Debates of March 8, 2005 (day 51)

Thank you, Mr. Bell. Supplementary, Mr. Ramsay.

Supplementary To Question 570-15(3): Federal Economic Development Funding

Thank you, Mr. Speaker. In the administration of the funds and the handling of the funds that are available, I’m wondering what discussions our government had with the federal government and the officials at DIAND that would see the Government of the Northwest Territories, which I believe would be a better vehicle to deliver this much needed economic development funding to our residents. What discussions took place between our government and DIAND in regard to who would administer these funds? Thank you.

Thank you, Mr. Ramsay. Mr. Bell.

Further Return To Question 570-15(3): Federal Economic Development Funding

Thank you, Mr. Speaker. There’s quite a bit of history here; a number of meetings and discussions at several levels in our government with federal colleagues. I also had discussions with Minister Blondin-Andrew and Minister Scott. Collectively the three territories initially believed, and there’s probably still some belief, that the money should be turned over to the territorial governments, there should be bilateral contributions. We believe we have the vehicles to deliver the program funding. The federal government was insistent this was a federal program, they weren’t prepared to devolve. They do want to maintain the authority to make the decisions on which programs get funded and how this money is going to be rolled out. That said, Mr. Speaker, we are just, at this point, happy to see the economic development money will be delivered in the North. We do want to be involved in the program delivery as much as possible, but clearly it’s a federal program and we aren’t in control of it at this point. Thank you, Mr. Speaker.

Thank you, Mr. Bell. Supplementary, Mr. Ramsay.

Supplementary To Question 570-15(3): Federal Economic Development Funding

Thank you, Mr. Speaker. I’d like to ask the Minister, to his knowledge has anyone who lives in the Northwest Territories received any of this funding from the so-called economic development money? Thank you.

Thank you, Mr. Ramsay. Mr. Bell.

Further Return To Question 570-15(3): Federal Economic Development Funding

Thank you, Mr. Speaker. Not to my knowledge. My understanding is that initially the federal government had hoped to roll at least $3 million per territory out for this year prior to March 31st. It’s obviously quickly approaching March 31st. I don’t think that’s going to happen. I think now in the latest correspondence I have from Minister Scott he’s referring more to the $30 million and how that will flow going forward. I think that’s an encouraging sign. I don’t think this needed to be a sort of rush job at year-end to push a bunch of money out the door. I’d rather see a well thought out program, so I think that’s the approach the federal government is taking here. I don’t believe the program criteria have been established and if they have, they certainly haven’t been communicated to us yet. Thank you, Mr. Speaker.

Thank you, Mr. Bell. Final supplementary, Mr. Ramsay.

Supplementary To Question 570-15(3): Federal Economic Development Funding

Thank you, Mr. Speaker. I agree with the Minister and I appreciate his response. Absent in the Northern Strategy is economic development and an economic development agreement. I’m wondering if the Minister can tell us how Regular Members and how this government might be able to address the fact that an economic development agreement is absent from the Northern Strategy, and I believe it should be included. Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. Mr. Bell.

Further Return To Question 570-15(3): Federal Economic Development Funding

Thank you, Mr. Speaker. I know that’s how Members of this House feel. I know that that’s how residents of the Northwest Territories feel. We do need an EDA agreement. I’ve made that very clear to both Minister Blondin-Andrew and Minister Scott. Minister Blondin-Andrew agrees, as well. What we have right now is this economic development money for the next five years. Minister Scott has made the point to me that we need to talk about how to best use this money and make the compelling argument that he can take back to the Treasury Board that says this was money that was well used, obviously there was a need in the North and we need to develop and long-standing, long-term program for the interests of northerners. We’re going to certainly work to make sure that that happens, but I do agree with the Member and with Members in this House in saying that a short-term program is not going to meet the needs of northerners. We need something for the foreseeable future. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, last week we had a discussion on the vision of the Northwest Territories. It was a very good discussion amongst Members and the other side and, Mr. Speaker, in fact the Premier had some air time on CBC talking about the vision of the Northwest Territories. Mr. Speaker, when we look at the big picture of the Northwest Territories, there’s a key piece of this vision that needs to be included. It’s our elders, Mr. Speaker, and I want to see or hear from the Premier in terms of what type of support would he give our elders in the Northwest Territories as a reflection of this government in terms of having them play a role in our government in the North. Thank you.

