As per the conversation yesterday with the Minister of Finance, he is in charge of the fibre line, but, as maybe the Member is not quite aware of, the table that I am responsible for with Minister Bains is that we have allocated money, or the federal government has allocated money through our discussions, to support rural communities with infrastructure to have Internet across Canada; 50 up, 10 down. That's the federal government's responsibility. They're working on that. They've allocated, I believe, some money to do that in the North in rural and remote communities. As the Finance Minister said yesterday, our responsibility is the line, and maybe bring it as far as the communities, particularly for our own use, but we are not in the business of supplying Internet. The Member didn't even like when we bought MTS, so we don't want to be an Internet provider. We'll let the private businesses handle that, but our table for sure with Minister Bains is well aware of this situation across Canada.
A lot of people don't even realize that a lot of rural and remote communities in northern provinces don't have any Internet, and the challenges that they have, similar to what Nunavut has. Every one of our communities does have Internet, but what we're trying to do as a table with the FPT table is bring 50 up, 10 down for everybody. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Your Standing Committee on Economic Development and Environment is pleased to provide its report on Bill 25: An Act to Amend the Workers' Compensation Act. Mr. Speaker, I move, seconded by the honourable Member for Sahtu, that Committee Report 28-18(3): Standing Committee on Economic Development and Environment Report on the Review of Bill 25: An Act to Amend the Workers' Compensation Act be deemed read and printed into Hansard in its entirety. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed? Motion carried.
---Carried
Masi. Reports of standing and special committees. Member for Yellowknife North.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Sahtu, that Committee Report 28-18(3): Standing Committee on Economic Development and Environment Report on Bill 25: An Act to Amend the Workers' Compensation Act be received by this Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
Standing Committee on Economic Development and Environment Report on Bill 25 is now moved to Committee of the Whole for further consideration. Reports of standing and special committee. Member for Yellowknife North.
Thank you, Mr. Speaker. I seek unanimous consent to waive rule 100(4) and to have Committee Report 28-18(3), Standing Committee on Economic Development and Environment Report on the Review of Bill 25: An Act to Amend the Workers' Compensation Act moved into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.
Masi. The Member is seeking unanimous consent to waive rule 100(4) to have Committee Report 28-18(3), Report on Bill 25, moved into Committee of the Whole for consideration later today.
---Unanimous consent granted
Committee Report 28-18(3), Bill 25, is now moved into Committee of the Whole for consideration later today. Reports of standing and special committees. Member for Frame Lake.
Merci, Monsieur le President. I seek --
Thank you, Mr. Speaker. Your Standing Committee on Economic Development and Environment is pleased to provide its Report on the Perception Held by Northern Businesses Toward the Government of the Northwest Territories Procurement Processes.
The Standing Committee of Economic Development and Environment is pleased to present this report as a contribution to the building and strengthening of a professional public procurement system.
Based on the concerns heard from Northwest Territories (NWT) business owners and operators, committee undertook a confidential survey asking businesses for their opinion and input on various types of procurement. Committee received responses from businesses of all sizes, representing a wide variety of industry sectors from the Beaufort Delta, North Slave, and South Slave regions of the NWT.
Presented in this report are findings and key recommendations from submissions made by 19 companies over a three-week period during August 2018. Ensuring that respondents and their answers remain confidential, feedback has been combined and analysed to produce a clear synopsis of what businesses said about the Government of the Northwest Territories' sourcing and procurement systems. The issues and recommendations made by companies are presented in this report.
The survey results indicate that the current government procurement system would benefit from several improvements to meet the goal of strengthening businesses in the territories.
Conflicting policies and practices are key concerns of business. The Business Incentive Policy is the government's policy applying to procurement contracts entered into directly with the government. The purpose of this policy is to encourage and support the development of a healthy private sector and to ensure, particularly in the smaller communities, that NWT businesses can be competitive with their southern counterparts.
Businesses note that the government's "lowest bid" rule and standing offer agreements may conflict with the intent of the Business Incentive Policy, which is to increase benefit to NWT companies.
