This is page numbers 541 - 578 of the Hansard for the 14th Assembly, 6th 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

Members Present

Honourable Roger Allen, Honourable Jim Antoine, Mr. Bell, Mr. Braden, Mr. Delorey, Mr. Dent, Honourable Joe Handley, Mr. Krutko, Mr. Lafferty, Ms. Lee, Mr. McLeod, Honourable Michael Miltenberger, Mr. Nitah, Honourable Jake Ootes, Mr. Roland, Honourable Vince Steen

-- Prayer

Item 1: Prayer
Item 1: Prayer

Page 541

The Deputy Speaker

The Deputy Speaker David Krutko

Thank you. Item 2, Ministers' statements. Mr. Handley.

Minister's Statement 31-14(6): 2002 Transportation Of Dangerous Goods Report
Item 2: Ministers' Statements

Page 541

Joe Handley

Joe Handley Weledeh

Thank you, Mr. Speaker. Mr. Speaker, I wish to inform the House that later today at the appropriate time I will table the Transportation of Dangerous Goods Report for the year 2002.

I am pleased to report that even with the steadily increasing movements of dangerous goods on our highways due to developments in the resource sector, the consistently low number and minor nature of dangerous goods incidents and the low numbers of summary offence infractions indicates that the trucking industry is moving potentially hazardous industrial cargoes responsibly and safely.

I would like to congratulate the NWT trucking industry for the obvious care it is taking in complying with the Transportation of Dangerous Goods Act, 1990 and proving that significant resource industry development does not come at the price of compromising highway safety or damaging the environment. Thank you, Mr. Speaker.

Minister's Statement 31-14(6): 2002 Transportation Of Dangerous Goods Report
Item 2: Ministers' Statements

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The Deputy Speaker

The Deputy Speaker David Krutko

Thank you. Item 2, Ministers' statements. Item 3, Members' statements. Ms. Lee.

Wise Woman Award Recipient, Flory Dacanay
Item 3: Members' Statements

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker. Thank you, colleagues, for letting me speak first here. Mr. Speaker, earlier today in the Great Hall, we celebrated the life and achievements of five women who received 2003 Wise Women Awards from the NWT Status of Women Council. I would like to take this opportunity to recognize a recipient from the North Slave region, Florentia Dacanay, affectionately known to many as Flory. Flory passed away on December 31st and this award was nominated and given posthumously. Those who knew her well, hold her very much in their loving memory and they're grateful they can honour and celebrate her life through this recognition. Mr. Speaker, for many years now, this prestigious award has been given to women who are positive role models in their community and who are dedicated and committed to improving the lives of other women and families. Flory was certainly all of that and more. Flory did not seek a high public office or seek recognition for what she did. I am not even sure she knew how much people appreciated what she was to them, but when she took ill and passed away last December, her friends gathered by the hundreds to mourn and remember her and to express their appreciation.

Mr. Speaker, I believe every community needs and has an elder who is the mother or wise woman to that community and only special people who have the right character and strength can fulfil that role, someone who accepts you for who you are, who makes you feel safe from the dangers and hardships of everyday life, someone who gives you guidance to do the right thing, someone who is so proud of every little achievement you accomplish, someone who does it all with genuine love and care. Flory was one of those special people. Such a wise woman is even more dear to those who leave their homeland behind to make a new life in another country. Flory welcomed and helped many, many people make that transition, many of them who now make up Yellowknife's large and vibrant Filipino community. But it didn't really matter where you were from, Flory was there for everyone, even complete strangers, opening up her home to them, giving them a place to stay and treating them like a part of her own family.

Mr. Speaker, it was in recognition of her service that all seven Yellowknife MLAs submitted a joint nomination of Flory for this award. We were pleased when we learned Flory had been chosen and that the council received a flood of nominations for Flory from the rest of the community. This is just further proof of the impact Flory had on so many Yellowknifers. On behalf of everyone in this House, I would like to take this opportunity to extend heartfelt congratulations in memory of Flory to her loving husband Angel, her daughter Flair and son-in-law Jeff, and her grandson she was always so proud of, Jeremy. Thank you, Mr. Speaker.

