Thank you. Tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Motion 16-13(6), Extended Adjournment. Mr. Todd.

Thank you, Mr. Speaker.

I MOVE, seconded by the honourable Member for Yellowknife Centre that notwithstanding Rule 4, that when this House adjourns on Friday, November 13, 1998, it shall be adjourned until Wednesday, December 2, 1998.

AND FURTHER, that any time prior to December 2, 1998, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time. Thank you.

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Motions. Item 17, first reading of bills. Item 18, second reading of bills. Mr. Arlooktoo.

Mr. Speaker, I move, seconded by the honourable Member for Keewatin Central, that Bill 14, Nunavut Judicial System Implementation Act, be read for the second time. Mr. Speaker, this bill enacts a Judicature Act for Nunavut in place of the existing Northwest Territories Judicature Act and Territorial Court Act. The new act deals with the composition, powers and officers of the Nunavut Court of Justice and the Court of Appeal of Nunavut and designates youth courts for Nunavut. Rules of law applicable to Nunavut are established, as are procedural rules governing appeals from statutory tribunals to the Nunavut Court of Justice.

This bill also enacts a new Justices of the Peace Act, for Nunavut in place of the existing Northwest Territories Justices of the Peace Act, and makes consequential amendments to other statutes. Thank you, Mr. Speaker.

Thank you. The motion is in order. To the principle of the bill. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 14 has had second reading and accordingly the bill stands referred to a committee. Second reading of bills. Mr. Arlooktoo.

Bill 15, Nunavut Statutes Amendment Act

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Natilikmiot, that Bill 15, Nunavut Statutes Amendment Act, be read for the second time. Mr. Speaker, this bill adjusts the laws of Nunavut by amending eight statutes that will be duplicated for Nunavut by the Nunavut Act. All amendments come into force on April 1, 1999.

The Nunavut Legislative Assembly and Executive Council Act is amended to:

- make adjustments so that the act conforms with requirements of the Nunavut Act and orders made under that act with respect to the maximum duration of a Legislative Assembly and the place of the seat of government of Nunavut;

- substitute appropriate references for terms that relate to the Northwest Territories rather than Nunavut;

- update references to the amounts of the indemnities, allowances, expenses and deductions that pertain to Members of the Legislative Assembly of Nunavut;

- replace the descriptions of electoral district boundaries to substitute those boundaries that will be applicable to the first Legislative Assembly of Nunavut; and,

- make minor adjustments to several provisions of the act.

The Nunavut Liquor Act is amended to eliminate the requirement that the executive secretary to the Liquor Licensing Board be a member of the public service.

The Nunavut Petroleum Products Tax Act is amended to provide that the periodic sampling used to determine a median price of gasoline for the purposes of setting the taxable price per litre of gasoline will be done in a prescribed place rather than in Yellowknife.

The Nunavut Tobacco Tax Act is amended to provide that the periodic sampling used to determine a median price of a cigarette or a gram of tobacco for the purposes of setting the taxable price will be done in a prescribed place rather than in Yellowknife.

The Nunavut Property Assessment and Taxation Act is amended to delete references to railways, Indian reserves and Inuvialuit lands that have no application in Nunavut.

The Nunavut Western Canada Lottery Corporation Act is amended to provide the term "licence holder" in the Western Canada Lottery Regulations means Sport North, a society incorporated under the Northwest Territories Societies Act.

The Nunavut Department of Justice Act is amended to ensure that the Department of Justice of the Government of Nunavut is properly established.

The Nunavut Interpretation Act is amended to provide a definition of "territory". Thank you, Mr. Speaker.

Thank you. The motion is in order. To the principle of the bill. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 15 has had second reading and accordingly the bill stands referred to a committee. Second reading of bills. Mr. Arlooktoo.

