This is page numbers 1441 - 1471 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 know.

Topics

Financial Implications Of Division
Item 3: Members' Statements

Page 1442

Some Hon. Members

Agreed.

---Applause

Financial Implications Of Division
Item 3: Members' Statements

Page 1443

The Speaker Samuel Gargan

The Member for Yellowknife North is seeking unanimous consent. Are there any nays? There are no nays. Conclude your statement, Mr. Ballantyne.

Financial Implications Of Division
Item 3: Members' Statements

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Michael Ballantyne Yellowknife North

Thank you, Mr. Speaker. We have some difficult times ahead. I think we have the capacity and will in this House to deal with those times. It is very important that we remember that the federal government has the ultimate responsibility to live up to their commitments. For the rest of us, the name of the game is we hang together, do our best and that will get us through these tough times. Thank you, Mr. Speaker.

---Applause

Financial Implications Of Division
Item 3: Members' Statements

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The Speaker Samuel Gargan

Item 3, Members' statements. Mr. Koe.

Appreciation To Assembly Staff For Preparation Of Educational Material
Item 3: Members' Statements

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Fred Koe Inuvik

Mahsi, Mr. Speaker. Mr. Speaker, today I have a good-news statement. Periodically, when I go to Inuvik, I get invited to talk to students in the schools. They want me to talk about politics and government systems. A few months ago, I met with the senior students in SAMS Elementary School. At that time, I used the information and educational package that was prepared by the Legislative Assembly. When I was in Inuvik, I met one of the teachers whose classes I talked to. I handed this material out at the end of my talk and they used it in their discussions afterward. She said the students were very pleased with the information that was provided to them. It was very concise and useful information.

So I would like to take this opportunity, on behalf of those students and instructors, to thank the Speakers who have been involved in preparing this information and thank the staff of the Legislative Assembly for doing a very good job. Mahsi.

---Applause

Appreciation To Assembly Staff For Preparation Of Educational Material
Item 3: Members' Statements

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The Speaker Samuel Gargan

Item 3, Members' statements. Mr. Todd.

Appreciation To Assembly Staff For Preparation Of Educational Material
Item 3: Members' Statements

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John Todd Keewatin Central

Mr. Speaker, could I seek unanimous consent to return to item 2. I apologize for missing that.

Appreciation To Assembly Staff For Preparation Of Educational Material
Item 3: Members' Statements

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The Speaker Samuel Gargan

The Member for Keewatin Central is seeking unanimous consent to return to item 2, Ministers' statements. Are there any nays? There are no nays. Mr. Todd.

Minister's Statement 104-12(7): Business Corporations Act
Revert To Item 2: Ministers' Statements

June 20th, 1995

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John Todd Keewatin Central

Thank you, Mr. Speaker. Thank you, honourable colleagues. Mr. Speaker, on behalf of the Minister of Justice, I would like to provide an update on the commercial law reforms. While much work remains to be done, it is timely to summarize the progress which has been made to date.

1. After over 25 years of attempts to complete the job, the transfer of the land titles program was completed in the summer of 1993.

2. The Personal Property Security Act was first tabled in 1993 and eventually passed in 1994. Regulations are now being drafted and the computer program and public relations materials necessary to implement the act will soon be developed. It is anticipated that this act will come into force in early 1996.

3. Amendments to the Partnership Act were passed and came into force on January 1st of this year.

4. Amendments to the Co-operative Associations Act were passed earlier in the current session and changes to the regulations necessary to bring the amendments into force are now being drafted.

5. Amendments to the Land Titles Act were passed in April, some of which are already in force. To bring into force the remaining amendments, regulations are now being drafted.

At the appropriate time later today, I will table a consultation draft of a Business Corporations Act. This draft is being circulated to the business community and the legal and accounting professions for their comments. This act would replace the present Companies Act and Companies Winding-up Act.

The current Companies Act closely resembles the Companies Act of Alberta, which they replaced more than 10 years ago. It has not been adapted to current commercial practices and in a number of areas overlaps with personal property security legislation and securities legislation. In the past 15 years, most of the provinces and the Yukon have adopted legislation based upon the Canada Business Corporations Act.

A Business Corporations Act would strike an appropriate balance between the interests of the majority and minority shareholders, creditors and the public dealing with companies. At the same time, it would simplify procedures, eliminate unnecessary applications to the court and eliminate areas of duplication with other legislation.

