This is page numbers 4743 – 4770 of the Hansard for the 17th Assembly, 5th 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 community.

Topics

Tom Beaulieu

Tom Beaulieu Tu Nedhe

I was going to but the Minister changed… No.

---Laughter

No, I have not had consultation with the Minister of Health on using that facility for a treatment centre at this time.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Beaulieu. The time for question period has expired. Item 9, written questions. Item 10, returns to written questions. Mr. Mercer.

Tim Mercer Clerk Of The House

Mr. Speaker, I have a return to Written Question 18-17(5), asked by Mr. Bromley on June 4, 2014, to the Honourable Michael Miltenberger, Minister of Environment and Natural Resources, regarding resources spent on Wildlife Act consultations.

It is difficult to separate the amount of money spent on development of regulations from funds spent on the development of the act itself as both processes occurred during the same fiscal year and costs and accounting for each organization are covered under a single contribution agreement. With that in mind, I offer the following estimates of expenses since the act was passed in November 2013. • Environment and Natural Resources (ENR)

provided approximately $55,000 to Aboriginal governments for participation in two face-to-face meetings and two teleconferences with the Wildlife Act Working Group (WAWG). This group is made of up approximately 35 people from across the Northwest Territories. Most of the funding went to cover travel, accommodation and honoraria costs and a legal review of regulations to ensure consistency with Aboriginal and treaty rights and land claims rights and processes. The next WAWG meeting will be in July 2014.

• ENR provided about $8,000 to wildlife co-

management boards for their WAWG participation. The majority of these funds went to cover travel, accommodation and honoraria expenses.

• ENR provided approximately $20,000 to

members of Stakeholders Wildlife Act Advisory Group (SWAAG) to cover costs to review

materials and participate in two face-to-face meetings. Most of this funding went to cover honoraria and some limited travel as most members reside in Yellowknife. SWAAG members agreed that they have had adequate input into the regulations that required consultation and public engagement over the summer, and their next face-to-face meeting should be in October after public engagement and consultation is complete.

• ENR spent approximately $15,000 on related

items including room rentals, catering, material printing, et cetera.

The amount of staff time spent working and consulting with various groups to develop the regulations cannot be broken down by group as the majority of staff time is spent researching and developing concept papers, preparing and reviewing drafting instructions, and drafting regulations that are shared equally with all groups. The same staff also participates in each of the meetings identified above. With that in mind, ENR has approximately 3.5 full-time person years dedicated to this project with additional ongoing input from renewable resource officers and regional superintendents through the NWT, communications specialists, legal counsel from the Department of Justice, and staff from the Department of Aboriginal Affairs and Intergovernmental Relations. In addition, the Department of Justice has provided a dedicated drafter for the development of the regulations. Thank you, Mr. Speaker.

Tim Mercer Clerk Of The House

Mr. Speaker, I have a return to a written question asked by Mr. Bromley on June 5, 2014, regarding liability for operating sites in the Final Devolution Agreement.

1. Could the Premier please provide the following

information for each of the 13 sites listed: • amount of financial security currently held by

the federal or territorial government;

• the form of that security, e.g., irrevocable

letter of credit;

• the authority under which each security

amount is held;

• the expiry date of each security instrument; • the amount of security as set out in relevant

water licences, land use permits, surface leases or other instruments for the specific site;

• whether there has been an independent

review of the liability; and

• if there has been an independent review of

the liability, what was that amount?

This question is in respect of Section 6.5 of the Devolution Final Agreement. Later today, at the appropriate time, I will table a summary of the financial security held by the GNWT for each of the 13 sites listed.

2. If there is a gap between the amount of security

held and that which is authorized in relevant water licences, land use permits, surface leases or other instruments, does the GNWT still intend to take over the liability or will it exercise its right to not accept the site under Part 6.5(d) to not accept that operating site?

In response to question 2, Canada and the GNWT negotiated the transfer of existing operating sites to the GNWT as part of the Devolution Final Agreement. The GNWT is reviewing and assessing these sites according to the respective context under the Devolution Final Agreement.

The GNWT is reviewing and assessing the Canadian Zinc site in conjunction with existing regulatory process currently underway.

The Dominion Diamond Ekati Corporation and the GNWT are in the process of completing the form of the security to be posted under the water licence.

For the Deh Cho Bridge, the GNWT is the project proponent and no security is required by the terms of the authorizations for this project.

The GNWT is also the project proponent for the Mackenzie Valley Highway and this project is still in regulatory review. No authorizations for this project have yet been issued that would require security.

For the Patterson Sawmill, no security is required by the terms of the authorizations for this project.

No security is required by the terms of the authorizations for the Kunnek Resources project.

