Debates of October 28, 2022 (day 128)

Date
October
28
2022
Session
19th Assembly, 2nd Session
Day
128
Members Present
Hon. Diane Archie, Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O’Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon-Armstrong.
Topics
Statements

Thank you. Thank you, Madam Speaker. At this point, we don't see any transfers happening to the Tlicho for a district office to be operating out of the Tlicho region. Right now, they are considered out of the North Slave but I can follow up with the Member. We also do have our working table with the Tlicho government as well too, and I haven't this hasn't been highlighted at those tables, that they had brought this up as a concern to the government. Thank you, Madam Speaker.

Yes. Well, I've been hearing from a lot of my constituents, because sometimes when they have housing issues they have nobody to go to. And that's what I keep hearing from the people. So when they do transfer the North Slave district office and hiring more local people, then I think the program will be more effective and efficient because right now it's not working. It is not working in our region, and everything is in Yellowknife. So that's all I wanted to say. And it's more of a comment, but it's up to her if she wants to respond to it. Thank you.

Thank you, Madam Speaker. The North Slave office does travel quite frequently into the Member's riding as well. But I can bring this back to the department. But like I had said, is that it hasn't been brought up at the Indigenous government table, and it wasn't highlighted with our housing working group table as well too. But I can follow up with the Member. Thank you, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you. Member for Yellowknife North.

Question 1258-19(2): Business Incentive Policy

Thank you, Madam Speaker. My questions are for the Minister of Finance responsible for the procurement review.

When you look at schedule 3 of the Business Incentive Policy, there's a number of southern companies that have been grandfathered. I think it would be fair to frame this list as a number of monopolies that we seem to be dedicated to building up. There are three versions of Northwestel; there's Bellanca Developments; three versions of Northern Properties, all of which have been bought and sold many times; three versions of Northmart; and, 13 specified Northern Stores, some of which don't exist anymore, and most notoriously Walmart Canada.

So my question for the Minister responsible for this procurement review is when are we going to remove this list of grandfathered southern businesses from our Business Incentive Policy? Thank you, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you, Member. Minister of Finance.

Thank you, Madam Speaker. Madam Speaker, the definition of a northern business is subject to the review. There have been a lot of inputs on that. I would note I think it might well be the very same Member who had previously suggested that the definition of "northern business" should speak to the number of employees in the riding and that might make it interesting to determine whether or not Walmart should be removed or not. But when we are complete the definition, which will happen in the life of this government, we will then be in a position to update schedules according to BIP because we'll be in a position to say, again, whether or not sorry, Madam Speaker, we'll be in a position to identify who should be on the list and who falls within the definition. Thank you, Madam Speaker.

Yeah, thank you, Madam Chair. You know, I recognize that but what we've done is actually we've specified a list, and on it are a number of companies that don't exist anymore. A number of numbered companies, I have no idea what those numbered corporations are. It's really I get there's a way to define the policy and whether or not Walmart falls in it is up to, you know, probably the way we write the policy and the business incentive review committee. I don't understand why we are keeping this schedule of a list of companies, many of which are outdated and many of which have no absolutely are not warranted to be BIPed anymore. I think they have long since left any sort of employees in the North. So is the plan to get rid of this schedule method where we list a number of corporations, some of which don't exist anymore? Thank you, Madam Speaker.

Thank you, Madam Speaker. Madam Speaker, I type quickly but not enough to pull up schedule 3 in the space of time that the question was being posed. So it's not appropriate for me to be committing to what will or will not look like the final schedules when the final definition of a northern business is complete. What I can say, Madam Speaker, is I think there's a fairly reasonable possibility that there is an update to various company names and corporations, corporate documents, and that may be the explanation.

That doesn't change the bigger picture of what is the definition of a northern business, how does BIP get applied to that definition, and to ensure that it's clear so we don't wind up with multiple schedules that get year to year updated. That's not effective, and that's certainly I take that point, and I agree with that point. That's the direction we're going to and the definition for "northern business" is being worked on right now. Once that's done, the schedules will align with that or, frankly, maybe go away. Thank you, Madam Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Great Slave.

