This is page numbers 1231 - 1274 of the Hansard for the 14th Assembly, 5th 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 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1258

Law Clerk Ms. Peterson

Thank you, Mr. Chairman. I think I can give the assurances that the Member is looking for, that the passage of section 7 as amended would not render that part of the Legislative Assembly and Executive Council Act invalid. The reason for that is that the amendment requires that in order to be exempt from that ground of discrimination, you have to be the owner of a business, so it is not an across-the-board kind of situation. So a Member of the Legislative Assembly does not meet that sort of threshold permission, if I can put it that way, under that subsection as it being okay for the owner of a business to exercise family preference. Thank you, Mr. Chairman.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Thank you, Ms. Peterson. Ms. Lee.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Sandy Lee

Sandy Lee Range Lake

That raises another question then. So this amendment that allows small businesses to hire family, that is an exception to the rule. Is that what we did? So the rule is you are not allowed to hire family, or you are not allowed to discriminate against anybody on the basis of family affiliation. I am just wondering if the committee or everybody has considered that, because I can think of other situations other than...I do not know. This is very confusing.

From what I am hearing, from what Ms. Peterson is saying, is that by this amendment, we give an exception to the family so that they can hire their own people, you know, do whatever they want because that is...you know, they are allowed to do that. But that is not allowed everywhere else, and I am not sure if that is the kind of law we have. I guess I am just not understanding the full implication of why...okay, let's go back to...let me put it this way. What are we trying to accomplish with having protection of family affiliation as a prohibitive grounds? Maybe that is a better question. Thank you.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Ms. Peterson.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Law Clerk Ms. Peterson

Thank you, Mr. Chairman. The way the act was originally drafted, before it came before the committee for review, it was a prohibitive ground on the basis of family affiliation, political persuasion and so on, with respect to hiring. So that already existed in the draft bill, that no person shall, on the basis of an individual's political belief, political association or family affiliation, refuse to employ. So that was the original section 2 in the act. So there was a prohibition that you could not exercise that kind of discrimination.

So the committee said, well, if we think it is bad to discriminate in employment on the basis of family affiliation, then surely it is also equally as repugnant to discriminate in the provision of services and accommodation as well.

So by elevating that to a prohibited ground under section 5, it means not only can you not discriminate on that ground for employment, you cannot do so for accommodations or services as well.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Thank you, Ms. Peterson. Mr. Bell.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Brendan Bell

Brendan Bell Yellowknife South

Thank you. I was just going to try to give Ms. Lee an example and I probably should not do this because I will probably get it wrong, but if I understand this amendment that the government is making, if Ms. Lee owns a business and I respond to an employment ad that she has and she decides to hire a relative instead of me, I could theoretically go to the Human Rights Commission and file a complaint.

However, we now know because of this amendment that I would not be successful because Ms. Lee has, as a private business owner, the right to hire family members. That is what this is trying to achieve.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Thank you, Mr. Bell for that clarification. Clause 7, as amended.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Some Hon. Members

Agreed.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Clause 8.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Some Hon. Members

Agreed.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Clause 9.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Some Hon. Members

Agreed.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Clause 10.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Some Hon. Members

Agreed.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Clause 11. Mr. Minister.

Committee Motion 41-14(5): To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Roger Allen

Roger Allen Inuvik Twin Lakes

Thank you, Mr. Chairman. There is an issue that I would like to bring to the attention of this committee. They relate to the motion that extended the ground of family affiliation to apply to all the sections under the act.

The issue is similar to the one I raise under clause 7 on employment and family affiliation. By including family affiliation so that it applies to the areas protected under sub-clause 11(1) it is possible that the ground might be interpreted to prevent a person who owns a business from providing a preference to his or her family members when, for example, providing goods or services.

I think that under this clause the main purpose would be to ensure in general that a person is not denied services because of his or her family connections. This still leaves room for someone who owns a business to decide that he or she will provide a preference to family members.

For this reason, I would make a motion to add a clause so that the ground of family affiliation would not prevent an owner of a business from giving preference to his or her family in providing goods, services, accommodations or facilities.

Committee Motion 42-14(5): To Amend Clause 11 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Roger Allen

Roger Allen Inuvik Twin Lakes

Mr. Chairman, I am prepared to make a motion. Mr. Chairman, I MOVE that clause 11 of Bill 1 be amended by adding the following after sub-clause (2):

(3) It is not a contravention of subsection (1) for an owner of a business to give preference in goods, services, accommodations or facilities on the basis of family affiliation to a member of his or her family.

Thank you.

Committee Motion 42-14(5): To Amend Clause 11 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

There is a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 11, as amended.

Committee Motion 42-14(5): To Amend Clause 11 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Some Hon. Members

Agreed.

Committee Motion 42-14(5): To Amend Clause 11 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

The Chair

The Chair David Krutko

Clause 12. Mr. Minister.

Committee Motion 42-14(5): To Amend Clause 11 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Roger Allen

Roger Allen Inuvik Twin Lakes

Thank you, Mr. Chairman. This clause also raises the issue of family affiliation. This time it relates to whether the owner of a commercial unit or residential unit can give preference to a family member when renting out those units.

The issue is similar to the one I raised under clause 7 under employment and relates to the ground of family affiliation and under clause 11 on goods and services on family affiliation.

By including family affiliation so that it applies to areas protected under sub-clause 12(1) it is possible that the ground might be interpreted to prevent a person who owns a rental unit from renting to a family member instead of other members of the public. Therefore I will be making a motion to add a clause so the ground of family affiliation will not prevent an owner of a rental unit from granting a preference to a family member. Mr. Chairman, I am prepared to move a motion.

Committee Motion 43-14(5): To Amend Clause 12 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1259

Roger Allen

Roger Allen Inuvik Twin Lakes

I MOVE that clause 12 of Bill 1 be amended by adding the following after sub-clause (2):

(3) It is not a contravention of subsection (1) for an owner of a commercial unit or self-contained dwelling unit to give preference in occupation of a commercial unit or self-contained dwelling unit or with respect to a term or condition of such an occupancy on the basis of family affiliation to a member of his or her family.

Committee Motion 43-14(5): To Amend Clause 12 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1260

The Chair

The Chair David Krutko

There is a motion on the floor. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 12, as amended.

Committee Motion 43-14(5): To Amend Clause 12 Of Bill 1 To Add Sub-clause (3) (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1260

Some Hon. Members

Agreed.