Debates of May 31, 2022 (day 115)

Date
May
31
2022
Session
19th Assembly, 2nd Session
Day
115
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. C. Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon-Armstrong.
Topics
Statements

Oral Question 1118-19(2): Builders Lien Act

Thank you very much, Mr. Speaker. Mr. Speaker, my questions today are for the Minister of Justice in regards to the Builders Lien Act.

Multiple NWT businesses are asking and calling for modern legislation in regards to the builders lien legislation. Following public engagement in March of 2021, the Department of Justice tabled and public shared published a What We Heard report. And in that report, it indicated that a bill would be brought forward later in 2021 but the bill still has not been tabled. And so I'm wondering what has held up this work. Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Kam Lake. Minister responsible for Justice.

Thank you, Mr. Speaker. So the department is currently drafting the bill for the new Builders Lien Act, which will replace the existing Mechanics Lien Act, which is quite a bold piece of legislation. The legislative proposal, which is one of the very first steps in turning a need into a law, was submitted in summer of 2021, was approved in late November, and the drafting began earlier this year.

The department was hoping to introduce the bill last year but, you know, things take time and it's fallen a bit behind. Nonetheless, we are considering all the feedback that the Member referenced and hope to have this bill ready soon. Thank you.

Thank you very much, Mr. Speaker. Mr. Speaker, can the Minister confirm if we can expect a bill to be tabled in the House in the fall session? Thank you.

Thank you, Mr. Speaker. That's the plan.

Thank you very much, Mr. Speaker. Mr. Speaker, based on feedback from residents, can the Minister give us an idea of the scope of what will be included in the bill from what they heard in the What We Heard report? Thank you.

Thank you, Mr. Speaker. And there's been really no major amendments since 1980s on that bill so that's why it's a repeal and replace essentially.

So in terms of scope, the purpose of the legislation is to ensure that parties who contribute work, labour, or materials to a construction project in the NWT are paid and to provide a remedy if they are not. Lien legislation also creates stability and predictability for owners of construction projects by setting out obligations they have to other parties involved in the project. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary, Member for Kam Lake.

Thank you very much, Minister. Minister, can the sorry, thank you very much, Mr. Speaker.

Mr. Speaker, can the Minister confirm if the bill will include mediation or arbitration as an alternative to court solutions? Thank you.

Thank you, Mr. Speaker. So the department has considered mandatory arbitration within the bill but is not contemplating this further based on the feedback that we received from the public. However, nothing in the bill will interfere with or prohibit the application of the Arbitration Act. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Hay River South.