Debates of August 16, 2007 (day 11)

Agreed.

Clause 7.

Agreed.

Clause 8.

Agreed.

Clause 9.

Agreed.

Clause 10.

Agreed.

Clause 11.

Agreed.

Clause 12.

Agreed.

If I can ask Members, when we are calling out the clauses, does it help to read out the subtitles or the area that clauses are related to? Okay. Clause 13.

Agreed.

Clause 14.

Agreed.

Clause 15.

Agreed.

Clause 16.

Agreed.

Clause 17.

Agreed.

Clause 18.

Agreed.

Clause 19.

Agreed.

Clause 20.

Agreed.

Clause 21.

Agreed.

Clause 22.

Agreed.

Clause 23.

Agreed.

Clause 24.

Agreed.

Clause 25.

Agreed.

Clause 26.

Agreed.

Bill as a whole?

Agreed.

Thank you. Does the committee agree that Bill 13 is ready for third reading?

Agreed.

Thank you. Bill 13 is now ready for third reading. Thank you, Minister Roland, Mr. Aiken, Mr. Parker, for your help today. Thank you.

Okay, Members, if you can turn to Bill 14, Employment Standards Act. I would ask Minister Charles Dent if he would please provide his opening remarks on this bill. Minister Dent.

Thank you, Madam Chair. I am pleased to introduce Bill 14, Employment Standards Act. The purpose of this legislation is to modernize the statutory framework for employment standards in the Northwest Territories. To that end, this bill proposes to replace the Labour Standards Act, the Employment Agencies Act and the Wages Recovery Act with comprehensive legislation for employment standards.

This bill is based primarily on consultation that was conducted with the public in late 2004 by the Department of Justice. The department received feedback from different stakeholders, including GNWT departments, employers and employer organizations, labour organizations and individual stakeholders. The general consensus of stakeholders was that the regulatory framework for employment standards in the Northwest Territories was in need of change.

The proposed bill is substantively similar to existing legislation with regard to the regulation of employment standards and employment agencies. In addition, the bill:

exempts certain employers and employees, or classes of employers and employees, from the general provisions of the act, by regulation;

incorporates provisions respecting the employment of young persons;

establishes new days of rest requirements;

allows employees to receive lieu time with pay instead of overtime where the employer agrees;

provides for the establishment of a minimum wage, by regulation;

requires that employees be granted an annual vacation with vacation pay within six months after the first year of employment;

establishes the right of employees to unpaid compassionate leave, bereavement leave, sick leave and court leave;

requires that employers give advance notice of termination to affected employees and their trade union where large numbers of employees are to be terminated at one time;

establishes a new complaints process and provides for the resolution of complaints by an employment standards officer;

establishes a new appeal process by which individual adjudicators hear appeals of decisions made by the employment standards officer;

establishes the priority of employee wages over other claims against an employer to a maximum amount of $7,500 per employee; and

restricts access to information provided under the act that could identify the parties to a complaint or appeal.

Madam Chair, I would like to thank the members of the Standing Committee on Social Programs for their assistance and constructive suggestions to improve the bill. I trust that the members of the committee will agree that a new Employment Standards Act is necessary to provide a modern, clear and coherent regulatory framework for employment standards in the Northwest Territories.

I will be pleased to answer any questions the members of this committee may have.

Thank you, Minister Dent. At this time, I will ask the member of the Standing Committee on Social Programs, Mr. Yakeleya, if he would please provide the committee’s comments on this legislation. Mr. Yakeleya.

Thank you, Madam Chair. The Standing Committee on Social Programs, in association with the Standing Committee on Accountability and Oversight, conducted public hearings on Bill 14, Employment Standards Act, in Yellowknife on June 6th and 7th as well as on August 13, 2007, and in Behchoko at the union meeting on June 6, 2007. The committee then split into two committees to conduct public hearings in Fort Smith and Inuvik on June 11, 2007; Hay River and Tsiigehtchic on June 12, 2007; and Jean Marie and Tulita on June 13, 2007; and in Fort Simpson and Gameti on June 14, 2007. A clause-by-clause review with the Minister took place on August 13, 2007.

The committee would like to thank everyone who took the time to make presentations and make their views on this important legislation known to the committee. We would also like to thank the Minister and the staff of the Department of Education, Culture and Employment as well as staff of the legislation division of the Department of Justice for their collaborative efforts in addressing some of the problems with the legislation that were identified while the committee had possession of the bill.

This concludes the comments of the Standing Committee on Social Programs. Individual members may have comments as we proceed. Mahsi, Madam Chair.

Thank you, Mr. Yakeleya. At this time, I would ask the Minister if he would like to bring witnesses into the Chamber. Minister Dent.