This is page numbers 793 - 819 of the Hansard for the 12th Assembly, 7th 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 services.

Topics

Member's Statement Re Government's In Action In Fulfilling Requirements Of Official Languages Act
Item 3: Members' Statements

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The Speaker Samuel Gargan

Thank you, Ms. Mike. Item 3, Members' statements. Mr. Lewis.

Source Of Authority Of Elected Officials
Item 3: Members' Statements

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Brian Lewis Yellowknife Centre

Thank you, Mr. Speaker. For many hundreds of years, Mr. Speaker, throughout Europe, Africa and Asia, leaders emerged who governed people and it was expected that they would govern wisely and that people would be happy under their rules.

The very reason for that was because it was a tradition that the leader got his power from the Creator. It was the divine right of this person to rule. Therefore, for hundreds and hundreds of years, we had rules that convinced millions of people throughout the world that they got their power from God. Therefore, they were completely invulnerable. You couldn't touch them. It happened with the emperor of Japan, the empress of China, leaders in Africa and the crowned kings of Europe. They and their public believed that they got their power from God.

One of the things that happened in the development of parliamentary democracy was that the people said no, you get your power from us. You don't get it from God. I would like Members to remember that as we debate in these dying months of our Assembly. Power comes from the people and not from God. In the four years that we sit in this House, we should be always mindful of that. In a representative parliamentary democracy, we are here to speak because we represent people and the real power is with the people. They should have certain powers which, over the next while, we'll have a chance to debate. Thank you, Mr. Speaker.

---Applause

Source Of Authority Of Elected Officials
Item 3: Members' Statements

Page 797

The Speaker Samuel Gargan

Item 3, Members' statements. Item 4, returns to oral questions. Ms. Cournoyea.

Further Return To Question 366-12(7): Legal Opinion On Contracting Summer Students
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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Nellie Cournoyea Nunakput

Thank you, Mr. Speaker. I have a return to an oral question asked of the Honourable John Pollard, chairman of the Financial Management Board, by Mr. Allooloo on March 30, 1995. It is regarding the legal opinion on contracting summer students.

Mr. Speaker, pursuant to its collective agreement with the Union of Northern Workers, the Government of the Northwest Territories is required to seek the views of the Union of Northern Workers before finalizing any plans to contract out work which would result in employees becoming redundant.

From a legal perspective, consulting with the union on contracting out is only one consideration related to employing summer students through outside agencies. Another matter of substance in this regard is whether the students would still be

deemed employees of the government, even if they were employed through a third party .

Notwithstanding the existence of a "contract for services," an independent contractor may be deemed to be an employee if an employer/employee relationship exists. If an individual is deemed to be an employee of the Government of the Northwest Territories, the provisions of the Public Service Act and the Union of Northern Workers Act would apply, and the government would have to pay wages agreed upon in the collective agreement.

There is no clear test that is used to determine if an individual is a contractor or an employee, although Revenue Canada provides guidelines and criteria to assist in this determination which are published in the government's financial administration manual and in the human resource manual. Contractors generally have control over how and when they do work, they use their own tools and equipment and they have an opportunity for profit or loss from the work. If summer students were hired to do government work in government premises, using government equipment, supervised by government employees, they would be deemed government employees.

There is also a principle of labour and employment law which provides that an employer may contract out work, if the contracts are made in good faith and for bona fide business purposes. If the government contracted work out solely to avoid the imposition of the terms of the collective agreement, this would clearly breach this principle. Thank you.

Further Return To Question 366-12(7): Legal Opinion On Contracting Summer Students
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker Samuel Gargan

Item 4, returns to oral questions. Mr. Kakfwi.

Further Return To Question 298-12(7): Status Of Maximum Secure Facility For Nwt
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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Stephen Kakfwi Sahtu

Mr. Speaker, I have two returns. One is a response to a question asked by Mr. Whitford on March 9th regarding the status of a maximum secure facility for the Northwest Territories.

The Joint Committee on Repatriation of Federal Offenders to the Northwest Territories has concluded that the most appropriate action is to consider the transfer of minimum security federal inmates, who can be safely held in existing territorial facilities. Discussions now ongoing with the federal government do not include the possibility of constructing a maximum secure facility in the north.

