The Member is requesting a recorded vote. To the amended motion. All those in favour, please stand.
Mr. Ramsay, Mrs. Groenewegen, Mr. Robert McLeod, Mr. Jacobson, Mr. Beaulieu, Ms. Bisaro, Mr. Lafferty, Ms. Lee, Mr. Miltenberger, Mr. Roland, Mr. M. McLeod, Mr. Yakeleya, Mr. B. McLeod, Mr. Krutko, Mr. Bromley, Mr. Abernethy, Mr. Menicoche.
To the UN motion. All those opposed, please stand. All those abstaining, please stand.
The UN motion results. All those in favour, 17. Opposed, zero. Abstaining, zero.
Motion as amended carried unanimously.
Mr. Speaker, I seek unanimous consent to return to item 15, notices of motion.
Unanimous consent granted.
Motion 7-16(2)
Extended adjournment of
I give notice that on Thursday, February 21, 2008, I will move the following motion. I move, seconded by the Hon. Member for Thebacha, that, notwithstanding rule 4, when this House adjourns on February 21, 2008, it shall be adjourned until Thursday, May 22, 2008. And further, that any time prior to May 22, 2008, if the Speaker is satisfied after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice, and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time.
Mahsi, Mr. Speaker. I move, seconded by the Hon. Member for Thebacha, that Bill 4, Miscellaneous Statutes Amendment Act, 2008, be read for a second time.
Mr. Speaker, this bill corrects inconsistencies and errors in the statutes of the Northwest Territories. The bill deals with other matters of minor, non-controversial and uncomplicated nature in the statutes and repeals enactments and provisions that have ceased to have effect. Mahsi, Mr. Speaker.
Bill 4 has had second reading and is referred to committee.
Motion carried; Bill 4 read a second time and referred to a standing committee.
Mahsi, Mr. Speaker. I move, seconded by the Hon. Member from Yellowknife South, that Bill 5, An Act to Amend the Maintenance Orders Enforcement Act, be read for a second time.
Mr. Speaker, this bill amends the Maintenance Orders Enforcement Act to provide additional enforcement measures that may be taken by a Maintenance Enforcement Administrator for the purpose of enforcing a maintenance order so that it is filed with the Maintenance Enforcement Office.
The new enforcement measures:
expand the types of information that the administrator may, for the purposes of enforcing a maintenance order, require a person or body to disclose regarding a debtor;
allow the administrator to advertise for information regarding the whereabouts, assets, employment and financial circumstances of a debtor whose arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations;
allow the administrator to direct a credit reporting agency to include information about a debtor in its reports to third parties, if the debtor’s arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations;
allow the administrator to disclose to government departments and public agencies any information about a debtor that could be disclosed to a credit reporting agency;
allow the administrator to require a financial statement from a debtor who is in arrears;
allow the administrator to request that a debtor who is in arrears attend a payment conference to arrange payment of the arrears;
provide for garnishment of money in bank accounts of a debtor;
provide for attachment of deferred profit sharing plans, registered retirement income funds, and registered retirement savings plans of a debtor;
provide that a maintenance order may be registered in the Land Titles Registry against the real property of a debtor, and that the registered interest may be enforced by sale of the real property in the same manner as in the case of a mortgage;
empower the administrator to direct the Registrar of Motor Vehicles to suspend or impose conditions on the driver’s licence of a debtor, or to refuse to issue a driver’s licence to a debtor, if the debtor’s arrears under a maintenance order have accrued beyond the amount or time period prescribed in the regulations;
provide that a corporation in respect of which a debtor is the sole shareholder or director and holds the sole beneficial interest, is jointly and severally liable for arrears of the debtor that exceed $500 at any time after a notice to that effect is served on the corporation by the administrator;
allow the administrator to apply to the court for an order for joint and several liability of a corporation that is under the control of a debtor, or under the control of a debtor and one or more others who are in a non-arm’s-length relationship with a debtor, if the arrears of that debtor exceed $500 at any time after a notice to that effect is served on the corporation by the administrator;
allow a court to order an individual is jointly and severally liable for maintenance payments and any arrears, to the extent of the value of any assets or benefit that a debtor has conferred on the individual for the purpose of evading an obligation to pay maintenance, if the individual knew or ought to have known the purpose;
allow a court to set aside a gift or transfer of assets made with an intention to evade an obligation to pay maintenance by a debtor to a recipient in a non-arm’s-length relationship with the debtor.
