Mr. Speaker, I rise on a point of order on Private Member Bill 29, First Responders' Workers' Compensation Act. The point of order relates to Rule 1.2(i) of the Rules of the Northwest Territories Legislative Assembly and the parliamentary convention across Westminster-style Parliaments which prohibits Private Members' bills from requiring expenditure of public funds. I am rising at the first opportunity in the House now that the standing committee studying the bill has reported the bill, as reprinted, back to the House as ready for consideration in Committee of the Whole.
To be clear, we support the principle of the bill. I rise at this point of order because Bill 29 would require the GNWT to pay a one-time liability payment estimated to be $4.3 million that is separate and distinct from any existing appropriation. This one-time payment is in addition to an increase of an estimated $409,000 to the annual rates that the GNWT pays to the WSCC.
Rule 1.2 of our rules defines what a Private Member's bill may not involve. This definition limits Private Members' bills to bills that do not involve the appropriation of public funds or the imposition of any tax. While Bill 29 does not expressly set out the appropriation of a specific amount of funds, over the course of the standing committee's review of the bill, it became clear that the effect of the change put forward in Bill 29 would result in the requirement to allocate new public funds which would need to occur by appropriation. These anticipated amounts go beyond incidental implementation costs that would fall under an existing appropriation.
Bill 29 proposes to change presumptive coverage of listed diseases for firefighters. Bill 29 also proposes changes to the minimum employment period for such coverage. While workers' compensation programs are typically considered as self-funded because the costs of the programs are covered by insurance premiums or assessment fees that are collected from the employers based on set collections in the Northwest Territories, presumptive coverages that are provided for in Act are a bit different. The Workers' Safety and Compensation Commission governance council approves the model for setting rates payable for workers' compensation coverage in the Northwest Territories.
The rate setting model approved by the governance council for presumptive coverage for firefighters places all insurance liability for presumptive coverage for Northwest Territories workers with the GNWT. The Workers' Safety and Compensation Commission has estimated the proposed changes to presumptive coverage put forward in Bill 29, as introduced, would have resulted in a one-time insurance liability payment of $17 million. The amount of the liability payment for the bill, as modified in standing committee, will be lower but as mentioned is estimated to be nearly $4.3 million.
Mr. Speaker, if passed, this bill would come into force one year after the date the bill receives assent. This static coming-into-force date does not allow the executive council to have any ability to control incurring the costs associated with the bill.
Mr. Speaker, this bill would involve an appropriation of public funds necessary to implement the amendments according to the WSCC rate setting rules according to a timeline over which the government has no control. The one-time liability payment would be a new and distinct expenditure that is not contemplated in an existing appropriation. This makes such changes improper to be advanced in a Private Members' bill which cannot involve the appropriation of public funds.
Mr. Speaker, I should clearly state that this point of order is not raised about the merits of the changes of presumptive coverage presented in Bill 29. It is simply raised because we have a rule that limits what the Private Members' bill can do. If the effect of Bill 29 is that it results in new and distinct amount that will have to be appropriated, it does not appear to be within the authority of the Private Member to bring it forward. The authority for recommending spending of public money lies with the executive council. This is the source of the limitation on Private Members' bill as reflected in the rules.
As such, I believe this bill is out of order. I look forward to the Speaker's ruling which would provide clarification on the matter that will be of assistance to all Members going forward. Thank you, Mr. Speaker.