Many comments received to the survey question whether the "low-bid criteria' is the appropriate criteria to be used by government to find the "best" bidder. The lowest bidder may not necessarily provide assurance that the project will be completed on time, and it may mean that additional contract amendments, and extra funds, may be required at a later stage in the project.
Collaboration between government and vendors is another key concern of business. Multiple local businesses felt disadvantaged in the competition for contracts with government, because they saw a limited understanding of the unique situation of northern businesses reflected in the government's invitations to tender. Businesses recommend that government communicate with northern companies during the planning stages of procurement to ensure that project specifications, requirements, and schedules consider the northern context in which businesses operate in the Northwest Territories.
Committee received considerable feedback to questions on different types of procurement and a large number of recommendations. The responses show that NWT business concerns are focused on four key themes.
Increase consistency, clarity and transparency in the procurement system
Businesses indicate they have a good understanding of the tendering processes; however, their experience with government and their perception of quality of services varies greatly. Most vendors comment on issues with consistency of service, and clarity and transparency of the process. Businesses recommend that government:
Increase clarity of information on the e-procurement process;
Improve reliability of procurement system and online services;
Ensure procurement authorities are experienced, knowledgeable and have appropriate training;
Design for a third-party monitor, if preferable a non-government employee;
Provide annual reports on all tender activities; and
Conduct a third-party review of all sole source contracts on a three-year basis.
Attract local vendors more effectively
Businesses comment that, while the government seems willing to support NWT-based businesses, the existing tools do not achieve this goal. Several companies express that they do not receive enough support to be able to compete successfully against larger out-of-territory companies. Smaller businesses indicate they are in a disadvantaged position to compete with larger companies. Businesses recommend that government:
Include northern hire requirements into request for proposals and Public-Private Partnership agreements and contracts;
Allow businesses to know about opportunities under $25,000;
Divide large projects into smaller projects and RFPs to enable smaller companies to compete; and
Allow northern companies to compete by applying additional solutions, such as changes to the list of prerequisites, or for southern firms to have proof of joint venture agreements with northern firms.
Understand NWT business capabilities better
Businesses ask to increase communication between government and vendors and to provide opportunity for collaboration between northern industry and government. Businesses recommend that government:
Develop requests for proposals that reflect the project size;
Work with northern companies to know what northern business have to offer, before searching the Internet for products;
Encourage procurement officers to work closer with northern industry, obtain input from suppliers or other stakeholders when preparing tenders, and set more realistic timeframes for vendor responses; and
Ensure that Standing Offer Agreement practices align with the intent of the Business Incentive Policy.
Integrate mechanisms and services to contribute to the successful delivery of the contract
Businesses expressed concern about the government's departmental contract alignment, in particular when it is about updates to technical and sector-specific information and payment. Businesses recommend that government:
Offer to staff continued education of government policies relevant to procurement, such as the Business Incentive Policy and the Manufacturing Policy; and
Ensure for integration between departments to ensure timely payment of vendors.
Committee heard many concerns about the future of the NWT economy. A possible lack of future opportunities for government tender is believed to result in negative impacts on the health of the NWT companies. With the GNWT being the largest supplier of contracts in the territory, businesses expressed the desire for government to schedule tender releases in such a way that a steady stream of procurement is made available to NWT businesses. It will be important for GNWT to consider systematic approaches to avoid boom and bust cycles in any of the territories sectors.
Committee believes that the concerns raised by business may indicate the increasing risk of an uncertain business environment in the NWT. Therefore, committee impresses on the Government of the Northwest Territories to adopt an active, forward-looking, and a collaborative approach to public procurement.
Committee members suggest that the Department of Infrastructure verify with vendors, clients and other stakeholders the successful implementation of the new e-procurement system to enable alignment with recently developed policy directives, ongoing departmental restructuring initiatives, and changes in administrative and technological applications. Committee is of the view that a more comprehensive approach is required. Accordingly, committee makes the following recommendations:
The Standing Committee on Economic Development and Environment recommends that the GNWT establish a procurement advisory panel composed of members of industry, small business, procurement experts, and members of the public service. This panel should be guided by a clear terms of reference setting out the panel's role in providing regular advice to the government on how to improve procurement processes.
