Debates of May 27, 2009 (day 29)

Date
May
27
2009
Session
16th Assembly, 3rd Session
Day
29
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

I appreciate that response and I’ll assume that the answer was yes, the mandate of the review, or the review will include the mandate of the Power Corporation, unless the Minister corrects me.

Will the review of electricity rates also include biomass and -- it’s sort of associated with that -- is there any expertise being offered to the review panel or the expert panel in that area? Thank you.

Mr. Speaker, the alternative energy process we’ve engaged in is one through the Ministerial Energy Coordinating Committee and Members to look at these alternatives. In fact, we’ve done it so that it doesn’t affect the rates, at this time, of how we implement some of the new technologies into our systems. We have to engage with the Power Corp at that level to see how we would do a full implementation. Again, looking at not impacting the rates of individuals. So that work is to be done.

The review itself that’s happening, looking at the Power Corp, the internal process was one of how it operates in today’s environment. Changes we want to make from their point out, that’s going on, will result at looking at a couple of things: One, we’ve committed to the energy rates subsidy review that’s happening; secondly, the Power Corporation specific review; and, thirdly, the ATCO proposal. At those stages we will be looking at what comes out of there and we’ll decide as to just how much of a change we want to make going forward. So, yes, we can look at the mandate and the structure. Alternative energies, we have a process we believe in and we’re trying to figure out just how we’ll plug it in to our existing frameworks that we have in place on that and when required on the review panel itself. Specific to the Power Corp review, I’m going to be getting Members information on just who that team is and go forward on that basis.

Finally, Mr. Speaker, and thanks again for the response. The opportunities in biomass even affect the review of the ATCO proposal, and the Premier mentioned that proposal. Consideration of selling off our Power Corporation, of course, has been largely because of costs of electricity. We are pretty convinced that there are some opportunities for reducing those costs and at the same time, increasing or enhancing our local economies and, so, reducing greenhouse gas emissions. Yes, just for confirmation, will the Premier commit that even the review of the ATCO proposal, to the degree that it’s really trying to get at lower power costs, will also consider the biomass implications? Thank you.

Mr. Speaker, as I’ve committed to you and just recently followed up, I believe a letter is going to committee on the latest update there looking at some of those functions and the future definitely would be part of the conversation and discussion we’ll have. I think, one, let’s be clear, as we talk about partnerships in the energy generation distribution in the North, that’s the process we’re being engaged in with that. We’ve got these other two big ones that we want to do first and the biomass piece, the alternative energies are even a part of those processes as we go forward and need to be as we look at what options are available to us when it comes to trying to stabilize and lower energy costs in the North and look forward to more of that discussion. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. The honourable Member for Nahendeh, Mr. Menicoche.

QUESTION 344-16(3): SOUTHERN BIDS AND NORTHERN CONSTRUCTION PROJECTS

Thank you very much, Mr. Speaker. I wanted to raise the issue with the Minister responsible for Industry, Tourism and Investment, there’s a disturbing trend that’s happening in the Northwest Territories with regard to contracting and I believe that the time to raise the issue is now. What’s happening there, Mr. Speaker, is that we’re getting a lot of southern bidders, they’re coming in with low bids. Mr. Premier mentioned in his sessional statement that it’s an opportunity for government to save money but at the same time the missed opportunity for our local businesses and local employment. I would like to ask what specific programs and/or protection do we offer our communities and businesses, Mr. Speaker? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Menicoche. The honourable Minister of Industry, Tourism and Investment, Mr. Bob McLeod.

Thank you, Mr. Speaker. The Government of the Northwest Territories still has the Business Incentive Policy in place and operational. It provides a 15 percent preference for BIP approved companies; as well, a further 5 percent local preference for businesses from the local community. If a company comes in from the south and puts in a bid, the local companies have a 20 percent northern preference. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I am well aware of the BIP program, but I think the concern is that should our northern companies and local companies lose those bids, they are at risk of laying off local people and at risk of having a negative effect on our community. What I am asking, Mr. Speaker, is how can we protect our local workforce? If a southern bidder gets it, and opportunity to save money for government is fine, but can we ensure that our local businesses and people get employment and opportunities? Thank you.

Thank you, Mr. Speaker. We have a number of tools at our disposal. Primarily we have a Negotiated Contracts Policy whereby we can negotiate or limit tenders to northern businesses that we have MOUs, and contracting with a number of aboriginal governments, and also we use the standing offer agreements with local businesses. As well, we can buy locally up to $5,000. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I guess what I’m after again is the worst-case scenario. A community loses an opportunity for a bid and it appears that the southern contractor will come in with their own sources and their own resources and not leave any benefits behind. That is what I would like our government to look at and see if anything can be done with that regard. Thank you.