---Applause

Wise Woman Award Recipient, Flory Dacanay
Item 3: Members' Statements

Page 541

The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Handley.

2003 Wise Woman Awards
Item 3: Members' Statements

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Speaker. Mr. Speaker, as we all know, this is International Women's Week. I would also like to congratulate Flory Dacanay and the other recipients of the 2003 Wise Women Awards. As well, I would like to recognize all of the women who have received this award in past years. In particular I want to acknowledge those from Weledeh who have been nominated over the years and especially those who received the award in past years. These include Florence Erasmus in 1996; Arlene Hache in 1998; and, Ingrid Kritsch in the year 2000. As well as a way of respecting the tremendous work done by the nominees and the award recipients, the awards serve the important purpose of reminding everyone of the role we each can play in promoting the rights of all women, in fact all people of the Northwest Territories. I am proud to have had a part as an MLA in the adoption of the Human Rights Act and the commitments made in developing family violence legislation. Without the support of the NWT Status of Women Council and numerous other groups and individuals, this would have been impossible. We must all continue to cooperate on these real important initiatives that do make real differences to people's lives in every community. Thank you, Mr. Speaker.

---Applause

2003 Wise Woman Awards
Item 3: Members' Statements

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The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Delorey.

GNWT Training And Support For Boards And Agencies
Item 3: Members' Statements

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Paul Delorey

Paul Delorey Hay River North

Thank you, Mr. Speaker. Mr. Speaker, today I would like to address the topic of board governance. Mr. Speaker, I have thought long and hard about what board governance means and what it means to the people of the Northwest Territories. I have sat on a variety of boards during the course of my life. Mr. Speaker, it has always been my contention that it is truly a good thing when local people have control over their own destiny. Our local people are the best judges of the proper way to expand resources in their own communities.

Mr. Speaker, I feel we must, as a government, continue to recognize and applaud the efforts of these hard working people who continue to devote countless hours on our various boards. However, Mr. Speaker, we need to do more than applaud these dedicated board members. Our government needs to be diligent in providing these people with the tools they require to do their job. Mr. Speaker, a common theme I often hear from board members is they are unsure of exactly what their mandate is and exactly what their parameters are as board members. I believe it is imperative, Mr. Speaker, that board members are provided with adequate training by this government and receive a clear definition of what their roles and responsibilities are. Mr. Speaker, board members often say that they lack the training necessary to effectively carry out their task.

Mr. Speaker, it has always been my contention that boards of any agency are appointed by this government, by the government of the day, but that they should enjoy some autonomy and some sense of an arm's length relationship from government. Mr. Speaker, board members have to believe that they have the right to operate within their mandate without fear of repercussion. Mr. Speaker, I believe it sets a very dangerous precedent when board members from around the North are made to feel that if they come out against any government policy or direction, that they will be fired or replaced. This does nothing to instil confidence in this government for the people of the NWT. Mr. Speaker, I think it's time that we, as a government, decide what it is we want from our boards and do everything we can to give them the tools they need to do their jobs. Thank you, Mr. Speaker.

---Applause

GNWT Training And Support For Boards And Agencies
Item 3: Members' Statements

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The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Roland.

Accountability Framework For Boards And Agencies
Item 3: Members' Statements

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, I as well would like to speak about the boards and agencies that deliver programs on behalf of the Government of the Northwest Territories. Mr. Speaker, as a government, over the years we've devolved more and more authority to different boards and agencies across the Northwest Territories, we've asked them for input. We've required them to deliver services at a certain level, a minimum standard and Mr. Speaker, what we've heard from different groups across the Territories from time to time is they have difficulty delivering the programs and services that we ask them to do because of short staffing or under resourcing.

Mr. Speaker, I think we need to look at ourselves as the Government of the Northwest Territories. What are we going to look like in future years? What are we devolving out to the boards and agencies and what authority do we have, as legislators, on behalf of the rest of the residents in the Northwest Territories? How can we assure that those programs and services are being delivered at the level we have set out. Mr. Speaker, we talk about accountability when it comes to these boards and we've heard lots of talk about this third party accountability framework process but, Mr. Speaker, yet today there might be a document floating out there someplace but is it actually being used, is it being implemented to any degree?

