Thank you, Minister. Final supplementary, Member for Kam Lake.
Thank you very much, Mr. Speaker. Mr. Speaker, one of the things that we hear in committee quite often is this desire for some more transparency around equivalencies. And this program, I praise Health and Social Services for their support of the program and their support also through the aftercare fund as well in providing people with access to that funding in order to provide employment beyond the program. But I'm wondering if Health and Social Services will increase the transparency of the equivalencies within their job descriptions so that people know what equivalencies will be accepted by the department of Health and Social Services so that they can use experience that they can gain in this program to then apply for positions that traditionally call for master's degrees within the GNWT. Thank you.
Thank you, Mr. Speaker. Thanks to the Member for that suggestion. I'll take that up.
Thank you, Mr. Speaker. Mr. Speaker, my questions are around negotiated contracts and are for the Premier.
The Negotiated Contracts Policy allows the Government to negotiate contracts outside the competitive contract process. The policy also requires the government to disclose some information on its negotiated contracts, but not enough for this House to assess whether each negotiated contract is serving its purpose: To deliver benefits that competitive contracting wouldn’t, or to build capacity of Northern businesses.
Please provide a list of all negotiated contracts awarded by or completed for the Government of the Northwest Territories in the 19th Assembly, and:
For each negotiated contract that was completed in the 19th Assembly or multiyear over the course of the 19th Assembly, please indicate:
The department or agency that awarded the contract;
The contractor’s name(s);
The scope of contract;
The total contract value;
The fiscal year of the contract (if multiyear);
The duration of contract;
The specific benefits analysis;
The statement on the specific benefits achieved, including quantitative and qualitative data in support of that statement (if completed);
Whether the Minister responsible provided written consent to further assign or subcontract the contract, in whole or in part, or to provide substitute personnel for the purposes of performing the services, beyond the original awarded contract;
The total estimated premium (if available);
The significant extent, if known, to which the contract involved a subcontractor or partner not eligible under the Negotiated Contracts Policy;
The public notice of the awarding of the negotiated contract and the reasons for negotiating the contract rather than awarding the contract through a competitive contracting process.
In addition, for each negotiated contract that was awarded in the 19th Assembly but is not yet complete, please provide:
The department or agency that awarded the contract;
The contractor’s name(s);
The scope of contract;
The total contract value;
The fiscal year of the contract (if multiyear);
The duration of contract;
Whether the Minister responsible provided written consent to further assign or subcontract the contract, in whole or in part, or to provide substitute personnel for the purposes of performing the services, beyond the original awarded contract;
The significant extent, if known, to which the contract involved a subcontractor or partner not eligible under the Negotiated Contracts Policy;
The public notice of the awarding of the negotiated contract and the reasons for negotiating the contract rather than awarding the contract through a competitive contracting process.
3) Finally, please also provide the guidelines and other directions that the Executive Council has established to implement the Negotiated Contracts Policy.
Thank you, Mr. Speaker.
Mr. Speaker, I have a Return to Written Question 4019(2) asked by the Member for Tu NedheWiilideh to the Honourable Minister responsible for the Northwest Territories Housing Corporation on March 31st, 2022, regarding housing expenditures in the Tu NedheWiilideh communities.
The Member asked for the operational and capital expenditures for Tu NedheWiilideh for the past five years. Later today, at the appropriate time, I will table this information.
The Member also enquired about the total capital and repairs budgets required to address the need for more homes and housing repairs in the Tu NedheWiilideh communities.
With regards to these core housing need related enquires, I am pleased to advise that Housing.
NWT has developed a report entitled "The Cost of Addressing Core Housing Need in the Northwest Territories." This report has been provided to the Standing Committee on Social Development and an Executive Summary has been made available publicly.
Thank you, Mr. Speaker.
And Mr. Speaker, I have a Return to Written Question 4119(2) asked by the Member for Inuvik Twin Lakes to Minister of Infrastructure on March 31st, 2022, regarding the Inuvik Airport Runway Expansion Project.
A request was made to update the House on the discussions the Department of Infrastructure has had with regard to the runway extension project and if the timesensitive part of the project will occur this year.
Mr. Speaker, the design team has confirmed that the best time to undertake the initial earthworks is in the fall when the frost is in the ground and there is minimal snow cover. It would not be responsible to proceed with work when there are budget concerns. That said, the technical teams of both the joint venture and the department met and resumed negotiations on April 22, 2022, for Work Package 3, Embankment Construction.
