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.