I’d like to call Committee of the Whole together. Committee, we have before us Bills 20 and 21, I believe. Committee agree that we start with Bill 20? Agreed?
Agreed.
Thank you, committee. I’d like to call on the Minister responsible to see if he would like to introduce comments on the bill. Mr. Miltenberger.
Thank you, Mr. Chairman. I am here today to present Bill 20, Vital Statistics Act.
Mr. Chairman, the current legislation evolved from the Vital Statistics Ordinance that was enacted in January 1927. There have only been minor amendments to this act over the years and, as a result, the administrative processes are extremely outdated and do not reflect best practices. The registration procedures in this proposed act will make the process to register an event more efficient and easier for the public and will also remove the provisions in the existing act that are discriminatory.
The bill addresses the birth registration issues that make the current act vulnerable to legal challenge. The proposed act recognizes the constitutional right of a father to have his information listed on his child’s birth record despite being unacknowledged by the mother, and is modernized to reflect recent advances in assisted human reproduction technologies. The person who is in a spousal relationship with the mother at the time of conception will be able to register as a parent at the time of birth, whether the spouse is male or female. The registration process will be substantially the same, whether the child was conceived by assisted or natural reproduction to ensure that the child’s birth is registered and legal parentage is established as soon as possible after birth.
This will meet the obligations under the United Nation’s Convention on the Rights of the Child, of which Canada is a signatory.
The proposed registration process recognizes the birth mother link, the spousal relationship with the mother at the time of conception and the intent to parent the child. These principles are consistent with 10 years of policy and legal analysis around legal parentage done at a federal/provincial/territorial level that has culminated in the recent adoption of the Child Status Act by the Uniform Law Conference of Canada. Consequential amendments to the NWT’s Children Law Act are being proposed in Bill 20 so that the GNWT framework respecting parentage is consistent.
In keeping with the approach in the Child Status Act, complex registrations will require the involvement of the court. The Registrar General of Vital Statistics does not have the capacity to weigh evidence concerning the rights of the child and parents. Such matters are better left to a judge to consider in ensuring that the best interests of the child are met. The proposed act contains provisions to direct the Registrar General to amend birth registrations according to parentage decisions directed by the court.
The proposed Vital Statistics Act continues to provide for the registration of marriage, death and stillbirth, and amendments to records based on adoption orders and changes of name that occur in the NWT. The language of these provisions was updated and now better reflects modern administrative practices used in other jurisdictions.
The proposed death registration section now includes the ability to register a death without a body. Mr. Chairman, this provision would only be used in rare circumstances described in the Coroner’s Act where a body is not recoverable. An example might be a person being witnessed falling through the ice. Under the Coroner’s Act, the coroner has the authority to investigate such a death but the current Vital Statistics Act does not give the Registrar General the discretion to register the death.
Lastly, Mr. Chairman, the proposed new act also includes specific information management provisions to protect vital statistics records and to give the Registrar General authority to enter into information sharing agreements where necessary and appropriate. For example, death registrations of residents born in another jurisdiction are routinely shared between vital statistics offices in Canada so that birth registration documents can be notated. This reduces the possibility of identity theft as a flag is raised when a birth certificate of a deceased person is applied for. Formal information sharing agreements will ensure that the use of the information provided is restricted to a specific purpose. For this reason, where there is a conflict with the Access to Information and Protection of Privacy Act, the Vital Statistics Act provision will be paramount.
I look forward to discussing this important piece of legislation with the Members. Thank you, Mr. Chairman.
Thank you, Mr. Miltenberger. Next I would like to invite Chairman Beaulieu, Standing Committee on Social Programs, to make comments on the bill.
Thank you, Mr. Chairman. The Standing Committee on Social Programs held a public hearing on August 15, 2011, to review Bill 20, Vital Statistics Act.
This is an important new act to replace one that was seriously out of date, and sets out the process of registering the most important events in people’s lives: births, deaths, marriages, adoptions and name changes. It is modern legislation that takes into account recent court rulings respecting same sex partners and other matters. There are provisions for electronic records and more efficient administration.
Following the clause-by-clause review with the Minister, a motion was carried to report Bill 20 to the Assembly as ready for consideration in Committee of the Whole.
This concludes committee’s general comments on Bill 20. Individual committee members may have questions or comments as we proceed. Thank you, Mr. Chairman.
Thank you, Mr. Beaulieu. I would like to ask the Minister if he wishes to bring in witnesses. Mr. Miltenberger.
Yes, Mr. Chairman.
Thank you, Minister. I’d like to ask if committee agrees.
Agreed.
Thank you, committee. I would like to ask the Sergeant-at-Arms to please escort the witnesses into the Chamber.
Minister Miltenberger, if you would introduce your witnesses.
Thank you, Mr. Chairman. I have with me Lisa Cardinal, director of policy, planning and evaluation, and Mr. Mark Aitken from the Department of Justice. Thank you.
Thank you, Minister. Welcome, witnesses. Next we will go to general comments on the bill. General comments?
Detail.
Thank you, committee. No general comments. Request for detail. Does committee agree we go clause by clause?
