This is page numbers 2647 - 2678 of the Hansard for the 18th Assembly, 2nd 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 services.

Topics

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. I am here to present Bill 25, An Act to Amend the Residential Tenancies Act.

The Residential Tenancies Act was amended in 2015 to make a number of changes, including providing for the enforcement of orders through filing with the Supreme Court, allowing for applications to terminate tenancy agreements due to domestic violence, providing a remedy to a tenant for termination on notice of rent increase where rent is not then increased, and establishing a regulation-making authority to set fees for the filing of applications with the rental officer. Since these changes were made, a number of additional concerns regarding the act have been brought to the attention of the department from both the public and by Members.

Bill 25 addresses these concerns, and includes amendments which would:

• Permit the filing of rental officer orders electronically or by mail;

• Provide authority to rental officers to correct minor errors in their orders; and

• Adjust the definition of "tenant."

These amendments would help increase access to justice for tenants and landlords in the Northwest Territories by allowing easier filing of rental officer orders. They would also create efficiencies by allowing for correction of minor errors in rental officer orders without requiring that the order be taken to court. Lastly, they would allow the continuing allocation of subsidized public housing in an appropriate and fair manner.

I would like to thank the Standing Committee on Social Development for its review of the bill, and I would be happy to answer any questions that Members may have regarding Bill 25. Thank you, Mr. Chair.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Minister. I will now turn to the Chair of the Standing Committee on Social Development, which considered the bill for any opening comments. Mr. Thompson.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Chair. Mr. Chair, the Standing Committee on Social Development concluded its review of Bill 25, An Act to Amend the Residential Tenancies Act, on August 22, 2017, with a public hearing held here at the Legislative Assembly building. Although the committee received no public submissions on the bill, the committee is aware that the operations of the Northwest Territories rental office has recently been of interest to our colleagues in the House and to our constituents. We look forward to improvements in the services Northerners receive at the rental office. Individual Members may have additional comments or questions as we proceed with consideration of this bill. Thank you, Mr. Chair.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. Thompson. Minister, would you like to bring them into the Chamber?

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. I would like to have that opportunity, thank you.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Sergeant-at-Arms, please escort the witnesses into the Chamber. Minister, would you please introduce your witnesses.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Mr. Chair, Emily Ingarfield, the manager of policy, to my left, and Laura Jeffrey, legislative counsel, to my right.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Minister. I will open the floor to general comments on the bill. Any general comments from Members? Seeing none, we can proceed to a clause-by-clause reading of the bill. We will defer bill number and title until after consideration of the clauses. Please turn to page 2 of the bill. As I read out the clauses, please reply with "agreed" if committee agrees. Clause 1.

---Clauses 1 through 6 inclusive approved

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you

,

Committee. To the bill as a whole. Does committee agree that Bill 25, An Act to Amend the Residential Tenancies Act is now ready for third reading?

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, committee. Bill 25 is now ready for third reading. Does committee agree this concludes our consideration of Bill 25, An Act to Amend the Residential Tenancies Act?

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Bill 25: An Act To Amend The Residential Tenancies Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, committee. Thank you again to the Minister and thank you again to the witnesses. Sergeant-at-Arms, please escort the witnesses from the Chamber.

Next on our agenda, we have agreed to consider Bill 28, Interpretation Act. Once again, I will turn to the Minister responsible for the bill to introduce it. Minister Sebert.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. I am here to present Bill 28, Interpretation Act.

I would like to thank the Standing Committee on Social Development for their review of this bill and for the constructive feedback they provided. A motion was made in Committee, and I am pleased that the bill was improved as a result.

The current Interpretation Act finds its origins in the Revised Ordinances of the Northwest Territories of 1888, and although minor changes have been made to the act over time, it has not been significantly modernized from its original iteration. Bill 28 will repeal and replace the current act with a more accurate and accessible version. The new act will include most, but not all, of the components of the Uniform Law Conference of Canada’s model Uniform Interpretation Act, which was adopted at their 2015 annual meeting.

More specifically, the bill will make changes that:

• Update existing standard provisions that regulate aspects of the operation of all enactments;

• Update existing definitions of commonly used words and terms in legislation;

• Revise existing provisions that identify which elements in a legislative document are to be considered as part of the statutes for purposes of interpretation;

• Add a new provision that incorporates and clarifies the Carltona doctrine;

• Remove outdated provisions;

• Improve the structure of the act by reorganizing provisions; and

• Improve the readability of the act.

These and other changes provided for in the bill will ensure that the Interpretation Act meets its purpose of promoting consistency and conciseness in the form and language of legislation in the Northwest Territories.

I would be happy to answer any questions that Members have regarding Bill 28.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Minister. I will turn to the chair of the Standing Committee on Social Development, which considered the bill for any opening comments. Mr. Thompson.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Chair. Mr. Chair the Standing Committee on Social Development concluded its review of Bill 28, Interpretation Act, on August 22, 2017, with a public hearing held here at the Legislative Assembly building. The committee received no public submissions on the bill and carried one motion to amend the bill. Overall, the committee is pleased to support the Department of Justice's effort to update and enhance out-dated legislation.

Individual Members may have additional comments or questions as we proceed with consideration of this bill. Thank you, Mr. Chair.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. Thompson. Minister, would you like to bring witnesses into the Chamber?

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Yes, I would, Mr. Chair.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Sergeant-at-Arms, please escort the witnesses into the Chamber. Minister, please introduce your witnesses to the House.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. To my left, Emily Ingarfield, manager of policy, and to my right, Mike Reddy, director of legislation. Thank you.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Minister. Committee, please turn to page 5 of the bill. I'm sorry, I should open the floor to general comments. Do we have any general comments? I see Mr. Testart has comments. Mr. Testart.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Chair. I know this bill and many like it are very technical in nature and contain a lot of legal matters that are significant for how governments operate and how the legal community operates.

I think most average readers can understand what the Minister laid out for the changes, what this bill does, in his opening comments, except for one, which is the Carltona doctrine. I raised this in the review of the standing committee. I understand it now, but I'm hoping, for our listeners to these proceedings and for the future of our Hansard document, that the Minister can properly define that Carltona doctrine so everyone understands how the law is being changed to reflect that principle, which currently we only have in scare quotes. If the Minister can give just a description of that. Thank you.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. Testart. Minister Sebert.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. I wonder if I might defer that question to Mr. Reddy, to my right. My recollection of exactly what this means has been lost in the mists of time. Thank you.

Bill 28: Interpretation Act
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Minister. Mr. Reddy.