Bill 16, Nunavut Statutes Replacement Act

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Keewatin Central, that Bill 16, Nunavut Statutes Replacement Act, be read for the second time. Mr. Speaker, this bill adjusts the laws of Nunavut by replacing five statutes that presently establish professional associations and provide for the regulation of the members of those associations. Each of the replacement statutes come into force on April 1, 1999.

The present Certified General Accountants' Association Act is repealed and replaced for Nunavut by the Certified General Accountants' Act. The replacement act:

- authorizes the Certified General Accountants' Association of the Northwest Territories to exercise regulatory powers and functions in Nunavut;

- protects certain designations and acronyms associated with certified general accountants and makes it an offence to improperly use those designations and acronyms; and,

- provides that the assets and liabilities of the Certified General Accountants' Association of the Northwest Territories will be divided in the circumstances and in accordance with the process set out in the Certified General Accountants' Association Act (Northwest Territories).

The present Institute of Chartered Accountants Act is repealed and replaced for Nunavut by the Chartered Accountants' Act. The replacement act: - authorizes the Institute of Chartered Accountants of the Northwest Territories to exercise regulatory powers and functions in Nunavut;

- protects certain designations and acronyms associated with chartered accountants and makes it an offence to improperly use those designations and acronyms; and,

- provides that the assets and liabilities of the Institute of Chartered Accountants of the Northwest Territories will be divided in the circumstances and in accordance with the process set out in the Institute of Chartered Accountants Act (Northwest Territories).

The present Society of Management Accountants Act is repealed and replaced for Nunavut by the Management Accountants Act. The replacement act:

- authorizes the Society of Management Accountants of the Northwest Territories to exercise regulatory powers and functions in Nunavut;

- protects the designation "Certified Management Accountant" and acronym "CMA" associated with certified management accountants and makes it an offence to improperly use that designation and acronym; and,

- provides that the assets and liabilities of the Society of Management Accountants of the Northwest Territories will be divided in the circumstances and in accordance with the process set out in the Society of Management Accountants Act (Northwest Territories).

The present Nursing Profession Act is repealed and replaced for Nunavut by the Nursing Act. The replacement act:

- authorizes the Northwest Territories Registered Nursing Association to exercise regulatory powers and functions in Nunavut,

- protects certain designations associated with the profession of nursing, and makes it an offence to improperly use those designations;

- protects nurses from civil liability where medical aid is provided in an emergency; and,

- provides that the assets and liabilities of the Northwest Territories Registered Nurses Association will be divided in the circumstances and in accordance with the process set out in the Nursing Profession Act (Northwest Territories).

In addition, the Disease Registries Act, Emergency Medical Act, Evidence Act, Labour Standards Act and Mental Health Act are each consequently amended for Nunavut to ensure that references to the Nursing Profession Act will continue to relate to the Northwest Territories Nursing Profession Act, rather than to the Nunavut Nursing Act.

The present Engineering, Geological and Geophysical Professions Act is repealed and replaced for Nunavut by the Engineers, Geologists and Geophysicists Act. The replacement act:

- authorizes the Association of Professional Engineers, Geologists and Geophysicists to exercise regulatory powers and functions in Nunavut;

- provides that only a member, licencee or permit holder of the association may practice professional engineering, professional geology or professional geophysics, or hold themselves out by use of a title or designation or by advertising, as a person qualified to practice one of those professions;

- protects the council, Discipline Committee and executive director of the association and persons acting on their instructions from liability; and,

- provides that assets and liabilities of the association will be divided in the circumstances and in accordance with the process set out in the Engineering, Geological and Geophysical Professions Act (Northwest Territories).

In addition, the Condominium Act is consequently amended for Nunavut to ensure that the reference to the Engineering, Geological and Geophysical Professions Act will continue to relate to the Northwest Territories Engineering, Geological and Geophysical Professions Act rather than to the Nunavut Engineers, Geologists and Geophysicists Act. Thank you, Mr. Speaker.

Thank you. The motion is in order. To the principle of the bill. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 16 has had second reading and accordingly the bill stands referred to a committee. Second reading of bills. Mr. Todd.

