Debates of November 1, 2010 (day 27)

Topics
Statements
Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Minister responsible for the Northwest Territories Housing Corporation, Mr. Robert McLeod.

Thank you, Mr. Speaker. I am aware of this certain situation and I have committed to following up on it. The Member raises a valid point, though. We do have folks out there who are seasonal workers and at the present time they could be unemployed. But I have committed to following up on that, because all the reasons that he stated are correct. My understanding is they’re able to make all the payments and there really are no arrears. I am following up on that as we speak. Thank you.

Mr. Speaker, hopefully this is not the practice right across the board in regard to the corporation, because the whole idea of the HELP program is to help people transition from social housing to eventual homeownership and the idea is that those people will, basically, at some point, be able to acquire that unit through paying a mortgage or whatnot down the road, but get them transitioned from social housing to homeownership. I’d like to ask the Minister, in light of these circumstances, could he also check and make sure that this practice is not across the board throughout the Northwest Territories, because, like I say, we have some 246 units that are presently vacant and a large portion of that are some 58 HELP units. I think it’s important that we do whatever we can do to occupy those units. Can the Minister also check to see if this practice is being implemented elsewhere?

Mr. Speaker, it is our goal to try and get people into homeownership, and as the Member had mentioned, the HELP program is one way to transition them into homeownership. Understanding that we do have a lot of seasonal workers in the Northwest Territories, I will follow up on the Member’s suggestion that we look territorial-wide and see if this is a practice that goes on, because a lot of these people will gain permanent employment or gain employment at one time or another and we have to make sure that we have these folks into some of our homeownership units and not have them vacate and then once they get a permanent job, bring them back into the system. I will commit to the Member and to this House that I will follow up on this just to make sure that it’s not a common practice that is happening across the Northwest Territories. Thank you.

Mr. Speaker, again, I’d just like to get some assurance and also get the Minister to maybe check into the traditional communities that we do have out there where a lot of people still continue to sustain themselves through hunting, fishing, trapping, and also, like I stated, there is the seasonal economy and people do earn income, basically, on the different activities. I think there has to be an understanding from the regional staff that they really understand what they mean by way of how they interpret full-time employment, because we do have seasonal employment, people do different types of activities. Again, I’d just like to maybe ask the Minister if he can get people to clarify the interpretation of “season employment” versus “traditional economies” in the Northwest Territories, especially for our traditional communities. Thank you.

Mr. Speaker, I will follow up on the Member’s suggestion. If we have tenants that are able to meet all their commitments, which in my understanding in this particular case, they were meeting all of their commitments, then it’s something that we have to have a look at. If we get into situations where it’s difficult for tenants to meet their utility costs and that, then that’s also something that we need to look at. But in the particular case, they were meeting all their commitments, so I will follow up on that and I will also follow up on the income and what constitutes seasonal employment and traditional activities. I will do a thorough follow-up on this particular case, that way we can be assured that it’s not something that will be happening too much across the Northwest Territories.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Your final supplementary, Mr. Krutko.

Thank you, Mr. Speaker. I’d like to ask the Minister if I can get a quick turnaround on this. The family is waiting for my phone call and they are wondering what the status is they are in, because they were supposed to be out of there yesterday. Again, they’re just wondering what their situation is and I think the sooner we deal with this problem, I think it will also hopefully bring resolution to this ASAP. I’d like to request a quick response on this one. Thank you.

I can commit to that. I have asked the corporation to give a quick turnaround on this particular issue. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Kam Lake, Mr. Ramsay.

QUESTION 312-16(5): STATUS OF DEH CHO BRIDGE PROJECT

Thank you, Mr. Speaker. I’ve got a few questions for the Minister of Transportation related to the Deh Cho Bridge Project. I’m wondering if the Minister could advise the House whether or not any steel has shown up at Fort Providence for the construction of that bridge. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. The honourable Minister responsible for Transportation, Mr. Michael McLeod

Thank you, Mr. Speaker. The answer is yes. The steel has started to arrive in Hay River and some of the steel has been delivered to the community of Fort Providence. Thank you.

