This is page numbers 639 - 668 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.

Topics

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 660

Manitok Thompson Aivilik

Thank you, Mr. Chairman. We have interpreters for all of these. They are needed and we do have them translated into Inuktitut. Thank you.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Total operations and maintenance, $924 million. Agreed? Mr. Steen.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Mr. Chairman, was that $924 million?

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Actually it is $924,000. Mr. Steen.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Thank you, Mr. Chairman. My other question is in regard to community empowerment initiatives across departments which is listed here, coordination of these community empowerment initiatives. I had some correspondence across my desk in the last little while where one of my communities was questioning why departments are moving away from transfer agreements even though they have been signed and agreed to and switching over to MOUs? Could I get some information as to why this is taking place?

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Madam Minister.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Manitok Thompson Aivilik

Thank you, Mr. Chairman. I am aware of the correspondence and I will ask my deputy minister to respond to that. Thank you.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Madam deputy minister.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ballantyne

Thank you, Mr. Chairman. Mr. Chairman, yes we are aware of this as well. It is happening in just a couple of instances. One of the things we are doing is putting a generic transfer agreement together. We have been working on this with the Department of Justice and the NWT Association of Municipalities for quite some time now to try to get a template agreement which would be the same with all transfers. We would have a real consistent approach no matter what department was going to transfer a function and one that the communities would know their association had reviewed. From a community government perspective, it is covered off in terms of insurance and liabilities and the other issues the communities would have.

We are following up with the department's concerned on this issue and we will be providing a full report back to both the communities and to the Member on this. It is very important there is a consistent approach from department to department. Otherwise, it does get very confusing but I do not have the answer today. Thank you.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Qujannamiik. Mr. Steen. Qujannamiik.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Thank you, Mr. Chairman. Is the department aware at all as to why DPW wanted to go with a MOU rather than a transfer agreement they had already signed?

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Madam Ballantyne.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ballantyne

Thank you, Mr. Chairman. Mr. Chairman, I honestly do not know what the answer is, but we do have staff who are looking into it with public Works and we should be able to get a quick response back to the Member on that. Thank you.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Krutko.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
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 community initiatives of community empowerment or taking over responsibilities from this government, it is a good initiative. At the end of the day, there always seems to be a lack of resources in the communities which before, if the government had the responsibility, they would have monies available for housing for staff and to ensure the person is highly qualified. Basically, there was certain benefits that came along with those positions. Also, they would have the resources to ensure they would have O and M funds available. They would have capital dollars available, so they could purchase equipment to carry out their functions. In regard to communities, one thing that seems to really be lacking is when they take on these responsibilities, a lot of these add ons are taken away from these community initiatives where the individuals or the community has a portion of a salary for a person's position. A lot of times the individuals have to find alternative office space or basically the community has to subsidize these individuals when they go to work. A lot of these positions are part-time. Before, when the government had it, these were full-time positions. When you talk about the whole area of monitoring and evaluation of community initiatives, do you also allow the opportunity of the communities to identify the faults of these initiatives they have taken on? Such as, not having the adequate funding or not having the adequate training for the individuals who have put themselves in those positions.

One of the concerns I have is that in regard to negotiating claims agreements where we also negotiated implementation agreements which identified the resources that were going to be used to ensure that these dollars were there so that when the boards were up and running the different functions that they had were all spelled out in black and white. You knew exactly how much money was going to be there for the rent, for the phone, for the individual's position, the benefits and everything. In these cases it seemed like you just take on the responsibility with one function which is basically the human resource side, but you do not look at the delivery side also in regard to having to process the applications or ensure that there is adequate training there. You are making sure that you have the money in your funds for benefits such as pension funds, CPP, UIC or all these other functions which add up to the different organizations that take these things on. When you do your evaluations, do you look at all these other functions that come along and do the communities have the ability to go back and renegotiate, identify those problem areas and increase the funds in those different sectors?

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Madam Minister.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Manitok Thompson Aivilik

Thank you, Mr. Chairman. I do understand the Member's comments and they are very good points to be made in this House. MACA is the coordinating role. Each department does the transfer; for instance, if you take income support, that is part of the Department of Education. We monitor the transfer and work with the community. If there are weaknesses in that agreement we can discuss with our partners, but I will ask my deputy minister to clarify that better. Each department in the government is responsible for transferring their function to the community with our assistance. We do the coordination but each department is responsible for the transfers. That is why we are doing a generic template agreement that the deputy minister just mentioned to the Member who was asking before, Mr. Krutko. Thank you, Mr. Chairman. I will pass it on to my deputy minister.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Madam Ballantyne.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ballantyne

Thank you, Mr. Chairman. Mr. Chairman, the issues that the Member was raising, are ones that we have heard from communities as well, and it is one reason why we undertook to get a generic agreement in place. This would allow for a checklist approach that a community could use and that we could also use in terms of our monitoring function to make sure that all of the bases have been properly and adequately covered. The agreement we are working on now covers the transfer of assets to communities. I do think that once we do have this hammered out, and we are close, that communities would know that this agreement has been reviewed independently by the legal counsel for the Association of Municipalities and also by their insurance consultant to make sure that, from a community government perspective, this is a

fair agreement for communities. I think that is going to provide the kind of checks and balances that the Member is looking for to make sure that the agreements are fair to the communities in terms of the resources that are transferred. Thank you, Mr. Chairman.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Krutko.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

When you look at the areas of liabilities in regard to the individuals responsibility that they take on different initiatives, there may also be certain liabilities which are attached to these positions. In regard to an individual who was in a position of trust, where whatever they say to someone tells you something and they breach that trust, that person is held liable. Is the community also protected in such an instance of being slandered by the same or it might be the employee. Not having the adequate insurance or liability insurance to ensure that there is some mechanism that protects, not only the community governments, but also the person who takes on these positions knowing there are obligations they have to fulfil. There is also the question of the trust where you have to swear the question about confidentiality. That is something that also has to be inherent in these transfers. Is there any insurance in place to protect the communities against a lawsuit or whatever because of an action of one of their employees, who have taken on one of these community initiatives in which they find themselves in a lawsuit.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Are the employees bonded? Madam Ballantyne.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ballantyne

Thank you, Mr. Chairman. Mr. Chairman, yes, indeed. These issues of liability and cause indemnification are issues that were under active discussion with the NWT Association of Municipalities both in terms of the generic asset transfer agreement which I have just referred to and also in terms of our municipal legislative review. This is an issue which is of great concern to communities and will be addressed in our phase two amendments. Thank you, Mr. Chairman.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Krutko.

Committee Motion 9-13(5): To Ensure Regular Inspections Of Fire Safety Equipment And Fire Safety Training
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. The other area of concern that I have is that a lot of these positions are underfunded. A lot of these positions are held by women, especially the whole issue of pay equity where we have presently found ourselves in court. I think that it also has to be taken into account that when you look at these positions in the community and because they are female employees they are not paid to the extent of someone doing the same job in a larger setting. If it was a position held by a government employee versus a community employee there is some inadequacy because of the different benefits derived from these different positions, yet they are doing the same job. That has to be looked at when you look at the resources that communities are being allocated. The people are hired based on the amounts they are given to do these jobs. The resources they are given are a lot less than say if the person was a government employee, where there would be a real wage difference. The government takes that into account when these positions are being filled with ensuring that the adequate resources are there in light of the pay equity court case.