Debates of July 29th, 1999

This is page numbers 693 - 720 of the Hansard for the 13th 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 aboriginal.

Topics

Members Present

Item 1: Prayer

Dogrib Agreement-in-principle

Financing The Implementation Of Self-government - GNWT Principles

Minister's Forum On Health And Social Services

Aboriginal Sport Circle Annual General Meeting

Response To Minister's Forum On Education

Planned Construction Of Correctional Facility

Government Inaction On Governance Issues

Resource Agreements With NWT First Nations

Comments On Electoral Boundaries Debate

First Aboriginal Youth Conference

Transfer Of Federal Government Positions To The North

Award Of Bravery To Darryl Gruben

Return To Oral Question 218-13(7): Seniors' Municipal Tax Obligations

Item 5: Recognition Of Visitors In The Gallery

Government Response To Aboriginal Request

Consultation On Correctional Facilities

Progress On Northern Accord Negotiations

Moving Federal Positions North

Community Market Garden Development Program

Dogrib Agreement-in-principle

Petition 6-13(7): Keep The Flag The Way It Is

Item 12: Reports Of Committees On The Review Of Bills

Tabled Document 58-13(7): Financing The Implementation Of Self-government - GNWT Principles

Tabled Document 59-13(7): NWT Power Corporation 1998-99 Annual Report

Tabled Document 60-13(7): Minister's Response To The Forum On Education

Tabled Document 61-13(7): Press Release From Western NWT Aboriginal Summit On Bill 15

Tabled Document 62-13(7): Financial Administration Manual Directive 302

Move Td 61-13(7) Into Committee Of The Whole

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

To Amend Clause 2 Of Bill 15

To Amend Appendix A Of Bill 15

To Amend Appendix B Of Bill 15

To Delete Clause 4 Of Bill 19

To Amend Clause 7 Of Bill 19

Item 20: Report Of Committee Of The Whole

Item 22: Orders Of The Day

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 717

Seamus Henry Yellowknife South

Thank you, Madam Chairperson. The Standing Committee on Infrastructure and Resource Development reviewed Bill 20, the Municipal Statutes Amendment Act, on June 28, 1999. The committee would like to thank the Minister of Municipal and Community Affairs and his officials for presenting the bill.

Currently in the Northwest Territories, there is no offence of trespassing on the property of another, unless the trespass involves damage to property or theft, is done at residential premises at night or otherwise constitutes an offence under the Criminal Code of Canada.

This bill proposes to amend the Charter Communities Act, the Cities, Towns and Villages Act, and the Hamlets Act, to enable municipalities to make bylaws to prohibit trespassing on private or public property if the municipality considers it necessary.

The Department of Municipal and Community Affairs developed this bill at the request of the ordinary Members of the 13th Legislative Assembly after consultation with the Northwest Territories Association of Municipalities.

The committee expressed concern that most communities may not have the necessary resources to effectively enforce municipal trespassing legislation. The Minister replied that his department would provide assistance to communities to ensure trespass bylaws are reasonably enforced.

Further, the committee was concerned enforcement methodology may vary from community to community. Enforcement may be made by peace officers in some communities. In other communities, enforcement may be made by a representative of the property owner. The Minister replied that the department would provide guidelines to the communities to ensure enforcement methodology is consistent.

Finally, Committee Members expressed concern that the rights of claimant groups may be compromised by the proposed municipal trespass legislation. The Minister and his staff explained that the terms of any land claim agreements will always prevail over municipal or territorial legislation.

Madam Chairperson, following the committee's review, a motion was carried to report Bill 20, Municipal Statutes Amendment Act, to the Assembly as ready for the committee of the whole.