The Devolution Final Agreement provides various mechanisms by which Canada and the GNWT can address the ongoing management of financial assurances and potential liabilities. For example, in some cases the GNWT takes over responsibility for operating sites where it will assess security within the regulatory framework and processes to determine appropriate security during the life of the project.

Each operating site presents distinct circumstances that the GNWT is assessing to ensure that financial assistance and potential liabilities are managed in a proactive manner and in the public interest. GNWT departments are also assessing financial security on an ongoing basis, which includes providing expert advice and security cost estimates to the land and water boards to support informed decision-making.

3. How does GNWT plan to manage these

liabilities and what are the plans to prevent any further public liabilities?

In response to question 3, the regulatory framework in the Northwest Territories provides for an independent assessment of environment risk of proposed resource development projects, including the ongoing management and assessment of securities. As part of the regulatory framework, securities can be, and are, adjusted by land and water boards pursuant to the terms and conditions of an authorization.

This can happen on the initiative of the land and water boards or at the request of project proponents or interested parties, including the GNWT. GNWT departments continue to assess security and provide expert advice to the land and water boards, including security cost estimates, to support informed regulatory decision-making.

While legislative responsibilities related to financial securities now reside in several departments, GNWT departments are coordinating their reviews to ensure that the assessment of securities addresses the broad range of GNWT concerns. To this end, the GNWT is taking a strategic and coordinated approach to the management of financial assurances and potential liabilities on public lands following devolution. The GNWT has approved the creation of a liabilities and financial assurances division in the new Department of Lands. The division is now being established to oversee security management and policy development for the GNWT.

The division has three main functions. One is to implement a strategic and coordinated approach to the management of financial assurances that manages, reduces or avoids exposure of financial risk to the GNWT and addresses the shortcomings of federal financial assurances approaches. The second function is to provide effective integration of regulatory securities within the broader regulatory framework, including engagement and coordination with regulators including federal boards and stakeholders. The third function of the division is to lead and coordinate policy for the management of financial assurances and recommend procedures, protocols and policies.

The division is already initiating baseline policy reviews to inform short- and long-term policy development. It is also in the process of developing systems and frameworks for handling and processing security that are intended to support sufficiency analyses and risk assessment which will inform broader policy development once implemented.

4. When does the GNWT intend to make public a

list of financial securities held for the sites that it will manage into the future?

In response to question 4, security deposits that are required pursuant to land use permits and water licences for projects on public lands in the Northwest Territories are available through existing land and water board public registries. These registries also contain detailed assessments of security submitted by stakeholders, including project proponents and the GNWT, as well as board decision-making and reasons to substantiate a final security determination.

Environmental agreements for the Ekati, Diavik and Snap Lake mines also include provisions related to security. These agreements and their specific security requirements are publicly available through the respective monitoring boards.

As part of the GNWT’s policy development, the GNWT is considering how best to provide additional information related to securities to the public.

5. As of June 1, 2014, have any of the 61 sites

listed in Schedule 7, Part E – Operating Sites (Oil and Gas, Industrial and Mining Dispositions) been transferred to the GNWT and what is the status of the financial security being held for these sites?

In response to question 5, all of the 61 sites listed in Schedule 7, Part E were transferred to the GNWT on April 1, 2014. These sites reflect a broad range of project types and their transfer was part of the negotiated issues between all parties to the Devolution Final Agreement. With the transfer of these sites to the GNWT, Canada was required to provide the GNWT with associated financial security posted in accordance with these sites.

These sites were subject to the applicable environmental screenings and regulatory process and have current owners who are responsible for their cleanup and remediation as well as for the associated environmental liabilities. If the owner abandons the site and insolvency occurs within five years of the transfer date of April 1, 2014, the Devolution Final Agreement sets out steps by which Canada’s responsibilities for historic liabilities at the site can be determined.

The GNWT recognizes that it must take a proactive approach to regularly assessing and managing these projects. The new liabilities and financial assurances division is well placed to consider how the GNWT will ensure a proactive and coordinated approach to the management of financial assurances and liability issues for these operating sites. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Clerk. Item 11, replies to opening address. Item 12, petitions. Item 13, reports of committees on the review of bills. Mr. Nadli.

Bill 30: An Act To Amend The Public Service Act
Reports of Committees on the Review of Bills

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Speaker. I wish to report to the Assembly that the Standing Committee on Government Operations has reviewed Bill 30, An Act to Amend the Public Service Act, and wishes to report to the Assembly that Bill 30 is ready for consideration in Committee of the Whole.

Bill 30: An Act To Amend The Public Service Act
Reports of Committees on the Review of Bills

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Nadli. Mr. Moses.

