This is page numbers 1299 - 1320 of the Hansard for the 13th Assembly, 5th 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 community.

Topics

Members Present

Honourable Goo Arlooktoo, Mr. Barnabas, Honourable Charles Dent, Mr. Enuaraq, Mr. Erasmus, Mr. Evaloarjuk, Honourable Sam Gargan, Mrs. Groenewegen, Mr. Henry, Honourable Stephen Kakfwi, Mr. Krutko, Mr. Miltenberger, Honourable Don Morin, Honourable Kelvin Ng, Mr. Ningark, Mr. O'Brien, Mr. Ootes, Mr. Picco, Mr. Rabesca, Mr. Roland, Mr. Steen, Honourable Manitok Thompson, Honourable John Todd.

Oh, God, may your spirit and guidance be in us as we work for the benefit of all our people, for peace and justice in our land and for the constant recognition of the dignity and aspirations of those whom we serve. Amen.

Item 1: Prayer
Item 1: Prayer

May 19th, 1998

Page 1299

The Speaker Samuel Gargan

Good afternoon. Welcome back to the Legislative Assembly. I ask Members to join me in sending our prayers to the community of Cape Dorset. On May 16th, respected elder Kovianaktuliaq Parr died in a fatal hunting accident. He was 68. It appears Mr. Parr decided to go hunting after seeing four people heading out to the ice floe. These men were not aware that Mr. Parr was coming to join them. It is common practice for older hunters to join hunting parties taking off from a floe edge. It has been noted that blowing snow-covered cracks in the ice along the ice floe. The crack Mr. Parr fell into was not far from shore which is usually a common sense trail at this time of year. It may be a comfort to those he leaves behind to know that Mr. Parr died doing what he loved best, hunting. I would like to offer condolences to the friends and family of Mr. Parr, on behalf of Minister Goo Arlooktoo, who was a close friend.

Mr. Parr will also be well remembered as one of the artists who created the original mace of the Government of the Northwest Territories. It is gratifying to know that Mr. Parr had the chance to see the completed mace when he, and the other surviving artists, came to view their creation at a mace ceremony at the Legislative Assembly last summer. It was a pleasure and an honour to have met Mr. Parr during both the Yellowknife and Cape Dorset mace ceremonies.

It should be noted that during this sitting the Pages used will be from across the north. Starting this week, the Pages will be made up of cadets. This year, NWT cadets will reach two significant milestones. This fall the army squadrons of Fort Smith and Inuvik will be celebrating their 35th anniversary, while the air squadrons of Iqaluit and Yellowknife will mark their 25th anniversary. I am sure all Members will join me in offering our congratulations to cadets past and present, for the superb work they have accomplished over these years and wish them good luck in the years to come. I would also like to remind Members of my challenge for them to join me, tomorrow afternoon, in a shooting competition against the cadets.

Again, I welcome Members back to the Legislature. I am sure we will have a productive and beneficial session.

--Applause

Orders of the day. Item 2, Ministers' statements. Mr. Premier.

Don Morin Tu Nedhe

Thank you, Mr. Speaker, I wish to advise the Members that the Honourable Jim Antoine will be absent from the House today and tomorrow to attend the meeting of Federal/Provincial/Territorial Ministers of Aboriginal Affairs and National Aboriginal Leaders in Quebec City. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you, Mr. Premier. Ministers' statements. Mr. Todd.

John Todd Keewatin Central

Thank you, Mr. Speaker. Mr. Speaker, the negotiations between the Government of the Northwest Territories (GNWT) and the Union of Northern Workers (UNW) concluded on May 8, 1998 with the parties at an impasse. The GNWT has tabled a final settlement offer and invited the UNW to take the offer to its membership and let the members decide whether or not to accept it.

The UNW has taken the position that they will not negotiate rates of pay to implement the Hay Job Evaluation System and to settle the Pay Equity Complaint. The Public Service Alliance of Canada (PSAC) negotiator from Ottawa said that he was instructed not to talk about pay equity at the bargaining table and they would not be taking the final settlement offer to the members.

