Thank you, Mr. Todd. Government operations reviewed this bill. Mr. Miltenberger.
Debates of Dec. 8th, 1998
This is page numbers 585 - 623 of the Hansard for the 13th Assembly, 6th 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 nunavut.
Topics
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Michael Miltenberger Thebacha
Madam Chairperson, the Standing Committee on Government Operations reviewed Bill 25, Workers' Compensation Division Measures Act, at its meeting on December 7, 1998. The committee would like to thank the Honourable John Todd and his officials for presenting the bill and responding to issues raised by the committee.
The amendments will allow the NWT Worker's Compensation Board an appeals tribunal to function as the board and appeals tribunal for Nunavut during a transition period from April 1, 1999 until December 31, 2002.
Bill 25 authorizes the Minister to enter into a transitional service agreement with Nunavut. The agreement will set terms and conditions under which the Northwest Territories Workers' Compensation Board and Appeals Tribunal will carry out their duties in Nunavut.
The agreement must also set out how the assets and liabilities of the board will be determined when the agreement has ended and how the assets and liabilities will be divided between NWT and Nunavut. The transitional service agreement will last until at least December 31, 2002. Bill 25 would also amend the Workers' Compensation Act to provide that, where the Minister has entered into a transitional service agreement with Nunavut, two of the board members appointed on or after April 1, 1999, will be appointed on the recommendation of the Nunavut Minister.
As long as the transitional service agreement provides for it, the board may administer the Northwest Territories and Nunavut Accident Funds as if they were a single accident fund. Over the transitional period, the assessments, costs and payments paid into and out of the fund will be tracked for each territory.
This bill also provides that employees will not be entitled to severance benefits for the loss of their employment with the NWT Public Service when the transitional agreement terminates if they become employed in the Public Service of Nunavut within 90 days. Under the transitional agreement, employees in Nunavut will be transferred to the new Nunavut Board. They will become Members of the Nunavut Public Service and their seniority and benefits will be protected.
Mr. Chairman, members of the committee may have additional comments on the bill as we proceed. This concludes the standing committee's comments on Bill 25, Workers' Compensation Division Measures Act. Thank you, Mr. Chairman.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you kindly, Mr. Miltenberger. Before we get into general comments, I would like to offer the Minister to bring in his witnesses, Mr. Todd. Do we agree?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. Bring in the witnesses, please. For the record, Minister Todd would you please introduce the witnesses to the committee?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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John Todd Keewatin Central
Yes, thank you, Mr. Chairman. On my immediate left is Mr. Gerry Meier who is the CEO of the Worker's Compensation Board. On my immediate right is the ever present sensitive negotiator for the division secretariat, Mr. Richard Bargery, Assistant Deputy Minister.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you, Mr. Meier and Mr. Bargery. Welcome to the committee. We are dealing with Bill 25, Workers' Compensation Division Measures Act, for the record. General comments?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Clause by clause.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Clause by clause. We will move to page 1 of Bill 25. Clause 1?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. Clause 2?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. Clause 3 on page 2?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. On page 5. Clause 4?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. Now back to preamble. Agreed?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Bill as a whole?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. Does the committee agree that Bill 25 is ready for third reading?
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Agreed. Thank you. Bill 25 is ready for third reading. Thank you, Mr. Todd and the witnesses, Mr. Meier and Mr. Bargery. Thank you.
--Applause
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you. We are going to wait momentarily. I will allow Mr. Arlooktoo an opening comment. Take your time.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Goo Arlooktoo Baffin South
Thank you, Mr. Chairman. I am pleased to be here today to review the Workers' Compensation Division Measures Act with the committee of the whole.
Mr. Chairman, this bill, and its companion legislation, the Nunavut Workers' Compensation Division Measures Act, and the proposed Workers' Compensation Transitional Agreement between the Government of the Northwest Territories and the Interim Commissioner of Nunavut are the result of a long series of negotiations concerning the Workers' Compensation Board. These negotiations included the Government of the Northwest Territories, the Office of the Interim Commissioner, Nunavut Tunngavik Incorporated and the Western Coalition.
As with other Nunavut related bills that have been reviewed by this committee, the amendments being proposed in this bill are being proposed under the unique authority vested in this Legislative Assembly under section 76.05 of the Nunavut Act.
Similarly, these bills have been drafted in cooperation with the Office of the Interim Commissioner, and Nunavut Tunngavik Incorporated. This cooperative approach was formally confirmed with a reading of the Interim Commissioner's letter of recommendations, in this Assembly.
Formal notification of our consultation with NTI was confirmed with a letter from the president of that organization with I tabled in this Assembly.
Mr. Chairman, the specific elements of this bill, and the transitional elements with respect to transitional arrangements for the WCB are the same as Mr. Todd just provided for Bill 25. I will, however, provide similar comments on this bill for the record.
The result was the need to consider a transitional arrangement that would:
*ensure stability of workers' compensation services in both Nunavut and NWT in the short term:
*provide the opportunity for the two new governments to re-examine their relationship with respect to these services to determine if they wish to continue with a shared arrangement;
*set a clear termination date for the joint board;
*allow sufficient time to ensure a fair and equitable division of the assets and liabilities of the current WCB; and;
This agreement, Mr. Chairman, is designed to maintain the status quo in the short term. The transitional period set out in this arrangement will allow both Nunavut and NWT to consult with the stakeholders to determine how workers' compensation services are to be delivered in the future.
Mr. Chairman, the key elements of the transitional arrangement are intended:
*to provide the terms and conditions of how the WCB will operate in Nunavut and the NWT for a transitional period to December 31, 2002;
*to authorize the current Workers' Compensation Board to operate in Nunavut during the transition period;
*to allow the Nunavut Minister responsible for the WCB to nominate two (2) Members to the Board;
*to ensure consultation by the NWT Minister with the Nunavut Minister prior to filling any vacancies that occur on the Appeals Tribunal.
In addition, Mr. Chairman, there are specific provisions in this arrangement that:
*provides for meetings to take place between the Nunavut and NWT Ministers responsible for the WCB in order to complete administrative duties such as receiving the WCB's annual report and corporate plan for tabling in their respective Legislative Assemblies;
*ensures that each party only exercise its authority under the Workers' Compensation Acts with the consent and approval of the other party;
*allows the appointment of statutory officers to fulfil their responsibilities in both territories;
*ensures that WCB employees in Nunavut will remain members of the NWT public service through consequential amendments to the Nunavut Public Service Act;
*ensures that the transfer of WCB employees to the Nunavut agency after the transition period with full successor rights intact;
*provides for the continuation of the accident fund during the transition period as a singularly administered fund;
*authorizes the transfer of a portion of the accident fund to the Nunavut government on request to allow for the creation of a successor Nunavut agency. The amount of this transfer shall be $20 million or 20 per cent of the accident fund, whichever is less;
*that provides for the tracking and recording of individual claims in each new territory, which will serve as a basis for the division of claims and pension liabilities at the end of the transition period;
*that ensures the agreement of the Government of Nunavut to be bound by the terms of the hunters and trappers program with respect to claims arising from it;
*that sets out a formula to divide the assets and liabilities of the WCB in proportion to the benefits and liabilities attributable to each jurisdiction on the termination date; and finally,
*provides dispute resolution mechanism to address any disputes that may arise during the transition period.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Vince Steen
Thank you, Minister Arlooktoo. I now invite the Chairman of the Nunavut Legislation Special Committee, Mr. Ningark, for his comments from the committee.