EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
I am just wondering how much has been done over the past year.
Yes, we have been staffing up as you know, I did not even have a staff member last year when I appeared before the Legislature on this issue.
So we now have Maryann Johnston who has been working on this file and we now have the Access to Information Commissioner and she was consulted on this proposal.
We want to provide as much opportunity for everyone to start working on it.
So in the past year we have been focusing on staffing up and from now on, on the basis of this legislation we want to start the consultations.
We are under comments and questions.
Has the Privacy Commissioner been involved in this up to now.
In regards to the bill that has been asked and answered.
The bill will be deferred again for another two years and it was deferred for one year last year. I want to know why this is occurring.
That is my other question.
As I said earlier, I do not want to have to come back next year and deal with it again.
In the Northwest Territories it took them five years and we want to try and finish it in two years.
Because it has an impact on everybody in the government and Nunavummiut and we want to take a very close look.
If we don’t complete it this year then we’ll have to re-visit it again next year, which we don’t want to do.
So we would rather complete it and get it over with.
I believe you all have copies.
On page 1. Bill 8.
I’m just going to say the clause numbers.
Chairperson (interpretation): Bill 8. As a whole, do you agree.
Chairperson (interpretation): Bill 8 is now ready for 3rd reading.
We’ll go onto Bill 9.
Thank you, for being able to come here.
When we have a lot of work to do the clock just zooms by, just like that.
We’ll try to complete what we have to do on Bill 9.
Mr. Picco, do you have any opening remarks on Bill 9, do you want to give opening remarks or make remarks before you go to the witness table.
Mr. Picco. you can give your opening remarks.
Bill 9 - An Act to Facilitate the Transfer of Employees from the Northwest Territories Power Corporation to the Nunavut Power Corporation – Consideration in Committee of the Whole
Hon. Ed Picco: Thank you Mr. Chairman, good afternoon and good afternoon to the committee.
Mr. Chairman, as you know we are now less than 5 months away from the day the Nunavut Power Corporation takes over responsibility for providing power to all of our communities.
In our work towards a smooth transition from NTPC to NPC, among the most valuable assets we possess are the skilled and loyal employees working in the power plants and offices throughout Nunavut.
It is our intention to ask all Nunavut based NTPC employees to transfer to NPC on April 1 2001, and it is my intention through this amendment to ensure all of the terms and conditions of their employment are protected during that process.
Basically Mr. Chairman, that sums up the rationale for bringing the proposed amendments to the Nunavut Public Utilities Act in front of you today.
Specifically Mr. Chairman, these amendments are intended to provide a legal framework for the government and NPC to achieve three objectives.
Mr. Chairman, those 3 objectives are first to allow the Nunavut Power Corporation to receive the NTPC employees on April 1, 2001.
Second to allow the government to receive NTPC employees as members of the Nunavut public service on April 1, 2001.
And finally, Mr. Chairman, to ensure that the government and the Nunavut Power Corporation assume all the responsibilities, rights and obligations under the current collective agreement between NTPC and Nunavut Employees Union for these transferred employees.
Mr. Chairman, I enjoyed the opportunity to appear before the Standing Committee on Government Operations yesterday afternoon to hear their comments and questions.
The Standing Committee made it very clear Mr. Chairman, very clear that they want assurances that there is no legal wording in the clauses of bill 9 that would give the government any authority to change the terms or content of the collective agreement which applies to the Nunavut based NTPC employees on December 31, 2001.
Mr. Chairman, I can give them and all the members of this House this assurance.
The wording on Bill 9 does not and I repeat Mr. Chairman, does not give any authority to unilaterally alter the current collective agreement.
On the contrary Bill 9 just ensures the government and NPC can receive all of the Nunavut based NTPC employees and will honour all the existing rights, obligation and terms and conditions of their collective agreement.
Mr. Chairman, the Standing Committee also asked what steps need to be taken for the Northwest Territories Legislature to transfer the NTPC employees to us on April 1, 2001.
