This is page numbers 3035 - 3072 of the Hansard for the 16th 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 agreed.

Topics

Question 345-16(3): Transfer Of Government-Owned Assets To Communities
Oral Questions

Tom Beaulieu

Tom Beaulieu Tu Nedhe

Can the Minister advise me if there are budget numbers in the capital plan for communities to complete midlife retrofits for the assets that are being transferred from the GNWT to communities? Thank you.

Question 345-16(3): Transfer Of Government-Owned Assets To Communities
Oral Questions

Robert C. McLeod

Robert C. McLeod Inuvik Twin Lakes

There are budget numbers in the capital plan. It would be the community’s capital plan that these budget numbers would be in.

Mr. Speaker, the responsibility for capital was transferred over to communities and the old funding method meant that the communities would have to compete with all GNWT projects. So now they have the ability to do their own capital plan and it would be the department’s desire and intent to assist them in putting these capital plans together so they can work on their plan for a few years down the road. Thank you.

Question 345-16(3): Transfer Of Government-Owned Assets To Communities
Oral Questions

The Speaker

The Speaker Paul Delorey

Thank you, Mr. McLeod. Final supplementary, Mr. Beaulieu.

Question 345-16(3): Transfer Of Government-Owned Assets To Communities
Oral Questions

Tom Beaulieu

Tom Beaulieu Tu Nedhe

Thank you, Mr. Speaker. Can the Minister advise me if, in the transfer of the capital plan, the Government of the NWT has considered in the capital plan that there will be a need for replacement of assets or purchase of new assets for the work that the community would have to do in the future? Thank you.

Question 345-16(3): Transfer Of Government-Owned Assets To Communities
Oral Questions

Robert C. McLeod

Robert C. McLeod Inuvik Twin Lakes

This is a message that I have been working on trying to get out to the community, that communities have all the responsibility. MACA will continue to give them their capital money. There is a base funding that we are hoping that is ongoing so communities can plan for future capital needs. There are other sources of money, too, that the department along with the GNWT have been trying to access to pass on to the communities. The GAP tax funding is a perfect example. That is going on for another few years. The Building Canada Fund, any other money that we are able to get from the government to use that and pass that on to the communities so that can help them meet their infrastructure needs. That is what this priority of this department is and that is what we will continue to do. The bottom line is the capital plan and the capital infrastructure are now decided on by the communities. Thank you.

Question 345-16(3): Transfer Of Government-Owned Assets To Communities
Oral Questions

The Speaker

The Speaker Paul Delorey

Thank you, Mr. McLeod. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Question 346-16(3): Use Of Rental Vehicles During Medical Travel
Oral Questions

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. Mr. Speaker, a constituent of mine for some time has been travelling to Edmonton on medical travel and their travel expense claims continues to be somewhat similar each time. Out of this process some difficulty has arisen but also a possible solution. What they did was they chose the lower cost option by renting a car from the airport to drive into the city for their appointments and whatnot and, of course, they came back to file their medical travel claim. To rent the car was actually cheaper than it was to do the normal $60 cab ride, $60 back and as well as all those multi cab rides.

So, Mr. Speaker, my question would be focussed to the Minister of Health and Social Services to looking at creating options that may help solve the problem that, A, my constituent has and, B, maybe create simpler options going forward with choice.

Would the Minister be willing to look at creating a process so what people would normally do with meal claims and travel claims is check a box and get a flat rate? Would the Minister be willing to look at a process for medical travel to give people the option if they want the independence to rent a car on their own and use that as their only transportation cost while they are on these normal everyday and very typical travel process and trips to Edmonton? Thank you.

Question 346-16(3): Use Of Rental Vehicles During Medical Travel
Oral Questions

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Hawkins. The honourable Minister of Health and Social Services, Ms. Lee.

