Debates of May 31, 2006 (day 2)

Thank you, Mr. Braden. The honourable Minister responsible for the Workers’ Compensation Board, Mr. Dent.

Return To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Thank you, Mr. Speaker. The reason is because Mr. Valic and his solicitor have determined that the public interest representative on the panel, the appeals tribunal right now, who would be available to hear the case is not suitable. Their argument is that she was involved in the case. I have been assured by her that she has never even read the file, but they have decided that they wanted a new person. So in order to achieve that, we’ve had to advertise for additional members of the appeals tribunal. That’s been done and, as the Member noted in his statement today, it is the closing day for applications. I will review those applications very quickly and move to have somebody appointed as quickly as possible. Thank you.

Thank you, Mr. Dent. Supplementary, Mr. Braden.

Supplementary To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Mr. Speaker, I appreciate the answer, but it is quite consistent with the kind of responses we’ve had from the WCB on such a range of issues. There is never any issue of whether or not there may be some fault or some lack of consideration or process at the WCB. The ability of the WCB to put a fresh panel forward is really what’s at question here. So we’re now coming up to six months, Mr. Speaker, for this process to grind its way along. Now I’m hopeful that qualified tribunal members will come forward from this latest process, but I anticipate that there’s going to be training and orientation required. So when may Mr. Valic expect to actually have his day before this fresh appeal tribunal, Mr. Speaker?

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Thank you, Mr. Speaker. It had been the hope of the appeals tribunal that they could have heard this case much more quickly, and it was the opinion of the tribunal and their legal counsel that they could put together a freshly constituted appeals tribunal to hear this case right away when the decision was made to hear it. However, since Mr. Valic and his counsel have rejected one of the members, we are working with all due haste to try and put one together. I can’t say exactly when that hearing will be able to be held, but I can assure the Member that the appeals tribunal will work with Mr. Valic’s counsel to try and schedule as soon as mutually possible, as soon as a mutually acceptable date can be found. Thank you.

Thank you, Mr. Dent. Supplementary, Mr. Braden.

Supplementary To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Mr. Speaker, to the ruling delivered on December 14th last year by Justice Schuler of the NWT Supreme Court, there were two significant areas here in which the WCB were found at fault. One related to the denial of natural justice to this injured worker and the other to a violation of the Charter of Rights and Freedoms. These are significant pieces of law and policy and administration. Significant, Mr. Speaker. I would like to know what steps are being taken by the WCB to hold to account those officers who allowed these positions to be taken and persisted in endorsing them and actually drove this worker all the way to the Supreme Court to actually have it found that these positions were unjust. How are those officers being held to account, Mr. Speaker?

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Thank you, Mr. Speaker. Mr. Speaker, I think it’s important to note that the WCB recognizes chronic pain syndrome as a compensable injury. There was some difference of opinion as to whether or not it fits in the disability tables, but the issue is one of whether or not compensation is being paid. The WCB says, or will accept chronic pain as a compensable injury. Each case is dealt with on an individual basis and it doesn’t fit into a standard table as some of the other injuries do; for instance, the loss of a thumb or the loss of a foot in which there is a standard sort of response. Each case is being examined on its own and sometimes the pension could be allowed. In fact, a pension is often allowed and treatment is typically provided. So there has not been any individual wrongdoing here in these cases. This is a situation where the judge was not satisfied with the manner in which the appeals tribunal and the Workers’ Compensation Board handled the case and has directed that it be looked at again, and that is exactly what both the WCB and the AT will do. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Your final supplementary, Mr. Braden.

Supplementary To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Thank you, Mr. Speaker. I’m not a lawyer and I’m not going to attempt to turn the Chamber into a courtroom, but the point was the decisions and the policy and the practice undertaken by the WCB as it relates to Mr. Valic were a violation of the Charter. It found that the way in which it treated Mr. Valic and others who have come forward with chronic pain syndrome was different than the way they were treated from workers with other conventional kinds of injuries, if you will, Mr. Speaker. So that is the point where the WCB was found at fault. That was the point that the officers and the people or the experts of the WCB we rely on, who injured workers rely on to get fair hearings and fair decisions were let down. So this is not some trivial area of misinterpretation. This is a serious, a very serious impact on these workers. What is being done to hold the officers of the WCB to account for this type of action, Mr. Speaker?