Mr. Speaker, I’d like to ask the Minister if he could provide the House with the answer on when all the steel will show up in Fort Providence and construction of the superstructure will begin in earnest. Thank you.

We expect all the steel to be coming in batches over the winter and construction should be starting in earnest on the superstructure right away. We plan to have all the material for the superstructure on site by the spring of this coming year. Thank you.

Mr. Speaker, I’d like to ask the Minister, if the construction audit that was performed on the Deh Cho Bridge is concluded, when might it get in front of committee for purview. Thank you.

Mr. Speaker, I don’t have an exact date. The report, as I indicated the last time the Member asked questions, is under review and we’re doing reconciliation. As soon as that’s done and concluded, we can provide it to the Members. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Your final supplementary, Mr. Ramsay.

Thank you, Mr. Speaker. Before the construction begins on the superstructure, I hope that the construction audit is concluded and distributed to Members so we can see what is included in the construction audit. As well, the Auditor General’s review of the project, when is that scheduled to be concluded and presented to the House? Thank you.

Mr. Speaker, there are a couple of questions there. The question on the Auditor General’s report is something that we have been working on with the Auditor General. We provided material over the last while to the Auditor General. The indications are that the report will come out this spring. Thank you.

Speaker: MR. SPEAKER

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

QUESTION 313-16(5): RESPITE CARE PROGRAM FUNDING REDUCTIONS

Thank you, Mr. Speaker. My colleague Mr. Ramsay raised the issue today regarding the potential loss of respite care through the Yellowknife Association for Community Living. Of course, like many Members in Yellowknife, I too have constituents who do receive this care. It is a significant priority to them. I have received their e-mails of concern. No less passionate is my concern about the funding, as highlighted by Mr. Ramsay. I would like to maybe see if the Minister can explain what is happening with their funding agreement, to ensure that there is some stability through this fiscal year, and what efforts will be made to ensure that we have some stability going into the next funding year. Thank you.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. First of all, everything that comes through Health and Social Services is highly charged and highly emotional. There are always more demands than supply of money. I just want to clarify the information on funding, because some Members seem to be not clear on that, Mr. Speaker. We just approved the business plan that we cannot talk about. I agree that there was money approved for that for next year, money being discussed, but that hasn’t to do with this funding arrangement we have with YACL. The THSSI funding we just approved in supplementary appropriation yesterday has to do with 2010-11. We have not dealt with THSSI funding for next year.

Mr. Speaker, I want to tell the Member that I am very aware of the importance of this program. I am reading all of the correspondence that I am receiving as well. I am working hard with the department to see how we can assist the association with this situation. Thank you, Mr. Speaker.

Mr. Speaker, I have gotten to know many of these families and they certainly depend on this respite care very highly. It is an important break through the system. It is not a holiday. It is a way to organize their life and give them the chance to be part of a program that allows them to do more. If anyone knows anyone who has a family in this situation, although there are certainly challenges before them and my heart goes out to how hard they work to get through these things. Mr. Speaker, my question being to the Minister now, is the fact is what is the department doing to advocate further funding or support funding in some funding mechanism for this particular issue. The reality is this is really pulling the carpet out from a lot of these families. It would be a significant setback if we don’t continue to find some way to support them. Thank you.

Mr. Speaker, I appreciate the Member’s comment. What I propose to do is work with the association. I am committed to communicating directly with them so that we can sit down and have a dialogue about how we could come up with an agreement. I could tell the Member today that I am committed to finding a solution out of this situation. I understand. I have told the parents who have talked to me that no one has to convince me of the importance of this program. I am a little hesitant to address this publicly, because, Mr. Speaker, every day I get asked by Members and the public for additional funding for all sorts of projects, but I think what we need to do is we haven’t been able to do this yet. I am going to communicate directly with the association and work together to find a resolution. I want to commit to the Member again that I will find the solution. Thank you.

