This is page numbers 153 - 190 of the Hansard for the 14th Assembly, 4th 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 chairman.

Topics

Committee Report 4-14(4): Response To The Report On The Human Resources Management Study
Item 11: Reports Of Standing And Special Committees

Page 171

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker.

Introduction

On June 22, 2000, the Legislative Assembly adopted Motion 5-14(3) Establishment of a Public Service Commission. As a result of this motion, in the fall of 2000 the Government of the Northwest Territories contracted the firm of Grant Thornton LLP to:

  • • carry out a comprehensive study on the state of human resource management across the Government of the Northwest Territories, and;
  • • recommend options for improvement including affirmative action results, and consideration of a Public Service Commission model.

Grant Thornton and Associates submitted their report to the Government in December 2000.

Committee Review of the Report

The Honourable Stephen Kakfwi, Premier, transmitted the Draft Human Resource Management Study Report to the Standing Committee on Accountability and Oversight on January 15, 2001 for comment. The Committee met to consider the report on April 4, 2001 and again on June 11, 2001. Witnesses included the Honourable Jane Groenewegen, Deputy Premier; Mr. John Holdstock and Ms. Elaine Todres, Grant Thornton and Associates; Mr. Lew Voytilla, secretary to Financial Management Board; Ms. Liz Snider, secretary to Cabinet; Ms. Lynn Elkin, senior human resource advisor, Department of the Executive; Ms. Sylvia Haener, director, labour relations and compensation, Financial Management Board Secretariat; and Ms. Sheila Bassi, executive assistant to Mrs. Groenewegen.

The Committee understands that Cabinet has not yet formally responded to the recommendations in the Draft Human Resource Management Study and therefore this document is a general response to the Grant Thornton report only.

Recognizing the importance of the work to date and desiring to seek continued examination of options, the committee has already provided general comments through letters to the Premier and the chairman of the Financial Management Board. The Standing Committee on Accountability and Oversight looks forward to reviewing the government's response to the recommendations in the near future.

The committee notes that the Draft Human Resource Management Study, completed by Grant Thornton and Associates, recommends an independent appeal process, but suggests it does not need to be a Public Service Commission. They further recommend continuation of a decentralized approach to human resource functions with some increase in coordination and monitoring by central agencies:

"In our view, the concerns expressed to us and the problems identified with the appeals process, support the need for an independent and more visible appeals function. However, we do not advocate establishing a separate agency for all other human resource functions, since experience in the GNWT and in jurisdictions elsewhere suggests that, increasingly, these functions are more effective if managed in a decentralized environment, albeit with some central coordination and monitoring. As a result, a Public Service Commission is unnecessary primarily for the appeals function." (Thornton, 2000, p. 93)

The Thornton Report (2000) reinforces their recommendation that an independent commission or directorate is needed:

"Nevertheless, given the degree to which the employment process in the GNWT is clearly important to so many Northerners, we believe there is merit in establishing an autonomous appeals function where there is a trust in the efficacy and impartiality of the function. This could be accomplished by establishing a separate Appeals Directorate or Commission with an independent head and appeals officers." (p. 94)

While Members support the recommendation that a "separate appeals directorate or commission with an independent head and appeals officers" be created, we are not yet convinced that such a body should focus only on appeals. The report appears to conclude that there is no significant organizational change needed other than the establishment of an independent appeals entity. If a Public Service Commission or Appeals Directorate is established to focus only on appeals then Thornton appears to feel that a new approach to human resource management can be accomplished within existing departments. This approach will likely not address Members' concerns related to coordination of human resource management practices throughout the public service. Further, we have not been convinced that increasing the role of Financial Management Board Secretariat and the Executive will necessarily solve concerns that Members have heard from their constituents about human resource issues.

If there is to be accountability and government-wide implementation of human resource management polices and programs that advance Legislative Assembly priorities, there must be an entity that acts in the public interest. Such an entity must show that this Assembly is committed to a civil service that is professional, non-partisan, and representative. The report suggests that enhancing the role of corporate human resources would improve overall performance and compliance with existing policies. There is not sufficient detail provided to show how this would address the government's ability to effectively coordinate the human resource needs of the public service any better than our government has done since Personnel was disbanded. Nor does the recommendation deal with the need for adequate reporting, monitoring and accountability by the Government of the Northwest Territories to the public.

To move the process along, the report recommends that a task force comprised of deputy ministers develop a detailed implementation program for the direction proposed by the study. Members are not supportive of such an approach until there is a mechanism to ensure ongoing involvement of the Members of the Legislative Assembly to provide a political oversight function. At the very least, detailed terms of reference should be developed to guide the task force. One possible approach might include setting up a working group of Cabinet and Regular Members to work on a draft response to the Thornton report for review by Cabinet and standing committee.

