This is page numbers 1557 - 1585 of the Hansard for the 13th Assembly, 4th 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 chairman.

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Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 14th, 1997

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. I am pleased to present Bill 15, An Act to Amend the Workers' Compensation Act. The bill proposes to increase the years maximum insurable remuneration known as the YMIR from $49,000 to $52,000 effective January 1, 1998. This amount would apply for both benefit and assumed purposes. This year's maximum insurable remuneration is a fundamental element of workers' compensation. It is used to determine benefits payable to an injured worker, as well as amount of payroll for which an employer will be assessed in a year. The YMIR is currently set at $49,000.

When a worker becomes entitled to workers' compensation in the Northwest Territories, he or she is paid 90 percent of net earnings for as long as the disability continues. If a worker's net earnings exceed the YMIR, this calculation is based on the $49,000. Employers, meanwhile, are assessed according to their payroll. When a worker receives a salary greater than YMIR, the employer is only assessed on the payroll up to $49,000.

The YMIR was last amended by this House in 1996. With the proposed change, the Northwest Territories will have the fourth highest YMIR in Canada. Although Mr. Todd is proposing an increase to the YMIR, many employers will still pay less for compensation coverage in 1998. Effective January 1, 1998, the average assessment rate will drop by 12 percent from $2.12 to $1.87 per $100 of assessable payroll. As a result of this decrease, the Northwest Territories' rate is projected to be the fourth lowest in Canada.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Morin. I recognize Mr. Erasmus, Chairman of the Government Operations Committee for comments of the committee on the bill.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Thank you, Mr. Chairman. Mr Henry will be doing a report on our behalf. Thank you.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Erasmus. Mr. Henry.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Seamus Henry Yellowknife South

Thank you, Mr. Chairman. Mr. Chairman, the comment on Bill 15, in the committee of the whole. Thank you, Mr. Chairman. I wish to report that the Standing Committee on Government Operations has completed its review of Bill 15, an Act to Amend the Workers' Compensation Act on June 4, 1997. The year's maximum insurable remuneration known as YMIR is used to determine benefits payable to an injured worker, as well as the amount of payroll for which an employer will be assessed in the year.

The YMIR is an important component of workers' compensation. The Workers' Compensation Act states that the board must review YMIR every year. The YMIR was last amended by the House in 1966. This bill proposed an increase that YMIR from its present level of $49,000 to $52,000 effective January 1, 1998. This amount would apply for both benefits and assessment purposes.

The Union of Northern Workers noted in their presentation to the committee that the proposed rate of $52,000 is relatively low by national standards and that a figure of $58,000 is more realistic as the cost of living in the Northwest Territories is higher than in most regions. The committee agreed with the proposed act to amend the Workers' Compensation Act to increase the YMIR to $52,000. Members of the committee would like to mention that at this time, there should be better communication between the Workers' Compensation Board and the stakeholders. The committee received many concerns from stakeholders regarding the pre-amendment consultation process. Stakeholders were notified by letter. Unfortunately some stakeholders could not properly notify their members as they did not receive the letter until the day before their hearing.

The committee is also concerned with the effects of division on the Workers' Compensation Board especially the contact and consultation process between the board and the people it represents. Thank you Mr. Chairman.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Henry. I would now like to offer Mr. Morin, the opportunity to bring in witnesses.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. I would like to, but I do not know who they are yet.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Does the committee agree that the Minister may bring in the witnesses. Agreed? Thank you. I would like to ask the Sergeant-at-Arms to seat the witnesses. Mr. Morin, could you introduce your witness to the committee.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. Gerry Meier is the president of the WCB. Thank you.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you. Welcome to the committee. General comments on the bill by Members. Mr. Picco.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Edward Picco Iqaluit

Thank you, Mr. Chairman. Mr. Chairman, just a general comment on the bill and the note of the increase in the YMIR from $49,000 in 1996 to $52,000 this year. An increase of $3,000, however, in previous years the YMIR did not keep up with the inflationary factors. I have a concern with that and at the appropriate time I will be asking some questions to the Premier and his witness on the YMIR and the reflection in the CPI. Thank you, Mr. Chairman.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. General comments. Are there any further general comments on the bill? Mr. Picco, you have questions for the Minister?

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Edward Picco Iqaluit

Thank you. My question is for the Premier. I wonder if the Premier could explain if the YMIR reflects the CPI or other inflationary factors. Thank you, Mr. Chairman.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Mr. Morin.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Don Morin Tu Nedhe

Thank you, Mr. Chairman, I will have Mr. Meier answer that question.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Mr. Meier.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Meier

Mr. Chairman, the CPI is only one of a number of factors that the Board of Director's considers in making its recommendation to the Minister. In fact, the first and foremost consideration is to position the YMIR in a range of 70 to 80 percent of the full income of the average wage earner in the Northwest Territories. There are other considerations, one of which is the employers ability to pay, as well as the cost of living, and the board has purposely not tied itself to indexation of any kind, including the CPI.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Meier. Mr. Picco.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Edward Picco Iqaluit

Thank you. That sounds good, but in reality what percent of the sum of the total increase is actually based on the CPI or other inflationary factors? It sounds good to be able to say that you base it on the ability of the employer to pay, but the ability of the employer to pay is not keeping up with the cost of living, then it is all for naught. I wonder what percentage of the increase, in this case a $3,000 increase from 1996, is the actual increase based on the percentage of the CPI or the Consumer Price Index?

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Mr. Morin.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Don Morin Tu Nedhe

Thank you. I will call up my other witness, Mr. Todd, to answer that question.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Morin. Could I ask the Premier to introduce his witness.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

My apologies for being late, Mr. Chairman, I was busy attending to some deputy minister matters that required my urgent attention. Could my honourable, enlightened colleague from Iqaluit repeat the question please?

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Vince Steen

Thank you, Mr. Todd. Mr. Picco, could you repeat your question please.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Edward Picco Iqaluit

Thank you, Mr. Chair. Mr. Chairman, I was trying to ascertain from the Minister, or the Premier, or whoever is sitting in that seat today, basically, how is the CPI or other factors, what part do they play in the actual YMIR increase. So we note that the increase from 1996 is $49,000 to $52,000 and the president of the WCB has indicated that indeed CPI does play a factor, but it also is one factor in many. I am asking what the Consumer Price Index, the inflationary factors, what part of that $3,000 increase would he consider to be the amount?