Mr. Speaker, I have a return to written question asked by Mr. Lafferty on June 1, 2006, regarding public housing in Behchoko.

1. What is the total number of public housing units in Behchoko, and what is the number of each type of unit?

There are 182 public housing units in Behchoko, three of which are not operational as they are beyond economic repair. The configuration and number of each is as follows:

1-bedroom units - 28 units

2-bedroom units - 56 units

3-bedroom units - 52 units

4-bedroom units - 22 units

5-bedroom units - 1 unit

Seniors' complex - 9 bedrooms managed by Health and Social Services

Senior bachelor units - 14 units

2. ow many of those units are occupied by:

a) 1-2 persons - 55 units

b) 3-4 persons - 55 units

c) 5-6 persons - 35 units

d) 7-8 persons - 5 units

e) 9 or more persons - 3 units

3. What is the maximum number of persons occupying any one of those units?

At present, the maximum number of persons occupying any one unit is 10. The unit in question is a four-bedroom unit.

4. How many of those units had a monthly rent, as of June 1, 2006?

As of April 1, 2006, LHOs are no longer responsible for assessing monthly rent. Tenants are charged the maximum unit rent for their unit. Through its Income Support Program, the Department of Education, Culture and Employment provides a subsidy to cover a percentage of the rent charged. The level of this subsidy is determined through income assessment.

The maximum rent charged for each unit size is as follows:

Bachelor unit $776

1-bedroom unit $903

2-bedroom unit $1,157

3-bedroom unit $1,411

4-bedroom unit $1,665

5-bedroom unit $1,919

5. What is the highest rent being paid?

The highest rent being charged for any unit in Behchoko is $1,919.00 for a five-bedroom unit, which is the maximum unit rent for a unit of that size.

6. How many of those units have rent arrears owing by the current tenants of:

a) Under $100 43 tenants

b) $101 - $1,000 17 tenants

c) $1.001 - $5,000 26 tenants

d) $5,001 - $10,000 19 tenants

e) $10,001 - $15,000 12 tenants

f) $15,001 - $20,000 11 tenants

g) $20,000 - $30,000 15 tenants

h) $30,000 - $40,000 1 tenant

i) $40,000 - $50,000 6 tenants

j) $50,000 and over 4 tenants

7. What is the maximum amount of arrears owed on any one of those units?

The maximum amount of arrears owed by any individual or family is $76,413.00 as of June 7, 2006.

8. Of all the units on which arrears are owed, what are the average and median amounts of the arrears?

The average amount of arrears in Behchoko is $11,321.43. The median arrear amount is $5,958.

9. How many of those units have had major repairs within the past five years, and what was the nature of those repairs?

Maintenance and improvement projects have been completed on 28 units in Behchoko within the last three years. Projects completed include improvements and repairs to plumbing, foundations, flooring, water and sewer, roofing, windows, appliances and painting.

10. As of June 1, 2006, of the current public housing tenants, how many have had their most recent household income assessment within?

Prior to the transfer of responsibility for income assessment to the Department of Education, Culture and Employment on April 1, 20906, officials at the Rae-Edzo Housing Authority had completed 130 income assessments in the past year. Twenty-one public housing tenants had no income assessment completed between April 1, 2005, and April 1, 2006.

11. For each type of unit, what are the minimum, maximum, and average buy-out costs?

There is no minimum or maximum cost to purchase a public housing unit. The cost to purchase is determined based on an appraisal of the value of the unit. Interested purchases who qualify for Housing Corporation homeownership programs will receive assistance based on their income level.

12. As of June 1, 20906, how many of those public housing units had received at least one visit from a tenant relations officer within the last year?

In the last year, the tenant relations officer and other Housing Corporation staff have visited units to deal with administrative -- tenant check-in and out, review of repair requests, signing of rental agreements, et cetera -- and statutory requirements such as notice for rental officer hearings or orders, termination of agreements and court ordered evictions. The Rae-Edzo Housing Authority does not rely on client visits as part of routine administration. The administrative staff encourage tenants to come into the office regularly to pay rent, update documents and provide information on changes. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Mr. Ramsay on June 2, 2006, regarding the Dene K'onia facility project.

