Thank you, Mr. Speaker. The Minister on May 22nd and again on June 4th, had suggested he felt the position I took on that particular topic, it was unfair to government employees living in Yellowknife, and he felt that was a reasonable case. I understand the Minister is telling me they have not got back together, but I would ask the Minister is that still his opinion, that it is a reasonable request from the GNWT employees living in Yellowknife? Thank you, Mr. Speaker.

Mr. Todd.

Again, Mr. Speaker, I have to be careful I am not pre-empting the bargaining process. I said to my honourable colleague at the time and I do not have Hansard, maybe he has it. I do not have it, I would take the matter under consideration. That is as much as I can do at this time. I can certainly not pre-empt the bargaining process. Thank you.

Oral questions. Mr. Roland.

The Minister of Transportation, Mr. Antoine.

Thank you, Mr. Speaker. Mr. Speaker, the Department of Transportation indicates that in Inuvik, the road between the airport and the community is hard topped paved section of the road which is a very good road, compared to other roads that I have been on. It is an investment we have to protect. I am aware of the problem there. There is a permafrost problem in that area where there is cracking of the paved surface. It has been addressed through maintenance funding every year between the tune of $2,000 to $10,000 a year to make sure it does not deteriorate any further.

There has been suggestions of trying to address the problem by perhaps dealing with the bench. Maybe developing bench road systems on both sides. At the present time there has been no study done but with the preliminary figures it is quite costly to do that. However, I will take the Members' request and see if the department could look further into this. Thank you.

Oral questions. Supplementary, Mr. Roland.

Mr. Antoine.

Thank you, Mr. Speaker. Mr. Speaker, I will ask the department to see what the problem is in detail and to see if there have been any studies done or to see what is the status of this road. If there is anything that is in the plans for the future besides the cost-effective maintenance that they are doing with just patching the cracks as they occur? Thank you.

Thank you. Question period is over. Did you have any more supplementaries? Item 7, written questions. Item 8, returns to written questions. Mr. Clerk.

Mr. Speaker, return to Written Question 1-13(6), asked by Mr. Ootes, to the Minister responsible for the Workers Compensation Board, concerning third party liability.

1. What mechanism does the WCB use to decide what company or individual, or individuals, specify to name in an action?

Answer: I assume that this question is asking "How does the WCB determine which company, individual or individuals will be named as a defendant(s) in an action to which the WCB is subrogated pursuant to subsection 12(4) of the Workers' Compensation Act?"

When an injured worker claims compensation, both the injured worker and his/her employer are required to file a Report of Accident. If a report indicates that some person (either a corporation or an individual), other than the injured worker's employer or co-worker, may be responsible for causing the injury to the worker, the WCB adjudicator assigned to the claim will forward a "Third Party Referrals" to the WCB's in-house legal counsel.

The WCB's in-house legal counsel will investigate the claim and make a recommendation to the Director of Client Services, based upon the possible liability of the defendant, as to whether an action should be commenced.

2. Who makes the decision to launch a prosecution alleging a violation of an NWT or federal law?

Answer: The WCB does not administer any federal legislation and is, therefore, not involved in any decisions to launch prosecutions pursuant to federal legislation. The Safety Act, the Mine Occupational Health and Safety Act and the Explosives Use Act, which are administered by the WCB, each prescribe that it is an offence, punishable by summary conviction, to contravene these acts. Each act specifies the maximum fine that a person found guilty is liable to pay. Safety Officers, Mine Inspectors and Explosive Use Inspectors for the respective acts investigate to determine if a contravention of the act has occurred. If the inspector is of the opinion that a contravention of the act has occurred, he/she shall discuss with the Crown Prosecutor's Office whether a prosecution should be commenced.

Prosecutions pursuant to these acts and regulations are unrelated to the civil liability that a defendant may incur pursuant to a "third party cause of action".

