Debates of Aug. 21st, 2019
This is page numbers 6289 - 6352 of the Hansard for the 18th 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 assembly.
Topics
- Oral Questions
- Members Present
- Prayer
- Assent to Bills
- Minister's Statement 237-18(3): Minister Late
- Minister's Statement 238-18(3): Seniors Report
- Minister's Statement 239-18(3): Housing for Vulnerable Populations
- Minister's Statement 240-18(3): Post-Secondary Education Update
- Recognition of "Buffalo" Joe McBryan
- National Pharmacare
- Land Administration and Management
- Land Rights Agreements
- Eligibility for Home Improvement Funding
- Child and Family Services Quality Improvement Plan
- Recognition of Gabe Hardisty
- Waste Resource Management and Single-Use Plastics Ban
- Arctic Sovereignty
- Recognition Of Visitors In The Gallery
- Question 839-18(3): Access to Health Services in Fort Nelson, BC
- Question 840-18(3): Single-Use Plastics Ban
- Question 841-18(3): Child and Family Services Quality Improvement Plan
- Question 842-18(3): Eligibility for Home Improvement Funding
- Question 843-18(3): National Pharmacare and the NWT
- Question 844-18(3): Fort McPherson Housing Units
- Committee Report 35-18(3): "Lessons Learned" Report of the Special Committee on Transition Matters
- Tabled Document 509-18(3): Draft Code of Conduct and Guide for Members of the Legislative Assembly
- Tabled Document 510-18(3): Draft Rules of the Legislative Assembly of the Northwest Territories, August 2019
- Tabled Document 511-18(3): Capital Estimates 2020-2021 Tabled Document 512-18(3): Government of the Northwest Territories Response to Committee Report 19-18(3): Report on the Review of the 2017-2018 Public Accounts
- Tabled Document 513-18(3): 2018 Annual Report - Office of the Fire Marshal
- Tabled Document 514-18(3): Report on Seniors Access to Government of the Northwest Territories Programs and Services Tabled Document 515-18(3): What We Heard Report - Continuing Care Facilities Legislation for the Northwest Territories
- Tabled Document 516-18(3): Northwest Territories Post-Secondary Education Strategic Framework 2019-2029 Tabled Document 517-18(3): Operating Plans for Northwest Territories Education Bodies for the 2019-2020 School Year Ending June 30, 2020
- Motion 41-18(3): Adoption of Code of Conduct for Members of the Legislative Assembly
- Motion 42-18(3): Repeal and Replace Rules of the Legislative Assembly of the Northwest Territories
- Motion 43-18(3): Extended Adjournment of the House to October 24, 2019
- Motion 44-18(3): Dissolution of the 18th Legislative Assembly
- Consideration In Committee Of The Whole Of Bills And Other Matters
- Committee Motion 237-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act - Private Interviews between Inmates and Indigenous Elders or Spiritual Advisors, Carried
- Committee Motion 238-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act - Needs-based Assessments for Inmates, Carried
- Committee Motion 239-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act - Prioritization of Work Programs, Carried
- Committee Motion 240-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act - Security Assessment Tools, Carried
- Committee Motion 241-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act - Victim Services, Carried
- Committee Motion 242-18(3): Standing Committee on Social Development Report on the Review of Bill 45: Corrections Act - Government Response to Recommendations, Carried
- Committee Motion 243-18(3): Bill 45: Corrections Act - Amend Clause 40.1(5), Carried
- Committee Motion 244-18(3): Standing Committee on Economic Development and Environment Report on the Perceptions Held by Northern Businesses Toward the Government of the Northwest Territories' Procurement Processes - Procurement Advisory Panel, carried
- Committee Motion 245-18(3): Standing Committee on Economic Development and Environment Report on the Perceptions Held by Northern Businesses Toward the Government of the Northwest Territories' Procurement Processes - Comprehensive Public Review of Procurement Related Policies, carried
- Committee Motion 246-18(3): Standing Committee on Economic Development and Environment Report on the Perceptions Held by Northern Businesses Toward the Government of the Northwest Territories' Procurement Processes - Government Response to Recommendations, carried
- Committee Motion 247-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Protocols for Engagement in Development of Legislation, Carried
- Committee Motion 248-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Process and Criteria for Technical Working Groups, Carried
- Committee Motion 249-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Technical Working Group Recommendations, Carried
- Committee Motion 250-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Complex Bills of Significant Public Interest, Carried
- Committee Motion 251-18(3) Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Plain Language Materials, Carried
- Committee Motion 252-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Comprehensive Briefing on Legislative Process for Technical Working Group, Carried
- Committee Motion 253-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Process for Development of Regulations, Carried
- Committee Motion 254-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Collaborative Lessons-Learned Exercise, Carried
- Committee Motion 255-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Public and Stakeholder Engagement, Carried
- Committee Motion 256-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Exclusion of Bill from Technical Working Group Process, Carried
- Committee Motion 257-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Information for Standing Committee on Technical Working Group Progress, Carried
- Committee Motion 258-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Federal Concurrence, Carried
- Committee Motion 259-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistent Terms and Definitions, Carried
- Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
- Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
- Committee Motion 262-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Government Response to Recommendations, Carried
- Report Of Committee Of The Whole
- Bill 34: Mineral Resources Act
- Recorded Vote
- Orders Of The Day
Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6343

