Debates of May 19, 2010 (day 14)

Date
May
19
2010
Session
16th Assembly, 5th Session
Day
14
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements
Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. The honourable Minister of Municipal and Community Affairs, Mr. Robert McLeod.

Thank you, Mr. Speaker. They do have some legislation in place. That legislation is clearly laid out what role MACA would have. So that is how we determine how we deal with those. With the other communities that are in the unsettled land claims, we do have GNWT legislation that governs our relationship with the communities. Thank you.

Mr. Speaker, judging by the Minister’s response to that, all community governments across the Northwest Territories, whether they are in settled land claim areas or not, have an obligation to follow Government of the Northwest Territories legislations through municipal statute and if that is the case, Mr. Speaker, I would like to ask the Minister what the role and function of MACA is when it comes to the situation currently at play in Behchoko. Thank you.

Mr. Speaker, we are concerned with the particular community the Member has mentioned. Our role is we have been asked by the community, the new community council, to come in and work with them on coming up with a plan to address all the financial issues that they are dealing with right now. They have asked us to come in and we have complied. Our officials are working closely with them right now to resolve some of the outstanding issues. Thank you.

Mr. Speaker, I think that is good news. The department is taking an active role in this situation. Does the Minister have any idea of how long the department’s involvement with the community government there in Behchoko is going to take place or is it an indefinite period of time or is it until the community is back on its feet? What is the time frame like? Thank you.

Mr. Speaker, our involvement in this community will be until they are back on their feet again. We work with them to come up with a plan and they continue to follow the plan. That will be MACA’s involvement. Thank you.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. In such circumstances, does the Department of Municipal and Community Affairs second somebody to the community government in Behchoko? How does that work? I just want to have a better understanding if there is going to be departmental staff on the ground in the community. Are they going to be downtown Yellowknife trying to help the community? I think they should be on the ground. If I can ask the Minister that question. Thank you.

Mr. Speaker, our staff has been in the community on a regular basis working with the community. They will continue to do so until they come up with a plan to resolve all their financial issues. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Mackenzie Delta, Mr. Krutko.

QUESTION 170-16(5): BUSINESS INCENTIVE POLICY AND LAND CLAIMS AGREEMENTS

Thank you, Mr. Speaker. My questions are directed to the Minister responsible for the Business Incentive Policy. It is in regards to my Member’s statement and the principles that are laid out in the policy. Again, I touched on number three where it talks about the policy should not try to dis the president and future self-government treaties or land claim-based rights. Again, I believe that under the land claim agreements and under what the government is going to be doing here in the Northwest Territories is working to develop a list of Gwich’in businesses in the Gwich’in settlement area through a Gwich’in business registry. Yet a lot of these businesses aren’t able to take advantage of government contracts that fall under BIP, and also under the land claim agreement there’s a provision that allows for consultation with the Government of the Northwest Territories whenever they’re changing policies, procedures, by way of legislation. So I’d just like to ask the Minister responsible for the BIP exactly what the government is doing to ensure we’re not prejudiced to those land claim agreements with policies that are working against the land claim agreements.

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Minister responsible for Industry, Tourism and Investment, Mr. Bob McLeod.

Thank you, Mr. Speaker. As a government we have been negotiating MOUs on contracting with different aboriginal governments. It’s under the auspices of our government policy. It’s not a requirement of any land claim. We have had that checked out. There’s been arbitration cases which have supported that aspect and certainly it is our preference to work with land claim organizations, aboriginal governments so that we can work together to provide for increased economic measures in all of the regions. We have had a memorandum of understanding on contracting with the Gwich’in which has expired, but we are continuing to recognize it and follow it in practice. Thank you.

Thank you. In regard to the policy itself, again, I noted in the policy that there are certain differences and I know that I used this scenario in Inuvik where you have three hotel companies. One is a private company, one is an aboriginal company and one is a southern company, but the Government of the Northwest Territories is only using one hotel with government employees to stay in Inuvik. So I’d like to ask the Minister if there’s a way to appeal a decision or a process where you find that it has basically been encumbering other companies from doing business with the government and one company has a monopoly in that particular area where you have three businesses serving the same community and they’re all treated different. Thank you.

Thank you. I’d like to point out that the Business Incentive Policy has been in place since, I believe, the 12th Assembly and every government has tried to change it, without success. In this case, the Business Incentive Policy is a Government of the Northwest Territories policy. There’s a requirement for this government to use only BIP approved facilities. In the example the Member uses in Inuvik, there are three hotels. Only one of those hotels is a BIP approved business and that is why we are only using that hotel. Thank you.

