Debates of March 5th, 2015

This is page numbers 5977 – 6020 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 plan .

Topics

Oral Questions

Members Present

Prayer

Safe Communities

Success Of The NWT’s Residential Schools Curriculum Resources

Social Work Month

Aboriginal Wellness Centre At Stanton Territorial Hospital

Community Capacity To Provide Emergency Services

Regulating The Morel Mushroom Harvest

Weaving Our Wisdom – Territorial Wellness Gathering

Mental Health Issues In The Workplace

Replacing Moose Kerr School In Aklavik

Transboundary Water Agreements

Hay River Midwifery Program

Auditor General Report On Corrections In The Northwest Territories – Department Of Justice

Promoting Hay River

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Motion To Receive Committee Report 11-17(5) And Move Into Committee Of The Whole

Committee Report 12-17(5): Report On The Review Of Bill 36: Health And Social Services Professions Act

Motion To Receive Committee Report 12-17(5) And Move Into Committee Of The Whole

Aboriginal Wellness Centre At Stanton Territorial Hospital

Emergency Services In Small Communities

Questions 749-17(5): Public Service Absenteeism And Workplace Mental Health

Replacing Moose Kerr School In Aklavik

Rehabilitation And Reintegration Programs For Inmates

Weaving Our Wisdom – Territorial Wellness Gathering

Supports For Social Workers

Safe Schools Action Plan

Financial Management High School Curriculum

Regulating The Morel Mushroom Harvest

Development Of New Mental Health Act

Tabled Document 213-17(5): Natural Resources Conservation Trust Fund Annual Report 2013-2014 Tabled Document 214-17(5): Waste Reduction And Recovery Program 2013-2014 Annual Report

Establishment Of A Special Committee On Transition Matters

Consideration in Committee of the Whole of Bills and Other Matters

Accreditation For Dechinta Centre For Research And Learning

Report of Committee of the Whole

Orders of the Day

The House met at 1:31 p.m.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

---Prayer

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Prayer

Prayer

The Speaker

Jackie Jacobson

Good afternoon, colleagues. Orders of the day. Item 2, Ministers’ statements.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Minister's Statement 175-17(5): Safe Communities

Ministers’ Statements

Robert C. McLeod

Inuvik Twin Lakes

Mr. Speaker, three years ago the 17th Legislative Assembly made it a

priority to establish sustainable, vibrant, safe communities. Today I want to speak about some of the work being done by the Department of Municipal and Community Affairs to help reach that goal by strengthening community emergency preparedness and fire protection.

In the past 12 months, NWT communities have experienced some extreme events that have tested their ability to respond to natural disasters and community fire incidents. These events can occur at any time and in any place, with or without warning. Effective response requires a continual planning and capacity building.

Mr. Speaker, emergency preparedness and community fire protection are critical. Our collective efforts need to focus on helping communities reach a suitable level of readiness. To this end, MACA is committed to several important goals that will help create and sustain a foundation with which to support and strengthen community preparedness and response.

MACA continues its efforts to help community governments improve community emergency management capacity. This includes the delivery of community planning workshops and tabletop exercises. Since 2011, 20 communities have updated their existing emergency response plans or created new ones. Last year MACA launched a new tabletop exercise in Whati, which is now available to communities to help validate emergency plans.

Mr. Speaker, work continues at the territorial level as well. Recently, MACA began a review of the

government’s civil emergency response efforts from last summer. The review will identify gaps and deficiencies in last summer’s operations and allow us to improve procedures and plans. It will also inform work to update the territorial Emergency Response Plan that will commence in the spring.

MACA is also coordinating the GNWT’s participation in Operation NANOOK 2015, which provides a great opportunity to practice and evaluate components of the NWT’s emergency measures regime. This annual Canadian Forces live exercise is scheduled to take place in August and will involve working with key partners to respond to a simulated wildfire event in the vicinity of Fort Smith.

Last summer the department completed a territorial hazard identification risk assessment which provides communities guidance concerning risks that pose the greatest threat to people, property, environment and the economy. This tool can be used to update community emergency plans, develop municipal disaster risk mitigation plans and guide development of emergency response exercises.

MACA also started work on modernizing the Civil Emergency Measures Act to ensure it provides the GNWT and community governments with effective tools to respond to our current hazard environment. Work is well underway and it is hoped that we can pass in the 17th Assembly.

Mr. Speaker, not all emergency events occur from natural disasters. Many originate in our own homes and have a profound impact on families. According to the National Fire Protection Association, households can expect a home fire every 15 years. While most will be small fires resulting in little or no damage, some will be greater. This means effective community fire protection needs to remain a high priority for the department and community governments.

In 2014 MACA continued implementation of an NWT Community Fire Protection Plan, focused on key priorities identified by fire protection stakeholders. The department recently worked with partners to implement a territorial-wide Carbon Monoxide Awareness Campaign and a volunteer firefighter recruitment and retention tool kit for community governments. These efforts combine to

help improve the efforts of smaller communities with limited equipment, capacity and volunteers. Future efforts will continue to build on local capacity by providing templates and tools that can be implemented by fire departments in communities across the NWT.

To help ensure adequate first aid skills, MACA is delivering first responder training to community volunteers and staff. Since June 2014, six communities have received training, with several more sessions planned for the remainder of the year. This effort has been combined with a unique opportunity to increase public access to automated external defibrillators. Working with the Heart and Stroke Foundation, we are combining efforts to place more than 60 defibrillators in recreation and public facilities throughout the North and to deliver user training to volunteers.

Central to this goal are our continued efforts to help community government staff and volunteers achieve certification and accreditation as firefighters. In 2014, eighteen individuals were certified as fire instructors and eight individuals as fire investigators.

Mr. Speaker, improvements in community fire protection require a sustained effort and effective collaboration on behalf of all stakeholders. It also requires an effective foundation with which to ensure adequate oversight and authority for all levels of government. To this end, MACA is making good progress towards an updated Fire Prevention Act that will reflect our true operating environment. A draft bill is expected early in the 18th Assembly.

Mr. Speaker, I wish to commend community governments for their continued efforts in this important area and to thank our partners for their ongoing support. Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Minister's Statement 175-17(5): Safe Communities

Ministers’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. McLeod. The honourable Minister of Education, Culture and Employment , Mr. Lafferty .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Minister's Statement 176-17(5): Success Of The NWT’s Residential Schools Curriculum Resources

Ministers’ Statements

Jackson Lafferty

Monfwi

Mr. Speaker, it makes me very proud to share an important milestone with this Legislative Assembly. At the Truth and Reconciliation Commission event in Inuvik in 2011, I committed our government to educating students and teachers in the Northwest Territories about the history and legacy of the residential schools.

For the year following that TRC event, Education, Culture and Employment staff worked closely with the Nunavut government, the Legacy of Hope Foundation and, in particular, former residential school students, to complete a resource package of teaching and learning materials.

In October of 2012, all NWT northern studies teachers were introduced to the new teacher’s guide. At this in-service, many survivors shared their experiences with our teachers. The experiences shared during this in-service helped the teachers not only in their delivery of northern studies but in their understanding of their students and the communities they are working in.

Since this initial launch, I committed our government to train not just the northern Studies teachers but all K to 12 teachers in the NWT on the history and legacy of residential schools. It has taken us over a year to accomplish this goal, and as of February 19th every NWT teacher has

participated in an in-service. We will now be offering this in-service to all new teachers arriving to the Northwest Territories.

Mr. Speaker, this is an important accomplishment, and I want to take this opportunity to acknowledge and thank several groups. I want to thank the principals and teachers who listened respectfully to the difficult truths.

I want to thank the Vision of Hope and Health Canada for supporting the process through their counselling services and attending every in-service. They also provided follow-up support for those who needed it. I want to thank Maxine Lacorne who is an intergenerational survivor and also travelled to many communities and provided hope through sharing her experiences and journey of healing. Most importantly, I want to acknowledge and thank the many former residential school students all over the NWT who graciously shared their experiences with open hearts.

In June I will be hosting meetings with my counterparts from across the country, the Council of Ministers of Education Canada. At these meetings we will be discussing how to make it a requirement in every province and territory across Canada for all teachers to be familiar with the issues related to the history and legacy of residential schools, regardless of where they study or where they teach. Together, we are understanding the past and seeking reconciliation to build hope for tomorrow.

Mr. Speaker, the Northwest Territories can be very proud of the leadership role we have played right across this country in assuring that never again will another generation be able to say, “I didn’t know.” Mahsi, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Minister's Statement 176-17(5): Success Of The NWT’s Residential Schools Curriculum Resources

Ministers’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Lafferty . The honourable Minister of Health and Social Services , Mr. Abernethy .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Minister's Statement 177-17(5): Social Work Month

Ministers’ Statements

Great Slave

Glen Abernethy

Minister of Health and Social Services

Mr. Speaker, each year we celebrate March as National Social Work Month. Social work is a profession for those with a

passion to help improve people’s lives. Social workers help individuals, families and communities by providing support and resources and working through challenging and complex circumstances.

Social workers can work directly with individuals to provide counselling services or other supports. They also contribute to the broader improvement of our territory through policy development and helping to improve the way services are provided and delivered at the community level.

Social workers have an ethical obligation to advocate for broad social change to address social inequalities that will benefit the marginalized members of our communities and, ultimately, all of us.

When families are in crisis, social workers are there to help people get back on their feet. Social workers show outstanding dedication and professionalism to help people achieve success and realize their best selves. The hours are tough, as help is required around the clock.

