Debates of May 27, 2004 (day 14)

Thank you, Mr. Speaker. During the Committee of the Whole's review of the 2004-05 main estimates it was recommended that the GNWT publicly respond to the Auditor General's Report on Land Claims Implementation.

The Ministry of Aboriginal Affairs has completed a comprehensive review of the Auditor General's report and the observations and recommendations contained within it.

The main points of the Auditor General's report are: (1) Department of Indian Affairs and Northern Development must manage federal responsibilities in a way that achieves results: (2) there needs to be a focus by the federal government on fulfilling the spirit and intent of the land claim agreements; and (3) there must be a more effective process for resolving disputes arising from the implementation of land claim agreements.

Mr. Speaker, I am pleased to report that since the release of the Auditor General's report, significant efforts have been made to address various recommendations.

In response to the first point, DIAND is designing a new federal obligations reporting system of land claims implementation. DIAND has also restructured and streamlined the federal Steering Committee on Self-Government and Comprehensive Claims as part of the federal performance management framework. DIAND has committed to working with this committee to ensure that implementation issues are brought to the attention of senior officials in federal departments.

DIAND and the GNWT have also agreed to work with the Gwich'in, Sahtu and Inuvialuit implementation committees to overhaul the annual reporting process, making the annual reports more results-based. The Auditor General's office has volunteered to assist the implementation committees in designing annual reports that provide a more accurate and realistic account of progress for implementation activities and obligations.

Mr. Speaker, at recent Gwich'in and Sahtu implementation committee meetings, Canada proposed that a workshop with the Auditor General's office be held in the fall to design a new annual report format. The Government of the Northwest Territories is supportive of the fall

workshop, and looks forward to participating in designing methods to improve the annual reports. The Gwich'in see the proposed workshop as favourable, and the Sahtu have stated that they will advise the GNWT and Canada of their support for this workshop.

Our government has suggested, Mr. Speaker, that the parties prepare ahead of time a list of questions, subjects and relevant concerns on annual reports to bring to the proposed fall workshop.

Mr. Speaker, although DIAND maintains the position that implementation success is defined by fulfilling specific obligations, the GNWT will continue to work with the Gwich'in, Sahtu and Inuvialuit to promote the spirit and intent of the land claim agreements.

The Auditor General's final point is that the various mechanisms for managing the land claim agreements are not effective in resolving disputes.

Mr. Speaker, worth noting is that the Auditor General's report acknowledges that instances of disagreement are outweighed by areas of agreement. In fact, there are only a handful of issues that have not been successfully resolved by the respective implementation committees.

It should also be noted that the Inuvialuit Arbitration Board has been used effectively in resolving outstanding Inuvialuit implementation disputes. In an effort to strengthen the dispute resolution process under the Gwich'in Land Claim Agreement, the GNWT supported a formal mediation process to assist in resolving implementation disputes. This process has been incorporated into the new implementation plan which was signed on November 14, 2003.

Mr. Speaker, the GNWT continues to be committed to honouring the spirit and intent of the Gwich'in, Sahtu and Inuvialuit land claim agreements. The GNWT, working with the Gwich'in, Sahtu, Inuvialuit and Canada, will continue to promote the effective implementation of land claim activities and obligations. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, I am pleased to advise Members that the diamond capital of North America is hosting a national diamond round table this week.

As many of you know, more than 100 delegates, representing the diamond industry, government and other stakeholders, are meeting in Yellowknife for two days this week to put the final touches on reports that play an integral part in the development of a national diamond strategy.

As Members are aware, Canada's provincial and Territorial Premiers have unanimously agreed to develop a national diamond strategy to ensure that this country can effectively benefit from all aspects of the diamond industry. It will be Canada's blueprint for building a major diamond industry from the Arctic to the Atlantic to the Pacific.

Mr. Speaker, the diamond industry is a special industry which has developed and evolved over centuries. It has met challenges both large and small, and has continued to maintain its unique characteristics and style. Mr. Speaker, as with any global industry, it will continue to evolve in order to face the challenges of this new millennium.

In the Northwest Territories we are taking steps to assist and encourage the development of a viable and sustainable diamond industry. We are being proactive in promoting and encouraging investment by the private sector to develop the industry. We are being cooperative in our approach; working with the private sector to address the issues and constraints that a new industry is bound to face.

Mr. Speaker, we recognize there will be ups and downs, as well as challenges we cannot yet foresee. However, I believe that if we stay the course we will realize our vision for the diamond industry in the Northwest Territories.

