Thank you, Mr. Hawkins. We will now go to the bill itself. General comments. Mr. Abernethy.
Thank you, Mr. Chair. I understand the reason for this bill and for the most part I reluctantly agree with forgiving some of these dollars.
There’s one area that I have a big problem with and that is there’s three debts in here that arose out of fraudulent activities against the GNWT. Specifically, people stole from the GNWT and they were given an order by the courts to pay back the GNWT a certain amount of money. Now, for some reason, we have failed to collect that money and the time is such that now they’re statute barred, which means it’s kind of impossible to collect the money. As a result we’re out about $50,000 that we could have collected from people who stole from us and it kind of rots my socks that we’re going to forgive these dollars.
Unfortunately, they are statute barred, which means we can’t do anything. But I think it’s important that we learn from this particular case. People do, from time to time, steal from the Government of the Northwest Territories and when they do steal from the Government of the Northwest Territories, there’s no reason that we should ever, especially when an order from the court has been given, ever let them get away with not paying back what they owe. If we don’t have policies and procedures to track these individuals so that we make sure that we’re on top of them from the minute an order is given until all the monies are collected, we should put those in place to make sure that when people do steal from us and are ordered to pay us back, that we’re on top of it and we collect the money.
So to the Minister today, I would like to seek some commitment from the Minister that some protocols or rules will be put in place to ensure that we never see a situation where we’re writing off debt or forgiving debt for individuals who have stolen from us. So to the Minister, will the Minister commit to putting in some policies, procedures to make sure that we track the dollars from individuals who have stole from us? In this case, three people are getting away with over $50,000 in what they owe us and, quite frankly, it’s unacceptable. We need to make sure it never happens again. Will the Minister commit to that?
Thank you, Mr. Abernethy. Minister Miltenberger.
Thank you, Mr. Chairman. I’d just like to offer up the specific commitment, proceeded by just a couple of points.
Court orders for restitution become statute barred in the Limitations of Action Act after 10 years, not six years, as with other debts. The courts will not impose additional conditions on the debtors, such as keeping the GNWT informed of their employment status, whereabouts or marital status. It is the responsibility of the party whom the judgment is in favour of to be diligent in their collection efforts, because the courts will not take further action.
Additional action can be taken at the time of an application for judgment that would require the debtor to disclose, under oath, assets and particulars of employment. If the GNWT feels there are assets available to satisfy a debt, this information could then be used for additional collection action, such as writs against property or garnishees against wages.
It is possible to apply to the courts to renew an order prior to reaching the 10-year limitation. After reviewing these facts, the office of the comptroller general will implement processes pertaining to debts that arise from fraudulent activities to ensure departments that have secured judgments for restitution renew them with the courts if the judgment has not been satisfied within 10 years.
Procedures will also be established to ensure more aggressive action is taken at the outset of the application of a restitution order to take all possible steps to secure all possible assets of the debtor to settle the amounts outstanding.
Finally, I would just make the observation that as was pointed out by Ms. Lavoie, the assistant comptroller general, in her 10 or 12 years in her position she had never seen this type of restitution write-off before. So it’s brought to light a gap and we believe that this commitment will help close that gap and I thank the committee for raising the issue with us. Thank you.
Thank you, Minister Miltenberger. Mr. Abernethy.
Thank you, Mr. Chair. I’d like to thank the Minister and the comptroller’s office for making that commitment to making sure that people who steal from us don’t get to keep the money they stole. Thank you, Mr. Chair, and thank you, Mr. Minister.
Thank you. Committee, general comments? Mr. Hawkins.
Thank you, Mr. Chairman. This is a similar issue I had as well in the committee, and it’s really about involvement from the Department of Finance side in the courts, whether it’s using our Justice people in particular to make a position known to the courts to ensure that the GNWT’s interest is exercised and acknowledged before the 10 years lapse through statute barred.
Mr. Chairman, I want to thank the Minister of Finance, obviously through the comptroller general for providing us this briefing note on debts that arise as a result of court ordered restitution. In short, the Minister read his briefing note that explained the process that they’ll start, and this was truly identified by committee at large to try to figure out ways to ensure that people who commit fraud aren’t, for the lack of a better term, rewarded by that process.
I want to acknowledge the work provided by the comptroller general who has found a way to help address this particular problem. As I explained to committee, my particular position is if we can articulate our voice early, if the person does fail to comply within a reasonable amount of time, hopefully the Department of Justice can make application to the court to either, as stated by the Minister, continue another order going forward or, of course, then proceed for failure of following through on a court order and then let the courts decide what’s appropriate at that time.
Thank you, Mr. Hawkins. General comments. Hearing no more general comments, we’ll go to clause by clause. Is committee agreed?
Agreed.
Before we start that, we’ll defer that until we have looked at the schedule to the bill. Is committee agreed?
Agreed.
