This is page numbers 6699 – 6756 of the Hansard for the 17th Assembly, 5th 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 going.

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Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Lafferty. Committee, general comments to Bill 65. Mr. Dolynny.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Mr. Chair. I’d like to welcome the Minister and the department here this evening for I think a very important bill. One in which that I think drew a little bit of controversy and a little bit of concern when we did the clause-by-clause. I think it came down to the level of consultation that was undertaken to prepare the bill that we see today. As you heard this evening in the Minister’s comments, extensive consultations – his words – occurred September 2010 to March 2011, and to our knowledge, very little consultation took place in the drafting of this bill to match current regulations under the occupational health and safety matter.

So, first and foremost, as I indicated back in our clause by clause, I was going to give the Minister and his delegation appropriate time and energy to go and consult after the clause by clause and so at this time I will be asking the Minister or his designate whether or not they did get concurrence and approval from such areas as the Governance Council of the Workers’ Compensation Division, the Chamber of Commerce, both territorial and in Yellowknife, the Chamber of Mines and others that we talked about.

So, again, I will ask the Minister or designate, has this been fully consulted with these groups and have they been blessed to support the Safety Act? Thank you.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Dolynny. Mr. Grundy.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Grundy

Thank you, Mr. Chair. As I stated before, the Governance Council is fully aware of the changes we are doing. These changes to the Safety Act are not only non-substantive changes to line everything up, we did not go to either chamber or any other consultation. We have on the books right now a rewrite of the Safety Act, which will involve a lot of consultation like we did with the regulations over a long period of time to ensure that everybody is aware of what our plans are and what the plans or suggestions to the government will be in improving the Safety Act.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

I appreciate Mr. Grundy’s reply to the question. Why didn’t we go and consult our stakeholders in preparation for today’s amendments and bill? What was the impetus for not reaching out? Like I say, it has been a number of years since we took it upon ourselves to do this. What was the reason for not consulting these various stakeholders to which it will have an immediate and direct impact to small businesses throughout the Northwest Territories?

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

October 6th, 2015

Grundy

The consultation that we did was in direct relation to the regulations and not the act. We felt that the regulations were well represented by the public, by employers of the Northwest Territories, and these changes were only non-substantive to make them line up. Like I said, the big consultation will be when we are actually doing things that will have direct impact. So, all these changes have is to align everything up so that we can move forward with the regulations as they are.

I know that there are still some concerns out there about the regulations, but the regulations can be changed any time. The Minister’s Safety Committee looks at that once a year, takes recommendations from business, takes recommendations from employers and discusses them and will be giving that to the Minister for consideration.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

I appreciate the response; however, the department is very aware that regulations on the floor of the House here are something to which we, as legislators, have absolutely zero impact on. We can talk about them in the House; we can make inferences; we can make suggestions; but we have no control over regulations. We do, however, have control over legislation. So, when legislation is brought before the House, it is deemed appropriate that proper consultation pursue. That proper consultation was reached out to all stakeholders.

Clearly, what we are hearing today is still that we are trying to match an act to regulations that are out of our control and we are somehow supposed to understand and agree to these changes to the act in the absence of full consultation, which makes it very problematic in context. So it is very difficult for me to move forward with this act as a Member because we are kind of doing things a little backwards. We are matching legislation to regulations and in the absence of consultation, in the absence of not having all stakeholders provide input, these changes to the act will affect small businesses. In fact, those businesses of less than 20 are going to be affected greatly in terms of extra costs to maintain certain occupational health and safety standards, and those costs will affect the businesses that affect Northerners that affect their way of life.

What has the department done to evaluate what is the financial impact of this act on small businesses of less than 20 people?

