Thank you, Mr. Roland. Mr. Handley.
Debates of March 8th, 2002
This is page numbers 479 - 506 of the Hansard for the 14th Assembly, 5th 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
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 504
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 504
Joe Handley Weledeh
Mr. Chairman, the Interpretation Act provides the authority for a Minister to act for or as another Minister. There is no formal procedure that governs how this would be performed or recorded. There is no formal process for it. Thank you.
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 504
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 504
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. So in fact, there was no formal decision that you are aware of that would put somebody else to act in your role as Minister responsible for the Public Service Act?
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 504
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 504
Joe Handley Weledeh
Mr. Chairman, as I mentioned before, I removed myself from any discussions with regard to the whole conflict process very early on. These issues here, these matters before us here, were deemed to be related to the conflict process. The Premier, on the advice of senior staff, assumed that responsibility as Minister for the Public Service Act. Thank you.
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 504
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 504
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. I guess I would be surprised that there would be no formal sort of discussion that this would flow, especially after the conflict process was concluded, a decision was rendered, the House had spoken and made decisions and end of report, is my understanding of any special committee work. That aside, Mr. Chairman, when I look at the Public Service Act and I refer to section 16 referring to appointments:
Subject to subsection 16.1(1) and 17(2) and (3), the Minister has the exclusive right and authority to appoint persons to positions in the public service.
It refers to "exclusive". This act would have priority over the Interpretation Act, which is just very general in nature. I would like to know if there are any other acts that would have this wording that the Minister has exclusive right and authority. Thank you, 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 504
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 504
Joe Handley Weledeh
Mr. Chairman, I think that is correct, but the Interpretation Act allows for another Minister to act for or as the Minister with all the duties and responsibilities that go with that task.
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 504
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 504
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Not being a lawyer myself, but seeing that this is a fairly precise wording, and the Interpretation Act, to my understanding, is general in nature and would allow for some flexibility, but I see this as being very specific. I would like to get an interpretation on this and which act would be over another if in fact the Interpretation Act would come over and supersede, in a sense, the Public Service Act in this terminology. Thank you, 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 504
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 504
Joe Handley Weledeh
Mr. Chairman, the Interpretation Act allows for one Minister to act for another. It does not take over or supersede for it. It simply allows for another Minister to act.
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 504
The Chair Paul Delorey
Thank you, Mr. Handley. I am going to ask for a legal opinion on the act. Would it be okay to ask Ms. Peterson a legal opinion on that, Mr. Roland?
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 504
Floyd Roland Inuvik Boot Lake
Yes, Mr. Chairman, I would ask that the Law Clerk give us some information on this. Thank you.
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 504
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 504
Law Clerk Ms. Peterson
Thank you, Mr. Chairman. I may have to ask Members for some time on this because of the situation. I think the Interpretation Act is perhaps more complex than it seems on first blush. Allow me to give you some initial thoughts on it.
Generally speaking, in statutory interpretation, when you have a piece of legislation that is specific in its nature and jurisdiction and there is a statute of general application where those two statutes are in conflict, the specific statute will prevail because it is dealing with the narrower and more specific approach.
The word "Minister" I think occurs fairly frequently throughout our statutes -- well, I know it occurs very frequently throughout our statutes. The Public Service Act is somewhat exceptional in granting to the Minister responsible for the public service exclusive authority.
Now, I have not done any historical research on that, but from a policy perspective, that makes sense because of the nature of the position that the Minister occupies in that portfolio and the responsibility for public service. It is an area that particularly from a policy perspective, you want the responsibility to rest in one individual so that other individuals cannot sort of muck about, if I can put it that way, in employment matters. There are some fairly compelling reasons to restrain or keep within a fairly tight box the responsibility for the Public Service Act.
I think you need something in more detail and more refined than what I am giving you off the top of my head. With the permission of Members, I would like an opportunity to spend some time looking at that statutory interpretation. I think it is an important one for everyone here. I would like to have a look at it and get back to you as quickly as I can on it.
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 505
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 505
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. I would gladly accept that and hope that we can have that information as we resume this come Monday. Thank you.
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 505
The Chair Paul Delorey
Thank you, Mr. Roland. The Chair will recognize the clock and will rise and report progress. I thank the Minister and his witness for appearing.
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 505
The Speaker Tony Whitford
The House will come back to order. Item 20, report of committee of the whole. The honourable Member for Hay River North, Mr. Delorey.
Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole
Page 505
Paul Delorey Hay River North
Thank you, Mr. Speaker. Mr. Speaker, your committee has been considering Bill 2 and Bill 9 and would like to report progress. Mr. Speaker, I move the report of the committee of the whole be concurred with.
Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole
Page 505
The Speaker Tony Whitford
Thank you, Mr. Delorey. Do we have a seconder for the motion? The honourable Member for Nahendeh, Mr. Antoine, seconds the motion. We have a motion on the floor. The motion is in order. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried. Item 21, third reading of bills. The honourable Member for Nunakput, Mr. Steen.
Bill 7: An Act To Amend The Legislative Assembly Retiring Allowances Act And The Supplementary Retiring Allowances Act
Item 21: Third Reading Of Bills
March 8th, 2002
Page 505
Vince Steen Nunakput
Thank you, Mr. Speaker. Mr. Speaker,
I MOVE, seconded by the honourable Member for Inuvik Twin Lakes, that Bill 7, An Act to Amend the Legislative Assembly Retiring Allowances Act and the Supplementary Retiring Allowances Act, be read for the third time. Thank you, Mr. Speaker.