Thank you, Mr. Yakeleya. The honourable Premier, Mr. Handley.

Return To Question 571-15(3): Role Of Elders In Government

Thank you, Mr. Speaker. Our elders are very important to us and to aboriginal cultures in particular. There is need, as we develop the strategy, to have some consultation as we talk about safe, healthy communities to ensure that there is a way for elders, whether it’s through band councils or through municipal councils or through their MLAs, to have some input into government and the things that we do as the Government of the Northwest Territories. Thank you, Mr. Speaker.

Thank you, Mr. Handley. Supplementary, Mr. Yakeleya.

Supplementary To Question 571-15(3): Role Of Elders In Government

Thank you, Mr. Speaker. Mr. Speaker, the Premier is 100 percent correct; our elders are very key to us in our communities. I’m asking would the Premier consider the principles of supporting an elders' council with this territorial government, not just the band council, but in this government? Thank you.

Thank you, Mr. Yakeleya. Mr. Handley.

Further Return To Question 571-15(3): Role Of Elders In Government

Thank you, Mr. Speaker. As we put the strategy together -- and that’s our objective is to have a completed strategy for this year -- then we want to take it out for consultation. I would like to get input from a lot of the seniors about what we should be doing as a government, rather than me trying to decide what’s good for them. So I look forward to the consultation on the strategy, starting with the Circle of Northern Leaders and then branching out from there, and I welcome suggestions that seniors and others may have. Thank you, Mr. Speaker.

Thank you, Mr. Handley. Supplementary, Mr. Yakeleya.

Supplementary To Question 571-15(3): Role Of Elders In Government

Thank you, Mr. Speaker. Mr. Speaker, in terms of the strategy starting with the Circle of Northern Leaders and other meetings with elders down the Mackenzie Valley, I guess I’m looking for a time frame. Could the Minister bring to this government a complete end result of the strategy to have discussion in the House in possibly looking at the involvement of elders within this government? Thank you.

Thank you, Mr. Yakeleya. Mr. Handley.

Further Return To Question 571-15(3): Role Of Elders In Government

Mr. Speaker, my view or my vision of what this document will look like would be a document that would have pan-territorial chapters that would deal with things that go right across the North and then there would be chapters dealing with issues and priorities for the Northwest Territories. When we meet with the Circle of Northern Leaders, I want to present them with some draft action plans for them to start looking at and I hope at that time we would then have some feedback. I’m sure the Member will raise the issue about seniors at that time. We would take the comments from the Circle of Northern Leaders and go back and redo the action plans. I expect we can have turnaround within two or three months of the Circle of Northern Leaders where we would have something back. I also want to emphasize, Mr. Speaker, that the Northern Strategy is what we call a living document; it can be changed at any time as priorities change. So no one has to feel that things are frozen in time somehow and can never be added to the strategy. Thank you, Mr. Speaker.

Thank you, Mr. Handley. Final supplementary, Mr. Yakeleya.

Supplementary To Question 571-15(3): Role Of Elders In Government

Thank you, Mr. Speaker. Mr. Speaker, I liked the Premier’s answers on the Northern Strategy as a living document that can be changed. Through the discussion that the elders give, can we give elders/seniors some special consideration in terms of being part of this government? I think we’re missing that key here in terms of how we do government and reflecting the traditional culture and values of the Northwest Territories. So would the Premier ensure, as close as possible, that the elders are involved in this whole development of the strategy? Thank you.

Thank you, Mr. Yakeleya. The honourable Premier, Mr. Handley.

