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

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The Chair John Ningark

Legal counsel.

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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Flynn

The existing fee structures are established under the Commissioner's Land Act. This bill doesn't directly provide for the transmission of that authority to the municipalities. Thank you.

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. Mr. Ng, are you still with your question here? I will recognize Mr. Zoe.

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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Henry Zoe

Henry Zoe North Slave

I would like to ask the department why isn't that authority given if we're going to...

---Recording Difficulties

...or are you anticipating doing it through this agreement if it's on Commissioner's land? Right now, all the fees on Commissioner's land are set by the department. There is a set fee schedule. Right? Through this agreement with the municipality, would that authority be given to the municipality to structure their own fee schedule, or would they have to abide by the territorial fee schedule?

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. Madam Minister, either you or your staff could respond to the question.

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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Rebecca Mike Baffin Central

Thank you, Mr. Chairman. The regulations would have to be changed before we could do that.

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. Clause 3. Mr. Zoe.

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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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, is the Minister saying that the current regulation that governs fee structure would have to be changed to reflect these amendments once these are passed?

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. Madam Minister.

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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Rebecca Mike Baffin Central

Thank you, Mr. Chairman. Like I said, the regulations would have to be changed, but the legislation we have does not allow it now.

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. General comments. Clause 3. 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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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. Clause 4. Mr. Arvaluk.

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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James Arvaluk Aivilik

I need clarification, again. Is clause 4 commencement? Am I right on that one? Mr. Chairman, this act is deemed to come into force on the day this was in first

reading? What will happen after this first reading. You'll still have to still deal with it in second reading. What will happen if there is an amendment made through a formal motion after the first reading?

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

Madam Minister.

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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Rebecca Mike Baffin Central

Mr. Chairman, in my opening remarks, I stated the retroactivity of this act coming into force is the fact that our legislation has been challenged through the courts. It is merely to prevent any further losses that would jeopardize our municipalities if we don't do this.

---Recording Difficulties

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. I think Mr. Arvaluk was asking on clause 4, the act would come into force on the first reading of the bill. Mr. Arvaluk.

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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James Arvaluk Aivilik

Thank you, Mr. Chairman. I understand the Minister's concern here. Let's not have any more lawsuits here. This act will just do it perfectly. My question is what about if there is a formal motion amending the...after first reading, is my question.

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. Madam Minister.

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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Rebecca Mike Baffin Central

Thank you, Mr. Chairman. I guess it would all depend on what a motion to amend this clause says.

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. Mr. Arvaluk.

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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James Arvaluk Aivilik

Thank you, Mr. Chairman. For example, we had a concern from Mr. Zoe, Mr. Gargan and Mr. Ng on the question of authority on the pending claims outside of the municipalities. Right now I don't think we're prepared to make those provisions or clauses to allow the concerns expressed by some Members in this bill. However, after first reading, we might get together -- 15 Members -- and make an amendment that suits some of the municipalities have -- band councils, hamlet councils and the Government of the NWT in one place that may have conflicting interest because of the pending claims to deal with that. To comply with those wishes, then there may be some requirement for amendments which will only be done after the first reading.

I guess that's the scenario or example that the Minister is requesting, depending on what kind of amendment there would be. Is she saying that no matter what kind of amendments we make concerning the citizens of the NWT regarding quarry programs outside the boundaries, that they cannot be changed if they were not coming into effect, because these will be deemed to be into force after the first reading?

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

Madam Minister. Perhaps I will ask the Law Clerk to explain the commencement of this bill.

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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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. Until such time as this bill is passed through this House and received assent by the Commissioner, this bill will not be in law. So any amendments that this House chooses to make, they're free to make to the bill. For example, you could change clause 4 to have it come into effect two years from now and obviously that would change this bill. So you can make amendments to this bill until such time as it's passed through the House. When it has passed through the House, however, and receives assent of the Commissioner, the bill will then be retroactive to the day it was given first reading which was April 6, 1994, unless clause 4 is amended. If Members choose to amend clause 4, then that will affect the date that this bill comes into effect.

So there are two different things here, the date that the bill becomes law and the date that it comes into effect. The date that the bill becomes law is the date that it's given assent, but it will then be retroactive and will have effect back to April 6, 1994.

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. Agreed?