This is page numbers 1587 - 1614 of the Hansard for the 13th Assembly, 4th 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 nunavut.

Topics

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Ms. Thompson. Mr. Krutko. General comments on the bill? Clause by clause? Committee agreed, we will proceed. An Act to Amend the Property Assessment and Taxation Act. Clause 1. Agreed? Thank you. Clause 2. Agreed? Thank you. Clause 3. Mr. Krutko.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

In regard to the whole area of taxation, who are the groups that were consulted on this? What was the process used to consult people on taxation?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Krutko. Ms. Thompson.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Manitok Thompson Aivilik

Thank you, Madam Chair. It is the same working group we have for the legislation review on financing. This was the resolution requested by the NWTAM, which is representative of all the mayors across the territories. Thank you, Madam Chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Minister Thompson. On the clause by clause, I would ask the Members of the committee if they could keep their questions to the specific clause we are dealing with. Mr. Krutko.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

I thought there were more questions, that is why I held off on my question. I did not think we were going to railroad this through the House like we usually do.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

We can return to general comments, if the committee is agreed. If that is the request of the Member. Mr. Krutko.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

I would like to go back to general comments because, the question that I asked and the concerns that are raised by communities, especially from the aboriginal community, where the whole question about treaty rights has not been defined and is still an outstanding issue. Not only in claims, but between the federal government and this government. I believe this Act will affect the rights aboriginal people feel they have through treaties, especially in regard to taxation, which is a federal jurisdiction.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1611

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Krutko. I will ask the Minister if she could help to explain, deputy minister Penny Ballantyne. Ms. Ballantyne.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ballantyne

Thank you, Madam Chair. Madam Chair, these amendments will not impose any new taxation regime on anybody in the Northwest Territories. It simply amends the process that is currently in place that allows tax based municipalities to recover unpaid property taxes through the courts. This gives the municipalities another alternative process that still keeps the court as a last resort, but allows them to recover those property taxes through a much simpler process that can be controlled by the municipality in a much

shorter timeframe. There is no impact on aboriginal rights with respect to taxation as a result of the amendments that are before the House today. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

If that explanation does not help to clarify the intent of the bill, I would ask then, if the committee is agreed that we return to general comments? Is the committee agreed? Mr. Henry.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Seamus Henry Yellowknife South

Thank you, Madam Chair. I think the Member has a right to an answered question, but I am sure his questions can be answered in each part of the bill, as we go. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

We will return to general comments and any questions the Member has we will take at this time. We will commence the clause by clause consideration after we have concluded general comments. Any further general comments? Mr. Krutko.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

Thank you, Madam Chair. I think it is time to give a little history lesson on how a lot of these communities have been developed, especially in the Mackenzie Valley where treaties are in place. A lot of aboriginal communities have lost their land and their homes to government decisions that are made by someone else. They were told that we will give you a home; you will not have to pay rent; and then at the end of the day, after they move into these facilities, they find out that the property that was traditionally a family home and the land under it which was federal lands which they had thought they had the right to hand down to their next generation, and their generation after that, which may have been in that family for 10 generations after 1921 when the treaties were signed.

They put trust in government to take care of them. For people here, who take the whole idea that economics, commerce and taxation is a way of life, for some people it was imposed on them. I think you have to look in a lot of communities, especially the aboriginal communities where taxation is a foreign thing. A lot of people have lost property because of things they took for granted as someone was there to take care of them. It was either the Department of Indian Affairs, because they were classified as treaty Indians or basically that you had an agent who was there to take care of interests at home as administrators.

If you go to a lot of these communities today, a lot of land that was once traditionally known as property for a particular family, the Charlie Family, the Vitrikoff Family; if you look at the old maps of how these communities were built; they were all traditionally lots of land which were put aside as Indian land for Indian people. But today those properties are no longer Indian land for people, because either the agent gave it to someone for business purposes or it was lost because of the transaction of an individual moving out of the home that they traditionally owned into what we call now the Housing Corporation which gives social housing to aboriginal people so they can live. By making that decision, there was a misunderstanding that we will give you this place, it will be better than the house you live in, you did not have to pay any rent, and now a lot of people are getting evicted because they do not pay their rent. They had a home in the first place . They do not have that any more. A lot of people today get tax assessments in the mail. Especially a lot of the elders, get them five or six times in the mail, and they are wondering if the police are going to come knocking on their door because they do not know how they come to owe this much money.