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 12-15(5): WCB Appeals Tribunal Rehearing For Ivan Valic

Thank you, Mr. Speaker. The judge did not say that anybody wilfully did something that was not acceptable. The judge said that she found that they had made the wrong decision and that, in her opinion, it needed to be re-examined. So this is not a situation, if you care to look at the judgment, that there was any indication that an individual was found to have done anything wrong. So, Mr. Speaker, in terms of who is going to be held to account, the WCB has had the ruling of the court, it's looked at it, the Governance Council has agreed not to appeal the case, the appeals tribunal is prepared to rehear the case as soon as a freshly constituted panel can be put in place and, as the judge said, it might not be realistic to expect it to happen within 60 days and that has proven to be the case. But the appeals tribunal is moving as quickly as possible to deal with the issues. The Governance Council has also taken the opportunity to, or taken the occasion to review its policy on chronic pain. They have undertaken that review and will finalize that review at their next formal meeting and we’ll have, I suspect, a new policy in place. But I think it’s important to understand that with or without that policy, chronic pain is seen as a compensable injury and each case is looked at on an individual basis. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, my questions today are for the Minister responsible for Human Resources, the Honourable Floyd Roland, and I do hope that the rest of Cabinet is paying close attention to the questions that I have today. Two numbers to keep in mind, Mr. Minister, as I outlined in my Member’s statement earlier, 13 percent of our population suffers from a disability of some kind and only .4 percent of our current workforce is comprised of persons with disabilities. Mr. Minister, this only confirms that any existing measures to increase these numbers are woefully inadequate and it doesn’t seem to bother the GNWT that this is the case, because it is blatantly obvious to me that over the past 10 years these numbers haven’t gone anywhere, but stayed stagnant. It doesn’t appear that the Government of the Northwest Territories is willing to do anything about it. The Government of the Northwest Territories' policy states that the government is committed to a competent public service that is representative of the population it serves. Also it states that the government should be a role model for affirmative action in the Northwest Territories. Since the government has practically no representation of the disabled community within its own public service, I’d like to ask the Minister what he is willing to do to correct the gross under representation of this community of people. Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. The honourable Minister responsible for the Financial Management Board Secretariat, Mr. Roland.

Return To Question 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Thank you, Mr. Speaker. Mr. Speaker, the Member is correct in his quoting of the numbers of the amount of people who have counted themselves as disabled when they’ve applied for positions or have positions within the Government of the Northwest Territories. The numbers, in fact, since our tracking from 1991, are very similar throughout the years. They haven’t changed much. Part of the issue, Mr. Speaker, is the fact that when somebody applies for a position within the government, they have to identify if in fact they are disabled or not and some people who are working within the government have not identified themselves as disabled. The issue around the affirmative action policy, much of the focus of that policy is around aboriginal people in the Northwest Territories being hired in positions. What we’re looking at doing is working on an employment equity policy to take over what the affirmative action policy has been identified to do and work on from that benefit to try to ensure that people who apply for positions within the Government of the Northwest Territories that identify whether they are an affirmative action candidate or a disabled candidate would receive the priority that they’re entitled to. Thank you

Thank you, Mr. Roland. Supplementary, Mr. Ramsay.

