Ministers' statements. Minister responsible for Finance.
Ministers’ Statements
Minister’s Statement 187-19(2):
Mr. Speaker, today I am speaking about family and gender violence. This is a painful subject for so many people. I will now pause for a moment, Mr. Speaker, to give survivors the opportunity to choose whether they would like to listen.
We are in the midst of Family Violence Prevention Month. I would like to recognize that November 25th was the beginning of the 16 Days of Activism Against GenderBased Violence, and the International Day for the Elimination of Violence Against Women. The 16 Days are an opportunity to come together as Canadians and with partners around the world to call out and speak up about genderbased violence, and to renew our commitment to ending violence against women, girls, 2SLGBTQQIA+, and gender diverse individuals.
In Canada, we also observe the National Day of Remembrance and Action on Violence Against Women, remembering the women who were murdered during the tragic mass shooting at Polytechnique Montreal on December 6, 1989.
These months and days of recognition, action, and activism tell us that we are not alone in this problem. We see it elsewhere in Canada and across the world. But family and genderbased violence is pervasive in the Northwest Territories. We have the second highest rate of family violence in Canada. It is clear that colonization continues to have cascading impacts on Indigenous lives in the Northwest Territories. Because of intergenerational trauma, the legacy of residential schools and the systemic racism that continues today, we must work even harder to educate ourselves and learn from each other to broaden our understanding of this history and the work that must be done.
The impacts of colonization are illustrated not only by high rates of family and genderbased violence but by high suicide rates, overrepresentation of Indigenous people in the child welfare and the criminal justice systems and the pervasiveness of addiction and poverty in Indigenous communities to name a few. These issues are interrelated and compounded by one another.
To interrupt the cycle of family and genderbased violence, we must not only take an integrative wholeofgovernment approach but also a territorywide approach that includes Indigenous government partners. Our strategy must meet the unique needs and be reflective of the voices of Northerners. I am proud to say that the Government of the Northwest Territories is working to reconcile Indigenous experiences by taking steps to acknowledge and address the profound impact colonization has had on the Indigenous population. The Missing and Murdered Indigenous Women and Girls Action Plan will highlight several innovative ways that departments are delving into the work required to begin and promote healing in the communities in the Northwest Territories.
The transformation of our Women’s Advisory Office into a better resourced gender equity division is supporting improved crossdepartmental coordination on gender issues, including family violence. To inform this approach, the GNWT plans to engage Indigenous governments, community stakeholders and service providers over the next few months. The goal of this work is to identify best practices, align existing GNWT work and, based on community input, identify priority areas for investment over the coming decade.
Mr. Speaker, within the Government of the Northwest Territories we are reaching across departments to bring programs, resources, and support together. We are listening to experts, partners, and allies like the Native Women’s Association of the NWT, the Status of Women Council of the NWT, the Rainbow Coalition of Yellowknife, the YWCA, shelters and victim service providers to inform our approach and continue to engage and listen.
Mr. Speaker, this is critically important work. Survivors have identified a need for overlapping, personcentered supports and services that make them feel comfortable when reaching out for help. We need to ensure our frontline service providers are trauma and violence informed and have a thorough understanding of the history of Northerners. We also need to shift perspectives when determining what those who use and perpetuate violence in their relationships need.
The Government of the Northwest Territories has many programs and services to support survivors of family and genderbased violence and those who have used violence in their relationships. There is a need to coordinate the many programs we fund and offer. The Territorial Family Violence Strategy that will be developed will take this into consideration and recommend ways in which to improve our current approach.
Mr. Speaker, we are making progress, but we have much more work to do. I commit to keeping the Members of this House advised on the progress of this initiative. Thank you, Mr. Speaker.
Thank you, Honourable Premier. Ministers' statements. Minister responsible for Education, Culture and Employment. Thank you, Minister.
Thank you, Mr. Speaker. Mr. Speaker, this government has committed to transforming our education system with the goal of improving the lives of all our residents. The Department of Education, Culture and Employment has some exciting initiatives being undertaken in collaboration with education partners, industry, Indigenous governments, and the federal government.
Mr. Speaker, it can be argued that the greatest returns on investment come from investing in early childhood education. That is one of the reasons that this Legislative Assembly has made it a priority to advance universal child care by expanding availability and affordability. We have gathered perspectives from Indigenous governments, licensed early learning and childcare programs, and early childhood educators, and have completed a review of our current funding programs. We will report on these engagements and findings in the coming weeks, and these reports will inform the development of the 2030 Early Learning and Child Care Strategy.
This strategy, along with the soontobe finalized Canadawide Early Learning and Child Care Agreement, will mark a monumental step toward improving the quality, availability, and affordability of licensed child care throughout the Northwest Territories.
Mr. Speaker, increasing education outcomes in the NWT to the same level as the rest of Canada is our mandate, and while investments in early learning and child care will go a long way to achieving this, we must do more. That is why we are also modernizing our Education Act and renewing our junior kindergarten to Grade 12 curriculum.
Modernizing the Education Act is critical to ensuring we are able to make coordinated, systemwide improvements to meet the needs of students across the territory, so that we can better prepare our youth to succeed in life. As part of this work, we have conducted a first round of engagement with Indigenous governments, education leaders, the Northwest Territories Teachers Association, parents, special interest groups, and the public.