Agreed.
Thank you, committee. We’ll go to a clause-by-clause review of the bill. If committee agrees, we’ll go in groups of 10. There are quite a number of clauses in the bill. Committee agree?
Agreed.
Thank you. We’ll start by turning to page 11. Committee, clauses 1 to 10.
---Clauses 1 through 10 inclusive approved
Clauses 11 to 20.
---Clauses 11 through 20 inclusive approved
Clauses 21 to 30.
---Clauses 21 through 30 inclusive approved
We are on page 25. Clauses 31 to 40.
---Clauses 31 through 40 inclusive approved
Clauses 41 to 50.
---Clauses 41 through 50 inclusive approved
Clauses 51 to 60.
---Clauses 51 through 60 inclusive approved
Clauses 61 to 70.
---Clauses 61 through 70 inclusive approved
Clauses 71 to 80.
---Clauses 71 through 80 inclusive approved
Clauses 81 to 90.
---Clauses 81 through 90 inclusive approved
Clauses 91 to 100.
---Clauses 91 through 100 inclusive approved
Clauses 101 to 110.
---Clauses 101 through 110 inclusive approved
Clauses 111 to 116.
---Clauses 111 through 116 inclusive approved
The bill as a whole.
Agreed.
Does committee agree that Bill 20 is ready for third reading?
---Bill 20 as a whole approved for third reading
I’d like to thank the Minister and witnesses. I’d like to ask the Sergeant-at-Arms to please escort the witnesses from the Chamber.
Is committee agreed that we go to Bill 21, private member’s public bill, An Act to Amend the Employment Standards Act?
Agreed.
I’d like to begin by asking the sponsoring Member, Mr. Abernethy, if he has any comments to introduce the bill.
I do, thank you, Mr. Chairman. Good afternoon. I’m happy to be here today to present to the committee Bill 21, An Act to Amend the Employment Standards Act. This bill provides members of the Reserves Force with an entitlement to unpaid leave from their employment when they’re required to be absent from work for the purpose of service with the force. This bill also prohibits an employer from terminating an employee or changing the conditions of his or her employment because an employee is a member of the Reserves Force.
There are approximately 620 Reserves Force members in the Northwest Territories; 558 of these are Canadian Rangers located in 21 different communities throughout the Northwest Territories; 26 are instructor officers with cadet programs offering training opportunities for our youth; 10 are primary Reserves members with the 440 Squadron; and 26, as of March 23, 2011, are reservists of the Loyal Edmonton Regiment “C” Company based here in Yellowknife. The Yellowknife company was established in 2009 and is expected to grow to 150 members by 2019.
As you are likely aware, NWT-based reservists take part in a wide variety of activities here in the Northwest Territories. These include sovereignty operations, surveillance, disaster and humanitarian relief, as well as search and rescue. These are important services to residents of the Northwest Territories and to Canada.
In addition, the Canadian Rangers are an important source of local knowledge and land experience, and are considered vital to Canada’s assertion of Arctic sovereignty. In remote areas these reservists often provide important first response.
Recognizing the valuable role that our northern reservists play here in the Northwest Territories, I bring forward this legislation for your consideration today.
Currently, the Northwest Territories and Nunavut are the only two Canadian jurisdictions that do not have this type of leave and protection available for reservists in Canada. Every other province and territory has this type of leave.
In drafting this legislation, we reviewed the related legislation currently utilized in all of these other jurisdictions. From there, and keeping northern realities in mind, we drafted this piece of legislation. The original draft was shared with local businesses, as well as the NWT Chamber of Commerce, the Yellowknife Chamber of Commerce, and the Canadian Forces Liaison Council, CFLC, as well as Company “C” here in Yellowknife for their comments and consideration. All of their comments were carefully considered and incorporated where possible.
In addition, prior to the introduction in the House last May, the draft bill was shared with the Department of Education, Culture and Employment, who is responsible for the administration of the Employment Standards Act. More recently the bill was reviewed by the Standing Committee on Social Programs. As a result of these reviews and suggestions from the Minister of Education, Culture and Employment, the Standing Committee on Social Programs, as well as CFLC, a hardship clause was included. I concurred with this direction and feel that this hardship clause makes this a stronger, more responsive bill. I thank both the Minister and committee for their thoughts and recommendations.
A hardship clause for employers provides a measure of flexibility and control for smaller organizations or for organizations whose reservist employee is a one-of or crucial member of the company, or an employee whose absence could have a detrimental impact on the organization. A hardship clause helps employers avoid the possibility of discriminating with regard to the hiring of reservists, or the employment and/or promotion of an employed reservist.
While this legislation may result in a greater availability of reservists, much in fact continues to depend on the relations between individual reservists and their employers. No legislation can, nor should, replace the goodwill that employers demonstrate towards the reservist employees. The CFLC encourages employers to consider including a military leave policy as part of their overall Human Resource Management Strategy. This legislation we are discussing today will assist reservists and employers to make informed decisions when requesting or supporting a military leave of absence.