Social work requires determination, devotion and a sense of purpose to make a real difference for people in need, and I have seen many positive outcomes as a result of social workers’ efforts.

For these reasons and many more, social work is being celebrated this year as a profession of choice. As the Minister of Health and Social Services , I want to express how much the Government of the Northwest Territories appreciates professional social work not just during Social Work Month but every day.

I am pleased to have this extra opportunity to celebrate these outstanding professionals and express the Government of the Northwest Territories’ recognition and thanks for all their hard work on behalf of the people of the Northwest Territories. Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Minister's Statement 177-17(5): Social Work Month

Ministers’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Abernethy . Item 3, Members’ statements. The honourable Member for Nahendeh , Mr. Menicoche .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Aboriginal Wellness Centre At Stanton Territorial Hospital

Members’ Statements

Kevin A. Menicoche

Nahendeh

Thank you, Mr. Speaker. The Stanton Territorial Hospital Renewal Project must include a wellness centre that beats for the hearts of all Aboriginal people and culture. Our territorial hospital, when renovated, has to incorporate the Aboriginal identity that over 50 percent of our population has. “There is one thing stronger than all the armies in the world, and that is an idea whose time has come,” said Victor Hugo, the famous writer. I believe it’s true in this case.

Colonialism and, consequently, the residential school system for Aboriginal peoples in Canada has resulted in the loss of control over their lives and culture and they continue to struggle for self- determination on almost every level, including the health care system.

Aboriginal people die earlier, live in conditions comparable to Third World countries, experience housing and living crises, obtain lower education levels, experience unemployment and poverty and are at increased risk for suicide, tuberculosis and diabetes.

Improving and recognizing a unique Aboriginal health care model is beneficial because it has been shown in other jurisdictions that having close Aboriginal ties to traditional healing works wonders. Cancer rates decrease, diabetes rates decline and the general health and well-being improves because our people are comfortable and relaxed in a setting they recognize.

Francois Paulette, chair of the Stanton Elders Council, has recently called upon the Department of Health and Social Services to include an Aboriginal wellness centre at the Stanton Territorial Hospital. I support this and I will look to all my colleagues to support it as well.

He and all the members of the Elders Council envision a facility that would blend traditional and western medicine at the hospital to enshrine and recognize Aboriginal culture and traditional healing practices to complement our NWT health care services.

The council has seen how this works by observing other hospitals that incorporate traditional healing into their facilities. Two unique northern examples are the Alaska Native Medical Center which is home to one of North American’s most unique health care environments, the place where the highest quality care and cutting-edge technology meets special Aboriginal cultural and traditional services and patient experiences.

Mr. Speaker, I seek unanimous consent to conclude my statement.

---Unanimous consent granted

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Aboriginal Wellness Centre At Stanton Territorial Hospital

Members’ Statements

Kevin A. Menicoche

Nahendeh

Then, in the Yukon, the First Nations health programs promote the provision of quality culturally sensitive holistic health care to Aboriginal people by providing social and spiritual support as well as access to traditional food, medicine and healing practices.

I am pleased to hear that the Department of Health and Social Services is supportive of the concept and has identified and set aside land at the Stanton Territorial Hospital. Regretfully, an Aboriginal wellness centre was never included in the Stanton Renewal Project. But with political will, no army can stop us from including it in the plan. We must find a

way to provide funding for a business plan and get this facility on our books and into the Stanton Renewal Project before we complete it in five years’ time.

I will have questions for the Minister of Health and Social Services during question period. Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Aboriginal Wellness Centre At Stanton Territorial Hospital

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Menicoche . Member for Range Lake , Mr. Dolynny .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Community Capacity To Provide Emergency Services

Members’ Statements

Daryl Dolynny

Range Lake

Thank you, Mr. Speaker. Reading about a WSCC stop work order of the Fort Resolution fire department in December of 2014 did leave many asking how. How did this hamlet get itself in this predicament?

Although little was said or reported, the concern was about the safety of the volunteer firefighters. But what was never discussed was the root problem of why there were so many safety deficiencies, training and equipment maintenance issues.

Armed with more questions than answers, I attempted to peel back the layers surrounding this concern. Interestingly, through my findings, this is not an isolated case in the Northwest Territories. Actually, many, if not most communities in the NWT, struggle with the capacity to provide reliable fire service. For the most part, there appears to be a lack of buy-in for a proper fire safety culture. There are few volunteers, constant turnover, very little training, let alone recertification, unmaintained equipment and what appears to be insufficient budgets. Researching further, we know that training modules have been developed, but there is a gap in whether competencies are being tested.

So I’m concerned, should this be left as is, we are putting our residents at grave risk. So, when this government is supporting a global presumption of basic emergency services at community levels are working safely and efficiently, this, in my opinion, is wrong.

We should be asking our leadership, when was the last time communities were assessed for their ability to deliver emergency services? Where can we find community information that indicates compliance to codes and standards of emergency services? Where is this report and are the findings made public? Is money being wasted? We are not sure, but it is clear we are surrounding this issue with too much politics and drowning it by design.

I will be discussing this topic later today with the Minister of Municipal and Community Affairs . Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Community Capacity To Provide Emergency Services

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Dolynny . Member for Weledeh , Mr. Bromley .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Regulating The Morel Mushroom Harvest

Members’ Statements

Bob Bromley

Weledeh

Thank you, Mr. Speaker. A silver lining may emerge from a catastrophic fire season the Northwest Territories experienced last summer. A bumper crop of morel mushrooms is anticipated this spring. Buyers of these delicacies will be again on site, bringing millions into the NWT economy.

While the potential abundance and ease of access are welcome, potential administrative and other nightmares could derail the industry. Members have called for regulation of the industry, and the government may be responding with legislation governing the mushroom harvest in the NWT. This is welcome only if timing issues do not undermine this new industry start-up.

Buyers and pickers will be at harvest sites by early to mid-May as the early harvest begins at that time. Buyers and pickers will be, of course, unaware of any law brought into effect after the 1st of May,

being out in the forest doing their job. Harvesters working in the forest will not have the communications to find out about new requirements for business licences or permits, should they happen.

If legislation calls for registration and permits, these must be available prior to May 1st . If not, we will

unintentionally put buyers and pickers into a situation of being offenders of the law. Buyers could leave and the industry fail.

This is a potential recipe for disaster and I expect the Ministers of ITI and ENR to be aware of this situation and to take steps to avoid it. Proper planning and implementation of any new law and regulations can avoid unnecessary and costly confusion. Licence and permit forms need to be designed, printed and distributed for this industry to key communities by May 1st and as readily

obtainable as a fishing licence. Communication of the new rules will need to be proactive with signs posted along the highways from the south, alerting harvesters to their new responsibilities. User- friendly visits to picking sites by renewable resource officers to explain new regulations and issue the required permits will be needed.

Finally, consideration needs to be given as to where picking should be encouraged and what areas should be restricted. While most edible mushrooms are clean and safe to eat, those from some areas have been found to carry contaminant loads including lead and arsenic.

To foster and safeguard the industry and consumers, it is essential to have the technology to test soil samples in the first mushrooms from possible picking sites prior to the harvest. With proper timing and communication of regulations and responsible testing of soils and products, a

sustainable mushroom industry can contribute to the NWT economy for years to come. I will have questions. Mahsi.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Regulating The Morel Mushroom Harvest

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Bromley . Member for Inuvik Boot Lake , Mr. Moses .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Weaving Our Wisdom – Territorial Wellness Gathering

Members’ Statements

Alfred Moses

Inuvik Boot Lake

Thank you, Mr. Speaker. Yesterday afternoon I had the opportunity, along with my colleagues here, to attend a luncheon over at the Explorer Hotel with participants who are attending this year’s Weaving Our Wisdom Gathering, a territorial wellness gathering. I just want to say it was a really great opportunity to meet and catch up with old colleagues who I used to work with in the Department of Health as well as the Department of MACA, and also look at some of the leaders who were at the event itself.

It was really unique in the sense that the Department of Health put on this conference. We had volunteers, we had elders, we had community leaders, chiefs, mayors all speaking with one another about how we make our health systems and programs and services that we provide better, and how we work together to create healthier individuals in the Northwest Territories.

One other thing that was really great to see was all the youth who were in attendance. I think there were youth representing all the communities across the Northwest Territories, bringing their voices to the table, like I said, with mayors, with chiefs and with community leaders all striving for the same goal and objective.

One thing that was really great to see in these three days of meetings that they had was they had an online webcast. So if people couldn’t come in for the conference, or it was already at capacity, then people could participate online, something that this government hasn’t really done before. They were able to listen to presentations, download the presentations from the site, ask questions in real time and just be part of the conference from up in the Beaufort-Delta, to the Sahtu and the Deh Cho.

I’m not sure what kind of uptake was on that website, but that’s where we need to move in order to get the information out, to have people from the Northwest Territories participating on how we do business, how we create action plans and strategies moving forward.

I think the Department of Health did a great job, an excellent job in providing this gathering, Weaving Our Wisdom, to everybody in the Northwest Territories. I’m sure it was even available to people down south. I heard the presentations were great, the keynote speakers were great, and I applaud the

Minister and his department for doing such a great job on this gathering here. Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Weaving Our Wisdom – Territorial Wellness Gathering

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Moses . Member for Frame Lake , Ms. Bisaro .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Mental Health Issues In The Workplace

Members’ Statements

Wendy Bisaro

Frame Lake

Thank you, Mr. Speaker. We’ve heard a lot in the House about GNWT jobs and vacancies. But something not often spoken about that is a huge drain on our resources, both human and financial, is absenteeism.

