This is page numbers 205 - 225 of the Hansard for the 12th Assembly, 7th 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 ---agreed.

Bill 10: An Act To Amend The Liquor Act
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The Chair Brian Lewis

This is a reprint; An Act to Amend the Liquor Act. Is the Minister sponsoring this bill in the House? Mr. Nerysoo.

Minister's Introductory Remarks

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. I am pleased to introduce Bill 10, An Act to Amend the Liquor Act.

This bill would allow the Minister to appoint by-law officers serving in liquor prohibited communities as special by-law officers with the authority to search for and to seize liquor in vehicles.

The bill also includes new provisions that specifically allow peace officers, as well as special by-law officers, to stop vehicles for the purposes of searching them.

Mr. Chairman, it should be made clear that these special by-law officers would only be appointed from the group of by-law officers who are already in place within a municipality. Such appointments would be made only in communities where the population has voted to establish liquor prohibition.

It is anticipated that these new provisions will be helpful for dry communities where there is no RCMP presence. They are aimed at empowering communities with options that can be used to take on increasing levels of responsibility for liquor regulation, if that is what the community chooses to do.

Mr. Chairman, in this respect, these amendments are very much in keeping with the recommendations in the Final Report of the Special Committee on Health and Social Services that called for better local measures for combatting the flow of illegal alcohol into our communities.

They are also consistent with comments the department has received over the course of its comprehensive liquor law review, Mr. Chairman. Many groups and individuals who took part in this initiative were clear that this government should be moving now to provide communities with authority over mechanisms that control liquor at the local level.

Mr. Chairman, this government recognizes that effective enforcement is an important component to strong regulatory systems. Through this amendment, and through subsequent changes that will be forthcoming when the liquor law review is complete, we hope to move toward a better working and more locally-accountable liquor control system in the Northwest Territories. Thank you, Mr. Chairman.

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The Chair Brian Lewis

Thank you, Mr. Nerysoo. The Standing Committee on Legislation has reviewed the bill. Mr. Whitford.

Standing Committee On Legislation Comments

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. I am pleased, on behalf of the Standing Committee on Legislation, to report on Bill 10, An Act to Amend the Liquor Act.

Mr. Chairman, Bill 10, An Act to Amend the Liquor Act, proposes to change the act to provide that the Minister may appoint by-law officers in municipalities where liquor is prohibited to be special by-law officers for the purposes of:

-entering and searching any vehicle for unlawful liquor;

-seizing any unlawful liquor found in a vehicle; and,

-directing a driver to stop his vehicle and park it for the purpose of a search for unlawful liquor.

It is important to note that the amendments specify that the officer must have reasonable grounds to believe that liquor is being kept or had in any vehicle, prior to stopping or searching it.

The standing committee held public hearings on this bill in Yellowknife on December 12, 1994. Although there were no presentations from the public, in responding to the Member's concerns, the Minister assured the committee that these amendments have come about at the request of various prohibited communities who have experienced difficulties in controlling the flow of liquor. In addition, the Minister explained that officers appointed as special by-law officers would undergo the necessary training, assessment and certification prior to undertaking these duties.

The committee passed a motion to amend the definition of municipalities in the bill to include charter communities.

Mr. Chairman, the Standing Committee on Legislation supports these amendments and passed a motion that Bill 10, An Act to Amend the Liquor Act, be reported to the Assembly as ready for consideration in committee of the whole, as amended and reprinted. Thank you, Mr. Chairman.

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The Chair Brian Lewis

Thank you, Mr. Whitford. Mr. Nerysoo, for the review of your bill do you want to remain in your seat or do you want to bring in witnesses?

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Richard Nerysoo Mackenzie Delta

If I could, Mr. Chairman, seek the support of my colleagues to bring in witnesses.

Bill 10: An Act To Amend The Liquor Act
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The Chair Brian Lewis

Agreed?

Bill 10: An Act To Amend The Liquor Act
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Some Hon. Members

Agreed.

