Supplementary, Mr. Gargan.

Thank you, Mr. Speaker. Part of the problem with the Workers' Compensation Board is that the legislation states that the board has exclusive jurisdiction over the workers' compensation matters. Is it the Minister's position that this precludes the board from any sort of accountability to the Legislative Assembly or to the people of the NWT?

Mr. Patterson.

Mr. Speaker, the Workers' Compensation Board chairman reports to the Legislature through me, and therefore I would certainly answer the honourable Member that there is an accountability to this Legislature. I would also say that there are policies of this government which can give the Minister responsible for the Workers' Compensation Board authority to direct the board in certain matters. So there are several ways which the WCB is accountable to this Legislature through the Minister responsible.

Supplementary, Mr. Gargan.

I am not too clear on what the Minister is saying. In which ways is the Workers' Compensation Board accountable to this Legislative Assembly? The act says they do have exclusive jurisdiction over workers' compensation matters.

Mr. Patterson.

Mr. Speaker, I think the first obvious element of accountability is that it is the Minister who is appointed through this Legislature and assigned responsibilities by the Government Leader, who appoints the chairperson and the Workers' Compensation Board members. So in that sense they are creatures, indirectly, of this House. There is an accountability there.

I would say in response to the honourable Member's specific question about exclusive jurisdiction that it is certainly true that with regard to actual compensation cases and appeals of those cases, it is not possible for the Minister to overrule the board on a case or appeal. So in situations like that, I would agree with the honourable Member that they do have exclusive jurisdiction, which does put them beyond reach of the Minister of this Legislature. But I would also say that there are many ways by which they are accountable to this Legislature, one being the need to approve their budget, for example, which must be placed before this House in the usual fashion.

So it is not a simple question to answer, Mr. Speaker, but there are some ways in which they are certainly accountable, and I am open to responding as best I can in areas of concern that Members may have about the actions of the board. Thank you.

Your last supplementary, Mr. Gargan.

Thank you, Mr. Speaker. I was under the impression that the only way the Minister is involved with the Workers' Compensation Board was with regard to the appointments. I was not too sure if he is also responsible for the implementation of policies that have been developed by the WCB. Is the Minister involved with the policies that are being developed by the Workers' Compensation Board, and does it require his approval prior to it being a policy?

Mr. Patterson.

Mr. Speaker, I think section 8 of the Workers' Compensation Act does make if fairly clear that with regard to the settling of claims, determining the degree of disability, determining whether earning capacity has or has not been impaired by reason of an accident, determining the amount of remuneration, questions like that, I think it is quite clear, Mr. Speaker, that the board has an exclusive jurisdiction that gives them the final say apart from the possibility of a court reviewing for an error of law or failure to exercise natural justice.

So those kinds of policies, policies with respect to issues like the lump sum payment issue which I know is of concern to Members, I believe that the act gives the board, as the Member says, exclusive jurisdiction. Having said that though, Mr. Speaker, being a creature of this Legislature and the board and its chairman being appointed by a Minister accountable to this Legislature, I would hope that there would also be such a good working relationship that the Minister responding to concerns of MLAs in this House, can at least have an influence on policies relating to claims. I certainly am attempting to do that, to raise concerns of Members, to have an impact on the policies that are made with respect to cases and claims.

I am not trying to be evasive, Mr. Speaker, but I think that there is no clear answer to this complicated question, although the board does have an exclusive jurisdiction by virtue of section 8. I think there are other sections, including the responsibility for the very appointment of the board, that mean that the Minister and this Legislature through the Minister, can and should have a good deal of influence on how the board formulates its policies with respect to workers.

Oral questions. Mrs. Marie-Jewell.

Mr. Speaker, my question is to the Minister responsible for the Workers' Compensation Board. Since he has basically indicated in this House that section 8 of the Workers' Compensation Act gives the board exclusive jurisdiction, can the Minister indicate to this House how he intends to address the area of the lump sum payment policy, where basically now the act allows that policy to only be developed by the board in isolation, without participation from the Minister? Thank you.

Mr. Patterson.

Mr. Speaker, since the chairman of the Workers' Compensation Board reports to me, I intend to influence the board's policy and attitude on the lump sum payment issue, by discussions and advice to the chairman of the Workers' Compensation Board. Thank you.

Oral questions. Mr. Pudluk.

Thank you, Mr. Speaker. This question is to the Minister of Renewable Resources. Earlier in my Member's statement I stated my concern over the decrease in the number of Peary caribou. There have been two teams, RNEW, Recovery of Nationally Endangered Wildlife; and the committee on the status of endangered wildlife in Canada. There is a team being formed to work with the local people. I would like to ask the Minister where those teams are from. I would also like to know if there are local people on those teams. Thank you.

Minister of Renewable Resources, Mr. Ningark.

Thank you, Mr. Speaker. One mandate in my department is to inform the communities whenever a survey of that kind is being done around the community. One of the things that we like to do is get the communities involved in the surveys and studies. The main purpose of this is to protect the wildlife. As the Member stated in his Member's statement, May is the wrong time of the year. At this time I am not aware of the group that is going over to that area, but I will get back to the Member and take this part of the question as notice.

Question is being taken as notice. Oral questions. Mr. Todd.

My question is to the Minister responsible for the WCB. In my statement, today, I told the House of the information I had received from the Workers' Compensation Board; that they have been putting together a record of positions I have taken while travelling on that board, how I voted, where and when I travelled. Could the Minister inform this House whether he instructed anyone in the Workers' Compensation Board to search the minutes of the meetings, when I was a member of the board, to see what positions I took on the issues at that time?

Minister responsible for the Workers' Compensation Board

.

Mr. Speaker, emphatically, no.