During the last round of bargaining, the UNW proposed that the job evaluation process be referred to binding arbitration and that a southern arbitrator be selected to tell us whether or not the point ratings are bias free. This proposal was geared to take the implementation of the new job evaluation system off the bargaining table and move it to another legal process that would be in addition to the legal processes already in place. I believe, Mr. Speaker, that the UNW and its pay equity experts can review the evaluation process for themselves to decide whether the point ratings are bias free and do not require a southern arbitrator to do this. The GNWT and the UNW had signed off an agreement to do this at the second round of collective bargaining, but unfortunately, although the UNW had agreed to the review process, they chose not to attend.

At the last round of bargaining, the GNWT once again invited the UNW to participate in a joint review process. This offer was made because the only way the UNW can satisfy itself that the job evaluation process is bias free is by gaining an understanding of it. The UNW declined this offer.

The GNWT cannot sign an agreement that renews rates of pay knowing that there is a pay equity problem. It would be irresponsible for the GNWT to sign a collective agreement that then gives the UNW the opportunity to sue the GNWT for more money because there is a pay equity problem. The parties who were at collective bargaining created the pay equity problem. The parties at collective bargaining must resolve the problem. The GNWT negotiated as far as it could on all other outstanding issues. Many significant concessions were made by the negotiators to address employee and UNW issues.

Mr. Speaker, I would like to table the GNWT's final settlement offer. I believe you will agree that the offer is fair and there is absolutely no downside risk to employees and the UNW in the way that the new job evaluation system is to be implemented. Employees see only pay increases. No employee will see a decrease in pay. The offer provides pay equity payments that go beyond what the GNWT is legally obligated to pay.

The final settlement offer includes:

- A 2 percent to 31 percent wage increase in the first year;

- A 2 percent wage increase in the second year;

- Up to 5 percent annually in performance increments or bonus;

- $421 to $4,096 in Northern Allowance increases for employees outside of Yellowknife;

- An additional $500 lump sum Northern Allowance amount in each year for all employees;

- $790 to $33,199 in pay equity payments;

- Five mandatory leave days for continuous employees on the same basis as non-continuous employees;

- School year hours of work for dental therapists; and

- Many other significant improvements in benefits, rights and protection for employees such as shift premium increases for shift workers, a study on how to improve child care and a pro-active prevention strategy to deal with workplace conflict issues.

I believe employees should be given an opportunity to vote and I am confident the package would be accepted. The final settlement offer is generous and gives everyone more money, achieves pay equity and allows the GNWT to modernize its job evaluation system with absolutely no downside risk to any employee. It provides an environment of certainty for employees during the transition to two new public services on April 1, 1999.

Mr. Speaker, the matter is now between the UNW and its members who are our employees and our constituents. If employees are concerned with the impasse, they should talk to the UNW who is their legal bargaining agent. It is time for employees to make their stand on the issue known. They can do this by demanding a ratification vote. This would give them the opportunity to either support the UNW's strategy to use a long drawn out legal process to resolve pay equity or they can accept the final settlement offer and require the UNW to sign off a collective agreement and to work with the GNWT and employees to look for ways to improve the system and ensure pay equity is maintained in the future. Thank you, Mr. Speaker.

--Applause

The Speaker Samuel Gargan

Thank you, Mr. Todd. Ministers' statements. Mr. Todd.

John Todd Keewatin Central

Thank you, Mr. Speaker. Mr. Speaker, as you are aware on March 28, 1989 the Public Service Alliance of Canada (PSAC) filed a complaint with the Canadian Human Rights Commission (Commission) on behalf of the Union of Northern Workers (UNW) alleging that the GNWT did not provide its Public Service employees with equal pay for work of equal value contrary to Sections 7, 10 and 11 of the Canadian Human Rights Act.