Recognition of Visitors in the Gallery (Reversion)

Madam Speaker, I would like to request unanimous consent to return to recognition of visitors in the gallery. Thank you

Unanimous consent granted

Thank you, Madam Speaker. Thank you, colleagues. I would like to recognize the crew of 62 Degrees North, a medic company here in Yellowknife, that was instrumental to helping us during the pandemic, including the production of hand sanitizer locally. So we have Matt Vincent who is the president and CEO. And with him we have Cody Earl, Brian Johnson, Kim Bailey, Sebastian Rapid, and Alex Purcell. So welcome to the gallery, I hope you enjoyed it today. Thank you

Reports of Standing and Special Committees

Committee Report 36-19(2): Report on the Review of the 2020-2021 Public Accounts

Thank you, Madam Speaker. Your Standing Committee on Government Operations is pleased to provide its report on the review of the 20202021 Public Accounts, and commends it to the House.

On December 8, 2021, the Minister of Finance tabled the 202021 Public Accounts. The public accounts are the financial statements that show the financial results of the Government of the Northwest Territories for a given year.

Each year, the Standing Committee on Government Operations reviews the public accounts. These reviews assess the credibility of the government’s financial position and provide accountability for the government’s financial results. Put differently, these reviews matter because they ask whether public money was spent prudently and as intended by the Legislative Assembly.

On June 29, 2022, committee held the public portion of its review. Committee received briefings from officials at the Office of the Auditor General and the Office of the Comptroller General. Their input was valuable to identify and clarify key issues.

In response, committee developed eight substantive recommendations to improve financial practices and reporting. These recommendations seek to achieve three goals:

Understand and address NTHSSA's growing deficit;

Enhance disclosure on environmental liabilities, resource revenues, and tangible capital assets; and

Make fiscal reporting more timely, frequent, comparable, and digital.

Committee is pleased to submit these recommendations and looks forward to their implementation.

When NTHSSA was established in 2016, its accumulated deficit stood at $51 million. Part of the promise of amalgamating the six regional health authorities was to "control spending" while "improving care." NTHSSA's creation was supposed to help use resources more effectively and improve accountability and risk management.

Yet now, six years later, NTHSSA's accumulated deficit has almost quadrupled. It stands at $194 million, up by over $140 million. The accumulated deficit has climbed because expenses have exceeded revenues by $10 to $35 million in each of the last six years.

NTHSSA reports that the reason for the operating deficit are "numerous." Five notable cost drivers include:

Cost of overtime due to staffing shortages;

Underfunded locum costs;

Unfunded or underfunded programs;

Unfunded growth in healthcare positions; and.

Underfunded COVID19 costs.

To understand and address these and other cost drivers, the GNWT has pointed to a "Financial Sustainability Plan." The plan was finalized in December 2020. Shortly afterwards, the Minister of Health and Social Services said, What we are trying to do is reduce the size of NTHSSA's deficit to zero through the health system's sustainability plan, to understand the drivers that are adding to the deficit and address those and reduce them until we get to a point where we are not budgeting with deficits for the health authorities."

It's unclear whether the Financial Sustainability Plan is on track to reach its zerodeficit goal. Early reporting suggested that the plan was delayed and staffing efforts faced difficulties. This work may have been delayed due to the COVID19 pandemic. In 2021 2022, the first full fiscal year after the plan was finalized, NTHSSA's annual deficit reached an alltime high of $34 million. Other reporting in the Health and Social Services business plan document and the NTHSSA Annual Report does not indicate whether any savings have been achieved.

