This is page numbers 693 - 720 of the Hansard for the 13th Assembly, 7th 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 aboriginal.

Topics

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 715

Some Hon. Members

Agreed.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 715

The Chair

The Chair Jane Groenewegen

Agreed. Does the committee agree that Bill 15, as amended, is ready for third reading? Agreed?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 715

The Chair

The Chair Jane Groenewegen

Bill 15 is now ready for third reading as amended and I would like to thank the Honourable Premier and Mr. Flynn and Mr. Bargery. Thank you. What is the wish of the committee? Mr. Dent.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Chairperson. I propose that we move on to deal with Bill 19, followed by Bill 20 and depending on the time, if we have time, Bill 23.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 715

The Chair

The Chair Jane Groenewegen

Does the committee agree?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 715

Some Hon. Members

Agreed.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 715

The Chair

The Chair Jane Groenewegen

The committee agreed. Mr. Morin.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

July 28th, 1999

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Don Morin Tu Nedhe

Thank you, Madam Chairperson. The Minister

would like to proceed with Bill 19 and then Bill 20? Is that my understanding?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. Mr. Dent.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Madam Chairperson, I recommended that we proceed first with Bill 19, followed by Bill 20 and then, if we have time, Bill 23.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 716

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dent. Does the committee agree?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Agreed. Thank you. Everyone will please turn to Bill 19, An Act to Amend the Labour Standards Act. Mr. Kakfwi, would you please proceed with opening remarks.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Madam Chairperson. The main purpose of these amendments to the Labour Standards Act is to provide for a new method of calculating overtime payable to workers who are paid by commission or other incentive pay in whole or in part. In making this change, we will be departing from the method of calculation which is still in use in at least one other jurisdiction. This change in legislation will introduce a simplified method for calculating overtime for commissioned workers which is similar to the method used in a number of other jurisdictions.

The previous method of calculation almost always resulted in an order for overtime and was viewed as unfair by employers. When this bill was reviewed by the Standing Committee on Social Programs, the Members expressed concern with another aspect of the bill which would have provided for the calculation of general holiday pay for commissioned workers based on the minimum wage. Later today, I will be moving amendments to the bill to address the concerns addressed by Members of that committee. Madam Chairperson, I will be available with my officials to answer any questions that there may be from yourself and Members.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Minister Kakfwi. I now ask the Standing Committee on Social Programs which reviewed the bill to make its comments. Mr. Morin.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Don Morin Tu Nedhe

Thank you, Madam Chairperson. Bill 19 provides the Northwest Territories minimum wage will be the baseline in calculating the overtime and holiday pay for commissioned workers. Previously, the act dictated the Labour Standards Board to calculate overtime in a manner that could be seen to be unfair to employers. This act will change that. The act will also have the effect of ensuring that all commissioned workers receive at least minimum wage for hours worked. The Standing Committee on Social Programs held a public hearing on Bill 19, An Act to Amend the Labour Standards Act, on June 28, 1999. In addition to the public hearing, the standing committee also solicited written responses from identified stakeholders.

Organized labour has responded that they have no major concerns with Bill 19. The standing committee did identify one concern with the original amendments contained in Bill 19. Under the current Labour Standards Act, pay for statutory public holiday is calculated by taking an average of the commissioned workers' daily pay for the previous four weeks. The proposed amendments contained in Bill 19 would base pay on whatever the current minimum wage is in the Northwest Territories. This would have the effect of analyzing commissioned workers who earn more than minimum wage to their commissions. The committee has proposed that the government prepare an amendment to continue the practise of basing statutory holiday pay on the daily average for the commissioned worker over the last four weeks. The average would not be less than the minimum wage for the Northwest Territories.

During the review of Bill 19, committee Members did note that it would be necessary to make major amendments to the Labour Standards Act in the near future as the act is old and out of date with practices in other Canadian jurisdictions. The Members of the Standing Committee on Social Programs had no other concerns with Bill 19. Individual Members may have questions or concerns as we proceed. Thank you, Madam Chairperson.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Morin. Would the Minister of Justice like to bring in witnesses? Is the committee agreed?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Would the Sergeant-at-Arms please escort in the Minister's witnesses? Mr. Kakfwi, could you please introduce your witnesses for the record?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Yes, on my right, Mr. Jerry Sutton, Assistant Deputy Minister of Justice. On my left is Ms. Rebecca Levine, legal counsel.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. General comments on the bill? Is the committee agreed to proceed to clause by clause, consideration of the bill?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Bill 19, An Act to Amend the Labour Standards Act. Clause 1. Agreed?

Committee Motion 41-13(7): To Amend Appendix B Of Bill 15
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.