The GNWT presently has an application before the federal court challenging the decision of the Commission to request the appointment of a Human Rights Tribunal to inquire into the Section 7 and 11 portions of the complaint while continuing to investigate the Section 10 portion of the complaint. It is expected that this application will be heard in the fall.

Mr. Speaker, on March 17, 1998 Justice Muldoon of the federal court, in a decision in a pay equity case involving Bell Canada, said the following:

That the method of comparing wages of employees in female dominated jobs with employees in male dominated jobs presently being used by the Commission is illegal.

That it is bad faith for a union to negotiate a collective agreement and then file a pay equity complaint against the employer.

That unions have a responsibility for lost wages due to pay inequities in collective agreements they negotiate.

In light of this decision, the GNWT is in the process of amending its present federal court application to ask to have the complaint filed against the GNWT dismissed or alternatively to have the UNW held jointly responsible for any award made by a Human Rights Tribunal. On March 23, 1998, Justice McGillis of the federal court, in another decision in a pay equity case involving Bell Canada, said that Human Rights Tribunals, appointed under the Canadian Human Rights Act, lacked the requisite level of independence. Because of this federal court decision, the Human Rights Tribunal appointed to hear the complaint filed against the GNWT, has been adjourned indefinitely.

Mr. Speaker, the GNWT's preference is still a negotiated solution to the pay equity complaint filed against the GNWT. The GNWT and I, as Finance Minister, stand by its final settlement offer to the UNW, which as you know includes the introduction of a bias-free job evaluation system, as a fair and reasonable settlement to the pay equity complaint. Thank you, Mr. Speaker.

--Applause

The Speaker Samuel Gargan

Thank you, Mr. Todd. Ministers' statements. Ms. Thompson.

Manitok Thompson Aivilik

Thank you, Mr. Speaker. Mr. Speaker, later today I will be tabling the Inspection Report for the Enterprise Settlement Corporation.

--Applause

Thank you. On March 2 to 6, 1998, the Department of Municipal and Community Affairs conducted an inspection of the Enterprise Settlement Corporation. As a result of the inspection, numerous violations of legislation were found. There were 25 specific violations of the Settlements Act; Enterprise Settlement Corporation Continuation Order; Cities, Towns and Villages Act; Local Authorities Elections Act; Conflict of Interest Act and the Civil Emergency Measures Act.

Mr. Speaker, copies of the Inspection Report were distributed to the residents of Enterprise by the Settlement Administrator, Mr. Ian McCrea, earlier today. I will be going to Enterprise next week to hold a public meeting and to discuss the next steps with the residents. Thank you, Mr. Speaker.

--Applause

The Speaker Samuel Gargan

Thank you, Ms. Thompson. Ministers' statements. Item 3, Members' statements. Mr. Enuaraq.

Tommy Enuaraq Baffin Central

Thank you, Mr. Speaker. I would like to take this opportunity to properly acknowledge the hard work being done by Senior Administrative Officers or SAOs, and especially those in my communities of Broughton Island, Clyde River and Pangnirtung. They function as best as they can with a minimal amount of qualified support staff. Mr. Speaker, with limited resources, they get the job done.

For those of you who may not know what SAOs do, let me briefly describe their responsibilities for you. All municipal officers and politicians, like ourselves, are responsible to the residents and to the GNWT for delivering and administering programs locally. The SAO is the key person in municipal management. He or she provides and coordinates the administrative, financial and management services for the municipality.

In many of the more remote communities, the SAO is responsible for all of these important functions. Most northern communities are very small and it is very difficult to find enough staff locally who are qualified to help the SAO to complete financial or managerial duties. It is sometimes more difficult to get people to come to the communities to take over those positions. Many times the SAOs have to rely on the Department of Municipal and Community Affairs regional or headquarters staff to help him or her fulfil their responsibilities. In most cases, the SAO will complete all required duties themselves with very little support. As a result, they do not have enough time to spend with their families or time to properly rest. The shortage of support staff available to help the SAO at the regional and headquarters levels makes the task even more difficult.

