EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
What types of things could the minister do under the auspices of DECs that would be exempt from the Statutory Instruments Act.
That he would not have to report publicly.
Mr. Spakowski: The Statutory Instruments Act is not as clear as it should be about what is a Statutory Instrument.
One of the things that is probably included and covered by the Act normally is anything that is called a direction.
In the current Education Act there are a number of provisions that provide for Education bodies to give direction and depending on how the responsibilities have been delegated, an education body can be a District Education Council.
So there are numerous provisions throughout the Education Act that deal with directions from an education body.
So as an example, there are provisions that provide for the Superintendent to terminate certain employment contracts and principals and those are at the direction of the education body directing the Superintendent.
Those directions might have to be published in the Nunavut Gazette if it was not for this kind of exemption.
Because when a DEC makes the direction now it is not subject to the Statutory Instruments Act.
But if a minister makes a direction then depending on the exact context it may be.
There are other examples as well in the Education Act relating to for example, certain teaching staff having to provide support services and that is done in accordance with an education body.
Again, if a District Education gives some sort of direction with respect to that now it is not required to be published in the Nunavut Gazette.
This amendment will ensure that it is not required to be published in the Gazette afterwards.
There are other examples that I could give as well.
Mr. Chairman based on the responses, I am looking at it is more geared toward the direction of the DECs.
I know they are given a broad mandate, they can give direction in different areas, and they can have that flexibility.
I guess which was there.
I was wondering if there is a need.
Will there be any appointments or regulations, those are things that are pretty standard.
Those are not discretionary type things where, I guess my read from the comments from the Standing Committee is that you know that is where we are worried, the appointments and regulations done and implemented without having to be made public.
That could potentially cause some problems down the road.
I am just looking for a level of comfort.
Any appointments or regulations that are going to affect everybody the same, those types of things would still be made public.
Yes. They will have to be a part of the regulations introduced by Cabinet for example.
Then they will have to be published still.
Is that the same goal for appointments as well.
Mr. Spakowski: Appointments are not covered by the Statutory Instruments Act at all.
They are required to be published in the Gazette but it is not under the Statutory Instruments Act that they required to.
So I am not aware of any appointments that the DEC does so I do not believe the minister will do any on behalf of or acting as the DEC. However, if there were, they would be required to be published in the Gazette as all other appointments are.
I have other names.
The minister's opening comments and Chairperson's opening comments, none of them state when this will be reviewed again and what year it will be reviewed again.
So is this going to be ongoing.
This Bill is going to become an Act.
Is it going to be used for a long time.
Do we have any room for improvement or amendment if we have to experience some problems.
Hon. James Arvaluk (interpretation): Thank you, Mr. Chairman.
The new Education Act when it is drafted then this Amending Act will no longer be in place.
This amendment will dissolve and be put into the Education Act.
This amendment will go right into the Education Act.
Yes I understand that.
However perhaps it is going to be used for one hundred years.
This Act is going to be used for one hundred years well over a one hundred years.
Because there is no time limit on that.
It does not even state when it is going to be reviewed again.
For example, if we happen to run into problems there does not seem to be room for improvement or amendments.
So this has to be identified in case we run into a problem with the education system so that there will be room for amendment and improvement.
So I was wondering if your department is willing to do that.
Minister for Education Arvaluk.
The Bill for education, we expect that we will be working on that Education Act on the second draft.
We have already sent the copies to the members and to the communities and in there it will state that we will be utilising this Bill and once we get to Education Act it will be used.
I know that with the minister's response that it was quite obvious that the DEAs will be taking on some more responsibilities and I know each community varies between each other with the Education Authorities.
I know some DEAs are very capable of taking on some responsibilities.
I was wondering if the communities, perhaps the communities will be taking on more responsibilities if they wanted to or if they chose to.
So your department will give opportunities to the communities.
Yes we will give them opportunity.
However, the minister has to sign an agreement with the DEAs.
The way it is now the Minister of Education is responsible for getting the best education system within the school.
The minister has to protect the students and their education curriculum.
For that reason the minister can negotiate or come into agreement with the District Education Authorities.
I also want to get further clarification.
If the minister did not agree to negotiate with the communities then there is no other room to manoeuvre.
So once the community's request is denied perhaps you will be giving reasons why you have denied the request from the communities.
The ministers have to protect the Laws, Acts, the policies, regulation, and the students.
For example if we have 191 school calendar days if the communities want to change their school calendar days to 100 the minister can say no because they will be contradicting the Act.
