The motion is in order. To the motion.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Mr. McLeod.

Mr. Chairman, I move that this committee recommends that the Government of the Northwest Territories implement changes in the GNWT structure, organization and operations to ensure that GNWT regional staff can provide more coordinated assistance to the smallest communities. Thank you, Mr. Chairman.

The motion is in order. To the motion.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Mr. McLeod.

Mr. Chairman, I move that this committee recommends that the Government of the Northwest Territories publish plain language, user-friendly reports regarding capital expenditure, service standards, and programs and services in a timely manner. Thank you, Mr. Chairman.

The motion is in order. To the motion.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Mr. McLeod.

Mr. Chairman, I move that this committee recommends that the 15th Legislative Assembly establish a Standing Committee on Small Communities to represent the interests of and improve the quality of life in the non-tax-based municipalities in the Northwest Territories. Thank you, Mr. Chairman.

The motion is in order. To the motion.

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Does the committee agree that Committee Report 13-14(6) is concluded?

Committee Report 13-14(6) is now concluded. The next item on the list we agreed to is Bill 15, An Act to Amend the Workers' Compensation Act. Mr. Handley, do you have any opening comments?

Minister's Opening Comments

Yes, Mr. Chair. Mr. Chairman, it is my pleasure today to discuss with the committee Bill 15, An Act to Amend the Workers' Compensation Act. This bill is the result of a very open and productive process that was undertaken to introduce much needed amendments to an act that has not been substantially changed since it became law over 25 years ago.

Members will recall that a legislative panel was appointed in 2000 to make recommendations for changes to the Workers' Compensation Act and the Safety Act. Made up of representatives from both the NWT and Nunavut, the panel's report, "Act Now," was received by me and Minister Ng in January 2002. The panel consulted extensively with stakeholder groups and other interested members of the public throughout the Northwest Territories and Nunavut, and once again I would like to thank them for their work on this project.

I would also like to thank the Standing Committee on Accountability and Oversight, who spent a great deal of time reviewing this legislation. Our discussions with the AOC were constructive and helpful and I thank them for their contributions.

Mr. Chair, amendments to clearly establish the roles and responsibilities of all players in the system are included in the bill, along with the establishment in legislation of the office of the workers' advisory to help injured workers with their claims. The appointment of the workers' advisory will change from the board to the Minister, as will the workers' advisory's reporting relationship. This will create a direct line of communication and accountability from the workers' advisor to the Minister.

These amendments will also facilitate cooperation between a worker's health care provider, the worker and the WCB, through the process of early assessment, diagnosis and development of a treatment and recovery plan. From time to time, Mr. Chairman, there can be differences of medical opinions with respect to the treatment plan for an injured worker. The amendments mandate a cooperative, consultative approach to help resolve these differences. The amendments would also clarify major sections of the act and make it easier to read and understand. The amended Workers' Compensation Act will be more user friendly.

This bill will address over 70 percent of the recommendations that were made in the "Act Now" report. The amendments will go a long way to improving the Workers' Compensation system in the Northwest Territories and Nunavut, but this bill does not mark the end of the process. A second phase of legislative amendments, including a complete rewrite of the Workers' Compensation Act, is needed to address the remaining "Act Now" recommendations. I hope these amendments will be introduced early in the life of the next government.

In closing, I'd like to thank the members of the legislative review panel who provided the foundation for these amendments. I'd also like to thank the board and staff at WCB and Department of Justice for their dedication to the project, and also the Government of Nunavut for their cooperation in ensuring that this bill will be ready to go forward during the life of our respective governments. Thank you, Mr. Chairman.

Thank you, Mr. Minister. Does the committee responsible for reviewing the bill have any comments? Mr. Dent.

Standing Committee On Accountability And Oversight Comments

Thank you, Mr. Chairman, we do. Mr. Chairman, the Standing Committee on Accountability and Oversight conducted public reviews of Bill 15, an Act to Amend the Workers' Compensation Act, on April 23, May 7, and June 2, 2003. The committee would like to thank all the witnesses for their submissions, and the Minister and his staff for presenting the bill.

The committee supports the government's desire to bring about much-needed changes to the Workers' Compensation Act, many of which were recommended in the "Act Now" report. This legislation is, however, only a first step, as it does not deal with all the recommendations found in "Act Now." Members strongly urge the government to continue this process in order to bring forward a second phase of the new Workers' Compensation Act for consideration early in the life of the new Assembly.

Unfortunately, legislation cannot fix some of the committee's most serious concerns. Especially disturbing to Members is the suggestion by the "Act Now" report and some witnesses that the workers' compensation system has become adversarial, and that in at least a few cases workers have not been treated with dignity and respect.

Members also heard from one witness that the types and amounts of benefits provided by the WCB are insufficient to allow some injured workers to continue to live independently in the Northwest Territories. Members appreciate that the Minister and board staff did commit to reviewing this issue and look forward to hearing back on the results of that review.

