Thank you, Mr. Moses. The motion has been distributed. To the motion. Ms. Bisaro.
Thanks, Madam Chair. This report had one motion, but it had a number of recommended actions. I just wanted to mention a couple of the recommended actions and some of the discussion that happened at committee in the development of this report on this bill.
First of all, there was quite a bit of interest, and I want to compliment the Department of Justice for the consultation process that they went through. They did get quite a bit of interest from stakeholders, quite a number of submissions, and they considered all of the issues that were brought forward by the stakeholders who made submissions. They didn’t accept them all, but they did certainly consider them. From what we got at committee, the department provided pretty good rationale as to why they didn’t incorporate some of the suggestions from the stakeholders.
For me, the biggest issue and one that provided difficulty for me as a committee member, and I think we were stuck, I guess, as a committee on the issue of transition housing. It’s not covered under the Residential Tenancies Act currently and the department chose to continue that exclusion of transitional housing in the act. There is no amendment to deal with transition housing in this bill that’s going to come before us. There are two recommendations from committee. One is that the department provide a definition of transition housing in the next round of statutory amendments to this bill and, secondly, that the Department of Justice provide better protection for transition housing tenants against unreasonable restrictions on personal freedom and arbitrary evidence. Actually, there’s one more, that there be a definition of transition housing in the regulations attached to this bill.
There was quite a bit of strong feeling on the part of at least some of committee that transition housing tenants do not have the same protection under the Residential Tenancies Act that any other tenant does, and many of the transition housing suppliers and providers don’t want their housing to be covered under the Residential Tenancies Act. I would say the submissions were pretty much divided 50/50, so I can understand why the department chose to keep the status quo. But I think there needs to be very strong consideration of the human rights aspect of tenants in transition housing, and I think, to make it clear and to make it easy for the rental officer to deal with situations of tenants and landlords, there needs to be a definition of transitional housing. The act specifically excludes it, but it doesn’t define it. I think that that’s something that is missing, and I sincerely hope that the department will make that adjustment the next time this act comes forward for amendment. That’s all I have.
Thank you, Ms. Bisaro. Any further comments on the motion? To the motion.
Question.
Question has been called. The motion is carried.
---Carried
Does committee agree that that concludes consideration of Committee Report 13-17(5)?
Agreed.
Now we’ll move to Bill 42, An Act to Amend the Residential Tenancies Act, and I would like to ask Minister Abernethy if he would like to deliver the department’s opening comments on the bill. Minister Abernethy.
Thank you, Madam Chair. I am pleased to be here for the Department of Justice to introduce Bill 42, An Act to Amend the Residential Tenancies Act.
Bill 42 addresses a number of concerns that have been brought to the attention of the Department of Justice through a series of engagements with stakeholders.
It includes amendments which will ensure that orders of the rental officer are enforceable by permitting them to be filed in the Supreme Court instead of the Territorial Court, allow a victim of family violence to make an application to terminate a tenancy agreement, and establish regulation-making authority to set fees for filing applications with the rental office.
These and other changes provided for in the bill will ensure that the Residential Tenancies Act continues to effectively govern the relationship between landlords and tenants, while defining and striking a balance between the rights and obligations of each.
The department undertook significant consultations while developing this bill. This process started with a review of the act during the fall of 2012. Information about the review and the issues identified was shared with the Standing Committee on Social Programs in December 2012. This early work allowed the department to focus on eight core issues in the development of a consultation document distributed in August 2013 to a list of housing stakeholders and MLAs and made available to the general public through the department’s website.
The consultation closed on September 30, 2013. At the request of stakeholders, departmental officials met in person to explain and discuss potential amendments to the act. This included meetings with the Coalition Against Family Violence, the Yellowknife Homelessness Coalition, the NWT Housing Corporation and the two rental officers. Submissions were received from housing organizations, landlords, territorial and community agencies and individuals. The deputy rental officer and the NWT Housing Corporation also submitted responses to the consultation paper. Suggestions for improvements to the act were received from MLAs and were considered as part of the consultation.
I would like to thank the Standing Committee on Social Programs for its review of Bill 42 and for its willingness to advance two motions that have improved the legislation before you today. I would be pleased to answer any questions that Members may have regarding Bill 42. Thank you.