Public Works and Services can dispose of public infrastructure without consulting affected Members of the Legislative Assembly and standing committee. PWS is responsible for administering the disposal of improved real property policy. The intent of this policy is to dispose of surplus property in a manner that maximizes public benefits. As the property -- the land -- was to be reused by Health and Social Services, the disposal of the building fell under the mandate of PWS. In accordance with the policy, the deputy minister of PWS can authorize the demolition of the building without notifying the affected MLAs and the standing committee.

PWS approved the publication of the tender to demolish the Dene K'onia facility as part of the usual process for such projects.

In collaboration with H&SS, subject to an independent consultant report on new construction versus renovation, PWS was advised to pursue the new construction option.

Mr. Speaker, I have a return to written question asked by Mr. Braden on June 2, 2006, regarding statistical information.

Chronic pain disorder is a psychological disorder diagnosed according to the American Psychiatric Association criteria contained in the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition; DSM IV. The DSM IV provides three categories of chronic pain disorder:

1. chronic pain primarily due to a medical disorder
2. chronic pain due to a medical and psychological disorder, and
3. chronic pain primarily due to a psychological disorder.

Those with chronic pain disorder associated with a medical disorder have an underlying physical explanation for the pain; however, the pain and dysfunction exceed what is considered normal for the physical injury. Those with the other categories of chronic pain disorder have complaints of pain lasting well beyond the expected healing time of their injury, and the pain and dysfunction is disproportionate to the injury or has no identifiable physical cause. These disorders do not respond well to medications and are resistant to most traditional therapies.

If WCB staff suspect that an injured worker is develop a pain disorder, they are obligated under policy to consult with the WCB medical advisor in the development of a preventative treatment plan. Treatment may include: pain clinics, multidisciplinary treatment facilities, and/or counseling services. This is a proactive approach and can be provided prior to a DSM IV diagnosis being established.

In the last five years, 39 WCB claimants have been diagnosed with chronic pain disorder. This disorder is in addition to the worker's primary injury, develops over time, and is, on average, diagnosed three years after the initial injury. Some of the claimants who were diagnosed with chronic pain disorder between 2001 and 2005 were injured as early as 1985.

Claimants with chronic pain disorder continue to receive the benefits they are entitled to for their original injury, and, if necessary, additional disability benefits are extended to cover participation in their chronic pain treatment plan. Benefits continue as long s the chronic pain is diagnosed.

Chronic pain disorder is an important and challenging issue for the WCB. In order for the WCB to award permanent benefits -- pensions -- a permanent medical impairment must first be determined according to the NWT and Nunavut Permanent Impairment Rating Guide. The WCB uses the American Medical Association's "Guides to the Evaluation of Permanent Impairment" 4th Edition to evaluate levels of impairment.

Permanent impairment is medically determined and is measured when there has been maximal medical recovery from a disease or injury. A state of permanent impairment is said to exist when there is a consistent measurable loss of a body part of functional ability, and when further medical treatment or the passage of time no longer results in improvement.

Those with chronic pain disorder have considerable variation and fluctuation in functional ability over time and because of this, chronic pain disorder does not have a measurable permanent impairment. However, chronic pain is recognized as compensable, and benefits can continue for as long as warranted. Although termed "temporary" benefits, chronic pain benefits would be in place as long as the condition exists, whether this is six weeks or the client's lifetime.

In the past five years, 39 WCB claimants were diagnosed with chronic pain disorder. All of them have received short-term benefits, 19 received permanent benefits for their original injury, and all of those claimants saw their benefits affected, via the extension of temporary disability benefits, when they were diagnosed as suffering from chronic pain disorder. It should also be noted that 23 claimants diagnosed with chronic pain disorder returned to work, and that 10 declined to be treated for chronic pain.

Challenges related to chronic pain disorder are not specific to our WCB, but are equally shared by every board in Canada, as well as the medical community. The WCB strives to provide the fairest compensation possible based on current medical evaluations. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Mr. Menicoche on June 5, 2006, regarding criminal charges and conviction statistics for the Fort Simpson district.

Later today, at the appropriate time, I will table the report Criminal Charges and Convictions Statistics for the Fort Simpson District. This report provides yearly and monthly data for Nahendeh communities during 2002 to 2006, as requested by the Member.

