Debates of October 18, 2004 (day 22)

Agreed.

Does the committee agree that Bill 8 is ready for third reading?

Agreed.

Bill 8 is now ready for third reading. Thank you, Mr. Minister. Thank you, Mr. Aitken.

We will now move to Bill 12 and I would like to ask the Minister responsible, Mr. Dent, if he would like to introduce the bill.

Thank you, Mr. Chairman. Mr. Chairman, Bill 12 is An Act to Amend the Education Act.

The key objective of the amendment to the act is to clarify and confirm the authority of education bodies to hire and employ superintendents of education outside the public service. This bill includes a consequential amendment to the Public Service Act.

The changes proposed to the act will support provisions of the Education Act originally intended when the act came into force in 1996, namely the education bodies would be allowed to hire and employ superintendents outside of the public service. In fact, the hiring of superintendents outside the public service has been in practice with a number of our divisional education councils since 1996.

There has been some question, in recent years, how the intended provisions of the Education Act operate in light of the Public Service Act. The Public Service Act defines employment positions under divisional education councils as public service positions and does not specifically allow superintendents to be excluded from the public service. The issue was further clarified earlier this year, precipitating the need to align the two acts.

An Act to Amend the Education Act calls for an amendment to section 117(1)(m) of the Education Act to state that an education body shall employ a superintendent outside the public service. Consequential amendments to the Public Service Act are required to ensure the two acts are compatible.

Required amendments to the Public Service Act include amendments to schedules A and B. Schedule A is being amended to state that the reference to education authorities applies to every position other than superintendents, and schedule B is being amended to include superintendents in the listing of exempted positions.

This bill enjoys the support of the divisional education councils across the NWT and will clarify the relationships and responsibilities as originally intended when the Education Act was amended in 1996. Thank you, Mr. Chairman.

Thank you, Mr. Minister. I’d like to ask the deputy chair of the Social Programs committee, Mr. Yakeleya, to provide the standing committee’s comments. Mr. Yakeleya.

Thank you, Mr. Chairman. This is the chair’s comments on Bill 12, An Act to Amend the Education Act. The Standing Committee on Social Programs conducted its public review of Bill 12, An Act to Amend the Education Act, on October 12, 2004. The committee would like to thank the Sahtu Divisional Education Council for its written submission, and the Minister and his staff for presenting the bill. The bill will amend the Education Act and make consequential amendments to the Public Service Act to provide that superintendents are not members of the public service.

The Sahtu Divisional Education Council wrote in support of this amendment, which will confirm their ability to hire independent superintendents directly answerable to them. As stated in their letter, this is critical if education councils are to be meaningful and represent their constituents effectively.

The Minister advised committee that the two superintendents who are currently members of the public service will not lose any benefits as a result of the change and will likely be protected through secondment agreements.

During the clause-by-clause review of the bill, a motion to amend the bill was made at the request of the Minister. The amendments extend liability protection to superintendents, provided they act in good faith. This clause is identical to other sections of the act which protects members of district education councils and authorities, as well as other staff who are not members of the public service.

This concludes the committee’s opening comments on Bill 12. Individual members may have additional questions or comments as we proceed. Following the committee’s review, a motion was carried to report Bill 12, An Act to Amend the Education Act, as amended, to the Assembly as ready for Committee of the Whole. Thank you, Mr. Chairman.

Thank you, Mr. Deputy Chair. Now at this time would the Minister like to bring in witnesses?

Yes, please, Mr. Chairman.

What is the wish of the committee?

Agreed.

Would the Sergeant-at-Arms please escort the witness in, please?

Thank you. Thank you, Mr. Dent. Can you introduce your staff, please?

Thank you, Mr. Chairman. On my right I have Mr. Mark Cleveland, deputy minister of the Department of Education, Culture and Employment. On my left is Rebecca Veinott, who is legislative counsel, Department of Justice.

Thank you very much. What is the wish of the committee? General comments. Clause by clause. Bill 12, an Act to Amend the Education Act, clause 1.

Agreed.

Clause 2.

Agreed.

Clause 3.

Agreed.

Page 2, clause 4.

Agreed.

Clause 5.

Agreed.

The bill as a whole.

Agreed.

Does the committee agree that Bill 12, as amended, is ready for third reading?

Agreed.

Bill 12, as amended, is now ready for third reading. What is the wish of committee now? Mr. Menicoche.

Mr. Chairman, I move that we report progress.

Thank you. Thank you, Mr. Dent and staff, for coming in. Thank you very much. There is a motion on the floor. The motion is in order. It is not debatable. All those in favour? All those opposed? The motion is carried.

---Carried

I will now rise and report progress.

Thank you, Mr. Speaker. Your committee has been considering Bill 7, An Act to Amend the Legal Profession Act; Bill 8, Miscellaneous Statutes Amendment Act, 2004; and, Bill 12, An Act to Amend the Education Act, and would like to report that Bill 7, Bill 8 and Bill 12, as amended, are ready for third reading. Mr. Speaker, I move that the report of Committee of the Whole be concurred with. Thank you.

---Applause

Thank you, Mr. Pokiak. Do we have a seconder? The honourable Member for North Slave, Mr. Zoe. The motion is in order.

Question.

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Mr. Speaker, I move, seconded by the honourable Member for Mackenzie Delta, that Bill 9, Write-off of Assets and Debts Act, 2004-2005, be read for the third time. Thank you.

Thank you, Mr. Roland. A motion is on the floor. The motion is in order. To the motion.

Question.

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Mr. Speaker, there will be a meeting of the Accountability and Oversight committee today at adjournment of the House and again at 9:00 a.m. tomorrow. There will be a meeting of Caucus tomorrow at 10:30 a.m.

Orders of the day for Tuesday, October 19th, at 1:30 p.m.:

Prayer

Ministers' Statements

Members' Statements

Returns to Oral Questions

Recognition of Visitors in the Gallery

Oral Questions

Written Questions

Returns to Written Questions

Replies to Opening Address

Petitions

Reports of Standing and Special Committees

Reports of Committees on the Review of Bills

Tabling of Documents

Notices of Motion

Notices of Motion for First Reading of Bills

Motions

First Reading of Bills

- Bill 13, Supplementary Appropriation Act, No. 2,

2004-2005

- Bill 14, Supplementary Appropriation Act, No. 4,

2003-2004

Second Reading of Bills

Consideration in Committee of the Whole of Bills and Other Matters

- Committee Report 7-15(3), Standing Committee on

Accountability and Oversight Report on the Review

of the Information and Privacy Commissioner's

Annual Report, 2002-2003

- Minister's Statement 48-15(3), Sessional Statement

- Minister's Statement 49-15(3), Fiscal Update

- Bill 10, Forgiveness of Debts Act, 2004-2005

Report of Committee of the Whole

Third Reading of Bills

- Bill 7, An Act to Amend the Legal Profession Act

- Bill 8, Miscellaneous Statutes Amendment Act,

2004

- Bill 12, An Act to Amend the Education Act

Orders of the Day

Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Tuesday, October 19, 2004, at 1:30 p.m.

---ADJOURNMENT

The House adjourned at 4:25 p.m.