If you look in the assessment, it says $85,000. For them it is a lot of money. They do not understand why they have to pay that. So they come to an MLA or a band council and say, look, I got this in the mail. I got a bill. They do not understand the process. But I think the whole idea of taxation, especially in regard to that, there is a battle now on between the whole question about the federal responsibility in the north, especially where land was put aside for use in communities which have been sold to the private sector for other purposes in which the band no longer has the opportunity to go through the negotiation process of claims.

Also, there is an obligation under the treaties to establish reserves. But if the land is not there in the communities for the aboriginal people to establish, what other lands are going to be available to them?

I think from my view, this is an issue that has to be looked at because it is based on the fundamental rights, which are handed down under treaties and also protected under section 35, the Canadian Constitution.

Also, the exemption that aboriginal people have to taxation such as property taxes on lands in communities where those lands still exist. There has to be more of an effort made to look at the whole area, any taxes or any means of taxes on aboriginal people who have rights which are protected under the Constitution, and also under the obligations the federal government has.

I believe a lot of aboriginal people who thought they were protected when they built houses on federal lands and now receive assessment notices, and a bill for taxes, are wondering what happened? I think this has to be cleared up.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Krutko. I just want to remind the Members that this bill, specifically relates to Municipal Taxing Authorities, tax based municipalities. Some of the comments Mr. Krutko is making may refer to incidents which took place in tax-based municipalities at some point in time. I would like to remind Members that the intent of the bill is towards taxed based municipalities. Minister Thompson.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Manitok Thompson Aivilik

Thank you, Madam Chair. The Member is raising some good issues, but what he is raising has nothing to do with the bill before the Committee. MACA does not set or collect taxes in general taxation areas.

These provisions do not apply to anyone who is on the IAB land or federal land. What we are trying to do is that this bill would provide a more streamlined process for collecting outstanding property taxes. The NWT Association of Municipalities has requested these amendments because the current process which requires taxing authorities to go to court, is often long, complicated and expensive. In some cases the legal costs are so high, it is not worth it for them to use this process at all.

We are just trying to streamline the process for collecting outstanding property taxes. As I said before, these amendments would not allow municipal taxing authorities or the Department of Finance to sell Indian Affairs Branch or band lands or any land that is exempt from taxation or cannot be sold under a land claims agreement. This is just to streamline the process. Thank you, Madam Chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Madam Minister. Further general comments? General comments. Clause by clause?

Clause 1. Agreed? Thank you. Clause 2. Agreed? Thank you. Clause 3. Agreed? Thank you. Clause 4. Agreed? Thank you. Page 23, clause 5. Agreed? Thank you. Clause 6. Agreed? Thank you. Clause 7. Agreed? Thank you.

Bill as a whole. Agreed? Thank you. Does the Committee agree that Bill 20 is ready for Third Reading? Agreed? Thank you. Bill 20 is now ready for Third Reading. Thank you, Madam Minister. Thank you, witnesses. That concludes Bill 20 and 25 in committee of the whole. What is the wish of the committee? Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Madam Chair, I move we report progress.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. There is a motion on the floor to report progress. We do not have a quorum so I will have to ring the bell.

We have a motion on the floor to report progress. The motion is in order. It is not debatable. All those in favour of the motion? Those opposed? Motion is carried. I will rise and report progress. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Speaker Samuel Gargan

Good evening. The House will come back to order. We are on item 20, report of committee of the whole, Mrs. Groenewegen.

Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole

October 14th, 1997

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Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Speaker, your committee has been considering Bill 25, Supplementary Appropriation Act, No. 2, 1997-98 and Bill 20, An Act to Amend the Property Assessment and Taxation Act and would like to report that Bills 25 and 20 are ready for third reading. Mr. Speaker, I move that the report of the committee of the whole be concurred with. Thank you, Mr. Speaker.

Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole

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The Speaker Samuel Gargan

Thank you. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Motion is carried. Item 21, third reading of bills. Mr. Ng.

Bill 3: Family Law Act
Item 21: Third Reading Of Bills

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Kelvin Ng Kitikmeot

Mr. Speaker, I move, seconded by the honourable Member for Aivilik that Bill 3, Family Law Act be read for the third time.

Bill 3: Family Law Act
Item 21: Third Reading Of Bills

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The Speaker Samuel Gargan

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 3 has had third reading. Third reading of bills. Mr. Arlooktoo.

Bill 15: An Act To Amend The Workers' Compensation Act
Item 21: Third Reading Of Bills

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Jim Antoine Nahendeh

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Yellowknife Frame Lake, that Bill 15, An Act to Amend the Workers' Compensation Act be read for the third time.