Thank you, Mr. Chairman. Mr. Chairman, the Standing Committee on Accountability and Oversight conducted public reviews of Bill 14, An Act to Amend the Public Service Act, on April 23, May 7 and June 2, 2003. The committee would like to thank the Union of Northern Workers for its submission and the Minister and his staff for presenting the bill.
The majority of committee Members support the principle and objective of the bill which will provide for equal pay for work of equal value for the GNWT public service in NWT legislation, so that any future pay equity complaints can be settled here rather than in Ottawa.
Most Members support the Minister's efforts to obtain from the federal government an exemption for the NWT under section 66 of the Canadian Human Rights Act. Until this exemption is granted, it will still be necessary for pay equity complaints by GNWT employees to be resolved under the federal framework.
The Union of Northern Workers has indicated that it does not support the bill because in its opinion, equal pay for work of equal value should be included in the NWT Human Rights Act and should apply to all employers regardless of size.
Some Members agreed that pay equity should also apply to at least larger private sector employers. Some Members also expressed concerns that the scope of the act is not broad enough and should also prohibit pay discrimination between aboriginal and non-aboriginal employees and include employees who perform public services, but are not directly employed by the GNWT. Although a majority of the committee supports the intent of the bill, Mr. Speaker, Members are not convinced that a stand-alone equal pay commissioner is needed.
The committee suggested to the Minister that in order to avoid unnecessary duplication and expense, pay equity complaints could be handled through the offices that will be set up under the new Human Rights Act.
The Minister indicated that a designated equal pay commissioner is necessary because of the time involved in resolving pay equity complaints, the complexity of pay equity issues and the need for an individual with special expertise on pay equity.
Members believe the new Human Rights Commission and staff would be capable of finding and hiring adequate pay equity expertise if and when a complaint should be made. There would then be no need to spend any funds to retain an officer in the absence of a complaint. Members are disappointed the Minister was not able to find a way to avoid establishing a new office with all of the attended costs.
Mr. Chairman, during the clause-by-clause review of the bill, the committee moved and the Minister concurred with seven amendments to the bill. In addition to making a number of minor technical changes, these amendments add the following: a requirement for the equal pay commissioner to have expertise in pay equity; provisions for regulations to set out the remuneration for the equal pay commissioner and how expenses will be reimbursed; a description of the function of the equal pay commissioner to receive complaints, assist parties in resolving them and promote awareness and understanding of equal pay for work of equal value; the requirement for the equal pay commissioner to submit an annual report to the Speaker by July 1st of each year; and, a statement to the preamble that equal pay for work of equal value is internationally recognized as a human right.
Mr. Chairman, an amendment was also made which changes the limitation period following a complaint from one year to two years after the last occurrence of the circumstances giving rise to the complaint.
Members also had concerns with the regulation-making authorities with the equal pay provisions. As the bill currently reads, the authority to recommend regulations rests with the Minister responsible for the public service. First, Members do not believe it is appropriate for a Minister to recommend the regulations setting their remuneration and other conditions of appointment for a statutory officer of the Legislative Assembly. This authority properly belongs to the Speaker.
Secondly, Members disagree that the Minister should have the authority to recommend substantive regulations respecting equal pay complaints. If this legislation is to establish a truly independent and credible framework for resolving pay equity matters, the Minister cannot have the authority to definitively set out the foundations of those principles.
After considerable discussion with the Minister and his staff, the government has agreed to introduce amendments as we consider the bill today to address committee concerns. Members will support the motion to amend the act so that the Speaker will have the authority to recommend regulations setting out remuneration and other conditions of appointment for the equal pay commissioner and so the Commissioner and Executive Council will have the authority to recommend substantive regulations on equal pay complaints in consultation with the equal pay commissioner.
Mr. Chairman, this concludes the committee's opening comments on Bill 14. Individual Members may have individual questions or comments as we proceed. Following the committee review, a motion was carried to report Bill 14, An Act to Amend the Public Service Act, to the Assembly as ready for Committee of the Whole. Thank you, Mr. Chairman.