Bill 17, Division Measures Act

Thank you, Mr. Speaker. I move, seconded by my honourable Member for Baffin South that Bill 17, Division Measures Act be read for the second time. Mr. Speaker, this bill is organized into two parts. Part one amends various statutes to implement plans and agreements relating to the establishment of Nunavut. The amendments are placed in separate schedules organized by subject matter. Part two contains lists of regulations of the Northwest Territories that either apply only in the Nunavut portion of the Northwest Territories or that do not apply at all in the Nunavut portion of the Northwest Territories.

The Legislative Assembly Retiring Allowances Act and the Supplementary Retiring Allowances Act are amended to:

- provide for the establishment, by the Northwest Territories and Nunavut, of an advisory body to make recommendations to the two territories' Management and Services Boards respecting the administration of their respective Legislative Assembly Retiring Allowances Funds;

- clarify, in both acts, that a Member of the 13th Legislative Assembly who ceases to be a Member on dissolution of the Assembly or on April 1, 1999, will receive a pension if they are otherwise qualified;

- require a Member to have served for at least two years before the 13th Legislative Assembly to qualify for an allowance under the Supplementary Retiring Allowances Act;

- allow the Management and Services Board, under both acts, to set the interest rate payable on the refund of contributions; and, - allow the Speaker, in both acts, to make regulations on the recommendation of the Management and Services Board.

The Certified General Accountants' Association Act is amended to:

- permit the association to exercise such powers and functions for the regulation of accountancy in Nunavut as may be provided under the Certified General Accountants Act (Nunavut);

- establish the Northwest Territories chapter and the Nunavut chapter of the Association, and provide that each chapter may make by-laws for its governance;

- provide the circumstances under which either chapter may determine that the association will no longer perform regulatory functions in Nunavut; and,

- provide for the division of the assets and liabilities of the association where such a determination is made.

The Institute of Charter Accountants Act is amended to:

- permit the institute to exercise such powers and functions for the regulation of accountancy in Nunavut as may be provided under the Chartered Accountants Act (Nunavut);

- establish the Northwest Territories branch and the Nunavut branch of the institute, and provide that each branch may make by-laws for its governance;

- provide the circumstances under which either branch may determine that the institute will no longer perform regulatory functions in Nunavut; and,

- provide for the division of the assets and liabilities of the institute where such a determination is made.

The Payroll Tax Act, 1993, is amended to ensure that employees do not have to pay tax on the same income to both the Northwest Territories and Nunavut.

The Society of Management Accountants Act is amended to:

- permit the society to exercise such powers and functions for the regulation of accountancy in Nunavut as may be provided under the Management Accountants Act (Nunavut);

- establish the Northwest Territories chapter and the Nunavut chapter of the society, and provide that each chapter may make by-laws for its governance;

- provide the circumstances under which either chapter may determine that the society will no longer perform regulatory functions in Nunavut; and,

- provide for the division of the assets and liabilities of the society where such a determination is made.

The Charter Communities Act is amended to provide that the act does not apply to the part of the Northwest Territories that will become Nunavut. This prevents the duplication of the Charter Communities Act for Nunavut.

The Nursing Profession Act is amended to:

- permit the association to exercise such powers and functions for the regulation of nursing in Nunavut as may be provided under the Nursing Act (Nunavut);

- establish the Northwest Territories branch and the Nunavut branch of the association, and provide that each branch may make by-laws for its governance;

- provide the circumstances under which either branch may determine that the association will no longer perform regulatory functions in Nunavut; and,

- provide for the division of the assets and liabilities of the association where such a determination is made; and,

- make minor adjustments to provisions dealing with the registration of nurses.

