This is page numbers 739 - 772 of the Hansard for the 13th 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 community.

Topics

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 768

The Chair John Ningark

Thank you. Welcome to the committee. Mr. Krutko.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

Mr. Chairman, I would like to make a motion to report progress.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. There is a motion to report progress. However, I do not have a quorum. I will ring the bell. The Chair recognizes a quorum. There is a motion to report progress. It is not debatable. All those in favour? All those opposed? The motion is defeated. We are on general comments. We are dealing with Public Works and Services and Mr. Antoine is ready to receive general comments. Are there any general comments? Mr. Roland.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik

Thank you, Mr. Chairman. On the Minister's opening remarks an issue that I would like to have some information on is the maintenance agreements and to what communities are they open to and what is entailed in a maintenance agreement. Is this a form of privatization where you are giving your buildings, works and employees over to the hamlets or municipalities? There is an issue I would like to have some more information on when the Minister is responding to our remarks.

As well, the petroleum products area is an issue of concern for myself, although Inuvik is in a private sector, or is into the private market when it comes to fuel and that. One thing I think we felt was an impact on when Public Works received the contract for its fuel now being delivered out of Strathcona, it has had an impact in the way it gets dealt with now. I believe when it was out of Norman Wells there was a significant area fund agreement with the Government of Canada that controlled the way they could bill for gas and diesel coming out of Norman Wells. Since you have gone down to a different location that agreement no longer applies. This is an area of concern for me because we have seen quite a hike in diesel and gas prices in the last year, home heating oil as well. I know that Inuvik, as well as Norman Wells and Aklavik, fall under a different area, but we were told as part of the agreement when it was signed that there would be no significant impact with that. We are finding that there is actually an impact. That is one of the areas where we have concerns from the community that I represent. As I said earlier, I would like to get some information on the maintenance agreements and what they entail. Thank you.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 768

The Chair John Ningark

Thank you. I hope our Minister and his staff will be keeping notes because the general procedure we do in the general comments is after everyone has made a general comment, we allow the witnesses to reply in the end. At this point I will not recognize the Minister or any of the witnesses until everyone who wanted to speak has spoken. I have on the list Mr. Erasmus.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Thank you, Mr. Chairman. I understand that this is the final budget that our deputy minister in this area will be doing as he will be leaving the government after a long period of service. I wanted to indicate the appreciation I know a lot of us feel for Mr. Lovely's long employment.

--Applause

Mr. Chairman, I know he has been around a long time. I first met him, I believe it was '72 or '70, thereabouts, when we were with the Arctic Winter Games Volleyball Team. It seems like a long time ago. He has been with the government ever since. I would like to wish him all the best in his future endeavours and once again, I would just like to thank him for all the service that he has put in.

Mr. Chairman, one of the things that I wanted to comment on is the community maintenance agreements. The Minister had indicated that there are ten maintenance agreements operational in communities and there are discussions in 19 more. Are these maintenance agreements, such as community empowerment, where communities are taking over the implementation of these services? Also, what I wanted to know is if there is any additional training involved to ensure that the process works smoothly after the take over? I noticed that the department is working with MACA to ensure this, but I was wondering if we could get some further explanation on how this is being done? Thank you.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 768

The Chair John Ningark

Thank you. Members, this is your last opportunity to question the Minister. Mr. Minister.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. The previous Member, as well, mentioned the maintenance agreements that I made reference to. It is an interim step toward community empowerment and it is a community empowerment initiative. Through these transfers the responsibility for maintaining buildings and works in a community is turned over, transferred over to community governments. The facility ownership is not transferred, just maintaining the buildings and the works. The funding is provided by Municipal and Community Affairs and is transferred from Public Works and Services through MACA. These community governments then fund, and are responsible for such things as, maintenance of schools, health centres and other facilities in their communities. Through these agreements that are now operational, we have: Cape Dorset, Tuktoyaktuk, Holman, Pelly Bay, Fort Resolution, Pangnirtung, Baker Lake, Cambridge Bay, Taloyoak and the Hay River Reserve First Nation. For the other 19 agreements, we are in the draft-

