lease and subdivide land, and to set out a land administration sham for the disposal of land by municipalities.

Before being entitled to sell or lease their land to others, municipalities will be required to pass a land administration by-law to provide guidelines for the disposition of land. This by-law must be given public notice and must receive the approval of the Minister.

The bill also specifies when municipalities may dispose of personal property, and clarifies that they may lease the personal property. As well, municipalities will be allowed to carry out a business to provide a service that is not necessarily connected to the traditional municipal purposes, if the Minister agrees that it is in the public interest.

The standing committee held public hearings in Fort Providence, Fort Simpson and Yellowknife on this bill. During these hearings, the committee heard concerns that this bill may seem to provide additional authority to municipal corporations. It was stated during these hearings that this bill may, by further entrenchment of municipal authority, hinder future land claims and self-government negotiations.

In consideration of the concerns expressed, the committee, in cooperation with the Department of Municipal and Community Affairs, submitted motions to amend the bill. After considerable debate, the committee, with the concurrence of the Minister, voted in support of the motions drafted by the department.

The motion proposes the exemption of these municipal areas in the western Arctic that have expressed concern during the public hearings. The Deh Cho region had voiced strong opposition to the bill. Therefore, the department, through the motion to amend in the committee, exempted the village of Fort Simpson from the provision of this bill. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Is the Minister prepared to bring witnesses in to assist him with the bill as we proceed?

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Silas Arngna'naaq Kivallivik

Yes, with the indulgence of the committee, I would.

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The Chair

The Chair Tony Whitford

Does the committee agree that witnesses be brought forward?

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Mr. Minister. Mr. Sergeant-at-Arms. Mr. Minister, will you introduce your witnesses to the committee, please.

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. To my right is Mr. Richard Ashton who is the director of research and special projects for the Department of MACA. To my left is Mr. Shawn Flynn, legislative counsel for the legislative division of the Department of Justice.

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The Chair

The Chair Tony Whitford

Thank you. Welcome, gentlemen. General comments on the bill. General comments on Bill 3. Mr. Gargan.

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Samuel Gargan Deh Cho

Clause by clause.

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The Chair

The Chair Tony Whitford

No general comments. Does the committee agree that we proceed clause by clause?

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause

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The Chair

The Chair Tony Whitford

Clause 1.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Clause 2.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Clause 3.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Clause 3.1.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Clause 4.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Clause 5.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Bill as a whole.

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Does the committee agree that Bill 3 is ready for third reading?

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Bill 3 is now ready for third reading. Does the committee agree that we proceed with Bill 4, An Act to Amend the Hamlets Act?

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

Does the committee agree that the Minister remain at the witness table with these witnesses, as the witnesses and the same Minister will be necessary for this bill?

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Some Hon. Members

Agreed.

---Agreed

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The Chair

The Chair Tony Whitford

The Minister responsible for the bill, Mr. Arngna'naaq, would you care to introduce the bill?

Introductory Remarks

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman, again, for the opportunity to address the committee of the whole, this time with respect to Bill 4, An Act to Amend the Hamlets. As I mentioned earlier, with respect to Bill 3, these bills have had a very thorough review by the Standing Committee on Legislation.

All of the considerable time spent in explaining and discussing the bills with the public was very valuable and it allows for a consensus to be reached between Cabinet and the Standing Committee on Legislation concerning an amendment to Bills 3 and 4.

Mr. Chairman, Bill 4, An Act to Amend the Hamlets Act, is virtually identical to Bill 3 that we have just been discussing. The bill is proposed to amend legislation for Hamlets and this will help to facilitate the implementation of the Nunavut land claim. As well, in all those areas of the NWT where land claims have been settled, the bill will help to advance the government's priority of community self-government and prepare municipal governments for the eventual administration of municipal lands.

Devolution of the community land administration program to community governments is not possible until aboriginal rights to community lands are first resolved, through the land claims process. Now that some land claims in the NWT have been finalized, municipal legislation must be amended to facilitate the turnover of municipal lands in those communities where land claims are settled. Municipal lands are a valuable resource which must be managed well for present and future community residents.

It is in preparation for these changes that we are proposing amendments to the Hamlets Act to provide that, in those communities where municipal lands will be created, municipal corporations shall each adopt a land administration by-law to set out, for the information and benefit of the public, the procedures the council will use when it sells or leases land. The Minister would have the authority to review the master land administration by-law, prior to third reading by council, to ensure in consultation with the municipal council, that open and fair policies and procedures are proposed.

Mr. Chairman, again I want to assure you that this bill will not prejudice aboriginal rights or any outstanding aboriginal claims negotiations. The legislation only applies to municipal lands, that is lands owned by a municipal corporation. It has nothing to do with how land becomes municipal land, aboriginal land or other types of land. In those communities where land claims are not yet settled, the GNWT land lease-only policy continues to remain in effect.

Mr. Chairman, I will now be prepared to answer any detailed questions that you or Members may have on the proposed bill. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arngna'naaq, for the introduction to the bill. Now, I will call upon the chairman of the Standing Committee on Legislation, who reviewed the bill, to make comments on the bill. Mr. Gargan.

Standing Committee On Legislation Comments

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Samuel Gargan Deh Cho

Thank you, Mr. Chairman. The standing committee has had the opportunity to review this bill on three separate occasions. First, when it was tabled in May of 1993, and again in November of the same year. The committee would like to thank the Minister and his officials from the Department of Municipal and Community Affairs for presenting this bill during the public hearing, as well as for responding to the questions of the Members and the public. The committee would also like to thank all the members of the public who made a presentation to this committee in response to this bill.

