Debates of October 3, 2023 (day 165)

Date
October
3
2023
Session
19th Assembly, 2nd Session
Day
165
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, 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
Speaker: MR. SPEAKER

Thank you, Member for Tu NedheWiilideh. Recognition of visitors in the gallery. Member for Thebacha.

Mr. Speaker, I would also like to recognize the grand chief of the Tlicho, Jackson. I'm sure that he's finding it easier to make decisions in one day. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Thebacha. Recognition of visitors in the gallery. Member for Yellowknife South.

Thank you, Mr. Speaker. I can't see behind me, but I do believe that Mike and Shanli Carlson are still here, Mr. Speaker. They certainly were here in the House, and I am very proud to recognize them, particularly today, as residents of Yellowknife South. Miss Shanli is an absolute joy, and I am very pleased to have her around my house. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Yellowknife South. Recognition of visitors in the gallery. Member for Range Lake.

Mr. Speaker, I'd also like to recognize grand chief Lafferty. Not only did he become grand chief but he right away took agreed to take on the chair for the Council of Leaders, which now is a different chair, but shows to his honour and his courage. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Range Lake. Recognition of visitors in the gallery. Member for Nunakput.

Thank you, Mr. Speaker. I, too, would like to welcome grand chief Lafferty back to the House, former colleague and good friend of mine, and I'm really proud of his accomplishments in the last year. And you gave us Jane too; she's solid too and we're happy for Jane. And, you know, I just want to thank him for coming to take the time to visit us today and look forward to a little visit. Thank you, Mr. Speaker.

Reports of Standing and Special Committees

Committee Report 75-19(2): Report on the Review of the Rules of the Northwest Territories Legislative Assembly, No. 2,

Thank you, Mr. Speaker. Your Standing Committee on Rules and Procedures is pleased to provide its Report on the Review of the Rules of the Northwest Territories Legislative Assembly, No. 2, and commends it to the House.

Mr. Speaker, I move, second by the Member of Hay River South, that the Committee Report 7519(2) is deemed read and printed into Hansard in its entirety. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Nunakput. 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. The committee report is deemed read.

Carried

The Standing Committee on Rules and Procedures (Committee) is pleased to report on its review the Rules of the Northwest Territories Legislative Assembly. With the 19th Legislative Assembly coming to end the Committee has reviewed the current Rules of the Northwest Territories Legislative Assembly (the Rules) and is making recommendations to better streamline administrative functions of the parliamentary process of the Northwest Territories. Committee is also making recommendations that the rules be updated to recognize the adoption of the Consensus Government Process Convention on the Introduction and Enactment of Bills Drafted Pursuant to the Intergovernmental Council Legislative Development Protocol.

Drafted Pursuant to the Intergovernmental Council Legislative Development Protocol was signed by Premier, Chair of Caucus and Chair of the Standing Committee on Accountability and Oversight on March 6, 2023 and was tabled in the Assembly on March 8, 2023.

The Process Convention includes the extension of the referral to standing committee for bills drafted pursuant to the Protocol from 120 to 180 days, the timelines for the consideration of proposed committee amendments and the attendance of IGC representatives in standing committee meetings, in Committee of the Whole and at the formal Assent ceremony following Third Reading of a bill. It is important to note that although The Rules do not address Legislative Proposals, the Process Convention on Standing Committee Review of Legislation does outline the process.

The Standing Committee on Rules and Procedures has recommended that the Process Convention on the Introduction, Consideration and Enactment of Bills Drafted Pursuant to the Intergovernmental Council Legislative Development Protocol continue with the 20th Assembly. To help create consistency for the next Assembly:

The 20th Assembly should familiarize themselves with the Process Convention and look to enhance this important methodology in the development of land and resources legislation for the Northwest Territories. Examples include the extension of the referral to standing committee for bills drafted pursuant to the Protocol from 120 to 180 days, the timelines for the consideration of proposed committee amendments and the attendance of IGC representatives in standing committee meetings, in Committee of the Whole and at the formal Assent ceremony following Third Reading of a bill. To help promote that integration:

The Committee is also recommending changes and clarity to help streamline the Rules of the Northwest Territories Legislative Assembly.