This government's vision going forward is that the Northwest Territories will become North America's diamond centre. In the coming years, more than 15 percent of the world's rough diamonds by value will be mined here. There will be sorting and selling facilities. Polished diamonds will be produced from a number of processing facilities. Our jewellery will combine northern and aboriginal designs and themes with our own diamonds and gold. We will be recognized as a centre of excellence for diamond training and knowledge. Tourists will visit North America's diamond centre to learn about diamonds and to purchase them. Government-certified polished diamonds and northern jewellery will be recognized in North America and around the world as unique, high-quality products. Diamond companies will be a valued part of the Northwest Territories, providing benefits and opportunities to ensure the sustainable development of our resources.

While on a global scale, Mr. Speaker, our four diamond manufacturing facilities barely make an impact now, they are extremely significant for northerners and Canada. We are now adding value to our raw resources before exporting them. We are working to ensure that the NWT and Canada obtains as much benefit as possible from the extraction and development of our natural resources.

Mr. Speaker, Canada and the NWT can be leaders in the global diamond industry. Our residents can become significant participants in all stages of this industry, from exploration to retail sales of diamond jewellery, but only if we work together to ensure substantial training, employment, business and investment opportunities in all stages from exploration to retail sales of diamond jewellery are available for all Canadians.

I am confident the efforts of the delegates at the national diamond round table will help Canada realize this goal. I look forward to seeing the results of their efforts reflected in the national diamond strategy later this summer. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, I rise today to address an incident concerning my personal conduct that occurred at the Royal Canadian Legion Yellowknife branch on the evening of May 15, 2004. On the evening in question, I was involved in a verbal altercation with a number of members of the Legion. During that incident I made an inappropriate statement concerning fellow Legion members that I deeply regret.

Mr. Speaker, I take full responsibility for my conduct on the evening in question. Shortly after the incident occurred, I apologized in writing and in person to the management and the members of the Royal Canadian Legion. I very much appreciate their acceptance of my apology.

Today, Mr. Speaker, I want to apologize publicly to the Members of this assembly, to my constituents and to the people of the Northwest Territories. I fully accept the high standards of personal conduct that the Premier has set for Members of Cabinet, and that all Members have set for this entire assembly. I want to assure all Members today that this type of incident will not be repeated. Thank you.

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Thank you, Mr. Speaker. Mr. Speaker, the work of the Legislative Assembly is unique. Relatively few people will have the experience of representing the interests of others in this capacity. It is work that can be little known or sometimes understood by the average person who may not need to engage the support or services of their MLA. For this reason I believe that it is very important to find creative ways of providing awareness and engaging our constituents in what we do. One way of doing this is through programs that reach out to the curiosity and eager minds of young people. We have several avenues to achieve that goal and I would like to speak about some of them today.

One example, Mr. Speaker, is our paging program, whereby young people from our respective constituencies have the opportunity to travel to Yellowknife and work in the Legislative Assembly. They see the operation of the assembly and the work of the Members from a unique perspective. There is financial support from the assembly for Members to bring Pages every year.

Another example is the Youth Parliament program. The 5th Annual Youth Parliament was recently convened in these Chambers, and I had the pleasure of observing the work of these young people as they raised and debated issues, made statements and asked questions, and I am sure that this is an experience that they will always remember. This did require the dedication and support of many staff members in the Clerk's office and the administrative staff.

Another example is the work we do as Members in the schools, whether it is job shadowing or visiting classrooms, as I did in Hay River last week to talk about and answer questions about the role of an MLA and the Legislative Assembly.

Another opportunity which exists is that of bringing young people to this assembly, and I am very pleased that the three grade 6 classes from Hay River are here in the visitors' gallery today. These 50 students, their teachers and some of their parents took a bus from Hay River, assisted by the generous support of the Hay River Elk's club. They have had an opportunity to see the sights of Yellowknife. Earlier today they met with the Premier and the Speaker -- and I thank the Premier and the Speaker for taking that time today in your busy schedule -- and now they are having a chance to observe firsthand the work of MLAs in this Chamber. I believe that this experience is very valuable. It has given them a close view of a democratic parliamentary process which, at the very least, is a learning experience and might even spark their interest in community and public leadership in the future.

I want to thank my assistant Wendy Morgan, and Deb Mageean, the assistant of my colleague from Hay River North, for their role in assisting with the logistics of this visit. This is the second year that this annual trek has been undertaken, and we would be happy to share our experience with other Members who would like to do something similar to this. Thank you very much.

