This is page numbers 1857 - 1898 of the Hansard for the 15th Assembly, 3rd 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 chairman.

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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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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chairman. The Standing Committee on Accountability and Oversight conducted its public review of Bill 21, An Act to Amend the Public Service Act, on March 7, 2005. The committee would like to thank the Union of Northern Workers for their presentation and the Minister and his staff for introducing the bill.

The committee is generally supportive of Bill 21, which will result in long overdue improvements to the staffing appeals process for public service jobs. The committee noted that many of the proposed changes to the process are not included in this bill and will instead be reflected in the regulations. The committee would, therefore, appreciate an opportunity to discuss the regulations with the Minister before they are approved.

The Union of Northern Workers also expressed an interest in having input into the regulations. In particular, they would like to ensure that union members are allowed union representation at appeal hearings, Mr. Chairman, that the union is informed when appeals are filed, and that they will have access to the review officers' reports and recommendations.

They also would like to see measures put in place to ensure consistent application of the rules by all staffing review officers across the NWT. The committee would encourage the government to work with the union in drafting the regulations and to accommodate their request where practicable.

Mr. Chairman, currently, staffing appeals are heard by a committee made up of a GNWT representative, the Union of Northern Workers representative and a third person agreed upon by the other two. With the new process, all the staffing review officers will be appointed by the Minister. Members asked the Minister if this raises any concerns about their independence. The Minister indicated that his role will be limited to intervening where there have been procedural irregularities and, for the most part, he will be following the recommendations of the review officers.

Members also asked the Minister, Mr. Chairman, about the qualifications of the staffing review officers. The Minister and his staff advised that they intend to recruit people with experience in investigative work and will also provide a rigorous training program on the GNWT staffing process and policies.

The union requested that they be given an opportunity to have input into the selection of the staffing review officers. The committee appreciates the Minister's agreement to consult with the union before making the appointments. The committee was advised that while the intent was to initially recruit one officer for the northern NWT, one for the southern NWT and one for headquarters, the Minister will reconsider this should the number of appeals in any of these locations result in too high a workload for one officer.

The officers will be contracted on an as-and-when basis.

Mr. Chairman, the committee looks forward to the coming into force of this bill and the regulations later this year and believes it will bring a substantial improvement in terms of both fairness and transparency over the current staffing appeals process.

Following the committee's review, a motion was carried to report Bill 21, An Act to Amend the Public Service Act, to the Assembly as ready for Committee of the Whole. This concludes the committee's opening remarks on Bill 21. Mr. Chairman, individual Members may have additional questions or comments as we proceed. Thank you.

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 David Ramsay

Thank you, Mr. Braden. I would like to ask Minister Roland if he would like to bring in witnesses.

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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Floyd Roland

Floyd Roland Inuvik Boot Lake

Yes, Mr. Chairman.

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 David Ramsay

Thank you, Mr. Minister. Does committee agree that we entertain witnesses?

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.

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 David Ramsay

Sergeant-at-Arms, please escort in the witnesses. Thank you.

Mr. Minister, I was wondering if you could introduce your witnesses for the record. Thank you.

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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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. Mr. Chairman, I have with me today the director of legislation, Mark Aitken; to my immediate right is Mr. Lew Voytilla, secretary to FMB; and, to my immediate left is Ms. Lynn Elkin, assistant deputy minister of corporate human resources. Thank you.

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 David Ramsay

Thank you, Mr. Minister. Welcome to our proceedings this afternoon. I will now move on to general comments on Bill 21 by Members. General comments. Mr. Braden.

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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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chairman. My comments will be brief and very supportive of this bill. I have had at least one fairly extensive encounter with a constituent who had a number of difficulties in some staffing appeals and it was quite apparent that the difficulties were within the regulations and the steps that either the appeal process is required to follow or not required to follow and sometimes the interpretation of those really caused some issues. So this is very welcome, certainly from the people who work for us and I would also like to think among the people who are responsible and accountable for the workforce, so we can get a better rulebook in place here. This is very progressive.

As the report indicated, the Minister was quite willing to accept union input into the recommendations that he will make on who the staffing appeals officers will be and to allow access to the process of designing and writing the regulations, which is where much of the success or the complication will be in those regs.

Mr. Chairman, I really had one question to put to the Minister and his staff. That is just how extensively are these appeals processes applied? Certainly there is our main workforce, but then there are boards, agencies, authorities committees, commissions, et cetera. To what extent are these in place for those arm's length organizations? Thank you, Mr. 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 David Ramsay

Thank you, Mr. Braden. Mr. Minister.