The administrator is allowed to withdraw a maintenance order from the enforcement program if the order is for the maintenance of a child whom the administrator considers is no longer living with or dependent on the creditor. A creditor may also apply to the administrator to have a maintenance order withdrawn.
The bill replaces the fixed minimum exemption for wages by providing that 50 per cent of wages after deductions, or an amount prescribed in the regulations, whichever is greater, is exempt from attachment.
The bill authorizes regulations to be made respecting:
the contents of financial statements;
the service of documents and giving of notices;
the charging and collection of interest on arrears of maintenance, and prescribing the rate at which the interest accrues;
costs recoverable by the administrator under notice of attachment or a garnishee summons;
fees recoverable by the administrator in respect of dishonoured cheques.
The bill creates offences and sets out penalties for contravening or failing to comply with certain provisions, and it includes consequential amendments to the Motor Vehicles Act. Mahsi, Mr. Speaker.
Bill 5 has had second reading and is referred to committee.
Motion carried; Bill 5 read a second time and referred to a standing committee.
I move, seconded by the Hon. Member for Sahtu, that Bill 6, An Act to Amend the Residential Tenancies Act, be read for the second time.
Mr. Speaker, this bill includes a number of amendments to update the Residential Tenancies Act and to streamline the application and hearing process, including amendments that would:
allow a landlord to require a pet security deposit from a tenant who keeps or plans to keep a pet on a rental premises;
require landlords to conduct inspection of rental premises at the beginning and end of tenancy and provide opportunities for tenants to participate;
allow interest rates on security deposits and pet security deposits to be set in the regulations;
limit the rental officer’s discretion to terminate a fixed-term tenancy before the end of the term in circumstances where the tenant has not breached obligations under the agreement;
provide the rental officer with the discretion to determine whether to mediate or proceed directly to a hearing when an application is received;
empower the rental officer to issue eviction orders;
allow the rental officer to conduct hearings by a method of telecommunication;
require the rental officer to make an annual report to the Minister, and require it to be tabled in the Legislative Assembly.
Mahsi, Mr. Speaker.
Bill 6 has had second reading and is referred to committee.
Motion carried; Bill 6 read a second time and referred to a standing committee.
Mr. Speaker, I move, seconded by the Hon. Member for Range Lake, that Bill 7, Securities Act, be read for the second time.
Mr. Speaker, this bill modernizes our framework for regulating trading in securities in the Northwest Territories and enables full implementation of the “passport system” for the regulation of the securities industry in Canada. Established by an inter-provincial/territorial agreement, the passport system has been designed to give market participants access to capital markets across Canada based on consistent laws and the decision of the securities regulator in the participant’s home jurisdiction.
The bill provides for the appointment of a superintendent responsible for the administration of the act and sets out the powers and functions of the superintendent and his or her authority to delegate those powers and functions, including the authority to delegate powers and functions to another Canadian securities regulator and to accept a delegation of powers and functions from another Canadian securities regulator.
The bill sets out procedures and rules which must be followed by every market participant and every person trading in securities, including the prospectus filing; take-over bid and continuous disclosure requirements of issuers; the registration requirements of dealers and advisers; and insider trading reporting requirements. The bill contains offences for contravening these requirements as well as engaging in various misleading, fraudulent or unfair practices.
The bill gives the superintendent the authority to investigate suspected wrongdoing, and provides improved powers to protect the investing public: in particular, the power to review the activities of market participants, to hold hearings, and to make various orders to protect the public interest, including orders that a person or company that has contravened the act must cease trading in securities, limit their activities as a market participant and pay an administrative penalty.
The bill gives investors a range of civil remedies by which they can seek compensation. These remedies include the right to withdraw from a purchase of securities, and the right to bring an action for damages or rescission for misrepresentation or other wrongdoing that results in a loss to the investor. Civil remedies would also be expanded to cover trading on secondary markets.
The bill authorizes the making of both regulations and detailed rules relating to the regulation of securities markets, sets out consequential amendments to the Business Corporations Act, and provides transitional rules that apply to transactions that commence under the existing Securities Act but continue under the new act.
Mahsi, Mr. Speaker.
Thank you, Mr. Lafferty. Motion to the principle of the bill.
Bill 7 has had second reading and is referred to committee.
