Debates of March 9, 2015 (day 73)

Date
March
9
2015
Session
17th Assembly, 5th Session
Day
73
Speaker
Members Present
Hon. Glen Abernethy, Hon. Tom Beaulieu, Ms. Bisaro, Mr. Blake, Mr. Bouchard, Mr. Bromley, Mr. Dolynny, Mrs. Groenewegen, Mr. Hawkins, Hon. Jackie Jacobson, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Moses, Mr. Nadli, Hon. David Ramsay, Mr. Yakeleya
Topics
Statements
Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. Final, short supplementary, Mr. Yakeleya.

Thank you. I look forward to that, Mr. Speaker. Also, sewing, beading and making jackets has a lot of power. Has the Minister ever engaged in this type of work with his department in conjunction with the Health department, asking the meaning behind the beadwork or putting together a moosehide jacket or traditional wear such as yours, Mr. Speaker, in regards to helping our people with issues in their life?

I certainly appreciate that there’s a story behind every piece of beadwork that we see, not just here in the House but across the territory, and we certainly respect that. We’ll continue to have a discussion. If there’s a therapeutic side to that type of work, that activity, then that’s something I’ll have a discussion with my colleagues at ECE and Health and Social Services. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. Mr. Menicoche.

QUESTION 763-17(5): DEHCHO PROCESS NEGOTIATIONS

Thank you very much, Mr. Speaker. Earlier today I spoke about the Dehcho and their seemingly stalled talks with the GNWT. I guess what it’s all about is since the onset of devolution, GNWT, of course, takes more of a lead only because now we have the lands in question. So, maybe I’ll ask the Minister of Aboriginal Affairs about our new role in negotiating with the Dehcho First Nations? Previous to this we were leaning heavily on Canada. I’d like to know how much weight we have as the GNWT negotiating with the Dehcho First Nations. Mahsi cho.

Speaker: MR. SPEAKER

Thank you, Mr. Menicoche. The honourable Premier, Mr. McLeod.

Thank you, Mr. Speaker. The land claims negotiation process with Dehcho First Nations involves three parties: the Dehcho First Nations, the Government of Canada and the Government of the Northwest Territories. Thank you, Mr. Speaker.

Certainly, the three parties have invested over 30 years of hard negotiating time. I was getting at that I think the GNWT is taking a more important role. In fact, Mr. Premier met with the Dehcho leadership around two weeks ago, and they left that meeting somewhat disheartened. They thought they were there to speak with the Premier at that time that we hosted the meeting and find some more common ground. They want to complete the negotiations and fulfill their aspirations for self-government.

I’d like to ask the Minister of Aboriginal Affairs once again, how much weight does the GNWT have in our negotiations since the onset of devolution? Thank you.

The Government of the Northwest Territories made a comprehensive offer to conclude the outstanding land and resource issues and a draft agreement-in-principle. The Government of the Northwest Territories offer included a land quantum of 37,500 square kilometres. This would result in the Dehcho First Nations having title to 37,500 square kilometres of land with surface title and approximately 17.78 percent interest in the subsurface of the entire Dehcho Settlement Area.

The Government of the Northwest Territories’ offer also included elements that would guide the completion of a Dehcho Land Use Plan, set out the structure and responsibilities of the Dehcho Resource Management Authority, set out the authorities of the Dehcho Government in relation to renewable resources and set out the process the parties would use during final agreement negotiations to identify settlement lands, finalize protected areas and update the Dehcho Land Use Plan. Thank you, Mr. Speaker.

I’d like to thank the Minister for that response. Certainly, it almost sounds like a final offer. I guess what I’m in support of is we have to sit down with the Dehcho again. In fact, I think their latest asking is, geez, we’re 7,000 square kilometres apart. While mediation is never a popular way to go about it, I’d like to ask the Minister: What are his thoughts on getting mediation and getting back to the table, finding some more common ground, and let’s continue to move forward with our government and the Dehcho First Nations.

The Government of the Northwest Territories will continue to work in good faith with the representatives of the Dehcho First Nations Process. However, this can only be made with frank and honest conversations. This means that we must be able to lay out the extent of what we can do while still being fair to everyone. This is simply being honest and respectful. It is not being a bully or acting in a threatening manner.

Speaker: MR. SPEAKER

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

Thank you very much, Mr. Speaker. Certainly, I believe that we can continue to do it. We’ve got the power in this House. With devolution, we’re growing up, and I believe that we can find a way. I’ve indicated in my Member’s statement about how much I value Mr. Premier’s negotiating abilities, and I believe that he can find a way around it.

