Debates of May 27, 2009 (day 29)

Date
May
27
2009
Session
16th Assembly, 3rd Session
Day
29
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. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

MOTION TO Receive Committee Report 5-16(3) and Move INTO COMMITTEE OF THE WHOLE, CARRIED

Speaker: MR. SPEAKER

There is a motion on the floor. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called.

---Carried

Speaker: MR. SPEAKER

The Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker. I also seek unanimous consent to waive Rule 93(4) and have Committee Report 5-16(3) moved into Committee of the Whole for consideration today. Thank you, Mr. Speaker.

---Unanimous consent granted.

Speaker: MR. SPEAKER

Item 13, reports of committees on the review of bills. The honourable Member for Kam Lake, Mr. Ramsay.

Reports of Committees on the Review of Bills

BILL 6: SPECIES AT RISK (NWT) ACT

BILL 14: AN ACT TO AMEND THE MOTOR VEHICLES ACT

Thank you, Mr. Speaker. I wish to report to this Assembly that the Standing Committee on Economic Development and infrastructure has completed its review of Bill 6, Species at Risk (NWT) Act, and Bill 14, An Act to Amend the Motor Vehicles Act.

The committee wishes to report that Bill 14 is ready for consideration in Committee of the Whole and also Bill 6 is ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Ramsay. The honourable Member for Tu Nedhe, Mr. Beaulieu.

BILL 2: SETTLEMENT OF INTERNATIONAL INVESTMENT DISPUTES ACT

Bill 15: MISCELLANEOUS STATUTE LAW AMENDMENT ACT, 2009

BILL 12: SECURITIES TRANSFER ACT

Thank you, Mr. Speaker. Mr. Speaker, I wish to report to the Assembly that the Standing Committee on Social Programs has completed a review of Bill 2, Settlement of International Investment Disputes Act; Bill 12, Securities Transfer Act; and Bill 15, Miscellaneous Statute Law Amendment Act, 2009. The committee wishes to report that Bills 2 and 12 are ready for consideration in Committee of the Whole and Bill 15 is ready for consideration in Committee of the Whole as amended and printed.

Further, Mr. Speaker, I seek unanimous consent to waive Rule 70(5) to have Bills 2, 12 and 15 moved to Committee of the Whole today. Thank you.

---Unanimous consent granted.

Tabling of Documents

TABLED DOCUMENT 35-16(3): SUPPLEMENTARY APPROPRIATION NO. 1 (OPERATIONS EXPENDITURES), 2009-2010

TABLED DOCUMENT 36-16(3): SUPPLEMENTARY APPROPRIATION NO. 2 (INFRASTRUCTURE EXPENDITURES), 2009-2010

TABLED DOCUMENT 37-16(3): SUPPLEMENTARY APPROPRIATION NO. 4, 2008-2009

Mr. Speaker, I wish to table the following three documents entitled Supplementary Appropriation No. 1 (Operations Expenditures), 2009-2010; Supplementary Appropriation No. 2 (Infrastructure Expenditures), 2009-2010; and Supplementary Appropriation No. 4, 2008-2009. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Miltenberger. The honourable Minister of Justice, Mr. Lafferty.

TABLED DOCUMENT 38-16(3): NORTH SLAVE CORRECTIONAL CENTRE – REMAND STATISTICS

Mahsi, Mr. Speaker. Mr. Speaker. Further to my Return to Written Question 5-16(3), I wish to table the following document entitled North Slave Correctional Centre - Remand Statistics. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. The honourable Premier, Mr. Roland.

TABLED DOCUMENT 39-16(3): FEDERAL REVENUES FROM NON-RENEWABLE NATURAL RESOURCES IN THE NORTH

Thank you, Mr. Speaker. Further to my Return to Written Question 6-16(3), I wish to table the following document entitled Federal Revenues from Non-Renewable Resources in the North. Thank you, Mr. Speaker.

TABLED DOCUMENT 40-16(3): CONFLICT OF INTEREST COMMISSIONER REPORT DATED MAY 25, 2009, RESPECTING ALLEGED BREACH BY PREMIER ROLAND ON SECTION 75 OF THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL ACT

Speaker: MR. SPEAKER

Thank you, Mr. Roland. I wish to table the report of the Conflict of Interest Commissioner dated May 25, 2009, pursuant to section 201 of the Legislative Assembly and Executive Council Act respecting an alleged breach by Premier Floyd Roland on section 75 of the Legislative Assembly and Executive Council Act.

TABLED DOCUMENT 41-16(3): CONFLICT OF INTEREST COMMISSIONER REPORT DATED MARCH 25, 2009, ALLEGATION OF JANE GROENEWEGEN THAT PREMIER ROLAND BREACHED SECTION 86 OR SECTION 75 OF THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL ACT

TABLED DOCUMENT 42-16(3): RESPONSE TO PETITION 1-16(3)

Speaker: Mr. Tim Mercer

Mr. Speaker, I wish to table a response to Petition 1-16(3) provided by the Honourable Sandy Lee, Minister of Health and Social Services, in response to a petition tabled by Mr. Ramsay on February 4, 2009.

