This is page numbers 929 - 964 of the Hansard for the 14th Assembly, 6th 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 communities.

Topics

Bill 25: Municipal Statutes Replacement Act
Item 18: Second Reading Of Bills

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. We have a motion on the floor. The motion is in order. To the principle of the bill. The honourable Member for Great Slave, Mr. Braden.

Bill 25: Municipal Statutes Replacement Act
Item 18: Second Reading Of Bills

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Bill Braden

Bill Braden Great Slave

Mr. Speaker, I would like to indicate my wholehearted support for this initiative. Like a couple of other bills that are before us now, this was one that we had some concerns would be lost in the mist and the fog in the latter part of our term of here, but I'm happy to see it coming forward. I've had discussions on a frequent and regular basis with our counterparts at the City of Yellowknife, expressing their desire to see this come through.

Mr. Speaker, the municipalities of the Northwest Territories are creations of this Assembly. We have a duty to enable them to be good government in their own spheres. So what we're doing here is modernizing and updating, and I think giving a broader sphere of discretion and jurisdiction to our municipal counterparts. I know there's, especially in the area of municipal liability and insurance, costs for policies that, of late, have been especially troublesome and costly. I know that this at least is one area where, through the passage of this bill, we can provide some immediate improvement in the way they are able to govern themselves.

So I just wanted to express my support and appreciation to see this bill come before us, even at this late date. Thank you.

Bill 25: Municipal Statutes Replacement Act
Item 18: Second Reading Of Bills

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. To the principle of the bill.

Bill 25: Municipal Statutes Replacement Act
Item 18: Second Reading Of Bills

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An Hon. Member

Question.

Bill 25: Municipal Statutes Replacement Act
Item 18: Second Reading Of Bills

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The Speaker

The Speaker Tony Whitford

Question has been called. All this in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried.

---Carried

Bill 25 has had second reading and, accordingly, the bill stands referred to a committee. Item 18, second reading of bills. The honourable Member for Inuvik Twin Lakes, Mr. Allen.

Bill 26: Youth Justice Act
Item 18: Second Reading Of Bills

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Roger Allen

Roger Allen Inuvik Twin Lakes

Mr. Speaker, I move, seconded by the honourable Member for Yellowknife Centre, that Bill 26, Youth Justice Act, be read for the second time.

Mr. Speaker, this bill provides for a youth justice system that would apply to young persons charged with committing offences under Northwest Territories enactments and municipal bylaws. The new system would correspond to the federal youth criminal justice system set out in the new federal Youth Justice Act, which applies to young persons charged with offences under the Criminal Code and other federal legislation.

The bill provides for committees of citizens, called youth justice committees, to be designated to assist in the administration of the bill or in programs or services for young persons. The bill also provides for groups of persons, called conferences, to be convened to make decisions in particular cases of young persons charged with territorial offences.

The bill provides for extrajudicial measures that may, where appropriate and having regard to principles stated in the bill, be used instead of judicial proceedings to deal with a young person who is alleged to have committed an offence. Extrajudicial measures include warnings, cautions, referrals and more formal measures called extrajudicial sanctions. Where a young person is made subject to extrajudicial sanctions, but fails to comply with the sanctions, judicial proceedings may be taken.

The bill also provides for summary judicial proceedings against young persons charged with committing territorial offences. The bill sets out the types of youth sentence that a youth justice court may impose on a young person who is convicted or found guilty of a territorial offence. The bill provides that where a young person is convicted or found guilty of an offence under a territorial law, the period of custody may not exceed six months and is to be served only in open custody.

The bill would replace the Young Offenders Act and make consequential amendments to several other statutes. Thank you, Mr. Speaker.

Bill 26: Youth Justice Act
Item 18: Second Reading Of Bills

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. We have a motion. The motion is in order. To the principle of the bill.

Bill 26: Youth Justice Act
Item 18: Second Reading Of Bills

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Some Hon. Members

Question.

