This is page numbers 557 - 592 of the Hansard for the 15th Assembly, 3rd 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 zoe.

Topics

Financial Support For Team NWT And The Canada Senior Games
Item 3: Members' Statements

Page 561

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker. Mr. Speaker, following up on my commitment to speak on the issues related to senior citizens, I am happy to highlight a pamphlet that arrived in my Member's e-mail box this morning rather fortuitously. Mr. Speaker, that has to do with the Team NWT to the Canada Senior Games competition beginning in September of this year in Whitehorse.

Mr. Speaker, the Canada Senior Games is a national program to sponsor wellness, spiritual, mental and physical wellbeing among Canadians 50 years of age and older. Provincial and territorial programs come together annually or bi-annually in different locations across Canada. The first national games were held in Regina in 1996, the second in Medicine Hat in 1998, and the third in Summerside, PEI, in 2002. The next games are in Whitehorse.

Mr. Speaker, the event brings together amateur competitors who participate for the sheer joy of competition, for the opportunity to visit other parts of

Canada and for the camaraderie and social interactions that are integral and essential pillars to maintaining spiritual, mental and physical wellbeing.

The NWT Seniors' Society, now celebrating 21 years in the Northwest Territories, are managing and sponsoring Team NWT. Mr. Speaker, it is my understanding that our very own Paul Delorey is a member of the senior team.

---Applause

I can assure you that I am not yet. Mr. Speaker, along with the support of corporate and individual donations, Team NWT is seeking the support of the government at all levels. There will be approximately 35 competitors. In addition, many non-participants will be cheering NWT on as they compete for our territory. Many volunteers from communities in Fort Simpson, Hay River, Fort Smith and Yellowknife have accumulated hours of work in fundraising campaigns and presentations to get their communities throughout the North represented on the team. Mr. Speaker, the NWT Seniors' Society believes that by investing in this endeavour, governments will save money. They really know how to make a good argument, Mr. Speaker. May I seek unanimous consent to conclude my statement? Thank you.

Financial Support For Team NWT And The Canada Senior Games
Item 3: Members' Statements

Page 562

The Speaker

The Speaker David Krutko

The Member is seeking unanimous consent to conclude her statement. Are there any nays? There are no nays. You have unanimous consent to conclude your statement.

Financial Support For Team NWT And The Canada Senior Games
Item 3: Members' Statements

Page 562

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker. There is a very positive aspect to this. I do believe we released a statement yesterday talking about self-relying individuals and working towards wellness. I do not think anybody could disagree that active seniors are healthy seniors who have less need and make less use of the health care system. By engaging people as soon as they become seniors -- 55 plus for the purpose of the games -- the society hopes to get them active both physically and mentally and keep them active for the rest of their lives. In 2002, the oldest participant at the games was 92 years old. Team NWT's oldest competitor is 83 years young. My mother, who would probably not forgive me if I gave her age, is a much better bowler than I am.

Mr. Speaker, with Canada's rapidly aging population and escalating health care costs, it is obvious that the more we can do to keep seniors healthy and active, we will be building a more cost-effective system for everyone, governments and society in general.

I want to conclude my statement by stating to the Minister responsible for Seniors and Cabinet, that I am in full support of the proposal by the NWT Seniors' Society for $65,000 in funding to get the 35 seniors to represent the NWT. I would like to ask the support of Members in this Assembly and Cabinet and reply as soon as possible. Thank you, Mr. Speaker.

---Applause

Financial Support For Team NWT And The Canada Senior Games
Item 3: Members' Statements

Page 562

The Speaker

The Speaker David Krutko

Item 3, Members' statements. Member for Great Slave, Mr. Braden.

Residency Criteria Of The Affirmative Action Policy
Item 3: Members' Statements

Page 562

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. For many years, the GNWT has hired its workforce using a three-stage policy, based on race, residency, gender and ability. In a report filed in November of 1998, called the GNWT Report on the Affirmative Action Policy, the government of the day committed to examining at least one aspect of this, which was the residency condition under this policy. To date, Mr. Speaker, we are looking at about six years now. I am not aware of any changes to the definition of a long-term northerner under the affirmative action policy.

