This is page numbers 1857 - 1898 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 chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Chairman. I am pleased to present the Ministry of Aboriginal Affairs' 2005-2006 Main Estimates for the committee's consideration.

The proposed operational budget for the ministry is $8.198 million. This is a $265,000, or 3.1 percent, net decrease from the 2004-2005 Main Estimates due to the following factors:

  1. $297,000 in budget reductions, primarily in the areas of travel and contract services, as well as a reduction of one position;
  2. a $30,000 net increase in term funding to resource devolution negotiations; and
  3. a $2,000 increase from Public Works and Services to assist with increase TSC chargebacks.

The resources will be used in support of the ministry's primary objective which is to represent our government and protect the interests of all residents of the NWT in the negotiations of lands, resources and self-government agreements, as well as devolution and resource revenue sharing agreements. Furthermore, the ministry is tasked with maintaining mutually beneficial working relationships with aboriginal governments.

Negotiations

The ministry is currently involved in the nine negotiation tables: Beaufort-Delta, formally known as the Gwich'in and Inuvialuit; Deline; Tulita; Deh Cho; Akaitcho; Northwest Territory Metis Nation; Saskatchewan Denesuline; Manitoba Denesuline; and devolution and resource revenue sharing. Once negotiations are concluded, the ministry is also responsible for coordinating and overseeing the GNWT-wide implementation of the settled agreements.

These negotiations are usually tripartite in nature and vary in complexity. For instance, the Gwich'in and Inuvialuit are working towards a regional style of self-government, the first ever in Canada, and the communities of Deline and Tulita are aspiring for a community-style self-government. A combined lands, resources and self-government agreement will result in four public community governments and a Tlicho regional government in the Tlicho settlement area.

To date, the Beaufort-Delta and Deline have signed agreements-in-principle and are working on their final self-government agreements. As we all know, the Tlicho Final Agreement recently received Royal Assent. All parties have also now agreed upon an effective date of August 4, 2005.

Progress is also being made on other lands, resources and self-government tables. The Northwest Territory Metis Nation expects to have a draft agreement-in-principle this summer. The Akaitcho Dene First Nations look forward to signing a principles document during Minister Andy Scott's visit this summer. The GNWT fully supports these objectives and is working with Canada, and the Northwest Territory Metis Nation and Akaitcho to achieve them.

Devolution

Through discussions on the Northern Strategy, the Prime Minister agreed that devolution is a priority and has targeted an agreement-in-principle for this spring and a final agreement in 2006.

Claims Implementation Activities

In addition to the operational budget, the ministry receives $313,000 from the Government of Canada to fund three positions to coordinate and manage GNWT implementation activities flowing from the Inuvialuit, Gwich'in and Sahtu land claim agreements.

  • • With respect to the Sahtu Final Agreement, the ministry, the Government of Canada and the Sahtu Secretariat Incorporated successfully negotiated a new 10-year Sahtu implementation plan. In recognizing the increased level of activity in the Sahtu settlement area, the new plan includes a substantial increase in operational funding for the various Sahtu land claim boards, the Sahtu Secretariat Incorporated and the renewable resources councils;
  • • With respect to the Gwich'in Final Agreement, the ministry is working with the Gwich'in Tribal Council, Canada and a contractor to produce an educational CD-ROM for school-age children in the Gwich'in settlement area. The CD-ROM highlights the history and content of the Gwich'in Land Claim Agreement;
  • • The ministry is working closely with GNWT departments, the Tlicho and Canada to ensure that all pre-implementation activities are completed prior to the August 4, 2005, effective date; and
  • • In follow-up to the Auditor General's recommendations, the Inuvialuit, Gwich'in and Sahtu implementation committees agreed that their respective annual reports should be more results-based. Historically, the annual reports have only reported on activities and accomplishments of the previous year. Results-based reporting will strengthen the reporting process by helping the parties to define clear objectives and measurable indicators. With measurable indicators, the parties will be able to determine success over time with respect to implementing land claim activities and obligations. The ministry is working with each of the implementation committees to overhaul the format of the annual reports, consistent with recommendations put forward by the Auditor General.

This concludes my opening remarks, Mr. Chairman. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. I have Mr. Menicoche, as chairperson of AOC, for committee's comments.

Ministry Re-profiling

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you, Mr. Chairman. The Standing Committee on Accountability and Oversight has noted with concern that there is a substantial degree of

duplication and/or overlap between certain mandates and activities of the Ministry of Aboriginal Affairs and those in the Executive, in particular the Intergovernmental Relations and Strategic Planning office, IGRASP. Some Members are of the opinion that this has led to a waste of valuable human and fiscal resources. Others point to the overlap of responsibilities and accountability of certain high-level GNWT officials.

An important part of the work undertaken by the Ministry of Aboriginal Affairs and by IGRASP relates to devolution and resource revenue sharing negotiations. This work falls under the ministry because of the nature of the tripartite negotiations with the federal government and the Aboriginal Summit, whereas the IGRASP office is involved because of its responsibility for GNWT participation in intergovernmental activities.

