Thank you, Mr. Speaker. My question is for the Minister of Justice. Has the GNWT ever laid a charge under its Residential Tenancies Act?
Thank you, Member for Yellowknife North. Minister of Justice.
Mr. Speaker, in fact, we have once -- once -- to my knowledge laid a charge, back in 2001.
That one charge, I believe, points to the larger systemic issue that it is not worth pursuing a prosecution under our Residential Tenancies Act, as presently the maximum fine available to a corporation is $25,000. I talked about Northview earlier today; $25,000 is not even a rounding error on a multi-million-dollar corporation. My question for the Minister of Justice is: is the $25,000 fine for corporations under our Residential Tenancies Act consistent with best practices?
The maximum fine of $25,000 is actually among the highest in all of the country. To my knowledge, there are only two provinces or territories that have significantly higher fines, and a third, namely Quebec, that has a fine set at $29,000. We are in line with what is happening in other jurisdictions.
One of the issues with fines is that, in a residential tenancies dispute between a landlord and a tenant, the fine then goes to the GNWT, which doesn't necessarily resolve the issue. Under more recent legislation in the Northwest Territories, we have provided territorial judges with a suite of remedial powers, such as orders that would allow some of that money to then go to the tenant in the dispute. Is it best practice to provide our territorial judges with remedial powers under the Residential Tenancies Act?
The powers under the Residential Tenancies Act were recently transferred from being restricted to the Territorial Court to Supreme Court, which certainly did increase the suite of options available to judges and improve the options in terms of their enforceability. The Residential Tenancies Act is aimed at essentially settling disputes between individuals who have civil disputes. Certainly, the suggestion that there should be powers more akin to criminal law powers is not going to be appropriate or even possible within the jurisdiction of the act. To that extent, in my view, it is already doing what it can to provide options for tenants to take action and to enforce their orders and to do so within the powers that are available within our court services.
Thank you, Minister. Final supplementary, Member for Yellowknife North.
Thank you, Mr. Speaker. I believe we have found ourselves in a situation where, in only ever laying one charge, even if it is aligned with other jurisdictions, the North does not have any tools to address such systemic abuses. My question is on a larger scale. Does the Department of Justice regularly review the various offences and penalties sections across NWT legislation to assure they are consistent with what other jurisdictions are doing and best practices? Thank you, Mr. Speaker.
There is not a set program in place to review every single set of regulatory enforcement penalties that are available under every single piece of legislation. That certainly is something that is done when individual items of legislation or regulations are up for review, which is indeed when the Residential Tenancies Act itself sought itself to receive an update in terms of the fine provisions that are included therein. Thank you, Mr. Speaker.
Thank you, Minister. Oral questions. Member for Inuvik Twin Lakes.
