Clause By Clause
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
In the Legislative Assembly on June 21st, 1995. See this topic in context.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
The Chair Tony Whitford
Thank you. Page 5, Part II, Vote 1, operations and maintenance, total operations and maintenance, as amended, $25,500,400.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
The Chair Tony Whitford
Thank you. Total supplementary appropriation in Parts I and II, as amended, $63,820,700.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
The Chair Tony Whitford
Thank you. Does the committee agree that Bill 34, Supplementary Appropriation Act, No. 1, 1995-96, is ready for third reading, as amended?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
The Chair Tony Whitford
Thank you. Bill 34 is now ready for third reading, as amended. Does the Minister have anything to add to this before we excuse you?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
The Chair Tony Whitford
When we left off the other day, we were dealing with clause 45, dealing with teachers, and that is where we will commence again today. Mr. Minister, before we begin, did we get the direction of the witnesses? No, we didn't. Could you introduce your witnesses to the committee?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Richard Nerysoo Mackenzie Delta
Yes, thank you, Mr. Chairman, if I might. With me at this moment is Ms. Carol Whitehouse. I will be joined in a few minutes by Mr. Hal Gerein and Ms. Gail Joyce, but we can proceed, Mr. Chairman.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
The Chair Tony Whitford
Welcome, Ms. Whitehouse, and when the others arrive, we will welcome them accordingly. Clause 45.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
June 21st, 1995
Page 1499
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1499
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Charles Dent Yellowknife Frame Lake
Thank you, Mr. Chairman. Just a quick question for clarification. I wonder it I could find out if it is possible in section 54(2), the term employer could be considered ambiguous and perhaps lead to problems? I guess the question I am asking is, is it easily determined whether or not the termination could be done by the CEO, or would it require a motion of the board? Could we perhaps just get some understanding of what is meant by this section?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
The Chair Tony Whitford
Thank you, Mr. Dent. We are on clause 53. Clarification is sought. Mr. Minister.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Richard Nerysoo Mackenzie Delta
Thank you, Mr. Chairman. If I could ask Ms. Whitehouse to clarity this particular matter, please?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Whitehouse
Thank you, Mr. Chairman. The word "employer" has been chosen carefully to coincide with the existing labour law, and the collective agreement would most likely define who the employer would be. Thank you, Mr. Chairman.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
The Chair Tony Whitford
Thank you, Ms. Whitehouse. Does that take care of the question, Mr. Dent? Thank you. Mr. Dent.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Charles Dent Yellowknife Frame Lake
Mr. Chairman, I believe you indicated that I was asking a question about clause 53. The question was actually about section 54(2).
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Jeannie Marie-Jewell Thebacha
Mr. Chairman, I had my hand up to address clause 53.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
The Chair Tony Whitford
Mrs. Marie-Jewell. I don't want to be too officious, but we were dealing with clause 54. However, it the committee agrees to go back to clause 53, we will. Does the committee agree?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Chairman. Clause 53 to basically clause 57 is all with respect to the ability to transfer teachers, the ability to discipline teachers, et cetera. With regard to clause 53(2), on termination notice, the clause indicates that it be given 60 days before the day set as the closing day of the school. So 60 days prior to the closing of a school, that termination notice has to be given.
There has been concern with respect to the board's ability to transfer within jurisdiction because of the time frame, and it appeared that 60 days did not seem to give reasonable time or reasonable notice. I am wondering whether or not I can get some comment on that.
I know from the perspective of the South Slave divisional board that this type of notice should be given a little bit more than what was initially proposed. I am just trying to go back to the initial proposal which was at least 60 days. It hasn't been amended in any way throughout this amended act. Is there a method that can address this, giving reasonable notice?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1500
Richard Nerysoo Mackenzie Delta
Thank you, Mr. Chairman. The matter that the honourable Member is dealing with regarding transfer is in section 61. This particular matter is a matter of termination of contract, so we have to give the appropriate notice in that particular case.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
The Chair Tony Whitford
Thank you. Clause 58, 59 and 60 were repealed by the Standing Committee on Legislation. Clause 61. The chair recognizes the Member for Thebacha.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Chairman. First of all, regarding clause 61, there is a concern with respect to the notice of transfer for a teacher to be at least 60 days before the school ends. It appears that the time frame does not give the boards adequate notice to advise teachers of transfers. It causes some problems, and I would like to ask the Minister his viewpoints on that.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Richard Nerysoo Mackenzie Delta
Thank you, Mr. Chairman. Could I ask the deputy minister to respond to the date?
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Jeannie Marie-Jewell Thebacha
He said the deputy minister.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Gerein
Thank you, Mr. Chairman. The purpose of this clause is to provide a standard by which adequate notice would be given to the employee of the employer's intent with respect to transfer, and 60 days is deemed to be a reasonable amount of time in order to prepare and make decisions about transfers. The teacher, as outlined in clause 2, has the option of resigning if they choose not to accept the transfer. Thank you, Mr. Chairman.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
The Chair Tony Whitford
Thank you, Mr. Gerein. Clause 61. Could we have some order. There are two or three meetings going on in here at the same time, and it is difficult for Members to concentrate on what's going on.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Some Hon. Members
Agreed.
---Agreed
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Chairman. There does seem to be some confusion going on and I apologize but I didn't quite hear fully the explanation Mr. Gerein gave the House. So, I would like to ask him if he would repeat his comments. Thank you.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
The Chair Tony Whitford
Thank you, Mrs. Marie-Jewell. Yes, Mr. Gerein, would you please give us that again.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Gerein
Thank you, Mr. Chairman. The amount of 60 days was agreed to be a reasonable amount of notice for the employer to advise the employee of the intent to transfer. What it does, also, is allow the teacher the option of resigning if they choose not to accept the transfer. Thank you.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Chairman. I just wanted to make the comment that it does seem to be difficult. At times, the boards feel it is a detriment to the ability to adjust staffing, particularly with this time frame. But, I'm sure if the act allows the boards to have as much authority as it appears to, they may be able to address this at a later time. Is that possible? Thank you.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501
Richard Nerysoo Mackenzie Delta
Yes, that's the case, with the exception that there has to be some consideration for the teachers, in terms of notices that are given. The intent was to make sure that both parties were cognizant of fair practice and this was one way of making sure that occurred. There may be an adjustment by the boards, but not necessarily downwards. Mutual agreement is the other way. Thank you.
Committee Report 11-12(7): Report On The Review Of Bill 25 -the Education ActBill 25: Education Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1501