The territory’s mediumterm fiscal outlook adds to our concern. The GNWT’s financial forecasts says it will run out of room to borrow money within four years, in 20262027. Meanwhile, the health system faces relentless cost pressures, an aging population, and a need to keep up with technological innovation, all while maintaining service levels. Without reforms to achieve better value from existing health system resources now, the GNWT may be forced to reduce healthcare services in the future. Committee is concerned that the GNWT's Financial Sustainability Plan may not be sufficient to ensure the healthcare system's longterm, or even mediumterm, financial sustainability. The OAG, the Office of the Auditor General, believes that the recent changes to increase financial reporting capacity at the NTHSSA are not enough, on their own, to address the persistent deficits. Committee expects to see improved performance towards attaining the healthcare system's goals while respecting budget constraints. As the Minister previously said, this work starts with a better understanding of NTHSSA's deficit. Committee therefore recommends:

That the Department of Health and Social Services provide detailed reporting and analysis on each cost driver of the Northwest Territories Health and Social Services Authority’s persistent operating deficit. The analysis should quantify how each driver contributes to NTHSSA's operating deficit. The analysis should also quantify, break down, and explain, for each driver, the difference between:

Budgeted expenses, positions, and programs; and

Actual results.

The Office of the Auditor General also raised concerns about internal controls at the NTHSSA. Internal control processes are important to protect the public sector from fraud, corruption, waste, and abuse. Internal controls also help governments measure the valueformoney of services. The OAG reported that many areas of internal controls needed improvement and noted this problem in a management letter to the authority. Better internal controls at the NTHSSA are a key element to improving the performance and restoring financial sustainability. Committee wants to reinforce accountability for the OAG's recommendations and therefore recommends:

That the Department of Health and Social Services disclose its response to the Office of the Auditor General’s 20202021 Audit Observation that many areas of internal controls need improvement at the Northwest Territories Health and Social Services Authority. The department should also disclose its action items, progress on those action items, and timeline to improve internal controls.

I will now turn it over to the MLA for Kam Lake. Thank you, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you Member for Yellowknife North. Member for Kam Lake.

Thank you, Madam Speaker.

Environmental liabilities represent the costs required to remediate contaminated sites for which the GNWT is responsible.

The 20202021 public accounts reported 277 contaminated sites with a total liability of $68 million. This liability is further broken down according to seven types of sites, such as "abandoned mines" and "landfills."

For years, committee has advocated for more transparency on the GNWT's contaminated sites. In 2018, committee recommended14 that the GNWT develop an online inventory modeled on the federal government's Federal Contaminated Sites Inventory.

The GNWT accepted that recommendation and, in the past year, released the GNWT Environmental Liabilities Dashboard.

Committee commends the GNWT for this work. The dashboard is a significant contribution toward more transparency on environmental liabilities. However, the GNWT's dashboard is missing key categories of information of interest that are available on the federal inventory. Take, for example, the Giant Mine Remediation Project, which is comanaged by the GNWT and the federal government. The GNWT's dashboard plots the site on a map, identifies the site type and contaminant of concern, and provides a brief description. The federal inventory provides this information and much more, such as the volume of contaminated media, population estimates at distances around the site, and a breakdown of remediation spending for each year.

Committee encourages the GNWT to build on its Environmental Liabilities Dashboard and provide more disclosure. Committee therefore recommends:

That the Department of Finance provide a plan with timelines to enhance reporting on the GNWT Environmental Liabilities Dashboard by matching reporting practices in the Treasury Board of Canada Secretariat’s Federal Contaminated Sites Inventory.

The public accounts reported that in 20202021, the GNWT collected $66 million in gross nonrenewable resources revenues. Nonrenewable resource revenues include mineral, quarry, oil and gas, and water revenues as defined in the Northwest Territories Lands and Resources Devolution Agreement.

The public accounts only break down the gross revenue amount into three broad categories: minerals, oil and gas royalties; licenses, rental and other fees; and quarry fees.

Committee wants to see a more detailed breakdown of each type of resource revenue and a clear presentation of gross revenues, disbursements to other governments, and the resulting net revenues for the GNWT. Thorough reporting is important to maintain the credibility of resource revenue collection and distribution.

While current reporting practices meet minimum standards in the Public Service Accounting Standards, the OAG indicated that "there is room for enhanced disclosure in a note." Committee agrees and therefore recommends:

That the Department of Finance provide more detailed resource revenue data on gross amounts received and calculations of amounts retained. This enhanced reporting should separate annual aggregate values from petroleum, mineral resources, and each other type of resource revenues.