Mr. Speaker, the Canadian Constitution does allow for affirmative action programs, provided they meet certain criteria. I assume that when the affirmative action policy was first introduced, this government confirmed that its policy did meet that criterion. But, over time, things change. The question now, I believe, is whether our affirmative action policy still meets the criteria and whether the government examines such policies on a regular basis.

Mr. Speaker, for a person to be classified as a P2 candidate under this residency criteria of the affirmative action policy, it is necessary that they spend over half of their lives in the Northwest Territories. Now, constituents have brought it to my attention that this provision of our affirmative action policy is, in effect, age discrimination. They point out, for example, that a person who moved here when they were 10 years old would be eligible for P2 affirmative action hiring status in our government when they were 20 years old, just in time to get a good education and enter our workforce. But their parents who may have moved here when they were 30 years of age would not be eligible for that same status until they were 60 years old, just in time to retire.

Mr. Speaker, this part of our policy is unfair to all of the people who made a commitment to the Northwest Territories. I can see merit in maintaining such a classification to recognize a commitment to people who have made a long-term investment here in the Northwest Territories. Our workforce should be representative of the people it serves. But, in my mind, half a lifetime is far too long for determining that a person is a long-term northerner eligible for hiring by this government. Thank you, Mr. Speaker.

---Applause

Residency Criteria Of The Affirmative Action Policy
Item 3: Members' Statements

Page 562

The Speaker

The Speaker David Krutko

Item 3, Members' statements. Member for Tu Nedhe, Mr. Villeneuve.

Salute To The Cooperative Teamwork Approach Of This Government
Item 3: Members' Statements

Page 562

Robert Villeneuve

Robert Villeneuve Tu Nedhe

Mahsi, Mr. Speaker. Mr. Speaker, over the past couple of weeks, I have had the opportunity to meet with several Ministers to discuss various issues of concern to my constituency, Tu Nedhe, and to the residents of the Northwest Territories. During the course of these meetings with the Minister of Finance, the Minister of Municipal and Community Affairs, the Minister of Health and Social Services, the Premier and the rest of the staff, I was assured that many of the valid concerns would be addressed in a timely and effective manner, although I realize that many issues cannot always be resolved quickly and to everybody's liking at all times.

Mr. Speaker, it is my privilege to share with this House my evaluation of the government's practices and priorities which relates to my constituency issues. Mr. Speaker, I am glad to say that this government is moving forward on addressing and resolving many issues of concern that have not received the same level of attention in the past. I am happy to see that there is cooperation, transparency and responsiveness to many concerns that are being brought to the government's attention in a manner that is both expedient and satisfactory on most accounts, like the creation of another family law clinic and the reinstatement of the language nest program.

Mr. Speaker, I would like to commend the government's cooperative teamwork approach to solving many outstanding problems, and I encourage them to continue to build my confidence in this government. Mahsi, Mr. Speaker.

---Applause

Salute To The Cooperative Teamwork Approach Of This Government
Item 3: Members' Statements

Page 563

The Speaker

The Speaker David Krutko

Item 3, Members' statements. Member for Inuvik Boot Lake, Mr. Roland.

Salute To The Fire Department - Fire At Samuel Hearne Secondary School
Item 3: Members' Statements

Page 563

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, earlier this month, the students and staff of Samuel Hearne Secondary School in Inuvik narrowly avoided tragedy when the roof of the foyer collapsed. As a parent of three children in the school and as MLA for the area, I am grateful that no one was injured. Since then, efforts have been focused on getting students back to class so that they are able to complete their school year. Although the subsequent fire in the gymnasium was a major setback, the timely response of the Inuvik fire department and the efforts of the school and education officials, government departments, and regulatory agencies and contractors have paid off. After a few short weeks, the school has re-opened and classes have once again resumed at the SHSS this week.

I would like to take the opportunity to convey my appreciation to all the people in the department and the agencies that pulled together to ensure that the situation was addressed so quickly and efficiently. In particular, I would like to thank the firefighters who assisted in containing the fire.

Mr. Speaker, a great deal remains to be done. As a parent and MLA, I commit to working together with all associated agencies and individuals to ensure that students and staff are safe, secure and able to continue with their learning. Thank you, Mr. Speaker.

