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Bill 25, Municipal Statutes Replacement Act

Government Bill

14th Assembly, 6th Session

Introduced on June 10, 2003

Events

Timeline of key legislative events

  • First Reading
    Completed June 10, 2003 (Debate | Vote)
  • Second Reading
    Completed June 11, 2003 (Debate | Vote)
  • Third Reading
    Completed Oct. 9, 2003 (Debate | Vote)
  • Commissioner's Assent
    Completed Oct. 10, 2003 (Debate)
  • Status

    Bill Text



    Related Votes

    Oct. 9, 2003 Passed Third Reading of Bill 25: Municipal Statutes Replacement Act
    June 11, 2003 Passed Second Reading of Bill 25: Municipal Statutes Replacement Act
    June 10, 2003 Passed First Reading of Bill 25: Municipal Statutes Replacement Act

    Discussion & Mentions

    Recorded Vote
    Bill 34: Tlicho Land Claims And Self-government Agreement Act
    Item 21: Third Reading Of Bills

    October 10th, 2003

    Page 1453


    See context

    Deputy Commissioner Mains

    Please be seated. Mr. Speaker, Premier and Members of the Legislative Assembly, it has been almost four years since you first gathered as the 14th Legislative Assembly -- the first Assembly following division. It was a time to celebrate new beginnings and the start of a new identity for the Northwest Territories.

    In your vision of a new Northwest Territories, I remember you identified and attempted to define "a better tomorrow" for all residents of the NWT.

    A brighter, stronger future recognizable by its:

    • • vibrant and healthy communities;
    • • prosperous and diversified economy;
    • • strong and effective aboriginal and public governments; and,
    • • northern control of resources and resource revenues.

    You set for yourselves an ambitious agenda to put in place the many elements on which this future would be built, then you rolled up your sleeves and went to work.

    Your days in this Assembly were not without hurdles. Some of the issues you faced and addressed together were extremely difficult. But we all know that it is when challenges arise in the North that people and communities traditionally come together to seek strength in unity.

    I believe that your at times frank and emotional discussions and debates regarding consensus government, accountability and openness have served to rebuild the integrity of government in the Northwest Territories and the confidence and trust of those who choose to serve in this legislature.

    Your commitment to each other, to the people of the NWT and most importantly to the consensus on which this Assembly is based, has prevailed. As a result, you have been successful in achieving many of the elements of your original vision.

    As you prepare to conclude your terms as elected leaders, I believe that you can look back collectively over this time of public service and see the cornerstones that you are leaving behind.

    • • You have established important partners -- with industry, with aboriginal and community governments and with new organizations such as the Intergovernmental Forum and the Aboriginal Summit.
    • • You have supported and encouraged the advancement or settlement of aboriginal land claim and self-government negotiations in almost every region of our territory.
    • • You have opened the door to development of our non-renewable resources. You have invested in our territory, our communities and our people to ensure that the benefits for this development will be fully realized.
    • • You have established the Northwest Territories in the national agenda as a very real leader in the future of Canada's economy.
    • • In recent months, talks with the federal government towards a deal on devolution and resource revenue sharing have also advanced.

    There are a number of specific achievements that will no doubt serve as building blocks for future governments:

    • • the enactment of human rights legislation for the NWT;
    • • advancement of the Deh Cho Bridge project;
    • • the implementation of the protected areas strategy;
    • • the establishment of National Aboriginal Day as a territorial holiday;
    • • improvements to the territorial income tax system;
    • • the development of a social agenda;
    • • the certification of NWT diamonds and leadership in the development of a national diamond strategy;
    • • passage of legislation to allow midwives to practice in the NWT;
    • • contributions to the advancement of the Mackenzie Valley pipeline proposal;
    • • securing major investment dollars for infrastructure;
    • • passage of legislation to protect against family violence;
    • • a complete modernization of municipal governance legislation;
    • • passage of the Tlicho Land Claims and Self-Government Agreement Act;
    • • legislation to establish territorial recycling programs; and,
    • • increased health care funding for the NWT.

    Your time in this Assembly has been productive. It has challenged you to work together, to make strong decisions, to take tough stands and to set aside your differences and positions in the interest of the people that you represent.

    Under your collective direction as its first Assembly, Canada's "new" Northwest Territories has, in the last four years, emerged strong and unified and ready to take its rightful place in the federation and international community.

    For years we sat here in the North and monitored the debates of federal and provincial governments. We listened, read and watched the analysis of southern media outlets and observed, with mild interest, the activities of our American neighbours. Very rarely did any of them address the issues that immediately concerned us.

    Today, south of 60, in fact south of 49 and around the world, they are talking about Canada's Northwest Territories. From Alberta to Ottawa, Washington to Alaska and from Tokyo to Shanghai they are discussing our diamonds, our oil and gas, our pipelines, our northern lights, our alternative energy sources and, most of all, our potential.

    In four years, the Northwest Territories has become a model for the nation building often envisioned and talked about by our national government.

