This is page numbers 993 - 1026 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 chairman.

The Chair

The Chair Tony Whitford

Thank you, Minister Arngna'naaq. Are your witnesses here, or do you just need the time to briefly meet with them after you finish making your opening remarks? Is that correct?

Silas Arngna'naaq Kivallivik

That's correct, Mr. Chairman. I have opening remarks I would like to make, but the officials who I'm expecting to come in are not here yet.

The Chair

The Chair Tony Whitford

Thank you, Mr. Arngna'naaq. We'll entertain the Minister's opening remarks first, then if the witnesses are not here we'll take a short break and allow the witnesses to brief the Minister properly, then be escorted to the

witness table. Minister Arngna'naaq, you may commence with your opening remarks.

Introductory Remarks

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I would like to thank the Members of the House for this opportunity to appear before the committee of the whole, and to have a full discussion of the water and sewage service policy amendments and subsidy reductions that I announced in my statement to the House on March 30, 1994.

Historically, the water and sewage service subsidies provided by the government have not been consistent across all the communities. As a result, the changes to the subsidy provisions in the water and sewage services subsidy policy appear rather complex.

Mr. Chairman, I will not repeat the text of my previous statement to the House, however I would like to elaborate on some of the background and context surrounding the changes that were announced.

The water and sewage subsidy program is targeted at three groups of users; residential, non-profit and commercial users. There is no subsidy for government or industrial users.

The policy has been designed around four principles. Firstly, that NWT residents should be entitled to basic water and sewage services to safeguard their health. Secondly, that these services should be provided to residents on an equitable and affordable basis. Thirdly, that municipal governments should exercise authority and responsibility for delivery of water and sewage services. Lastly, that these services should be provided as efficiently as possible.

Mr. Chairman, I must stress, however, that the ability of the government to fulfil these principles is limited by the financial resources that are available.

The most difficult element of this policy to deal with is the determination of what is affordable to consumers and what is not. In the absence of a better standard to rely on, this policy refers to the rate charged to residential customers in the city of Yellowknife for piped water and sewage service to be the guide in the determination of what is an affordable rate to all NWT residential consumers. This approach is consistent with other similar utility subsidy programs of this government.

When the water and sewage services subsidy policy was first introduced in April of 1987, the base rate -- the rate based on cost of service in Yellowknife -- was approximately .20 of a cent per litre. This rate was subsequently revised upward to .22 of a cent per litre in April of 1990. Today, Mr. Chairman, the rate has reached approximately .33 of a cent per litre. Accordingly, the recent announcement of the adjustment in the subsidized rate was necessary to keep up with the increase in the rate.

In addition to the change in the base rate there has been a need to modify the policy to make it more consistent throughout all communities.

When the water and sewage services subsidy policy was first introduced, it only applied to the hamlets, charter communities and settlements. The remaining tax-based municipalities continue to receive only the benefit of a trucked water delivery subsidy.

Local circumstances in each of the tax-based municipalities were such that over time the trucked water delivery subsidy provisions had to be applied differently from one community to the next. Ad hoc arrangements prevailed. What was consistent was that trucked sewage pump out and piped water and sewage service received no subsidy at all in the tax-based municipalities.

In some instances, the lack of subsidy for these services meant that some residents were unable to have their sewage pump out tanks regularly emptied. This contributed to local sanitation problems. In other instances, high user rates were imposed upon government and industrial users in order for the municipality to indirectly subsidize the provision of services to local residents and businesses.

Over the period of 1989 to 1991, the water and sewage services subsidy policy was extended to include the towns of Norman Wells and Iqaluit as part of the turnover of the local water/sewer infrastructure to the municipalities. There was one exception in that only 50 per cent of the commercial consumption would be subsidized, whereas in hamlets, charter communities and settlements, commercial users were subsidized at a rate of .44 of a cent per litre for 100 per cent of consumption.

Mr. Chairman, the amendments to the policy which I announced on March 30, 1994, will now finally extend the subsidy provisions to those remaining municipalities with the exception of the city of Yellowknife which is funded through a separate block funding agreement.