So the minister has to protect and review the communities' requests to make sure that they do not contradict the Act.
So that is why we have to negotiate with the communities.
But I still need further clarification.
The Act the Federal Act or the Statues, I was wondering if this Act is going to be part of the Federal Acts.
Hon. James Arvaluk (interpretation): At this point we have inherited the GNWT Act.
But we are now amending the Act and we still have not completed the amendment yet.
Once we are completed it will go through the House.
Thank you for the response because it was clear.
But I would like to say again that the minister for the DEAs, I am sure that the minister will not be available to some DEAs and I am sure that the staff, perhaps if the minister is unavailable will the staff be operating or running the department.
The staff have been given authority to work on a day-to-day basis.
When the communities want to have new directive they will have to communicate and negotiate with the minister.
That was clear, yes I know that once the DEAs will be given more responsibilities and employees.
Some communities have no experienced bookkeepers or finance controllers.
I was wondering if your department would be providing new positions to the communities such as positions for the finance positions.
We will follow the communities’ request and if they do not want to take on responsibilities we are not going to be shoving the responsibilities to the communities.
We will need to negotiate with the communities if they wanted to take on other responsibilities, for example if they wanted to take on the employment responsibilities we would have to negotiate with the DEAs and have an agreement.
According to the responsibilities, if they need to open a position they will have to negotiate with the department.
Boards and agencies usually exercise their rights and take on some responsibilities.
They work with bookkeepers and other staff.
In view of whether the staff salaries, will the staff salaries remain status quo.
Hon. James Arvaluk (interpretation): Thank you Mr. Chairman. …(audio unavailable) …they will take care of their own responsibilities and the DEAs will take their responsibilities.
I have asked all my questions.
I have no further names on my list and we are under general comments in regards to Bill 12.
I will go back to my seat.
Chairperson (interpretation): Thank you Mr. Puqiqnak for chairing the meeting.
I have no further names on my list.
Is that the wish of the committee.
Bill 12, An Act to Amend the Divisional Education Council's dissolution Act.
Do you have a copy in front of you.
You all have a copy.
Bill 12, An Act to Amend the Divisional Education Council's Dissolution Act.
You have a copy.
I will start then.
Clause 1.
Chairperson (interpretation): Clause 4.
Chairperson (interpretation): Bill 12 An Act to Amend the Divisional Education Council's Dissolution Act is completed.
Do you agree that Bill 12 is ready for its third reading.
Chairperson (interpretation): Also Mr. Minister, thank you very much and your officials for being at the witness table.
If you would like to make your closing remarks Mr. Minister.
I would also like to thank the various people in my department who have worked with us and also the standing committee with their chair Mr. Nutarak.
This is going to become effective July 1 and we are hoping the comprehensive Bill will be done right after this one.
We are looking forward to those deliberations.
Thank you also to our legal advisor.
Chairperson: At this time we will move on to the Department of Sustainable Development and before we start with DSD we will take a 10 minute break.
>>Committee recessed at 2:29 and resumed at 2:44 p.m.
Chairperson (interpretation): We will just go back to the Department of Sustainable Development.
If the minister would proceed to the witness table with his officials while we discuss the budget.
I am sorry I am a little bit late I had to do a few things.
Do I look sorry.
Going to the Department of Sustainable Development.
The Minister of Sustainable Development, Mr. Kilabuk please introduce your officials.
I have the same people as yesterday.
On my right my Deputy Minister Katherine Trumper and our Assistant Deputy Minister Peter Ittinuar and over there we also have Jim Martin who is our controller and Joe Tigullaraq who is in charge of the wildlife division.
They will be here with me today.
We did not complete our general comments yesterday.
We will go to the budgets after.
This morning there was a question brought up by the member of Quttiktuq.
The question was directed to the Minister of Community Government and Transportation in regards to access roads.
In the year 2000/2001 there is nothing allotted for access roads in that department or in the government budget.
We are well aware that in our communities, there are quite a lot of all terrain vehicles and it is breaking up the ground around the communities.
You see tracks all over the place around the communities.
I believe your department is responsible for keeping the environment safe around the communities.
I would like to know from the minister what kind of plans he has in his department in regards to keeping the surrounding areas safe and in its natural condition.
As I said there are a lot of all terrain vehicles that are making tracks and breaking up the environment and on that note I believe there have to be access roads built around the communities or around the surrounding areas so that we keep our land from breaking up.
There is no budget slotted with the other department, what plans do you have with your department.
We are getting more and more concerned with the all terrain vehicles that are used for travelling rough areas especially in the Keewatin Area.