Cory Vanthuyne Yellowknife North
Thank you, Mr. Chair. I move that this committee recommends that the Government of the Northwest Territories develop greater consistency in making information public, including looking at how to make the various public registries enacted by law consistent, coherent, and comprehensive. Thank you, Mr. Chair.
Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6343
Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6343

Kevin O'Reilly Frame Lake
I am sometimes confused with the Member for Yellowknife North. It is not a bad thing.
What we were getting was different approaches to public registries in different bills. Committee worked hard to try to make more information publicly accessible through the creation of registries. That was at the request of the public and even industry in some cases and Indigenous governments. We have different approaches to registries that have now emerged in some different bills. I guess we had understood that some of the early discussions around the Environmental Rights Act was about having a consistent, government-wide approach to something like registries where our government is making decisions about land, resources, or the environment.
Guess what? Ontario actually has that kind of a system through their Bill of Rights. They have an environmental registry. It is available online. I have looked at it. I have spoken to colleagues in Ontario who use it. They find it very, very helpful. It may actually save our government money. I am looking at our Finance Minister because I know that he is always interested in saving money.
Maybe this is a way to get this more consistent approach and put all of this in a common platform that makes it easier for our public to access this kind of information and maybe save us some money, as well. I think this is a helpful recommendation. I look forward to Cabinet considering this very carefully in the future. Thanks, Mr. Chair.
Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6344
Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6344
Some Hon. Members
Question.
Committee Motion 260-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Consistency in Public Information, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6344

The Chair Daniel McNeely
Question has been called. All those in favour? All those opposed?
---Carried
Mr. Vanthuyne.
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
August 21st, 2019
Page 6344

Cory Vanthuyne Yellowknife North
Thank you, Mr. Chair. I move that this committee recommends that for each legislative initiative, the Government of the Northwest Territories consider the need for the inclusion of preamble or purpose statement in the proposed bill and determine whether or not either is warranted, advising the standing committee of its decision and rationale at the legislative proposal stage. Thank you, Mr. Chair.
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6344
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6344

