Debates of June 3, 2020 (day 27)

Date
June
3
2020
Session
19th Assembly, 2nd Session
Day
27
Members Present
Hon. Frederick Blake Jr, 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
Topics
Statements
Speaker: MR. SPEAKER

Oral questions. Member for Inuvik Twin Lakes.

Sorry, Mr. Speaker. My question was: who outside the government have we been collaborating with? I guess I'm not going to get an answer to that because I want to ask if the Minister can tell us if we can expect some type of plan presented in this House and we can begin to implement these justices to the 231 calls for justice? Thank you, Mr. Speaker.

I appreciate the Member wants to hold this government accountable for taking meaningful action with this. Urgency is required. I will commit to providing more regular reports to the Member, and offer the same to the committee. I agree that we need to continue to focus on this work and make sure we're moving forwards with some actions. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Tu Nedhe-Wiilideh.

Question 278-19(2): Funding for Community Checkpoint during COVID-19 Pandemic

Marsi cho, Mr. Speaker. Just going back to my Member's statement, the community came together during COVID, and a lot of communities in my constituency, they worked together. They did do work to protect themselves because of the highway going in. Just to give you a little context for the House, on a letter dated May 25, 2020, from Madam Premier's office to my office, there was a request made for funding to fund the checkpoint going into Deninu Kue. They did take the steps to protect themselves. In my humble opinion, that's the GNWT's job. They should be coming in and protecting our small communities. Further to that, in this letter, the letter stated that they will not fund this important safety measure. For me, this is not okay. My question to Madam Premier: can she explain why this funding request was denied? Marsi cho.

Speaker: MR. SPEAKER

Thank you, Member for Tu Nedhe-Wiilideh. Honourable Premier.

Thank you, Mr. Speaker. The reason that we had to look at it carefully and, at this point, said "no" is because we have our own enforcement at the borders. There are some liability issues. The municipalities do not have authority to do that. We haven't come down hard on them because we understand the fear that they are facing. We're trying to support them, but we also have to recognize that there are legalities with that. The other major thing that has come with that and the request for funding is that Municipal and Community Affairs has been collecting the debts, the monies, that has been spent by community governments on the COVID-19. However, the Canadian Association of Municipalities put in a huge ask for $10 billion to the federal government. Until we hear, that $10 billion would be divided amongst all of the municipalities in Canada, so we're waiting for the federal government to hear if they're going to fund that because it would be inappropriate. All along, the GNWT has been trying to work with the federal government, so it would not be appropriate for us to fund the municipalities here when they're already asking for more money and then having to figure out: do we claw that back? What does that look like? We are lobbying the federal government, as well, that municipalities need money, but we're waiting to see if the federal government rolls out with that $10 billion bailout for the municipalities. Thank you, Mr. Speaker.

Thank you, Madam Premier for that response. I'm just going back to the letter, too. There is a reference there that is a roadblock. It's not a roadblock. I said to the media before this is like a checkpoint. It's a self-isolation measure. Even though we have our security checkpoints at the borders, and I don't mean to point, sorry, they're still bypassing our four major centres where people are supposed to self-isolate. They're still getting into the small communities. These checkpoints in the small communities work. For my next question, just from hearing her: can Madam Premier commit to funding, or even partially funding, these checkpoint initiatives if the federal funding does not pan out?

Some communities are working in partnership a little bit differently than other communities. Some communities are working with their Indigenous governments on their checkpoints. Indigenous governments did get money. They got money from the federal government for COVID-19 with flexibility on being able to use it. We want to help our municipal governments. It's not a matter of if we want to help them or not. We do want to help them. We are waiting for the $10 billion ask to see what that happens with. We're still collecting the debts from our municipal governments, as well. We're looking at other options. We're actually looking with some flexibility, perhaps. The ECE program has a small community employment fund. The municipalities could look at adding that into their plans if they were willing to do that. All departments, including ECE, have been very flexible during the COVID-19 to try to make sure that our programs meet the needs of people.

Speaker: MR SPEAKER

Thank you, Honourable Premier. Oral questions, Member for Frame Lake.

Question 290-19(2): Dominion Diamond Mine Creditor Protection

Merci, Monsieur le President. As I mentioned in my statement earlier today, there has been no communication from Cabinet to Regular MLAs on what GNWT is doing or not with regard to creditor protection proceeding on the Dominion Diamond group of companies. Can the Premier tell us when GNWT began participating in the legal proceeding and what roles do we expect to play? Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Frame Lake. Honourable Premier.

Thank you, Mr. Speaker. That doesn't go across all departments. It really is specified. On that, I would defer the questions to our Minister of Finance. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you. Minister of Finance.