The public accounts reported that in 20202021, the net book value of the GNWT's tangible capital assets, or TCAs, was $3.7 billion. Tangible capital assets are the buildings, roads, equipment, and other assets whose life extends beyond the fiscal year and are being used on an ongoing basis.

Each asset is amortized over its estimated useful life. Some assets may be fully amortized even if they’re still in use, making them assets with a zero book value. Committee is not aware of reporting in the public accounts on assets with zero book value. Information on accumulated amortization, which was $2.2 billion in 20202021, does not indicate how much of that amortization comes from fully amortized assets. Committee believes this type of reporting is important as an indicator of future asset replacement costs that are potentially imminent.

Committee wants to see more reporting in this area and therefore recommends:

That the Comptroller General add to the financial statement discussion and analysis section of the public accounts information on tangible capital assets with zero book value and provide a timeline for implementation.

For this review of the public accounts, committee took a special look at transparency in fiscal reporting. This kind of transparency refers to the comprehensiveness, clarity, reliability, timeliness, and relevance of reporting on public finances. Transparent fiscal reporting is important for effective fiscal management and accountability. It helps ensure members, businesses, and residents have information to hold government accountable. It provides government with accurate information to make better budget and policy decisions. And it strengthens the credibility of a jurisdiction’s fiscal health to markets.

In recent years the GNWT has made several changes to make the public accounts more transparent. Significant changes include enhancing the financial statement discussion and analysis section and more detailed disclosure in the notes. Committee appreciates the Comptroller General’s commitment to continually improve the public accounts and openness to committee recommendations.

In support of continual improvement, committee evaluated the GNWT's fiscal transparency compared with international standards – specifically, the IMF’s Fiscal Transparency Code. The IMF, an international financial institution, calls the Code "the international standard for disclosure of information about public finances." The Code includes 12 dimensions of transparency in fiscal reporting.

Committee found that the GNWT met the highest advanced standard of transparency in five of the 12 dimensions. In the remaining dimensions, the GNWT could improve its fiscal reporting practices to meet the highest international standards.

Madam Speaker, I would like to, please, pass the reading of the report on to my colleague from Thebacha.

Speaker: DEPUTY SPEAKER

Thank you, Member. Member for Thebacha.

Government of the Northwest Territories performance on 12 international best practices of fiscal transparency

There are three categories the dimension, the principle, and the rating of the government practices.

Coverage of Institutions. Fiscal reports cover all entities engaged in public activity according to international standards. We got an "advanced" for that.

Coverage of stocks. Fiscal reports include a balance sheet of public assets, liabilities, and net worth. Advanced.

Coverage of flows. Fiscal reports cover all public revenues, expenditures, and financing. We got advanced for that.

Statistical integrity. Fiscal statistics are compiled and disseminated in accordance with international standards. Advanced.

External audit. Annual financial statements are subject to published audit by an independent supreme audit institution which validates their reliability. Advanced.

Timeliness of annual financial reports. Audited or final annual financial reports are published in a timely manner. We got a "good" for that.

Internal consistency. Fiscal reports are internally consistent and include reconciliations between alternative measures of summary fiscal aggregates. We got "good" for that.

Classification. Fiscal reports classify information in ways that make clear the use of public resources and facility international comparisons. We got a "basic" for that.

Comparability of fiscal data. Fiscal forecasts, budgets, and fiscal reports are presented on a comparable basis with any diversifications explained. Basic.

Coverage of tax expenditures. The government regularly discloses and manages revenue loss from tax expenditures. Less than basic.

Frequency of inyear reporting. Inyear fiscal reports are published on a frequent and regular basis. Less than basic.

Historical revisions. Major revisions to historical fiscal statistics are disclosed and explained. Unclear.

Committee believes the GNWT should and can meet the highest standards of transparency. To that effect, committee is advancing recommendations to improve in three areas:.

The timeliness of annual financial statements;

The frequency of inyear reporting; and

The comparability of fiscal data.

Committee recognizes that our recommended improvements will take place. The improvements imply significant administrative, technological, policy, and even legislative work. The most significant challenge may be to develop the internal government collaboration needed to produce greater external transparency. With these factors in mind, committee is seeking the GNWT's commitment to take steps, with timelines, towards reaching the highest standards of fiscal transparency.