---Applause

Salute To The Fire Department - Fire At Samuel Hearne Secondary School
Item 3: Members' Statements

Page 563

The Speaker

The Speaker David Krutko

Item 3, Members' statements. Item 4, Reports of Standing and Special Committees. Mr. Delorey.

Committee Report 4-15(3): Report On The Review Of Bill 5, Tlicho Community Government Act
Item 4: Reports Of Standing And Special Committees

May 26th, 2004

Page 563

Paul Delorey

Paul Delorey Hay River North

Thank you, Mr. Speaker. The Standing Committee on Governance and Economic Development is pleased to report on its review of Bill 5, Tlicho Community Government Act.

The committee heard from members of the public on Bill 5 on May 11, 2004, in Rae, and on May 13th in Yellowknife. Public hearings with the Minister took place in Yellowknife on May 10th and May 14th.

The committee would like to thank all the individuals who took the time to prepare submissions or to make presentations at our public hearings, and in particular those who traveled from Gameti, Wekweti and Wha Ti. The committee would also like to thank the Minister and his staff for presenting the bill.

The Tlicho Community Government Act is an unusual bill in that it flows out of a three-party agreement that, barring unforeseen circumstances, will be adopted as law by federal settlement legislation and will be constitutionally protected under section 35 of the Constitution Act, 1982. This assembly has already made provision to adopt the agreement as territorial law through the Tlicho Land Claims and Self Government Agreement Act, which was passed last fall.

Bill 5 is intended to fulfill the GNWT's obligation under chapter 8 of the Tlicho Agreement to introduce community government legislation for Behchoko, Gameti, Wha Ti, and Wekweti in keeping with the model agreed to by the Dogrib Treaty 11 Council, the GNWT and the Government of Canada. The agreement sets out a number of provisions that must be included in the legislation, in particular the composition and jurisdiction of the community government councils. As a result, there is very little latitude for the Legislative Assembly to make major changes to this bill without, in effect, repudiating the agreement and its own settlement legislation passed last fall.

The committee heard from several elders and leaders in Rae, including delegations from Gameti, Wekweti and Wha Ti, who spoke of the importance of the bill and the tremendous amount of work that has been done by many people to get to this stage of implementing the Tlicho Agreement. The presenters unanimously gave their unconditional support to Bill 5 and asked that it be passed as soon as possible. In the words of one of the presenters, (translation):

Today we are talking about this bill that we have been working on for many years. We want this bill to pass as soon as possible. We talk about our young people, and those of us who are from the surrounding isolated communities have a lot of young people in our communities. We are doing this for them.

In Yellowknife, the committee heard from two Metis local representatives who asked that the passage of this bill be postponed until the rights of Metis in the North Slave region can be addressed. There are unresolved issues within that community that have delayed articulation and recognition of their treaty and aboriginal rights. It is to be hoped that once these rights have been articulated, the outstanding concerns can be resolved and the rights of all aboriginal people within the North Slave can be exercised on a collaborative basis.

As required by the agreement, Bill 5 provides that the chief and at least half of the councillors in each of the four

community governments must be Tlicho citizens. Only Tlicho citizens may vote for the chief. The committee received two written submissions that raised concerns about whether this guaranteed representation would violate the rights of non-Tlicho citizens, in particular their democratic, equality and mobility rights under the Canadian Charter of Rights and Freedoms. One of the submissions also questioned why the community governments were being established by GNWT as opposed to Tlicho government legislation, and suggested that it would be more efficient if all NWT communities were covered by a single piece of legislation.

As previously explained, the committee has very little room to recommend major changes to this bill without effectively asking the parties to go back to the negotiating table, something they are not likely to agree to at this stage. The committee does not have a position on guaranteed representation for Tlicho citizens, and notes that it is impossible to predict with any certainty whether the courts, in the wake of a Charter challenge, would uphold this guaranteed representation model and agree that the three parties arrived at an acceptable balance between the respective rights of Tlicho and non-Tlicho. Some committee members suggested that this community government model was a good compromise by all parties that was apparently intended to avoid the potential divisiveness and inefficiencies of having separate local governments for Tlicho and non-Tlicho Citizens.

One member of the committee voiced further concerns regarding the availability of land in the settlement region for future economic development. In keeping with the agreement, Bill 5 places a 20-year moratorium on selling community government lands. Following the 20-year period, the community governments will be able to transfer fee simple title, with voter approval. The Minister advised that lands would still be available for lease in accordance with past practices in this regard.