Mr. Speaker, during these engagements we heard clearly that this process should not be rushed, and we agree. In order to create an education system that truly reflects, engages, and supports all our residents, we will need to take our time and work collaboratively, and we are committed to doing both. That means that the development of a truly modern Education Act will extend into the 20th Legislative Assembly. During this Legislative Assembly, we will pursue minor legislative changes to address many of the operational issues identified during public engagement, while also continuing that broader conversation.
In addition to our legislative work, we are renewing our junior kindergarten to Grade 12 school curriculum. ECE began exploring and evaluating the curricula of the western Canadian provinces in 2019. Over the last several months, the department invited Indigenous governments and key education partners to attend consultation and engagement sessions, and welcomed public input through an online form. Five main themes have emerged as priorities through that engagement process:
the importance of Indigenous ways;
high school transitions;
rigor in curriculum;
accountability for learning; and,
key learning for life.
In the coming weeks, I look forward to sharing the results of these engagements, and a decision on our future provincial partnership. As we move forward with this renewal, ECE will continue to engage with our education partners and will include them in planning for curriculum adaptation, teacher training, classroom resources, and largescale assessment tools.
Mr. Speaker, learning does not stop after high school. The Skills 4 Success initiative aims to improve employment success by addressing gaps in skills for indemand jobs and by more effectively responding to employer, industry, and community needs.
Over the past summer, the department held virtual roundtables, interviews and online surveys with residents and stakeholders to find out how well the current programs and supports are working, and what we could improve. This feedback will shape the development of a new fouryear Skills 4 Success Action Plan that we will release in the new year.
Mr. Speaker, careers in trades offer good pay, ample opportunities for advancement, and lifelong learning. ECE is always working to improve supports and opportunities for residents in the trades. For example, the department recently launched the Blue Seal Program.
A Blue Seal certificate holder not only meets the NWT’s high industry standards in a skilled trade but also has the knowledge and drive to succeed in business. Last week I had the honor of signing the first two Blue Seal certificates ever issued by the Government of the Northwest Territories.
This program will increase opportunities for NWT residents to advance their careers and highlight their professionalism.
I am also pleased to announce that the department has released new trades entrance requirements, which will come into effect January 2022. This change, which is a result of our work with Indigenous governments and industry, will better align the requirements with our high school curriculum and will increase opportunities for our residents.
Mr. Speaker, we have made great progress on these key initiatives, and I look forward to updating the Legislative Assembly as they continue to move forward.
I also want to thank both the department staff, who have dedicated countless hours pursuing the ambitious goals we have set, as well as everyone who we engaged with over the past year. Their time and energy is laying the groundwork for the future prosperity of the Northwest Territories.
Finally, Mr. Speaker, I would also like to take this opportunity to thank our JK to 12 and postsecondary educators, as well as our early learning and child care staff across the territory, for their hard work and dedication in supporting our youth, families, and residents throughout the pandemic. Your resilience has been inspiring, and I am grateful for your professionalism during this challenging time. Thank you, Mr. Speaker.
Applause
Thank you, Minister. Ministers' statements. Honourable Premier.
Thank you, Mr. Speaker. Mr. Speaker, I wish to advise the House that the Honourable Julie Green will be absent from the House later today to participate in a conference call with federal/provincial/territorial Ministers of Health. Thank you, Mr. Speaker.
Mr. Speaker, today is the day where most government departments will require proof of vaccination from employees who wish to continue working, and for those unvaccinated employees not willing to follow PPE protocol, tomorrow they may be sent home.
Mr. Speaker, questions are asked of me as to how this government, as an employer, is going to guarantee the safety of those that are vaccinated in the workplace when working alongside someone who is not vaccinated. Could this be considered an "unusual danger" as defined in the Safety Act?
Mr. Speaker, any employee or contractor has the right to have this matter addressed in accordance with the Safety Act. The Safety Act, in section 13(1) defines "unusual danger" to mean, in relation to any work, "a danger that does not normally exist in that work."
Based on that premise one can then argue - because COVID-19 is new, was not something present in the workplace prior to the pandemic, it is a risk that does not normally exist in any workplace - COVID-19 may then be deemed an unusual danger.
The Safety Act, in section 13(2), further states that "a worker may refuse to do any work where the worker has reason to believe that (a) there exists an unusual danger to the health and safety of the worker."
Mr. Speaker, the Safety Act then goes on to state that "On refusing to work, the worker shall promptly report the circumstances of his or her refusal to the employer or supervisor who shall, without delay, investigate the report and take steps to eliminate the unusual danger in the presence of the worker and a representative of the worker's union…”
Mr. Speaker, upon completion of the investigation, and if the employee believes that the unusual danger is still present, can continue to refuse to work and the employer, worker or supervisor, is required to notify the Joint Occupational Health and Safety Committee; or, where no such committee exists, then a delegate of the chief safety officer. Upon such notice, a review by the Joint Occupational Health and Safety Committee or delegate is required.
