Debates of May 17, 2011 (day 9)

Date
May
17
2011
Session
16th Assembly, 6th Session
Day
9
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements
Speaker: MR. SPEAKER

Thank you, Ms. Bisaro. The honourable Member for Nahendeh, Mr. Menicoche.

MOTION 8-16(6): REVIEW OF ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT

Mr. Speaker, I give notice that on Thursday, May 19, 2011, I will move the following motion: now therefore I move, seconded by the honourable Member for Great Slave, that this Legislative Assembly strongly recommends the Government of the Northwest Territories undertake a comprehensive review of the Access to Information and Protection of Privacy Act, including an examination of access to information and privacy legislation in other Canadian jurisdictions and all past recommendations of the Information and Privacy Commissioner, and bring forward a bill during the first two years of the 17th Assembly;

And further, that the Government of the Northwest Territories include mention of a need for a comprehensive review of the Access to Information and Protection of Privacy Act in any transition document or report to the 17th Assembly;

And furthermore, that the Government of the Northwest Territories provide a comprehensive response to this motion within 90 days. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr Menicoche. The honourable Member for Frame Lake, Ms. Bisaro.

MOTION 9-16(6): EXTENDED ADJOURNMENT OF THE HOUSE TO AUGUST 17, 2011

Thank you, Mr. Speaker. I give notice that on Thursday, May 19, 2011, I will move the following motion: I move, seconded by the honourable Member for Thebacha, that, notwithstanding Rule 4, when this House adjourns on Thursday, May 19, 2011, it shall be adjourned until Wednesday, August 17, 2011;

And further, that any time prior to August 17, 2011, 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. Thank you, Mr. Speaker.

Second Reading of Bills

BILL 15: AN ACT TO AMEND THE DEH CHO BRIDGE ACT

Mr. Speaker, I move, seconded by the honourable Member for Inuvik Twin Lakes, that Bill 15, An Act to Amend the Deh Cho Bridge Act, be read for the second time.

Mr. Speaker, this bill amends the Deh Cho Bridge Act to:

remove references to the Deh Cho Bridge Fund;

extend to the registered owner of a vehicle the obligation to pay or arrange to pay a toll for the vehicle to be operated on the Deh Cho Bridge; and

authorize the making of regulations respecting the use of transponders and other devices for purposes of enforcing the collection of tolls.

Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 15 has had second reading.

---Carried

The honourable Minister responsible for Transportation, Mr. Michael McLeod.

BILL 16: AN ACT TO AMEND THE MOTOR VEHICLES ACT

Mr. Speaker, I move, seconded by the honourable Member for Inuvik Boot Lake, that Bill 16, An Act to Amend the Motor Vehicles Act, be read for the second time.

Mr. Speaker, this bill includes amendments that make the use of a restricted electronic device while operating a motor vehicle an offence, unless it is designated as a hands-free device and used in a hands-free manner. Restricted electronic devices are to be prescribed along with who may use them. Certain classes of drivers are exempt or may be exempted under the regulations. The holders of learner’s and probationary driver’s licences may be further restricted or prohibited from the use of these devices by regulation.

The threshold for reporting accidents is raised from $1,000 to $2,000.

The registrar of motor vehicles is also given powers to refuse a certificate of registration, permit or driver’s licence or to cancel a licence for non-payment of fines pertaining to motor vehicle offences under the Deh Cho Bridge Act or Summary Conviction Procedures Act.

Minor amendments are also made to ensure consistency of terminology, improve clarity of expression, and confirm with prevailing drafting practices. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 16 has had second reading.

---Carried

The honourable Minister responsible for Industry, Tourism and Investment, Mr. Bob McLeod.

BILL 17: AN ACT TO AMEND THE TERRITORIAL PARKS ACT

Mr. Speaker, I move, seconded by the honourable Member for Inuvik Twin Lakes, that Bill 17, An Act to Amend the Territorial Parks Act, be read for the second time.

Mr. Speaker, this bill amends the Territorial Parks Act to authorize the superintendent to prohibit a person who has been charged with certain offences or has unpaid fines under the act from entering certain territorial parks. Amendments will also authorize the court to impose an order prohibiting a person convicted of certain offences under the act from entering territorial parks.

The bill also amends the act to authorize the making of regulations respecting the process for issuing and appealing orders prohibiting a person from entering or being in a territorial park, respecting temporary prohibitions or restrictions on the possession of alcohol in territorial parks, respecting restrictions on possession of animals in territorial parks, and respecting the operation of motor vehicles or certain types of motor vehicles in territorial parks. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 17 has had second reading.

---Carried

The honourable Minister responsible for the Public Utilities Board, Mr. Bob McLeod.

BILL 18: AN ACT TO AMEND THE PUBLIC UTILITIES ACT

Mr. Speaker, I move, seconded by the honourable Member for Deh Cho, that Bill 18, An Act to Amend the Public Utilities Act, be read for the second time.

Mr. Speaker, the Public Utilities Act is amended to permit the Minister to request that the Public Utilities Board advise the Minister on matters he or she may specify, and to provide that the Executive Council may issue directives to the board respecting policies to be applied by the board in the determination of its orders, decisions and rules.

The act is further amended to authorize the making of regulations governing the information to be submitted in or with a schedule of rates filed with the board by a public utility.

Finally, a number of provisions are amended to make minor changes to improve the clarity of expression or to conform with prevailing drafting practices. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 18 has had second reading.

---Carried

The honourable Minister responsible for Municipal and Community Affairs, Mr. Robert McLeod.