Supplementary To Question 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Thank you, Mr. Speaker. I’m just wondering and the Minister has made it abundantly clear how useless the current affirmative action and where we place disabled persons in that four-tiered approach to affirmative action as a priority two, how useless it is to persons with disabilities in trying to gain employment with the government and for him to stand up and say that they don’t self identify, I think that’s just taking the first escape route that he can see as to why the government hasn’t come up with some other policy or some other means to increase the number of disabled persons that are ready, willing, and able to work for the Government of the Northwest Territories. I’d like to ask the Minister how he can defend, and this is a big one, Mr. Speaker, how he can defend the fact that hundreds of direct appointments are made by this government, the last government, to priority one candidates under the affirmative action policy, but only one was ever made in the last number of years -- you can go back five or six years -- only one was ever made to a person with a disability. I’d like the Minister to say how he can defend those types of numbers in this House. Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. Mr. Roland.

Further Return To Question 13-15(5): 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Thank you, Mr. Speaker. Mr. Speaker, the fact is, as a representative government, I can’t defend what previous governments did or did not do. The fact is that when Ministers bring forward a request for direct appointment, it’s tied to some of our other initiatives. For example, when we talk about graduates from our Nursing Program, our Social Work Program, as well as some of the teachers, and as well the internship program that we have of people who’ve gone to school, receive some training in their area and have worked within the department for a year or so, we’ve used that tool as an avenue of ensuring that we get qualified people in those positions.

Mr. Speaker, the Member is using the allocation of disabled people in the sense of the percentage of disabled people across the North at 13 percent and using that in comparison with how many people are employed within the Government of the Northwest Territories. We don’t have a key number here on how many disabled people have applied for government positions. Yes, the number is not good and, as well as in a number of areas within our affirmative action policy, and we are going to work to put in something that is, as I mentioned earlier, put together a package that we want to bring to Members about the employment equity policy. Thank you.

Thank you, Mr. Roland. Supplementary, Mr. Ramsay.

Supplementary To Question 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Thank you, Mr. Speaker. Mr. Speaker, let’s just talk about this government then. Let’s talk about this government and its practice of direct appointments to people under the affirmative action policy. It doesn’t include very many disabled persons that I’m aware of; maybe one, Mr. Speaker. I’d like to ask the Minister if indeed he can provide any targets or any type of scenario that would see an increase to the number of disabled persons -- and I’ve got a couple of constituents, Mr. Speaker, that have faced nothing but barriers when it comes to employment with the Government of the Northwest Territories -- and I’d like him to stand up and tell me what he’s going to do to improve this for people with disabilities here in the Northwest Territories trying to gain employment with their own government. Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. Mr. Roland.

Further Return To Question 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Mr. Speaker, one of the things we have to look at as a government when we put out for positions to have filled by residents of the Northwest Territories is the type of function and other parameters we have to work within in having people be successful in applications when they apply for that position. We can’t just set targets and say there’s a 20 percent requirement here, let’s fill it with persons with a disability, or that are from a different part of the territory, or aboriginal descent, 1922-ers or whatever we call, as well. The fact is, first and foremost, as we put out positions that are to be filled to do jobs for this government is we have to look at the role of that job and take in the affirmative action policy as it sits. I’ve already stated we are working on a paper, an employment equity policy that hopefully will address concerns around affirmative action hiring in the Northwest Territories. Thank you.

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

Supplementary To Question 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Thank you, Mr. Speaker. Mr. Speaker, I take issue with what the Minister has to say because if you use his rationale, you know, it’s completely backwards here because I know this government tries to get a workforce that’s representative of the population that it serves. Direct appointments are made under the affirmative action policy to P1 candidates. It happens all the time and this government does it. I’ve seen it happen. But yet when it comes to persons with disabilities, direct appointments are nowhere to be found, Mr. Speaker, absolutely nowhere to be found. I’d like to ask the Minister, will he look at some proactive approaches to increasing the number of persons with disabilities that are able to gain employment with this government? Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. Mr. Roland.

Further Return To Question 13-15(5): Barriers To Government Employment Experienced By Persons With Disabilities

Thank you, Mr. Speaker. Mr. Speaker, as a government we’re always willing to look at suggestions of possibilities here and I would hope that when we bring forward the employment equity policy here for discussion with Members, that we will have a good dialogue on what options are out there and opportunities that we can improve on our hiring practices as a government. So, yes, we’re willing to look and sit down and discuss what options we might be able to implement as we move forward.