Mr. Speaker, I never get tired of saying, although I don’t have to say it very often. Would the Minister commit to meeting with this constituent organization in my riding, because YACL is a downtown organization? Would she commit to opening up a meeting so we can have this type of bridging conversation with any member who is interested in being involved and finding a solution together? We don’t want to miss a real opportunity here to make sure that these families are supported, and I can guarantee, undoubtedly, that there are many Members in this Assembly who would like to be involved in finding that solution to bridge forward for these families again helping protect respite services here for our residents. Would the Minister be willing to join us and invite as many Members as possible to be a part of this? Thank you.

Mr. Speaker, yes, as a matter of fact, we are communicating right now to sit down together and to less politicize this issue and have the facts prevail and have my officials sit with YACL and work out a resolution. I say it again, that we will find a resolution to provide assistance to YACL. Thank you.

Speaker: MR. SPEAKER

Thank you, Ms. Lee. Time for question period has expired; however, I will allow the Member a final supplementary. Mr. Hawkins.

Thank you, Mr. Speaker. As we have all seen quite clearly, this is an important issue. It sounds as if the Minister can appreciate that it is a significant issue for many families. The point being here is that timing is everything. We need a meeting as soon as possible. Can the Minister ensure that she will commit to having a meeting before Christmas? That way, Members will have time to get down, help source out some solutions and we can get this process moving as fast as possible. Otherwise, if we leave this open without a focus to challenge ourselves, it may sit and drag on forever. The families don’t need that. Certainly Members who are advocating for this issue don’t need that either. Thank you, Mr. Speaker.

Mr. Speaker, I expect that we will resolve this way before Christmas in the very near future. Thank you.

Reports of Standing and Special Committees

COMMITTEE REPORT 4-16(5): REPORT ON THE REVIEW OF THE 2008-2009 ANNUAL REPORT OF THE LANGUAGES COMMISSIONER OF THE NORTHWEST TERRITORIES

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2008-2009 Annual Report of the Languages Commissioner and commends it to the House.

The Standing Committee on Government Operations met on May 13, 2010, to review the Office of the Northwest Territories Languages Commissioner’s Annual Report, 2008-2009. The committee would like to thank the former Languages Commissioner, Ms. Shannon Gullberg, for preparing and presenting the report. The committee would also like to thank the current Languages Commissioner, Ms. Sarah Jerome, for attending and participating in the review.

When the committee reviewed the Languages Commissioner’s 2007-2008 report, it expressed concern that people who speak minority languages may not be aware of the Commissioner and her role. The mandate of the Languages Commissioner is to investigate complaints, yet there have been very few complaints or inquiries. The committee urged the recently appointed Commissioner to promote her role so that more people would bring complaints and inquiries to her.

In the final year of Ms. Gullberg’s term as Languages Commissioner, 2008-2009, Ms. Gullberg was quite active. She visited seven communities and provided promotional packages to all teachers, health care centres and hospitals in the NWT. That was also the year the Standing Committee on Government Operations held hearings throughout the NWT as part of the review of the Official Languages Act. In spite of these activities, there were no formal complaints and only 20 formal inquiries. Both Ms. Gullberg and Ms. Jerome reported that they received telephone calls from people with questions or problems. These could not be pursued formally because there was no written follow-through. In cases like these, the committee recommended that the Commissioner consider replacing the requirement for a written letter of complaint with some other permanent record, such as a sound recording. This could address the issue of people not making a formal complaint because they are not confident in their ability to express themselves in a written letter, or because they are intimidated by the formality of the process. The NWT has a rich oral tradition, and exploring other avenues of complaint would take this into account.

In her 2008-2009 annual report, the Commissioner made recommendations about existing issues and acknowledged some of the recommendations in the SCOGO’s Final Report on the Review of the Official Languages Act 2008-2009.

In her role as Languages Commissioner, Ms. Gullberg initiated an investigation into the existing Aboriginal Languages Revitalization Board and the Official Languages Board. Ms. Gullberg heard that both boards thought that the Minister responsible for Official Languages had never responded to the recommendations made to him since their inception in 2004. However, upon writing to the Minister, Ms. Gullberg learned that there had been a response, but it was unclear if any action had been taken on the recommendations. In 2006, the most recent year that the boards made recommendations, they raised issues about board member attendance and quorum at meetings. Ms. Gullberg concluded that the boards are looking to the Minister for assistance on administrative issues.

