Item 20, consideration in Committee of the Whole of bills and other matters, Bill 1 and Bill 13, with Mr. Krutko in the chair.
I’d like to call Committee of the Whole to order. Consideration in Committee of the Whole of Bill 10 and Bill 13. What’s the wish of the committee? Mrs. Groenewegen.
Thank you, Mr. Chairman. The committee would like to deal with Bill 10, An Act to Amend the Pharmacy Act, and Bill 13, An Act to Amend the Legal Profession Act, today in Committee of the Whole.
Is the committee agreed?
Agreed.
With that, we’ll take a short break.
The Committee of the Whole took a short recess.
I’d like to call the Committee of the Whole back to order. Prior to the break we agreed to deal with Bill 10 and then Bill 13.
At this time I’d like to ask the Minister responsible for the bill if she’d like to make any opening comments. Ms. Lee, Minister of Health and Social Services.
Thank you, Mr. Chairman. Yes, I would like to.
Mr. Chairman, I am pleased to be here to present Bill 10, An Act to Amend the Pharmacy Act. This amendment will give pharmacists limited prescribing authority to enable them to issue a continued care prescription for a limited supply of certain drugs under specific circumstances. By doing so, the pharmacist is able to provide a one-time extended refill of the medication patients need to continue to treat their chronic condition until a new prescription can be obtained from the medical practitioner.
Mr. Chairman, the previous government passed a new Pharmacy Act designed to ensure the public receives quality pharmaceutical services and care and to modernize the definition of the practice of pharmacy. Shortly after the act was passed, it was determined that the provision in the act that allows pharmacists to supply medication to the patient if there is immediate need and the person cannot see their medical practitioner for a new prescription was inconsistent with federal regulations under the Food and Drug Act.
Many stakeholders have contributed to the development of this bill, including the NWT pharmacists association, the NWT Medical Association and the Registered Nurses Association of the NWT and Nunavut. Thanks to the cooperative efforts of our stakeholders I am now able to bring forth an amendment that will accomplish what was intended in the current act.
Mr. Chairman, this concludes my remarks on Bill 10. I would be pleased to answer any questions you may have. Thank you.
Thank you, Minister Lee. I’d like to call on the standing committee responsible for reviewing the bill if they have any comments. At this time I’ll ask Mr. Abernethy.
Thank you, Mr. Chair. The Standing Committee on Social Programs conducted a public hearing on Bill 10, An Act to Amend the Pharmacy Act, on September 30, 2008.
The amendments contained in this act will correct an oversight in the drafting of the original Pharmacy Act and ensure that our legislation is in compliance with federal regulations covering the prescribing of drugs. Pharmacists will be able to prescribe limited quantities of drugs to patients who have an existing prescription from a health care practitioner and who cannot get in to see their health care practitioner. In these instances the pharmacist is also required to notify the health care practitioner who wrote the original prescription.
These amendments will allow for the continuing care of NWT residents and will lessen the burden on emergency departments at NWT hospitals.
It is important to note the collaborative approach the department took in addressing the oversight and the fact that the NWT Medical Association, the Registered Nurses Association and the NWT Pharmacy Association were all involved in finding a mutually acceptable solution that will ultimately benefit NWT residents.
This concludes the committee’s comments on Bill 10, An Act to Amend the Pharmacy Act. Individual members of the committee may have comments or questions as we proceed. Thank you, Mr. Chair.
Thank you, Mr. Abernethy. At this time I’d like to ask the Minister if she’ll be bringing in any witnesses. Minister Lee.
Yes, I will be. Thank you, Mr. Chairman.
Does the committee agree the Minister brings in her witnesses?
Agreed.
Sergeant-at-Arms, could you escort the witnesses in, please.
For the record, Minister Lee, could you introduce your witnesses, please.
Thank you, Mr. Chairman. To my left is Mr. Gregory Cummings, deputy minister of Health and Social Services, and to my right is Ms. Kelly McLaughlin. She is the legislative counsel with the Department of Justice. Thank you, Mr. Chairman.
Thank you, Minister. Welcome, witnesses. General comments in regard to Bill 10. What is the wish of the committee? Details? Committee agreed?
Agreed.
Bill 10, An Act to Amend the Pharmacy Act.
Going back to page 1, the bill as a whole?
Bill 10 as a whole approved.
Does the committee agree that Bill 10 is now ready for third reading?
Bill 10 is now ready for third reading.
I would like to thank the Minister and witnesses. Sergeant-at-Arms, could you escort the witnesses out.
Moving on to Bill 13, An Act to Amend the Legal Profession Act.
At this time I would like to ask the Minister responsible for the bill to introduce the bill. Minister Lafferty.
Mahsi, Mr. Chair. I am pleased to appear before the committee today to review Bill 13, An Act to Amend the Legal Profession Act.