Specifically, the new act would:

1. Simplify the procedure for incorporation, including elimination of the requirement to specify the objectives of the company and the requirement that each company have at least two shareholders.

2. Improve the process for the approval of company names.

3. Provide greater flexibility in the share structure and in the relations between shareholders.

4. Simplify the procedure for amendments to the corporations share capital and for amalgamations, including reducing the requirements for court approval of these fundamental changes. This is achieved in part by providing for specific rights for minority shareholders who are not in agreement with the fundamental changes.

5. Simplify the procedures for dissolving and reviving companies, including dispensing with the requirement for court approval in most instances.

6. Eliminate unnecessary applications to the court while allowing recourse to the courts in the case of legitimate problems. The Companies Act now provides that almost all fundamental changes to a corporation require the approval of the court, even where there are no shareholders who disagree with the changes. In other cases, the legitimate concerns of minority shareholders are not adequately addressed.

Once all comments are received from the public, the bill will be prepared, Mr. Speaker, for consideration by the 13th Legislative Assembly. Thank you.

Minister's Statement 104-12(7): Business Corporations Act
Revert To Item 2: Ministers' Statements

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The Speaker Samuel Gargan

Thank you. Item 2, Ministers' statements. Ms. Cournoyea.

Minister's Statement 105-12(7): Territorial Court Act
Revert To Item 2: Ministers' Statements

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Nellie Cournoyea Nunakput

Mr. Speaker, later today on behalf of the Honourable Stephen Kakfwi, Minister of Justice, I will table a document which identifies proposed amendments to the Territorial Court Act. This document has been prepared for the purposes of public consultation over the summer.

Members will recall that in 1992 the NWT Court of Appeal, in its judgment in the "Temela" group of cases, urged the government to undertake reforms to the act because of the potential for ministerial interference in the discipline of judges in ways which would violate the right under the Charter of Rights and Freedoms to be tried by an independent and impartial tribunal.

If these proposed changes became law in the NWT, we will be in line with a trend that commenced in Ontario and Manitoba. Thank you, Mr. Speaker.

Minister's Statement 105-12(7): Territorial Court Act
Revert To Item 2: Ministers' Statements

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The Speaker Samuel Gargan

Thank you. Item 2, Ministers' statements. Item 3, Members' statements. Item 4, returns to oral questions. Ms. Cournoyea.

Further Return To Question 592-12(7): Consultation For Development Of Official Languages Handbook
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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Nellie Cournoyea Nunakput

Mr. Speaker, I have a return to an oral question asked by Mr. Allooloo on June 13th regarding consultation for development of the official languages handbook. Mr. Allooloo asked if the Premier would be able to provide the Legislative Assembly the list of aboriginal groups who had general discussions with the officials of the department. During the fall and winter, the assistant deputy minister of official languages met or had phone conversations with the following:

- representatives from the Dene Cultural Institute;

- representatives from the Inuit Cultural Institute;

- representatives from the Baffin Regional Inuit Association;

- Languages Commissioner;

- representatives from the Federation Franco-TéNOise;

- representatives from the Nunavut Implementation Committee;

- representatives from the Hay River Treatment Centre;

- representatives from the Hay River Friendship Centre; and,

- representatives from the Fort Smith Friendship Centre

The purpose of those consultations was to ascertain the areas where the GNWT should focus its language resources on. The community representatives consulted stressed that funding should be directed at community-based initiatives for enhancement, maintenance and revitalization of languages. These comments played an important role in the development of official languages guidelines.

Further Return To Question 589-12(7): Number Of GNWT Lay-offs Due To Language Funding Cuts
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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Nellie Cournoyea Nunakput

Mr. Speaker, I have another return to an oral question asked by Mr. Ningark on June 13th, regarding the number of GNWT layoffs due to the language funding cuts. Mr. Speaker, employment entitlements are not determined by the source of funding for their position. Government staff are hired pursuant to the Public Service Act and their terms and conditions of employment are determined by the act and are applicable to collective agreements and government policies. Whether an employee's position is funded from either vote 1 or vote 4 resources, their entitlements would not be affected. Thank you, Mr. Speaker.

Further Return To Question 589-12(7): Number Of GNWT Lay-offs Due To Language Funding Cuts
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker Samuel Gargan

Item 4, returns to oral questions. Item 5, recognition of visitors in the gallery. Item 6, oral questions. Mr. Ballantyne.