This is page numbers 23 - 48 of the Hansard for the 14th Assembly, 6th 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 ---agreed.

Topics

Bill 1: Legal Registries Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 38

Roger Allen

Roger Allen Inuvik Twin Lakes

Thank you, Mr. Chairman. Mr. Chairman, the purpose of this bill is to make a series of technical amendments to nine acts administered by the legal registries division of the Department of Justice. Amendments to four of these acts will enhance program delivery by providing the public with additional choices, streamlining certain procedures and adopting standards consistent with other jurisdictions.

Amendments to the Condominium Act will streamline procedures for the registration of a condominium and add termination provisions specific to leasehold condominiums.

Substantive amendments to the Land Titles Act will:

- eliminate the duplicate certificate of title unless the owner requests one;

- allow the registrar to prepare plans to replace inadequate property descriptions rather than requiring the owner to do so in all cases;

- establish a procedure for recognizing changes in natural boundaries on the consent of the affected owners without the need to go through the courts;

- allow banks and other lenders to file the standard terms of a mortgage once rather than with each individual mortgage that is registered in land titles; and,

- extend the period of time that a writ of executive will be effective in land titles without a renewal from two years to five years.

The most significant amendments to the Securities Act are necessary to enable the Northwest Territories to implement the permanent, electronic national registration database for securities dealers and advisors now being developed specifically.

- the adoption of terminology and definitions for securities dealers and advisors consistent with other jurisdictions;

- amend procedures for the registration of dealers and advisors; and,

- provisions allowing for electronic filing and sharing of registration information among the jurisdictions.

Amendments to the Societies Act will revise the dissolution and liquidation provisions to bring them into line with more modern corporate law statutes such as the Business Corporations Act. Other amendments would provide societies with several options that they do not currently have, for example, permitting a society to choose whether or not they require a corporate seal and allowing for the amalgamation of two or more societies.

At the same time, this bill would make a variety of minor, mainly housekeeping amendments to these acts and to the Business Corporations Act, Devolution of Real Property Act, Factors Act, Garage Keepers Lien Act and Personal Property Security Act. These minor changes were either identified during the work being done to revise the statutes of the Northwest Territories or by registries staff or lawyers in recent years. In a number of instances, no changes would be made to the law but amendments are proposed to clarify or modernize unclear or outdated language.

The repeal of the Firearms Control Agreements Act is proposed as a housekeeping matter. There is no agreement in place to operate this program and the only section in this act refers to repealed provisions of the Criminal Code. The act therefore has no application.

A consultation draft of the proposed amendments was released to the Northwest Territories Bar and those specifically affected by the particular amendments, for example, surveyors and federal government officials in respect of some of the Land Titles Act amendments.

Comments in respect of the Land Titles Act amendments were received from the Association of Canada Lands Surveyors and from the Surveyor General's office have been positive. Several changes were made in response to their constructive comments. No comments were received with respect to the other acts to be amended.

Mr. Chairman, I would like to thank the Standing Committee on Social Programs for its review and support for this bill and would be pleased to respond to any questions or comments that the Members may have. I am also grateful to the standing committee for advancing several motions with which the government agrees. Thank you, Mr. Chairman.

Bill 1: Legal Registries Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 39

The Chair

The Chair Paul Delorey

Thank you, Mr. Allen. Does the chairman of the standing committee reviewing this bill have any comments? Mr. Bell.

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

February 11th, 2003

Page 39

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Chairman. The Standing Committee on Social Programs conducted a public review of Bill 1, Legal Registries Statutes Amendment Act on January 22, 2003. The committee would like to thank the Minister of Justice and his officials for presenting the bill. The bill will make several substantive amendments to the Condominiums Act, Land Titles Act, Securities Act and Societies Act, which will increase efficiencies in a number of processes and clarify some areas of uncertainty in the law. The committee applauds the Minister's efforts to make these changes which will help to save time, money and possibly avert the need for litigation on issues where the law is at present unclear. Bill 1 will also make technical amendments to these acts, as well as the Business Corporations Act, Devolution of Real Property Act, Factors Act, Garage Keepers Lien Act, Personal Property Security Act. Finally, the bill would repeal the Firearms Control Agreements Act which no longer has any effect.

During a public review, the committee and the Minister agreed to three minor amendments of a technical nature. Mr. Chairman, following the committee's review, a motion was carried to report Bill 1, Legal Registries Statutes Amendment Act, to the Assembly as ready for Committee of the Whole as amended and reprinted. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

The Chair

The Chair Paul Delorey

Thank you, Mr. Bell. Would the Minister like to bring in any witnesses?

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

Roger Allen

Roger Allen Inuvik Twin Lakes

Yes, Mr. Chairman.

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

The Chair

The Chair Paul Delorey

Does the committee agree?

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

Some Hon. Members

Agreed.

---Agreed

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Sergeant-at-Arms, would you escort the witnesses in, please?

Mr. Minister, for the record, could you introduce your witnesses, please?

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

Roger Allen

Roger Allen Inuvik Twin Lakes

Thank you, Mr. Chairman. To my immediate right is Mr. Mark Aitken, director of legislation; and also, Mr. Gary MacDougall, director of legal registries.

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

The Chair

The Chair Paul Delorey

Thank you, Mr. Minister. Any general comments? Clause by clause? Does the committee agree?

Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

Page 39

Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Okay. Bill 1, schedules on page 3. Schedule A, page 3, clause 1.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Clause 2.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Clause 3.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Clause 4.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Go to page 5, Schedule B, clause 1.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Clause 2.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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The Chair

The Chair Paul Delorey

Page 6, clause 3.

Clause By Clause
Standing Committee On Social Programs Comments
Standing Committee On Social Programs Comments

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Some Hon. Members

Agreed.

---Agreed