Rule 1.6(6) requires the Clerk to “distribute the Order Paper for the day to each Member and to the Speaker”. However, by convention it is typically referred as the “Orders of the Day”. This is a change to create consistency in the rule book and provide greater clarity for members during house procures. To ensure consistency:

Rule 1.6(8)(c) requires the Law Clerk to “review within 15 days from the close of each Session all legislation enacted prior to it’s distribution”. This is part of a statutory requirement of the Northwest Territories Act and is not required in the Rules. For simplicity:

Rule 1.7(3) requires a Member to raise a question of privilege “immediately after the words are uttered or the events occur”. However, Rule 1.7(6) states that the Speaker will rule whether the matter was “raised at the earliest opportunity”. To ensure consistency:

In recent years it has become practice to have long Committee Reports deemed read in their entirety and printed in Hansard. This is often done after an executive summary of the report, including any recommendations, is read in the house. In practice the motion to have the report deemed read has proceeded without notice; however, the Rules do not expressly permit this. To ensure clarity:

Speaker: M

“(n) to have a Committee Report deemed read and printed in Hansard in its entirety.”

Rule 8.2(3) relates to a Bill being deemed read at First Reading; however, the wording in the rules is unclear and does not reflect the practice in the house. To ensure clarity:

Rule 9.2(5) requires the Board of Management to be established in accordance with the Legislative Assembly and Executive Council Act. As the establishment of the Board is required by law it is redundant to also require it in the rules. To ensure consistency:

Rule 9.2(6) sets the maximum number of Members of a standing Committee at six, other than the Standing Committee on Accountability and Oversight. For Committees with six Members, a quorum of four Members is required. During the current Assembly it has, on occasion, been challenging for Committees with six Members to achieve quorum. To help ensure flexibility in the capability of Standing Committee to achieve quorum and set direction:

Rule 9.3(2) requires the Clerk “distribute to every Members a list of the Members comprising the Committees and the Board of Management”. In practice this list is also made public on the Assembly website. To ensure consistency:

Rule 9.3(6) requires the Clerk to “post notices of all Committee meetings in the Legislative Assembly office and circulate them to all Members”. With the adoption of the communication website Moodle in the current Assembly, Committee Members are advised of meetings by email notifications via the Moodle platform:

Rule 9.3(11) permits “a Member, who is not a Member of the Executive Council or the Speaker, and who is not a Member of the Committee”, to “attend Standing Committee meetings and may address the Committee after its Members have spoken, according to any limits imposed by the Chair”. Rule 9.3(12) provides an exception to the above rules for “public meetings of Standing Committees or when a Member of the Executive Council has been invited to attend a Standing Committee meeting”. By stating that rule 9.3(11) does not apply for public meetings or meetings when a Member of Executive Council has been invited, 9.3(12) may be interpreted as preventing a Member who is not a Member of the Committee from attending or speaking in these meetings. To ensure clarity:

The Government will be required to table a comprehensive response to a Committee report, including all recommendations, within 120 days, or at the earliest opportunity subsequent to the passage of 120 days when: a) A report requesting a response is adopted by the Assembly; or b) A motion is adopted by Committee of the Whole requesting a response.

Rule 9.6(5) requires the adoption of a motion by the Assembly for a witness to appear before Committee of the Whole on matters other than consideration of bills or estimates. It is conceivable that Committee of the Whole could wish to have a witness appear, in a manner like a Standing or Special Committee. Amending the rules to allow Committee of the Whole to have a witness appear without a formal motion in the Assembly is consistent with the process for having witnesses appear before other Committees. To ensure consistency:

There are several references in the Rules which guides members on the use of a “question of privilege”. However, by convention we typically refer to a “point of privilege” rather than a “question of privilege”. To create consistency:

Speaker: MR. SPEAKER

Reports of standing and special committees. Member for Nunakput.

