Thank you, Mr. Antoine. Item 13, tabling of documents. Mr. Clerk.
Debates of July 23rd, 2001
This is page numbers 261 - 313 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 process.
Topics
Tabled Document 32-14(4): Report And Recommendations Of The Judicial Remuneration Commission For The Period April 1, 2001 To March 31, 2004
Item 13: Tabling Of Documents
Page 286
Tabled Document 33-14(4): Response To Petition 1-14(4): Chief Albert Wright School Building Extension
Item 13: Tabling Of Documents
Page 286
Clerk Of The House Mr. David Hamilton
Mr. Speaker, in accordance with Rule 42(10), I wish to table a response to Petition 1-14(4), presented by the Member for Sahtu and responded to by the Minister responsible for Education, Culture and Employment.
Tabled Document 33-14(4): Response To Petition 1-14(4): Chief Albert Wright School Building Extension
Item 13: Tabling Of Documents
Page 286

The Speaker Tony Whitford
Thank you, Mr. Clerk. Item 13, tabling of documents. The honourable Member for Mackenzie Delta, Mr. Krutko.
Tabled Document 34-14(4): Letter From Gwich'in Tribal Council Regarding Government Contracting Procedures And Approaches
Item 13: Tabling Of Documents
July 22nd, 2001
Page 286

David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Mr. Speaker, I would like to table two letters, first dealing with the government negotiated contracts procedures, addressed to myself and the president of the Gwich'in Tribal Council.
Tabled Document 35-14(4): Letter From The Mayor Of Fort Mcpherson Regarding Environmental Health
Item 13: Tabling Of Documents
Page 286

David Krutko Mackenzie Delta
Mr. Speaker, a second letter regarding environmental health concerns to the Inuvik Regional Health and Social Services Board from the Hamlet of Fort McPherson, copied to myself.
Tabled Document 35-14(4): Letter From The Mayor Of Fort Mcpherson Regarding Environmental Health
Item 13: Tabling Of Documents
Page 286

The Speaker Tony Whitford
Thank you. Item 13, tabling of documents. Item 14, notices of motion. The honourable Member for Great Slave, Mr. Braden.
Motion 9-14(4): Extended Adjournment Of The House To October 23, 2001
Item 14: Notices Of Motion
Page 286

Bill Braden Great Slave
Thank you, Mr. Speaker. I give notice that on Wednesday, July 25, 2001, I will move the following motion. I move, seconded by the honourable Member for Weledeh, that notwithstanding Rule 4, when this House adjourns on Wednesday, July 25, 2001, it shall be adjourned until Tuesday, October 23, 2001.
And further, that any time prior to October 23, 2001, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned until that time. Thank you, Mr. Speaker.
Motion 9-14(4): Extended Adjournment Of The House To October 23, 2001
Item 14: Notices Of Motion
Page 286

The Speaker Tony Whitford
Thank you, Mr. Braden. Item 14, notices of motion. Item 15, notices of motion for first reading of bills. The honourable Member for Weledeh, Mr. Handley.
Bill 14: Supplementary Appropriation Act, No. 2, 2001-02
Item 15: Notices Of Motion For First Reading Of Bills
Page 286

Joe Handley Weledeh
Mr. Speaker, I give notice that on Wednesday, July 25, 2001, I will move that Bill 14, Supplementary Appropriation Act, No. 2, 2001-02, be read for the first time. Thank you, Mr. Speaker.
Bill 14: Supplementary Appropriation Act, No. 2, 2001-02
Item 15: Notices Of Motion For First Reading Of Bills
Page 286

The Speaker Tony Whitford
Thank you, Mr. Handley. Item 15, notices of motion for first reading of bills. The honourable Member for the Sahtu, Mr. Kakfwi.
Bill 14: Supplementary Appropriation Act, No. 2, 2001-02
Item 15: Notices Of Motion For First Reading Of Bills
Page 286

Stephen Kakfwi Sahtu
Mr. Speaker, I seek unanimous consent to return to item 2, Ministers' statements, to give an emergency statement. Thank you.
Bill 14: Supplementary Appropriation Act, No. 2, 2001-02
Item 15: Notices Of Motion For First Reading Of Bills
Page 286

The Speaker Tony Whitford
Thank you. The honourable Member is seeking unanimous consent to return to item 2, Ministers' statements. Are there any nays? There are no nays. Item 2, Ministers' statements. The honourable Premier, Mr. Kakfwi.
Minister's Statement 28-14(4): Resignation Of Deputy Premier
Revert To Item 2: Ministers' Statements
Page 287

