This is page numbers 107 - 142 of the Hansard for the 12th Assembly, 6th 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 community.

Topics

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

Some Hon. Members

Agreed.

---Agreed

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

The Chair John Ningark

Clause 4.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

Some Hon. Members

Agreed.

---Agreed

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

The bill as a whole.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

Some Hon. Members

Agreed.

---Agreed

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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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?

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

Some Hon. Members

Agreed.

---Agreed

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Bill as amended. Not amended. Sorry about that. Agreed?

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

Some Hon. Members

Agreed.

---Agreed

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Do we agree that we move on to review Bill 10?

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 136

Some Hon. Members

Agreed.

---Agreed

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 5th, 1994

Page 136

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

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 137

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.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Madam Minister.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 137

Rebecca Mike Baffin Central

Thank you, Mr. Chairman. My legal counsel advises me yes.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Antoine.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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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.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 137

The Chair John Ningark

Thank you. Madam Minister.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 137

Rebecca Mike Baffin Central

Thank you, Mr. Chairman. I'll let Mr. Flynn respond to that.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 137

The Chair John Ningark

Mr. Flynn.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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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.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Member for Nahendeh.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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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.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Ashton.

Bill 10: An Act To Amend The Cities, Towns And Villages Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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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.