The Premier has proposed that a committee of Members travel to different jurisdictions this fall to examine how they handle their human resources functions. At this time, members of the standing committee feel they can gain sufficient understanding of practices in other jurisdictions through briefing materials, but welcome the Premier's offer to work with the standing committee. Since there must be some mechanism to involve political oversight of the process as it proceeds:

Recommendation 1
Item 11: Reports Of Standing And Special Committees

Page 171

Brendan Bell

Brendan Bell Yellowknife South

The Standing Committee on Accountability and Oversight recommends that a working group consisting of Members appointed from the Executive Council and Members appointed from the Standing Committee on Accountability and Oversight be established to set a framework and oversee the implementation of a human resources policy and program.

Given committee support for an independent body to oversee the appeals process, whether that is through a body called a Public Service Commission or something else, and with a similar recommendation found in the Grant Thornton report, we think the government should commit to some more detailed work examining how such a body might fit into our human resources plan. At the same time, since Members have not agreed that overseeing the appeals process should be the commission's only role, the work should look at other areas that might fit within the role of the body.

Recommendation 2
Item 11: Reports Of Standing And Special Committees

Page 171

Brendan Bell

Brendan Bell Yellowknife South

The Standing Committee on Accountability and Oversight recommends that the government, through an established joint working group, continue to work toward the establishment of an independent body that would be responsible for safeguarding the values of a professional civil service;

And further, that such a body or commission would be established as an independent, arms length entity to hear appeals and to report to the Legislative Assembly annually on the Northwest Territories public service;

And furthermore, subject to further direction, that body or commission would assume such other human resources roles assigned to it.

In general, Members are supportive of the reasons cited for an Employment Equity Policy. We believe that employment equity is a commitment that eliminates discrimination in employment and achieves and maintains a representative workforce. Such a commitment requires the participation of stakeholders in the development of equity policies. In addition, successful implementation requires that the Legislative Assembly recognizes employment equity as a priority and is committed to an effective program. It remains unclear to Members how this priority will be reflected in the accountability framework of the Department of the Executive and in the specific business plans of the departments. We are also concerned about the process of reframing the Affirmative Action Policy to an Employment Equity Policy. The committee welcomes further discussion on this aspect of the report.

In conclusion, Mr. Speaker, the committee feels that we should continue to move toward establishment of an independent commission or body to hear appeals. This body should report to the Legislative Assembly on an annual basis. However, members are not yet convinced that the other recommendations in the report will improve human resources management throughout the public service. We need to set up a process to further examine how to improve human resource reporting, monitoring, and accountability by the Government of the Northwest Territories to the public.

The Standing Committee on Accountability and Oversight looks forward to continued consultations with the Premier and Cabinet to ensure that these issues are addressed.

Mr. Speaker, that concludes the report of the Standing Committee on Accountability and Oversight on our response to the Human Resources Management Study.

I MOVE, seconded by the honourable Member for Frame Lake, that Committee Report 4-14(4) be received by the Assembly and moved into committee of the whole. Thank you, Mr. Speaker.

Recommendation 2
Item 11: Reports Of Standing And Special Committees

Page 173

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Bell. We have a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried. Committee Report 4-14(4) is moved into committee of the whole at the appropriate time. Item 11, reports of standing and special committees. Item 12, reports of committees on the review of bills. Item 13, tabling of documents. The honourable Member for Weledeh, Mr. Handley.

Tabled Document 14-14(4): NWT Development Corporation 1999-2000 Annual Report
Item 13: Tabling Of Documents

Page 173

Joe Handley

Joe Handley Weledeh

Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following document entitled Northwest Territories Development Corporation 1999-2000 Annual Report. Thank you, Mr. Speaker.

Tabled Document 14-14(4): NWT Development Corporation 1999-2000 Annual Report
Item 13: Tabling Of Documents

Page 173

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Handley. Item 13, tabling of documents. The honourable Member for Inuvik Twin Lakes, Mr. Allen.

Tabled Document 15-14(4): Building The Northwest Territories: NWT Housing Corporation 1999-2000 Annual Report
Item 13: Tabling Of Documents

June 11th, 2001

Page 173

Roger Allen

Roger Allen Inuvik Twin Lakes

Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following document entitled Building the Northwest Territories: NWT Housing Corporation 1999-2000 Annual Report. Thank you, Mr. Speaker.