Mr. Speaker, I would like to say that the job of the SAO is very stressful and I wish to once again acknowledge their hard work. Thank you.

The Speaker Samuel Gargan

Thank you, Mr. Enuaraq. Members' statements. Mr. Miltenberger.

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. Like many of my colleagues in the last number of weeks I have had an opportunity to spend time in my constituency. There are many issues swirling about the community both of a territorial and community nature. Things like division, the constitution, what is going to happen with NTPC, the number of MLAs and pay equity.

The fundamental issue that has been there since I have been elected and continues to be there is that of the economy, the economy at the community level and at the territorial level, jobs, bread and butter issues and employment. The sense I have received very clearly from my constituents as members of the new Western Territory is, they want to know what the plan is in the west for the new Western Territory. They want us to make some decisions and get on with things. Decide on a name, whatever that will be. Let us put some of these issues to rest. How many MLAs are we going to have? Let us deal with it and get on with it. They want to be able to concentrate on other more fundamental issues.

There is some concern, I must confess, about NTPC and what is going to happen. Should it be a joint corporation or should it be split? The few comments I have heard about the number of MLAs were mainly negative and that we do not need more MLAs. Let us put the money to better use like education, housing and health.

--Applause

The comments I have heard about pay equity and the offers that are on the table now from the government, which I will speak to later in the week, were fairly straightforward. Give us a chance to vote on it and we will tell you what we think. I cannot argue with that common sense approach. Mr. Speaker, as we move toward division, we have many issues before us, but my constituents have made it clear they want to know what the blue print is for the west, what is the plan and to make sure we have a strong economic foundation to move ahead. Thank you very much.

--Applause

The Speaker Samuel Gargan

Members' statements. Mr. Roland.

Floyd Roland

Floyd Roland Inuvik

Thank you, Mr. Speaker. Mr. Speaker, I have enjoyed this past break in session as I was able to spend almost a whole month at home in Inuvik. It is always good to be home and spend time with family and friends. I had a chance to drop by many organizations to introduce my new constituency assistant and to welcome them to visit my office anytime. It was also a pleasure to attend various functions such as the Aurora College Spring Convocation, the weekly Elders Luncheon at the Ingamo Hall Friendship Centre and even a town council meeting while I was at home. I have been busy assisting with constituents concerns at the office and I have also held two public meetings.

The following concerns were raised in my community. One was an issue with youth, core funding for the facility in the Inuvik community. Additional funding is required for the Transition House Society in Inuvik as well, which is a regional facility. Pay equity also was raised at my constituency meetings. As well as the Public/Private Partnerships. There has also been discussion with the Constitutional Working Group about when they are going to come around and do their community tours. The escorts travel for elders who are on medical travel was an issue that has been raised in my community of Inuvik. There are also a number of other issues, but I will take time during this reconvening of the Fifth Session to bring up a number of other issues such as recognizing different constituents who have worked hard to be recognized in the community and I will do so at another time. I will be bringing all these issues to the appropriate Ministers at the appropriate times. Thank you.

--Applause

The Speaker Samuel Gargan

Thank you, Mr. Roland. Members' statements. Mr. Barnabas.

Levi Barnabas High Arctic

Thank you, Mr. Speaker. Mr. Speaker, I will speak in Inuktitut. (Translation) Thank you, Mr. Speaker. Good afternoon. I would like to welcome my fellow colleagues back to the House. The former Member Ludy Pudluk used to say that he does not like meeting in the summer time and I also feel the same way. I would like to extend my gratitude to the people of Grise Fiord. They expressed some concerns about pay equity and the lack of office space. Those were the concerns expressed by the people of Grise Fiord.

There has been another sad event in my community, there has been a person who passed away, which of course is not a very happy event, but the people of Grise Fiord have tried to make my stay there happy. Thank you, Mr. Speaker. (Translation ends)

--Applause

The Speaker Samuel Gargan

Thank you, Mr. Barnabas. Members' statements. Mr. Rabesca.