Timeliness refers to the time lag between the end of the fiscal year – March 31st – and when the public accounts are published. Timely publication is critical to ensure that past fiscal performance can inform future budgets. It also ensures that any irregularities identified by auditors can be addressed quickly. Several international organizations, such as the IMF, recommend releasing the public accounts within six months of the fiscal yearend. The GNWT does not meet this standard. Legislation only requires the GNWT to complete the public accounts within nine months. Over the past five years, the GNWT has released the public accounts seven to nine months after fiscal yearend.

Release date of the public accounts since 2017

The years for 2017 for the public account year, release month was November 2017, which was eight months.

For 2018, it was released on October 2018, which is seven months.

2019, December 2019 was nine months.

2020, December 2020, it was nine months.

2021 was released on November 2021, which was eight months.

While the Comptroller General is required to produce an interim financial report within six months of fiscal yearend, this practice falls short of the international best practice. The interim financial report is nonconsolidated, unaudited, and generally not available to the public. Committee believes a timelier release of the public accounts is achievable. Yukon’s Department of Finance, for example, is working with consolidated entities and the OAG to move up the release of the Public Accounts. Committee therefore recommends:

That the Department of Finance amend the Financial Administration Act, section 35, to move the required release date of the public accounts by three months, from December 31 to September 30.

I will now turn the next item over to MLA Johnson from Yellowknife North.

Speaker: DEPUTY SPEAKER

Thank you, Member. Member for Yellowknife North.

Thank you, Madam Speaker.

Frequency of inyear reporting refers to publishing information on government revenues, spending, and debt financing over the course of the fiscal year and comparing these results with the budget. Frequent and regular inyear fiscal reports are important because they provide information on progress implementing the budget. This helps inform budget preparation for the next year. Inyear reports also require government to create and enforce procedures to collect and consolidate data across public sector entities.

The GNWT does not appear to meet the "basic" level on this international standard: to publish inyear fiscal reports on a quarterly basis, within a quarter. In fact, committee is not aware of any inyear fiscal reports that the GNWT regularly releases to the public. Though the GNWT released an inyear fiscal update in 2021, this practice is not routine. That document also did not offer data tables to compare the results with the actual budget.

Other jurisdictions produce regular inyear fiscal reports. The federal government releases quarterly and monthly fiscal reports. Yukon releases a detailed semiannual interim fiscal and economic update.

Committee wants to see more transparency on the GNWT's inyear progress implementing the budget, and therefore recommends:

That the Department of Finance take steps to publish inyear fiscal reports on a quarterly basis, within a month, and provide a timeline for implementation.

Comparability refers to how information is presented in the public accounts to make easy comparisons over time and with other fiscal documents, like the budget. Comparable fiscal data matter because they enhance the integrity and transparency of government finances.

A key aspect of comparability is the use of consistent classifications in fiscal documents. There are four main internationally adopted classifications used for fiscal data:

Administrative, which identifies the department responsible for a financial item;

Economic, which identifies the type of spending, such as salaries or travel;

Functional, which identifies the socioeconomic objective of a financial item, and

Program, which consists of a set of activities to achieve a policy objective.

The GNWT's budget and main estimates documents use, more or less, all four types of classification. By contrast, the public accounts use only three types, leaving out program classifications. The discrepancy makes it harder for users of the public accounts to scrutinize how well the GNWT implemented the budget.

An additional barrier to fiscal comparability is publication format. To committee’s knowledge, the only publication format for the budget and the public accounts is PDF. Each PDF is limited to a single year’s data, making it onerous and even prohibitive for users to manipulate the data and assess longterm trends beyond those included in the discussion and analysis section.

Take, for example, a public accounts user trying to assess the GNWT's spending on child and family services over the past ten years. The user would have to locate, open, and search ten PDF documents. This task would be practical on only certain devices. While the user would find reference to spending at the Department of Health and Social Services, an administrative data classification, they would not find information on how child and family services, a program classification. This example illustrates how the current publication format and data classifications reduce the usefulness of the public accounts.