The Standing Committee on Economic Development and Environment recommends that the GNWT undertake a comprehensive public review of all procurement-related policies with the explicit direction to modernize government procurement processes, and to ensure that NWT businesses can benefit; and a healthy private sector is developed in the NWT taking into consideration concerns and issues raised in this report, along with the committee's recommendation.
Members of the committee would like to thank all who participated in the survey, for sharing their experiences and providing substantial recommendations. Thank you, Mr. Speaker.
Masi. Reports of Standing and Special Committees. Member for Yellowknife North.
Thank you, Mr. Speaker. I move, seconded by the Honourable Member for Sahtu, that Committee Report 29-18(3) be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
Committee Report 29-18(3) has now been deemed read and printed in Hansard in its entirety.
Masi. Member for Yellowknife North.
Thank you, Mr. Speaker. We're getting there. We're almost done. Thank you for your indulgence. Mr. Speaker, I move, seconded by the honourable Member for Sahtu, that Committee Report 29-18(3): Standing Committee on Economic Development and Environment Report on the Perceptions Held by Northern Businesses Toward the Government of the Northwest Territories' Procurement Processes be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
The Committee Report 29-18(3) is now moved to committee for further consideration later today. Reports of standing and special committees. Now we turn over to the Member for Frame Lake.
---Laughter
I feel like an eager beaver. Merci, Monsieur le President. Your Standing Committee on Rules and Procedures is pleased to provide its Report on the Review of Bill 56: An Act to Amend the Legislative Assembly and the Executive Council Act, No. 2, and the Draft Code of Conduct.
The Standing Committee on Rules and Procedures (committee) is pleased to report on its review of Bill 56: An Act to Amend the Legislative Assembly and Executive Council Act No. 2 and the Draft Code of Conduct for Members of the Legislative Assembly of the Northwest Territories.
The Draft Code of Conduct was tabled in the Legislative Assembly and referred to the committee on March 11, 2019. Bill 56 was given second reading in the Legislative Assembly and was referred to the Committee on June 4, 2019.
If adopted, the Draft Code of Conduct would replace the current Members' Conduct Guidelines as the rules that govern Members' behaviour. The Draft Code of Conduct includes an explanatory guide.
Bill 56 would amend the Legislative Assembly and Executive Council Act to:
modify the oath of office sworn by Members to include specific obligations;
clarify the conflict of interest regime in respect of Members and former Members;
require the adoption by the Legislative Assembly of a Code of Conduct that establishes standards for the conduct of Members;
require Members to comply with any Code of Conduct adopted;
create the Office of Integrity Commissioner to carry out the duties of the former Conflict of Interest Commissioner, as well as similar duties in relation to the Code of Conduct;
clarify the obligations of Members with respect to the receipt of gifts and personal benefits; and
correct inconsistencies and errors identified in the Act.
The Legislative Assembly adopted Motion 6-18(1) on December 17, 2015, which, among other things, referred the Members' Conduct Guidelines to the committee for a comprehensive and public review, including a thorough examination of conduct guidelines from other jurisdictions, both parliamentary and non-parliamentary organizations, all relevant legislation, and the Rules of the Legislative Assembly of the Northwest Territories.
The committee filed CR-2-18(2): Interim Report on the Review of Members' Conduct Guidelines on October 25, 2016. The purpose of the interim report was to outline useful information to support public discussion, consultation, and further research that would lead to recommendations for consideration by the Legislative Assembly
The committee filed its final report, CR-7-18(2): You Are Standing For Your People: Report on the Review of Members' Conduct Guidelines. This report included several recommendations, including:
changes to the oath of office sworn by Members of the Legislative Assembly;
the adoption of a Code of Conduct that included more specific and enforceable obligations;
the role of the Conflict of Interest Commissioner be expanded to include responsibility for receiving and investigating complaints respecting breaches of the Code of Conduct; and
the conflict of interest provisions of the Legislative Assembly and Executive Council Act No. 2 be publicly reviewed.
