Thank you, Mr. Chairman. Then we are more or less dealing now with what goes first. It is just like applying for UIC or a visa to get a passport. It is a question of what goes first. Nobody wants to go first. If you cannot get a visa before you get a passport and you cannot get a passport unless you have a visa, so you have to fight with two departments at the same time.
Debates of Oct. 6th, 1994
Topics
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 138
James Arvaluk Aivilik
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 138
The Chair John Ningark
Thank you. I will recognize Mr. Flynn, legislative counsel.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 138
Flynn
Thank you, Mr. Chairman. The regulating of airports is a federal concern. The question that you are raising, sir, is perhaps one not easily addressed in terms of municipal legislation which, of course, doesn't really deal with...
---Recording Difficulties
Thank you.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 138
The Chair John Ningark
Thank you. Bill 11, An Act to Amend the Hamlets Act. Mr. Arvaluk, to the act.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 138
James Arvaluk Aivilik
Mr. Chairman, I recognize that we've been dealing with that for a long time now. The liquor regulations are not easy to deal with under the municipal acts. Next week we are going to deal with Transport and they will say exactly the same thing. So, when we are dealing with the Liquor Act sometime in this order paper, we'll be dealing with that too and they will say the same thing.
Is there anything the three departments can do so it will become easier to incorporate. At least a cooperative amendment so that it applies or complements the acts, rather than preventing the combining of the acts which leads to the lack of authority of one over another act, department or regulation?
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. I don't know if you are speaking to the review of Bill 11, An Act to Amend the Hamlets Act. We are not speaking to the Justice department, so I'm wondering...If you're persistent, Mr. Arvaluk, on the Liquor Act I'm going to have to rule you out of order because we are dealing with the Hamlets Act. This is a separate issue.
A dry community becomes a dry community through a plebiscite, not through a municipal act. Madam Minister.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Rebecca Mike Baffin Central
I was going to say to Mr. Arvaluk, that he mentioned that the municipality of Coral Harbour had a request to extend their boundary. I just want to let him know that I do support the process for extending the municipal boundary for that community. Perhaps if the council can include the airport inside the boundary, then the community would have...Perhaps a request through the Liquor Act would be able to handle what Mr. Arvaluk is talking about.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Perhaps we should bring the Minister of Justice to the witness table. Just kidding. Mr. Arvaluk.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
James Arvaluk Aivilik
A final question, Mr. Chairman. Then there is a provision in this act allowing the Minister to make regulations giving permission or provision for the by-law to include -- or at least a liquor regulation to include -- search and seizure of. Can this be done?
I guess my concern here is section 55(2). You have an airport, airplanes and facilities for them. I'm interested if the prohibition regulation can include what Coral Harbour has been asking about. It's not only Coral Harbour, there are other communities, too. Pangnirtung has exactly the same problem. They cannot actually go in there because of a question of legality.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. Point of order, Mr. Zoe.
Point Of Order
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Henry Zoe North Slave
Point of order, Mr. Chairman. Although the issue that my colleague is raising is of great importance to everyone, for the section that you're referring to, under section 55(2), under section 2 of this bill, the only thing that they're doing in adding in "i" which allows the municipality to run a public quarry as defined in subsection 132.5(1). So what they're doing is that section is being amended.
I understand what my colleague is trying to say. Within section 55(2), a by-law has to be developed in order to deal with these types of things, such as airports and sewage outside of municipal boundaries. Now, they're including a public quarry. If I'm hearing my colleague right, he is saying why don't we make a "j" for the liquor situation in municipalities? But, I would like to remind my colleague that in order to do that, the Liquor Act first has to be amended to reflect that. Then the sequential amendments would have to be made to section 55. So in that respect, Mr. Chairman, my colleague is out of order.
---Laughter
I would like him to deal with the item under consideration.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. Thank you. Before I enquire what Mr. Arvaluk was asking, we'll deal with that tomorrow morning at 10:00. That would be the time to ask. Bill 11, An Act to Amend the Hamlets Act. Clause by clause.
Clause By Clause
Clause 1.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Some Hon. Members
Agreed.
---Agreed
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. Clause 2.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Some Hon. Members
Agreed.
---Agreed
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. Clause 3.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Some Hon. Members
Agreed.
---Agreed
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. Mr. Gargan.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Samuel Gargan Deh Cho
When you refer to...Could you just give me some geographical definitions of what is meant by Commissioner's land? If we're talking about Commissioner's land, we're talking about lands outside of municipalities. Am I correct? And that means all lands, with the exception of fee-simple lands.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. I believe we have a municipal Commissioner of crown land. Madam Minister.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Rebecca Mike Baffin Central
Mr. Chairman, I'll let Mr. Ashton respond to that.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Mr. Ashton.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Ashton
Thank you, Mr. Chairman. The term "Commissioner's land" is meant to apply to those lands where the federal government has transferred the administration and control from the Department of Indian and Northern Affairs to the Commissioner. Not transferred the ownership, but the administration.
Those lands are primarily found inside the municipalities. There is some Commissioner's land outside of some municipalities where there is a bit of a buffer zone. But generally speaking, once you get outside the municipal boundary, there is very little Commissioner's land.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
The Chair John Ningark
Thank you. Bill 4. Mr. Gargan.
Bill 11: An Act To Amend The Hamlets Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 139
Samuel Gargan Deh Cho
Do you have any information on where those buffer zones...very little areas but...Which areas are outside the municipalities? We don't have them. I'd appreciate having them.