Motion carried; Bill 7 read a second time and referred to a standing committee.
Consideration in Committee of the Whole of bills and other matters, Minister’s statements 1-16(2) and 9-16(2), Bill 1 and Bill 3, with Mr. Krutko in the chair.
I would like to call the Committee of the Whole to order. We have four items on the docket: Minister’s Statement 1-16(2), Minister’s Statement 9-16(2), Bill 1, Bill 3. What is the wish of the committee? Mrs. Groenewegen.
Mr. Chairman, the committee today would like to consider Bill 3 and then continue with Bill 1, in that order. Thank you.
Does the committee agree?
Agreed.
We will take a short break, and continue with Bill 3.
The Committee took a short recess.
I’ll call Committee of the Whole back to order. Prior to our break we decided to start with Bill 3, An Act to Amend the Employment Standards Act.
At this time I’d like to ask the Minister responsible if he has any opening comments.
Mahsi, Mr. Chairman. I’m pleased to introduce Bill 3, An Act to Amend the Employment Standards Act. The purpose of this legislation is to substitute the definition of the term “week” that is contained in section 1 of the Employment Standards Act.
The Employment Standards Act will come into effect on April 1, 2008, and will replace the Labour Standards Act, which currently regulates employers and employees in the Northwest Territories.
Section 1 of the Employment Standards Act defines “week” as the period between midnight on the Saturday and midnight on the following Saturday. The Department of Education, Culture and Employment has determined that this definition complicates administration and compliance with the act.
The bill repeals the existing definition of “week” and restores the definition currently used in the Labour Standards Act. The proposed definition for “week” is “a period of seven consecutive days.” This amendment will simplify administration and compliance with the act without impacting employee rights or employer obligations.
We trust that members of the committee will agree that this amendment is necessary and appropriate. We will be pleased to answer any questions the members of the committee may have. Mahsi, Mr. Chair.
Thank you, Mr. Lafferty. At this time I’ll ask the committee responsible for overseeing the bill if they have any comments.
Mr. Chairman, the Standing Committee on Social Programs conducted its public review of Bill 3, An Act to Amend the Employment Standards Act, on February 18, 2008. The committee would like to thank the Minister and his officials for appearing before the committee.
This amendment to the Employment Standards Act will return the definition of “week” to seven consecutive days, as is contained in the current Labour Standards Act. The Employment Standards Act as passed by the last Assembly will come into force on April 1, 2008, and defines a work week as running from Saturday to Saturday midnight. It was determined that this would result in a loss of flexibility for some employers and may result in some employees losing money because of the way the new definition of a work week would impact on making overtime calculations.
Following the committee’s review, a motion was carried to report Bill 3, An Act to Amend the Employment Standards Act, to the Assembly as ready for Committee of the Whole.
This concludes the committee’s opening statements on Bill 3. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chair.
Thank you, Mr. McLeod. At this time I’ll ask the Minister responsible for the bill if he’ll be bringing any witnesses.
Yes, I will, Mr. Chair.
Is the committee agreed that the Minister bring in his witnesses?
Agreed.
For the record, Mr. Minister, could you introduce your witnesses, please.
Mahsi, Mr. Chairman. I have Blair Barbour, Administrative Policy Advisor, Department of Education, Culture and Employment; and Lana Birch, Legislative Counsel, Department of Justice.
Welcome, witnesses.
General comments in regard to the bill? Is the committee agreed with the detail?
Agreed.
Could you switch to tab 3 of the bill, Bill 3, An Act to Amend the Employment Standards Act.
Clauses 1 and 2 approved.
On the bill as a whole.
The bill as a whole approved.
Does the committee agree that Bill 3 is ready for third reading?
Bill 3 approved for third reading.
I’d like to thank the Minister and his witnesses.
At this time I’ll ask if the Minister responsible for the Interim Appropriation Act, 2008-2009, will be bringing any witnesses.
Yes, Mr. Chairman.
Does the committee agree that the Minister brings his witnesses?
Agreed.
Sergeant-at-Arms escorted the Minister’s witnesses into the Chamber.
For the record, Mr. Minister, could you introduce your witnesses?
Yes, Mr. Chairman. To my right is Ms. Kathleen LeClair, the secretary to the FMB, and to my left is Mr. Sandy Kalgutkar, the director of budgeting and evaluation.