The committee is disheartened to hear that both languages boards have been isolated and inactive. Notwithstanding SCOGO’s report on the Official Languages Act that proposes an aboriginal language protection regime that includes an Aboriginal Languages Advisory Committee, in the interim, SCOGO supports better communications and more leadership and guidance from the Minister to the boards’ membership. The committee believes the Boards should be re-established and given assistance to understand their roles and to establish proper processes to accomplish them.

The Standing Committee on Government Operations recommends that the Minister responsible for Official Languages improve communications with the Aboriginal Languages Revitalization Board and the Official Languages Board, or any future language boards or committees; and provide written confirmation to the boards and to the standing committee of departmental follow-through on the boards’ recommendations.

The Standing Committee on Government Operations recommends that the Minister responsible for Official Languages provide support to the Aboriginal Languages Revitalization Board and the Official Languages Board, or any future languages boards or committees, in regard to their roles and responsibilities and in dealing with issues internal to the boards, such as attendance and quorum.

Ms. Gullberg supported the concept of a service-based model, as suggested in the Final Report on the Review of the Official Languages Act 2008-2009, to be included in the proposed Official Languages Services Act. The committee’s report contended that including the aboriginal language protection regime in the Official Languages Services Act would provide for its continued existence.

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories continue to move forward with the concept of a service-based model as suggested by the development of the proposed Official Languages Services Act.

In SCOGO’s report on its review of the Languages Commissioner’s 2007-2008 Annual Report, the committee requested that that the GNWT provide a formal, separate response to the Official Languages Commissioner’s report on the state of languages in health care. Instead, the GNWT included that response within its response to the committee report.

The Standing Committee on Government Operations recommended the Government of the Northwest Territories provide a formal, separate response to Speaking of Health: Official Languages as part of Quality Health Care in the Northwest Territories, and that it also provide this response to the Languages Commissioner as soon as possible.

The committee’s final recommendation is as follows:

The Standing Committee on Government Operations recommends the Government of the Northwest Territories provide a comprehensive response to this report within 120 days.

The Standing Committee on Government Operations would like to thank Ms. Shannon Gullberg for her endeavours over the last five years, and her assistance in the transition of the office to Ms. Sarah Jerome.

The committee would like to recognize Ms. Jerome’s activities publicizing and promoting the role of Languages Commissioner, and is looking forward to reviewing her annual reports and to her continued attendance and participation at community events.

MOTION TO RECEIVE COMMITTEE REPORT 4-16(5) AND MOVE INTO COMMITTEE OF THE WHOLE, CARRIED

Speaker: MR. SPEAKER

Thank you, Mr. Menicoche. A motion is on the floor. The motion is in order. To the motion.

Question.

Speaker: MR. SPEAKER

Question has been called.

---Carried

Committee Report 4-16(5) will be moved into Committee of the Whole for consideration. The Member for Yellowknife Centre, Mr. Hawkins.

COMMITTEE REPORT 5-16(5): REPORT ON THE REVIEW OF THE 2008-2009 ANNUAL REPORT OF THE INFORMATION AND PRIVACY COMMISSIONER OF THE NORTHWEST TERRITORIES

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review the 2008-2009 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to the House.

The Standing Committee on Government Operations reviewed the 2008-2009 Annual Report of the Information and Privacy Commissioner at its meeting on May 19, 2010. The committee would like to thank Ms. Elaine Keenan Bengts for her report and for her appearance before the committee.

The Information and Privacy Commissioner is an independent officer of the Legislative Assembly. Her primary role is to review and make recommendations on public bodies’ decisions related to the Northwest Territories Access to Information and Protection of Privacy Act. ATIPP requires that public bodies demonstrate their accountability by making information accessible to the public while at the same time protecting the privacy of individuals. In her address to the committee, Ms. Keenan Bengts noted that balancing these two objectives can be challenging.