Stephen Kakfwi Sahtu
Thank you, Mr. Speaker. Mr. Speaker, earlier today, the Honourable Jane Groenewegen, Deputy Premier and Minister of Health and Social Services, tendered her resignation as Deputy Premier.
In her letter of resignation, Mrs. Groenewegen indicated that she demonstrated poor judgment by recording a telephone conversation on March 26, 2001, between the Principle Secretary and the Conflict of Interest Commissioner, Carol Roberts. Mrs. Groenewegen has apologized for her actions and how they may have reflected on the integrity of the most senior levels of government, including her colleagues in Cabinet and the Assembly.
I have accepted Mrs. Groenewegen's resignation and I commend her for taking responsibility for her actions under very difficult circumstances. Thank you.
Minister's Statement 28-14(4): Resignation Of Deputy Premier
Revert To Item 2: Ministers' Statements
Page 287

The Speaker Tony Whitford
Thank you, Mr. Premier. Item 2, Ministers' statements. Item 15, notices of motion for first reading of bills. Item 16, motions. Item 17, first reading of bills. The honourable Member for Weledeh, Mr. Handley.
Bill 13: An Act To Amend The Income Tax Act, No. 2
Item 17: First Reading Of Bills
Page 287

Joe Handley Weledeh
Mr. Speaker, I move, seconded by the honourable Member for Inuvik Twin Lakes, that Bill 13, An Act to Amend the Income Tax Act, No. 2, be read for the first time. Thank you, Mr. Speaker.
Bill 13: An Act To Amend The Income Tax Act, No. 2
Item 17: First Reading Of Bills
Page 287

The Speaker Tony Whitford
We have a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour? Thank you. All those opposed? The motion is carried. Bill 13 has had first reading. Item 17, first reading of bills. Item 18, second reading of bills. The honourable Member for Nunakput, Mr. Steen.
Bill 11: Architects Act
Item 18: Second Reading Of Bills
Page 287

Vince Steen Nunakput
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Nahendeh, that Bill 11, Architect's Act, be read for the second time.
Mr. Speaker, this bill provides for the creation of a professional association for architects in the Northwest Territories. The bill also provides for the regulation of the profession by the new association and requires, with some exceptions, persons practicing architecture to be authorized to do so by the association.
Some of the key provisions of the bill concern the following matters:
- • setting out the powers of the association to manage its affairs, including the powers to hold property, make by-laws, elect a governing council, register members, issue licences and permits, and conduct discipline proceedings;
- • setting out rules respecting various aspects of the practice of the profession, including the use of the title "architect", the use of stamps and seals and the supervision of certain persons;
- • providing for the enforcement of the practice restrictions set out in the act;
- • providing for certain transitional issues, including establishing the initial membership and council of the association and grandfathering certain persons currently practising architecture in the Northwest Territories.
Thank you, Mr. Speaker.
Bill 11: Architects Act
Item 18: Second Reading Of Bills
Page 287

The Speaker Tony Whitford
Thank you, Mr. Steen. The motion is in order. To the principle of the bill. Question has been called. All those in favour? Thank you. All those opposed? Thank you. The motion is carried. Bill 11 has had second reading. Accordingly, the bill stands referred to a committee. Item 18, second reading of bills. The honourable Member for Frame Lake, Mr. Dent.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 287

Charles Dent Frame Lake
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Bill 12, An Act to Amend the Wildlife Act, be read for the second time.
Mr. Speaker, this bill proposes to reduce the period required to achieve resident status for the purposes of wildlife harvesting from two years to six months. Thank you, Mr. Speaker.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 287

The Speaker Tony Whitford
Thank you, Mr. Dent. The motion is in order. To the principle of the Bill. Mr. Dent.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 287

