Thank you, Mr. Chairman. The standing committee on legislation has been considering Bill 17, which is the Child Day Care Act. The bill would correct a serious flaw in the scope of the current statute. Presently the director of child day-care programs within the Department of Social Services is able to suspend the licences of day-care operators. However, the wording of the relevant sections of the act makes it difficult for the director to take action that would effectively close down a day-care operation when it became apparent that there was a risk to health, safety or well-being of children who were cared for in the facility.

The standing committee appreciated the attendance of the Minister of Social Services, the Hon. Tony Whitford, at meetings when this bill was reviewed. The Minister and his officials were able to assist the committee greatly by introducing the bill, outlining difficult case situations created by the current legislation and responding to Members' questions.

Bill 17 would amend the Child Day Care Act to allow the director to suspend a licence if she had reasonable grounds to believe that the health, safety or well-being of a child attending a day-care facility was at risk. This would be extremely important, Mr. Chairman, under circumstances in which there was strong evidence to suggest that a youngster was being mistreated. Presently, there is no option for the department to follow. Bill 17 would correct this.

The new legislative procedures adopted by this House last winter allow for amendments to be made in bills at the standing committee stage, with the concurrence of the Minister. This is what happened when the standing committee reviewed Bill 17. During an earlier meeting the committee noted that amendments to the Child Day Care Act would not allow an operator who had lost his licence because of a reasonable-ground suspension to apply for reinstatement. A motion was passed in the standing committee on legislation to amend the reinstatement procedures. The Minister concurred with this amendment, and the bill has been reprinted to reflect this change.

Mr. Minister, I should also report that there was considerable discussion during the standing committee meetings about the overall quality of the Child Day Care Act. The committee expressed particular concern regarding the level of authority accorded to the director of child day-care programs. It was generally felt that some of the authorities presently held by the director might be better placed in the hands of the Minister. The current amendments in Bill 17 will strengthen the director's authority even further. The standing committee was generally concerned about this, but Members had no wish to delay ministerial initiatives aimed at improving the department's capacity to ensure the safety and protection of children. Accordingly, at its meeting on Tuesday, March 31st, the standing committee on legislation voted to refer Bill 17 to committee of the whole.

The standing committee felt that the more general issues about the substance of the existing legislation should still be addressed. For that reason, Mr. Chairman, I wish to propose the following motion:

Motion To Undertake Comprehensive Review Of Child Day Care Act, Carried

I move that this committee recommends that the Minister of Social Services undertake a comprehensive review, including public consultation, of the Child Day Care Act and bring forward amendments at the earliest opportunity,

Thank you. Your motion is in order. To the motion. Mr. Arngna'naaq.

Thank you, Mr. Chairman. I have outlined concerns by the standing committee regarding the sections of the act which deal with the authority of the director of the child day-care programs. I would also note that as part of the public process now followed by the standing committee on legislation, input was received from the NWT Status of Women Council, and the council was supportive of the amendment in Bill 17. However, they also pointed out a number of additional areas in which the act ought to be amended. This is the sort of input the Minister may wish to consider when he reviews the existing legislation.

This is important legislation, and it is essential that the government ensures it meets the highest legislative standards. I am sure that the day-care organizations and associations that use this legislation regularly will likely have additional recommendations for improving the existing statute. I would urge all Members to support this motion.

To the motion.

Question.

Question is being called. Those in favour of the motion? Opposed, if any? The motion is carried.

--- Carried

Mr. Nerysoo.

Thank you, Mr. Chairman. I know the Minister and officials know some of the comments that I made in the review process about this legislation. I wanted other Members and the government to hear the concerns I have so they can understand where I am coming from. I think I have had some concern about the amount of power and responsibility that is being placed in the hands of the director without clear indications that investigative measures or procedures are to take place prior to the suspension of a licence of an operator.

I agree and wholeheartedly support the initiative to protect the well-being and the health of children, but I also have to caution the Minister and the officials about this idea of allegations, because we have used the word quite loosely over the past couple of days. The definition is "unproved opinions" or "unproved arguments.' What causes me concern is, I do not want the issue of simple allegations regarding an operator to be the basis on which you suspend a licence. I think there has to be a little more substantial argument that is placed in the hands of the Minister or the director to ensure there is some legal basis that they can stand on in any civil action,

I know my colleagues on the standing committee are aware of the concern that I have about this matter. I also realize the concerns of the Minister and the director in trying to respond and act quickly in cases that are necessary. But I also wanted to say that in our effort to act quickly and responsibly to concerns raised by the public about an operation of a daycare, we may cause great harm to the character of men and women and facilities that may never be recoverable in the end. I am hoping that the Minister and his officials and the government are aware of the concerns that I have and appropriately apply the legislation, that you are going to receive approval on, with great care and with great vigilance in terms of the investigations that take place. I do not necessarily mean detailed investigations so that everything is provable. But I think that you must be vigilant about the actual circumstances that exist and the concerns that are being expressed and you can verity those concerns. Otherwise, I think we run the danger of really defaming the character of people and day-care facilities. I wanted the Minister and Members here to understand the reasons I raise those arguments.

I want to say, as well, that I think the chairman of the standing committee on legislation clearly articulated the issues, and the motion that was introduced and passed by this committee requests that a comprehensive review be done of the present legislation, and I support that. Thank you, Mr. Chairman.

Thank you. General comments. Shall we move clause by clause?

Agreed.

--- Agreed

Clause 1. Agreed?

Agreed.

--- Agreed

Clause 2. Agreed?

Agreed.

--- Agreed

Clause 3. Agreed?

Agreed.

--- Agreed

. Clause 4. Agreed?

Agreed.

--- Agreed

The bill as a whole. Agreed?

Agreed.

--- Agreed

Does the committee agree that that concludes Bill 17? Agreed?

Agreed.

--- Agreed

Thank you, Mr. Minister and chairman of the legislation committee. We still have Bill 1 to deal with on our agenda. Is that the committee's wish, to go to Bill 1?

Agreed.

--- Agreed

Thank you. Bill 1, An Act to Amend the Education Act. Mr. Minister, would you like to make your opening remarks?