Thank you. I believe that that is the problem with the policy when you have three companies in the same community. They’ve made a major capital investment in regard to the Capital Suites in Inuvik, I believe it was $12 million that they put into it. The Gwich’in put in half of that, which is $6 million, they own half the hotel and they are a local business. If anything, it’s in the Gwich’in Settlement Region, but yet because of a 1 percent difference, they are being excluded from a policy that is, basically, you know… Is there a possibility of a Charter challenge? I don’t know; maybe we should look at that. So I’d like to ask the Minister again, can this case be appealed under the land claim agreements in regard to being able to send certain aspects to an appeals tribunal to look at this thing and see exactly is it, I won’t say illegal or legal, but does it prejudice the land claim agreements?

Thank you. In our view this is a Government of the Northwest Territories policy. It has no implications for land claims. In the example that the Member uses, I believe he’s talking about the Inuvik Capital Suites. It’s 50 percent owned by the Zheh Gwizu Limited and 50 percent by NewNorth Projects Ltd. The Business Incentive Policy is very clear as to the requirements for definition of a northern business and the Business Incentive Policy approval requires either 51 percent northern ownership or they be a grandfathered company, which has a minimum of 10 years operating in the North with resident managements, et cetera. So what I’m saying is that if we want to change it, we would have to change the policy. I don’t think that we would be able to change it by appealing it on the basis of we’re dealing with a land claims organization. Thank you.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. I’d like to request from the Minister to make an offer to meet with the Gwich’in Development Corporation, the Gwich’in Tribal Council on this matter. I believe the Minister will be in the Inuvik region for the petroleum show and I think that this matter has to be dealt with ASAP. Again, Mr. Speaker, the Gwich’in have been registered in that area going back 10,000 years. I think that if the people that originate from that area can’t meet this government test of eligibility, I think we have a real problem in regard to how this government treats aboriginal people, especially in the Inuvik region and especially the Gwich’in.

Thank you. As I said in response to the first question, the Business Incentive Policy predates land claims negotiations with the Gwich’in and we have a number of possible solutions. One is to change the policy. If the Members want us to consider businesses that have less than 50 percent ownership by northern business, then the policies can be changed. Otherwise, the ownership structure can be changed to increase ownership by northern residents, or, as I understand, NewNorth Projects is proposing to apply for BIP approval. So that’s another way you can deal with it. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Tu Nedhe, Mr. Beaulieu.

QUESTION 171-16(5): SUPPORT FOR NEW CHIEFS AND COUNCILS

Mahsi cho, Mr. Speaker. Today I talked about the new chief and council for Lutselk’e. Recently the Deninu Ku’e First Nation in Fort Resolution, Metis Council, Deninu Ku’e Community Council held elections. As you know, each election brings new ideas, new personalities, along with some status quo. Mr. Speaker, sometimes this can be challenging and I have some questions for the Premier on that.

Can the Premier tell me what the GNWT does to support new councils, new chiefs, Metis presidents or even mayors to help the transition period from one community government to another? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Beaulieu. The honourable Premier, Mr. Roland.

Thank you, Mr. Speaker. The relationship we have with the band councils differs somewhat with the relationship we have with municipal councils because band councils are under federal legislation, but when it comes to the working relationship we’re trying to build with them, we’re open to helping with either transition, or, for example, we have a number of communities where the bands deliver the programs and services that municipalities would in other cases, and the Department of Municipal and Community Affairs would be able to sit down with them to go through the working arrangements, the processes that were in place prior to the election. On top of that at the regional level, from the regional leaders’ table, I’ve committed to meet with the regional leaders as well as once a year to sit down with the regional leader and the chiefs of that region. So that’s another avenue we have of building that working relationship.

Again, it’s almost case by case. If the request is made, we would consider where we could be of assistance in the transition area and we’d be prepared to sit down with them at that point. Thank you.

Mr. Speaker, I’d like to ask the Premier what supports are in place for the GNWT to assist these organizations, newly elected officials and their organization, with capacity building and training of the elected officials? Thank you.

Mr. Speaker, there are a number of areas where we could provide assistance and support when it comes to a new council coming into place. For example, financial advice could be provided to them. We also have board training available to newly elected leaders. As well, as I had stated earlier, about the contract municipal services. As well, through the School of Community Government, opportunities there to go and have staff training of that new council. Thank you.