According to the NWT 2013 Public Service Annual Report, the work absence rate for the GNWT public service was 12.3 days per employee. This is a decrease from 2012, when it was 13.2 days, and 2011, when it was 14.7 days. I guess it’s a good thing that that number is going down, but this statistic means that every NWT employee was absent from work one day every month of the year. That’s a lot of days off.

The reasons why people are absent are many, but one we seldom talk about, and hardly ever admit to, is days away from work because of poor mental health or mental illness.

A 2011 study showed that one in three workplace disability claims are related to mental illness. Many of those claims are stress related. Stress is causing disability due to mental illness in many people.

Of those 12.3 days absent per employee in 2013, how many were due to poor mental health or mental illness? I’m sure all of us know people who have taken mental health days away from work, whether they were really mentally ill or just taking advantage of their sick days allotment. Either way, it’s a day away from work when the work did not get done.

Any illness at work can have a significant effect on employee morale and productivity, so it’s advantageous for the employer to protect its biggest investment: its people. Physical illness we talk about, but mental illness we do not. Four in 10 people say that they would hide or ignore a mental illness from their workplace, and less than 25 percent of people would talk to their employer about their mental illness.

The stigma around mental illness and the shame that people feel because they have a mental illness prevents their mental health concerns from being properly addressed. We must change that. We have to start talking about it. We need to accept mental illness as an illness as normal as any physical illness and we have to de-stigmatize mental illness in our conversations. We need to make it normal to talk about it and to ask for help with mental illness, just like a physical illness. If we do that, there will be a greater understanding and

support for our co-workers who suffer from mental illness, and if we get that greater understanding and provide greater support we will create a healthier workplace with reduced absenteeism.

I will have questions for the Minister of Human Resources at the appropriate time.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Mental Health Issues In The Workplace

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Ms. Bisaro . The Member for Mackenzie Delta , Mr. Blake .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Replacing Moose Kerr School In Aklavik

Members’ Statements

Frederick Blake Jr.

Mackenzie Delta

Thank you, Mr. Speaker. Moose Kerr School was constructed in 1969, exactly the same time as Samuel Hearne High School was built in Inuvik. Samuel Hearne was demolished and replaced a couple years ago. My constituents would like to know why is Moose Kerr School still standing. At 46 years old it’s overdue for replacement. The Minister of Education stated in the House that Moose Kerr School is slated for replacement or renovation in 2019. That’s four years from now.

I’m concerned about potential safety hazards at the school, specifically whether asbestos poses a risk to children’s health. Asbestos was routinely used in building products until the 1970s and 1980s, so a building like Moose Kerr School, constructed in 1969, very likely contains asbestos. Indeed, Samuel Hearne was built at precisely the same time and in the same region of the Northwest Territories, and it contained asbestos.

There is scientific consensus about the harmful effects of asbestos. Whenever material containing asbestos gets disturbed, the tiny microfibers are released into the air. When they are inhaled, they can become trapped in the lungs and stay there for many years. Over time, the fibers can cause serious health problems such as lung disease and cancer.

Now is the time to start planning for the replacement of Moose Kerr School.

I will have questions for the Minister of Public Works later today.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Replacing Moose Kerr School In Aklavik

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Blake . Member for Sahtu , Mr. Yakeleya .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Transboundary Water Agreements

Members’ Statements

Norman Yakeleya

Sahtu

Thank you, Mr. Speaker. I want to talk to the issue of the transboundary water agreements that this government has undertaken since the Minister has taken the lead on this. The transboundary water agreements are very important, especially from our neighbours in the south of the Northwest Territories, specifically Alberta, because of the development that’s

happening in the Alberta province and that the flow from these rivers have come from the majority of the rivers here.

I want to talk because in the Sahtu Land Claim Agreement it speaks to a

chapter where the quality and the quantity of our waters would not be altered by any type of development and we would know for sure that our water will remain the same as it was when we started to negotiate our land claim agreement.

I understand that the Minister has been working very hard and the staff has been doing some excellent work on concluding some of the agreements, and I wanted to ask the Minister how this will affect our land claim and people’s water in the Northwest Territories, especially around the area of Great Slave Lake, coming down the Mackenzie River with the recent spill of the coalbed incident last year and the water monitoring stations along the Slave River, around the Great Slave area up around the Mackenzie River.

This agreement will have an impact to ensure that future generations will have clean quality drinking water. A lot of the animals rely on the Mackenzie River, people who live and trap along this great river.

I’ll have further questions to the Minister on the transboundary agreements with the provinces that we’re dealing with. Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Transboundary Water Agreements

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Yakeleya . Member for Hay River North , Mr. Bouchard .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Hay River Midwifery Program

Members’ Statements

Robert Bouchard

Hay River North

Thank you, Mr. Speaker. The Hay River Health and Social Services Authority is excited to announce the birth of the first baby in Hay River with our new Midwifery Program.

---Applause

On Wednesday, February 25, 2015, the first Hay River mother who planned her birth in the community with a midwife delivery delivered a healthy baby boy, 7 pounds, 9.5 ounces. Mother and baby are doing well and were able to return home after 24 hours.

The staff at H.H. Williams were welcoming of the new child and honestly were very excited that they’ve been trained to take on this new responsibility and were excited that Hay River is going to be back on birth certificates.

I’d like to thank everybody in the House here that supported midwifery. We look forward to seeing Hay River on the birth certificates out there. Thank you very much.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Hay River Midwifery Program

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Bouchard . The Member for Deh Cho , Mr. Nadli .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Auditor General Report On Corrections In The Northwest Territories – Department Of Justice

Members’ Statements

Michael Nadli

Deh Cho

Thank you, Mr. Speaker. A couple of days ago the Auditor General released a report on the correctional facilities in the Northwest Territories. I’ve heard people refer to the North Slave Correctional Centre as a country club. They say the facility doesn’t punish people but instead rewards them for the terrible things they’ve done.

There’s some superficial truth to the country club, but it doesn’t capture the whole story. Beneath the surface, things are more complicated. My experience is that many inmates are actually very good people, very good people who do very bad things when they’re drinking. When they are sober they are reliable, they are out on the land, they are raising families. Under the influence of alcohol, though, these same people show a completely different side time and time again. A Jekyll and Hyde pattern shows itself.

The Auditor General found some serious deficiencies in the rehabilitation of inmates. Even when inmates are identified as needing long-term individualized treatment to cope with alcohol dependency, they don’t receive meaningful support during the period of incarceration. That means inmates are not prepared to live clean or sober lives when they go back into the community. Without support, many inmates only return to their communities hardened by their prison experience.

Why does this matter? It matters because the government has a responsibility under the Corrections Act to provide treatment and rehabilitate offenders. However, many inmates are returning to their home communities without having received an appropriate level of aid and rehabilitative programming.

At the appropriate time I will ask the Premier to account for these failings. Mahsi.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Auditor General Report On Corrections In The Northwest Territories – Department Of Justice

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mr. Nadli . The Member for Hay River South , Mrs. Groenewegen .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Promoting Hay River

Members’ Statements

Jane Groenewegen

Hay River South

Thank you, Mr. Speaker. Just before we came into the House today, my colleague from Hay River North took me to a website on his computer which indicated a gentleman who has set up a special kind of Hansard, and in that Hansard you can put in key words and it tells you how many times those words were mentioned by certain Members.

I was dismayed to realize that my colleague has mentioned Hay River 40 more times than I have during this session.

---Interjection

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Promoting Hay River

Members’ Statements

Jane Groenewegen

Hay River South

Forty-five, oh right, because of his statement today.

So, I cannot let that be the truth. So, Mr. Speaker, I represent Hay River. I live in Hay River. I will grow old in Hay River. I invite people to visit Hay River, especially this weekend for Kamba Carnival. I invite this government to plan meetings, gatherings and conferences in Hay River and enjoy all of the amenities that Hay River has to offer.

Hay River is the NWT’s second largest community. Hay River was built there because of its proximity to the lake and to the Hay River. I want this government to be fair to Hay River residents when they hand out government program services and resources.

Hay River has an amazing business community on the leading edge of things in the area of manufacturing service and retail sectors. Hay River has outstanding volunteers and service clubs and sports organizations. To prove it, Hay River is home to our Olympic athlete, Brendan Green.

Hay River has exceptional schools with educators second to none. Hay River is the headquarters of the territorial library services. Hay River is headquarters to the NWT Liquor Commission. Hay River is headquarters to the Northwest Territories Power Corporation and, Mr. Speaker, Hay River is many, many more things, but I think I might have caught up by now. Thanks, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Promoting Hay River

Members’ Statements

The Speaker

Jackie Jacobson

Thank you, Mrs. Groenewegen . Item 4, reports of standing and special committees, Mr. Nadli .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

Michael Nadli

Deh Cho

Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of Bill 12 : Northern Employee Benefits Services Pension Plan Act, and commends it to the House.

Introduction

The Standing Committee on Government Operations – “the Standing Committee” – is pleased to report on its review of Bill 12 , Northern Employee Benefits Services Pension Plan Act.

Bill 12 , sponsored by the Department of Finance, sets out the legislative framework for the continuation of the Northern Employee Benefits Services, NEBS, Pension Plan as a multi-employer, multi-jurisdictional pension plan for employees of

approved public sector employers in the Northwest Territories and Nunavut.

