Debates of February 8, 2019 (day 52)

Date
February
8
2019
Session
18th Assembly, 3rd Session
Day
52
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Julie Green, 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
Statements

Prayer

Ministers' Statements

Minister's Statement 135-18(3): Vision and Purpose of the Proposed Mineral Resources Act

Mr. Speaker, the Government of the Northwest Territories recognizes the need to advance the territorial vision of land and resource management in accordance with the Land Use and Sustainability Framework, and we have made a mandate commitment to evolve our legislative, regulatory, and policy systems to develop and proposing a variety of acts, including the Mineral Resources Act.

The Northwest Territories has mineral potential that could position itself as a primary economic driver for our country. The Government of the Northwest Territories is committed to responsibly managing Northwest Territories' resources and passing made-in-the-North legislation.

Mr. Speaker, in the coming days we will introduce the Northwest Territories' first Mineral Resources Act. This proposed act is the culmination of years of research, public engagement, collaboration with Indigenous governments and organizations, and consistent engagement with industry and other interested stakeholders.

Mr. Speaker, first and foremost, this legislation is a foundation upon which our management of mineral industry can be built. Its defining goal is to give our government the ability to respond to the wants and needs of our people; bring clarity and certainty where it is lacking; and modernizing how we govern mineral resources. These authorities will give us the ability to set regulations to match those ambitions and remove existing legislation barriers.

The proposed act would allow the Northwest Territories to regulate minerals effectively, efficiently, and transparently. It could provide benefits for people and communities of the Northwest Territories and Indigenous governments and support our economic interests by ensuring wealth generation by mineral resources is used to benefit our territory for generations to come. It will also encourage positive relationships between all parties; improve geological knowledge of our territory; complete our existing system of land and natural resource management; recognize sustainable land use. It is designed to achieve these ends while ensuring respect for Aboriginal and Treaty Rights.

Mr. Speaker, it will define a vision for managing exploration and mining in a way that makes sure NWT residents benefit; fosters positive relationships; and advances the public interest while maintaining a balanced approach for all. I would like to share some brief examples of why it is this way.

Contained in the proposed act, for the first time in Canada, provisions that will ensure benefits for Indigenous governments and organizations for major mining projects. This proposed act also addresses the benefits-generating tools for NWT residents. It will clarify an approach that has existed in practice through our socio-economic agreements and provide the flexibility to use other tools we see appropriate to generate benefits for the territory.

Mr. Speaker, Indigenous governments, communities, public government, and those looking to do business here will all find measures in this proposed act that will benefit them as they work to build a mutually beneficial relationship with the mining industry.

Through the proposed act, we hope to encourage early engagement, better communication, predictable dispute resolutions. We are also proposing a processes to reduce conflict by addressing gaps around sensitive lands and local awareness amongst those exploring for minerals.

The proposed act will enable our exploration regime to move into the 21st century with online map staking. This will actually help facilitate improved communication and transparency once implemented.

Finally, we recognize that geological information is key to much of it collected through mineral exploration to mining activities. We will be proposing the ability to collect more geological information through all stages of the mineral-development cycle. Such measures would add to our understanding of the territory's complex geology and could encourage economic development in the future while also respecting the need for reasonable confidentiality to protect commercial interests.

Mr. Speaker, I can assure you the Government of the Northwest Territories recognizes how important it is for NWT residents to have accessible information about our legislation. That is why the Department of Industry, Tourism and Investment plans to release public awareness materials, and I hope to work with Regular Members to support a full understanding that we hope and the intent of this proposed act to achieve.

We are encouraging Northwest Territories residents to visit our website; get acquainted with the details of our proposals; and take part as this proposed act moves through the legislative process.

Mr. Speaker, I'm proud of how far we've come, but understand there is more work to come. The proposed Mineral Resources Act addresses the need for modern, clear, and competitive legislation and a regulatory framework that responds to the needs of the Northwest Territories and its investment partners. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Ministers' statements. Minister for Environment and Natural Resources.

Minister's Statement 136-18(3): Thaidene Nene

Thank you, Mr. Speaker. Mr. Speaker, the Government of the Northwest Territories has a mandate commitment to use the Land Use and Sustainability Framework to establish the Thaidene Nene protected areas in partnership with Indigenous governments and the Government of Canada.

I can inform Members of the Legislative Assembly that we have made significant progress towards the establishment of the protected area with the negotiation of a draft establishment agreement between the Government of the Northwest Territories and the Lutselk'e Dene First Nation.

The chief and council for Lutselk'e have authorized a ratification vote for the general membership to take place on February 18, 2019. We are hopeful for a positive outcome of this vote, which will continue to move us towards our goal of having a signed establishment agreement.