Mr. Speaker, has the GNWT developed a standard strategy to engage newly elected officials? Thank you.

We do have a policy and that is why, for example, the School of Community Government went into place and was developed to help our communities in the Northwest Territories build capacity and assist them in providing the necessary supports that they need in their communities. So that’s the first thing that we have in place and it incorporates a number of the training initiatives and supports along those lines.

The one difference is because bands are under the federal legislation there’s a slightly different arrangement there, but we still extend much of the same services. I’d have to get a little more detail and provide that to the Member. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. The time for question has expired; however, I will allow the Member a final supplementary question. Mr. Beaulieu.

Thank you, Mr. Speaker. Mr. Speaker, as the GNWT, we work on several projects with the communities whether it be a community council or a band council. Does the GNWT have a plan that updates all of the newly elected officials soon after their election on the initiatives and projects that are occurring in those communities? Thank you.

My understanding is an offer is made to a newly elected chief and council or a newly elected municipal council as well. In the area of band councils, we work under their direction in the sense of when they’re ready to make the request or accept an offer that’s been made. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. The honourable Member for Sahtu, Mr. Yakeleya.

Mr. Speaker, I seek unanimous consent to go back to item 5 on the Order Paper.

---Unanimous consent granted

Recognition of Visitors in the Gallery (Reversion)

Thank you, Mr. Speaker, and thank you honourable colleagues. Mr. Speaker, I’m pleased to recognize three great leaders from the birthplace of ice hockey in Canada, Deline, Sahtu: Danny Gaudet, government negotiator, Chief Raymond Tutcho, and president of the land corporation, Mr. Peter Menacho.

Written Questions

QUESTION 13-16(5): GROWING FORWARD PROGRAM FUNDING ALLOCATIONS

Thank you, Mr. Speaker. My questions are for the Minister of Industry, Tourism and Investment and they are in relation to the Growing Forward Program administered by his Department.

Would the Minister provide the following information for the previous two fiscal years as well as the current fiscal year 2010-2011:

How much funding has been made available and how much was accessed from this program?

What amounts of funding have been distributed under the Growing Forward Program and who were the recipients whether it was a business, individual or non-government organization? Could this information be further broken down by community?

How is this funding allocated to each recipient? More specifically, how was the funding calculated and designated? What formula was utilized? A base funding approach or other means? Also, provide specific allocation rationale for each individual case so that the justification for each allocation can be accounted for.

Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Hawkins. The honourable Member for Weledeh, Mr. Bromley.

QUESTION 14-16(5): COST OF MACKENZIE GAS PROJECT

Thank you, Mr. Speaker. Mr. Speaker, my questions are for the Minister of Finance.

What have been the costs by year during the term of the 16th Assembly to date and budgeted for this fiscal year for activities relating to the Mackenzie Gas Project including such costs as:

preparation for and participating in Joint Review Panel and National Energy Board proceedings;

travel and receptions by Ministers with MLAs and officials;

staff positions and contractor services; and

communications planning, promotional events, publicity and advertising.

Speaker: MR. SPEAKER

Thank you, Mr. Bromley. The honourable Member for Mackenzie Delta, Mr. Krutko.

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to go back to item 7.

---Unanimous consent granted

Oral Questions (Reversion)

QUESTION 172-16(5): RECLAMATION OF PIT IN FORT MCPHERSON

Thank you, Mr. Speaker. Mr. Speaker, my questions are to the Minister responsible for Transportation in regard to the Frog Creek pit. As we all know, it is a pit that has given the government free access for a number of years under the land claim agreement. Its term is almost up in a number of years. I’d like to ask the Minister, is this government budgeting money to do the reclamation of the pit? Since the Government of the Northwest Territories was the sole user and as part of the agreement that gave the government free access, it also included that they also had to do the reclamation of that pit. So I’d like to ask the Minister exactly has this department budgeted for the reclamation of the Frog Creek pit between Fort McPherson and Tsiigehtchic?

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Minister of Transportation, Mr. Michael McLeod.

Thank you, Mr. Speaker. Mr. Speaker, all sites that are used for construction of facilities, our transportation links fall under certain rules and responsibilities and if reclamation is part of our responsibility then we will certainly look at it. In this case, I’d have to go back and see who the owner of the pit is and whose responsibility that would fall under. Thank you.