Thank you, Mr. Speaker. I move, second by the Member of Hay River South, that the Committee Report 7519(2), Standing Committee on Rules and Procedures Report on Review of the Rules of the Northwest Territories Legislative Assembly, No. 2, be received in the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Nunakput. 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. The Committee Report 7519(2) has been received and adopted by the Assembly.

Carried

Oral Questions

Question 1601-19(2): Evacuation Supports

Thank you, Mr. Speaker. And I see the Minister for MACA is smiling over there, so.

Mr. Speaker, can the Minister of MACA confirm if temporary accommodations are available for those persons who lost their homes during the wildfire will be made available and under what criteria? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Hay River South. Minister responsible for Municipal and Community Affairs.

Thank you, Mr. Speaker. Mr. Speaker, yes, private accommodations will be provided for the people that were impacted by the wildfires. And, again, in regards to his riding, we have people in Peace River right now and other locations. They'll be there until January, but we will be looking at each case case by case. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, I've had a couple of calls, people asking about accommodation, and I'd like to ask the Minister who it is that residents need to contact to access these accommodations? Thank you. Is it the Pathfinders, or who is it? Thank you.

Thank you, Mr. Speaker. Mr. Speaker, it's kind of a dual answer. If they're in Peace River or they have access to accommodations down there through Red Cross or our evacuation process, yes, please reach out to the Pathfinders that way. But if they haven't got accommodations, then, you know, reach out to their MLA, reach out to the South Slave or, if in case, the Pathfinders. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, can the Minister confirm if there and I think he alluded to it. Is there a limited time these temporary accommodations will be made available to people who lost their homes and if there is a limited time, what criteria will that be based on? Thank you.

Thank you, Mr. Speaker. Mr. Speaker, unfortunately, these people that were impacted by the fires there, their accommodations we're relooking at it in January. But as we work on it, it might be extended until we get them actually back into their home or a replacement home as we work through that process. So right now, we got it in January and then we will be as we move forward, we'll be looking at each individual case by case. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, I've got a couple of people who are actually in the temporary accommodation right now and they've been told they might only be there until the end of November. And the Minister alluded to that it would be end of or in January. So can extensions be granted, or can the Minister at least let the department know or let so they can tell these people that they're good until at least January and then, you know, they'll be given some time; it won't be, you know, a week before that they're told no, the extension's not going to be there or they are going to get an extension, because people are pretty anxious right now and they're worried they're going to be out in the cold this winter. Thank you.

Thank you, Mr. Speaker. I don't know exactly which people he's talking about that are impacted, but my understanding is that accommodations are until at least January. But if the Member has heard of different situations, please reach out to us and we'll reach out to the department to make sure we fix that because we don't want these people that are being impacted by the fires to then have to be impacted by the accommodations. They may be part of the thing is they may be looking at maybe moving to Hay River and that might be some of the work that we're working on. But if the Member can work with me on this, we will get that resolved. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Inuvik Twin Lakes.

Question 1602-19(2): Affirmative Action

Thank you, Mr. Speaker. Mr. Speaker, my questions are for the Minister of Finance. Last Wednesday, the Minister of Finance tabled the government's What We Heard report on their policy review of the Affirmative Action Policy. Following this report, can the Minister explain what the government intends to do next regarding the affirmative action. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Inuvik Twin Lakes. Minister responsible for Finance.

Thank you, Mr. Speaker. Yes, Mr. Speaker, I was very pleased to be able to table this report. This has been a long time coming in terms of the work happening around affirmative action but, more importantly, around the hiring of Indigenous Northerners to the public service. And, Mr. Speaker, I can certainly say that the commitment of the Department of Finance and Human Resources to seeing achievement in terms of actual diversity and inclusion in public service remains firm.