If the employee is not satisfied that the "unusual danger" in the workplace has not been eliminated or reduced, an appeal to the chief safety officer, who would then be required to conduct a further investigation as soon as possible. The decision of the chief safety officer is final, with the exception of an appeal to the Supreme Court of the NWT.
Mr. Speaker, I seek unanimous consent to conclude my statement.
---Unanimous consent granted.
Thank you, Mr. Speaker. Mr. Speaker, the point is that it may be likely we will see some employees consider the risk of COVID-19 to themselves, their family, and contacts, when working alongside those that are not vaccinated, and deem themselves to be at risk thereby utilizing to Safety Act as a means of protection. Are we prepared for this course of action? I will have questions for the Minister Responsible for Finance at the appropriate time. Thank you Mr. Speaker.
Thank you, Member for Hay River South. Members' statements. Member for Kam Lake.
Thank you, Mr. Speaker. Mr. Speaker, before COVID, we sat as equals and set the priorities for the 19th Assembly. Even then, we recognized the shortage of resident healthcare workers and tasked the government to reduce the number of health worker vacancies and our reliance on locums.
Mr. Speaker, there is significant strength in Northerners serving Northerners, providing trauma informed care. This not only fulfills our priority, it creates sustainable succession plans and recognizes the primary role education and meaningful employment play in connecting all community health indicators. I believe that, in essence, the GNWT recognizes this. But the existing process is subjective, inequitable, and not serving Indigenous northerners.
Over the last year, multiple public servants have been denied education leave to pursue nursing, or education leave supports for nurses pursuing higher certifications required by other units, or to work in remote northern communities. But while they continue to pursue their education goals on their own, they landed in courses with non-Indigenous non-Aboriginal public servants who were receiving the support of the GNWT to be there.
One of my constituents found themselves in this situation. An Indigenous Northerner from a small community graduated Aurora College nursing through the University of Victoria, employed by the GNWT, now raising a family and supporting trauma-informed client-focused nursing with a desire to increase education levels and ultimately their skill set leveraged by the people of the Northwest Territories.
It took five months of ongoing advocacy to get this Northerner the same supports their colleagues were receiving. These approvals are at the discretion of each employee's supervisor and often based on operational requirements. But from the perspective of the public servant, this leaves room for inconsistencies and inequitable distribution of education leave and government support.
This failure is a symptom of the GNWT silos with a clear lack of process to operate as one government supporting professional development of Northerners for hard-to-fill positions. Constituents either accept the ruling of their supervisor or enlist their MLA to advocate on their behalf.
Mr. Speaker, we are in a global shortage of healthcare workers. If we want recruitment to meet the priority set by this Assembly, we need to retain the ones we have and support the public servants who want to fill these roles. Thank you.
MR. SPEAKER: Thank you, Member for Kam Lake. Members' statements. Member for Nunakput..
Thank you, Mr. Speaker. Today I would like to thank the Minister of Infrastructure and the Marine Transportation Services. I know the ice is frozen right now but I'm thanking them because we're only sitting now. Thank them for the service that they did for my riding of Nunakput. The communities of Paulatuk, Ulukhaktok and Sachs Harbour received their shipments in good order however the timing was delayed, Mr. Speaker. We have a limited number of barges in operation and in some cases it looks like contracts to generate revenues may have been prioritized over servicing my communities. This is a concern.
Mr. Speaker, a window of service to our communities and the barge is so short. The barge services if declines get prioritized over the communities, delays in schedule, the barges may have to fight against the ice our delivery essential for bad weather.
I don't need to think back too far when these barges didn't make it into the communities in 2018. Some of the -- all the communities that didn't receive any shipments of freight cost us -- due to ice blockages and weather, cost this -- former government millions.
This year the barges arrived in Nunakput at the end of September, before freeze up. Mr. Speaker, they have arrived but were delayed. Hunting equipment and boats that were supposed to come in the start of June only come in September so no use.
I will echo the Member's statement from last year to remind the Minister of the importance of barges for Nunakput, that these barges give people access to lower cost of fuel, food, building materials, shipments. Mr. Speaker, there's nothing less than an essential lifeline to the region. And this is part of the reason that the GNWT assumed the management of MTS at the time.
I would like to thank the Minister, again, and her staff for servicing our community successfully this season. I am concerned about timing, deliveries and priority to serve these communities ultimately at the residents' cost, Mr. Speaker. We have six and a half months before this next barge sails north so we have six and a half months to plan to get it right. I will have questions for the Minister at the appropriate time. Thank you, Mr. Speaker.
Thank you, Member for Nunakput. Members' statements. Member for Great Slave.
Thank you, Mr. Speaker. Mr. Speaker, The NWT has always been a resourcebased economy. Even before the onset of colonial settlement, the Yellowknives Dene made tools from copper mined on the banks of the very lake that my district is named for. Later today, we will hear SCEDE's report, and my opinion, on the GNWT's approach to the Mining Regime Fiscal Review. In my dissenting opinion, I lay out what I see as the reasons why this has not been a good use of committee resources. One area upon which I touch is exploration.
Mr. Speaker, I'd like to expand upon this point further as I feel that at times residents, and my colleagues, miss the point when it comes to how important exploration is to our resource sector and therefore our economy.