I guess one of the barriers for those additional 7,000 square kilometres is about the precept or the concept that your population base is based on figures from 30 years ago. I would like to ask the Minister of Aboriginal Affairs, can he revisit that or find a flexible way around that old population base in order that we can expand on the land quantum?

The whole premise and process of land claims negotiations is based on the Dene-Metis Comprehensive Claim from 20 years ago. It’s being fair to a process where we’ve seen four land claim and resources agreements settled based on populations from 20 years ago. For a party to wait 20 years to negotiate whose population increases, it means that there’s a difference between the settlements. That’s why both the Government of Canada and the Northwest Territories government are using the populations that were in place at the time of the draft Dene-Metis Comprehensive Claim 20 years ago. The population numbers from then are significantly different now. Obviously, the numbers are significantly higher now.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The Member for Deh Cho, Mr. Nadli.

QUESTION 764-17(5): DEHCHO PROCESS NEGOTIATIONS

Thank you, Mr. Speaker. I too wanted to ask questions to the Minister of Aboriginal Affairs and Intergovernmental Relations. I’d like to ask the Minister, can he clarify whether the offer of 37,000 square kilometres is the take it or leave it offer or the final offer?

Speaker: MR. SPEAKER

Thank you, Mr. Nadli. The honourable Premier, Mr. McLeod.

Thank you, Mr. Speaker. The Government of the Northwest Territories is working hard to find solutions to the significant outstanding issues at the Dehcho Process negotiations. Part of this work included making an offer to the Dehcho on land quantum and how to conclude a Dehcho agreement-in-principle. This offer took many months to develop and incorporated the work of senior officials appointed by myself and the Dehcho grand chief to consider innovative solutions to these very challenges. When I wrote to the grand chief to clarify our offer, I indicated that we were looking forward to receiving a response by April 6th, so we’re still waiting for that response.

I think the negotiations process at this point has reached a perilous point where perhaps parties might walk away. There could be a call where negotiations are basically going to come to a halt, and that’s not in the best interests of the people of the Deh Cho, of the NWT, or even Canada, for that matter, for the uncertainty of the land tenure and the ownership and the jurisdiction to not be clarified.

At what point would the Premier or the Minister call upon his leadership and call upon the Dehcho leadership to step in, instead of leaving the negotiation process and the fate of the whole discussions of land and self-government to their officials and become involved and bring it to the spirit where it’s supposed to happen so that leaders can sit side by side with each other and come to some constructive discussion? Mahsi.

Thank you. Certainly that is what we would like to do if we can get to that.

Can the Minister provide an update of the Dehcho Process negotiations? I know he’s spent a lot of time explaining where the process is at, but from his perspective, is there hope? Is there a point where we should be concerned? Mahsi.

There’s always hope. From what I’m hearing from the two Members here, it seems apparent that the Dehcho First Nations have rejected the land offer that we’ve made, but that is a bilateral process. It was between the Dehcho First Nations and the Government of the Northwest Territories. We have offered to go to the communities to explain the offer that we’ve made, and we’ve also offered to anyone that invites us to come to present that. Obviously, at the end of the day, there’s always the main table, which involves the federal government, the Government of the Northwest Territories and the Dehcho First Nations, where we can all use that process to decide the way forward. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Final, short supplementary, Mr. Nadli.

Thank you. My final question is in all these negotiations sometimes they come to a point where you can’t really resolve the differences.

Are there any provisions within the negotiations policy of this government or else the framework agreement, that’s been hammered out with all the parties, for any provision for a dispute mechanism? Mahsi.

Thank you. The framework agreement does provide for that and the Dehcho negotiators had requested a main table session today and, ultimately, they decided to cancel it, but the provisions of the draft agreement do provide for that. So when we come to it, we’d be prepared to discuss it. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The Member for Hay River North, Mr. Bouchard.

QUESTION 765-17(5): APPLICATION OF NWT PAYROLL TAX ON NORTHERN RESIDENTS

Thank you, Mr. Speaker. I have questions for the Minister of Finance today in relation to my statement on payroll tax.

How much of the $42.7 million collected in payroll tax is paid by NWT residents and what percent of those residents can get their payroll tax back? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Bouchard. The Minister of Finance, Mr. Miltenberger.

Thank you, Mr. Speaker. The payroll tax is administered under the Payroll Tax Act and is levied at the rate of 2 percent of employment earnings. The low-income earners get back the tax when they file. The question is in earners; as well, the answer is that the payroll tax is non-refundable. Although the refundable cost of living tax credit was introduced at the same time as a payroll tax, it is viewed as an offset to the payroll tax. The cost of living tax credit is calculated on the basis of net income and can be claimed by tax filers regardless of whether payroll tax is paid. Thank you.

