This is page numbers 579 - 604 of the Hansard for the 13th Assembly, 7th 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 chairperson.

Topics

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. I have a return to a written question asked by Mr. Henry on April 26, 1999.

1. The Workers' Compensation Board was designed to protect injured workers. It has not spent any money suing injured workers.

2. The Workers' Compensation Act provides the Workers' Compensation Board with exclusive jurisdiction to determine all matters arising under the act, including third party actions. The Minister responsible for the Workers' Compensation Board is granted some authority under the act, but does not have the authority to give the board direction on the conduct of third party actions.

3. I am unable to comment on the case referenced by Mr. Henry. This case names the Government of the Northwest Territories as a defendant and is presently before the courts. Thank you

The Speaker

Thank you. Returns to written questions. Item 9, replies to opening address. Mr. Ootes.

Reply To Opening Address 4-13(7): Mr. Ootes
Item 9: Replies To Opening Address

Page 593

Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Mr. Speaker. Over the last few years efforts to develop a new constitution for the Northwest Territories have been unsuccessful, because of the different visions of governance in the NWT. This variance of vision is now focused on the issue of representation in the Legislature, specifically on the discrepancy of representation between rural ridings and urban areas.

Proponents on both sides of the issue are asserting their legally constituted rights. On one side, people in urban areas such as Yellowknife feel the burgeoning population in their ridings is depriving them of their right to equitable representation in the Legislative Assembly. On the other hand, many aboriginal people are equally adamant that additional urban representation could take away from their rights. In the interests of creating a climate where we can live together in cooperation, it is important for people on both sides of this issue to stretch their perceptions and attempt to understand the opposing viewpoint.

However, because of the growth of urban areas such as Yellowknife in recent years, the discrepancy between the size of urban and rural ridings has become too great and now we are out of balance. To give an example that has been repeated many times, Yellowknife South has a population of 7,105, compared to the riding of Tu Nedhe with a population of 842.

What is complicating this issue are the self-government negotiations currently underway between the various aboriginal groups and the federal government. There is concern that self-government agreements should be in place before public government issues are dealt with. Aboriginal people want appropriate and fair representation. I can understand and appreciate that. It is everyone's desire to have a territorial government that represents aboriginal and non-aboriginal residents of the NWT on a fair and equitable basis.

In the summer and fall of 1998, the NWT Boundaries Commission conducted a review of electoral ridings through a community consultation process. This commission was composed of two people from rural NWT communities and one Supreme Court Justice from Yellowknife. Their review noted the unfair disparity between urban and rural ridings and in September, 1998, the commission recommended the creation of two additional seats for Yellowknife.

Unfortunately, this recommendation was defeated in the Legislative Assembly and a subsequent motion to create only one additional riding in Yellowknife was also defeated. In turn, the decision to keep the NWT down to 14 ridings was then challenged in court by the Friends of Democracy, an action that was opposed by intervenors, Northwest Territories Metis Nation, Dene Nation, North Slave Metis Alliance, Sahtu Secretariat Incorporated and Lutselk'e Band, all of whom are members of the Aboriginal Summit.

In early March, Justice Mark de Weerdt declared three of the NWT ridings, Yellowknife South, Yellowknife North and Hay River, invalid because the population of these ridings were more than 25 percent higher than the average population of all the ridings. Justice de Weerdt upheld the Friends of Democracy position that the under-representation of certain constituencies was contrary to Section 3 of the Canadian Charter of Rights and Freedoms. He rejected the position put forth by the Government of the Northwest Territories, and supported the intervenors, that Section 3 is subject to Section 25 which guarantees aboriginal and treaty rights. Justice de Weerdt noted that 20 percent of the voting population of Yellowknife consists of aboriginal people "whose right to effective representation in the Legislative Assembly is affected equally with that of the non-aboriginal population, by the existing maldistribution of seats in the Assembly."