In the NWT, it might be 15 years from deposit discovery to the onset of mine development, a sad fact that has been pushed to the extreme by our robust permitting system. Mr. Speaker, I fully support this regulatory system and the people that participate in it. I'm proud of our efforts towards social and economic responsibility that puts us at the forefront of responsible sustainable mining globally. Our agreements with First Nations and Inuit people are unparalleled to none. However, we must now acknowledge that we have developed a regulatory system so complex that it is expensive to get through, making it extremely difficult for new explorers that may want to come here.
None of this is new. It's been discussed for years; however, the effects of COVID have decimated this already struggling industry. The diamond mines, which in 2020 still accounted for 21 percent of our direct GDP despite COVID, will be sunsetting over the next decade. Add in the indirect economic impact as they leave, and we have a territory that is quickly becoming a welfare state. Currently, NWT exploration expenditures are mainly for advanced exploration projects and deposits, with very few grassroots projects on the horizon. These deposits are generally metallic, and metal mines do not have the same economic impact as diamond mining, contributing onesixth to onetenth economically in comparison.
The future of exploration, and therefore mining, in this territory is critically dependent on the partnership between industry and Indigenous governments and businesses, ensuring Indigenous voices are leading the conversation, not bureaucrats or legislators whose ancestors did not walk this land.
I encourage my colleagues on the other side to ensure that this engagement occurs at all opportunities and they actually listen to the people when it comes to the future of this sector.
Thank you, Member for Great Slave. Members' statements. Member for Frame Lake.
Merci, Monsieur le President. One of the federal government's major promises of recent years has been the creation of a national affordable childcare system in partnership with provinces and territories. While other jurisdictions have completed agreements, the Yukon signed its $10-a-day deal in July, parents here are still waiting. Media reports quote our childcare Minister as saying our deal with done by the end of the year although problems exist. One major obstacle being reported is lack of suitable buildings for new childcare spaces. Presumably creation of new spaces has to be a feature of any new agreement with the federal government.
Likewise, trained and quality staff are also a challenge. To provide the staff needed for the NWT to offer a truly universal childcare scheme, we will have to train a lot more staff we will hire outside the Northwest Territories. As we see with nurses, that can be expensive but without staff an agreement with the federal government is not a solution.
Then there is the issue of how any new childcare programs are going to be coordinated with existing programs, much of them offered by regional Indigenous governments.
These problems - space, staff, and flexible rollout - may be big but the need for affordable and universal childcare is the bigger problem by far. As I have been calling for since the last Assembly, we still need a new costed plan that deals with all these issues of space, staffing, and coordination, not some vague priority such as "advanced universal childcare by increasing availability and affordability." We need a costed plan for universal childcare and an agreement with the federal government to implement it now.
I will have questions for the Minister of childcare about when universal affordable child care is coming to the Northwest Territories and how an agreement with the federal government will make that happen. Mahsi, Mr. Speaker.
Thank you Member for Frame Lake. Members' statements. Member for Thebacha..
Thank you, Mr. Speaker. Mr. Speaker, I would like to speak once again about the change in runway width at the Fort Smith Regional Airport. At this point, it is well known that I am deeply disappointed with the Department of Infrastructure's decision to reduce the size of the Fort Smith airport runway. And I am not feeling alone in this decision otherwise I wouldn't have had the support of 550 people, or the entire Fort Smith leadership, on side on this issue.
I just want to reiterate that leadership must prevail over bureaucracy. Government decisions need to be re-evaluated when a wrong has been done, and they need to know how to correct and respond to those decisions, especially when it has to do with public funds. Rational, reasonable, and financially responsible decisions that affect regional centres, such as Fort Smith, must be a priority.
Mr. Speaker, no matter how the Minister wants to spin it, there's a fundamental difference with how my constituents see the runway width changes compared to that of the perception of the Department of Infrastructure.
So the department sees no evil, hears no evil. Despite the will of the people rejecting these airport runway changes, apparently that doesn't matter. Apparently the department can do as it pleases to Government of the Northwest Territories infrastructure, despite any public outcry against any such decisions. I will have questions for the Minister of Infrastructure later today. Thank you, Mr. Speaker.
Thank you, Member for Thebacha. Members' statements. Member for Monfwi.
Mr. Speaker, thank you. I've been talking about housing since the beginning of session, and I will continue do so because we need real solution for our communities in the Tlicho region and NWT.
Every person has the right to live in a safe and secure home. The wellbeing of our children, youth, families and communities depends on that. Canada has recognized housing as a human right in international law but here in the NWT we are struggling to provide housing. Each home should be a place of togetherness where our families have enough bedrooms and space for peace and privacy.
We all know in the communities how stressful overcrowding is in the home. It impacts our community members' mental wellness and makes things worse for those who are struggling with addictions. The spread of COVID19 has shown how dire the housing situation is here in the North. When COVID19 got into Tlicho region, many of our families were defenseless because they did not have room to isolate. COVID19 spread quickly because of overcrowding. We had to send our own community members to the gym and other places in order to isolate safely and prevent the spread of COVID19.