Further Return To Question 571-15(3): Role Of Elders In Government

Thank you, Mr. Speaker. I agree that the elders have to have an opportunity for input into it and I hope each of us as MLAs do make a point of talking with the seniors, with the elders within our constituencies. That’s one way of doing it. Now, Mr. Speaker, I’m certainly open to considering any kind of proposals that Members may have, the public may have, and seniors themselves may have in terms of how they may be involved. In saying that though, we have to keep in mind the costs of doing it and make sure that we’re doing it in a way not just for seniors, but for everybody’s input in a way that is most cost effective and does give us good guidance. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. My question is for the Minister of Education, Culture and Employment.

Could the Minister provide detailed information on what this government has done to deal with truancy, high dropout rates and the low graduation rates of our schools in the NWT? Thank you, Mr. Speaker.

Mr. Speaker, I wish to report that the Standing Committee on Accountability and Oversight has reviewed Bill 21, An Act to Amend the Public Service Act, and wishes to report that Bill 21 is ready for consideration in Committee of the Whole.

Mr. Speaker, I seek unanimous consent to waive Rule 70(5) and have Bill 21 ordered into Committee of the Whole for today. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Further to my Return to Written Question 73-15(3), I wish to table the following document entitled Number of New Teachers Hired from 2001 to 2005. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I give notice that on Thursday, March 10, 2005, I will move the following motion: Now therefore I move, seconded by the honourable Member for Nunakput, that the Legislative Assembly request that the Auditor General of Canada undertake a comprehensive performance audit of the workers’ compensation function of the Northwest Territories/Nunavut Workers’ Compensation Board and report thereon to the Legislative Assembly; and further, that the performance audit examine the organization, training and orientation of personnel, practices, attitudes, philosophy, internal performance measures, procedures and resources associated with administering claims made by the injured workers to ascertain whether these conform with, and claims are managed in accordance with, the spirit and intent of the act; and furthermore that the audit examine the adequacy and appropriateness of the board’s corporate governance model and accountability relationship to the Government of the Northwest Territories and the Legislative Assembly; and furthermore that the Auditor General examine such additional factors as she, in her opinion, feels are relevant; and furthermore, that all employees, officials, board and tribunal members actively cooperate with the Auditor General in providing all appropriate documents, records, papers and information; and furthermore that the Auditor General is requested to complete this special performance audit as soon as practicable and provide a report to the Legislative Assembly.

Thank you, Mr. Speaker.

Thank you. Committee, we have a number of items before us. What is the wish of committee? Mr. Menicoche.

Thank you, Mr. Chair. The committee wishes to consider Bill 19, Appropriation Act 2005-2006, with Aboriginal Affairs, Executive and the Legislative Assembly, as well as Bill 21. We wish to consider Bill 21 first. Thank you.

Thank you, Mr. Menicoche. Does committee agree?

Agreed.

Agreed. Thank you, committee, and we’ll now take a short recess. Thank you.

---SHORT RECESS

We are on Bill 21. We are going to start with that in Committee of the Whole. I would like to ask the Minister responsible to introduce the bill.

I am pleased to introduce Bill 21, An Act to Amend the Public Service Act. The staffing appeals process provides for public accountability of staffing within the GNWT public service. The proposed legislative amendments to the Public Service Act will enhance this accountability by enabling revisions to the staffing review and appeals regulations to strengthen the staffing appeals process by making it more independent and transparent.

The proposed changes to the Public Service Act include an appointment mechanism for staffing review officers as well as a more extensive regulation-making provision. This legislative change will enable further and more extensive work to be done on the staffing review and appeals regulations.

Currently, the Staffing Appeals Committee is comprised of three members: the secretary of the FMBS delegate; the president of the UNW delegate; and a mutually agreed upon chairperson. The public and employees frequently view this structure as giving either management or the union the ability to influence the outcome of an appeal.

In order to increase confidence in the staffing appeals system, it is the intention to remove union and management representatives from the process. It is proposed that independent staffing review officers from outside the government would conduct staffing appeal reviews and decide the outcome of staffing appeals.

Increased accountability will also flow from the proposed changes as the appeal process would be extended to competitions for excluded and management positions, below the assistant deputy minister level.

The current system of only allowing appeals for UNW bargaining unit competitions results in a widespread perception that there is no accountability in the staffing process for managerial and excluded positions. Subjecting management and excluded competitions to public scrutiny through the appeals process should change this perception.

