Thank you, Mr. Speaker. I move, seconded by the honourable Member for Yellowknife South, that Bill 13, Supplementary Appropriation Act (Infrastructure Expenditures), No. 1, 2011-2012, be read for the second time.

This bill makes supplementary appropriations for infrastructure expenditures for the Government of the Northwest Territories for the 2011-2012 fiscal year.

Thank you, Mr. Miltenberger. Bill 13 has had second reading.

---Carried

The honourable Minister responsible for Finance, Mr. Miltenberger.

Thank you, Mr. Miltenberger. Bill 14 has had second reading.

---Carried

Item 20, consideration in Committee of the Whole of bills and other matters: Bill 3, Electronic Transactions Act; Bill 4, Miscellaneous Statute Law Amendment Act; Bill 5, Write-off of Debts Act, 2010-2011; Bill 6, Forgiveness of Debts Act, 2010-2011; Bill 11, An Act to Amend the Public Service Act; Committee Report 1-16(6), Standing Committee on Government Operations Report on the Review of the Auditor General’s Report on the Deh Cho Bridge Project, 2011; Committee Report 2-16(6), Standing Committee on Government Operations Report on the Review of the Auditor General’s Report on NWT Health Programs and Services, 2011; Committee Report 3-16(6), Standing Committee on Government Operations Report on the Review of the 2009-2010 Human Rights Commission Annual Report; Committee Report 4-16(6), Standing Committee on

Government Operations Report on the Review of the NWT Languages Commissioner Annual Report 2009-2010, with Mr. Bromley in the chair.

I’d like to call Committee of the Whole to order. Committee, we have before us consideration of Bills 3, 4, 5, 6 and 11, and Committee Reports 1-16, 2-16, 3-16, and 4-16. What is the wish of committee? Mrs. Groenewegen.

Thank you, Mr. Chairman. So far we have approval from committee to deal with Bills 3, 4, 5, 6 and 11; okay, 11 as well. I’m getting the verbal here from... No? Okay, Mr. Schauerte is saying no to 11.

---Laughter

Okay, let’s just go back to 3, 4, 5, 6. Thank you, Mr. Chairman.

Thank you, Mrs. Groenewegen. So we’ll consider Bills 3 through 6. Committee agree?

Thank you, committee. We’ll start with a short break.

---SHORT RECESS

Thank you, committee. I’d like to call Committee of the Whole back to order and we have before us Bills 3 through 6 and we’ll start with Bill 3, Electronic Transactions Act, as agreed, and I’d like to call on Minister Lafferty. Would you like to introduce the bill, Minister Lafferty?

Yes, Mr. Chair.

Go ahead. Thank you.

Mahsi, Mr. Chair. I am pleased to be here today to speak to Bill 3, Electronic Transactions Act. I would like to thank the Standing Committee on Social Programs for its review of this bill.

Legal relationships have long been based on paper documentation, and most laws use language that refers to paper documents. Over the past generation, however, more and more people have begun communicating through the Internet and by e-mail. The result is that documents and information are now routinely shared electronically.

Mr. Chair, to some extent, courts have come to terms with technology: people have drafted contracts to provide standards for computer communications between them, and legislation has been created to provide for the use of electronic documents in specific areas. However, the benefits

of electronic communications are not fully realized by the legal uncertainty that still exits, due to the absence of legislation that deals with issues raised by electronic commerce.

This proposed new legislation would make it clear that electronic communications and documents are recognized under NWT law. It provides for minimum standards that must be met where electronic documents and information are used. At the same time, it is important to note that the proposed legislation does not require people to use electronic communications against their will. The bill also allows public bodies to set their own standards for incoming electronic documents.

The proposed legislation sets out basic rules for electronic transactions, including:

• the formation and operation of contracts;

• the effect of using automated transactions;

• the correction of errors when dealing with

another party’s automated computer application, and

• the specific details relating to both time and place where computer communications are considered to be sent and received.

The bill also contains provisions that deal specifically with the shipping of goods.

The bill is based on a model law that all other Canadian provinces and territories have used to develop their own laws addressing issues associated with electronic commerce. A draft bill was developed by Justice staff and made available for public comment. The bill in its current form was completed after consultation with those who provided specific feedback.

I would be pleased to answer any questions that committee members may have regarding Bill 3. Mahsi.

Thank you, Minister Lafferty. I’d like to just interrupt proceedings for one minute to offer an enthusiastic welcome to our Deputy Law Clerk, Malinda Kellett. Welcome, Malinda.

---Applause

Malinda is participating in the House at the table for the first time today. Good to see her here. Once again, thanks for those comments, Mr. Lafferty. Mr. Beaulieu, as the chair of the Standing Committee on Social Programs, do you have comments?

Yes. Thank you, Mr. Chairman. The Standing Committee on Social Programs conducted its public review of Bill 3, Electronic Transactions Act, on May 12, 2011. The committee thanks the Minister and his staff for presenting the bill. The bill provides for a legal recognition of electronic documents and communications in the Northwest Territories. It sets minimum standards for

the use of electronic documents and information in commerce and with public bodies.

Following the committee’s review, a motion was carried to report Bill 3, Electronic Transactions Act, to the Assembly as ready for consideration in Committee of the Whole.

This concludes committee’s opening comments on Bill 3. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.

Thank you, Mr. Beaulieu. I would like to ask the Minister if he would like to bring witnesses in. Minister Lafferty.

Yes, I do, Mr. Chairman.

Thank you, Minister. I would ask the Sergeant-at-Arms to please escort the witnesses into the House.

And if I could ask Minister Lafferty to please introduce your witnesses.

Mahsi, Mr. Chair. I have with me to my left, Mark Aitken, director of legislative division; and Gary McDougall, director of legal registries. Mahsi.

Thank you, Minister. We are now open for general comments on Bill 3, Electronic Transactions Act. General comments.

I’m hearing a call for detail, clause by clause. Does committee agree? Excuse me, I missed Ms. Bisaro.

Thank you, Mr. Chair. I just have a couple of comments here that I would like to make. In discussion at committee in consideration of this bill, I know one of the things that was a concern for me, and I think for a couple of other committee members, was that although this act is dealing with protections for electronic transactions and so on, it leaves a hole in terms of protection for our residents in terms of consumer protection. It’s something which I think other jurisdictions have dealt with through amendments to their consumer protection legislation, their consumer protection acts. One province, Manitoba, dealt with the Election Transactions Act and their consumer protection legislation at the same time and we’ve chosen not to do that. But I do feel that the issue needs to be raised that there is a bit of a hole in terms of consumer protection at this point, and I would encourage, as I did at committee, that consumer protection legislation needs to be amended and upgraded sooner rather than later for us. It’s obviously not going to happen now before the dissolution of this Assembly, but I would hope that Justice is going to consider it... Actually, it’s not Justice, but that Justice will encourage MACA, and MACA will consider it at the earliest opportunity at

the 17th Assembly, because it does leave a bit of a

hole here in protection for our residents relative to goods that they buy and so on. That’s all I have. Thanks, Mr. Chair.

Thank you for that comment, Ms. Bisaro. Mr. Lafferty, would you care to respond?