Thank you, Mr. Chairman. Mr. Chairman, I’d like to move a motion.
I move that Bill 4, An Act to Amend the Child and Family Services Act, be amended by adding the following after clause 16:
17(1)
Subject to subsection (2), this Act comes into force on assent.
(2)
Section 16 comes into force on a day to be fixed by order of the Commissioner.
The motion is in order. To the motion.
Question.
Question is being called.
---Carried
[Microphone turned off.] …as amended.
Agreed.
Does committee agree that Bill 4 is now ready for third reading as amended?
---Bill 4 as a whole approved for third reading
Committee, Bill 4 is now ready for third reading as amended.
With that, I’d like to thank the Minister and thank the witnesses. Sergeant-at-Arms, please escort the witness out.
As we agreed, the next bill we will be dealing with is Bill 5, An Act to Amend the Commissioner’s Land Act. With that, I’d like to ask the Minister responsible to introduce the bill. Mr. Robert C. McLeod.
Thank you, Mr. Chair. Mr. Chair, Bill 5 has been brought forward as a result of a recommendation from the Standing Committee on Economic Development and Infrastructure, in May of 2009, to strengthen security requirements for commercial or industrial leases of Commissioner’s land.
The goal is to require enough security to cover the costs of any remediation required to return the land to a condition that is satisfactory to the Minister or a person authorized in the regulations.
The bill contains clauses making performance security a condition of commercial and industrial leases, it sets out the factors to be considered when determining the amount of the security, and includes a new regulation-making authority respecting the position of security for commercial and industrial leases. The bill before committee today also includes some additional amendments that I was happy to concur with during clause-by-clause review by the Standing Committee on Economic Development and Infrastructure.
I am prepared to answer any questions you may have.
At this time I’d like to ask the chair of the standing committee if he has any comments in regard to the bill. Mr. Ramsay.
Thank you, Mr. Chairman. Bill 5, An Act to Amend the Commissioner’s Land Act, includes an amendment that requires anyone leasing Commissioner’s land for commercial or industrial use to post security to cover the cost of restoration of the land to a satisfactory condition. The Standing Committee on Economic Development and Infrastructure conducted two public hearings on Bill 5, An Act to Amend the Commissioner’s Land Act, one on December the 8, 2009, and one on February 15, 2010.
The committee heard concerns from members of the public, a private citizen and a representative of the Deh Cho First Nations. The committee brought forward some amendments to the bill at the public review on February 15, 2010. The proposed amendments move the factors used to determine the amount of security from the regulations into the act, as well as conditions for the exemption from posting security.
Members believe these amendments result in stronger legislation that reduces the Government of the Northwest Territories’ risk of environmental liability. The Minister concurred and the bill was amended. The committee thanks the Minister and his staff for presenting the bill. Following the committee’s review, a motion was carried to report Bill 5, An Act to Amend the Commissioner’s Land Act, to the Assembly as ready for Committee of the Whole. This concludes the committee’s opening comments on Bill 5. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.
Thank you, Mr. Ramsay. At this time, I’d like to ask the Minister if he’ll be bringing in any witnesses. Mr. McLeod.
Thank you, Mr. Chair, I would.
Does committee agree the Minister brings in his witnesses?
Agreed.
Sergeant-at-Arms, escort the witnesses in.
For the record, Mr. Minister, can you introduce your witnesses?
Thank you, Mr. Chair. I have with me today, to my right, Mr. Mike Aumond, deputy minister of Municipal and Community Affairs. To my far left is Mr. Mark Aitken, director of legislation, and to my immediate left is Ms. Bev Chamberlin, director of lands administration with Municipal and Community Affairs. Thank you, Mr. Chair.
Thank you, Mr. Minister. Welcome, witnesses. General comments in regard to Bill 5, An Act to Amend the Commissioner’s Lands Act. What’s the wish of the committee? Detail? Turn to page 1 of the bill. Bill 5, An Act to Amend the Commissioner’s Land Act, clause 1.
---Clauses 1 through 4 inclusive approved
To the bill as a whole.
Agreed.
Does committee agree that Bill 5 is now ready for third reading?
---Bill 5 as a whole approved for third reading
With that, I’d like to thank the Minister. Thank you, witnesses. Sergeant-at-Arms, escort the witnesses out.
As we agreed, the next bill we’ll be dealing with is Bill 7, An Act to Amend the Summary Convictions Procedures Act. I’d like to ask the Minister of Justice if he has any general comments. Minister.
Yes, Mr. Chair. I’m pleased to be here to speak to you about Bill 7, An Act to Amend the Summary Convictions Procedures Act. I would like to thank the Standing Committee on Social Programs for their review of this bill. The Summary Conviction Procedures Act allows for a ticket to be issued to a person who is accused of committing an offense under a territorial law or municipal bylaw. The ticket indicates the amount of the voluntary payment for an offense, as well as the date on which the person is obligated to attend court if the person wishes to challenge the ticket.
Mr. Chair, the act outlines the procedures that need to be followed in order to convict a person who has failed to pay a ticket or attend court. This usually involves holding a trial in which the accused is not present, which involves calling a peace officer such as an RCMP or bylaw officer to the witness stand to provide sworn testimony about how the ticket came into existence. This results in policing and court resources being used in a less than efficient manner.
The bill before you today was developed at the request of the RCMP, the City of Yellowknife, the Northwest Territories Association of Communities, and the Territorial Court. The main reason for the bill is to permit a court to automatically convict a person who receives a ticket if that person neither pays the ticket nor appears in court to contest the ticket. One of the proposed amendments removes the need to hold an unnecessary trial when a person fails to show up to court.