We had seen this outside of Rankin Inlet, because there are no access roads built, the all terrain vehicles are going all over the place.
It is the same thing in Kugluktuk.
We tried to build an access road in there but through the IIBA agreement we could not go ahead with it.
If Inuit are going to be effected or impacted, we have to follow the policies that were made through the IIBA.
Following the needs of the communities, we are starting to try to get things going like I said last year, and because of the lack of the IIBA in some of the communities we cannot start construction of access roads.
We have to come to an agreement with NTI before we can start building anything because it does have an impact in the communities.
When you were brought up on the land and when you are told that you have to wait it is a very long wait.
Of course, once the land is ruined it is ruined.
Especially around the areas the elders have been brought up and our parents.
It hurts to see the land being destroyed right before their eyes.
It hurts them.
I know it is going to be hard work but we do have to do something about it.
I am representing our elders and myself and my children.
I want them to live in a good environment if we do not do something about it now it is going to destroy our environment.
It is going to destroy the scenery and as the Nunavut Government we should do something about it.
The people out there would like to live in a safe, beautiful environment.
However, it seems the only thing that we can do at this point is to do something about it and we as the people of Nunavut when we talk about the transportation the only thing we think about is the airlines and the aeroplanes.
But that is not the only mode of transportation there are also vehicles.
We do not have highways and because of that we could at least build access roads in our communities.
That is part of preservation and conservation and we have to, and I think the best thing to do at this point is to do something about it and I think that is something that we should take into consideration.
Mr. Chairman I have another question for the same department if it is okay with the Chairman.
Like our minister said they would have to come to an agreement first with Nunavut Tunngavik before anything can be started.
I am sure they will keep working on it, and I would like Minister Kilabuk to respond.
It is very true all terrain vehicles are destroying the environment, which is a sad case.
The hunters are going all over the place.
It is okay in the winter using the snowmobiles, which do not alter the conditions of the land.
If anybody is going to buy an all terrain vehicle or truck or any mode of vehicle we cannot stop them.
We are working together with NTI but there is no IIBA in place at this time.
It is an ongoing concern of ours especially in Kugluktuk.
We have been stalled at this point because of a lack of an IIBA.
We also provide funding for test projects and we can route some of these dollars should the communities wish to do so.
Mr. Kilabuk knows that I am not from Kugluktuk.
I am from the Nattilik area, Gjoa Haven and Uqsuqtuq.
If you go to my communities you will see all the tracks, and it is becoming increasingly obvious that it is happening in all the Nunavut communities and it is becoming urgent and thank you for having the same feelings as I do.
I would like to ask another question regarding the estimates.
There are businesses that got started but have many challenges.
In representing two communities and possibly because of the small population, in our community we do not get enough larger facilities in the smaller communities.
That was the past practice of the government of the GNWT and we have been making repeated requests to get malls and looking at how we can create businesses.
It has been very hard because we do not have the proper facilities.
I have had discussions with the minister in regards to my communities.
There are not enough facilities.
I had also written a letter to the Department of National Defence trying to access old DEW line facilities.
Like I said this morning in my member's statement carvers are carving outside because they don't have the proper facilities, the Department of Sustainable Development is the only department that can do that, in regards to building an incubator mall.
Therefore, I am asking the department, there are not enough facilities to house these businesses and potential businesses.
What plans do you have in building incubator malls or other facilities.
Chairperson (interpretation): Thank you, if you could keep your questions brief.
It would make the responses easier.
In regards to the comments Mr. Puqiqnak made.
They were long but I will try to respond to them.
Like the member stated this morning, the carvers, especially in the winter have a very hard time because they have to work out in the cold because of the lack of facilities.
The arts and craft council is provided funding by our department for their operations and maintenance.
Of course we could work with this council or advise them what is available from their department because of the concern that was raised this morning.
In addition, in the communities we have CIP money, which is the Community Initiatives Program.
You could make proposals to access these funds.
Even if a facility is constructed and erected in the community we still have to consider the insurance and the O&M dollars and who would be liable should there be an accident inside the building.
We also have to conform to the safety code.
If you are going to think about building an incubator mall you will have to consider all these other issues.
We cannot provide O&M dollars but if it is going to be an initial project then we can provide money for the planning through this program.
The operation and maintenance of those buildings that we are talking about but during the territorial government days there was a program I think that they were given subsidies to the communities such as the Oonark Centre in Baker Lake.
I just wondered which department it went through where the Oonark Centre was subsidised for their operation and maintenance.
I just wondered if the government provides subsidies to the centres.