Charles Dent Frame Lake
Thank you, Mr. Speaker. Mr. Speaker, as I already noted, the purpose of this bill is to reduce the period required to achieve resident status for the purposes of wildlife harvesting from two years to six months.
Mr. Speaker, the act currently defines non-residents as people who have lived in the Northwest Territories for less than two years. This is the most stringent residency requirement found in any provincial or territorial wildlife statute. Once these non-residents have moved to the Northwest Territories, they are immediately eligible to transfer their current driver's licence for an NWT driver's licence. After only three months, they qualify as residents for NWT health care.
Mr. Speaker, although these non-residents live in our communities, support our economy and pay income tax to the territorial government, they must wait for two years before being considered residents under the Wildlife Act. During those two years, they are subject to all the hunting restrictions that people who do not live in the Northwest Territories must face. So even though they live here year-round, their hunting rights are only the same as a person from southern Canada who visits the North for just a few days each year to hunt big game.
When it comes to small game, Mr. Speaker, there are restrictions placed on their hunting activities. Their licences are more expensive and they have quota restrictions not faced by residents.
Mr. Speaker, I found it very interesting that the Fisheries Act defines an NWT resident as a Canadian citizen or landed immigrant who has resided continuously in the Northwest Territories for three months immediately preceding the day he begins to fish. That means that a person can purchase an NWT resident fishing licence and harvest fish after only having lived here for three months.
Mr. Speaker, the current Wildlife Act is over 20 years old and must be updated to make it compatible with settled land claim agreements, the Canadian Constitution and other federal and territorial legislation. For over 10 years, successive governments have been talking about completing a comprehensive review of the Wildlife Act. In fact, Mr. Speaker, I was looking at Hansard from March 29, 1994, and I found that on that date, the Standing Committee on Legislation made this comment in a report to the Legislative Assembly:
"The committee would like to note that the government had made a commitment three years ago to review the entire Wildlife Act. The committee wonders at what stage this review is at."
Mr. Speaker, there was no response at the time from the government. It appears that we are caught in a never-ending review process. My constituents and I have heard for so long that a comprehensive review of the Wildlife Act, including the residency requirements, would soon be done, yet it never seems to happen. For that reason, I decided that it was time to bring this minor amendment forward now.
I initially became interested in reducing the residency requirement after several constituents, who were either RCMP officers or members of the Armed Forces, complained to me that they wanted to fully enjoy the outdoor experience offered in the Northwest Territories but they were often transferred before having the opportunity to hunt.
In several other provinces in Canada, RCMP and DND members are given special exemptions. I know that many RCMP and DND members seek northern transfers because of the wilderness experience the northern lifestyle can offer. They made the point to me that they provide a vital service to all citizens of the Northwest Territories and Canada, and I felt it unfair that members of the RCMP and the Canadian Forces may not be able to enjoy the full benefit of living in the North because of the long residency requirement for a hunting licence.
I had initially asked the Minister responsible to consider an exemption to the two-year residency requirement for RCMP and Canadian Forces personnel. However, Mr. Speaker, I have now come to believe that a new residency requirement in the Northwest Territories should apply to all people, not just to RCMP and DND members. After all, the Charter of Rights and Freedoms guarantees equal protection and benefit of the law to every individual.
The Wildlife Act should not be seen as providing special treatment for certain segments of the population. Therefore, this amendment proposes to reduce the residency requirement for all people in the Northwest Territories to six months.
Mr. Speaker, I would argue too that this is a quality of life issue. I have often heard Members in this Assembly talk about the quality of life in the North as one of the advantages we need to use to attract health professionals. Being able to fully enjoy the outdoors by hunting as a resident is a part of the quality of life we need to be able to use when trying to attract people to the Territories. So I would like to propose six months.
Mr. Speaker, the current residency requirement of two years, as I have noted, is the longest of anywhere in Canada. One other jurisdiction requires residency of one year, and all the others, other than Nunavut, require six months or less. Alberta and Manitoba actually have no residency requirement.
Mr. Speaker, I know that the Department of Resources, Wildlife and Economic Development states in its business plan that the development of a new Wildlife Act is a priority. During session last June, the Minister of RWED advised the House that at the most optimistic, new wildlife legislation would be brought forward by the fall of 2002.
I have heard the government talk about revising the Wildlife Act for over ten years. It is a very complex process. I am not convinced that we will see new legislation during the life of this Assembly. In the meantime, I am proposing that we do the right thing immediately and make a simple amendment to our outdated Wildlife Act. It is basically an administrative procedure to reduce the residency requirement to six months so that we are in-line with the rest of Canada.
Some have suggested that we need to maintain the longer residency requirement for conservation purposes. However, Mr. Speaker, conservation is achieved by regulating the number of animals harvested and the areas where big game may be hunted, not by imposing an arbitrary residency requirement. Conservation issues should be addressed on a species-by-species basis as the need arises. There are many tools in wildlife legislation to do this. For example, quotas for non-aboriginal residents that do not depend on residency, which can disenfranchise someone across the board, not just for a species that is in trouble.
Each year, RWED uses a system of licences, tags, quotas, seasons, and wildlife management areas to regulate the level of resident hunting. The wildlife harvest is constantly monitored. In this manner, as the number of resident hunters increases or decreases, the hunting regulations are adjusted to ensure that the animal populations stay healthy. Mr. Speaker, that is the way to ensure conservation, not by imposing unreasonable residency requirements.
It is also important to note the changes in the residency requirement will have no impact on the holders of general hunting licences. The holder of a GHL may hunt virtually without restriction throughout areas of the Northwest Territories that do not have separate land claims. This proposed amendment to the Wildlife Act will in no way impose on the current traditional hunting rights of aboriginal people and GHL holders in the Northwest Territories.
Mr. Speaker, one of the main reasons for revising wildlife legislation is so that it will recognize and become more fully integrated with land claim agreements. This amendment that I am proposing will be compatible with, and have no impact on, those agreements. Each wildlife management council will continue to regulate hunting within its respective settlement area, as detailed in its land claim agreement.
Mr. Speaker, I ask other Members for their support for this bill today. Let us make hunting regulations and restrictions using good wildlife management procedures, but let us make the waiting period fair for all residents of the Northwest Territories. Thank you, Mr. Speaker.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 289

