Debates of February 26, 2010 (day 36)

Date
February
26
2010
Session
16th Assembly, 4th Session
Day
36
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

Mr. Speaker, I move, seconded by the honourable Member for Monfwi, that Bill 15, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2010-2011, be read for the first time.

Speaker: MR. SPEAKER

Bill 15, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2010-2011, has had first reading.

---Carried

Second Reading of Bills

BILL 12: SUPPLEMENTARY APPROPRIATION ACT (INFRASTRUCTURE EXPENDITURES), NO. 4, 2009-2010

Mr. Speaker, I move, seconded by the honourable Member for Deh Cho, that Bill 12, Supplementary Appropriation Act (Infrastructure Expenditures), No. 4, 2009-2010, be read for the second time.

This bill makes supplementary appropriations for infrastructure expenditures for the Government of the Northwest Territories for the 2009-2010 fiscal year.

Speaker: MR. SPEAKER

Bill 12, Supplementary Appropriation Act (Infrastructure Expenditures), No. 4, 2009-2010, has had second reading.

---Carried

The honourable Minister responsible for Finance, Mr. Miltenberger.

BILL 13: APPROPRIATION ACT (OPERATIONS EXPENDITURES), 2010-2011

Mr. Speaker, I move, seconded by the honourable Member for Boot Lake, that Bill 13, Appropriation Act (Operations Expenditures), 2010-2011, be read for the second time.

This bill authorizes the Government of the Northwest Territories to make operations expenditures for the 2010-2011 fiscal year.

Speaker: MR. SPEAKER

Bill 13, Appropriation Act (Operations Expenditures), 2010-2011, has had second reading.

---Carried

The honourable Minister responsible for Finance, Mr. Miltenberger.

BILL 14: SUPPLEMENTARY APPROPRIATION ACT (OPERATIONS EXPENDITURES), NO. 3, 2009-2010

Mr. Speaker, I move, seconded by the honourable Member for Range Lake, that Bill 14, Supplementary Appropriation Act (Operations Expenditures), No. 3, 2009-2010, be read for the second time.

This bill makes supplementary appropriations for operations expenditures for the Government of the Northwest Territories for the 2009-2010 fiscal year.

Speaker: MR. SPEAKER

Bill 14, Supplementary Appropriation Act (Operations Expenditures), No. 3, 2009-2010, has had second reading.

---Carried

The honourable Minister responsible for Finance, Mr. Miltenberger.

BILL 15: SUPPLEMENTARY APPROPRIATION ACT (INFRASTRUCTURE EXPENDITURES), NO. 1, 2010-2011

Mr. Speaker, I move, seconded by the honourable Member for Monfwi, that Bill 15, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2010-2011, be read for the second time.

This bill makes supplementary appropriations for infrastructure expenditures for the Government of the Northwest Territories for the 2010-2011 fiscal year.

Speaker: MR. SPEAKER

Bill 15, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2010-2011, has had second reading.

---Carried

Item 19, consideration in Committee of the Whole of bills and other matters: Bill 3, Medical Profession Act; Bill 11: An Act to Amend the Workers’ Compensation Act; Minister’s Statement 47-16(4), Transfer of the Public Housing Rental Subsidy, with Mr. Krutko in the chair.

Consideration in Committee of the Whole of Bills and Other Matters

I’d like to call Committee of the Whole to order. We have several bills: Bill 3, Medical Profession Act; Bill 11, An Act to Amend the Workers’ Compensation Act; Minister’s Statement 47-16(4), Transfer of the Public Housing Rental Subsidy. What is the wish of the committee, Mrs. Groenewegen?

Thank you, Mr. Chairman. The wish of the committee is to deal with those three items that you just listed in that order. Thank you.

Agreed.

We’ll begin with Bill 3. I would like to ask the Minister responsible for the bill if she has any opening comments. Minister Lee.

Thank you, Mr. Chairman. Yes I do.

Mr. Chairman, I am pleased to introduce Bill 3, Medical Profession Act.

This Bill 3 replaces the current Medical Profession Act and modernizes the processes for the registration and discipline of medical practitioners in the Northwest Territories. Bill 3 was developed through a collaborate effort by the Department of Health and Social Services and representatives of the Northwest Territories Medical Association and their legal counsel.

Mr. Chairman, the existing act is almost 30 years old and is significantly out of date. In the provinces, regulatory colleges license physicians and also discipline their members. In the Northwest Territories there are too few resident physicians to maintain a college structure and, therefore, the GNWT registers and licenses physicians. This regulatory process will remain in the new act but some functions will be assigned to entities other than the Minister to be consistent with other health profession legislation in the NWT and in the South.