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Dolynny. Ms. Kainz.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Kainz

That was part of the consultation with the regulations because the changes were made, and in fact, we expanded the OH&S Committee. Under the old regulations you had to have a committee if you had fewer than 10 workers. It is now 20 workers, so that, in fact, helps with small businesses in that they don’t have to have a committee if they are fewer than 20. That change was made as a direct result of the consultation.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Ms. Kainz. Mr. Dolynny.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Mr. Chair. I don’t want to continue with questioning too much longer here. I think we have heard loud and clear my concern the way this act has come about. It is unfortunate that I don’t have enough support from my colleagues here, otherwise I would have a motion to not pass this bill as written, for the very reasons of lack of consultation. However, since I don’t have enough support to do so, I am not going to belittle this process any further. I just hope that this serves as a deep reminder to the department, to Ministers, to make sure that you bring full consultation to this House, otherwise, as Members, we will remind you each and every time. You have to consult. Thank you.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Dolynny. I will take that as a general comment. Committee, we are on general comments. Ms. Bisaro.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Chair. I just have a couple of questions. I haven’t been party to the consideration of this bill, but in listening to the comments in the last few minutes, I heard Mr. Grundy say that there is a comprehensive review of the Safety Act being undertaken.

So, my first question is: Why do we have these amendments before us when the Safety Act is being reviewed, apparently now and in the near future? What is so urgent about these amendments that it couldn’t wait until the comprehensive review of the act? Thank you.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Ms. Bisaro. Mr. Grundy.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Grundy

Thank you, Mr. Chair. The urgency on these two amendments is to line up the act with the regulations. When we do our review and we start our review of the Safety Act and other acts that we regulated, that is a long process of probably about a few years in the making, so we couldn’t wait. We needed these regulations that have been enacted already to line up with the Safety Act, hence two amendments.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Grundy. Ms. Bisaro.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Chair. Thanks to Mr. Grundy for the explanation. My other two questions have to do with Section 4 in the act, but it states or uses the term “work site” and I don’t see that defined, certainly in this act. It may be defined elsewhere but it is not defined in these amendments.

To the concern that Mr. Dolynny expressed about small businesses being impacted, could I get a definition of what a work site is? I don’t know if it is in regulations already or if the department knows what they intend a work site to be. Thank you.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Dolynny. Ms. Kainz.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Kainz

Thank you, Mr. Chair. Work site is a defined term in the act. It means a location where a worker is or is likely to be engaged in work or a thing at, in, on, or near which a worker is or is likely to be engaged in work.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

So, I guess that would then mean that any place where anyone is working, no matter what the size. I will take that, then, as a definition.

So the other part, I am looking at Section 4 again, and it says, “an Occupational Health and Safety Program or a work site as required by the regulations,” so can I get a confirmation? I heard you say these programs, these officers are required for businesses of more than 20 employees, so is that what is referenced here in number 7, that the regulations will make that statement so any work site that has less than 20 employees is not required to have an occupational health and safety committee, I guess, and a designated safety representative?

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Kainz

It’s been repealed and replaced. If I’m understanding your question about the committee size of less than 20 workers, they don’t have to have a safety program but they still have other obligations, and those are under the regulations. …(inaudible)…establish the occupational health and safety committee or a designate, a safety rep. If you have less than 20 workers, you have to have a safety rep. If you have greater than 20 workers, you have to have the committee.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

I think you got my question. What are the duties, I guess, of the safety representative in this small business of less than 20 employees? Mr. Dolynny is suggesting that it’s quite onerous. What is expected of this person? What’s in regulations that I, as a safety rep, am going to have to do at my workplace?

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Kainz

Those are in the regulations and in the act. A safety representative is part of the investigation into a refusal to work, along with the supervisor. They also participate in any investigations or are made aware of investigations of accidents of a serious nature or accidents of serious bodily injury or dangerous occurrence. The terms are all spelled out clearly in the regulations.

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Ms. Kainz. Committee, we’re on general comments for Bill 65. Does committee agree to go clause by clause?

Committee Motion 146-17(5): Bill 64: An Act To Amend The Co-Operative Associations Act - Amendment To Clause 23, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.