In the Legislative Assembly on April 20th, 1999. See this topic in context.

Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Speaker, my question is for the Minister responsible for the Workers' Compensation Board and it has to do with widows' pensions. I was wondering if the Minister could please tell us what the current policy of the WCB is when an injured worker receives a pension, and then is deceased and the pension then goes to his spouse, what is the policy of the WCB at this time with respect to if and when the widow remarries? Thank you.

Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

The Speaker Samuel Gargan

The Minister responsible for the Workers' Compensation Board, Mr. Miltenberger.

Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. This is an issue that I believe all Members are aware of, they have all been copied the same letter that I received. Currently the legislation that governs WCB prevents WCB from paying widows' pensions to a widow if she remarries. However, there is currently a court case underway. Other jurisdictions have already gone to court and this has been deemed unconstitutional and has been changed. There is a court case currently underway in my understanding in the north, that may, in fact, bring the same change to us. Otherwise we are looking at a change in the legislation of the WCB which Members all know now that we are tied with our colleagues from Nunavut. Right now we are precluded by the legislation, but it is a need that has to be addressed. Thank you.

Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

The Speaker Samuel Gargan

Oral questions. Supplementary, Mrs. Groenewegen.

Supplementary To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

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Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Could the Minister please confirm whether or not the NWT is the only Canadian jurisdiction which now terminates survivors' benefits where the spouse is remarried?

Supplementary To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

The Speaker Samuel Gargan

Mr. Miltenberger.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. I can confirm that we are a jurisdiction that currently does that, whether we are the only one in Canada, I cannot tell the Member that. I can commit to get that information for her though.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

April 19th, 1999

Page 217

The Speaker Samuel Gargan

Oral questions. Supplementary, Mrs. Groenewegen.

Supplementary To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Speaker, I do believe that we are the only jurisdiction in Canada that has this legislation in place and I think this is probably rather archaic in this day and age. I do not understand why we would have legislation that is out of step with what other provinces had proved to be unconstitutional and not in keeping with the Canadian Charter of Rights and Freedoms. I would like to ask the Minister, why are we waiting as a northern jurisdiction for the results of a court case if this has already been proven to be unacceptable in other jurisdictions?

Supplementary To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

The Speaker Samuel Gargan

Mr. Miltenberger.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. In fact, the WCB has been working on a rewrite of their legislation in anticipation of the political time when it could be brought forward because there are a host of areas like the widows' pensions that should be brought up to date. I am just on my way out, in fact, at 3:00 p.m., for briefings with the Minister from Nunavut responsible for the WCB. This is one of the issues on our agenda, the need to, in fact, bring forward, at least on a temporary basis, legislation that would change that particular issue in regard to widows' pensions. I ask the Members to keep in mind that we now have to work through two jurisdictions, so it is going to be critical that Nunavut agrees as well to go ahead with identical legislation. It is an issue and we are going to do our best to resolve that in the short-term. Thank you.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

The Speaker Samuel Gargan

Mrs. Groenewegen, I was not aware that there was a court case in progress. Can I ask for the cooperation of the Members regarding court cases in other jurisdictions. There are certain issues in which it is national in scope, so what we say here does influence what happens in other jurisdictions, as it did for the nurses, the transfer of health issues. There was a court case in that incidence which we could not discuss in the House. I would caution the Members to perhaps not make reference to certain cases. As soon as you mention a court case, of course, red lights flash over here on this desk and I have to watch that we do not go beyond influencing the courts. Mrs. Groenewegen.

Supplementary To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

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Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. I will refrain from mentioning that and just speak about the anticipated updating of the legislation then and would ask Mr. Miltenberger if it is the WCB's intention to amend this legislation and when they do that, will they make this legislation retroactive to widows who may have lost their pension in previous years while this legislation was in effect? Thank you, Mr. Speaker.

Supplementary To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

The Speaker Samuel Gargan

You have used up your third and final supplementary, two questions. Mr. Miltenberger.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 217

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker.

As the Minister responsible for the WCB, it is my intention to, in fact, bring forward amendments to the legislation that will address the issue of widows' pensions. I am not in a position to speak specifically to the issue of whether or not we could make it retroactive, but I will be finding out very soon and it will be on hopefully, the legislative agenda that I can bring forward to this House once it is approved by Cabinet. Thank you.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 218

The Speaker Samuel Gargan

Oral questions. Mr. Erasmus.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 218

Roy Erasmus Yellowknife North

Mr. Speaker, I was going to ask a question in the same vein, but considering that it is under consideration of the courts, I will refrain.

Further Return To Question 82-13(7): Workers' Pension Policy
Question 82-13(7): Workers' Pension Policy
Item 6: Oral Questions

Page 218

The Speaker Samuel Gargan

Thank you. Oral questions. Mr. Ootes.