Thank you, Mr. Chairman. What exactly does this mean? Under this section there is a date put with regard to when it comes into force, but, what it says here is "this act comes into force on the day the Land Titles Act comes into force."

Thank you. Mr. Minister.

Thank you. Clause 10. Agreed?

Agreed.

---Agreed

Bill as a whole. Does the committee agree that Bill 2 is ready for a third reading? Agreed?

Agreed.

---Agreed

Thank you. We will deal with Bill 7. Agreed?

Agreed.

---Agreed

Thank you. Mr. Minister.

Introductory Remarks

Thank you, Mr. Chairman. Mr. Chairman, Bill 7 is an Act to Amend the Locksmiths, Security Guards and Other Security Occupations Act. The act itself, Mr. Chairman, was passed in 1991, but proclamation of the act did not take place pending development of regulations. During the drafting of the regulations a few housekeeping changes were identified was well as the deficiency in the licensing process. It is our intention to proclaim the Locksmiths, Security Guards and Other Security Occupations Act together with the proposed amendment, if passed, and appropriate regulations, simultaneously to effect on or about April 1, 1993, Mr. Chairman.

In addition to some minor housekeeping changes this amendment will provide that security other than a bond may be provided by an applicant for licensing as a security business to the registrar of security occupations. It also adds powers to make regulations respecting those other securities.

The other significant amendment in this bill will allow investigations into convictions against the person applying for a license but only when that person authorizes such investigation or inquiry. The investigation will be in the form of requiring the applicant to be fingerprinted and the registrar of security occupations may use the fingerprints in or for the investigation.

Applicants for a security business licence or a security employee license who do not authorize such an investigation are not entitled to be issued a license. Thank you, Mr. Chairman.

Thank you. Mr. Arngna'naaq.

Standing Committee On Legislation Comments

Thank you, Mr. Chairman. The Standing Committee on Legislation reviewed Bill 7, an Act to Amend the Locksmiths, Security Guards and Other Security Occupations Act, at a public meeting on December 7, 1992. The committee would like to thank the Hon. John Pollard and officials from the Department of Safety and Public Services and the Department of Justice for presenting this bill and responding to the questions and comments of the committee Members.

The Locksmiths, Security Guards and Other Security Occupations Act was passed by the 11th Assembly and received consent on April 18, 1991. The act established a regulation and licensing scheme for agents and businesses which provide locksmith, private investigation, security guard or security alarm services. However, it has not yet been proclaimed in force. Bill 7 would amend the Locksmith and Security Guards and Other Security Occupations Act to clarify applications for security business licenses to be made by partnerships and corporations as well as individuals operating a sole proprietorship. It would also allow the registrar to accept a security other than a bond from an applicant for a security business license. Regulations would specify the types of other security which may be accepted as well as the conditions under which the bond or other security may be forfeited. The bill would also provide that a security business license would terminate if the bond or other security provided by the license holder was forfeited or no longer met the requirements of the act or the regulations.

Members may recall that this Assembly dealt with a similar issue when it passed amendments to the Real Estate Agents Licensing Act in June, 1992. Concerns had been raised about the difficulty experienced by business people in obtaining bonds from insurance companies in the Northwest Territories. This amendment has been proposed in order to avoid the difficulty experienced by the real estate agents.

An example of another type of security which might be provided to the registrar would be an irrevocable letter of credit, issued from a financial institution which could be drawn upon by the government if necessary, according to the regulations. This bill would also provide authority for the registrar to investigate the criminal record of applicants for security business or security employee licenses. Currently, applicants for these licenses must report any criminal record but the registrar does not have the authority to investigate the accuracy of the report. This bill would allow the registrar to take the applicant's fingerprints and investigate his or her criminal record, if the registrar receives written authority from the applicant. Any applicant who does not provide this authorization will not be issued a license. The registrar will still have the discretion to issue a license to an individual with a criminal record, if the conviction is not relevant to the fitness of the applicant to carry out the security business. Decisions of the registrar may also be appealed by the applicant under the act.

The bill would amend the act in one final area. A subsection would be added to the act, to deal with proof of criminal convictions, allowing certificates to be accepted as proof of convictions in the absence of evidence to the contrary.

In general, the committee was satisfied that these amendments would add some flexibility to businesses interested in obtaining a security business license, while maintaining an adequate level of consumer protection. At the public meeting on December 7, 1992, the Standing Committee on Legislation carried a motion to report Bill 7 to the Assembly as ready for the Committee of the Whole. I invite other Committee Members to add their comments. Thank you. Mr. Chairman.

Thank you. Any general comments? Does the committee agree we go clause by clause? Agreed?

Agreed.

---Agreed

Clause By Clause

Thank you. Clause 1. Agreed?

Agreed.

---Agreed

Clause 2. Agreed?

Agreed.

---Agreed

Clause 3. Agreed?

Agreed.

---Agreed

Clause 4. Agreed?

Agreed.

---Agreed

Clause 5. Agreed?