James Rabesca North Slave

Thank you, Mr. Speaker. Today as we all know is the first day of our spring session. I would like to welcome my colleagues back to this House. I hope everyone has had a very restful and enjoyable visit to their home, families and communities.

As you may recall, prior to closing the last sitting I pushed to get the Department of MACA to recognize that Rae-Edzo is a unique community and does not fall within the typical Municipal Funding Formula. Today, I would like to inform this House as well as thank the Minister of MACA for recognizing the unique situation Rae-Edzo is in. This, of course, is just a start in rectifying the total problems that have occurred and I hope that work will continue through the normal funding review process.

As in all funding formulas of this type, one will never make everyone happy. However, by assisting my community, at least we are not the lowest funded with the largest population, as was the case before we started this exercise. I, again, would like to welcome my colleagues back to this Chamber and thank Ms. Thompson for her assistance to the community of Rae-Edzo. Thank you, Mr. Speaker.

--Applause

The Speaker Samuel Gargan

Thank you, Mr. Rabesca. Members' statements. Mr. Ootes.

Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Mr. Speaker. Welcome back and welcome back Members. Many government employees were demonstrating outside the Legislative Building here today and they were here for one reason and one reason only, to

demonstrate their displeasure with the current state of their contract negotiations, negotiations that are now at a standstill. As legislators and leaders, we have choices. We can either encourage this unproductive staring contest, we can demand that the government and union get back to the bargaining table or we can try and come up with an alternative course of action.

The pay equity dispute between the government and the Union of Northern Workers has been going on now for more than a decade with a result that the government now has to pay a significant sum of money to settle this matter at a time when we can least afford it and the longer we wait, the more it is going to cost. Let us settle it. How, of course, is the nub of the question. The stumbling blocks are the job classification system and pay equity with the union demanding these issues not be part of the final contract settlement and the government stating it will be sued or possibly could be sued if these issues are not settled within the current contract. We need to settle this dispute once and for all for the sake of all northerners so we can enter division without a decade of financial baggage and bad feelings behind us.

One of the biggest stumbling blocks, it seems to me, is the amount offered and asked for in the pay equity issue. Any settlement reached, of course, has to be fair to our workers and it has to be affordable for the government. So how do we reach such a deal? What if we looked at a compromise, like the one proposed to me by one of my constituents, a pay equity package whereby each side compromises its financial offer and demand. Such a compromised financial package could then be paid out in instalments with interest, somewhat like the government is doing with the P3 process, a business process. Maybe a mortgaging system is the only way out of this situation. There are many questions I would like to ask publicly in this forum, both from the government and the union, but our system constrains me to only address questions to the Minister in this forum. I will be doing so later today. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you, Mr. Ootes. Members' statements. Mr. Krutko.

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. Welcome back colleagues. I would like to take this opportunity in this current session to express a variety of issues and concerns that occurred in my recent visit to my constituency. Some of the issues relate to issues I have addressed before in this House. They are just problems in regard to the education system, the whole area of housing delivery and the area of health care, especially in the Mackenzie Delta riding.

Another issue that came to light was the whole problem with youth, youth initiatives and youth programs. The Tl'oondih Healing Program was one of the issues I had to deal with and the whole area of community transfers. There is the issue of related job creation opportunities in my riding, which are very few, if not, nil.

Other major concerns, my riding has, are in relation to the priorities of this government, especially when it comes to the health and well-being of my constituents, in relation to the whole water problem, which is still a problem in Fort McPherson and also has been raised as a concern in Aklavik. This issue, I thought was a priority of this government, but yet I will stand here again and again and raise it time and time again. I was approached by union members on the whole question of pay equity and exactly how this schedule came about. With that, I will be raising these concerns and issues in this session. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you, Mr. Krutko. Members' statements. Mrs. Groenewegen.