Going to pages 3 through 5, schedule of debts forgiven, total $1,375,491.32.
Agreed.
Returning to clause by clause, page 1 of Bill 6, clause 1.
---Clauses 1 and 2 inclusive approved
Bill 6 as a whole.
Agreed.
Does committee agree that Bill 6, Forgiveness of Debts Act, 2010-2011, is now ready for third reading?
---Bill 6 as a whole approved for third reading
I’d ask the Sergeant-at-Arms to escort the witness from the Chamber. Mr. Abernethy.
Thank you, Mr. Chairman. I move that we report progress.
---Carried
Can I have the report from the Committee of the Whole, please, Mr. Bromley.
Thank you, Mr. Speaker. Your committee has been considering Bills 3, 4, 5 and 6, and would like to report progress. Bills 3, 4, 5 and 6 are ready for third reading. I move that the report of Committee of the Whole be concurred with.
Thank you, Mr. Bromley. A motion is on the floor. Do we have a seconder? The honourable Member for Frame Lake, Ms. Bisaro.
---Carried
Before we go onto the next item on the Order Paper, colleagues, earlier today in the House the Member for Weledeh, Mr. Bromley, tabled a DVD video disk entitled Hand to Toe – And Explanation of the Art of Giving. Article 43 of the Rules of the Legislative Assembly permit a Member to table any document which is required to be tabled in the House by any act or order of the Assembly or which may be in the public interest. Upon initial review of the item tabled earlier today, I am not satisfied that Mr. Bromley’s item meets the test laid out in Article 43 of the Rules as it is clearly not a document.
As well, the Chair has some concerns about the reproduction of this item in the absence of the expressed written consent of the DVD’s producer.
As a result of these concerns, I am ruling Tabled Document 26-16(6) out of order. Thank you, colleagues.
Mr. Speaker, I move, seconded by the honourable Member for Deh Cho, that Bill 8, An Act to Amend the Local Authorities Elections Act, be read for the third time. Thank you, Mr. Speaker.
Bill 8 has had third reading.
---Carried
The honourable Minister of Finance.
Mr. Speaker, I move, seconded by the honourable Member for Monfwi, that Bill 12, Supplementary Appropriation Act (Infrastructure Expenditures), No. 6, 2010-2011, be read for the third time. Thank you.
Bill 12 has had third reading.
---Carried
The honourable Minister of Finance.
Mr. Speaker, I move, seconded by the honourable Member for Yellowknife South, that Bill 13, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2011-2012, be read for the third time. Thank you.
Bill 13 has had third reading.
---Carried
The honourable Minister of Finance.
Mr. Speaker, I move, seconded by the honourable Member for Inuvik Boot Lake, that Bill 14, Supplementary Appropriation Act (Operations Expenditures), No. 1, 2011-2012, be read for the third time. Thank you.
Bill 14 has had third reading.
---Carried
Orders of the day for Tuesday, May 17, 2011, at 1:30 p.m.:
Prayer
Ministers’ Statements
Members’ Statements
Returns to Oral Questions
Recognition of Visitors in the Gallery
Acknowledgements
Oral Questions
Written Questions
Returns to Written Questions
Replies to Opening Address
Petitions
Reports of Standing and Special Committees
Reports of Committees on the Review of Bills
Tabling of Documents
Notices of Motion
Notices of Motion for First Reading of Bills
Motions
First Reading of Bills
Bill 20, Vital Statistics Act
Second Reading of Bills
Bill 15, An Act to Amend the Deh Cho Bridge Act
Bill 16, An Act to Amend the Motor Vehicles Act
Bill 17, An Act to Amend the Territorial Parks Act
Bill 18, An Act to Amend the Public Utilities Act
Bill 19, Cost of Credit Disclosure Act
Consideration in Committee of the Whole of Bills and Other Matters
Bill 11, An Act to Amend the Public Service Act
CR 1-16(6), Standing Committee on Government Operations Report on the Review of the Auditor General’s Report on the Deh Cho Bridge Project, 2011
CR 2-16(6), Standing Committee on Government Operations Report on the Review of the Auditor General’s Report on NWT Health Programs and Services, 2011
CR 3-16(6), Standing Committee on Government Operations Report on the Review of the 2009-2010 Human Rights Commission Annual Report
CR 4-16(6), Standing Committee on Government Operations Report on the Review of the NWT Languages Commissioner Annual Report 2009-2010
Report of Committee of the Whole
Third Reading of Bills
Bill 3, Electronic Transactions Act
Bill 4, Miscellaneous Statute Law Amendment Act
Bill 5, Write-off of Debts Act, 2010-2011
Bill 6, Forgiveness of Debts Act, 2010-2011
Orders of the Day
Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Tuesday, May 17, 2011, at 1:30 p.m.
---ADJOURNMENT
The House adjourned at 5:29 p.m.