Members also note that the incumbent secretary to Cabinet, to whom the IGRASP office reports, also assumes the position of deputy minister for Aboriginal Affairs. Furthermore, a new associate deputy minister position has now been created within the Executive, to work closely with the secretary to Cabinet and deputy minister for Aboriginal Affairs. This position has been filled by an individual who will continue to occupy the position of assistant deputy minister for IGRASP, as well as assuming new duties as associate deputy minister. Given this level of overlap, the committee does not see a convincing rationale to continue to operate two separate units.

The standing committee has brought the issue of duplication to the attention of the Premier on several previous occasions and the Premier has responded favourably to consolidation, however, it has been brushed off as a project for a later date. The committee is of the opinion that it is well past time to bring these two separate entities together in one unit for the sake of clarity of mandate as well as streamlining efficiencies with the aim of cost reduction.

Finally, Members have pointed out on several occasions that there is a disconnect between the title 'Ministry of Aboriginal Affairs' and the important work that is done on behalf of all northerners in the area of devolution and resource revenue sharing. Consideration for a name that more accurately reflects the business of the ministry could also be looked into at this time.

Recommendation

The Standing Committee on Accountability and Oversight recommends that the Premier come forward to the committee, prior to the review of the 2006-2009 Business Plans, with options to re-profile the Ministry of Aboriginal Affairs and IGRASP.

The committee further recommends that the proposed options address the existing problem of duplication of responsibilities and identify possible cost reductions.

Thank you very much, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Menicoche, for your opening comments. Minister Handley, would you like to bring in witnesses?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Yes, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Does committee agree that we allow witnesses?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, committee. Sergeant-at-Arms, if you could please escort in the witnesses.

Thank you. Minister Handley, if you could, for the record, please introduce your witnesses.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Chairman. On my left is Veronica Puskas, the manager of planning and analysis for the Ministry of Aboriginal Affairs; on my right is Bob McLeod, deputy minister of the Ministry of Aboriginal Affairs. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Welcome, Mr. McLeod. Welcome Ms. Puskas. We will now move on to general comments on departmental estimates for Aboriginal Affairs. Mr. Menicoche.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you, Mr. Chairman. With respect to Aboriginal Affairs as it applies to the whole of the NWT and particularly my riding where we have the Deh Cho First Nations engaged in their process of, they call it the Deh Cho process, are the efforts similar to what is going on with the NWT of wanting to maintain control over their resources. I am glad to see that our government is supportive of this and, for the most part, is trying to keep their hands away from it and let the process unfold, particularly in the last year or so, where it has been particularly tense in the court cases launched by the DCFN and the federal government.

Of course, in the midst, embroiled in all of this, are some of the things that are of interest to us as a government, which is the planned Mackenzie Valley gas pipeline project. It has a huge impact for us in terms of upsetting the stage for future growth for the Territories as a whole and all the communities. In the middle of it all, of course, is the Deh Cho First Nations, and rightly so, because the majority of the planned pipeline passes through the Deh Cho region.

I come here and I am supportive of the aims and the goals of the Deh Cho First Nations. I have said many times in the halls of the Legislative Assembly, that the last time they created or installed a pipeline in the Northwest Territories, our communities didn't benefit at all. This is something that is near and dear to me as well, and it is something that I want to get on with; this socioeconomic agreement and making sure, at least from a government perspective, that our communities and our people are protected in the long term. That is aside from the land claims or the Deh Cho process that is happening right now, Mr. Chairman.

There are a few different things that are happening that apply to the Deh Cho First Nations. We have the Intergovernmental Forum, the Aboriginal Summit, DCFN is still listed as observes and I still think that we have to extend every effort and continue to invite them to the table and assure them that just because they are participating, that doesn't mean that they are buying into the process. For the most part they are saying that they're against, but then they have to be involved too, because the more they know about the process, then the better informed they are. There are lots of things that are happening. I don't

know if it's outside of them, because they are choosing not to participate, but if we somehow use our Aboriginal Affairs to encourage, to ask for their involvement. Just because you are involved, does not mean that you are saying yes to anything. The more knowledge that we are able to share with them or the more knowledge that they want to get from our process, would be that much better for things as we go along in the future here, Mr. Chairman.

With respect to devolution, perhaps the Premier or the Minister can let me know -- I believe there were four areas of devolution left -- in terms of defining it. There is water, there are lands and resources, I believe mining was one of them. If the Minister can speak to those four things and some of the current plan that is being planned by the department in terms of assisting devolution processes. Mr. Chairman, I think I will just end on that note and allow the Minister to respond. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Menicoche. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Chairman. Let me say, first of all, that we do respect the Deh Cho process and the right of the Deh Cho people to negotiate the process that is underway right now. Our approach to this has been to be helpful and, at the same time, not be blocking anything that may be standing in the way.

At the same time, Mr. Chairman, while we want to be supportive of the Deh Cho, we also have to ensure we carry out our government responsibilities for all other regions in the Territories and other settled claims and other negotiations. We are continually needing to balance our activities and we try to do that in a way that is sensitive to everyone's rights and aspirations.