agreement stage, they are: Tsiigehtchic, Repulse Bay, Arviat, Pond Inlet, Resolute Bay, Clyde River, Coral Harbour, Tulita, Chesterfield Inlet, Whale Cove, Aklavik, K'asho Gotine, Fort Resolution, Kugluktuk, Broughton Island, Deline, Sachs Harbour, Detah, Ndilo, Snare Lake, Wha Ti and Rae Lakes.

Further on, there are preliminary discussions that have been initiated now with Jean Marie River, Lutselk'e, Trout Lake, Paulatuk, Kimmirut and Sanikiluaq. Those are the community maintenance agreements I mentioned and tried to explain what they are and the training involved. Once these maintenance programs are turned over to the communities, the department goes back on a regular basis to see how they are doing and any place where there is a requirement for further training, then those are initiated.

Regarding Mr. Roland's concern about the fuel, petroleum products situation, a little bit of history, Imperial Oil submitted a proposal containing two options and one of them was for diesel and gasoline products to continue to come out of the Norman Wells refinery. The aviation products would come from Imperial Oil's refinery in Alberta, the Strathcona refinery, and delivered to Hay River. That is option one. They also included a second option, that all products coming out of the Alberta refinery outside of Edmonton, the Strathcona refinery, be delivered to Hay River. This is the option that eventually won out because of the good price. Option A, the first option from Norman Wells, included pricing for products to be sold through Imperial's agency in Inuvik, Aklavik and Norman Wells. That is the fuel that would be sold from the Norman Wells refinery.

The price regulation authority under the Proven Area Agreement of 1944, which Mr. Roland is referring to, would come into effect if Option A was chosen. However, Option B was chosen, and it did not include a proposal for Imperial's agency because the products would be coming from the south, and it is not coming from the proven area. As a result, the Proven Area Agreement with its authority to regulate price had not been in effect. As a result of that, that arrangement they had from Norman Wells to Inuvik and Aklavik as well, did not apply. Imperial Oil's Option B was selected because of the best overall value to the Government of the Northwest Territories, as well as to the NWT Power Corporation. As a result, a three-year contract was awarded to Imperial Oil in Option B and this expires at the conclusion of the 1998 re-supply season. Again, the Government of the Northwest Territories does not provide the petroleum products to the town of Inuvik. It is done through a private outlet. It does not have the ability to regulate private pricing of the petroleum products in that community. I hope this is the information that the honourable Member is looking for. Thank you, Mr. Chairman.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Because Mr. Erasmus was the last name on the list who wanted to speak, I allowed the honourable Minister to respond. Mr. Krutko, do you wish to make a general comment? Mr. Krutko.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. In regard to the maintenance agreements you mentioned Aklavik in your discussions. Aklavik had a problem when they were looking at taking over the whole aspect of Public Works where they maintain the water treatment facility in which they were looking at taking over that responsibility. One of the things they have learned is, that by taking that responsibility over, the human resource persons that were involved with Public Works for years, did not come along with that transfer. The community was stuck in the position where they were going to lose the community foreman to run and maintain the water treatment plant in which they had no experience, no training or anything. Through that experience, it has opened my eyes up to the whole idea of these maintenance agreements. The idea is great, but we have to ensure we have people in place who have been there for years, who know the plant, the facility inside out, so that if you are going to take anything over, you have to allow the human resources to go along with these transfers. Especially, in regard to systems that have been around for 20 years where people have worked there from day one, who know the facility inside out. They know when something happens to the facility and where you have freeze-ups when it gets cold. In implementing these agreements, there has to be assurances through these agreements, that there is the protection in place to allow those individuals who have been with the department, to also go with these transfers, to the municipalities. Also, not only human resources, but also the resources have to go too, in regard to the salaries and benefits those individuals received for the years they have put in with the government.

