MLAs pause review of nurses’ bargaining bill

A committee of MLAs has paused its review of a bill that would allow NWT nurses to form their own bargaining unit.

Bill 26 proposes amending the NWT Public Service Act to allow nurses to apply for an NWT Supreme Court order authorizing a separate bargaining unit following a vote.

Yellowknife North MLA Shauna Morgan introduced the private member’s bill in May in an effort to support nurses’ right to choose who represents them in bargaining.

Supporters of the bill have said its proposed changes would empower nurses to advocate for their unique needs at a time when attracting and retaining healthcare workers is critical.

Under the current act, the Union of Northern Workers represents nurses and most other unionized NWT government employees in bargaining.

A committee of six regular MLAs has been reviewing Bill 26 since it passed second reading in late May.

In public briefings held by the committee, several healthcare workers expressed support for the proposed legislation while unions opposed the bill.

The unions advocated instead for “a collaborative approach” with the NWT government to amend the Public Service Act through a government-led bill.

Committee favours government-led bill

In a report released last week, the committee said it is pausing its review of Bill 26 in favour of letting the territorial government lead modernization of the Public Service Act.

The report describes Bill 26 as “contentious” and “not perfect.” It calls on the NWT government to complete the engagement and work necessary to update the Public Service Act to allow for the creation of a labour relations board to certify new bargaining agents.

“This approach would address the operational concerns that some nurses are seeking and would ensure freedom of association consistent with the Canadian Charter of Rights and Freedoms,” the report states.

“Committee believes this work is crucial given the concerns raised by nurses and residents through the review of Bill 26 and the fact that the NWT is one of the last jurisdictions in Canada without a labour relations board, putting our residents at a disadvantage.”

Cabinet has committed to introducing a draft bill proposing amendments to the Public Service Act by the fall of 2026.

The committee’s report states that MLAs may resume their review of Bill 26 if the NWT government fails to meet its promise to introduce a legislative proposal by the May 2026 sitting of the Legislative Assembly, and a bill to amend the Public Service Act by the October 2026 session.

Morgan ‘pleased’ with decision

Morgan told Cabin Radio she is “pleased that the bill is still alive.”

“I’m happy that the concerns that led to this bill are being validated,” she said, adding she is glad that submissions to the committee on the bill are now public. (The submissions are attached to the committee’s report.)

Morgan said as the sponsor of Bill 26, she does not plan to bring it forward for a debate and vote at this point.

“I agree with the committee that a positive outcome for everyone is for the government to prioritize work this winter on changes to section 41 of the Public Service Act and likely the establishment of a labour relations board so that legislation could be brought forward in 2026,” she said.

Section 41 of the act relates to bargaining units representing the public service.

Dissenting opinion

One MLA on the committee, Yellowknife Centre’s Robert Hawkins, disagreed with the committee’s decision to pause its review of Bill 26.

In a dissenting opinion published in the report, Hawkins argued the committee should instead report Bill 26 as “not ready and not in good form.”

Hawkins said the bill would separate nurses from other healthcare workers and did not address nursing challenges, among other issues.

In the Legislative Assembly on October 17, Hawkins raised a point of order arguing the committee had broken legislature rules by not conducting a clause-by-clause review of Bill 26 and not reporting back to the legislature about the bill on October 16.

Frame Lake MLA Julian Morse, who chairs the committee, pointed out that committees do not always report back on bills, citing previous examples.

In a rare instance, Morse then raised a point of order on Hawkins’ point of order after Hawkins discussed the lack of unanimity among committee members regarding Bill 26.

At that point, the committee had not yet released its report on the review of Bill 26 and Morse said Hawkins’ comments inappropriately referenced an internal process.

Hawkins withdrew his remarks regarding unanimity but maintained his stance on Bill 26.

Morse presented the committee’s report in the legislature on October 20, which Speaker Shane Thompson said made Hawkins’ earlier point of order moot.