Thank you, Member for Deh Cho. The motion is in order. To the motion? Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.
Carried
Reports of standing and special committees. Member for Kam Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee report 6119(2), Standing Committee on Social Development Report on the Review of Bill 81: An Act to Amend the Education Act, No. 2, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. The 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. Committee report is deemed read.
Reports of standing and special committees. Member for Kam Lake.
I have nothing else.
Reports of standing and special committees. Member for Deh Cho.
Mr. Speaker, your Standing Committee on Economic Development and Environment is pleased to provide its Report on Review of Bill 78: Waste Reduction and Resource Recovery Act.
And, Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee report 6319(2), Standing Committee on Economic Development and Environment Report on the Review of Bill 78: Waste Reduction and Resource Recovery Act, be deemed read and printed in Hansard in its entirety.
Thank you, Member for Deh Cho. The 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. Committee report 78 is deemed read.
Carried.
Bill 78: Waste Reduction and Resource Recovery Acti (Bill 78) received second reading on March 29, 2023, and was referred to the Standing Committee on Economic Development and Environment (Committee) for review. Bill 78 repeals and replaces the Waste Reduction and Recovery Act (Act), which has only had minor amendments since coming into force in 2003.
Bill 78 is intended to improve how the Government of the Northwest Territories (GNWT) manages waste reduction and resource recovery in the NWT by broadening the regulatory framework in accordance with GNWT’s June 2019 Waste Resource Management Strategy and Implementation Plan, which set out the goals of preventing waste at the source, diverting waste from disposal, and improving “waste disposal facilities and practices.”
The new act changes the following:
• Enables any new regulations required to implement amendments.
• Enables Extended Producer Responsibility (EPR) programs, which could shift responsibility for managing the disposal phase of consumer products and packaging from communities and taxpayers to producers.
• Clarifies Environment Fund contributions, disbursements, and administration.
• Expands the Minister’s authority to appoint officers, to delegate responsibilities, to enter into agreements, and to create landfill disposal bans.
• Extends how long prosecution can happen after an alleged offense.
• Updates and modernizes enforcement and inspection provisions.
• Enables more responsive surcharges and fees through Ministerial Regulations.
• Redefines and clarifies terminology.
Committee sought public feedback on Bill 78 with a public notice and targeted engagement letters. On June 1, 2023, Committee held a public hearing in Yellowknife to review Bill 78. At that meeting, Committee heard remarks from the Minister of Environment and Climate Change and his staff.
One area of concern identified was the need to provide clarity and certainty with respect to the Minister’s authority to enter into waste management agreements, and where information about these agreements would be publicly available. The Minister and his staff committed to look at these practices and to make information available on a website maintained by the department.
Committee initially expressed concerns about how EPR programs and other waste reduction initiatives might impact small communities in the NWT and questioned whether subsidies would cover the cost for implementation. The department says it consulted Indigenous Governments during the engagement process. Committee previously sent stakeholder letters to small communities and Indigenous Governments. Committee was pleased to hear that small communities are represented on the Waste Reduction and Recovery Advisory Committee and that new initiatives would be a net benefit to small communities. The department is already actively working to reduce the build-up of materials in landfills that may later be prohibited by new regulations. The Minister commented that the new Act will have no impact on Indigenous Land Rights or self government agreement. Staff also noted that Indigenous Governments and small communities would be consulted during the development of regulations under the new Act.
Committee also raised concerns about bottle recycling, particularly establishing a new, satellite recycling facility in downtown Yellowknife. Committee asked questions about staffing the new depot, having cash on site for patrons, its location, and the feasibility of adding more recycling and waste disposal initiatives (i.e., removing tires from the waste cycle through EPR programs). Committee welcomed more of these initiatives.
Recommendation 1: Standing Committee on Economic Development and Environment recommends that the GNWT and the Department of Environment and Climate Change continue their efforts toward opening a second recycling facility in Yellowknife to improve access for residents and increase waste recovery. The Department should continue to explore new technology and methods towards waste reduction, diversion and recycling while creating local employment. Committee, therefore, further recommends that this second recycling facility be a staffed site with cash available to pay patrons.
Typically, Committee includes a recommendation in each report requesting a response from government within 120 days. The recommendation is then moved as a motion in the House and Cabinet is required to respond. However, since the 19th Legislative Assembly will dissolve in less than 120 days, Committee requests that the government provide a public response to this report at the earliest opportunity. Committee also asked questions about whether the GNWT was investigating the disposal of industrial waste at accepted waste sites and how new initiatives might benefit the Remediation Economy.
Committee discussed seeking public input and the need for engagement before the creation of regulations under the new Act. For instance, Committee expressed an interest in more reporting and the need for transparency regarding the Environment Fund, as well as practical concerns about how EPR programs might affect residents trying to recycle tires for example, and whether they would have to bring that tire to a store rather than their local Solid Waste Facility.
After careful consideration, Committee supported five motions amending Bill 78. Committee negotiated the exact wording with the GNWT.
