Thank you, Mr. Speaker. Thank you, Mr. Moses.
Provisions for Victims of Domestic Violence
During the 2013 public consultation, stakeholders asked for a special provision that would allow victims of domestic violence to apply for early termination
of
a
tenancy
agreement.
The
department complied. Bill 42 relies on the definition of domestic violence provided in the Protection Against Family Violence Act and includes new provisions allowing a victim of family violence to apply for early termination. The application must be accompanied by a valid court document.
The
Information
and
Privacy
Commissioner
cautioned
that
there
may
be
significant
consequences if a landlord or rental officer fails to keep confidential the information pertaining to such an application. The committee looked into the matter and determined that, in the absence of an explicit offence provision, the act would merely establish a mandatory duty to keep information confidential but would not make a breach of confidentiality a punishable offence. For this reason, the committee requested an explicit offense provision. The Minister agreed, and a motion in support of the amendment was passed at the clause-by-clause review.
Other stakeholders raised questions about these provisions. A community advocate recommended an amendment to ensure that the violent spouse can be removed from a tenancy agreement and that the victim of violence is entitled to remain in the unit. The committee confirmed that provisions in the Protection Against Family Violence Act ensure that an applicant of a protection order or an emergency protection order cannot be evicted by a landlord simply because they are not a party to the tenancy agreement.
The
community
advocate
also
recommended that police reports or convictions qualify as evidence for a domestic violence application, and the committee is making a recommendation to this effect.
The
Northwest
Territories
Human
Rights
Commission
recommended
incorporating
a
provision to ensure that a victim of domestic violence is not held financially responsible for damage caused by a violent spouse. The department noted that a statutory remedy is already available through a separate application to the rental officer.
The deputy rental officer recommended a change to the act pertaining to the assignment of a new tenancy agreement where domestic violence has occurred. She noted that current provisions for assigning a new tenancy require the consent of the landlord, the current tenant and the new tenant. This, she indicated, is clearly impossible where the current tenant and new tenant have been ordered by the court not to have contact. However, the committee noted that Bill 42 explicitly allows a landlord to enter into a new tenancy arrangement with a victim of family violence.
The deputy rental officer also recommended a consequential amendment to the Protection Against Family Violence Act to clarify the distinction between sole and joint tenancies. The committee looked into this matter and found no need for such an amendment. The Protection Against Family Violence Act allows a court to grant a victim exclusive occupation of a family residence even if the victim is not a party to the rental agreement. It also prohibits a landlord from evicting the victim solely because the victim is not a party to the tenancy agreement. It further gives the victim the option of taking over the tenancy agreement. Any landlord who wishes to proceed with an eviction must do so under the terms of the Residential Tenancies Act and have grounds for eviction under the act.
Through you, Mr. Speaker, I’d like to turn this over to Mr. Yakeleya.