Debates of October 27, 2009 (day 8)

Date
October
27
2009
Session
16th Assembly, 4th Session
Day
8
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, 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
Speaker: MR. SPEAKER

Bill 1 has had first reading.

---Carried

Item 19, second reading of bills. The honourable Minister of Finance, Mr. Miltenberger.

Mr. Speaker, I seek consent to proceed with the second reading of Bill 1, An Act to Amend the Petroleum Products Tax Act.

Second Reading of Bills

BILL 1: AN ACT TO AMEND THE PETROLEUM PRODUCTS TAX ACT

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Range Lake, that Bill 1, An Act to Amend the Petroleum Products Tax Act, be read for the second time.

Mr. Speaker, this bill amends the Petroleum Products Tax Act to replace the defined term “motor vehicle” with the new defined term “mobile machine” and to provide for application and commencement matters. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 1 has had second reading.

---Carried

The honourable Minister of Finance, Mr. Miltenberger.

Mr. Speaker, I seek unanimous consent to waive Rule 69(2) and have Bill 1 moved into Committee of the Whole for today. Thank you.

Speaker: MR. SPEAKER

Bill 1 will be moved into Committee of the Whole for consideration today.

---Unanimous consent granted.

Item 20, consideration in Committee of the Whole of bills and other matters: Tabled Document 1-16(4), NWT Capital Estimates 2010-2011; Tabled Document 18-16(4), Supplementary Appropriation No. 2 (Operations Expenditures), 2009-2010; Tabled Document 19-16(4), Supplementary Appropriation No. 3 (Infrastructure Expenditures), 2009-2010; Committee Report 1-16(4), Standing Committee on Government Operations Report on the Review of the Information and Privacy Commissioner’s 2006-2007 and 2007-2008 Annual Reports; Committee Report 2-16(4), Standing Committee on Government Operations Report on the Review of the Auditor General on Contracting for Goods and Services in the Northwest Territories; and Bill 1, An Act to Amend the Petroleum Products Tax Act, 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. We have several items in Committee of the Whole: Tabled Document 1-16(4), Tabled Document 18-16(4), Tabled Document 19-16(4), Committee Report 1-16(4), Committee Report 2-16(4), and Bill 1. What is the wish of the committee? Mrs. Groenewegen.

Thank you, Mr. Chairman. The wish of the committee today is to deal with Bill 1, An Act to Amend the Petroleum Products Tax Act. Thank you, Mr. Chairman.

Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

With that, we will deal with Bill 1. I would like to ask the Minister responsible for the bill if he has some general comments. The Minister of Finance, Mr. Miltenberger.

Thank you, Mr. Chairman. I am pleased to introduce Bill 1, An Act to Amend the Petroleum Products Tax Act. This bill will address the ambiguity with the definition of the type of equipment that is subject to the motive diesel tax rate when consuming diesel fuel in its operation.

The new definition will clarify the intent of the Petroleum Products Tax Act that, with some exceptions, the motive diesel tax rate applies to all mechanical mobile contrivances including motor vehicles, cranes, excavators, backhoes, and drills on tracks if they are self-propelled when powered by diesel fuel.

The proposed amendment will be retroactive to 1991 and will come into force immediately upon assent.

Although not commonly used by the NWT, retroactive legislation of this nature has been used in similar circumstances in other jurisdictions in Canada.

This amendment is a very narrow one, focussing on one very specific issue. We recognize that the Petroleum Products Tax Act is a very old act, requiring review and updating to reflect the current environment. Work is ongoing in this regard. Mr. Chairman, that concludes my opening remarks. Thank you.

I would like to ask the Minister if he would like to bring in any witnesses.

Does the committee agree that the Minister brings in his witnesses?

Speaker: SOME HON. MEMBERS

Agreed.

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

At this time, I would like to ask the Minister to introduce his witnesses. Mr. Miltenberger.

Thank you, Mr. Chairman. Margaret Melhorn, deputy minister of Finance; Mark Aitken, director of legislation, Department of Justice.

Thank you, Mr. Minister. Welcome, witnesses. Are there any general comments in regards to Bill 1? Detail?

Speaker: SOME HON. MEMBERS

Agreed.

If I can ask Members to turn to page 1 of the bill.

Speaker: SOME HON. MEMBERS

Agreed.

Clause 1.

---Clauses 1 through 4 inclusive approved.

To the bill as a whole.

Speaker: SOME HONOURABLE MEMBERS

Agreed.

Does committee agree that Bill 1 is ready for third reading?

---Bill 1 as a whole approved for third reading.

Bill 1 is now ready for third reading. Thank you. I would like to thank the Minister and his witnesses. What is the wish of the committee? Mrs. Groenewegen.

Mr. Chairman, I move that we report progress.

---Carried

Report of Committee of the Whole

Speaker: MR. SPEAKER

Can I have the report of Committee of the Whole, please? Mr. Krutko.

Mr. Speaker, your committee has been considering Bill 1, An Act to Amend the Petroleum Products Tax Act. I would like to report that Bill 1 is ready for third reading. Mr. Speaker, I move that the report of Committee of the Whole be concurred with.

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. A motion is on the floor. Do we have a seconder? The honourable Member for Frame Lake, Ms. Bisaro.

---Carried

Item 22, third reading of bills. The honourable Minister of Finance, Mr. Miltenberger.

Mr. Speaker, I seek consent to proceed with third reading of Bill 1, An Act to Amend the Petroleum Products Tax Act. Thank you.

Third Reading of Bills

BILL 1: AN ACT TO AMEND THE PETROLEUM PRODUCTS TAX ACT

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Range Lake, that Bill 1, An Act to Amend the Petroleum Products Tax Act, be read for the third time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Bill 1 has had third reading.

---Carried

ASSENT TO BILLS

Please be seated. Monsieur le president, monsieur le premier ministre, messieurs et mesdames les deputes, mesdames et messieurs, et amis, friends, Mr. Speaker, Mr. Premier and Members of the Legislative Assembly.

As Commissioner of the Northwest Territories, I am pleased to asset to the following bill:

Bill 1, An Act to Amend the Petroleum Products Tax Act

Thank you, merci, quanami, mahsi cho.

---Applause

Orders of the Day

Speaker: Mr. Mercer

Orders of the day for Wednesday, October 28th, 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

Second Reading of Bills

Consideration in Committee of the Whole of Bills and Other Matters

Tabled Document 1-16(4), NWT Capital Estimates 2010-2011

Tabled Document 18-16(4), Supplementary Appropriation No. 2 (Operations Expenditures), 2009-2010

Tabled Document 19-16(4), Supplementary Appropriation No. 3 (Infrastructure Expenditures), 2009-2010

Committee Report 1-16(4), Report on the Review of the Information and Privacy Commissioner’s 2006-2007 and 2007-2008 Annual Reports

Committee Report 2-16(4), Report on the Review of the Auditor General on Contracting for Goods and Services in the Northwest Territories

Report of Committee of the Whole

Third Reading of Bills

Orders of the Day

Speaker: MR. SPEAKER

Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Wednesday, October 28th, at 1:30 p.m.

---ADJOURNMENT

The House adjourned at 15:29 p.m.