Thank you, Mr. Speaker. Certainly we want to maintain and maximize benefits to our northern workforce and northern businesses, so we take whatever steps and tools that are available to us to ensure that we maximize those benefits. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. Is it possible to write those in the…I think that we do bid offers or request for proposal. Is it possible to advertise it in those requests for proposals and/or bids to let it be known to all the bidders out there that proximity communities and their businesses and their workers should be a priority? Thank you.

Thank you, Mr. Speaker. We operate in an environment where we have a number of internal trade agreements and we follow those conventions although we do have, through the Agreement on Internal Trade, the Northern Preference Policy is grandfathered. But certainly our existing programs already recognize what the Member is suggesting. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

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

QUESTION 345-16(3): TRANSFER OF GOVERNMENT-OWNED ASSETS TO COMMUNITIES

Thank you, Mr. Speaker. Today I spoke about the transfer of governments to communities. Now I have questions for the Minister of Municipal and Community Affairs. Mr. Speaker, has the Minister reviewed the issue of the GNWT deferring maintenance on the buildings that will ultimately be transferred to the communities and has the fact that deferring maintenance on the buildings and the lack of maintenance as a result of that being considered prior to the transfers? Thank you.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. The department has reviewed the issue of deferred maintenance. It is in recognition of the impact of the deferred maintenance, that being instrumental in MACA securing an increase in its operation and maintenance funding for the community from a whole average of $17 million a year to over $60 million today. In 2006-07, an independent consultant was hired to complete the community infrastructure assessment on the physical condition of community access. It is using that information. That information was provided to the community with the studies for their own infrastructure for their own use in developing their capital plan. Thank you.

I would like to ask the Minister if there is a preventive maintenance program in place for all of the assets, including mobile equipment, that are being transferred from the department or from the GNWT to communities. Thank you.

The department would provide the framework for all the deferred maintenance on all the assets in the community. The community can take that and submit and do their own community preventative maintenance plan based on the framework provided to them by MACA. Thank you.

Can the Minister advise me if there are budget numbers in the capital plan for communities to complete midlife retrofits for the assets that are being transferred from the GNWT to communities? Thank you.

There are budget numbers in the capital plan. It would be the community’s capital plan that these budget numbers would be in.

Mr. Speaker, the responsibility for capital was transferred over to communities and the old funding method meant that the communities would have to compete with all GNWT projects. So now they have the ability to do their own capital plan and it would be the department’s desire and intent to assist them in putting these capital plans together so they can work on their plan for a few years down the road. Thank you.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. Can the Minister advise me if, in the transfer of the capital plan, the Government of the NWT has considered in the capital plan that there will be a need for replacement of assets or purchase of new assets for the work that the community would have to do in the future? Thank you.

This is a message that I have been working on trying to get out to the community, that communities have all the responsibility. MACA will continue to give them their capital money. There is a base funding that we are hoping that is ongoing so communities can plan for future capital needs. There are other sources of money, too, that the department along with the GNWT have been trying to access to pass on to the communities. The GAP tax funding is a perfect example. That is going on for another few years. The Building Canada Fund, any other money that we are able to get from the government to use that and pass that on to the communities so that can help them meet their infrastructure needs. That is what this priority of this department is and that is what we will continue to do. The bottom line is the capital plan and the capital infrastructure are now decided on by the communities. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Yellowknife Centre, Mr. Hawkins.

QUESTION 346-16(3): USE OF RENTAL VEHICLES DURING MEDICAL TRAVEL

Thank you, Mr. Speaker. Mr. Speaker, a constituent of mine for some time has been travelling to Edmonton on medical travel and their travel expense claims continues to be somewhat similar each time. Out of this process some difficulty has arisen but also a possible solution. What they did was they chose the lower cost option by renting a car from the airport to drive into the city for their appointments and whatnot and, of course, they came back to file their medical travel claim. To rent the car was actually cheaper than it was to do the normal $60 cab ride, $60 back and as well as all those multi cab rides.

So, Mr. Speaker, my question would be focussed to the Minister of Health and Social Services to looking at creating options that may help solve the problem that, A, my constituent has and, B, maybe create simpler options going forward with choice.

Would the Minister be willing to look at creating a process so what people would normally do with meal claims and travel claims is check a box and get a flat rate? Would the Minister be willing to look at a process for medical travel to give people the option if they want the independence to rent a car on their own and use that as their only transportation cost while they are on these normal everyday and very typical travel process and trips to Edmonton? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Hawkins. The honourable Minister of Health and Social Services, Ms. Lee.

