Agreed.
---Agreed
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Clause 4.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
The bill as a whole.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Does the committee agree that Bill 9, An Act to Amend the Charter Communities Act, is ready for the third reading?
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Bill as amended. Not amended. Sorry about that. Agreed?
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Do we agree that we move on to review Bill 10?
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
We will review Bill 10. General comments on Bill 10. Clause by clause. Bill 10 is An Act to Amend the Cities, Towns and Villages Act. Clause 1. Mr. Antoine.
General Comments
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Jim Antoine Nahendeh
Thank you, Mr. Chairman. This is just a general comment on Bill 10, An Act to Amend the Cities, Towns and Villages Act. I have one village in my constituency; Fort Simpson. This particular act does not apply to Fort Simpson. There is a quarry there, but it's outside the municipal boundary, therefore this act does not really affect them. But I'd just like to know if...and the municipal government does not run this quarry that's outside the municipal boundary. It's leased by the federal government to private companies. I have no problem with the way this act is amended. I'd just like to ask, does this act apply to quarries that are outside the municipal boundaries? Thank you.
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The Chair John Ningark
Thank you. Madam Minister.
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Rebecca Mike Baffin Central
Thank you, Mr. Chairman. My legal counsel advises me yes.
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The Chair John Ningark
Thank you. Mr. Antoine.
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Jim Antoine Nahendeh
This is for An Act to Amend the Cities, Towns and Villages Act. I thought the village administers the land that's within the municipal boundary and not outside of it. If a quarry is outside the municipal boundary, how could the village be responsible for that quarry? Thank you.
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The Chair John Ningark
Thank you. Madam Minister.
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Rebecca Mike Baffin Central
Thank you, Mr. Chairman. I'll let Mr. Flynn respond to that.
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The Chair John Ningark
Mr. Flynn.
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Flynn
Thank you, Mr. Chairman. Section 2 would amend subsection 55(2) by allowing a municipal corporation to make by-laws with respect to quarries that are outside municipal boundaries. This is to be read in conjunction with the same power with respect to other municipal services, such as sewage and drainage systems, public incinerators and so on. The anticipation here is that if there is a Commissioner's land block around a community that has granular material in it and the community has decided to be the appropriate party to lease that quarry land and to operate that quarry, then this would give them the power to administer the quarry. Thank you.
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The Chair John Ningark
Thank you. Member for Nahendeh.
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Jim Antoine Nahendeh
Thank you, Mr. Chairman. I wasn't too clear about the first part of the counsel's response. I would like him to clarify that for me. Is he saying that a municipality is the only body that could lease land from the Crown outside the municipal boundaries to establish quarries? Thank you.
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The Chair John Ningark
Thank you. Mr. Ashton.
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Ashton
Thank you, Mr. Chairman. Maybe I can help out on this. The section that was referred to, section 2 of this bill, would clarify the legal capacity of a municipality to enter into a lease for a quarry outside its municipal boundary, just as
they presently have the authority to run a garbage dump or a sewage lagoon outside their municipal boundary, if necessary.
However, the decision as to whether the municipality would end up leasing the quarry site or any other body would depend on who is administering the land. In the case of Fort Simpson, for example, the Commissioner is administering the land and any land application for a quarry outside of the municipality would be reviewed by all the parties who are affected and, presumably, the community would advise who should be leasing it.
At the present time, there is some uncertainty whether one option would be for the municipality to be able to do that. In the context of common law, any person or party should be able to enter into a lease, such as another corporation and so on. But a municipality draws its authority from the act, so we want to make it explicit that the municipality also has this option, if it chose to do that. They are not the only party that could possibly lease a quarry, by any means.
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