Justice de Weerdt also concluded "that removing the basis for the existing gross numerical under-representation in the Assembly, of citizens of Yellowknife need not in any really significant way alter the existing balance of political power in the Assembly." Justice de Weerdt declared the three ridings of Yellowknife North, Yellowknife South and Hay River invalid but did not tell us how to fix the problem.

At first it seemed possible to solve the problem by splitting each of the invalid ridings to create three more seats. As soon as additional seats are created, the average population of each riding changes and other ridings come into dispute. Once we added two seats to Yellowknife and one to Hay River, then other ridings in Yellowknife and Inuvik were under-represented by more than 25 percent, so more seats had to be added there. Other configurations are possible, but the five seat option is the only one which maintains the cultural and geographic integrity of the ridings.

Where do we stand now? The decision by Justice de Weerdt originally carried a deadline of April 1, 1999, which was later extended to September 1, 1999. Cabinet has decided to follow legal advice not to have the Government of the Northwest Territories appeal Justice de Weerdt's decision. However, the Aboriginal Summit has applied to appeal and Cabinet has agreed to financially support the Aboriginal Summit and the Friends of Democracy in an appeal of Justice de Weerdt's decision.

The Appeal Court has indicated it will possibly hear the application for appeal between June 15th and June 17th. Meanwhile, Bill 15, the bill to revise the electoral boundaries to establish five additional seats, three in Yellowknife, one in Hay River and one in Inuvik, for a total of 19 seats, has received two readings by the Legislative Assembly and has been referred to the Standing Committee on Government Operations for review.

The committee has up to 120 days to review the legislation. This review period expires July 22nd, 1999. The Legislative Assembly is scheduled to sit again beginning July 26th and Bill 15 on the electoral boundaries situation can possibly be considered then. So this is where the current situation is at. I am still hopeful we can have a fall election. However, it is difficult to confirm an election date for two reasons:

1. The review of Bill 15 on the electoral boundaries is before the Standing Committee of Government Operations and could be referred back to the Legislative Assembly for consideration anytime between now up to July 22, 1999.

2. The Chief Electoral Officer requires up to six months to prepare for an election. This time can possibly be reduced by a month or so, but preparations cannot begin until the electoral boundaries bill is dealt with by the Legislative Assembly.

Members are hopeful that the consultative and legal processes can be accomplished in the next several months. I appreciate the situation is complex. I have tried to simplify it here for the benefit of constituents interested in understanding the issue. The public needs to know the factors involved in the situation in order to appreciate where this government stands as far as announcing the next election. Thank you, Mr. Speaker.

--Applause

Reply To Opening Address 4-13(7): Mr. Ootes
Item 9: Replies To Opening Address

Page 594

The Speaker

Thank you. Replies to opening address. Item 10, petitions. Item 11, reports of standing and special committees, Item 12, reports of committees on the review of bills, Item 13, tabling of documents. Mr. Dent.

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. As required by Section 32.1 subsection (2) of the Financial Administration Act, I am tabling a list of all inter-activity transfers exceeding $250,000 within departments for the period of April 1, 1998, to March 31, 1999. Thank you.

The Speaker

Tabling of documents. Mr. Clerk.

Clerk Of The House Mr. David Hamilton

Thank you, Mr. Speaker. Mr. Speaker, I wish to table a response to petition 1-13(7), presented by the Member for Mackenzie Delta, Mr. Krutko, and responded to by the Minister of Health and Social Services, concerning the delivery of health and social services. Thank you.

The Speaker

Tabling of documents. Item 14, notices of motion. Item 15, notices of motion for first reading of bills. Mr. Dent.

Bill 21: Supplementary Appropriation Act, No. 1, 1999-2000
Item 15: Notices Of Motion For First Reading Of Bills

May 12th, 1999

Page 594

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Monday, May 17, 1999, I will move that Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000, be read for the first time.

