Mr. Speaker, I have a return to written question asked by Mr. Villeneuve on May 15, 2007, regarding Income Security Program treatment of impact benefit compensation.
- Can the Minister provide a copy of the legal opinion on income benefit agreement payments that stipulates IBA payments should be considered as earned income for income security clients?
A copy of the legal opinion on income benefit agreement payments cannot be provided because legal opinions prepared for the department are protected by solicitor-client privilege. The department does not release legal opinions to third parties, as doing so would breach that solicitor-client privilege.
- Was this an independent legal opinion or an opinion provided by GNWT legal counsel?
The department received its legal advice on this issue from the legal division, Department of Justice.
- How do IBA distribution payments differ from Inuvialuit regional agreement distribution payments?
Income benefit agreement payments are pursuant to a contractual relationship between a band and a private company, and are not made pursuant to the terms of a treaty or land claims agreement with the Government of Canada. Distributions made to Inuvialuit beneficiaries under the Inuvialuit Final Land Claims Agreement are made pursuant to the terms of a land claims agreement with the Government of Canada.
- Why is the IBA distribution payment not considered an integral part of the land claims process by income security?
Income benefit agreement payments constitute a contractual arrangement between a band and a company, which is considered a private contract. IBA payments are, therefore, not treated as compensation payments as is the case with land claims or treaty payments.