We received notice from one Indigenous government approximately a year ago that they were interested in beginning negotiations. We received notice from a second Indigenous government about a month ago. Neither of these conversations have reached the stage that the Member is talking about here, where we are negotiating a tripartite agreement. What we have done proactively as a department is adopted two new practice standards based on the federal act so that all children and families in the NWT have the benefit of these provisions, even before these agreements are put into place.
The first new practice standard has to do with the requirement to provide notice before taking a significant measure in relation to an Indigenous child or youth, so that would be notice that goes to the Indigenous government about a member of theirs. The second is a commitment to Indigenous children, youth, and families, and that has to do with supporting them through the family reunification process. We are very willing, more than willing, to enter into these negotiations. Just to say again: they need to be initiated by the Indigenous governments. They are funded by the federal government, and we are ready to do our part.
The bill came into effect over a year now, and we are still talking about potential one or two Indigenous governments possibly coming onboard. We need to be proactive. We need to be reaching out to these Indigenous governments across the territory, similar to other provincial jurisdictions. It's already established, and any apprehensions, they are the first go-to, Indigenous governments. We should be acting on that, as well, Mr. Speaker. It's a complex matter, negotiating the agreement. It covers funding, liabilities, transition, a scope of policy to be transferred. What supports has this Minister's department put in place to assist northern Indigenous governments wishing to enter into these kinds of agreements?
Until these negotiations are complete and an agreement is reached, we are the service provider at the Department of Health and Social Services through our health authorities, including the Tlicho Community Services Agency. When Indigenous governments approach us to begin discussions about negotiations, we are very happy to provide them with a range of options which could be them creating and implementing their own law if they have the capacity to do it, or it could be a collaborative arrangement between the GNWT and the Indigenous governments.
To reiterate, at the time that the bill came into force, my predecessor wrote to every Indigenous organization; once I became Minister, I wrote to every Indigenous organization. I have been to approximately six bilateral conversations with Indigenous government and Indigenous government organizations, and in each one, I have talked about this legislation and invited them to take up the challenge. The major stumbling block, I am hearing, is capacity. People understand that creating a law, creating an implementation plan is a huge undertaking, and so I think there is interest. We do not, at this point, have anything that has started in the way of negotiations.
Thank you, Minister. Final supplementary. Member for Monfwi.
Masi, Mr. Speaker. The Minister alluded to lack of capacity building, lack of resource people within the system. It's time that we reinvest in these areas. We are talking about our children of the Northwest Territories, and this is a worthwhile investment. I certainly hope during the time 2021 comes to an end, where we have reached out to five regions, established an agreement. That is what I would like to see, Mr. Speaker. What role did the territory's Indigenous people play in bringing their children and family services up to the standards set out in Bill C-92? How were they involved? Masi, Mr. Speaker.
The development of the federal law was led, obviously, by the federal government, and they were assisted by the Assembly of First Nations. I know at least one person from the Member's region who participated in the development of this law by travelling to Ottawa and discussing it. The implementation of this law is being funded by the federal government. They have a pot of money, which, if I recall correctly, is around $450 million to spend with Indigenous governments to get involved in this process and build capacity to take over Child and Family Services. I just want to reiterate: we want this to happen; we want Indigenous governments to take the lead in caring for their children. We are here to help, but the first step needs to be the step by the Indigenous government. Thank you.
Thank you, Minister. Oral questions. Member for Kam Lake.
Thank you very much, Mr. Speaker. The people who I serve or many of the people who I serve in Kam Lake generate their income either directly or indirectly from the mining industry, so my first question today I know is very important for them. Mr. Speaker, I am wondering if the Minister of Industry, Tourism and Investment can speak to how the GNWT is working to increase mining exploration and development across the Northwest Territories. Thank you.
Thank you, Member for Kam Lake. Minister of Industry, Tourism and Investment.
Thank you, Mr. Speaker. There are quite a lot of initiatives underway. One of them that I think I have spoken to recently would be in terms of the Mining Incentive Program. That is a program that is within the government's mandate to increase funding to, and funding was increased and modified to adapt to COVID-19 so that it could be better accessed and more useful for those who are having to adapt their systems and their processes to continue to explore, even during the COVID-19 pandemic. In addition to that, Mr. Speaker, there is a wide variety of other initiatives underway. Not knowing quite where the rest of the questions might go, I don't want to take all of the MLA's thunder, but the Mineral Resources Act, of course, we are looking to develop those regulations, looking to review the mineral development strategy and certainly continuing work in regions so that there can be regional mineral development strategies, so a number of things across the board, Mr. Speaker. Thank you.