Bill 56 and the Draft Code of Conduct were developed at the direction of the Board of Management of the Legislative Assembly in response to these recommendations.
I'd like to turn the next part of the report over to the honourable Member for Tu Nedhe-Wiilideh. Mahsi, Mr. Speaker.
Masi. Member for Tu Nedhe-Wiilideh.
Marsi cho, Mr. Speaker.
The committee held public meetings in Fort Smith, Yellowknife, and Inuvik. At each public meeting, a presentation was made by committee staff outlining the proposed changes to Bill 56, and the contents of the Code of Conduct. Committee also publicly released a briefing note on Bill 56 and the Code of Conduct to make it easier for members of the public to review the material.
A number of individuals and organizations made submissions to the committee, either in person or via written submissions. Written submissions are attached as Appendix A.
Committee received comments from the following:
Alternatives North,
Arlene Hache,
Graham White, Professor Emeritus, University of Toronto,
Gwich'in Tribal Council,
Keith Sulzer,
Mark Bogan,
OpenNWT, and
Status of Women Council for the Northwest Territories.
The committee heard general support from presenters, and received several recommendations for improvement. The committee thanks every individual and organization who attended these meetings to share their views on Bill 56 and the Code of Conduct.
A clause-by-clause review of Bill 56 was held on Wednesday August 14, 2019. At the clause-by-clause review, 17 motions were passed, making amendments to the Bill as described in the next section. A copy of all of committee's motions is attached as Appendix B.
There were concerns that the transition period or "cooling-off" period for former Members was too short, and it was recommended the transition period for Regular Members be increased to one year for one term in office, and two years for Members who served as a Minister or Speaker in the 12 months prior to them ceasing to be a Member.
Committee considered these submissions carefully but chose not to recommend these changes. During the transition period, a Member who served as Speaker, Premier, or Minister in the 12 months before the dissolution of the Assembly or who served three or more terms as a Regular Member, cannot accept or hold a contract, employment, or an appointment from the GNWT or an organization in which they had significant official dealings with in the 12 months prior to them ceasing to be a Member.
Currently, the transition period for Regular Members is four months for each term in office, to a maximum of 12 months. Committee was concerned a longer transition period, particularly for Regular Members, would act as a barrier to people standing for election as MLA. It was noted that Regular Members do not play a direct decision-making role in day-to-day government functions, and, as such, a longer transition period was not necessary. Committee amended Bill 56 to make the transition period for Regular Members four months, regardless of the number of terms served, to remove a potential barrier to choosing to run for MLA, ensuring people do not face barriers to future employment in a public role.
Bill 56 changes the title of the Conflict of Interest Commissioner ("the Commissioner") to the Integrity Commissioner. The committee did hear some questions on the need for this name change. Committee noted that this recommendation came from the Commissioner and is consistent with the title used in Ontario and Nunavut. The committee concurred with the Commissioner's suggestion.
Mr. Speaker, I would now like to turn the reading over to the honourable Member for Thebacha. Thank you.
Masi. Member for Thebacha.
Thank you, Mr. Speaker.
Committee heard that the term "significant official dealings" should be defined to provide more clarity and to reflect the increased decision-making role of Ministers in the post-devolution environment. Committee considered this carefully and conducted a review of other jurisdictions in Canada and found that, in most jurisdictions where the terms "significant official dealings" and "official dealings" are used, they are undefined.
The committee consulted with the Commissioner on this point, and it was his recommendation that the term remains undefined to allow for a more contextual or case-by-case analysis, as each issue arises. The committee agreed with the Commissioner's advice. Recognizing the important role the Commissioner plays in interpreting and applying the act, committee passed a motion that would allow the Commissioner to make recommendations for changes to the act as part of their annual report.