As my colleague, the Honourable John Pollard, indicated in the House one year ago, the subsidized rate to commercial users in hamlets, charter communities and settlements was to be reduced to 50 per cent of consumption from the present level of 100 per cent. This would make the subsidy arrangements for commercial users in hamlets, charter communities and settlements consistent with the subsidy rules applied in the towns of Norman Wells and Iqaluit. It would also make a contribution to the government's effort to address the overall operating deficit that has been projected.

There has been recognition however, that the pursuit of consistency in the design of this subsidy policy may be at odds with the principle of affordability. As a result, the reduction of the commercial subsidy in hamlets, charter communities and settlements is being implemented very carefully. The subsidy is being reduced only to 90 per cent of consumption at this time, not to the 50 per cent level originally indicated.

Mr. Chairman, this will allow the government time to monitor and assess the impact of this 10 per cent subsidy reduction to commercial users before any further reduction is considered. The 10 per cent subsidy reduction also strengthens the local accountability of councils and their administrations for the efficient provision of water and sewage services.

Should the local economic rate for water and sewage service increase, it will now have a direct impact on the non-subsidized 10 per cent of service to commercial users. If commercial users believe that the service is not provided as efficiently as possible, they are likely to raise their concerns with the local municipal government.

Mr. Chairman, this kind of feedback is essential for local councils to be truly responsible and accountable to their residents for the efficient delivery of municipal services.

At this time, Mr. Chairman, I would like to thank Members for their patience in allowing me the time to elaborate more fully on this matter. I and my officials are prepared to respond to any detailed questions Members may have. Thank you, Mr. Chairman.

The Chair

The Chair Tony Whitford

Thank you, Minister Arngna'naaq. The chair recognizes the Member for Kitikmeot, Mr. Ng.

Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Before we get into the short break, can I ask that the Minister provide copies of his opening comments to us?

The Chair

The Chair Tony Whitford

Thank you, Mr. Ng. Copies will be circulated during the break. I think they are being produced, if they're not, I will assure you they will be available. I have a copy. The Clerk will take care of that, momentarily. At this point, we will take a short break and return at the call of the chair.

---SHORT RECESS

The Chair

The Chair Tony Whitford

We've had time to peruse the opening comments over the break. At this time, it would probably be prudent to have the Minister's witnesses, if he agrees and the committee agrees, escorted to the witness table to assist the Minister in any of the questions that may be sent his way. Mr. Minister, are you prepared to bring your witnesses in?

Silas Arngna'naaq Kivallivik

Yes, Mr. Chairman. I would like to bring in some departmental staff.

The Chair

The Chair Tony Whitford

Thank you. Does the committee agree?

Some Hon. Members

Agreed.

---Agreed

The Chair

The Chair Tony Whitford

Sergeant-at-Arms, will you assist the Minister in bringing the witnesses to the witness table? Thank you, Mr. Minister. Would you be so kind as to introduce your witnesses to the committee?

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. To my right is Mr. Al Menard, deputy minister of Municipal and Community Affairs and to my left is Mr. Vern Christensen, assistant deputy minister of the department.

The Chair

The Chair Tony Whitford

Welcome, gentlemen. On your desk, you should have both tabled documents and the opening remarks of the Minister on the matter at hand, which is the water and sewage services subsidy policy and the amendments to that. General comments. Mr. Zoe.

General Comments

Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. Mr. Chairman, regarding the Minister's statement that was tabled and that we're discussing right now, I agree with the comments from the Minister and the changes he wants to make. But, the concern I have is the timing of these changes. I recall, Mr. Chairman, that, as the Minister indicated in his statement, this issue was raised by the Association of Municipalities a couple of years ago and it has been an ongoing thing. I recall the issue of tax-based municipalities wanting to get into this policy because the current policy extended only to non-tax-based municipalities. Particularly, the municipality of Fort Simpson really wanted to get into this policy because of the financial difficulties they were having. As the Minister indicated in his statement, I know other municipalities, including Iqaluit and Inuvik, are included in this policy, also.

The changes that are being proposed are a good thing, but the manner in which they are implementing these changes is what I am having concerns with. Mr. Chairman, I have no objections to the changes being proposed by the department. I know they are trying to make this policy equally distributed across the territories, to include tax-based and non-tax-based municipalities, but the timing is definitely wrong.