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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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chair. Mr. Chair, this would apply to all government staff. So all public servants, whether they are on education boards or health boards, the only group that would not apply to is the Power Corporation. Thank you.

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 David Ramsay

Thank you, Mr. Minister. Mr. Braden.

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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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chair. That really satisfies my curiosity on this bill. Thank you.

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 David Ramsay

Thank you, Mr. Braden. Mr. Hawkins.

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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Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Chair. I will be speaking in favour of this and in these adjustments. As I see it, we are now opening up the appeal process to show transparency by making reports available to the appellant. I think those are good things for the people who do appeal to the process, whereas a decision in the old days up until, of course, the date that this gets changed, is either a yea or nay. It is upheld, and folks will sort of feel left out of the system and try to understand why their appeal wasn't upheld. I appreciate and I also applaud the efforts to include that transparency.

The other thing that I would also like to express my heartfelt appreciation towards is the fact that this does enable other people to appeal more of a management side of the equation which, previously, they were excluded. As I understand it, this now still excludes ADMs and DMs. However, it does open it up to a broader perspective and allow more people to appeal positions that they feel rightly they should have been selected, or at least had a more serious shot at. That being said, I applaud the move forward in transparency, and I look forward to less phone calls in this area as the system is showing that it is truly being responsive to the needs of the communities. Thank you very much. That is all. I have no question.

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 David Ramsay

Thank you, Mr. Hawkins. Are there further general comments to Bill 21? Mr. Villeneuve.

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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Robert Villeneuve

Robert Villeneuve Tu Nedhe

Thank you, Mr. Chair. I just want to applaud the Minister of Finance for embarking on this amendment, because I think that it is long overdue and it is something that the public will definitely embrace and probably use the staffing appeal officers quite regularly, I guess. Like my friend was saying, it might lessen the amount of phone calls that we are receiving every day with regard to employment opportunities in the government.

In his briefing here, there are three positions for staffing review officers that are going to be considered, based on their experience with the workload and reviewing the number of appellants in each region, they will kind of move around the workload a little bit. I was just wondering with those positions, are those positions all going to be located here in Yellowknife, or are they going to be in the regional offices?

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 David Ramsay

Thank you, Mr. Villeneuve. Mr. Minister.

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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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chair. Mr. Chair, the three positions will not all be located in Yellowknife. One of them will be in the north and one will be in the south part of the territory. Thank you.

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 David Ramsay

Thank you, Mr. Minister. Mr. Villeneuve.

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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Robert Villeneuve

Robert Villeneuve Tu Nedhe

Thank you, Mr. Chair. That is good to know that people will not have to phone or write Yellowknife in order to get their appeal heard or considered for review. Earlier, we were talking about some of the inquiries we get with respect to hiring practices by the government...you know, aboriginal people that are applying for government positions are being screened because the affirmative action policy is something that is kind of not strictly adhered to nowadays. Is an appeal legitimate, based on a concern by an employee who is not given an opportunity for a position, because of the lack of consideration for the affirmative action policy? Is that going to be included in staffing review guidelines for employment consideration? Thank you.

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 David Ramsay

Thank you, Mr. Villeneuve. Mr. Minister.

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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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chair. Mr. Chair, as anybody who would apply on a government position would be aware, through the form to apply, they would make the selection if they were an aboriginal person in the Northwest Territories and therefore considered P1. So if they felt they weren't considered a P1 or a P2 in the existing categories in place, then any policy we have could be appealed if they felt that it wasn't adhered to. It is pretty straightforward on that section of it. Thank you.

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 David Ramsay

Thank you, Mr. Minister. Mr. Villeneuve.

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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Robert Villeneuve

Robert Villeneuve Tu Nedhe

Thank you, Mr. Chair. I guess my concern is if a P1 appeals to a review officer and the review officer doesn't...It is clearly stated that they are not in a position to authorize the appointment of any individuals to any positions, but I am just curious. If you have a P1 that is qualified in his eyes, and he applies to the staffing review officer to review his lack of an appointment to the position because of...If they followed all the rules and did the process according to what is stipulated in the competition and whatnot, how much consideration would...because the final decision rests in the hand of the employer. It is stated right there for any staffing appeals process. So how much weight would the affirmative action policy carry in having an appeal revisited?