OPENING MEDITATION Councillor Smith will read the Opening Meditation. We are honoured to be on Chief Drygeese Territory. We are grateful for our city, for our homes, for our neighbours, and for our freedom. We are grateful for the opportunity we have to meet here and to serve our fellow citizens. May we bring both the strength of our convictions, and the willingness to listen and learn, to our discussions. May we consider the needs and aspirations of all our fellow citizens in our decisions. And may we always represent our constituents with dignity, integrity, and honesty.
AWARDS, CEREMONIES AND PRESENTATIONS A presentation of the Holiday Light Awards.
3. Minutes of Council for the regular meeting of Monday, December 10, 2018 are presented for adoption. 4. Councillor Smith moves, Councillor ____________ seconds, That Minutes of Council for the regular meeting of Monday, December 10, 2018 be presented for adoption.
5. Minutes of Council for the special meeting of Wednesday, December 12, 2018 are presented for adoption. 6. Councillor Smith moves, Councillor __________ seconds, That Minutes of Council for the special meeting of Wednesday, December 12, 2018 be presented for adoption.
MEMBER STATEMENTS A request to proclaim the month of January as “Alzheimer Awareness Month” in the City of Yellowknife.
INTRODUCTION AND CONSIDERATION OF COMMITTEE REPORTS Councillor Smith will introduce the following reports: 12. Governance and Priorities Committee Report for December 10, 2018. 13. Councillor Smith moves, Councillor ____________ seconds, That the Whistleblower Policy be amended by removing the third party reporting system.
14. Governance and Priorities Committee Report for January 7, 2019 at 12:05 p.m. 15. Councillor Smith moves, Councillor _____________ seconds, That the following resolutions be presented for adoption and forwarded to the NWT Association of Communities in response to its call for resolutions: Taltson Hydro Project WHEREAS the City of Yellowknife acknowledges the importance of clean, affordable power; AND WHEREAS the City of Yellowknife is itself a major consumer of electrical power; AND WHEREAS the financial costs of electrical power represent a significant expenditure for the City; AND WHEREAS the City of Yellowknife recognizes that electrical power is a necessity for its residents; AND WHEREAS the cost of electric power can represent a significant expenditure for many households; AND WHEREAS clean and affordable power is essential for continued economic development within Yellowknife and the Northwest Territories; AND WHEREAS the City of Yellowknife encourages clean, renewable energy production to reduce greenhouse gas emissions and protect the environment; NOW THEREFORE BE IT RESOLVED that the NWT Association of Communities lobby the Government of the Northwest Territories to advance its efforts with respect to furthering a solution to effectively distribute clean energy from the Taltson Hydro project to Yellowknife and other key points in the Northwest Territories; to initiate indigenous engagement and partnership discussions to ensure success of the distribution solution; and to actively engage in energy market discussions with prospective customers to ensure diverse requirements are met as cost-effectively as possible. The Duty to Consult WHEREAS Section 35 of the Constitution Act 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada; AND WHEREAS the GNWT has a legal duty to consult and accommodate Aboriginal governments and organizations whenever it considers carrying out a government action that has the potential to adversely affect asserted or established Aboriginal or Treaty rights; AND WHEREAS the duty to consult is a constitutional obligation that is rooted in Section 35 of the Constitution Act 1982; AND WHEREAS the Government of the Northwest Territories is still developing a framework regarding obligations and expectations related to conducting consultation as it relates to municipal activities; AND WHEREAS the City of Yellowknife has been advised that the Government of the Northwest Territories could delegate procedural aspects of Section 35 of the Constitution Act 1982 to community governments; AND WHEREAS a determination of the responsibilities of community governments in the procedural aspects of Section 35 Community Consultation are not yet defined; AND WHEREAS community governments identify statutory consultation through Territorial legislation, such as the Cities, Towns of Villages Act and the Community Planning & Development Act and Section 35 Consultation is not defined within the legislation guiding municipal activities at this time; AND WHEREAS Community governments are required seek Ministerial approval on specific plans and by-laws but are unable to confidently determine which aspects of Section 35 Consultation are required to form part of a project methodology or process; AND WHEREAS Community governments seek to have strong working relationships with Indigenous peoples in Canada but have not received clear guidelines related to Ministerial expectations related to Community Consultation; NOW THEREFORE BE IT RESOLVED THAT the Northwest Territories Association of Communities urge the Government of the Northwest Territories to engage community governments in the development of amendments to applicable legislation in order to provide a clear regulatory framework related to delegation of procedural aspects of Section 35 Community Consultation, within which community governments can then implement municipal projects. Alternative Voting Methods WHEREAS Section 52.1.