This is page numbers 773 - 799 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 chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 792

John Todd Keewatin Central

Mr. Chairman, if I may. We can provide through the FMB and Cabinet the policies and the spending authorities of everybody, right down to a clerk. Perhaps that way we will have some clarity and get on with the budget as we were supposed to do. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 792

The Chair

The Chair Vince Steen

Thank you, Mr. Todd. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. I do not want to cause extra work to already overburdened FMBS staff. I am interested senior management, deputy level. The clerical positions are not something I need.

I have another question for the Minister, possibly the deputy minister. As a senior manager, the most senior non-elected official in the department, when there are items which are perceived to have political sensitivity, there is a role of protocol where you alert your superiors or your political masters, I suppose for lack of a better word, of possible politically sensitive issues. Could the Minister tell us when, in fact, he was contacted by the deputy minister that this issue had political ramifications? Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Miltenberger. Mr. Antoine.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. I would like to ask the deputy minister to provide some information on that. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Antoine. Mr. Lovely.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Lovely

Thank you, Mr. Chairman. I have a copy of my own financial signing authority spread sheet which Mr. Antoine has indicated he would be prepared to copy and pass it out to Members to show how it works for one deputy minister. We could do that immediately.

With regard to the Lahm Ridge Tower lease, I was particularly concerned with the political implications or the perceived political sensitivity of that particular lease. I made a point of not discussing it specifically with my Minister, who, at that time, was Mr. Arlooktoo. I felt that, and still do feel very strongly that, the reason deputy ministers are given full signing authority for these kinds of matters is to take them out of the political arena and ensure contracts are awarded under my authority through the competitive process. The Lahm Ridge Tower lease was awarded in 1985, through the competitive process, and it had provisions in it for two five-year extensions. It was published at the time that the competitive process was finalized in 1985, so all bidders who submitted a proposal were aware if they were successful in getting the lease, that there was the ability to extend it upon mutual agreement of the parties. When I reviewed the request and realized we were in a position to negotiate better arrangements than were currently in place, I examined the lease in minute detail to be sure I had the authority to do it. I forged ahead to try to finalize the deal as quickly as we could. It happened at the time the Yellowknife office space plan was going through its tenth or twelfth iteration.

I had been to deputy ministers on at least six occasions discussing a variety of approaches the government could take to deal with its need for office space on a long-term basis. I had reached a consensus with the deputy ministers about which recommendations would be made to Cabinet, and three options were proposed to them. This occurred, in fact, the Minister of Public Works and Services signed the options' paper on July 31, 1997, just at the time we were negotiating with the former owner of the Lahm Ridge Tower. It was clear to me that it was not in the best interest of the government to get out of the lease. Two major government departments were residents in the building preparing for division and dealing with some fairly sensitive client needs in terms of both education and transportation.

I took a look at the implications of going out to the competitive process and negotiating new lease arrangements, recognized the disruption that was involved. The $1.5 million in tenant improvement costs the government was likely to incur, were not worth the benefits, of perhaps, getting a marginally lower base rent on the facility. Therefore, in conjunction with the deputy ministers of both departments who occupied the building, I made the decision to finalize the extension negotiations, and we proceeded to make the formal arrangements with the owner.

We knew at the time the owner was negotiating with a northern firm to purchase the facility and that the owner would have been in a better position to sell the building if he were able to show that he had longer term government leases which would provide some financial stability and would probably make it a bankable proposition.

It was not really relevant to us at that point who the northern business was. We were only concerned about dealing with some long standing problems. We felt we were paying far too much for utilities in the building, and the owner agreed to make changes which would cut our utility costs by $500,000 over the life of the extension.

We moved into that building in 1985, when it was opened, and I know how difficult times were, when the air handling equipment did not work, for example. We negotiated with the owner to replace the HVAC system, the air handling equipment, and he made that investment. On balance, when we reviewed the financial arrangements involved, we felt that it was a good deal and finalized the negotiations with a view toward signing the lease extension as quickly as possible. At no time did I talk to my Minister about the negotiations that were underway. My recollection is, I may have discussed it with him about a week after the event. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Lovely. Mr. Minister, a large portion of that response was directed to activity assessment management. I urge the committee to stick to the activity at hand. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. I would like to thank the deputy for that thorough response. It was almost ministerial in length. I have one question, if I may. If you think it is more appropriate I ask it under a different activity, let me know. I have a question about RFPs which I see is a policy of the department. I know there is work being done on RFPs, but there is obviously a clear concern that it is not a perfect system which is now in place. On one page you can put out a request for proposals that could be worth millions of dollars that have no detail and then once it is awarded, you have no idea what went on behind closed doors. I was wondering if the Minister could indicate, is there going to be significant and meaningful improvements made to the RFP process, in fact, it is truly transparent and more in line with the current public tendering process? Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Miltenberger. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, there is a request for proposal concern here, and it is a policy of this government which this department also exercises which is in the form of a competitive bid process. There are a lot of details and there needs to be some explanation done in this area to clarify this one. There is enough detail in the request for proposal to make it transparent, and to make it workable, and make some changes to it. The suggestion here is, if we could provide some detail on some of the material, it might help to explain this request for proposal. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Antoine. I have to recognize next on my list, Mrs. Groenewegen, Mr. Ootes and Mr. Erasmus, in that order. Mrs. Groenewegen.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Chairman. I have some general questions in the area of negotiated leases. Mr. Chairman, when there are negotiated leases which are undertaken in a Minster's riding, would that Minister necessarily be aware of those leases through his role as a Cabinet

Minister? Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Mr. Antoine.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, if it is a negotiated lease, then the negotiated lease has to be approved by Cabinet before it is initiated. The Minister would be aware of any negotiated lease including in his own riding. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Antoine. Mrs. Groenewegen.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River

In the case of a negotiated lease, in any Minister's riding, that Minister would not in any way be precluded from knowing about that negotiated lease?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mrs. Groenewegen. Mr. Antoine.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

I would say that, yes, if it is a negotiated lease. It goes to Cabinet for approval prior to it being initiated to start the negotiations. The Cabinet Ministers are all aware of any negotiated arrangements. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 794

The Chair

The Chair Vince Steen

Thank you, Mr. Antoine. Mrs. Groenewegen.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Chairman. Can the Minister think of any circumstances under which a Minister would not be made aware of leases being negotiated in his riding?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 794

The Chair

The Chair Vince Steen

Thank you, Mrs. Groenewegen. Mr. Antoine.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Any new negotiated lease with the Minister, he would be aware of. If there is a situation be where there is an extension of an existing lease that has been there for some time, it might be an area where the Minister might not be aware of exercising terms of an existing lease which has been initiated. Let us say, ten years ago, it expired and you are negotiating an extension. Perhaps, in those circumstances, the Minister might not be aware. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Antoine. Mrs. Groenewegen.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Chairman. When the Minister's department goes to RFP for something, is it considered acceptable for negotiations or alterations to take place with the proponent on the details of the contract after it has been awarded? For example, could the price or the scope of the contract be altered in any way?