3. How are these cases funded and budgeted for?

Answer: Pursuant to subsection 6(1.1) of the Workers' Compensation Act, all costs of administering the act are paid out of the Accident Fund. A budget for these cases is developed based upon past experience and the number of ongoing actions.

4. Does the money come out of the accident fund?

Answer: Yes.

5. How often in its history has the WCB initiated a lawsuit to recover compensation?

Answer: The WCB, which was created in 1977, does not initiate lawsuits solely to recover the compensation it has paid to injured workers. The WCB ensures that injured workers and their dependants receive as much as they are legally entitled to receive. When the WCB recovers money, by way of third party actions it is also used to reduce the amount of assessments employers are required to pay.

Accordingly, the WCB will initiate litigation, all its own expense (as opposed to the injured worker's expense) to recover the damages that the injured worker sustained as a result of the negligence of someone other than the worker's employer or co-workers. Claims for damages can only be initiated if a worker's employer or co-workers. Claims for damages can only be initiated if a worker's injury was caused by someone other than the worker's employer or co-workers. The WCB and the injured worker can not sue the injured worker's employer or co-workers. The vast majority of defendants have liability insurance, which covers the defendant's liability including the cost of defending the third party action.

Between 1989 and the present, the WCB commenced 57 actions on behalf of injured workers and their dependants. In order to determine the number of actions that were commenced and concluded prior to 1989 would require the staff of the WCB to examine in excess of 50,000 archived files.

6. What were the results of those actions?

Answer: Because the settlements of these actions are bound by confidentiality and non-disclosure agreements, no information identifying the parties can be provided. The following chart relates solely to the litigation that has concluded since 1989. It specifies how much money was recovered and how it was disbursed, but the name of each claimant is not disclosed.

Claim Amount Payment to Reimburse WCB

recovered Worker/dependants legal/claims costs

1 $200,000.00 $50,000.00 $150,000.00

2 $0.00 $0.00 $0.00

3 $60,000.00 $28,224.70 $31,775.30

4 $80,333.21 $20,083.30 $60,249.91

5 $35,133.29 $8,099.04 $27,034.25

6 $37,500.00 $9,375.00 $28,125.00

7 $1,100,000.00 $371,200.00 $728,800.00

8 $23,000.00 $5,750.00 $17,250.00

9 $850,000.00 $346,748.68 $503,251.32

10 $65,000.00 $16,250.00 $48,750.00

11 $400,000.00 $100,000.00 $300,000.00

12 $172,463.18 $43,115.79 $129,347.39

13 $445,000.00 $111,250.00 $333,750.00

14 $22,144.31 $5,536.08 $16,608.23

15 $50,597.94 $12,178.56 $38,419.38

16 $43,868.24 $10,342.16 $33,526.48

17 $3,694.00 $923.50 $2,770.50

18 $13,000.00 $8,3347.98 $4,665.02

19 $18,470.96 $4,617.74 $13,853.22

20 $40,000.00 $20,927.32 $19,072.68

21 $400.00 $0.00 $400.00

22 $20,000.00 $5,000.00 $15,000.00

23 $128,000.00 $32,000.00 $96,000.00

24 $25,260.74 $19,862.34 $5,398.40

25 $147,269.58 $36,365.47 $110,904.11

26 $53,819.47 $8,700.00 $45,119.47

27 $15,000.00 $3,750.00 $11,250.00

28 $355,000.00 $213,500.00 $141,500.00

29 $17,000.00 $4,250.00 $12,750.00

30 $136,510.14 $34,127.53 $102,382.61

31 $57,246.27 $14,311.57 $42,934.70

32 $117,500.00 $29,375.00 $88,125.00

33 $19,203.32 $4,801.08 $14,402.24

34 $7,000.00 $0.00 $7,000.00

35 $1,870,000.00 $467,500.00 $1,402,500.00

36 $0.00 $0.00 $0.00

37 $125,000.00 $21,500.00 $103,500.00

38 $103,427.84 $21,644.43 $81,783.41

Total $6,857,842.49 $2,089,644.27 $4,768,198.62

7. Can the Minister provide us with a list of all actions initiated by the WCB since 1991, the disposition of the action and the settlement recovered, if any?

