The question has been called. All those in favour? All those opposed? The motion is carried.

--- Carried

Mr. Antoine.

This then begs the question of where and how eligibility requirements for hunters and trappers coverage should be established. The standing committee deliberated for some time on this. One option would be to recognize the hunters and trappers coverage does not fit particularly well within the framework of the Workers' Compensation Act or the philosophy of workers' compensation. The Northern Workers' Council on Workers' Compensation made the point that:

"The WCB has taken a lot of criticism lately for a program that is not even theirs. The criteria for claimants and the amount they can claim should probably properly be determined by those who established the program and pay for it. This is the GNWT and the Department of Renewable Resources."

The difficult with complete transfer of the responsibility for compensating injured hunters and trappers has to do with the duplication of services. Internally, accountable systems exist for receipt, processing, adjudication by policy application, and appeal of claims, within the Workers' Compensation Board. It would cost the Government of the Northwest Territories significantly more to duplicate the service structure than it does to take advantage of the board's economies of scale and expertise by paying for claim administration costs. The Strength at Two Levels report gives a clear message when it states:

"Approaching a period of severe restraint, the Northwest Territories can no longer afford a structure of government which is too fragmented and ill suited to its need. It must simplify and consolidate."

Another option would then be to transfer partial responsibility to the Department of Renewable Resources, and establish provisions within the Workers' Compensation Act which allows the establishment of agreements between the board and the department respecting the administration of harvesters' claims. This would limit the board's involvement to paper flow functions, and leave policy decisions to the department.

The standing committee believed, however, that it would be preferable to see provision for the hunters and trappers coverage remain in the Workers' Compensation Act, but work toward finding more workable and realistic criteria for identifying which persons are principally engaged in traditional harvesting. In striving for this, one key may be to model the board's relationship with the Department of Renewable Resources after the board's relationship with other employers. Much as an employer does, the department would provide the board with information about the nature of the accidental injury for which a harvester might claim, and assist in calculation of the real value of domestic harvests. As well, the standing committee on agencies, boards and commissions took special note of comments made during the public hearings by the NWT Chamber of Mines, to the effect that: "Hunters and trappers compensation is not related to the YMIR and therefore has no place in setting its level."

Mr. Antoine, just before proceeding with recommendation 22, I want the record to note that recommendation 21 was moved and carried. Proceed, Mr. Antoine.

Thank you, Mr. Chairman.

Motion To Accept Recommendation 22, Carried

The committee recommends, and I move that the legislative action paper include a consideration of a new process through which a workable definition of aboriginal persons "principally engaged in hunting, trapping or fishing for a livelihood" can be incorporated within the Workers' Compensation Act.

Thank you. The motion is in order. To the motion.

Question.

Question has been called. All those in favour? Opposed, if any? The motion is carried.

---Carried

Thank you, Mr. Speaker. The standing

committee considered the fact that aboriginal persons engaged in traditional artisanship are not eligible for compensation under the Workers' Compensation Act. Generally these are individuals who are self-employed and work within a home environment. Yet the risk of occupational disease arising from the inhalation of soapstone dust or work place accidents is not inconsequential.

Motion To Accept Recommendation 23, Carried

I move that this committee recommends that the legislative action paper include a consideration of programs which could be established under the authority of the Workers' Compensation Board and/or the Department of Culture and Communications regarding the compensation of aboriginal artists and carvers injured or disabled as a result of their work.

Your motion is in order. To the motion.

Question.

Question being called. All those in favour? Opposed, if any? The motion is carried.

--Carried

Mrs. Marie-Jewell

Third Party Liability

The committee heard a convincing presentation from the NWT Association of Municipalities with respect to provisions in the Workers' Compensation Act which allows an injured worker and in some cases the board itself, to recover costs from third parties other than the worker's employers.

The extent to which third parties were held liable in the NWT legislation is unique in Canada. There is considerable variation from one jurisdiction to the next with respect to third party liability. Arguably any third party provisions run contrary to the Meredith Principles which state that in return for guaranteed compensation, workers have no legal right to sue employers or co-workers for negligence resulting in work place injury. Differing opinions exist as to whether this suit bar should apply to all employers paying into the workers' compensation system or just the injured workers own employer. The NWTAM submission argue that the third party liability should be restricted.

A difficult problem is faced by NWT municipalities that deliver services through the use of contractors. The Workers' Compensation Act provides for the Workers' Compensation Board to recover from everyone but the employee's own employer. In circumstances where an injured worker was working for one of the municipality's contractors, the board could attempt to recover the cost of its compensation payout by suing the municipality.

The position of the NWT Association of Municipalities was that "employers contribute to the workers' compensation pool, and are therefore immune to claims."