Bill 12 received second reading in the Legislative Assembly on February 27, 2014, and was referred to the Standing Committee on Government Operations for review.

Background

NEBS has been in existence since 1979 and was incorporated as a not-for-profit corporation in 1999. At that time the plan was regulated under the federal Pension Benefits Standards Act, PBSA. In 2004 the federal office of the Superintendent of Financial Institutions, OSFI, determined that the NEBS Pension Plan no longer qualified for regulation under federal legislation. This decision meant that member pension contributions were no longer protected from creditors and locking-in provisions and plan portability outside the Northwest Territories and Nunavut were lost.

Additionally, while the NEBS Board of Directors continued to govern the NEBS Pension Plan in voluntary compliance with the PBSA, they no longer had the legislative authority to govern and manage the plan with certainty.

In 2009 the GNWT enacted the Northern Employee Benefits Services Pension Plan Act, as did Nunavut, which provides protection from creditors for member contributions. However, this still left NEBS conducting business in the absence of a legislative foundation. Bill 12 represents the collective efforts of the Government of the Northwest Territories’ Department of Finance and the Government of Nunavut’s Department of Community and Government Services, working in collaboration with NEBS, to resolve that problem.

The multi-jurisdictional nature of the proposed legislation governing NEBS has presented unique challenges related to the development and review of Bill 12 . It has created a situation in which two distinct, sovereign Legislatures are simultaneously considering amendments to two separate, but virtually identical, pieces of legislation governing a single body that conducts business in both jurisdictions. Therefore, at the same time that the Standing Committee on Government Operations has been considering Bill 12 , our counterpart in Nunavut, the Standing Committee on Legislation of the Legislative Assembly of Nunavut, has been considering Bill 1 .

While the circumstances that have given rise to two different Legislatures in two independently- governed jurisdictions considering “mirrored” legislation are unusual, they are not without precedent. The last time this situation occurred was in 2007, when both Nunavut and the Northwest Territories considered a new Workers’ Compensation Act. Passage of this act allowed both jurisdictions to continue to share a single Workers’ Safety and Compensation Commission

and to enjoy the economies of scale that come with doing so. It is in this same vein that the NEBS Pension Plan Act has been developed and is being considered, to allow employers and workers in both jurisdictions to participate in a single pension plan.

Given the complexity of the bill, and the high degree of collaboration required between Nunavut and the Northwest Territories to facilitate concurrent reviews of Bill 1 and Bill 12 , respectively, both committees determined that additional time would be required to complete their reviews. Consequently, consistent with each Legislature’s own rules, each standing committee sought to extend the review period for its respective bill by an additional 120 days. On October 27, 2014, the Government of Nunavut passed Motion 012-4(2): Extension of Review Period for Bill 1 , Northern Employee Benefits Services Pension Plan Act. On October

29, 2014, the chair of the Standing

Committee on Government Operations, in accordance with Rule 70(1) of the Rules of the Legislative Assembly of the Northwest Territories, requested in the House, under reports of committees on the review of bills, an extension by 120 days to the period of time allowed for the standing committee’s review of Bill 12 .

The committee wishes to take this opportunity to thank their counterparts and officials in Nunavut for their timely cooperation and spirit of collaboration which contributed to the successful review of this important bill.

Mr. Speaker, through you, I’ll ask Ms. Bisaro to continue with the report. Mahsi.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Nadli . Ms. Bisaro .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

Wendy Bisaro

Frame Lake

Thank you, Mr. Speaker.

The Public Review of Bill 12

The Standing Committee on Government Operations held a public hearing on Bill 12 , in Yellowknife, on September 25, 2014. The committee anticipated that there would be some degree of stakeholder interest in Bill 12 , owing to the importance placed by most individuals on matters related to their pensions. However, the turnout for the meeting exceeded the committee’s expectations. The committee wishes to thank everyone who attended the public hearing, especially for their forbearance regarding the somewhat crowded committee room.

The chair of the standing committee opened the meeting, followed by opening remarks by the Honourable J. Michael Miltenberger , Minister of Finance, and Mr. John McKee, president/chairman of NEBS. Opening remarks were followed by presentations made by Mr. Mike Aumond, deputy minister, Department of Finance; and Mr. Shawn Maley, chief executive officer, NEBS.

The following individuals were also present as part of the delegations: • Mr. Jamie Koe, director of corporate services,

Department of Finance, GNWT;

• Ms. Kelly McLaughlin, director, legal services,

Department of Justice, GNWT;

• Mr. Carl Bird, director, NEBS; • Mr. Jeff Renaud, director, NEBS; and • Ms. Nicole Pintkowsky, director, program

operations, NEBS.

The committee received oral and written submissions from: • Mr. Dennis Adams, a retired NEBS pensioner

and former CEO of NEBS, writing as a member of the public;

• Mr. James Anderson, a member of the public; • Mr. Jack Bourassa, regional executive vice-

president, north, Public Service Alliance of Canada;

• Ms. Mary Lou Cherwaty, president, Northern

Territories Federation of Labour;

• Mr. Metro Huculak, superintendent, Yellowknife

Education District No. 1;

• Mr. Kevin Hynes, president, International

Association of Fire Fighters, Local 2890;

• Mr. James Infantino, pensions and disability

insurance officer, national programs section, membership programs branch, Public Service Alliance of Canada; and

• Ms. Gayla Meredith, president, and Mr. Dave

Roebuck, executive director, Northwest Territories Teachers’ Association.

Outside of the call for submissions, the committee also received correspondence related to Bill 12 from: • Ms. Sara Brown, chief executive officer, NWT

Association of Communities; and

• Mr. Shawn Maley, chief executive officer,

NEBS.

All submissions received by the committee are appended to this report.

What We Heard

It is clear from the passion with which presenters spoke that pension security is an emotionally- charged subject matter and one that is very important to those who work hard to save towards their retirement. The standing committee found all of the submissions it received to be thoughtful and carefully considered and wishes to thank everyone who took the time to provide a submission on Bill 12 . While the comments on Bill 12 were broad-

ranging, the following themes emerged from the submissions:

1. General Support for NEBS Legislation but

Calls for Withdrawal of Bill 12

All of the submissions we received acknowledged the need for and were supportive, in principle, of legislation to govern NEBS. There was no one who expressed the opinion that NEBS should continue to be administered in the absence of a legislative framework.

Despite the support for legislation in some form, the degree of support for Bill 12 varied and all of the submissions raised concerns regarding aspects of the bill that were considered to be problematic.

Of the eight submissions received, one was supportive of Bill 12 , but acknowledged those parts of the bill that were likely to be contentious and offered suggestions as to how those areas of concern might be addressed. One was supportive, provided that NEBS remained a “defined-benefits” pension plan. Three submissions called for Bill 12 to be withdrawn, or abandoned in its current form, on the basis that inadequate consultation had taken place with pension holders and called for a meaningful consultation process to be established in place of Bill 12 .

Ultimately, after considering all of the input received, the standing committee felt that the withdrawal of Bill 12 would be counterproductive. The committee felt that the key concerns of stakeholders could be addressed with appropriate changes to Bill 12 . It is on this basis that committee proposed 12 motions to amend the gill which are discussed in greater detail under the

section of the report titled “What We Did.”

Lack of Consultation with Pension Beneficiaries

Going into the public hearing on Bill 12 , the committee was concerned that pension beneficiaries had not been adequately consulted during the preparation of Bill 12 . This concern was substantiated by several of the presenters, some who confirmed that no consultation was undertaken with the bargaining agents representing pension beneficiaries and some who noted that, as pension-holders, they had received no information or meaningful consultation on the proposed legislation.

When asked specifically about the government’s consultation efforts, Minister Miltenberger spoke about the consultation that took place with the Nunavut government and Mr. Aumond added that the GNWT consulted with the NEBS Board. Mr. Maley described the consultation effort by

NEBS as “extensive,” adding that NEBS made a point of telling beneficiaries what is going on with the development of Bill 12 .

The committee was persuaded that Bill 12 was developed in the absence of meaningful consultation with pension beneficiaries. Meaningful consultation depends on those being consulted having adequate information, time to consider it and the ability to have input into decisions before they are made. The committee has no reason to doubt the truth of Mr. Maley’s claim that beneficiaries were provided with information about the legislation as it was being developed. However, merely providing information does not constitute consultation.

In this regard, the committee feels that, ultimately, it is the Minister of Finance as the sponsor of the bill who has a duty to ensure that adequate and appropriate consultation takes place with all stakeholders, including pension beneficiaries. By restricting their consultation efforts to the Government of Nunavut and NEBS Board members and officials, this duty was not met by the Department of Finance.

3. Retroactive Reduction of Accrued Ancillary

Benefits

Clauses 15(1)(

a) and (

b) of Bill 12 authorize the Pension Committee “at any time, from time to time,” to retroactively reduce accrued ancillary benefits and to reduce core pension benefits on a going-forward basis. Serious concerns were raised regarding this provision because it was seen to be giving the Pension Committee this power under circumstances in which a majority of the Pension Committee members represent employer members of NEBS, not employee pension holders. These concerns were exacerbated by the fact that the definition of what benefits are considered “core” versus “ancillary” is not included in the legislation, but is instead left to be defined in the plan documents.

NEBS representatives responded to this concern by noting that ancillary benefits would be defined narrowly as cost of living indexing benefits and that the Pension Committee has no intention of reducing ancillary benefits accrued before the coming-into-force date of Bill 12 .