It is important to note, Mr. Speaker, the federal Department of Justice is responsible for Criminal Code and other serious prosecutions in the NWT. The judges and justices of the peace are responsible for determining the guilt or innocence of those charged with offences, and for sentencing those found guilty; they are independent of government.

The territorial Department of Justice has no involvement in the process other than to provide court facilities and staff. Convictions and the scheduling of court dates are entirely judicial matters, and the decision to charge individual offenders resides with the RCMP in consultation with independent federal prosecutors. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Ms. Lee on June 7, 2006, regarding comparative analysis of the Novel housing project.

The GNWT is still in the planning stages on the convertible workforce housing -- CWH -- project. It is important to note that there are a number of key prerequisites to the CWH becoming a reality. First, the Mackenzie gas pipeline must receive approval to go ahead, both from the regulators and from the proponents. Secondly, the proponents must outline the scope and nature of the construction work of the pipeline; this process is under full-scale review by the proponents. Thirdly, the Novel concept must be accepted by the proponents for use as workforce housing through the competitive bid process. Fourthly, the federal government must agree to financially contribute to the project. Finally, the proponents must agree to hand over the dwellings

upon completion of the Mackenzie gas pipeline at no cost to the GNWT.

Although a great deal of progress has been made with the design of the Novel home to ensure it meets both the needs of the proponents for workforce housing and the GNWT for eventual use as affordable, energy-efficient homes, many items remain unresolved. The GNWT, although receiving strong support from the previous federal government, has not secured the support of the current government. As noted above, the proponent has yet to finalize how it will be tendering for workforce housing. Finally, the pipeline has yet to get its final go-ahead from either the regulators or the proponent. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Ms. Lee on June 6, 2006, regarding compliance with the Valic decision.

In September 2003, the Supreme Court of Canada ruled that the Nova Scotia workers' compensation regulations that limited injured workers suffering from chronic pain syndrome to only four weeks' treatment no matter the state of their condition was unconstitutional. The court determined that this discriminated against this specific class of workers because they were being denied benefits for treating their condition based simply on the nature of their condition. Other workers' entitlement to compensation was based upon the specifics of their individual situation.

In September 2004, the Governance Council of the WCB adopted Policy 03.10 - Pain Disorders to specifically address the provision of compensation for a number of pain disorders including chronic pain syndrome. According to the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, published by the American Psychiatric Association, chronic pain syndrome is a psychiatric injury. Chronic pain syndrome is a condition that can be cured; however, upon diagnosis of the condition, it is impossible to determine if the injured worker will suffer from it for 60 days or 60 years.

Generally speaking, the WCB provides benefits at two distinct stages of an injury. Temporary benefits are provided when the worker is in the recovery stage. These benefits are provided as long as the condition lasts. Permanent disability pensions are provided when the condition is determined to be irreversible. These benefits are provided until the worker dies.

Workers who receive a permanent disability pension receive bi-weekly payments for the rest of their lives based upon their pre-accident income and the irreversible impairment resulting from the injury. Generally, these pensioners have little future interaction with the WCB.

Workers who have temporary disability have their claims managed by the WCB to attempt to provide the appropriate treatment and financial compensation on an individual basis as long as the injury lasts. If a pain disorder lasts the rest of a worker's life, there is nothing in the policy that limits the duration of compensation. Compensation can be paid for the rest of their life, and the claim is assessed on an individual basis to determine the appropriate amount of compensation.

Justice Schuler rendered her decision in the Valic case in December 2005. Justice Schuler was concerned with the policies in place in 2000, the time the Appeals Tribunal heard his appeal. In 2000, the WCB did not have a specific policy document related to chronic pain syndrome. Justice Schuler found that the WCB's policy of not providing a permanent disability pension for chronic pain syndrome was unconstitutional.

Although the Valic decision was not concerned with the current policy, it did raise questions about its constitutionality. The Governance Council has decided that it should review its current policy in light of this decision. The review will involve an inter-jurisdictional comparison of how other workers' compensation boards are addressing this issue, consultation with medical and legal experts, injured workers, and employer and worker representatives.

In the interim, injured workers suffering from a work related pain disorder are receiving benefits based upon their individual needs as was directed by the Supreme Court of Canada in the Martin decision. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Ms. Lee on June 7, 2006, regarding the education facility plan.