Kieron Testart Kam Lake
Thank you, Mr. Chair. Of the many pieces of devolution-related legislation that came forward, only a few contain preambles. Others contain purpose statements. Some contain both, and some contained nothing. Some Indigenous governments who provided evidence before the committee and some members of civil society, as well, expressed a desire to see a preamble or to see a stronger purpose statement or those kind of features to the bill.
Curiously enough, members of another committee worked on a bill that didn't have a preamble. There was some discussion about adding one. Ultimately, the committee learned that that was not admissible under the rules of amendment, which I spoke to earlier. There are formal rules for what can be added to a bill, and a preamble is not one of them. We also learned from our hearings that there seems to be a policy amongst the drafters of the Department of Justice that preambles should not be used. Apparently, the reason why we did seek preambles to some of these bills is they emerged from the co-drafting process.
This created a kind of state of confusion for the committee because sometimes it felt like a preamble would be helpful to lead into the legislation with an aspirational statement. There are merits and drawbacks to that approach. Other times, it felt like a purpose statement was really needed. If the act needs to be interpreted by a court of law, it is pretty clear what the purpose of the entire act is and that is how those clauses are interpreted.
These are important features of the bill. As they are quite difficult to change after they reach the committee stage, what this motion calls for or contemplates is: in our process in the consensus government, committees receive a legislative proposal from the government before a bill is brought forward. Committee is allowed to review that proposal, make comment on it, and provide that to the government. When those legislative proposals come forward, or LPs, to include a section that just says whether or not there will be a preamble proposed or a purpose statement proposed, at that point, the committee can say whether or not it needs one, whether or not the purpose or preamble is sufficient, and those kind of details. Once the bill is brought forward, those parts of the bill are much harder to change.
We don't want to be put into a situation again where we have a great deal of public interest on adding a preamble and our only option is that committee is to say, "Unfortunately, we can't because the rules of amendment don't allow us to add a preamble." That is not the situation committee wants to find itself in.
That was a lengthy explanation. Putting it upfront, I think, will greatly ease the ability of committee to assess that issue. Also, if committee members feel like these features are required for legislation, they can ask for it and have some say over purpose statements and preambles. I think that is a better process, ultimately. It is one that I don't think you would think of if you were just eyeballing the legislative process in our institutions. It is one the committee noted. I think this would be a really good improvement moving forward into the 19th Assembly. Thank you.
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6345
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6345

Herbert Nakimayak Nunakput
Thank you, Mr. Chair. Adding preambles into every bill, I don't know if that is the right thing to do. Some of them involve many different countries, and sometimes, it is useful. In this case, there are a lot of different Indigenous groups that have differences. I don't know if they would want to see this, myself, coming from one. Just for the record, Mr. Chair, I come from the Inuvialuit settlement region. A lot of these motions are made not from Indigenous recommendation or interactions. I think they mostly come out of the capital. I see this, and I am worried about this.
I would like to assure you, Mr. Chair, that I believe in the work that the Inuvialuit Regional Corporation does, and their relationship with the GNWT is improving as well as it is improving with the federal government. I think we need to look at those and ask them how that is really working. For interpretation for us in our committees, I think some of these are just low-lying fruit, and it may cause some confusion to some Indigenous governments who are actually working hard with the government. I just wanted to share that, Mr. Chair. Thank you.
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6345
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6345

Kevin O'Reilly Frame Lake
Thanks, Mr. Chair. I don't want to get into a debate here, but I want to provide the Assembly and the public with reassurance that committee considered these recommendations very carefully. From my recollection, actually, the majority of them came from Indigenous governments, certainly the ones around technical working groups wanting to be involved in regulation-making, resourcing of technical working groups. These actually are very reflective of what we heard from Indigenous governments themselves, so I don't think it's really quite fair to say that these came from Yellowknife, and that just needs to be very clearly stated on the record. In fact, business, industry, actually raised a number of these issues, as well, so I just don't think that the comments from the honourable Member for Nunakput are really fair or correct. Thank you, Mr. Chair.
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6345
Committee Motion 261-18(3): Standing Committee on Economic Development and Environment Report on the Process Used for Devolution Legislative Initiatives - Preamble or Purpose Statement, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters
Page 6345
Some Hon. Members
Question.
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