Mr. Speaker, the Northwest Territories has been failing to provide adequate housing for years and years. This is not a new problem. The NWT Housing Corporation has a homeownership initiative that gives people the opportunity to go into a loan agreement with the Housing Corporation. Yesterday, I asked the Minister of Housing how many of the new housing units in the Tlicho region would be allocated for private ownership. She said none. How can people own homes in the NWT if the NWT Housing Corporation is more invested in maintaining a rental portfolios than making homes available for people to own?
Mr. Speaker, can I have unanimous consent to conclude my statement?
Unanimous consent granted.
Thank you, Mr. Speaker. Many of my constituents have lived in their home for years and years and have paid as renters. When they want to purchase their home, they are often they are often being asked to pay hundreds of thousands of dollars on homes that have not been maintained and have little market resale value. The programs available to assist our constituent buy a home is not working. Mahsi, Mr. Speaker. I will have question for the Minister responsible for the Housing Corporation.
Thank you, Member for Monfwi. Members' statements. Member for Yellowknife North.
Thank you, Mr. Speaker. In February of this year, to much celebration, Minister Green and Minister Chinna opened an Elders complex in Fort Good Hope. They went and cut the ribbon. And then, Mr. Speaker, we were even going to hire some people and then the complex never opened. The Office of the Fire Marshal would not give them their occupancy permit. That community then flooded, Mr. Speaker, and many people were evacuated and I'm sure they would have liked to have nine units to house people. But we never opened it. The GNWT said that they'd get it done by the end of summer, Mr. Speaker, and then they never opened the facility, Mr. Speaker. I'm still unsure if the facility is opened. That community then got hit with COVID. It was one of the first communities to experience a death, Mr. Speaker.
Mr. Speaker, the Office of the Fire Marshal does not look at these other risks. It does not look at Fort Good Hope and see that it is a community with overcrowded housing. It does not see a community with 65 households in inadequate condition. It looks at one building and disagrees with the GNWT's engineers and architects.
Now, Mr. Speaker, you can say this is a oneoff debate between one hand of GNWT experts and another hand of GNWT experts. But just two years previously, in Norman Wells, where many of the Fort Good Hope Elders go, we built a $40 million facility with longterm care housing, and the GNWT actually took the GNWT to court in that facility because they would not let it open, Mr. Speaker.
Mr. Speaker, these are just the fights that the GNWT is having with itself. I repeatedly get reports from my constituents, from the construction association, from people building in this territory, that it is much easier to deal with the Office of the Fire Marshal in either Yukon or Nunavut. Plan reviews there can take a matter of days. Here they take a matter of weeks and emails continue to go unresponded to, Mr. Speaker. We are one of the only jurisdictions we are the only jurisdiction in Canada without a Building Standards Act, Mr. Speaker. There are legislative changes that need to be made, but in the interim there a lot of little things we did do to make sure that we are housing our Elders. And when we build a facility, it actually provides some housing to people, not just sits there empty, Mr. Speaker.
I'll have questions for the Minister of MACA about what we are doing to get the service standards at the Office of the Fire Marshal up to date and to make sure that we don't have GNWT's engineers, architects, and fire inspectors all fighting each other anymore, Mr. Speaker.
Thank you, Member for Yellowknife North. Members' statements. Recognition of visitors in the gallery. Oh sorry, Member for Nahendeh.
Thank you, Mr. Speaker.
Mr. Speaker, Bertha Allen was born to Alphonsine and Baptiste Cazon on October 27, 1962. She was one of the seventeen children. Two brothers, two sisters and her parents predeceased her.
Bertha spent her childhood in Fort Simpson and often spent the summer months on the land with her family. Bertha loved to talk, especially when she was younger, and her siblings used to tease her about it. She attended school in Fort Simpson and made a lot of friends. This was one of her many attributes. She made friends with everyone. Even if the person was unkind in the beginning, she was nice to that person and the next thing you know she was friends with them, sharing stories and enjoying each other's company.
Bertha was known for her meticulous housekeeping, her cooking skills, and her passion for family. She especially loved talking about her children and grandchildren. They were her pride and joy. She loved entertaining family and friends in her home. And that was her place of that's the place love of her life (Joey Allen) and their children were raised. Bertha loved it when people come to visit and entertain her, especially when the guys played guitar and jammed in her living room.
Bertha knew her time was coming after she was told that she had lung cancer and that it was so bad and was not treatable. Some of the family was able to be with her in the last weeks of her life, Holding her hands and sharing memories and making a more time during this difficult period. As well, the doctors in Edmonton helped her to set up where she was able to Facetime other family members and friends to say their goodbyes.
On August 25, Bertha passed on to be with her family and friends that have gone before her. On September 1, they laid her to rest with the sweet, kind, and smart stubborn Bertha Allen.
The family would like to take the time to thank the staff in Edmonton, Stanton Hospital, and the health staff in Fort Simpson. As well, to all the people who provided support during this difficult time. She will be sadly missed by her family and friends. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Social Development is pleased to provide its report on Bill 30, an Act to Amend the Aurora College Act and commends it to the House.
Bill 30, an Act to Amend the Aurora College Act was first introduced by the Department of Education, Culture and Employment on June 2nd, 2021, and then referred to the Standing Committee on Social Development for review.
