This is page numbers 441 - 481 of the Hansard for the 13th Assembly, 6th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was nunavut.

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Further Return To Question 232-13(6): Deputies Working Group On Conflict Issues
Question 232-13(6): Deputies Working Group On Conflict Issues
Item 6: Oral Questions

Page 453

Goo Arlooktoo Baffin South

Thank you, Mr. Speaker. As I indicated earlier, this is an issue that I will bring forward to the new Premier. It is my wish that whatever process, we undertake as much credibility as possible. I am still in the process of reading the Conflict of Interest Report and so are many others. There are areas of concern and things that I do not quite understand in the report. It would be premature at this time to start responding to them but we could look at ways of how we can start responding. We need the process here in the House to take place and the work that is being done by the deputies be done at that bureaucratic and professional level. We can then ask the new Premier to do what the Members ask. Thank you, Mr. Speaker.

Further Return To Question 232-13(6): Deputies Working Group On Conflict Issues
Question 232-13(6): Deputies Working Group On Conflict Issues
Item 6: Oral Questions

Page 453

The Speaker

Oral questions. Mrs. Groenewegen.

Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 453

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. My questions today are for Mr. Todd in response to his Minister's statement today, contracting with former employees. Mr. Todd has laid out here many of the things that the post-employment policy is not intended to do. He said it is not intended to restrict the movement of former government employees from the public to the private sector and he also mentioned that the government is such an open institution that hardly anything that the government does could be considered confidential so that would preclude a lot of these matters from being considered under the post-employment policy. After all of the debate and tension that has been paid to this particular subject, could Mr. Todd please tell the House, what is the purpose of the post-employment policy? Thank you, Mr. Speaker.

--Applause

Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 453

The Speaker

The Minister of Finance, Mr. Todd.

Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 453

John Todd Keewatin Central

I thought I had explained it in my statement but the purpose of the policy is one, to protect, if you want, the interest of government to ensure that there is a level of fairness with former employees, whether they be deputy ministers or senior officers, et cetera, to tread very carefully between the collective rights and individual rights.

My point about the economy and the government, we all know the government has a huge impact on everybody's business across the territories and we need to ensure the policy protects the individual rights of deputies and senior officers who may come back to work for the government. It protects the collective rights of the government and the public purse, if you want, to ensure that individuals are not using, I think the term was undue, what was the term I used, I cannot remember, undue influence, if you want, or using the knowledge they have gained while in government to exploit government contracts. I have said that the policy and the criteria were done in 1986. It clearly, because of this issue, I suspect maybe we should have looked at it earlier, but because of this issue we have to re-address it, that is what I intend to do.

In summary, I think, it is there, I believe it is there to protect the interests of everyone. To protect the interests of the collective, protect the interests of the individual and to ensure that everybody gets a fair hearing, and the government gets value for money. I think, at the end of the day, the approach we have taken, the criteria we have set, is a valid one. It has been since 1986, but we are prepared to re-examine it, given the current controversy and concerns that has been raised.

Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

The Speaker

Oral questions. Supplementary, Mrs. Groenewegen.

Supplementary To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Speaker, Mr. Bailey, as the secretary to Cabinet was the most senior bureaucrat in the Government of the Northwest Territories. The deputy ministers of all departments answered to him in a reporting relationship. Is Mr. Todd saying today that the post-employment policy of the Government of the Northwest Territories did not apply to Mr. Bailey? Thank you, Mr. Speaker.

Supplementary To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

The Speaker

Mr. Todd.

Further Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

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John Todd Keewatin Central

Mr. Speaker. What I am saying is I was not directly involved with a number of these contracts. I am advised that the government's guidelines, government contracting with former employees was not violated in these contracts. That is what I am saying. That is what I am being told. That is what I am saying.

Further Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

The Speaker

Oral questions. Supplementary, Mrs. Groenewegen.

Supplementary To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Speaker, Mr. Todd in his Minister's statement here has laid out a number of very technical differentiations, trying to deflect attention from the issue. These are technical issues. Does Mr. Todd, as the Minister responsible for enforcing the post-employment policy, did he or has he since given any consideration to the public perception that the awarding of these contracts created? Thank you, Mr. Speaker.

Supplementary To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

The Speaker

Mr. Todd.