The committee believes that the representatives of NEBS who appeared before the committee were well-meaning and sincere in their efforts to develop legislation governing the NEBS Pension Plan. The committee has no reason to disbelieve the information they were provided, which included assurances from NEBS representatives that they have no intention of reducing any benefits. These assurances notwithstanding, the committee is aware that the legislation has the potential to long outlast the

current NEBS Board and administration and that, as drafted, Bill 12 provides the authority for the retroactive reduction of accrued ancillary benefits and the future reduction of core benefits not yet accrued.

As a result of the concerns heard, the standing committee moved Motion 6 which, among other things, removes the ability of the NEBS Board or Pension Committee to retroactively reduce any accrued benefits. Motion 6 is discussed in further detail below, as are Motions 8 and 11, which are related to Motion 6.

Mr. Speaker, I would like to pass the reading of the report to my colleague Mr. Dolynny .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Ms. Bisaro . Mr. Dolynny .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

Daryl Dolynny

Range Lake

Thank you, Mr. Speaker. Thank you, Ms. Bisaro .

4. Defined-Benefit versus Target-Benefit Model

Closely related to the proposal allowing the retroactive reduction of ancillary benefits is the issue of how Bill 12 would affect the nature of the NEBS plan. Presenters who spoke against Bill 12 expressed the view that the NEBS plan is a defined-benefit pension model and that the provision allowing the retroactive reduction of ancillary benefits, if and when put into effect, would effectively shift NEBS to a target-benefit pension model.

A defined-benefit pension plan is a type of plan which pays a guaranteed, predetermined benefit on retirement. The plan is 'defined' in the sense that the benefit formula is specified and known in advance. On the other hand, a target-benefit pension plan is one in which future benefits are based on affordability projections and may vary as a function of the funding status of the plan. Plan members, therefore, share a greater degree of plan risk through adjustments to their benefits.

Committee found the discussion around this point to be complicated by the fact that participants did not have a shared understanding of what constitutes a “defined- benefit” plan. Both the Department of Finance and NEBS representatives put forth the proposition that by continuing to protect “core” benefits from reduction, the nature of the NEBS Pension Plan under Bill 12 remained a “defined- benefits” plan.

The bill’s detractors expressed the view that giving the Pension Committee the authority to retroactively reduce any accrued benefits – core or otherwise – would have the effect of changing the NEBS plan from a defined-benefit to a target-benefit model. Participants referred to this as “sacrilege” and “breaking the pension

promise,” arguing that NEBS employers had entered into a covenant with employees to provide a set pension benefit based on their contributions, and that to reduce this retroactively is tantamount to reneging on this covenant.

In order to understand the significance of the shift from a defined- to a target-benefit model, committee found it important to look at trends in pension reform in the larger Canadian context. Committee’s research showed that, across Canada and in other industrialized nations, there has been a movement in recent years away from defined-benefit pension models to models in which the benefits are targeted. This shift has been precipitated by the challenges faced by both public and private sector employers in keeping their pension funds solvent.

The movement to a target-benefit model is one approach being employed to address the problem of pension solvency. However, it is not without its critics. Views and perceptions around target-benefit pension models have the potential to be polarizing, depending upon one’s position.

The committee did not feel that it was necessary to reach agreement regarding what constitutes a “defined-benefit” pension. Regardless of the label used, it was clear to the committee that the retroactive reduction of any accrued benefits, whether considered to be “ancillary” or “core,” was something that pension beneficiaries did not want to see happen. At the same time, the standing committee is cognizant of the need for the NEBS Board and Pension Committee to have tools that allow them to maintain a solvent plan otherwise all beneficiaries are ultimately at risk of receiving little or no pension whatsoever.

To address these concerns, the committee moved Motion 6, which has the effect of ensuring that the NEBS pension remains a defined-benefit plan. For further certainty, the term “defined-benefit” is incorporated into the bill through Motion 1.

5. Pension Committee Governance Model

Section 11 of Bill 12 , as originally drafted, authorizes the composition of the NEBS Board to be set out in the NEBS bylaws. It also gives the board the exclusive authority to appoint members or set the rules for their election to the Pension Committee, in addition to determining their numbers and length of term.

Section 12 specifies that there must be at least two members on the Pension Committee who are independent to the extent that neither is a member of the board or an employee of a participating employer. Sections 11 and 12 also establish the authorities of the NEBS Board and Pension Committee respectively.

A good deal of the input heard by the committee pertained to this governance model established for the NEBS Pension Plan by Bill 12 . The committee was told that the legislation “fails to establish good governance;” that “the governance model is seriously flawed;” that it “imposes a flawed administrative process with no effective voice for the parties that bear the risk;” and that it “leaves all major decisions in the hands of the NEBS Board and Pension Committee, which are dominated by employers.”

In illustrating this point, presenters made specific note of

Section 15(3), which effectively gives employers, represented by the NEBS Board, the power to opt out of contribution increases, thereby placing the burden for an under-funded plan fully on employees.

These submissions called for the implementation of a joint-governance pension- plan model. The standing committee considered the implications of this and determined that such an approach would likely necessitate a rewrite of the bill, which would delay the implementation of pension legislation for NEBS possibly beyond the life of the 17th Assembly. The standing committee opted to focus its efforts on making amendments to the existing bill, with the hope and expectation that it could be amended to address the major concerns raised, without unduly delaying the bill’s passage.

One submission expressed the opinion that it is unnecessary to change the governance structure of the plan to ensure that the needs of pension beneficiaries are considered, because the fiduciary duty of the Pension Committee members requires them to act on behalf of beneficiaries. The Minister’s staff and NEBS representatives also made this assertion that NEBS pension committee members will act in the interests of pension beneficiaries because they have a fiduciary obligation to do so.

The standing committee gave a great deal of consideration to this view. While standing committee members acknowledge the importance of the fiduciary obligations of Pension Committee members, the existence of this obligation alone cannot overcome the biases inherent in a governance design that favours employer over employee interests. If that were the case, observed the standing committee, then fiduciary duty would have resulted in a more meaningful consultation with employee pension beneficiaries during the development of Bill 12 .

In response to concerns heard, the standing committee moved Motion 5 to mandate in the legislation the composition of the Pension Committee. Motions 3 and 4 are also related to

the powers of the Pension Committee and are discussed in further detail below.

6. GNWT Powers Under Bill 12

A number of presenters raised concerns about sections of the bill that they viewed as giving the GNWT too much power and influence over the NEBS plan and/or the NEBS Board and Pension Committee.

Section 9(1)

Some presenters expressed a concern that

Section 9(1) of the bill, for example, “invests enormous and far-reaching powers to the Minister, with no recourse except to the courts,” thereby giving the GNWT too much power to override decisions.

The committee considered these concerns but recognized that the removal of this provision from the bill would leave the Minister unable to act in the event that there was a failure to manage the NEBS plan in compliance with the act.

The committee looked to other pieces of legislation providing similar powers to the Minister to step in and act in the event of a problem. One example is offered by

Section 156 of the Cities, Towns and Villages Act, which allows the Minister to intervene in the affairs of a municipal corporation. In this case, the Minister may only act in unusual circumstances to address problems that have arisen. Similar powers are contained in

Section 17 of the Hospital Insurance and Health and Social Services Administration Act which allows the Minister to appoint a person to act as a public administrator of a health or social services facility under specific circumstances where care is jeopardized.

Having reviewed similar provisions in other legislation, the committee is of the view that the powers provided to the Minister in

Section 9(1) of Bill 12 reasonably afford the government the authority to enforce its legislation, and only in the event that specified problems arise.

Section 10(2)

Similar concerns were raised regarding

Section 10(2) of Bill 12 . This clause specifies that in the event that the GNWT becomes a member of NEBS, then the GNWT must adhere to the requirements of a participating member. Some presenters felt that this clause allows the GNWT to become a plan member, with too much power under

Section 15(2) and (3).

The committee considered this concern but determined that it was based on a lack of understanding about the purpose of the clause. The intent of the clause is to give greater certainty that if the GNWT were to join NEBS, it

would enjoy no special privileges as an employer member. This clause was described by a member of the Department of Finance delegation as a comfort clause included at the request of the NEBS Board.

The existence of clause 10(2) does not “permit” the GNWT to join NEBS. In fact it is

Section 22, which defines a “public sector employer” as including “a territorial government,” that permits the GNWT to join NEBS. Therefore, the removal of clause 10(2) does not prevent the GNWT from joining NEBS. Its removal does, however, eliminate the certainty provided by the clause that the GNWT must follow the rules in the same manner as any other member employer. For this reason, the committee determined that the clause should remain in the bill.

Through you, Mr. Speaker, I would like to pass this to my colleague Mr. Moses . Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Dolynny . Mr. Moses .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

Alfred Moses

Inuvik Boot Lake

Thank you, Mr. Speaker. Thank you, Mr. Dolynny .

Other Issues

1. Solvency versus Going-concern Valuation

Section 31 of Bill 12 sets out the requirement that the NEBS plan be funded on a going concern basis, rather than a solvency basis.

Although this was not raised as a concern in any of the submissions received by the standing committee, the committee gave consideration to this

section of the bill, which represents a change in the way NEBS has conducted its business in the past.

A solvency valuation is performed to determine the funded status of a plan if it were to terminate on a certain date. It is a common practice for private sector plans to be funded on a solvency basis where there is a much greater risk that a plan might wind up as a result of bankruptcy or business closure.