Thank you, Minister Abernethy. At this time I would like to ask the Minister if he would like to bring witnesses into the Chamber.
I would, Madam Chair.
Thank you, Minister Abernethy. Does committee agree?
Agreed.
I will ask the Sergeant-at-Arms to please escort the witnesses to the table.
Minister Abernethy, for the record, could you please introduce your witnesses.
Thank you, Madam Chair. With me on my left is Mark Aitken, the assistant deputy minister and Attorney General of the Northwest Territories. On my far right is Emily Ingarfield, the manager of policy and planning. Beside me on my right is Ken Chutskoff, who is legislative counsel working on this particular piece of legislation.
Thank you, Minister Abernethy. Bill 42, An Act to Amend the Residential Tenancies Act. General comments?
Detail.
Detail. Okay, thank you. Clause 1.
---Clauses 1 through 16 inclusive approved
The bill as a whole?
Agreed.
Does committee agree that Bill 42 is ready for third reading?
---Bill 42 as a whole approved for third reading
Minister Abernethy.
Thank you, Madam Chair. I would just like to take another opportunity to thank standing committee for all their hard work on this bill. I know it was a significant amount of work. I would also like to thank the department and all the staff who worked on this. They did a significant amount of work and a significant amount of analysis in order to get this right, so I’d like just to take this opportunity to thank all the staff here as well as the staff in the department and the standing committee.
Thank you very much, Minister Abernethy, and thank you to the officials who joined us here today. Sergeant-at-Arms, please escort the witnesses from the Chamber.
What is the wish of the committee? Ms. Bisaro.
Thank you, Madam Chair. I move that we report progress.
Thank you. The motion is in order. The motion is carried.
---Carried
I will now rise and report progress.
Thank you, Mr. Speaker. Your committee has been considering Bill 42, An Act to Amend the Residential Tenancies Act; and Committee Report 13-17(5), Standing Committee on Social Programs Report on the Review of Bill 42: An Act to Amend the Residential Tenancies Act; and would like to report progress with one motion being adopted and that Committee Report 13-17(5) is concluded and that Bill 42 is ready for third reading. I move that the report of Committee of the Whole be concurred with. Thank you, Mr. Speaker.
Thank you, Mrs. Groenewegen. Do I have a seconder? Mr. Menicoche.
---Carried
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Yellowknife South, that Bill 12, Northern Employee Benefits Services Pension Plan Act, be read for the third time. Thank you, Mr. Speaker.
Thank you, Mr. Miltenberger. The motion is in order. To the motion.
Question.
Question has been called. Bill 12, Northern Employee Benefits Services Pension Plan Act, has had third reading.
---Carried
Mr. Abernethy.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Thebacha, that Bill 36, Health and Social Services Professions Act, be read for the third time.
Thank you, Mr. Abernethy. The motion is in order. To the motion.
Question.
Question has been called. Bill 36, Health and Social Services Professions Act, has had third reading.
---Carried
Orders of the day for Thursday, March 12, 2015, at 1:30 p.m.:
Prayer
Ministers’ Statements
Members’ Statements
Reports of Standing and Special Committees
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 Committees on the Review of Bills
Tabling of Documents
Notices of Motion
Notices of Motion for First Reading of Bills
Motions
Motion 41-17(5), Repeal and Replace Rules of the Legislative Assembly of the Northwest Territories
Motion 42-17(5), Extended Adjournment of the House to May 27, 2015
First Reading of Bills
Bill 48, An Act to Amend the Mental Health Act
Bill 50, Appropriation Act (Operations Expenditures), 2015-2016
Bill 51, Supplementary Appropriation Act (Infrastructure Expenditures), No. 5, 2014-2015
Bill 52, Supplementary Appropriation Act (Operations Expenditures), No. 3, 2014-2015
Bill 53, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2015-2016
Bill 54, An Act to Amend the Forest Management Act
Second Reading of Bills
Consideration in Committee of the Whole of Bills and Other Matters
Committee Report 14-17(5),
Report of Committee of the Whole
Third Reading of Bills
Bill 42, An Act to Amend the Residential Tenancies Act
Orders of the Day
Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Thursday, March 12th, at 1:30 p.m.
---ADJOURNMENT
The House adjourned at 5:02 p.m.