The NWT Association of Municipalities provided some examples of the serious implications surrounding the application of third party liability provisions. Perhaps the most worrisome is with respect to liability for occupational disease or injury related to environmental contaminants. It is exceedingly difficult and costly for municipalities to obtain liability insurance for claims related to toxic discharges, see page and emissions. At public hearings the association provided the following scenario:

"So a garbage hauling contractor's worker who catches a disease from his duties at the dump receives workers' compensation benefits. And then he and the board can, under existing workers' compensation law, recover from the city. And in this case the city is on its own with no insurance coverage."

The Association of Municipalities pointed out that this risk area might significantly effect current directions toward municipal involvement in recycling and salvage programs. Also, since the local governments across the NWT share pooled liability insurance coverage, a harsh judgment against one municipality would likely affect liability insurance costs for all municipalities.

The committee took note of the fact that the NWTAM had on July 11, 1990, passed the following motion with respect to the Workers' Compensation Act:

"That the NWTAM lobby the GNWT to have the Workers' Compensation Act changed to alleviate any risk to municipalities under the Workers' Compensation Act as laid out in the special report by Falconar Insurance Associates Ltd., dated July 12, 1990."

The standing committee on agencies, boards and commissions deliberated seriously on this important matter, but was unable to come to a consensus. Clearly, there are no solutions available, and there was some general feeling that the prohibition against the right to sue ought to be expanded. The degree to which it would be more appropriate to do so is presently uncertain. The standing committee felt that additional public input on this matter, and a fuller understanding of the Workers' Compensation Board position, would be valuable in deriving a proposal for legislative change.

The standing committee is of the opinion that the matter needs to be addressed, and would like to see a full consideration of related issues and solutions proposed within the legislative action paper.

Motion To Accept Recommendation 24, Carried

Mr. Chairman, therefore I move that this committee recommends that the legislative action paper include a full consideration of third party liability provisions within the Workers' Compensation Act; and further, that the legislative action paper propose a range of suitable options which can then be the subject of further public discussion and review.

Thank you. The motion is in order. To the motion.

Question.

The question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Mr. Dent.

Lump Sum Payments

Thank you. The motion is in order. To the motion.

Question.

The question has been called. All those in favour? All those opposed? The motion is carried.

--- Carried

Mr. Antoine.

Safety Enforcement And Education

Thank you, Mr. Chairman. This last section deals with safety enforcement and education. The standing committee on agencies, boards and commissions received considerable input respecting the delivery of safety programming. The linkage between safety programs and workers' compensation is clear. Safer work places result in fewer accidents and few claims for compensation. The standing committee heard a wide range of submissions on whether the responsibility for work place safety enforcement and education should be undertaken by the Workers' Compensation Board. Presently, responsibility for inspection and enforcement lies with the Department of Safety and Public Services. Although the department and the Workers' Compensation Board are active in safety education programs, the standing committee takes a strong position on the matter of safety enforcement. At the present time, it should be regarded as a public service and should remain within the direct authority of the Government of the Northwest Territories.

The standing committee was concerned, however, about the number of references made to the inadequacy of current safety laws and inspections. The Federation of Labour's forceful submission on this subject paralleled the perception of many presenters, and I quote:

"Overall, the Territories' workplace laws are a national embarrassment. The government has created the most abysmal work place laws in the country, bar none, and lack of enforcement only makes the situation deteriorate further."

Motion To Accept Recommendation 26, Carried

Mr. Chairman, I move that this committee recommends that for the present time, responsibility for the enforcement of occupational health and safety standards should remain with the Department of Safety and Public Services; and further, that the Minister of Safety and Public Services examine concerns raised by witnesses at the public hearings with regard to safety enforcement and provide a response to the Legislative Assembly at the earliest possible time.

Thank you. The motion is in order. To the motion.

Question.

Question has been called. All those in favour? All those opposed? The motion is carried.

--- Carried

Mr. Antoine.

Responsibility for safety education is currently held by both the Department of Safety and Public Services and the Workers' Compensation Board. Generally this arrangement is not working badly at the present time, but the standing committee was uncertain as to the level of communication and co-ordination which takes place between departmental and board initiatives. The standing committee wishes to urge the Minister to take an active role in ensuring the co-ordination of safety education activities.

The standing committee on agencies, boards and commissions was intrigued as well by part of the submission received from the NWT Council for Disabled Persons. The council stressed that workplace education could be carried out by non-government organizations. The standing committee subsequently received information from the Federation of Labour outlining workplace education programs being carried out for cross-cultural awareness. The standing committee was also aware that local governments could be in a position to take on a role in the provision of safety education. There could be definite merits in bringing education and awareness initiatives closer to the people who benefit from them by funding social agencies, labour groups and local governments to run them.

Motion To Accept Recommendation 27, Carried

Mr. Chairman, I move that this committee recommends, that the Minister consider establishing a contribution fund from funds within the Workers' Compensation Board in order to support local training initiatives in the area of safety education.