Tabled Document 15-14(4): Building The Northwest Territories: NWT Housing Corporation 1999-2000 Annual Report
Item 13: Tabling Of Documents

Page 173

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Allen. Item 13, tabling of documents. Item 14, notices of motion. The honourable Member for Great Slave, Mr. Braden.

Motion 4-14(4): Appointment Of A Special Committee On Conflict Process
Item 14: Notices Of Motion

Page 173

Bill Braden

Bill Braden Great Slave

Mr. Speaker, I give notice that on Thursday, June 14, 2001, I will move the following motion:

Now therefore I move, seconded by the honourable Member for Tu Nedhe, that the Legislative Assembly, in accordance with Rule 88(1), hereby establishes a special committee to be named the Special Committee on Conflict Process;

And further, the following Members be named to the special committee:

  • • Mr. Brendan Bell, Member for Yellowknife South;
  • • Honourable Joseph L. Handley, Member for Weledeh;
  • • Mr. Leon Lafferty, Member for North Slave;
  • • Mr. J. Michael Miltenberger, Member for Thebacha; and
  • • Mr. Floyd Roland, Member for Inuvik Boot Lake.

And further, not withstanding Rule 88(2), that the following Members be named as alternate members to the special committee:

  • • Honourable Jim Antoine, Member for Nahendeh; and
  • • Mr. Michael McLeod, Member for Deh Cho.

And further, Mr. Speaker, that the Legislative Assembly establishes the following as the terms of reference for the Special Committee on Conflict Process as follows:

  1. The special committee shall have the authority and is directed to consider all aspects of the application filed by the Member for Hay River South, the Honourable Jane Groenewegen, with the Board of Management on May 7, 2001.
  2. The special committee shall have access to such persons, papers and records necessary to the conduct of its business.
  3. The special committee shall conduct such hearings and meetings as required to consider all aspects in relation to the application.
  4. The special committee is authorized to engage legal counsel and employ such staff as may be necessary to carry out its responsibilities.
  5. The special committee shall report to the Legislative Assembly with its findings and recommendations no later than July 23, 2001.
  6. The special committee is authorized to provide its report to the Speaker if the Legislative Assembly is not in session. The Speaker shall cause the report to be tabled at the first practicable opportunity.

And furthermore, the Legislative Assembly directs the Conflict of Interest Commissioner to suspend any further actions, including but not limited to the submission of the report on the matter of the complaint filed against the Member for Hay River South, the Honourable Jane Groenewegen, until the special committee has reported to the Legislative Assembly and the report has been considered by the Legislative Assembly.

Mr. Speaker, at the appropriate time, I will seek unanimous consent to deal with this motion today. Thank you, Mr. Speaker.

Motion 4-14(4): Appointment Of A Special Committee On Conflict Process
Item 14: Notices Of Motion

Page 174

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. Item 14, notices of motion. Item 15, notices of motion for first reading of bills. The honourable Member for Frame Lake, Mr. Dent.

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Thursday, June 14, 2001, I will move that Bill 12, An Act to Amend the Wildlife Act, be read for the first time. Thank you, Mr. Speaker.

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Dent. Item 15, notices of motion for first reading of bills. Item 16, motions. The honourable Member for Great Slave, Mr. Braden.

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

Bill Braden

Bill Braden Great Slave

Mr. Speaker, I seek unanimous consent to deal with the motion I gave notice of earlier today. Thank you, Mr. Speaker.

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. The honourable Member is seeking unanimous consent to deal with Motion 4-14(4). Are there any nays? There are no nays, Mr. Braden. You may proceed.

-- Interjection

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

The Speaker

The Speaker Tony Whitford

The honourable Member for Hay River South, on a point of order.

Point of Order

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Speaker. Mr. Speaker, I would just like it recorded that I will declare an interest in this matter before the House and I will leave the House and not participate in the discussions or the vote. Thank you.

Bill 12: An Act To Amend The Wildlife Act
Item 15: Notices Of Motion For The First Reading Of Bills

Page 174

The Speaker

The Speaker Tony Whitford

Thank you. Madam Groenewegen is officially leaving the House. Mr. Braden, you have permission to proceed with your motion.

Motion 4-14(4): Appointment Of A Special Committee On Conflict Process (carried)
Item 16: Motions

Page 174

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker.

