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Yukon Legislative Assembly
Whitehorse, Yukon
Thursday, October =
29, 2015
— 1:00 p.m.
Speaker: I w= ill now call the House to order. We will proceed at this time with prayers. =
Prayers
Daily
Routine
Speaker: We = will proceed with the Order Paper.
Tributes.
TRIBUTES
In remembrance of Jim Fow= ler
Mr. Barr: I would like the House to welcome all the folks who came to pay tribute to Jim Fowler today. We have many in the gallery I would like to introduce first, = Mr. Speaker.
First,= Jacquelin Fowler, Jim’s wife; Jamie Fowler, Jim’s son; Andrea Simpson-Fowler, Jim’s daughter-in-law; Riley Simpson-Fowler, Jim’s grandson; Grace Simpson-Fowler, Jim’s granddaughter; Gage Preece, Jim’s grandso= n; Terry Creamer, Jim’s friend; Betty and Carson Schiffkorn famous from Inn on the Lake, friends of the family; Tony Ciprani, a friend; Mike and Gail Craigen, friends; Cathy and Gerard Dugas, friends; Judy = and Paul Prevost, friends. Welcome to you all.
Applause
Mr. Barr:= November 16 will mark one year since the untimely death= of Jim Fowler. We welcome some of Jim’s family and friends to the gallery today, particularly Jim’s partner of nearly 50 years, Jacquelin Fowler.
It was= just about a year ago, after a cold snap had frozen Marsh Lake to near-perfect skating conditions that Jim ventured from his lakefront home for a solo nig= ht skate with his headlamp on. He must not have seen that the ice had shifted,= and he skated into open water. A frantic search ensued, and his body was found = by a friend and neighbour. Earlier that day a gang of Judas Creek residents, Jim= and Jacquelin included, had laced up skates and enj= oyed the near-perfect conditions of the ice and the brilliant afternoon sunshine. The ice was glass-like, without a flaw. The lake bottom was magnified by the glassy ice, revealing every rock, every pebble, and the children got on the= ir hands and knees to gaze into the depths revealed.
It is = a magic time for Marsh Lakers, and it is a rare, once-every-five-to-10-year occurre= nce that, absent of snow and wind, the lake freezes to frictionless glass ̵= 2; the sun’s heat melting the top lawyer like a solar Zamboni, and a pas= sed puck can go on and on and on into infinity.
Jim wa= s having a great time that day, surrounded by his wife, neighbours and friends and the= ir noisy, wonder-struck grandchildren. The day became the night and everything changed.
To Jim= ’s family who still grieve, I am so sorry for your loss, but take solace in the fact that Jim’s days ended doing what he loved on a magical day with = Jacquelin, with his friends and neighbours and with h= is children, and gain strength from the outpouring of kind words from people w= ho had learned from Jim. I have heard many testimonials to Jim over this past year.
Jim wa= s a teacher, by occupation, but teaching was more than a job. It was his way of being. He came to the Yukon in 1964 and became the gym teacher and vice-principal at Christ the King High School and the recreation director at the Coudert residence.
Hockey= was in his blood. Jim grew up playing hockey with his dad and brothers, later enro= lling in the prestigious St. Michael’s College School in Toronto, the = alma mater of hundreds of Canadian professional hockey players and dozens of hall-of-famers.
When f= ellow St. Mike’s grad and NHL goaltender Cesare Mania= go came to Whitehorse for an old-timers game, he looked up from tying his skat= es, saw Jim and said, “How you doing, Jimmy?” as though no time had passed since they had last shared a dressing room in the late 1950s. “Not too bad Cesare. Yourself?” That was Jim’s response. There was instant recognition and instant comfort in one another’s presence.
Jim co= ached hockey for 30 years, and at one time, there wasn’t a single skater on Yukon ice who hadn’t been shaped and molded by his coaching methods. = He was a level 5 national hockey coach. He started a hockey school. He helped coach Team Yukon at the first Arctic Winter Games in Yellowknife. In 1979, = he was one of the founders of the Yukon Amateur Hockey Association.
Jim is recognized for his involvement in hockey primarily, but he taught other spo= rts too. Jim was inducted into the Yukon Sports Hall of Fame in 1990. Jim gave = so much of his time shaping those who are now coaching and teaching. That lega= cy is a true gift for the future. I think it would be a fitting tribute to Jim’s life that, somewhere between Marsh Lake and Whitehorse, an aren= a is built or fixed up that is named the “Jim Fowler Arena”.<= /p>
I talk= ed to a woman who was a student when Jim taught, and she said it was all around the= schoolyard that, if you weren’t good at math, get int= o Mr. Fowler’s class. He had a way of teaching that made kids understand math and not fail= the class. I can say, Mr. Speaker, I wish Jim had taught me in math —= ; I failed.
Mike <= span class=3DSpellE>Craigen, who taught at F.H. Collins with Jim in the <= span class=3DSpellE>1970s, had this to say: “As a teacher, Jim was = kind and understanding and not judgmental. He was such as mentor to so many peop= le. He believed in fitness of the body, fitness of the mind.”
Jim wa=
s an avid
fisherman and outdoorsman. His friend and neighbour of 40 years —
“Now there are snowshoes and = there are snowshoes. Jim had an old-fashioned wood-frame pair with gut-webbing, probably about 50 years old, probably from Teslin. I had a modern, state-of-the-art aluminum pair from Mountain Equipment Co-op in Vancouver. There is something very humbling about sinking down to your knees in soft s= now as you struggle along beside your partner, and then ultimately having to fa= ll behind as he breaks trail.”
Jim wa= s a handy, hard-working, productive man who brewed his own beer, built his house, gard= ens and outbuildings, regularly fished for evening supper and, three times a we= ek, would bike the 50 kilometres to Jakes Corner and back. Jim and Jacquelin’s home, called Fowler’s Cove, h= ad all the telltale signs of the busy planning mind of Jacque= lin and the busy building hand of Jim.
Jim= 217;s neighbour, Terry Creamer, the beneficiary of Jim’s help and advice, h= ad this to say: “Anything he was doing, he always had an idea, which alw= ays worked. And he was always there to help; he was always available. Jim was a mentor to me and, as I set to build my home, I was always looking to him for approval. He held a philosophy that life was about having a range of experiences and memories and that failure was as important as success. The outcome didn’t matter — just get out there and do it.”
Last y= ear a lovely article about Jim was written in Maclean’s magazine by Aaron Hutchins. The article speaks to how Jim and Jacquelin first met. For the 1965 Yukon Sourdough Rendezvous, an annual winter festival in Yukon, friends sent Jim on a blind date with Jacquelin Colyer= — at the time. “‘The next day he picked me up in a motorc= ycle in about two feet of snow,’ Jacquelin laughs. ‘My m= other had a heart attack.’ They went back to the Rendezvous and took part in some snow golf.”
Jim wa= s a good man — a good man who embodied those Yukon qualities of doing it yours= elf, of helping your neighbour, and that wise virtue of sharing knowledge and wisdom.
I wish= Jacquelin — and your children and grandchildren= , who must be content with the sweet memories — the peace that Jim’s = was a life lived well and that touched so many others.
Hon. Mr. Graham: It is indeed an honour for me to be here today to pay tribute = to Jim Fowler. I had the pleasure of knowing Jim for almost 50 years. My relations= hip with Jim goes back to — I believe it was 1965 or 1966. As a 16-year o= ld, I played hockey for him on a rep team in Anchorage. Jim was recently out of= a very competitive hockey environment himself. He really believed in discipli= ne and organization, which was entirely foreign to us as hockey players in the Yukon at that time. I ran afoul of Jim in the very first tournament, the ve= ry first game we played in Anchorage, and be benched me for a period — something that had never happened to me before in my life. It made me reali= ze that he was actually serious about the game and what he was doing with young people. I have often said since that, had I known Jim a few years earlier, I probably would have turned out to be a hockey player.
I reme= mber him fondly as an outstanding gentlemen and a real stand-up fellow. He was instrumental also in training some of the most skilled hockey players who we have ever had here in the City of Whitehorse, many of whom are still playin= g. They are in their 40s and = 50s now but they are still playing, and they remember Jim from the hockey school where he taught basic skills. I spent some time with him as a coach at his hockey school in the later years because I thought it was something that I would enjoy doing as well, but I did not have the patience, the understandi= ng and the temperament to deal with young people in the way that Jim did. I am= not sure if Jim was like that because of being a teacher, or if he was such a g= reat teacher because of that attitude, but Jim had the most patience for all of those young fellows that I have ever seen.
In 197= 4, Jim was one of 16 coaches from across Canada to be invited to go to the very first Canada-Russia hockey series in Russia. While he was there, he attended offi= cial functions and seminars with Russian coaches and game officials. At that time Jim and Jacquie lived next to us — or at least our lots abutted each other — in Porter Creek, and he used to tell me about his experiences= in Russia. Some of the things that he told me about — what he had found there and what he had learned there — were absolutely phenomenal. He = was an absolutely wonderful ambassador for Canada and for the Yukon at that tim= e, and I was so happy to share those experiences with him.
It was= also very natural for Jim, because of his organized and disciplined approach to the g= ame, to be one of the founding members of the Yukon Amateur Hockey Association h= ere in the territory. It united small community organizations throughout the territory into one voice for hockey, and it was one of the major steps forw= ard that hockey in the Yukon has taken, and we thank Jim for that. It was absolutely wonderful. He was also, as has been mentioned, a level 5 coach — the first level 5 coach in the Yukon — and it was, at the tim= e, the highest level of coaching certification in Canada.
He was= a wonderful family man, as I remember from living next to him in Porter Creek= . In fact, we — my family — owe Jim and Jacquie a huge thanks as wel= l, because I think my young son spent more time with Jacquie in those days in = her greenhouse and yard — and she instilled in my son a love for gardening and greenery that he carries forward even today. When I told him that I wou= ld be doing this tribute, he made sure to remind me of all the wonderful times= he had with Jacquie and Jim. It’s a very personal moment for me as well.=
Like s= o many others, I believe Jim left much, much too early. He had great enthusiasm — not only for the game and sports in general, but for life. I know t= hat once Jim and Jacquie moved to Judas Creek, I didn’t see them all that often, but whenever we met in the grocery store or at the hockey rink, he always had a great big grin and we always had some new stories to share. I = will miss him greatly, as I know everyone else in the territory will.
He liv= ed a full life, as my colleague across the floor said, and we will all remember him f= or his smile, his enthusiasm and his love for life. We will miss him. Thanks f= or coming today.
In
recognition of Learning Disabilities Awareness Month
Hon. Mr. Nixon: I rise in the House today on behalf of all members to honour t= he women and men who work tirelessly to help people with learning disabilities. October is Learning Disabilities Awareness Month — an opportunity for agencies to help raise awareness about the prevalence of learning disabilit= ies in society and for all of us to inform ourselves about what learning disabilities are. While we don’t fully understand the cause of learni= ng disabilities, according to Statistics Canada, 2.3 percent of the population= has one. To quote from the Learning Disabilities Association of Canada: “A person can be of average or above-average intelligence, not have any major sensory problems (like hearing impairment), and yet struggle to keep up with people of the same age in learning and regular functioning.”= p>
Closer= to home, the Learning Disabilities Association of Yukon is dedicated to increasing t= he awareness of learning differences and supporting children, youth and adults with learning difficulties or learning disabilities. According to LDAY, learning disabilities refer to a variety of disorders that affect the acquisition, retention, understanding, organization or use of information. = This applies to any sort of information — verbal, social or physical.
A lear= ning disability is unrelated to the level of intelligence. In fact, people with learning disabilities have an average or greater ability for thinking and reasoning.
A lear= ning disability can affect the use of spoken language, reading, writing, mathema= tics, organization, or social skills. Without help, persons with learning disabilities can find themselves struggling every day of their lives. This = is why an organization like LDAY is so invaluable. They help individuals ident= ify their particular disability and teach them coping skills. LDAY has been wor= king tirelessly to educate Yukoners and provide them with tools to live a better life.
LDAY h= as continued to expand their programs and their services to meet the needs of learners all across Yukon. This past year, LDAY staff travelled to Old Crow, Carcross, Teslin, Watson Lake, Carmacks, Mayo and Pelly Crossing, in additi= on to their office and summer camp in Dawson City. They have had 106 clients f= rom K to 12 and 55 adult clients in the 2014-15 year. During this month, we ask each of you to teach one person one new thing about learning disabilities. =
In
recognition of Canadian Patient Safety Week
Hon. Mr. Nixon:<= /span> Mr. Speaker, I also rise in the House today to acknowledge this week as Canadian Patient Safety Week. The theme of Canadian Patient Safety Week this year is, “Good communication is good for your health”.
Just a= s in any relationship, good communication is essential. The communication between a health care provider and his or her patient is key to understanding the needs of the patient and providing appropriate care. The Canadian Patient Safety Institute has a mantra, which is: “Ask. Liste= n. Talk.” The institute stresses that safety doesn’t just happen — that we all have to actively have a role = in making it happen.
Patien= t safety has many facets, two of which I would like to mention today. One of these topics is medication safety. At Health and Social Services, we are currently undergoing a consultation on the He= alth Information Privacy and Management Act regulations. This act and subseq= uent regulations will enable us to complete a drug information system where physicians, pharmacists and other medical care providers will be able to see what medications a patient has taken or is currently taking to ensure there= are no adverse reactions. This will be a great tool for our health professionals and greatly improve patient safety.
Anothe= r area of focus is home care safety. A main component of home care safety is fall prevention. Our Continuing Care branch works with individuals and families = who receive home-based care, helping them identify simple changes to their home that can help reduce the likelihood of a fall occurring. These changes may = be simple things such as removing area rugs or working with their client to en= sure that snow and ice removal occurs on a frequent basis. These may seem like simple fixes, but they are important fixes. Nationwide, falls are the leadi= ng cause of injury for seniors and also contribute a significant burden on the health care system.
In clo= sing, Mr. Speaker, I would like to recognize the importance of Canadian Pati= ent Safety Week and acknowledge the hard work of Yukon’s diverse health c= are providers. By taking the time to truly listen to your patients, you are abl= e to provide the best care possible in the safest manner. Thank you for your dedication to improving the health of all Yukoners.
Ms. Stick: I too rise on behalf of the Official Opposition and the Third Party to pay tribute to Canadian Patient Safety Week.
This w= eek, October 26 to 30 is Canadian Patient Safety Week, which was first establish= ed in 2003 by the Canadian Patient Safety Institute.
The Ca= nadian Patient Safety Institute is an independent organization that works collaboratively with health professionals, organizations, regulatory bodies= and governments to advance safer health care for all Canadians. The institute a= lso works hard to raise awareness about patient safety by working with their partners, patients and their families. As the momentum for promoting best practices in patient safety has grown, so has the participation of Canadian Patient Safety Week. Canadian Patient Safety Week is relevant to anyone who engages in our health care system — providers, patients and citizens.=
Last y= ear, the theme was around hand hygiene and this year, working together, thousands can help spread this year’s message to ask, listen and talk. This is an important message for all of us. For health care providers who sometimes in their busy schedules find it difficult, they need to remember to ask, listen and talk. For us as patients or advocates for patients and citizens, someti= mes we’re hesitant to ask our busy health care providers those questions = most pressing to us, but we need to take that time to ask, listen and talk.
For us= as legislators and partners in the provision of health care, we too need to as= k, listen and talk when hearing from constituents about their health concerns = and from health care professionals and providers when voicing their concerns. We all need to ask, listen and talk.
Thank = you, Mr. Speaker, to the Canadian Patient Safety Institute for their continued work of bringi= ng patient safety to the forefront of best health practices.
Speaker: Int= roduction of visitors.
Are th= ere any returns or documents for tabling?
Tabling
Returns and Documents
Hon. Mr. Kent: I have for tabling the Whitehorse corridor of the Alaska Highway functional p= lan What We Heard document.
Speaker: Are= there any further returns or documents for tabling?
Ms. Stick: I have for tabling the 2010 community nursing services review final report. <= /span>
Speaker: Are there any reports of committees?
Are th= ere any petitions to be presented?
Are th= ere any bills to be introduced?
Introduction of Bills
Bill No. 91: Act to Amend the Elections Act and the Electoral District Boundaries Act — Introduction and First Reading
Hon. Mr. Cathers: I move that Bill No. 91, entitled Act to Amend the Elections Act and the= Electoral District Boundaries Act, be now introduced and read a first time.
Speaker: It = has been moved by the Minister of Justice that Bill No. 91, entitled Act to Amend the Elections Act and the= Electoral Boundaries Act, be now introduced and read a first time.
Motion for introduction and first reading of Bil= l No. 91 agreed to
Speaker: Are= there any further bills to be introduced?
Are th= ere any notices of motions?
Notices
of Motions
Ms. Hanson: I rise to give notice of the following motion:
THAT t= his House urges the minister responsible for the Workers Compensation Health and Safe= ty Board to conduct the comprehensive review of the Workers’ Compensation Act contemplated in section 129 of the act.
Speaker: Is = there a statement by a minister?
This t= hen brings us to Question Period.
QUESTION PERIOD
Question re: Public Service Commission personnel policy
Ms. Hanson: This government speaks and uses the language of respect for public servants, but= its actions often contradict its lofty words. Previous NDP governments valued skill- and merit-based hiring practices. A February 2013 audit of Yukon government hiring and staffing practices raised serious concerns.
The au= dit found that over 60 percent of the 1,900 staffing actions reviewed fell under the = category of direct hire, exemptions and temporary and acting assignments, and that t= here was no regime to monitor the quality of these staffing actions.
The au= dit was released in early 2013 and, since then, I have repeatedly asked the minister what he has done to address the concerns. His response has been, “We’re working on it.”
Mr.&nb= sp;Speaker, can the minister tell this House what concrete steps he has taken to address the concerns set out in the 2013 Report on the Audit of Staffing?
Hon. Mr. Dixon: The Public Service Commission and this government are committe= d to addressing and reporting progress on each recommendation in the Report on t= he Audit of Staffing that was released by our government in May 2013. This wor= k is being carried out in consultation with departmental human resource branches right across government. A multi-year management action plan was developed = to address the 15 recommendations, and I’m pleased to note that 13 of the recommendations are either well underway or completed. We remain focused on ensuring that fair, efficient and effective Yukon government staffing polic= ies and practices are in place to meet Yukon’s public service needs.