The clause-by-clause review of Bill 5 took place on May 14th. Seven amendments to correct minor oversights and to reorganize the schedules were agreed to at that time.

Following the committee's review, a motion was carried to report Bill 5, Tlicho Community Government Act, to the Assembly as ready for Committee of the Whole as amended and reprinted.

That concludes the report of the Standing Committee on Governance and Economic Development on the review of Bill 5, Tlicho Community Government Act.

Motion To Receive Committee Report 4-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 563

Paul Delorey

Paul Delorey Hay River North

Therefore, I move, seconded by the honourable Member for Tu Nedhe, that Committee Report 4-15(3) be received by the assembly and moved into Committee of the Whole. Thank you, Mr. Speaker.

Motion To Receive Committee Report 4-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 564

The Speaker

The Speaker David Krutko

The motion is in order. To the motion.

Motion To Receive Committee Report 4-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 564

Some Hon. Members

Question.

Motion To Receive Committee Report 4-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 564

The Speaker

The Speaker David Krutko

Question is being called. All those in favour? The motion is carried.

---Carried

Mr. Delorey.

Motion To Receive Committee Report 4-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 564

Paul Delorey

Paul Delorey Hay River North

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to waive Rule 93(4) and have Committee Report 4-15(3) moved into Committee of the Whole for today. Thank you, Mr. Speaker.

Motion To Receive Committee Report 4-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 564

The Speaker

The Speaker David Krutko

The Member is seeking unanimous consent to move the report into Committee of the Whole for today. Are there any nays? There are no nays. You have unanimous consent. The report will be moved into Committee of the Whole for today. Item 4, reports of standing and special committees. Mr. Menicoche.

Committee Report 5-15(3): Report On The Review Of Bill 6, Payroll Tax Act, 1993 And The Income Tax Act
Item 4: Reports Of Standing And Special Committees

Page 564

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you, Mr. Speaker. The Standing Committee on Accountability and Oversight is pleased to provide its report on the review of Bill 6, An Act to Amend the Income Tax Act, 1993 and the Income Tax Act.

The committee held public hearings on May 20 and 21, 2004, in Yellowknife. The committee would like to thank the NWT Seniors' Society for their presentation, and the NWT Chamber of Commerce, NWT and Nunavut Chamber of Mines and the NWT Construction Association for their joint written submission. The committee would also like to thank the Minister and his staff for presenting the bill.

Bill 6 is the final piece of legislation needed to put into effect the revenue initiatives announced in the 2004-2005 budget address. Bill 6 will increase the payroll tax from one percent to two percent, increase cost of living tax credits and reduce the personal income tax rate on the lower two income brackets. Bills 2 and 3, which were passed earlier this year, increased the large corporate tax rate and the personal income tax rates for the top two income brackets. The committee was advised by Department of Finance staff that, even including the payroll tax, the NWT's top personal income tax rate will still be one of the four lowest in Canada.

The combination of revenue measures represented by Bill 2, Bill 3 and Bill 6 will help to address the NWT's need to keep up with the tax efforts of other provinces and territories. The consequences of not keeping up are that the NWT would be penalized in its formula funding deal with Ottawa.

The increase to the payroll tax is primarily intended to allow the GNWT to collect more revenue from individuals who work in the NWT, but who reside and file their income taxes in other parts of Canada. The numbers of these fly-in/fly-out workers are steadily increasing as more resource developments come on-stream, and it is expected that there will be a significant spike with the construction of a Mackenzie Valley pipeline. Bill 6 will help to position the GNWT for increased resource development, although revenues from the payroll tax will continue to be modest unless and until the construction phase of the Mackenzie Valley pipeline begins.

The changes to the cost of living tax credits and the personal income tax rates for the lower two brackets are intended to partially offset the payroll tax increase for NWT residents. The committee commissioned independent research to gauge the combined impact of Bill 3 and Bill 6 on resident taxpayers in several different scenarios. The findings are appended to this report.

While the scenarios outlined are somewhat simplistic, they do confirm that lower and middle income wage earners will see modest net reductions in their overall income tax as a result of Bill 6.

