Debates of May 29, 2023 (day 156)

Date
May
29
2023
Session
19th Assembly, 2nd Session
Day
156
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O’Reilly, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon Armstrong
Topics
Statements

Tabled Document 933-19(2): Environmental Rights Act Annual Report 2022-2023

Tabled Document 934-19(2): Northwest Territories Surface Rights Board Annual Work Plan and Budget (Core Funding for 2023/24

Mr. Speaker, I wish to table the following two documents: Environmental Rights Act Annual Report 20222023; and, the NWT Surface Rights Board Annual Work Plan and Budget (Core Funding) for 20232024. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Tabling of documents. Minister responsible for Education, Culture and Employment.

Tabled Document 935-19(2): Government of the Northwest Territories Response to Committee Report 43-19(2): Report on the Review of Bill 63: An Act to Amend the Official Languages Act

Tabled Document 936-19(2): Government of the Northwest Territories Response to Committee Report 48-19(2): Report on the Review of Bill 68: An Act to Amend the Child Day Care Act

Tabled Document 937-19(2): Government of the Northwest Territories Response to Committee Report 49-19(2): Report on the 2021-2022 Review of the Official Languages Act

Tabled Document 938-19(2): Government of the Northwest Territories Response to Motion 75-19(2): Maximum Allowable Rent Increase for Private Rental Units

Mr. Speaker, I wish to table the following four documents: Government of the Northwest Territories Response to Committee Report 4319(2): Report on the Review of Bill 63, An Act to Amend the Official Languages Act; Government of the Northwest Territories Response to Committee Report 4819(2): Report on the Review of Bill 68, An Act to Amend the Child Day Care Act; Government of the Northwest Territories Response to Committee Report 4919(2): Report on the 20212022 Review of the Official Languages Act; and, the Government of the Northwest Territories Response to Motion 7519(2), Maximum Allowable Rent Increase for Private Rental Units. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Tabling of documents. Minister responsible for infrastructure.

Tabled Document 939-19(2): 2022 Annual Report to the Legislative Assembly Under the Transportation of Dangerous Goods Act

Mr. Speaker, I wish to table the following document: 2022 Annual Report on the Legislative Assembly Under the Transportation of Dangerous Goods Act. Thank you, Mr. Speaker.

Notices of Motion for the First Reading of Bills

Bill 92: An Act to Amend the Petroleum Products and Carbon Tax Act, No. 3

Mr. Speaker, I give notice that on Wednesday, May 31st, 2023, I will present Bill 92, An Act to Amend the Petroleum Products and Carbon Tax Act, No. 3, to be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Colleagues, we will take a short recess.

SHORT RECESS.

First Reading of Bills

Bill 90: An Act to Amend the Legislative Assembly and Executive Council Act, No. 5

Thank you, Mr. Speaker. Mr. Speaker, I wish to present to the House Bill 90, An Act to Amend the Legislative Assembly and Executive Council Act, No. 5, to be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. First reading of bills. Member for Frame Lake.

Bill 91: An Act to Amend the Petroleum Products and Carbon Tax Act, No. 2

Merci, Monsieur le President. Mr. Speaker, I wish to present to the House Bill 91, An Act to Amend the Petroleum Products and Carbon Tax Act, No. 2, to be read for the first time. Mahsi, Mr. Speaker.

Consideration in Committee of the Whole of Bills and Other Matters

I now call Committee of the Whole to order. What is the wish of committee? Member for Frame Lake.

Merci, Madame la Présidente. Committee wishes to consider Bill 79. Mahsi.

Thank you. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. We will take a short recess and resume with Bill 79.

SHORT RECESS.

I now call Committee of the Whole back to order. Committee, we've agreed to consider Bill 79, An Act to Amend the Judicature Act. I will ask the Minister of Justice to introduce the bill.

Thank you, Madam Chair. I am here today to present Bill 79, An Act to Amend the Judicature Act.

The purpose of Bill 79 is to bring the Northwest Territories into compliance with the Canadian Free Trade Agreement; and, to make unrelated improvements to the functioning of the Court of Appeal.

The Canadian Free Trade Agreement is an intergovernmental agreement between the Canadian provinces and territories which has replaced the former Agreement on Internal Trade. The Government of the Northwest Territories signed the new agreement in April 2017 and is now obligated to make changes to our legislation which will ensure trade orders of a presiding body or compliance panel established under the agreement have, once filed, the same force and effect as an order of our superior court. This amendment will come into effect retroactively to January 1st, 2019.

During engagement with the judiciary, two unrelated additional changes were suggested that could help improve the functioning of the Court of Appeal. The Act will be amended to provide that a Court of Appeal judge who ceases to hold office may still grant judgment on pending matters within a certain timeframe. It will also be amended to provide that if a judge who has sat on a Court of Appeal panel is unable to continue with a case, the other two judges may render judgment on the appeal if it is unanimous. This will reduce the need for cases to be reheard should a presiding judge become unavailable to conclude a case in these circumstances.

This concludes my opening remarks, and I will be pleased to answer any questions that committee members may have. Thank you.

Thank you. Minister, would you like to bring witnesses into the chamber?

Thank you. SergeantAtArms, please escort the witnesses into the Chamber.

Minister, please introduce your witnesses.

With me today, I have Ian Rennie, legislative counsel with the Department of Justice; and, Paul McKenna, legal counsel with the Department of Justice. Thank you.

Thank you. I will now turn to the chair of the Standing Committee on Social Development, the committee that reviewed the bill, for any opening comments on Bill 79. Member for Kam Lake.

Bill 79: An Act to Amend the Judicature Act, Carried

Thank you very much, Madam Chair. Madam Chair, Bill 79, An Act to Amend the Judicature Act, received second reading in the Legislative Assembly on March 29th, 2023, and was referred to the Standing Committee on Social Development for review.

Bill 79 brings the Government of the Northwest Territories into compliance with requirements under the Canada Free Trade Agreement and addresses two concerns raised by the judiciary.

In the committee's review of the bill, no stakeholder submissions were received. The committee had no concerns with the bill either.

The clausebyclause review of Bill 79 was held on May 24th, 2023, and I would like to thank the committee for its work on the review of Bill 79. And individual Members may have questions or comments for the Minister at this time. Thank you.

Thank you. I will now open the floor to general comments on Bill 79. Does committee agree that there are no general comments?

Speaker: SOME HON. MEMBERS

Agreed.

Can we proceed to a clause by clause we review of the bill?

Speaker: SOME HON. MEMBERS

Agreed.

Committee, we will defer the bill number and title until after consideration of the clauses. Please turn to page 1 of the bill.

Clause 1, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clause 2, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clause 3, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clause 4, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Committee, to the bill as a whole, does committee agree that Bill 79, An Act to Amend the Judicature Act, is now ready for third reading?