Should these legislative amendments of the Public Service Act be approved, then the next stage of work of the staffing review and appeals regulations can begin in earnest. It is proposed that amendments to the regulations will include a requirement for the staffing review officer to complete written decisions, with reasons for upholding or denying the appeal, to be provided to the appellant. Currently, the report of the staffing appeal panel is not provided to the appellant or the proposed appointee. Instead, only the decision, whether the appeal is upheld or denied, is communicated to the appellant and the proposed appointee.

As you can appreciate, this type of an approach often leaves participants in the staffing appeals process wondering if their concerns have been heard. While providing written decisions for appeals will create greater understanding and confidence in the system, it will not make all candidates on a competition happy with a competition outcome. The very nature of the staff process is that only one person gets the job and the remaining applicants are disappointed that they did not get the job. In order to instil public confidence in the process, appellants require clear and reasoned justifications for the appeal decision.

While this proposal will provide for an independent review of an appealed competition, the staffing review officers would not have the authority to appoint individuals to positions. The staffing review officers' role is to determine if the staffing policy was adhered to on an appealed competition. Their appeal decisions will include directing the competition process be restarted at the point in the staffing process where the error was made. The hiring decisions would appropriately remain in the hands of the employer which is the case with the current staffing appeals process.

Thank you, Mr. Chairman. I am prepared to answer any questions you may have.

Thank you, Mr. Minister. I now look to the committee who reviewed Bill 21. Mr. Braden.

Thank you, Mr. Chairman. The Standing Committee on Accountability and Oversight conducted its public review of Bill 21, An Act to Amend the Public Service Act, on March 7, 2005. The committee would like to thank the Union of Northern Workers for their presentation and the Minister and his staff for introducing the bill.

The committee is generally supportive of Bill 21, which will result in long overdue improvements to the staffing appeals process for public service jobs. The committee noted that many of the proposed changes to the process are not included in this bill and will instead be reflected in the regulations. The committee would, therefore, appreciate an opportunity to discuss the regulations with the Minister before they are approved.

The Union of Northern Workers also expressed an interest in having input into the regulations. In particular, they would like to ensure that union members are allowed union representation at appeal hearings, Mr. Chairman, that the union is informed when appeals are filed, and that they will have access to the review officers’ reports and recommendations.

They also would like to see measures put in place to ensure consistent application of the rules by all staffing review officers across the NWT. The committee would encourage the government to work with the union in drafting the regulations and to accommodate their request where practicable.

Mr. Chairman, currently, staffing appeals are heard by a committee made up of a GNWT representative, the Union of Northern Workers representative and a third person agreed upon by the other two. With the new process, all the staffing review officers will be appointed by the Minister. Members asked the Minister if this raises any concerns about their independence. The Minister indicated that his role will be limited to intervening where there have been procedural irregularities and, for the most part, he will be following the recommendations of the review officers.

Members also asked the Minister, Mr. Chairman, about the qualifications of the staffing review officers. The Minister and his staff advised that they intend to recruit people with experience in investigative work and will also provide a rigorous training program on the GNWT staffing process and policies.

The union requested that they be given an opportunity to have input into the selection of the staffing review officers. The committee appreciates the Minister’s agreement to consult with the union before making the appointments. The committee was advised that while the intent was to initially recruit one officer for the northern NWT, one for the southern NWT and one for headquarters, the Minister will reconsider this should the number of appeals in any of these locations result in too high a workload for one officer.

The officers will be contracted on an as-and-when basis.

Mr. Chairman, the committee looks forward to the coming into force of this bill and the regulations later this year and believes it will bring a substantial improvement in terms of both fairness and transparency over the current staffing appeals process.

Following the committee’s review, a motion was carried to report Bill 21, An Act to Amend the Public Service Act, to the Assembly as ready for Committee of the Whole. This concludes the committee’s opening remarks on Bill 21. Mr. Chairman, individual Members may have additional questions or comments as we proceed. Thank you.

Thank you, Mr. Braden. I would like to ask Minister Roland if he would like to bring in witnesses.

Yes, Mr. Chairman.