In my Member's statement, I spoke briefly about the Fraser Institute and their survey of the mining report. I am wondering if ITI has a desire to address the concerns outlined in this report, and if so, how will the GNWT effectively increase transparency and consistency in the NWT regulatory process?
When that report came out, certainly, anytime there is a public statement of that kind, any kind of report-card-type document, we would certainly take that seriously and want to look at it and analyze it. I have actually already set up a meeting with the department to do exactly that. That said, Mr. Speaker, I also want to just ensure that the public messaging around what we are doing with our regulatory processes and the efforts within the department to provide pathfinding. There are staff specifically assigned to pathfinding, and there is already work being done to having a roadmap for those looking to bring new projects online. That work exists. I am conscious that, although, as I said, I'm going to take this report seriously, the department has a knee on it, the responses that were given in terms of permitting times, there were between five and seven responses. It might have been as little as five. Recently, at the online geosciences roundup forum, we hosted a forum where, in fact, the proponents of projects were saying they were impressed by the time in which they had their permits issued. It is a complex issue. Each project is unique. Each project is going to have its own challenges, but I believe we are taking steps already to improve the process and to continue to use the systems that we have and continue to make them even better.
I appreciate the Minister's due diligence in having already set up that meeting and look forward to hopefully having a conversation about that with the Minister. In regard to the people who the Minister was able to converse with who were impressed by the timelines, perhaps the Minister can encourage them to participate in the survey next year and we can improve some results for the Northwest Territories in that report card. One of the things that was highlighted within that report card was that the GNWT wasn't even meeting their own timelines within the regulatory process. I'm wondering if the Minister will commit to looking at the timelines associated with our own regulatory processes within the GNWT, look at the processes, how the department is working through them, and see if there is room for improvement and perhaps speeding up some of that process, as well.
That comment stood out to me, as well, and so certainly, again, that's one of the points of getting together with the department, is to identify where, in fact, there may be some areas for immediate work. It's not only us, of course. Up here, we also do rely on the federal government for part of the regulatory processes, and as for us, it's not only ITI that is responsible; the Departments of ENR and Lands are also involved. What I will do, as I've said, is, firstly, have the meeting with my department to look at what exactly is it that is at issue and then ensure that we are bringing all of the relevant departments into that conversation. It is always our goal to ensure that we are meeting our timelines and our processes, so to the extent that there is a challenge, we are going to figure out what it is and then find out the answer.
Thank you, Minister. Final supplementary. Member for Kam Lake.
Thank you very much, Mr. Speaker. I appreciate the Minister alluding to the fact that she is willing to work with other departments. I think it's important to see, for other departments, what role they play within that process and how their involvement in that process affects the overall timelines, as well, so I appreciate that. It would be amazing if we could get our mineral exploration back to the level it was in the mid - to early 2000s. That would be very exciting. It feels different when the North is exploding with economic development. Everybody has some bounce in their step. There is less draw on social programs. There is more community involvement. Definitely, I think everybody here would be game for a ton of exploration and mineral development across the Northwest Territories. I'm wondering if the Minister would be willing to commit, for whatever dollar comes out of programming for mineral and resource development within ITI, to making sure that, if it comes out of one program within that section, it goes into another program within that sector? Thank you.
Obviously, government budgeting is dear to my heart, but we're about to go into the process of reviewing ITI's budget and reviewing ITI's proposals for going forward in the next year. I don't think this is a question of a dollar-for-dollar in the Department of ITI that is going to advance mineral exploration alone. I appreciate the effort to look for creative solutions, look for ways to advance this. It is something that is already one of the priorities of the 19th Legislative Assembly. All of us know that this continues to be an anchor industry, and everyone is seeking solutions to see it advance. There is a lot of work happening. We are renewing the mineral development strategy. That's from way back in 2013. It's time to look at a new one. We are looking, again, as I said, at doing regional mineral development strategies to be led by regions themselves, to seek what supports they need to do that. There is the pathfinding; there are the road maps; there are mineral resources. It's not necessarily about whether there are enough dollars out there. This work is happening. I want to assure the Member that the work is happening; the work is under way. We know areas that are in need of some supports. We're trying to put our efforts into them, and I have every faith in my colleagues that, as we do the main estimates for ITI, if there is an area that I have described that doesn't have the resources, then I will have every chance to detail that and explain it in the course of the reviews. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. I have a return to Written Question 22-19(2) asked by the Member for Frame Lake on February 8, 2021, regarding the financial obligations for the Ekati Mine to the Government of the Northwest Territories.
