Debates of February 10, 2020 (day 4)

Date
February
10
2020
Session
19th Assembly, 2nd Session
Day
4
Members Present
Hon. Frederick Blake, Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Ms. Green, Mr. Jacobson, Mr. Johnson, Mr. Lafferty, Ms. Martselos, Hon. Katrina Nokleby, Mr. Norn, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Diane Thom, Hon. Shane Thompson, Hon. Caroline Wawzonek
Statements

Masi, Mr. Speaker. I would just like to follow up on the question from the Kam Lake Member. Mr. Speaker, it is troubling that the Minister of Education, Culture and Employment played no role in the recent Aurora College president dismissal and that, in fact, he was not consulted. The Minister admitted publicly. There is a lot of confusion on this side of the House and from the public, and the public wants answers.

Mr. Speaker, this raises concerns regarding the legal propriety of the president's termination. I would like to refer back to the Aurora College Act, which has authority over the hiring and firing of the president exclusively with the Minister responsible for the college and not the Premier, section 19 of the act. Mr. Speaker, the first question I have is: we have so many acts here in the Northwest Territories passed in this House by Members of the Legislative Assembly. One of them happens to be the Aurora College Act. Mr. Speaker, once these acts are passed in the House, doesn't it become law that we follow as the Government of the Northwest Territories?

Speaker: MR. SPEAKER

Thank you, Member for Monfwi. Honourable Premier.

Thank you, Mr. Speaker. I would like to offer to maybe sit with the Member after and look at the interpretation because my interpretation of the Aurora College Act does not say that the Minister is responsible for hiring and firing. My interpretation of the Aurora College Act says that the Minister is responsible for "appointing" a president, different terminology. It does not say "firing," at all, or "terminating."

As I stated earlier, there are many positions. The employment contract of an associate deputy minister or a deputy minister remain with the Premier. There are many departments across that actually will appoint statutory appointments that are not responsible for the employment contract. No Minister that I know of, except for hiring their secretaries or their special advisors, they do not hire employees into the public service. However, once people are hired into the public service, that Minister may appoint people that are in the public service to statutory positions. Again, that Minister is not responsible for the employment contract. The employment contract is under the department's perusal within that. Thank you, Mr. Speaker.

In my eyes, this is a law that we follow in this House and also out of this House, as government. Section 19.1 of the Aurora College Act: "The Minister shall, in consultation with the board, appoint a president of Aurora College." So, when a former Minister appointed the president, there was no call to the board. Was that legit? But that is another discussion, another topic of the day because we are beyond that. With this act, it clearly states that the Minister responsible shall appoint with consultation for the board. I just want to make the process clear. Why did the Premier overstep her authority by dismissing the president of Aurora College when it is, in fact, the law it is Minister's job, Minister of Education, Culture and Employment, to do so?

Again, I think it might be a communications issue. At no time have I broken the law. In fact, we have had more legal opinions on this than not. The Premier is responsible for hiring and terminating associate deputy ministers and deputy ministers. Appointments to positions are not contingent on the Minister having to hire or terminate. There are many statutory positions that the Minister is not responsible for hiring. In fact, very few positions can a Minister hire for. We are blending in two things that should not be blended.

Just going forward with the process itself, if the Premier of the day can overstep the decision of the education Minister, what is stopping her from doing so with other departments, other statutes that are before us? Again, I have to remind this House that we are dealing with the law that we passed in this House with sitting Legislative Assembly Members. This is a very critical issue that we have to be clear for the public. I am still confused with the process because there is a Minister here, and the Premier makes a decision over top of the Minister responsible for Aurora College to deliver those under her act.

Again, I have not broken the law. There is a clear separation between employment contracts and statutory appointments. The Minister did say in this House and publicly, that there were discussions, and there were discussions. The decision of how that came about, the Minister was not part of; that was mine, but there were discussions. Nothing was done in isolation.

Speaker: MR. SPEAKER

Thank you, Honourable Premier. Final supplementary, Member for Monfwi.

Masi, Mr. Speaker. There might have been a discussion, but the decision to overrule the Minister's authority is in question in this House. Section 19.1, "Minister shall, in consultation with the board, appoint the president of Aurora College." Clearly, it lays out, Mr. Speaker, and here, we have a Premier that came down to say, "I don't like this. We are going to change this." There are other statutes, other committees, other organizations, departments that are in a similar boat. Are we going to go to allow the Premier to call the shots at the end of the day to say if she likes it or not? The Ministers are given authority to appoint or dismiss.