Question 346-16(3): Use Of Rental Vehicles During Medical Travel
Oral Questions

Range Lake

Sandy Lee

Sandy Lee Minister of Health and Social Services

Thank you, Mr. Speaker. Mr. Speaker, I thank the Member for that question. I did, in fact, talk to the particular constituents the Member is referring to and I have directed the department to look at ways to change our policies to allow patients to be able to claim a rental car as opposed to other modes of transportation like taxis, because things have changed now where renting a vehicle is often cheaper than riding in taxis. I think it’s a matter of changing paperwork. That’s why I have not been able to get back to that particular constituent. I will follow up in writing to the Member. Thank you, Mr. Speaker.

Question 346-16(3): Use Of Rental Vehicles During Medical Travel
Oral Questions

Robert Hawkins

Robert Hawkins Yellowknife Centre

Mr. Speaker, my constituent is a loyal listener of the Legislative Assembly proceeding and I can tell you they’re probably watching right now. Mr. Speaker, so he’ll be very pleased with that brief an answer.

Mr. Speaker, at this time, you know, I’m glad to hear it’s going to work out, from the sounds of what the Minister had to say, but sometimes it has to be approved up front and I am suggesting we create a process where we inform people up front that if they want the choice of independence, they can have that and make it on their own or if they want the choice to submit receipts, they have that choice as well. So would the Minister be looking at incorporating this as a normal process going forward to help streamline our travel claims because if they don’t have to submit receipts, that saves a lot of time and energy and certainly in the long run it probably saves us a lot of money. Would the Minister be willing to look at incorporating that process? Thank you.

Question 346-16(3): Use Of Rental Vehicles During Medical Travel
Oral Questions

Range Lake

Sandy Lee

Sandy Lee Minister of Health and Social Services

Mr. Speaker, I don’t know exactly what the process is. I believe obviously if we change the Medical Travel Policy to allow alternative modes of transportation, then that rule has to be communicated to those who will be going on medical travel and they will have to be advised as to, you know, you can either take a taxi or rent a vehicle, whichever is cheaper and so on. So that information item or informing the public will have to be part of that change and will be part of that. Thank you.

Question 346-16(3): Use Of Rental Vehicles During Medical Travel
Oral Questions

The Speaker

The Speaker Paul Delorey

The time for oral questions has expired. Item 8, written questions. Item 9, returns to written questions. Mr. Clerk.

Return To Written Question 4-16(3): Mackenzie Valley Highway Construction
Returns to Written Questions

Tim Mercer Clerk Of The House

Mr. Speaker, I have a return to Written Question 4-16(3) posed by Mr. Yakeleya on February 16, 2009, regarding Mackenzie Valley Highway Construction.

The current estimate to construct the Mackenzie Valley Highway is $1.8 billion. This figure includes permanent bridges at all river crossings.

The environmental assessment for the Mackenzie Valley Highway would comply with the requirements of the Mackenzie Valley Resource Management Act, the Inuvialuit Final Agreement and related other legislation and regulations.

The construction of a Mackenzie Valley Highway cannot be self-financed without significant funding from the federal government. The Department of Transportation has and will consider user-pay and other innovative approaches as a way of financing this highway. Confirmation of federal funding will help establish what financing options are available to the GNWT. These options are also highly dependent on whether the Mackenzie Gas Project is built and what levels of post-project induced oil and gas development and traffic are expected.

The 2005 funding proposal Connecting Canada: Coast to Coast to Coast, which was targeted towards the federal government, proposes a GNWT-federal partnership to construct an all-weather Mackenzie Valley Highway to the Arctic Coast. An update of this proposal along with other actions is being considered as part of a federal engagement strategy being developed.

The Department of Transportation has had and continues to have discussions with DIAND and other federal departments on programs that could fund the construction of this road. The department also continues to explore other funding options to construct this road, including partnerships with private industry. The maximization of local employment will be one of the objectives of any program to construct the Mackenzie Valley Highway. Thank you, Mr. Speaker.

Return To Written Question 5-16(3): Mental Health Services At North Slave Correctional Centre
Returns to Written Questions

Tim Mercer Clerk Of The House

Mr. Speaker, I have a return to Written Question 5-16(3) asked by Mr. Ramsay on March 10, 2009, regarding Mental Health Services at the North Slave Correctional Centre.