Bill 30 proposes changes to the Aurora College Act (the Act) to:
Create a new public governance system for Aurora College;
Move the college to an arm's length relationship with the Government of the Northwest Territories;
Meet the requirements of a quality assurance review; and,
Support the gradual transition to a changed way of working between Aurora College, the government, and other partners and stakeholders.
The proposed amendments are part of the broader GNWT initiative to transform Aurora College into a polytechnic university. The process for changing the college into a university began in the 18th Assembly and is scheduled to continue through three governments into the 20th Assembly.
The 19th Legislative Assembly prioritizes the creation of a polytechnic university. In the mandate, the GNWT commits to change Aurora College into an accredited and independent polytechnic university within six years. The GNWT's lead department maintains a website publicly tracking the progress of 106 activities related to the transformation.
Increasing the size of the Board of Governors to ten members;
Requiring that at least half of the board members are Indigenous NWT residents;
Allowing Cabinet to designate the chairperson of the board of governors, and requiring the board of governors to designate the vicechair;
Requiring the board of governors to seek input from Indigenous governments on the makeup of the Indigenous Knowledge Holders Council; and,
Adding the term "diverse" to sections that refer to the uniqueness of the NWT.
Committee wishes to thank all those who participated. Mr. Speaker, I would now like to pass the reading of this report on to the Member for Great Slave.
Thank you, Member for Kam Lake. Member for Great Slave.
Thank you, Mr. Speaker. Mr. Speaker,
Committee held a public engagement period from July 20 to August 20, 2021, and a virtual public hearing on September 9, 2021.
Committee received written submissions and public presentations from Aurora College, the City of Yellowknife, the Northwest Territories Metis Nation, and the Tlicho government.
The themes brought forward reflect the composition and appointment of the Board of Governors and the two councils, regional representation, implementation of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), academic independence, and requests for direct codrafting of legislation with Indigenous governments.
Committee heard disappointment about Bill 30 proposing to reinstate the previously abolished Board of Governors without regional representation and two advisory councils instead. Witnesses requested to change the governance model to allow for regional representation in the composition of the Board of Governors by working together with the NWT's Indigenous governments. The Tlicho government stated that not guaranteeing continued regional representation in the governance of the college would be a mindset of colonialism and not align with UNDRIP Article 19.
Committee heard concerns that the proposed composition of the Board of Governors could result in an underrepresentation of Indigenous people. The NWT Metis Nation asked to be directly represented on the Board of Governors, to be involved in all decisions, and requested that each recognized Indigenous government have a seat on the board; otherwise, the model would not be consistent with UNDRIP Article 14.
The City of Yellowknife encouraged the development of criteria that would ensure the Board of Governors is representative of the ethnicities, genders, geographic regions and perspectives in the NWT. Aurora College welcomed the move away from a regional representation model to a competencybased board and the established minimum requirement for three Indigenous board members.
The concern was raised that the college may miss out on contributions from the broader Canadian and international academic world if a strict residency requirement exists. The potential negative impact on a future university could include reducing the marketability of the university and creating a possible barrier to appointing suited candidates.
Committee heard the concern that the academic council may hold no weight in the decisionmaking because no qualification requirements are determined in Bill 30. Any community member may fill roles on the council. The City of Yellowknife made the recommendation to require that council members have postsecondary organizational experience in addition to academic expertise.
Several witnesses indicated that the selection process of Indigenous Knowledge Holders Council members should have support from the Indigenous community. Committee heard concerns that a mechanism for representative Indigenous institutions to be involved in selecting members to the Indigenous Knowledge Holders Council is lacking. The Tlicho government notes that such mechanism is necessary to make the Act consistent with UNDRIP Article 19, and states further that "it is critical to Tlicho government that any persons designated as holding Indigenous knowledge be recognized as such by their communities, and who have support and recognition behind them from their communities as they take up such an important responsibility."
Witnesses voiced concerns that changing the power from the board to the Minister to designate a chair and a vicechair would not reflect the intention to make the college more arm's length but possibly reverses it.
Committee heard the concern that the Minister's power to approve the board's mandate might diminish the proposed rule that forbids the Minister to interfere with the Aurora College policies. It was recommended that the legal framework reinforce academic independence.
I would like to now turn this over to my colleague from Monfwi, Mr. Speaker. Thank you.
Thank you, Member for Great Slave. Member for Monfwi.
Committee heard the concern that timelines for consultation and comments may not always be respectful and sufficient for stakeholders to support meaningful consultation. As has been previously raised to GNWT departments, Minister and standing committees, the witness notes that the timelines for consultation and comments must be respectful and sufficient to support meaningful consultation. As a stakeholder, the witness identified that a longer timeline to prepare comments is appreciated on an important and complex such as Bill 30.
Process Used to Develop Bill 30
The Tlicho government brought forward the concern that the department's process missed the opportunity to involve Indigenous partners in bringing Bill 30. Referring to the experience of past collaborations in lands and resourcesrelated legislative drafting processes, the Tlicho government stresses the need for such cooperation as the GNWT creates legislations that reflect the needs of all residents of the NWT and the Indigenous perspectives, world view, and with respect to the authorities of Indigenous government.
