Thank you, Mr. Chairman. Mr. Chairman, I move we defer clause 77.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
In the Legislative Assembly on June 21st, 1995. See this topic in context.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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The Chair Tony Whitford
Thank you, Mr. Dent. We have a motion on the floor to defer clause 77. The motion is in order. To the motion.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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An Hon. Member
Question.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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The Chair Tony Whitford
It has been pointed out that we don't have a quorum. Mr. Clerk, please ring the bells.
Thank you. The chair recognizes a quorum. There's a motion to defer clause 77. The motion is in order. To the motion.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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An Hon. Member
Question.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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The Chair Tony Whitford
Question has been called. All in favour, please signify. All those opposed, please indicate. The motion is carried.
---Carried
Clause 77 is deferred. Clause 78. The chair recognizes the Member for Inuvik.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Fred Koe Inuvik
Again clarification on clause 78 and the hierarchy of powers here. The superintendent is employed by the education division or education authority and, as such, would receive most of his direction from the education authority. But many clauses in this section also state --again, in these clauses, we have those phrases --"the directions of the Minister"? and "in accordance with the regulations." I just want to get it clear in my mind the hierarchy of powers, the superintendent reports and is paid by the education division. That's who his or her boss is. Directions from the Minister in this section, as the Minister has clearly indicated, are purely policy direction and financial when it comes to giving contributions and monies to the divisional boards. Is that the way this section fits?
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Richard Nerysoo Mackenzie Delta
Thank you, Mr. Chairman. So that I can be very clear about the matter of directions of the Minister again, in legal terms, directions of the Minister are policy directions. The other component that has to be considered in the responsibility of a superintendent is the Education Act and the regulations. That is the same situation for the bodies of authority that have been established.
There are directions from the Minister on education programming, there are curriculum standards that are set, and again, policy directions. The policy directions are varied. The inclusive schooling policy is an example, affirmative action is another. Those are components and are only a few of the many that we give. There are all other kinds of factors that have to be considered in this.
The definition, again, the legal definition or interpretation given to directions of the Minister is policy direction.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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The Chair Tony Whitford
Thank you, Mr. Minister. Clause 78. The chair recognizes the Member for North Slave. Mr. Zoe.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Henry Zoe North Slave
Just for further clarification. I understand that the superintendent who works for a division has to adhere to the policies, the regulations, et cetera, that come from the ministry and that he has to follow the Education Act and so forth, but technically it is the divisional authority, he basically works for. However, under part (2) of clause 78, it also says perform the duties assigned to the superintendent by the education bodies within the area.
So, say for instance, in my area, the divisional board is situated in community A. Now, if community B wants to assign something else to the superintendent to undertake on their behalf, then this section would allow him to do that; right? That's the only purpose for it being there from the way I read it. If it contravenes the act or the regulations, then you can't do it. I guess you would then advise community B that it goes against the act or whatever. It's just these other things that if the local DEA wants the superintendent to undertake on their behalf then that provision is there for them to request that from the...or he has to do it because it's stated in the act now that community B can undertake this assignment that's given to the superintendent.
That's how I read it. Is that correct? Thank you.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Richard Nerysoo Mackenzie Delta
Good interpretation and correct.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Jim Antoine Nahendeh
Thank you, Mr. Chairman. Clause 78, with regard to the superintendent of the education division, maybe the Minister could clarity for me who is this superintendent answerable to. is he answerable to the education body or the area and if so, which education body? Or is the superintendent answerable to the Minister? Thank you.
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Richard Nerysoo Mackenzie Delta
Thank you. Presently, I can advise the honourable Member that it's based on the division in the regions. Here in Yellowknife it's to the two districts. The districts in Yellowknife each have a superintendent.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Jim Antoine Nahendeh
Another question for clarification. Clause 78, with regard to the superintendent, is this clause different or similar to whatever is existing now? Thank you.
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Richard Nerysoo Mackenzie Delta
Thank you, Mr. Chairman. If I could ask Ms. Joyce to explain the changes of the role. Thank you.
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Joyce
Thank you, Mr. Chairman. This whole section is very different from the current act. The current act describes a regional superintendent, which no longer exists. A regional superintendent used to report to the department, to the deputy minister, and worked for the GNWT --very much a regional administrator.
What we have in this section is describing the overall duties of the superintendent to supervise the administration of education for the jurisdiction that the superintendent is responsible for. In addition, as Mr. Zoe described, the jurisdiction can describe additional duties, set priorities, make more specific directions that the superintendent then must follow.
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Jim Antoine Nahendeh
So the education district bodies are the people that hire the superintendents and give the superintendent direction. Is that correct? This is a question through you, Mr. Chairman, to the Minister.
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Richard Nerysoo Mackenzie Delta
Thank you. According to this act, yes. Of course there are some parameters but, again, I explained that policies, the act, the regulations, and standards, those kinds of things are generally set by the department.
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Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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Some Hon. Members
Agreed.
---Agreed
Committee Motion 85-12(7): To Defer Consideration Of Clause 77 Of Bill 25, Carried
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The Chair Tony Whitford
Thank you. Clause 79. The chair recognizes the Member for Yellowknife Frame Lake, Mr. Dent.