This is page numbers 623 - 657 of the Hansard for the 14th Assembly, 4th 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

Question 223-14(4): Sole-source Contracting
Item 6: Oral Questions

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Bell. The question is directed to the honourable Premier, Mr. Kakfwi.

Return To Question 223-14(4): Sole-source Contracting
Question 223-14(4): Sole-source Contracting
Item 6: Oral Questions

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. I indicated earlier that I will be reviewing the policies so I can better answer the Member's question, so I will take it as notice. Thank you.

Return To Question 223-14(4): Sole-source Contracting
Question 223-14(4): Sole-source Contracting
Item 6: Oral Questions

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Premier. The question has been taken as notice. It did touch fairly closely to the other one. We had a little difficulty with it. The honourable Premier is taking it as notice. Item 6, oral questions. Item 7, written questions. Item 8, returns to written questions. Item 9, replies to the opening address. Item 10, petitions. Item 11, reports of standing and special committees. The honourable Member for Range Lake, Ms. Lee.

Committee Report 9-14(4): First Report Of The Special Committee On The Implementation Of Self-government And The Sunset Clause
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker.

Introduction
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

Mr. Speaker, the Special Committee on the Implementation of Self-Government and the Sunset Clause is pleased to present this, our first report, to update the Legislative Assembly on our activities to date.

Establishment Of Special Committee
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

The special committee was established on November 16, 2000, during the Third Session. The terms of reference for the special committee were presented and adopted by the Legislative Assembly on March 7, 2001. This Assembly's vision, as outlined in Towards a Better Tomorrow, served as a foundation for the terms of reference. Members of the special committee committed themselves to the following principles in carrying out our mandate:

  1. the development of a system of governance with leaders working together cooperatively that recognizes and protects the rights of all residents, balancing individual citizen's rights and collective aboriginal rights;
  2. to promote aboriginal and other northern leaders working together in support of a common vision and strong sense of identity to ensure a strong foundation for a better future for all residents;
  3. recognizes that aboriginal and public governments have unique, necessary and complementary roles to play in serving people of the Territories;
  4. that aboriginal people must have greater self-determination over their social, cultural, economic and political destiny; and
  5. the need for strong, effective aboriginal and public governments operating cooperatively.

Roles And Responsibilities
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

Mr. Speaker, the special committee has recognized two major aspects to its work. The first being the requirement to address the sunset clause and the second relating to the implementation of self-government agreements in the Northwest Territories.

With respect to self-government, it is the role of the special committee to provide information to the general public and aboriginal governments and to make recommendations to the Legislative Assembly and the Government of the Northwest Territories that reflect new governance partnerships. Our recommendations may include changes to legislation, budgetary processes, policy and practices, or transitional measures to implement self-government.

Responsibilities of the special committee will require:

  • • the evaluation of existing statutes, legislation and negotiated agreements;
  • • investigation of how public government structures, processes, policies and practices will change;
  • • determination of immediate and long-term changes to the powers and authority of the GNWT; and
  • • a review of how the role of the Legislative Assembly will be impacted in the areas of legislation and budget arrangements.

Our first task as members of the special committee requires us to address the sunset clause. In a broad sense, the sunset clause is related to representation and its relationship to the establishment of aboriginal governments, as well as the responsibility for public government at the territorial level in the North. In preparing to seek public input into this aspect of our work, we felt it was important that the members have a complete understanding of what the sunset clause is and what impact it would have on the operation of public government in the Northwest Territories if it was not addressed.

What Is The Sunset Clause?
Item 11: Reports Of Standing And Special Committees

November 4th, 2001

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Sandy Lee

Sandy Lee Range Lake

The sunset clause is a clause in section 2 of the Legislative Assembly and Executive Council Act that sets out the general provisions respecting electoral districts in the Northwest Territories. The section states there are 19 electoral districts and that each electoral district is entitled to return one elected Member to the Legislative Assembly. The sunset clause reads: "This section and schedule A are repealed on the dissolution of the 14th Legislative Assembly." If this were to occur at the end of the four-year term of this Assembly, there would no longer be any defined electoral districts, Members could not be elected to the Assembly and the Legislative Assembly would no longer exist.

It is also important to consider that it is the Legislative Assembly that authorizes the financial expenditures of the Government of the Northwest Territories for the provision of programs and services to northern residents.

In the unlikely event that the Legislative Assembly ceased to exist, all Assembly authority would be returned to the federally appointed Commissioner of the Northwest Territories.

Implementation Of Self-government
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

An ongoing task of the special committee is to continually review the implementation of self-government. At present, the Ministry of Aboriginal Affairs, on behalf of the Government of the NWT and in the interests of all NWT residents, is engaged in negotiations, along with the Government of Canada, with seven aboriginal groups.

The implementation of self-government will see the emergence of new models of governance at the community, regional and territorial levels in the North. These new models of governance will include aboriginal governments, aboriginal and partnership governments, and community governments. These governance arrangements will necessitate intergovernmental relationships between federal, territorial and aboriginal governments. A territorial government will continue to represent the interests of all residents of territorial-wide matters.