A number of federal inmates are presently in northern custody under an exchange of services agreement, signed in 1986 for a period of 10 years. There was a substantial capital contribution when that agreement was signed, that allowed the construction of an additional 20 beds for federal use in Yellowknife and in Hay River. The discussions now occurring are based on the renewal of that exchange of services agreement, and must be concluded by March 31, 1996 when the existing agreement expires. A new capital contribution will be part of the agreement if there is any increase in the number of federal inmates to be transferred.

The new agreement will last for three years, instead of 10. Renewal of the agreement will reoccur in 1999, at which time separate agreements can be made with the western Arctic and with Nunavut.

Further Return To Question 293-12(7): Acquiring Responsibility For Processing Security Clearances
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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Stephen Kakfwi Sahtu

Mr. Speaker, my second return is in response to a question asked by Mrs. Marie-Jewell on March 9th regarding the responsibility for processing security clearances.

Mrs. Marie-Jewell asked a question of whether or not it was possible to acquire the responsibility for doing security clearances for northern people in the Northwest Territories. Presently, a criminal record check is required for security clearance for individuals applying for positions such as, but not limited to: social worker, nurse, teacher or Department of Justice positions. This requirement is stated in the advertisement for each particular position.

The legal requirements of the Canadian police information system are such that it is not possible for the Department of Justice to acquire the responsibility for doing security clearances for northern people. Even if it were possible, it is reasonable to believe that the process would, in fact, be slower, resulting in unnecessary prejudice to those seeking employment with this government. Thank you.

Further Return To Question 293-12(7): Acquiring Responsibility For Processing Security Clearances
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker Samuel Gargan

Item 4, returns to oral questions. Mr. Todd.

Further Return To Question 363-12(7): Nwt Arts And Crafts At Cne
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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John Todd Keewatin Central

Thank you, Mr. Speaker. I have a return to an oral question asked by Ms. Mike on March 30th regarding possible NWT Development Corporation participation at the CNE.

to the supply of Arctic Foods and participation in the proposed daily fashion show.

There have been some initial discussions between NWT Development Corporation representatives and ITC concerning this proposal, and further meetings are tentatively scheduled later this month. Through these discussions, a range of options for participation will be explored. Each of the Development Corporation subsidiaries that are associated with Inuit arts, crafts, garment production, and Arctic Foods will be advised of the results of discussions with ITC representatives.

Participation will be contingent on the outcome of discussions with ITC representatives, consultations with the interested Development Corporation subsidiaries, and projections of costs and benefits. Thank you.

Further Return To Question 363-12(7): Nwt Arts And Crafts At Cne
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker Samuel Gargan

Thank you. Item 4, returns to oral questions. Item 5, recognition of visitors in the gallery. Mr. Ng.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

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Kelvin Ng Kitikmeot

Thank you, Mr. Speaker. I would like to recognize two of my constituents from Cambridge Bay in the gallery, Mr. Ken Wessell and Mr. David Avakana.

---Applause

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

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The Speaker Samuel Gargan

Item 5, recognition of visitors in the gallery. Item 6, oral questions. Ms. Mike.

Question 389-12(7): Translation Of Legislation Into Aboriginal Languages
Item 6: Oral Questions

April 4th, 1995

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Rebecca Mike Baffin Central

Thank you, Mr. Speaker. My question is for the Premier. For many years now, all acts passed by this Assembly have been published in both English and French but subsection 10(2) of the Official Languages Act also says that the Commissioner may prescribe that the translation of any act shall be made in one or more of the official languages. Can the Premier tell me if any acts have been translated into languages other than English and French?

Question 389-12(7): Translation Of Legislation Into Aboriginal Languages
Item 6: Oral Questions

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The Speaker Samuel Gargan

Thank you. Madam Speaker.

Return To Question 389-12(7): Translation Of Legislation Into Aboriginal Languages
Question 389-12(7): Translation Of Legislation Into Aboriginal Languages
Item 6: Oral Questions

Page 799

Nellie Cournoyea Nunakput

Mr. Speaker, I'm not aware that the Commissioner has advocated that any specific act or legislation be translated into anything but English or French. Thank you, Mr. Speaker.