The committee found the responses to be thought-provoking and informative. Information provided during the presentation was taken into consideration during our deliberation. Bill 4, as amended in the standing committee, amends the Hamlet Act to clarify that hamlets have the power to lease and subdivide lands and to set out a land administration sham for the disposal of land by municipalities. Before being entitled to sell or lease their lands to others, hamlets will be required to pass a land administration by-law to provide guidelines for the disposition of land. This by-law must be given public notice and must receive the approval of the Minister.

This bill also specifies when a hamlet may dispose of personal property and clarifies that it may lease personal property. As well, hamlets would be allowed to carry out a business to provide a service that is not necessarily connected to the traditional municipal purpose, if the Minister agrees that it is in the public interest.

The standing committee held public hearings in Fort Providence, Fort Simpson and Yellowknife, on this bill. In Fort Providence, we invited people from Fort Providence, the Hay River Reserve and Kakisa. An invitation was also sent, at the committee's expense, for people from Fort Liard and Wrigley to come to Fort Simpson. During these hearings, the committee heard concerns that this bill may seem to provide additional authority to municipal corporations. It was stated, during this hearing, that this bill may, by further infringement of municipal authority, hinder further land claims and self-government negotiations.

In consideration of these concerns, the committee, in cooperation with the Department of Municipal and Community Affairs, submitted motions to amend the bill. After considerable debate, the committee, with the concurrence of the Minister, voted to support the motions drafted by the department. The motion proposed the exemption of these municipal areas in the western Arctic that expressed concern connected with the bill. Strong opposition to the bill was voiced in areas where land claims have yet to be settled.

Therefore, the department, through a motion to amend in the committee, exempted the Hamlets of Fort Liard, Fort Providence, Rae-Edzo and Lac La Martre from the provision of this bill. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Member for Deh Cho. The Minister has his witnesses at the table already. Therefore, we can proceed to general comments on the bill by Members. General comments. Mr. Zoe.

General Comments

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Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. I didn't have a problem with the bill itself that was being proposed. It has been amended through the Legislation committee and it has been reprinted for communities who are exempt from the new amendment. My understanding is that the current legislation we have in place already provides for how to dispose of real property. They clarified it more so that the municipalities, particularly where people have already settled their land claims, could do all the selling, acquiring and subdividing of lands. The process has been redefined and that is what these amendments do.

My question is, Mr. Chairman, although we excluded these four communities, I just wonder if it's going to hinder them from the existing law. What I'm trying to say is that we have a process under our current legislation, prior to these amendments. The provision is there already. These amendments, to my understanding, are to clarify those definitions and to improve the current legislation. Two of these four communities happen to be in my riding, Mr. Chairman. I didn't see a problem with the way it was proposed or with the way it is being proposed now. I'm just asking the Minister why wasn't the process named in here, rather than naming those specific communities? I want to know the rationale behind this because I didn't see any problem with it before.

The reason I say that, Mr. Chairman, is that, if I'm correct, 99 per cent of the hamlets don't own land. It is all Commissioner's land. Or, even 100 per cent. I know in my communities named in this amendment, they only have Commissioner's land and a few private property owners. I think the Catholic church owns land in most communities and hamlets. Because these hamlets don't own any land, why are they being excluded? With the new rules, it would prevent the hamlet of Rae to acquire a piece of property from the church. It would limit them because the new rules won't apply to them. I'm just questioning what was the rationale for excluding those two hamlets?

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The Chair

The Chair Tony Whitford

Thank you, Member for North Slave. Mr. Arngna'naaq.

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I think the concern that was raised was the fact that these two hamlets, which Mr. Zoe represents, are in an area where land claims have not been settled. So, the land lease-only policy, which exists right now, will still apply to these two communities. If the municipality wishes at this point, it would still be able to acquire land under the existing policy. The reason these two communities are included in this bill is because land claims have not yet been settled in the area. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arngna'naaq. The honourable Member for North Slave.

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Henry Zoe

Henry Zoe North Slave

Well, that's the point I'm trying to make, Mr. Chairman. In the current legislation, there is provision in the Hamlets Act for real property, so what difference would it make? I'm just wondering why are they being excluded in these new amendments. That's what I don't understand. In the existing legislation, there are provisions for real property there. What I'm saying is why exclude them here? There are no municipal lands in these two communities. The hamlets don't own any land themselves. We also have a lease-only government policy so the hamlets can't sell or buy land. All they can do is lease. It is all Commissioner's land in my two communities, so why are you excluding them now? Under existing legislation, they're not excluded. I don't quite understand.

I realize that there's a question of land claims, but it doesn't affect the hamlet council in these two communities. Land issues are dealt with in a different forum. Plus, they don't own any land so it won't affect them if we change all of this. The amendments make the rules within the legislation more clear. So, why are you excluding my two communities from these amendments?

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. I shall ascertain whether the Minister can answer that. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I think the Member is correct in his assessment of the bill and how it would apply to the two communities in his riding. The exclusion of these two municipalities is in response to the concerns raised by the residents of the Deh Cho area. The two communities are in an area where land claims have not yet been settled. I think that if the two communities were to acquire land, they would only acquire minimal amounts of land which would mean that they would not need a comprehensive system to administer the land.

In part of the remarks that Mr. Zoe has made, he is right in saying that if these two communities are included, they would be following the old system which is a land lease-only policy. When we made our visits in the Deh Cho area, they were concerned because their treaty had not been settled and they wanted to be excluded from this particular bill, which is what we have done. The two communities that are in here from Mr. Zoe's riding are also in an area in which land claims have not been settled. I don't know how I can better explain it, Mr. Chairman. Mr. Chairman, the area that these two communities are in will continue to be Commissioner's land. Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. General comments, Mr. Zoe.