Additional comments or questions of Members may be posed as we proceed. Thank you, Madam Chairperson.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you, Mr. Henry. I would now like to ask the Minister if he would like to bring witnesses.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Vince Steen Nunakput

Madam Chairperson, no, I do not believe there is much controversy here. I think it is a pretty straightforward bill.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. General comments on the bill. Mr. Henry.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

July 28th, 1999

Page 718

Seamus Henry Yellowknife South

Madam Chairperson, I too would like to, as mentioned in the report, compliment the Minister and the government for their responsiveness to the Ordinary Members bringing this type of legislation to reality. It will certainly bring a lot of certainty to people in the territories and municipalities also. Thank you, Madam Chairperson.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you, Mr. Henry. General comments. There are no further general comments. Is the committee agreed to proceed with clause by clause?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. Bill 20, Municipal Statutes Amendment Act. Clause 1. Agreed?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Clause 2. Agreed?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Clause 3. Agreed?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. Bill as a whole. Agreed?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. Does the committee agree that Bill 20 is ready for third reading? Agreed?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. Bill 20 is now ready for third reading. Thank you, Mr. Steen. What is the wish of the committee? Are you ready to proceed to Bill 24? Mr. Dent has suggested Bill 24. Is the committee agreed that we proceed to Bill 24, An Act to Amend the Access to Information and Protection of Privacy Act? Agreed?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Some Hon. Members

Agreed.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. I will ask Mr. Dent, as the Government House Leader, to present the bill. Thank you, Mr. Dent.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Charles Dent Yellowknife Frame Lake

Madam Chairperson, on behalf of the Management and Services Board, I am pleased to introduce Bill 24, An Act to Amend the Access to Information and Protection of Privacy Act. The purpose of this bill is relatively straightforward and I hope will be supported by all Members in this House. The present Acting Information and Privacy Commissioner has indicated that she has received a request for review which she is unable to handle because of a conflict. She would like to have this review transferred to another individual to handle, however, under the present wording of the Access to Information and Protection of Privacy Act, only the Commissioner can conduct a review. She cannot delegate this function to another.

Madam Chairperson, this bill proposes to allow for the appointment of a special Information and Privacy Commissioner to act in circumstances where the Information and Privacy Commissioner has determined that she cannot act in a particular matter. This bill would allow the Information and Privacy Commissioner to carry out her statutory functions while still providing for all reviews to be conducted by a commissioner. It provides her with the flexibility that she needs in order to do her job properly.

Madam Chairperson, the Information and Privacy Commissioner was consulted with respect to whether this bill solves the issue she brought to our attention, and she has indicated that she supports the passage of this bill.

Madam Chairperson, I am prepared to answer any questions that the committee Members may have about this bill. Thank you.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you. I will ask the chairman of the Standing Committee on Government Operations to bring the committee's review of the bill. Mr. Erasmus.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

Roy Erasmus Yellowknife North

Thank you, Madam Chairperson. The Standing Committee on Government Operations reviewed Bill 24, An Act to Amend the Access to Information and Protection of Privacy Act at its meeting on July 29, 1999. The committee would like to thank the Honourable Charles Dent for presenting the bill and responding to the committee's questions.

Bill 24 would amend the Access to Information and Protection of Privacy Act to allow the Management and Services Board to appoint a special information and privacy commissioner where the commissioner has determined that he or she should not act in a particular matter. The Commissioner now has a conflict with respect to a review, and the act does not currently allow another individual to act on a single review in the Commissioner's place. The bill provides that the special commissioner will hold office until the conclusion of the matter for which he or she was appointed.

Madam Chairperson, the standing committee supports this amendment. Committee Members may have questions or comments on the bill as we proceed. This concludes the standing committee's comments on Bill 24, An Act to Amend the Access to Information and Protection of Privacy Act. Thank you.

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 718

The Chair Jane Groenewegen

Thank you, Mr.

Erasmus. Mr. Dent, would you like to bring witnesses?

Committee Motion 43-13(7): To Amend Clause 7 Of Bill 19
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 719

Charles Dent Yellowknife Frame Lake

Madam Chairperson, I have witnesses available, but maybe we could see if Members have questions.

Debates of July 29th, 1999

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