This is page numbers 1067 - 1096 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 chairman.

Topics

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

Some Hon. Members

Agreed.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

The Chair

The Chair Vince Steen

Does the committee agree that Bill 8 is now ready for third reading?

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

Some Hon. Members

Agreed.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

The Chair

The Chair Vince Steen

Bill 8 is now ready for third reading.

-- Applause

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

The Chair

The Chair Vince Steen

May I suggest a five minute break?

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

Some Hon. Members

Agreed.

-- Break

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

The committee will come back to order. We are on Bill 7, Municipal Statutes Amending Act. Does the Minister have any opening remarks?

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1090

Manitok Thompson Aivilik

Thank you, Madam Chair. Yes I do. Thank you. This bill is the result of a partnership between the department and NWT Association of Municipalities. The Association has participated in the municipal legislation review since it first began in May, 1995. We are very grateful for the important contribution made by the members and the staff of the association, in particular, President Dennis Bevington. We look forward to continuing this partnership through the next phase of the legislation review. The association was represented at both the steering committee and the working group levels of the review committee. The working group also included representatives from the Association of Municipal Administrators of the NWT and the Minister of Aboriginal Affairs. I believe that the participation of the stakeholders, as well as experienced staff, has resulted in amendments that will work.

I know that communities are looking forward to these amendments. Many of the changes in this bill are long overdue. Some of the changes will be important for community empowerment, especially the new provisions allowing hamlets and chartered communities to borrow on a long term basis for land development. The new provision allows communities to enter into agreements with the GNWT to receive responsibility for programs and services.

Other provisions will simply make it easier for municipalities to carry out their day-to-day businesses. At this time, I would like to acknowledge the important role the Standing Committee on Infrastructure has played throughout the process of developing this bill. They have been very supportive of our goal of making changes to legislation, which will strengthen community government. I thank them for their support.

I should indicate to committee members that some changes were made to the bill during the review by the Standing Committee on Infrastructure. The most important change is the removal of the tax sales provisions. The other recommendation concerns minor changes to the provisions on the chief municipal electoral officer, long-term leasing of personal property and refunds for over-payments of property taxes. I am pleased to say I am in full support of these changes. I would be happy to discuss these changes in more detail later.

This bill represents phase 1 of the municipal legislation review. Many of the amendments of the bill are in response to resolutions passed by the Association of Municipalities at its annual general meetings. Other necessary changes were identified by GNWT staff. The primary goal for phase 1 of our legislation review was to make changes needed right away to help councils meet their responsibilities. I believe we have achieved this goal.

This bill is only the first step. Our next goal will be to rewrite the tax sales provision and re-introduce them as a new bill. Changes to the broadened municipal borrowing powers could also be included in this bill. At the same time, we will be pursuing phase 2, which will produce broader changes to the powers and responsibilities of community governments.

As I said a moment ago, the participation of the Association of Municipalities and other stakeholders have been invaluable to the legislative review. I believe this bill is an example of high quality results that meaningful consultation can produce. I am confident that I can assure committee members that these amendments will benefit all NWT residents by helping community governments to do their jobs more effectively. Thank you, Madam Chair.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

The Chair

The Chair Jane Groenewegen

Thank you, Minister Thompson. At this time would the Chairman of the Infrastructure Committee, which reviewed the bill, like to present the committee's comments on the bill? Thank you, Mr. Picco.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

Edward Picco Iqaluit

Thank you, Madam Chairperson. Bill 7, Municipal Statutes Amending Act, proposes to amend the Cities, Towns and Villages Act, the Hamlets Act, the Charter of Communities Act, the Settlements Act, the Local Authorities Election Act and the Property Assessment and Taxation Act.

The proposed amendments include: provisions which will allow councils to enter into lease agreements not exceeding 10 years, providing the authority to transfer GNWT programs and services to municipal corporations, allowing both tax and non-tax based municipal corporations to borrow for land development, reducing maximum period for giving notice to a municipal corporation from 60 to 30 days, and also for providing for the appointment of chief municipal electoral officer.