Mr. Chairman, Members also understand that the WCB will be preparing a policy respecting traditional aboriginal healers, following the Act Now recommendation on this issue, once the Department of Health and Social Services has developed a definition. In the meantime, the WCB will continue its practice of approving treatment by traditional healers on a case-by-case basis.

While the committee appreciates the internal efforts of the board and staff to reorganize, review policies and shift away from an adversarial corporate culture, Members strongly believe there is still a pressing need for a comprehensive operational and policy review that includes public consultation, and would recommend this be immediately undertaken.

During the clause-by-clause review, Mr. Chairman, the committee passed six motions to amend Bill 15, which were agreed to by the Minister. The first motion was in response to a concern raised by the workers' advisor that will require the WCB's governance council to formally establish a process for consulting with people likely to be affected by a policy before the policy is adopted.

The second motion deleted the clause that would have given the Minister the authority to appoint the chair and deputy chair of the Appeals Tribunal. The act will remain unchanged so that the Minister will continue to appoint the chair and deputy chair on the recommendation of the tribunal. This was seen by Members and the NWT Federation of Labour as necessary to preserve the independence of the tribunal.

The third and fourth motions addressed concerns raised by the workers' advisor. The third motion changed the bill so that compensation will not be denied to a worker who does not comply with a request by the board for information, unless the non-compliance was willful. The fourth provides that the board must be reasonable in requiring a worker to participate in rehabilitation.

The final two motions clarify that a review committee must grant an oral hearing to a worker or employer on request.

The committee also proposed two motions to amend the bill, which the Minister did not agree to. The first, in response to a concern raised by the workers' advisor, would have required the WCB to disclose all information to the workers' advisor related to a claimant, regardless of whether the information related to a particular claim. WCB staff assured the committee that anything used to help decide a claim would be disclosed to the workers' advisor. Following further discussions between the workers' advisory and committee staff, Members are satisfied this issue has been adequately addressed.

The second motion was to address a concern with the limitation period for filing claims based on industrial diseases. In some cases, a person may not be aware that a disease was caused by the workplace for several years. An example might be the cases of secondhand smoke diseases, which have only been recognized as workplace diseases relatively recently. Because the legislation currently states that the limitation period begins to run when the disease is discovered and not when the connection between the disease and the workplace is discovered, which may occur some time later, some worker's claims may be foreclosed. Unfortunately, the committee's amendment would have caused other unintended problems with the act. Members feel strongly that workers should not be prevented from making a claim if they do not discover the cause of their disease until after the present limitation period has expired. Because of the complexity of the legislation and the importance of limitation periods, the committee was of the view that further analysis is required on this issue. The committee recommends that this situation be clearly addressed in the second phase of Workers' Compensation Act amendments.

Another issue which the committee struggled with was how to address the problem of conflicting medical opinions between a worker's doctor and the WCB's medical advisor. The bill currently provides a new process which requires the medical advisor to contact the worker's doctor, so that they can attempt to reach a consensus. If they are unable to do so, the matter must be referred to a specialist for advice.

Members had a great deal of discussion about how a specialist should be chosen under these circumstances. While Members would have liked a requirement for the worker's doctor and the medical advisor to agree on the specialist, concerns were raised that this could result in delays to patients receiving care and/or compensation.

There were some other specific issues raised by presenters which did not result in amendments to the bill, but which the committee would like to make known to the House. The workers' advisor recommended the bill be amended to make it clear that notice of a claim could be provided verbally and did not have to be in writing. The WCB staff told committee that it is already the case, that verbal notice is accepted. For example, an injured worker would be able to provide notice over the phone to the WCB, if necessary, with the assistance of a community nurse and/or interpreter. The committee was satisfied with the WCB's response to this issue.

The NWT Federation of Labour expressed concern about the provisions allowing for the appointment of a deputy workers' advisor and the expense associated with a new position. The Minister indicated there were no immediate plans to appoint a deputy workers' advisor, and that the amendment was made in case one is needed in the future.

The workers' advisor also proposed that the act include definitions of the terms "disability and impairment." However, the committee was made aware that some people would not support such definitions being in the act, as they could make the claims process even more difficult to work with. The committee recommends the WCB and Minister review this issue in developing the second phase of amendments of the act in consultation with stakeholders.

This concludes the committee's opening comments on Bill 15. Individual Members, Mr. Chairman, may have additional questions or comments as we proceed. Following the committee's review, a motion was carried to report Bill 15, An Act to Amend the Workers' Compensation Act, to the Assembly as ready for Committee of the Whole. Thank you, Mr. Chairman.

At this time I would like to ask the Minister if he would like to bring in any witnesses.

Yes, Mr. Chairman.