So with regard to that report, we have received it, we’re committed to acting on it and work is well underway, if not completed, in almost all areas.
Ms. Hanson: It’s good to say that we respect Yukon’s public servants, but we have to w= alk that talk. This government consistently hides behind and then blames the pu= blic service for political mistakes made by the government, so let’s try a specific example. This government continues to hire many public servants on= an auxiliary-on-call basis. Auxiliaries on call are intended to be used for sh= ort durations. The minister has said they are temporary, but tell that to the public servants who continue in auxiliary-on-call positions year after year after year. In addition, the government sought to silence teachers and prev= ent them from speaking on important public matters.
Will t= he minister acknowledge that its overuse of auxiliary-on-call positions and efforts to muzzle government employees is a source of the alarming decline = in the morale of Yukon’s public service?
Hon. Mr. Dixon: I would encourage the member opposite to listen to what my fir= st response was. She criticized the government for now acting on the report, b= ut then, when she heard that indeed we had acted on the report, she quickly tu= rned and switched issues to the auxiliary-on-call issue, which I would be happy = to respond to as well.
In thi= s particular case, Mr. Speaker, the member opposite has heard direct evidence of th= is government taking action and doing exactly what we said we were going to do, but of course that’s never good enough for the NDP.
The 15 recommendations issued in that report in her first question, as I said, have all been acted upon. Some are not complete yet — two of the 15 haven’t been completed yet but they’re well underway — an= d, 13 of the 15, as I said, have been acted upon and are being acted upon curr= ently.
WeR= 17;re not only talking the talk, Mr. Speaker, we’re walking the walk. We a= re respecting Yukon government employees and are taking action to address the recommendations of the audit.
Ms. Hanson: The evidence that we receive in our office contradicts what the minister has ju= st asserted. In addition, we are receiving an increasing number of calls and visits from former Yukon public servants who have been dismissed from their jobs. What is unusual is the bizarre pattern of this government to time the firing of public servants for Friday afternoons. Not only is this a disrespectful practice, but so-called Friday firings are known to have nega= tive impacts on employees and their families. This is contrary to any modern human-resource management practice.
Will t= he minister assure this House that the Government of Yukon will end the practi= ce of Friday firings?
Hon. Mr. Dixon: This has been an interesting pivot from what was originally a question about the staffing audit of 2013 — a bit of an odd practice = by the NDP — but I will entertain it nonetheless.
As I i= ndicated, we have received the report of 2013. We have acted on just about all of the recommendations so far. In the areas where we havenR= 17;t completed work — we have begun work and have a plan for addressing th= ose issues.
With r= egard to the hiring and firing of individual staff, I am not in a position to commen= t on those aspects of staffing. That is not a policy decision that is brought forward by the political level of government — that is, when and how public servants are either hired or fired — but if there is an issue = that the union or any other employees have an issue with, I would be happy to ta= lk to them about it.
To cir= cle back to the original issue that the member opposite raised, the staffing report = of 2013 has been acted on. We have a plan for doing it; we’re enacting t= hat plan. As per usual, the NDP have no plan. They only have empty criticisms.<= /span>
Question
re: FASD adult offender programs
Ms. Moorcroft:= span> Mr. Speaker, in 2015, the government released a preliminary final report on their FASD prevalence study in adult correction= s. The report lays out the work that has been conducted to date, and it shows = that the Yukon FASD prevalence study has once again pushed back its completion date. The study’s data collection period has been extended into 2015-16, and the actual final report is now scheduled for rel= ease in 2016.
Inmate= s with FASD have already been failed by the system. The Yukon must make it a prior= ity to see that they are not failed any further.
How ma= ny assessments have been conducted to date at Whitehorse Correctional Centre? = How many will be conducted by the end of the study, and will the study meet the goal of conducting 150 assessments by 2015?
Hon. Mr. Cathers: As the Member for Copperbelt South noted, this process = has taken longer than anticipated, and that is due in part to the fact that participation in this study is voluntary by inmates. The prevalence study reached a milestone of 75 participants this past September. My understandin= g is that was the minimum number required to be able to have an effective study. Enrolment is now completed. The data is being inputted by the University of British Columbia, and the final research report is expected to be completed early in 2016, with the estimated date of completion being in March 2016.= span>
Ms. Moorcroft: Our corrections system expects inmates with FASD to meet certain levels of behaviour and conduct that their disability simply prevents them from meeti= ng.
The ju= stice system presumes that when people break the law or disobey authority, they a= re doing it consciously. This is why they are punished. FASD can prevent people from differentiating between right and wrong, thus making them unable to me= et the rigorous behaviour standards set at Whitehorse Correctional Centre.
Will t= he minister acknowledge that the correctional system is responsible for giving inmates with FASD at Whitehorse Correctional Centre the tools that they nee= d to succeed?
Hon. Mr. Cathers: Certainly that is what we endeavour to do through the programming at Whitehorse Correctional Centre. We have made a concerted eff= ort — and work continues — to try to ensure that our rehabilitative programs at Whitehorse Correctional Centre are absolutely as good as they c= an be in helping to assist offenders in reintegrating into society and reduce = the rate of reoffending. As the member and I have discussed in the past here in this House, there has been significant work and significant process compare= d to the standard of programming within Whitehorse Correctional Centre in previo= us years, but we do recognize that more work needs to be done in this area. = span>
I rema= in committed to continuing to assist the department and supporting them in the good work that they are doing to continuously improve the standard of programming provided to offenders at WCC with a focus on effective rehabilitation and reintegration.
Ms. Moorcroft: Can the minister assure the public that Yukoners with FASD are getting the supp= ort that they need while they are at Whitehorse Correctional Centre? It is wide= ly expected that the prevalence study will show that there are a significant number of people with FASD at WCC. They will need supports in place to ensure that th= ey are fairly treated during their time in the correctional system. It is essential that the Department of Justice is able to offer proper support to inmates with FASD during and after the prevalence study is conducted to avo= id stigma and prevent harmful consequences. The Yukon government has spent more than $600,000 on this project.
Can th= e minister tell the House what new supports the Department of Justice has developed and put in place for people with FASD who are incarcerated at Whitehorse Correctional Centre while they are there?
Hon. Mr. Cathers: The initiatives that have been done by the Department of Justice, both within and outside of Whitehorse Correctional Centre — a few of the notable ones include the Community Wellness Court and Justice Wellness Centre, as well as the complex needs project, which works, in part= , to respond to the needs of offenders with fetal alcohol spectrum disorder and other complex needs. I should also note and commend all of those involved in the Community Wellness Court for the fact that, not only have the results f= rom that court been quite good, other jurisdictions have been looking at the Yu= kon model and are considering implementing it or borrowing from its success. = span>
Within= the Whitehorse correctional system, efforts are made to provide programming that meets the needs of all offenders through individual assessment and determination of those who need additional supports. That is done both for those who have fetal alcohol spectrum disorder as well as others who may ha= ve complex needs that do not meet an FASD diagnosis standard but need specific support or adjustment within the programming support that is provided to th= em.
I want= to reiterate that I believe the department staff have done a good job in raising the standard and improving programming, but we acknowledge that there is more work to be done in this area.
Question
re: Mineral development strategy
Mr. Silver: Mr. Speaker, after spending the initial part of their mandate coasting on high mineral prices, the Yukon Party government decided last fall to do something that m= ight actually improve the mining industry. In mid-November 2014, the government announced plans for a mineral development strategy.
Now, w= ith our economy shrinking for the third year in a row under this government’s watch, that’s a very good idea. A news release at the time said ̵= 2; and I quote: “The strategy, which will be complete in a year …”
We are= only a few weeks away from the government’s own timeline and it is obvious t= hat this will not be met. Public consultations were supposed to have begun in August and they haven’t materialized.
Mr.&nb= sp;Speaker, why is the mineral development strategy not ready on time, as promised by t= his government?
Hon. Mr. Kent: I’m certainly proud of the work that Energy, Mines and Resources has put into the mineral development strategy. We’re looking at a comprehensive long-term plan to guide mineral exploration and development in the Yukon and help build a sustainable industry that adheres to high environmental standards and is engaged with First Nations and communities. =
The Yu= kon government is currently in discussions with First Nations and industry with= the intent of building this strategy, and I guess that lends to part of the del= ay, Mr. Speaker. Obviously we wanted to have it ready for the upcoming Geoscience Forum, but First Nations showed a great deal of interest in this and so we’ve sl= owed it down a little bit to engage them and ensure that we incorporate their in= put into this. While I’m disappointed with the delay, I think it’s = for a good reason when you’re engaging First Nations and ensuring that it’s reflective of their priorities, as well as those of the governme= nt and other Yukoners.
Mr. Silver: Mr. Speaker, our economy has shrunk over the last two years in a row under this governme= nt, and it is forecasted to shrink again. Over the summer, the Yukon Party didn’t release this mineral development strategy as promised, but they did go to court — two weeks in court fighting with the First Nation governments over the Peel watershed. The last-minute four amendments to YES= AA that it championed also have resulted in another lawsuit being filed.
One of= the few good initiatives of this government, the mineral development strategy, hasn’t moved much beyond the drawing board in about a year after its announcement. One of the main themes of the strategy is First Nation engagement.
When i= s the government going to start engaging First Nations instead of fighting them in court?
Hon. Mr. Kent: Respectfully, for the member opposite, I certainly want to repeat the answer that I gave = in my first response. It is precisely because of First Nation engagement and interest in this mineral development strategy that the product is delayed. Obviously, when we first initiated this, we wanted to have it ready for the upcoming Geoscience Forum and launch it there, but I felt it was important — once I heard of the interest of First Nations — to engage with them further and take the necessary time to incorporate their thoughts into what the final product looks like. I had the opportunity, along with the Minister of Economic Development and the Minister of Environment — wh= en we travelled to Vancouver to meet with a number of mining companies —= to share the reasons for the delay with them. I’ve shared it with other industry organizations. Everyone on that side is pleased with the fact that we’re engaging First Nations — not only on this, but the mine licensing improvement initiative as well.
ItR= 17;s unfortunate. I know the member opposite would criticize us if we didn’= ;t seek First Nation input; now he seems to be criticizing us for seeking it. =
Mr. Silver: On the contrary, but before this session began, the Premier said that the government had almost completed its platform commitments and it should be congratulated on a job well done. When he was asked what he had left to do = in the next year, he said, “not a lot”. When your GDP is going to shrink by over six percent in one year, I would argue that there’s an awful lot more work to be done.
The government’s poor relations with First Nations have severely hindered= our mining industry. The fiasco at last year’s Roundup, where the Yukon P= arty ministers refused to attend the First Nations forum on engagement, was a pr= ime example where there was no improvement since.
Maybe = the minister can answer this question — it’s my understanding that = the government’s strained relationship with Yukon First Nations is one of= the main reasons for the delay in moving forward on this new mineral development strategy.
Can th= e minister explain to us why he has missed his own deadlines for this important new strategy?
Hon. Mr. Kent: As I mentioned in the first two answers to the Member for Klondike with respec= t to the mineral development strategy, we had hoped to have it ready for the Geoscience Forum. As we were working our way through First Nations consulta= tion on an early engagement report, I received correspondence from one of the Fi= rst Nations that they would like to take a bigger role within the mineral development strategy. We’ve reached out to them; it has led to some delays in the release.
Again,= I think it’s something that’s worthwhile, obviously — when you’re engaging First Nations. We’re working very closely with = them on the mineral development strategy. We’re working closely with them = on the mine licence improvement initiative in EMR, and each and every minister= on these benches works closely with First Nations on a number of policy initiatives or developments, as I think members can well appreciate.=
When i= t comes to this mineral development strategy, what we’ve targeted with it is the opportunity to emerge from the current downturn in better shape than we went out. Whether it’s in our licensing and permitting regime, in our infrastructure, in our training, in our investment climate or in our relationships with First Nations, we want to ensure that coming out of this downturn, we’re well-positioned.
WeR= 17;re very well-positioned project-wise, much more so than we were coming out of previ= ous downturn in about 2002-04. I’m confident that with this work and other work that is currently underway, we’re going to be in great shape for= the next boom.
Question
re: Solid-waste management
Mr. Barr: Yukon has come a long way since all manner of garbage = was burned, creating toxic smoke at Yukon dumps. Dumps have become transfer stations, diversion targets were set and a solid-waste management plan for = the territory was adopted.
The go= vernment has not backed the plan with proper funding and planning, and solid-waste facilities and the volunteers who manage them are under tremendous pressure. What’s the minister’s plan to alleviate the pressure at rural solid-waste facilities?
Hon. Mr. Dixon: Thanks to the member opposite for the question. It is an excel= lent one. We have made great strides in the way we manage solid waste in this territory over the last few years. I should note that, since 2011, we have = just about doubled the funding in O&M for solid waste, so the criticism certainly is invalid that we are not funding enough. That’s certainly= not the case.
What i= s the case, Mr. Speaker, is we have taken an approach that’s outlined = in the Solid Waste Action Plan, wh= ich is a regional one. We’re working with municipalities throughout the territory to develop many sites into regional hubs. Other sites that are not going to be regional landfills have been converted to transfer stations. We have begun to implement the infrastructure to allow for that transition. One only needs to look at the work done in the Burwash area, in Destruction Bay= , in Ross River and Upper Liard. We have regional landfill agreements with Dawson City and with Watson Lake. We are in negotiations with Haines Junction and = Faro to develop those sites into regional landfills hopefully.
Mr.&nb= sp;Speaker, we have made tremendous strides. We have made considerable investments and we’re taking action. We have a plan — we have a regional solid waste action plan that we’re acting on and we have made a lot of progress. I’m very proud of the department and the government for the strides that have been made so far.
Mr. Barr: The minister doesn’t seem to get the problem. I would extend an invite an= d I will drive around to the solid-waste facilities in my riding and have a look and see what’s really going on.
The minister’s approach isn’t working. The Marsh Lake solid-waste facility is facing tremendous pressure, like many others in the territory. Tires are piling up and haven’t been trucked Outs= ide in years. The huge sea can sat at the dump for two years without being move= d. Most worrying, the pit that contains construction waste will be full in abo= ut a month.
What= 8217;s the plan when the construction waste area at Marsh Lake is full? Will locals ha= ve to drive their waste to other facilities?
Hon. Mr. Dixon: I would like to take the opportunity to commend the residents = of the Mount Lorne area as well as the Marsh Lake area for the transfer stations t= hat they have in those areas. They are of course owned by Government of Yukon through Community Services, but operated by local groups. They have done a fabulous job and I would say that Mount Lorne and Marsh Lake are both prime examples of exactly what we want to see throughout the Yukon — excell= ently run transfer stations that are accommodating, increase diversion, have separation of materials and have separation of hazardous waste from the was= te stream. Those facilities are excellent examples of what we want to achieve other places in the territory.
Now wi=
th regard
again to those specific transfer stations, obviously they are not without t=
heir
challenges. The member is quite right that Marsh Lake’s C and D areas=
are
filling up. That’s why our next step, after achieving regional landfi=
ll
agreements with a number of municipalities, will be to chart out a regional
solid-waste plan for the Southern Lakes, which will consider the transfer
stations in that area. What’s likely a reality of this is that not ev=
ery
single transfer station in the Southern Lakes will be able to accept all materials. That’s something we’ll need to =
do
though after consulting with the residents there. That’s something
we’ll need to work with the residents on very closely, but I would ho=
ld
the Mount Lorne and Marsh Lake transfer stations as marquee examples of suc=
cess
for solid-waste management in this territory.
Mr. Barr: Mount Lorne and Marsh Lake are exemplary. What they need is the support of the government to continue their work.
I woul= d like to say that Marsh Lake solid-waste facility is in year five of their 10-year p= lan. It’s already near capacity and soon it won’t be able to accept construction waste. I brought this forward in this House almost three years= ago — still no action. We are at a place where the government didn’t even come close to meeting its 50-percent waste-diversion target. Yukon Par= ty government’s failure to divert waste means that a new landfill site m= ay need to be considered for Marsh Lake, but the sense is there that there has been no planning for a new site.
In the= last year of its tenure in office, does the Yukon Party government have any plan to address these mounting problems or will solid-waste management continue to lurch from crisis to crisis until Yukoners elect a new government that cares about waste management?
Hon. Mr. Dixon:<= /span> I have to take issue with some of the comments that hav= e been made by the member opposite. To suggest we aren’t supporting those gr= oups who are operating our sites in Marsh Lake or Mount Lorne is simply not true= . We provided considerable funding over the years for a number of things includi= ng infrastructure, monitoring wells and ongoing support for the operation of t= hose facilities.
As I s= aid, the layout of those transfer stations, I would say, is the model that we’= re trying to emulate in other places in the territory. They are very well run. They have separation of materials. They divert considerable amounts of recyclables from the waste stream, and they are examples of what is possible for other jurisdictions. In fact, next year we are hoping to bring citizens from other communities from around the territory to Mount Lorne to show them exactly how well-run that facility is and give them an idea of what is possible.
This i= s not to say that these two particular transfer stations — Marsh Lake and Mount Lorne — are without challenges. They face considerable challenges com= ing from Whitehorse. I think it is a known understanding that residents of Whitehorse and businesses in Whitehorse, as a result of high tipping fees at the landfill here in Whitehorse, are taking more and more of their material= out to Mount Lorne and Marsh Lake. This is also happening on the north Alaska Highway. These are challenges that we have to find solutions for. Those solutions will come by working with municipalities, working with residents = and following through on the plan that we have for solid waste throughout this territory.
Question
re: Climate change
Ms. White: According to Yukon’s Environment Act, the state of the environment report’s purpose is to identify emerging problems for the environment, especially th= ose involving long-term and cumulative effects. The 2014 state of the environme= nt report reveals that the average winter temperature in the Yukon has increas= ed by 5.4 degrees centigrade since 1948. We all know that climate change is ha= ving long-term and cumulative effects on the Yukon’s environment. What is = not clear is how cumulative effects are being accounted for in the territory.= span>
Will t= he minister responsible for the Enviro= nment Act explain how cumulative effects, whether of nature or human activity, are being measured?