Negotiations have not yet concluded; however, if they are successful, the project schedule can be readjusted to coordinate construction within a favourable season. I am comfortable with the efforts of my team on this project.
The negotiation process is progressing between the technical teams, and it is ultimately between them to find a solution within the available budget, whether that is through engineering solutions, design/technical revisions, methodology improvements or an understanding of where the available budget is incorrect to provide the basis for further discussion with the funding partners. The federal government has signaled a commitment to provide some additional funding for the project to address inflation and supplychain costs, subject to due diligence, although the exact dollar value and timelines are not yet known. The Department recognizes the impact this project will have on local employment, and has identified some preparatory work that can be undertaken while the discussions continue over the summer.
I have been asked if I can commit to ensuring this project does not suffer unnecessary delays moving forward. Mr. Speaker, it would not be responsible to proceed with work when we have concerns that we cannot complete the work within the available budget. As I mentioned earlier, I am comfortable with the efforts of my team on this project and I will commit to ensuring the department continues to exercise due diligence to mitigate any risks to the government of the Northwest Territories and the project funder and to follow the Negotiated Contracts Policy.
Mr. Speaker, regarding the question about ongoing communication between the two teams, I can confidently say that the joint venture has been kept informed of the next steps required to address the funding gap, in addition to work plans and surety required.
Future meetings between the joint venture and the Government of the Northwest Territories are planned in May and will continue into the summer, as we continue to work to find solutions to the funding gap with hope of realizing way forward to construction.
Thank you, Mr. Speaker.
Thank you, Mr. Clerk. Returns to written questions. Replies to the Commissioner's address. Petitions.
Colleagues, we will call a short recess.
Thank you, Mr. Speaker. Mr. Speaker, your committee would like to report on its consideration of Bill 40, An Act to Amend the Medical Profession Act.
Bill 40 received second reading in the Legislative Assembly on November 26th, 2021, and was referred to the Standing Committee on Social Development for review.
Near the end of the committee's 120day review period, the Government of the Northwest Territories Department of Health and Social Services identified issues with the bill that could require substantial amendments.
On March 28th, 2022, the committee sought and received an extension of our review period and indicated that we were willing to work collaboratively with the Minister of Health and Social Services to make improvements to the bill.
On May 19th, 2022, the standing committee held a public hearing with the Minister of Health and Social Services and completed its clausebyclause review of the bill. Ten motions were carried by the committee and concurred with by the Minister.
The committee thanks the Minister and department for their hard work in collaboration to approve this bill.
Mr. Speaker, the committee reports that Bill 40: An Act to Amend the Medical Profession Act, is ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. Reports of committees on the review of bills. Member for Deh Cho.
Mahsi, Mr. Speaker. Your committee would like to report on its consideration of Bill 46, An Act to Amend the Motor Vehicles Act.
Bill 46 received second reading in the Legislative Assembly on March 9th, 2022, and was referred to the Standing Committee on Economic Development and Environment for review.
The standing committee held a public hearing on May 10th, 2022, and completed its clausebyclause review of the bill with the Minister of Infrastructure on May 25th, 2022.
Mr. Speaker, the committee reports that Bill 46: An Act to Amend the Motor Vehicles Act, is ready for consideration in Committee of the Whole. Mahsi, Mr. Speaker.
Thank you, Member for Deh Cho. Reports of committees on the review of bills. Member for Kam Lake.
Thank you, Mr. Speaker. Your committee would like to report on its consideration of Bill 47: An Act to Amend the Employment Standards Act, No. 2.
Bill 47 received second reading in the Legislative Assembly on March 28th, 2022, and was referred to the Standing Committee on Social Development for review.
On May 10th, 2022, the standing committee held a public hearing with the Minister of Education, Culture and Employment and completed its clausebyclause review of the bill.
Mr. Speaker, the committee reports that Bill 47: An Act to Amend the Employment Standards Act, No. 2, is ready for consideration in Committee of the Whole. Thank you, Mr. Speaker.
Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its report on the review of the Languages Commissioner for the Northwest Territories Annual Report 20202021 and commends it to the House.
I believe I've got about six pages here to go, Mr. Speaker. So bear with me.