Another concern I have is with the lack of consultation, although the Minister indicates in his statement that the issue was raised by the Association of Municipalities and a number of municipalities, themselves, about wanting these changes. I agree that they were consulted because they were the ones who initiated this move. But, ongoing consultation didn't occur. If ongoing consultation would have occurred after the decision was made by Cabinet, then I don't think we would have run into this problem. Unfortunately, the consultation hasn't occurred.

I know the Minister indicates that June 1 is the date for implementing the changes to the policy, but I don't think three months is enough time. If the Association of Municipalities would have been consulted on an ongoing basis, I don't think we would have run into this problem. They would have advised their membership accordingly and the municipalities would have been more prepared to accept these changes. This requires changing their by-laws and so forth. The calculations of all the new rates would have to be communicated to the users. The municipalities would have to undertake all this work.

I strongly disagree with the time period being contemplated by the Minister because I think the municipalities require more time to consult with their hamlet council members and with the users at the community level. Each municipality is different and they consult differently. I just wanted to say that I like the changes I see in front of me. They are not drastic changes like I thought they were, Mr. Chairman. Instead of getting a 100 per cent subsidy from the government, it has been changed. They were originally only thinking of 50 per cent, but they changed their mind to a 90 per cent subsidy. I would live with that, but I think that consultation should have occurred as soon as the decision was made by the Cabinet. Unfortunately, the department hasn't communicated this back to the municipalities or even to the Association of Municipalities.

Those are the concerns I have, Mr. Chairman. I just wanted to ask the Minister if he could outline the consultation undertaken by his department with the municipalities. From what I understand from the municipalities in my riding and by talking to the executive members of the Association of Municipalities, there has not been ongoing consultation pertaining to the water and sewage services subsidy policy. Mahsi.

The Chair

The Chair Tony Whitford

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

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. First of all, I would like to apologize once again to the Members for the manner in which the Members found out about the amendments to this policy. However, I believe it is an amendment to a policy which was not equitable to the communities across the territories. The amendments that are being made to this policy make it equitable for all communities.

I think a decision like this, to pick the pockets of the residents of the Northwest Territories, is a very difficult decision that was made. Whenever a government such as ours has to make amendments of this type and decisions like this, it is very difficult. The timing of such an amendment is difficult in that there is really no right time. There was to be an announcement made by myself in the form of a Minister's statement. However, the statement didn't come through early enough to be made here in the House. I apologize for that. That statement was not made earlier in the House, but it still is an amendment that had to be made to make all communities equal in the subsidization for this program.

As for the consultation, it is something that has been mentioned in the annual general meetings of the Association of Municipalities. I think that the department is trying every way to make it smoother for communities to be able to accept this amendment to the policy. The departmental officials in the regions are working with each individual community to try to ease this policy. For the consultation part of it, with the policy having been introduced in 1987, it started out to be a policy which was using Yellowknife as a base rate. However, they didn't go far enough with the policy to make it equitable amongst all communities in the territories. I understand that communities are aware of this policy and the manner in which it is run.

I have also indicated that the water and sewage rates in the city of Yellowknife, which are used as a base, have increased since the policy was introduced in 1987. I also understand that the policy was amended in 1990, which affected some municipalities. So it has been four years, Mr. Chairman, since this policy has been amended. The amendments being made at this time are making it equal for all municipalities in the Northwest Territories. I think it is a roundabout way of saying there has been consultation, but for any more details on the consultation, I would have to ask Mr. Menard to elaborate. Thank you, Mr. Chairman.

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. The honourable Member for North Slave, Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Thank you. Mr. Chairman, in my view, there hasn't been ongoing consultation pertaining to this particular policy. It is my understanding that the whole issue surrounding this policy was raised, as you indicated, at the annual general meeting of the Association of Municipalities. They agreed that there should be some changes to incorporate tax-based municipalities in this policy to help out municipalities such as Fort Simpson, et cetera. I know it was communicated in recommendation form to MACA. I know MACA has been working on these changes for the last few years. I am saying there was no ongoing consultation, particularly with the Association of Municipalities, as to the status of where this policy was at. If there had been proper consultation, then we wouldn't be here discussing your Minister's statement regarding this policy. That is where the policy comes in.