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Mahsi cho, Mr. Speaker. (English not provided)

Mr. Speaker, today I would like to speak to you about a growing problem with housing in our communities in the Nahendeh riding, and that's the mould problem. Recently I have been contacted by a number of my constituents who are suffering from the presence of mould in their homes, especially in the communities of Fort Simpson and Fort Liard. This is not just a northern issue; it is currently recognized as a national problem. The report on the issue is expected to be released by the federal government in July.

Mr. Speaker, mould is primarily a health issue. The presence of mould produces allergens, irritants and, in some cases, potentially toxic substances. Allergic reactions to mould are common. Mould can also cause asthma attacks in people with asthma, and young children seem to be particularly affected.

While all houses have potential for mould problems, the situation only becomes critical when compounded by moisture in the house. It is difficult to say how widespread the problem is at the present time, however, we can expect the problem to get worse in time as houses deteriorate with age. But the problem is not just a question of the age of the home, in certain cases the problem stems from shoddy construction practices and even design. In at least one case I'm aware of, the presence of mould has been attributed to construction of the house in the off-season under wet conditions. I am concerned that some of these problems could have been avoided by carrying out proper inspections of work done by contractors. I believe that we may be looking at the tip of a very nice, large iceberg here. This problem exists with homes in my riding and must also be present in other territorial communities.

Mr. Speaker, this is a problem that I will be addressing in earnest in the future. Solutions are required both in the short term and in the long term. I would like to advise the Minister responsible that I will be seeking answers from him during question period. Mahsi cho.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, I would like to shed some light on a matter that has been increasing dramatically in Canada and one that we as a government can take steps to improve. Mr. Speaker, the issue that I refer to is the growing trend of identity theft in Canada.

Identity theft has become one of the fastest growing crimes in both Canada and the United States. Mr. Speaker, the statistics are staggering. In Canada alone, the Phone Busters national call centre received 7,629 identity theft complaints in 2002, which resulted in a reported total loss to people of more than $8.5 million. In the first quarter of 2003, there were 2,250 complaints resulting in total losses of $5.3 million.

Mr. Speaker, one of the ways that thieves get a hold of your identity is to take your driver’s licence, credit cards or other major pieces of identification that you may possess. Mr. Speaker, it was recently brought to my attention that the way that our driver’s licences are processed in the Northwest Territories makes it very simple for a thief to assume your identity once they are in possession of your licence.

Mr. Speaker, the very fact of plasticizing our driver’s licence makes it very simple for a thief to peel back the plastic and insert their photo on your licence. It is so simple that once a thief has your driver’s licence, they are able to obtain numerous other pieces of identification and will allow a new identity. Mr. Speaker, I question why the Department of Transportation is still allowing this archaic practice of plasticizing driver’s licences to be continued in light of the rapid increase in identity theft.

Mr. Speaker, it is my understanding that the credit card format is used for driver’s licences in almost every other jurisdiction in Canada. Many jurisdictions also have a bar code on their licences that does not allow further tampering of driver’s licences. I would think that surely it is time for the Northwest Territories to get on board with this practice also. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. I will be using my Member’s statement today to allow this House and the public to become aware of some ongoing concerns that I have with the Department of Justice and the Yellowknife Correctional Centre.

The Minister is well aware of my concerns, but I feel I have to bring this to the attention of the Assembly to get some action on it. In February, I received a petition signed by over 100 inmates incarcerated at the Yellowknife Correctional Centre. They cited some serious deficiencies with the delivery of health services at the centre. Upon receipt of this petition, I drafted a letter to the Minister asking for swift action to their concerns and that he keep me apprised of what was happening. I did receive a letter from the Minister stating that they would look into this problem in the near future. On April 21st, I learned through an outside source that, as a result of the petition, a service audit was commissioned by his department. The service audit was to be conducted by an outside professional from Correction Services Canada and the departmental corrections investigator.

The audit has taken place, and I will have some questions for the Minister about that at the appropriate time. I am concerned that I was not informed of this audit taking place. Because my name appears in the conveyance order for this audit, I should have been informed that it was happening and not have to find out through other sources.

Mr. Speaker, the concerns about the delivery of health services at the centre are coupled with many other issues at the Yellowknife Correctional Centre. The staff morale continues to suffer, even though most had hoped the change of scenery in the new building would help. My concern is for the safety of the staff and of the inmates at the centre. Under the current circumstances, it may be just a matter of time before a serious incident takes place. I will have questions about this at the appropriate time. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, summer is here at last. The summer brings many enjoyable things: warmer weather, longer days, summer holidays, time out on the land with the family. Unfortunately, the summer season also has a downside: terrible dust in the Sahtu communities. It is not the first time that this problem in the communities has been raised in the House.