Some residents with higher incomes will see a net loss as the higher tax credits and lower personal income tax rates will only partially offset the payroll tax increase for them. Taxpayers whose income comes from sources other than wages, such as pensions or self-employment, will see a net gain of as much as $800 because they will benefit from the changes to tax credits and tax rates although their income sources are not subject to the increased payroll tax.

Although some middle and high-income earners will see net losses in their take-home pay, the number of residents who will gain from these changes outnumbers those who will lose some income. In this context, those people who have fewer options to deal with the high cost of living in the NWT will be a little better off.

Although Bill 6 will directly benefit many lower and middle income earners, some committee Members stressed that tax increases cannot be looked at in isolation, but must be considered in the context of the high northern cost of living. Similar concerns were also raised in both submissions the committee received. The NWT Chamber of Commerce, NWT and Nunavut Chamber of Mines and NWT Construction Association suggested that an increasingly unattractive tax burden will make recruiting and retaining skilled and professional workers to the NWT even more difficult than it already is. The NWT Seniors' Society raised concerns that any tax reductions lower and middle income earners receive as a result of this bill could be more than offset by increases to the cost of living that result from a higher payroll tax.

The clause-by-clause review of Bill 6 took place on May 21st. Two amendments of a minor and technical nature were agreed to at that time.

Following the committee's review, a motion was carried to report Bill 6, An Act to Amend the Payroll Tax Act, 1993 and the Income Tax Act, to the assembly as ready for Committee of the Whole as amended and reprinted.

Mr. Speaker, that concludes the report of the Standing Committee on Accountability and Oversight on the review of Bill 6, An Act to Amend the Payroll Tax Act, 1993 and the Income Tax Act.

Motion To Receive Committee Report 5-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 564

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Therefore, I move, seconded by the honourable Member for Sahtu, that Committee Report 5-15(3), be received by the assembly and moved into Committee of the Whole.

Motion To Receive Committee Report 5-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 565

The Speaker

The Speaker David Krutko

The motion is in order. To the motion.

Motion To Receive Committee Report 5-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 565

Some Hon. Members

Question.

Motion To Receive Committee Report 5-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 565

The Speaker

The Speaker David Krutko

Question is being called. All those in favour? The motion is carried.

---Carried

Mr. Menicoche.

Motion To Receive Committee Report 5-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 565

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Mr. Speaker, I seek unanimous consent to waive Rule 93(4) and have Committee Report 5-15(3) moved into Committee of the Whole for today. Thank you, Mr. Speaker.

Motion To Receive Committee Report 5-15(3) And Move To Committee Of The Whole, Carried
Item 4: Reports Of Standing And Special Committees

Page 565

The Speaker

The Speaker David Krutko

The Member is seeking unanimous consent to move the report into Committee of the Whole for today. Are there any nays? There are no nays. You have unanimous consent. Committee Report 5-15(3) will be moved into Committee of the Whole for today. Item 4, reports of standing and special committees. Item 5, returns to oral questions. Item 6, recognition of visitors in the gallery. Mrs. Groenewegen.

Item 6: Recognition Of Visitors In The Gallery
Item 6: Recognition Of Visitors In The Gallery

Page 565

Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Speaker. Mr. Speaker, as I said in my Member's statement, it's a pleasure to have the Grade 6 students from Hay River in the gallery today. I would like to name them if they could just quickly jump up so we can see you. First of all, before we do that, Ginny Groenheyde, one of their teachers and Bob White is one of the teachers. Also from the PA school, Carolyn Carroll and I would also like to recognize my assistant Wendy Morgan who put a lot of work into this. Now for the students: Keisha Kipling, Jaeda Larocque, Ben Corneau, Allee Geade, Madison Sabel, Tanya Maher, Irene Angulalik, Rie Wiedemann, Alexander Tatti, Luke Lafreniere, Jeffrey Fabian, Amy Carroll, Jeremy Carroll, Brett Soroff, Seth Norn, Brieanne Glaicar, Jordee Walsh, Keegan Beaulieu, Kaillyn McNabb, Deanna Crook, Danielle Gardener, Melissa McKinnon, Catherine Monkman, Cheslea Pukanich and Jordan Fabian. Thank you, Mr. Speaker.

---Applause