---Agreed

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The Chair Brian Lewis

Sergeant-at-Arms, maybe you could bring in the witnesses, please.

Thank you. Mr. Nerysoo, for the record, would you like to introduce your witnesses to us, please.

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Richard Nerysoo Mackenzie Delta

Thank you, if I could, Mr. Chairman. On my right is the deputy minister, Mr. John Quirke. On my left is the legal counsel, Mr. Shawn Flynn.

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The Chair Brian Lewis

Thank you, Mr. Nerysoo. Members, general comments on Bill 10, An Act to Amend the Liquor Act. Mr. Zoe.

General Comments

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Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. I'm in favour of these types of amendments, particularly to appoint a by-law officer in municipalities where liquor is prohibited. But in the Minister's opening remarks, he indicated that the Minister may appoint by-law officers which are currently in place at the municipalities. And in the chairman's remarks for our Legislation committee, he indicated that only the Minister may appoint by-law officers in municipalities. So I am getting two different signals from the chairman of Legislation and also from the Minister responsible for the bill.

In his remarks, he indicated that this bill would allow the Minister to appoint by-law officers serving in a liquor-prohibited community, special by-law officers, with authority to search, seize, et cetera, and he points out that these special by-law officers would only -- and I emphasize "only" -- be appointed from a group of by-law officers who are already in place within a municipality.

Now, the chairman from our Legislation committee indicates, in general terms, that the Minister may appoint by-law officers in municipalities where liquor is prohibited to be special by-law officers for the purpose of searching, et cetera. Now, who is correct? Is it just generally? Because I would oppose this bill, Mr. Speaker, because I have a community which I would say is a medium-sized community, which doesn't have RCMP, which is a dry community and even if this bill is passed there would be no provision -- if the Minister's remarks are correct -- for them to appoint a special by-law officer for that municipality. So if I can get some clarification, Mr. Chairman, I would appreciate it. Mahsi.

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The Chair Brian Lewis

Thank you, Mr. Zoe. Maybe you could clear up that confusion, Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. I cannot say either one is wrong. Except I can say to the honourable Member that section 3, more specifically, clause 49.1(2) where it deals with persons eligible, the clause reads "special by-law officers shall be appointed from among the by-law officers of that municipality," so it is very specific.

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The Chair Brian Lewis

Okay, thank you, Mr. Nerysoo. Mr. Zoe.

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Henry Zoe

Henry Zoe North Slave

So if a municipality that doesn't currently have a by-law officer, the Minister will not be able to appoint anybody for that community, even if it is a dry community and even if it doesn't have an RCMP present.

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The Chair Brian Lewis

Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Mr. Chairman, that is correct.

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The Chair Brian Lewis

Anybody else? General comments. Mr. Pudluk.

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Ludy Pudluk High Arctic

Thank you, Mr. Chairman. I am supporting this bill also. I think it's quite a good bill, especially for the small, dry communities. I have only one concern: with smaller communities, with a population of about 150, there won't be as many vehicles running around in those communities. When they are talking about vehicles, does that include all-terrain vehicles and skidoos?

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The Chair Brian Lewis

Thank you, Mr. Pudluk. Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Mr. Chairman, if I might give the definition because the definition of a vehicle is quite substantive, it includes a lot of other issues and, if I could, the definition given to a vehicle means "any means of transportation by land, water, or air and includes any motor car, automobile, truck, snowmobile, tractor, airplane, vessel, boat, launch, canoe, or any other thing used in any way for transportation." So it's quite a broad interpretation that could be given.

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The Chair Brian Lewis

Thank you, Mr. Nerysoo. Is that okay, Mr. Pudluk? Are you satisfied, Mr. Pudluk?

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Ludy Pudluk High Arctic

Thank you. My supplementary is does that include dog teams, too? Because there are a few dog teams in the communities.

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The Chair Brian Lewis

Thank you, Mr. Pudluk. Mr. Nerysoo.