This is page numbers 805 - 842 of the Hansard for the 12th Assembly, 2nd 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 board.

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Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

In 1990 the Workers' Compensation Board contracted a private firm to develop the format for a strategic plan. Since then the strategic plan has been completed internally as a yearly planning and program evaluation exercise. The standing committee on agencies, boards and commissions was given to understand that it has been the practice of the board to forward a copy of the annual strategic plan to the Minister.

Again the strategic planning process provides an excellent opportunity for the Minister and the Legislative Assembly to exercise an element of accountability over the directions the board wishes to take while still maintaining a critical arm's length relationship from the management of claims, assessments and other administrative responsibilities.

Motion To Accept Recommendation 11, Carried

Mr. Chairman, therefore I move that the standing committee on agencies, boards and commissions recommends that the Workers' Compensation Act be amended to include provisions for the Minister responsible for the Workers' Compensation Board to receive, approve and table the strategic plan of the Workers' Compensation Board on an annual basis; and further, that the legislative action paper outline legislation options for limiting the board's operational capacities until ministerial approval of the strategic plan has been obtained.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

I believe the motion is prefaced "I move that this committee recommends," with that change the motion is in order. To the motion.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

--- Carried

Mrs. Marie-Jewell.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, I would like to move that we extend sitting hours until we have completed the document under consideration.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

The motion is in order. To the motion.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

---Carried

Mrs. Marie-Jewell.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Of course the most effective and efficient way to ensure that the Workers' Compensation Board is held accountable for its actions is to establish a process through which appropriate levels of consultation occur before strategic planning and policy formulation take place. The standing committee noted however that during the public hearings submissions from several industry associations and labour organizations suggested that general involvement in the consultation process should be limited. A representative of the Northern Employers Council on Workers' Compensation even went so far as to suggest that the overriding principle should be, "If you pay, you play."

The committee is of the opinion that the Minister should not limit his consultive network and was quite concerned by his comment during the May 13th public hearing that: "I feel that primary contacts would be the NWT Chamber of Commerce, the Construction Association, the Chamber of Mines and, as well, organized labour. I feel that as long as it is made clear that I am simply considering representations, there is no reason why I should not keep my doors as open as possible."

With respect to the Minister, the committee is of the opinion that his lists of "primary contacts" for consulting on Workers' Compensation Board issues should be considerably broader. At the public hearings the submission received from the NWT Chamber of Mines emphasized the fact that: "it is strange that a majority of the business workers, mining workers, construction workers and transportation workers, in essence the majority of workers that create the wealth in the NWT are not part of organized labour and therefore are not represented on the Workers' Compensation Board."

The committee also found it relevant that the government's own Strength at Two Levels report, when dealing with the matter of government-created boards and agencies, comments that: "Northern government in the 1990s should strengthen the role of the elected representatives at the territorial and community levels. In order for elected and accountable officials to assume greater control over the real 'bread and butter' programs, the elected government structures must not be undermined."

While the standing committee on agencies, boards and commissions has made several recommendations which do not parallel all of the Strength at Two Levels philosophy, this is the one area in which there is agreement. There should be a role for Members of the Legislative Assembly to play when the Minister is consulting on matters related to the Workers' Compensation Board or other agencies created by territorial legislation. The Members of the Legislative Assembly should be listed among its primary contacts on workers' compensation issues.

Motion To Accept Recommendation 12, Carried

I move that the Minister develop and table a process for receiving input from employee and employer groups, as well as the Legislative Assembly, unorganized labour and injured workers with respect to board appointments, policy considerations and legislative initiatives.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

Thank you. The motion is in order.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

---Carried

Mrs. Marie-Jewell.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Finally, the standing committee on agencies, boards and commissions took note of the fact that several submissions received during the public hearings highlighted a need for a mandatory process of legislative review. Indeed, the standing committee was concerned to see that the current legislation has remained, to a large part, unchanged since the old ordinance was enacted in February 1977.

Since that time there have been nine amendments to the Workers' Compensation Act. Six of these have been simple increases to the years maximum insurance remuneration, amended in 1980, 1981, 1983, 1986 and 1988. The amendments in 1986 also adjusted the figure for average monthly remuneration. The remaining amendments have included: the inclusion of provisions for coverage of traditional hunters' and trappers' claims in 1987; a change in the size of the board, reducing the membership from 11 members to five members, and establishing the Minister, rather than the Commissioner, as the authority for making board appointments, in 1989; and the establishment of an appeals tribunal, in 1990.

The interim report tabled by the standing committee on agencies, boards and commissions refers to the fact that significant changes have taken place since 1977. These include new concepts of occupational injury and disease, new principles surrounding work place health and safety, and an evolving form of ministerial government within our political system. It is perhaps astonishing that, over several successive governments, no priority has been placed on a comprehensive revision of the act to ensure that it has kept pace with these developments.

The standing committee on agencies, boards and commissions is of the opinion that the regular review and amendment of this act is essential to ensure that the compensation of workers is in step with current factors in the northern workplace and new principles emerging in other jurisdictions.