    We have shown that our region is one in which the territorial government can work realistically in partnership with federal and aboriginal governments. A region in which economic partnerships can and will flourish between southern, northern and aboriginal companies; where natural riches and resources can still be safely invested in the future and well-being of our people; and from which our nation as a whole will benefit. Your time in this legislature has created this momentum.

    In a few weeks, many of you will be seeking a new mandate from your constituents; I wish you luck and thank you, on behalf of the people of the Northwest Territories, for your selfless offer to serve.

    To you Mr. Kakfwi, Mr. Whitford, Mr. Ootes and Mr. Antoine, who will be seeking other ways of serving the Northwest Territories, I thank each of you for your many years of service and commitment to the people of the NWT and wish you well.

    Assent To Bills

    Now, as Deputy Commissioner of the Northwest Territories, I am pleased to assent to the following bills:

    • • Bill 19, Write-off of Debts Act, 2003-2004
    • • Bill 20, Forgiveness of Debts Act, 2003-2004
    • • Bill 21, Protection Against Family Violence Act
    • • Bill 22, Waste Reduction and Recovery Act
    • • Bill 23, An Act to Amend the Safety Act
    • • Bill 24, Midwifery Profession Act
    • • Bill 25, Municipal Statutes Replacement Act
    • • Bill 26, Youth Justice Act
    • • Bill 27, An Act to Amend the Access to Information and Protection of Privacy Act
    • • Bill 31, An Act to Amend the Official Languages Act, No. 3
    • • Bill 32, Supplementary Appropriation Act, No. 2, 2003-2004
    • • Bill 33, Supplementary Appropriation Act, No. 4, 2002-2003
    • • Bill 34, Tlicho Land Claims and Self-Government Agreement Act

    As Deputy Commissioner of the Northwest Territories, I hereby prorogue this Sixth Session of the 14th Legislation Assembly. Thank you.

    ---Applause

    ---Applause

    ---PROROGATION

    The House prorogued at 5:40 p.m.

    Bill 25: Municipal Statutes Replacement Act
    Item 21: Third Reading Of Bills

    October 9th, 2003

    Page 1395


    See context
    The Speaker

    The Speaker Tony Whitford

    Question has been called. All those in favour? All those opposed? The motion is carried.

    ---Carried

    Bill 25 has had third reading. Item 21, third reading of bills. The honourable Member for Yellowknife Centre, Mr. Ootes.

    Bill 25: Municipal Statutes Replacement Act
    Item 21: Third Reading Of Bills

    October 9th, 2003

    Page 1395


    See context

    An Hon. Member

    Question.

    Bill 25: Municipal Statutes Replacement Act
    Item 21: Third Reading Of Bills

    October 9th, 2003

    Page 1395


    See context
    The Speaker

    The Speaker Tony Whitford

    Thank you, Mr. Steen. There is a motion on the floor. The motion is in order. To the motion.

    Bill 25: Municipal Statutes Replacement Act
    Item 21: Third Reading Of Bills

    October 9th, 2003

    Page 1394


    See context
    Vince Steen

    Vince Steen Nunakput

    Mr. Speaker, I move, seconded by the honourable Member for Thebacha, that Bill 25, Municipal Statutes Replacement Act, be read for the third time. Thank you, Mr. Speaker.

    Bill 25: Municipal Statutes Replacement Act
    Item 18: Second Reading Of Bills

    June 10th, 2003

    Page 954


    See context
    The Speaker

    The Speaker Tony Whitford

    Question has been called. All this in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried.

    ---Carried

    Bill 25 has had second reading and, accordingly, the bill stands referred to a committee. Item 18, second reading of bills. The honourable Member for Inuvik Twin Lakes, Mr. Allen.

    Bill 25: Municipal Statutes Replacement Act
    Item 18: Second Reading Of Bills

    June 10th, 2003

    Page 954


    See context

    An Hon. Member

    Question.

    Bill 25: Municipal Statutes Replacement Act
    Item 18: Second Reading Of Bills

    June 10th, 2003

    Page 954


    See context
    The Speaker

    The Speaker Tony Whitford

    Thank you, Mr. Braden. To the principle of the bill.

    Bill 25: Municipal Statutes Replacement Act
    Item 18: Second Reading Of Bills

    June 10th, 2003

    Page 954


    See context
    Bill Braden

    Bill Braden Great Slave

    Mr. Speaker, I would like to indicate my wholehearted support for this initiative. Like a couple of other bills that are before us now, this was one that we had some concerns would be lost in the mist and the fog in the latter part of our term of here, but I'm happy to see it coming forward. I've had discussions on a frequent and regular basis with our counterparts at the City of Yellowknife, expressing their desire to see this come through.

    Mr. Speaker, the municipalities of the Northwest Territories are creations of this Assembly. We have a duty to enable them to be good government in their own spheres. So what we're doing here is modernizing and updating, and I think giving a broader sphere of discretion and jurisdiction to our municipal counterparts. I know there's, especially in the area of municipal liability and insurance, costs for policies that, of late, have been especially troublesome and costly. I know that this at least is one area where, through the passage of this bill, we can provide some immediate improvement in the way they are able to govern themselves.