It is my understanding if there was ongoing consultation, we wouldn't have this problem. Unfortunately, that wasn't the case. It is my understanding that even the draft recommended policy that went to Cabinet was never discussed with the Association of Municipalities to get their views. Nobody said here is what we are planning to recommend to Cabinet, can we get your views on this before it goes to Cabinet. Then the association would have done their homework and I am sure they would have agreed with it because they initiated this move to make changes in this policy. So I would assume the association would have agreed with the department. Unfortunately, that didn't happen.

That is where I see the problem. It was a breakdown in communication. Even after the decision was made, the policy changes were not communicated to the Association of Municipalities. I brought it to their attention a week ago. I said, are you guys aware of these changes? They weren't aware of them. I was fortunate enough that they just happened to have their executive meeting in Yellowknife last week. I asked them to discuss these changes and they raised many concerns about them, as I indicated in my Member's statement. They said there was no ongoing consultation, although they began this whole initiative.

Secondly, they said, why are they doing this to us after we set our budget and went through that whole process? Of all departments, MACA knows the process that municipalities have to go through. There are some questions now with the municipalities that are in a deficit situation. I recall about ten municipalities that are in a deficit position in their water and sewer program. They have a recovery plan. If we go ahead with these changes, we are no longer giving them a 100 per cent subsidy, we will only be giving them a 90 per cent subsidy. That is going to affect their recovery plan. That is another additional concern they have raised.

I am just saying, Mr. Chairman, that overall I agree with these changes. I am sure the Association of Municipalities and their membership would agree with these changes the Minister is bringing forward. But it is the lack of consultation by the department that is the problem. Now they are saying we want to implement this by June 1. I am trying to suggest, by raising these concerns, that June 1 is not the right date. I would suggest strongly to move the implementation date to August 1 or September 1, so municipalities can assess the impact on their own communities and how they are going to consult with the users in their communities. The rates in these municipalities are all going to vary, as my colleague from Inuvik pointed out, from $55 to $123. That's over a 50 per cent increase. I'm sure the users aren't going to be too happy in Inuvik. The municipalities, themselves, have to determine the best method to communicate to their community members. That's where the problem is. I'm strongly suggesting to the Minister, and his colleagues on the other side of the House, that they reconsider the implementation date of this policy.

Mr. Chairman, those are the concerns I have about this policy. From my understanding, this lack of consultation is what is causing the problem, it is not the meat of the policy. As the Minister said, now it is going to be equitably distributed across the territories. I'm sure everyone agrees with it, even the Association of Municipalities agrees with it. But, because we didn't have ongoing consultation, that is where the problem lies. To satisfy the municipalities, Mr. Chairman, I'm suggesting that the Minister and the Cabinet reconsider the implementation date and to move back and give them some breathing room. All the communities are going to be affected. I wonder if the Minister can comment on the suggestion I'm making? Thank you.

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. At this point time, I would like to draw to your attention to His Worship Harry Aknaviaak from Cambridge Bay, who is in the gallery.

---Applause

You know of whom I speak. Welcome to the Legislative Assembly. Kelvin, you can come back down now.

---Laughter

Thank you, Mr. Zoe. Mr. Minister.

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. With regard to ongoing consultation, this is something that has been discussed well before my time, so I would have to refer that to Mr. Menard or Mr. Christensen. The policy, which has been in existence since 1987, gives a 90 day time period to inform municipalities, which I understand is sufficient time for municipalities to change their by-laws to come in line with any amendments that may be made to the policy.

With regard to the municipality of Inuvik, I understand that is an anomaly and it is being dealt with, I believe, in a manner in which the residents of Inuvik should be able to handle. Over the period of time that this policy has existed, the community has enjoyed the rates they have been paying for water and sewage services. To the suggestion the Member is making, I would have to bring that to Cabinet for their consideration.

I would like to ask Mr. Menard to respond to concerns about ongoing consultation.

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Menard.