A completed establishment agreement between the Lutselk'e Dene First Nation and the Government of the Northwest Territories is one of a number of agreements required to establish Thaidene Nene. That includes a Land Transfer Agreement with Parks Canada for the transfer of the approximately 14,000 square kilometres of land required to establish the National Park Reserve.

This session, our government intends to introduce a Protected Areas Act, which will be used to establish Thaidene Nene. This legislation will allow us to develop regulations for this protected area, based on the final Establishment Agreement.

Mr. Speaker, I can also advise the Legislative Assembly that we have taken significant strides toward establishing a Regional Management Body for Thaidene Nene that will include all Akaitcho communities, the Northwest Territory Metis Nation, Parks Canada, and the Government of the Northwest Territories.

More work still needs to be done to formalize this arrangement and conclude agreements with other Indigenous governments and organizations, but the negotiation of a draft Establishment Agreement with the Lutselk'e Dene First Nation is a significant milestone in the long journey toward establishing Thaidene Nene.

I would like to recognize the efforts of everyone involved in helping to advance the finalization of this important initiative, and I look forward to keeping Members apprised of the progress. Thank you, Mr. Speaker.

Members' Statements

Member's statement on Gwich'in Cup and First Annual Trapper Blake Memorial Hockey Tournaments

Good morning, Mr. Speaker. Mr. Speaker, I would like to point out two significant events happening this weekend in the Mackenzie Delta and lnuvik Region.

First, let me mention hockey players. As many as 300 youth ages 4 to 17 will flock to Inuvik both yesterday and today to participate in the Annual Gwich'in Cup. This event is held each March and has six divisions and welcomes all youth. Teams are made up on registration numbers; players are put on teams not by community, but by age. The weekend hockey competition and skills takes place today, Friday, right through to Sunday.

Mr. Speaker, I would like to thank the Inuvik Minor Hockey Association for organizing the event, and also the Gwich'in Tribal Council for generously supporting financially.

Young hockey players from the entire region look forward to this weekend. Good luck to each of the players participating this weekend in the Gwich'in Cup.

Mr. Speaker, the other event happening in Fort McPherson is the 1st Annual Trapper Blake Memorial Hockey Tournament. This event is honouring the late Alan Blake Jr., also known as "Trapper," who lost his life tragically last February. He was the captain of his hockey team, the LJ Sabres. He took pride in playing competitive hockey and was always encouraging others to get out and play.

Teams will gather in Fort McPherson to pay tribute to Trapper, someone who lost his life at such a young age, 22 years young, lived a healthy lifestyle, and friends with everyone who crossed his path.

Four hockey teams from the Region will compete in the 1st Trapper Blake Memorial Hockey Tournament.

Mr. Speaker, congratulations to all the hockey players this weekend. Good luck and have fun. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Members' statements. Member for Yellowknife North.

Member's Statement on Land Rights Agreements

Thank you, Mr. Speaker. Mr. Speaker, one of the most important and far-reaching mandate commitments the 18th Assembly agreed on when we started out was the commitment to resolve land rights agreements. When Members on this side have raised this commitment with the Premier, we have been told that progress is being made, that he remains confident that these discussions can be resolved in the life of the 18th Assembly.

Mr. Speaker, the clock is ticking. The 18th Assembly is in its final months, and to date, we have the Premier's confidence, but not much else.

Mr. Speaker, the fair resolution of land rights discussions may be the most pressing thing on our list. Our other priorities cannot be advanced until land rights are resolved. Certainty is essential in order to achieve our mandate of economic growth. It is necessary to achieve our goals in health, social justice, and education. It is necessary to support small business, develop renewable energy, and minimize our carbon footprint. All of these crucial priorities depend on the successful and fair resolution of land rights.

These questions have a direct impact in my riding of Yellowknife North. How do we determine the distinction between traditional indigenous land use and unauthorized squatting? How do we reassure born-and-raised Northerners we are seeking fee simple ownership of their homes? How do we respond to the interests of the burgeoning tourism industry when lands are frozen? How do we move forward with the Yellowknife Periphery Recreational Land Use plan?

As of today, with just months left in the 18th Assembly, the answer is: we don't know.

With certainty on land and rights and self-government in place, communities and regions will be able to establish their own priorities, develop their own economies, and employ their own people. Our system of governance must support and empower Indigenous governments with responsibility and authority for self-determination. This will allow communities to flourish and grow on their own terms.

Mr. Speaker, it remains my sincere hope that, in this Assembly, we can take this important step forward and create a lasting legacy of fairness and certainty. Only with that certainty can we move ahead as Northerners together. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Members' statements. Member for Yellowknife Centre.