Hon. Mr. Istchenko: I do thank the member opposite for the question. Climate change is an issue that has been going on in the Yukon for years. That is w= hy we are sending a really great delegation to COP21. I do not think we have e= ver missed a COP. We have our Climate Change Secretariat and we have our Climate Change Action Plan.
When i= t comes to the question that the member opposite asked — we do a lot of studies.= We look at wildlife studies. We have water monitoring stations. We have many things throughout the department that we do so that we can gather informati= on. All of us see the effects of climate change that the world is putting on us. That is why, when we go to COP21, this is going to be a chance for us to te= ll the Yukon’s story on an international stage, and we have a great stor= y to tell about some of the work that we are doing with our renewable energy, our greenhouse gas emissions and moving forward with our Climate Change Action Plan.
Ms. White: If the government is not measuring cumulative effects, how can sustainable practices be determined to protect Yukon’s environment for future generations?
Hon. Mr. Istchenko: We are measuring cumulative effects. That is why we have ongoing water monitoring stations, ongoing surveys of animals and stuff like that within the department. Some of our work is guided by our Climate Change Action Plan and our energy strategies, and that is what we are moving forward with for the Climate Change Action Plan.=
Question
re: Wildlife viewing tourism marketing opportunities
Mr. Barr: Last spring, I shared with this House that our neighbour, Alaska, had quantified wildlife’s economic importance. In 2011, hunters and wildlife viewers generated economic activity worth over $3.4 billion. Yukon’s Departme= nt of Environment and Tourism and Culture have produced wonderful wildlife vie= wing guides, and a strategy is being developed. The Wildlife Viewing Technical Committee is working with multiple partners. I want to be certain the government is taking the business opportunity of wildlife viewing seriously= .
Can th= e minister confirm its intention to analyze the economic potential of wildlife-viewing businesses playing a part in Yukon’s tourism industry?
Hon. Mr. Istchenko: I do thank the member opposite for the question. We do have a wildlife viewing strategy. We have many programs in place. You just have to look at the spring interpretive centre at Swan Haven.
The me= mber opposite is correct. I can tell you, Mr. Speaker, in my years as a gui= de in the Yukon, I viewed wildlife on many occasion= s. We have printed booklets and brochures, and they are in high demand. = p>
When i= t comes to our visitors and our residents, we look forward to getting information for = them every year. Some of the new publications that we will be putting forward are going to be increasing some of the other animals that we see out there.
Mr. Barr: Tourism is the bright light of our economy. It is a growing and sustainable industr= y, and there is so much untapped potential. Wildlife viewing is a potentially lucrative and sustainable industry for Yukon. Bear Cave Mountain is booking into 2017. The department’s good work to date shows the inventory of wildlife and spaces that could be part of a commercial industry. If the government is serious about economic diversification, this is a niche market and should be studied. Successful businesses require planning as well as a policy framework.
In ord= er to diversify our economy, is the government developing a modern wildlife management plan and a way to include wildlife viewing in land management decisions?
Hon. Ms. Taylor: I am really pleased to hear that the member opposite will be v= oting in support of Tourism and Culture and the Government of Yukon expenditures = as they pertain to wildlife viewing.
When i= t comes to tourism, it is a major economic generator in this territory, and that is why this government continues to invest significantly increased expenditures in support of tourism marketing. One only has to take a look at each of the six television commercials that the Government of Yukon has invested in, in collaboration with the tourism industry, which really highlight and showcase wildlife as a major pillar of our tourism marketing plan.
As the= member opposite has articulated, we will continue to invest in wildlife viewing si= tes. We will continue to invest with the Department of Environment and all of our partners — Swan Haven, the investments in the Yukon Wildlife Preserve, and all of the net economic-generated benefits that are accruing to the Yuk= on government and to all Yukoners, and the intrinsic, the social, economic and cultural values associated with those.
Yes, M= r. Speaker, we will continue to invest significantly in this area — but in all of= our respective pillars that make tourism the success it is today.
Mr. Barr: We are talking about $3.4 billion that our neighbours enjoy, which we haven’t yet hardly experienced tapping into.
All Yu= koners want our economy to have some insulation from the boom-and-bust commodity cycle. That means we need to diversify the economy. We acknowledge that good work has been done in wildlife tourism and that all partnerships have been initiated. We want to encourage government to take its strategic plan for wildlife viewing in Yukon to the next level.
The cu= rrent strategic plan refers to working with commercial tour companies to facilita= te wildlife viewing. To grow this business, we should bring more than large to= ur companies to the table — how about our local businesses?
Will t= he government agree to host an inclusive industry forum for Yukon tourism businesses with the goal of developing a wildlife viewing industry in the territory?
Hon. Mr. Istchenko: I thank again the member opposite for the question. Mr. S= peaker, we do appreciate the value in wildlife viewing. I made a living on it. That’s why we’re committed to some of the programs going out — some of the partnerships that we have, some of the community projec= ts — and local stakeholders that we already work with — with the Tr’ondëk Hwëch’in on the installation of some of our interpretive panels in the City of Dawson, the development of their interpretive panels at Crocus Bluff. Keno City club, an update on interpret= ive materials available at the Keno City Alpine Interpretive Centre — the Girl Guides of Canada and the Swan Haven Interpretive Centre — and my fellow colleague mentioned the wildlife preserve — Ducks Unlimited — the support for the bird monitoring at Swan Haven, Yukon Energy and= our support for the Celebration of Swans — the Town of Faro and the Crane= and Sheep Viewing Festival — and the City of Whitehorse has significant wildlife sites and areas.
Mr.&nb= sp;Speaker, we do understand and we appreciate that wildlife viewing is great for the economy of the Yukon and we plan on working with our stakeholders moving forward in the future.
Speaker: The= time for Question Period has now elapsed.
We wil= l now proceed to Orders of the Day.
Orders of
the Day
Government
Bills
Bill
No. 89: Act to Amend the Municipal =
Act
— Second Reading — adjo=
urned
debate
Clerk: Second reading, Bill No. 89, standing in the name of the Hon. Mr. Dixon; adjourned debate, the Hon. Mr. Dixon.
Hon. Mr. Dixon: It is a pleasure to rise again at second reading to speak to t= his bill, Act to Amend the Municipal Ac= t. As I indicated yesterday, this is the result of a considerable amount of wo= rk done by the Department of Community Services alongside many municipalities = as well as the AYC and the public.
Mr.&nb= sp;Speaker, yesterday I spoke at length about the recommendations that were put forward= by the Municipal Act Review Commit= tee that was made up of representatives of the AYC and the Yukon government. Th= eir work and their report, which was completed in 2014, for= ms the basis of which this act found its inception.
The bi= ll before us today began during the “Our Towns, Our Future” initiative. O= ur government has fulfilled our commitment to conduct a thorough review and pr= ovide an updated, more coherent Municipal= Act. The purpose of this bill is to make changes based on stakeholder input, as = well as to simplify and clarify the rules of the Municipal Act that were identified as unclear or inconsistent. These changes will make the act more functional and will ensure consistency within the act and with other legislation.
Mr.&nb= sp;Speaker, I provided — in my speaking to this bill earlier this week — a = very fulsome history of the consultation that occurred to date. I won’t re= peat that, but I will note that, based on new trends that have emerged across Canada, the Yukon government recognized that improvements could be made to = the act to ensure that Yukon municipalities are sustainable and continue to pro= vide good government.
During= the “Our Towns, Our Future” initiative, the government committed to= a regular review of the Municipal Act= on an as-needed basis, and this bill responds to key issues brought forward= by local governments and members of the public.
After = a thorough collaborative review process that allowed for consideration of recommendati= ons and feedback from municipalities, the government targeted 11 specific propo= sed amendments out of the more than 50 observations that were proposed by the Municipal Act Review Committee. = span>
Commun= ity Services commenced drafting the proposed amendments to the Municipal Act, which included revisions to the legislative text= for clarity of language and coherency. These targeted changes will strengthen municipal governance by providing for both substantive changes to the act a= nd minor revisions that will increase consistency and make the act easier to r= ead, understand and be applied by its users.
Mr.&nb= sp;Speaker, with members’ indulgence, I would like to provide a bit of discussion about the changes. First of all, the bill specifies that the term of office= for newly elected municipal councillors begins at noon on the day after the election. The decision to have the term of office start at noon on the first day after the election is consistent with practices across Canada. It is a clear and simple approach that eliminates confusion, as it outlines specifically when a term starts and clarifies that the powers of councillor= s do not begin until they are sworn in, which generally happens at the first mee= ting of a newly elected council.
An exa= mple of this that members would be familiar with is, earlier this week on Monday, w= hen the new mayor and council for the City of Whitehorse were sworn into office= at city hall. These new provisions allow outgoing council limited emergency po= wers until new councillors are sworn in. This ensures that there is no gap in governance between elections. This will provide clarity to municipalities a= nd allow for a smoother transition from one council to a newly elected one.
These = changes also address issues around privacy by removing the requirement to publicly = post voters lists. In order to, on the one hand, protect voters’ privacy a= nd, on the other hand, ensure reasonable access to this information, the propos= ed changes remove the requirement for municipalities to post the voters list publicly, but provide the public with the right to access those lists at municipal offices. This change is consistent with other Canadian jurisdicti= ons.
Also, = Mr. Speaker, the bill proposes changes that will simplify the requirement for the number= of petitioners needed to trigger a referendum. The bill proposes a consistent approach that will be applied to all municipalities, setting the minimum nu= mber of signatures at 15 percent of the population. The determination of the population will be based on readily available information from Statistics Canada or the Government of Yukon’s Bureau of Statistics. Setting the minimum number of electors required to successfully petition for a referend= um at 15 percent of the population of a municipality is also consistent with o= ther Canadian jurisdictions. This requirement will be consistent across all Yukon municipalities and is also easily quantifiable.
I shou= ld note that previously there was a disparity between Whitehorse and the other communities, and that formed the basis for this particular change.= p>
This b= ill will also define the rules around pecuniary interest in regard to councillors and specify the consequences for members who have a conflict of interest in a m= atter that is before the council for a vote. These changes clarify what is to be considered a monetary or pecuniary interest of a member of council. The proposed amendments also set out clear rules that apply when a member of council has a pecuniary interest in a matter before council.
The bi= ll also lays out the consequences when a member of council does not disclose a pecuniary interest and continues to be involved in the decision-making proc= ess of council relating to that interest.
This b= ill also clarifies that if, due to disclosure of a pecuniary interest by one or more council members in a matter before council, only two members are entitled to vote on that matter. Those two councillors will be deemed a quorum for the purposes of that matter, despite the minimum number required for a quorum. = The goal of this rule is to ensure that council business can still be conducted when council members have declared a conflict of interest. This amendment h= elps ensure that members of council are not involved in decision-making regardin= g a matter in which they may have a monetary interest, but also reflects the realities of many small communities where multiple councillors may have interests in various matters before council.
This b= ill also includes changes that will introduce the new term “municipal service”. The bill proposes that the term “municipal service= 221; be added and that this term encompasses any service that a council considers necessary for residents. This term provides a broader and clearer definitio= n of the types of services that municipalities may provide to their residents. T= his revised definition also reduces confusion regarding terminology used in the= Public Utilities Act.
The ac= t also simplifies wording on service agreements with other governments. This new section clarifies that a municipality may enter into an agreement with anot= her municipality, a rural government, Yukon First Nations, Government of Yukon = or Government of Canada. These agreements will enable the parties to collectiv= ely provide a municipal service within boundaries of the municipality or in the area a partner has jurisdiction over. This not only addresses confusion, but also encourages new partnerships.
The bi= ll will also establish the process for developing a local advisory council. This proposed change establishes a process by which potential electors of a rural area can make a request to the minister that a local advisory area be established. This change also provides the minister with the discretion to initiate this process without a request from potential electors. The amendm= ents create a formal process for creating a local advisory area, which will then enable the process for creating a local advisory council. This will once ag= ain set out a clear and straightforward process that ensures fairness and clari= ty.
The bi= ll also recognizes and authorizes that municipalities may adopt appropriate zoning bylaws as soon as possible after amendments to official community plans, be= tter known as OCPs. While some municipalities are already doing this, feedback f= rom stakeholders indicated that completing the OCPs and zoning bylaws simultaneously is a good practice that reduces administrative tasks and maximizes public engagement. This bill encourages municipalities to complete official community plans and zoning bylaws at the same time, making the pro= cess more streamlined and efficient.
This l= aw also removes the Yukon Municipal Board from the official community plans process. The current requirement that official community plans must be reviewed by t= he board was deemed by stakeholders to be unnecessary, repetitive and to have limited value. As with other public documents, the official community plans= are available for public review at any time. In this bill, we see a narrowing of the function of the Yukon Municipal Board.
Additi= onally the bill outlines that, prior to holding public hearings regarding proposed official community plans or amendments, notice of the proposed changes must= be published as least once weekly for two successive weeks. The amendments sho= rten the minimum time between the last notice and the public hearings from 21 da= ys to seven days. This change will help to reduce the time lag between the last notice and the public hearing itself. This supports public turnout and enha= nces public engagement, as it ensures that the matter stays fresh in the public’s mind.
Also, = Mr. Speaker, members will notice that throughout the bill there are changes related to t= he clarification and simplification of language. Increasing clarity means that= the act will provide legal rules that are easier to understand and apply by its users. Achieving this goal means using consistent terminology, approach and process. With these amendments, several long-standing issues will be addres= sed and the Municipal Act will beco= me simpler and clearer. The updated Mu= nicipal Act eliminates unclear and confusing clauses, which will assist in redu= cing the administrative burden on municipal governments and remove barriers to t= heir success.
These = amendments bring Yukon local governance in line with other provinces and territories in Canada and make governmental processes consistent across our territory. This bill supports this government’s desire to increase the capacity of municipal governments and support strong Yukon communities.
I woul= d like to thank the Association of Yukon Communities, Yukon First Nations, municipalities, local advisory councils and the public, as well as the vari= ous departmental officials from Community Services and our colleagues in the Department of Justice who assisted in preparing this new legislation that w= ill help to ensure success in our vision of vibrant, healthy and sustainable Yu= kon communities.
In clo= sing, I think I provided a thorough explanation of the background to this bill; the OTOF process which led to the Munic= ipal Act review; the excellent work done by the Municipal Act Review Committee, which consisted of members of t= he AYC and Yukon government. I want to thank those six individuals for their excel= lent work on that review. That review, of course, informed the decisions that are brought to fruition through this bill. I want to again thank all of those municipalities that contributed to this, especially — as I noted earl= ier this week; it is often the case that we thank mayors and councils as the fo= cal point, but I wanted to take an opportunity to thank all of the municipal officials — whether they be CAOs, whether they be finance officials or whether they be those involved in the day-to-day operations of a municipali= ty. Those folks provide a tremendous service to the Yukon communities and make = the Yukon such an excellent place to live.
With t= hat, I look forward to hearing from other members here at second reading about the= Municipal Act and some other examp= les of how this government has worked exceptionally well with Yukon municipalities= and the AYC. I think this is a wonderful example of that working partnership an= d I commend this bill to the House. I look forward to getting into debate in Committee of the Whole to discuss the finer points of the legislation and w= alk through it, clause by clause, with officials and with members across the fl= oor as we explore the various aspects of this bill.
With t= hat, Mr. Speaker, I commend this bill to the House and thank members for their indulgence.
Ms. Hanson: I thank the minister for his review of “Our Towns, Our Future” the other day and again for his opening remarks and explanation of the intent of the government as it tables the amendments to the Municipal Act that are before us today. As my remarks this afternoon will confirm, the New Democratic Party considers the Municipal Act to be an extremely important piece of territorial legislation. It is legislation that provides overarching direction to the affairs of municipal and local governments and= their citizens.
We als= o join the minister in thanking the hard-working officials from the Yukon government, municipal and local governments who have worked on this important file over= the years. We also join in thanking all those who participated in “Our To= wns, Our Future” and the various discussions that have occurred. I know th= at this minister and previous ministers of Community Services from the governm= ent side have participated in many conversations with members of the Associatio= n of Yukon Communities and this has certainly been a featured aspect of “O= ur Towns, Our Future” in the conversations at the annual meetings of the AYC.
We exp= ect that, generally, the contents in Bill No. 89 — if they reflect the deep thinking and the consultation that have occurred among those many players o= ver the years — should be good and it should be passed in this House. I h= ave expressed to the minister previous to this day and just want to put it on t= he record that it is unfortunate that the process being followed by the minist= er and government as they table Bill No. 89 demonstrates a lack of concern abo= ut ensuring that there is a fostering of an informed debate on this important piece of legislation. Why do I say that? Well, the Municipal Act itself is about 181 pages long. The amendments are contained in a bill that is 60 pages long, which was introduced on Monday. = We were offered a briefing the next day, and at that briefing no proper documentation — well, no documentation — was given that would assist the opposition in its task of scrutinizing the bill. The past practi= ce has been that there would be a side-by-side or comparison of existing legislation, proposed changes and implications thereof.
When t= his legislation, the Municipal Act — and I know that some members opposite were around government when t= he bill was passed in 1998. It was developed and had an evolution that came fr= om both a Yukon Party and a NDP final version of the legislation in the articulation of the Municipal Act <= /i>that came from an NDP government — but it came through a non-partisan proc= ess. It is kind of unfortunate that with an important piece of legislation like this, we cannot treat it as something that we all want to be on the same pa= ge with as we approach the amendments. It makes it more of a hunt-and-seek as opposed to where we are working on this together to make this important pie= ce of legislation effective. So for a government that promised to build good governance as part of its pillars, the actions on this bill suggest they are not that keen on proper debate in the Legislative Assembly.
That h= as posed some challenges, but that being said, the NDP Official Opposition is in sup= port of all efforts to keep Yukon legislation current. We want to be afforded the time necessary to review the proposed amendments. As we have said before, t= he Municipal Act is a cornerstone of = the democratic process in this territory. Every citizen, every resident of Yuko= n, is directly affected by decisions taken or not taken by their local governments. I want to reaffirm that the New Democratic Party holds in high= est regard the women and men who put themselves forward to serve on the local governments throughout the Yukon. In most cases, people who take on these r= oles work extremely long hours for modest compensation.