Mr. Speaker, I am still confused with the whole process, and I am not happy with what happened, the process itself, if I were given authority to the Ministers, six Ministers, to operate their department according to the act that we have in place. That doesn't seem to be the case. I am kind of worried and concerned in that area. With that, Mr. Speaker, I just want to lay it out because the public needs to know the process itself. Masi.

Thank you, Mr. Speaker. Again, discussions were had. This wasn't made on my own. It was a decision that I made. I hire. I terminate. That is done on my authority, but there is consultation that happened within that. I must also point out when people are appointed into positions such as boards, presidents, et cetera, that the Minister doesn't hire for but appoints, the Minister also has a time after that. There is usually a 60-day period that you can actually revoke those board appointments or presidents, et cetera. The termination of an employee or board member, et cetera, does not necessarily mean that you have to wait until they are revoked from their position as a board member. If that was the case, we would have board members throughout the Northwest Territories that would actually be having to get honorariums, paycheques, after their termination. The termination is separate than the appointment. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Honourable Premier. Oral questions. Member for Hay River South.

Question 42-19(2): Northwest Territories Housing Corporation Support for Soaring Eagle Friendship Centre

Thank you, Mr. Speaker. This question is for the Minister of the NWT Housing Corporation. Currently, the NWT Housing Corporation has $43 million sitting in investment earning 1.5 to 2.5 percent. This is from their audit last year. They show a surplus of $26 million. I am going to ask the Minister, and I know she will say "yes" to this. Will the Minister commit to providing the Soaring Eagles Friendship Centre with financial support to develop a comprehensive proposal to establish a men's shelter in Hay River? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Hay River South. Minister responsible for the Northwest Territories Housing Corporation.

Thank you, Mr. Speaker. Thank you, Member for your question. The $26 million that is in our Northwest Territories Housing Corporation is actually for the 47 units, RCMP units that we will be constructing this year. We will be putting those out for tender in the next couple of months. Looking at the Soaring Eagles Friendship Centre, I would like to see a business plan going forward and seeing how we can assist them, and what we can do to support them. Thank you, Member. Thank you, Speaker.

Thank you, Member. Please encourage them to submit their business plan, and we will work with them going forward. Thank you, Member.

Speaker: MR. SPEAKER

Thank you, Minister. Member for Hay River South. Oral questions. A lot of interest here today. We have four more to go. Member for Kam Lake.

Question 43-19(2): Modernization of the Public Service Act

Thank you, Mr. Speaker. During our December sitting, I was pleased when the Minister of Finance affirmed her commitment to the modernization of a Public Service Act. I am wondering if the Minister could please provide us with an update. Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. Minister of Finance.

Thank you, Mr. Speaker. First and foremost, one of the most important parts for the Department of Finance in this regard is to ensure the relationship that we have with the unions, the UNW, and the NWT Teachers' Association. That, certainly, has been part and parcel of going forward with those plans to ensure that we are engaged with them, and that they are also aware of any steps that are being taken with respect to the Public Service Act.

In addition to which, this certainly is something that has been worked on extensively in the department over the last couple of months and is continuing through that process. It has already come through to Cabinet, and that is a decision now that Cabinet has an opportunity to look at. I am hopeful that it will continue through the various processes of this House and that the Member will get a more fulsome update in fairly short order but still in due course and keeping in mind the way that things have to make their way through this House. Thank you, Mr. Speaker.

In appreciating the processes that have to happen, can the Minister provide us with an expected timeline of when we might see that?

I think the next step is that a matter will come to Cabinet, and after, it will, I am sure, receive a thorough review at this stage. Depending on what comes to Cabinet, then it goes forward into the process. As far as a timeline, I would think, at this point, we are expecting a next step over in Cabinet within the next month or two, keeping in mind that the Department of Finance also involves preparing the budget and that people are fairly flat-out in that regard. I am tempted to say the spring. We will know one way or the other where the winds will blow. That is probably the best I can give to the House at this time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Inuvik Twin Lakes.

Question 44-19(2): Provision of RCMP Housing

Thank you, Mr. Speaker. I just want to add a couple more questions onto what the Member for Nunakput was asking the Minister responsible for the NWT Housing Corporation. Can the Minister let me know if these 17 units are going to be all put out for public tender? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Inuvik Twin Lakes.

Thank you, Mr. Speaker. Thank you, Member, for your comments. Yes, they will be put out for public tender in the next two months. Thank you.