(1) of the Local Authorities Elections Act authorizes a local authority, that is a municipality, to pass a by-law to provide for voting by way of mail-in-ballot or the casting of ballots at the office of the returning officer; AND WHEREAS other jurisdictions within Canada allow for Alternative Voting Methods such as telephone voting and internet voting; AND WHEREAS the acceptance of digital technology in society is increasing exponentially; AND WHEREAS the use of technology can improve accessibility, enhance voter privacy and convenience, reduce ballot errors and increase efficiency of elections; NOW THEREFORE BE IT RESOLVED THAT the Northwest Territories Association of Communities lobby the Government of the Northwest Territories to amend the Local Authorities Elections Act to incorporate technological advancements and alternative voting methods such as, but not limited to telephone voting and internet voting. Cannabis – Revenue Sharing WHEREAS the Government of Canada passed the Cannabis Act S.C. 2018, c.16 (Bill C-45 which legalized non-medical marijuana (cannabis) in Canada effective October 17, 2018; AND WHEREAS the Legislative Assembly of the Northwest Territories enacted the Cannabis Products Act S.N.W.T. 2018,c.6 and the Cannabis Smoking Control Act S.N.W.T. 2018, c.6, to legalize the sale and use of cannabis in the Northwest Territories effective October 17, 2018; AND WHEREAS the 2018 Federal Budget affirms that it is the federal government’s expectation that a substantial portion of the revenues from cannabis excise taxes provided to provinces and territories will be transferred to municipalities and local communities, who are on the front lines of legalization; AND WHEREAS it will be the responsibility of local governments to establish and/or enforce regulations and policies related to zoning, business licensing, building code and public consumption, which will result in initial and ongoing costs; AND WHEREAS the Government of the Northwest Territories has indicated that there will be no transfer of revenue from cannabis excise taxes received by the territorial government shared with municipalities; NOW THEREFORE BE IT RESOLVED that the NWTAC lobby the Territorial Government to provide 25% of the excise tax on cannabis that is shared with the Government of the Northwest Territories by the federal government, and the same share of any additional tax that the Government of the Northwest Territories imposes on the sale of cannabis, be shared with municipalities. Post-Secondary Education – Transformation WHEREAS transformation of post-secondary education is essential to advancing and supporting the economic social and workforce development in the Northwest Territories; AND WHEREAS the Government of the Northwest Territories undertook a review of Aurora College to ensure NWT residents have access to high quality post-secondary education in the NWT; AND WHEREAS the Aurora College Foundational Review Report contained 67 recommendations, including transformation of Aurora College into a polytechnic university; AND WHEREAS the Government of the Northwest Territories issued a response to the Aurora College Foundational Review Report and accepted the recommendation to transform Aurora College into a polytechnic university; AND WHEREAS the transformation of Aurora College into a polytechnic university is an investment in the knowledge economy that will ensure both research investment and knowledge remain in the NWT; NOW THEREFORE BE IT RESOLVED that the Government of the Northwest Territories take immediate steps to work with key partners, including municipalities, to create a successful vision for post-secondary education in the territory and development of an implementation plan for creation of the polytechnic university. Regulation of Crematoriums WHEREAS the regulation of crematoriums in Canada is a provincial/territorial responsibility; AND WHEREAS the Government of the Northwest Territories passed the Health Statutes Amendments Act (Bill 30) in 2018 which amended the Public Health Act to clarify that the Commissioner may make regulations respecting cremation and crematoriums; AND WHEREAS the Government of the Northwest Territories has not enacted any regulations respecting cremation and crematoriums; NOW THEREFORE BE IT RESOLVED that the NWTAC urge the Government of the Northwest Territories to create regulations respecting cremation and crematoriums pursuant to the Public Health Act, as amended. And that the following resolutions regarding the Property Assessment and Taxation Act be reaffirmed: 2018-15 amending the Property Assessment and Taxation Act to allow municipalities the option of providing notices of assessment, notices of tax payable and other documents relevant to the assessment and taxation processes electronically, using electronic delivery methods. RA-18-13-02 (i) amending the Property Assessment and Taxation Act and the Grants-In-Lieu of Properties Policy to allow municipal governments to request a payment in lieu of taxes if all reasonable attempts to collect the outstanding taxes have not been successful in accordance with what the federal and other provincial governments have already done; and (ii) changing the name of the ‘Grants-In-Lieu of Properties Policy’ to the ‘Payments-In-Lieu of Properties Policy’ to emphasize the territorial government's responsibility as a property owner to share in the cost of local government, rather than its generosity in making a payment which it is not legally obliged to make. RA-18-98-12 amending the Property Assessment and Taxation Act such that the Tribunal be granted a period of no more than six months from the time of the deadline of appeals during which it must rule on said appeals.
