Debates of February 27, 2023 (day 141)

Date
February
27
2023
Session
19th Assembly, 2nd Session
Day
141
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, Hon. Julie Green, 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

Question 1394-19(2): Education, Culture and Employment Infrastructure Fund

Thank you, Mr. Speaker. Mr. Speaker, my questions today are for the Minister of Education, Culture and Employment in regards to the early childhood infrastructure fund. Currently the fund is set at $1 million every year, and I'm wondering if there is a plan to increase this fund given ECE's current child care goals? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. Minister responsible for Education, Culture and Employment.

Thank you, Mr. Speaker. No one would like to see this fund increased more than myself. I could take a win right now but I don't have a million dollars in my back pocket. The budget is, you know, it's before committee right now. And so the Member is aware what the budget for this upcoming year is, and it will be $1 million. In the future, I'm sure the budget will increase but it is not in the immediate future. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, during a March 2022 public hearing with the Standing Committee on Social Development, the Minister and staff stated that increases to the fund would be made in, quote, "considerations for project going forward based on need." So I'm wondering if the fund isn't intended to increase, how potentially would the Minister be able to accomplish this based on need, and what would be used as determinants of need? Thank you.

Thank you, Mr. Speaker. And this is one avenue that organizations can pursue to get new child care infrastructure or assist with that. Indigenous governments also have their own child care agreements with the federal government and so there could be funds through there. The early childhood infrastructure fund is proposalbased and so "proposals" very widely in terms of what they're proposing, the cost of what they're proposing. But what the fund is intended to do is support more spaces. So adding spaces to existing programs or creating new spaces.

We looked at communities where there is established demands, such as Yellowknife. We also look at communities with no child care to ensure that there is equitable access. The proposals need to demonstrate a need for the early learning and child care in their community. There must also be a plan for the delivery of a licensed program once it becomes operational. It's not just we want a building; we also the department also needs to see a plan for once that building is in use. Thank you.

Thank you very much, Mr. Speaker. Mr. Speaker, based on the high demand of child care in some communities, I'm wondering if this fund, if it is able to provide full funding to some programs based on what is left in the pot or if the department of education has a maximum of what they're prepared to provide to child care centres? Thank you.

Sorry, Mr. Speaker. I might have missed the question, but we have $1 million in the fund, and based on the programs that apply that's how we make a determination. So sometimes there may only be a few programs that actually qualify based on the proposal. And so those programs, as we've seen in the past, can get some significant amounts of funding. And I apologize if I missed the Member's statement. I will say that we have also overspent. I believe we spent $1.28 million last year on this because there was a number of good proposals, and there was a demonstrated need that we wanted to support. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary. Member for Kam Lake.

Thank you very much, Mr. Speaker. Mr. Speaker, my previous question was in regards to whether or not the fund can fund an entire project or if it can only fund a portion of a project. But my next question and if the Minister is able to answer that, great. And the reason that I ask this is that in my statement I also talked about the Yellowknife Daycare Association who paid just over $4 million before the pandemic, before inflation, before the high cost higher cost of building in the Northwest Territories for 104 spaces. If the goal of ECE is to create 300 new spaces, the $1 million absolutely won't cut it. And I appreciate the Minister acknowledging that he too would like to see an increase in this fund. And so my concern is that if for some communities who don't have the ability to go out and do some own source revenues, if daycare centres are kind of being dictated what their increases can be, there's some concern about how they're going to turn around and pay for a potentially really high cost of building infrastructure spaces. And so I'm wondering if the GNWT is expecting to plan for some or some infrastructure increases within the child care agreement through the federal government going forward to address this huge infrastructure deficit and this need in the territory? Thank you.

Thank you. So every time we speak to the federal government, we talk about the cost of infrastructure in the Northwest Territories. I think that we're all aware of the cost but when we speak to federal officials and politicians, it's clear that they're often taken aback by the cost. So we do our best at the officials level, at the political level, to hammer home, you know, the reality of the cost in the North and the changes we've seen over the past few years. We've seen costs double, triple, and even more than that. So we are working with the feds on this. We are doing our best to look at what we have internally and how we can best use that and at the same time looking for additional resources from the federal government. Thank you.