Alfred Moses

Alfred Moses Inuvik Boot Lake

Thank you, Mr. Speaker. I wish to report to the Assembly that the Standing Committee on Social Programs has reviewed the following bills: Bill 25, An Act to Amend the Education Act; Bill 29, Human Tissue Donation Act; and Bill 32, An Act to Amend the Pharmacy Act. I wish to report to the Assembly that Bills 25, 29 and 32 are ready for consideration in Committee of the Whole.

The Standing Committee on Social Programs has also reviewed Bill 27, Miscellaneous Statute Law Amendment Act, 2014, and wishes to report that Bill 27 as amended and reprinted is also ready for consideration in Committee of the Whole.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Moses. Mr. Nadli.

Bill 12: Northern Employee Benefits Services Pension Plan Act
Reports of Committees on the Review of Bills

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Speaker. The Standing Committee on Government Operations wishes to report that we are reviewing Bill 12, Northern Employee Benefits Services Pension Plan Act, and would like to report that additional time is required to complete the review of Bill 12.

Michael Nadli

Michael Nadli Deh Cho

Therefore, in accordance with Rule 70(1)(1.3) of the Rules of the Legislative Assembly of the Northwest Territories, I move, seconded by the honourable Member for Frame Lake, that the review period for Bill 12, Northern Employee Benefits Services Pension Plan Act, be extended to Friday, October 31, 2014.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Nadli. A motion is on the floor. The motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Jackie Jacobson

Question has been called. The motion is carried.

---Carried

The 120-day review period for Bill 12, Northern Employee Benefits Services Pension Plan Act, has been extended to October 31, 2014.

Item 14, tabling of documents. Mr. Miltenberger.

Michael Miltenberger

Michael Miltenberger Thebacha

Mr. Speaker, I wish to table the following three documents, entitled “Northwest Territories Capital Estimates 2015-2016;” Government of the Northwest Territories Response to Motion 14-7(5), Expansion of Policing and Nursing Services;” and “Government of the Northwest Territories Response to Motion 17-17(5),

Interim Measures for the Commercial Harvest of Wild Mushrooms.”

Finally, Mr. Speaker, on behalf of the Minister of Justice, I wish to table the following document, entitled “Government of the Northwest Territories Response to Committee Report 9-17(5), Report on the Review of the 2012-2013 Annual Report of the Information and Privacy Commissioner of the Northwest Territories.”

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Miltenberger. Mr. Abernethy.

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Speaker. I wish to table the following two documents, entitled “Government of the Northwest Territories Response to Committee Report 6-17(5), Report on the Review of the 2014 Report of the Auditor General of Canada on the NWT Child and Family Services;” and “Building Stronger Families: An Action Plan to Transform Child and Family Services.”

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Abernethy. Mr. Dolynny.

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Mr. Speaker. I have three documents to table here before the House. Document one, “Distinguishing Between Natural and Anthropogenic Sources of Arsenic in Soils from Giant Mine, Northwest Territories, and the North Brookfield Mine, Nova Scotia,” by Laurie Ann

Wright. It’s a Queen’s University study, September 2008. The second document is “Giant Mine Remediation Project, Giant Mine Working Group, April 2014, Meeting Summary,” written on April 16, 2014. Finally, I have a Fraser Institute Report, April 2014, on Canadian Government Debt, 2014.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Dolynny. Mr. Lafferty.

Jackson Lafferty

Jackson Lafferty Monfwi

Mahsi, Mr. Speaker. I wish to table the following two documents, entitled “Government of the Northwest Territories Response to Motion 13-17(5), Training for Early Childhood Workers;” and “Government of the Northwest Territories Response to Motion 22-17(5), Funding to Implement Junior Kindergarten.” Mahsi, Mr. Speaker.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Lafferty. Mr. McLeod.

Robert C. McLeod

Robert C. McLeod Inuvik Twin Lakes

Thank you, Mr. Speaker. I wish to table the following document, entitled “Government of the Northwest Response to Motion 15-17(5), Public Access to Automated External Defibrillators.” Further to my Return to Written Question 19-17(5), I wish to table the following document, entitled “Summary of Financial Security Held by the Government of the Northwest Territories.” Thank you, Mr. Speaker.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. McLeod. Item 15, notices of motion. Item 16, notices of motion for first reading of bills. Item 17, motions. Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Committee Report 7-17(5), Report on the Development of the Economic Opportunities and Mineral Development Strategies;

and Tabled Document 115-17(5), Northwest Territories Capital Estimates 2015-2016, with Mrs. Groenewegen in the chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

I will call Committee of the Whole to order. There are a number of matters before committee today. What is the wish of committee? Ms. Bisaro.