Bill 21: Supplementary Appropriation Act, No. 1, 1999-2000
Item 15: Notices Of Motion For First Reading Of Bills

Page 594

The Speaker

Thank you. Notices of motion for first reading of bills. Item 16, motions. Item 17, first reading of bills. Mr. Dent.

Item 17: First Reading Of Bills
Item 17: First Reading Of Bills

Page 595

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to proceed with first reading of Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000. Thank you.

Item 17: First Reading Of Bills
Item 17: First Reading Of Bills

Page 595

The Speaker

The Member for Yellowknife Frame Lake is seeking unanimous consent to deal with Bill 21. Are there any nays? There are no nays. Mr. Dent, you have unanimous consent.

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I move second by the honourable Member for Inuvik that Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000, be read for the first time. Thank you.

The Speaker

Thank you. The motion is in order. The Chair does not recognize a quorum. Mr. Clerk, will you ring the bell please. The Chair recognizes a quorum. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 21 has had first reading. First reading of bills. Item 18, second reading of bills. Mr. Dent.

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I move ,seconded by the honourable Member for Inuvik, that Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000, be read for the second time. Mr. Speaker,

This bill makes supplementary appropriations for the government of the Northwest Territories for the fiscal year ending March 31, 2000. Thank you.

The Speaker

Thank you. The motion is in order. To the principle of the bill. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 21 has had second reading and accordingly, the bill stands referred to committee of the whole. Second reading of bills. Item 19, consideration in committee of the whole of bills and other matters. Tabled document 31-13(7) and Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000, with Mrs. Groenewegen in the Chair.

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 595

The Chair

The Chair Jane Groenewegen

I call committee of the whole to order. We have today, tabled document 31-13(7) and Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000. What is the wish of the committee? Mr. Dent.

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 595

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Chairperson. Madam Chairperson, I would like to recommend that the committee consider Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000.

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 595

The Chair

The Chair Jane Groenewegen

Thank you. Does the committee agree?

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 595

Some Hon. Members

Agreed.

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 595

The Chair

The Chair Jane Groenewegen

Thank you. We will consider Bill 21 after a short break.

--Break

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 595

The Chair

The Chair Jane Groenewegen

I call the committee back to order. We are dealing with Bill 21, Supplementary Appropriation Act, No. 1, 1999-2000, Mr. Dent, would you please introduce the bill. Mr. Dent.

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 595

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Chairperson, Supplementary Appropriation No. 1, 1999-2000, requests authority for additional appropriations of $22,378,024 made up of $6,373,024 for operations and maintenance expenditures and $16.005 million for capital expenditures.

Approximately $1.2 million of the new supplementary requirements will be offset by revenues or other recoveries and will not impact the government's operating results for the year. As a result, the net funding requirement, included in this supplementary appropriation is $21 million.

The additional appropriations have been provided for in the estimated supplementary appropriation requirements included in the 1999-2000 Main Estimates. The $16 million required to complete capital projects, carried over from 1998-99, is greater than the $11 million identified in the Main Estimates for this purpose. However, the full amount did lapse last year and was reflected in the year end result for 1998-99.

A number of interdepartmental transfers are also included in the supplementary appropriations which do not require additional funding.

The operations and maintenance supplementary appropriation requirements include the following major items:

1)$3 million for the costs of the equal pay tribunal to deal with the equal pay complaint.

2)$2.2 million related to the continuation of the public/private partnership initiative of which approximately $1.2 million will be recovered from developers over the next two years.

The supplementary capital appropriation requirements include:

1)$16 million in capital carry-overs from the 1998-99 fiscal year. The funding was approved and lapsed in the 1998-99 year and is required to complete ongoing projects in the 1999-2000 fiscal year.

Mr. Chairman, I am prepared to review the details of the supplementary appropriation document.

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 595

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dent. Would the Minister like to bring in witnesses?

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 595

Charles Dent

Charles Dent Yellowknife Frame Lake

Yes, Madam Chairperson.