Mr. Chairman, it is my understanding that the NWT needs to amend their Public Utilities Act to allow them to give away the NTPC employees in Nunavut.
The NWT Assembly is now sitting and I further understand that they hope to pass this legislation during this sitting.
Mr. Chairman, with that I am pleased to discuss Bill 9 with the committee of the whole at this time.
Mr. Iqaqrialu (interpretation): Thank you, Mr. Chairman. The Standing Committee on Government Operations and Services was pleased to have had the opportunity yesterday to review this Bill with the Minister responsible for the Nunavut Power Corporation, the Honourable Ed Picco.
Mr. Chair, the Standing Committee is pleased that the Government is proceeding in a deliberate fashion to ensure that the establishment of the Nunavut Power Corporation on April 1, 2001, is executed successfully and smoothly.
Mr. Chair, Members of the Standing Committee sought and received assurances from the Minister that this Bill will ensure continuity in the present terms and conditions of employment of NTPC employees who become NPC employees on April 1, 2001.
Mr. Chair, the Standing Committee was also pleased to hear that the Minister anticipates that the Legislative Assembly of the NWT will pass the necessary amendments during their current Session to ensure a smooth "hand-off" of employees to Nunavut.
That concludes the opening comments of the Standing Committee, Mr. Chairman.  Thank you.
Chairperson (interpretation): Thank you, Mr. Iqaqrialu and thank you Minister Picco.
You can go to the witness table with your staff.
Thank you, Minister Picco.
Welcome to you and your staff, your witnesses.
Before you proceed, please introduce your witnesses for the record.
Mr. Chairman, with me today is that very illustrious legal advisor, representing the Government of Nunavut and at this time the Nunavut Power Corporation with this legislative amendment, Mr. Ralph Armstrong, immediately to my left. Immediately to my right Mr. Chairman, is another well known person from Iqaluit, who is now the Director of the Nunavut Power Corporation Implementation Secretariat, Mr. Peter Scott.
Chairperson (interpretation): Thank you, welcome.
We are open for comments now, Mr. Arvaluk .
Mr. Arvaluk: Thank you Mr. Chairman. My question is very brief. Looking at Bill 9 and the minister’s opening remarks, to ensure the continuance of the present terms and conditions of employment of NTPC.
When the collective agreement is being worked on in the future will there be consideration for some of the employees, former employees of DIAND, before the NTPC was transferred to NWT and then will we be taking that responsibility under this Bill.
The employees were hired as casual operators from year to year, some of them for 20 years, thereby not benefiting from employment pensions. Are there any plans to address these very unjust practices of the Power Corporation that was inherited from the Federal Government.
That’s a very interesting question, raised by the member.
As the member knows, back in the late 60’s, the Northern Canada Power Commission was originally set up based out of Edmonton.
Subsequently they moved to Hay River, where the headquarters was set up in the mid 80’s. The employees of the then NWT Power Corporation and Northern Canada Power Commission, those employees were grandfathered into the successive corporations and the corporate entities.
The point that the member brings up is outside the scope of Bill 9.
As you know Mr. Chairman, this bill is simply to hand off the employees that are currently registered with the NWTPC to make them available to the Nunavut Power Corporation on April 1, 2001.
The second question or second part of the member's question concerns the collective agreement and so on, successor rights, there are other regulations and agreements in place for successor rights on collective agreements which again is outside the scope of this bill.
I can say Mr. Chairman that the current collective agreement that is in place will continue till December 1st 2001. With that Mr. Chairperson, I don’t know if our legal counsel would like to add maybe a legal opinion, on how successor rights within organizations for example, terms of employment, duration of employment and how they would be effected by the transfer.
In my recollection of union matters, being a former president and negotiator, those successor rights are continued to be grandfathered.
That is by convention.
Specific issues on terms and conditions and terms of casual hires would have to go through the collective agreement process.
With that Mr. Chairman, I will ask the legal counsel to speak to that quickly.
Chairperson: Mr. Armstrong.
Mr. Armstrong: Thank you Mr. Chairman.
I honestly feel that I can not add anything to the summary that the minister has given.