We continue to meet the psychological health needs of our inmates through regular and timely interventions by our nursing staff, doctors’ referrals, psychiatric interventions, traditional counseling and pastoral guidance. There are two psychologist positions: one is established for the North Slave Young Offenders Facility and the other for the North Slave Correctional Centre. The former position became vacant during the summer of 2008, and the needs of that facility are currently being met by a psychologist under contract. The latter position became vacant in the early fall of 2008 and we are

working with the Department of Human Resources to recruit a psychologist.

The Member also asked for statistics about remand numbers at this facility. Later today, at the appropriate time, I will table historical data on the average daily count of remand offenders held at the North Slave Correctional Centre for the past five fiscal years. Mahsi, Mr. Speaker.

Return To Written Question 6-16(3): NWT Resource Royalties
Returns to Written Questions

Tim Mercer Clerk Of The House

Mr. Speaker, I have a return To Written Question 6-16(3) asked by Mr. Yakeleya on March 11, 2009, regarding NWT Resource Royalties.

The NWT corporate tax revenues received from resource companies from 1999 to 2007 was $153 million. Tax returns for 2008 have not yet been assessed. The NWT property tax revenues received from resource companies from 1999 to 2008 was $106 million. The NWT fuel tax revenues received from resource companies from 1999-2000 to 2008-2009 was $63 million.

In August 2008, the GNWT provided the Prime Minister with a proposal to resolve the outstanding devolution issues; this included a response to Canada’s resource revenue sharing proposal. I provided a briefing to Standing Committee on Priorities and Planning on this proposal. Preliminary discussions with Canada on the GNWT proposal have commenced. Aboriginal governments have been provided the details of this proposal and are regularly updated on discussions with Canada.

In addition to our agreement with Canada, we remain committed to our resource revenue sharing AIP with aboriginal governments.

Later today, at the appropriate time, I will table a chart providing the available federal resource revenue from non-renewable resource development in the three territories in the previous 10 years including the following categories: Norman Wells project profits, oil and gas leases and royalties, quarrying royalties and mining revenues. The federal government does not release information for the Northwest Territories separately, but we believe that most of the revenues shown come from the Northwest Territories. The chart includes Yukon mining revenues up to 2003-04, when resource revenues from these sources were transferred to Yukon. It includes mining and oil and gas revenues from the NWT and Nunavut for the full period. Thank you, Mr. Speaker.

Return To Written Question 7-16(3): Activities Of Business Development Investment Corporation
Returns to Written Questions

Tim Mercer Clerk Of The House

Mr. Speaker, I have a return to Written Question 7-16(3) asked by Mr. Ramsay on March 11, 2009, regarding the Activities of the Northwest Territories Business Development Investment Corporation.

1. Are Industry, Tourism and Investment (ITI)

delivery agents working closely with the Business Investment Development Corporation (BDIC) to help promote BDIC programs in the regions according to the service agreement established with ITI in 2005?

The April 1, 2005, agreement for services between BDIC and ITI engages the department as an agent of the BDIC for the delivery of programs and services in accordance with the NWT BDIC Accountability Framework, which addresses the roles and responsibilities of the BDIC and ITI in delivering the BDIC’s financial (loan and bonds) programs.

Regional ITI staff attend conference and tradeshows and, when in smaller communities, meet with community leaders and businesspeople to promote the services of the BDIC.

2. From April 1, 2008, to present, what is the

number in total dollar amount of BDIC loans processed by ITI and approved in accordance with the agreement for services in the current fiscal year?

Under the April 1, 2005, agreement for services between BDIC and ITI, all loan applications are received and evaluated by ITI’s regional offices. Based on the amount requested and the amount of existing loans to the client and/or related parties, the decision on the request is made by either:

The regional superintendent (ITI) (amounts up to $200,000) or

The BDIC (amounts over $200,000).

