Thank you, Mr. Chairman. The Standing Committee on Accountability and Oversight conducted public reviews of Bill 23, An Act to Amend the Safety Act, on August 28 and September 19, 2003. The committee would like to thank the Minister and his staff for presenting the bill. There were no other witnesses.

The committee was pleased to see these amendments which will help make NWT workplaces safer. Some of the amendments address recommendations made in the December 2001 report of the WCB Legislative Review Panel titled Act Now. The committee is particularly supportive of the creation of the Safety Advisory Committee made up of representatives from employers and workers which will have a mandate to make recommendations to the Minister on the act and regulations.

Members requested clarification on amendments that would make suppliers responsible for the safety of equipment and other things they provide to workplaces. The committee was advised that the supplier's obligation is limited to providing safe equipment and instructions for use. If someone uses the equipment in a manner that they are not supposed to and the supplier has provided safe equipment and proper instructions, the supplier will not be held responsible.

The committee was also advised that the definition of "supplier" is broad and could include a number of individuals and businesses in a particular case; for example, storefront operations, which might not be very familiar with all the equipment they are supplying.

The WCB would look at the facts of each case and would only be interested in prosecuting those who are truly responsible for unsafe supplies. The Minister's staff also clarified that owners are only responsible for safety where there is no principal contractor on a worksite. The example provided is if a building owner hired some people to wash the windows, that owner would be responsible for safety. If the owner hired a contractor to wash the windows, safety would be the contractor's responsibility. The committee did have a concern that the bill would remove the existing subsection 11(3) from the act. Section 11(3) currently reads, "Except for the purposes of this act, no safety officer shall divulge the name of any person from whom information is obtained in confidence." This section contains what is commonly referred to as protection for whistleblowers.

In combination with other provisions of the act, it is designed to ensure that no consequences will be directed towards persons making complaints to safety officers regarding safety concerns. Confidentiality in such situations is key to that protection.

The Minister and his staff advised the committee that it was not necessary to keep the provision in the Safety Act because the Access to Information and Protection of Privacy Act provides similar protections. Members were, however, concerned that the Access to Information and Protection of Privacy Act might not provide as strong a protection as subsection 11(3) and also believed it was useful to have a clear statement on confidentiality in the Safety Act itself.

It is the committee's understanding that the Minister will be bringing forward a motion in Committee of the Whole to amend the bill to reinstate a provision similar to subjection 11(3). The committee will be supporting this motion.

During the discussion on subsection 11(3), Members also raised concerns there may not be adequate protection to people who make safety complaints of their employers. Members realize this issue goes behind the scope of Bill 23, but would recommend the WCB undertake research and give consideration to whether further amendments are needed.

During the clause-by-clause review of Bill 23, the committee passed four motions to amend the bill at the request of the Minister. Two of the motions will remove provisions allowing for specific penalties to be set out in regulations. The committee was advised by the Minister that these amendments were no longer necessary as a summary of convictions procedures regulations provide the required authority. Another motion provides that the bill will come into force on a day or days to be fixed by the order of the Commissioner, rather than immediately. This amendment was necessary because some sections in the bill cannot be brought into effect until regulations are in place. The amended provision will allow time for the Safety Advisory Committee to develop recommendations for regulations. The fourth motion was of a minor and non-substantive nature.

This concludes the committee's opening comments on Bill 23. Individual Members may have additional questions or comments as we proceed. Following the committee's review, a motion was carried to report Bill 23, An Act to Amend the Safety Act, to the Assembly as ready for Committee of the Whole. Thank you, Mr. Chairman.