It was a real concern for some of the Members during the 14th Assembly, and for good reason. Dust is a serious health concern. No one is immune to the negative effects of breathing dust. Mr. Speaker, the elders in our communities suffer the most. I receive many telephone calls from the constituents in Tulita asking me if I can do something to improve the situation. The majority of them are elders. In 2003, the Department of Municipal and Community Affairs and Transportation began work on chipsealing main streets in the non-taxed-based communities. I applaud the department for the work they have done so far. Chipsealing really makes a difference in the quality of life in the communities in the summer.

In March of this year, the Minister of Municipal and Community Affairs sent a letter to all Members informing us of this government’s implementation schedule for chipsealing on main streets in the non-taxed-based communities. I am very disappointed, however, to note that in Tulita this is not scheduled to begin until 2007, at which time the road begins to assess a design process. At this rate, it will be 2010 before the elders in Tulita can breathe easier during the summer months.

Mr. Speaker, the dust situation in Tulita is a present problem that has to be dealt with immediately. Twenty years ago, there were only four or five vehicles in these communities. However, highway access has changed this. Now, over 60 vehicles come up and down the roads easily and daily in the streets of Tulita, raising dust and severely interfering with the health of some of the elders of communities who live close to the roads. I do not want to tell the elders of Tulita that they must suffer another six years or more before something will be done to alleviate the dust problem. I will have questions for the Minister later on. Mahsi, Mr. Speaker.

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Thank you, Mr. Speaker. For the benefit of viewers in Inuvik Twin Lakes, I just want to say that I am glad to be back today after a bout of the flu for the last several days. Today, Mr. Speaker, I would like to speak about how great it is to have the Government of the Northwest Territories sign with the large corporations that are developing our diamond mine industry. Now we have negotiations with a potential oil and gas industry in the Mackenzie Valley. The agreements are often referred to as EAs. Mr. Speaker, I am not talking about IBAs, or impact benefit agreements, signed between aboriginal governments and the industry. What needs somebody’s attention is the framework used by the Government of the Northwest Territories in developing these documents.

Mr. Speaker, to date I can only reference the Norman Wells pipeline project and the BHP and Diavik projects in recent history having socioeconomic agreements signed. I received press releases issued last Friday by the Government of the Northwest Territories saying they have clearly negotiated full federal support for the plan.

Mr. Speaker, it should be of concern to the people of the Northwest Territories that the agreement to support the secondary diamond industry has been sealed. This does not give us any confidence that all obligations will ever be fulfilled under the sub-agreement which cannot be devolved due to a confidentiality commitment.

Mr. Speaker, this is something that is always prior to celebrating an opening carnival for people of the North. By sealing something such as a sub-agreement does not allow this to happen. Mr. Speaker, these agreements are merely a vehicle for the Government of the Northwest Territories to intersect with industry and through to the federal government whereby we can be involved in the process that addresses our socioeconomic liability.

Mr. Speaker, the importance of this document is very high. The pipeline talks are happening so these agreements will be negotiated. As in March, when this government was not at the environmental impact assessment workshop in which the Minister replied that RWED was not invited, then how does this government expect to negotiate a compatible, favourable agreement with the oil and gas sector federal agency that will not observe such important workshops? Mr. Speaker, I have a question for the Minister on how open these agreements are, how they will be monitored, and the long-term impact they will have on our government. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, today I would like to talk to you about an issue of lifeguard services at the Fred Henne Territorial Park this upcoming summer. I should truly say the lack thereof of services. The Department of Resources, Wildlife and Economic Development has said that they will no longer contract with the City of Yellowknife to provide lifeguarding services so there will be no lifeguards this summer at the Long Lake beach.

Mr. Speaker, as I see it, Resources, Wildlife and Economic Development has misinterpreted their contract with the City of Yellowknife, which I will table later this afternoon. Firstly, the terms of this agreement in section 6 of this contract, it says to consider this ongoing, unless cancelled by either party in writing by January 1st of each year. To my knowledge, this has not happened by either party. This agreement states that Resources, Wildlife and Economic Development is responsible to the City of Yellowknife for supplementing the cost of lifeguarding services to the tune of $12,500. Mr. Speaker, I would be remiss if I did not point out that that was an equally shared partnership between the City of Yellowknife and the Department of Resources, Wildlife and Economic Development, and one further point to say is the cost significantly rose since the original agreement was struck.