You kn= ow, Mr. Speaker, Yukon’s Municipal Act has= gone through considerable evolution over the years. The most substantive changes= to how our local governments are structured, their powers and their relationsh= ip with citizens and other levels of government culminated, as I mentioned earlier, in the Municipal Act of 1998, passed into law under the New Democratic government. As members of th= is Legislature will recall, the mid- to late-1990s= was an exciting time of political change in the territory, which was manifest in the conclusion of a number of First Nation final and self-government agreements, as well as a move to greater decentralization or devolution of federal powers to the Yukon government. There was the health transfer in 19= 97 and then later on, the work that was being done in the late-1990s toward the devolution of land and resource management — those responsibilities from the federal government — to provincial-like responsibilities to the Yukon.
One wr= iter has observed that these circumstances that led to the 1998 Municipal Act created an environment where the Yukon’s Municipal Act became one of the mo= re audacious steps ever undertaken by a Canadian Legislative Assembly in the evolving democratization of the way Canadians are governed. This act broke = the established concentration of power by giving citizens the means to become engaged and actually make a decision on an issue of significance to them, whether recognized by elected politicians as such, or not.
This f= undamental principle of respect for citizen engagement in the decision-making process = is a key feature of Yukon’s Munici= pal Act. Mr. Speaker, it’s important that we look at the context= of how this act evolved, keeping in mind that, as the evolution — as I mentioned earlier about the political evolution in the territory that was g= oing on, and as more recognition had been given to First Nation governments that were no longer under the purview of the Minister of Indian and Northern Affairs, it seemed less acceptable — and it was less acceptable ̵= 2; that municipal local governments should be under the similar parallel contr= ol of a minister of the territorial government.
It was= under the New Democratic government in the mid-1980s to 1= 989, or something like that, where the concept of recognizing that municipalities should get block funding — unconditional grants — which is something that was also negotiated in the First Nation agreements — a= nd to give municipal governments similarly what we saw was happening in the parallel world of First Nation governments — the responsibility to set the priorities for their governments and to be accountable for their decisi= ons to their citizens. That’s about self-determination; that’s what governance is all about.
It was= from that perspective that there was at that time, in my understanding — simila= rly another — as we went through the development of the Municipal Act leading toward 1998 — this Municipal Act Review Committee outlined and found 15 guiding principles — is what they referred to — which became the foundations for that 1998 Municipal= Act — principles that, in my mind, continue to be reflected in the current legislation.
Mr.&nb= sp;Speaker, I actually asked the officials at the briefing the other day to confirm tha= t, in fact, that was the understanding. I’ll talk to that a little bit in terms of how those principles then got rolled into the preamble of the legislation, which is incredibly important.
Of the= 15 principles the Municipal Act Re= view Committee of the day sought to see incorporated in the new Municipal Act, those principles were considered to be a head ab= ove everything that was going on across this country in terms of acknowledging = and reflecting the importance of that local level of government, and also just = the concept of advancing Yukon municipalities as sort of an important aspect of democratic governance in this territory — really important.
One of= the key principles was the fourth principle, which spoke to the accountability that needed to be one of the foundations for the Municipal Act. I talked earlier about making local decisions. The people who were on that municipal advisory committee in the late 1990s recommended that the Municipal Act should ensure that municipalities are accountable= to their electorate and taxpayers as well as to the Yukon Legislative Assembly through the minister.
That p= rinciple recognized that the electors and taxpayers — you and I — are respected as equals with the Yukon Legislative Assembly by requiring munici= pal councils to be accountable equally to the citizenry as well as to the Legislative Assembly. It’s a concept that doesn’t apply in many contexts, so it puts a huge onus, in many ways, that hadn’t been ther= e before.
One of= the key principles of the then new legislation was a principle that was simply call= ed “public participation”. In my view, that’s the key. That = is absolutely fundamental to the democratic principles that the Municipal Act is intended to convey — and more than just convey, but to exemplify.
That n= otion of public participation — that citizens have a chance to be responsible = for their own governance — is a pretty powerful concept. This principle of being responsible for your own governance is linked to that principle of accountability. Public participation in municipal government or local area governments is essential if municipal or local governments are to be accountable to their citizens.
In the Legislative Assembly, we’re structured in a very different way. We ha= ve an Official Opposition when our parliamentary system is charged with holding the government to account. In a municipal setting we don’t have that,= so the notion of providing a means for public participation to hold — to find means and methods, as set out in legislation, where that principle of democratic, public participation and accountability are enjoined. That was pretty groundbreaking and was considered so across this country.
Those = 15 principles that the review committee of the day articulated and presented to the ministers of that day evolved into the preamble of the Municipal Act, a preamble that exists today and should guide us= as we consider the amendments before us.
I think it’s just really important to sort of look at what that preamble says= . I was so pleased — because you never know what is going to come out of legislation or proposed amendments to legislation — to have it confir= med for me that the preamble to the Mun= icipal Act will still guide us as legislators, as we look at the content and context of the Municipal Act, a= nd those people who are called to serve under this Municipal Act.
The pr= eamble reads that: “…this Act was developed in a spirit of partnership, mutual respect, and trust between the Government of the Yukon and the Association of Yukon Communities;
“= ;AND WHEREAS it is desirable to establish a framework for local government which provides for the development of safe, healthy, and orderly communities foun= ded on the following principles:
“= ;That the Government of Yukon recognizes municipalities as a responsible and accounta= ble level of government;
“That Yukon municipal governm= ents are created by the Government of the Yukon and are responsible and accountable” — so the accountability provision — “to the citizens they serve and to the Government of the Yukon;
“= ;That the primary responsibilities of Yukon municipal governments are services to property and good government” — good government — “= to their residents and taxpayers;
“= ;That public participation is fundamental to good local government;
“= ;That sustainable Yukon communities require financially solvent local governments that are responsive to the public’s need for affordable public servic= es; and
“= ;That local governments have a significant responsibili= ty for furthering compatible human activities and land uses.
“= ;AND WHEREAS the Government of the Yukon and municipal governments shall respect each other’s responsibilities to provide programs and services to the people of the Yukon;
“= ;AND WHEREAS local governments in the Yukon require greater flexibility to work together with Yukon First Nation governments...”
First = Nation governments came into this Municipa= l Act in 1998 — reference to it. It is significant and provides huge opportunities, which I am sure we will see tracked into the proposed amendments.
“= ;AND WHEREAS the Government of the Yukon wishes to empower municipal governments with the authority necessary to effectively govern in the new millennium…” We are in the millennium.
Sevent= een years later, the principle of public participation as articulated in the preamble= to the act is fundamental to good, local governance. If it is to be more than = mere symbolism, the Municipal Act, as amended, must continue to provide tangible opportunity for public participation.
I say = this — and I am not trying to belabour the point, but absent the compendium approach or the detailed briefing on how these principles are tracked into = the proposed amendments, I am stating this as what we expect to see as the Offi= cial Opposition in terms of the consistency with the intention of the government= in what we say the act should do and then make sure that, as we see the detail= s of the proposed amendments, they are going to be manifest.
As we = work our way through the details of these proposed amendments, as I said, we will be seeking clarification and assurances that the means of ensuring public participation continues in the amended legislation.
When t= he then new Municipal Act was presented= for second reading, the then minister and former chief, Dave Keenan, from Teslin Tlingit Council, highlighted four aspects of the Municipal Act that represented significant change in the long-standing structure of municipal legislation in Canada. Keep in mind, M= r. Speaker — and I know that members of this House will recall — that Mini= ster Keenan, just three years prior to that, had the coming-into-effect of the Teslin Tlingit final agreement, so he understood full well what a revolutio= nary change in First Nation governance had occurred has a result of the recognit= ion of the First Nation government.
He rec= ognized the important of ensuring that First Nation governments and that municipal governments were not put at a disadvantage and that the strength of communi= ties like Teslin — and we have seen this manifest over the last 20-some ye= ars. The more you empower the local governments, whether First Nation governments through their final agreements or local governments like Teslin, to work together, the stronger the fabric of the Yukon becomes.
When w=
e look at
Hansard in November 1998, when he presented that new legislation for second
reading, the minister highlighted the aspects that he thought represented t=
hose
significant changes as I mentioned. The first of those aspects was the
provision for public votes, going back to the principle of public
participation. I quote: “The provisions for petitioning and public vo=
tes
put the checks and balances into the hands of the electorate. The new Municipal Act gives voters the pow=
ers to
oversee the affairs of the municipality and to provide binding direction to
councils on important issues. Public vote provi=
sions
allow the electorate to petition for a vote on matters within municipal
jurisdictions. If a petition has enough support for a public vote, the coun=
cil
will be bound to seek input from the electorate, and may be bound by the
results. This gives citizens a meaningful process to ensure that councils a=
ct
on issues the voters” — the voters — “consider
important.”
I emphasize this because, as I said earlier, local go=
vernment
is unlike the parliamentary structure, and the principles that were set out
ultimately in the legislation — but reflecting the recommendations th=
at
had come from the Municipal Act Review
Committee — was to ensure public participation and accountability. I
think that it is generally accepted that Yukon’s 1998 Municipal Act did more than expand=
that
idea of ensuring the provision of public participation because it replaced =
what
I understood to be a specification in the law about when a vote must occur =
by one
that empowered the citizens to actually put to the test any matter that had
come for their approval. I am raising this and I am not trying to belabour =
it,
but there have been movements of pieces of the provisions with respect to t=
hose
provisions around petitions, plebiscites and referendums. Quite frankly, on=
the
face of it, I can’t track it, so I want to reiterate why we think thi=
s is
so important and we will go through it in detail because we want to ensure =
that
we haven’t diminished the importance of that element.
The first step was to be a petition, and we have a pe= tition still referenced in the legislation. I want to keep in mind that the purpos= e of a petition isn’t to pass judgment on the subject matter, but it’= ;s to ask the citizens’ participation — public participation. Whether or not some matter that I bring forward to the counci= l on petition, whether or not that the decision should be made by council alone,= or, if we follow through the process that was set out in the act, if that decis= ion should be left to the citizens through a binding referendum.
ItR= 17;s pretty powerful, in terms of investing citizens with those powers.= p>
That p= etition — and I want to see how it’s reflected in this legislation R= 12; was only concerned with the who — that aspect of it — of a decision, or a decision that might be made in the future. The second step — which is still in the act but it’s just not clear as to how it’s following through — is the decision-making referendum. As = the minister said, the threshold for the decision-making referendum has been changed.
What w= ill be important is that the process in the legislation that we see before us today will withstand the tests for which the Municipal Act has been put to trial and failed, with respect to referenda, in the past. We’ve had the Alberta Court of Appeal that overruled — or basically ruled that the provisions, as they were written, wouldn’t w= ork. If the intention was that decisions could go to referenda and that we did w= ant citizens’ participation, then our job as legislators is to make sure = that we craft the legislation to reflect that intent, so we’ll be looking = for that kind of confirmation as we go through the legislation with the ministe= r.
I̵= 7;ve been reading about and getting ready for not just this debate — because I = have talked over the last few years about the importance of this Municipal Act. Probably it was tri= ggered because of the unfortunate circumstances that arose around the failure of t= he Yukon government to respond to the challenges placed on the efficacy of the= Municipal Act when the Alberta Cou= rt of Appeal said that provisions of it didn’t live up to what their intent= ions were. I have spent a fair amount of time over the last few years trying to understand that and reading — and there have been, surprisingly, at l= east two or three different documents written about the Yukon’s Municipal Act — who would ha= ve thought? It’s true.
I̵= 7;m just trying to think — I was writing this very quickly at lunchtime, so I = have to find my scribbles. I’m hoping that they haven’t varied the provisions with respect to petitions, plebiscites and referendum. I just kn= ow that they’ve been moved and I’m not sure what the impact of the moving and the restructuring of the wording is, and so we’ll look for= ward to gaining an understanding of whether or not the changes are merely cosmet= ic, whether they are intended to augment the roles of these means of public participation or if there has been a change to this fundamental element of = the Municipal Act.
I have= commented previously that the Municipal Act= i> is a massive document, in excess of 180 pages, and the amendments exceed over = 60 pages roughly. My comments this afternoon are not intended to address the w= hole of the act.
So bef= ore I wrap up, I do want to address another matter that has come before this House in = this and previous sessions, and that’s the conflict that arises between the authority and responsibility of local governments — as we saw in the preamble to the legislation — with respect to having a significant responsibility for furthering compatible human activities and land uses. That’s the conflict that arises again, the authority and responsibili= ty of local governments, of municipal governments, to develop comprehensive official community plans and to have those thwarted time and again by the inconsistency and potential and actual real — because we’ve experienced it — conflict that arises between the powers set out in t= he Municipal Act and the Quartz Mining Act.
In 201= 5 it seems strange that this matter does not appear to have been addressed during the course — or maybe it was addressed; I know it was discussed in various communities, but what I’m not seeing is it reflected in the legislati= on. So I’ll be looking to the minister for explanations of how it has bee= n addressed, because this is a critical issue not just for municipal and local area councils, but for home owners whose most significant single investment is threatened by the anachronism of allowing mining or mining-related activity adjacent to residential properties. I do look forward to discussion on this matter with a view to gaining an insight into how or when this Yukon govern= ment will address this issue in a manner that befits the 21st century= .
I know= there are others today who wish to speak and I do wish to reiterate my previous disappointment in the refusal of the minister to direct his officials to provide the opposition members of the Legislative Assembly with the same to= ols for analysis and comparison between the current act and proposed amendments. Quite frankly, a seven-paragraph, two-page summary doesn’t cut it. = span>
We owe= it to all Yukoners to ensure that all members of the Legislative Assembly review prop= osed amendments with a view to having a full, comprehensive understanding of the intent of the proposed amendments.
As I s= aid earlier, the Municipal Act of 1= 998 was remarkable for the non-partisan manner in which it was developed, start= ing with the work of a municipal advisory review committee established under a Yukon Party government and carried forward and enhanced and adopted by an N= DP government. Surely we can at least meet that test 17 years later. = p>
With t= hat, I look forward to going through the details of the proposed amendments to the Yukon’s Municipal Act and= look forward to being able, pending the outcome of that review, to be able to support the proposed amendments to the Municipal Act. Thank you, Mr. Speaker.
Mr. Silver: I am pleased to rise today to speak to Bill No. 89, Act to Amend the Municipal Act. Municipalities — we just = had an election up in Dawson and I would like to take this opportunity to congratulate Mayor Potoroka, Councillors Stephen Johnson, Bill Kendrick, Kyla MacArthur and Jay Farr. We have a lot of retur= ning councillors and, of course, His Worship, Mayor Potorok= a is returning as well. The newbie, I guess, on the council would be Jay Farr, but he comes with an awful lot of experience as being a councillor for the chief and council with the Tr’ondëk Hwëch’in. An excellent team — and I would like to reiterate the words of the Official Opposition: it’s a monumental task and not a lot of fiscal reward for these positions. We owe a lot and we thank them a = lot — the council — for the work that they’ve done in the past and also the work that they continue to do in the future.
I woul= d also like to take this opportunity to welcome to the City of Dawson our new CAO,= Andrá Larabie. I h= ad a chance a couple of different times to meet with him and he’s a great complement to the team and I look forward to working with him as well in the future.
Mr.&nb= sp;Speaker, I’m very happy to see that the majority of the recommendations have b= een adopted and included in the new Mun= icipal Act. These changes will provide much of the clarity that the municipali= ties have been asking for over the years. I spoke with the AYC president after t= he legislation was tabled. Our conversation started with the fact that of cour= se, because this was embargoed up until the other day, he was doing what I was doing — poring over the results and making sure that the actual legislation matches up with the recommendations. We spoke on some of the priorities that they were hoping that actually made it into the bill. The biggest recommendation that they were looking for were changes to their abi= lity to levy fees for municipal services, which appears to have been adequately addressed, and I thank the department for that. This is a major issue for t= hem as the municipalities outside of Whitehorse — they take on greater responsibilities and have fewer resources to pay for them, so this was a ve= ry important point.
One ot= her point that I would like to touch on is the counter petition. I know that there has been some controversy around the use of petitions at municipal council. My understanding is that the counter petition was a suggestion by YG. Petitions — they’re of course an attempt to introduce more direct democra= cy at the municipal level. The challenge is that sometimes petitions push a council to do things that are counter to other legislation or decisions. The counter petition is a mechanism in which the public has an opportunity to present against another petition to debate both sides of an issue. Now, I h= ave not heard anyone at the municipal level upset over this not being included,= but if the minister could explain when we get into Committee why this proposed amendment was rejected by the AYC — then that would be much appreciat= ed.
Mr.&nb= sp;Speaker, I would also like to bring up changes to the request for referenda. The new= act now has changed the threshold for a petition requesting a referendum to 15 = percent of the total population from the previous mark of 25 percent of the elector= s. I also hope to hear from the minister during Committee as we debate this on w= hy this change was made and how it may impact petitions being put forward.
Another recommendation that is addressed is the elimination of the Yukon Municipal Board from the official community plans. Now I have heard from many people = who work in the municipalities that the YMB is a bit of a black box. No minutes= or reports are ever released from them. The municipalities appear to be in fav= our of this move and would like to see its role further reduced.
My und= erstanding from the briefings is that the Yukon Municipal Board is braided through many different pieces of the legislation and is complex, so hard to eliminate — I guess would be the way of saying it. However, if it is to continu= e to exist, it should be more open and accountable.
One fi= nal issue that was not however addressed is mining within the municipal boundaries. Although this was known in advance, it continues to be an issue that municipalities have to deal with and bears being mentioned here today. Most= of Whitehorse, as we know, is now off-limits to mineral staking because of a staking moratorium on about 75 percent of city lands, and this took effect = in 2015 for a period of five years. A more decisive approach would provide certainty to the mining industry, to the municipalities and it would be welcomed by the municipalities.
