Bill 8 is now ready for third reading. Thank you, Mr. Minister. Thank you, Mr. Aitken.

We will now move to Bill 12 and I would like to ask the Minister responsible, Mr. Dent, if he would like to introduce the bill.

Thank you, Mr. Chairman. Mr. Chairman, Bill 12 is An Act to Amend the Education Act.

The key objective of the amendment to the act is to clarify and confirm the authority of education bodies to hire and employ superintendents of education outside the public service. This bill includes a consequential amendment to the Public Service Act.

The changes proposed to the act will support provisions of the Education Act originally intended when the act came into force in 1996, namely the education bodies would be allowed to hire and employ superintendents outside of the

public service. In fact, the hiring of superintendents outside the public service has been in practice with a number of our divisional education councils since 1996.

There has been some question, in recent years, how the intended provisions of the Education Act operate in light of the Public Service Act. The Public Service Act defines employment positions under divisional education councils as public service positions and does not specifically allow superintendents to be excluded from the public service. The issue was further clarified earlier this year, precipitating the need to align the two acts.

An Act to Amend the Education Act calls for an amendment to section 117(1)(m) of the Education Act to state that an education body shall employ a superintendent outside the public service. Consequential amendments to the Public Service Act are required to ensure the two acts are compatible.

Required amendments to the Public Service Act include amendments to schedules A and B. Schedule A is being amended to state that the reference to education authorities applies to every position other than superintendents, and schedule B is being amended to include superintendents in the listing of exempted positions.

This bill enjoys the support of the divisional education councils across the NWT and will clarify the relationships and responsibilities as originally intended when the Education Act was amended in 1996. Thank you, Mr. Chairman.

Thank you, Mr. Minister. I'd like to ask the deputy chair of the Social Programs committee, Mr. Yakeleya, to provide the standing committee's comments. Mr. Yakeleya.

Thank you, Mr. Chairman. This is the chair's comments on Bill 12, An Act to Amend the Education Act. The Standing Committee on Social Programs conducted its public review of Bill 12, An Act to Amend the Education Act, on October 12, 2004. The committee would like to thank the Sahtu Divisional Education Council for its written submission, and the Minister and his staff for presenting the bill. The bill will amend the Education Act and make consequential amendments to the Public Service Act to provide that superintendents are not members of the public service.

The Sahtu Divisional Education Council wrote in support of this amendment, which will confirm their ability to hire independent superintendents directly answerable to them. As stated in their letter, this is critical if education councils are to be meaningful and represent their constituents effectively.

The Minister advised committee that the two superintendents who are currently members of the public service will not lose any benefits as a result of the change and will likely be protected through secondment agreements.

During the clause-by-clause review of the bill, a motion to amend the bill was made at the request of the Minister. The amendments extend liability protection to superintendents, provided they act in good faith. This clause is identical to other sections of the act which protects members of district education councils and authorities, as well as other staff who are not members of the public service.

This concludes the committee's opening comments on Bill 12. Individual members may have additional questions or comments as we proceed. Following the committee's review, a motion was carried to report Bill 12, An Act to Amend the Education Act, as amended, to the Assembly as ready for Committee of the Whole. Thank you, Mr. Chairman.

Thank you, Mr. Deputy Chair. Now at this time would the Minister like to bring in witnesses?

Yes, please, Mr. Chairman.

What is the wish of the committee?

Would the Sergeant-at-Arms please escort the witness in, please?

Thank you. Thank you, Mr. Dent. Can you introduce your staff, please?

Thank you, Mr. Chairman. On my right I have Mr. Mark Cleveland, deputy minister of the Department of Education, Culture and Employment. On my left is Rebecca Veinott, who is legislative counsel, Department of Justice.

Thank you very much. What is the wish of the committee? General comments. Clause by clause. Bill 12, an Act to Amend the Education Act, clause 1.

Clause 2.

Clause 3.

Page 2, clause 4.

Clause 5.

The bill as a whole.

Does the committee agree that Bill 12, as amended, is ready for third reading?