Mr. Speaker, secondly, I would further like to go on and report that, in the May 14th Yellowknifer, the main reason Resources, Wildlife and Economic Development does not want to fulfill their agreement with the City of Yellowknife and provide lifeguarding services is because they do not want to assume the liability that occurs at this territorial park. Mr. Speaker, section 4.7 of this contractual agreement between the City of Yellowknife and the GNWT states, “shall indemnify and save harmless the Commissioner and the GNWT from any losses, costs, claims, charges, suits, actions or judgment made, brought or recovered against the Commissioner of the NWT or resulting from any negligent acts or omissions by the City of Yellowknife or its employees in connection with this service.”

Mr. Speaker, I, therefore, say, given that liability need not be an issue for cancelling the lifeguarding services at Long Lake, given that in every area of our lives the GNWT encourages us to be safe, they educate us about dangers of smoking and not to drink and drive, to wear helmets on bicycles…Mr. Speaker, may I seek unanimous consent to continue and finish my Member’s statement?

The Member is seeking unanimous consent. Are there any nays? There are no nays. You have unanimous consent to conclude your statement.

Thank you, Mr. Speaker. Thank you, colleagues. The GNWT encourages us to be safe by educating us of the dangers of smoking and not to drink and drive, to wear helmets when riding bicycles. I cannot understand why the GNWT would cancel the service that keeps everyone safe at this beach. I cannot understand that they are not willing to pay their fair share of costs through a partnership for this service. Mr. Speaker, at the appropriate time, I will be asking the Minister of Resources, Wildlife and Economic Development about this decision to no longer provide lifeguarding services at the Long Lake beach through this contract located in a territorial park in this city. Thank you very much, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, following up on my commitment to speak on the issues related to senior citizens, I am happy to highlight a pamphlet that arrived in my Member’s e-mail box this morning rather fortuitously. Mr. Speaker, that has to do with the Team NWT to the Canada Senior Games competition beginning in September of this year in Whitehorse.

Mr. Speaker, the Canada Senior Games is a national program to sponsor wellness, spiritual, mental and physical wellbeing among Canadians 50 years of age and older. Provincial and territorial programs come together annually or bi-annually in different locations across Canada. The first national games were held in Regina in 1996, the second in Medicine Hat in 1998, and the third in Summerside, PEI, in 2002. The next games are in Whitehorse.

Mr. Speaker, the event brings together amateur competitors who participate for the sheer joy of competition, for the opportunity to visit other parts of Canada and for the camaraderie and social interactions that are integral and essential pillars to maintaining spiritual, mental and physical wellbeing.

The NWT Seniors' Society, now celebrating 21 years in the Northwest Territories, are managing and sponsoring Team NWT. Mr. Speaker, it is my understanding that our very own Paul Delorey is a member of the senior team.

---Applause

I can assure you that I am not yet. Mr. Speaker, along with the support of corporate and individual donations, Team NWT is seeking the support of the government at all levels. There will be approximately 35 competitors. In addition, many non-participants will be cheering NWT on as they compete for our territory. Many volunteers from communities in Fort Simpson, Hay River, Fort Smith and Yellowknife have accumulated hours of work in fundraising campaigns and presentations to get their communities throughout the North represented on the team. Mr. Speaker, the NWT Seniors' Society believes that by investing in this endeavour, governments will save money. They really know how to make a good argument, Mr. Speaker. May I seek unanimous consent to conclude my statement? Thank you.

The Member is seeking unanimous consent to conclude her statement. Are there any nays? There are no nays. You have unanimous consent to conclude your statement.

Thank you, Mr. Speaker. There is a very positive aspect to this. I do believe we released a statement yesterday talking about self-relying individuals and working towards wellness. I do not think anybody could disagree that active seniors are healthy seniors who have less need and make less use of the health care system. By engaging people as soon as they become seniors -- 55 plus for the purpose of the games -- the society hopes to get them active both physically and mentally and keep them active for the rest of their lives. In 2002, the oldest participant at the games was 92 years old. Team NWT’s oldest competitor is 83 years young. My mother, who would probably not forgive me if I gave her age, is a much better bowler than I am.

Mr. Speaker, with Canada’s rapidly aging population and escalating health care costs, it is obvious that the more we can do to keep seniors healthy and active, we will be building a more cost-effective system for everyone, governments and society in general.