Thank you, Mr. Speaker. Mr. Speaker, I thank the Member for that question. I did, in fact, talk to the particular constituents the Member is referring to and I have directed the department to look at ways to change our policies to allow patients to be able to claim a rental car as opposed to other modes of transportation like taxis, because things have changed now where renting a vehicle is often cheaper than riding in taxis. I think it’s a matter of changing paperwork. That’s why I have not been able to get back to that particular constituent. I will follow up in writing to the Member. Thank you, Mr. Speaker.

Mr. Speaker, my constituent is a loyal listener of the Legislative Assembly proceeding and I can tell you they’re probably watching right now. Mr. Speaker, so he’ll be very pleased with that brief an answer.

Mr. Speaker, at this time, you know, I’m glad to hear it’s going to work out, from the sounds of what the Minister had to say, but sometimes it has to be approved up front and I am suggesting we create a process where we inform people up front that if they want the choice of independence, they can have that and make it on their own or if they want the choice to submit receipts, they have that choice as well. So would the Minister be looking at incorporating this as a normal process going forward to help streamline our travel claims because if they don’t have to submit receipts, that saves a lot of time and energy and certainly in the long run it probably saves us a lot of money. Would the Minister be willing to look at incorporating that process? Thank you.

Mr. Speaker, I don’t know exactly what the process is. I believe obviously if we change the Medical Travel Policy to allow alternative modes of transportation, then that rule has to be communicated to those who will be going on medical travel and they will have to be advised as to, you know, you can either take a taxi or rent a vehicle, whichever is cheaper and so on. So that information item or informing the public will have to be part of that change and will be part of that. Thank you.

Returns to Written Questions

RETURN TO WRITTEN QUESTION 4-16(3): MACKENZIE VALLEY HIGHWAY CONSTRUCTION

Speaker: Mr. Tim Mercer

Mr. Speaker, I have a return to Written Question 4-16(3) posed by Mr. Yakeleya on February 16, 2009, regarding Mackenzie Valley Highway Construction.

The current estimate to construct the Mackenzie Valley Highway is $1.8 billion. This figure includes permanent bridges at all river crossings.

The environmental assessment for the Mackenzie Valley Highway would comply with the requirements of the Mackenzie Valley Resource Management Act, the Inuvialuit Final Agreement and related other legislation and regulations.

The construction of a Mackenzie Valley Highway cannot be self-financed without significant funding from the federal government. The Department of Transportation has and will consider user-pay and other innovative approaches as a way of financing this highway. Confirmation of federal funding will help establish what financing options are available to the GNWT. These options are also highly dependent on whether the Mackenzie Gas Project is built and what levels of post-project induced oil and gas development and traffic are expected.

The 2005 funding proposal Connecting Canada: Coast to Coast to Coast, which was targeted towards the federal government, proposes a GNWT-federal partnership to construct an all-weather Mackenzie Valley Highway to the Arctic Coast. An update of this proposal along with other actions is being considered as part of a federal engagement strategy being developed.

The Department of Transportation has had and continues to have discussions with DIAND and other federal departments on programs that could fund the construction of this road. The department also continues to explore other funding options to construct this road, including partnerships with private industry. The maximization of local employment will be one of the objectives of any program to construct the Mackenzie Valley Highway. Thank you, Mr. Speaker.

RETURN TO WRITTEN QUESTION 5-16(3): MENTAL HEALTH SERVICES AT NORTH SLAVE CORRECTIONAL CENTRE

RETURN TO WRITTEN QUESTION 6-16(3): NWT RESOURCE ROYALTIES

RETURN TO WRITTEN QUESTION 8-16(3): DEHCHO PROCESS AND PROTECTED AREAS STRATEGY

Petitions

PETITION 6-16(3): COMPREHENSIVE REVIEW OF CHILD AND FAMILY SERVICES ACT

Mr. Speaker, I would like to present a petition dealing with the matter of child and family services. Mr. Speaker, the petition contains 15 signatures from Inuvik residents. Mr. Speaker, the petitioners request that the Legislative Assembly immediately conduct a comprehensive review of the Child and Family Services Act in order to recommend changes to this legislation and its administration that would be more effective in supporting NWT families and more respectful of northern families. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Member for Nunakput, Mr. Jacobson.

PETITION 7-16(3): LONG-TERM CARE FACILITY IN ULUKHAKTOK

Thank you, Mr. Speaker. I’d like to present a petition dealing with the matter of the long-term care facility in Ulukhaktok. Mr. Speaker, the petition contains 88 signatures of residents of Ulukhaktok. Mr. Speaker, the petitioners request that the government build, maintain and staff a long-term care facility in Ulukhaktok for elders and disabled people. Thank you.

