If the vehicle was left unattended in a territorial park for, I believe it’s more than 48 hours, there is no liability in that case. The vehicle has to be removed. There is no liability there on behalf of the GNWT.
I’m a bit confused here. If we’re ticketing a vehicle, we’re impounding a vehicle on GNWT territorial parks, and there’s damage done to that vehicle either in the impound process, during the transportation to the storage compound, or within the compound itself, who is liable for damage to that vehicle?
If the vehicle was removed and done so in good faith, the Government of the Northwest Territories would not be liable for any damages to that vehicle if it was left unattended in a territorial park. I think it’s 48 hours. The government would not be liable for any damages that happened to that vehicle in its removal.
I’m a bit concerned that there is liability even though it’s not mentioned in the act. My concern is as to the GNWT would be liable because we are actually in possession of that vehicle in that impound process. Can the Minister indicate if there is any other law, act, or statute that would protect the GNWT for liability during that transit of an impounded vehicle?
I can direct the Member and committee to Section 9 of the regulations where it speaks to the issue the Member raises in regard to liability, Section 9(2) and (3), more (2).
Unfortunately, we don’t have the regulations with us here today, so I’m at a bit of a handicap. If the Member could actually read those excerpts from the regulations, I would appreciate it.
Section 9 of the regulations say: The superintendent may remove or cause to be removed to a safe storage area a boat, trailer, vehicle, tent or other thing that has been left unattended in a Territorial Park for a period of more than 48 hours, and is not authorized under the terms and conditions of a park use permit. (2) The superintendent shall ensure that all reasonable care is taken in the removal of anything under subsection (1), but neither the Superintendent nor a person acting under the authority of the Superintendent is liable to an action or proceeding for or in respect to an act done or omitted to be done in good faith in the exercise of the powers granted by subsection (1).
Thank you, Mr. Ramsay. Mr. Dolynny, your time is up. If you have further questions, I have nobody else on the list. Mr. Dolynny.
Thank you, Madam Chair, no. Questions answered.
Thank you, Mr. Dolynny. We’re on general comments on the bill. Are we agreed that we are concluded general comments?
Agreed.
Then we’ll move on to clause by clause.
Agreed.
We will leave page 1 and start with… We will start on page 1. Bill 2, An Act to Amend the Territorial Parks Act, Clause 1.
---Clauses 1 through 4 inclusive approved
To the bill as a whole.
Agreed.
Does committee agree that Bill 2 is ready for third reading?
---Bill 2 as a whole approved for third reading
Thank you to the witnesses. Thank you to Mr. Ramsay. Sergeant-at-Arms, if you would escort the witnesses from the Chamber.
We will move on to the next item of business, that being Committee Report 1-17(4), Report on the Review of the 2011-2012 Northwest Territories Human Rights Commission Annual Report. I’ll go to the chair of the Standing Committee on Government Operations. Mr. Nadli.
Thank you, Madam Chair. The Standing Committee on Government Operations has submitted its report number 1-17(4) on the Review of the 2011-2012 Northwest Territories Human Rights Commission Annual Report.
The committee’s report, which includes three recommendations, was read into the record by the chair of the committee, and with the kind consent of the Assembly, a motion was passed to move the report into Committee of the Whole.
This report thanks the past chair, members, and staff of the Human Rights Commission for their exemplary efforts to promote the understanding of human rights and responsibilities amongst our citizens.
The report recommends that the Legislative Assembly’s Board of Management provide sufficient additional funding for legal expenses on an ongoing basis to permit the Northwest Territories Human Rights Commission to continue becoming a party to all complaints referred to the NWT Human Rights Adjudication Panel.
The report recommends, as well, that the Board of Management provide sufficient additional funding for the Human Rights Commission to review the NWT Human Rights Act in the context of current Canadian human rights legislation and Northwest Territories realities and make recommendations in its next annual report.
It is more than 10 years since the NWT Human Rights Act came into force. This is a year of transition for the council with a new chair, new members and a new director. The committee considers that this is an opportune time for a fresh look at human rights legislation in the NWT.
Thank you, Mr. Nadli. Are there any other comments on the committee report? Mr. Nadli.
I move that this committee recommends that the Board of Management provide sufficient additional funding for legal expenses, on an ongoing basis, to permit the NWT Human Rights Commission to continue becoming a party to all complaints referred for hearings to the NWT Human Rights Adjudication Panel.
Thank you, Mr. Nadli. The motion is on the floor. The motion is in order. To the motion.
Question.
Question has been called. The motion is carried.
---Carried
Mr. Nadli.
Thank you, Madam Chair. I move that this committee recommends that the Board of Management provide sufficient additional funding for the Human Rights Commission to review the NWT Human Rights Act in the context of current Canadian human rights legislation and Northwest Territories realities and make recommendations in its next annual report.
Thank you, Mr. Nadli. The motion is on the floor. The motion is in order. To the motion.
Question.
Question has been called. The motion is carried.
---Carried
Mr. Nadli.
Thank you, Madam Chair. I move that this committee recommends that the government provide a response to this report within 120 days.
Thank you, Mr. Nadli. The motion is on the floor. The motion is in order. To the motion.
Question.
Question has been called. The motion is carried.
---Carried
Thank you, Mr. Nadli. Before we move on, does committee agree that we have concluded consideration of Committee Report 1-17(4), Standing Committee on Government Operations Report on the Review of the 2011-12 Northwest Territories Human Rights Commission Annual Report?
Agreed.
Thank you, committee. Committee, we are waiting on a bit of paperwork, so we’ll take a five minute break.
---SHORT RECESS
Alright, committee. We will reconvene and come back to order. We are considering Committee Report 2-17(4): Report on the Review of the Report of the Chief Electoral Officer on the Administration of the 2011 Election. I’ll go to the chair of the Standing Committee on Rules and Procedures for opening remarks. Mr. Bromley.
Thank you, Madam Chair. Earlier today the Standing Committee on Rules and Procedures reported on its review of the Report of the Chief Electoral Officer on the Administration of the 2011 General Election. The report contained recommendations from the committee which we would like to introduce now.
Thank you, Mr. Bromley. To committee, are there any other general comments on the committee report? Mr. Bromley.
Thank you, Madam Chair. I have a number of motions to present, and I will call on my colleague Mr. Abernethy as well.
Thank you, Mr. Bromley. The motion is in order. The motion is on the floor. To the motion.
Question.
Question has been called. The motion is carried.
---Carried
Mr. Bromley.
