This is page numbers 100 - 127 of the Hansard for the 13th 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 public.

Topics

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 122

Seamus Henry Yellowknife South

Thank you, Mr. Chairman. Many of my constituents have raised concerns to me over the proposed changes regarding the Public Service Act. I feel confident that this government has responded to many of the concerns raised by the elected leaders of the NWTTA and the Union of Northern Workers. I have the confidence that both parties can reach an agreement with the employer at the bargaining table as they have in the past.

As a government, we have to take the responsibility and be seen by all residents of the Northwest Territories to be fair and, more important, to be financial responsible as to our employees. That is why I'm optimistic that a negotiated settlement can be reached in all cases. This legislation represents a change and change is difficult but not impossible.

We have to conduct this government in a new way. We do not have the financial resources available today that we once had. If we are to continue in the present mode of spending, we would be bankrupt in short order. We have to get this government back to being run like a home by not spending more than we bring in. The past government has been like a child with a credit card; we have to take away that credit card, we have to live within our means.

Mr. Chairman, I would like to finish with a comment that I'm sure we're all familiar with and it goes like, "You're damned if you do and damned if you don't." I have been one of many on occasion, to criticize government for not taking action, for continually meeting and prolonging the process and yet, I hear criticism of the government when they do take action. Thank you, Mr. Chairman.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 122

The Chair John Ningark

Thank you. Any further general comments to Bill 2, An Act to Amend the Public Service Act? Mr. O'Brien.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 122

Kevin O'Brien Kivallivik

Thank you, Mr. Chairman. Mr. Chairman, I'm not overly pleased with the rapid speed of this process but I'd have to say, in general, that I do support the bill, the amendment, although I'm not totally pleased or happy with it. Mr. Chairman, this amendment will affect my family, friends, and many of my constituents. I have said on many occasions that my real concern is the unemployed, the less fortunate,

and, of course, our elders. Mr. Chairman, the riding of Arviat and Baker Lake, which I represent, is approximately 65 per cent unemployed. I would be very concerned if the monies that we were looking for had to come out of the social programs that would directly affect these individuals. Having said that, Mr. Chairman, it shouldn't be too difficult to understand why I would have to support this amendment. Thank you.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

Thank you. General comments. Mr. Roland.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Floyd Roland

Floyd Roland Inuvik

Thank you, Mr. Chairman. I, too, had concern with the bill during second reading and I voted accordingly. However, after this process, I believe we've gone through the process as required and listened to all parties and their opinions. I go back to when I was running for election to this position; I had many people ask me why I was doing it because they could see that there would be many things coming up that wouldn't be, as a government, good things to do. Changes had to be made, they said. The way the government operated wasn't good. I, too, think of the people who don't have a common voice, as well as those that do. I've tabled petitions here and many of the names of those petitions I know personally as friends. However, I know those friends have employment and they will continue to have employment if this is worked out. But I don't know about those who are unemployed. I don't know about the elders who won't get their housing or their elders' homes.

We've heard a lot around the table here and I believe, as well, that the concessions made are enough to make this a workable agreement. I think that we all have to face the reality of what's coming upon us. Each and every one of us in the Territories will know the results as the budget comes down. I think that as this goes by and time goes on, we'll see that we've made the right decisions. It won't be perfect and we won't make everybody happy but we'll have done the thing that was required of us to try to make this a better place for everyone. As I've heard throughout the talks in the committees as well as during the campaign, people realized that there had to be cuts and that they were willing to take cuts to have employment. Hearing all the parties involved say that they want to reach a negotiated settlement, I'm very happy to hear that.

One of the things I said earlier in my statement was a voice of those who couldn't gather together and didn't have the power of numbers. They don't have the ability -- the have-nots, I guess we can say -- to go to the government to make a stand. They don't have the equipment at their hands that they can circulate information that puts everybody against the wall. As I said, I represent everybody equally in my community and I've tabled the petitions that came my way. Today when I vote, I believe I'll be voting for those that don't have a collective voice. Thank you, Mr. Chairman.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

Thank you, Mr. Roland. Any further general comments on Bill 2? Are we ready for clause by clause? Do we agree?

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Some Hon. Members

Agreed.

---Agreed

Clause By Clause

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

Bill 2, An Act to Amend the Public Service Act. Clause 1 of Bill 2. Do I hear agreed?

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Some Hon. Members

Agreed.

---Agreed

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

Thank you, Members. If you have any questions, please signify and we'll allow you to ask questions on specific clauses of Bill 2. Clause 2. Agreed?

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Some Hon. Members

Agreed.

---Agreed

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

Clause 3.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Some Hon. Members

Agreed.