Member's Statement on Tribute to Search and Rescue Technicians

Mahsi, Mr. Speaker. Mr. Speaker, I rise today to applaud the outstanding efforts of the search and rescue technicians of the 435 Transport and Rescue Squadron based in Winnipeg. The efforts these search and rescue technicians, often called SAR techs, made to reach the site of the downed Air Tindi plane last week was heroic. This is what I have pieced together about their actions from news reports.

Air Tindi dispatched a charter flight to Whati in the morning of January 30 and lost contact with the two pilots just as the sun rose. Soon afterwards, the company called the Joint Rescue Co-ordination Centre in Trenton, Ontario, for help. Staff there dispatched 435 Squadron from Winnipeg and they arrived in the late afternoon.

Mr. Speaker, last Wednesday, as you may recall, was a cold day in Yellowknife, with poor visibility and blowing snow, but searchers in the air were able to find what they thought was the crash site just west of Marion Lake. Search and rescue technicians parachuted out of the Hercules aircraft carrying overnight survival kits and medical supplies.

It took six to eight hours for the SAR techs to make their way from their landing to the crash site, wading through chest-deep snow. The Hercules provided light so they could see what they were doing. The overnight low in the area was minus 24, with a wind chill that made it feel like minus 33. The techs arrived at the site during the night and were able to confirm the downed plane belonged to Air Tindi and that the pilots had died. By midday, with their work done, the SAR techs were picked up and brought back into Yellowknife. It's important to note that the SAR techs worked with support from the crew in the Hercules, the Canadian Rangers from Behchoko, and Air Tindi.

Mr. Speaker, most of us have experienced flying in small planes to reach distant and remote communities. We depend on companies like Air Tindi to get us there safely, and 99.9 percent of the time, that's what happens, but as Northerners, we know that accidents are a reality. When they happen, we depend on search and rescue technicians, the people who are willing to jump out of a plane on a dark and stormy night to see if they can help. I am grateful to 435 Squadron and our own 440 Squadron for their efforts last week and every time they are called on. Mahsi.

Speaker: MR. SPEAKER

Masi. Members' statements. Member for Frame Lake.

Member's Statement on Taltson Project Expansion

Merci, Monsieur le President. On January 23rd, federal and territorial governments announced funding for the Taltson Hydro Expansion projects. There is $480,000 from Canada to support feasibility and engineering work for the expansion and $620,000 to support Indigenous engagement. Our government will have to come up with $120,000 for the feasibility and engineering work. It's not clear who will actually receive the money, when, and whether this is old money or new.

Hydro-electricity is not necessarily green energy. There are impacts on water quality, aquatic life, release of greenhouse gases, mercury, and to people, as well. After 30 years of operation, there is still a public health advisory in place due to mercury contamination of lake trout in Nonacho Lake, the headwaters of the Taltson system. The honourable Member from Tu Nedhe-Wiilideh has described the adverse impacts from the construction and operation of the Taltson system.

Cabinet's current plans for Taltson expansion will concentrate most of our energy efforts into one mega-project. This will take away money from small community energy projects where the cost of living is very high already. Getting those communities on renewables would reduce energy costs for everyone in the Northwest Territories. Large hydro projects have a very poor track record of delivering power on time and at predicted costs. Consider the current Commission of Inquiry respecting the Muskrat Falls Project and the huge cost overruns for Site C on the Peace River.

Why has there been no serious evaluation of other energy options outside the Taltson expansion? With no buyers, no funding, and no business plan, Taltson hydro is not the answer to our energy needs. Existing excess power at Taltson should be used to build the regional economy on the south side of the lake by powering electric vehicles and heating homes and businesses.

There are alternatives to Taltson. Building local and household energy self-sufficiency should be the direction we move in. Much better would be a comprehensive program for heating and transportation, as well as electricity production. Energy efficient retrofits and conversion of all homes and buildings to wood-pellet heating would cost less, reduce more greenhouse gas emissions, create more local employment, and actually reduce the cost of living and doing business and improving our housing situation. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Members' statements. Member for Tu Nedhe-Wiilideh.

Member's Statement on Health Information Privacy Breaches

Marci cho, Mr. Speaker. Mr. Speaker, today I would like to talk about my concerns regarding the increasing list of data and information breaches that have occurred within the Department of Health and Social Services over the last nine years. Since 2010, there have been at least 10 known instances of significant breaches regarding privacy and personal patient information contained within the GNWT's Department of Health and Social Services. The types of breaches vary, but in each case has nevertheless resulted in patient information being compromised in some way.