Councillor Smith moves, Councillor ____________ seconds, That Daryl Dolynny be appointed as a representative from an organization serving seniors to serve on the Community Advisory Board on Homelessness for a two-year term commencing January 15, 2019 and ending on January 14, 2021.
NEW BUSINESS 19. A memorandum regarding whether to present the Carbon Pricing Resolution to the Northwest Territories Association of Communities (“NWTAC”) for adoption at its annual general meeting (“AGM”). 20. Councillor Smith moves, Councillor ________ seconds, That the Carbon Pricing Resolution be presented for adoption by Council and forwarded to the NWT Association of Communities in response to its call for resolutions. Carbon Pricing in the Northwest Territories WHEREAS fossil fuel use contributes to climate change inducing greenhouse gas emissions; AND WHEREAS the Government of the Northwest Territories is a signatory to the Pan-Canadian Framework for Clean Growth and Climate Change and is committed to meeting Federal benchmark for carbon pricing by 2019; AND WHEREAS the Government of the Northwest Territories has implemented Pan-Canadian Carbon Pricing in the Northwest Territories; AND WHEREAS the Government of the Northwest Territories has adopted a Carbon Tax as the preferred option for carbon pricing; AND WHEREAS communities in the NWT and their residents will see a direct increase in costs as a result of the carbon tax; NOW THEREFORE BE IT RESOLVED THAT the Northwest Territories Association of Communities lobby the Government of the Northwest Territories to ensure: 1) That 100% of the carbon tax revenue be recycled into the economy through transfers to households, business, industry and municipalities; 2) That support regarding the implementation of the carbon tax is addressed to the satisfaction of the communities; 3) That communities are proportionally funded to offset increased cost of municipal operations as a result of the carbon tax implementation; 4) That it commits to the advancement of sustainable initiatives to reduce the reliance on non-renewable fuels; and 5) That the implementation and reporting processes related to the carbon tax initiative are presented in a transparent manner.
Additional Item ADJOURNMENT
OPENING MEDITATION Councillor Smith will read the Opening Meditation. We are honoured to be on Chief Drygeese Territory. We are grateful for our city, for our homes, for our neighbours, and for our freedom. We are grateful for the opportunity we have to meet here and to serve our fellow citizens. May we bring both the strength of our convictions, and the willingness to listen and learn, to our discussions. May we consider the needs and aspirations of all our fellow citizens in our decisions. And may we always represent our constituents with dignity, integrity, and honesty.
AWARDS, CEREMONIES AND PRESENTATIONS A presentation of the Holiday Light Awards.
3. Minutes of Council for the regular meeting of Monday, December 10, 2018 are presented for adoption. 4. Councillor Smith moves, Councillor ____________ seconds, That Minutes of Council for the regular meeting of Monday, December 10, 2018 be presented for adoption.
5. Minutes of Council for the special meeting of Wednesday, December 12, 2018 are presented for adoption. 6. Councillor Smith moves, Councillor __________ seconds, That Minutes of Council for the special meeting of Wednesday, December 12, 2018 be presented for adoption.
MEMBER STATEMENTS A request to proclaim the month of January as “Alzheimer Awareness Month” in the City of Yellowknife.
INTRODUCTION AND CONSIDERATION OF COMMITTEE REPORTS Councillor Smith will introduce the following reports: 12. Governance and Priorities Committee Report for December 10, 2018. 13. Councillor Smith moves, Councillor ____________ seconds, That the Whistleblower Policy be amended by removing the third party reporting system.