The Engineering, Geological and Geophysical Professions Act is amended to:

- permit the association to exercise such powers and functions for the regulation of professional engineering, professional geology and professional geophysics in Nunavut as may be provided under the Engineers, Geologists and Geophysicists Act (Nunavut);

- establish the Northwest Territories branch and the Nunavut branch of the association, and provide that each branch may make by-laws for its governance;

- provide the circumstances under which either branch may determine that the association will no longer perform regulatory functions in Nunavut; and,

- provide for the division of the assets and liabilities of the association where such a determination is made; and,

- make minor adjustments to provisions dealing with the registration of members of the association and the permitting of firms of professional engineers, professional geologists and professional geophysicists.

The Interpretation Act amended to add definitions of "province" and "territory".

The Statute Revision Act is amended to:

- provide that the statute revision prepared for the Northwest Territories will include statutory material enacted on or before March 31, 1999;

- provide that the Statute Revision Commissioner may adjust a statute in the statute revision prepared for Nunavut to substitute an appropriate reference where the existing Northwest Territories statute refers to a department, office, body, place, concept or thing that does not have a direct equivalent in Nunavut; and,

- make a number of minor adjustments to the act.

The Education Act is amended to enable one conseil scolaire francophone to request the Minister to establish a commission scolaire francophone de division.

Schedule L contains two lists; the first lists regulations that do not apply in the Nunavut portion of the Northwest Territories, and the second lists regulations that apply only in the Nunavut portion of the Northwest Territories. These lists will clarify that status of regulations after division. Those regulations that are declared to not apply to the Nunavut portion of the Northwest Territories will not be duplicated for Nunavut. Thank you, Mr. Speaker.

Thank you. The motion is in order. To the principle of the bill. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 17 has had second reading and accordingly the bill stands referred to a committee. Second reading of bills. Mr. Arlooktoo.

Mr. Speaker, I move, seconded by the honourable Member for Yellowknife Frame Lake that Bill 18, Access to Information and Protection of Privacy Statutes Amendment Act, be read for the second time. Mr. Speaker, this bill amends ten statutes to address the paramountcy of the Access to Information and Protection of Privacy Act over other statutes that contain provisions that are inconsistent or in conflict with it as of December 31, 1998. The bill also amends the Archives Act and the Access to Information and Protection of Privacy Act.

The Access to Information and Protection of Privacy Act is amended to clarify that permitted public access to records in a registry includes access to original records.

The Archives Act is amended to: - provide a new definition of government body consistent with the definition of a public body in the Access to Information and Protection of Privacy Act; - clarify that a notice of the destruction of public records may be general in nature; - increase the amount of the penalty for an offence under the Act; and - provide the Commissioner with the regulation-making authority to designate certain bodies as government bodies.

The Consumer Protection Act is amended to ensure that the provisions that limit access and provide for the security of information collected during investigations under the act continue to apply despite the Access to Information and Protection of Privacy Act.

The Disease Registry Act is amended to ensure that the provisions for access to, accountability for, and control of records contained in the reportable disease registry continue to apply despite the Access to Information and Protection of Privacy Act.

The Education Act is amended to ensure that the following prevail despite the Access to Information and Protection of Privacy Act:

- provisions dealing with conditions of access to and the process for the release of information from a student record;

- specific and detailed provisions for the correction of student records;

- provisions dealing with the requirement that disclosures by a student to a school counsellor be kept strictly confidential from the student's parents, teachers, and others as well as from the student himself or herself where necessary;

- provisions setting out the circumstances when a school counsellor's notes or information contained in the notes may be disclosed.

The Environmental Rights Act is amended to repeal the access to information provisions contained in section 3.

The Insurance Act is amended to ensure that the provision dealing with access to information about an insured or about a party to an application under the act continues to apply despite the Access to Information and Protection of Privacy Act.

The Labour Standards Act is amended to ensure that the provision dealing with the disclosure of personal information continues to apply despite the Access to Information and Protection of Privacy Act.

