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January 28, 2003
Standing Committees
Human Resources
Meeting topics: 

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HALIFAX, TUESDAY, JANUARY 28, 2003

STANDING COMMITTEE ON HUMAN RESOURCES

9:00 A.M.

CHAIRMAN

Mr. Jon Carey

MR. CHAIRMAN: Good morning, I believe we can get underway. Mr. Epstein, do you have another person coming?

MR. HOWARD EPSTEIN: No, I'm substituting for Graham Steele today, who is on vacation, and Maureen MacDonald is still in Toronto following our Party's national convention. I will be the only NDP caucus member here today.

MR. CHAIRMAN: For the record, perhaps we could go around, for identification, for Hansard.

[The committee members introduced themselves.]

MR. CHAIRMAN: We do have some appointments to do this morning, but prior to doing that, there's been a letter circulated. In your booklet for appointments, my understanding was that there was a letter from Ron L'Esperance that explained the extension of two members to the Labour Standards Board. I think the explanation in the letter is relatively clear. If you have questions on it, we can try to deal with them prior to the appointments. My understanding is that these people have reached the time their term expires, and they are involved in hearings. It is appropriate - and it has been done by the last three governments, I understand - in this situation, to continue on and have them complete the process, for efficiency and, of course, for continuity.

If you want a moment to read the letters, we can take that and any comments, and then move forward. Does anyone require any additional time?

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DR. JAMES SMITH: Mr. Chairman, I have been informed by my learned colleague on my right, who serves somewhat as a legal counsel on occasion, that there has been a Supreme Court ruling on this matter, and therefore we would support those appointments in that manner.

MR. CHAIRMAN: Thank you. I wasn't aware of that, of Mr. MacKinnon's credentials.

MR. BROOKE TAYLOR: Will you entertain a motion?

MR. CHAIRMAN: If there is no discussion on this, we could move on to appointments, if that is to the agreement of everyone. Do we want to do these en bloc or individually?

MR. EPSTEIN: Department by department.

MR. CHAIRMAN: Just department by department, okay.

MR. TAYLOR: Mr. Chairman, for the Department of Environment and Labour, Labour Standards Tribunal, I so move Susan Ashley and E.A. Nelson Blackburn, Q.C. as chairmen/members, and Donna Cameron as an alternate member.

MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

MR. JOHN CHATAWAY: Mr. Chairman, for the Department of Agriculture and Fisheries, Farm Practices Board, I so move Robert Wilson as a member at large.

MR. CHAIRMAN: Is there any discussion? Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

MS. MARY ANN MCGRATH: Mr. Chairman, for the Department of Education, University College of Cape Breton Foundation, I so move C. Brent Austin and Martin Chernin as members.

MR. CHAIRMAN: Is there any discussion? Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

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MR. RONALD CHISHOLM: Mr. Chairman, for the Department of Environment and Labour, Labour Standards Tribunal, I so move Sharon R. Richard as a member, and Arthur F. Miller, Q.C. and Byron C. Tanner as alternate members.

MR. CHAIRMAN: Is there any discussion? Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

MR. TAYLOR: Mr. Chairman, for the Department of Finance, Gaming Corporation of Nova Scotia, I so move Charles F. Cox, John Khattar and Stephen Mont as members.

MR. CHAIRMAN: Is there any discussion? Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

MR. CHATAWAY: Mr. Chairman, for the Department of Natural Resources, Primary Forest Products Marketing Board of Nova Scotia, I so move Loman Ayer as a permanent member at large, John W. Roblee as an alternate member and Russ Waycott as a permanent member.

MR. CHAIRMAN: Is there any discussion? Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

MS. MCGRATH: Mr. Chairman, for the Department of Natural Resources, Species at Risk Working Group, I so move Dr. Tom Herman, Ruth E. Newell and Fred W. Scott as members.

MR. CHAIRMAN: Is there any discussion? Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

MR. RONALD CHISHOLM: Mr. Chairman, for the Department of Service Nova Scotia and Municipal Relations, Certified General Accountants Association of Nova Scotia, I so move Dawn C. Russell as a board member.

MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.

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The motion is carried.

MR. TAYLOR: Mr. Chairman, this board is just dying for membership, Board of Registration of Embalmers and Funeral Directors. I so move H. David Brown and Mark W. Stevens as board members.

MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

That concludes our appointments. One note, I believe you may or may not have received a handout but these are the last appointments under the former process. The new process is now in place and Mr. Kaiser has been briefed and to the best of our knowledge, is happy with the information he has been given. There will be a press release, I understand, coming out very soon regarding the process. Further business?

DR. SMITH: Mr. Chairman, did you say that has been circulated?

MR. CHAIRMAN: I'm not sure, it was just noted that that information is available.

DR. SMITH: I wonder if we will be having some information before the press release?

MR. CHAIRMAN: I was not informed but I can check on that for you.

DR. SMITH: Okay, it would be nice if we could.

MR. TAYLOR: That's relative to that citizen's committee or whatever? The whole process.

MR. CHAIRMAN: Well it's the Kaiser report and the process. We had a year, I understand, it's a certain date in January and that has been dealt with.

MR. RUSSELL MACKINNON: Mr. Chairman, on a slightly different matter that I think we touched on before, with regard to appointments to the Labour Standards Tribunal. I know my colleague has spoken on it but for notice to all members of the committee - and Mr. Ferguson is here and he can correct me if I'm wrong - there was an issue we came up against when I was Minister of Labour and that was that appointments made without any specified term were deemed, according to the Supreme Court of Canada, to be life terms. Am I correct on that?

MR. NEIL FERGUSON: I'm not aware of that case.

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MR. MACKINNON: I believe that's the rationale for designating specified terms. The government found itself in a lot of difficulty with people who have retired and moved to other jurisdictions and so on but still wanted their names within the process. That was the rationale for moving to specified terms, so all members would be aware of that, it was based on a Supreme Court legal decision.

MR. CHAIRMAN: Any further business? Is there a motion to adjourn?

MR. TAYLOR: So moved.

MR. CHAIRMAN: We are adjourned.

[The committee adjourned at 9:13 a.m.]