Debates of October 25, 2006 (day 15)

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Weledeh, that Bill 20, An Act to Amend the Income Tax Act, be read for the first time. Thank you, Mr. Speaker.

Thank you, Mr. Roland. Motion is on the floor. Motion is in order. All those in favour? All those opposed? Motion is carried.

---Carried

I'm going to call Committee of the Whole to order. What's the wish of the committee with the number of matters we have before us today? Mr. Lafferty.

Mahsi, Madam Chair. Madam Chair, Members wish to consider Bill 6, Engineering and Geoscience Professions Act. Mahsi.

Thank you, Mr. Lafferty. Is the committee agreed?

Agreed.

Agreed. Then we will resume in a few minutes.

---SHORT RECESS

Thank you, committee. I would like to call Committee of the Whole to order. We are dealing with Bill 6, Engineering and Geoscience Professions Act. I would like to begin by asking the Minister responsible, Mr. Bell, if he would like to introduce the bill.

Thank you, Mr. Chairman. I know it’s a little out of the ordinary, but I would also like to say hello to my daughter Emily who is at home watching, I understand. Daddy won’t be home for supper.

---Laughter

I’m sorry. I love you and be nice to your sister.

---Laughter

Mr. Chairman, I am pleased to have an opportunity to speak to Bill 6, which proposes to enact the new Engineering and Geosciences Professions Act. The new act will provide for the continuation of the present Association of Professional Engineers, Geologists and Geophysicists of the Northwest Territories.

As the new Northwest Territories Association of Professional Engineers and Geoscientists, the association is and will continue to be responsible for the regulation of these disciplines in the Northwest Territories and also in Nunavut. The impetus of the bill has come from the association itself, which has noted deficiencies in the existing legislation and has tracked legislative developments related to the regulation of engineers and geoscientists elsewhere in Canada. In the development of the bill, the Department of Justice and the association considered many models for regulation including recent professional regulatory statutes enacted in the Northwest Territories. The resulting bill provides an effective, usable and up-to-date legislative framework for the self-regulation of the engineering and geoscience professions. It serves the needs of engineers and geosciences and also protects the public.

Mr. Chairman, I would like to take the time to note the presence in the gallery of Linda Golding and Lloyd Henderson from the association who were instrumental in helping us develop this legislation.

---Applause

Some of the key provisions of the bill include setting out the powers of the association to manage its affairs including: the powers to hold property; borrow money; make bylaws and elect its governing council; registering members, licensees, members in training and permit holders; setting our rules respecting various aspects of professional practice, including, Mr. Chairman, the use of the titles engineer and geoscience, the use of stamps, the payment of fees set by the association; conducting disciplinary proceedings including the resolution of some disputes by mediation; authorizing the association to accept responsibility for the exercise of powers and functions for the regulations of the professions in Nunavut and providing for certain transitional issues including preserving registrations given and proceedings taken under the former act.

While this bill may be enacted by the Legislature, it may not be brought into force until associated legislation has been enacted by Nunavut. Both the association and our Department of Justice are working with the Government of Nunavut to this end. We expect that Nunavut will introduce its companion legislation in early 2007.

I would again like to acknowledge the efforts of the association in general, and its legislation committee in particular. They have been, as I mentioned, very thorough and collaborative in the development of this legislation. I would also like to thank the Standing Committee on Social Programs for its considered review of the bill. During the course of its hearings, the standing committee recommended an amendment that would extend the limitation period for bringing a prosecution under the act where the evidence necessary to support a charge is not discovered until after the fixed two-year limitation period. Both the association and the Department of Justice support the amendment and, I believe Ms. Lee will bring it forward at the appropriate time.

We would be pleased to consider or any questions committee may have. Thank you, Mr. Chairman.

Thank you, Minister Bell. I would like to welcome Ms. Golding and Mr. Henderson to our proceedings here this afternoon. Welcome. I will now go to the chair of the Standing Committee on Social Programs for committee comments. Ms. Lee.

Thank you, Mr. Chairman. I would also like to welcome and thank Ms. Golding and Mr. Henderson for being with us and waiting patiently for this momentous event for them.

Mr. Chair, the Standing Committee on Social Programs conducted its public review of Bill 6, Engineering and Geoscience Professions Act, on September 5, 2006, and October 16, 2006. The committee would like to thank the members of the Northwest Territories Association of Professional Engineers, Geologists and Geophysicists for appearing before the committee to speak in support of this long-awaited modernization of the act. The act will increase the prerequisite for membership from two years of practical experience to four years. The association representatives were able to clarify that they had been operating under these criteria for a number of years and they were consistent with national accreditation standards. The intent of these criteria is to ensure full members have sufficient experience to work independently. This does not prevent training the individuals without sufficient practical experience from working, but their work has to be supervised and reviewed by a full member.