Those = are my opening remarks and I look forward to discussing this further in Committee = of the Whole and I hope the minister can address some of the concerns that I h= ave raised here today.
Thank = you, Mr. Speaker.
Mr. Barr: To begin my remarks about Bill No. 89, which makes amendments to the YukonR= 17;s Municipal Act, I would like to = begin by paying tribute to our community leaders. Yukon is blessed to have a stro= ng corps of municipal councils, local advisory councils and hamlet councils. In most cases these mayors and councillors are volunteers who dedicate countle= ss evenings, weekends and more to the betterment of our community through public office.=
I woul= d also like to thank all the work by those officials drafting this Bill No. 89.
As Yuk= on’s NDP Community Services critic, I am fortunate to be able to spend time list= ening to both public office holders themselves, as well as the Association of Yuk= on Communities, in order to better communities that continue to require significant capital support.
In som= e cases there is a high level of interest in municipal politics during this fall’s municipal elections. I was glad to see the vote take place this fall without major incidence. However, we also had to dust off our copies of the act to find out how Community Services would handle the fact that, in s= ome communities, fewer people ran for office than there were council seats. In = one community, nobody ran at all. Two mayors were acclaimed. The territorial government had to extend the nomination period in order to enhance the opportunity for people to run.
As I m= entioned in Question Period today, solid waste continues to be a significant problem= for many of Yukon’s municipalities. Ongoing challenges in dealing with the territorial government over this and other issues mean that strained relationships reduce our collective capacity to improve the lives of the Yukoners who elected our public officials.
As we = look to the next phase of the Building Canada fund, the ability for governments to = work together in good faith will become very important indeed for infrastructure. We’re being asked to discuss some very important issues as part of th= is bill’s debate: petitioning for referendum, clear conflict of interest rules, official community plan rule changes and changes to local advisory council creation and operation rules. These are all significant issues that I’m looking forward to debating.
As we = discuss the changes in more detail, I look forward to digging into the specifics of what this legislation does and how it will come to be. At their essence, municipalities are an extremely important element of this territory’s political fabric. Mayors and councils are often at the front line of service delivery. They do the important work that often receives less recognition t= han it deserves, because municipalities are the ones that do the work that is so important to our communities’ well-being, so we just expect it to hap= pen.
With t= hat in mind, I’m looking forward to the debate on Bill No. 89 and to working= to ensure that Yukon’s municipalities are supported by an eager and will= ing partner at the territorial level.
Hon. Mr. Cathers: I’m pleased to rise here today in support of Bill No. 89= , Act to Amend the Municipal Act. I = would like to begin by acknowledging the work of the many people from the Yukon government, as well as municipal governments, who participated in the review and provided their input and thoughts about modernizing the Municipal Act.
I woul= d also, as past Minister of Community Services, like to acknowledge the work of staff = of the Department of Community Services during my time, as well as during the tenure of the current and previous ministers of Community Services. This has been a very long multi-year project because of the level of detail and the number of people involved in reviewing and contributing to the Municipal Act. I would like to as = well acknowledge the work of staff of the Department of Justice for drafting this amendment to modernize Yukon’s Municipal Act.
As I b= elieve my colleague — I may be repeating some of what my colleague, the Ministe= r of Community Services, said, but I will attempt to not repeat it at length. The fact is that what this act does is modernize a number of substantive portio= ns of the act, including clarifying the process for establishing local advisory areas, which then create local advisory councils. It includes removing the requirement for municipalities to post a list of electors. That is due, in part, to the modernization of standards around privacy from where they were= in 1988 when the act was first tabled.
The ru= les around petitions — I heard some questions from the Leader of the Official Opposition in apparent confusion, so I would like to help her and her colleagues in navigating the act. They will find the section on plebiscites= and referendums, which include provisions around petitions, contained in divisi= on 16 beginning on page 19 of the Muni= cipal Act. I think that if members read that section, they would see that it = is rather straightforward and clear in the provisions.
I shou= ld note that some of the changes that have been made in the Municipal Act are substantive in nature and in some cases the language was cleaned up to make it more user-friendly. That was one of the specific requests that the Department of Community Services had received fr= om municipalities, which were contributing to the review. Some of the provisio= ns in the act were confusing to read and there was a request to make it more readable and have it more in plain language, rather than in language, for s= ome reading it, that seemed like arcane or confusing legislative drafting.
The act modernizes the rules on conflict of interest and disqualification of members for councils. It provides a consistent formula for the number of signatures that are required on a petition with respect to a referendum. It shortens t= he timeline for notices in respect of a hearing for an official community plan, and it removes the obligation for a council to provide a copy of the propos= ed official community plan to the Yukon Municipal Board.
I woul= d like to just add, further to a question that came from the Member for Klondike, tha= t we should note that the role of the Yukon Municipal Board is not only covered within a number of acts, but today, the Yukon Municipal Board plays a very important role in rural Yukon — that being outside of municipalities = — in the role that it plays for appeals by citizens of decisions that have be= en made by the Land Planning branch. It provides an important and valuable app= eal mechanism for property owners who have an issue or concern with a decision = made by an official.
The ac= t contains provisions that clarify the provision and scope of municipal services. Agai= n, some of those changes are new and substantive and some of those provisions = are simply cleaning up the language to be more user-friendly and easier to read= . As members will probably understand and realize, one of the reasons that this = act was put into more readable language and why that was a request from those municipalities and Association of Yukon Communities members, who had asked = for that change, is that the turnover in local government, the election of new councillors and the turnover in staff over a period of years can mean that = it poses a challenge for local levels of government to try to brief new people= and have them fully understand the roles, responsibilities, powers, et cetera as set out in the Municipal Act. I= t is intended to be simplified by making the language easier to read for those w= ho are not familiar with reading legislation on a daily basis for fun.<= /p>
I also= wanted to note that the changes within the legislation here also provide clarification around revenue generation, specifically in relation to a council’s authority to impose property taxes, local improvement taxes and municipal service charges.
In clo= sing my remarks on this, I would be remiss if I did not again acknowledge all of the participants in “Our Towns, Our Future” review that began and l= ed up to the specific review of the Mu= nicipal Act changes and note — as I believe the Minister of Community Services may have, in his introductory remarks — the fact that the act’s changes had been delayed from the spring at the request of the Association of Yukon Communities because of a desire to see some additional changes. I believe that, if memory serves, at that point, the request had b= een made to do some further amendments to sections of the act to make it more user-friendly and easier to read. That, as well as the explanation to part = of the Leader of the Official Opposition’s questions regarding why there= was a new section related to petitions and referendums — the changes have been explained, both within the explanatory notes and I believe by officials and the minister himself — but portions of that section were cleaned = up to make it more readable and less confusing for the average person to read = and to navigate through.
With t= hat, I would just like to commend this legislation to the House and again thank al= l of the staff who spent many, many hours working on this legislation. I believe that this modernization will stand the Yukon, Yukon municipalities and local advisory councils in good stead for years to come.
I woul= d like to again congratulate all of the successful candidates in the recent Yukon municipal elections, both in municipalities and on local advisory councils. They play an important role in their communities and in representing the citizens of their areas to the Yukon government in the case of local adviso= ry councils. In the case of municipalities, they play an important role in managing and running the municipal services within each and every incorpora= ted municipality in the territory.
With t= hat, I will conclude my remarks and commend the legislation to the House.= p>
Hon. Mr. Graham: I come at this piece of legislation in a slightly different ma= nner, I suspect, from other members. I have dealt with the Municipal Act since about 1999 or 2000.
I was = first elected to a municipal council, I think, in 2000 or 2001, and I wanted to understand what the responsibility of a municipal councillor was long before that election. I made it a point to become familiar with the legislation. I= was struck at that time — and this attitude was confirmed by the Leader of the Official Opposition — by the paternalistic attitude of this piece= of legislation that was created in 1998, and I only have to echo words uttered= by the member, the Leader of the Official Opposition, where she said that, in = this legislation, councils should be accountable to their electorate and to the Legislature. I thought to myself at the time, “Why would a fully elec= ted municipal council be responsible to the Legislature?” The Legislature= of the Yukon isn’t responsible to the Government of Canada, and the Legislature of the Yukon receives a huge amount of money from the Governmen= t of Canada, and we sure didn’t, at the municipal level, receive that amou= nt of funding from the territorial government. I was struck by that. = p>
The ot= her thing that concerned me was the inclusion in 1998 by an NDP government of the vast powers of the Yukon Municipal Board. I was really happy that the current mi= nister agreed that some authority of the Yukon Municipal Board should be reined in= . I was pleasantly surprised to hear that the Leader of the Liberal Party agreed with me and agreed with the minister.
The Mu= nicipal Board reduction in authority should be reined back, and there’s a very simple reason for that. The Municipal Board, as the member opposite said, isn’t really open and accountable for its decisions. In fact, in the = Municipal Act, it is accountable o= nly to the minister for their decisions, but it also had authority to change decis= ions made by municipal councils. and I found that utt= erly unbelievable — that a municipal council could make a decision with respect to zoning or a number of other areas under the Municipal Act, and that decision could be appealed to a group of unelected people who then would make a decision to which they were not responsible to the municipality. They were responsible only to the minister. That always struck me as something that, from a municipal point of view, was totally out of character. I don’t believe that unelected officials appointed to a board should ever be able to reverse a decision made by elec= ted members.
It was interesting to me to hear the Leader of Official Opposition when she talked about accountability to the Legislature and where petitions and referendums= fit in the whole scheme of municipal elections or municipal operations. I thoug= ht, during this time, “Isn’t it odd that a government of the day wo= uld insist that petitions and referendums be applicable to municipalities throughout the territory but that Government of Yukon isn’t bound in = any way by a petition or a referendum?” I thought that was kind of unusual and unnecessary as well, because public participation in a municipal arena = is something that many territorial legislators probably wouldn’t underst= and, even as small as we are, because public participation means that the public gets to talk to municipal councils on a weekly basis. I’m speaking no= w in terms of what’s available in Whitehorse. It’s not only the elec= tion process, which I believe is the finest example of public participation, but it’s through the weekly interaction between residents who come before councils and the municipal councils.
It was interesting to me also that, in the last referendum held in Whitehorse R= 12; or at least the last one that was held while I was a municipal councillor — I believe it was 20 percent of the electorate in total who voted at that referendum. That meant, Mr. Speaker, that a mere 10 percent of the electorate would make a decision that could potentially overturn a municipal council’s decision, and that to me also just didn’t make a whole lot of sense.
Most o= f the changes here I agree with wholeheartedly, and I’m not speaking for the government when I say, on a personal level, that in many cases they didn’t go far enough. I believe that a municipal councillor should be given a four-year term. However, during my term as president of the Associa= tion of Yukon Communities, it became very clear to me that this was not what sma= ll rural communities wanted. As president and representing everybody in the territory, I agreed with them that three years should be something that cou= ld be carried on, but I really encourage the council of the City of Whitehorse, which in the past has talked about a municipal charter that they would negotiate with the territorial government, to go ahead and do this, because= I found during my four terms in the City of Whitehorse that three years didn’t give you sufficient time to really take advantage of being an elected member of the City of Whitehorse. When you first came into the coun= cil, the budget had been set by a previous council. By the time you understood t= he ropes and where you were headed, it was almost time for another election.= span>
I beli= eve that four-year terms, especially in the municipality of Whitehorse, are a good i= dea. I understand the concerns of small communities — and my friend across pointed out one of the difficulties in those small communities of getting people involved and having people run for these positions. It’s a real battle in the smaller communities, and I can see a three-year term being something that would be left there, but a four-year term to me is an appropriate thing for the City of Whitehorse.
I was = also really pleased to support the change to the OCP bylaw zoning process, where= it could be combined so it could be done almost simultaneously. I found that, = with the process required for an OCP, which was the public participation process= and the timelines that each step of the process took, if a person was only in f= or one three-year term, they could be in there and never go through a complete= OCP process — let alone an OCP and zoning process.
I also= would love to be able to see some additional revenue-generating areas opened up to municipalities, but, in some cases, I believe that municipalities have that ability. I thank the minister for confirming that in this piece of legislat= ion. They only have to be brave enough and bold enough to go ahead and take those opportunities as they can.
It was interesting to me to hear the Leader of the Official Opposition talk about = how the process demonstrated a lack of concern for informed debate, and I thoug= ht to myself that, when I decided to run for council, I read the whole Municipal Act. I then took it apar= t and made notes. In fact, I was one of the original members of the AYC who broug= ht forward a process to the then Government of Yukon to ask for changes in the= Municipal Act, and the Municipal Act was tweaked by a pre= vious Yukon Party government to take into consideration some of our concerns R= 12; not so much was the act tweaked, but the regulations were.
I thin= k that this is a great evolution. I think that in many cases we could have gone mu= ch further, but I also understand the reluctance, not only of government, but = of the Association of Yukon Communities. I think the process that was followed here is very important — that we dealt with the Association of Yukon Communities and we dealt with them on a very positive basis.
I cong= ratulate both the ministers who went before — now the Minister of Tourism and Culture, who spent a great deal of time and who initiated this final process that resulted in these, and I congratulate her. I didn’t have the opportunity while I was president of AYC to deal with her in this capacity,= but I am sure we would have gotten along absolutely wonderfully at that time. <= /span>
I also congratulate the current minister for making sure that these have gone thro= ugh — and, as he has heard me many, many times during debate in our own c= aucus, it doesn’t go far enough, but it’s a step in the evolution, and= I appreciate that and I think I’ll continue even after I leave this Legislature to petition government on behalf of all Yukon municipalities. T= hose are the municipalities that are closest to the people and respond quickest = to the people’s requirements and needs, and people should be involved in those municipal governments.
Hon. Ms. Taylor:= I would like to add my voice to the second reading of t= he Municipal Act — the bill bef= ore us, Bill No. 89.
I woul= d first just like to congratulate the Association of Yukon Communities and all of i= ts representative municipalities, local advisory councils and to the many Yuko= ners who contributed to the development of this legislation.
It has= already been said, but it was an act that was introduced back in 1998 after Yukon-w= ide discussions and consultations. It’s a very important piece of legislation, and it really governs and oversees the way that our municipali= ties operate in the territory.
We hav= e seen a number of revisions to it — a couple of times in 2003 and in 2008. Th= is review that was launched back in 2012 has led us to where we are today, to = what we are debating in the Legislature.
When I= think about municipalities, I always go back to my roots. My mother served as a councillor for the Town of Watson Lake for a number of years. I learned pre= tty quickly how integral her role was as a councillor in a smaller community in= the Yukon. We often talk and we often reflect upon our own experiences as MLAs = in this Legislature about how accessible MLAs are in our territory compared to other larger provinces in southern Canada.
Munici= palities are really the foundation, the pillars, of our territory. The role of a councillor, the role of a municipal representative, is no small feat. They = deal with everything from concerns with respect to snow removal practices to the conditions of our roads. They are also our first point of contact when trag= edy hits a community. Their role is much more above and beyond what is predicat= ed here within this statute that we are talking to today. I want to say thank = you very much.
It wasn’t that long ago that = I had the honour to be able to attend the municipal gala on behalf of our Ministe= r of Community Services. We have done that now a couple of times. It is a way for Yukon government, as elected officials — but also the officials, our community advisors, to all of the individuals who work in community affairs — to say thank you to those outgoing as well as individuals who may be seeking re-election — to say thank you for their years of service. = span>
It is = always interesting to see what has transpired over the past three years. I just go back to May 4, 2012. I was actually the Minister of Community Services at t= hat time. I was in Dawson City and was joined by many of the members here in the Legislature. We gathered and we were at the Association of Yukon Communities AGM. They have their annual roundtable discussion, and it was at that time = that I was really pleased to be able to speak to the progress that had been made under the guise of OTOF — “Our Towns, Our Future”. I would say that one of the more significant initiatives undertaken in recent years between the Yukon government and our municipal governments is that of the “Our Towns, Our Future” review, which, I might add, has pretty = much been implemented.
One of= the key initiatives coming out of that particular initiative, “Our Towns, Our Future”, was that of the Muni= cipal Act. OTOF is really a venue for jointly identifying priority areas for action and then tasking our officials to help find the way as to how we can implement those action priorities. The Municipal Act — which we were able to launch the review formally. I would l= ike to just pay recognition to Bev Buckway, wh= o was the president at that time, for her work and her leadership on this particu= lar file as well. We were really pleased to announce that we were prepared to m= ove forward with the review — this comprehensive review of Yukon’s = Municipal Act.
The Municipal Act, of course, was one = of the top priorities coming from OTOF, and we were really excited to start with t= he official review.
The review, as we’ve already heard here today —=
; and
I don’t want to be too redundant — was a comprehensive undertak=
ing
and was guided by the Municipal Act=
Review Committee comprised of representation from our government and from
representatives from the Association of Yukon Communities. It really started
— and it unfolded as the time went on — in a number of key phas=
es,
starting with taking stock, including some consultation and discussion with=
all
the municipal councils, First Nations, Yukoners at large — again, for=
the
purposes of identifying issues and priorities related to the legislation. <=
/span>
Consul= tation proceeded. The next phase saw those members of the committee tasked with re= ally distilling the information received during that initial consultation, prioritizing the issues and reporting on the findings. Then, of course, her= e we are today with providing the actual legislative amendments themselves.
The Municipal Act provides a foundatio= n for good local governance and, as such, a broad review such as what was underta= ken was really a great opportunity for dialogue between citizens and our local governments to address a whole host of important matters to communities = 212; important to the communities that we all work very hard to represent.
I want= to congratulate the Department of Community Services, the Minister of Community Services, for their good work. The level of professionalism, the expertise = that they bring and their skillsets in working with each of the municipal govern= ments are second to none. I have the utmost respect and gratitude for having tale= nted individuals and having that skillset to be able to deal with such a depth a= nd breadth of issues that each of our municipal governments find themselves working on and working on with their communities to represent th= eir constituents as well.
The pr= oposed amendments speak to a number of modifications made to increase the clarity = in terms of simplifying, clarifying and making the act more functional.
I know= that a lot has been said already in terms of changes as they refer to the actual elections themselves — the municipal elections, petitions, referendum= s, conflict of interest, utilities, local governance, official community plans= , to name but a few.