Menard

Thank you, Mr. Chairman. Even though the executive of the Association of Municipalities indicated to the Member that there was no ongoing consultation, we have been dealing with some municipalities on a daily basis for two years now. We have been making them aware of the changes that are coming about. Some of them have been happy to receive the news and some of them have not been so happy. It depends who they are. I think I spent more time talking to the mayor and the administrator in Fort Simpson than I have ever talked to anyone in my life. I have talked to them every day, and they are anxious to get in line with the policy.

The only thing we could not consult with them about was the rate change, itself, because we didn't know what Cabinet was going to approve. So, that was not done. As far as the association, the executive director works right in our building and I talk to her on a daily basis. She has been well-aware, not officially in writing, but on a verbal basis, of exactly where we have been with the policy.

Regarding hamlets, I've personally dealt with the mayor of Rae-Edzo, the mayor in Rankin Inlet, a lot of mayors. They've been waiting for the policy changes and are aware of them. They just don't know what the rate is. We only got official approval towards the end of March. In fact, I broke protocol by advising some municipalities of it because they were anxious to hear about it, even before the Minister had a chance to announce it. That wasn't the right thing for me to do, of course, but I did it to try to help them out so we could review the impact of the policy amendments on their municipalities.

We know we need at least 90 days before we can implement the policy, to give the users a chance to adjust to the rates, to rationalize them and to ensure they watch any hardship cases that might arise. We don't know all the impacts this will have because every tax-based municipality is different. Some hamlets are different too. We are hoping during the next few months that we will be consulting with them on a detailed basis, knowing what the rates are.

We have been consulting on an ongoing basis for the last two years, not in writing or anything like that, but unofficially. As we see each other -- and we see each other often -- the superintendents have been preparing the communities for changes, the same way as they advise us when they have to change their rates. We consult, sometimes, a year in advance. Some of the reasons some of them are in deficit situations is because they have to change their rates. There have been ongoing discussions about that. It sometimes seems to be easier for them to change their rates when they have to increase them than when they have to decrease them because they are collecting too much revenue and they have too large a surplus.

As far as timing, we'll have to go back to Cabinet to get permission because we are running out of time for the 90 days, as required. We probably are going to have to ask permission to push the date back because we need the time for consultation about the effects in each community.

As far as the deficits in each community, we have dealt with some of the ten communities that are in a deficit position. They know what they have to do about it and the by-laws have already been changed. The consultation did take place. I might also add that we did consult with some MLAs as well. In fact, Mr. Antoine was in touch with us a few times and we kept him advised of how things were coming along, but, again, we didn't know about the exact rates. If we delayed it too much across the board, then it might cause some hardship for some municipalities like Fort Simpson, because they want to get on it as soon as possible, and the same thing with Hay River.

The Chair

The Chair Tony Whitford

Thank you, Mr. Menard. The chair continues to recognize Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Mr. Chairman, that's the point I'm trying to make. If there was ongoing consultation, if the association was aware about the recommendation that you brought forward to the Executive, if they had known about it ahead of time, they would have had ample time to consult their membership. They could have said here are the ball park rate changes the department is looking at, but they required Cabinet approval and this is what we are going to recommend. If the department would have done that, then we wouldn't have this problem now with consultation. Right now, because there was nothing official, and all of the sudden it was approved, there is a problem. That is what I mean by ongoing consultation. If they were aware of the proposed rates that the department was recommending to Cabinet, they could have done their homework. Unfortunately, that wasn't the case. That is why we are running into this problem. Now everyone is scrambling to see what kind of effect it will have on them. The deputy minister indicated that he advised the tax-based municipalities -- two or three of them -- of the initiative of this policy, but the non-tax-based municipalities haven't been advised yet. They are anxious to see what impact it will have on them. I am saying because there was a lack of consultation, the time frame of 90 days is not long enough. I think we require a longer period. I am suggesting to the Minister and to his Cabinet colleagues that maybe we should implement this policy in August or September 1. That much time is definitely required.

Some of the municipalities are eager to get into this policy. They have been waiting for a long time. I know MACA has been working with them on a special case basis on their water and sewer, So I don't think it will have a drastic impact on them by not implementing the policy on June 1. I am sure they can wait for another three months. Thank you.