---Agreed

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

Clause 4 of Bill 2. Ms. Groenewegen.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Chairman. I can make some remarks with respect to a motion, I do the remarks and the motion. These are remarks to the specific clause, Mr. Chairman. The first motion to amend clause 4, paragraph 3, as I'm just making general comments to the motion first.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

The Chair John Ningark

You can make comments to clause 4. Proceed with your comments.

Bill 2: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

February 20th, 1996

Page 123

Jane Groenewegen

Jane Groenewegen Hay River

Subsection 41(1.7)(d) to (j) tightens up the exclusion clause to ensure that only those employees who provide certain services on a regular basis are excluded from the bargaining unit. The amendment also adds the word "and" instead of "or" to subparagraph (g), dealing with assessing performance and imposing discipline which means that the employee will have to perform both functions rather in addition to assigning work in order to be excluded. This motion also deletes the clause and allows the Minister to exclude any other position that is inappropriate for inclusion in the bargaining unit.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 123

Jane Groenewegen

Jane Groenewegen Hay River

Mr. Chairman, I move that clause 4(3) of Bill 2 be amended by

(a) deleting proposed paragraphs 41(1.7)(d) to (j) and by substituting the following:

(d) as a legal officer or in a position that provides translation services to a legal officer on a regular basis;

(e) in a position with duties and responsibilities that include providing advice and assistance, on a regular basis, respecting the terms and conditions of employment, including collective bargaining; (f) in a position with duties and responsibilities that include carrying out the following on a regular basis:

(i) staffing:

(ii) interpreting employment contracts,

(iii) resolving workplace disputes,

(iv) responding to grievances, or

(v) providing advice in respect of the matters referred to in subparagraphs (i) to(iv).

(g) in a position with management responsibility that includes directly assigning work to, assessing the performance of and imposing discipline on other employees;

(h) a dentist or a medical practitioner; or

(i) in a position that provides administrative or secretarial support directly

(i) to a person referred to in paragraphs (a), (c) or (d), or

(ii) to a person referred to in paragraphs (b), (e), (f) or (g) in respect of the duties and responsibilities referred to in those paragraphs.

(b) deleting proposed paragraphs 41(1.8)(c) to (i) and by substituting the following:

(c) as a legal officer or in a position that provides translation services to a legal officer on a regular basis;

(d) in a position with duties and responsibilities that include providing advice and assistance, on a regular basis, respecting the terms and conditions of employment, including collective bargaining;

(e) in a position with duties and responsibilites that include carrying out the following on a regular basis:

(i) staffing,

(ii) interpreting employment contracts,

(iii) resolving workplace disputes,

(iv) responding to grievances,

(v) providing advice in respect of the matters referred to in subparagraphs (i) to (iv);

(f) in a position with management responsibility that includes directly assigning work to, assessing the performance of and imposing discipline on other employees; or

(g) in a position that provides administrative or secretarial support directly

(i) to a person referred to in paragraph (a), (b) or (c), or

(ii) to a person referred to in paragraphs (d), (e), or (f) in respect of the duties and responsibilities referred to in those paragraphs.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 124

The Chair John Ningark

Thank you, Mrs. Groenewegen. The motion is in order. To the motion.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 124

Some Hon. Members

Question.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 124

The Chair John Ningark

Question is being called. All those in favour of the motion? All those opposed? The motion is carried.

---Carried.

Clause 4, as amended.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 124

Some Hon. Members

Agreed.

---Agreed

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 5 of Bill 2. Mr. Miltenberger.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 124

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. I would like to propose a motion to this clause. The motion I am going to be proposing amends proposed 41.02(1) so as to add "reasonably" to the definition of "emergency services." It also amends the definition of "essential service," so as to ensure that only those services that are necessary to enusre the continuation of minimal service are essential.

The motion also changes the wording in the clause on services to prevent danger to life, health or safety by deleting the word "life." Arguably, the word "life" does not add anything to the clause. All concerns are covered.

The amendment adds the services provided by the most senior employee at a power plant to the definition of "essential" which correlates with a later amendment removing them from the definition of "excluded employees."

Finally, this motion adds a new paragraph to the process surrounding making of the essential services agreement, so as to require the parties to reach an agreement on the protocol to deal with unanticipated emergency situations.

That clause 5(1) of Bill 2 be amended by

(a) deleting proposed subsection 41.02(1) and by substituting the following:

41.02...

(i) (h) or (c), or (ii) (e), or (f) in respect of the duties and pas. I move that clause 5(I) of Bill 2 be amended by responsibilities referred to in those paragraphs.

Committee Motion 1-13(2): To Amend Clause 4 Of Bill 2, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 124

The Chair John Ningark

Mr. Miltenberger. At the beginning of your motion, you have to say "I move." Thank you.