I want to conclude my statement by stating to the Minister responsible for Seniors and Cabinet, that I am in full support of the proposal by the NWT Seniors' Society for $65,000 in funding to get the 35 seniors to represent the NWT. I would like to ask the support of Members in this Assembly and Cabinet and reply as soon as possible. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. For many years, the GNWT has hired its workforce using a three-stage policy, based on race, residency, gender and ability. In a report filed in November of 1998, called the GNWT Report on the Affirmative Action Policy, the government of the day committed to examining at least one aspect of this, which was the residency condition under this policy. To date, Mr. Speaker, we are looking at about six years now. I am not aware of any changes to the definition of a long-term northerner under the affirmative action policy.

Mr. Speaker, the Canadian Constitution does allow for affirmative action programs, provided they meet certain criteria. I assume that when the affirmative action policy was first introduced, this government confirmed that its policy did meet that criterion. But, over time, things change. The question now, I believe, is whether our affirmative action policy still meets the criteria and whether the government examines such policies on a regular basis.

Mr. Speaker, for a person to be classified as a P2 candidate under this residency criteria of the affirmative action policy, it is necessary that they spend over half of their lives in the Northwest Territories. Now, constituents have brought it to my attention that this provision of our affirmative action policy is, in effect, age discrimination. They point out, for example, that a person who moved here when they were 10 years old would be eligible for P2 affirmative action hiring status in our government when they were 20 years old, just in time to get a good education and enter our workforce. But their parents who may have moved here when they were 30 years of age would not be eligible for that same status until they were 60 years old, just in time to retire.

Mr. Speaker, this part of our policy is unfair to all of the people who made a commitment to the Northwest Territories. I can see merit in maintaining such a classification to recognize a commitment to people who have made a long-term investment here in the Northwest Territories. Our workforce should be representative of the people it serves. But, in my mind, half a lifetime is far too long for determining that a person is a long-term northerner eligible for hiring by this government. Thank you, Mr. Speaker.

---Applause

Mahsi, Mr. Speaker. Mr. Speaker, over the past couple of weeks, I have had the opportunity to meet with several Ministers to discuss various issues of concern to my constituency, Tu Nedhe, and to the residents of the Northwest Territories. During the course of these meetings with the Minister of Finance, the Minister of Municipal and Community Affairs, the Minister of Health and Social Services, the Premier and the rest of the staff, I was assured that many of the valid concerns would be addressed in a timely and effective manner, although I realize that many issues cannot always be resolved quickly and to everybody’s liking at all times.

Mr. Speaker, it is my privilege to share with this House my evaluation of the government’s practices and priorities which relates to my constituency issues. Mr. Speaker, I am glad to say that this government is moving forward on addressing and resolving many issues of concern that have not received the same level of attention in the past. I am happy to see that there is cooperation, transparency and responsiveness to many concerns that are being brought to the government’s attention in a manner that is both expedient and satisfactory on most accounts, like the creation of another family law clinic and the reinstatement of the language nest program.

Mr. Speaker, I would like to commend the government’s cooperative teamwork approach to solving many outstanding problems, and I encourage them to continue to build my confidence in this government. Mahsi, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, earlier this month, the students and staff of Samuel Hearne Secondary School in Inuvik narrowly avoided tragedy when the roof of the foyer collapsed. As a parent of three children in the school and as MLA for the area, I am grateful that no one was injured. Since then, efforts have been focused on getting students back to class so that they are able to complete their school year. Although the subsequent fire in the gymnasium was a major setback, the timely response of the Inuvik fire department and the efforts of the school and education officials, government departments, and regulatory agencies and contractors have paid off. After a few short weeks, the school has re-opened and classes have once again resumed at the SHSS this week.

I would like to take the opportunity to convey my appreciation to all the people in the department and the agencies that pulled together to ensure that the situation was addressed so quickly and efficiently. In particular, I would like to thank the firefighters who assisted in containing the fire.

Mr. Speaker, a great deal remains to be done. As a parent and MLA, I commit to working together with all associated agencies and individuals to ensure that students and staff are safe, secure and able to continue with their learning. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. The Standing Committee on Governance and Economic Development is pleased to report on its review of Bill 5, Tlicho Community Government Act.

The committee heard from members of the public on Bill 5 on May 11, 2004, in Rae, and on May 13th in Yellowknife. Public hearings with the Minister took place in Yellowknife on May 10th and May 14th.

The committee would like to thank all the individuals who took the time to prepare submissions or to make presentations at our public hearings, and in particular those who traveled from Gameti, Wekweti and Wha Ti. The committee would also like to thank the Minister and his staff for presenting the bill.