No one can really tell us and that is the problem, Mr. Speaker, as we look down the road as a government, developing and evolving and self government tables are settled and we are coming to other claim processes and self government becomes a reality in the Northwest Territories. How are we going to, as the Government of the Northwest Territories, ensure that minimum standards are being met across the Northwest Territories, that residents get the quality education and health care that they deserve in the Northwest Territories.

So, Mr. Speaker, as a government, we have to start putting in place the pieces that will build a future and right now, Mr. Speaker, the puzzle is all over the place, the pieces aren't lined up and that could lead to some serious problems if we don't get our act together. Thank you, Mr. Speaker.

---Applause

Accountability Framework For Boards And Agencies
Item 3: Members' Statements

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The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Lafferty.

Clarification Of Roles And Responsibilities Of Boards And Agencies
Item 3: Members' Statements

Page 542

Leon Lafferty North Slave

Thank you, Mr. Speaker. Mr. Speaker, throughout the Territories, we have a variety of boards that are dependent on the territorial government. Some of the ones that come to mind are the public utility boards, the health boards and the education boards. These organizations are created to assist the Government of the Northwest Territories in carrying out its mandate.

Knowing this, I am confused as to why some boards are not accountable to the public but are accountable to the Ministers. For example, some of these boards do not hold public meetings. Often internal meetings are held and decisions are made without consulting the public. The public meetings are not held because the board is only accountable to the Ministers. Because of this, complaints and issues have to be brought to the MLAs and dealt with at the Ministerial level when some of these issues could be dealt with at the community level.

A question that is often asked is who are these boards representing? Why are they located only in the larger centers? If they represent the people, why do some boards answer directly to the Minister instead of the people in the communities? Some boards have Members that are elected; others have Members who are appointed. Again, who do they answer to? The Minister or the public? Mr. Speaker, I think that we need to clarify the role of all territorial boards, who they are representative of or accountable to and how the public can provide input into their operations. Mr. Speaker, there are also boards out there who are operating very well, whether they are funded by this government or not. I think we need to look at all the boards and make changes so we can help all Northerners to do their jobs and they can help us represent the public. Thank you, Mr. Speaker.

---Applause

Clarification Of Roles And Responsibilities Of Boards And Agencies
Item 3: Members' Statements

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The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Braden.

Authority And Accountability Of Boards And Agencies
Item 3: Members' Statements

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Bill Braden

Bill Braden Great Slave

Merci, Mr. Speaker. The idea of governing and governance is a big one and sometime in our lives all of us have to deal with it. That may be only to choose to go to the polls and cast a vote once in a while, maybe even choose a side or wave a banner in front of the Legislative Assembly and if you want to live on the edge, some people might even want to make a career of it. But it is a freedom and a right that many Canadians have fought and died for, to be able to have our say and participate in the way we are governed. Some might even say it's an obligation.

Mr. Speaker, I think everyone agrees with the idea that the decisions are best made as close as possible to the people who are directly affected. The same goes for managing and delivering public sector services. So, when we as a public government of the NWT establish boards or committees to help manage and set up systems that deliver our services, we are doing it with all the right intentions.

But over the past 30 years of building the governments of the old and the new NWT, I believe that we have lost a lot of the focus and the purpose and the benefit of creating governments at the local and regional level. Much to our discredit, Mr. Speaker, this legislature saw the spectacular destruction of one of our most senior corporate boards, the power corporation and the muffled extinguishment of the health system's most senior board, the Stanton, because government was not paying attention to its duty to govern.

Mr. Speaker, we've created dozens of panels, boards, committees, agencies, councils, associations and authorities, enough that the Department of Executive created a booklet to catalogue them all. Many of them exist only on the strength of a contract or mandate assigned by this government. Yet, in many cases, I don't think we have very much of an idea of whether or not they are fulfilling their mandates, of their accomplishments or their impact. In fact, Mr. Speaker, reporting or auditing of these agencies often focuses primarily on whether money was spent according to the rules and not on what really happened or what they deliver.

