This is page numbers 73 - 93 of the Hansard for the 12th Assembly, 1st Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was review.

Topics

Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

Is the committee agreed?

Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

Some Hon. Members

Agreed.

---Agreed

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

We will proceed with Committee Report 1-12(1), Report of the Standing Committee on Agencies, Boards and Commissions, report on interim measures for the management of the board appointments. Mr. Koe.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

Fred Koe Inuvik

Mahsi, Mr. Chairman. The standing committee on agencies, boards and commissions included a single recommendation in their first report to the 12th Assembly. I would like to propose the following motion:

Motion To Postpone Filling Membership Vacancies On All Government Boards And Agencies, Carried

I move that the Government of the NWT postpone filling membership vacancies in all government created boards and agencies until after March 31, 1992; and further, that where it is clearly in the public interest to reappoint members of boards and agencies, that these appointments be made for the shortest possible term.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

Your motion is in order. Mr. Koe.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

I think the intent of this motion is very clear. The Beatty report recommends that consideration be given to some major changes in government created boards and agencies. It not only recommends changes to the organization of certain boards, but also to the whole way of thinking about such bodies. These changes will require considerable discussion and review if they are to be made in a sound and reasonable fashion.

We believe that during this review period it will be important not to make additional appointments to boards and agencies. It would neither be fair nor good management practice to be making board appointments when the whole system is under review.

The committee is recommending that appointments be postponed until after March 31, 1992. If it is absolutely necessary for these appointments to be made, then we are suggesting that any appointments or reappointments be made for the shortest term possible. Mahsi cho, Mr. Chairman.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

Thank you, Mr. Koe. To the motion, Ms. Cournoyea.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

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Nellie Cournoyea Nunakput

Mr. Chairman, I would like to compliment the committee on its work and its diligent look at the concerns on the many boards and agencies that we have in the NWT. The government has no problem with the recommendation. It complements the kind of thinking that we have had on some of the requests that have been raised by the general voter of the NWT. So once again I would like to compliment the committee on their work and suggest that the recommendation be supported.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

Thank you. To the motion.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

An Hon. Member

Question.

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

Question being called. Those in favour? Opposed, if any? The motion is carried.

---Carried

Does that conclude the standing committee's report?

Committee Report 1-12(1): Report Of The Standing Committee On Agencies, Boards And Commissions
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

Some Hon. Members

Agreed.

---Agreed

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

The Chair James Arvaluk

We will go to Committee Report 2-12(1), Report of the Standing Committee on Legislation, Report on a Review of the Legislative Process for the 12th Legislative Assembly. Mr. Arngna'naaq.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 90

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. In our proposal it is proposed that confidential draft versions of bills should no longer be considered by our standing committee meetings which are closed to the public. The "closed door" cannot remain shut when we are considering legislation for the NWT. Instead, the standing committee on legislation proposes that the cabinet should have the prerogative to publicly introduce any bills which it considers ready for the House and proceed to give notice of first reading. Procedures for first and second reading of bills will remain as they were during previous Assemblies.

Once a bill has been read for a second time, it will automatically be referred to a committee comprised of the chairmen of all five of the Legislative Assembly's standing committees. This chairmen's liaison committee will arrive at a consensus on which the standing committees should undertake a formal review of the bill.

It is anticipated that most bills would be referred to the legislation committee, although financial bills dealing with taxation, borrowing authorization, revolving funds, assets and debts management and so on, would be referred to the standing committee on finance.

The standing committee on legislation will review bills referred to it in meetings that are open to the public. Specific procedures may be used to hear from public witnesses or receive written submissions from the public whenever it will assist the committee review. As was customary during the 11th and earlier sessions, the Minister sponsoring the bill will have an opportunity to present the legislation to the standing committee and respond to any concerns raised by committee Members. A clause by clause review of the bill will take place with the Minister. The standing committee and the sponsoring Minister will be able to arrive at a consensus for amending the content of specific clauses, but the bill may also be amended by a motion passed by the Members of the standing committee.

Once the review is completed the standing committee will report that the bill is ready for consideration by the House, and the bill will be referred: into the committee of the whole. Where amendments have been made during the committee's review, the bill will be reprinted so that Members of the Legislative Assembly are able to review any changes made since the bill was passed at second reading. It is proposed that the rules should state that there should be at least 24 hours between the time a standing committee reports a bill as ready for the House and the time it is considered in committee of the whole.

It is proposed that bills should remain at the committee stage for no more than 120 days. If the standing committee does not complete its review in that time period, the bill will automatically be referred to committee of the whole without the standing committee's report.

General comments and clause by clause review will take place in committee of the whole consideration as it has during the previous Assemblies. Amendments to clauses will be considered at that time. These could potentially include amendments which return clauses amended by the standing committee to the way they were when the bill passed second reading.