Further Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

John Todd Keewatin Central

Mr. Speaker, let me assure my honourable colleague this is a very serious matter that had a considerable amount of attention over the last three or four years. I am not trying to deflect anything. I believe my Minister's statement was trying to give clarity to the way in which the government does its duty as it relates to former employees. What I am trying to present here are the facts as they are laid out in the guidelines and policies. Public perception on all issues depends on who you talk to. It depends on who writes the editorial, depends on who is on the radio, et cetera.

What I have said is, in a serious effort to try and re-examine what we are doing, our department right now is going to complete a survey of practices in other jurisdictions. That is important. We are going to research the case law that is relevant and to assess what changes we need to take to the approach my honourable colleague raises. I have also said, once it is done I will communicate to the Members of the House, either in the House or by letter. It is a genuine effort on this government's part to bring clarity to the issue. At the end of the day, quite frankly, to aid the contracting departments, so they have it clear whether or not a particular person, because there are about 250 of them out there, requires a waiver or does not and do they meet the criteria set under the guidelines. Definitely we have to re-examine them. I would have to say to my honourable colleague, we will do that as quickly as we can.

Further Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

The Speaker

Oral questions. Final supplementary, Mrs. Groenewegen.

Supplementary To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Todd also, in his statement, referred to unfair market advantage, in this case, can only arise from undue exploitation of knowledge gained while employed. Mr. Speaker, what does the Minister have to say about the contact gained while employed with the GNWT? The associations, the friendships, the networking, all those sorts of things. He is talking about knowledge. What about the knowledge of the players who award these contracts and who are in positions of authority to see that these people are awarded contracts? Thank you, Mr. Speaker.

Supplementary To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

The Speaker

Mr. Todd.

Further Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 454

John Todd Keewatin Central

I will try and answer that. If you are talking about a construction contract that is publicly tendered, then the Department of Public Works through whatever mechanism they have in place, makes that award. If you are talking about an RFP for another department, that department makes that award. I do not know anything about associations.

Everybody knows everybody in the north. I know people from Pond Inlet to Tuktoyaktuk. I know people from Grise Fiord to Hay River and they are all my friends, as my colleague says, or used to be. That is a very awkward question to answer. I am sure my colleague appreciates that everybody knows everybody in the north. I cannot answer that question in manner that would satisfy my colleague. I know the policies, the guidelines are clear. Whether it is an RFP, whether it is in tenders, whether it is a negotiated contract, et cetera. That is only the best way I can answer. I cannot define whether somebody who knows Mr. Picco or somebody in this House in the communities is making a decision on something that may affect them. I do not think that is a very fair question, personally. I just cannot do it.

Further Return To Question 233-13(6): Contracting With Former Employees
Question 233-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

The Speaker

Oral questions. Mr Erasmus.

Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. My questions are for the Minister of Finance. They have to do with the contracting with former employees statement he made a little earlier today. Mr. Speaker, we heard that clause 14 from the Conflict of Interest guidelines indicates former employees are restricted from doing business in areas that they have confidential information on. They are restricted for one year. Is there a way to be excused from this policy, such as, for instance, by requesting to be exempted from this clause?

Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

The Speaker

The Minister of Finance.

Return To Question 234-13(6): Contracting With Former Employees
Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

John Todd Keewatin Central

Yes, Mr. Speaker, there is. Employees can, if they are in conflict with the guidelines as set out, seek for a waiver of that particular situation. Yes.

Return To Question 234-13(6): Contracting With Former Employees
Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

The Speaker

Oral questions. Supplementary, Mr. Erasmus.

Supplementary To Question 234-13(6): Contracting With Former Employees
Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

Roy Erasmus Yellowknife North

Thank you. Mr. Speaker, since we began our term, could the Minister indicate were the majority of the requests that have been put in allowed or were they refused?

Supplementary To Question 234-13(6): Contracting With Former Employees
Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

The Speaker

Mr. Todd.

Further Return To Question 234-13(6): Contracting With Former Employees
Question 234-13(6): Contracting With Former Employees
Item 6: Oral Questions

Page 455

John Todd Keewatin Central

Well I have to be perfectly candid with you. I have not had a single request across my desk in the time I have been the Finance Minister. Why would that be a shame? I have not had a single request, Mr. Speaker, if I could have the courtesy here of answering a very serious question. I have not had any requests across my desk asking any deputy minister, any senior officer of which we have over 330, for a waiver. I will double-check because my memory these days, as I get older, does tend to get a little forgetful, so I will double-check. I have not, quite frankly.