Mr. Chair, other amendments in this bill will also raise the maximum fine from $150 to $500 for failure to appear in court as required under the act. The fine amount has not been changed since 1986. The proposed increase takes into consideration inflation, while also encouraging individuals to appear in court if they wish to dispute the charge. The bill also includes minor amendments to clarify a provision relating to ticket information, and to ensure that the terminology is consistent throughout the act.
The Department of Justice is pleased that these amendments will save both time and money for courts and peace officers, which will in turn allow peace officers to spend more time serving the residents of the Northwest Territories.
Mr. Chair. I would be pleased to answer questions that the committee members may have regarding Bill 7. Mahsi, Mr. Chair.
Thank you, Mr. Minister. At this time I would like to ask the chair of the standing committee which reviewed the bill if you have any comments. Mr. Beaulieu.
Thank you, Mr. Chair. The Standing Committee on Social Programs conducted a public review of Bill 7, An Act to Amend the Summary Convictions Procedures Act, at a meeting on December 11, 2009. Bill 7 makes amendments to the Summary Conviction Procedures Act. The amendments will allow a justice to enter a conviction and impose the specific penalty in cases where a person who has been summonsed to appear before the justice by way of a ticket fails to either pay the specific penalty or to appear as summonsed. As well, Bill 7 increases the maximum fine for failing to appear before a justice as required, and other minor amendments are made to the terminology.
Following a clause-by-clause review, a motion was carried to report to the Assembly that Bill 7 is now ready for consideration in Committee of the Whole.
This concludes the committee’s general comments. Individual Members may have comments or questions as we proceed. Thank you, Mr. Chairman.
Thank you, Mr. Beaulieu. At this time I’d like to ask the Minister if he’ll be bringing in any witnesses.
Yes, Mr. Chair.
Agreed.
Sergeant-at-Arms, can you escort the witnesses in?
Mr. Minister, for the record, could you introduce your witnesses?
Mahsi, Mr. Chair. To my right I have Mark Aitken, director of legislation division and to my left, Mike Reddy, senior policy analyst, policy and planning division. Mahsi, Mr. Chair.
Thank you, Mr. Minister. Welcome, witnesses. General comments in regard to Bill 7, An Act to Amend the Summary Convictions Procedures Act. General comments? Detail? Turn to page 1, Bill 7, An Act to Amend the Summary Convictions Procedures Act, clause 1.
---Clauses 1 through 5 inclusive approved
To the bill as a whole.
Agreed.
Does committee agree that Bill 7 is ready for third reading?
---Bill 7 as a whole approved for third reading
Bill 7 is now ready for third reading. With that, I’d like to thank the Minister and thank the witnesses. Sergeant-at-Arms, please escort the witnesses out.
The next bill we agreed to deal with is Bill 10, Exemptions Act. At this time, I’d like to ask the Minister if he can introduce the bill. Minister Lafferty.
Mahsi, Mr. Chair. Mr. Chair, I am pleased to be here today to speak about Bill 10, Exemptions Act. I would like to thank the Standing Committee on Social Programs for its review of this bill.
The Exemptions Act is used when one person owes money to another. It limits the types and amount of property that can be seized or garnisheed by a creditor as part of the enforcement process. The current act was enacted in 1948 and is now very out of date. The amounts of money and categories of property that can be kept haven’t changed since then, other than a change to the amount of wages that the debtor can keep in each pay period.
The main purpose of the bill is to set out exemptions amounts for categories of property under the current act. The bill also updates the categories and descriptions of property that are exempt from seizure. The new act strikes a balance between the rights of creditors to enforce a debt and the need for debtors to maintain enough assets and income to live, provide for their dependents, and maintain a means to repay the debt. For example, debtors will be able to keep things like medical aids and property traditionally used in subsistence hunting or fishing.
The need to update the existing Exemptions Act has been raised by Members of past Legislative Assemblies, and the bill before you meets the commitment Justice made to amend the legislation during this Assembly.
I would be pleased to answer any questions that the committee members may have regarding Bill 10. Mahsi.
Thank you, Mr. Minister. With that, I’d like to ask the chair of the standing committee that reviewed the bill if he has any comments on the bill. Mr. Beaulieu.
Thank you, Mr. Chairman. Mr. Chairman, the Standing Committee on Social Programs conducted its public review of Bill 10, Exemptions Act, on February 17, 2010. The committee would like to thank the Minister and his staff for presenting the bill.
The bill repeals and replaces the existing Exemptions Act. In the new act, property categories that are exempt from legal seizure are expanded to include types of property essential for subsistence of the debtor and his or her dependents. The Public Service Garnishee Act is also amended.
Following discussions which took place during the public review, the committee will be moving an amendment to include trapping in the description of subsistence activities included in the bill.
Following the committee’s review, a motion was carried to report Bill 10, Exemptions Act, to the Assembly as ready for consideration in Committee of the Whole.
This concludes the committee’s opening comments on Bill 10. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.
Thank you, Mr. Beaulieu. I’d like to ask the Minister of Justice if he will be bringing in any witnesses. Mr. Lafferty.
Yes, Mr. Chair.
Does committee agree the Minister brings in his witnesses?
Agreed.
Sergeant-at-Arms, please escort the witnesses in.
Mr. Minister, can you introduce your witnesses, please?
Mahsi, Mr. Chair. Mr. Chair, to my right is Ian Rennie, legislative counsel, legislation division. To my left is Mike Reddy, senior policy analyst, policy and planning division. Mahsi.
Thank you, Mr. Minister. Welcome, witnesses. General comments on Bill 10, Exemptions Act. Detail? Can we turn to page 1, Bill 10, Exemptions Act, clause 1.
Agreed.
Clause 2, Mr. Bromley.
