Debates of October 21, 2005 (day 15)

Mr. Speaker, I would like to welcome Mr. Dent back to the Assembly, after doing battle with his colleagues on the federal front. I would like to ask him questions in his capacity as the Minister responsible for the Workers’ Compensation Board. In my statement earlier today, I explained the dilemma that injured workers find themselves in, because the WCB has not accepted that it should include EI remunerations in the calculation of an injured worker’s pension. Mr. Speaker, why has the WCB refused to accept multiple rulings from the independent appeals tribunal process, to include employment insurance in pensionable earnings calculations? Thank you.

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

Return To Question 217-15(4): Employment Insurance As Income

Thank you, Mr. Speaker. I have to be careful with this one, because the Member is likely aware that the decision of the governance council is currently under appeal before the courts on this issue. So I am not sure that I can answer that question at this point in time. Thank you, Mr. Speaker.

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

Supplementary To Question 217-15(4): Employment Insurance As Income

Thank you, Mr. Speaker. I appreciate the Minister’s caution on this. I have looked into the same point in raising these questions, and the information I have is the process has actually been concluded and is something that can be looked at in this House. So I would like to continue with my questions on this point.

Mr. Speaker, some of these appeals tribunal processes are now four years old. Workers continue to be stymied by this. While the WCB Act is not specific in allowing employment insurance earnings, and it gives the board, or the tribunal, the discretion to rule on these kinds of things, it certainly seems mean spirited and punitive to backdate its policy on this some 28 years. Why did the board take such a heavy-handed action in backdating this policy for this period of time? Thank you, Mr. Speaker.

Thank you, Mr. Braden. Mr. Dent.

Thank you, Mr. Speaker. Again, I apologize to the Member if a decision has been issued in this case in the last 24 hours, but my information is there is an appeal before the courts in Nunavut on this very issue that has been filed just in the last couple of weeks that has not yet been heard. So I am in a position where, under the rules of sub judice, I don’t believe I am able to answer his question.

Thank you, Mr. Dent. The Chair will not rule the question out of order, but the Minister can refuse to answer the question or take the question as notice. Mr. Dent.

Further Return To Question 217-15(4): Employment Insurance As Income

Mr. Speaker, I will take the question as notice. Thank you.