The other area I want to touch on is petroleum products, in which I have been in discussions with your former colleague and yourself, Mr. Minister, the area of petroleum products in regard to privatizing certain sectors of that industry, especially where there is an interest being shown by particular petroleum organizations.

In the case of Fort McPherson, the band, along with a joint venture arrangement and the band council in Inuvik own the gas station in Fort McPherson. They were looking at the business of not only selling gas, but also developing fuel products for the community. In light of that, the community has been asking the Minister to look at the possibility of either tendering the process out, or looking at privatizing it, where they want to get into the petroleum industry in a big way. One of the proposals that went forth to Esso Resources, the Gwich'in Development Corporation also submitted a bid in which they were disqualified on the basis they were involved with a joint-venture company which was based in Seattle, Washington. They are still interested in looking at that sector regarding the connection between the Gwich'in aboriginal organizations in the Northwest Territories and also in Alaska. The whole area of privatization and looking at that sector allowing communities to consider those initiatives, should be opened up and allow the communities to seriously consider looking at that particular industry with regard to privatizing it. I would like to ask the Minister, what is being done in regard to these issues that I mentioned? In regard to Aklavik and the transfer of that maintenance agreement, I believe it was only in place for a couple of days because they realized the human resources they had were not adequate. They did not have the capable, trained people to take on such a responsibility and they gave it back to the Department of Public Works and also the area of petroleum products. Thank you.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 769

The Chair John Ningark

Thank you. Before I allow the

Minister or the witnesses to respond or reply to general comments, I would like to ask if there are any other Members who wish to make a general comment? Mr. Ootes.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Mr. Chairman. I have a question as to whether the Minister would answer Mr. Krutko's specific question first, or whether you want me to go ahead with my comments.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 770

The Chair John Ningark

Thank you. What we do here, Mr. Ootes, do we try to follow this general rule we decided on a couple of weeks ago? We do general comments. At the end of all the general comments, the Minister will respond. I know they are taking notes. Mr. Ootes.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Thank you. I would like to comment a bit about the whole area of government methodologies of contracting. The government is spending an awful lot of money in the non-competitive contract areas and there are many of those. There are the negotiated contracts and there are sole-sourced, but in some of the smaller areas, there are construction management and site superintendent service contracts, and recently of course, we have become accustomed to the request for proposals. It is certainly evident there is a place for all of these types of contracts, but there needs to be clarification of exactly what are the

regulations of these contracts and under which guidelines do they operate. In many cases, contractors have complained that when they do not win the contract, they do not have sufficient information fed back to them to allow them to analyze why they were unsuccessful. Their concern is, they want to know so they can improve their bidding process. As I say, I have had a couple of contractors contact me in that regard. This is one area.

The second area of concern with the contracting system is, we do not seem to have what I would call, one package that clearly identifies the types of contracts and conditions. We have passed two motions in this House, in regard to non-competitive contracts and that was passed last May and then, one on requests for proposals last October, in both cases, seeking clarification on the methodologies. It is a concern out there. Also of concern is the amount of money which is starting to go to tenders, straight bidding and tendering into these various methods of contracting. I am sure everyone can appreciate when you go for a request for proposal, it is a totally different system that is not as open to scrutiny. It is subject to interpretation comparatively to a public tender. It is a definite area of concern that is heavy out there. So, that is one area.

The other area I have a question on, Mr. Chairman, and perhaps, I can receive an answer from the Chairperson on this. I would like to ask some questions in regard to the Yellowknife office plan that was developed. Is it more appropriate to be done under the directorate, then, in general comments? I will ask for the Chairman to clarify this for me because the directorate would have some responsibility for instituting policies and procedures. I do not want to wait until I get to asset management and then find out it does not belong there because the directorate would follow which procedures and processes and how the policy was developed with respect to the office plan for Yellowknife. Thank you, Mr. Chairman.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Ootes. We can ask a general question, but if the Minister wishes to respond at the end of these general comments that is his prerogative. Any other general comments from the floor? Mr. Minister, would you now like to respond?

