Thank you, Madam Speaker. Madam Speaker, we have to realize that there are many circumstances that have changed. Technology has changed. It allows us the decision of more grades in the communities. There is the use of language, culture and heritage programming in our schools. Early childhood development was really never part of any educational programming in the north, other than kindergarten. We have seen a need for us to change our child care programming. We have also needed to recognize that despite some of the criticisms, there is a great increase in comparison to what has occurred previously, in the number of students in high school programming; we now have more people in school.

We also have to deal with adult programming. Again, how do we do it. We also have to deal with bridging learning and work; creating community learning and those are elements that are important in addressing programming for the future.

Supplementary, Mr. Lewis.

There are all those issues, Madam Speaker. Increasing grades in communities; programming in schools; improved technology, et cetera. That has nothing at all to do with legislation. It is to do with policy and what you want to do as a government. What was there in the act that prevented all these things from happening before? I see that as a matter of policy, not as a matter of legislation.

Minister of Education, Culture and Employment, Mr. Nerysoo.

Thank you. Maybe then, we haven't really seen the problems with the legislation because there are changes that have occurred on an ad hoc basis . We have amended the legislation to a point where sections in the legislation contradict one another. What we are trying to do is improve that situation, and also improve the ability of divisional boards and CECs to assume responsibility for educational programming as has been the case in Yellowknife for many years.

The way the Education Act reads right now, there is only one section -- and Mr. Koe pointed out that students are important -- that deals with students in the old Education Act. It is our view that we should outline clearly the rights and responsibilities at the front of the Education Act, not at the middle and not at the end, where it is right now. Other issues are the rights and responsibilities of parents and another is more authority being given to the communities. Those are issues that need to be addressed and require changes.

And, as I have said, there are sections that are contradictory at this particular juncture.

Thank you. Final supplementary, Mr. Lewis.

Okay, I will take my pick out of three or four. Madam Speaker, since the Minister has raised the issue of all the contradictions in the act, can he give me one example of a contradiction. Then I will be happy and I will sit down.

Minister of Education, Culture and Employment, Mr. Nerysoo.

That's very simple, Madam Speaker. Nothing in the act allows the community, where there is only a band council, to assume the responsibility for educational authority. Rather, we have to create the situation of having a CEC. That is contradictory in that the bands, in some cases, want to assume the responsibility for education and right now, under our legislation, it doesn't allow us to do that.

Thank you. Item 6, oral questions. The honourable Member for Deh Cho, Mr. Gargan.

Thank you, Madam Speaker. Madam Speaker, yesterday the Legislature passed Bill 16, An Act to Amend the Legislative Assembly and Executive Council Act to change the name of Government Leader to Premier. I would like to ask whether or not there are any legal implications with the definition remaining the same in the aboriginal languages, or has that been addressed by the government, since, legally, the Official Languages Act is still a recognized document in this Assembly.

I would presume a definition would have to be quite clear when it is translated, too, by our translators. Has that been addressed at all, since the definition in the aboriginal languages will still remain Government Leader?

Minister of Justice, Mr. Kakfwi. He didn't indicate who the question was for, but he did indicate that he wanted to know whether there has been a legal definition. And legal interpretation is under the responsibility of the Minister of Justice.

Mr. Gargan, could I ask you to rephrase your question? Mr. Gargan.

The chair is having a problem with your question, Mr. Gargan. I recognize what you are attempting to seek out, that is to determine whether or not there are any legal implications of the name change. We can't ask for legal opinion of a Minister, but I interpret that your question is more directed at whether there have been changes to the Official Languages Act. I am of the thinking that it may come under Official Languages, which would be, I believe, under the Premier.

Madam Premier.

Madam Speaker, I will take that question as notice.

Thank you. Time period for oral questions has lapsed. Item 7, written questions. Item 8, returns to written questions. Mr. Clerk.

Madam Speaker, I have a return to Written Question 14-12(6) asked by Mr. Ng to the Minister of Justice concerning policies, statutes and regulations as they may apply to by-law officers.

1. What NWT statutes, regulations or policies are by-law officers authorized to enforce?

By-law officers are authorized to enforce the by-laws of the municipal governments which appoint them.

By-law officers are also an "officer" as defined in the Motor Vehicles Act and the All-terrain Vehicles Act and as such, have the power to enforce the relevant sections or regulations under those acts.

By-law officers may also enforce the Curfew Act, and may be called upon to assist election officials under the Local Authorities Elections Act.

Policies, by definition, are not enforceable as laws, and by-law officers have no authority with respect to policies.

2. What legal protection over and above that of an ordinary citizen is afforded by-law officers in NWT municipalities under:

(a) the Criminal Code; and,

(b) any NWT statutes, regulations or policies?