TABLED DOCUMENT 43-16(3): RESPONSE TO PETITION 2-16(3)

TABLED DOCUMENT 44-16(3): RESPONSE TO PETITION 3-16(3)

TABLED DOCUMENT 45-16(3): RESPONSE TO PETITION 4-16(3)

Speaker: MR. SPEAKER

Thank you, Mr. Clerk. Item 15, notices of motion. Item 16, notices of motion for first reading of bills. Item 17, motions. Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Bill 2, Settlement of International Disputes Act; Bill 12, Securities Transfer Act; Bill 15, Miscellaneous Statute Law Amendment Act; Tabled Document 35-16(3), Supplementary Appropriation No. 1 (Operations Expenditures), 2009-2010; Tabled Document 36-16(3), Supplementary Appropriation No. 2 (Infrastructure Expenditures), 2009-2010; Tabled Document 37-16(3), Supplementary Appropriation No. 4, 2008-2009; Committee Report 5-16(3), Standing Committee on Rules and Procedures Auxiliary Report on the Review of the Report of the Chief Electoral Officer on the Administration of the 2007 Election, with Mr. Krutko in the chair.

Consideration in Committee of the Whole of Bills and Other Matters

I would like to call the committee of the whole to order. Bills 2, 12, 15, Tabled Documents 37-16(3), 35-16(3), 36-16(3), Committee Report 5-16(3). What is the wish of the committee? Mrs. Groenewegen.

Thank you, Mr. Chairman. The wish of the committee today I believe is to deal with Tabled Documents 37-16(3), 35-16(3) and 36-16(3). Thank you.

Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

We will take a short break and we will begin with tabled documents 35, 36 and 37.

---SHORT RECESS

I’d like to call the Committee of the Whole back to order. I’d just like to read out the items for Committee of the Whole: Bills 2, 12, 15, Committee Reports 37-16(3), 36-16(3), 35-16(3), and, again, Committee Report 5-16(3), Tabled Documents 37-16(3), 36-16(3), 35-16(3). I’d just to get clarification. What’s the wish of the committee? Mrs. Groenewegen.

Thank you, Mr. Chairman. The wish of the committee is, in fact, to deal with Bills 2, 12, 15 and Tabled Documents 37-16(3), 35-16(3) and 36-16(3). Thank you.

Speaker: SOME HON. MEMBERS

Agreed.

Okay. With that, we’ll begin with Bill 2, Settlement of International Investment Disputes Act. Minister of Justice, Mr. Lafferty.

Mahsi, Mr. Chair. I am pleased to appear before the committee today to review Bill 2, Settlement of International Investment Disputes Act. The purpose of the bill is to provide for adoption in the Northwest Territories of the Convention on the Settlement on Investment Disputes between States and National of Other States. The convention established the International Centre for Settlement of Investment Disputes, an institution of the World Bank, in the belief that the centre would promote international investment, especially in developing countries where people are fearful of investing because of the lack of an effective means to resolve disputes.

The convention is intended to assist with the settlement of investment disputes between governments and foreign investors, providing the parties with dispute resolution services on a user-pay basis. The use of the arbitration or conciliation services is voluntary, by agreement between the parties. This bill, based on the model act developed by the Uniform Law Conference of Canada, provides for the recognition and enforcement of decisions in the Northwest Territories that are made through the centre.

Over 140 countries have ratified the Convention, but Canada has not done so as it required legislation in every province and territory. The Government of Canada passed implementing legislation in March 2008, and is now making ratification of the convention a priority. Ratification of the convention would be seen as making Canada a more attractive place to do business, thereby promoting foreign investment in Canada. To date, five Canadian jurisdictions have enacted legislation to implement the convention.

The convention would provide NWT residents investing abroad and NWT companies doing business with member states with an additional option for resolving disputes, a significant benefit in member states where the courts are not as experienced or considered to be as reputable as those in Canada.

The centre would also be available to this government as an alternative means of resolving disputes in agreements that it may have with foreign companies or investors operating in the Northwest Territories.

Mr. Chair, I would like to thank the members of the Standing Committee on Social Programs for their review and comments on the bill and would be pleased to respond to any questions the committee may have regarding Bill 2. Mahsi, Mr. Chair.

Thank you, Mr. Lafferty. At this time I’d like to call the chair of the standing committee which reviewed the bill to make comments. Mr. Beaulieu.

Thank you, Mr. Chairman. The Standing Committee on Social Programs conducted its public review of Bill 2, Settlement of International Investment Disputes Act, on May 25, 2009. Bill 2 will allow for the adoption of the convention on the Settlement on Investment Disputes between States and National of Other States. The Settlement of International Investment Disputes Act will allow parties to use the rules for arbitration or conciliation under this convention to settle disputes that deal with international investments. The use of the convention is voluntary, however, once the parties have agreed to use the mechanisms and a decision has been made, the contracting states are required to have mechanisms in place to enforce any award that has been granted as an outcome of arbitration or conciliation. This bill allows the Supreme Court of the Northwest Territories to have jurisdiction and powers with respect to the recognition and enforcement of such awards.

Following the committee’s review, a motion was carried to report Bill 2, Settlement of International Investment Disputes Act, to the Assembly as ready for Committee of the Whole. This concludes the committee’s opening comments on Bill 2. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.