In keeping with the goal of modernizing the legislation, the language of the registration section was updated and the act contains an express provision to appoint a registrar who is responsible for administrative functions, such as maintaining the various registers and issuing licenses under the direction of the Medical Registration Committee. This formalizes the role of the registrar, assigning administrative functions to this person instead of the Minister.

Mr. Chairman, the main reason why a new Medical Profession Act is required is that the disciplinary process in the existing act does not clearly separate the investigative and adjudicative provisions. This is of concern, as it is contrary to the laws of natural justice. To ensure procedural fairness, the new act has a provision for the express appointment of a complaints officer who will be responsible for reviewing and deciding on how the complaint will be handled. A separate investigator will look into the matter if the complaint cannot be resolved in the early stages of the review and, most importantly, the person that investigates a complaint cannot also sit on the panel that hears the complaint if it is referred to a board of inquiry.

The new act also includes an alternative dispute resolution mechanism so that not all complaints have to automatically be decided by a board of inquiry.

Mr. Chairman, there is a movement towards assessing the qualifications and practice of international medical graduates. In order to meet the growing demand for medical professionals, the NWT will have to consider such options for recruitment and retention. The new Bill 3, Medical Profession Act, has a provision for the appointment of a review officer to allow for a process to assess these “non-standard” applications. The Department of Health and Social Services will closely monitor national trends regarding the assessment of the qualifications and practice of international medical graduates and will determine how best to adapt these trends to the North.

Mr. Chairman, we all know that innovative, reliable technology is vital to the safe, sustainable delivery of health care in the NWT. This act gives the flexibility to be able to license medical practitioners who practice medicine in the Northwest Territories by employing telehealth technology to bring specialized services to northern patients, while still physically being in another jurisdiction. This issue is being discussed at a national level and a consistent approach can be adopted by regulation in the future,

I would like to thank the Standing Committee on Social Programs for their review of this Bill 3, Medical Profession Act, and for their comments. A number of motions were put forward as a result of the valuable stakeholder input they received during the public review and Bill 3 was strengthened by clarifying the language in a number of provisions.

Mr. Chairman, I would also, again, like to acknowledge the time put into this legislative initiative by the Northwest Territories Medical Association, particularly Doctors Don Giovanetto, John Morse, Bing Guthrie and David King who were members of a steering committee that provided feedback to the Department of Health and Social Services during all phases of the legislative development. This collaborative effort has resulted in a modern piece of legislation that meets the needs of all stakeholders -- physicians and the general public -- and I would like to thank the doctors for their efforts. Also, I would like to take this opportunity to thank Dr. Anna Reid, president of the Northwest Territories Medical Association, for voicing her support of this bill during the public review process.

Mr. Chairman, this concludes my opening remarks. I would be pleased to answer any questions Members may have. Thank you.

At this time I’d like to ask the chairperson of the standing committee which reviewed the bill if they have any comments. Mr. Beaulieu.

Thank you, Mr. Chairman. Mr. Chairman, the Standing Committee on Social Programs conducted a public review of Bill 3, Medical Profession Act, at meetings held on February 15 and 24, 2010.

Bill 3 replaces and repeals the existing Medical Profession Act, which is almost 30 years old. The new act will modernize the processes for the registration and discipline of medical practitioners in the Northwest Territories and will make consequential amendments to the Ophthalmic Medical Assistance Act and the Pharmacy Act.

The committee heard from several stakeholders including the executive director and the legal counsel for the Canadian Medical Protective Association, the president and legal counsel for the NWT Medical Board of Inquiry, the registrar of the Alberta College of Physicians and Surgeons, and the president from the NWT Medical Association. These presentations had been prepared carefully and thoughtfully. Committee members appreciated the participation of these stakeholders.

Based on the insights of the various stakeholders, and after some discussion with the Minister, several amendments were proposed. Some of the amending motions reflected non-substantive but important changes, while other amending motions helped to clarify certain sections of the act. The Minister of Health and Social Services concurred with the amending motions during a clause-by-clause review. Following a clause-by-clause review, a motion was carried to report to the Legislative Assembly that Bill 3 as amended and reprinted is now ready for consideration in Committee of the Whole.

This concludes committee’s general comments. Individual members may have comments or questions as we proceed. Thank you, Mr. Chairman.