The other issue is, just for the record, Mr. Speaker, when we use direct appointments as a way of putting people into positions within the Government of the Northwest Territories, it is not under the affirmative action. We use the affirmative action as some of the criteria. Questions are asked if it does fit with that program and how it would apply. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, my question today rises out of the Member's statement, which I admit had a number of issues. But one of the points that I was trying to raise was with respect to the government’s responsibility to do all that he can to pay attention to the cumulative effects of all the things that add up -- the high fuel costs, the high labour costs, the high taxes, the WCB rates, and such -- that hinders the businesses from operating businesses in the North. Mr. Speaker, I want to tell you that the northern businesses are up to the challenge. They are aware that things are more expensive, that businesses are more expensive to run, but they also want to let the government know that there is something that the government can do. One of the things that the government should pay attention to is the tax on small businesses. I must have raised this issue before because I happen to coincidentally get a letter from the Minister this morning stating that our taxes for small businesses are on par with the Canadian average, but the comparison should be made really with our closest neighbour who is our competitor. So I’d just like to ask the Minister whether, in his department, when he’s looking at fiscal policies and impact of the government policies on small businesses, whether he makes the comparison with our closest neighbour. Thank you.

Thank you, Ms. Lee. The honourable Minister responsible for Financial Management Board Secretariat, Mr. Roland.

Return To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. Mr. Speaker, in the area of finance, every year when we prepare our business plans we look at our options, all our tax rates, whether in fact the requirement for spending by this Assembly drives up the requirement for more cash, we would look at revenue opportunities as well as our competitive situation in the sense of possibly reducing our tax situation. The small business rate we have in the Northwest Territories, in fact, when we look at other jurisdictions and we do a comparison, is one of the lowest in Canada. Alberta government is in fact lower than us, yes, but at the same time we have to look at all the avenues we have and impacts of making further changes. But we do a comparison with other jurisdictions. In fact, as a result of the federal government’s announcement of increasing their threshold for small business companies that qualify under small business, that has an impact on us, as well, and will help northern small businesses. Thank you.

Thank you, Mr. Roland. Supplementary, Ms. Lee.

Supplementary To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. Further to that I’m going to have to be very careful to make sure that I’m clear with my question here. The follow-up to that, Mr. Speaker, is that I know that the Minister is aware, and I understand that the income level that small businesses will be eligible for this low tax rate will go up from $300,000 to $400,000, which is a good thing, but not too many businesses in the North make that much. What is also important is to raise the tax rate for those who are making first $300,000 and I’d like to know whether or not…The government has suggested reducing small tax rate in exchange for getting rid of BIP. One of the questions raised yesterday was, why should we make some businesses suffer in order for us to get something that other, even big corporations, the government may change its big corporation taxes to be on par with the rest of the jurisdictions. So I’d just like to ask the Minister if he could understand my question because I’m trying to do what I can to explain, but this is a pretty dry area. So I’d like to know if the Minister will make a commitment to review this to see what we can do to help small businesses who are going to be undergoing a lot of cost risers over the next number of months. Thank you.

Thank you, Ms. Lee. Mr. Roland.

Further Return To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. Should I just say yes, I understood the question and go from there? The fact is, yes, we do recognize the impacts of the high cost of living on the Northwest Territories small businesses. That is why there has been a steady trend since the 1990s when the small business tax rate was in fact in the area of 10 percent and the last reduction I believe happened in 2003 when we reduced it from five to four percent. With the changes in the federal government, there will be an impact to this government’s revenues because of the amount of tax applied to the small business. The threshold has increased, as the Member has stated. We keep that in mind whenever we start our business plan process, when we weigh the avenue of either trying to raise more income for our budget process or tell departments that there’s less money to spend. So it is something that we have to wrestle with on every cycle we go through in business plan. Thank you.

