Debates of Dec. 10th, 1992

This is page numbers 397 - 451 of the Hansard for the 12th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

Topics

Members Present
Item 1: Prayer
Cabinet Assignments
International Year Of The World's Indigenous People
Support For N.W.T. Fur Trade
Appointment Of Mrs. Marie-jewell As O.M.C. Chairperson
Member's Statement Paying Tribute To Hon. Titus Allooloo
Cost Of Decentralization
Environmental Assessment Of Great Whale Hydroelectric Project
Settlement Of Issues In The House
C.b.c. Television Show "north Of 60"
Member's Statement Thanking Previous Minister Of Transportation
Member's Statement Congratulating Hon. Richard Nerysoo
Assignment Of Ministerial Portfolios
Member's Statement Congratulating New Ministers
"n.w.t. Diamond Play Dazzles Speculators"
Office Of The Languages Commissioner
Minister's Description Of W.c.b.
Ministerial Action In W.C.B. Rate Increases
Status Of Transfer Of Education Building
Policy On Commissioner's Address
Plans For G.n.w.t. Initiatives
Decentralization Of Programs And Services
Fundamental Changes To Government Structure
Privatization Of G.n.w.t. Programs And Services
Protection For Hunters And Trappers
Analysis Of Expenditure Management Program
Amount Of Reduction In Deficit In Past Year
Changes To G.n.w.t.
Minister's Commitment To Abstinence Clause
Government Leader Assure No Changes To Sobriety Clause
Reallocation Of Funds For Highway No. 5
Reallocation Of Funds For Chip Seal
Evaluation Of Space Requirements In Hay River
Charges Laid Against Pulp Mill
Support For Women In Business
Application Backlog Of N.W.T. Business Credit Corporation
Plans To Work With European Fur Industry
Date Of Business Credit Corporation Meeting
Application To Fund Incubator Mall
Implications Of Pulp Mill On N.W.T. Watershed
Analysing Fish For Contaminants
Value Of Surplus Assets From Expo '92
Opportunity For New Minister To View Office
Costs Of Locum Physicians
Business Travel Done By The Previous Minister Of Culture And Communications
Return To Written Question 7-12(3): Status Of The South Slave Divisional Board Of Education
Committee Report 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
Committee Report 9-12(3): Standing Committee On Agencies, Boards And Commissions, Interim Report On Health And Hospital Boards In The N.w.t.
Item 11: Reports Of Committees On The Review Of Bills
Item 12: Tabling Of Documents
Extension Of Sitting Hours - December 10, 1992
Appointments To Standing And Special Committees And Management And Services Board
Revert Back To Item 4: Returns To Oral Questions
Item 15: Motions
Extended Adjournment Of The House
Campaign Of The International Fund For Animal Welfare
Extension Of Sitting Hours - December 10, 1992
Appointments To Standing And Special Committees And Management And Services Board
Bill 16: Normal Wells Natural Gas Distribution System Act
Item 17: Second Reading Of Bills
Bill 16: Norman Wells Natural Gas Distribution System Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Directing Law Clerk To Write To Ethics Commissioner
Committee Report 9-12(3): Standing Committee On Agencies, Boards And Commissions, Interim Report On Health And Hospital Boards In The N.w.t.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
To Adopt Recommendation No. 1
To Adopt Recommendation No. 2
Item 19: Report Of Committee Of The Whole
Revert Back To Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Bill 3: An Act To Amend The Northwest Territories Housing Corporation Act
Item 19: Report Of Committee Of The Whole
Item 20: Third Reading Of Bills
Bill 15: An Act To Amend The Wildlife Act
Bill 3: An Act To Amend The Northwest Territories Housing Corporation Act
Bill 4: An Act To Amend The Public Trustee Act
Assent To Bills
Item 21: Orders Of The Day

Bill 3: An Act To Amend The Northwest Territories Housing Corporation Act
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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

Thank you. Clause 3. Agreed?

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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

Thank you. Clause 4. Agreed?

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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

Clause 5. Agreed?

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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

Thank you. Clause 6. Agreed?

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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

Thank you. The bill as a whole. Mrs. Marie-Jewell.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, can I ask one question with regard to clause 6? I do not know whether it is consistent with the Public Service Act. Clause 6.1 reads, "The president of the corporation shall be appointed by the Minister." I believe the Public Service Act for deputy ministers, which is equivalent to the president, is appointed by the Government Leader. Why does this bill allow for the appointment of the president by the Minister and not by the Government Leader? Thank you.

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The Chair John Ningark

Mr. Minister.

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. For the time being it has to be this way. In order for us to make this amendment to delete the board it has to be the Minister who appoints the president, just for the time being. When we come back with the legislation to convert the corporation to a department, then we can make further amendments to have the deputy minister appointed by the Government Leader the same as all other departments. In reality, the Government Leader still appoints the president.

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The Chair John Ningark

Thank you. Mrs. Marie-Jewell.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, can I get a legal opinion on that to ensure that it is not inconsistent with the Public Service Act? Thank you.

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The Chair John Ningark

Thank you. Law Clerk.

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. I do not have the answer to that available right now. I would have to take a short break to review the Public Service Act.

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The Chair John Ningark

Does the committee agree that we take a short break to get the Law Clerk to check the matter out?

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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

We will take a five minute break.

---SHORT RECESS

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The Chair John Ningark

The Chair recognizes a quorum. The committee will now come back to order. Legal advisor, are you ready for the deliberation of your legal opinion on the matter that was presented before the committee?

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Law Clerk Ms. Macpherson

Yes, I am, Mr. Chairman, and I thank the House for its indulgence. Mr. Chairman, Mr. Zoe has raised an interesting issue. The Public Service Act does provide that the Minister, being the Minister of Personnel, has the exclusive right and authority to appoint persons to positions within the public service. As Members have obviously noted, it is proposed that the president of this corporation will be a member of the public service. However, there is a general principle of statutory interpretation which deals with the issue of specifics as contrasted with general legislation, and specific legislation, such as the bill before Members, will always prevail over general legislation, such as the Public Service Act.

Secondly, there is also a statutory principle of interpretation that legislation which is later in time, which has received the approval of the House at a later date than an earlier act, will prevail over that earlier act. Accordingly, Mr. Chairman, I do not see any difficulties with having the Minister responsible for the Housing Corporation appoint the president of the corporation. Thank you, Mr. Chairman.

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The Chair John Ningark

Thank you. Bill as a whole?

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Some Hon. Members

Agreed.

---Agreed

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The Chair John Ningark

Mrs. Marie-Jewell.