14. Governance and Priorities Committee Report for January 7, 2019 at 12:05 p.m. 15. Councillor Smith moves, Councillor _____________ seconds, That the following resolutions be presented for adoption and forwarded to the NWT Association of Communities in response to its call for resolutions: Taltson Hydro Project WHEREAS the City of Yellowknife acknowledges the importance of clean, affordable power; AND WHEREAS the City of Yellowknife is itself a major consumer of electrical power; AND WHEREAS the financial costs of electrical power represent a significant expenditure for the City; AND WHEREAS the City of Yellowknife recognizes that electrical power is a necessity for its residents; AND WHEREAS the cost of electric power can represent a significant expenditure for many households; AND WHEREAS clean and affordable power is essential for continued economic development within Yellowknife and the Northwest Territories; AND WHEREAS the City of Yellowknife encourages clean, renewable energy production to reduce greenhouse gas emissions and protect the environment; NOW THEREFORE BE IT RESOLVED that the NWT Association of Communities lobby the Government of the Northwest Territories to advance its efforts with respect to furthering a solution to effectively distribute clean energy from the Taltson Hydro project to Yellowknife and other key points in the Northwest Territories; to initiate indigenous engagement and partnership discussions to ensure success of the distribution solution; and to actively engage in energy market discussions with prospective customers to ensure diverse requirements are met as cost-effectively as possible. The Duty to Consult WHEREAS Section 35 of the Constitution Act 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada; AND WHEREAS the GNWT has a legal duty to consult and accommodate Aboriginal governments and organizations whenever it considers carrying out a government action that has the potential to adversely affect asserted or established Aboriginal or Treaty rights; AND WHEREAS the duty to consult is a constitutional obligation that is rooted in Section 35 of the Constitution Act 1982; AND WHEREAS the Government of the Northwest Territories is still developing a framework regarding obligations and expectations related to conducting consultation as it relates to municipal activities; AND WHEREAS the City of Yellowknife has been advised that the Government of the Northwest Territories could delegate procedural aspects of Section 35 of the Constitution Act 1982 to community governments; AND WHEREAS a determination of the responsibilities of community governments in the procedural aspects of Section 35 Community Consultation are not yet defined; AND WHEREAS community governments identify statutory consultation through Territorial legislation, such as the Cities, Towns of Villages Act and the Community Planning & Development Act and Section 35 Consultation is not defined within the legislation guiding municipal activities at this time; AND WHEREAS Community governments are required seek Ministerial approval on specific plans and by-laws but are unable to confidently determine which aspects of Section 35 Consultation are required to form part of a project methodology or process; AND WHEREAS Community governments seek to have strong working relationships with Indigenous peoples in Canada but have not received clear guidelines related to Ministerial expectations related to Community Consultation; NOW THEREFORE BE IT RESOLVED THAT the Northwest Territories Association of Communities urge the Government of the Northwest Territories to engage community governments in the development of amendments to applicable legislation in order to provide a clear regulatory framework related to delegation of procedural aspects of Section 35 Community Consultation, within which community governments can then implement municipal projects. Alternative Voting Methods WHEREAS Section 52.1.(1) of the Local Authorities Elections Act authorizes a local authority, that is a municipality, to pass a by-law to provide for voting by way of mail-in-ballot or the casting of ballots at the office of the returning officer; AND WHEREAS other jurisdictions within Canada allow for Alternative Voting Methods such as telephone voting and internet voting; AND WHEREAS the acceptance of digital technology in society is increasing exponentially; AND WHEREAS the use of technology can improve accessibility, enhance voter privacy and convenience, reduce ballot errors and increase efficiency of elections; NOW THEREFORE BE IT RESOLVED THAT the Northwest Territories Association of Communities lobby the Government of the Northwest Territories to amend the Local Authorities Elections Act to incorporate technological advancements and alternative voting methods such as, but not limited to telephone voting and internet voting. Cannabis – Revenue Sharing WHEREAS the Government of Canada passed the Cannabis Act S.C. 2018, c.16 (Bill C-45 which legalized non-medical marijuana (cannabis) in Canada effective October 17, 2018; AND WHEREAS the Legislative Assembly of the Northwest Territories enacted the Cannabis Products Act S.N.W.T. 2018,c.6 and the Cannabis Smoking Control Act S.N.W.T. 2018, c.6, to legalize the sale and use of cannabis in the Northwest Territories effective October 17, 2018; AND WHEREAS the 2018 Federal Budget affirms that it is the federal government’s expectation that a substantial portion of the revenues from cannabis excise taxes provided to provinces and territories will be transferred to municipalities and local communities, who are on the front lines of legalization; AND WHEREAS it will be the responsibility of local governments to establish and/or enforce regulations and policies related to zoning, business licensing, building code and public consumption, which will result in initial and ongoing costs; AND WHEREAS the Government of the Northwest Territories has indicated that