From April 1, 2008, to March 13, 2009, loan requests worth $12,757,270 were received. Of the loans requested:

$3,648,926 worth are pending the completion of the application package or a decision;

$450,000 worth were withdrawn by the client before a decision was made,

$845,960 worth were declined, and

$7,812,384 worth were approved. Of the loans approved:

o

$901,545 worth were approved by the

regional superintendents (ITI), and

o

$6,910,839 worth were approved by the

BDIC.

3. What are the BDIC loan balances for March

31, as of 2006, 2007 and 2008?

On March 31, 2006, the BDIC’s loan portfolio totaled $47,090,539.

On March 31, 2007, the BDIC’s loan portfolio totaled $46,112,577.

On March 31, 2008, the BDIC’s loan portfolio totaled $41,704,940.

Thank you, Mr. Speaker.

Return To Written Question 8-16(3): Dehcho Process And Protected Areas Strategy
Returns to Written Questions

Tim Mercer Clerk Of The House

Finally, Mr. Speaker, I have a return to Written Question 8-16(3) asked by Mr. Menicoche on March 12, 2009, regarding the Dehcho Process and Protected Areas Strategy.

General Observations

The GNWT fully supports the successful conclusion and implementation of aboriginal rights agreements throughout the NWT, including the Dehcho Process negotiations. The GNWT, as represented by the Department of Aboriginal Affairs and Intergovernmental Relations, has a fully staffed negotiating team that attends all sessions and makes every effort to contribute to the negotiations in a productive manner. However, as the questions indicate, there are always challenges associated with negotiations throughout the Northwest Territories, including the Dehcho Process. In an effort to share some of the table specific challenges with the MLA for Nahendeh, at least two briefings have taken place to provide status reports and discuss the dynamics at the Dehcho and Acho Dene Koe tables.

It should also be noted that all parties at negotiations have bilateral meetings from time to time. For example, the federal government has had bilateral meetings with the Dehcho negotiating team and the territorial government’s negotiating team. Dehcho leaders have also taken the opportunity to meet with federal Ministers to discuss table specific issues. This is a common feature in many aboriginal rights negotiations.

Answers to the Specific Questions

1. Please provide to me the number of meetings

and phone conferences he has had with the Minister Chuck Strahl of the federal government, INAC.

Depending on the political issues of the day, I am in regular contact with Minister Strahl. In addition, communications with Minister Strahl’s office also occur regularly at the officials’ level.

Specifically, I have had at least eight meetings and phone conferences with Minister Strahl (November 2007, March 2008, June 2008, August 2008 twice, January 2009, March 2009 twice), and my staff have had ongoing discussions with officials in Minister Strahl’s office on a regular basis.

2. Will the Premier advise how many times these

discussions were in topic to the Dehcho and the Dehcho Process?

Phone calls with Minister Strahl have not been initiated to discuss any specific topic or negotiating table. Typically, these ministerial calls deal with big

picture issues and serve as an opportunity to touch base. In that respect, discussions with Minister Strahl and his officials have at times included an exchange of information respecting the Dehcho region generally, the Dehcho Process, and discussions on the Nahanni Park Expansion.

3. Can the Premier provide the negotiation

position that our Cabinet has with respect to the Dehcho negotiations process?

No. GNWT negotiators are guided by Cabinet approved mandates, which are confidential, in the same way as Dehcho and federal negotiators have mandates which are not shared publicly.

4. Will the Premier report how many of the

discussions were in relation to the Nahanni National Park boundaries?

National parks are a subject for negotiations in the Dehcho Framework Agreement. The Dehcho Interim Measures Agreement also commits Canada and the Dehcho First Nations to bilaterally negotiate an interim agreement for the management of national parks. A Naha Dehé Consensus team was created by Canada and the Dehcho First Nations to do this work. From time to time, the Dehcho main table receives reports from the consensus team.

As noted above, my staff and I have engaged with Minister Strahl and his staff in discussions on the Nahanni National Park boundaries.

5. Will the Premier advise how many of these

discussions were around the EdeZhie Protected Areas Strategy?