1. What is the total cost of the 10-year education facility plan for Yellowknife for years 2005-2015?

The cost of the consulting contract with FSC Architects and Engineers and Matrix Planning to produce the report was $58,636.89.

2. What is the total cost paid to establish and administer the Yellowknife Educational Facilities Planning Committee meetings including the fees and expenses paid to the chair of the committee appointed by the Minister?

A contract with the committee chair, Mr. Hal Gerein, is in place from January 2006 to March 2007 for an estimated total cost of $35,000. To date $17,134.93 has been paid to Mr. Gerein.

3. Please provide a cop of the report of the Yellowknife Educational Facilities Planning Committee.

Ms. Lee and all other Yellowknife MLAs were provided with a copy of the report on August 11, 2006. Additional copies are available through my office

4. Please provide a full and comprehensive explanation of the department's position that 85 percent is optimum school occupancy.

Occupancy or utilization rates are a useful tool for education facility planning and can be used to indicate when an addition to a school might be required. In the event of steady growth in a community, the planning and design of an addition or a new school should begin when the 85 percent mark is reached. If the school age population in a community seems to be declining, however, additional space may not be required. Some judgment is needed in using the 85 percent indicator.

5. Please provide a list of all of the schools in the NWT, their enrollment and their capacity as of September 30, 2005. This data should show the number of students in the school; i.e., the Detah students attending school in Yellowknife should be counted in the school they attend, not the Detah school.

Later today, at the appropriate time, I will table a document that lists all of the schools in the NWT showing capacities and enrolments as of September 30, 2005, including an adjusted total including students attending schools outside of their home community. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Ms. Lee on June 6, 2006, regarding housing cost analysis.

Comparing housing being built under the affordable housing initiative -- AHI -- to Novel housing is not a straight comparison. Novel housing will provide 830 stand-alone three or four-bedroom houses with floor plans of between 1144 square feet and 1378 square feet. Under the affordable housing initiative, the Housing Corporation will be constructing dwellings that are as little as one bedroom in a multiplex dwelling to four bedroom stand-alone homes. Similarly, the 530 dwellings targeted for AHI is an estimate of the number of dwellings to be built and may decrease should prices rise or other factors occur beyond the NWTHC's control. All analysis of the Novel proposal always assumes that all 830 homes will be built.

Financial Analysis

1. Novel costs have been estimated at $206 million, not $220 million as referenced in the written question.
2. With the building of 530 dwellings under the AHI over the three years, the supply of currently available developed lots in communities will be fully depleted. The AHI can draw on the existing developed lot inventories and lots that become available through the disposal of older public housing dwellings. However, the 830 dwellings under the Novel project would require the developing and budgeting of the entire 830 building lots at an additional cost of $35 million.
3. When a financial commitment was made by the previous federal government, they expressed their desire to fund the Novel project at the end of the project. The cash flow impacts of back-ended federal funding and the sale of the homes results in estimated financing costs totaling $22 million. AS the money is provided up front under AHI, similar financing costs were not incurred.
4. The Novel project, because of its magnitude and complexity, includes $20 million in management costs that were not accounted for under AHI. The NWTHC has recently received approval for 16 term positions. However, these new positions, their benefits and accompanying O and M are not included in the $100 million stated cost of AHI as they are part of the NWTHC's overall operating budget.
5. Finally, the Novel project includes $17 million for contingency costs which is only prudent for a project of this magnitude. Contingency for unanticipated costs or price increases will be managed under AHI through the construction of fewer dwellings than the 530 estimated. There will not be an option under Novel to take less than 830 Novel dwellings once the tendering process is complete as outlined above.
6. When all these factors are taken into consideration, the Novel project dwellings are 30 to 40 percent less costly than traditional stick-built dwellings under AHI with the current estimated square foot costs for Novel being $112 and for stick-build being $195.

Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Mr. Braden on June 7, 2006, regarding Con and Giant mines remediation plans. Mr. Braden was requesting a status report on the Government of the Northwest Territories responsibilities and progress in finalizing the mines remediation plans.

Mr. Speaker, in regards to Con Mine, representatives from the departments of Environment and Natural Resources, Municipal and Community Affairs, and Health and Social Services are actively participating on a working group established by the Mackenzie Valley Land and Water Board to review the draft closure and reclamation plan and provide recommendations on the plan to the MVLWB. Other active members on the working group include Miramar Con Mine Limited, the City of Yellowknife, several federal departments, the Chamber of Mines and the North Slave Metis Alliance.

