Thank you, Mr. Chairman. Mr. Chairman, as the Minister responsible for the Workers' Compensation Board, I am proposing through Bill 7 to make an amendment to the Workers' Compensation Act to enable dependant surviving spouses who marry or remarry after the coming into force of section 15 of the Charter of Rights and Freedoms to retain their compensation benefits under the act.

Currently, section 36 of the act requires workers' compensation benefits paid to surviving spouses be terminated upon remarriage. Since the Charter of Rights and Freedoms came into force in April 1985, all Canadian jurisdictions with the exceptions of the Northwest Territories and Nunavut, have eliminated this provision from their respective acts. I think that it should be noted that the WCB developed a comprehensive legislative proposal containing a number of amendments to the Workers' Compensation Act in 1995-96. This package of amendments included the deletion of section 36. The government of the day did not introduce those amendments.

The WCB then proposed a solution which entailed bringing an application to the Supreme Court to decide the issue for all surviving spouses including those who remarried prior to the Charter of Rights and Freedoms equality section coming into force. Because there would be significant legal costs in such a case, the WCB has agreed to pay the surviving spouses' legal costs. The application will be heard May 1st and 2nd. The WCB's role is to provide evidence and explanations to the court on all matters related to surviving spouse pensions. The WCB is not taking a position, either pro or con, on the constitutional issues.

Mr. Chairman, having examined all of the issues closely, I have concluded that a proactive approach would best serve the interests of the surviving spouses. I see no point in putting widows who remarried after April 1985 through further delays and court proceedings before they receive what is rightfully theirs. In this bill, I propose that these surviving spouses be allowed to continue receiving pension benefits after remarriage.

In recognition of this potential liability, the WCB has set aside a contingency reserve of $5 million. It is estimated that the total cost to the accident fund of reinstating benefits to the 11 surviving spouses, whose pensions were terminated upon remarriage after April 1985, will be approximately $5 million.

Finally, it should be noted that this bill does not address the pensions of the five surviving spouses who had their pensions terminated prior to April 17, 1985 because of remarriage. To change the Workers' Compensation Act in a way that acknowledges that section 15 of the Charter of Rights and Freedoms is retroactive to an unspecified time would set a precedent with unknown implications.

The solicitor for the widows has expressed a desire to settle all outstanding claims without the need for litigation. Therefore, it is my intention to have the WCB pursue other ways of resolving the five pre-1985 cases as expediently as possible. If a settlement is reached, I would ask the Assembly to enact legislation to implement it. Mr. Chairman, that concludes my opening comments. I am pleased to answer any questions Members may have. Thank you.