Debates of June 18th, 2002

This is page numbers 833 - 910 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

Members Present
Item 1: Prayer
National Aboriginal Day
New Mandate/secretariat For Youth Minister
Fire Core Training Certification Ceremony
National Aboriginal Day
Preferential Treatment For Yellowknife
Inuvik Petroleum Show 2002
National Aboriginal Day
Knowledge Management Strategy Recommendations
Achievement Levels Of High School Graduates
Programs For Housing Maintenance And Repairs
Business Incentive Policy Limerick
Effect Of Class Sizes On Learning
Mining Week 2002
Yellowknife High School Graduation Ceremonies
National Aboriginal Day
Thomas Simpson High School Graduation Ceremonies
Passing Of Noah Selamio
National Aboriginal Day
Item 4: Returns To Oral Questions
Item 5: Recognition Of Visitors In The Gallery
GNWT Knowledge Management Strategy
Drug And Alcohol Treatment Programs
Student Hiring At Hay River Hospital
Status Of Aboriginal Language Specialists
Dogrib Self-government And Land Claim Negotiations
Review Of Financial Administration Manual Directive
Maintenance Costs Incurred By NWT Housing Corporation Clients
Competition Bureau Ruling On Canadian Diamonds
Staff Shortage At Stanton Hospital
Conditions On Health Board Funding
Relief For Evicted Social Housing Clients
Impact Of Dust On Population Health
Increase Under The Fur Pricing Program
Mackenzie Valley Oil And Gas Pipeline
Addressing Critical Housing Needs
Water Service In Fort Mcpherson
Stockpiling Of Crushed Gravel
Impacts Of Resource Development
Municipal Taxation And Treaty Rights
Poor Condition Of The Fort Mcpherson Water Source Access Road
Municipal Taxation And Treaty Rights
Fire Core Training Certification
Municipal Taxation And Treaty Rights
Fort Mcpherson Fire Truck
Written Question 4-14(5): Initialling Of The Final Dogrib Claim
Written Question 5-14(5): Financial Assistance For Students With Disabilities
Written Question 6-14(5): Aurora College Nursing Program
Petition 2-14(5): Funding For Educating Bodies
Committee Report 9-14(5): Progress Report On The Review Of The Official Languages Act
Tabled Document 48-14(5): Package Of Letters Regarding The Detrimental Effects Of Classroom Overcrowding
Extended Adjournment Of The House To October 16, 2002
Extended Adjournment Of The House To October 16, 2002 (carried)
Bill 17: Supplementary Appropriation Act, No. 1, 2002-2003
Bill 17: Supplementary Appropriations Act, No. 1, 2002-2003
Bill 18: Forgiveness Of Debts Act, 2002-2003
Bill 19: Write-off Of Debts Act, 2002-2003
Bill 21: Health Statutes Amendment Act
Schedule A -- Amendments To Certified Nursing Assistants Act
Schedule B -- Amendments To The Dental Auxiliaries Act
Schedule C -- Amendments To Dental Mechanics Act
Schedule D -- Amendments To Dental Profession Act
Schedule E -- Amendments To Guardianship And Trusteeship Act
Schedule F -- Amendments To Hospital Insurance And Health And Social Services Administration Act
Schedule G -- Amendments To Medical Care Act
Schedule H -- Amendments To Medical Health Profession Act
Schedule I -- Amendments To Optometry Act
Schedule J -- Amendments To Pharmacy Act
Schedule K -- Amendments To Public Health Act
Schedule L -- Amendments To Veterinary Profession Act
Schedule M -- Amendments To Vital Statistics Act
Bill 22: An Act To Amend The Child And Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
To Repeal Subsection 2(3) Of The Legislative Assembly And Executive Council Act (carried)
To Enact Electoral Districts Boundaries Commission Legislation (carried)
Item 20: Report Of Committee Of The Whole
Item 22: Orders Of The Day

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

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Some Hon. Members

Agreed.

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

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The Chair

The Chair David Krutko

Ms. Lee.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. I have a question on page 5, on section 27.2(1).

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

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The Chair

The Chair David Krutko

Excuse me, Ms. Lee, but we are not at that section yet. We are dealing with clause 18. We will get there momentarily. Page 5, clause 18.