Thank you, Mr. Beaulieu. At this time I’d like to ask the Minister if she’ll be bringing in any witnesses. Ms. Lee.

Yes, Mr. Chairman. Thank you.

Does committee agree the Minister brings in her witnesses?

Agreed.

Sergeant-at-Arms, please escort the witnesses in.

For the record, Minister Lee, please introduce your witnesses.

Thank you, Mr. Chairman. To my right is Ms. Lisa Cardinal, director of policy, planning and evaluation. To my left is Mr. Mark Aitken, director of legislation division of Justice. Thank you.

Thank you, Minister. Welcome, witnesses. General comments in regard to Bill 3. Detail? Since we are dealing with a pretty hefty bill, I’ll be proceeding in regard to clause 1 to 10. Clause 1 to 10.

---Clauses 1 through 10 inclusive approved

Clause 11 to 20.

---Clauses 11 through 20 inclusive approved

Clause 61 to 70.

---Clauses 61 through 70 inclusive approved

Clause 81 to 90.

---Clauses 81 through 90 inclusive approved

Agreed.

Does committee agree that Bill 3 is ready for third reading?

Agreed.

Bill 3 is now ready for third reading. Thank you, Mr. Minister. Thank you, witnesses. Sergeant-at-Arms, escort the witness out.

As we agreed, the next bill we will be dealing with is Bill 11, An Act to Amend the Workers’ Compensation Act. At this time I would like to ask the Minister if he has any comments. Mr. Robert McLeod.

Mr. Chairman, thank you for the opportunity to provide opening comments on Bill 11, An Act to Amend the Workers’ Compensation Act. The proposed amendments allow for the creation of a legislative presumption that firefighters with certain types of cancers are presumed to have developed the cancer from their work.

The presumption for firefighters, full-time, part-time and volunteer, will recognize that firefighters who have certain types of cancers after working as firefighters for specified periods developed those cancers from their work. Seven Canadian jurisdictions currently provide for a legislative presumption for firefighters. Regulations will list the cancers and the required length of employment as a firefighter for the presumption to apply.

Secondly, the proposed amendments allow greater flexibility for appointing qualified individuals to the position of Governance Council chairperson.

The provisions of the current Workers’ Compensation Act limit the term a person can serve on the Governance Council, in any capacity, to a maximum of six years of consecutive service and no term of appointment can be longer than three years. In other words, if a person had served on the Governance Council as a director for a total of four years, the maximum time this person could serve as chairperson is two years.

The proposed amendment will allow the Minister to appoint a director to the Governance Council for a total period not exceeding nine years. The chairperson provides a leadership role; increasing the time limit of service on the Governance Council gives the Minister options to ensure the Governance Council has effective leadership. The bill does not seek to modify term lengths. That is, the Minister can still appoint a director to a maximum term of three years. The proposed amendment allows the Minister to reappoint a director for up to two additional three-year terms.

I would like to thank the standing committee for their input and comments to enhance the bill. I look forward to our discussion today and am prepared to answer any questions the committee may have. Thank you, Mr. Chairman.

Thank you, Mr. Minister. At this time I’d like to call on the chair of the standing committee which reviewed the bill if he has any comments. Mr. Ramsay.

Thanks, Mr. Chairman. Bill 11, An Act to Amend the Workers’ Compensation Act, makes two amendments: to create a presumption that certain diseases which occur more frequently in firefighters than in the general population have been caused by the firefighter’s exposure to conditions at the scene of fires. A further amendment extends the period of time that a Minister may reappoint a person to the Governance Council.

The Standing Committee on Economic Development and Infrastructure held a public hearing on Bill 11, An Act to Amend the Workers’ Compensation Act, on February 23, 2010. The committee brought forward some proposed amendments at the public review on the same day. The first amendment broadens the definition of firefighter to include part-time and volunteer firefighters. The second amendment limits the tenure of a director on the Governance Council to a period not exceeding nine years without a break in service and that a person who has served on the Governance Council may be reappointed after a break of one year. The Minister concurred and the bill was amended. The committee thanks the Minister and his staff for presenting the bill.

Following the committee’s review, a motion was carried to report Bill 11, An Act to Amend the Workers’ Compensation Act, as ready for consideration in Committee of the Whole.

This concludes the committee’s opening comments on Bill 11. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.

Thank you, Mr. Ramsay. At this time I would like to ask the Minister if he will be bringing in any witnesses.

Yes, I would, Mr. Chair.