One of the main features of this bill is the updated set of disciplinary provisions for resolving complaints of unprofessional conduct against members. The association advised the committee that, on average, it receives one to two complaints per year. It is hoped that the new alternate dispute resolution option will allow for complaints to be resolved in a more timely fashion.

Some committee members have heard complaints from constituents, that engineers and geoscience professionals sometimes undertake work in an area without making nearby communities aware of what they are doing. This is a concern, especially in settled land claim areas, and will only become more of an issue when mineral and hydrocarbon exploration continues to accelerate. In the interest of better relations between their membership and communities, the committee suggests that the association consider taking some leadership on this issue; for example, the association may wish to initiate discussions with community and aboriginal governments on communications, best practices and/or develop information for new and non-resident members about the North’s unique cultural environment and governance structures.

Three amendments were made to the bill during the clause-by-clause review. One amendment clarified that candidates for membership in the association can use work experience they obtain before graduation toward their requirements. The other two amendments were of a minor and technical nature.

The committee understands the Minister will be bringing forward a further motion today in response to a concern committee raised with the two-year limitation period placed on prosecution under the act. I believe I will correct that, I believe the motion will be made on this side of the House. Mr. Chair, this amendment will allow a prosecution to proceed after the two-year period has passed if evidence of an offence does not come to light until later.

Following the committee’s review, a motion was carried to report Bill 6, Engineering and Geoscience Professions Act, as amended and reprinted, to the Assembly as ready for Committee of the Whole.

This concludes committee’s opening comments on Bill 6 and individual members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.

Thank you, Ms. Lee. I would now like to ask the Minister responsible for Bill 6, the Honourable Brendan Bell, Minister of Justice, if he would like to bring in witnesses.

I would, Mr. Chairman, thank you.

Thank you, Mr. Minister. I will now ask the Sergeant-at-Arms to escort the witnesses in. Thank you.

Mr. Minister, would you please introduce your witnesses, for the record.

Thank you, Mr. Chairman. Mr. Chairman, with me today is Mark Aitken, our director of legislation, Department of Justice. Thank you.

Thank you, Minister Bell. Welcome, Mr. Aitken. We will now go to general comments on Bill 6. Mr. Braden.

Thank you, Mr. Chairman. Very briefly, I speak in support of the bill. One of the important functions that every Legislature has is to enable professional organizations such as here, geologists and engineers, to set up organizations by which they can govern themselves and hold themselves accountable. We do this in many areas, Mr. Chair, nurses, lawyers, many professions. So this is just the kind of good housekeeping that a Legislature should do and I compliment the people engaged in this profession here in the North. I commend this bill to our colleagues in the Nunavut Legislature and hope that they can give it their earliest attention, so it can be brought into force, Mr. Chairman. Thank you.

Thank you, Mr. Braden. Ms. Lee.

Thank you, Mr. Chairman. As a Member of the Legislature, just a very brief comment to express my appreciation as a member of the Standing Committee on Social Programs for the involvement and participation of NAPEGG, the association that has been behind this legislation and for which this legislation is about. I think it should be noted, in one of our public hearings we had an entire set of past presidents of the association, about six or seven of them. I don’t want to name all of them, but I think that was a real show of interest and showed the history and the effort that went into the association to make this legislation passable. We are all aware of the efforts in an association like this, especially all the volunteer work that has to go on for these professionals, engineers, geologists, and for those people who really work towards and spend a lot of their private time and personal time to put this legislation into place and make it possible. Of course, it’s the government that does that but without their effort, I am sure it would not be possible. The legislation seeks to modernize a body and the work and give them more powers to do what any organization or any professional licensing body and the organization that oversees the profession would want to do.

So I just want to make a brief comment to acknowledge that and to also thank the Minister for pushing this through. Thank you, Mr. Chairman.

Thank you, Ms. Lee. Any further general comments on Bill 6?

Clause by clause.

Bill 6, Engineering and Geoscience Professions Act. We’ll start, committee, on page 7, interpretation, clause 1.

Agreed.

Page 9, part I, Northwest Territories Association of Professional Engineers and Geoscientists, clause 2.

Agreed.

Clause 3.

Agreed.

Clause 4.

Agreed.

Clause 5.

Agreed.

Over to page 11, clause 6.

Agreed.

Clause 7.

Agreed.

Clause 8.

Agreed.

Page 12, clause 9.

Agreed.

Clause 10.

Agreed.

Part II, practice, clause 11.

Agreed.

Page 14, Part III, registrant and permit holders, clause 12.

Agreed.

Clause 13.

Agreed.

Clause 14.

Agreed.