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

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Some Hon. Members

Agreed.

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

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The Chair

The Chair David Krutko

Clause 19.

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

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Some Hon. Members

Agreed.

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

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The Chair

The Chair David Krutko

Clause 20. Ms. Lee.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. Mr. Chairman, I have a question for the Minister with regard to section 27.2(1). Reading that, it is not entirely clear what exactly the Minister's power is in terms of what can be included in a collaborative practice agreement. Specifically, the wording halfway down, where it says: "Subject to this act, the regulations and the guidelines approved by the Minister may include the following." I am just wondering if the intent of this is to limit the scope of the practice by saying may, or is it to say the agreement will include this plus whatever the Minister may deem appropriate?

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

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The Chair

The Chair David Krutko

Mr. Minister.

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

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. Mr. Chairman, given Ms. Lee's background, I will ask Ms. Cooper to give a legal interpretation.

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

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The Chair

The Chair David Krutko

Ms. Cooper.

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

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Cooper

Mr. Chairman, the intention of this section is that the agreement may not go beyond the guidelines approved by the Minister, and those guidelines would be approved under sub-section 6.3, sub 2, which was dealt with in clause 6. 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

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The Chair

The Chair David Krutko

Ms. Lee.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. I have to seek your guidance. Are we allowed to go back and look at it and have the clause be considered at the same time as this clause?

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

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The Chair

The Chair David Krutko

To clarify your question, I would like to ask the Minister if he can elaborate a little more with regard to clause 6, so we can deal with the question that has been asked by Ms. Lee? Mr. Minister.

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

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Michael Miltenberger

Michael Miltenberger Thebacha

Mr. Chairman, I would once again ask Ms. Cooper to provide legal interpretation.

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

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The Chair

The Chair David Krutko

Thank you, Mr. Minister. Ms. Cooper.

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

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Cooper

Mr. Chairman, under clause 6, section 6.3, under sub-section 1, the board of directors may recommend to the Minister guidelines respecting the practice of nurse practitioners, so these would be general guidelines dealing with the outer limit of the scope of the practice. Under the proposed section 6.3, sub 2, the Minister is given the discretion to approve guidelines respecting the practice of nurse practitioners. I do not know if that is of assistance.

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

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The Chair

The Chair David Krutko

Ms. Lee.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. On the answer that has been given by legal counsel, I understood it to mean that this section 27.2 limits the scope, or at least draws the boundary within which the Minister can operate in and describes the power of the Minister. However, going by the second part of the answer that was just given, under section 6.3, one would think that the Minister is being given more power, depending on what the direction of the board of directors is.

I would like to seek more clarification with best advice from the officials in this House. Perhaps the Law Clerk could intervene on this. I would like to be clearer about exactly what power the Minister is being given under this section. 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

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The Chair

The Chair David Krutko

Thank you, Ms. Lee. I do not know if the Law Clerk has anything to add to clarify your question, but I will pass it on to the Law Clerk. Ms. Peterson.

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

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Law Clerk Ms. Peterson

Thank you, Mr. Chairman. Section 27.2, as I read it, gives the Minister authority to craft guidelines in the areas that are set out in paragraphs (a), (b), and (c), so he cannot craft guidelines falling outside of those general descriptions.

However, I think what may be more important to remember about paragraph 27.2 is that this refers to a written agreement, in which authorized acts as set out may be included. That written agreement would be signed by one or more nurse practitioners, one or more medical practitioners, and the person or body responsible for the operation of the designated site or the administrative person on site. The authority contemplated in that section is always going to be bound within the agreement that is signed by those parties. I do not know whether that is of assistance to the Member.

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

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The Chair

The Chair David Krutko

Thank you, Ms. Peterson. Ms. Lee.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. I appreciate the advice of the Law Clerk, that subsections (a), (b), and (c) limits and clearly defines the scope of the Minister's power under this section. I think I am prepared to accept that, but I would like to seek one more clarification on the same topic. Why is it then that the word "may" is used under that paragraph instead of "shall"? In the Law Clerk's opinion, would the sections previously mentioned, section 6.3(1), does that in your view change anything in your interpretation of section 27.2, subsection 1? Thank you, Mr. Chairman.