BILL 19: COST OF CREDIT DISCLOSURE ACT

Mr. Speaker, I move, seconded by the honourable Member for Yellowknife South, that Bill 19, Cost of Credit Disclosure Act, be read for the second time.

Mr. Speaker, this bill establishes rules for the disclosure of cost of credit information by credit grantors to consumers. It also repeals Parts I and II of the Consumer Protection Act and makes other consequential amendments to that act. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 19 has had second reading.

---Carried

Item 20, consideration in Committee of the Whole of Bills and other matters: Bill 11, An Act to Amend the Public Service Act; Committee Report 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; Committee Report 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; Committee Report 3-16(6), Standing Committee on Government Operations Report on the Review of the 2009-2010 Human Rights Commission Annual Report; and Committee Report 4-16(6), Standing Committee on Government Operations Report on the Review of the NWT Languages Commissioner Annual Report 2009-2010, with Mr. Bromley in the chair.

Consideration in Committee of the Whole of Bills and Other Matters

Greetings, committee. We have before us today Bill 11 and Committee Reports 1-16(6), 2-16(6), 3-16(6) and 4-16(6). What is the wish of the committee? Mrs. Groenewegen.

Thank you, Mr. Chairman. The committee would like to deal with Bill 11 and all four committee reports today. Thank you.

Thank you, Mrs. Groenewegen. Committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Very good. We’ll take a short break first.

---SHORT RECESS

I’d like to call Committee of the Whole to order. Before us we have Bill 11, committee, and I would like to ask the Minister responsible for the bill if he has any comments. Bill 11, An Act to Amend the Public Service Act, Minister Bob McLeod.

Thank you, Minister McLeod. Please proceed.

The Public Service Act currently allows for the appointment of three staffing review officers from outside of the public service to hear appeals of appointments made by competition. Staffing review officers provide an independent review of the competition process by determining whether procedural fairness occurred in the application of applicable legislation, regulations, policies, directives and procedural guidelines.

Under policy and regulation, staffing appeals have time limits for a response. Delays can prolong competitions in hiring of qualified candidates, which can result in interruption of government programs and services to Northwest Territories residents. An increase in the number of staffing review officers is intended to improve appeal and competition time frames.

Work undertaken by the Department of Human Resources on the strategic goal one, Fixing the Foundation, of 20/20, A Brilliant North, Northwest Territories Public Service Strategic Plan, identified delays in completion of staffing competitions due to the amount of time required to complete the staffing appeal hearing. Three staffing review officers are no longer adequate to hear staffing appeals within appropriate time frames.

The proposed amendment will enable more staffing review officers to be available to hear appeals. There will be no increase in costs and this will have no impact on the number of appeals received or number of appellants involved. An increase in the number of staffing review officers available to hear appeals is simply intended to improve appeal and competition time frames. Thank you.

Thank you, Mr. McLeod. Given that this bill was referred directly to Committee of the Whole and there are no remarks from standing committee, I think we’ll proceed onwards here. So would you like to bring witnesses into the House?

Yes I would, Mr. Chair.

Thank you, Minister. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

I will now ask the Sergeant-at-Arms to please escort the witnesses into the House.

Thank you, Sergeant. I’d like to ask the Minister to please introduce your witnesses.

Thank you, Mr. Chair. With me I have Tom Williams, the deputy minister of Human Resources, on my left; and to my right, Mark Aitken, the director of legislation with the Department of Justice.

Thank you, Minister. Welcome, witnesses. I will now proceed and ask for general comments on Bill 11, An Act to Amend the Public Service Act. General comments? Hearing none, does committee agree we go to detail?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. We’ll start on page 1, clause 1.

---Clauses 1 and 2 inclusive approved

Thank you, committee. The bill as a whole?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Is committee agreed that Bill 11, An Act to Amend the Public Service Act, is ready for third reading? Agreed?

---Bill 11 as a whole approved for third reading

Bill 11, An Act to Amend the Public Service Act is now ready for third reading. I’d like to thank the witnesses and ask the Sergeant-at-Arms to please escort the witnesses from the Chamber. Thank you, committee.

We’ll now move on to consideration of Committee Report 1-16(6), which was read into the record on May 12, 2011. Are there any general comments on Committee Report 1-16(6), Report on the Review of the Report of the Auditor General on Northwest Territories Deh Cho Bridge Project, 2011, Department of Transportation. General comments? Mr. Menicoche.

Thank you very much, Mr. Chair. I jumped the gun there. I’ve got no comments and I’ll be moving a motion to this report. Thank you.

Thank you, Mr. Menicoche. So, committee, no general comments? I’m not hearing any general comments, in which case we will move to recommendations in the form of motions. Committee, any motions on Committee Report 1-16(6), Report on the Review of the Report of the Auditor General on the Northwest Territories Deh Cho Bridge Project? Mr. Menicoche.

COMMITTEE MOTION 4-16(6): PUBLIC/PRIVATE PARTNERSHIP POLICY, CARRIED

Thank you very much, Mr. Chair. I move that this committee recommends that the GNWT finalize a public/private partnership policy; and further, that this policy includes provisions to ensure that the GNWT undertakes an analysis of its full financial exposure, the roles and responsibilities of the GNWT and its partners are clearly defined, due diligence is carried out on the partner’s capacity to fulfill its roles and obligations, risk and opportunities are proportionately shared, and the GNWT establishes a clear understanding of a community’s objectives and abilities when entering a partnership with the community; and furthermore, that the Cabinet provide a timeline for the finalization of the public/private partnership policy within the life of the 16th Legislative Assembly. Thank you, Mr. Chair.

Thank you, Mr. Menicoche. The motion is in order. To the motion.