I know that some communities pay for their O&M in their centres such as the arts and crafts centres but does the government provide subsidies as well.
The Nunavut Development Corporation is the corporation that provides subsidies for the centres such as the arts and crafts centres for Baker Lake. They also provide subsidies for those programs so the communities can have employment in their communities.
The Nunavut Development Corporation at this time exists and they get funding from NDC but you have to realize that when they can operate by themselves they are no longer provided with subsidies.
However, at this present time the Nunavut Development Corporation provides subsidies.
What about small business incentives.
When a small business wants to start up the federal government used to provide for them.
Do we still use the NWT's programs.
Say for example if I want to start up a convenience store and my application was approved. If I provide so much percentage then the GNWT's policies were to provide businesses with incentives.
Hon. Peter Kilabuk (interpretation): Thank you Mr. Chairman Yes we are still using the GNWT's policies for that.
These are one of the things we are going to be reviewing this fall.
After we review that then it will be geared towards Nunavut.
That is the way we can do them.
We will probably provide the same thing as the GNWT did before.
Mr. Puqiqnak (interpretation): Thank you Mr. Chair.
Yes thank you very much to the minister for giving me clarification.
Usually the communities apply for funding so they can buy their capital equipment such as motor vehicles.
Applications that have been sent to your department, how do you deal with those proposals.
How much authority do you have to deny or approve the proposals.
Hon. Peter Kilabuk (interpretation): The applications that come up from the small businesses in the communities my officials look at the application and then we could refuse or deny the application.
These are done through our department and they follow the guidelines of whether to approve or deny the certain applications.
Sometimes the organizations cannot continue say for example the HTOs.
I know they are not very viable because they do not make too much money.
Another businessperson has taken on the business that was originally started off by an HTO.
So perhaps if you can prove the fact that I can apply or request or make a proposal to your department.
If an HTO had made an application to your department the proponent for example, I do not know what year, for example made a proposal or an application for the year 2000 if the proposal was denied or approved do you inform the applicant.
How long are the applications used for.
Like for example if an application is made in January how long does it take your department to respond to the applicant.
Perhaps if you can ask your questions without a preamble.
Make your questions shorter.
So if you ask a question it could be a short question, it would be better for the minister.
After the minister responds I would like to be able to go to Mr. Alakannuark after.
The applications take about 2 weeks before the applicant is notified before the applicant is notified as to the status of his application.
However, sometimes some are delayed because there might not be someone to help the applicant fill out an application form.
Like I said before a company or a small business that is encountering hard times to keep up his business; the business development fund assists them. The Economic Development Officers can also assist the residents in the communities, up to an amount of 25 thousand dollars and show the small business how to get assistance.
This is not a question but a comment.
I will not make it long.
All the communities in Nunavut have vegetation and it is being destroyed by the all terrain vehicles but if we are going to do anything about it and I know that we have to try and figure out a way to beautify the environment to get rid of the tracks.
I think we have to talk with the local hunters in the communities if we are going to improve the environment where the all terrain vehicles travel through.
Perhaps if we start telling the hunters which way to travel when they go out hunting then they would not like it.
I would not like to be told what direction to go to go hunting.
I would not be very happy about that.
Therefore, I think there has to be legislation brought up by the department or the government.
If there was legislation to tell the hunters where to go or which way to go then it will be a lot better if it was coming from the Nunavut Government.
Like some elders that are hunters in the community can go whichever direction they want to go to go out hunting in the community.
I do not think it is any of our business to tell them what direction to go out hunting.
I know they do not show up in the wintertime.
Therefore, all terrain vehicles in the summer time create all the tracks.
It is not very nice to look at.
At the same time we cannot tell hunters which direction to go when they go out hunting outside the communities.
All motorised vehicles have exhaust systems so there is nothing we can do about it.
That is one of the dangerous things to the environment is the exhaust.
If the minister would like to make further comments.
Yes as I have stated before we have to work together in partnership with everyone involved and the Department of Sustainable Development staff will not be going to the communities to tell the communities what to do.
It is the HTOs that represent all the hunters who should be involved and I am sure that they will be consulted with, I am sure that we would not overlook the HTOs.
I just want to reiterate that to the member here.
We have to work together in partnership with the communities, the community should be willing, and our department should be willing to participate in partnership with the communities.
Any supplementary.
I have a question for the minister.
The HTOs are now taking on more responsibilities.
How are they provided with funding, do they have a funding formula.
Could you elaborate on that to me.
We had to calculate our response because we did not expect to get that question.