Debates of February 18, 2014 (day 13)

Date
February
18
2014
Session
17th Assembly, 5th Session
Day
13
Speaker
Members Present
Hon. Glen Abernethy, Hon. Tom Beaulieu, Ms. Bisaro, Mr. Blake, Mr. Bouchard, Mr. Bromley, Mr. Dolynny, Mrs. Groenewegen, Mr. Hawkins, Hon. Jackie Jacobson, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Moses, Mr. Nadli, Hon. David Ramsay, Mr. Yakeleya
Topics
Statements

Mahsi, Mr. Speaker. I wish to table the following three documents, entitled “Government of the Northwest Territories Response to Motion 26-17(4), Universal Affordable Daycare;” “Government of the Northwest Territories Response to Motion 1-17(5), Sahtu Institute of Technology Planning Study;” and “GNWT Response to Motion 5-17(5), Education Renewal and Innovation.”

Notices of Motion

MOTION 11-17(5): CREATION OF REGIONAL LAND AND WATER OFFICES

Thank you, Mr. Speaker. I give notice that on Thursday, February 20, 2014, I will move the following motion: Now therefore I move, seconded by the honourable Member for Deh Cho, that the Government of the Northwest Territories work with our regional Aboriginal government partners to determine the desirability and feasibility of establishing and staffing regional offices as a basis for ensuring meaningful input into land and water management structures;

And further, that the Government of the Northwest Territories work with the Mackenzie Valley Land and Water Board to seek support and resources towards this initiative;

And further, that the Government of the Northwest Territories make a public commitment to work with future federal governments to delay the elimination of or reinstitute the regional land and water boards;

And furthermore, that the Government of the Northwest Territories report to the House on the results of such collaborative discussions with our Aboriginal partners and provide the results of feasibility studies to implement actions resulting from this process within 120 days.

Speaker: MR. SPEAKER

Thank you, Mr. Bromley. 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, with Mr. Dolynny in the chair.

Consideration in Committee of the Whole of Bills and Other Matters

Good afternoon, committee. I’d like to call Committee of the Whole to order. We have two items for consideration, committee: Tabled Document 4-17(5) and Tabled Document 22-17(5). What is the wish of the committee? Madam Bisaro.

Thank you, Mr. Chair. We’d like to continue with Tabled Document 22-17(5). We would like to continue with Aboriginal Affairs and Intergovernmental Relations, and then the NWT Housing Corporation and, time permitting, Health and Social Services.

Thank you, Ms. Bisaro. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Okay, committee. We will commence after a short break.

---SHORT RECESS

I’ll call Committee of the Whole to order. Mr. Premier, do you have witnesses for the House?

Yes, I do, Mr. Chair.

Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

I’ll ask the Sergeant-at-Arms to escort the witness into the Chamber.

I’ll have you reintroduce your witnesses.

Thank you, Mr. Chair. To my right I have Martin Goldney, deputy minister of the Department of Aboriginal Affairs and Intergovernmental Relations; to my left I have Richard Robertson, director of policy, planning and communications for the Department of Aboriginal Affairs and Intergovernmental Relations. Thank you, Mr. Chair.

Thank you, Mr. Premier. Welcome, gentlemen. Committee, yesterday we left off on page 4-25, activity summary, intergovernmental relations, operations expenditures, $1.707 million. Mr. Dolynny.

Thank you, Mr. Chair. Welcome back to the Premier and staff. It’s just more of a question of curiosity, not really affecting the budget for 2014-15 but more for completion of the picture. I want to draw everyone’s attention to the very last line of this activity summary to NWT Days in Ottawa. We all know the Premier has made comments in the House that this was funded within the department, but this activity deals with the expenditure and there is nothing indicated here under main or revised for expenses for NWT Days in Ottawa. Maybe we could get some clarity as to why it was not in this activity. Thank you, Mr. Chair.

Thank you, Mr. Chair. Mr. Premier.

Thank you, Mr. Chair. We are not planning to do another NWT Days in this fiscal year. Thank you, Mr. Chair.

Again, I’ll rephrase my question. I realize there wouldn’t be any expenses in the 2014-15 Main Estimates. I’m looking for a track record, which is a document that we have before us which indicates no expenses for NWT Days in Ottawa. We know it was funded within, but I guess for completion it should show up here as a reference point in this document. So if it’s not in this document, if the Premier or staff could indicate where it was captured in preparing these main estimates. Thank you.

It shows under 2013 actuals. Those were the amounts that the Department of Aboriginal Affairs and Intergovernmental Relations spent on NWT Days. Thank you, Mr. Chair.

So, for clarity purposes, NWT Days that occurred last year around this time in 2013 were actually paid for and accrued in the main estimates of the 2012-2013 budget. Is that correct?

Thank you, Mr. Premier. Mr. Nadli.

Thank you, Mr. Chair. With regard to the intergovernmental relations, I just wanted to seek some clarification and information. As of April 1, 2014, as we proceed with devolution, I know the Premier has indicated there will be an Intergovernmental Council that will reside with the GNWT plus First Nations people sitting at one table. Is there a provision within the act that will clearly stipulate the role of the Intergovernmental Council? Mahsi.

Thank you, Mr. Nadli. Mr. Premier.