WHEREAS the Legislative Assembly has enacted the Legislative Assembly and Executive Council Act;

AND WHEREAS the Legislative Assembly has the inherent power to control its own proceedings, privileges or prerogatives;

AND WHEREAS the Legislative Assembly has established the Board of Management to be responsible for the overall management and direction of the Office of the Legislative Assembly and to comply with its statutory requirements;

AND WHEREAS the Legislative Assembly may establish such standing and special committees to aid and advise it as it considers necessary;

AND WHEREAS the Legislative Assembly has the power to discipline its Members and the right to regulate its own internal affairs;

AND WHEREAS the Legislative Assembly has provided for the obligations of Members that they shall perform their duties of office and arrange their private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the Member;

AND WHEREAS the Legislative Assembly recommends to the Commissioner of the Northwest Territories the appointment of Statutory Officers to exercise powers and perform duties as provided for in Statutes of the Northwest Territories;

AND WHEREAS the Legislative Assembly recommends the appointment of a Conflict of Interest Commissioner;

AND WHEREAS in accordance with its authority contained in the Legislative Assembly and Executive Council Act, the Board of Management was considering the matter of the application filed with the Board of Management by the Member for Hay River South, the Honourable Jane Groenewegen;

AND WHEREAS there is a question as to the capacity of the Board of Management to continue consideration of the application;

AND WHEREAS the Conflict of Interest Commissioner has requested the direction of the Legislative Assembly concerning the release of her report in the matter of the complaint filed against the Member for Hay River South, the Honourable Jane Groenewegen;

AND WHEREAS it is in the interests of the Legislative Assembly to resolve the matter;

NOW THEREFORE I MOVE, seconded by the honourable Member for Tu Nedhe, that the Legislative Assembly, in accordance with Rule 88(1), hereby establishes a special committee to be named the Special Committee on Conflict Process;

AND FURTHER the following Members be named to the special committee:

  • • Mr. Brendan Bell, Member for Yellowknife South;
  • • Honourable Joseph L. Handley, Member for Weledeh;
  • • Mr. Leon Lafferty, Member for North Slave;
  • • Mr. J. Michael Miltenberger, Member for Thebacha; and
  • • Mr. Floyd Roland, Member for Inuvik Boot Lake.

AND FURTHER not withstanding Rule 88(2), that the following Members be named as alternate members to the special committee:

  • • Honourable Jim Antoine, Member for Nahendeh; and
  • • Mr. Michael McLeod, Member for Deh Cho.

AND FURTHER that the Legislative Assembly establishes the following as the terms of reference for the Special Committee on Conflict Process as follows:

  1. The special committee shall have the authority and is directed to consider all aspects of the application filed by the Member for Hay River South, the Honourable Jane Groenewegen, with the Board of Management on May 7, 2001;
  2. The special committee shall have access to such persons, papers and records necessary to the conduct of its business;
  3. The special committee shall conduct such hearings and meetings as required to consider all aspects in relation to the application;
  4. The special committee is authorized to engage legal counsel and employ such staff as may be necessary to carry out its responsibilities;
  5. The special committee shall report to the Legislative Assembly with its findings and recommendations no later than July 23, 2001;
  6. The special committee is authorized to provide its report to the Speaker if the Legislative Assembly is not in session. The Speaker shall cause the report to be tabled at the first practicable opportunity;

AND FURTHERMORE, the Legislative Assembly directs the Conflict of Interest Commissioner to suspend any further actions, including but not limited to the submission of the report on the matter of the complaint filed against the Member for Hay River South, the Honourable Jane Groenewegen, until the special committee has reported to the Legislative Assembly and the report has been considered by the Legislative Assembly.

Thank you, Mr. Speaker.

Motion 4-14(4): Appointment Of A Special Committee On Conflict Process (carried)
Item 16: Motions

Page 175

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Braden. There is a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried.

Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters. Ministers' Statements 1-14(4), 3-14(4), 4-14(4) and Bill 4, with Mr. Delorey in the chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 175

The Chair

The Chair Paul Delorey

I will call committee of the whole to order. We have a number of issues to consider. What is the wish of the committee? Mr. Dent.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 175

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. Mr. Chairman, I would like to recommend that we consider Bill 4 first and then, depending on whether we conclude that in a timely manner, we might also consider Minister's Statement 1-14(4).

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 175

The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. The Chair will call a short break and then we will come back and consider Bill 4.

-- Break

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 175

The Chair

The Chair Paul Delorey

I will call the committee of the whole back to order. We are discussing Bill 4, Health and Social Services, operations expenditures, directorate and corporate services, primary and acute care programs, $7,282,974. Mr. Minister, do you want to bring in any witnesses?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 175

Joe Handley

Joe Handley Weledeh

Yes, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 175

The Chair

The Chair Paul Delorey

Does the committee agree?