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Henry Zoe

Henry Zoe North Slave

Could I ask a legal question to our Law Clerk? Under the current legislation, there is provision for real property for hamlets. In the two communities in my riding, they don't have any municipal land. It's all leased, either by the Crown land or by Commissioner's land. The hamlet, itself, doesn't own any real property.

Even if we make these new amendments, that doesn't necessarily supersede the straight lease policy from our government. That would still apply, am I correct, even though we make these amendments? We're dealing with policy on legislation here, so my understanding is that we're just clarifying the existing legislation pertaining to real property. My understanding is why are my two communities going to be excluded from these new improvements to this legislation? That's my question. That's what I'm trying to ask the Minister, and he didn't really answer why he is proposing that my two communities are being excluded.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. Were you asking our legal counsel, or were you asking the Minister?

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Henry Zoe

Henry Zoe North Slave

It's directed to him.

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The Chair

The Chair Tony Whitford

Thank you. I shall ask the Minister then to respond. I'm sure that the legal counsel heard the question, as well. Mr. Minister.

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Silas Arngna'naaq Kivallivik

The question is being asked to me now. Have you redirected the question?

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The Chair

The Chair Tony Whitford

That's what Mr. Zoe instructed the chair, that he was redirecting the question to the Minister. I understand that it is being redirected from the Minister now to legal counsel. Ms. MacPherson, please.

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. Mr. Zoe is quite correct. Under current legislation, hamlets can acquire, hold, develop and dispose of real and personal property. If the hamlet doesn't own any personal property, obviously the current legislation and the new legislation would have very little practical effect on the hamlet. There are other provisions, however, apart from the property provisions. There are the business provisions, as well, that allows a municipality to carry on a business that may not be for a municipal purpose. The two communities in Mr. Zoe's riding are also being exempted from those municipal business provisions.

I should note that as well as purchasing and selling real property, a municipality or a hamlet may also have the authority, or may also want to lease property. That's where it might acquire some significance for the hamlets. In Mr. Zoe's constituency, some of the hamlets may wish to not purchase property, but actually lease property, for example, to a municipal garage. In that situation there will be a question as to whether the hamlet will have that authority under the existing provisions, the old provisions of the legislation.

There are some case laws to suggest that the power to acquire and to dispose of property does not include the power to lease property. It's a decision from Ontario, I'm not sure that our courts up here would hold the same weight. It seems very unusual to have a very broad and very big power to purchase, and not have a smaller power to lease, which is normally a lesser power. However, that is the law as it stands in Ontario, I'm not sure if it would be up here.

Under the existing provisions of the Hamlets Act, there is a question as to the ability to lease real property. That is where it might have an impact on the two communities.

I should mention, just from being at the Standing Committee on Legislation meetings, there was tremendous opposition to these bills expressed by the people in the areas where land claims were not settled, we did receive almost unanimous opposition from band councils and from chiefs. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. Mr. Zoe.

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, is the Law Clerk saying that with these new amendments it would clarify that problem she just underlined to make it more clear because it was questionable under the existing act? With these new amendments, it would improve and clarify all that, right? Am I correct?

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. Ms. MacPherson.

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Law Clerk Ms. Macpherson

Yes, Mr. Chairman. That is the intention, or one of the intentions. The Act to Amend the Hamlets Act as originally presented by the government was that the ability of a municipality to lease and subdivide property would be clearly set forth in legislation. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. General comments. Mr. Gargan.

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Samuel Gargan Deh Cho

Mr. Chairman, on Saturday we had a public meeting regarding these amendments. We also faxed these amendments to all the communities that are going to be affected by the amendments. In my statement, I referred to Lac La Martre, Fort Providence, Fort Liard and Rae-Edzo. Up to now, at least up until 1:00, we haven't received any kind of negative response to those amendments. So, presumably, those communities are in favour of it.

I haven't asked this before nor have I heard any of the Members ask this question. I would like to ask the Minister whether we are going to be...The purpose of the bill, I recognize, is because of the Nunavut Act, and because all municipalities will become municipal lands. It also says in there that all municipalities will be able to make land administration by-laws. I ask the question, in Nunavut there are 25 communities. Are we looking at individual by-laws from all those different communities to administer their lands? Or, do you have a draft by-law which probably all the municipalities could use as a way to make those by-laws, instead of having whatever communities there are making these by-laws, that we have a common by-law which could be used by all municipalities.

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The Chair

The Chair Tony Whitford

Thank you, Member for Deh Cho. Minister Arngna'naaq.

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Silas Arngna'naaq Kivallivik

Mr. Chairman, the Member is quite right. There will be a by-law for each community, and there is a model by-law which is being prepared by the Department of Municipal and Community Affairs which may be used by any of the 25 communities, which will require a land administration by-law. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Minister Arngna'naaq. Mr. Lewis.

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Brian Lewis Yellowknife Centre

Thank you, Mr. Chairman. At these meetings, there was a tremendous amount of opposition. When I had first looked at the bills, they seemed very straightforward to me. They didn't seem to be dangerous bills or bills that would cause anybody any discomfort. But, if the main job of the Legislative Assembly is, in fact, to pass good laws for the people it serves, then you have to convince the people who elect you that those are good laws. The work of the standing committee took us into places where we weren't able to leave with the feeling that the people were comfortable with what was being done. Therefore, like any good committee of any good government, they decided to respond to those concerns that people had, even though I am still not convinced it is a big issue. But, if you can't convince the people, then you have to do something to make people feel good about what we are doing in this Assembly. Although, as I said, they seem to be like housekeeping arrangements or changes to make it clearer and to provide for better government, I feel good even though I can't see the problem myself. We have, in fact, been a responsive committee. We have made changes in the way we had to make people feel that the government they have is listening to what they have to say. I would urge Members, even though they have difficulty understanding people's concerns, they are real and we should respond to them. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Lewis. General comments, Mr. Antoine.