The committee heard from several elders and leaders in Rae, including delegations from Gameti, Wekweti and Wha ti, who spoke of the importance of the bill and the tremendous amount of work that has been done by many people to get to this stage of implementing the Tlicho Agreement. The presenters unanimously gave their unconditional support to Bill 5 and asked that it be passed as soon as possible. In the words of one of the presenters, (translation):

Today we are talking about this bill that we have been working on for many years. We want this bill to pass as soon as possible. We talk about our young people, and those of us who are from the surrounding isolated communities have a lot of young people in our communities. We are doing this for them.

In Yellowknife, the committee heard from two Metis local representatives who asked that the passage of this bill be postponed until the rights of Metis in the North Slave region can be addressed. There are unresolved issues within that community that have delayed articulation and recognition of their treaty and aboriginal rights. It is to be hoped that once these rights have been articulated, the outstanding concerns can be resolved and the rights of all aboriginal people within the North Slave can be exercised on a collaborative basis.

As required by the agreement, Bill 5 provides that the chief and at least half of the councillors in each of the four community governments must be Tlicho citizens. Only Tlicho citizens may vote for the chief. The committee received two written submissions that raised concerns about whether this guaranteed representation would violate the rights of non-Tlicho citizens, in particular their democratic, equality and mobility rights under the Canadian Charter of Rights and Freedoms. One of the submissions also questioned why the community governments were being established by GNWT as opposed to Tlicho government legislation, and suggested that it would be more efficient if all NWT communities were covered by a single piece of legislation.

As previously explained, the committee has very little room to recommend major changes to this bill without effectively asking the parties to go back to the negotiating table, something they are not likely to agree to at this stage. The committee does not have a position on guaranteed representation for Tlicho citizens, and notes that it is impossible to predict with any certainty whether the courts, in the wake of a Charter challenge, would uphold this guaranteed representation model and agree that the three parties arrived at an acceptable balance between the respective rights of Tlicho and non-Tlicho. Some committee Members suggested that this community government model was a good compromise by all parties that was apparently intended to avoid the potential divisiveness and inefficiencies of having separate local governments for Tlicho and non-Tlicho Citizens.

One member of the committee voiced further concerns regarding the availability of land in the settlement region for future economic development. In keeping with the agreement, Bill 5 places a 20-year moratorium on selling community government lands. Following the 20-year period, the community governments will be able to transfer fee simple title, with voter approval. The Minister advised that lands would still be available for lease in accordance with past practices in this regard.

The clause-by-clause review of Bill 5 took place on May 14th. Seven amendments to correct minor oversights and to reorganize the schedules were agreed to at that time.

Following the committee’s review, a motion was carried to report Bill 5, Tlicho Community Government Act, to the assembly as ready for Committee of the Whole as amended and reprinted.

The motion is in order. To the motion.

Question.

Question is being called. All those in favour? The motion is carried.

---Carried

Mr. Delorey.

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to waive Rule 93(4) and have Committee Report 4-15(3) moved into Committee of the Whole for today. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. The Standing Committee on Accountability and Oversight is pleased to provide its report on the review of Bill 6, An Act to Amend the Income Tax Act, 1993 and the Income Tax Act.

The committee held public hearings on May 20 and 21, 2004, in Yellowknife. The committee would like to thank the NWT Seniors’ Society for their presentation, and the NWT Chamber of Commerce, NWT and Nunavut Chamber of Mines and the NWT Construction Association for their joint written submission. The committee would also like to thank the Minister and his staff for presenting the bill.

Bill 6 is the final piece of legislation needed to put into effect the revenue initiatives announced in the 2004-2005 budget address. Bill 6 will increase the payroll tax from one percent to two percent, increase cost of living tax credits and reduce the personal income tax rate on the lower two income brackets. Bills 2 and 3, which were passed earlier this year, increased the large corporate tax rate and the personal income tax rates for the top two income brackets. The committee was advised by Department of Finance staff that, even including the payroll tax, the NWT’s top personal income tax rate will still be one of the four lowest in Canada.

The combination of revenue measures represented by Bill 2, Bill 3 and Bill 6 will help to address the NWT’s need to keep up with the tax efforts of other provinces and territories. The consequences of not keeping up are that the NWT would be penalized in its formula funding deal with Ottawa.