By-law officers have no legal protection over and above that of an ordinary citizen under the Criminal Code. By-law officers are not "peace officers" for the purposes of the Criminal Code.

By-law officers have certain powers under municipal by-laws and the above-referenced legislation which are not given to ordinary citizens, and as such are legally protected from civil or criminal action respecting the lawful execution of those powers. Section 321 of the Motor Vehicles Act expressly provides that "officers" are not liable for any loss or damage caused by anything done or not done by them in good faith in the performance of their duties or in the exercise of their powers.

By-law officers are insured against liability in the conduct of municipal duties under the insurance that the NWT Association of Municipalities maintains for its municipal corporation members. The Member can contact this association for specifics of the insurance coverage.

I have a return to Written Question 23-12(6), asked by Mr. Dent to the Minister of Health and Social Services concerning community public health nurses.

1. The number of public health nurse positions in each community and the population they serve in those communities are as follows:

-In the Fort Smith area, the department has two public health nurse positions. These two positions serve approximately 2,480 people.

- Three positions serve approximately 3,471 people in the Hay River, Enterprise and Hay River Reserve area.

- Two positions serve approximately 1,142 people in the Fort Simpson area.

- Three positions serve approximately 3,206 people in the Inuvik area.

- The Iqaluit area has three public health nurse positions. These nurses serve approximately 3,552 people.

- The Yellowknife and Dettah area is served by six public health nurse positions. These positions serve approximately 15,329 people.

2. There has been no change in the overall number of community health nurse and public health nurse positions since the transfer of health from the federal government.

Although some positions have been relocated, the total number of community and public health nurse positions remains at 180.

I have a return to Written Question 26-12(6), asked by Mr. Patterson to the Minister of Transportation concerning the responsibilities for medium-sized vessels in ocean waters of the Northwest Territories.

On Monday, October 31, 1994, the Member for Iqaluit submitted a written question to the Minister of Transportation inquiring about the jurisdictional responsibility for vessels of the type involved in the recent tragedy in Iqaluit.

Under the authority of the Canada Shipping Act, the federal Minister of Transport is responsible for vessels in Canadian navigable waters. So far as vessel safety in the Northwest Territories is concerned, the Canadian Coast Guard - Ship Safety Northern administers the act and its regulations.

As of this writing, the details of the vessel involved in the Frobisher Bay accident are not known. If the vessel was larger than 15 gross registered tons and used in a commercial fishing operation or carried passengers or goods for hire, reward or any form of remuneration, it would be subject to inspection and certification by the Canadian Coast Guard - Ship Safety Northern once every four years.

It is likely that the Iqaluit hunters were engaged in subsistence harvesting, in which case, regardless of the size of the vessel, it would fall under the small vessel regulations pursuant to the Canada Shipping Act. The small vessel regulations are directed at pleasure and recreational vessels and require only that such vessels carry minimal basic safety equipment: life-preservers, paddle, bailing bucket, 20 metres of line and anchor, et cetera.

The regulations may be enforced by a "peace officer" which means a member of the Royal Canadian Mounted Police, harbour or river police, provincial, county or municipal police or anyone the Minister may so appoint. In practice, the small vessel regulations for pleasure and recreational vessels are, at best, erratically and inconsistently enforced in Canada. Due to the number of deaths in the Iqaluit accident, a Mr. Pierre Murray of the Canadian Transportation Accident Investigation Safety Board (CTAISB) is in Iqaluit to investigate the accident and determine its cause.

Thank you. Item 9, replies to opening address. Item 10, petitions. Item 11, reports of standing and special committees. Item 12, reports of committees on the review of bills. Item 13, tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters: Tabled Document 14-12(6), "Open for Business" - Privatizing the Northwest Territories Power Corporation; Tabled Document 23-12(6), Report of the 1993-94 Electoral District Boundaries Commission Northwest Territories; Tabled Document 36-12(6), "Action Plan - Consolidation - Health and Social Services;" Minister's Statement 11-12(6), Return to Session; Committee Report 10-12(6), Report on the Review of the 1995-96 Capital Estimates; Committee Report 11-12(6), Report on the First Annual Report (1992-93) of the Languages Commissioner of the NWT; Committee Report 13-12(6), Report on the Elimination of the Alcohol and Drug Board of Management; Committee Report 15-12(6), Report on the Northwest Territories Arts Council; Bill 1, Appropriation Act, No. 1, 1995-96; Bill 2, Aboriginal Custom Adoption Recognition Act; Bill 8, An Act to Amend the Public Utilities Act; Bill 13, An Act to Amend the Motor Vehicles Act; Bill 14, An Act to Repeal the Public Service Vehicles Act; and, Bill 18, Supplementary Appropriation Act, No. 4, 1993-94, with Mr. Whitford in the chair.

Agreed.

---Agreed