A going-concern valuation, by comparison, is calculated based on whether or not there is enough money now in the plan, when combined with expected new contributions, to cover the benefits of current and future retirees.

The standing committee was persuaded by NEBS’ position that it is more appropriate that this pension be funded on a going-concern basis, as it is a type of pension plan that is likely to operate indefinitely and one which is not facing an immediate threat to its existence.

2. Limiting the Scope of Intergovernmental

Agreements

In order to deal with the practicalities of operating the NEBS plan in a multi-jurisdictional

environment, Bill 12 allows for the Minister responsible to enter into intergovernmental agreements respecting matters related to the NEBS plan. In some defined circumstances, the terms of an intergovernmental agreement will prevail, if there is a conflict, over some sections of the act.

The standing committee acknowledged the rationale for intergovernmental agreements, given the multi-jurisdictional nature of the NEBS plan, but was concerned about ensuring in the legislation that the power afforded to governments, in entering into intergovernmental agreements, not be used in such a way as to circumvent requirements of the act. Motion 3 addresses this concern.

3. Addressing the “50-50 Rule”

Clause 32 of Bill 12 specifies that, under the NEBS plan, the contribution rate for active members must be equal to the contribution rate for participating employers.

The standing committee considered the possibility that employers may wish to make pension contributions in excess of 50 percent, as an employment incentive to recruit and retain workers. The committee discussed with Minister Miltenberger the option of amending the legislation to provide the flexibility to the Pension Committee to increase the employer contribution rate beyond 50 percent.

In declining to concur with the committee’s proposal, the Minister offered the rationale that the trend for public sector plans across Canada is to require 50-50 cost sharing. The Minister also pointed out the inherent logic in enshrining a 50-50 cost sharing arrangement to complement the proposed amendments to clause 12 creating a 50-50 governance model for the Pension Committee.

The standing committee reviewed pension legislation across Canada, to determine how other jurisdictions addressed the matter of employee-employer contribution rates. Their research revealed that: • All of the statutes reviewed have clauses

intended to prohibit an employee’s contributions to his or her pension from exceeding a certain level or threshold. Under the Pension Benefits Standards Act (Canada) and eight provincial statutes, the employee’s contribution plus interest may not exceed 50 percent.

• The New Brunswick Pension Benefits Act

permits the minimum employee contribution to be determined according to the relevant pension plan. However, where the pension plan is silent, then “the plan shall be deemed to have fixed the percentage at 50 percent.”

• Three jurisdictions – Manitoba, Ontario and

Newfoundland and Labrador – refer to this as the “50-50 Rule.” In others, it is variously referred to as the “minimum commuted value,” “maximum employee cost,” or the “minimum employer contribution.”

The standing committee found that, while the effect of such provisions may be to create an environment where 50-50 cost sharing is likely to occur, the legislation is not worded to require cost-sharing. The committee’s research did not reveal any provisions in any of the statutes it reviewed that prohibit an employer from making a contribution in excess of 50 percent.

Therefore, while the committee was not persuaded by the Minister’s assertion that the trend across Canada is 50-50 cost-sharing, the committee was willing to concede that the amendments to clause 12, allowing for balanced employee-employer membership on the Pension Committee, was reasonable grounds for acceptance of the “50-50 rule.”

What We Did

The standing committee listened intently and gave careful consideration to the opinions that were expressed at the public hearing on Bill 12 .

The clause-by-clause review of the bill was held on February 19, 2014. At this meeting, the committee moved 12 separate motions to amend Bill 12 . Each of these motions was carried and Minister Miltenberger concurred with each:

Motion 1 - To amend clause 2 by adding “defined

benefit” after “multijurisdictional.”

This amendment clarifies, in legislation, the commitment to have the NEBS plan operate and be interpreted as a “defined benefit” plan rather than a “target benefit” plan. There is further discussion related to this motion under Motion 6, below.

Motion 2 - To amend clause 7(2) to add a provision

to provide than an intergovernmental agreement cannot waive any requirement under the act.

This amendment provides that no provision of an intergovernmental agreement may be used to waive statutory requirements of the act.

Motion 3 - To amend clause 11(3)(a)(ii) to remove

the power of the board to determine the number of pension committee members.

This is a consequential motion necessitated by the amendment to clause 12, Motion 5, which specifies the number of pension committee members. Given that the composition of the pension committee will be set in the legislation, it is no longer appropriate, and legislatively confusing, to have the current sub- clause permitting the board to set the number remain in the bill.

Motion 4 - To amend clause 11(3) to remove the

power of the NEBS Board to approve or reject contribution rate increases for participating employers.

This motion is related to Motion 6 to amend clause 15(3) and removes the authority of the board to approve or reject Pension Committee recommendations for contribution rate increases for employers.

This motion, in conjunction with Motion 6 to amend clause 15(3), means that the power to recommend and implement increases will lie with the pension committee, not the NEBS Board.

Motion 5 - To amend clause 12 to set forth the

composition of the Pension Committee.

As originally drafted, Bill 12 proposed that the Pension Committee be composed of two independent members and such other members as the board determines.

The standing committee heard the concerns that the composition of the Pension Committee was seen to be weighted to favour the interests of employer members over beneficiaries, and that employees were left without an effective voice in the governance of the NEBS plan.

The standing committee passed a motion to amend clause 12 to provide for equal employee/employer balance, with one independent member of the Pension Committee. It also provides that the pension committee shall elect its own chair. The standing committee believes that this amendment to the bill will implement a fair and balanced governance model for the NEBS plan.

Mr. Speaker, I now ask to turn the report over to my colleague Mr. Yakeleya .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

Norman Yakeleya

Sahtu

Thank you, Mr. Moses .

Motion 6 - To amend clause 15 to deal with the

powers of the Pension Committee if there are insufficient assets in the plan.

As originally drafted, clause 15 of Bill 12 authorizes the Pension Committee, at any time, to retroactively reduce accrued ancillary benefits and to reduce core pension benefits on a going-forward basis.

In the event that there are insufficient assets to maintain the solvency of the NEBS plan, Bill 12 also requires that the Pension Committee request the consent of the NEBS Board to increase contributions to the pension fund before taking any actions to change or reduce benefits.

This

section of the bill, as originally written, also gives the board the power to veto any proposed increase to the rate of contributions by employer members.

The standing committee listened carefully to the concerns raised by many of the presenters who viewed these authorities as placing an undue

burden on employee beneficiaries to pay for the costs of an underfunded pension. This was seen to be especially problematic given the lack of employee representation on the pension committee.

As a result, the standing committee proposed amendments replacing clause 15 with a new clause that removes the ability of the pension committee to retroactively reduce any earned benefit as a way of dealing with insufficient assets in the plan.

There is one exception to this general prohibition against the retroactive reduction of accrued benefits: • This exception occurs only in the specific case

of the accrual of cost of living indexing benefits accrued after December 31, 2004, where an employer withdraws from the plan or the plan is terminated.

• If there are insufficient assets, and the employer

has withdrawn or the plan has been terminated, then indexing benefits earned after December 31, 2004, are not guaranteed but are, instead, discretionary.

• This exception is in keeping with the current

plan text, in which plan members only accrue a right to receive indexing benefits if the plan is not wound up or an employer has not withdrawn.

In addition to the prohibition against the retroactive reduction of accrued benefits, the amended provision gives the Pension Committee the authority to increase contribution rates as one of the ways of addressing an insufficiency of assets in the plan.

As well, this motion removes the clause giving the board a veto power over contribution increases. As a result, the authority for managing pension fund solvency will rest with the Pension Committee.

This motion also has the effect of ensuring that the NEBS Pension Plan remains a defined-benefit plan. For greater certainty, this is enshrined through the proposal in Motion 1 to include the term “defined- benefit” in clause 2 of the bill which outlines the purpose of the act.

Motion 7 -

To amend clause 22(3) to refine Minister’s ability to direct class of employer to apply for membership.

The purpose of this motion is to bring the language of this provision in Bill 12 in line with the language used in Nunavut’s Bill 1 , so that the bills mirror each other as closely as possible.

This has the effect of making the wording of this clause more precise. It removes the ability of the Minister to direct either an Aboriginal government or the legislative or judicial branches of the territorial

government to apply for membership in the NEBS plan.

Motion 8 - To amend clause 25 to set forth what an

actuarial funding report must contain in the event of a funding deficiency – options.

This is a technical amendment designed to go with the amendment to clause 15, Motion 6. This motion eliminates the option of proposing, in an actuarial report, a retroactive reduction of benefits in the event of a funding shortfall.

Motion 9 - To add a subsection to clause 25 to

require tabling in the Legislative Assembly of the actuarial valuation reports.

This motion would require the Minister to table in the Legislative Assembly an actuarial valuation report within 120 days of receipt, or, if the Assembly is not sitting, at the first available opportunity when it next sits.

Motion 10 - To add a subsection to clause 27 to

require tabling of the Pension Committee’s financial reports.

This motion requires the Minister to table in the Assembly the Pension Committee’s financial report within 120 days of receipt, or, if the Assembly is not sitting, at the first available opportunity when it next sits.

As with Motion 9, the purpose of this motion is simply to ensure, through legislation, that this information is made available to the public. Motions 9 and 10 were favoured by the Legislative Assembly of Nunavut’s Standing Committee on Legislation and were added to Bill 12 , with the concurrence of this standing committee and the GNWT’s Minister of Finance to ensure symmetry with Nunavut’s Bill 1 .