I would like to start by thanking members of the Standing Committee on Social Programs for their review and comments on the bill. The Law Society of the Northwest Territories is the organization that regulates the legal profession in the Northwest Territories. Its functions include the investigation of complaints against its members and the discipline of its members.
The bill before you today was developed at the request of the Law Society to update the discipline provisions of the Legal Profession Act. The Law Society has been an active participant in developing this bill.
This bill will result in a number of changes to the way the Law Society carries out its mandate. One of the main changes is the addition of a mediation process that could be used for resolving complaints in appropriate circumstances. Effective solutions can often be achieved when parties have the opportunity to be active participants in a process.
The amendments in this bill will also require that the membership of the discipline committee of the Law Society include at least one person who is not a lawyer. It is the role of the discipline committee of the Law Society to receive and coordinate complaints. This bill will also make it a requirement that at least one non-lawyer must be included on a committee of inquiry, the body responsible for hearing the most serious cases involving the conduct of a lawyer.
Another change that will result from this bill is an automatic suspension of the membership of a lawyer who is sentenced to a term of imprisonment. Protection of the public is an important concern of both the Law Society and the government in supporting this change. Other changes in the bill relating to evidence and procedure are designed to assist the discipline process to run smoothly.
The Department of Justice supports efforts of professional associations such as the Law Society of the Northwest Territories to modernize and improve standards, processes and procedures in the best interest of the profession and the public. I believe that this bill promotes that goal.
Mr. Chair, I will be pleased to answer any questions that committee members may have regarding Bill 13. Mahsi.
Thank you, Mr. Minister. I would like to call on the standing committee that reviewed the bill if they wish to make any comments. At this time I will call Mr. Abernethy.
Thank you, Mr. Chair. The Standing Committee on Social Programs had a public hearing on Bill 13, An Act to Amend the Legal Profession Act, on September 11, 2008, and after being forced to adjourn due to a small fire, again on September 12, 2008.
The proposed amendments will bring the regulation of the legal profession in line with the best practices and standards being applied in the rest of Canada. The amendments were developed with active participation by the NWT Law Society and reflect the needs and wishes of the profession while still ensuring that the rights of the clients are protected.
The amendments clarify the disciplinary process for lawyers, provide for a layperson to sit on the discipline committee, allow for mediation of certain complaints, provide reinvestigation of complaints, allow for restrictions to be placed on the practices of lawyers or students at law, allow for the suspension or termination of the right to practise of a lawyer suspended or terminated in another province, and for automatic suspension if the lawyer is serving a prison sentence.
This concludes the committee’s comments on Bill 13, An Act to Amend the Legal Profession Act. Individual members of the committee may have comments or questions as we proceed. Thank you, Mr. Chairman.
Thank you, Mr. Abernethy. At this time I would like to ask the Minister if he will be bringing in any witnesses. Mr. Lafferty.
Yes, Mr. Chairman.
Does the committee agree that the Minister brings in his witnesses?
Agreed.
Sergeant-at-Arms, could you escort the witnesses in.
Mr. Minister, can you introduce your witnesses, please.
Mahsi, Mr. Chair. To my left is Mike Reddy. He is a senior policy analyst with the Department of Justice. To my right is Mark Aitken, director of the legislation division. Mahsi.
Thank you, Mr. Minister. Welcome, witnesses. General comments in regard to Bill 13. Does the committee agreed to detail?
Agreed.
Move on to page 1, An Act to Amend the Legal Profession Act, clause 1. Agreed?
Clauses 1 through 23 inclusive approved.
Move back to the preamble. The bill as a whole?
Does the committee agree that Bill 13 is ready for third reading?
Bill 13, An Act to Amend the Legal Profession Act, approved for third reading.
Thank you, colleagues. I would like to thank the Minister and his witnesses. Sergeant-at-Arms, could you escort the witnesses out, please.
At this time I would like to ask what the wish of the committee is. Mrs. Groenewegen.
Thank you, Mr. Chairman. I move that we report progress.
Can I have the report of the Committee of the Whole, please. Mr. Krutko.
Mr. Speaker, the committee has been considering Bill 10, An Act to Amend the Pharmacy Act, and Bill 13, An Act to Amend the Legal Profession Act, and would like to report progress in that Bills 10 and 13 are ready for third reading.
Mr. Speaker, I move that the report of the Committee of the Whole be concurred with.
Thank you, Mr. Krutko. A motion is on the floor. A seconder for the motion? The honourable Member for Great Slave, Mr. Abernethy.
Motion carried.
Mr. Speaker, I move, seconded by the honourable Member for Range Lake, that Bill 20, Supplementary Appropriation Act, No. 2, 2008–2009, be read for the third time.
