This is page numbers 5847 – 5870 of the Hansard for the 17th 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 work.

Topics

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Ms. Bisaro. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. This was actually discussed in committee with the Minister of Justice. Just for the record, this type of jury trial, the requirement for a French jury is incredibly rare here in the Northwest Territories. In fact, there’s been one. That’s not saying it won’t happen, but it is incredibly rare here and the department is obviously interested in continuing to work with the French community, who have been active in this process, to make sure that we can provide jury trials in French here in the Northwest Territories. We also obviously want to be cautious that we’re not overburdening some of our residents, but I do want to be clear that this is an incredibly rare occurrence here in the Northwest Territories.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. Continuing on with general comments, I have Mr. Moses.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Alfred Moses

Alfred Moses Inuvik Boot Lake

Thank you, Mr. Chairman. I do want to thank the Minister responsible for bringing this bill forward in terms of making sure that we actually uphold and protect the rights and the laws of our residents of the Northwest Territories. I think this really strengthens the bill as we have it right now in terms of the bill before us, the Jury Act, so that

there are no loopholes that result in mistrials and we protect the rights of residents, possible victims and the general public.

I just want to say that I’m glad to see this and we are unique in the Northwest Territories in that we do have a small population, but then you go further and our French-speaking population is even smaller. We don’t want to put a burden on the amount of times that our French-speaking population would be called to jury. I think that we’ve gone through that and we’ve worked out all the issues there, and I think that this bill is going to reflect that and ensure that our French-speaking population is not being called more times than not.

Also, I just want to make the comment from the executive director for the Federation Franco-Tenoise. He made a really good comment when he was presenting to committee in that he did say that not only for this bill or this department that they’d want to give input into but all departments within the government should go and seek the advice and support from the French-speaking community in terms of these kinds of things. I think that went well and I think committee heard him and want to utilize all our resources when we’re trying to make legislation.

I do agree with the Minister that such jury requests for a French-speaking jury for any trial are very rare, and I think that moving forward we’ve really strengthened the Jury Act and that’s going to be something that’s going to help protect our residents.

I want to thank committee, as well, who asked a lot of questions as we were pushing this forward. I’m glad to see it here in Committee of the Whole. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Moses. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you. I appreciate the comment, and we’re working with our partners, including the different French associations here in the Northwest Territories as we move forward.

Should this legislation be passed, it will take a bit of time, six to 12 months to roll it out. But to ensure that we are still able to provide French juries here in the Northwest Territories, we have agreements with three different provinces that will allow us to hold French jury trials in their jurisdictions until such time as we get our stuff in place in six to 12 months.

Now, as I’ve indicated, it is rare that this happens, but we have set up with I believe it’s Manitoba, Ontario and Quebec should we be required to provide a French trial in the next six to 12 months.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. General comments. Is committee prepared to do clause-by-clause?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Okay, there are only nine clauses. So if committee is okay, we’re going to go a clause at a time. Committee?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you. Committee, Bill 38, An Act to Amend the Jury Act, clause 1.

---Clauses 1 through 9 inclusive approved

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

To the bill as a whole.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Does committee agree that Bill 38 is ready for third reading?

---Bill 38 as a whole approved for third reading

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

I’d like to thank Minister Abernethy, Ms. McLaughlin and Ms. Ingarfield for joining us today. Sergeant-at-Arms, if you could please escort the witnesses out of the Chamber. Thank you.

Committee, on committee’s wishes, we’re going to continue on Bill 41, An Act to Amend the Partnership Act. Again, we’re going to go to the Minister responsible for introducing the bill for opening comments. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chairman. I am pleased to be here today to speak about Bill 41, An Act to Amend the Partnership Act.

The Partnership Act governs the relationship between partners in a business partnership, including limited partnerships and limited liability partnerships, as well as the relationships between a partnership and those they deal with.

The primary focus of the proposed amendments is to improve the outdated registration requirements of the act. The bill includes amendments that require, in almost all cases, partnerships and business names be registered before the entity operates in the Northwest Territories and that the registration be renewed every four years. It will also add restrictions to the names that may be registered and amend administrative provisions of the act to correspond more closely with similar provisions in the Business Corporations Act.

The department consulted in respect of the proposed amendments with the Law Society of the Northwest Territories, which in turn made consultation materials accessible to all of its members, and also with the Northwest Territories Chamber of Commerce. A consultation paper, including the provisions of a draft act, was also posted on the department’s website, inviting public input. In addition, the Department of Industry, Tourism and Investment provided constructive suggestions that are reflected in the bill before you today.

I would like to thank the Standing Committee on Social Programs for its review of Bill 41 and would be pleased to answer any questions that Members may have regarding this bill. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. At this time I’ll go to the chairman of the Standing Committee on Social Programs, the committee that reviewed Bill 41, for comments on the bill. Mr. Moses.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Alfred Moses

Alfred Moses Inuvik Boot Lake

Thank you, Mr. Chair. The Standing Committee on Social Programs has completed its review of Bill 41, An Act to Amend the Partnership Act. The committee thanks the Minister and his staff for presenting the bill.

The bill clarifies registration requirements, sets restrictions on the registration of new names, aligns administrative procedures with the Business Corporations Act and allows for judicial review of a registrar’s decision. The bill also specifies offences, sets new maximum fine amounts and makes minor amendments to improve readability.

The public hearing on the bill was held on February 2, 2015. The committee’s clause-by-clause review was held the same day. Following the committee’s review, a motion was carried to report Bill 41 to the Assembly as ready for consideration in Committee of the Whole.

During the hearing a member asked for clarification on the clause pertaining to judicial review of a registrar’s decision. After the hearing and review had concluded, the Minister indicated his agreement with the member’s concern and prepared an amendment to improve the wording of the clause. A motion in support of that amendment will be brought before Committee of the Whole.

This concludes the committee’s opening comments on Bill 41. Individual Members may have additional questions or comments as we proceed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Moses. Minister Abernethy, do you have witnesses you’d like to bring into the House?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. Yes, I do.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. Does committee agree?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, committee. Sergeant-at-Arms, if you can please escort the witnesses into the House.

Minister Abernethy, if you could please introduce you witnesses for the record.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. With me on my left is Gary MacDougall, who is the director of legal registries and, on my right, Ian Rennie, who is legislative counsel responsible for this piece of legislation.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. Mr. MacDougall, Mr. Rennie, welcome to the House again. Nice to see you folks.

Committee, we’re going to open up Bill 41 to general comments. Is committee prepared to do clause by clause?