Debates of February 14, 2018 (day 10)

Date
February
14
2018
Session
18th Assembly, 3rd Session
Day
10
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Hon. Caroline Cochrane, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Question 110-18(3): Procurement Policies

Thank you Mr. Speaker. Mr. Speaker, I have questions for the Minister of Infrastructure. I want to get into this issue of payment and prompt payment in particular. I have previously raised this issue in the House. There is movement in our country on making this process fairer, more transparent, and more timely for subcontractors and businesses who benefit from government procurement, especially in the construction industry.

Three of the sections set out in Ontario's new Construction Lien Act set out that the owner's payment obligation is transferred down to the contractor. The contractor's obligation is then transferred down to its subcontractor. The subcontractor's obligations are down to their subcontractors. In a sense, when payment is received, it moves down the chain, and there is a legal basis for it to move down the chain. We don't run into payment issues of people down the line. Has the Minister completed his review of that legislation? Thank you.

Speaker: MR. SPEAKER

Minister of Infrastructure.

Thank you, Mr. Speaker. The Member is correct. He brought it up in the House last year. Since then, the Department of Infrastructure has introduced a prompt payment issue to the Procedures Working Committee. They are having a look at this thing. Ontario has just recently passed this prompt payment legislation. They are the only ones in Canada who have done it. The federal government is having a look at doing this. We are continuing to monitor both of them moving forward.

At the same time, we have also reached out to the Construction Association of the Northwest Territories on prompt-payment issues. They never got back to us on if it is an issue. Thank you, Mr. Speaker.

I have a constituent who is a subcontractor and did not receive payment from a government contract. It is an issue. I can tell the Minister that. It is an issue. I will give him the full details when we are out of the Chamber. The Government of Canada is doing more than looking at it. There is a bill called the Canada Prompt Payment Act currently in first reading. Is the Minister willing to develop a legislative proposal and to share that proposal with the standing committee so we can get to work on prompt payment legislation here in the Northwest Territories?

As I have stated, we have put this to the working committee. I have reached out to the Northern Construction Association. Based on one person, again, am I willing to make legislation? Possibly. I am willing to sit down with the Construction Association and see if this is something that is of utter importance that needs to be done in a timely manner, to have a look at it. As of right now, with one person, I am not ready to move on legislation.

When you combine prompt-payment issues with progress-payment issues with all of these payment issues, it seems there is a payment problem. Should I, as a private Member, bring forward a bill that would support a prompt-payment regime, would the government be in a position to support that legislation so we can get some work done in this House?

I can't control if the Member wants to bring a private Member's bill forward. I have said we have recognized this. We have reached out to the Northern Construction Association. We are monitoring what Ontario is doing. The federal government is pushing theirs through their House.

As far as progress payments go, that is a totally different issue than prompt payment. Progress payment seems to be an issue around the manufacturers' goods. We are coming forward with a manufacturers' strategy, a "what we heard" document. If that is an issue in those documents, then we will sit down and have that discussion.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Kam Lake.

Thank you Mr. Speaker. Mr. Speaker, the manufacturing strategy doesn't include a section on progress payments, prompt payments, and doesn't include a clear policy direction in that strategy to resolve this issue. Thank you.

We went out and talked to all the manufacturers in the Northwest Territories. We have gone to all the regions and had this discussion. I will be tabling in this Assembly, in this session, the "what we heard" report around the manufacturers' strategy. I haven't even had a close look at it myself yet. I suspect that, if this is an issue with the manufacturers, it will be in the "what we heard" report. We will have a look at it. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Colleagues, I would like to draw your attention to visitors in the gallery. With us is Mr. David Ramsay, former Minister and former Member. Welcome. I would also like to recognize a constituent from Behchoko, Louis Chinkon, who is here with us. Masi for coming. Oral questions. Member for Nahendeh.