With respect to what will happen next, Mr. Speaker, this is a policy that is of the executive council, and so there has been work done now to put together what a new policy might look like, to put together what a new direction might look like. The evacuations and the changes of timelines have made that somewhat a bit more difficult to act upon, but that work has certainly continued through that process. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, so can the Minister confirm if the government is firm on its assessment and decision to replace this old, outdated policy, the Affirmative Action Policy, within the Northwest Territories? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, I can't obviously speak for the executive as its entirety since that, again, is a policy that belongs to Cabinet as a whole. But I would certainly say that, yes indeed, the Government of the Northwest Territories is firm in its commitment to prioritize the hiring of northern Indigenous candidates and firm in its commitment to a diverse and inclusive workplace.

Mr. Speaker, much has happened over these last four years, not the least of which is a public service strategic plan, which we didn't have before, the Indigenous recruitment and retention framework, which we didn't have before, implementation targets that are now public, and a diversity and inclusion framework. So much has happened, Mr. Speaker. I realize the affirmative action program is one more piece of that, but I would still say that all of those actions do speak loudly that we remain firmly committed to this. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. So can the Minister confirm that when and I'm going to say when, not if when the new Indigenous Employment Policy Comes into force, the existing Affirmative Action Policy will be revoked and will cease to exist? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, indeed, the an Indigenous Employment Policy was the subject of what was being consulted upon and various drafts were put out for review and for consideration and, indeed, if that were to be the direction that we go, that would end the now 30 someyearold Affirmative Action Policy and bring with it the implementation of a new policy. It may be, Mr. Speaker, particularly given the timing, that we would want to delay implementation or we may want to make it, you know, a pilot or something that gives us a bit of breathing space, recognizing where we are in our timing and the challenges we've had this summer with timing. But in short, it's certainly if there's a new policy, that is the point; that it replaces the old one. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary. Member for Inuvik Twin Lakes.

Thank you, Mr. Speaker. Mr. Speaker, you know, I understand the Minister in saying if but when I'm going to just keep saying when. When this policy is approved and it is implemented, how long would the Minister consider the timeline to be before we would start seeing the changes at the frontline? Because every single one of us as MLAs, we all are MLAs first, have heard from our constituents on problems with hiring in the GNWT workforce. So when can this Minister when the policy comes into play, how long will it take for this government or the next government to have it roll out? Thank you, Mr. Speaker.

Mr. Speaker, no one should wait. No one should wait. And, Mr. Speaker, I would encourage people the Department of Finance does now have a full online reporting mechanism around Indigenous employment and around the Indigenous recruitment and retention framework. It includes all of the different steps that we had put to ourselves to achieve under the framework. It also now has publicized the targets for hiring of Indigenous candidates, and reporting on all of the implementation of that has begun. So no one should wait. That should be a tool, and the department should be held to it. All departments should be held to it because every department's targets are on there.

With respect to a new policy, Mr. Speaker, the beauty of it being policy is that it will have some more flexibility. If there's a new policy, typically what would happen is it does give an opportunity for departments and agencies to get used to it, to look at it, to refine it, to make sure that it is, in fact, the best one. So I can't give a timeline for a thing that we haven't announced. I can only say that, again, no one should be waiting. They should be using the tools that are already out there to their fullest ability. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Thebacha.

Question 1603-19(2): Polytechnic University and Environment and Natural Resources Technology Program in Fort Smith

Thank you, Mr. Speaker. Mr. Speaker, as mentioned in my Member's statements, Trent University's applying to provide a new program of Indigenous environmental studies and sciences at Aurora College starting in the fall of 2023. Can the Minister of ECE explain who's pushing for and leading the efforts to introduce this new program at the college? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. And so just to be clear, the program is not being offered at the college. It has nothing to do with Aurora College. This is a program that is a partnership between Trent University and the Yellowknives Dene First Nation. So I would assume that it was the Yellowknives Dene who really initiated this. I know they're working very closely together. And I expect, or I understand that at least the first intake would likely all be Yellowknives Dene members. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, with an upcoming territorial election happening very soon, does the Minister believe that the timing of this new environmentalbased program is questionable and that it should instead wait to be introduced until after the election? Thank you, Mr. Speaker.