Debates of February 25, 2005 (day 44)

Thank you, Mr. Speaker. My questions this morning are for the Minister responsible for the Workers’ Compensation Board and they have to do with the program of legislative changes undertaken in the last Assembly. Mr. Speaker, there was a second phase of legislative review that was committed to. In fact, the most recent report of the WCB says that the second phase of the legislative review will focus on outstanding aspects not addressed in phase one. The research developments and consultations on these issues will be undertaken throughout 2004. Mr. Speaker, that has passed. I’m not aware of anything that’s before us now in terms of more legislative amendments or work to be done on the WCB. Could the Minister please advise the House what the status is of work to be done on the outstanding aspects of the Act Now report? Thank you, Mr. Speaker.

Thank you, Mr. Braden. The honourable Minister responsible for the Workers' Compensation Board, Mr. Krutko.

Return To Question 484-15(3): Operational Review Of The WCB

Thank you, Mr. Speaker. Mr. Speaker, we are working on phase two legislation. There is draft legislation that is being developed and I am working with my counterpart in Nunavut. Because we have a joint board here, we have to share the information. I just concluded a meeting on January 25th in Iqaluit with my counterpart, Mr. Akesuk, from Nunavut, on the basis that we have to go forward with the legislation jointly because we have shared the same legislative authority and it has to proceed. We are reviewing that legislation jointly between the two territories and we are hoping to have something ready by the fall so we can bring it forward to our counterparts. Because of the sensitivity between the two legislatures, and because of the situation that happened last time under phase one where the legislation was passed in this House and then was given to the Nunavut government, they felt that they didn’t really have any ability to change that legislation once it was produced. This time we’re hoping to come forward jointly with the new phase two legislation into the respective legislatures at the same time, so that we can both have a process of debate through the committee process and also to ensure that if there are any changes from either side, that it will be done independently of each other instead of having to rubberstamp something that comes forward. So we are working on it. We are proceeding with phase two legislation.

Thank you, Mr. Speaker. Supplementary, Mr. Braden.

Supplementary To Question 484-15(3): Operational Review Of The WCB

Mr. Speaker, the primary recommendation of the Act Now report was that an operational review be undertaken of the WCB. This was reflecting the concerns and comments of many injured workers who have difficulty with the claims implementation area and, I believe, not a few employers who also had issues there. Is this government, this WCB, going to undertake any action at all under that very significant recommendation to have an operational review of the WCB? Thank you, Mr. Speaker.

Thank you, Mr. Braden. Mr. Krutko.

Further Return To Question 484-15(3): Operational Review Of The WCB

Thank you, Mr. Speaker. Mr. Speaker, like I stated, we are working closely with our partners in Nunavut with this legislation and we are looking to ensure that the phase two recommendations are proceeding. A lot of that does have to deal with ensuring we have a system of how to deal with appeals, and how to ensure clients are dealt with fairly. I think through the changes and the input from myself and my counterpart from Nunavut, we’ve had these discussions on making some major changes, but also ensuring that we have a transparent system that works for both jurisdictions, and also realizing that, at the end of the day, it’s the clients that we want to ensure the positive changes we do make are in good standing with the people we’re there to serve. Thank you, Mr. Speaker.

Thank you, Mr. Krutko. Supplementary, Mr. Braden.

Supplementary To Question 484-15(3): Operational Review Of The WCB

Mr. Speaker, I’m not sure the Minister understands the difference between a legislative review, which is partly what we’ve undertaken, and an operational review, which is to say that once we’ve created the rules and the platform for how a job is to be done, how is the job actually implemented and undertaken. This is where many injured workers have come to me and other MLAs, to say that the way the WCB performs in this area for some workers, not all, but for some, puts them on an endless treadmill of appeals and frustration. When are we going to undertake an operational review? Thank you, Mr. Speaker.

Thank you, Mr. Braden. Mr. Krutko.

Further Return To Question 484-15(3): Operational Review Of The WCB

Thank you, Mr. Speaker. Mr. Speaker, the legislation that I talk about in regard to the draft legislation does address the issue of the appeals process. We realize there are some concerns in that area and in order to make it work better, we have to make those changes. So we are addressing the area of the appeals because of concerns, but we’re also trying to have a transparent system through the new legislation to ensure that when people come forward and they have an appeal, that the appeal is being heard and that we’ve responded to it without having legislation that is overlapping between the authority of the government’s counsel or the Appeals Tribunal. So we’re ensuring that those two functions operate in a clearer manner than they are right now because if the legislation has originated from this, it does have some overlap and we are trying to resolve that through the proposal that is coming forward; to look at the new legislation under phase two to ensure that we have a system that works. With regard to the Appeals Tribunal and the roles that they have in regard to the governance council, the Appeals Tribunal should ensure that they don’t have these overlapping authorities where they are bumping into each other. I think that is the area that I and my counterpart in Nunavut are looking at to ensure that we make these changes so that we avoid these kinds of inconveniences to the people that are going through the appeals process.

So this is an opportunity for us to look at that and, with regard to the Members on the other side, once we have more meat on the bone with regard to figuring out what’s in that legislation and we have something that is solid, I will bring it forward to the Members so they can have a chance to look at that.

Thank you, Mr. Krutko. Final supplementary, Mr. Braden.

Supplementary To Question 484-5(3): Operational Review of the WCB

Mr. Speaker, the public report called Act Now, which spurred these initial changes, was presented to the Ministers almost three years ago now, but has yet to be tabled in this House. Will this Minister table this report for the record in this Assembly? Thank you, Mr. Speaker.

Thank you, Mr. Braden. Mr. Krutko.

Further Return To Question 484-15(3): Operational Review of the WCB

Yes.