The increase to the payroll tax is primarily intended to allow the GNWT to collect more revenue from individuals who work in the NWT, but who reside and file their income taxes in other parts of Canada. The numbers of these fly-in/fly-out workers are steadily increasing as more resource developments come on-stream, and it is expected that there will be a significant spike with the construction of a Mackenzie Valley pipeline. Bill 6 will help to position the GNWT for increased resource development, although revenues from the payroll tax will continue to be modest unless and until the construction phase of the Mackenzie Valley pipeline begins.

The changes to the cost of living tax credits and the personal income tax rates for the lower two brackets are intended to partially offset the payroll tax increase for NWT residents. The committee commissioned independent research to gauge the combined impact of Bill 3 and Bill 6 on resident taxpayers in several different scenarios. The findings are appended to this report. While the scenarios outlined are somewhat simplistic, they do confirm that lower and middle income wage earners will see modest net reductions in their overall income tax as a result of Bill 6.

Some residents with higher incomes will see a net loss as the higher tax credits and lower personal income tax rates will only partially offset the payroll tax increase for them. Taxpayers whose income comes from sources other than wages, such as pensions or self-employment, will see a net gain of as much as $800 because they will benefit from the changes to tax credits and tax rates although their income sources are not subject to the increased payroll tax.

Although some middle and high-income earners will see net losses in their take-home pay, the number of residents who will gain from these changes outnumbers those who will lose some income. In this context, those people who have fewer options to deal with the high cost of living in the NWT will be a little better off.

Although Bill 6 will directly benefit many lower and middle income earners, some committee Members stressed that tax increases cannot be looked at in isolation, but must be considered in the context of the high northern cost of living. Similar concerns were also raised in both submissions the committee received. The NWT Chamber of Commerce, NWT and Nunavut Chamber of Mines and NWT Construction Association suggested that an increasingly unattractive tax burden will make recruiting and retaining skilled and professional workers to the NWT even more difficult than it already is. The NWT Seniors’ Society raised concerns that any tax reductions lower and middle income earners receive as a result of this bill could be more than offset by increases to the cost of living that result from a higher payroll tax.

The clause-by-clause review of Bill 6 took place on May 21st. Two amendments of a minor and technical nature were agreed to at that time.

Following the committee’s review, a motion was carried to report Bill 6, An Act to Amend the Payroll Tax Act, 1993 and the Income Tax Act, to the assembly as ready for Committee of the Whole as amended and reprinted.

The motion is in order. To the motion.

Question.

Question is being called. All those in favour? The motion is carried.

---Carried

Mr. Menicoche.

Mr. Speaker, I seek unanimous consent to waive Rule 93(4) and have Committee Report 5-15(3) moved into Committee of the Whole for today. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, as I said in my Member’s statement, it’s a pleasure to have the Grade 6 students from Hay River in the gallery today. I would like to name them if they could just quickly jump up so we can see you. First of all, before we do that, Ginny Groenheyde, one of their teachers and Bob White is one of the teachers. Also from the PA school, Carolyn Carroll and I would also like to recognize my assistant Wendy Morgan who put a lot of work into this. Now for the students: Keisha Kipling, Jaeda Larocque, Ben Corneau, Allee Geade, Madison Sabel, Tanya Maher, Irene Angulalik, Rie Wiedemann, Alexander Tatti, Luke Lafreniere, Jeffrey Fabian, Amy Carroll, Jeremy Carroll, Brett Soroff, Seth Norn, Brieanne Glaicar, Jordee Walsh, Keegan Beaulieu, Kaillyn McNabb, Deanna Crook, Danielle Gardener, Melissa McKinnon, Catherine Monkman, Cheslea Pukanich and Jordan Fabian. Thank you, Mr. Speaker.

---Applause

Item 6, recognition of visitors in the gallery. Mr. Delorey.

Thank you, Mr. Speaker. Mr. Speaker, I, as well, would like to welcome all the students here today and introduce the rest of them. I also would like to first start out by introducing two of my constituents who are chaperones with this group: Sheila Hachey and Barb Atwell. The rest of the students are Ann Marie Pynton, Tristan Campbell, Shaylynn Atwell, John Bob Herrington, Colton Yee, Mason Hachey, Lyndon Antoine, Steffon Beggair, Barry Buckley, Kali-Ann Butala, Raymond Chalifoux, Sheldon Farcy, Elizabeth Gullion, Kayla Hoff, Kandace Kimiksana, Shannon Lafferty, Kelly Larocque, Patrick McNeely, Veronica Mennillo, Holly Rae Monkman, Harvey Moses, Alex Norwegian, John Stanga, Chelsey Willford and Kelli Steinwand. Welcome to the Legislature and I hope you enjoyed your trip.

---Applause