In the act, a conflict of interest may arise where a Member, their spouse, or dependent child has a controlling interest in a corporation or similar organization. Committee heard submissions that the term "controlling interest" may not fully capture all situations where a Member may have a beneficial interest in a corporation or similar organization. It was recommended that "controlling interest" be replaced with the term and concept of "beneficial ownership" to bring it in line with current best practices and the Canada Business Corporations Act.
The committee accepted this recommendation and passed a number of motions to make this change throughout the Legislative Assembly and Executive Council Act. A motion was also passed to amend the bill to require that any Members report any beneficial ownership as part of their public disclosure statement filed with the Commissioner.
The Legislative Assembly and Executive Council Act provides that a Member may not accept a gift or personal benefit directly tied to their duties as a Member unless it is received as part of normal protocol or social obligations that accompany their office. Gifts or personal benefits over $400 become the property of the Legislative Assembly or Government of the Northwest Territories. Where gifts or personal benefits over $400 are received or the total value from one organization in one year exceeds $400, they must be reported to the Commissioner. Committee passed a motion that requires the value and description must be reported and included as part of a Members' annual disclosure statement.
While there was general support for the new oath of loyalty, concerns were raised about Members making a commitment to act in a manner that was consistent with the Northwest Territories Act as this was a piece of federal legislation and could in fact limit the ability of Members to push for changes to the role and powers of the Legislative Assembly. Committee agreed and passed a motion removing the reference to the Northwest Territories Act from the oath of loyalty.
Several presenters noted the need for increased accessibility to information that is made public under the Legislative Assembly and Executive Council Act. It was noted that Members' public disclosure statements are available publicly but are only accessible by hard copy in the library at the Legislative Assembly in Yellowknife. It was also noted that a number of documents that the Commissioner is required to produce are tabled in the Legislative Assembly, but a member of the public must know about these documents and then search through all tabled documents posted on the Assembly's web site.
Committee made a number of amendments to the bill to require that all of these documents be posted online on a registry to be made more publicly accessible. Further, the committee made the following recommendation.
The Standing Committee on Rules and Procedures recommends that the Legislative Assembly of the Northwest Territories create a separate section on its web site for the Integrity Commissioner and that all documents that must be posted on the register be located on this page.
Thank you, Mr. Speaker. I would like to turn this now over to the Member for Nahendeh. Thank you.
Masi. Member for Nahendeh.
Thank you, Mr. Speaker.
Several presenters felt that the language of the statement of commitment should be changed. It was felt that the use of language such as "our people" and "our land" implied a sense of ownership by Members or set Members on different level than residents of the Northwest Territories. Other presenters felt that the Indigenous cultures of the Northwest Territories should be better reflected in the statement of commitment. Committee accepted these recommendations and has proposed that the statement of commitment be adopted as follows:
As Members of the Legislative Assembly of the Northwest Territories, we acknowledge that we have accepted a responsibility to serve the people of the Northwest Territories. We seek wisdom, strength, courage, honesty, and compassion from the people of the North, both from those who have built our past and from those who are shaping our future. As legislators elected to govern the Northwest Territories, we will do our utmost to:
Hear the voices of all that live in the Northwest Territories;
Preserve Indigenous traditional knowledge, languages, and the traditions of the various cultures and bridge them with new ways to build a better future for people in the Northwest Territories;
Provide legislation, policies, and services for the good of the people as individuals, families, and communities;
Promote the equality and equity of all people in the Northwest Territories;
Distribute resources fairly and justly; and
Respect and honour the land and all its inhabitants.
Committee heard some concern that the Code of Conduct was no longer written in a way that was personalized; for example using "we" instead of "I." Committee noted this concern, but also noted that where the Members' Conduct Guidelines were voluntary, and a Member agreed to be bound by them, the Code of Conduct will apply to all Members. However, in light of these concerns, the committee made the following recommendation:
The Standing Committee on Rules and Procedures recommends that the 19th Assembly have a public ceremony where each Member agrees to and signs the Code of Conduct.