Both Committee and the GNWT supported the idea of making the Minister’s delegated responsibilities and agreements public and that it was practical to publish agreements on the department’s website. Committee and the GNWT agreed to add language after clauses 4(2), 4(5), and 16(3) regarding public notice. These changes would make public notice requirements mandatory for disposal bans and consistent with the provisions for public notice on prohibited materials.
Three motions reflecting these changes were passed and received concurrence from the Minister at the clause-by-clause review.
Committee recognizes that Waste Reduction and Recovery Advisory Committee plays an important role in bringing together various voices from communities, the private sector and the public about waste management initiatives. Committee discussed these bodies with the Minister at the Public Hearing and was of the view that the continuation of the current Committee should be a requirement and not at the discretion of the Minister. Committee and the GNWT agreed that changing the word “may” to “shall” in clause 5 would require the continuation of the Advisory Committees, their function, and the appointment of members. Committee agreed with the Department that the Minister should have the authority to establish more than one Advisory Committee. A motion reflecting these changes was passed at the clause-by-clause review and received Ministerial concurrence.
Committee is of the view that the Environment Fund is an important mechanism for cost recovery, encouraging better waste management, and creation of local employment but that there should be greater accountability through publication of a summary of its financial position. Following Committee’s discussion of the Environment Fund and finances at the Public Hearing, Committee and the GNWT agreed to adding language after clause 17 about audited financial statements and publishing these on the department’s website. A motion reflecting this change was passed at the clause-by-clause review and received Ministerial concurrence.
On July 5, 2023, Committee held a clause-by-clause review. Committee passed the motions to report Bill 78, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole (the Motions are found in Appendix A).
In the House on September XX, Bill 78: Waste Reduction and Resource Recovery Act, will be orally reported as ready for further consideration in Committee of the Whole. This concludes Standing Committee’s review of Bill 78: Waste Reduction and Resource Recovery Act.
Reports of standing and special committees. Member for Deh Cho.
Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee report 6319(2), Standing Committee on Economic Development and Environment Report on the Review of Bill 78: Waste Reduction and Resource Recovery Act, be received and adopted by the Assembly. Mahsi, Mr. Speaker.
Thank you, Member for Deh Cho. The 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. Committee report has been received and adopted.
Carried
Reports of standing and special committees. Member for Deh Cho.
Mr. Speaker, your Standing Committee on Economic Development and Environment is pleased to provide its Report on Review of Bill 84: An Act to Amend the Northwest Territories Business Development and Investment Corporation Act.
And, Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee report 6419(2), Standing Committee on Economic Development and Environment Report on the Review of Bill 84: An Act to Amend the Northwest Territories Business Development and Investment Corporation Act, be deemed read and printed in Hansard in its entirety. Mahsi, Mr. Speaker.
Thank you, Member for Deh Cho. The 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. Committee report is deemed read.
Carried
Bill 84: An Act to Amend the Northwest Territories Business Development and Investment Corporation Act (Bill 84) received second reading on March 30, 2023, and was referred to the Standing Committee on Economic Development and Environment (Committee) for review. Bill 84 amends the Northwest Territories Business Development and Investment Corporation Act which has only had minor amendments since originally coming into force.
Bill 84 will amend the Northwest Territories Business Development and Investment Corporation (BDIC), which was established on April 1, 2005, and is a Crown Corporation of the Government of the Northwest Territories (GNWT). The BDIC’s role is promoting and maintaining economic development and employment in the NWT. This role has both economic and social aspects. BDIC provides a range of loans, financial programs, and other services aimed at helping northern business succeed by promoting financial independence, economic development, and diversity in the northern economy. BDIC also undertakes economic development initiatives itself in the interest of job creation in small communities and diversification of the NWT economy. Committee supports these initiatives, especially as they coincide with the recommendations in our report on Supporting Northern Businesses. BDIC itself underwent through previous external reviews in 2013, 2014 and 2019. Committee noted that those reviews did not result in legislative change until this Bill was brought forward.
Bill 84 proposed the following:
• change the name of the Act to the Prosper Northwest Territories Act and will continue the BDIC as Prosper NWT (which was not part of the public engagement on the Bill or a recommendation from the two previous external reviews);
• clarify when a corporation will be considered a subsidiary of Prosper NWT for the purposes of the Act and will give the Minister the authority to modify Prosper NWT’s non-financial support programs to better respond to emerging business needs;
• give Prosper NWT the power to provide NWT businesses with non-financial supports and assistance that are not part of established programs and continue to give Prosper NWT the authority to provide financial support to business enterprises and subsidiaries;
• remove the requirement in the Act for periodic reviews and streamline the requirements for audits/reviews set out in the Financial Administration Act
• clarify conflict of interest provisions under the Act as well as clarify when businesses are considered related; and
• make consequential amendments to the Financial Administration Act, the Ombud Act, and the Public Service Act
Committee sought public feedback on Bill 84 with a public notice and targeted engagement letters. On May 10, 2023, Committee held a public hearing in Yellowknife to review Bill 84. At that meeting, Committee heard remarks from the Minister of Industry Tourism and Investment (ITI), and from Joyce Taylor, Chief Executive Officer of BDIC. Committee also listened to statements made by members of the public in support of both the BDIC and the proposed legislative changes.