I woul= d like to congratulate all of our newly elected and re-elected representatives throug= hout the territory. I have always enjoyed working with our mayors and councillors and working with our LACs over the years and working with the AYC to really address issues of ongoing importance.
When I= think of my time as Community Services minister, we were also able to work on a new component of the Yukon fire services, providing structural fire protection = and adding more capacity to our municipal governments to be able to deliver fire protection in addition to the increased investments through our own Fire Marshal’s Office. We were able to also launch a new comprehensive municipal grant formula — a new program with new funding and one that= was more equitable and more responsive to our municipal needs.
Of cou= rse we were able to also launch a solid waste working group to look at the issues that = are so important, as we have been debating here today on the floor of the Legislature in Question Period and here in Committee of the Whole as well. There is no lack of issues — but also opportunities.
One thing that I have learned over = the years working in this position is that we are very creative in how we are a= ble to come up with solutions and be very creative in addressing those different priority areas. Those are just but a number of areas that I was really prou= d to be able to work on, and I know that the Minister of Justice — and now= the current Minister of Community Services — is also continuing on that greater work in support of our municipal governments and working in partner= ship on infrastructure needs and training opportunities, and the list goes on.= span>
I want= to thank members again for their comments today and commend the bill before the Hous= e, and I thank again all of our officials and all the Yukoners who have really contributed to the successful development of this piece of legislation, one which I wholeheartedly support.
Motion for second reading of Bill No. 89 agreed =
to
Bill No.
92: Act to Amend the Travel for Med=
ical
Treatment Act — Second Reading
Clerk: Second reading, Bill No. 92, standing in the name of the Hon. Mr. Nixon.
Hon. Mr. Nixon:<= /span> I move that Bill No. 92, entitled Act to Amend the Travel for Medical Treatment Act, be now read a second time.
Speaker: It = has been moved by the Minister of Health and Social Services that Bill No. 92, entit= led Act to Amend the Travel for Medical Treatment Act be now read a second time.
Hon. Mr. Nixon: It’s certainly a pleasure to rise at second reading to introduce Bill No. 92, entitled Act= to Amend the Travel for Medical Treatment Act. This bill supports our government’s priority of good governance and practising open, account= able and fiscally responsible government. It also supports quality of life and caring for Yukoners.
The Travel for Medical Treatment Act h= as been law in the Yukon for decades. This piece of legislation allows the Governme= nt of Yukon to provide financial support for two types of medical travel: emergency medical transportation of all persons and pre-approved travel for Yukoners who require medical treatment away from their homes. This program plays a key role in the delivery of health care services.
The De= partment of Health and Social Services administers the program under the act. As many Yukoners will know, the program can pay for travel expenses, such as air medevac or ground ambulance in emergencies, scheduled flights for pre-appro= ved travel and subsidies to assist with meals and accommodations at the place of treatment.
The bi= ll proposed today aims to modernize this decades-old legislation and provide a= new tool to recoup expenses incurred for non-Yukoners. The bill amends the Travel for Medical Treatment Act i= n the following three key areas: first, the bill provides clear authority for the emergency medical transportation of persons; secondly, the bill clarifies w= ho has the authority to approve the payment of medical travel expenses for Yukoners and in what circumstances; and, finally, the bill provides a new t= ool to recover expenses, and this will be done by setting off amounts paid by t= he Government of Yukon for emergency medical travel for non-Yukoners against a= ny income tax refunds that these individuals might be otherwise entitled to.= span>
This b= ill is being amended to strengthen the legal authorities of the act and ensure services that are now being carried out in the regulations are clearly reflected in the act. This includes emergency transportation of non-insured persons. The current act only authorizes the emergency transportation of insured persons. These amendments will mean that Canadians non-resident to Yukon, or persons from other countries, will continue to have essential emergency medical transportation services provided to them. Such services a= re paid by another insurer or by the persons themselves.
The bi= ll will also recognize the authority of those persons making the decisions for emergency transportation, such as the director of Insured Health, who is on call 24 hours a day, seven days a week, or the Community Services director = of Yukon Emergency Medical Services, or a delegate.
Amendm= ents to the act are also an opportunity to provide valuable education to Yukoners on emergency travel coverage and to raise awareness of the need for additional medical insurance. This includes persons taking a quick trip to Vancouver, Skagway or Atlin to being aware that they should consider the purchase of extra insurance to be sure they’re covered f= or air medevac or ambulance fees when they are away.
It als= o means that persons going on an extended vacation or attending university, who are gone three months or more, should fill in a temporary absence form and info= rm Insured Health when they return to Yukon to ensure their enrolment in the Y= ukon health care insurance plan is still valid.
The bi= ll amendments are also bringing the legislation up to date with practices in p= lace that have occurred in the evolution of the program. The bill recognizes the role that medical practitioners, nurse practitioners and registered nurses acting in expanded scope play in the application for travel outside medical services on behalf of an insured person. The bill will authorize these Yukon health care professionals to complete travel application forms on behalf of insured Yukon people and meet Yukon realities.
The bi= ll will further enable the powers of the director of Insured Health. This position = is involved in making travel decisions and reviewing travel authorization complaints. The position will now be recognized with the authority to appro= ve all travel expenses and perform other functions and discharge duties assign= ed to the director in the regulations.
The bi= ll will continue to maintain a review committee, but now on an as-needed basis. The= re are currently a number of checks and balances in the sy= stem that do not require a mandatory medical audit of travel applications. This includes an independent contracted physician medically reviewing applications from other health care professionals and the administration of eligibility criteria and benefits that are prescribed in the regulations.= span>
The bi= ll is being amended to strengthen the recovery options available to Yukon governm= ent. Over a four-year period, nearly $100,000 was written off as bad debt for the emergency travel of Canadian residents. Having recovery provisions will pro= vide Yukon government the ability to collect on amounts owing through the use of tools, including working with the Canadian Revenue Agency to withhold income tax returns amounts in the payment of such debt. This type of tool will bri= ng Yukon in line with other jurisdictions in Canada and ensure Yukoners are not carrying the cost of non-insured debt. It will facilitate efficiencies in t= he system around debt collection. The bill will also ensure Yukon government d= oes not pay for travel expenses that are already covered by another insurer.
This b= ill now more clearly lays out the benefits that are currently in the regulations, s= uch as travel expenses for insured persons or escorts. The bill also recognizes discretionary travel benefits, such as compassionate travel and travel bene= fits for others. These benefits are now firmly anchored in the legislation. These discretionary benefits include the types of travel associated with organ donation, such as the case of a kidney donation from a living person to another, or having a parent travel due to a critically ill child receiving medical treatment outside of the territory.
Finall= y, the amendments to the bill include new definitions to enhance clarity and regulatory powers to further align the regulations with the legislation. Overall, the amendments being made to this act will provide for better legal authority, clarity, system efficiencies and alignment with evolved program practices.
I would certainly like to take the opportunity to thank all of those who were invol= ved with the creation of the amendments to this act. I know a lot of hard work = has been completed and I do thank those individuals involved.
On beh= alf of Yukon government, I commend this bill to the House and look forward to hear= ing from members opposite.
Ms. Stick: I will keep my comments brief. It is good to see that we are bringing forward legislation that recognizes the broadening of our health care professionals= and their ability to authorize or complete applications for medical travel and expenses. I support that.
There = are questions I will have to ask in the House, but I do want to thank the member opposite for his officials and the briefing they were able to give us. I th= ink that is all I have, but I will save my questions for the Committee of the W= hole and when the officials are here and can answer.
Mr. Silver: I will be brief as well. I am happy to rise today to speak on Bill No. 92, Act to Amend the Travel for Medical Treatment Act. Most of the changes are fairly straightforward and will provide clarity in the act for the administration of the medical travel program. The medical travel program is an important and crucial component to Yukon’s medical care system. There are many benefits to being a Yukon= er, but there are still services that we need from the south, obviously. The me= dical travel program is expensive, and I am supportive of the changes that will g= ive the department more power to recoup expenses from private insurers and insurance firms when visitors need our services.
While = I think that from an administrative perspective, these changes will help administer= the program, one question that I do have for the minister is how this will streamline things for the patients, as they are the most important part of = our health care system. I know there are changes to the definition of “es= cort”, but how will this expand the availability of compassionate leave for many Yukoners who cannot travel with their loved ones? This and other questions = are to come in Committee of the Whole debate. I look forward to discussing this bill further.
Motion for second reading of Bill No. 92 agreed = to
Mr. Elias: Mr. Speaker, I move that the Speaker do now leave the Chair and that the House resolve i= nto Committee of the Whole.
Speaker: It = has been moved by the Government House Leader that the Speaker do now leave the Chair and that the House resolve into Committee of the Whole.
Motion agreed to
Speaker leaves the Chair
Committee
of the Whole
Chair (Ms. McLeod): Committee of the Whole will now come to order. The matter befo= re the Committee is Vote 3, Department of Education, in Bill No. 20, entitled= Second Appropriation Act, 2015-16.=
Do mem= bers wish to take a brief recess?
All Hon. Members: Agreed.
Chair: Commi= ttee of the Whole will recess for 15 minutes.
Recess
Chair: Commi= ttee of the Whole will now come to order.
Bill No.
20: Second Appropriation Act, 2015-=
16 —
continued
Chair: The m= atter before the Committee is Vote 3, Department of Education, in Bill No. 20, entitled Second Appropriation Act, 2015-16.
Department of Education
Hon. Mr. Graham: Madam Chair, I am pleased to rise in the House today to speak = about the Department of Education’s first supplementary budget for 2015-16.=
The department’s focus continues to be on supporting success for each lea= rner so that every Yukoner has the knowledge and skills to live a meaningful, productive and rewarding life. This supplementary budget request will suppo= rt this government’s continuing commitment to deliver accessible and qua= lity programs to Yukon learners.
A tota= l of $1.287 million is requested for operation and maintenance of the Public Sch= ools branch. The new collective agreement with the Yukon Teachers’ Association, which we were pleased to conclude in the spring, will require a total of $1.422 million for items such as wage increases, positive behaviour intervention support, parental leave benefits, principal and vice-principal allowances and professional development.
Also, = to meet the increased demand for staff accommodation, $15,000 has been requested — this is 100-percent recoverable from third parties. A decrease in demand for student boarding and accommodations in the 2015-16 school year resulted in a lapse of $100,000. The local coordinator agreement for French= for the Future is requesting an additional $11,000 for that position. The local coordinator agreement is for $11,000; the main estimates for 2015-16 includ= ed $9,000 of that $11,000, so these estimates will request an extra $2,000 to = make up the $11,000 for the French for the Future coordinator.
To sup= port the e-services initiatives begun by the Department of Education, it is requested that one FTE be transferred from the Department of Education to the Departm= ent of Highways and Public Works.
One of= the first actions under the YFN Joint Educati= on Action Plan 2014 to 2024 with the Council of Yukon First Nations was to establish the First Nations Education Commission.
As I h= ave said in the House previously, 13 out of 14 First Nations are represented by the commission. Advanced Education has supported the creation of the First Nati= ons Education Commission by transferring $30,000 to this initiative.
Advanc= ed Education’s O&M — first of all, the Department of Education Advanced Education branch offers programs to support Yukon’s adult learners and workers who want to learn a trade, train for a new career, or pursue post-secondary studies. A total of $144,000 for operation and maintenance is requested to support the Advanced Education branch. <= /p>
At the= present time, the Department of Education is conducting a review of the Students Financial Assistance Act = and it sought input from current, former and future students, parents, First Natio= ns, educational institutions and anyone else who is really interested. A revote= of $24,000 has been requested for this review and, as I said previously in the House, we hope to have a What We He= ard document available very quickly. I’ll be only too happy to table that= in the House as soon as it is ready.
The Yu= kon government is also working with the Yukon literacy strategy working group to develop a strategy to address literacy for all Yukoners as lifelong learners from early learning and kindergarten to adult education; $48,000 has been requested from the community trust fund for the Yukon literacy strategy.
Advanc= ed Education continues to provide a range of programs for Yukon workers, which= are targeted to meet the demands of job markets in this region. Partnering with= the federal government through various agreements means that Advanced Education= can offer an extended range of education, training and skill development opportunities for Yukoners. For example, the labour market development agreement supports programs that help EI-eligible, unemployed workers in the Yukon to find and maintain employment. There has been $37,000 requested for= the labour market development agreement, and that total amount is 100-percent recoverable from the Government of Canada.
Anothe= r suite of programs are under the Canada-Yukon job fund, which supports training for Y= ukon workers with greater involvement of Yukon employers in making training decisions. It includes the Canada-Yukon job grant, employer-sponsored train= ing, employment services and support programs. For this fund, a one-time increas= e of $51,000 to carry funding over to the new year an= d a one-time cash-flow adjustment of $14,000 are requested, both of which are 100-percent recoverable from Canada.
We wil= l get into Public Schools capital now. The Department of Education closely works with = the Department of Highways and Public Works to coordinate facility construction= and maintenance projects. A few of these projects are underway, one being the F= .H. Collins Secondary School.
The sc= hool replacement, the operational equipment and the technical education wing redesign and renovation are all part of that project. The net overall reque= st for the F.H. Collins Secondary School project is $4.635 million. The substantial completion date was this year on August 31 and work is underway with operational equipment and furniture. I have promised the members oppos= ite a tour on Tuesday or Wednesday of next week. As soon as that is arranged — the exact time — I’ll let members opposite know. Curren= tly, furniture and equipment are being placed in the building. We have had a num= ber of moving trucks over at the building, which is one of the reasons we didn’t want to do too many tours at the present time.
A real= location of $75,000 is requested to begin the planning process for the new francopho= ne secondary school. Site improvement upgrades around the territory are being undertaken and $215,000 is requested for both playground equipment and to complete fuel tank replacements in a number of areas. As well, $162,000 is requested as a revote for a number of schools to complete their school-initiated renovation projects and $25,000 is requested again as a re= vote for the pilot project between the Yukon Energy Corporation, Yukon Electrical and the Yukon government for the installation of energy dashboards at Selki= rk Elementary, Hidden Valley Elementary School, Holy Family Elementary School = and Robert Service School in Dawson. Also, $312,000 is again requested as a rev= ote for schools to allocate to their equipment purchases during the school year= .
As par= t of the new collective agreement with the Yukon Teachers’ Association, we are requesting $123,000 for school-based information technology to support Yukon’s teaching staff in leasing tablets and laptops through a cost-shared arrangement with the Department of Education. As well, $108,000= is requested, again as a revote, to replace the Wood Street Centre School van,= as the delivery date for this van was delayed to May 2015.
These investments in education will help the department to continue to offer and develop its many programs that support Yukon students and learners of all a= ges in gaining the skills they need for lifelong success at work and in their communities.
Mr. Tredger: I welcome the official from the Department of Education back to the Legislatu= re. Thank you for coming and helping us as we work through the supplementary bu= dget, and I thank Minister Graham for his remarks and explanations of the supplementary requests.
I woul= d like to reiterate and emphasize the importance of all the partners in education = 212; the First Nation governments, the First Nations, parents, teachers and the Department of Education.
I woul= d like to note the increasing role of Yukon College in public schools through the YNTEP program, the dual-credit programming and the research that they’ve be= en doing that has helped our educators, and the Science Adventures and programs like that which Yukon College offers and which have become an integral part= of our school programming and help our teachers in the classrooms broaden their horizons.
I woul= d also like to mention the increasing role that businesses, industry and small bus= inesses are playing in our schools. Whether I’m in Mayo and attending a graduation ceremony where Victoria Gold or Alexco — or in Pelly, with Minto mine — is offering our graduates scholarships and rewards, or where Victoria Gold is developing with Na Cho = Nyäk Dun cultural awareness programming that is offered to their employees as well as in our schools — the stay-in-sc= hool initiative is well-supported.
I woul= d like to recognize the Association of Professional Engineers for the work they’= ;ve done with Science Adventures to bring us programming like bridge-building. =
Stores= in our communities support our schools and their fundraisers, like Selkirk Groceri= es or Tatchun Centre or the Mayo Bigway — and there are many more in Whitehorse. I= notice I run into them increasingly in my communities and the schools that I visit there. I would like to acknowledge them as an ever-increasing partner in education, and I would like to recognize that and extend congratulations to= our principals, to our schools and to the Department of Education for including them in our planning and our moving forward as a partner in education.
As I s= aid, the Education Act envisions all partne= rs working together in partnership, in cooperation and respect. It’s important that we work together to support our teachers because a teacher-student relationship is of paramount importance. That is where education occurs and where we must direct our support, our resources and our energy.
As we = look through the budget, I will be asking how much this will make a difference f= or our students, how it will improve their ability to learn successfully, and = how it will help our parents and our teachers to work with our students. Resear= ch has shown us that the closer to that teacher-student interaction to the classroom decisions are made, the more effective and relevant those decisio= ns are. We must ensure that decision-making relies on and is informed by and in response to teacher, school and community input.
The re= lationship with CYFN and the new committee that is working on programming is an exampl= e of that, and I thank the minister for pursuing that and following up on the memorandum. Too often we sign a memorandum of agreement and it sits on the shelf, and we’re past that.
We nee= d those memorandums to be enacted. My questions will revolve around that. = p>
I note= that the O&M request in our supplementary budget has increased by $1.287 million= . My question for the minister — he outlined a couple of the reasons for t= hat. Has there been any reorganization or new programming to account for that increase? What impacts on the schools and the classrooms will that increase have?
Hon. Mr. Graham:= To answer the member opposite, the simple answer is the= whole amount of the supplementary request could be explained by the increase brou= ght about by the collective agreement signing with the Yukon Teachers’ Association. Then it is offset by a number of other things.
I will= make a comment with respect to a couple of other things that the member opposite s= aid too. First of all, I have to introduce you to my official who is here. Cyndy Dekuysscher is the = director of Finance and Administration at the Department of Education. She has been there for a number of years, and I have found her to be absolutely wonderfu= l at the job. She and I disagree on a number of things, but basically I have won most of the arguments.