In keeping with its mandate, the special committee receives updated information and briefings on the status of negotiations and proposed self-government models from representatives of the Government of the Northwest Territories. We will continue to review this information towards making recommendations to this Assembly concerning self-government implementation.

The special committee's mandate is not one that requires an extensive public hearing process. We have made it abundantly clear to all our aboriginal governments that the special committee is here to support and complement and not otherwise overlap or in any way interfere with self-government negotiations and the emergence of intergovernmental relationships in the North.

Our committee has had a number of meetings since we were established and we have been considering a number of important aspects of our responsibilities. We will continue to look at constitutional issues, the financing of self-government and the impact of related issues on the future operation of the Legislative Assembly and government.

Attending Assemblies
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

Mr. Speaker, as committee members, we felt compelled to listen to what aboriginal governments and leaders had to say and to hear first-hand what continues to be important to them in relation to their self-government negotiations. Wherever possible, special committee members made a concerted effort to attend as many summer assemblies as possible. Over the summer months, members of the special committee and staff attended several aboriginal assembles held in locations throughout the North. I along with my co-chair, the Honourable Jim Antoine, attended the majority of these gatherings, and committee members Mr. Bill Braden, Mr. Leon Lafferty and Mr. Paul Delorey also attended various events. Special committee members visited with the Deh Cho at Kakisa, the Dene Nation at Tulita, the Akaitcho at Detah, South Slave Metis Tribal Council in Fort Smith, Dogrib Treaty 11 Tribal Council in Wekweti, North Slave Metis Alliance at Old Fort Rae, and with the Gwich'in Tribal Council in Inuvik. Our attendance as members of the special committee was welcomed by the host organizations and we were able to hear first-hand their questions and concerns. Members were brought up to speed on the progress of respective land claims and self-government negotiations as well as many of the current issues facing aboriginal communities in the various regions.

At this time, the special committee is confident that self-government negotiations continue to progress. During the coming months, committee members will continue to observe and consider the impact of self-government implementation on the Legislative Assembly and the Government of the Northwest Territories.

Public Input On The Sunset Clause
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

Mr. Speaker, the special committee is committed to engaging in a dialogue with northern residents concerning the sunset clause. Over the next two weeks, an information brochure on the sunset clause will be mailed to all residents, an advertisement will be placed in northern newspapers and radio announcements, in our official languages, will advise residents of the information available to them. We look forward to receiving invitations to visit communities and to listen to what residents have to say about the sunset clause.

At this time, the special committee is considering two options for dealing with the sunset clause. The first option is to repeal or cancel the sunset clause. Existing electoral boundaries and elected representation would remain as is, with representatives elected to 19 electoral districts at the next general election. The second option is to extend the deadline of the clause and allow Members of the next Legislative Assembly to review the number of electoral districts in the North, recognizing that the progress of self-government negotiations may warrant future changes to the current system.

Written submissions dealing with the sunset clause are to be received by the special committee before December 30, 2001. The special committee will consider feedback from residents and make recommendations as to which of these options, or others, Northerners prefer for dealing with the sunset clause. Based on the feedback and comments from the residents, the committee will make recommendations to the Legislative Assembly during the session in February of 2002. The special committee encourages all residents to take the time to read the material that we have put together and look forward to community meetings on the sunset clause, Mr. Speaker.

Mr. Speaker, the special committee will continue to do its work and looks forward to reporting on the sunset clause early next year. Thank you, Mr. Speaker.

Public Input On The Sunset Clause
Item 11: Reports Of Standing And Special Committees

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The Speaker

The Speaker Tony Whitford

Thank you, Ms. Lee. The chair recognizes the honourable Member for Range Lake, Ms. Lee.

Public Input On The Sunset Clause
Item 11: Reports Of Standing And Special Committees

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker. Mr. Speaker, that concludes the report of the special committee.

THEREFORE I MOVE, seconded by the honourable Member for Nahendeh, that the First Report of the Special Committee on the Implementation of Self-Government and the Sunset Clause be received by the Legislative Assembly and adopted. Thank you, Mr. Speaker.

Public Input On The Sunset Clause
Item 11: Reports Of Standing And Special Committees

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The Speaker

The Speaker Tony Whitford

Thank you, Ms. Lee. There is a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried. Item 11, reports of standing and special committees. The honourable Member for Yellowknife South, Mr. Bell.

Committee Report 10-14(4): Report On Referred Items
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Rules and Procedures has the honour of presenting its report on referred items commensurate to the House.

Introduction
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Mr. Speaker, this report of the Standing Committee on Rules and Procedures addresses two outstanding items referred to the committee by the Speaker on two separate occasions.

Item 1
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

On May 11, 2000, the Speaker of the Legislative Assembly referred, by letter, a number of issues to the Standing Committee on Rules and Procedures for consideration. Specifically, one issue brought to the Speaker's attention by a Member dealt with a perceived need for a mechanism allowing for committees to make statements in the House related to the business of that committee. Specifically the Member's request noted that:

There should be an opportunity during routine Orders of the Day for standing committee chairs to make formal statements to the House on issues and items of interest to all Members and the public that are before the committee or fall within its mandate.

