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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Jeannie Marie-Jewell Thebacha

Mr. Chairman, can I ask the Law Clerk, was there not an amendment in the Public Service Act, I believe it was last year or the year before, to allow for the Government Leader, as opposed to the Minister of Personnel, to appoint deputy ministers to the public service?

Bill 3: An Act To Amend The Northwest Territories Housing Corporation Act
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The Chair John Ningark

Legal advisor.

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Law Clerk Ms. Macpherson

I wonder if I could just have a few seconds to have a look at the latest statute. I do not believe that this will take longer than a minute. I recall the act that the Member is speaking of but I do not recall the specific provision being included within that act.

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The Chair John Ningark

Thank you. Mrs. Marie-Jewell.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, in addition to that, since the Official Languages Act that we have recently gone through indicates the Languages Commissioner being equivalent to, I believe, a deputy minister, would the Minister be willing to apply a definition to the term or to the wording of president within this act? Thank you.

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The Chair John Ningark

Thank you. Mr. Minister.

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. My understanding is that it is not needed because under the Public Service Act the president is considered to be the deputy head.

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The Chair John Ningark

Thank you. Mrs. Jewell.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, I am asking, if the Public Service Act has the definition of a president, and the Public Service Act indicates that the Minister of Personnel appoints the deputy ministers, then why is this particular clause in the act?

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The Chair John Ningark

Thank you. Mr. Minister.

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. The fact that they are deputy heads means that they have the responsibilities of a deputy head as set out in the act.

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The Chair John Ningark

Thank you. I believe that the legal advisor is ready for her legal opinion.

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. Mr. Chairman, Mrs. Marie-Jewell is correct, the act was amended. Basically, the Minister of Personnel has the exclusive right to appoint people to positions in the Public Service with the exception of deputy ministers, who are appointed by the recommendation of the Government Leader, by the Commissioner and the Executive Council. However, I would point out to Members that the same legislative principles with respect to specific legislation prevailing over general and later legislation prevailing over earlier legislation would still apply to this particular bill before the House.

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The Chair John Ningark

Thank you. Member for Thebacha.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, if that is the particular case, then why is it that this particular clause is in the act? It is not necessarily needed. Can I get the opinion of the Law Clerk?

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The Chair John Ningark

Thank you. Madam Law Clerk.

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. It is my understanding that this clause is needed within this act so as to allow the Minister responsible for the Housing Corporation to appoint the president. If this clause were not in the act, it would be the Government Leader or the Commissioner and Executive Council on the recommendation of the Government Leader who would be responsible for making deputy minister level appointments. This clause is in to allow the Minister responsible for the Housing Corporation to make those appointments.

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The Chair John Ningark

Thank you. Member for Thebacha.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, if our Public Service Act allows for the definition of a president being equivalent to deputy ministers, and if our Public Service Act allows for the Government Leader to make the recommendation of appointments with the support of the Executive Council and Commissioner, and if we indicate in this act that the president of the corporation is a member of the public service, then why is this particular clause in the act that allows the Minister to make appointments, because it is contrary to the intent of the government's Public Service Act?

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The Chair John Ningark

Thank you. Legal advisor.

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. I think that may be a policy issue as to whether it is more appropriate for these appointments to be made by the

Government Leader or by the Minister in charge of the bill. 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.

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, I wonder if it is appropriate that this particular clause " the president of the corporation shall be appointed," and I am just asking for legal advice here, be changed to, "shall be appointed by the procedures used in the Public Service Act" which would allow the Government Leader to do the appointment, because I am quite sure that the Government Leader does the appointment anyway. Thank you.