I thin= k one of the comments that the member opposite made that struck home with me, and it= is one of the real reasons that our new deputy minister, Judith Arnold —= I guess she is not quite so new now — was selected for the job is her attitude that agrees with mine — that the more people in the departme= nt who understand the school system, how schools operate and how teachers oper= ate in the classroom, the better off we are. Too often in the past — and = not in the recent past so much as in the distant past — you stocked the Department of Education with people who didn’t have a huge amount of experience in the classroom or in the school as an administrator, and so decisions were made at the department level that really had no application = to the school itself.
One of= the things that we are really attempting to do as we fill positions throughout = the department — and I know we have a few that are vacant — is to s= tock them with people who really understand the school system, understand what happens in a classroom and understand what is necessary to assist teachers = in the classroom. One of the easy ways that we can demonstrate this is the fact that Judith, with my full and unqualified approval, has indicated that all consultants who work in special areas — assessing students, working w= ith students — whether they are educational assistants or special educati= on people — should spend the vast majority of their time in the schools.= We realize it means a lot of travel for these people and it is a hardship on t= heir family, but we also believe that the problems aren’t in the Departmen= t of Education — the problems with special education and issues such as th= at. They are actually in the schools, and those people have to be in the schools helping to resolve some of those issues, helping to create educational plans and all those other things that are essential for children to be successful= in school. I was glad to hear the member’s comments in that area.=
The $1= .422 million for the Yukon Teachers’ Association collective agreement was split among a number of different areas: $785,000 went straight to salary increases; $279,000 went to maternity benefits; $225,000 is for the positive behaviour intervention support process. That’s something that has been negotiated between the department and the YTA, and it’s to work with children in the classroom to enhance the behaviour of students in the classrooms themselves, so the intervention support program had a price tag = of $225,000. The respectful workplace office training amounted to $50,000 in t= he collective agreement; $43,000 was for a management compensation allowance; $16,000 went to the health and safety committee allowance; $15,000 went for professional development; $7,000 was for principal and vice-principal allowances — and I know the member opposite will probably agree with a member of my family that those principal and vice-principal allowances that hadn’t changed in 15 years should have been up long before this, but we’re making progress — and $2,000 went for the Carcross commun= ity allowance.
Those = are the numbers that make up the $1.422 million for the Yukon Teachers’ Association collective agreement. The rest are just basically in-and-outs. = They are revotes and they’re small amounts her= e and there, but we can go through them as you wish. Until you indicate a specific amount that you’re interested in, I can’t really give you how e= ach one will impact the classroom, but I hope that’s mostly what the memb= er opposite needed.
Mr. Tredger: I thank the minister for that and for some of his comments. I would say that = the school-department relationship is very important, and it’s important = that the department know what’s going on in the schools and the schools kn= ow what’s going on in the departments.
In the= past, the superintendents have attempted to fill that role — sometimes more successfully than others, depending on how many demands are being put on th= eir time by the department and how much time they have in the schools. I would encourage the minister to look at ways to ensure that the superintendents do get time in the schools so they can become an advocate for those schools wi= thin the department, and also for the department within those schools and act as= an intermediary, as a window both ways, and have the authority within the department to say to principals, “Yes, I understand and I will go for= th and see what it is that you need” or to be able to say, “This is why we can’t provide it.”
ItR= 17;s a long-standing dilemma and, as the minister knows, if you come in on Monday morning and your desk is like this — or piled up high — it̵= 7;s hard to get away from the desk and get out to reach out to the people. Principals have the same problem in their schools when t= hey have a lot of work on their desk, but they know they want to be in the classrooms or with the kids. It’s the same for superintendents —= ; so anything that the minister and the department can do to get superintendents into the school — it has been a long-standing request from the Yukon Association of School Administrators.
On tha= t note and to follow up with what the minister said about bringing school personnel or school-experienced personnel into the department, I would like to congratul= ate the department for bringing in the previous head of the Yukon Association of School Administrators into the special programs position. I am sure that she will, having just recently been in a school and knowing the challenges R= 12; it augurs well with his quest. Sometimes, as the minister alluded to, the members of the Department of Education can get isolated from what is happen= ing in the schools and that is renewed, so thank you for that — which bri= ngs me to my next question around special programs.
We hav= e heard various reports. Statistics are showing us that the number of special needs kids, the number of people with diagnosed problems, is skyrocketing. I know= the Minister of Health and Social Services mentioned that the number of identif= ied autism cases has increased tremendously. This is putting a tremendous strai= n on our classrooms and on our teachers.
What I= hear from many schools is that, when they have a problem, they are met with a request= for more paperwork. I know I brought it up last year, and I am wondering if the minister has made any progress on our ability to work with the schools and speed up the response when there is a situation where our students need sup= port and help — so that they can get it at the beginning rather than one, = two, three or five months later when patterns have been established and barriers have been erected and, quite frankly, the school is worn down in their effo= rts to meet the needs of not only the students with special needs, but all of t= he students, because it has a multiplying effect, a ripple effect upon the classrooms.
I woul= d ask the minister: What efforts have been made to move away from a statistical analy= sis and a paperwork analysis to something that is more responsive and more immediate for our schools?
Hon. Mr. Graham: I will refer to the discussion we had last year about student learning plans as opposed to individual education plans and how the two pla= ns differed. I think that this was something that was implemented only in the = last year or two, because, up until that time, we did not have a system-wide pro= cess for identifying students with learning disabilities and how to implement the IEP process.
Under = the act, certain procedures have to be followed before it’s determined that a student has a special education need and they should have an IEP developed — or even that an IEP is appropriate for the student. For example, the student must be referred to the department to determine whether any psychological assessments or other specialized tests should be performed. T= hat, as the member opposite probably is well aware, is one of the big holdups in= the whole process. We’re trying to speed up the process, but there’= s no doubt that there is a process set out in the act that we have to follow. = span>
What I= can tell members is that the overall allocation for paraprofessional staff in the schools for 2015-16 has increased dramatically from 2014-15. In fact, in 2014-15 we had slightly more than 183 FTEs in paraprofessional positions ar= ound the territory. This year we have 218, so this was a 35-FTE increase within = the two years. Many of those were allocated to the primary grades. As I indicat= ed to the members opposite, one of my priorities was to ensure that the primary grades were the ones that received paraprofessional support. By that I mean educational assistants, primarily, although remedial tutors are in there as well — but that the primary grades receive some of that support.
The ea= rly intervention pilot project also was allocated seven EAs.
WeR= 17;re attempting to strengthen the supports for students with special needs, but = as for the process of identifying those students and coming up with an IEP or a student learning plan, the process hasn’t gotten any quicker, but wha= t we hope to do is have the resources available, primarily for psychological testing. That seems to be the biggest single holdup. We hope to have those resources available in the department in the next budget year.
Mr. Tredger: One of the critical times is when students transition into kindergarten into ou= r K to 4 programs. Has there been any headway made in how we manage to set up o= ur classrooms in a way that can accommodate students who have perhaps come in undiagnosed and are, in some cases, not ready for kindergarten or not ready= for learning? In the past, sometimes it has taken until October, November or December to get help to those students. We’ve looked at perhaps having every kindergarten class and every grade 1 class having an EA in it just to handle those kinds of situations.
If we = wait until October, a lot of times, as I said earlier, patterns have been set and sometimes those patterns can be pretty devastating for the classroom, the teacher, other students in the classroom and the student involved.= p>
If the= re’s any update there, I would appreciate that.
Hon. Mr. Graham: I know from my time in Health and Social Services that the Chi= ld Development Centre and the evaluations that they are doing of pre-kindergar= ten students is absolutely invaluable to the Department of Education, because m= any children with learning disabilities are diagnosed by CDC and they come into= the system with supports already in place.
I know= the member opposite is talking about the other ones — the ones who don’t have those diagnoses in place and haven’t received the assistance that probably they needed prior to coming. That’s part of = the early intervention program. We’ve set it up on a three-year basis. Th= is is the first year — this year. After three years, we’ll be doin= g an evaluation to see if the program is actually working. This is the pilot pro= gram where we’re putting those EAs specifically in those kindergarten year= s in an attempt to identify children with learning disabilities and be able to assist them.
I know= that the member opposite has had this discussion with the former president of the AS= A, as have I. If a student loses ground or fails to meet the educational learn= ing objectives in their first three years, the chance that they’ll catch = up in the next nine is almost nil. That’s why= we put those resources into the kindergarten to grade 3 sy= stem with this early intervention project.
If thi= s project works as I hope it does, then this is something that should be done with ev= ery single classroom in the territory in the future.
Mr. Tredger: I thank the minister for that and encourage him to work with YTA and the teac= hers involved to ensure that transition from home to school is as smooth as possible, and note that CDC is responsible for students up to K to 4 but, o= nce they hit K to 5, they become part of the public system — and help to ensure that transition as well. Sometimes the funding or the assistance that CDC is able to provide is not always maintained as the student moves into kindergarten and grade 1.
I̵= 7;ve become aware of an increasing — and this is not necessarily only in education, but certainly it has affected us in education — stress lea= ve and stress-related illnesses. The well-being of our teachers and our teachi= ng force, and the toll that is taking on teachers and staff — does the department have statistics to show whether or not stress-related leave is increasing or decreasing within our workforce? Do we have a management prog= ram in place to help teachers in what can be a very stressful and challenging environment at times?
I spea= k as an educator myself. There are days when life in the Legislature looks pretty g= ood when you are used to facing 15 or 20 kids. It can be very challenging and it can take a real toll on the teachers’ well-being. Is the department a= ware of any statistics, and do we have any workplace management in place? I know= we have the — pardon my memory here — workplace well-being. I cann= ot remember the exact name for it — but a workplace plan. How is that working, what are the results from that and how well has it been received?<= /span>
Hon. Mr. Graham: I am sorry, but I don’t have any statistics in that area= . On the previous subject, what I will do is make sure that the member opposite = gets a copy of the plan for the early intervention program. I will make sure you= get an outline of the plan that we have implemented in the pilot project. Just = so you are aware, at the time of evaluation, we will keep everyone up to date.= As far as the number of teachers who are currently on stress leave, we donR= 17;t have any of those statistics. We believe that they will be primarily through the Public Service Commission. We don’t have any statistics with the employee assistance program either. We just do not.
On a s= eparate topic, this one segues quite nicely into the temporary teachers. It is one = of the reasons that so many temporary teachers are going past the one year or = two years — it is because of people being away either for stress leave or= the various other leaves that are available to instructors. It is a concern to = us, there is no doubt. If we have any statistics or programs that we are not aw= are of, we will make sure that we will provide them.
Mr. Tredger: I thank the minister for that. I guess what might be helpful is if we could s= ee if there are any trends — whether it is increasing and if it is, then= we can start to make plans and put programming in place to ensure that our teachers are receiving the assistance and support that they need in a timely manner. It would be nice to identify what the triggers might be so that we = can respond before they end up having to take stress leave and go from there.= span>
I did = want to talk a little bit further to that about a report that was done in 2007 by t= he YTA called How Safe are Our Educato= rs? At that time it was pretty eye-opening and it was also a very shocking repo= rt — the amount of violence that happens in our schools. I know that the= YTA is having a publicity program about violence in schools and how to account = for that.
I know= it also has been addressed through collective bargaining and the collective bargain= ing agreement. It was in the last collective bargaining agreement as well, and = it seemed to drop by the wayside until right toward the end, when some of the commitments had started to be acted on. I believe that was about the time y= ou assumed your position.
Under-= reporting is, and has, and continues to be a problem. What efforts is the minister ma= king to engage the YTA with follow-up on documentation so that we can get a trend line, and also whether or not we will have a report on the incidence of violence in our schools? How much reporting has been done about violent incidents? How are we managing the under-reporting and the reluctance to br= ing that forward and to ensure that our teachers and the students in the classr= oom who are affected, who observe and who are part of the violence receive the support and follow-up they need, so that the trauma has as little effect as possible and that we are able to deal with some of that?
Hon. Mr. Graham: The positive behaviour intervention support program that was negotiated as part of the collective agreement with the Yukon Teachers̵= 7; Association is something I believe in quite strongly. I believe we report a= ll incidents of violence in the classroom or we share that information with the YTA, but we are going to make sure of that. As far as statistics that go ba= ck, I don’t know if the department has those statistics. If we do, and if= we are able to share them, I will be only too happy to do that. I just donR= 17;t know at this time. I will take this opportunity, Madam Chair, to assure the members opposite that if I have those statistics, I will make them availabl= e.
Mr. Tredger: I realize it is an ongoing challenge as we move to accepting that. As I mentioned, the under-reporting is a real challenge because, for whatever reason, teachers are sometimes reluctant and students are sometimes relucta= nt to report it, so it may reflect on their ability to manage a class or to ha= ndle unforeseen circumstances. Any efforts that the minister can make would be appreciated.
I woul= d like to move on to busing. We had a change in our busing contract over the summer. = My question for the minister is: What prompted the change in the busing contra= ct? How has the new busing contract affected the budget and are there any safet= y or logistical concerns arising from the changeover?
Hon. Mr. Graham: We did have some difficulties with the previous contractor. Th= ere were some safety concerns and things that perhaps weren’t done as qui= ckly as they should have been done, such as getting criminal records checks for = bus drivers. There were a number of other issues as well and we spent two years working with that busing company to try to work out those difficulties. We simply were unable to work out all of the difficulties and the company did agree with us that some of the problems were insurmountable.
So we = agreed this summer that we would go with another company to provide a service. We = were able to negotiate with that company, fortunately, to take over the contract= in early August. On July 6 of this year, we did provide 30 days’ notice = of intent to terminate the bus contract with Watson Lake Bus Lines, operating = as Takhini Transport. It then became apparent, as I said,<= /span> that we needed someone else. In August, the department reached a tentative agreement with Standard Bus Contracting to provide bus services for Yukon students, and the contract was finalized and signed on August 27.
The ad= ditional funding required for the bus contract was around $250,000 a year over the n= ext three years, because we did extend the three-year original term, so it is slightly more expensive. The very good news to report is that the number of complaints and incidents this September is down to almost nothing, and we’ve had a very positive response from school councils and from pare= nts about the new bus line, so we’re looking forward to those improvements carrying through for the rest of the contract.
The ro= ugh number is $250,000 a year, but if we can refine that, we’ll get it for you.<= /span>
Mr. Tredger: School principals are responsible for the safety of students from pickup to drop-o= ff. We’ve been hearing stories of unsafe conditions and mechanical proble= ms, as well as some of the things that the minister mentioned, for nearly two years. How did these conditions persist for nearly two years before the department acted? Why wouldn’t the concerns have been heard or acted = on sooner? Has an analysis been done of that situation? How will it be monitor= ed in the future? How are we going to be able to ensure that the safety standa= rds of the new bus company and those expected by parents and school personnel, according to what the minister is telling me, have improved immensely? Has = an analysis been done as to what happened, why it happened, how we’re go= ing to monitor it and ensure that it doesn’t happen in the future?=
Hon. Mr. Graham: It’s a complicated answer that I’m going to give, I guess, because I can’t say that, you know — well, we couldnR= 17;t legally terminate the contract any sooner than we did without substantial r= isk of a lawsuit.
The ap= proach that the department took and that I took when I became minister was that we work with the contractor as hard as we can to ensure that all of the safety requirements and all of the other things that are built into that contract = have been done. I think it’s really important that, anytime we’re working with a contractor — especially when we’re talking about this kind of money, over $10 million over three years — we want to ma= ke that we’re getting value for money, first of all, and that we’re not inappropriately terminating a Yukon contractor, forcing them to then su= e us and both of us spend a lot of money on lawyers that would be better spent improving the system.
I gues= s it may have seemed like a long time that we were waiting but, throughout that whole time, the department was working with the contractor, trying to improve the services, trying to meet the terms of the agreement, and it was only when t= hat became extremely difficult to do that we entered into any kind of negotiati= ons with respect to terminating contracts.
We eve= n went so far as to enter into a contract with another local business here in Whiteho= rse to perform safety audits on the buses that were being employed. We were doi= ng other things as we were working with the contractor. In one community in particular, we had a bus driver who didn’t have a criminal records ch= eck and we had an educational assistant ride on that bus every day to ensure the safety of the students, so there were other things that were happening at t= he same time. We just didn’t think that it was appropriate to terminate = the contract before we worked diligently to make sure that we were simply not a= ble to work with the contractor any further.
Mr. Tredger: I thank the minister and the department for working hard in this area. I understand it is a complicated situation. I did hear stories of mechanical concerns as well as other safety concerns, and although it’s difficul= t in many ways, the safety of our children is of paramount importance. I thank t= he minister for acting when he did. I hope that something is put in place and = it becomes a little more black and white so it isn’t a two-year process — so that if there are unsafe conditions, conditions that would lead = to the termination of a contract, it doesn’t take us two years to do tha= t.
One of= the things that came out of a community policing request was for dash cameras t= o be placed on school buses. I know the minister has received a letter to that effect. I’m wondering if there has been anything done with that or wh= ether the minister is contemplating putting dash cameras on the school buses for = the safety of the driver, the students and all involved.
Hon. Mr. Graham: Probably the member opposite heard it from the same individual= as I did, and that individual proceeded then to send me an e-mail. What we’= ;re doing is — the department will be working with the Information and Privacy Commissioner among others to make sure that it’s legal and appropriate for us to implement cameras in our buses. With the new ATIPP regulations and the processes that we have to follow, we have to make sure = that we are not in contravention of any of those things, so we will be working w= ith them.
One of= the other suggestions that probably the same individual made is that the dash cameras= can be used at the same time to catch licence plates of people who pass school buses while they are stopped and either picking up or dropping off kids. Th= ere were two different functions that they felt that the dash cameras should be able to fulfill. We are looking at it. It is not something that we are goin= g to do right away, but we realize that, in some instances, they could be very helpful. We will have an answer for you before September of next year becau= se that is when they probably would be implemented.
Mr. Tredger: Perhaps you will have an answer by the time next year’s budget comes out, bec= ause there will be a cost to them.
I want= to move on to something that the Premier and the minister have been talking about a= nd, I believe, held a conference on and have been talking to various individuals about. This is a new vision for education.
