Bill 25, Municipal Statutes Replacement Act
Introduction
Thank you, Mr. Speaker. The Standing Committee on Governance and Economic Development is pleased to report on its review of Bill 25, Municipal Statutes Replacement Act.
The committee would like to commend the work of the NWT Association of Communities and the department over the last several years to bring this bill before the Assembly. President Blake Lyons of the NWT Association of Communities informed committee that this review has continued through two territorial elections and at least three municipal terms. Members understand that municipal governments are looking forward to these long-awaited changes. As President Lyons stated, "Municipalities need adequate powers and discretion to deal with community needs now and in the future. The broader grants of power and discretion found in the proposed legislative changes will enable council to meet future needs."
The committee would also like to thank all the witnesses for their presentations and insights on this bill.
Public Review
The committee held public hearings in Inuvik on September 2, 2003, in Aklavik on September 3rd, in Hay River on September 8th, and in Yellowknife on August 26th, September 17th and 18th and October 1st. During the clause-by-clause review, which took place on October 1st, 52 motions to amend the bill were carried by the committee and concurred with by the Minister. Twelve of these motions were of a minor and non-substantive nature. The substantive motions are explained in the appropriate sections of this report. Following clause-by-clause review of the bill, a motion was carried to report Bill 22 as amended and reprinted back to the Assembly as ready for consideration in Committee of the Whole.
Settlements
The committee is very concerned that this bill does not include amendments to the Settlements Act, which it understands had been part of this initiative until very recently. The Minister and department advised the committee that these amendments were not brought forward because of a lack of capacity to draft the Settlements Act amendments at the same time as the proposed Charter Communities Act, Cities, Towns and Villages Act and Hamlets Act contained in Bill 25, as well as the proposed Tlicho Community Government Act. The Minister indicated that work has since been completed on the Settlements Act amendments, and that they would be ready for introduction early in the life of the new Assembly.
There are 20 communities that are incorporated under the three municipal acts listed above. Prior to 1999, that number was even higher as it included Iqaluit and the Nunavut hamlets as well. In contrast, there are only three communities incorporated as settlements: Enterprise, Fort Resolution and Colville Lake. The committee heard that despite the political strength of 20 or more municipalities, it took several years for Bill 25 to be brought before the Assembly. Will three small communities on their own be able to convince government to make their legislation a priority?
Further, the committee heard from Mayor Winnie Cadieux of Enterprise that the proposed amendments to the Settlements Act, which the Minister has said are now ready, may not adequately address the needs of those three communities. This also causes Members a great deal of concern.
The committee strongly recommends that the department consult with the three settlements on whether the proposed amendments to the Settlements Act will meet their needs; and further that the next government bring forward appropriate amendments to the Settlements Act in the early life of the 15th Assembly.
Liability
Bill 25 contains several provisions that will protect municipal governments from legal liability. This means that in some cases, people who are hurt, or whose property is damaged, will not be able to sue the municipal government for compensation. For example, one provision says that a municipal government "is not liable for loss or damage caused by snow, ice or slush on highways in the municipality, unless the municipal government is grossly negligent."
The committee understands that the NWT Association of Communities has been requesting these protections for years because insurance costs are constantly rising. These amendments would help to keep municipal insurance costs under control. The committee is also aware that all of the liability protections in Bill 25 are also found in various other Canadian territories and provinces.
Members gave a great deal of thought to these provisions. The right of people to go to the courts to get compensated for injuries or losses should never be limited or taken away lightly. Members were also concerned that municipal governments could take the liability protections as a licence to reduce levels of service and/or to be less diligent about safety. A related concern was that government could use municipalities' reduced legal obligations to justify providing them with less funding.
What most reassured Members that the liability provisions are reasonable was the information they received about the new insurance scheme being put in place for NWT communities. Committee was informed that this plan has a strong focus on risk management, and will reward communities that have a good risk management program. It is expected that this will in turn translate into safer communities. Ms. Yvette Gonzalez, from the Association of Communities, explained that, "the key words are responsibility and accountability. Under the program, because it is the members' program, the focus on risk is much higher. It is their dollars that remain in their fund for their premiums." This satisfied Members that in spite of the new liability protections, there will be a strong incentive for municipal governments to practice due diligence to protect the public from harm.
Mr. Speaker, I would ask that my colleague from Tu Nedhe, Mr. Nitah, continue with the report.