At the appropriate time later today, I will table two documents, the first that provides an overview of the GNWT's role in the Dominion Diamond insolvency process; and the second is a spreadsheet that identifies payments received as part of the Ekati Mine sale closing process, as well as outstanding amounts due to the GNWT. Notably, the GNWT has not forgiven any payments and nearly all receivables owed to the GNWT have been paid in full or agreement has been reached for payment by Arctic Canadian Diamond Company, or ACDC.
Regarding Workers' Safety and Compensation Commission, or WSCC, assessment information you requested, we have confirmed with WSCC that this information cannot be released due to privacy issues.
Regarding your request for mining royalty information, this information is confidential in nature and not able to be publicly disclosed per company, as it would be releasing third-party information. However, I can tell you that all royalty reports were filed and all outstanding royalty audits were closed out prior to the sale closing. Dominion Diamond, ACDC, and the GNWT reached an agreement where amounts owing on these items will be paid in instalments between May 2021 and December 2021. Upon written request and the expiration of the appeal period on April 1, 2021, the Department of Industry, Tourism and Investment or ITI will release details of these royalties and payment terms to the Standing Committee of Economic Development and Environment in confidence. While Dominion Diamond and now ACDC are eligible to receive relief on all land tenures for 2020-2021 as part of the rent relief program, the total amount that they receive is confidential in nature as it would be releasing third party information.
Consistent with my Return to Written Question 15-19(2) in August, the GNWT has determined that other portions of the information you requested cannot be disclosed under the Access to Information and Protection of Privacy Act, or the act. The GNWT has determined that Section 24(d) of the act applies to your request regarding tax liability, as public bodies cannot disclose information about a third party, gathered for the purpose of determining tax liability or collecting a tax.
The GNWT incurred costs of approximately $130,000 for the external financial advisors who assisted with the thorough review of Arctic's ability to meet the regulatory, financial, and social commitments of the Ekati Mine, the structure of the sale, and the financial health of the surety providers. These reviews informed GNWT decisions on acceptance of new securities and assignment of the Ekati Environmental Agreement. Of this, about $30,000 would have been incurred under normal circumstances, as we regularly review the health of the insurance companies backing our surety bonds. The GNWT has spent $192,000 to date for external counsel. The GNWT's outside legal counsel attended court hearings and spoke in support of the government, northern workers, businesses, communities, and the NWT economy.
Finally, in terms of staff time, you are correct in implying that these past few months have been busy ones for those involved with the Companies' Creditors Arrangement Act, or CCAA, process and the extensive due diligence required to finalize the sale. Indeed, I will take this opportunity to thank those who worked collaboratively across the Departments of Finance, Industry, Tourism and Investment, Environment and Natural Resources, and Lands to ensure that the interests of the GNWT, and especially those of the residents and businesses of the NWT, were of utmost importance and protected. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Your hard-working Standing Committee on Economic Development and Environment is pleased to provide its Report on Bill 3: An Act to Amend the Public Highways Act and recommends it to the House.
Bill 3, An Act to amend the Public Highways Act, clarifies the duty and liability of the Government of the Northwest Territories with respect to primary highways and an incident occurring on highways the GNWT does not construct, maintain, or control. On March 13, 2020, Bill 3 had its second reading in the house and was referred to Standing Committee on Environment and Economic Development. On June 23, 2020, committee reviewed the proposed bill. On August 25, 2020, and October 15, 2020, committee's review of the bill was extended.
On August 19, 2020, committee invited comments on the proposed amendment from communities across the Northwest Territories, Indigenous governments, and businesses involved in the use and construction of roads. Committee received one written submission from the City of Yellowknife. Committee thanks the city for the submission.
The City of Yellowknife encouraged updates to the bill to outline maintenance requirements and associated liabilities to ensure appropriate accountability. Committee was also concerned the GNWT should clarify that it is liable for the presence, absence, and insufficiency of any traffic-control device. Committee confirmed the bill does not absolve the Minister from responsibility to maintain in a reasonable statue of repair those traffic control devices the Minister has erected.
The City of Yellowknife expressed concern regarding liability related to loss or damage as a result of government's failure to maintain public highways. The city suggested proposed amendments should require infrastructure installed as part of a primary highway be adequately maintained to protect public safety.
Committee confirmed that the department maintains highways in accordance with the following standards:
the Highway Maintenance Manual;
the national guidelines from the Transportation Association of Canada; and
the Guidelines for Safe Ice Construction booklet.