Other jurisdictions provide examples of digital publication formats that make it easier to use the public accounts. Ontario provides a searchable, webbased table of spending items broken down by program, as well as .csv data files highlighting fiveyear fiscal trends. Quebec displays webbased graphs of highlevel fiscal aggregates with ten years of historical data and links to the relevant page in the traditional public accounts document. And Yukon’s Department of Finance is implementing a recommendation from its public accounts committee to digitize its public accounts.

Committee wants to see changes to make information in the public accounts more comparable over time and with the budget, using userfriendly publication formats. Committee therefore recommends:

That the Department of Finance take steps to digitize the public accounts and provide a timeline for the implementation and anticipated costs. The digitized presentation of financial results should align with the administrative, economic, functional, and program classifications used in the budget and main estimates documents.

This concludes the Standing Committee on Government Operations' Report on the review of the 20202021 Public Accounts. 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, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you Member for Yellowknife North.

Madam Speaker, I move, second by the honourable Member for Thebacha, that the Standing Committee on Government Operations Report on the Review of the 20202021 Public Accounts be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you, Member for Yellowknife North. The motion is in order. The motion is nondebatable. All those in favour? All those opposed? Abstaining? Motion is carried. Committee Report 3619(2) is referred to Committee of the Whole for Tuesday, November 1st, 2022.

Carried

Tabling of Documents

Tabled Document 747-19(2): Supplementary Estimates (Infrastructure Expenditures), No. 2, 2022-2023

Tabled Document 748-19(2): Supplementary Estimates (Operations Expenditures), No. 2, 2022-2023

Tabled Document 749-19(2): Public Accounts of the Government of the Northwest Territories for the Year Ended March 31, 2022, Section III - Interim Non-Consolidated Financial Statements

Tabled Document 750-19(2): Budget Dialogues 2022: What We Heard Report, June-July 2022

Tabled Document 751-19(2): Recommendations: NWT Liquor Legislation Review

Tabled Document 752-19(2): Public Service Annual Report 2021/2022

Tabled Document 753-19(2): Northwest Territories Liquor and Cannabis Commission 68th Annual Report

Thank you, Madam Speaker. Madam Speaker, I have a number of documents for tabling, please. The Supplementary Estimates (Infrastructure Expenditures), No. 2, 20222023; Supplementary Estimates (Operations Expenditures), No. 2, 20222023; Public Accounts of the Government of the Northwest Territories for the Year Ended March 31, 2022 Interim NonConsolidated Financial Statements; Budget Dialogues 2022: What We Heard Report; Recommendations: Northwest Territories Liquor Legislation Review; Public Service Annual Report 20212022; and, Northwest Territories Liquor and Cannabis Commission 68th Annual Report. Thank you, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you, Minister. Tabling of documents. Minister of Justice.

Tabled Document 754-19(2): Northwest Territories Law Foundation 39th Annual Report for the Period Ending June 30, 2021

Tabled Document 755-19(2): Territorial Police Service Agreement RCMP Annual Report 2021-2022

Thank you, Madam Speaker. I wish to table the following two documents: Northwest Territories Law Foundation 39th Annual Report for the Period Ending June 30, 2021; and, Territorial Police Service Agreement RCMP Annual Report 20212022. Thank you, Madam Speaker.

Speaker: DEPUTY SPEAKER

Thank you, Minister. Tabling of documents. Minister responsible for NWT Power Corporation.

Tabled Document 756-19(2): Northwest Territories Power Corporation and Northwest Territories Hydro Corporation Annual Report 2021-22

Madam Speaker, I wish to table the following document: Northwest Territories Power Corporation and Hydro Corporation Annual Report 20212022. Quyananni, Madam Speaker.

Speaker: DEPUTY SPEAKER

Quyananni. Tabling of documents. Member for Hay River South.

Tabled Document 757-19(2): Plain Language Summary for Bill 58: An Act to Amend the Legislative Assembly and Executive Council Act

Tabled Document 758-19(2): Plain Language Summary for Bill 59: An Act to Amend the Elections and Plebiscites Act