Reports of Standing and Special Committees

COMMITTEE REPORT 5-16(3): AUXILIARY REPORT ON THE REVIEW OF THE REPORT OF THE CHIEF ELECTORAL OFFICER ON THE ADMINISTRATION OF THE 2007 ELECTION

Thank you, Mr. Speaker. The Standing Committee on Rules and Procedures is pleased to provide its Auxiliary Report on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election and present it to the House.

The Standing Committee on Rules and Procedures tabled its first report, Committee Report 4-16, on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election on March 11, 2009. That report stated that additional research would be undertaken on three topics:

criminal records checks for candidates;

special ballots; and

strengthening enforcement.

This report is the result of the research and identifies additional recommendations by the standing committee to the Members of the Legislative Assembly.

The standing committee members reviewed and considered a legal opinion from the Department of Justice on whether or not persons found guilty of an indictable offense or those with criminal records could be barred from being candidates in a territorial election. It was determined that such a ban would violate section 3 of the Canadian Charter of Rights and Freedoms, which guarantees all citizens the right to vote and to run for office, without restrictions on these rights.

The standing committee members have directed the Law Clerk and research services to examine options for a voluntary disclosure related to criminal convictions for all candidates. That information will be made available to all Members for consideration.

Further to recommendations 16 and 25 contained in Committee Report 4-16(3), the standing committee further reviewed the provisions to simplify the process for the use of special ballots, making it more efficient and more likely to attract the participation of northern voters. The members of the standing committee considered the establishment of a new electoral official: the special ballots officer. This officer would be responsible for distributing and accepting all special ballots, for counting special ballots on polling day and communicating the count to the returning officers. In addition, this position would also have the authority to run mobile/advance polls. It is thought that this centralized service will result in faster turnaround of ballots by mail, could be established sooner and would be more efficient.

The committee agreed that the Chief Electoral Officer should be given the authority to use e-mail and Internet technologies for the distribution of special ballots, when the CEO is confident that the technology is secure enough for use.

In addition, the special ballots officer would be authorized to operate advance special mobile polls for people who want to vote by special ballot, such as mobile polls at the mine sites or at NWT college campuses.

Special ballot mobile polls may be easier to deliver in our multi-electoral district setting than a regular mobile poll, as the officer does not need 19 ballot boxes and 19 different ballots. Polls could be held on both polling day and in advance of polling day and would be limited to people who are not resident in their home community at the time of the special poll. The poll locations would be established by regulation. The counting of ballots may not be able to include candidate’s agents; however, two “electors” could be identified and included as witnesses. Returning officers would no longer be responsible for special ballots. The NWT elections office would incur new travel costs for any special ballot polls.

The special ballots officer would only have jurisdiction in the NWT.

That the Elections and Plebiscites Act be amended to establish a special ballots officer that would be responsible for special ballots and would possess the authority to hold advance mobile and polling day polls for voters not resident in their home community on polling day and at locations identified in the regulations.

That the Elections and Plebiscites Act be amended to give the special ballots officer the authority to use e-mail and Internet technologies for the distribution of special ballots, when the Chief Electoral Officer is confident that the technology is secure enough for use.

The current categorization of many of the offences listed in the Elections and Plebiscites Act could be changed to allow them to be prosecuted using a “strict liability” standard. A strict liability offence is one where a person is liable for the damage even if there is no negligence or fault. With a strict liability offence, the person charged has the ability to raise a defence of due diligence (meaning, they have done all that was reasonably possible in the circumstances to avoid the offence).

Offences now considered to be “campaigning” offences could become summary conviction offences, allowing the offender to be “ticketed” under the Summary Convictions Procedures Act, and thereby simplifying the prosecution process.

Further, additional amendments to the act should be made to allow the Chief Electoral Officer to:

enter into compliance agreements,

issue compliance orders, and

issue formal cautions.

Another amendment would allow late fees to be imposed on late filers of elections expenses reporting.

All of these mechanisms would increase the variety of enforcement and prevention measures available to the Chief Electoral Officer.

That the Elections and Plebiscites Act be amended to change the act to allow as many offences as possible to be prosecuted using a strict liability standard and as many offences as possible to be prosecuted under the Summary Convictions Procedures Act.

That the Elections and Plebiscites Act be amended to give the Chief Electoral Officer the power to enter into compliance agreements, issue compliance orders and issue formal cautions.

That the Elections and Plebiscites Act be amended so that late fees could be imposed on late filers of elections expenses reporting.

This concludes the committee’s auxiliary report. It is hoped that the recommendations included in this report will support the Legislative Assembly in its desire to continually improve the processes used to administer territorial elections.

Mr. Speaker, that concludes the auxiliary report of the Standing Committee on Rules and Procedures on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election.