So, I will not say anything more.
Before the member makes a comment, I would like Mr. Chandler to sit with us.
The law clerk.
So, I understand the, by the way my apologies that my question was apparently not in the scope of bill 9.
I thought it was because of the member's statement on section 1 subsection (2) I think.
Mr. Chairman, do I hear the minister saying that all the employees that are coming over to the Nunavut Power Corporation come under the collective agreement.
In other words there are no more casual practices of firing in the springtime rehiring them after their holidays for the next twenty years.
None of these kinds of things exists anymore throughout the whole of Nunavut.
Is that how I understand it Mr. Chairman.
Mr. Chairman, again that question is outside the scope of this bill.
What the member is talking about is the hiring practices of the Power Corporation and of course those hiring practices are guaranteed under the collective agreement which is in place until December 31, 2001.
I can not speak to the casual hiring or the term employment hiring at this time with the bill that is before us.
But that type of question would probably be better asked if the member you could probably give me something in writing on specific issues that he is aware of that I could look into as the Minister responsible for the Nunavut Power Corporation.
The collective agreement. The Nunavut Employees' Union, once the employees are moved to Nunavut do you believe that the transfer of employees will go smoothly.
Mr. Chairman, this piece of legislation as the minister so clearly indicated, is to allow for the transition of NTPC employees to become NPC employees.
The legislation is to get rid of the "T".
Can the minister indicate to what extent he has been involved with either of the unions in relation to how it may impact on them.
The member is correct, it is time to get rid of the "T" I guess in the NTPC.
My concern at the beginning of course was that we didn't get rid of the "P". Picco.
Mr. Chairman, after saying that, the member is correct, there is no impact on the UNW or in this case the NEU and indeed, the NEU will be assuming all the responsibilities, rights and obligations under the current collective agreement.
As the member rightly pointed out it is just a handing off of those employees to the Nunavut Power Corporation on April 1, 2001, when Mr. Chairman, the Nunavut Power Corporation sets up operations.
So the member is correct.
We have had consultations with, to my understanding, we have had consultations with the Nunavut Employees' Union and Mr. Scott, who is sitting directly to the right of me has had some conversations with the NEU.
In light of the minister's comments of getting rid of the "P" in there, was there any plans that we don't know about at looking at doing that.
Also, under the current collective agreement, Power Corporation employees are dealt with as their own bargaining unit, and will that still be the case after this current transition.
The answers to both of those questions, the first question the answer is no, and the second question the answer is yes.
Is the minister aware if the NWT is prepared to release these employees.
Is he aware of that.
Hon. Ed Picco (interpretation): Thank you Mr. Chairman.
Mr. Chairman, that's a good question by the Member from Clyde River.
Mr. Chairman, the Minister responsible for the Northwest Territories Power Corporation in Yellowknife has introduced legislation to my understanding to the session in Yellowknife and therefore and thus, would be aware of the amendments and would be aware of the legislation as he is entering complementary legislation.
If there are no further comments.
One final question.
I believe as a result of the position we are in right now with NTPC, is that it is a shared corporation and any amendments that we make they have to make similar type amendments because our Acts have to pretty well be the same.
I am just wondering does the minister anticipate any other amendments that may come forward as a result of changes on one side or the other.
No, Mr. Chairman, in consultation with the legal advisor, it is our belief that we are not aware of any other amendments or any other legislative change that we would have to bring forward at this time.
That's to the best of my knowledge. Mr. Chairperson.
I forgot also Mr. Chairman, I neglected to introduce another staff person who is with me is sitting in the back of the House, who is our technical as well as the administrative and logistic administrator for this file and that is the incomparable Marianne Demmer.
So I would just like to acknowledge that she is also participating here.
Welcome to the chambers.
In section 13.1.3, I wonder how this can be changed and who has the authority to change or make amendments to the bill.
Mr. Chairman, that is an excellent question on a legislative proposal on how legislation is drafted and amended.
As the member knows, what we are actually doing right now is doing what the member was asking, how those various amendments and so on come forward.