Thank you, Mr. Chair. That is the intention. We have sent a letter out to all the Aboriginal government partners that have signed on to devolution to sign on to the Intergovernmental Council Agreement. Once we have that legislation, the draft legislation will be finalized. Through you, Mr. Chair, I will ask Mr. Goldney to go into the detail of what will be in the draft legislation. Thank you, Mr. Chair.

Thank you, Mr. Premier. Deputy Minister Goldney.

Speaker: MR. GOLDNEY

Thank you, Mr. Chair. The draft legislation will help give effect to the agreement and essentially include the agreement by reference, so the purpose of the council as described in the agreement itself will be included through that technique in the legislation. Thank you.

Thank you, Mr. Goldney. Mr. Nadli.

Thank you, Mr. Chair. One of the ongoing and primary interests of aspirations of First Nations people is clearly understanding their role within the union of the NWT. I think for a long time there’s been…(inaudible)…towards development of a Constitution of the NWT. I know right now, we work within a strong link to the federal government through the NWT Act. It’s always been clearly stated by various tables that we should try to maybe spend some effort in developing a Constitution for the NWT in preparation for the ultimate road to provincehood. There are some building blocks that have been achieved. There have been efforts through the Western Constitutional Forum, the Bourque Commission, and the intergovernmental forums that had achieved at least some semblance of effort to begin the work of laying the Constitution. Would that be one of the functions of the Intergovernmental Council?

Thank you, Mr. Nadli. Mr. Premier.

Thank you, Mr. Chair. The answer is no. It will be strictly a function of land management/land administration and how we can work together to improve how we can both look after the lands. Thank you, Mr. Chair.

If I could, Mr. Chair, why not?

We don’t see that as in the purview of the Intergovernmental Council. This is what we worked out with our Aboriginal government partners. Thank you, Mr. Chair.

Thank you, Mr. Premier. Next on my list I have Mr. Bromley.

Thank you, Mr. Chair. I’d like to pick up where I left off yesterday on some questions about the Intergovernmental Council on Land and Resource Management. I have appreciated the questions so far.

We talked about the role of this new structure. I wonder how Regular Members will have input into the terms of reference for this structure.

Thank you, Mr. Bromley. Mr. Premier.

Thank you, Mr. Chair. This is something that has been negotiated with the Aboriginal governments and we’ve also provided regular briefings to the Members. Thank you, Mr. Chair.

I’m not quite sure that’s relevant to my question. Obviously they will need a terms of reference, it’s a pretty broad swath in the agreement. What is this? Is this government working with other governments? This government very legitimately needs a role to play and that role is not restricted to Cabinet. In fact, it’s not restricted to half of our public; it includes all our public.

Again, I will ask how will Regular Members have input into how this council works and other aspects that would typically be covered in a terms of reference if it’s going to be done without a terms of reference. I would hope that there would be a clear and transparent and public terms of reference.

This will be an intergovernmental agreement. I would expect that it would be set up through legislation and terms of reference. We certainly can work with the Regular Members, but I’ll ask, through you, for Mr. Goldney to go into more detail, Mr. Chair.

Thank you, Mr. Premier. Deputy Minister Goldney.

Speaker: MR. GOLDNEY

Thank you, Mr. Chair. The broad functioning and make-up of the council is described in the agreement itself, so there are some pretty clear expectations of how that council will work and it’s not atypical with our other intergovernmental agreements. There’s not a lot of precision in the agreement itself. It’s really up to the council members to decide how they want to function and what works best for them.

So that is really a subject that has been left for the council members to determine and it’s not a discussion that the GNWT sees in posing terms of reference on governing things like the operation of the council and how it works as a GNWT discussion alone, but really it is up to the council members as part of that intergovernmental agreement. Thank you.

Thank you, Mr. Goldney. Mr. Bromley.

Thank you for that information. Obviously this has been referred to as constitutional development behind closed doors and clearly it is. So what I’m trying to get at is how the public and Regular Members can participate in this governance council and perhaps you’ll have a toolbar in your tool kit I could borrow, Mr. Chair.

We do know, indeed, that Aboriginal governments and Aboriginal people have legal means with respect to consultation and this government has chosen to not quite ignore, but almost ignore those that don’t have Aboriginal and treaty rights in terms of meaningful consultation. Here we have another construct that I know there was a lot of public concern about how people and their representatives will have input into this council. So, we have people that have a legal assurance of consultation and those that don’t. We have a construct made in secrecy behind closed doors and what we’re looking for is transparency, a democratic opportunity for participation.

I’m sure we’ll have the opportunity to debate this with development of legislation, I hope. That has not always proven to be the case here this session, but can the Premier assure us, can the Minister assure us that these opportunities and mechanisms will be provided for in the development in the operations of this council? Thank you.

Thank you, Mr. Bromley. Mr. Premier.

Thank you, Mr. Chair. I don’t think setting up an Intergovernmental Council is going to change any constitution or any construct. Members here represent all of the people in the Northwest Territories and, as I said, with the legislation that would set up the Intergovernmental Council. I would welcome input from the Members as to providing input to us in terms of our participation with the Intergovernmental Council. Thank you.

Thank you. That sounds great. I’m wondering how the public will participate and I’m wondering if the Minister can assure us that these meetings will be public and full transparency will be provided through the opportunity for anybody to look at them as people are welcome to attend during this House session. Thank you.