Returns to Written Questions

Return to Written Question 55-19(2): Public Access to Forestry Decisions and Decision-Making

Speaker: Mr. Tim Mercer

Mr. Speaker, I have a Return to Written Question 5519(2) asked by the Member for Frame Lake on February 7, 2023, to the Minister of Environment and Natural Resources regarding public access to forestry decisions and decisionmaking.

The Member enquired about the number of instances where decisions and authorizations have been made under the Forest Management Act and the Forest Protection Act and if they are publicly available. In addition, the Member also requested "an explanation of how the department intends to implement the provisions of the Open Government policy as part of the new Forest Act." Later today, at the appropriate time, I will table this information. Thank you, Mr. Speaker.

Reports of Committees on the Review of Bills

Bill 65: Builders’ Lien Act

Thank you, Mr. Speaker. Mr. Speaker, your committee would like to report on its consideration of Bill 65, Builders’ Lien Act.

Bill 65 received second reading in the Legislative Assembly on November 3rd, 2022 and was referred to the Standing Committee on Social Development for review.

On January 18th, 2023, the committee held a public hearing with the Minister of Justice and expressed concerns with the bill, including the level of consultation completed prior to introduction of the bill. Following the public hearing, the Government House Leader requested that committee seek an extension on the review period for Bill 65.

Therefore, Mr. Speaker, in accordance with Rule 8.3(2) of the rules of the Legislative Assembly of the Northwest Territories, I move, seconded by the honourable Member for Great Slave, that the review period for Bill 65, Builders’ Lien Act, be extended by 120 days sorry, Mr. Speaker, thank you very much.

I move, seconded by the honourable Member for Inuvik Twin Lakes, that the review period for Bill 65, Builders’ Lien Act, be extended by 120 days. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. The motion is in order. To the motion?

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called. All those in favour? All those opposed? Any abstentions? Motion is carried.

Carried

Reports of committees on the review of bills. Member for Yellowknife North.

Bill 66: An Act to Amend the Property Assessment and Taxation Act

Thank you, Mr. Speaker. Committee would like to report on its consideration on Bill 66, An Act to Amend the Property Assessment and Taxation Act, as ready for consideration in Committee of the Whole. Thank you, Mr. Speaker.

Reports of Standing and Special Committees

Committee Report 41-19(2): Interim Report on Bill 65, Builders Lien Act

Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Social Development is pleased to provide its interim report on Bill 65, Builders’ Lien Act, and commends it to the House.

Bill 65, Builders’ Lien Act, was referred to the Standing Committee on Social Development for review on November 3rd, 2022. A plain language summary for Bill 65 was tabled on the same day. The sponsoring department for Bill 65 is the Department of Justice. During committee's review and public hearing on Bill 65, inquiries focused on applying the Builders’ Lien Act to the Government of the Northwest Territories, Indigenous governments, and municipalities, including questions on how provisions related to lands owned by those entities would work. Committee had already raised concerns and considered amendments to the proposed legislation, particularly concerning types of lands subject to the bill and GNWT's engagement with Indigenous and municipal governments in developing the bill.

During the public hearing on January 18th, 2023, committee expressed concerns regarding the level of consultation done by the department prior to the introduction of Bill 65. During the same hearing, the Minister of Justice committed to working with committee, doing further engagement, and improving the bill.

Following the public hearing, the Government House Leader requested that committee seek an extension of the review period under Rule 8.3(2) to allow the Department time to engage in discussions with Indigenous governments, municipalities, and industry about committee's concerns.

The purpose of Bill 65 is to modernize the Northwest Territories lien legislation as it concerns construction. The existing Mechanics Lien Act has not changed substantially in over 100 years. Since then, practices and contractual arrangements in construction and real property development have changed considerably and continue to evolve. At the core of this legislation lies the intent to ensure that contractors and subcontractors are paid for the work and materials they have provided.

The builders’ lien legislation would also regulate the way payments are made in the construction industry and protect the participants in a construction project against the failure of others to pay for the work or materials provided. Several Canadian jurisdictions have also updated their builders’ lien legislation, including Ontario in 2019, British Columbia in 2020, and Alberta in 2022.