Thank you, Mr. Speaker. Actually, it works out well to have those two roles combined in this particular instance. The Department of Finance does have the lead in terms of monitoring the CCAA proceedings and does work with Justice in terms of providing legal counsel and coordinating instructions to our external legal counsel in partnership with ITI as they, of course, have relationships with this industry more directly. Back to the Member's question about when we got involved, we do have experienced counsel involved in CCAA proceedings based in Alberta. We were notified of the filing on the day it was filed, and that is how we got involved. Thank you.

I want to thank the Minister for that. The Ekati Mine provides a substantial amount of revenue to the GNWT in the form of payroll taxes, property taxes, corporate taxes, sometimes, when it files in the Northwest Territories, mining royalties, carbon and fuel taxes, and more. Can the Premier tell us whether any of the Dominion Diamond group of companies have any outstanding liabilities to GNWT and what are those amounts and types of liabilities?

Again, that is within the Minister of Justice's department, so I'll defer the question to her. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Minister of Justice.

Thank you, Mr. Speaker. As I suspect many of the other creditors might still be fully compiling some of the data, we are in no different of a position than many others in that regard. I can say that in 2019-2020 the GNWT did collect $14.6 million in terms of taxes. Obviously, I'm not sure if that's necessarily the same. With COVID-19 some of the reporting dates have been deferred and delayed so that data is going to still have to continue to come in. We do, again, have the royalties that do come into us. Again, that reporting date was delayed. In addition to which, under regulation, I'm unable to break part the reporting of the royalties. They are reported in aggregate according to law. Mr. Speaker, it's just under $2 million in general liabilities that are owed, some of which have been invoiced but some of which we're still putting together. There certainly are some risks in terms of what is owed to the GNWT from Dominion Diamond. I would just note that CCAA proceeding doesn't mean that they would be unable to pay any of their liabilities to any of their creditors. Not to minimize the significance of the proceedings or the fact that we're monitoring them very closely, but it is simply an opportunity that we hope they will fully take to restructure their finances and be operational again.

I want to thank the Minister for that. I know I'm kind of skating close to the line here, but I do think that the public deserves to know what kind of liabilities are outstanding. I mentioned in my statement how GNWT now holds $295 million in financial securities of the Ekati Mine to ensure it fully complies with its regulatory requirements around reclamation. I understand the Wek'eezhii Land and Water Board is still conducting a review of parts of the third version of the inner enclosure reclamation plan that was submitted in August 2018. Can the Premier tell us whether the financial securities for the Ekati Mine are up to date and cover all the environmental liabilities at the site? Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you. Actually, the question has to go to the Minister of Justice unless she passes it on to the Premier.

Thank you, Mr. Speaker. I will certainly defer to you on the rules. I'm not quite there yet, but I'm happy to answer this particular question. Yes, Mr. Speaker, absolutely. The securities that are required by the land and water board are up to date, and we have every confidence that they are available to the GNWT if they are needed. They are in accordance with the reclamation plan that was approved by the land and water board. I suppose it's all good news in that regard for the moment. Thank you.

Speaker: MR SPEAKER

Thank you, Minister. Oral questions, Member for Frame Lake.

Merci, Monsieur le President. I want to thank the Minister of Finance for that. I guess I'm not quite as optimistic as the plan. It's still under review. Until that's done and we get an up to date security estimate, I'm not sure it's fair to say that it is completely up to date. In any event, for the first time I can recall, GNWT accepted surety bonds as financial security at the Ekati Mine. Insurance companies don't stay in business by paying claims. Can the Premier or the Minister of Finance tell us with complete confidence that the form of financial security, surety bonds, from insurance companies, provide the necessary clarity and certainty to ensure full and final closure of the Ekati Mine? Mahsi, Mr. Speaker.

The short answer is "yes," Mr. Speaker. I would be naive to think that that is going to satisfy the nature of what is really being asked here. Surety bonds are a little bit different. A lot of times, securities are held with what is called an irrevocable letter of credit, but in this particular case, these surety bonds are more like an irrevocable letter of credit than what they might be in some other circumstances. Most importantly, Mr. Speaker, the GNWT has the ability to call in the bond if we had concerns about it. In addition, if, in fact, the bond were to be cancelled, again different from many situations with a surety bond would be, the GNWT has protection because there is notice of cancellation. Again, in such circumstances, the GNWT would have the ability to call in the bond. The Department of Finance takes it quite seriously. The Department of Finance monitors these insurance companies. These are not small companies. These are very, very large companies. Just as much as we would have confidence in a large banking organization, Mr. Speaker, we have confidence that these large insurance organizations are not going anywhere and that the bonds are secure. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Yellowknife North.