The Highway Maintenance Manual is the GNWT's standard of best practice. This manual is updated regularly. Committee requested and received commitment from the Minister to maintain the Highway Maintenance Manual to the Department of Infrastructure website. The city also had concern as to whether shoulders and pull-outs were considered part of primary highways, and committee confirmed as such.
Committee was concerned that Bill 3 absolves the GNWT of responsibility for highways it controls but has not designated as primary highways under the Highway Designation and Classification Regulations. Committee was also concerned that the liability under the act was more expansive than Bill 3. The limitation of liability for primary highways has been addressed through committee's motion providing no bar based on alleged failure to maintain.
On October 14, 2020, the department held a public hearing on Bill 3 with committee, which was broadcast and recorded on the Legislative Assembly channel. Standing committee and the department discussed concerns related to limitations of liability, highways under the control of the Commissioner not designated as primary highways, and maintenance standards. Committee thanks the Minister and her staff for appearing before committee.
The clause-by-clause review of the bill was held February 10, 2021. Committee thanks the Honourable Minister Archie and members of her staff for their appearance before committee. At this meeting, committee further raised concerns regarding the responsibility of the GNWT to maintain highways not designated as primary highways. Committee's concern regarding the responsibility of the GNWT to maintain liability for primary highways was addressed in Motion 1. At this meeting, committee proposed four motions as set out in Appendix 2. The Minister concurred with the motions.
Following the clause-by-clause review, a motion was carried to Report Bill 3, An Act to Amend the Public Highways Act, as amended and reprinted, as ready for consideration in Committee of the Whole. This concludes the standing committee's review of Bill 3.
Thank you, Member for Nunakput. Member for Nunakput.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Deh Cho, that Standing Committee on Economic Development and Environment Report on Bill 3, An Act to Amend the Public Highways Act, be received by the Assembly to be moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.
Thank you, Member for Nunakput. The motion is in order and is nondebatable. All those in favour? All those opposed? Any abstentions?
---Carried
Thank you, Mr. Speaker. Further to my Return to Written Question 22-19(2), I wish to table the following two documents: " Summary of GNWT Response to Dominion Diamond Mines Creditor Protection Process and Ekati Diamond Mine Sale;" and "Outstanding Payments Dominion Diamond Group of Companies/Arctic Canadian Diamond Company as of February 3, 2021."
As well, Mr. Speaker, I wish to table the following three documents: "Executive Summary - Public Procurement Policies for the Government of the Northwest Territories;" "Discussion Paper for the Review of Public Procurement Policies for the Government of the Northwest Territories;" and "Follow-up Letter for Oral Question 494-19(2): Economic Recovery." Thank you, Mr. Speaker.
Thank you, Minister. Tabling of documents. Member for Frame Lake.
Merci, Monsieur le President. I wish to table the following letter from the Midwives Association of the Northwest Territories, dated February 24, 2021, to the Minister of Health and Social Services regarding increased funding for midwifery services in the 2021-2022 budget. Mahsi, Mr. Speaker.
Thank you, Mr. Speaker. I give notice that, on Wednesday, March 3, 2021, I will move the following motion: now therefore I move, seconded by the honourable Member for Deh Cho, that this Legislative Assembly calls upon the Government of the Northwest Territories to review its policies and practices for racial and cultural bias, especially as they relate to education, Health and Social Services, Justice, housing, and government hiring; and further, that the Government of the Northwest Territories provide a comprehensive response to this motion within 120 days. Thank you, Mr. Speaker.
I now call Committee of the Whole to order. What is the wish of committee? Mr. Norn.
Marsi cho, Madam Chair. Committee wishes to consider Tabled Document 286-19(2), Main Estimates 2021-2022, Department of Health and Social Services, and then the Department of Infrastructure. Marsi cho.
Thank you. Does committee agree?
Agreed.
Thank you, committee. We will take a recess and resume with the first item.
---SHORT RECESS
Committee, we are continuing on with the Department of Health and Social Services. Sergeant-at-Arms, could you get the witnesses in, please? I just about forgot. Thank you. Minister, would you please introduce your witnesses for the record?
Yes. Thank you, Madam Chair: Mr. Bruce Cooper, the deputy minister of Health and Social Services, and Ms. Jeannie Mathison, the director of finance. Thank you.
Thank you and welcome. All right, committee. We will begin where we left off, with the Department of Health and Social Services, out of territory services on page 188. Are there any questions? Member for Deh Cho.