By consultation with the Power Corporation and by virtue of the collective agreement that is in place, which is expiring on December 31, 2001, then Mr. Chairman, it gives the genesis, the beginning as it were for new legislation to come forward.
I don't have any more names on my list.
Bill 9, page 1.
Bill as a whole, do you agree.
Does the committee agree that bill 9 is ready for third reading.
I would like to thank the Minister Picco and his witnesses for appearing before the committee.
Following the items on the agenda.
Bill 2, is the committee ready to deal with bill 2.
We are going to deal with bill 2.
Does the minister have opening remarks.
Bill 2 – An Act to Amend the Workers' Compensation Act - Consideration in Committee of the Whole
It is my pleasure as the Nunavut Minister responsible for the Workers' Compensation Board to introduce Bill 2 – An Act to Amend the Workers' Compensation Act.
This bill will amend a number of sections in the Act.
First Mr. Chairman, the Years' Maximum Insurable Remuneration, also known as YMIR, will be raised to 63 thousand 350 dollars.
The YMIR is a fundamental element of workers’ compensation.
It is used to determine the benefits payable to an injured worker which is currently set at 60 thousand dollars.
Another important part of the bill Mr. Chairman, is that it will allow dependent surviving spouses who marry or remarry to retain their compensation benefits under the Act.
Furthermore, benefits will be retroactively reinstated to their surviving spouses who remarried after April 17, 1985.
Currently section 36 of the Workers’ Compensation Act requires that workers compensation benefits paid to surviving spouses be terminated upon remarriage.
Since the Charter of Rights and Freedoms was enacted, all Canadian jurisdictions with the exception of Nunavut have eliminated this provision from their Act.
Finally, Mr. Chairman, this bill will expand the Worker's Compensation Board appeals tribunal in order to shorten the time for an appeal to be heard.
There has been a long standing concern that it takes too long for appeals to be heard.
One source of the delay is that the legislation only provides for one panel to hear appeals.
If this bill is adopted, a vice-chair will be created and a revised Act will allow for an appointment of additional members so that there could be two panels hearing appeals at the same time.
Chairperson (interpretation): Thank you, Minister Ng. If you will go to the witness table.
The Standing Committee on Government Operations and Services was pleased to have had the opportunity yesterday to review this Bill with the Premier and his officials.
Mr. Chair, the Standing Committee recognizes that these amendments have been introduced following the passage of similar amendments in the NWT concerning the issues of benefits for dependent surviving spouses and the composition of the appeals tribunal.
Mr. Chair, members of the Standing Committee expressed some concerns of a broader nature.
So long as the Workers' Compensation Board remains shared between Nunavut and the Northwest Territories, it appears inevitable that this Assembly will frequently find itself in a position where it is passing legislation simply to catch up to initiatives originating elsewhere.
For example, the Bill that was originally introduced in the Legislative Assembly of the NWT allowed the Minister responsible for the WCB to appoint the Chair or Vice-Chair of the appeals tribunal.
MLAs in the west expressed concern that this would erode the independence of the Board, and they were successful in persuading their Minister to amend the Bill to allow the tribunal itself to recommend these positions to the Minister.
Mr. Chair, regardless of the merits of this particular issue, the point is that they were debated and resolved elsewhere, and that is not desirable.
Mr. Chair, the Standing Committee was pleased to hear that the Government has embarked on a consultation process to determine the future of the WCB.
The Standing Committee is of the understanding that a decision is due by the end of the year on whether to continue with a shared WCB, or to pursue the establishment of a stand-alone Nunavut Board.
Mr. Chair, members of the Standing Committee would like to be consulted prior to the final decision being taken.
Mr. Chair, a number of members believe that a stand-alone Nunavut WCB would allow for greater representation on the Board by Nunavummiut than is presently the case.
It would allow our Government the opportunity to do a comprehensive review of the Act, with a view to ensuring that it meets the needs of our people.
Members expressed a number of concerns surrounding the unique needs of hunters and carvers who are injured while working.
Mr. Chairman, these comments are of a broad, long-term nature.