We should be committed, Mr. Speaker, not only to the idea of government getting value for money but to the idea that when we ask people to come forward to serve on our boards and agencies, they want to make a contribution that will be of value. They want to put their time and talents to the best possible use. My plea today is for our Government of the Northwest Territories to press ahead with an accountability structure for boards and agencies that will set out clear direction, enable people to deliver desired results, and report results and performance in ways that really will help us to better govern, in ways that are as close as possible to the people affected. Thank you. Mr. Speaker.

---Applause

Authority And Accountability Of Boards And Agencies
Item 3: Members' Statements

Page 543

The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. McLeod.

Potential Liability Of Boards And Agencies
Item 3: Members' Statements

Page 543

Michael McLeod

Michael McLeod Deh Cho

Thank you, Mr. Speaker. Mr. Speaker, I do have some concerns with respect to boards, more specifically with respect to the liability of board members who make decisions in the course of their duties. Most of the boards established by this government are made up of volunteers and training is very limited as to how to perform their duties. Mr. Speaker, I'm not sure if they get a full orientation of what their responsibilities are and what risks they take when they make the decision, especially if that decision has an impact on other people's lives.

Are board members liable for decisions that they make, Mr. Speaker? Some boards clearly have a provision that speaks to liability and the legislation that established them. For example, Mr. Speaker, I don't believe there is provision in the social assistance act that speaks to the liability of Members on the social assistance appeals board. Mr. Speaker, if there ever was a legal challenge to some of these decisions, are these people who serve as board members protected? Will they have to defend themselves in court or will the government pay for their legal costs?

Mr. Speaker, I wonder if the government provides enough support and resources to these boards so they can investigate properly and obtain all the information necessary to exercise due diligence. Mr. Speaker, I'm not just talking about the minimum amount of funding to provide a service or hold a meeting. I mean enough money and departmental support to ensure that the decision made are based on all the facts.

Mr. Speaker, if the Government of the Northwest Territories establishes these boards, can the government be liable for breach of duty if we fail to properly support our boards? Mr. Speaker, I raise these issues today because I believe that if the government establishes a board, then the government has a responsibility to ensure that board can do its job properly. Thank you, Mr. Speaker.

---Applause

Potential Liability Of Boards And Agencies
Item 3: Members' Statements

Page 543

The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Bell.

Accountability And Reporting Of Boards And Agencies
Item 3: Members' Statements

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Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker, I would like to join my colleague in also talking about accountable governance and I would first like to start with a quote from the Auditor General of Canada, Ms. Sheila Fraser. She made this statement in an address to the school of accountancy at the University of Waterloo. On the subject of accountability, she said, Mr. Speaker, "accountable government requires that Members of Parliament be able to approve the governments' plans for spending and scrutinize the results of that spending" and I think it is very important to keep that in mind.

We know in our system, typically the business plans and budgets of government departments are presented in some detail to the standing committees. We review them, discuss them, debate them, certainly when the main estimates are tabled. The GNWT has also developed and established various boards, health and social services authorities, education authorities, local housing organizations and these assist in the delivery of programs and services on behalf of this government. It's important to keep in mind, Mr. Speaker, they are spending public money to achieve results.

In some instances such as the WCB or the NWT Power Corporation, two good examples, there is a provision made for legislative scrutiny because there is a requirement to table annual reports and audited financial statements. In other instances, Mr. Speaker, education and health authorities for example, respective departments show a line item for a contribution. There is no detail provided on how these entities plan to spend their money and there is no opportunity for the Legislature to scrutinize activities to see if results are being achieved. Mr. Speaker, presumably the Minister receives this detailed level of information. We know the Financial Administration Act requires it and requires that audited statements be provided.

Mr. Speaker, I think the key is people in the Northwest Territories believe that anybody delivering a government service is part of the government. Ultimately if people aren't happy with the service levels, they blame the Government of the Northwest Territories. The buck does stop here, Mr. Speaker. While responsibility and authority can be delegated to boards and other entities delivering programs and services on our behalf, the responsibility for the Legislative Assembly to approve and scrutinize public spending can't be delegated away. I think that's an important thing for us to keep in mind. Thank you, Mr. Speaker.

---Applause

Accountability And Reporting Of Boards And Agencies
Item 3: Members' Statements

Page 544

The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Nitah.