Bill 65 applies to activities involving the creation, repair, or alteration of an "improvement" to land or alteration of the land itself. This includes buildings and structures above and below ground and could consist of culverts, driveways, utility lines, pipelines, excavations and nearly all active modification of the surface and subsurface of the land, including demolition or removal of structures.

Committee reviewed Bill 65 and found there is room for changes or clarification in the following areas:

Ensuring the GNWT is bound.

Ensuring that Bill 65 treats all governments equally.

Ensuring that land, resources and selfgovernment agreements prevail where there is conflict or inconsistency.

Exempting three categories of land from sale and seizure: public lands and lands owned by agencies on behalf of the Government of the Northwest Territories, settlement lands, and municipal lands.

Considering that lands withdrawn from disposition for the purpose of pending treaties also be exempt from seizure and sale.

In the initial review, committee perceived that GNWT did not give enough consideration to the thought that settlement lands may not be sold. Members found that any sale of lands requires recognition of the land for a heightened sensitivity in the analysis and preparation of legislation.

Committee included Indigenous governments and organizations in the initial review during the engagement period, however, committee did not receive submissions. Members see it as necessary to have communication on Bill 65 going directly to Indigenous governments.

Committee members determined that Indigenous governments and communities as well as industry must have an opportunity to provide input.

Committee decided to wait for the outcome of the department's consultations before taking a final view on any amendments to Bill 65. Committee is willing to work collaboratively with the department and looks forward to considering the results and recommendations from the department's engagement. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. Reports of standing and special committees. Member for Kam Lake.

Thank you, Mr. Speaker. Mr. Speaker I'm talking too fast even for myself.

Motion to receive Committee Report 41-19(2) and move into Committee of the Whole, Carried

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. The motion is in order. To the motion?

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Bill 65 has been adopted by the Assembly.

Carried

Reports of standing and special committees. Member for Yellowknife North.

Bill 66: An Act to Amend the Property Assessment and Taxation Act, Received and Moved into Committee of the Whole

Speaker: MR. SPEAKER

Thank you, Member for Yellowknife North. Reports of standing and special committees. Member for Yellowknife North.

Mr. Speaker, I move, seconded by the Member for Thebacha, that Committee Report 4219(2), Report on Bill 66, An Act to Amend the Property Assessment and Taxation Act, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Yellowknife North. The motion is in order. To the motion?

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Committee Report 66 has been received and will be moved into Committee of the Whole for further consideration.

Carried

Tabling of Documents

Tabled Document 843-19(2): Government of the Northwest Territories Response to Committee Report 37-19(2): Report on the Review of the 2022 Audit of Addictions Prevention and REcovery SErvices

Tabled Document 844-19(2): Addictions Prevention and REcovery SErvices Work Plan (2022-2024)

Tabled Document 845-19(2): Follow-up Letter for Oral Question 1319-19(2): REgistered Nurses Licensing Program

Tabled Document 846-19(2): Follow-up Letter for Oral Question 1385-19(2): Midwifery Program

Mr. Speaker, I wish to table the following four documents: Government of the Northwest Territories Response to Committee Report 3719(2): Report on the Office of the Auditor General's Audit on Prevention and Recovery Services; Addictions Prevention and Recovery Services Work Plan (20222024); Followup Letter for Oral Question 131919(2): Registered Nurses Licensing Process; and, Followup Letter for Oral Question 138519(2): Midwifery Program. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

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

Tabled Document 847-19(2): Follow-up Letter for Oral Question 1341-19(2): Civil Forfeiture

Mr. Speaker, I wish to table the following document: Followup Letter for Oral Question 134119(2): Civil Forfeiture. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Tabling of documents. Minister responsible for Workers' Safety and Compensation Commission.

Tabled Document 848-19(2): Annual Report 2018 Workers’ Advisor Office Northwest Territories and Nunavut – Towards Recovery

Tabled Document 849-19(2): Workers’ Advisor Office Northwest Territories and Nunavut 2022 Annual Report

Thank you, Mr. Speaker. I wish to table the following two documents: Annual Report 2018 Workers' Advisor Office - Towards Recovery; and, Workers' Advisor Office Northwest Territories and Nunavut 2022 Annual Report. Mahsi, Mr. Speaker.