The first two breaches, Mr. Speaker, consisted of a series of faxes containing highly personal medical information being sent to incorrect recipients. Breach three, Mr. Speaker, was identified in April 2013 by the Territorial Privacy Commissioner for incorrectly storing patient health records in their data systems. Breach number four occurred in July 2014, where a total of 195 healthcare cards were mailed to the incorrect mailing address.

Mr. Speaker, I can go on to identify each case, but others include:

One patient's psychiatric assessment being ill-advisedly sent to her employer;

A doctor losing an unencrypted USB drive that had health information for at least 4,000 patients;

A discovery that several staffers at a hospital were unfittingly accessing patient health records;

Irregularities found within the referral paperwork of a health authority;

An unencrypted laptop which contained health records from more than 33,000 NWT residents was stolen from a car in Ottawa; and

A man found a banker's box filled with hundreds of confidential patient records.

Mr. Speaker, this is a growing list of privacy breaches. This growing list of privacy breaches is extremely concerning. According to this list, there are at least 38,000 people whose information and privacy was breached in some way. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Members' statements. Member for Kam Lake.

Member's Statement on Celebration of Life of Michael Ferguson, former Auditor General of Canada

Mr. Speaker, it is with heartfelt sorrow that I rise today to pay my respects to Michael Ferguson. Mr. Ferguson passed away at the age of 60 after a prolonged battle with cancer.

I worked very closely with Mr. Ferguson, or Mike as he was affectionately known, in his role as the auditor general for the NWT and for Canada. He upheld his responsibilities to the people of the Northwest Territories and all Canadians with integrity, honesty, and passion. His dedication to transparency and accountability, in these times where it is harder and harder to know what is "really real," was and still is a guiding light for me as a public servant.

Mike worked tirelessly to ensure that the people whom he served received the best possible services from their governments, all while cutting through the spin to ensure that those governments were meeting the guidelines, milestones, and conditions they publicly set for themselves.

On a more personal level, Mike was a warm, kind, compassionate, and down-to-earth man with a wonderful sense of humour. He will be greatly missed by all. My thoughts and condolences are with his family, friends, and loved ones. I will remember him fondly, and try my best to honour his memory.

Rest in peace, my friend. You, your work, your presence, and your laughter will all be sorely missed, but rest assured that you and your contributions to our democracy will never be forgotten. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Our condolences to the family members, as well. Members' statements. Member for Nahendeh.

Member's Statement on Eulogy for Rozsika Tsetso

Thank you, Mr. Speaker. Mr. Speaker, Rozsika Tsetso was born in Fort Simpson on September 11, 1983, to Alice Dolly Cazon and Edward Lafferty. She was raised and lived her whole life in Fort Simpson. She passed away on January 8, 2019.

When people spoke about Rozsika, they remembered spending time together and her stories, the stories that consistently revealed her absolutely bottomless love for her sons Demerius and Zolton, her parents, brothers, sisters, and indeed all of her family and friends.

Her mother, Dolly, tells stories of her daughter as a mischievous child always having the maximum amount of fun possible with her friends, and as Rozsika became a young woman, the tender moments they shared when she came home to touch base with her mother.

Her family talked about how Rozsika was a rough-and-tumble girl in her childhood, often playing and keeping up with the boys. This did not come as a surprise for people, and it served her well when she joined the Canadian Rangers in 2005.

During her career with the first Canadian Ranger Patrol Group, Rozsika served in Operation Nanook, Operation Nunakput, and on many local area Type 1 and Type 2 exercises. In March of 2011, Rozsika took top shot for the Fort Simpson Ranger Patrol, the first and only female to accomplish this.

During the local exercises, Rozsika would put her all into every task assigned to her, and when she would see others begin to tire, she would bring out that smile, that huge smile, the one that would reassure that, no matter how hard the task, we were going to have fun accomplishing it. Rozsika could turn hard work into play.

Rozsika could always find something to giggle about, and those giggles were infectious. Everybody looked forward to the uncontrollable and embarrassing belly laughs that followed.

Most notably in her Ranger career, Rozsika served at Operation Nanook in Resolute Bay where First Air flight 6560 crashed. When this happened, Rozsika volunteered for the most difficult of tasks. Over the course of four days and nights, Rozsika did this work with poise and persistence. As a young woman, Rozsika showed great maturity during this time, and as always, she maintained her ability to lift the team's spirits with her love and laughter.

She was survived by her father, Ernest Tsetso, Sr., mother, six brothers, three sisters, and her two sons.

The Cazon and Tsetso families would like to take this moment to thank their friends, family, and community to our beloved Rozsika for their kind words and support during this time.

