Debates of November 1, 2010 (day 27)

Topics
Statements

BILL 14: AN ACT TO AMEND THE CONFLICT OF INTEREST ACT

Mahsi, Mr. Speaker. I move, seconded by the honourable Member for Range Lake, that Bill 14, An Act to Amend the Conflict of Interest Act, be read for the first time. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. A motion is on the floor. Motion is in order. Bill 14, An Act to Amend the Conflict of Interest Act, has had first reading.

---Carried

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

BILL 15: AN ACT TO AMEND THE FIRE PREVENTION ACT

Mr. Speaker. I move, seconded by the honourable Member for Yellowknife South, that Bill 15, An Act to Amend the Fire Prevention Act, be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. A motion is on the floor. Motion is in order. Bill 15, An Act to Amend the Fire Prevention Act, has had first reading.

---Carried

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

BILL 16: AN ACT TO AMEND THE DOG ACT

Mr. Speaker. I move, seconded by the honourable Member for Deh Cho, that Bill 16, An Act to Amend the Dog Act, be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. A motion is on the floor. Motion is in order. Bill 16, An Act to Amend the Dog Act, has had first reading

---Carried

The honourable Minister responsible for Finance, Mr. Miltenberger.

BILL 17: AN ACT TO AMEND THE INCOME TAX ACT

I move, seconded by the honourable Member for Monfwi, that Bill 17, An Act to Amend the Income Tax Act, be read for the first time. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Miltenberger. A motion is on the floor. Motion is in order. Bill 17, An Act to Amend the Income Tax Act, has had first reading.

---Carried

BILL 18: AN ACT TO REPEAL THE SETTLEMENTS ACT

Mr. Speaker. I move, seconded by the honourable Member for Inuvik Boot Lake, that Bill 18, An Act to Repeal the Settlements Act, be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. A motion is on the floor. Motion is in order. Bill 18, An Act to Repeal the Settlements Act, has had first reading.

---Carried

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

BILL 19: MUNICIPAL STATUTES AMENDMENT ACT

Mr. Speaker. I move, seconded by the honourable Member for Monfwi, that Bill 19, Municipal Statutes Amendment Act, be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. A motion is on the floor. Motion is in order. Bill 19, Municipal Statutes Amendment Act, has had first reading.

---Carried

The honourable Minister responsible for Justice, Mr. Lafferty.

BILL 20: AN ACT TO AMEND THE EVIDENCE ACT

Mahsi, Mr. Speaker. I move, seconded by the honourable Member for Thebacha, that Bill 20, An Act to Amend the Evidence Act, be read for the first time. Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. A motion is on the floor. Motion is in order. Bill 20, An Act to Amend the Evidence Act, has had first reading.

---Carried

Second Reading of Bills

BILL 13: APPROPRIATION ACT (INFRASTRUCTURE EXPENDITURES) 2011-2012

Mr. Speaker, I move, seconded by the honourable Member for Inuvik Boot Lake, that Bill 13, Appropriation Act (Infrastructure Expenditures) 2011-2012, be read for the second time.

Mr. Speaker, this bill authorizes the Government of the Northwest Territories to make infrastructure expenditures for the 2011-2012 fiscal year. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Miltenberger. A motion is on the floor. The motion is in order. To the principle of the bill. Bill 13, Appropriation Act (Infrastructure Expenditures) 2011-2012, has had second reading.

---Carried

Item 20, consideration in Committee of the Whole of bills and other matters: Tabled Document 4-16(5), Executive Summary of the Report of the Joint Review Panel for the Mackenzie Gas Project; Tabled Document 30-16(5), 2010 Review of Members’ Compensation and Benefits; Tabled Document 38-16(5), Supplementary Health Benefits – What We Heard; Tabled Document 62-16(5), Northwest Territories Water Stewardship Strategy; Tabled Document 75-16(5), Response to the Joint Review Panel for the Mackenzie Gas Project on the Federal and Territorial Governments’ Interim Response to “Foundation for a Sustainable Northern Future;” Tabled Document 103-16(5), GNWT Contracts over $5,000 Report, Year Ending March 31, 2010; Bill 4, An Act to Amend the Social Assistance Act; Bill 12, An Act to Amend the Liquor Act; Committee Report 3-16(5), Standing Committee on Social Programs Report on the Review of the Child and Family Services Act; and Minister’s Statement 65-16(5), Devolution Agreement-in-Principle, Impact on Land Claims and Protection of Aboriginal Rights, with Mr. Krutko in the chair.

Consideration in Committee of the Whole of Bills and Other Matters

I call Committee of the Whole to order. Items in Committee of the Whole today are: tabled documents 4, 30, 38, 62, 75, 103, Bill 4, Committee Report 3-16(5), and Minister’s Statement 65-16(5). What is the wish of committee? Mr. Abernethy.

Thank you, Mr. Chair. We’d like to go through Bill 12 and, time permitting, Tabled Document 75-16(5).

Agreed.

Okay. So we’ll begin with Bill 12 after the break.

---SHORT RECESS

I’d like to call Committee of the Whole to order. Prior to the break we agreed to begin with Bill 12, An Act to Amend the Liquor Act. At this time, I’d like to ask the Minister responsible for the bill if he has any opening comments. Minister of Finance, Mr. Miltenberger.

Thank you, Mr. Chairman. I am here to present Bill 12, An Act to Amend the Liquor Act.

The current Liquor Act, which came into force on October 31, 2008, provides the legislative authority for an inspector or peace officer to obtain a warrant to enter into a dwelling house to inspect, but it does not give the necessary authority to an inspector or peace officer to seize and remove anything referred to in the warrant.

The only way seizure can be authorized after a search of a dwelling house pursuant to Section 112 of the Liquor Act is if amendments are made to the act specifically allowing for a seizure.

Bill 12 amends the Liquor Act to provide the inspector or peace officer with the legislative ability to obtain a warrant to search and seize, not just to search.

That concludes my opening remarks. Thank you, Mr. Chairman.

Thank you, Mr. Miltenberger. At this time I’d like to ask the standing committee who reviewed the bill if they have any comments. Mr. Menicoche.

Thank you, Mr. Chairman. The Standing Committee on Government Operations has reviewed Bill 12, An Act to Amend the Liquor Act. The bill amends the Liquor Qct to allow for an inspector or peace officer to seize and remove anything referred to in a warrant for the search of a dwelling house.

This concludes the committee’s general comments on Bill 12. Individual Members may have comments or questions as we proceed.

At this time I would like to ask the Minister if he will be bringing in witnesses.

Does committee agree that the Minister may bring in witnesses?

Agreed.

Sergeant-at-Arms, please escort the witnesses in.

For the record, Mr. Miltenberger, could you introduce your witnesses?

Thank you, Mr. Chairman. I have Margaret Melhorn, deputy minister of Finance; and Ms. Lana Birch-Rideout, legislative counsel from Justice.

Welcome, witnesses. Mr. Abernethy, general comments on the bill.

Thank you, Mr. Chairman. Just for the record, this Liquor Act came into force on October 30, 2008. Prior to this act coming into place, did peace officers who obtain a warrant have the ability to seize prior to that point under the old legislation?

Minister of Finance.

So this is basically to return that power that once existed that got missed by way of some sort of oversight.

The Member is correct.

General comments on Bill 12. Mr. Yakeleya.

Just a comment. The peace officers, are they the ones that are sworn in such as bylaw officers in terms of their authority as a peace officer?