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Jim Antoine Nahendeh

Mahsi, Mr. Chairman. With regard to Bill 4 and with that amendment, when the bills, along with this bill, Bill 3 and 2 came up previously in the last session, I raised concern. My concern was the ramifications of these bills and how it would affect the future of land administration in the communities in the west. Based on that, I raised concern. My concern was that some of the communities in the west were not consulted. Upon my informing them of the bills, there were many concerns expressed. I brought that forward to this House. As a result, there was another review of this bill, and the Standing Committee on Legislation did travel to some of the communities and heard for themselves what the people in these communities were saying to them. Based on that, these amendments were put forward here.

The bill enhances the power of municipal corporations to acquire, use and dispose of property, real and personal. It also requires municipalities to pass land administration by-laws and also clarifies the power of the municipality to carry on a business. These are some of the powers that I understand is given to it. This is as a result of the Nunavut land claims agreement. It is a condition of this agreement, and it is clearly in the best interests of the eastern Arctic communities to establish the ownership of such land.

These bills are necessary for Nunavut. It was negotiated and agreed upon by the Nunavut negotiators. This was done without input from western communities where land claims or land entitlement do not exist and where the full effects are very uncertain at this time. Based on these concerns, the band councils expressed that they would like to see some changes to this amendment. I am glad that the Standing Committee on Legislation has seen fit to make some amendments to it. Even the previous bill that went through the committee of the whole, Bill 3, An Act to Amend the Cities, Towns and Villages Act, has Fort Simpson in there. I did hear the village and the chiefs talk about it. They all understand that they do support this bill if it is part of the Nunavut land claims agreement, to go ahead with this type of amendment to these three bills.

In the meantime, somehow or another, there could be protection for some of these communities in the west. I think the Standing Committee on Legislation has allowed for that. I don't know what the ramifications of this amendment are going to be, but if it is the best way for them to deal with it. I take it this is the best way for them to deal with the concerns that they have heard. I haven't heard if there was an alternative of how they would have dealt with it. I would like to ask the Minister what other alternatives could have been used to make these amendments, rather than naming specific communities. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Member for Nahendeh. The question was directed to Mr. Arngna'naaq.

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Silas Arngna'naaq Kivallivik

Mr. Chairman, I am not sure what other alternatives there may have been, but perhaps the legal counsel would be able to respond. Mr. Flynn.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Flynn.

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Flynn

Thank you, Mr. Chairman. The concern expressed in the communities when SCOL visited was that, because land claims were unsettled, they didn't want the existing municipal property provisions to change in respect of them. So, this required an exclusion approach. It was a question of whether it would be by community or by geographic area. It was decided that it would be simpler to list the communities. That was the reason it was done. Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Flynn. Mr. Antoine.

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Jim Antoine Nahendeh

Thank you. I take it that the reason the amendments were done the way they were was to respond to the concerns of the communities that made presentations at the SCOL hearings. I thought there might have been another

way of doing it, rather than specifically naming certain communities. That was what I was getting at. Could it have been done other ways rather than specifically naming communities in the amendment? Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Member for Nahendeh. Mr. Flynn.

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Flynn

Thank you, Mr. Chairman. The answer is yes. It could have been done by geographic description of the ridings in question or the unsettled land claims area in question. The result is the same with the bill that we have as it is now. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Flynn. General comments. Mr. Antoine.

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Jim Antoine Nahendeh

On this bill, land within community boundaries within the Nunavut settlement area and areas of the western NWT is managed by the Government of the Northwest Territories under the land lease policy. With the passage of these bills, would this eliminate the policy as the land would be turned over to the communities? Would this land lease policy be eliminated? Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Member for Nahendeh. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Mr. Chairman, no, it doesn't. The policy would stay in effect. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you. Mr. Antoine.

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Jim Antoine Nahendeh

I just want to make a point that there are two communities in my constituency that are specifically named in Bill 3 and Bill 4, and there is discussion about reaching some sort of land claims in the future. The problem is, the solution here would be to clearly define ownership in the area where no land claim agreements or land entitlements exist today. That should be the way of dealing with the problem in this area. If it does happen, these bills would have to be amended again to allow these communities, if they so choose, to go in the direction that everybody else is going. I guess the question here is, would we have to amend the bill again for these two communities to be included in the act with everybody else? Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Member for Nahendeh. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Mr. Chairman, if the communities so choose, we would have to come back to this Assembly and amend the two bills. The Member is correct. Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. General comments. Next on my list is the Premier, then Mr. Arvaluk and then Mr. Zoe.

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Nellie Cournoyea Nunakput

Mr. Chairman, I just wanted to make sure that it's on the record that this has been a long outstanding issue of the Beaufort/Delta communities. There has been a desire to change the land lease-only policy and give more authority to the communities so that we can get on with business, prior to Nunavut and prior to settlement of the Nunavut claim. I just want this Legislative Assembly to know that it is not necessarily just because of Nunavut. There are other regions of the Northwest Territories, like the Beaufort/Delta communities, particularly, that have been trying to get this authority in the communities. Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Madam Premier. Next on my list is Mr. Arvaluk and then Mr. Zoe.