there will be no transfer of revenue from cannabis excise taxes received by the territorial government shared with municipalities; NOW THEREFORE BE IT RESOLVED that the NWTAC lobby the Territorial Government to provide 25% of the excise tax on cannabis that is shared with the Government of the Northwest Territories by the federal government, and the same share of any additional tax that the Government of the Northwest Territories imposes on the sale of cannabis, be shared with municipalities. Post-Secondary Education – Transformation WHEREAS transformation of post-secondary education is essential to advancing and supporting the economic social and workforce development in the Northwest Territories; AND WHEREAS the Government of the Northwest Territories undertook a review of Aurora College to ensure NWT residents have access to high quality post-secondary education in the NWT; AND WHEREAS the Aurora College Foundational Review Report contained 67 recommendations, including transformation of Aurora College into a polytechnic university; AND WHEREAS the Government of the Northwest Territories issued a response to the Aurora College Foundational Review Report and accepted the recommendation to transform Aurora College into a polytechnic university; AND WHEREAS the transformation of Aurora College into a polytechnic university is an investment in the knowledge economy that will ensure both research investment and knowledge remain in the NWT; NOW THEREFORE BE IT RESOLVED that the Government of the Northwest Territories take immediate steps to work with key partners, including municipalities, to create a successful vision for post-secondary education in the territory and development of an implementation plan for creation of the polytechnic university. Regulation of Crematoriums WHEREAS the regulation of crematoriums in Canada is a provincial/territorial responsibility; AND WHEREAS the Government of the Northwest Territories passed the Health Statutes Amendments Act (Bill 30) in 2018 which amended the Public Health Act to clarify that the Commissioner may make regulations respecting cremation and crematoriums; AND WHEREAS the Government of the Northwest Territories has not enacted any regulations respecting cremation and crematoriums; NOW THEREFORE BE IT RESOLVED that the NWTAC urge the Government of the Northwest Territories to create regulations respecting cremation and crematoriums pursuant to the Public Health Act, as amended. And that the following resolutions regarding the Property Assessment and Taxation Act be reaffirmed: 2018-15 amending the Property Assessment and Taxation Act to allow municipalities the option of providing notices of assessment, notices of tax payable and other documents relevant to the assessment and taxation processes electronically, using electronic delivery methods. RA-18-13-02 (i) amending the Property Assessment and Taxation Act and the Grants-In-Lieu of Properties Policy to allow municipal governments to request a payment in lieu of taxes if all reasonable attempts to collect the outstanding taxes have not been successful in accordance with what the federal and other provincial governments have already done; and (ii) changing the name of the ‘Grants-In-Lieu of Properties Policy’ to the ‘Payments-In-Lieu of Properties Policy’ to emphasize the territorial government's responsibility as a property owner to share in the cost of local government, rather than its generosity in making a payment which it is not legally obliged to make. RA-18-98-12 amending the Property Assessment and Taxation Act such that the Tribunal be granted a period of no more than six months from the time of the deadline of appeals during which it must rule on said appeals.
Councillor Smith moves, Councillor ____________ seconds, That Daryl Dolynny be appointed as a representative from an organization serving seniors to serve on the Community Advisory Board on Homelessness for a two-year term commencing January 15, 2019 and ending on January 14, 2021.
NEW BUSINESS 19. A memorandum regarding whether to present the Carbon Pricing Resolution to the Northwest Territories Association of Communities (“NWTAC”) for adoption at its annual general meeting (“AGM”). 20. Councillor Smith moves, Councillor ________ seconds, That the Carbon Pricing Resolution be presented for adoption by Council and forwarded to the NWT Association of Communities in response to its call for resolutions. Carbon Pricing in the Northwest Territories WHEREAS fossil fuel use contributes to climate change inducing greenhouse gas emissions; AND WHEREAS the Government of the Northwest Territories is a signatory to the Pan-Canadian Framework for Clean Growth and Climate Change and is committed to meeting Federal benchmark for carbon pricing by 2019; AND WHEREAS the Government of the Northwest Territories has implemented Pan-Canadian Carbon Pricing in the Northwest Territories; AND WHEREAS the Government of the Northwest Territories has adopted a Carbon Tax as the preferred option for carbon pricing; AND WHEREAS communities in the NWT and their residents will see a direct increase in costs as a result of the carbon tax; NOW THEREFORE BE IT RESOLVED THAT the Northwest Territories Association of Communities lobby the Government of the Northwest Territories to ensure: 1) That 100% of the carbon tax revenue be recycled into the economy through transfers to households, business, industry and municipalities; 2) That support regarding the implementation of the carbon tax is addressed to the satisfaction of the communities; 3) That communities are proportionally funded to offset increased cost of municipal operations as a result of the carbon tax implementation; 4) That it commits to the advancement of sustainable initiatives to reduce the reliance on non-renewable fuels; and 5) That the implementation and reporting processes related to the carbon tax initiative are presented in a transparent manner.
Additional Item ADJOURNMENT