The Speaker Tony Whitford
Thank you, Mr. Dent. To the principle of the bill. The seconder, Mr. Delorey.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 289

Paul Delorey Hay River North
Thank you, Mr. Speaker. Mr. Speaker, I will not go into any lengthy speech in support of this bill. However, I do not have a problem supporting it. In talking with Mr. Dent, most of the points that he brings up in here, I am in support of. I know that in all economic development that we are proposing for the North, and the realization that we are going to be needing help if we want to develop the Territories in the form that we are talking about, many companies are having a hard time finding workers right now. That indicates to me that we are going to have to be encouraging more people to come North to help us along.
When we bring people up and ask them to come and support the Territories and work towards the development and betterment of the TTTTTerritories, they should also be able to enjoy any of the benefits that come along with living in the Territories.
We very openly talk about everything the North has to offer, such as hunting and trapping. I think a residency requirement is one that is very important to residents, as well as the rest of the country. I do not think we should be penalizing anybody who is up here helping develop our Territory by making them wait two years for hunting. Therefore, I will be supporting this bill to reduce that time frame to six months. Thank you, Mr. Speaker.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 289

The Speaker Tony Whitford
Thank you, Mr. Delorey. To the principle of the bill. The honourable Member for Mackenzie Delta, Mr. Krutko.
Bill 12: An Act To Amend The Wildlife Act
Item 18: Second Reading Of Bills
Page 289

David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Mr. Speaker, I will not be supporting this bill. There is a process in place now, which is doing a thorough review of the Wildlife Act of the Northwest Territories. There have been claims settled in the last number of years where those agreements have been waiting to have legislation attached to enact those land claim agreements and obligations. The obligations are in regard to the management, protection and planning for wildlife.
I think it is inappropriate that aboriginal people who have lived here for years are now asking for a say of how their rights are going to be implemented through legislation. Now we have a group who are not even residents of the Northwest Territories asking for special rights through this amendment so that they can hunt way before they even become a full-fledged resident of the Northwest Territories. People who are born and raised here are having their rights restricted without any consultation by establishing restricted corridors for harvesting.
Aboriginal people are being affected by the harvesting of wildlife in the Northwest Territories because of these type of reflective decisions where people are saying, "It is not going to affect you. It is just a small amendment."
What we are finding is it is these small amendments that are being imposed on aboriginal people that are the problems, where we are see aboriginal peoples' rights to hunt are not being lived up to, or else they are being abolished to the point where they are being restricted.
I for one feel that we have a process in place. Yes, it has been long overdue, but it is in place. I feel that if this idea is going to go forth, it should go through the same process that everybody else is following at the present time, which is the amendments to the Wildlife Act for the whole Northwest Territories, so that the land claim groups can have their say with regard to how they see the amendment to the Wildlife Act being made to ensure that those rights that they have in their land claim agreements, aboriginal peoples' rights, are going to be protected, so they do not have restrictions put on them without having consultation. The people who want to look at the residency clause can do it in that context.
I for one will not be supporting this motion because I feel there is a process for it. We should not be putting amendments to the Wildlife Act before the review is concluded, so that everybody who will be involved, the residents of the Northwest Territories, will take part to look at wildlife for the whole Territory, not just one aspect at a time. I for one feel that will do more damage than it will to help try to bring a conclusion to this long overdue process of the Wildlife Act.
I would like to thank the Member for bringing this issue forth, but I think in terms of timing, this should be done in the context of the existing Wildlife Act amendments that are going on, the hearings that are taking place. I strongly push the government to move a little faster on this and hopefully we can have it passed in the term of the 14th Assembly. Thank you.