I have discussed the issue of the Nahanni National Park and the Dehcho Land Use Plan in general terms with Minister Strahl, but I do not recall having spoken to him about the EdeZhie Protected Areas Strategy specifically.

The GNWT is part of the working group considering the EdeZhie Protected Area Strategy Candidate Area. GNWT and federal officials, in collaboration with the sponsoring community, are currently reviewing the proposed protected area.

6. Please advise how many times he has met

with the Dehcho grand chief and with the Dehcho leadership.

During the term of the current 16th Legislative

Assembly, I have held six meetings with regional aboriginal leaders to date, with the Dehcho First Nations having been represented at five of these meetings.

I recently held a bilateral meeting with the Dehcho First Nations in Fort Simpson (January 2009) and attended their 2008 Annual General Assembly in Kakisa (June 2008). I also attended additional meetings where the Dehcho were represented, including two Dene leadership meetings (April 2008 and February 2009).

I also met with the grand chief twice in my office (February 2008, Fall 2008) and on three other occasions in the Dehcho (May 2008, August 2008, December 2008), and talked by phone with Grand Chief Antoine at least twice.

Return To Written Question 8-16(3): Dehcho Process And Protected Areas Strategy
Returns to Written Questions

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Clerk. Item 10, replies to the opening address. Item 11, petitions. The honourable Member for Mackenzie Delta, Mr. Krutko.

Petition 6-16(3): Comprehensive Review Of Child And Family Services Act
Petitions

David Krutko

David Krutko Mackenzie Delta

Mr. Speaker, I would like to present a petition dealing with the matter of child and family services. Mr. Speaker, the petition contains 15 signatures from Inuvik residents. Mr. Speaker, the petitioners request that the Legislative Assembly immediately conduct a comprehensive review of the Child and Family Services Act in order to recommend changes to this legislation and its administration that would be more effective in supporting NWT families and more respectful of northern families. Thank you, Mr. Speaker.

Petition 6-16(3): Comprehensive Review Of Child And Family Services Act
Petitions

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Krutko. The honourable Member for Nunakput, Mr. Jacobson.

Petition 7-16(3): Long-Term Care Facility In Ulukhaktok
Petitions

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Speaker. I’d like to present a petition dealing with the matter of the long-term care facility in Ulukhaktok. Mr. Speaker, the petition contains 88 signatures of residents of Ulukhaktok. Mr. Speaker, the petitioners request that the government build, maintain and staff a long-term care facility in Ulukhaktok for elders and disabled people. Thank you.

Petition 7-16(3): Long-Term Care Facility In Ulukhaktok
Petitions

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Jacobson. Item 12, reports of standing and special committees. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Committee Report 5-16(3): Auxiliary Report On The Review Of The Report Of The Chief Electoral Officer On The Administration Of The 2007 Election
Reports of Standing and Special Committees

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. The Standing Committee on Rules and Procedures is pleased to provide its Auxiliary Report on the Review of the Report of the Chief Electoral Officer

on the Administration of the 2007 Election and present it to the House.

The Standing Committee on Rules and Procedures tabled its first report, Committee Report 4-16, on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election on March 11, 2009. That report stated that additional research would be undertaken on three topics:

criminal records checks for candidates;

special ballots; and

strengthening

enforcement.

This report is the result of the research and identifies additional recommendations by the standing committee to the Members of the Legislative Assembly.

Criminal Records Checks For Candidates

The standing committee members reviewed and considered a legal opinion from the Department of Justice on whether or not persons found guilty of an indictable offense or those with criminal records could be barred from being candidates in a territorial election. It was determined that such a ban would violate section 3 of the Canadian Charter of Rights and Freedoms, which guarantees all citizens the right to vote and to run for office, without restrictions on these rights.

The standing committee members have directed the Law Clerk and research services to examine options for a voluntary disclosure related to criminal convictions for all candidates. That information will be made available to all Members for consideration.