Motion 11 - To amend clause 28(4) to provide that

amendments to reduce benefits do not come into force until 60 days after notice is given to affected members.

Under the heading “Disclosure to Members,” Bill 12 contains a clause requiring that 60 days’ advance notice be provided to any pension beneficiary adversely affected by any decision of the Pension Committee to retroactively reduce accrued ancillary benefits.

With the amendment to clause 15, Motion 6, removing the authority to retroactively reduce accrued ancillary pension benefits, such a period of advance notice is no longer necessary.

Nonetheless, the standing committee feels that any reductions to ancillary and/or core benefits planned by the Pension Committee on a going-forward basis warrant 60 days’ advance notice to affected plan members. This amendment ensures that such notice is provided.

Motion 12 - To amend clause 57(3) to provide that

when the Minister cannot give 30 days’ advance notice of a decision under 57(2), being a decision to terminate the plan, the Minister must give notice as soon as possible.

As with Motion 7, the intent of this motion is to mirror the equivalent provision of the Nunavut legislation.

This amendment has the effect of ensuring, where the plan is being wound up, that whatever notice is possible is being given.

Mr. Speaker, now I turn the report over to the chair, Mr. Nadli .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Yakeleya . Mr. Nadli .

Conclusion

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

Michael Nadli

Deh Cho

Thank you, Mr. Speaker. The Standing Committee on Government Operations’ review of Bill 12 is the result of a highly collaborative process. The standing committee wishes to thank everyone involved in the review of this bill for their assistance and input.

During the clause-by-clause review, the standing committee and Minister agreed to the 12 amendments to Bill 12 outlined in the motions above.

Following the clause-by-clause review, a motion was carried to report Bill 12 , Northern Employee Benefits Services Pension Plan Act, as amended and reprinted, as ready for consideration in Committee of the Whole.

This concludes the standing committee’s review.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 11-17(5): Report On The Review Of Bill 12: Northern Employees Benefits Services Pension Plan Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Nadli . Mr. Nadli .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 11-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

Michael Nadli

Deh Cho

Thank you, Mr. Speaker. That concludes the presentation of our report. Therefore, I move, seconded by the honorable Member for Frame Lake , that Committee Report 11-17-(5), Report on the Review of Bill 12 : Northern Employees Benefits Services Pension Plan Act, be received by the Assembly and moved into Committee of the Whole for further consideration.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 11-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Nadli . The motion is in order. To the motion.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 11-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

Some Hon. Members

Question.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 11-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Question has been called. The motion is carried.

---Carried

Committee Report 11-17-(5) is received by the Assembly and is referred to Committee of the Whole for further consideration.

Mr. Moses .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 12-17(5): Report On The Review Of Bill 36: Health And Social Services Professions Act

Reports of Standing and Special Committees

Alfred Moses

Inuvik Boot Lake

Mr. Speaker, your Standing Committee on Social Programs is pleased to provide its Report on the Review of Bill 36 : Health and Social Services Professions Act, and commends it to the House.

Introduction

Bill 36 , the Health and Social Services Professions Act, will enable the government to regulate numerous professions under a single law. As such, it mirrors umbrella legislation in six other Canadian jurisdictions. The act will ensure that only qualified professionals are licenced to practice. It will also empower the Minister to establish a mechanism for hearing complaints and reviewing professional conduct.

The Standing Committee on Social Programs commends the Minister for developing the bill. It is the result of five years of work by the Department of Health and Social Services, professional stakeholders and the public. The committee believes that the act will enhance public safety, improve the level of care and professionalism in the Northwest Territories and bring our jurisdiction into step with other parts of Canada.

Bill 36 was referred to the committee on November 4, 2014. The public hearing was held on January 19, 2015, and the clause-by-clause review was held on February 24, 2015. During the review the committee passed two minor amendments to address drafting concerns identified by the department and made at the request of the Minister.

Comments were received from more than a dozen stakeholders, including: the Northwest Territories Information and Privacy Commissioner; the Association of Psychologists of the Northwest Territories; the Northwest Territories Association of Naturopathic Doctors; the Canadian Association of Occupational Therapists; the Canadian Society for Medical Laboratory Science; the Northwest Territories Massage Therapists Association; the Canadian National Institute for the Blind; the Alliance of Medical Radiation Technologist Regulators of Canada; the Northern Nutrition Association; and a community advocate. All stakeholder comments were shared with the Minister.

Overall, stakeholders indicated strong support for the bill. Many are eager to become regulated under

the act. Stakeholders also raised some concerns about how the legislation will be implemented. The remainder of this report addresses these concerns and recommends several courses of action.

Privacy Concerns

The Northwest Territories Information and Privacy Commissioner identified four concerns related to the protection of privacy.

1. Authorities granted to an investigator under

the act may violate the Access to Information and Protection of Privacy Act (ATIPP) or the Health Information Act.

The bill authorizes an investigator to make inquiries of “any person” when investigating a complaint. This leaves a person with no option but to produce records or other materials. The committee considered this matter carefully and concluded that authorities granted to an investigator are consistent with ATIPP and the Health Information Act. Under ATIPP, information may be disclosed if another statute authorizes the disclosure. Under the Health Information Act, a health-information custodian must disclose information if it is requested during the course of an investigation into a health provider’s conduct.

The committee noted that the bill protects third- party information against inclusion in the investigator’s written report. The bill requires an investigator to prepare a written report and provide it to the complaints officer. In turn, the bill allows the complaints officer to refer the matter to a board of inquiry. However, the bill stipulates that third-party information must not to be included in the report and may only be used to determine how a complaint will be handled.

2. Appointed officials under the act may not be

subject to ATIPP or the Information Act.

The Department of Health and Social Services advised the committee that all health-related registrars and registry offices are housed within the department and fall under the public service. Registrars and their records are therefore subject to ATIPP. In addition, the department noted that other appointed or contracted officials are required to sign standard contracts, which require compliance with ATIPP.

3. The requirement to hold a public hearing

may violate ATIPP, the Health Information Act, or the principles of the protection of personal information.

After careful review, the committee concluded that the common-law doctrine of procedural fairness requires hearings to be held in public. Public hearings allow for scrutiny and ensure that proceedings are fair, transparent and unbiased. Public hearings also give the respondent the right to be heard and to respond to evidence. Members

further determined that the bill’s provisions respecting public hearings are consistent with other health-related legislation.

The committee noted that the right to a public hearing is not unlimited. A board of inquiry may hold an in-camera hearing where it decides that the public interest is outweighed by other considerations, such as protection of a person’s privacy.

4. The power to compel witnesses at a public

hearing may violate ATIPP, the Health Information Act, or the principles of the protection of personal information.

The committee considered this matter in detail and concluded that the power to compel a witness is a common-law principle of procedural fairness. It allows the respondent and the complainant to put all relevant information before the decision-maker. The committee also determined that the bill’s provisions respecting the power to compel witnesses, and the potential consequences of contempt, are consistent with other health-related legislation.

Mr. Speaker, at this time I would like to pass the report over to my colleague Mr. Dolynny .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 12-17(5): Report On The Review Of Bill 36: Health And Social Services Professions Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Moses . Mr. Dolynny .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 12-17(5): Report On The Review Of Bill 36: Health And Social Services Professions Act

Reports of Standing and Special Committees

Daryl Dolynny

Range Lake

Thank you, Mr. Speaker. Thank you, Mr. Moses .

Implementation

The majority of stakeholders requested that professionals be given opportunities for substantive input into the development of regulations. The committee was pleased to hear the Minister agree to this request.

Several stakeholders recommended that a majority of registration-committee members be licenced practitioners or at least very knowledgeable about the profession. The committee noted that provisions pertaining to registration committees are flexible enough to accommodate this request.

Some stakeholders drew attention to the difficulty of regulating professions, which have a small number of practitioners. For instance, the Northwest Territories is home to just a handful of naturopathic doctors. The association representing them noted potential for conflicts of interest or situations in which “friends are regulating friends.”

One community advocate made several recommendations. First, she recommended that the department ensure complainants are interviewed by a complaints officer. Second, she recommended that community members be given a stronger voice in the licensing, registration, and complaints processes. Third, she urged caution around the use of alternative dispute resolution processes, noting

that such processes can result in hasty or inadequate remedies for complainants.

Another stakeholder expressed fear that professional standards will erode if foreign-trained professionals are licenced within the Northwest Territories. However, the Minister and his staff indicated that the department does not have the capacity to assess or certify foreign-trained professionals and will therefore only accept foreign- trained professionals who are certified in other Canadian jurisdictions.

With respect to fees, several stakeholders cautioned against overburdening professionals who are required to pay fees to national associations or in other jurisdictions. They requested that the government keep its fees to a minimum. The Minister assured the committee that annual fees in the Northwest Territories will be kept to $300 or less.