Mr. Speaker, at this time, I would like to turn the reading back over to the honourable Member for Frame Lake. Thank you, Mr. Speaker.
Masi. Member for Frame Lake.
Merci, Monsieur le President.
Committee received one submission which expressed concern that the Access to Information and Protection of Privacy Act ("ATIPP") does not apply to Members. Committee noted that ATIPP does not apply to protect the parliamentary privileges of Members. Committee also noted that the Draft Code of Conduct expressly deals with the issue of privacy and requires Members to take appropriate steps to protect the confidentiality of any personal information, personal health information, or other confidential information that comes into their possession.
To reflect the concerns raised, and to assist Members in meeting this requirement of the Draft Code of Conduct, committee made the following recommendation:
The Standing Committee on Rules and Procedures recommends that all Members of the 19th Assembly receive privacy training to assist them in protecting the confidentiality of any personal information, personal health information, or other confidential information that comes into their possession.
The Draft Code of Conduct is intended to be a living document, and it may require changes in the future as it is applied to situations. The committee makes the following recommendation:
The Standing Committee on Rules and Procedures recommends that the 19th Assembly review the Code of Conduct to ensure it continues to meet the needs of the Assembly and residents.
Committee believes that it is important the residents of the Northwest Territories be aware of the changes to the Legislative Assembly and Executive Council Act and the new Code of Conduct, if adopted. Committee believes information on the code should be easily accessible and available in plain language. As a result, the committee made the following recommendation
The Standing Committee on Rules and Procedures recommends that, upon adoption of the new Code of Conduct and the coming into force of Bill 56, that a news release be distributed and plain language materials be posted to the Legislative Assembly website explaining the changes.
This concludes the committee’s report on the review of Bill 56 and the Draft Code of Conduct. Mahsi, Mr. Speaker.
I seek unanimous consent to waive rule 100(4) and have Committee Report 30-18(3), Standing Committee on Rules and Procedures Report on the Review of Bill 56, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, and the Draft Code of Conduct, received and moved into Committee of the Whole for consideration later today. Mahsi, Mr. Speaker.
Masi. The Member is seeking unanimous consent to waive rule 100(4) and have Committee Report 30-18(3): Report on the Review of Bill 56: An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, and the Draft Code of Conduct to move into Committee of the Whole for consideration later today.
---Unanimous consent granted
Thank you, Mr. Speaker. I wish to report to the Assembly that the Standing Committee on Economic Development and Environment has reviewed Bill 46, Public Land Act, and wishes to report that Bill 46 is now ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. I wish to table the following document entitled "Northwest Territories Waste Resource Management Strategy and Implementation Plan." Thank you, Mr. Speaker.
Masi. Tabling of documents. Member for Frame Lake.
Merci, Monsieur le President. I would like to table the following document. It's three pages excerpted from the Northwest Territories Association of Communities website. Mahsi, Mr. Speaker.
Masi. Tabling of documents. Item 15, notices of motion. Item 16, notices of motion for first reading of bills. Item 17, motions. Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Bill 25, An Act to Amend the Workers' Compensation Act; Bill 39, Environmental Rights Act; Bill 42, An Act to Amend the Petroleum Products Tax Act; Bill 43, An Act to Amend the Income Tax Act; Committee Report 26-18(3), Report on the Review of the Carbon Tax Bills: Bill 42: An Act to Amend the Petroleum Products Tax Act and Bill 43: An Act to Amend the Income Tax Act; Committee Report 28-18(3), Report on the Review of Bill 25, Act to Amend Workers' Compensation Act; Committee Report 30-18(3), Report on Bill 56, An Act to Amend the Legislative Assembly Act and Code of Conduct; Minister's Statement 151-18(3), New Federal Infrastructure Agreement; Minister's Statement 158-18(3), Developments in Early Childhood Programs and Services; Minister's Statement 211-18(3), Addressing the Caribou Crisis; and Tabled Document 442-18(3); 2030 NWT Climate Change Strategic Framework 2019-2023 Action Plan.