Answer: See answers to question six and eight.

8. Can the Minister provide us with a list of current outstanding legal actions and the stage they are at before the court?

Answer:

A Statement of claim was recently filed in one action to prevent the one year limitations of actions from lapsing. Additional information has to be gathered before it is determined whether the action will proceed. It would be inappropriate to list the defendants at this time, as they have not been served with the Statement of Claim.

9. How much money has been spent in each of the fiscal years since 1991 to fund actions pertaining to third party liability actions?

Answers: Prior to 1995, the WCB accounting procedures did not distinguish between legal consulting costs for Third Party Actions and legal consulting costs for general legal advice. It would be inappropriate violation of solicitor-client privilege to disclose the amount of fees being spent on the active third party litigation referred to in answer to question 8.

In 1991, the sum spent on all legal consulting $222,720.16

In 1992, the sum spent on all legal consulting $227,030.28

In 1993, the sum spent on all legal consulting $142,684.62

In 1994, the sum spent on all legal consulting $347,511.34

In 1995, the sum spent on all legal consulting $233,009.81

In 1996, the sum spent on all legal consulting $32,552.29

In 1997, the sum spent on third party litigation that is now closed $47,372.52

Return to Written Question 2-13(6), asked by Mrs. Groenewegen to the Minister of Education, Culture and Employment, concerning the support for NWT Friendship Centres.

On June 4, 1998 you presented a written question to the Premier on support for the NWT Council of Friendship Centres and on the invitation and attendance by GNWT staff to the Council's Annual General Meeting held on May 29, 1998.

On May 19, 1998, the office of the Premier received a letter from the NWT Council of Friendship Centres requesting recognition for their expanded role as well as financial support. The council also invited representatives from the Legislative Assembly and the Departments of Health and Social Services and Education, Culture and Employment to attend their annual general meeting.

The office of the Premier forwarded the council's letter to the Department of Education, Culture and Employment for response in late May. Unfortunately, the council's letter did not indicate that this was a formal invitation, and the timing was such that no representatives of the Government of the Northwest Territories were able to attend the meeting or to make presentations on behalf of the government.

This government is not providing any additional funding beyond what the NWT Council of Friendship Centres is currently provided by the federal government.

Thank you. Item 9, replies to opening address. Item 10, petitions. Mr. Picco.

Thank you, Mr. Speaker. Mr. Speaker, I have a petition. The petition reads to have the GNWT separate the pay equity complaint from the current collective bargaining process and also to have the GNWT refer to impartial arbitration panel in the matter of gender neutrality of Job Evaluation Systems now being composed in the Collective Bargaining process. The petition contains 36 signatures from the community of Iqaluit. Thank you, Mr. Speaker.

Thank you. Petitions. Mr. Morin.

Thank you, Mr. Speaker. I would like to present the petition dealing with the matter of the settlement of pay equity entitlements. Mr. Speaker, the petition contains 7 signatures and Mr. Speaker the petition requests the GNWT and the union to settle the pay equity entitlements. Thank you.

Thank you. Petitions. Item 11, reports of standing and special committees. Item 12, reports of committees on the review of bills. Mr. Miltenberger.

Thank you. The Member for Thebacha is seeking unanimous consent to waive Rule 70(5), to move the bill into committee of the whole. Do we have any nays? Mr. Miltenberger, you have unanimous consent. Bill 2 will be put into committee of the whole for tomorrow. Reports of committees on the review of bills. Mr. Miltenberger.

Thank you. The member for Thebacha is seeking unanimous consent to waive Rule 70(5). Do we have any nays? There are no nays. Mr. Miltenberger, you have unanimous consent. Bill 1 will be put into committee of the whole for tomorrow. Reports of committees on the review of bills. Mr. Picco.