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Yes, I would like to respond. Mr. Krutko asked about maintenance agreements speaking about his constituency of Aklavik in regard to specifically the agreement with the water treatment area and it had to deal with a situation that did not really work out and of all the different maintenance agreements the intention is good by the department. However, we ran into certain problems and in this case the department ran into some problems with regard to Human Resources. I would like to turn this over to the deputy minister who has had hands on experience with this, Mr. Ken Lovely to maybe elaborate more on the situation.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Lovely.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Lovely

Thank you, Mr. Chairman. In general, the terms of the community transfer agreement seem to be working out quite well. They give communities the opportunity to have some experience at managing budgets and staff, and handling responsibility for all the buildings in the community. However, in some cases, we have encountered difficulties such as the one Mr. Krutko mentioned. In spite of everybody's best efforts it just did not work out. We abided by the community's wish to turn the responsibility back to the department, but I do not think we have given up on the potential for a similar transfer for sometime in the future, if we are able to satisfy the community that the skills they need to run the water treatment plant would be available to them. Sometimes these things take a couple of tries before they are successful and it often takes quite a while for us to work with the community as they get used to the new responsibilities and acquire a bit of training. In general terms, so far we have had good experiences and communities have started to recognize that some of the advice and assistance we provide is useful. They are no longer feeling as though they need to keep us at arms length. I think it is working, generally, fairly well.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Antoine, carry on.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. In regard to the petroleum products situation in Fort McPherson, there is an existing supplier with a long-term contract with Public Works and Services and that long-term contract ends in the year 2001. There is a legal matter of looking at that and honouring that contract. There was a letter that was sent to the interested party in this regard. The department did meet with the community, and, subject to dealing with the long-term contract, perhaps having to wait until it is over, in order to honour that contract, the department is open to looking at other types of innovative and new arrangements that the Member for Mackenzie Delta mentioned. Mr. Ootes mentioned when dealing with the Yellowknife office plan, in a couple of places we would suggest the role of the deputy minister falls under the directorate. I think there was some concern about the authority of the deputy minister and some decisions. Perhaps it might be a good area to address that at that time. For the overall contracting agreement you want some clarity on what are the regulations in regard to non-competitive contract area and you are seeking clarification on the methodology. Perhaps I could turn it over, if we have time, to the deputy minister because he is eager to get into this part of the discussion. Thank you, Mr. Chairman.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

We have a few seconds to spare. Mr. Lovely.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Lovely

Mr. Chairman, this is a very complex issue, one in which I will not necessarily deal with the questions in the exact order they were presented. There are a variety of different types of processes that are involved when we contract. We did put together a draft negotiated contract policy in response to a request from the Legislature last fall and that was forwarded to the standing committees for review. A document was circulated to Members early last year called PWS contracting methods which provided an outline of how we deal with tenders and proposals and sole source within the Government of the Northwest Territories. I should make it clear that the Department of Public Works and Services does not have the responsibility for regulating the practices of other departments in the way that they follow their contracting. We deal specifically with those areas for which we have responsibility. The rules that guide us in contracting are in the financial administration manual.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I have to recognize the clock. It is 6:00 p.m. Mr. Minister and witnesses, you can continue with the responses tomorrow when we return to the committee of the whole. Thank you. I will rise and report progress. Thank you.

Committee Motion 14-13(5): To Streamline The Process For Applying And Receiving The Property Tax Subsidy
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Speaker Samuel Gargan

Good Evening. We are on item 20, report of committee of the whole. Mr. Ningark.

Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole

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John Ningark Natilikmiot

Thank you, Mr. Speaker. Your committee has been considering Bill 8, Appropriation Act 1998-99 and Committee Report 03-13(5) and would like to report progress with three motions being adopted. Mr. Speaker, I move that the report of committee of the whole be concurred with.