Mr. Chairman, we do continue to support the Deh Cho, we continue to invite them to the meetings that we have. Whether it is with the Aboriginal Summit or meetings with aboriginal leaders in some other capacity, the Deh Cho are always invited. I have not turned down an opportunity to meet with Deh Cho leaders at the community level or at the regional level.

I want to help this move along. Like others, I suppose, I also want to see the Mackenzie Valley pipeline go ahead, but go ahead in a way that is beneficial to everybody. We are not running over somebody's rights, so I support the Mackenzie Valley pipeline and hope that we are able to work well with the Deh Cho in achieving both of those.

I think we can have both things happening at the same time, where we are moving ahead with the Deh Cho negotiations, at the same time as the pipeline pre-approval activities are going on over the next two or three years. There have not been negotiations with the Deh Cho since November, when the court cases were filed, so it has been frustrating for everybody that there is no progress being made right now.

There are a number of areas, as the Member has mentioned, that are under negotiation. Environmental management regulation is certainly a piece of it; that includes how the lawmaking authority is going to be settled there. There is the MVRMA boards and process and how that will come together. The Crown lands and waters are certainly areas that are being considered for devolution, which includes the administration and control of federal Crown lands, surface and subsurface, and authority to collect resource royalties and revenues and so on. Administration and control of water and whatever other associated powers are under section 92 (a).

I might emphasize, Mr. Chairman, that some processes, such as the MVRMA, are not -- I think the federal government has made that pretty clear -- going to create another process, but, again, that is their position at this time. Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Mr. Menicoche.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you, Mr. Chairman. That is fine now, Mr. Chairman. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Menicoche. Mr. Braden.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chairman. As Mr. Menicoche highlighted when he read the report, the area that rose up from our briefing with the Minister on this was the growth in separate fields, Mr. Chairman. The mandate and the role of IGRASP, as relates to the mandate and the role of Aboriginal Affairs; the crossover and overlap that these two agencies were starting to see.

Also, Mr. Chairman, as the report details to some extent, the creation or jockeying of senior deputy positions to try to accommodate this. The recommendation that committee has made here, Mr. Chairman, is that we would like the Premier to come back in the next business plans with options to reprofile the Ministry of Aboriginal Affairs and IGRASP, to see if there is a way of streamlining what does appear to be sort of concurrent mandates going up in different regions.

What I wanted to ask the Premier, Mr. Chairman, was whether he sees that this is an area where we could do with some streamlining or some re-profiling. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Braden. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Chairman. There is always room to streamline and if we can find areas to do it in, then we will do that. We certainly take seriously the committee's recommendation that we look at how we can integrate IGRASP and Aboriginal Affairs and for that reason, I have not appointed another deputy minister for Aboriginal Affairs. Rather, I have asked Mr. McLeod to assume both roles; not both salaries, but both roles.

We have been doing it that way and I intend, as soon as we have time to do this -- and I hope we can do that this summer -- to start doing some work on how we could integrate the IGRASP and MAA so it all becomes an intergovernmental affairs department, whether it is aboriginal government, provincial government, federal government and so on. We are looking at that, we heard the committee loud and clear and we will continue to work in that direction.

Mr. Chairman, I would say that there is less room for streamlining with Aboriginal Affairs and Executive and so on than you might have in other departments, because a lot of our core services are already integrated. For example, finance and administration is just one section that provides services for Executive, for FMBS, for Aboriginal Affairs, so there is no savings there. The

savings would be primarily, I suppose, at the senior management level there may be some positions, but these are both small departments; they are not going to save us millions of dollars.

One other comment I want make, Mr. Chairman, is with regard to the associate deputy minister position we have created in IGRASP -- even though we are not doing the Executive, Members have referred to it -- that one is partly because of the workload and responsibilities that people have to carry and the fact that I have one deputy acting for two departments, so just the workload and the responsibility. The other piece is that this is also a way of getting females into senior management positions. The associate deputy minister, Gabriella Sparling, is basically taking on many of the responsibilities we would normally give to a deputy. That is one way of doing that, as well. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Mr. Braden.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chairman. I appreciate the discussion. I guess, Mr. Chairman, I wanted to double check with the Premier that the committee more or less has it right. We aren't misreading or misinterpreting some of the actions that have been taken and we are not totally off base in recommending that. At least from our side of the fence, we do see a number of similarities coming through here and we found it confusing; mandates that were seemingly quite similar and seemed to involve a lot of the same people and the same outside organizations, but yet were being handled in different places.

As long as the committee hasn't fundamentally misread something, then I look forward, Mr. Chairman, to something later on this summer, if I heard the Premier right this time, perhaps a more combined intergovernmental affairs shop. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Braden. Mr. Minister.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Chairman. No, I think the committee is right and we are looking at that and, in fact, there are sections -- I think the main one is the policy and communication section -- where we may be able to integrate those responsibilities between IGRASP and MAA into one section, even before we get into the business plans for the next fiscal year, 2006-07.

Where we can, we will begin, but, Mr. Chairman, the committee's recommendation is fair and one that we respect. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Mr. Braden.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

That is it. Thank you, Mr. Chairman.