Thank you, Mr. Minister. Does the chairman of the Standing Committee on Legislation have any remarks?
Debates of Feb. 19th, 1993
Topics
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
Silas Arngna'naaq Kivallivik
Thank you, Mr. Chairman. I would like to ask Mr. Whitford to make the comments for the committee.
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Thank you. Mr. Whitford.
Comments By Standing Committee On Legislation
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521

Tony Whitford Yellowknife South
Thank you, Mr. Chairman. Mr. Chairman, the Standing Committee on Legislation reviewed Bill 6, an Act to Amend the Commercial Tenancies Act, at its public meeting on December 7, 1992. The committee would like to thank the Minister of Justice, the Honourable Stephen Kakfwi, and his officials for presenting this bill and responding to the questions and comments of committee Members.
Bill 6 would amend the Commercial Tenancies Act to change the date on which a tenant is required to appear in court after being served with a summons. Currently, the act provides that when a tenant fails to pay rent for commercial property, as agreed under the lease, after receiving a written demand for the rent, the landlord may request that a summons be issued by the Supreme Court. The summons would require the tenant to appear in court to explain why the rent has not been paid and why an eviction order should not be granted.
At present, the summons would require the tenant to appear in court three days after being served with a summons. This is not practical because the court cannot be certain as to the date on which service will take place, and a judge may not be available on the date that the tenant is required to appear. This bill would amend this section to require the tenant to appear in court on the date specified in the summons. The clerk of the court can then set a date when a judge will be available. The bill would retain the three day notice period by requiring that the summons must be served upon the tenant at least three days before the date that is specified for the tenant to appear in court.
The committee supported this amendment and carried a motion on December 7, 1992, that Bill 6 be reported to the House as ready for committee of the whole. This concludes our remarks, Mr. Chairman. I invite other committee Members to make additional comments on this bill should they choose to do so. Thank you.
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Thank you, Mr. Whitford. Would the Minister like to bring in any witnesses?
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Are there any general comments? Is it agreed to go clause by clause?
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
Some Hon. Members
Agreed.
---Agreed
Clause By Clause
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Thank you. Bill 6, an Act to Amend the Commercial Tenancies Act. Clause one, agreed?
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
Some Hon. Members
Agreed.
---Agreed
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Is the committee agreed we have concluded with this bill? Agreed?
Bill 6: An Act To Amend The Commercial Tenancies Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
Some Hon. Members
Agreed.
---Agreed
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Thank you. Mr. Pollard, do you have any opening remarks on Bill 11, an Act to Amend the Legislative Assembly and Executive Council Act?
Introductory Remarks
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
John Pollard Hay River
Thank you, Mr. Chairman. Mr. Chairman, the bill before you would amend the Legislative Assembly and Executive Council Act to specify the indemnity payable to the Government Leader, other Ministers and the Speaker. The amendment also proposes that the Speaker shall table, in the Legislative Assembly, a report on the amounts paid in a fiscal year to Members by way of indemnity, allowances or expenses. Mr. Chairman, this amendment is a result of adopted Motion 9-12(2) which requested that these be introduced. Mr. Chairman, I will be pleased to answer any questions the committee of the whole may have on this amendment. Thank you, Mr. Chairman.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
The Chair John Ningark
Thank you, Mr. Minister. Does the chairman for the Standing Committee on Legislation have any remarks?
Comments By Standing Committee On Legislation
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 521
Silas Arngna'naaq Kivallivik
Thank you, Mr. Chairman. The Standing Committee on Legislation also reviewed Bill 11, an Act to Amend the Legislative Assembly and Executive Council Act at its public meeting on December 7, 1992. The committee thanks the Honourable John Pollard and the clerk of the
Legislative Assembly, Mr. Hamilton, for appearing before the committee to present this bill.
This bill would amend the Legislative Assembly and Executive Act to include in the act the annual indemnities paid to the Speaker and to the Members of the Executive Council. Committee Members noted that this bill would not provide for any automatic increase or indexing of the amounts specified in the bill. This bill would also amend the act to require the Speaker to lay a report before the Assembly each fiscal year showing the amounts paid to each Member of the Legislative Assembly in the previous fiscal year by way of indemnity, allowance or expense. These provisions had been recommended by the Legislative Assembly by a motion carried on March 25, 1992. The standing committee was in support of these amendments and carried a motion on December 7, 1992 to report Bill 11 to the Legislative Assembly as ready for committee of the whole. Thank you, Mr. Chairman.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
The Chair John Ningark
Thank you, Mr. Arngna'naaq. Are there any general comments? Is it agreed we go clause by clause? Mrs. Marie-Jewell.
General Comments
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
Jeannie Marie-Jewell Thebacha
Mr. Chairman, it appears the old bill indicated the Speaker received the same rate as the indemnity paid to the Minister by directive of the Executive Council. The new bill specifically states the amount which is received by the Government Leader, the Ministers and the Speaker. Why is the amount specifically being stated in the bill? How are they addressing the idea of COLA which usually increases Ministers' salaries? Are they going to come back and change the bill accordingly every year? Thank you.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
The Chair John Ningark
Thank you. Mr. Minister, before you respond to the honourable Member, would you like to bring in any witnesses? Mr. Pollard.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
John Pollard Hay River
Mr. Chairman, I will try and field the questions. If I require assistance, I will call on Mr. Hamilton. Mr. Chairman, if there were to be increases in the Ministers' salaries, as outlined in this bill, they would have to be brought here for debate to change the actual legislation. There is no cost of living allowance in this bill that pertains to this section where Ministers', Speaker's and Government Leader's salaries are listed. Thank you, Mr. Chairman.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
The Chair John Ningark
General comments. The Member for Thebacha.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
Jeannie Marie-Jewell Thebacha
Mr. Chairman, I may have missed something. Did the Minister indicate in order to give rate increases accordingly, this bill would have to be amended yearly and he would present an amended bill to the Legislative Assembly to reflect the increased rates to the Ministers', Speaker's and Government Leader's salaries?
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
The Chair John Ningark
Thank you. Honourable Minister.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
John Pollard Hay River
Mr. Chairman, the Member is correct. The cost of living allowance would not apply to these numbers. In the event that Madam Premier was to decide, in consultation with Ministers and the Speaker, that there should be a cost of living adjustment on this portion of the salaries, then there would have to be an amendment to this bill brought to this House, debated and changed if the House so wished. There is no automatic escalator applying to this particular section of the bill. Thank you, Mr. Chairman.
Bill 11: Legislative Assembly And Executive Council Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 522
The Chair John Ningark
Thank you. General comments. Member for Thebacha.