Debates of March 2, 2011 (day 49)

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Statements

POINT OF ORDER

Thank you, Mr. Speaker. I rise on 23(h), that the Member in his statement and line of questioning is making allegations that in fact the government has broken rules in this Legislative Assembly and I would raise the fact that though a process was engaged, he’s referring to in fact Ministers or a Minister has broken, and suggested breaking, the rules. In fact, that has not been the case. So I would say that, again, a point of order in the fact that he’s having debate and making allegations against another Member of this House. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. Mr. Roland has risen on a point of order with regard to the comments made by Mr. Bromley. The Chair will take the point of order under advisement and provide a ruling at a later date. Mr. Bromley.

Thank you, Mr. Speaker. I have to chuckle, Mr. Speaker, I did not say the word “broken.” I said the word “changed the rules.” I believe the Auditor General has used the word “amended the rules” and I was looking for a synonym that was plain language because I know our public are listening. So if the Premier chooses to interpret that as broken, well that seems to reflect a sensitivity on his part, but in fact, I used the word “changed the rules” and in fact the...

Speaker: MR. SPEAKER

Do you have another question, Mr. Bromley?

Thank you, Mr. Speaker. I do have another question. I’m wondering, Mr. Speaker, how is it possible that this government can amend the rules rather than follow the rules and choose to avoid requirements that are in law in terms of engineering and so on in making a decision to go forward. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Bromley. The honourable Premier, Mr. Roland.

Thank you, Mr. Speaker. The fact that this process that the Member is questioning has been used since 1999 and is in fact part of documents that are available to the public on indemnifications, that indemnification to the exemption of regulations used, and they are public, a process used since 1999. So this wasn’t done for a project specific to this for avoiding rules. It is something that’s in place and, in fact, I believe the Finance Minister is working on an updated formula finance or a Financial Administration Act that would bring more clarity to issues of this nature. Thank you.

The Minister for the Department of Transportation mentioned that the Cabinet or somebody followed standard practice which included, apparently, amending rules. I’m wondering what message this sends out to our public, to our colleagues, to our businesses. Can they simply change the rules or are rules in fact put in place for a reason?

In the Financial Administration Act, Contract Indemnification Exemption Regulations, 1(1)(a), “contract or an agreement that contains an indemnity by the Government of the Northwest Territories is exempt from the operation of Section 66 to Section 67.2 of the act where the indemnity is made in favour of…” And there’s quite a list of these; almost 20 since 1999. Things like for the Tlicho Government. Things like directors and officers of the Canadian Blood Agency and members of the Scientific Advisory Committee established by the Canadian Blood Agency. “(f) All-State Insurance Company of Canada in respect of claims made by individuals or estates alleging abuse in another case; (g) persons who on behalf of the government in the instance of the Government of the Northwest Territories and in respect of a third party providing accounting or management services or act as a receiver, receiver manager, or liquidator.” So there’s quite a list of things that this is done for in the history of the Government of the Northwest Territories.

I would simply note that the Auditor General has observed that these amendments were made to allow for the indemnity to be changed and that some of the existing regulatory requirements, including the need to give 14 days’ notice for change, this is within days if not hours of the event that transpired immediately after that. I have to ask, the amendments that the Premier mentioned, the amendments to the rules on which we base our day-to-day business, when did they occur relative to the decisions to indemnify themselves without letting Members know?

Again, for the life of this government, in February, and part of the report Members were briefed on three occasions of this work that was being done.