Madam Chairperson, while reviewing the bill, the Minister of Municipal and Community Affairs proposed amendments. The largest of these amendments removed the entire tax sales provision. Other amendments proposed by the Minister made minor changes regarding the chief municipal electoral officer, long-term leasing of personal property and refunds on the overpayment of taxes. Madam Chairperson, the Standing Committee on Infrastructure supported these amendments and moved motions to amend the bill in standing committee.

The Committee held public hearings on the bill on February 19th and 26th, 1997. During these meetings, committee members heard a presentation by the Northwest Territories Association of Municipalities. The Association identified its strong support for the proposed amendments and outlined its high level of involvement while developing the bill. The Committee also heard a presentation asking that the bill be amended to allow municipalities to borrow from a variety of sources when seeking short and long term funding. Committee recognizes such amendments are outside the scope of this bill, but remains interested in the proposal and looks forward to a more detailed review at the appropriate time.

The Committee members raised a concern with the long term borrowing provisions of this bill. Under the proposed legislation, communities would be able to borrow for the development of up to three years worth of lot demand and then pay back the loan with revenues from leasing the lots. Members noted that this could place communities at risk and questioned the reliability of leased revenue.

Keeping in mind these concerns, Madam Chairperson, the Standing Committee on Infrastructure passed a motion that Bill 7, the Municipal Statutes Amending Act, be reported to the Assembly as ready for consideration in the committee of the whole, as amended and reprinted. Following the clause by clause review of this bill, Members identified a subsequent concern regarding the maximum period for giving notice to a municipal corporation. The bill outlines that this maximum period would be decreased from 60 to 30 days. Members wanted to provide communities with the flexibility to establish a longer notice period by bylaw. Members felt that this flexibility would help meet the unique needs of remote northern communities. The committee will be introducing a motion to this effect during the clause by clause deliberations. Thank you, Madam Chairperson.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

The Chair John Ningark

Thank you, Mr. Picco. Does the committee agree that we should invite the Minister to bring witnesses?

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

Some Hon. Members

Agreed.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

The Chair

The Chair Jane Groenewegen

Thank you. Would the Minister like to bring witnesses?

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

Manitok Thompson Aivilik

Yes, Madam Chair.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1091

The Chair

The Chair Jane Groenewegen

Thank you. I will ask the Sergeant-at-Arms, please if he would. Madam Minister,

would you like to introduce your witnesses for the record please?

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Manitok Thompson Aivilik

Thank you, Madam Chair. To my left is my deputy minister of MACA, Penny Ballantyne, to my right is Denise Gagnon from legal council for legislative council.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
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 very much. Welcome to you and your staff. General comments on the bill. Are there any general comments? If there are no general comments, we will proceed to go clause by clause in consideration of the bill.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

Some Hon. Members

Agreed.

Committee Motion 43-13(4): To Develop An Approach To Deal With Forced Growth
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Could I please direct all the Members' attention to Bill 7 in your green binders. Bill 7, reprint, Municipal Statutes Amending Act, clause 1, page 1. Municipal Statutes Amending Act, part 1, Charter Communities Act, clause 1. Mr. Steen.

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

March 4th, 1997

Page 1092

Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair.

I MOVE that sub-clause 1(9) of Bill 7 be amended by deleting proposed paragraph (a) and by substituting the following: (a) notice is given to the senior administrative officer in writing within 30 days after the damage was sustained or within such a period of time as a council may by bylaw designate.

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. Your motion is in order. To the motion. Mr. Steen.

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair. The intent of this motion is to provide communities with some flexibility in setting notice periods which meet the needs of the residents of the communities. Right now the law is that a person who has suffered damages from no repair must notify the municipality within 60 days of suffering the damage. Bill 7 proposes to reduce that period to 30 days. This is in response to an NWT Association of Municipality motion which proposed a notice period of 14 days. However, in some communities a longer notice period than 30 days may be fairer to the residents of the community. For example, in some communities where boats are parked for the winter by a road, it might be more appropriate to have a longer notice period for damage, because sometimes the damage would not be discovered until summer when the boat is used.

The effect of my motion to amend this clause would allow the community to adapt a different longer notice period, if it is felt that is appropriate for the residents of the community. This issue was discussed in the Infrastructure Committee and had the general support of Members of that committee. I urge all Members to support this motion.

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. To the motion. Question is being called. All those in favour. All those opposed? The motion is carried.

-- Applause

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Clause 1 as amended.

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.