Knowing the people that work in my community, we have a mixture of stick-built, and we have modular builders in our community. Will that be part of the package being put out so it allows for them to also get work for both?

Thank you, Member, for your comments. The units that will be constructed, they will be stick-built, and I am looking at the education and training to go along with those units and the opportunity for the surrounding communities within the tax-base communities, as well, and looking at the education and training to be building the units and also the maintenance aspect of it, as well. It is going to increase our services that we are going to have to be offering at those community levels. Going forward, the opportunity will create employment, which is what we are working towards. Thank you, Member.

In the mandate, there are 25 units per year for the next four years. Would the Minister be able to let me know if any of those units would be considered to have modular build? Like I said, we do have that capacity in our community.

Thank you, Member, for your comments. The Northwest Territories Housing Corporation is encouraged to create employment within the communities. Looking at the design that we have created for the RCMP units and looking at the education and training for those units, I am looking at going forward to providing those services in the smaller communities. Elaborating on it a little bit more, I really want to emphasize that the opportunity that these units are going to be providing, looking at the modular units that are coming forward, they would be constructed very quickly, very fast. With the stick-built units, I know they are just a little bit more expensive than just putting the modular units on the ground. There is no plan to construct the modular units at this time.

We are forecasting looking at building the stick-built units with the design that was created between the federal government and the Northwest Territories Housing Corporation, looking at the environment and really mindful of the permafrost, at the environment that we will be constructing in, as well. There has been put forward a lot of thought into this project. There are 47 units going across the Northwest Territories. Going forward, I would like to elaborate on it a little bit more and keep the Members updated on when these units will be constructed and when they would be put out for tender. Thank you, Member.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary, Member for Inuvik Twin Lakes.

Thank you, Mr. Speaker. Would the Minister commit to, maybe even when visiting my community, coming to meet with the company that does construct these units and maybe even come and see one when they are in my region? I think there is one in Tuktoyaktuk if I am not mistaken, and there are other ones in Norman Wells, as well. Thank you, Mr. Speaker.

Thank you, Member, for your comments. Yes, I will commit to coming into your riding and taking a look at these units as I am very eager, very excited to see how these public tenders and these projects are going to pan out. I am very interested in looking at the local hired, how many people we have employed within that, within your riding. Thank you, Member. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Time for question period has expired. Member for Nunakput.

Thank you, Mr. Speaker. I am asking to go back to oral questions on the orders of the day. Thank you.

Speaker: MR. SPEAKER

Thank you. The Member is seeking unanimous consent to go back to orders of the day number 7, oral questions.

---Unanimous consent denied

Speaker: MR. SPEAKER

Number 8, written questions. Member for Monfwi.

Mr. Speaker, I seek unanimous consent to return to item number 7 of the orders of the day. Masi.

Tabling of Documents

Document 15-19(2): Lutsel K'e Dene First Nation's Caribou Stewardship Plan

Mahsi, Mr. Speaker. Further to my comments from my Member's statement on February 6, 2020, I wish to table the Lutsel K'e Dene First Nation's caribou stewardship plan. It is titled "Yunethe Xa Etthen Hadi." Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Tu Nedhe-Wiilideh. Tabling of documents. Item 15, notices of motion. Member for Monfwi.

Masi, Mr. Speaker. I seek unanimous consent to return to item number 7 on the orders of the day. Masi.

---Unanimous consent denied

Speaker: MR. SPEAKER

Notices of motion. Item 16, motions. Item 17, notices of motion for first reading of bills. 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. Item 21, report of Committee of the Whole. Item 22, third reading of bills. Mr. Clerk, orders of the day.

Speaker: Mr. Mercer

Orders of the day for Tuesday, February 11, 2020, at 1:30 p.m.:

Prayer

Ministers' Statements

Members' Statements

Recognition of Visitors in the Gallery

Reports of Committees on the Review of Bills

Reports of Standing and Special Committees

Returns to Oral Questions

Acknowledgements

Oral Questions

Written Questions

Returns to Written Questions

Replies to Commissioner's Address

Petitions

Tabling of Documents

Notices of Motion

Motions

Notices of Motion for First Reading of Bills

First Reading of Bills

Second Reading of Bills

Consideration in Committee of the Whole of Bills and Other Matters

Report of Committee of the Whole

Third Reading of Bills

Orders of the Day

Speaker: MR. SPEAKER

Thank you, Mr. Clerk. This House is adjourned until Tuesday, February 11, 2020, at 1:30 p.m. Thank you.

---ADJOURNMENT

The House adjourned at 3:12 p.m.