Thank you, Mr. Roland. Short supplementary, Ms. Lee.

Supplementary To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. As I stated already, Mr. Speaker, it is my understanding for a lot of small businesses they may, it’s not how much revenue you get, it’s, you know, after you take out the expenses from revenue, and for a lot of businesses if they make $300,000, anywhere near that, they’re doing really good. But a lot of people don’t make it that high. I think that’s why the government needs to look at reducing those tax rates up to $300,000. Could I ask a specific question to the Minister? Could the Minister provide us with how much small business income tax this government has collected over the last five years and what the outcome was as a result of changing the tax rates from five to four percent, as it is now? Could I get the commitment from the Minister on that? Thank you.

Thank you, Ms. Lee. Mr. Roland.

Further Return To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. Mr. Speaker, the way our tax system works, all corporations in the Northwest Territories are eligible for the small business tax rate up to $300,000. In this case, now up to $400,000. So we’d have to provide information on all corporations in the Northwest Territories, not just those that had less income and only qualified for the small tax rate. We could maybe sit down with the Member and try to get more specific to what questions or answers she’d like to see in that area instead of providing a whole slew of information that might not be too useful. I’ll gladly sit down with the Member and go through that. Our competitive tax rate, when we look at it, we are on par with most other jurisdictions; In fact, lower. There’s only two jurisdictions lower than ourselves, that being Alberta as well as, I believe, New Brunswick. Thank you.

Thank you, Mr. Roland. Final short supplementary, Ms. Lee.

Supplementary To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. I think there’s a lot to be gained by having exchanges here as well as in private offices. Mr. Speaker, could I get the Minister to provide me with the information as to how much it would cost the government to change the income tax rate for small businesses up to $300,000 -- I’m not going $400,000 -- just up to $300,000 to match the Alberta rate? I think we have serious problems in Yellowknife being a big, major centre. Even though the economy is booming, we’re not seeing a lot of people staying here. A lot of people are moving; we can’t be competitive with northern Alberta, our closest competitor. So I’d like to ask the Minister to give me a figure on how much it would cost the government to reduce their rate to match the Alberta rate because, you know, the government…

Thank you for your question, Ms. Lee. Mr. Roland.

Further Return To Question 14-15(5): Impact Of Fiscal Policy On Small Businesses

Thank you, Mr. Speaker. Yes, we’ll get those numbers. Right now my understanding from the estimates I have is the Alberta government’s small business tax rate is three percent. We’re at four percent. So we’ll provide that information.

Thank you, Mr. Speaker. My questions are for the Minister of NWT Housing Corporation. We are in year one of a three-year plan to accommodate or build, construct 530 units, whether they’re multi-plex or homeownership, across the Northwest Territories. Today I spoke in my Member’s statement about the need for gravel in communities without year-round access for a source of ground material. I’d like to ask the Honourable David Krutko, the Minister of NWT Housing Corporation, can the Minister tell me whether access and stockpiling of granular material for the construction of building lots is part of the Affordable Housing Strategy? Thank you, Mr. Speaker.

Thank you, Mr. Pokiak. The honourable Minister of Housing Corporation, Mr. Krutko.

Return To Question 15-15(5): Infrastructure Needs Of Nunakput

Thank you, Mr. Speaker. Yes, Mr. Speaker, we are working with Municipal and Community Affairs. We have a planning team in place to look at what lots are available, what granular materials are there, and what has to be delivered. So we are working that into our transitional plan. For this year we have put out tenders, but most of those tenders that have been put are on the basis we do have lands available in those communities. Again, through the transitional plan that we’re working on with MACA, we will be able to have a better idea what lands are available and what granular materials we’re going to need over the next couple of years. We are working with the communities such as Tuktoyaktuk and we will have to identify those ground reserves and have to get them brought into the community over the winter road or make sure it’s hauled during the winter season. So we are building that into the transitional plan to be able to deliver the housing that’s going to be needed over the next three years. Thank you.