The Motor Vehicles Act is amended to ensure that the specific access to information and protection of privacy provisions contained in the act continue to apply despite the Access to Information and Protection of Privacy Act and to: - allow additional officers or organizations to request access to records contained in the motor vehicle registry, either with or without a fee; - allow public or private agencies to access information from records contained in the motor vehicle registry, except personal information, for research purposes for a fee; and - clarify that the Young Offenders Act and the Young Offenders Act (Canada) govern the control and release of reports of convictions in respect of young persons.

The Payroll Tax Act, 1993 is amended to ensure that the conditions of disclosure of information collected pursuant to the Act continue to apply despite the Access to Information and Protection of Privacy Act.

The Securities Act is amended to ensure that the specific circumstances of an investigation conducted under the Act and the protection of the information collected as a result continue to apply despite the Access to Information and Protection of Privacy Act.

The Tobacco Tax Act is amended to ensure that the conditions of disclosure of information collected pursuant to the Act continue to apply despite the Access to Information and Protection of Privacy Act. Thank you, Mr. Speaker.

Thank you. The motion is in order. To the principle of the bill. The Chair does not recognize a quorum. Mr. Clerk, will you ring the bell. The Chair recognizes a quorum. The question has been called. All those in favour of Bill 18? All those opposed? Motion is carried. Bill 18 has had second reading and accordingly the bill stands referred to a committee. Second reading of bills. Item 19, consideration in committee of the whole of bills and other matters. Bill 6 and Bill 12, with Mrs. Groenewegen in the chair.

Thank you, Madam Chairperson. Madam Chairperson, the committee wishes to consider Bill 6, An Act to Amend the Workers' Compensation Act, and Bill 12, Miscellaneous Statutes Amendment Act, 1998, No. 2. Thank you, Madam Chairperson.

Thank you, Madam Chairperson. Bill 6 would amend the Workers' Compensation Act to prohibit injured workers and the Workers' Compensation Board from suing any worker or employer covered by the act with certain exceptions.

Currently the act prohibits only law suits against the injured workers, employer and co-workers. Under the Workers' Compensation system, injured workers give up their right to sue employers and other workers in exchange for the right to receive benefits under a no-fault compensation system, funded by employers. This is referred to as the historic trade off. Workers are protected from the risk of being unable to collect damages awards from smaller or less financially stable employers and they are not required to prove fault.

A worker is also entitled to benefits even though he or she may have been at fault. However, workers lose the potential to receive higher awards through court action. Employers pay assessments to collectively share the risk of compensating injured workers because of negligence. The general principle which applies in all jurisdictions except the NWT is that no court action may be made against any employer or worker covered by the act.

The injured worker may sue third parties. For instance, parties who may have some responsibility for the injury but who are not employers or workers, covered by the act. Where there is a right to sue, the Worker's Compensation Board may sue the third party in the workers' name or in the board's name, without requiring the worker's consent.

The NWT is different from all other Canadian jurisdictions because not all employers and workers are protected from law suits for work-related injuries. In the NWT an injured worker may not sue his or her own employer or another worker of that employer. However, the injured worker may sue other employers and workers covered by the act. Because of subrogations this means the Workers' Compensation Board may sue employers and workers who have participants in its own system.

This situation has been commented upon in various reports over the years, proposing the act be amended to prohibit court action against all employers and workers covered by the act. As I indicated earlier, this act would amend this. Bill 6 would amend the Workers' Compensation Act to do that, with a few exceptions. Lawsuits would be allowed against workers and employers, covered by the Workers' Compensation System in certain circumstances, including if the person causing the injury was not acting during the course of his or her employment or engaged in an industry to which the act applies when the accident occurred.

Also, the amended bill allows lawsuits where the act is caused in the use of a motor vehicle, as defined in the Motor Vehicles Act. It also allows lawsuits where the accident was caused in a motor transportation, other than a motor vehicle, as defined in the Motor Vehicles Act, but only where the accident is covered by a policy of liability insurance. The final part of the bill, Madam Chairperson, is the bill would only apply to accidents that occur after the bill comes into force so it would not affect prior accidents. Thank you.

Thank you.