Recommended Actions

The Standing Committee on Social Programs recommends the following courses of action:

1) that the Department of Health and Social

Services proceed without delay in regulating the first four professions, including emergency medical service providers, psychologists, licenced practical nurses and naturopathic doctors, and further, that the Department of Health and Social Services respond swiftly to other professions requesting to be regulated;

2) that the Department of Health and Social

Services provide professionals with opportunities for substantive input on the development of regulations;

3) that the Department of Health and Social

Services ensure that the legislation is carefully implemented in accordance with ATIPP and the Health Information Act;

4) that the Department of Health and Social

Services ensure that a majority of registration- committee members be licenced practitioners of the profession;

5) that the Department of Health and Social

Services seek the involvement of professionals in other jurisdictions where there is a small number of professionals practising in the Northwest Territories;

6) that the Department of Health and Social

Services provide community members with opportunities for input in the registration and complaint processes;

7) that the Department of Health and Social

Services direct the complaints officer to interview every complainant to ensure that complaints are accurately understood;

8) that the Department of Health and Social

Services exercise caution in the use of

alternative dispute resolution processes and guard against hasty or inadequate remedies for complainants;

9) that the Department of Health and Social

Services set reasonable and nominal fees for professional memberships; and

10) that the Department of Health and Social

Services require professionals to meet national certification standards, engage in professional development, and keep abreast of best practices in their profession.

Recommendations

Recommendation 1

That the Government of the Northwest Territories provide a comprehensive response to this report within 120 days.

Through you, Mr. Speaker, I would like to pass this back to our chair, Mr. Moses . Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 12-17(5): Report On The Review Of Bill 36: Health And Social Services Professions Act

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Dolynny . Mr. Moses .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Committee Report 12-17(5): Report On The Review Of Bill 36: Health And Social Services Professions Act

Reports of Standing and Special Committees

Alfred Moses

Inuvik Boot Lake

Thank you, Mr. Speaker. Thank you, Mr. Dolynny .

Conclusion

The committee thanks all stakeholders who commented on the bill or attended the public hearing.

The Standing Committee on Social Programs advises that it supports Bill 36 as amended and reprinted and presents it for consideration to Committee of the Whole.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 12-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

Alfred Moses

Inuvik Boot Lake

That concludes the presentation of our report. Therefore, I move, seconded by the honourable Member for Range Lake , that Committee Report 12-17(5), Report of the Review of Bill 36 : Health and Social Services Professions Act, be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 12-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Thank you, Mr. Moses . The motion is in order. To the motion.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 12-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

Some Hon. Members

Question.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Motion To Receive Committee Report 12-17(5) And Move Into Committee Of The Whole, Carried

Reports of Standing and Special Committees

The Speaker

Jackie Jacobson

Question has been called. The motion is carried.

---Carried

Committee Report 12-17(5) is received by the Assembly and referred to Committee of the Whole for further consideration.

Item 5, returns to oral questions. Item 6, recognition of visitors in the gallery.

Welcome everybody here in the public gallery today. Thank you for taking an interest in our proceedings.

Item 7, acknowledgements. Item 8, oral questions. Mr. Menicoche .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Kevin A. Menicoche

Nahendeh

Thank you, Mr. Speaker. Earlier in the day when I did my Member’s statement, I was speaking about the Stanton Renewal Project and the need to include an Aboriginal wellness centre. So I’d like to ask the Minister of Health and Social Services – I know he had discussions with the elders, the Stanton Elders Council on this matter – how supportive is he of such a project? Thank you very much.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

The Speaker

Jackie Jacobson

Thank you, Mr. Menicoche . The Minister of Health , Mr. Abernethy .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Glen Abernethy

Great Slave

Thank you, Mr. Speaker. The department and I recognize the importance of culture in health care, and work to incorporate Aboriginal wellness is being done within Stanton and within the health care system here in the Northwest Territories. We have planned for continued delivery of Aboriginal wellness programs through Stanton, but we do acknowledge that not all of the functions or activities that can be done, or should be done, in the Aboriginal wellness centre could actually be done within the infrastructure of a hospital. There are certain codes that we have to adhere to and some of the activities cannot be done.

The concept of an Aboriginal wellness centre is based on similar approaches that we’ve seen in Alaska and elsewhere, including some things that are being done in the Yukon. Planning for an Aboriginal centre is being done at Stanton Territorial Hospital, and it’s being done at the same time as the Stanton redevelopment. We are working closely with the Elders Advisory Committee and moving forward and planning for an Aboriginal wellness centre on the Stanton grounds. Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Kevin A. Menicoche

Nahendeh

Thank you very much. I guess part of the issue, too, with a stand-alone Aboriginal wellness centre is about funding the business plan case or the business case to provide such a facility, and cost, et cetera, I think even class B engineering estimates. We don’t think it has to meet the high technical standards that a hospital would have. I believe it’s a stand-alone centre.

How can the department assist with planning and creating business plans for such a wellness centre? Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Glen Abernethy

Great Slave

The Stanton renewal planning work that has been going on has actually identified a piece of land on the property where an Aboriginal wellness centre can go. The next step in planning is actually to develop a more detailed outline of the program requirements, what the Elders Advisory Council would like to see, as well as other Aboriginal government partners.

Starting in April, we are going to be developing and consolidating all of that information into a plan that will help us articulate what exactly an Aboriginal wellness centre will be, what standards, what codes, what facilities, what programs will be delivered in there. Details on timing and budget and other things like that can’t really be completed until we’ve actually done that work and have a better idea of what it is that we want, to work with our Aboriginal partners to create here in the Northwest Territories.

Much of the final construction will not be able to proceed until we’ve identified the resources required, potential partners, and we also have to continue to move forward with the Stanton redevelopment. We need to find out what that project is going to look like and we are still waiting for proposals from the three qualified proponents. Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Kevin A. Menicoche

Nahendeh

It shows that the department is willing to entertain and move forward with this. I would like to know how well the department continues to endorse and support this very worthwhile initiative. The Stanton Renewal Project is to be completed in five years. We do have an opportunity to include this as part of the completion in five years.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Glen Abernethy

Great Slave

An Aboriginal wellness centre was not part of the plan of the Stanton renewal, but is something we have articulated to the qualified proponents and we are hoping to see some interest on their part to move forward. We are also pursuing other partners, Aboriginal organizations, Aboriginal governments who might have an interest in being partners on this important facility that we would like to create here in Yellowknife for all the residents of the Northwest Territories.

We acknowledge fully that this is an important building. It needs to be done. We do need to find a way to make it happen, but the first thing we need to do is figure out exactly what services and programs should be delivered there, and we are relying on Aboriginal governments and the Elders Advisory Council to help us with that. They are going to be doing a significant amount of work, starting in April, for the next three or four months to articulate and quantify what that will be. Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

The Speaker

Jackie Jacobson

Thank you, Mr. Abernethy . Final, short supplementary, Mr. Menicoche .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Kevin A. Menicoche

Nahendeh

Thank you, Mr. Speaker. I am really pleased to hear the progress that has happened to date. I believe the Legislative Assembly has to have the political will. As I said, it’s an idea whose time has come and I believe that we have to throw our full support behind this and our resources. I know they are looking for some resources to do a planning study.

In government we have other departments that certainly support Aboriginal culture, such as ECE and ITI, that have no problem supporting businesses that want to do a business plan. I believe we can take a consolidated approach using all of our resources to benefit this group.

What will be the next steps forward? Would you let this Elders Counsel run on their own, or can there be a more structured approach to get everybody to the table and make this dream come true? Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

Glen Abernethy

Great Slave

The Stanton Elders Advisory Council will be playing a lead role in the work that I have articulated that is going to occur, starting in April, for the next three to four months, the planning, the articulation, programs and services.

We don’t have a lot of money in the Government of the Northwest Territories. Our budgets are incredibly limited. So to move on something like this is going to take a significant amount of creativity and ingenuity. We are looking, as I said, to other partners who might be interested in coming in on this particular project, whether it’s Aboriginal governments in the Northwest Territories and we will also be looking within as much as possible. This is an important initiative. There is a lot of interest in this particular project and we would like to find a way. Thank you, Mr. Speaker.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 747-17(5): Aboriginal Wellness Centre At Stanton Territorial Hospital

Oral Questions

The Speaker

Jackie Jacobson

Thank you, Mr. Abernethy . The honourable Member for Range Lake , Mr. Dolynny .

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 748-17(5): Emergency Services In Small Communities

Oral Questions

Daryl Dolynny

Range Lake

Thank you, Mr. Speaker. Earlier today the Minister spoke about safe communities and I spoke about the need to remove the politics from emergency services, especially in our smaller communities. It’s clear when one hears about a stop work order for an entire fire department that we should be asking those bigger questions. My questions today are for the Minister of Municipal and Community Affairs .

Back in December 2014 the Fort Resolution fire department was issued a stop work order by Workers’ Safety and Compensation Commission.

Reports did cite deficiencies reaching as far back as July 2013.

Can the Minister indicate what role his department performed specifically during this concern leading up to the stop work order? Thank you.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 748-17(5): Emergency Services In Small Communities

Oral Questions

The Speaker

Jackie Jacobson

Thank you, Mr. Dolynny . Minister of Municipal and Community Affairs , Mr. McLeod.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 748-17(5): Emergency Services In Small Communities

Oral Questions

Robert C. McLeod

Inuvik Twin Lakes

Thank you, Mr. Speaker. I don’t believe small communities play politics with emergency services because you’re playing politics with the safety and well-being of your residents. The issue was brought to MACA’s attention in late 2013 when WSCC advised us of a non-compliance issue involving the community. In response to this, we work with the community officials to help them develop policies and procedures, by providing guidance, advice and templates. At this time we didn’t assume a hands- on approach in preparing the necessary instrument and tools.

Please select the issue you noticed * :

Misattribution

Formatting

Missing Words

Other

If Other, please indicate the problem: (Optional)

Submit

Thanks!

We'll take a look into it.

Sorry!

There was a problem with your submission. Please try again later.

Copy Copied

Question 748-17(5): Emergency Ser