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James Arvaluk Aivilik

Thank you, Mr. Chairman. I welcome this amendment very much because it will not just accommodate the Inuvialuit region, but also Nunavut and other communities that desire to start building an economic base using land development for the purposes of residential and commercial use. I come from a small community and in a small community there are always very clear, influential citizens. Some of the them become mayors and business people. I skimmed through this and tried to find something that prevents the municipality from amending their own by-laws to accommodate potential applicants or buyers of the land, if you know what I mean.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arvaluk. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Mr. Chairman. Once this bill has passed the municipalities will then own the municipal lands, and the people will be able to hold a referendum in their communities to decide whether they will continue with the land lease-only policy or whether they will be able to sell the lands that they own. I hope I answered the Member's question. Thank you, Mr. Chairman.

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James Arvaluk Aivilik

Thank you, Mr. Chairman. Not quite. Maybe I didn't phrase my question properly. Say a municipality, through a referendum, decides they want to start selling plots of land and they decide that an area will be sold for commercial use and another area would be sold for residential use, et cetera. However, when after a new election a new mayor gets in and says he would like to propose an amendment to the by-law by opening a particular area for commercial or residential use to accommodate himself or someone else that is connected to him. I want a provision that once the municipality holds a referendum and creates a plot of land for sale, there will not be further authorization through amendments of the by-law opening up until the next referendum, whether it is six months or a year from now.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arvaluk. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I believe that the area the Member is raising is part of the land claim agreement. I would like to ask Mr. Ashton to respond.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Ashton, would you be so kind.

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Ashton

Thank you, Mr. Chairman. I think it is useful to take a look at the claims legislation that are set out in the Nunavut final agreement. In the legislation, as the Minister was outlining, all the land within the municipal boundary which is not occupied by government buildings, is turned over to the

municipality and becomes municipal land. The Department of Municipal and Community Affairs is required to carry out the paper work necessary to turn over all the land by 1996.

In the meantime, we're working with the municipalities through training and changing this legislation to get them ready by the time all the land is turned over. One of the conditions contained in the claim is that each community must decide on its own whether or not they want to lease or sell the land. Up to this point, it has always been done by lease. Each community would have a referendum. The tentative date for the referendum would be December of this year because it has to happen between the first and second anniversary of the legislation, which went through in July 1993. And, if the community votes by referendum to maintain the lease-only policy in their community, that is locked in for another 20 years. There cannot be another referendum for 20 years. Perhaps that's the protection that the Member was asking about, with respect to the fact that councils do change every few years. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Ashton. Mr. Arvaluk.

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James Arvaluk Aivilik

Not even close, Mr. Chairman. In this act or under a regulation of MACA, would there be something stating that once you have a referendum approving that plots of municipal land will be assigned for sale, how often these municipal land maps or town maps could be amended, changed, extended or expanded for the purpose of continuing the spirit of the referendum? I guess I will ask that first.

Secondly, Mr. Chairman, I am leery that there are elections for hamlet councils every year and every two years for a mayor, depending on their own by-laws some of them can go as far as three years. I am trying to protect the community interest by not having the new influential town councillor who also happens to be a multi-million dollar man in a very small community -- I believe I'm exaggerating here, I'm not trying to pick on anybody -- to influence the council to create new plots of land for sale for his own, or to accommodate somebody else. After the referendum, after the lands have been selected, the town plan has been developed for the purpose of sale, then after two years you need to make new lands for the purpose of development for sale. Is there a provision somewhere that there will be a referendum every year, or will it be up to the council to expand those plots of lands?

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arvaluk. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I will ask Mr. Ashton, once again, to respond.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Ashton.

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Ashton

Thank you, Mr. Chairman. On the first part of the question, the Department of Municipal and Community Affairs has a mapping group within the department that provides all of the land ownership maps to the communities. Where there are changes in the community land ownership, these are reflected on the maps. We regularly provide an update to the communities, at least twice a year, so I would think that the community would always have an updated system of records with regard to land ownership.

The second question, as I understand it, is relating to the councils and how often there would be a referendum. I think the answer to that question is that by virtue of this legislation that we are proposing in the House, a community would be required to pass a land administration by-law that sets out all the rules and procedures that would be followed in that community. The by-law must come in for the Minister of Municipal and Community Affairs to approve it.

If there are going to be any changes to the by-law, the legislation also talks about the fact that the council must hold public hearings. There's a process of public notice to hear everyone affected by any changes to the by-law. This is, again, a new provision that's being put in to protect the public from anyone trying to use the by-law or manipulate the by-law. It must be done openly in the public with due notice. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Ashton. General comments. Mr. Arvaluk.

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James Arvaluk Aivilik

Mr. Chairman, that comment was a little closer by having to have a public hearing in order to create new parcels of land. This is the present practice right now, anyway, for the leased lands. If a new municipal development is held in the public meeting in the community hall every year once the land is being assigned, there is no change whatsoever. There is no danger either because the leases can be cancelled by violation of the lease or by other means. But, sale is different. Is there any protection for the community to slow down, at least not to have land manipulation by the rich people in the community for the protection of the community's interest?

For example, there is a land lease or land for sale beside the Explorer Hotel. I know it has been there for quite a while, at least since this Legislative Assembly building has been up. However, Mr. Brown or Mr. Chang haven't bought it yet. This is good because Yellowknife has developed it for anyone. What I'm trying to say is that from the small community point of view, the story is different. If you have only 500 people in the community, and somebody comes in and lives there for two years, he has a bank account in Toronto of I don't know how much, he could very easily manipulate the small population of the community. Is there any prevention somewhere so that the community has a say as to what areas of land can be developed for what before they are declared for sale?