There is some fear that this type of leave may be abused. To date the CFLC is not aware of any abuses of job protection legislation by reservists or their employers. The Canadian Forces rely on cooperative working relationships with employers. If a situation were to arise, the CFLC’s Reservist Assistance Program, the RAP, would assist. This program helps prevent conflicts between reservists and employers and assists in the resolution when necessary.
This is important legislation for reservists and for their employers. I’m happy to answer any questions that you may have.
Thank you, Mr. Abernethy. Next I’d like to call on Mr. Beaulieu, chairman of the Standing Committee on Social Programs, for any remarks on the bill.
Thank you, Mr. Chairman. The Standing Committee on Social Programs held a public hearing on August 15, 2011, to review Bill 21, An Act to Amend the Employment Standards Act. The purpose of this bill is to create a new type of leave from work called reservists leave. It enables civilian members of the Canadian Military Reserves to take unpaid time off to serve without fear of repercussion at their regular workplaces.
The bill would prohibit employers from terminating a reservist or changing his or her conditions of employment due to military service.
Witnesses appearing before the committee included chair and vice-chair of the Canadian Forces Liaison Council North and retired Canadian Forces members. The committee also received correspondence supporting the bill from the NWT Chamber of Commerce. The committee would like to thank all of the witnesses for their oral and written submissions.
Hundreds of Northerners serve our country proudly as Canadian Rangers and primary reservists. Northern employers have a fine record for releasing reservists for duty and this bill provides legal recognition of that tradition.
The committee’s clause-by-clause review was also completed on August 15, 2011. Three amendments to improve the bill were made, with the consent of the bill’s sponsor and the Member for Great Slave, Mr. Abernethy. A clause was added allowing the Minister to deny reservists leave if it would adversely affect public health or safety, or would cause undue hardship to the employer. The second amendment clarified that part-time employees can become eligible for reservists leave. The final amendment delayed the coming into force provision to allow adequate time for implementation of the bill.
The standing committee then adopted a motion to report Bill 21 as amended to the Assembly as ready for consideration in Committee of the Whole.
This concludes committee’s general comments on Bill 21. Individual committee members may have questions or comments as we proceed.
Thank you, Mr. Beaulieu. I’d like to call on the sponsor of the bill, the Member for Great Slave, Mr. Abernethy, to see whether you wish to bring witnesses into the House.
Yes, I do, Mr. Chairman.
Is committee agreed that we can bring witnesses in?
Agreed.
I’d like to call on the Sergeant-at-Arms to please bring in the witnesses.
Mr. Abernethy, if I can get you to introduce your witness.
Thank you, Mr. Chairman. With me today is Kelly McLaughlin, legislative counsel with the Department of Justice.
Thank you, Mr. Abernethy. Welcome to the witness. I’d like to throw the floor open for general comments on Bill 21. Ms. Bisaro.
Thank you, Mr. Chairman. I just have a couple of brief comments. At the outset I want to commend the Member for Great Slave, Mr. Abernethy, for bringing forward these amendments to the Employment Standards Act. It’s a relatively simple change. We are adding another type of leave to the Employment Standards Act. I think with the addition of the hardship clause, which amendments were made at committee and which were concurred to by the sponsor, this is an excellent piece of legislation. The amendments are going to serve our reservists in the NWT very well.
We are the only jurisdiction other than Nunavut who does not currently have reservists leave in our legislation and we have now corrected that for us. Hopefully Nunavut will fall closely behind.
I just would like to say that this is a great move on the part of Mr. Abernethy and I fully support this private member’s public bill.
Thank you, Ms. Bisaro. Mr. Krutko.
Thank you, Mr. Chairman. I’d just like to note for the record that there was no consultation with the rural and remote communities, the Aboriginal governments. The consultation process in which the majority of the Members you talk about are Aboriginal by way of the Rangers program. I think it’s important to realize that that level of government has not been consulted. The only consultation that has taken place was here in Yellowknife. I think it’s important that any legislation that comes through this House, every effort should be made to consult with all residents of the Northwest Territories and not only here in Yellowknife.
I think because of that, that’s why we requested that you do implement the hardship clause, because the Rangers in our communities do play a very important role not only in the areas of being Rangers, but they are the key employers or employees in our communities that operate the municipal governments. They also serve in the different fields such as housing maintainers. I think because of the importance of these individuals in a lot of our communities, that if they happen to leave for a long period of time, it could have a major implication on the operation and maintenance of community delivered programs and services. That’s why I insisted that there has to be a hardship clause in there, to ensure that we do allow for the communities and the individuals to realize that you have an important role in both fields, not only as a Ranger but as a community provider by way of programs and services that we depend on.
Again, I’d just like to note for the record that there was no consultation with First Nations governments, yet we hear a lot about groups or percentage of groups in the Northwest Territories that haven’t been consulted. In this case it’s a good illustration of how we forgot about the 50 percent of the population that we represent and only consultation taking place here in Yellowknife.
Thank you, Mr. Krutko. I guess we’ll stick with the protocol of rolling up general comments and then getting Mr. Abernethy to respond. Next on my list is Mr. Jacobson.