Motion To Accept Recommendation 13, Carried

Therefore, Mr. Chairman, I move that this committee recommends that the legislation action paper include a review of options for statutory requirements which would establish a regular process of periodic review.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

--- Carried

Mr. Dent.

The Appeals Process

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. I am going to be presenting the section on the appeals process. During its review, the standing committee on agencies, boards and commissions considered several aspects of the appeals process presently in place under the act. Generally, the standing committee was of the opinion that the appeals process is sound and performing the purpose for which it was intended. Currently appeals are considered by a review committee appointed by the Workers' Compensation Board and then, if further appealed, by a ministerially-appointed appeals tribunal. Generally the standing committee on agencies, boards and commissions was of the opinion that the structural framework for the appeal of Workers' Compensation Board decisions is sound.

The standing committee was interested, however, in noting a potential area for enhancing the process through which claims adjudicators' decisions can be reconsidered. If a claim is denied, the former practice was that it would be referred to the manager of the section for re-examination of the decision. On November 30, 1990, this process was eliminated. This meant that the option available to the injured worker was then to initiate the first level of appeal and apply for the decision to be considered by the review committee.

The standing committee on agencies, boards and commissions felt that the process of managerial review would avoid channelling some disputed claims into the appeal process, which some may perceive as cumbersome, intimidating and adversarial. It was noted that the submission received from the workers' advisor included a recommendation that the procedure revert to its earlier format.

Motion To Accept Recommendation 14, Carried

Therefore, Mr. Chairman, the standing committee on agencies, boards and commissions recommends, and I move that this committee recommends, that the Workers' Compensation Board reinstate policy through which claimant files are reviewed by the manager of claim services prior to the appeal process.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 833

The Chair Richard Nerysoo

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

---Carried

Mr. Dent.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. With respect to the review committee, the standing committee on agencies, boards and commissions noted that under sections 24 and 64 of the Workers' Compensation Act, the board is allowed to appoint a review committee to form the first stage of appeals related to claims or assessments. A standing review committee is appointed in order to provide consistency and develop expertise in the application of the act and policy.

The standing committee on agencies, boards and commissions expressed some concern over the fact that appointments to this standing review committee are made by the board itself. The temptation to appoint outgoing board members in appreciation for their past service or to structure the review committee membership to achieve a certain type of outcome may never be realized, but could create an appearance of bias in the selection process.

Motion To Accept Recommendation 15, Carried

Therefore, the standing committee on agencies, boards and commissions recommends, and I move that this committee recommends, that the Minister review existing provisions in the Workers' Compensation Act with respect to board appointment of the review committee membership; and further, that the Minister include in the legislative action paper a consideration of advantages inherent in a ministerially appointed review committee.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

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

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 834

The Chair Richard Nerysoo

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

---Carried

Mr. Dent.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. The standing committee on agencies, boards and commissions spent some time considering the structure and function of the appeals tribunal established under part 1.1 of the Workers' Compensation Act. The standing committee recognized that the tribunal came into being on April 11, 1990, and in many ways is still establishing its niche within the workers' compensation infrastructure.

Because of that, a comprehensive evaluation of the process used by the appeals tribunal would have been somewhat premature. Members of the standing committee did note, however, that the number of appeals reaching the appeals tribunal during its first two years of operation has not been overwhelming. This may be due to a backlog at the review committee stage of the appeals process and the tribunal chairperson indicated during the public hearings that he would anticipate a larger number of appeals in the upcoming year. Should the number of appeals dealt with by the tribunal remain at its current level, the board and the Minister may wish to evaluate whether the current size and structure of the tribunal is necessary.

Although the standing committee on agencies, boards and commissions does not intend to recommend changes in the structure of the tribunal at the present time, Members did want to point out that some intriguing alternatives to the present format were raised during the public hearings. The Union of Northern Workers, for instance, recommended that the current composition of the appeals tribunal be revised to consist of one board member, one person chosen by the appellant and mutually agreeable chairperson. This format was suggested as an alternative to the existing structure of a standing appeals tribunal.

Further, the standing committee received a recommendation from the NWT Council for Disabled Persons that a more independent appeals process should be developed. Similarly, the injured, disabled and discarded workers group recommended consideration of a process through which an additional appeal could be made to cabinet, and referenced Alberta legislation as an example.

The standing committee considered the notion of an independent review process. Members felt that the current legislative action paper on access to government under review by the standing committee on legislation, may provide a potential for further discussion of this issue, in as much as it proposes the establishment of an ombudsman or access to government commissioner for the people of the Northwest Territories. Questions may be raised during future discussions about whether the final stage of appeal should lie with an ombudsman, or with cabinet upon the recommendation of an ombudsman, or within the existing infrastructure provided by the Workers' Compensation Act. At the present time, however, it is beyond the standing committee's current process to bring forward a recommendation.

That concludes my presentation, Mr. Chairman.