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The Chair

The Chair Tony Whitford

Thank you. Just a reminder to the Members that we are dealing with an Act to Amend the Hamlets Act. Some of the issues may just be venturing beyond the sum of the bill. However, I will allow the Minister to continue. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Mr. Chairman, in situations that the Member is raising, I think the municipalities would be able to create their own by-laws which would require procedures that the residents of that municipality would have to follow. It would be up to the community to decide whether the procedure that they have set will ensure protection against land

speculation. Also to say that the by-law would not be able to be changed without the approval of the Minister. Thank you, Mr. Chairman.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Arvaluk.

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James Arvaluk Aivilik

Mr. Chairman, my last question is not related to that one. There is a section or provision in the final agreement of the land claims. I don't have my copy with me right now so I cannot pinpoint the exact clause it's under, but I know there is a provision for the community to extend their boundary beyond the present hamlet boundary or municipal boundary. This amendment to the Hamlets Act will not prevent that to continue to accommodate the community needs.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arvaluk. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Mr. Chairman, if there is anything within our legislation that contradicts the Nunavut land claim agreement, the legislation in the territories would have no effect because the land claim agreement is under the Constitution. Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. General comments. In order to allow everyone to have an opportunity to speak to this bill, I will recognize Mr. Ningark at this point.

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John Ningark Natilikmiot

Thank you, Mr. Chairman. I have no problem with this bill because, according to my understanding, this bill deals with only the land that belongs to a municipal corporation. The municipal corporation can only purchase, lease or otherwise acquire new property only for the municipal purpose. That is my understanding, so, therefore, I have no problem. Secondly, Mr. Chairman, when we travelled to the western Arctic communities, their concern was that the treaty between the band councils and the federal government would have two different opinions, one being the written version of the federal government and the other being the verbal version of the Dene band council. That can be quite accurate, Mr. Chairman. Therefore, some of the band councils requested to be excluded from this bill because of the outstanding issues between the federal government and the band councils. Therefore, the territorial government is not recognized as being the prime central body by some of the Dene communities. I respect them for that. I have no problem with the bill but what I have said. Thank you.

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The Chair

The Chair Tony Whitford

Thank you, Mr. Ningark. I believe that was just comments. There were no questions. The chair will now recognize Mr. Zoe, then Mr. Lewis and Mr. Gargan.

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, I have no problem except with the communities being specifically named. I agree with the proposed amendment by the government, but it is going to enhance the powers of the municipal corporation. It is improving on the existing legislation. I don't see a problem that these new amendments are going to create. In that respect, I don't know why my communities are being named. I agree that the rules are to improve on the existing legislation, so I find no purpose for naming those two communities to be excluded, particularly the ones from my riding. When we get

into details of the committee, I will be moving a motion to delete my two communities from this legislation.

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The Chair John Ningark

Thank you. General comments. Mr. Gargan.

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Samuel Gargan Deh Cho

Again, while we are on this issue, in my introduction to the bills, I did mention that we did have other options for amending the bills. One of the options was that the act would only apply to the Nunavut territory and that those communities in the western Arctic where the local municipality says yes and the band council says yes, that was the one other option we had. The reason we went with the government's amendments is because it is less complicated. I think we talk about democracy. I don't know why one group should have veto over another group and all of these different little problems start surfacing. As a way to address that, we thought that by virtue of deleting these communities, then we don't create a situation where we could have a municipal council and band council fighting over each other. That was the best solution. I thought it was good. Although, originally, we thought perhaps our amendment was quite good, we decided that this was the best way of dealing with the circumstances that existed at that time. I think it is good. Mr. Chairman, I request we go clause by clause.

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The Chair John Ningark

Thank you, Mr. Gargan. Mr. Antoine.

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Jim Antoine Nahendeh

I want to ask some questions to the Minister. We are dealing with land here. If municipalities have the authority to acquire, hold and sell real and personal property, as the question of ownership is of prime concern in the western NWT, where would these tracks of land be made available from? Where would this land come from? Under what authority would ownership of such land be transferred for municipal use of holding, selling and acquiring real and personal property? How does this come about? Where does the land come from? Who has the authority to say, use this land? Where do you get the authority from? Thank you.

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The Chair John Ningark

Thank you. Mr. Minister.

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I would like to ask Mr. Ashton to answer the question.

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The Chair John Ningark

Thank you, Mr. Minister. Mr. Ashton.

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Ashton

Thank you, Mr. Chairman. The situation is quite clear in the Nunavut communities that, because of the Nunavut final agreement and the legislation to implement the Nunavut final agreement, the land is being turned over as municipal lands to these communities. In the western Arctic, the lands are still administered by government, mostly by the territorial government, as Commissioner's lands. If there was going to be any lands turned over to municipalities as municipal lands, the normal way for the communities to own these lands would be that they would buy them from the GNWT, usually for a nominal amount. Thank you, Mr. Chairman.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you, Mr. Ashton. Mr. Antoine.

Bill 4: An Act To Amend The Hamlets Act
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Jim Antoine Nahendeh

We are talking about municipalities having authority to acquire, hold and sell real and personal property. We are talking about land here. The answer I received is assuming that the government already has the authority over these lands. How did that authority come about? How did you acquire these lands so that you are able to release them to municipalities? Thank you.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you. Mr. Minister, where is the legislative authority?

Bill 4: An Act To Amend The Hamlets Act
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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. Again, I would like to ask Mr. Ashton to respond.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Mr. Ashton.