Committee voiced concerns about the BDIC board’s composition. These concerns included: vacant board positions, issues of quorum, the lack of a chairperson, extensions to board appointments, and no representation from small communities.
Committee, through correspondence with the Minister of ITI, received a copy of a competency matrix for selecting board members and then developed an amendment to Bill 84 that would help ensure the board’s composition would reflect the regions and industries in the Northwest Territories.
However, after receiving a written submission expressing concerns about BDIC’s proposed name change and a lack of accountability, Committee had further concerns about the board and the recent brand audit which had prompted BDIC to change their name.
Committee attempted several times to acquire the brand audit report from the Minister and BDIC itself without success. The report was finally provided to Committee following the preparation of a draft notice to compel the production of the information. When the document was provided, Committee could find very little information that actually supported the name change and requested additional information which was supplied.
Committee is of the view that while there is considerable benefit to passing Bill 84 as drafted with the amendment concerning the BDIC board composition. These changes also reflect the recommendations brought forward in the two previous external reviews.
However, concerns remain that both the Committee and the public have not been provided with enough information about the name change and brand audit to show that BDIC’s approach to rebranding at this time is reasonable. Committee notes that the rebranding and name change were not part of the public engagement process that was undertaken to develop Bill 84. Committee believes better collaboration and engagement to access and provide input into the BDIC’s rebranding efforts would have allowed for a stronger Bill.
Recommendation 1: Standing Committee on Economic Development and Environment recommends that the Business Development and Investment Corporation publicly release the rebranding audit and related information on a name change as part of a broader public engagement on rebranding and a possible name change.
With the lack of public information about the BDIC’s rebranding efforts, Committee explored the possibility of drafting motions to move that all name-change clauses be removed from Bill 84. However, after consideration this was thought too onerous. Ultimately, the delays during the review process and the lack of transparency informed Committee’s decision to report Bill 84 to the Legislative Assembly as not ready for consideration in Committee of the Whole.
Committee is mindful that there is little time left in the 19th Assembly to allow for public engagement on changing the name of the BDIC. Committee also recognizes that the development of planned strategic direction such as rebranding the corporation is likely the most important duty the BDIC board can undertake. Regarding the current need for further board appointments, Committee encourages the Minister to make new board appointees to fill gaps after the upcoming election.
Recommendation 2: Standing Committee on Economic Development and Environment recommends that the Minister of Industry, Tourism and Investment work the Business Development and Investment Corporation to introduce a Bill early in the life of the next Assembly to respond to the recommendations from the previous external reviews and public engagement on rebranding and a name change.
On July 25, 2023, Committee held a clause-by-clause review.vi Based on Committee’s concerns about changing the name of the BDIC, the need for public accountability, and transparency stated above, Committee passed a motion to report Bill 84 to the Legislative Assembly as not ready for consideration in Committee of the Whole.
Typically, Committee includes a recommendation in each report requesting a response from government within 120 days. The recommendation is then moved as a motion in the House and Cabinet is required to respond. However, since the 19th Legislative Assembly will dissolve in less than 120 days, Committee requests that the government provide a public response to this report at the earliest opportunity.
This Concludes Standing Committee’s Review Of Bill 84: An Act to Amend the Northwest Territories Business Development and Investment Corporation Act.
Reports of standing and special committees. Member for Deh Cho.
Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee report 6419(2), Standing Committee on Economic Development and Environment Report on Review of Bill 84: An Act to Amend the Northwest Territories Business Development and Investment Corporation Act, be received and adopted by the Assembly. Mahsi, Mr. Speaker.
Thank you, Member for Deh Cho. The 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. Bill 84 is received and adopted.
Carried
Audit Report and Unspent Funds on Internet Connectivity; Followup Letter for Oral Question 148819(2): GNWT Indigenous Language System; and, Followup Letter for Oral Question 155719(2): Land Leases. Thank you, Mr. Speaker.
Thank you, Minister. Tabling of documents. Madam Premier.
Federal Day School; and, Followup Letter for Oral Question 154119(2): Government of the Northwest Territories Committed to United Nations Declaration on the Rights of Indigenous Peoples Implementation. Thank you, Mr. Speaker.
Thank you, Madam Premier. Tabling of documents. Minister responsible for Justice.
Mr. Speaker, I wish to table the following two documents: Followup Letter for Oral Question 151019(2): Searching for Frank Gruben; and, Followup Letter for Oral Question 151519(2): Transparency of Corporate Registries. Thank you, Mr. Speaker.
Thank you, Minister. Tabling of documents. Minister responsible for Infrastructure.