Recognition of Visitors in the Gallery

Thank you, Mr. Speaker. Mr. Speaker, I rise today to recognize interpreters from Tu Nedhe-Wiilideh. I'd like to recognize Tommy Unka, who will be interpreting the Chipewyan language for the entire sitting, and Maro Sundberg, who will be interpreting in Tlicho and Wiilideh language. Thank you.

Speaker: MR. SPEAKER

Masi. Recognition of visitors in the gallery. Member for Yellowknife North.

Thank you, Mr. Speaker. Mr. Speaker, I'd like to recognize and welcome a resident of Yellowknife North and president of Local 11, Frank Walsh. Thank you for being here.

Speaker: MR. SPEAKER

Recognition of visitors in the gallery. Member for Inuvik Boot Lake.

Thank you, Mr. Speaker. I would like to recognize one of our translators who has been here all week, Ms. Lillian Elias, who has been a very strong advocate for Indigenous languages as well as culture in Inuvik and throughout the Northwest Territories. Once again, I would like to welcome and recognize two Pages of mine, Corbin and Aeva Grace Dempster. Thank you for all the hard work that you guys have done for we Members in the Legislative Assembly this week. Mahsi.

Oral Questions

Question 530-18(3): Raising the Northwest Territories Debt Limit

Thank you, Mr. Speaker. Mr. Speaker, in the CBC news article, "NWT in Talks to Raise Debt Limit As Budget Projects Slight Deficit," published on February 6th of this year, the finance Minister has indicated that he has reached out to his federal counterpart and begun discussions on raising the debt limit. Can the Minister offer more details on what is happening in these discussions? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Minister of Finance.

Thank you, Mr. Speaker. Mr. Speaker, I have had initial discussions with Minister Morneau on our debt limit, and we have not gone very deeply into discussion yet. I did indicate to him that it is our desire to sit with him and his officials and actually start the discussions of raising our debt limit. He was receptive to that, so we are just looking at time when we can actually sit down and have that conversation.

So I think I am hearing it's fair to characterize this as early stages of discussions. When is the Minister going to involve this side of the House in those discussions? It would be nice to know what's driving this, what our fiscal needs are, and what he is asking his federal counterpart for. Can the Minister let us know when we are going to be involved in those discussions?

Through a number of the briefings we have had with committees on our financial situation and the desire if we were to take on larger projects, well, the challenge we would be faced with our current debt limit, given that initial, but I do commit to Members, something as important as this, obviously I will be keeping the Members up to date. If there is a desire from the Members to have the Minister sit with them before I go and have my discussions with the federal Finance Minister and seek their input and advice, I would be glad to do that.

Thank you to the Minister for that commitment. It's very much appreciated. I wonder if these talks are going to dovetail with the territorial financing formula discussions that are upcoming. Can the Minister provide any clarity on that?

Any opportunity we have to raise the discussion on the territorial formula financing with our federal counterpart is one we take advantage of. If there is an opportunity during our discussions to that, the debt limit will have no effect on the territorial formula financing. That is kind of a separate discussion, but we use every opportunity in our discussions with Ottawa to raise our need for the funding for the Northwest Territories.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Kam Lake.

Thank you, Mr. Speaker, and I appreciate that these are separate topics, but they are somewhat intrinsically linked. You either have money to spend or money to spend through borrowing. If we are not getting it from TFF, then we are going to have to raise taxes. Obviously, 45,000 people cannot exactly bear that burden or provide the government with the resources it needs to take on these projects, so is the Minister willing to bring TFF into this conversation? I am fine with either approach, but we need a strategy to get these projects done.

Any opportunity we have to bring more money into the Northwest Territories without having to go on the backs of our hardworking employees of all sectors in the Northwest Territories and raise taxes, I think we have done a good job in the last three years. I made it quite clear from day one that we have not raised personal income tax in the Northwest Territories because we do know that our residents are challenged as it is with the high cost of living, especially in a lot of the smaller communities, so we do not want to add further burden. However, if we are able to have that discussion with Ottawa and talk about an increase to our TFF so we were able to have the money to still deliver a lot of the programs and job-creating opportunities we have, then I will take advantage of it. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Frame Lake.

Question 531-18(3): Taltson Project Expansion

Merci, Monsieur le President. My questions are for the Minister of Infrastructure. The Minister, along with his federal counterpart, recently announced $1.2 million for the expansion of Taltson hydro. This House approved a capital budget for 2019-2020 in the fall. Can the Minister explain whether the funding announced recently is actually new money or what is already in the capital budget for 2019-2020? Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Minister of Infrastructure.