Bill 4: An Act To Amend The Hamlets Act
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Ashton

Thank you, Mr. Chairman. The answer to that is, I guess, tied up in the whole question of what is Commissioner's land. The territorial government, per se, does not own any land. What happens is that the federal government transfers the administration and control over certain parcels of land to the Commissioner. By administration, I mean that the Commissioner's land staff would administer the land instead of the land staff of the Minister of DIAND. By control, I mean that the territorial legislation would apply instead of the federal legislation. As we know, there is a dispute going back to the treaties and so on as to who actually owns the land. The federal government claims they have an interest in the land for various historical reasons and certainly the aboriginal people claim they have an interest in the land. In those areas of the NWT where land claims are not settled, this is an issue that needs to be resolved between the parties. But, where the claims are settled and there is some certainty, the federal government has created the legislative authority for the Commissioner to act on behalf of the Minister of DIAND and any lands that would be sold to a municipal corporation would be sold under the signature of the Commissioner. Thank you, Mr. Chairman.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you. Mr. Antoine.

Bill 4: An Act To Amend The Hamlets Act
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Jim Antoine Nahendeh

Thank you, Mr. Chairman. He answered my question and he also answered the second question I was going to ask. My concern here is that in areas where land claims have not been settled, where the federal government gets authority to transfer land when it's in dispute. There are disputes with the Treaty 8 groups and the Treaty 11 groups over land. According to the treaties land was not given up, but the federal government is assuming it owns the land and therefore transfers it to Commissioner's land and this is property you are talking about transferring over to the municipalities. It's in dispute. That's the problem I see here.

I said earlier that the solution would be to clearly define ownership within the remaining regions where no land claim agreements or land entitlements exist today. I would just like to make that point. Thank you, Mr. Chairman.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you, Mr. Antoine. We seem to be moving slightly away from Bill 4, however I will let the Minister respond to Mr. Antoine. Mr. Minister.

Bill 4: An Act To Amend The Hamlets Act
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Silas Arngna'naaq Kivallivik

Mr. Chairman, I would like to ask Mr. Ashton to respond again. Thank you.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Mr. Ashton.

Bill 4: An Act To Amend The Hamlets Act
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Ashton

Thank you, Mr. Chairman. I will just make a quick comment in response to the Member's remarks and that is to say that the federal government has passed legislation, the Territorial Lands Act, which concerns land within the Yukon and the Northwest Territories. That is their legislative basis to deal with land in the Northwest Territories and to turn over any land to the Commissioner of the Northwest Territories. However, I would just point out, as was mentioned earlier, that the territorial government follows a land lease-only policy and, in those areas where land claims are not settled, the policy ensures there are no sales of land to municipalities or to others where claims are not settled.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you. General comments. Shall we go clause by clause?

Bill 4: An Act To Amend The Hamlets Act
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Some Hon. Members

Agreed.

---Agreed

Clause By Clause

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you. Bill 4, An Act to Amend the Hamlets Act. Clause 1.

Bill 4: An Act To Amend The Hamlets Act
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Some Hon. Members

Agreed.

---Agreed

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

I'll go slowly in order to accommodate anyone who has any concerns with any of the clauses within Bill 4. Clause 2. Mr. Zoe.

Bill 4: An Act To Amend The Hamlets Act
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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, I have a motion that is being typed and translated to deal with Bill 4. The secretaries are typing it up now. May I request that the committee take a five minute break for this? I'm proposing to delete Rae-Edzo and Lac La Martre from the bill. Thank you.

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you. There is a request from the floor that we take a five minute break. Do we have the concurrence of the committee?

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Some Hon. Members

Agreed.

---Agreed

Bill 4: An Act To Amend The Hamlets Act
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The Chair John Ningark

Thank you, very much. We'll take a five minute break.

---SHORT RECESS

Bill 4: An Act To Amend The Hamlets Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 529

The Chair

The Chair Tony Whitford

The committee will come back to order. The chair recognizes Mr. Dent.

Motion To Extend Hours, Carried

Bill 4: An Act To Amend The Hamlets Act
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Charles Dent

Charles Dent Yellowknife Frame Lake

Mr. Chairman, I move we extend hours to conclude this item.

Bill 4: An Act To Amend The Hamlets Act
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The Chair

The Chair Tony Whitford

Thank you. We have a motion to extend the sitting hours beyond 6:00 pm. The motion is in order. To the motion.

Bill 4: An Act To Amend The Hamlets Act
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An Hon. Member

Question.

Bill 4: An Act To Amend The Hamlets Act
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The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Thank you. We will have a short recess while we are waiting for amendments. We will resume at the call of the chair.

---SHORT RECESS

Bill 4: An Act To Amend The Hamlets Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

The House will now come back to order. The motion is being circulated, An Act to Amend the Hamlets Act. It has been translated. Prior to going into the motion, we have still to conclude clause 2. Clause 2.

Bill 4: An Act To Amend The Hamlets Act
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Some Hon. Members

Agreed.

---Agreed

Bill 4: An Act To Amend The Hamlets Act
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The Chair

The Chair Tony Whitford

Clause 3. Mr. Zoe.

Bill 4: An Act To Amend The Hamlets Act
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Page 530

Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. At this time, I would like to make a motion. My motion has been circulated and translated both in Inuktitut and French.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Henry Zoe

Henry Zoe North Slave

I move, Mr. Chairman, that clause 3 of Bill 4 be amended by deleting "Fort Providence, Rae-Edzo, Lac La Martre" in subsection 130.1(1) and by substituting "and Fort Providence."

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. The motion is in order. To the motion.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

An Hon. Member

Question.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Clause 3, as amended.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Some Hon. Members

Agreed.

---Agreed

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Clause 3.1.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Some Hon. Members

Agreed.

---Agreed

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

We have agreement. Clause 4.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Some Hon. Members

Agreed.