Development And Support Of Boards And Agencies
Item 3: Members' Statements

Page 544

Steven Nitah Tu Nedhe

Mahsi cho, Mr. Speaker. Mr. Speaker, the document Towards a Better Tomorrow, the document that guides this government's actions and visions, says that this government has a vision of healthy, self-reliant communities. Part of being self-reliant is the ability to take charge of your own affairs, Mr. Speaker. Mr. Speaker, when the government dissolved the Lutselk'e and Deninu health and social services boards, the Yellowknife Health and Social Services Board assumed the responsibility for programs and services in these communities.

Mr. Speaker, two things happened when these boards were dissolved. First, local people were no longer representing the people as trustees. Secondly, an opportunity to build capacity in the community was lost. It's not consistent with the document Towards a Better Tomorrow. The people were told they would still have a say in how things were going to be run. The two communities are supposed to have a seat on the Yellowknife Health and Social Services Board and their funding will be channelled to Yellowknife. People still feel that they aren't in the best position to provide advice to the Minister on what the community needs and priorities are. They want to do that without having their voices filtered through another layer of regional administration.

Mr. Speaker, when the boards were dissolved, an opportunity to develop community capacity was lost. Perhaps if more support was provided by the department, all would not have been lost. Mr. Speaker, this government could have provided continuous training to board members on their roles as trustees. They could have provided training to administrative support positions, adequate funding to provide necessary programs and services could have been provided, and perhaps the capacity of these communities to look after themselves would have been developed.

Mr. Speaker, if the government wants people to become self-reliant and live in healthy communities, the government should look at ways to develop community services boards, to take control of programs and services and to help create an economic base through the creation of employment at the community level. Mr. Speaker, harmonization ...(inaudible)...income support. Options have to be there other than income support in the communities and work development is one of those ways. Mahsi cho, Mr. Speaker.

---Applause

Development And Support Of Boards And Agencies
Item 3: Members' Statements

Page 544

The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Dent.

Authority And Accountability Of Boards And Agencies
Item 3: Members' Statements

March 5th, 2003

Page 544

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, Members today have spoken on the topic of using boards and agencies to deliver government programs and services and have raised a number of issues about the reasons why we use boards rather than government employees. Mr. Speaker, I would like to note that I almost always hear Ministers and Members talk about the need for regional representation on boards. That makes sense to me, particularly if the major reason for using boards is to bring regional input to the table. If that's the case, then should we not also expect that board members will account to the people of the region, since the role is much like of that of the MLA, although for a single purpose, to work on the board.

Mr. Speaker, we don't always seem to require this. In the accountability framework tabled by the Minister of Health and Social Services yesterday, health and social services trustees are accountable to the Minister, but have an obligation to answer to the people of their regions. Now, Mr. Speaker, "answerability" is not found in any dictionary in which I have managed to look. Thank goodness it is defined in the framework. But is that definition accepted by everyone?

Delegating responsibility for delivering services is quite common for governments. As long as the partnership is properly defined for both partners, these partnerships can be very useful, but, Mr. Speaker, there has to be a common understanding of the arrangements and responsibilities between the government organization and the partner organization. How authority is shared and an agreement clearly setting up the manner in which the parties will work cooperatively to achieve a public policy must be in place. My observation is we have done this best with education authorities. We have detailed legislation outlining roles, so trustees know their responsibilities. Trustees are elected, so they currently understand to whom they must be accountable.

Mr. Speaker, we need to consider the issue of accountability in more detail for boards that are appointed by the government. They are considerably different than arm's-length elected bodies. I think we must be careful not to create situations where Ministerial accountability is weakened by appointed boards, so that Ministers can shelter themselves from direct accountability to the Legislature by the actions of appointed boards.

Mr. Speaker, the increasing use of boards requires that we examine the questions that arise with respect to governance and accountability. We must soon debate and agree on the proper roles for government, departments, the Assembly, our board and agency partners and the public. Thank you, Mr. Speaker.

---Applause

Authority And Accountability Of Boards And Agencies
Item 3: Members' Statements

Page 545

The Deputy Speaker

The Deputy Speaker David Krutko

Item 3, Members' statements. Item 4, reports of standing and special committees. Mr. Dent.