The Standing Committee recognizes the need to pass this Bill, and gives its support to do so.
Thank you Minister Ng for coming here.
Could you introduce your colleague, so we will know who he is.
I have with me Mr. Geoff Hughes who is the Director of Revenue Management for the Department of Finance, also our lead responsible for the WCB.
We are now on comments and questions.
Before we begin the reading of the bill, I want to make some general comments.
Workers' Compensation Board policies were set by the Government of Northwest Territories.
There are no provisions in this Act and it is not sufficient for Nunavut, it is not geared for Nunavut.
We have to come up with an Act that will provide for workers in Nunavut.
If the current Act remains the same then there will be problems with this Act in the future, because it is not geared for Nunavut.
What I wanted to say is that at this time we have started thinking of our own Act for worker’s compensation.
I would recommend consultation and a review of this bill.
That was a very good suggestion.
Mr. Chairman, the member raises a good point, there are plans being put together right now for an extensive review of the current Workers' Compensation Act in both Nunavut and the NWT, recognizing that it is an outdated Act and needs to be modernized.
Plus the fact that the member stated that there may be some things that you need in Nunavut that we might want to take into consideration in a new Act.
Has it been recommended for the future of Nunavut that we should have our own Nunavut Act for worker’s compensation.
Hon. Kelvin Ng: Yes, Mr. Chairman, the member is correct.
There is a provision in the Act that gives the Chairperson authority for this board.
Is there a board already established or are you going to establish this type of board.
Thank you. Mr. Nutarak.
Chairperson (interpretation): As we stated earlier our microphones are sensitive, if it is not clear for the Minister then Mr. Nutarak could clarify his questions.
Did his question come across clear Mr. Minister.
Hon. Kelvin Ng: Thank you Mr. Chairman, I believe I did, I will try to answer to see if that suffices for the member.
I think what he was getting at was whether or not there is an existing tribunal, appeals tribunals with a chairperson, vice-chairperson.
Yes, there is but the intent with the changes here would be to allow that there be a vice-chairperson with the same powers as the chairperson so that we can have in fact additional members and two tribunals which would theoretically be able to allow for more access to hearings that deal with appeals.
Mr. Nutarak (interpretation): The answer is clear but I wanted to clarify this. So for example, if I wanted to apply for compensation I would have to go through this tribunal or appeals board before receiving anything.
Hon. Kelvin Ng: No, what would happen is if an individual felt that they were not given the adequate compensation as a result of the decision of the Workers’ Compensation Board, they have the right to appeal to the Appeals Tribunal to review that decision and the Appeals Tribunal can reverse or amend the decision of the Workers’ Compensation Board.
When an individual puts a claim in, I know in the NWT the process or the time period was so long.
How long would that part take.
Lets say I put in my claim today, is it acted upon right away or is there a time period that you depend on, in your process.
On that particular issue which is outside the scope of the bill that we are proposing here Mr. Chairman.
I would say that the Workers’ Compensation Board would turn them over and make the decisions I would think as expeditiously as possible. If there are specific problems occurring that the member or others may be aware of, in slow processing of claims it is something that could be brought up to the Minister responsible for the Workers’ Compensation Board and that can be passed on to them to alleviate any problems if that were the case.
Chairperson (interpretation): Thank you Minister Ng. Any more comments.
While we are on Workers’ Compensation Board for Nunavut, I myself know that not many Nunavummiut have benefited from having this Workers’ Compensation Board.
From my own experience I know that we always had to run through red tape.
We have run into obstacles when we have tried to apply for workers' compensation.
For Nunavut, because accidents occur, some of us have to be compensated.
There are hunters who hunt for a living because they are providing for their families.
Those who are injured out on the land while hunting for food, are they entitled to these workers' compensation board benefits.
Are hunters entitled to these benefits as well.
Hon. Kelvin Ng: Again Mr. Chairman, I believe the member is a bit outside of the scope of the bill but in trying to respond to provide the information to the member.
The Government of Nunavut does have a harvester compensation program.