---Agreed

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Bill as a whole.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Some Hon. Members

Agreed.

---Agreed

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Bill as a whole, as amended.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Some Hon. Members

Agreed.

---Agreed

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Does the committee agree that Bill 4, as amended, is now ready for third reading?

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

Some Hon. Members

Agreed.

---Agreed

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Bill 4, as amended, is now ready for third reading.

---Applause

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Chair

The Chair Tony Whitford

Mr. Minister, on behalf of the committee, I would like to thank you and your witnesses for appearing to assist us in this matter. As the matter is now concluded, I shall rise and report to the Speaker.

Committee Motion 18-12(5): To Amend Clause 3 Of Bill 4, Carried
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 530

The Deputy Speaker Brian Lewis

Item 19, report of committee of the whole. Mr. Whitford, please.

Item 19: Report Of Committee Of The Whole
Item 19: Report Of Committee Of The Whole

Page 530

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Deputy Speaker. Mr. Deputy Speaker, oh, is it Mr. Speaker? I'm sorry.

---Applause

My apologies, it is Mr. Speaker. Mr. Speaker, your committee has been considering Bills 3 and 4 and would like to report progress, and that Bill 3 is ready for third reading and Bill 4 is ready for third reading, as amended. Mr. Speaker, I move that the report of the committee of the whole be concurred with.

Item 19: Report Of Committee Of The Whole
Item 19: Report Of Committee Of The Whole

Page 530

The Deputy Speaker Brian Lewis

Is there a seconder for the motion? Mr. Arvaluk. The motion is in order. To the motion.

Item 19: Report Of Committee Of The Whole
Item 19: Report Of Committee Of The Whole

Page 530

An Hon. Member

Question.

Item 19: Report Of Committee Of The Whole
Item 19: Report Of Committee Of The Whole

Page 530

The Deputy Speaker Brian Lewis

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

---Applause

Item 19: Report Of Committee Of The Whole
Item 19: Report Of Committee Of The Whole

Page 530

The Deputy Speaker Brian Lewis

Item 20, third reading of bills. Minister Kakfwi.

Bill 7: Personal Property Security Act
Item 20: Third Reading Of Bills

Page 531

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I move, seconded by the honourable Member for Hay River, that Bill 7, the Personal Property Security Act, be read for the third time.

Bill 7: Personal Property Security Act
Item 20: Third Reading Of Bills

Page 531

The Deputy Speaker Brian Lewis

Thank you, Minister Kakfwi, your motion is in order. To the motion.

Bill 7: Personal Property Security Act
Item 20: Third Reading Of Bills

Page 531

An Hon. Member

Question.

Bill 7: Personal Property Security Act
Item 20: Third Reading Of Bills

Page 531

The Deputy Speaker Brian Lewis

Question has been called. All those in favour? All those opposed? Bill 7 has received third reading.

---Carried

Minister Kakfwi.

Bill 7: Personal Property Security Act
Item 20: Third Reading Of Bills

Page 531

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I see unanimous consent to return to item 12 of the agenda, tabling of documents.

Bill 7: Personal Property Security Act
Item 20: Third Reading Of Bills

Page 531

The Deputy Speaker Brian Lewis

Minister Kakfwi is seeking unanimous consent to return to item 12. Are there any nays? There are no nays. Proceed, Minister Kakfwi.

Revert Back To Item 12: Tabling Of Documents
Revert Back To Item 12: Tabling Of Documents

Page 531

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. I wish to table the following document, Tabled Document 34-12(5), Tradition and Change, A Strategy for Renewable Resource Development in the Northwest Territories, February 1994. Thank you.

Revert Back To Item 12: Tabling Of Documents
Revert Back To Item 12: Tabling Of Documents

Page 531

The Deputy Speaker Brian Lewis

Thank you. Item 21, Mr. Clerk, orders of the day.

Item 21: Orders Of The Day
Item 21: Orders Of The Day

Page 531

Clerk Of The House Mr. David Hamilton

Mr. Speaker, there will be a meeting of the full Caucus immediately after adjournment, and a meeting tomorrow morning at 9:00 am of the Ordinary Members' Caucus. Orders of the day for Friday, March 4, 1994.

1. Prayer

2. Ministers' Statements

3. Members' Statements

4. Returns to Oral Questions

5. Oral Questions

6. Written Questions

7. Returns to Written Questions

8. Replies to Opening Address

9. Petitions

10. Reports of Standing and Special Committees

11. Reports of Committees on the Review of Bills

12. Tabling of Documents

13. Notices of Motion

14. Notices of Motions for First Reading of Bills

15. Motions

16. First Reading of Bills

17. Second Reading of Bills

18. Consideration in Committee of the Whole of Bills and Other Matters

- Bill 1, Appropriation Act, No. 2, 1994-95

- Bill 8, An Act to Amend the Legislative Assembly and

Executive Council Act

- Committee Report 2-12(5), Review of the 1994-95 Main

Estimates

- Minister's Statement 5-12(5), Session Business

- Tabled Document 1-12(5), Towards an NWT Mineral

Strategy

- Tabled Document 2-12(5), Building and Learning

Strategy

- Tabled Document 11-12(5), First Annual Report of the

Languages Commissioner of the NWT for the Year

1992-93

19. Report of Committee of the Whole

20. Third Reading of Bills

21. Orders of the Day

Item 21: Orders Of The Day
Item 21: Orders Of The Day

Page 531

The Deputy Speaker Brian Lewis

Thank you, Mr. Clerk. This House stands adjourned until tomorrow morning, March 4, 1994, at 10:00 am, precisely.

---ADJOURNMENT