Special Ballots

Further to recommendations 16 and 25 contained in Committee Report 4-16(3), the standing committee further reviewed the provisions to simplify the process for the use of special ballots, making it more efficient and more likely to attract the participation of northern voters. The members of the standing committee considered the establishment of a new electoral official: the special ballots officer. This officer would be responsible for distributing and accepting all special ballots, for counting special ballots on polling day and communicating the count to the returning officers. In addition, this position would also have the authority to run mobile/advance polls. It is thought that this centralized service will result in faster turnaround of ballots by mail, could be established sooner and would be more efficient.

The committee agreed that the Chief Electoral Officer should be given the authority to use e-mail and Internet technologies for the distribution of special ballots, when the CEO is confident that the technology is secure enough for use.

In addition, the special ballots officer would be authorized to operate advance special mobile polls

for people who want to vote by special ballot, such as mobile polls at the mine sites or at NWT college campuses.

Special ballot mobile polls may be easier to deliver in our multi-electoral district setting than a regular mobile poll, as the officer does not need 19 ballot boxes and 19 different ballots. Polls could be held on both polling day and in advance of polling day and would be limited to people who are not resident in their home community at the time of the special poll. The poll locations would be established by regulation. The counting of ballots may not be able to include candidate’s agents; however, two “electors” could be identified and included as witnesses. Returning officers would no longer be responsible for special ballots. The NWT elections office would incur new travel costs for any special ballot polls.

The special ballots officer would only have jurisdiction in the NWT.

Recommendation 1

That the Elections and Plebiscites Act be amended to establish a special ballots officer that would be responsible for special ballots and would possess the authority to hold advance mobile and polling day polls for voters not resident in their home community on polling day and at locations identified in the regulations.

Recommendation 2

That the Elections and Plebiscites Act be amended to give the special ballots officer the authority to use e-mail and Internet technologies for the distribution of special ballots, when the Chief Electoral Officer is confident that the technology is secure enough for use.

Improving Enforcement

The current categorization of many of the offences listed in the Elections and Plebiscites Act could be changed to allow them to be prosecuted using a “strict liability” standard. A strict liability offence is one where a person is liable for the damage even if there is no negligence or fault. With a strict liability offence, the person charged has the ability to raise a defence of due diligence (meaning, they have done all that was reasonably possible in the circumstances to avoid the offence).

Further, additional amendments to the act should be made to allow the Chief Electoral Officer to:

enter into compliance agreements,

issue compliance orders, and

issue formal cautions.

Another amendment would allow late fees to be imposed on late filers of elections expenses reporting.

All of these mechanisms would increase the variety of enforcement and prevention measures available to the Chief Electoral Officer.

Recommendation 3

That the Elections and Plebiscites Act be amended to change the act to allow as many offences as possible to be prosecuted using a strict liability standard and as many offences as possible to be prosecuted under the Summary Convictions Procedures Act.

Recommendation 4

That the Elections and Plebiscites Act be amended to give the Chief Electoral Officer the power to enter into compliance agreements, issue compliance orders and issue formal cautions.

Recommendation 5

That the Elections and Plebiscites Act be amended so that late fees could be imposed on late filers of elections expenses reporting.

Conclusion

This concludes the committee’s auxiliary report. It is hoped that the recommendations included in this report will support the Legislative Assembly in its desire to continually improve the processes used to administer territorial elections.

Mr. Speaker, that concludes the auxiliary report of the Standing Committee on Rules and Procedures on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election.

Motion To Receive Committee Report 5-16(3) And Move Into Committee Of The Whole, Carried
Reports of Standing and Special Committees

Robert Hawkins

Robert Hawkins Yellowknife Centre

Therefore, I move, seconded by the honourable Member for Nahendeh, that Committee Report 5-16(3) be received by the Assembly and moved into Committee of the Whole for consideration. Thank you.

Motion To Receive Committee Report 5-16(3) And Move Into Committee Of The Whole, Carried
Reports of Standing and Special Committees

The Speaker

The Speaker Paul Delorey

There is a motion on the floor. The motion is in order. To the motion.