The draft plan is comprised of eight sections, each focusing on a major component of the closure and abandonment activities. To date, the MVLWB has given conditional approval to five of the sections. The working group is waiting for submission of revisions by MCML to the three remaining sections.

Progress on finalization of the closure and reclamation plan was slowed and work on mine site cleanup stopped since winter because of the referral of Con's water licence renewal to environmental assessment by the City of Yellowknife. MCML's resources were subsequently focused to this end. On May 26, 2006, the Mackenzie Valley Environmental Impact Review Board ruled that Con's water licence is grandfathered and, therefore, not subject to environmental assessment. The MVLWB has recently sent the licence renewal to the Minister of Indian and Northern Affairs Canada for signature.

In regards to Giant Mine, the GNWT signed a cooperation agreement with INAC on March 15, 2005. The agreement establishes a partnership between the territorial and federal governments to coordinate and implement care, maintenance and reclamation activities at the Giant Mine site.

A proposed final draft closure and reclamation plan has recently been completed. ENR and MACA participated in the drafting of this plan with Indian and Northern Affairs Canada, their technical consultants and the Independent Peer Review Panel. Approval to submit the draft final plan

to regulatory authorities is currently being sought from Cabinet and the federal Treasury Board. If approvals are obtained, the plan is expected to be submitted to regulatory authorities during the fall of 2006.

Closure planning and interim cleanup activities are continuing at the mine site as plan approval is sought. These activities include sediment testing and the partial realignment of Baker Creek, dismantling an older power substation, stabilization of the arsenic chambers, redesign of the mine dewatering system, removal of asbestos siding from buildings, removal of additional surface utilidor pipelines and the testing of cover systems for the tailings containment ponds. Thank you, Mr. Speaker.

Mr. Speaker, I have a return to written question asked by Mr. Yakeleya on June 8, 2006, regarding trespassing legislation in land claim areas.

The Inuvialuit Final Agreement, Gwich'in Comprehensive Land Claim Agreement, Sahtu Dene Metis Comprehensive Land Claim Agreement and the Tlicho Agreement, generally speaking, provide aboriginal beneficiaries of those agreements the exclusive right to harvest furbearers and timber on lands granted to the respective aboriginal peoples.

Unfortunately, while these land claim agreements clearly contemplate that non-beneficiaries require permission from land claim organizations to carry out certain activities on privately owned aboriginal lands, enforcement of these provision is, as a practical matter, difficult.

The GNWT has jurisdiction over trespass within the Northwest Territories, however, this government has chosen not to develop territorial legislation with respect to trespass. In a jurisdiction as large and expansive as the NWT, implementing trespass legislation would become a very expensive proposition for the GNWT. Instead, as with many other provinces and territories in Canada, the GNWT chooses to allow the federal government's trespass legislation to be the statutory basis for dealing with issues of trespass within the NWT.

The GNWT does have control and administration over Commissioner's land. Section 5 of the Commissioner's Land Act describes how trespass should be handled in cases where the GNWT is the landowner. However, it should be noted that the GNWT does not have jurisdiction over settlement lands associated with a land claim agreement.

As a result of negotiations, the land claimant groups privately own settlement lands. For example, the settlement lands described in the Sahtu Dene and Metis Comprehensive Land Claim Agreement are owned and administered by the Sahtu Secretariat Incorporated.

Self-government agreements, currently under negotiation within the Sahtu region, will provide jurisdiction over trespass to the aboriginal self-governments. Should the future self-governments choose to drawdown this jurisdiction, they will then have the ability to develop and enforce their own laws over trespassers on settlement lands.

The intention of land, resource and self-government negotiations is to give aboriginal groups the tools to take control over their future and build a government that can better respond to the unique culture and needs of their people.

Lawmaking power over trespass, for example, can be an effective way to control which individuals can or cannot access settlement lands.

Through the negotiations process, the federal government, the GNWT and aboriginal leaders are taking steps to strengthen northern government. This will shape the future of the NWT in significant ways. This includes ensuring that self-governments within the Sahtu region will have the ability to enforce their own trespass legislation over their settlement lands.