My que= stion for the minister is: How does this new vision differ from the Education Act review, from education reform, from Together Today for Our Children Tomorr= ow? I see there is a common thread through all of the reports and things that h= ave been done. In the Education Act review, which was completed in 2005, I believe, there were 153 recommendations. Education reform had a number of areas, each one of them having recommendations. Can the minister tell me how many of the Education Act review’s 153 recommendations have been acted on? How many have been fulfilled before we begin another visioning exercise= ?
Hon. Mr. Graham: It was an interesting meeting that we had — our first me= eting — a couple of weeks ago. I had the pleasure of speaking to a whole ho= st of people who were there — representatives from all across the territ= ory from communities, school councils, parents, teachers, school principals and= First Nations. There was a wide variety of people there, and we outlined what we = saw as part of our new vision for education. What I said at that time, and what= the Premier said at that time, was that this wasn’t time for a new report. This was time for these things to be implemented. What we hope to do is work very hard at implementing the recommendations or the work that we will achi= eve through these consultations with stakeholders. One of the comments received from a number of the small working groups that were together all around the room that day was that this is not the time to go back and consolidate all = of the information that was done previously. We know what was done previously — and this is not me saying this. These were people who were involved= in the sessions themselves, and what we want to do is keep our eye on our goal= and work toward that goal as quickly as we can.
If we = have information, such as the member opposite has asked for, I’ll make sure that I get it. I’m not aware of it at this time, and perhaps thatR= 17;s something I should be aware of. If we have any information or any statistics such as that, I’ll get them and make sure I provide them to the membe= r.
Mr. Tredger: It’s fine to be working on a new vision and say that we’re going to implem= ent it, but I haven’t seen anything concrete. I have seen no criteria, no itemization of what we are working on, and that’s why I refer back to what previous reports and previous incarnations of new visions of the time = have come up with.
I look= back to the amount of time and energy that we as a territory put into the original = Education Act, into the Education Act review, into educati= on reform — there are some common themes that are in all of them. I agree with the minister that, sitting in a meeting of people excited and talking about education is very informative and it is exciting, but what we draw fr= om that and where we go — it’s fine to say we’re going to implement it, but I haven’t seen anything. A four= -hour meeting or an afternoon meeting, informative as it is — what do we dr= aw from that?
By way= of stepping back, I looked at the education reform. Key recommendations —= ; in the introduction, they talked about four things. Those four things seemed to resonate not only in Together Today= for Our Children Tomorrow, but in the Education Act, in the Education Act r= eview, in the education reform and any other studies that have been done, coming o= ut of conversations with local First Nations as well as with CYFN.
I̵= 7;ll just read to you what they suggested, and I wonder if the minister could respond= and say whether or not those have been met or whether or not they will be part = of the new implementation. What vision are we implementing? That’ll be my next question, but right now the education reform project team identified f= our areas that would be essential to meet these goals. They’re talking ab= out the goals of the education reform project: (1) a workable and inclusive mod= el of public school governance; (2) the decentralization of decision-making and the empowerment of school councils and communities; (3) a strategy to addre= ss aboriginal language revitalization and retention; and (4) initiatives to address the social and community aspects of Yukoners’ educational nee= ds.
That f= ormed a background for their many recommendations. We moved into — the Yukon Party moved us into New Horizons. New Horizons had a number of objectives. = I am wondering whether those objectives have been met. Finally, what I would lik= e to hear from the minister is — I agree we have to move to implementation= of this new vision. What is the new vision and what are we going to be implementing?
Hon. Mr. Graham: Again, a What We Heard= document will be ready in the very near future. It will encompass all of the things = that we heard at the opening of the new vision workshop.
It is interesting when the member opposite came up with those four principles, because some of those things are being done right now; the first of which is education councils or governance. We included all of the education councils= , or at least their representatives, in the new vision meeting. We included all First Nations, so it was as inclusive as we could possible get to make decisions going forward with the Education department.
I thin= k we have some objectives here. One of the objectives is to close the gap between aboriginal and non-aboriginal, rural and urban students — those are t= wo of the objectives, I guess — but it is also to make sure that student= s in the system today, when they graduate, they graduate with something they can= be proud of and that means something. Yesterday I spoke to the Opportunities N= orth conference and, as I said today, at this time there is only one pathway to success in our school system and that is to graduate from high school. There are several different ways you can graduate, but the only way you can show success is graduation. For 20 years at the college, I have had students com= e to the college and to admissions — as the gatekeeper of the college R= 12; they would say: “I graduated and I now want to start in the Yukon Nat= ive Teacher Education Program.” When you looked at their graduation and s= aw what they had taken, you had to tell them — and sometimes it would absolutely break your heart to tell these students that were so enthusiastic and so looking forward to starting a university program — “I am sorry, you are going to have to start back at a grade 9 or 10 level, because the courses you took were not adequate to get you into a program here.̶= 1; With all of those students, we did admissions testing before we let them in= to any program.
Over t= he years, the college has managed to change some of those things, so a person may only have grade 10 or 11 English and we allow them to upgrade their English skil= ls at the same time they are taking courses in the program they want to be in,= so we have managed to work out ways that students can be involved.
My vis= ion of education is that students will have a variety of different pathways, so if they want to get into a trades program, they will understand at a very young age what is required. Today, what students still don’t realize is tha= t to get into any trade program, the absolute basic education you need is grade = 10 academic math; not Math 10X and not Math 10A, or not a modified math, but academic math. To ge= t into some of the tougher trades — the electrical or the industrial electri= cal; those kinds of programs — you need grade 12 math.
Those = are the kinds of things we want to make sure students are aware of so we’re g= oing to improve counselling in schools. Those are the things that we’re tr= ying to do now as we speak. We want to improve the coordination between the coll= ege and high schools to ensure that students are more aware, high school teache= rs are more aware and high school counsellors are more aware as well. We want = to be able to take the load off of high school counsellors from both dealing w= ith social and personal problems and educational problems to try to give them o= ne set of issues to deal with and have another group over here that will deal = with others.
Those = are things that we’re talking about with the advisory groups because we don̵= 7;t want to rush off and say, “Oh, this is what we’re doing,” because then we’ll be doing exactly what we’ve been accused of = all this time, which is implementing things without talking with our partners. =
This i= s the vision we have. Where do you think we can tweak it? What do you think is ri= ght? What do you think is wrong? It’s one of the reasons why I talked with= the rural students in Dawson City and the urban students here in Whitehorse and asked about what is working in the system right now. What works for them wh= en they ask for counselling for emotional, social or personal problems or for academic advice? What works? What doesn’t work? They were very clear = to me what worked and what didn’t work. In fact, as I said, if we really want to hear what works and what doesn’t work for students, we want to get a bunch of 16, 17-year-olds in the classroom without any teachers around and without any authority figures there and ask them questions. They were m= ore than happy to tell me. That also will be part of the new vision report when= we put it on the website. In fact, some of those are available right now, aren’t they?
Member= s can go to the website and see the videos that were made by the students at both the urban and rural meetings and see what some of those students had to say. I = know parents will be surprised and I know some educators will be surprised.
The on= e thing that agrees with everything we both said here today — and I know that= the Member for Klondike will agree with this — is that the single biggest= difference in a student’s life, whether it’s high school or grade school or whatever, is the teacher. If they have a teacher who is engaged, who is interesting, who has a sense of humour, they will learn. They will come to school and they will stay in school. They say too many teachers — and this is the students’ words, not mine — “too many teachers are simply there to earn a pension and they don’t care about us.̶= 1; So that to me was a very, very important point.
WeR= 17;re also implementing — one of the other things that we’re discussing wi= th the planning committee is the implementation of career planning right from = the earliest grades through to grade 12. We think it’s absolutely essenti= al.
Again,= my vision of education on an ongoing basis in this territory will allow students to select a vocational path, if that is what they want — a trades and tech path, if that is what they want — or an academ= ic path. We also want to make sure that, if the student changes their mind hal= fway through the process, that the pathways to get back and forth are there so t= hat it is very clear that, if you decide you want to become a tradesperson and then, halfway through that program you decide, “My goodness, I really enjoy this. I think I would sooner be an engineer in the same trade, but I = want to be an engineer” — we want to make sure that the pathways are clear and that they are there and that students have options and that it is also relevant to Yukon.
The gr= ade 10 unit in social studies on residential schools — as I said yesterday at the Opportunities North conference, and I have probably said here a number = of times too — it is only the first in a number of steps that we will be doing to ensure that students understand what happened within the residenti= al school era. We want to make sure too that it is relevant to the grade level. The introduction was grade 10. That is probably not relevant to grade 2, 3 = or 4. We want to make sure that students throughout our school system here in = the territory learn about that era and understand. We also want to make sure th= at they are able to take advantage of the rich cultural heritage of our First Nations, and that they are able to do things during their school time that enable them to experience that life, to learn about the cultural and on-the-land experiences that we think every kid in the territory should kno= w.
I thin= k I also said yesterday that it is also very important to us that — I will stop there and, if you have any other questions, I would be happy to go on. I co= uld go on forever.
Mr. Tredger: Why I am wondering is — everything that the minis=
ter
has said has been part of previous reports and part of previous
recommendations. As a school system, there are multiple pathways to graduat=
ion
and there are options. We have been working very hard to make sure there was a trades option and a university-geared option. We=
are
struggling with the fact that, when the minister and I went through school,=
you
could leave in grade 10 and get into an electrical trade or something. That=
is
no longer possible. The rigour and the requirements are very similar all the
way along.
The mu= ltiple pathways — I am not sure what the minister is referring to and how th= at would change. I agree with the need for more counselling — both social and career counselling — and that should be built in, and part of our curriculum is to deal with that. We need to re-emphasize it and maybe the n= ew visioning is maybe re-emphasizing some of the things that we have been work= ing on for a long time, but I haven’t seen anything substantial. We will = get a What We Heard document, and I= thank you very much for that. We have heard it all before. We have heard it many times before. We have heard it in different ways.
I get = a sense from educators — and from members of the community sometimes — = that there’s a bit of a new vision fatigue. I agree with the minister̵= 7;s sentiment that we need to move to implementation and we need to start looki= ng, setting targets and setting goals. We’ve been trying to deal with the gap bet= ween rural and urban, between First Nation and non-First Nation students for a l= ong time. It’s time to set some targets on that.
Let= 217;s make it our goal. Let’s ensure that within five years, this happens; withi= n 10 years, this happens; within one year, this happens — so that we have = some benchmarks. Then we can see that, if we are making it, great, and then let’s keep on the path. If we’re not, what do we need to do? Do= we need more resources? Do we need to change our direction? What do we need to= do? But let’s set some benchmarks, let’s set some goals that we’re going to go toward, and let’s set them in — out of = the many visions that we have had and with our communities. I agree that’s important and I congratulate the minister for holding the conferences and checking back with people. That should be an ongoing exercise. It’s n= ot new in education. It’s an exercise that we continually embark on.
The co= ncern from educators and the concern from parents is that, in our effort to move forwa= rd, sometimes we forget what’s working already. We need to emphasize that there are things that are working. We need to set benchmarks and move forwa= rd with that.
I woul= d ask the minister then — we’re going to get a What We Heard document. It was an afternoon as well as some time that the minister spent talking to students — and, I assume, to school councils individually and the general public. I guess I’m looking for= a timeline. When would we get the Wha= t We Heard document and when will we see what we discern from the What We Heard document? What are o= ur targets going to be? What are our goals going to be? What is this new vision going to mean?
ItR= 17;s fine to have a vision that we’re going to have more counselling, we’= re going to close the gap and we’re going to have graduates who are prou= d of what they get, but we need something concrete. We need some goals, some targets. We need to assess what the risks are, what’s happening, what’s working and what’s not, and how we go forward.
I thin= k it is important that we look at the conclusions and the recommendations of past reports, and that we consider that and move forward. I guess I’m look= ing for a timeline from the minister.
Hon. Mr. Graham: We’re working on some of these projects even now —= where something like the REM program that’s operating now will probably be expanded. It was something that students in the rural schools really felt w= as a great plus for them, but they also warned us that we shouldn’t try to= do everything by distance education because nothing replaces that teacher in t= he classroom, so we have to make those kinds of decisions.
You sh= ould get the What We Heard document — I spoke briefly with Cyndy here and they are attempting to compile all of = the information. You have to remember that there were a number of different tab= les, all being asked a number of different questions, so for us to compile all of that information from the different tables — I believe there were 17 tables — and to compile all of that information and get it on the web= site is time-consuming. As soon as that is done, we will then prepare another “where we go from here”.
I know= we will have in there some positive steps and some timelines, so you will know. Wha= t we hope to do is have funding in the 2016-17 budget= to carry out some of these initiatives and we will proceed from there. Already= in the department we have reallocated a little bit of funding and that is how = we were able to start the early intervention program with the seven EAs, which required some additional funding that we were able to reallocate within the department itself. We will continue to do some of those things, but we will= be looking at the 2016-17 budget to further move al= ong this path.
Mr. Tredger: I thank the minister for that and I look forward to seeing what the vision is= .
I hear= d from a number of schools within the city and in rural areas that it’s becomi= ng increasingly difficult to get substitute teachers. In fact, a number of sch= ools operated without substitute teachers during classroom time. I know that the department in the city has embarked on a central callout system. Has there = been any analysis done as to why there is a substitute teacher shortage in the c= ity? How has the new central callout system worked? One of the concerns that I h= eard from city schools or Whitehorse schools is that, with the central callout system, they were losing the ability to identify teachers who are familiar = with the school or who are familiar with the grade or the programming so that th= ey could ensure some continuity.
With t= he rural schools, I have heard concerns about increased expectations in terms of criminal records checks and delays around that — a delay in communica= tion from the department to the schools in terms of okaying certain people and g= etting them on to the sub lists so that they can be rehired — and that led to real concerns, especially in September. I understand some of them are being ironed out now and it’s starting to get better, but we are now two or three months into the school season. I wonder if there has been any analysi= s of how that has changed and how it has affected a school’s ability to ma= tch on-call teachers with the needs of the school and to ensure that schools, especially in our rural area, have access to substitute teachers. Any analy= sis and suggestions on that would help.
Hon. Mr. Graham:= I think the member opposite hit on all of the high poin= ts. We are having difficulties. The automated system — = EasyConnect — was first piloted in Robert Service School in Dawson City. I am not= so sure, as you probably are, that it works well in= the rural communities, but when school administrators were polled and brought together, school administrators did agree that EasyCon= nect was the best system to go with. I am not sure that they got adequate traini= ng in the process, so the administrators and people using that system were giv= en some additional training already. Other school administrators are doing additional training at the present time.
The sy= stem did go live this fall, but one of the problems we are facing is that we are now emphasizing the requirement for things like criminal records checks. We wan= t to check to ensure that the person is qualified to teach, so some of that documentation is not being provided in time. In fact, I know there is at le= ast one, two or three teachers in the system right now in the territory who were supposed to have all their documentation completed by now and it hasn’= ;t been — or by November 1, and it hasn’t been.
The de= partment is then in a dilemma. Do we tell them that they have to leave the classroom after they’ve been there for a couple of months, or do we do like we = did with the bus system — we work with what we have and try to get them through the process?
I think it’s fair to say that some of the retired teachers are not really hap= py with having to go through that process again. If they’re out of the school, they need an up-to-date criminal records check and they don’t= see the need and, in some cases, I agree with them; however, it’s a requirement. So for the safety of the kids, which is paramount in our minds, these things have to be completed.
I know= we had a difficult time with substitutes at the beginning of the year. I think we’ve kind of overcome it now, but our HR unit is also looking at goi= ng out and doing some additional advertising, making sure that people realize = some of the steps they’ll have to go through in order to become substitute teachers in the territory.
I̵= 7;m hoping this is an anomaly that will go away fairly quickly. I’m not sure I’m right, but we’re hoping that it’s an anomaly that we’ll be able to overcome fairly quickly. I have to tell you the EasyConnect system seems to be reducing the amount of= time that administrative staff spends on calling substitutes, so once fully implemented, I think it’ll be a great assistance to schools around the territory.
Mr. Tredger: I know that substitute teachers remain a concern in rural areas, especially if they don’t have a body of qualified people with = B.Eds to fulfill that. Some work on that would be — some analysis and some = time spent on that to ensure that the qualified people are in the classrooms.
I am w= ondering if the minister can give me an update. We are moving from YSIS to another f= orm of reporting. I know there have been some concerns about the same system th= at we are now buying into in British Columbia. I read a couple of articles on that. I am wondering where we are on that — whether there’s any feedback from British Columbia, which instituted it earlier — whether= we are still having trouble in terms of technology and having the IT capabilit= ies of those kinds of connections, so we don’t see the “wheel of death” any more. If the minister could give me a report on that, I wo= uld appreciate it.
Hon. Mr. Graham: I fully agree with the member opposite. Every time I see a new computer system, I shudder. I went through a full change at the college and= I know how much fun that was. The new system, Aspen, has been implemented = 212; you are right — and I will get you a full written report for the next= time. I will get a written report as quickly as possible and we will get it for y= ou.
Madam = Chair, seeing the time, I move that you report progress.
Chair: It ha= s been moved by Mr. Graham that the Chair report progress.
Are yo= u agreed?
Motion agreed to
Mr. Elias: I move that the Speaker do now resume the Chair.
Chair: It ha= s been moved by Mr. Elias that the Speaker do now resume the Chair.
Motion agreed to
Speaker resumes the Chair
Speaker: I w= ill now call the House to order.
May th= e House have a report from the Chair of Committee of the Whole?
Chair’s
report
Ms. McLeod: Mr. Speaker, Committee of the Whole has considered Bill No. 20, entitled Second Appropriation Act, 2015-16,= and directed me to report progress.
Speaker: You= have heard the report from the Chair of Committee of the Whole. Are you agreed?<= /span>
Some Hon. Members: Agreed.
Speaker: I d= eclare the report carried.
Mr. Elias: I move that the House do now adjourn.
Speaker: It = has been moved by the Government House Leader that the House do now adjourn.<= /p>
Motion agreed to
Speaker: Thi= s House now stands adjourned until 1:00 p.m. Monday.
The House adjourned at 5:26 p.m.
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