The Standing Committee on Government Operations has reviewed the 20202021 Annual Report of the Languages Commissioner. The Official Languages Act requires the Commissioner to prepare an annual report. The report includes information on the number of complaints filed. It can also include recommendations. The Speaker tables the report in the Legislative Assembly. Once tabled, the committee reviews the report.
As part of the review, the Languages Commissioner, Ms. Brenda Gauthier, appeared before the committee on February 17th, 2022. She delivered an excellent presentation on her 20202021 Annual Report. The committee commends her work and the relocation of the Office of the Official Languages Commissioner to Fort Smith, as well as her work building relationships to understand and promote language rights. The committee appreciated her timely and insightful comments on the ongoing statutory review of the Official Languages Act.
This report presents three recommendations to strengthen the role of the Languages Commissioner. The committee is pleased to submit these recommendations to the Government of the Northwest Territories and looks forward to their implementation.
Over the past year, committee has been working on a separate statutory review of the Official Languages Act. The statutory review allows the committee to examine how the act is working and for the public to provide input on what could be done better.
Unfortunately, the COVID19 pandemic has slowed committee's work. The committee held public meetings in Inuvik in June 2021 and a virtual meeting in January 2022. At these meetings, stakeholders provided excellent input on how the official languages could be better preserved, protected, and empowered to thrive. The committee is grateful for these thoughtful contributions which will inform the committee's final report. The committee intends more travel beyond Yellowknife to collect feedback from speakers of other languages. This includes public hearings currently scheduled in Fort Smith, K’atl’odeeche First Nation, Hay River, and Fort Providence over June 22nd to 24th.
The committee is grateful for all stakeholders' contributions. The public's feedback will help the committee make recommendations to strengthen all language communities in the NWT. The committee continues to advocate for the GNWT to pass legislation to improve the Official Languages Act in the life of this 19th Legislative Assembly.
The Languages Commissioner has made one recommendation in her 20202021 Annual Report regarding her ability to get responses. She recommended that the Legislative Assembly develop a formal process for responding back to the Office of the Language Commissioner on recommendations presented by the office. The process should include that response be in writing and that there be a specific timeline for response.
This is a longstanding recommendation. It has appeared in the same or similar language in each of the Language Commissioner's past six annual reports going back to 2015.
The Official Languages Act guides two ways the Languages Commissioner can make recommendations:
The Commissioner could make recommendations in an annual report on the proposed changes to the Act. The annual report is then tabled in the Legislative Assembly and referred to a committee. The committee is required to review the annual report and report back within 180 days of the referral.
The Commissioner can make recommendations to the head of a public body to take action after an investigation. The Commissioner may request a status update from the public body within a specified timeframe. The public body is not required to respond.
In her appearance before committee, the Languages Commissioner clarified that she is primarily concerned with the response of public bodies. She explained that the challenges with receiving responses from the government to her recommendations. The committee shares the Commissioner's concerns.
The Languages Commissioner specified three priority areas where the GNWT should be more responsive to her office. These priority areas form the basis of Committee's recommendations to the GNWT in this report.
The Languages Commissioner stated that she finds her role to communicate with the Minister responsible for Official Languages is blurred. She added she is unclear on the roles and responsibilities between herself and the minister. The Official Languages Act is silent on the relationship between the Languages Commissioner and the Minister responsible for Official Languages. Whereas the act includes provisions that specify how the Languages Commissioner may make recommendations to Ministers and deputy ministers and the Legislative Assembly, no such powers exist for recommendations to the Minister responsible for Official Languages.
Further, the act requires that the Minister responsible for the Official Languages to consider recommendations made by the Official Languages Board and the Aboriginal Languages Revitalization Board. But the act says nothing about the Minister considering recommendations from the Languages Commissioner. Therefore, the Standing Committee on Government Operations recommends:
That the Department of Education, Culture and Employment clarify the role of the Languages Commissioner, specifically regarding how the Languages Commissioner may bring forward concerns and recommendations to the Minister responsible for Official Languages.
The Languages Commissioner pointed out that she lacks powers to compel the disclosure of information from public bodies in investigations. While she indicated that all departments have been cooperative with her to date, she is concerned by the lack of tools to deal with noncooperation. Other statutory officers have confirmed that public bodies do not always cooperate with investigations.