Committee considered that the following motions would improve Bill 30.
Committee discussed the issue of representation on the Board of Governors and the request for reinstating regional representation. Committee finds that the purpose of Bill 30 is to restore public governance to Aurora College and, at the same time, ensure the college fulfills the requirements of the quality assurance process for Canadian postsecondary institutions. Regional representation of the Board may need to be considered for the polytechnic university and, in the future, replacement of the Aurora College Act with the Polytechnic University Act.
Committee was concerned that the governance model may not reflect that most students are Indigenous students from the NWT. Keeping the minimum number of Indigenous board members at three out of eight would not provide equal Indigenous representation. Accordingly, committee proposes a motion requiring a minimum of fifty percent Indigenous representation on the boardrecommended membership to the Board of Governors.
When considering how to amend the act best, committee sought information from the Minister. The response included a proposal from the Minister of Education, Culture and Employment to increase the number of board–recommended members from eight to ten, and require a minimum of five Indigenous members.
The increase would bring Aurora College board membership to 14; in comparison, the Yukon University Board of Governors has 17 members. Committee agrees with this approach. Motion 1 requires the Minister to appoint 10, members recommended by the Board, of which at least five must be Indigenous residents of the Northwest Territories.
Committee recognizes that membership of academic councils in Canada is almost entirely constituted by academic faculty and senior administrators employed by the institutions, with some student representation. The quality assurance review process requires institutions that offer degree programs to have their academic staff, students, and administrators participate in academic decisionmaking. By convention in nearly all Canadian institutions, this is done by establishing an academic council in colleges and a senate in universities.
Now, I now turn to MLA from Inuvik Twin Lake.
Thank you, Member for Monfwi. Member for Inuvik Twin Lakes.
Thank you.
Committee welcomes the approach of balancing the Indigenous knowledge and the western academic knowledge system in the college and future university governance. Committee feels that to give equal weight to the Indigenous knowledge system, it needs to be identified who holds the power of determining a knowledge holder.
The current model does not speak to the composition of the council and leaves it to the decision by the Board of Governors. Committee holds the view that it does not make sense for a Board of Governors, without a mandate from Indigenous organizations, to be responsible for making rules on who would qualify as a knowledge holder. Committee shares the concern that the power to decide who is an Indigenous knowledge holder should lie with Indigenous organizations. The legislation should allow for Indigenous involvement in selecting Indigenous knowledge holders.
Committee agrees with the concern of risking noncompliance with UNDRIP and takes note of the recommendation to add a mechanism or criteria for Indigenous knowledge holders to be identified by their Indigenous organization or an Indigenous community.
Committee proposes two motions requiring Aurora College to follow a threestep process to establish membership to the Indigenous Knowledge Holders Council:
The amendments require the college to begin the process by seeking input from the Indigenous governments to develop criteria for identifying Indigenous knowledge holders.
The nomination process requires consideration of those criteria in selecting members to the Indigenous Knowledge Holders Council.
Both requirements are part of Motion 5.
Motion 7 requires the board to seek input from Indigenous governments on the potential members to the Indigenous Knowledge Holders Council before selecting members to the council and consider any input provided.
Further, the motion requires the board to ensure that the composition of the Indigenous Knowledge Holders Council reflects the unique and diverse values, histories and people of the Northwest Territories.
Committee shares concerns that residency requirements for board members might limit the college in attracting highly educated individuals, particularly Indigenous individuals with ties to the NWT but residing in other jurisdictions. Committee sees this concern addressed with the proposed amendments that set criteria for identifying Indigenous knowledge holders.
Committee sees the suggestion to consider options for exofficio members to enrich the board by allowing nonresidents to inform the work of the board included in the current legislation, which allows the Minister to appoint additional members to the Board.
Committee agrees with the concern that moving the powers from the board to the Minister to select the Board of Governors, chair and vicechair, does not contribute to making the institution more arms’ length. Committee sought additional information from the Minister on why this change was made as it seems inconsistent with the principle of Bill 30.
The exchange recognized the significant importance of the role of both chairpersons under the arm's length and the renewed collaborative relationship. The department proposes to use the approach taken in Alberta where polytechnics, once created, are boardgoverned institutions where the Board of Governors acts as an intermediary between the institution and the public. With the evolving role of the chair, the department describes the relationship between the Minister and chair as the critical link to create stability during the transformation years and the vital relationship between government and the polytechnic university.
Committee takes the view that accountability during transition is just as important as independence. The need for public accountability can be achieved by having the Board of Governors select the chair. Committee took a strong position that the Board needs to select the chair, and the chair not be designated by the Minister. After further consideration, the committee accepted the Yukon university model as an acceptable compromise.
Accordingly, committee proposes the model used in the Yukon where the default is for Cabinet (rather than the Minister) to appoint a chair, and where the Board selects the vicechair.
Committee recommends adding the word 'diverse' to reflect the regional diversity in the NWT. According to Motions 2 and 7 add the term 'diverse' to language that speaks to the unique values of the NWT so that the sections in the Act refer to the unique and diverse values of the people of the NWT.