Do we actually know how many people in the Northwest Territories, what percentage of people that file taxes get their payroll tax back in any form? Thank you, Mr. Speaker.

With regard to the previous question, over the past five-year period from 2009-2010 to 2013-14, the average payroll tax generated was $38.7 million per year. In 2013-14 the GNWT collected $41.245 million in payroll tax revenue. Thank you.

We’ve been talking in this House about generating more people in the Northwest Territories. Would it not be an incentive for people to stay in the Northwest Territories if that payroll tax was 5 percent? Can we increase the payroll tax to 5 percent, Mr. Speaker? Thank you.

We raised it from 1 to 2 percent. To go to 5 percent would be problematic just because of the cost to administer it and the value to us in the long run and the fact that Canada Revenue Agency looks very carefully at payroll taxes and has a fairly jaundiced view of their appropriateness. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Miltenberger. Final, short supplementary, Mr. Bouchard.

My understanding of this tax is it was created to tax those people who work in the Northwest Territories, but we give those taxes back to the residents of the Northwest Territories. When did the Government of the Northwest Territories change the payroll tax? Thank you, Mr. Speaker.

The payroll tax is the same. The cost of living tax credit is in place that benefits Northerners and allows for some of the money to be recovered through the tax refund process. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Miltenberger. Member for Range Lake, Mr. Dolynny.

QUESTION 766-17(5): CONTRACTOR SAFETY MANAGEMENT SYSTEM

Thank you, Mr. Speaker. Earlier today I spoke about a failure to implement a contractor management system in our shared procurement process and that this lack of foresight is a cause of a great many issues in our overall safety culture. My questions today are for the Minister of Public Works and Services.

We have been given updates from the department and the Minister by de facto being in good standing with the WSCC or, in other words, being paid up constitutes a minimum baseline requirement of a safety program for NWT businesses that apply for contract status with the GNWT.

Can the Minister confirm if this is the only standard safety requirement the GNWT uses in procured shared services? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Dolynny. Minister of Public Works, Mr. Beaulieu.

Thank you, Mr. Speaker. No, that is not the only safety requirement. We ensure that the contractors are able to provide a letter indicating they are in good standing with WSCC. However, that’s not the only requirement. We have construction safety on the agenda before a contract is awarded and there are several items the contractor must have in place before they are able to contract with GNWT. Thank you, Mr. Speaker.

It has been brought to our attention that NWT businesses are to self-register with the GNWT in preparation for RFP application within our shared procurement services.

Can the Minister indicate how are NWT business safety programs or services evaluated for relevance, certification or standardization given the vast array of national safety standards and criteria out there? Thank you, Mr. Speaker.

The Department of Public Works takes safety seriously. We are working with industry to ensure that when individuals are on site that not only the main contractor has followed all the NWT Safety Regulations under the NWT Safety Act and that all the subs that go on site also follow that. We have several items, anywhere from clothing to regulations with WHMIS need to be taken by employees. I’m not sure I’m following what self-registration is. Thank you.

Almost every other jurisdiction in Canada has, in one form or other, a contractor management system that identifies, assesses and controls the standards of business and workers in the workplace, especially in safe operations. Ironically, the GNWT feels a system will cause small communities to be left out in the cold.

Can the Minister clearly explain and defend the department’s position on its refusal to instill a modern day safety management tool? Thank you.

This is not just a small communities issue. If this is implemented across the board, it will leave a substantial number of contractors unable to work with the GNWT. That includes large companies that are not registered in the contract management system, including subs. There are contractors that are going to be able to get jobs, but their subs won’t be able to go on site. Contract management systems can be used to prequalify contractors. So, in a sense, if a contractor is not registered with the contract management system, then they wouldn’t be able to bid. We could also be able to do an evaluation and could use it for evaluating bids, tenders, evaluating proposals and so on. It is something we are moving towards, but we’re not going to rush in and eliminate all the people we have been doing business with to date. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Beaulieu. Final, short supplementary, Mr. Dolynny.

Thank you, Mr. Speaker. Today it’s really hard for me to know, and any other person listening, what exactly is a baseline of safety required by contractors working for the GNWT, especially if the GNWT is acting as a principal contractor. To be truthful, Mr. Speaker, I don’t think the GNWT knows that either. So we know by de facto, the WSCC is a program they use and we also heard from the Minister “we use several items” and we don’t know what that means.

Can the Minister indicate what the minimum baseline requirements are for safety that businesses must have in place in order to bid on RFPs within a procured service model? Thank you.