The Information and Privacy Commissioner highlighted the issue in his 20202021 Annual Report. When the IPC conducts a review under the Health Information Act, section 153(2) requires the GNWT to provide the requested information within 14 days. The Information and Privacy Commissioner has reported that this response time is frequently not met. The IPC's difficulty accessing requested records undermines the public's interest in timely, comprehensive reviews of government decisions, actions, or failures to act on access and correction requests. Unlike the Languages Commissioner, other NWT statutory officers that conduct reviews and investigations have significant powers to compel the disclosure of the requested records.
The Information and Privacy Commissioner can require the production of relevant records within a time limit. The Ombud can require a person to produce a document related to an investigation, subject to certain restrictions. The Ombud can also summon and examine under oath any person whom she believes is able to give information relevant to an investigation, subject to certain restrictions. The Human Rights Commission can demand the production of documents and records that are relevant to a human rights complaint, subject to certain restrictions. If the demand is not met, the Human Rights Commission can apply to the Supreme Court for an order to enforce compliance.
The committee believes the Language Commissioner should have similar powers to require production of relevant records when she carries out an investigation. Therefore, the Standing Committee on Government Operations recommends:
The Department of Education, Culture and Employment strengthen the Languages Commissioner's ability to get requested information from public bodies, including timebound requirements to respond to requests.
The Languages Commissioner highlighted that when she puts recommendations to public bodies, they are not, in fact, required to respond. The Official Languages Act merely allows the Languages Commissioner to request a notification of action, if any, that the public body proposes to take to give effect to her recommendations.
The committee believes these provisions are weak. As the Languages Commissioner stated in her annual report, the only power the Languages Commissioner has is to make recommendations. If the recommendations are ignored, it calls into question whether the office has any real purpose.
The committee agrees with the Languages Commissioner’s concerns. Her limited authority to monitor and assess the implementation of recommendations undermines her ability to carry out her mandate; namely, To take all actions and measures within her authority with a view to ensuring recognition of the rights, status, and privileges of each of the official languages in compliance with the spirit and intent of the Official Languages Act in the administration of the affairs of government institutions.
Public bodies should face more stringent duties to respond to recommendations from the Languages Commissioner.
The Standing Committee on Government Operations, therefore, recommends:
The Department of Education, Culture and Employment impose timebound requirements on public bodies to respond to recommendations from the Languages Commissioner.
This concludes the Standing Committee on Government Operations' Report on the Review of the Languages Commissioner for the Northwest Territories Annual Report 20202021. The committee looks forward to the government's response to these recommendations.
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to this report within 120 days.
Thank you, Mr. Speaker.
Thank you, Member for Yellowknife North. Member for Yellowknife North.
Mr. Speaker, I move, seconded by the Honourable Member for Thebacha, that Committee Report 2919(2), Standing Committee on Government Operations Report on the Review of the Languages Commissioner for the Northwest Territories Annual Report 20202021 be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.
Thank you, Member for Yellowknife North. Motion is in order. To the motion?
Question.
Question has been called. All those in favour? All those opposed? Any abstentions. The motion is carried.
Carried.
Committee Report 29 is referred to Committee of the Whole.
Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following document: Followup Letter for Oral Question 90519(2): COVID19 Community Mental Health Resources.
Thank you, Mr. Speaker.
Thank you, Minister. Tabling of documents. Minister responsible for Infrastructure.
Mr. Speaker, I wish to table the following document: Followup Letter for Oral Questions 89819(2): Internet Access to Students. Mr. Speaker, on behalf of the Premier, I wish to table the following five documents: Followup letter for Oral Question 90419(2): Emerging Stronger and Economic Recovery; Followup Letter for Oral Questions 96219(2): Emerging Stronger GNWT Economic Recovery Plan; Followup Letter for Oral Questions 100519(2): Fuel Costs; Followup Letter for Oral Questions 102419(2) Fuel Costs
Do I say the number, or do I – okay.
Followup Letter for Oral Question 102419(2): Regulation Making in the Northwest Territories; and; Followup Letter for Oral Question 102719(2): Ukraine Support.
Thank you, Mr. Speaker.
Thank you, Minister. Tabling of documents. Minister responsible for Housing NWT.
Mr. Speaker, I wish to table the following two documents: Followup Letter for Oral Question 93219(2), Housing; and Followup Letter for Oral Question 93319(2): Housing Partnerships.
Mr. Speaker, further to my Return to Written Question 4019(2), I wish to table the following document: Housing Expenditures in the Tu NedheWiilideh Communities.
Mahsi, Mr. Speaker.
Thank you, Minister. Tabling of documents. Minister responsible for Finance.