Currently, the administrator appointed by the Minister in the 18th Assembly replaces the Board and thereby holds the president of the college accountable. Bill 30 proposes that the Board of Governors select and direct the president thereby making the institution more independent and moving it into a more arm's length relationship from government.
Concerns were raised that the president is a public service employee and that this potentially conflicts with the intent to increase the academic independence of the institution. The City of Yellowknife suggested contracting the president as an independent individual instead.
When considering a possible amendment, the committee sought and received additional information from the Minister of Education, Culture and Employment. Committee recognizes that the president is a nonvoting member on the Board of Governors and reports only to the board. The board hires the president and determines the type and duration of the contract. Being exclusively accountable to the board solidifies a CEOtype position that allows the President to provide operational oversight independent of the GNWT. To enable the hiring and supervision of all Aurora College employees, the president must be granted the powers of a Deputy Head under the Public Service Act and Financial Administration Act.
Committee accepts the rationale of the president being a Member of the public service.
I would like to now pass it on to the Member for Hay River South. Thank you, Mr. Speaker.
Thank you, Member for Inuvik Twin Lakes. Member for Hay River South.
In its deliberations, committee gave weight to the fact that the system of the board's mandate is modelled after other jurisdictions. The board determines the mandate and submits it to the Minister for approval. The Minister is not allowed to change the content or do anything else concerning the mandate, which is part of the armslength nature of the relationship between the government and the institution. The mandate will be described in regulations which require Cabinet approval.
In developing the Aurora College Mandate, committee notes that the Department of Education, Culture and Employment and Aurora College considered elements from several jurisdictions. As a starting point, both are looking at the 'strategic mandate agreement' used in Ontario, where each university and college has its own strategic mandate agreement.
Committee recognizes that the requirement for the board's mandate comes from the PostSecondary Education Act, and that Bill 30 aims to ensure that the mandate is appropriate for Aurora College, both with a focus on preparing the necessary elements for the institution to pass a quality assurance review.
Committee proposes two motions to correct spelling. Motions 4 and 6 propose editorial and nonsubstantive changes.
Committee heard from witnesses concerns about the development of legislation and the engagement process in review of Bill 30. While these issues do not fall within the scope of the review of Bill 30, committee feels strongly that they deserve recommending action.
Committee took note of the comment that not involving Indigenous partners in bringing forward Bill 30 is a missed opportunity and may be inconsistent with UNDRIP article 19. Committee recognizes the Northwest Territories Intergovernmental Agreement on Lands and Resources Management which focuses on collaborative legislative development in lands and resources.
Thank you, Member for Hay River South. Member for Kam Lake.
Thank you, Mr. Speaker.
Committee takes note of the request to allow for sufficient time for meaningful consultation and engagement. Committee will review its public engagement processes to ensure timelines are respectful and sufficient for stakeholders to support meaningful consultation.
Further, committee makes the following recommendation.
The Standing Committee on Social Development recommends that the Department of Education, Culture and Employment and Aurora College take note of this request that engagement timelines are respectful and sufficient for stakeholders to support meaningful consultation, and ensure that the timeframes for engagement and consultation concerning the polytechnic university are adequate.
During committee's careful considerations to improve Bill 30, definitions and use of the term Indigenous were discussed.
Committee felt strongly about not excluding Indigenous academic experts or knowledge holders with ties to the NWT but residing outside of the jurisdiction from eligibility for board or council membership. Committee noted that the wording used establishes a requirement for NWT residency rather than recognizing a connection to the NWT, such as birth in the NWT, beneficiary under a land rights or selfgovernment agreement, an Indigenous person who has resided a significant portion of their life in the NWT, or an Indigenous person who has notable achievements in the NWT but may no longer be an NWT resident.
Committee recognizes that the discussion of definition is not meant to be understood as standardization which would have a limiting effect. From a statutory interpretation perspective, one would not wish to straightjacket the definition of Indigenous. Rather, committee perceives that the GNWT needs to provide a definition of the term of Indigenous as used in the Affirmative Action Policy to avoid confusion with the different uses of the term internationally, nationally, and in respect to the approach of realizing the recommendations of the Truth and Reconciliation Commission and implementation of UNDRIP articles.
The Standing Committee on Social Development recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.
The clausebyclause review of Bill 30 was held on September 27, 2021. At this review, committee moved seven motions. The Minister concurred with all seven motions.
The Standing Committee on Social Development's review of Bill 30 results from a collaborative process. Committee wishes to thank the Minister for his concurrence with the motions made by the committee to amend Bill 30. The committee thanks the public for their participation in the review process, and everyone involved in the review of this bill for their assistance and input.
Following the clausebyclause review, a motion was carried to report Bill 30: An Act to Amend the Aurora College Act, as amended and reprinted, as ready for consideration in Committee of the Whole. This concludes the standing committee's review. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. Member for Kam Lake.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Honourable Member for Great Slave, that Committee Report 20-19(2): Standing Committee on Social Development Report on Bill 30: An Act to Amend the Aurora College Act, be received by the Assembly and moved into the Committee of the Whole for further consideration. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. Motion is in order. To the motion?
Question.
