Debates of March 4, 2005 (day 49)

Thank you, Mr. Speaker. I won’t disappoint the Minister of Justice this morning, I do have a question for him, but it is in the area of consumer protection legislation, which comes under this department, Mr. Speaker. As our housing market across the Northwest Territories matures and diversifies, many more people are going into condominium kind of situations and there is a Condominium Act in the Northwest Territories, Mr. Speaker. One particularly important part of this process is the issue of whether a condominium corporation is required to have a capital reserve fund to help pay for improvements and up-fits in a facility as it ages. The question that I have for the Minister in this area of consumer protection is whether our condominium legislation addresses that or how does our condominium legislation address the issue of capital reserve funds? Thank you, Mr. Speaker.

Thank you, Mr. Braden. The honourable Minister of Justice, Mr. Dent.

Return To Question 542-15(3): Condominium Legislation On Capital Reserves

Thank you, Mr. Speaker. The Member raised this issue with me some time ago and in taking a look at the Condominium Act, I had to agree that it looked like there might be some area that we were not looking at. So I’ve asked the department to compare our Condominium Act with those acts across Canada. I think the area that we might be somewhat lacking in is whether or not the reserve fund is considered to be adequate. That’s the area that I think they’re going to have to examine; whether or not we should insist, like Alberta does, that there be an independent review by an auditor as to whether or not the assumptions underlying the reserve fund are accurate. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Supplementary, Mr. Braden.

Supplementary To Question 542-15(3): Condominium Legislation On Capital Reserves

Thank you. I’ll look forward to at least that assessment. Can the Minister give any indication at this time of the number of condominium corporations in the Northwest Territories? Is this something that affects a large number of residents in the NWT? Thank you.

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 542-15(3): Condominium Legislation On Capital Reserves

Thank you, Mr. Speaker. I’m not aware of the exact number of condominium corporations in operation right now. It is, though, I know a relatively small number. Condominiums are a fairly new method of housing in the Northwest Territories and that’s one of the other reasons, as we start to see more and more of them, that we need to take a look at our act and make sure that we are protecting the consumers adequately.

Thank you, Mr. Dent. Supplementary, Mr. Braden.

Supplementary To Question 542-15(3): Condominium Legislation On Capital Reserves

Thank you, Mr. Speaker. So in connection with this particular issue then, is the Minister prepared to look at the Condominium Act in its entirety to see if it is, indeed, up to standards and a modern piece of legislation? Thank you, Mr. Speaker.

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 542-15(3): Condominium Legislation On Capital Reserves

Thank you, Mr. Speaker. Right now the stage we are at is trying to decide how much of the act we need to open up. We are taking a look at our act in comparison to other acts across Canada to get a sense of where we might be lacking or where there might be room to go to the public and say is this an area that you want us to look at. So I’ve been discussing with the department just what the approach would be, whether we’re going to do a full-blown public consultation of the whole act or if we would just narrow its scope to the areas where we’ve had highlighted now that there may be problems. So I can’t answer the question as to what level of consultation there will be and exactly what part of the act will be open at this point. I would certainly welcome the Member’s advice on that issue. Thank you.