Debates of May 30, 2005 (day 4)

Madam Speaker, it is a territorial facility. It is the only one, to my knowledge, that we have of that kind. There were a number of factors that caused us to have a look at it, including the fact that it is a territorial facility and there is a large potential capital investment that is necessary to replace the current facility to look at how our government is meeting the economic, social and other interests of people across the Territories. So, Madam Speaker, there are a number of factors we looked at in reviewing the TTC. Thank you.

Thank you, Mr. Premier. Final supplementary, Mr. Hawkins.

Supplementary To Question 50-15(4): Relocation Of The Territorial Treatment Centre

Thank you, Madam Speaker. I believe in the fall last year, we passed a motion that at least supported wholly on this side of the House about the establishment of a treatment centre in Inuvik and in Yellowknife. I don’t think it would have broken anyone’s heart here if we had to put a treatment centre in Hay River to see that facility continue its life if that was the mandate. Could we not look at other options to fill that facility without moving the TTC to Hay River from Yellowknife? Thank you, Madam Speaker.

Thank you. Mr. Premier.

Further Return To Question 50-15(4): Relocation Of The Territorial Treatment Centre

Madam Speaker, I am sure there are lots of options we could look at to move different programs different places. There is probably a list of 20, 30 or 50 things we could be looking at. In our case, the Territorial Treatment Centre was looked at. It was felt, when looked at all of the factors as I outlined before that we consider in making these types of organizational changes, that this was a reasonable move to make, given the responsibility we have to look after the interests of people all throughout the territory in these treatment centres. We could have put something else somewhere, I don’t know. Thank you.

Thank you, Madam Speaker. Madam Speaker, I give notice that on Wednesday, June 1, 2005, I will move the following motion: Now therefore I move, seconded by the honourable Member for Yellowknife South, that pursuant to section 61 of the Access to Information and Protection of Privacy Act, that Elaine Keenan-Bengts be appointed as Access to Information and Privacy Commissioner; and further that the appointment be effective July 1, 2005. Thank you, Madam Speaker.

Thank you, Madam Speaker. I move, seconded by the honourable Member for Weledeh, that Bill 10, An Act to Amend the Income Tax Act, be read for the first time. Thank you, Madam Speaker.

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

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you, Madam Speaker. I move, seconded by the honourable Member for Frame Lake, that Bill 8, An Act to Amend the Revolving Funds Act, be read for the second time.

Madam Speaker, this bill amends the Revolving Funds Act to decrease from $5 million to $1 million the maximum fiscal year end debit or credit balance in the petroleum products stabilization fund.

Thank you, Mr. Roland. The motion is in order. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Madam Speaker, I move, seconded by the honourable Member for Deh Cho, that Bill 3, An Act to Amend the Access to Information and Protection of Privacy Act, be read for the second time.

Madam Speaker, this bill changes the definition of “employee” to include persons who perform services as appointees, volunteers and students and persons who perform services under contracts and agency relationships. Employees are prohibited from disclosing personal information without authorization. Thank you, Madam Speaker.

Thank you, Minister Bell. The motion is in order. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you, Madam Speaker. I move, seconded by the honourable Member for Inuvik Boot Lake, that Bill 4, An Act to Amend the Education Act, be read for the second time.

Madam Speaker, this bill amends the Education Act to provide that the Minister shall prescribe the hours of instruction for the academic year for kindergarten, subject to a minimum threshold of 485 hours. Thank you, Madam Speaker.

Thank you, Minister Dent. The motion is in order. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you, Madam Speaker. I move, seconded by the honourable Member for Deh Cho, that Bill 5, An Act to Amend the Judicature Act, be read for the second time.

Madam Speaker, this bill amends the Judicature Act to include provisions enabling the Supreme Court and the Court of Appeal to make orders preventing persons who have brought vexatious proceedings or conducted proceedings in a vexatious manner from commencing or continuing court proceedings without leave. Thank you, Madam Speaker.

Thank you, Minister Bell. The motion is in order. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you, Madam Speaker. I move, seconded by the honourable Member for Deh Cho, that Bill 6, Miscellaneous Statutes Amendment Act, 2005, be read for the second time.

Madam Speaker, this bill corrects inconsistencies and errors in the statutes of the Northwest Territories and deals with other matters of a minor, non-controversial and uncomplicated nature. Thank you, Madam Speaker.

Thank you, Minister Bell. The motion is in order. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you, Madam Speaker. I move, seconded by the honourable Member for Mackenzie Delta, that Bill 7, Personal Directives Act, be read for the second time.

Madam Speaker, this bill recognizes and regulates personal directives, commonly known as "living wills." It provides individuals with a legal mechanism for planning for their own possible future incapacity with respect to their health care or other personal matters, and it enables medical practitioners to obtain consent in respect of individuals who lack the capacity to give consent.

Some of the key provisions of the bill are concerned with:

allowing a person, known as a director, to make a personal directive that will only take effect when the director is incapable of making his or her own decisions regarding health care or other personal matters;

providing for the designation of an agent under a personal directive who can, if the director becomes incapacitated, make decisions respecting the director's health care and other personal matters;

providing that a personal directive can be combined with a power of attorney to allow for the comprehensive management of the director's health care and his or her personal, legal and financial affairs;

providing that the director will have been determined to lack capacity when two persons who are either medical practitioners or psychologists declare that he or she lacks capacity;

providing that an agent cannot make certain specified health care decisions without the granting of specific authority in the personal directive;

giving health care providers authority to render emergency medical services to a director who appears to lack capacity;

giving the Supreme Court the power to review personal directives and make orders related to them in the case of uncertainty or dispute;

providing immunity from liability for agents and health care providers for decisions made in good faith;

providing for offences for the destruction or alteration of a personal directive, improper use of personal information, improper influence and illegal acts by agents;

authorizing the making of regulations; and,

making consequential amendments to the Guardianship and Trusteeship Act and the Mental Health Act.

Thank you, Madam Speaker.

Thank you, Minister Miltenberger. The motion is in order. To the principle of the bill. Mr. Braden.

Thank you, Madam Speaker. I would like to stand and speak in support of this bill, and very sincerely in support of this bill. Over my past experience as an MLA, the need for this kind of legislation has been brought to my attention in at least a couple of situations. Some of them, Madam Speaker, have been very painful or protracted situations that families have felt because family members have been incapacitated through illness or injury. The existence of this kind of legislation may have, and in these cases would very likely have, resulted in a much less painful and difficult situation for these families. So this is a very needed and necessary legislation. It’s very welcome legislation. I believe also, Madam Speaker, that it will be welcomed by practitioners in the medical and the legal areas as well as individuals and families, because this will make the administration of their duties so much more straightforward and less painful in these situations. So this is good legislation and I look forward to dealing with it in standing committee, Social Programs, and reporting back to the House in the fall. Thank you, Madam Speaker.

Thank you, Mr. Braden. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Madam Speaker, I move, seconded by the honourable Member for Yellowknife South, that Bill 9, Municipal Statutes Amendment Act, be read for the second time.

Madam Speaker, this bill amends the Charter Communities Act, the Cities, Towns and Villages Act, and the Hamlets Act. The amendments enable community governments to:

make bylaws authorizing the refinancing of long-term debt without the approval of the Minister or the voters, so long as the principal amount being borrowed does not exceed the principal amount then outstanding under the original debt;

require that notice of loss or damage relating to conditions on highways or in public places controlled by a municipal corporation be given in writing to the senior administrative officer;

transfer charges for unpaid municipal services to the property against which they were incurred in the same manner as arrears for property taxes.

Thank you, Madam Speaker.