    So I just wanted to express my support and appreciation to see this bill come before us, even at this late date. Thank you.

    Bill 25: Municipal Statutes Replacement Act
    Item 18: Second Reading Of Bills

    June 10th, 2003

    Page 954


    See context
    The Speaker

    The Speaker Tony Whitford

    Thank you, Mr. Minister. We have a motion on the floor. The motion is in order. To the principle of the bill. The honourable Member for Great Slave, Mr. Braden.

    Bill 25: Municipal Statutes Replacement Act
    Item 18: Second Reading Of Bills

    June 10th, 2003

    Page 953


    See context
    Vince Steen

    Vince Steen Nunakput

    Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Yellowknife Centre, that Bill 25, Municipal Statutes Replacement Act, be read for the second time.

    Mr. Speaker, this bill repeals and replaces the Charter Communities Act, the Cities, Towns and Villages Act, and the Hamlets Act. The bill makes many changes to modernize these three statutes, to make them easier to understand and to make the rules more flexible where appropriate.

    There are changes to operation of the municipal corporation. These include:

    • • providing hamlets, towns and villages with greater flexibility to stagger or change terms of office;
    • • setting out the process to be followed when it is necessary to force a disqualified council member to step down;
    • • allowing councils to adopt their own oaths of office;
    • • giving councils explicit powers to appoint youth members;
    • • allowing councils to establish boards or other bodies to administer programs and services;
    • • allowing council meetings to take place using speaker phones, videoconferencing or other electronic means;
    • • providing clearer direction on when council meetings may be closed to the public;
    • • requiring agendas for regular council meetings to be available to the public 48 hours prior to each meeting;
    • • allowing councils to provide indemnities to members in council committees for attending meetings;
    • • giving a clear description of the duties of mayors, council members and councils;
    • • giving council explicit powers to adopt codes of ethnics, with sanctions;
    • • allowing employees of hamlets and charter communities to sit as council members in some limited circumstances;
    • • facilitating alternate service delivery arrangements;
    • • providing councils with explicit economic development powers;
    • • allowing municipalities to establish new services or businesses and to establish or acquire shares in corporations with the approval of the Minister or the authorization of an investment plan;
    • • allowing delegation agreements to be made with the Government of Canada, or other municipalities, and aboriginal governments and organizations.

    The rules governing financial management are being changed, including:

    • • new requirements that budgets and financial statements be made available to the public;
    • • providing that financial statements need only comply with generally accepted accounting principles recommended for municipal governments from time to time by the Canadian Institute of Chartered Accountants;
    • • removing the requirement for Ministerial approval of forgiveness of debt bylaws for municipal taxing authorities;
    • • providing that debts of council members may not be forgiven;
    • • expanding the current powers to invest surplus money;
    • • specifying that long-term borrowing may be undertaken to finance capital expenses, but not operational expenses;
    • • allowing non-tax-based communities to borrow on a long-term basis for any purpose, rather than just for land development;
    • • new budgeting requirements pertaining to deficits;
    • • requiring voter approval for long-term borrowing and other long-term financial commitments;
    • • replacing ratepayer approval with voter approval.

    Provisions establishing bylaw-making powers will now set out spheres of jurisdiction and general powers to enforce bylaws, as opposed to specific and narrow heads of authority. There are new provisions for voter petitions respecting bylaws.

    There are new provisions to limit municipal liability for certain matters and activities, such as municipal facilities, services and utilities, fire protection, highways, the exercise of discretion, inspections and maintenance and remedying contraventions of bylaws. The current personal civil liability protections for council members are extended to youth members, municipal officers, volunteer workers and board members.

    Municipalities will have powers to allow them to effectively enforce their bylaws, and will have general authority to conduct inspections and remedy contraventions. The Minister will have the ability to intervene if a municipality is in difficulty, without resorting to the appointment of an administrator. Thank you, Mr. Speaker.

    Bill 25: Municipal Statutes Replacement Act
    Item 17: First Reading Of Bills

    June 10th, 2003

    Page 926


    See context
    The Speaker

    The Speaker Tony Whitford

    Question has been called. All those in favour, please signify. Thank you. All those opposed? The motion is carried.

    ---Carried

    Bill 25 has had first reading. Item 17, first reading of bills. The honourable Member for Inuvik Twin Lakes.

    Bill 25: Municipal Statutes Replacement Act
    Item 17: First Reading Of Bills

    June 10th, 2003

    Page 926


    See context

    An Hon. Member

    Question.

    Bill 25: Municipal Statutes Replacement Act
    Item 17: First Reading Of Bills

    June 10th, 2003

    Page 926


    See context
    The Speaker

    The Speaker Tony Whitford

    Thank you, Mr. Minister. We have a motion. The motion is in order. To the motion.

    Bill 25: Municipal Statutes Replacement Act
    Item 17: First Reading Of Bills

    June 10th, 2003

    Page 926


    See context
    Vince Steen

    Vince Steen Nunakput

    Mr. Speaker, I move, seconded by the honourable Member for Nahendeh, that Bill 25, Municipal Statutes Replacement Act, be read for the first time. Thank you, Mr. Speaker.