Question 291-19(2): Open Government

Thank you, Mr. Speaker. Following this House electing the Honourable Caroline Cochrane as our Premier, she gave a speech on October 18, 2019, where a number of commitments were made. One of them was that the Department of ITI would be renamed the "Department of Economic Diversification and Development." Mr. Speaker, my question is: when can we expect to see that change?

Speaker: MR. SPEAKER

Thank you, Member for Yellowknife North. Honourable Premier.

Thank you, Mr. Speaker. Those conversations, those are conversations we started, actually, as a Cabinet before COVID-19 hit. We were looking at all of our departments and how they fit, if they needed to be changed, et cetera. It was an idea I put out in my speech, but I also said that I am open to feedback on it. In honesty, Mr. Speaker, due to COVID-19, that kind of got put on the back burner, but I do know that, after this session, once we take a break and give our departments a break because everybody has been going 24/7, we will be starting those conversations again.

To be honest, I don't much care what the name of the department is, but I believe, when the Premier makes a commitment, it's important that it be followed through with, especially if it's solely within her authority. Additionally, during that speech, the Premier committed to requiring a gender- and equity-based lens be applied to any new program or service delivery in the GNWT. When can we expect to see that implemented?

I am not going to take credit and say that, because there are nine women elected, we are doing that, but we are doing that right now. It was the right thing to do, whether it be women or men. In this House, it is the right thing to do.

I am happy to hear that we are applying a gender- and equity-based analysis to all new programs and service delivery. Perhaps the Premier could provide the Regular MLAs with how exactly that is occurring. Additionally, during that same speech, the Premier committed to amalgamating the Departments of MACA and Lands. When can we expect to see that change, Mr. Speaker?

Again, those were conversations at the beginning. I did promise to have feedback from MLAs. Those are the conversations we will be having. I will not make that decision on my own; I don't think it's appropriate. I will be having conversations with our Cabinet, and then I will present to committee, the appropriate committee. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Honourable Premier. Final supplementary, Member for Yellowknife North.

Thank you, Mr. Speaker. I am quite confident that both the Ministers of MACA and Lands would be quite curious to know if their departments are being amalgamated, so I look forward to the outcome of those discussions. Additionally, in that same speech following being elected as Premier, there was a commitment to mandate public surveys for all priorities for each department. Has that work been done, Mr. Speaker?

I will have to meet with the Member after. I don't remember the commitment that I would ask for public surveys for every priority. I will have to look at Hansard and meet with the Member to understand what the meaning was behind that. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Honourable Premier. Oral questions. Member for Kam Lake.

Question 292-19(2): Working Group on Missing and Murdered Indigenous Women and Girls

Thank you, Mr. Speaker. In continuation of the questions posed by my colleague from Inuvik Twin Lakes, I would like to ask some questions of the Minister of Health and Social Services today. One of the questions that was asked by my colleague was in regard to working groups and who our GNWT collaborates with on those working groups, so what I would like to know is: who outside of the Government of the Northwest Territories does the Government of the Northwest Territories collaborate with on its working group for creating its action plan for Missing and Murdered Indigenous Women and Girls? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. Minister of Health and Social Services.

Thank you, Mr. Speaker. The Department of Health and Social Services works with a variety of organizations and NGOs, including NWT disabilities and status of women.

The Minister mentioned that the working group is currently doing an analysis on the calls for justice from Reclaiming Power and Place. What is the deadline for this analysis?

At this time, we do not have a timeline. Once we do, we will let the Member know.

The Minister has mentioned before that we are national leaders in aggressive COVID-19 testing and that we are national leaders in a very timely response to the Reclaiming Power and Place report. I would like to urge the GNWT to be both an aggressive and a timely national leader in its action to do with Missing and Murdered Indigenous Women and Girls. Will the Minister commit to providing an annual report to this House on the status of its plans and timelines so we can be accountable to keeping all Northerners safe? Thank you.

Yes, the department will be looking at doing an annual report.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Kam Lake.

Thank you very much, Mr. Speaker, and I appreciate the Minister's commitment. Mr. Speaker, I would also like to know, when someone disappears, there is rarely evidence that a crime has been committed. However, this is a prerequisite for police to seek the court's permission for a search warrant or for personal records to help their investigation. In the earliest hours after someone is reported missing, access to this crucial information can yield clues to the person's whereabouts held within their cellphone, computer, home, and more. A number of provincial jurisdictions have missing persons legislation which can serve as a model for the NWT. Will the Minister commit to bringing forward missing persons legislation in the Northwest Territories during the life of this Assembly? Thank you.