SCOGO is pleased to bring forward the following recommendations that were raised by the IPC in her annual report.

In order to address contemporary records management issues, other Canadian jurisdictions have recently completed reviews of their legislation. The NWT ATIPP legislation was developed more than 13 years ago. The legislators could not anticipate the technological advances that have subsequently occurred. Electronic communication is now the norm, and electronic records are often the primary method of recordkeeping. Given these changes, other Canadian jurisdictions have seen fit to review their legislation. The Information and Privacy Commissioner recommends that the NWT follow suit.

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories place a full review of the Access to Information and Protection of Privacy Act on its legislative agenda.

Ms. Keenan Bengts advocates the concept of “privacy by design.” This means that privacy should be considered and addressed when an organization is being created, and built into systems and business practices. For instance, when the GNWT was considering amalgamating boards with different mandates, i.e. health/social services agencies and education authorities, potential privacy issues would be considered and addressed prior to the formation of new boards.

The Standing Committee on Government Operations recommends that when a reorganization, amalgamation or formation of any public body is planned, matters concerning privacy issues should be considered and addressed at the organizational design stage.

Since 1999, the Information and Privacy Commissioner has recommended that the NWT enact legislation that would make municipalities subject to access and privacy legislation, as they are in all but four Canadian jurisdictions. In response, the Department of Justice and the Department of Municipal and Community Affairs developed a range of options, and held preliminary discussions with the NWT Association of Communities and local government administrators. MACA committed to developing a discussion paper for stakeholders and the general public in the next two years. The Yukon Territory is also presently considering municipal privacy legislation.

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories enact legislation that would make municipalities subject to access and privacy legislation, would define accountability levels and would create practical rules regarding the gathering, use and disclosure of personal information about individuals by municipalities.

As in previous reports, the IPC urged the GNWT to give more attention to the good management of electronic records, particularly when it comes to ensuring that e-mail records are preserved and accessible.

A recent breach of confidentiality relating to the faxing of confidential medical records to an incorrect address leads the committee to caution the department regarding fax policies and procedures. The committee emphasizes the importance of good management, review of processes and extreme caution when it comes to transmittal of confidential health records.

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories ensure that:

the same good records management practices that are applied to paper records are applied to e-mail communications; and

employees receive formal training and informal coaching on managing electronic records.

The IPC observes that though many children and youth communicate regularly on the Internet, they may not be aware of the risks associated with their on-line activities. Ms. Keenan Bengts believes the GNWT could help to protect children from risks associated with the Internet by providing teachers with appropriate curriculum material.

The Standing Committee on Government Operations recommends that the GNWT give consideration:

to educating elementary and secondary students about the risks associated with on-line activities; and

to providing specific information in school curricula about these risks and the precautions that should be taken in order for youth to reduce them.

Elaine Keenan Bengts has been the Information and Privacy Commissioner for more than 10 years and has brought forward many recommendations that have contributed to the improvements in access to information and privacy. The committee commends her efforts and perseverance and looks forward to receiving her 2009-2010 annual report.

That concludes the committee’s report.

Speaker: MR. SPEAKER

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

MOTION TO RECEIVE COMMITTEE REPORT 5-16(5) AND MOVE INTO COMMITTEE OF THE WHOLE, CARRIED

I move, seconded by the honourable Member for Yellowknife Centre, that Committee Report 5-16(5) be received by the Assembly and moved into Committee of the Whole for further consideration.

Speaker: MR. SPEAKER

A motion is on the floor. The motion is in order. To the motion.

Question.

Speaker: MR. SPEAKER

Question has been called.

---Carried

Speaker: MR. SPEAKER

The honourable Member for Nahendeh, Mr. Menicoche.

COMMITTEE REPORT 6-16(5): REPORT ON THE REVIEW OF THE REPORT OF THE AUDITOR GENERAL ON EDUCATION IN THE NORTHWEST TERRITORIES