Members of the Legislative Assembly who wish to sponsor private Members' bills will be accorded the same consideration in the track one process, as cabinet Ministers who sponsor government bills. As the cabinet has the responsibility to ensure that territorial legislation meets drafting standards and to administer statutory requirements, it will be incumbent on the standing committee on legislation to ensure that a priority is placed on considering government input into any private Members' bill during the committee review process.

At its meetings on December 2nd and 3rd, the standing committee on legislation agreed that this proposal would result in a truly public process while enhancing the opportunity for consensus decision making and a sound examination of the merits of each bill.

Motion To Adopt Standard Legislative Process For Review Of Bills, Carried

Therefore the standing committee on legislation recommends that the standard legislative process for the review of bills in the House and by standing committees be adopted, and I so move, Mr. Chairman.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair James Arvaluk

The motion is in order. To the motion.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

An Hon. Member

Question.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

The Chair James Arvaluk

Question is being called. All those in favour? Opposed, if any? The motion is carried.

---Carried

Mr. Arngna'naaq.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

December 11th, 1991

Page 92

Silas Arngna'naaq Kivallivik

Thank you, Mr. Speaker. In the process track two is being suggested a procedure for reviewing legislative action papers.

The standing committee on legislation also recognizes that in some cases the government may wish to seek the opinion of Members of the Legislative Assembly on potential legislative initiatives before they are drafted as bills and introduced in the House. Similarly, ordinary Members who are thinking about sponsoring a private Members' bill may wish to propose preliminary ideas before proceeding to the drafting stage. The standing committee on legislation proposes that a second track should be adopted as a mechanism for allowing communication to take place on legislative principles and priorities ahead of time.

It is proposed that the Legislative Assembly should recognize the concept of a legislative action paper. This will be a written description of elements which could be contained in legislation in a standardized format, outlining principles that could become a future bill. An initial draft of clauses could be attached if the government believed it would assist in the review of the document. Ordinarily this would be provided for the House under tabling of documents, at the discretion of the sponsoring Minister or ordinary Member, although there should be nothing that would prevent the public distribution of a legislative action paper prior to tabling.

The main objective of this second track would be to provide a vehicle through which the standing committee on legislation, ordinary Members and the public at large, to provide feedback on potential legislation before the bill is actually drafted. In the case of the standing committee on legislation, each legislative action paper would be considered in open public meetings and feedback would be provided in the form of a report submitted to the House under reports of special and standing committees.

After this feedback has been forwarded, the government or ordinary Member will be able to draft the bill and proceed to formally introduce it to the House. The bill will then follow the track one process and will be referred to the sanding committee on legislation after second reading.

At its meeting on December 2 and 3, the standing committee on legislation agreed that the use of legislative action papers would provide a flexible vehicle for the public review of legislative concepts and highlight the advantages of our consensus style of government.

Motion To Adopt Procedure For Reviewing Legislative Action Papers, Carried

Therefore, the standing committee on legislation respectfully recommends, and this is my motion as well, Mr. Chairman, that the procedure for reviewing legislative action papers be adopted.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

The Chair James Arvaluk

Thank you, Mr. Arngna'naaq, your motion is in order. To the motion.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

An Hon. Member

Question.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

The Chair James Arvaluk

Question is being called. All those in favour? Opposed? The motion is carried.

---Carried

Mr. Arngna'naaq.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Mr. Chairman, I have just two more and they are short. In the review of delegated legislation, the standing committee on legislation proposes to take a more active role in the review of regulations. The committee may ask sponsors of bills to bring forward significant proposed regulations at the time new bills are under review or at a subsequent time. As well, twice yearly, the standing committee will undertake a selective review of existing regulations. The committee will monitor the Northwest Territories Gazette for the publication of new regulations and may undertake a review of any which are of particular interest. An additional option will be for the cabinet to seek committee and public input on proposed new regulations by forwarding them for review by the standing committee on legislation. In each case, the standing committee will place a report of its review activities before the House under reports of standing and special committees.

Motion That Standing Committee Undertake Regular Review Of Delegated Legislation, Carried

Therefore, the standing committee on legislation recommends that the standing committee on legislation undertake, as part of its terms of reference, the regular review of delegated legislation, and I so move, Mr. Chairman.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

The Chair James Arvaluk

Thank you, Mr. Arngna'naaq, the motion is in order. To the motion.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

An Hon. Member

Question.

Committee Report 2-12(1): Report Of The Standing Committee On Legislation
Item 17: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 92

The Chair James Arvaluk

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

---Carried

You have one more report, Mr. Arngna'naaq?