Bill 26: Youth Justice Act
Item 18: Second Reading Of Bills

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The Speaker

The Speaker Tony Whitford

Question has been called. All those in favour, please signify. All those opposed? Thank you. The motion is carried.

---Carried

Bill 26 has had second reading and, accordingly, the bill stands referred to a committee. Item 18, second reading of bills. The honourable Member for Inuvik Twin Lakes, Mr. Allen.

Roger Allen

Roger Allen Inuvik Twin Lakes

Thank you again, Mr. Speaker. I move, seconded by the honourable Member for Nahendeh, that Bill 27, An Act to Amend the Access to Information and Protection of Privacy Act, be read for the second time.

Mr. Speaker, this bill amends the Access to Information and Protection of Privacy Act to provide further powers to the Information and Privacy Commissioner related to his or her review of complaints regarding access to information made under this act. He or she will have the power to summon witnesses and to require the witness to give evidence. The bill includes a more direct appeal mechanism to the Supreme Court, that will apply if, after reviewing the complaint about access to information, the Information and Privacy Commissioner concurs with the decision to act or failure to act by the head of a public body. Change is also made so that failure by the head of a public body to make a decision within 30 days after receiving the report and recommendations from the Information and Privacy Commissioner will be deemed to be a decision to refuse to follow the recommendations. There is a provision allowing a person to appeal a deemed decision of the head of a public body to the Supreme Court.

Finally, changes are included to enable the Information and Privacy Commissioner to review complaints respecting whether a public body has collected, used or disclosed a person's personal information in contravention of the privacy requirements in the act. Thank you, Mr. Speaker.

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. We have a motion and the motion is in order. To the principle of the bill.

Some Hon. Members

Question.

The Speaker

The Speaker Tony Whitford

Question has been called. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried.

---Carried

Bill 27 has had second reading and, accordingly, the bill stands referred to a committee. Item 18, second reading of bills. Item 19, consideration in Committee of the Whole of bills and other matters: Bill 14, An Act to Amend the Public Service Act, 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

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The Chair

The Chair Paul Delorey

I call Committee of the Whole to order. We're here to consider Bill 14. Does the committee wish to continue with Bill 14? 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

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Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. Yes, I'd like to recommend that committee consider Bill 14.

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 Paul Delorey

Does the committee agree?

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.

---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 Paul Delorey

The chair will call a short break and come back and consider Bill 14.

---SHORT RECESS

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

June 10th, 2003

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The Chair

The Chair Paul Delorey

I will call the committee back to order. We are considering Bill 14, An Act to Amend the Public Service Act. I call on the Minister responsible for the bill, Mr. Handley.

Minister's Opening Comments

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Thank you, Mr. Chairman. Since this Legislative Assembly was first elected, it has worked hard to foster the development of social and economic life in the Northwest Territories, particularly in the area of human rights.

Once human rights were identified as a priority, our government embarked on a progressive human rights agenda. The first phase of this agenda was to enact the NWT Human Rights Act. As a result, the NWT now has a human rights code in place that is second to none in Canada.

The second phase was to propose amendments to the NWT Public Service Act to provide equal pay for work of equal value to the GNWT public service through Bill 14. This bill will ensure that once the Canadian Human Rights Act no longer applies to the GNWT, that our public servants will continue to maintain equivalent coverage.

Equal pay for work of equal value was designated to prevent systemic discrimination in compensation for work done for an employer by men and women.

I wish to thank the Standing Committee on Accountability and Oversight for their contributions to this bill. Thank you.

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Handley. I call on the chairman of the standing committee responsible for reviewing this bill, Mr. Dent.

Standing Committee On Accountability And Oversight Comments

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Frame Lake

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.

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Is the Minister wishing to bring in any witnesses? Mr. Handley.

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Joe Handley

Joe Handley Weledeh

Yes, Mr. Chairman.

Bill 14: An Act To Amend The Public Service Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 956

The Chair

The Chair Paul Delorey

Does the committee agree?