Item 2
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Mr. Speaker, in addition, on June 7, 2001, the Speaker requested the committee consider and propose an amendment to Rule 85(2) of the Rules of the Legislative Assembly to reflect the decision of the Board of Management to exercise its legislative authority and responsibility for the development and approval of the business plans and estimates of the Legislative Assembly and the statutory officers of the Legislative Assembly.

BackgroundItem 1
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Mr. Speaker, the current Orders of the Day include the item "Reports of Standing and Special Committees" as the 11th item of business on a typical day in the House.

Under this item, the Chair or another member of the standing or special committee may report on any issue or subject matter that is before the committee or is under the terms of its mandate.

In discussing this issue during the meetings on June 6, 2000, November 1, 2000, January 12, 2001, March 1, 2001 and June 6, 2001, committee members noted that while the item was indeed on the order paper and committees were not unduly restricted in its use, its position on the orders did not allow it to be used as an effective public information tool as it occurs later in the day and is not televised.

There are practical limitations on the amount of television coverage each day. It generally ceases after oral question period. The majority of NWT residents in communities outside the capital receive their only exposure to the House through an hour and a half of these televised proceedings. Therefore, any House proceedings occurring after oral question period on a normal sitting day are not captured and transmitted to residents in the same fashion as those items on the order paper up to and including oral question period.

Item 2
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Mr. Speaker, on May 24, 2001, the Board of Management, as outlined in Record of Decision BOM 96-14-2001, affirmed its responsibility for the development, review, approval, monitoring of and accountability for the business plans and estimates of the Legislative Assembly in accordance with the provisions of the Legislative Assembly and Executive Council Act.

Mr. Speaker, Rule 85(2)(c) of the Rules of the Legislative Assembly currently states that:

The Standing Committee on Accountability and Oversight shall ...consider the budgets and financial management...of any other boards and agencies that are outside the responsibility of any standing committee, including the office of the Legislative Assembly.

An amendment to this rule has been requested by the Speaker to effectively remove the responsibility for the review of the Legislative Assembly business plans and estimates, and those of its statutory officers, from the standing committee's mandate. It is the position of the board that by virtue of sections 41 and 58 of the Legislative Assembly and Executive Council Act, that this is and has been the responsibility of the board.

There are options, Mr. Speaker.

OptionsItem 1
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Rules and Procedures committee members examine several options to address this issue:

Status Quo
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

The committee considered whether the best option would be to maintain the status quo and encourage committees to use existing opportunities through the House under "Reports of Standing and Special Committees", and outside the Chamber through various other means and media, to communicate their work to NWT residents.

Move Reports Of Standing And Special Committees Up The Order Paper
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

Mr. Speaker, if the item "Reports of Standing and Special Committees" were moved up the order paper to follow "Members' Statements", or at the very least, precede "Oral Questions", the impact of committee statements and reports would be greater through the increased exposure that television coverage would provide. In this manner, the public, particularly residents of small communities, would be better served, Mr. Speaker.

Choosing this option may have implications for the House in terms of traditional television coverage of oral question period. Consideration might then need to be given to instituting a time limit on committee reports, which does not currently exist, to minimize the impact on providing a televised oral question period. However, committees have often found it necessary to provide quite lengthy reports to the House on important matters that they have examined and unanimous consent may then have to be required to conclude reporting.

Generally, Mr. Speaker, all parliamentary jurisdictions provide for reporting by their committees. It occurs only once a sitting day, at most, and there is no distinction between committee statements and committee reports.

Recommend A New Item -- Standing Committee Statements
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

The committee could recommend to the House that the establishment of a new item on the order paper, entitled "Standing Committee Statements", to precede "Oral Questions". This item could be treated in much the same manner as "Ministers' Statements" with an overall time limit or like "Members' Statements" with a time limit for each statement and a limit of one statement per day for each committee.

Administratively and procedurally, there would also be a requirement to produce all Chair's statements as committee reports in writing, to be numbered accordingly. The approval of the text by the committee will also be necessary and no departure from the text would then be permitted.

Given the anticipated usage of such an item and the proposed time limits, this option would not be likely to impact significantly on television coverage of question period, Mr. Speaker.

No other parliamentary jurisdiction has, or contemplates having, such an item included in the routine order of business in the House.

In addition, committee members debated at length the procedural and practical dilemmas that this option could present in terms of the non-partisan nature of our consensus system of government. It was decided then that this would not be the preferred option to recommend to the Assembly.

Conclusions And RecommendationsItem 1
Item 11: Reports Of Standing And Special Committees

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Brendan Bell

Brendan Bell Yellowknife South

The Standing Committee on Rules and Procedures was of the opinion that for the purpose of enhancing the opportunities for standing and special committees to share their work with a wider audience, the Legislative Assembly should consider moving the item, "Reports of Standing and Special Committees", up the order paper one day per week to follow "Members' Statements".

The Standing Committee on Rules and Procedures recommends that the Rules of the Legislative Assembly be amended to provide that the item, "Reports of Standing and Special Committees", shall be listed as item 4 on the orders of the day on Thursdays.