This is page numbers 4621 - 4676 of the Hansard for the 18th Assembly, 3rd 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 communities.

Topics

Some Hon. Members

Question.

The Chair

The Chair R.J. Simpson

Question has been called. All those in favour? Could people please put their hands up a little higher. All those opposed? The motion is defeated.

---Defeated

Minister Abernethy.

Committee Motion 85-18(3): Bill 20: Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

October 31st, 2018

Page 4670

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. Mr. Chair, during this review of Bill 20, the standing committee on government operations identified concerns with the readability of subclause 15(1), the one that was just discussed. To improve readability of this provision, I would like to move a motion to amend Bill 20.

The Chair

The Chair R.J. Simpson

Go right ahead.

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. I think some pinks have been provided. I will need my copy.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. Mr. Chair, I move that Bill 20 be amended by deleting subclause 15(1) and substituting the following:

15.(1) The mandate of the Ombud is to investigate any decision or recommendation made, or any act done or omitted, by an authority or by any officer, employee, or member of an authority in the exercise of any power or duty conferred on that person or body by enactment, that

(a) relates to a matter of administration; and

(b) aggrieves or may aggrieve any person or body of persons in the person's or its personal capacity.

Thank you, Mr. Chair.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

The Chair

The Chair R.J. Simpson

Thank you, Minister. To the motion. Mr. Testart.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

Kieron Testart

Kieron Testart Kam Lake

Mr. Chair, I move that the Chairman of the Committee of the Whole leave the chair. Thank you, Mr. Chair.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

The Chair

The Chair R.J. Simpson

Mr. Testart, could you please clarify? Would you like me to leave or would you like to report progress?

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

Kieron Testart

Kieron Testart Kam Lake

Mr. Chair, the motion is for the Chair to leave the chair, so yes, it would be to leave. No reporting of progress.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

The Chair

The Chair R.J. Simpson

There is a motion on the floor. Please give me a moment while I confer with the clerks. Committee, we will take a brief recess while this is sorted out. Thank you.

---SHORT RECESS

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

The Chair

The Chair R.J. Simpson

Thank you, committee. I call Committee of the Whole back to order. Mr. Testart, your motion is out of order. There is no such motion referenced in the rules. We are still dealing with the motion put forward by Minister Abernethy. To the motion. Mr. Testart.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

Kieron Testart

Kieron Testart Kam Lake

My apologies, Mr. Chair. I move the chair rise and report progress.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4670

The Chair

The Chair R.J. Simpson

Thank you, Mr. Testart. There is a motion to report progress. The motion is in order and non-debatable. All those in favour, please raise your hands so I can see. All those opposed, please give me a show of hands. The vote is tied, so we will not report progress.

---Defeated

We will continue. To the motion. Minister Sebert.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

Louis Sebert

Louis Sebert Thebacha

Thank you. I believe that this motion improves the language that was originally in the act. It clarifies the issues that we were concerned about. For those reasons, I feel that the motion should be supported by all Members, but will be supported by Cabinet in any case.

As I said, there were issues that I raised with respect to the prior motion. We believe that this clarifies some of those issues. That is why we are supporting it. Thank you.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

The Chair

The Chair R.J. Simpson

Thank you, Minister. To the motion. I will put the question to committee. All those in favour? All those opposed? We have another tie. The motion is defeated.

---Defeated

Clause 15. Does committee agree?

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

The Chair

The Chair R.J. Simpson

Clause 16.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

Some Hon. Members

Agreed.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

The Chair

The Chair R.J. Simpson

Clause 17. Mr. O'Reilly.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I would like to understand from the Minister what the intent of 17(3) is. Thanks, Mr. Chair.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

The Chair

The Chair R.J. Simpson

Thank you. Minister.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4671

Louis Sebert

Louis Sebert Thebacha

Thank you. Much of our legislation does involve limitations. Put another way, there is a Limitation of Actions Act which does limit the ability to commence legal actions. It's not that a limitation period, if I can put it that way, referring to the section is that unusual in our law. The point of most limitation actions, among other things, is that it pushes a claimant with a legitimate claim to pursue it with reasonable diligence. A defendant or respondent may lose evidence necessary to dispute the claim if too much time has gone by.

That is the reason for this type of section in this legislation. As I say, the Limitation Act imposes limitations for many types of legal actions. Thank you.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly.

Committee Motion 86-15(3): Ombud Act - Deleting subclause 15(1) and substituting the following, Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I thought the whole purpose here of this bill was to try to avoid going to court and that this officer would help investigate, or perhaps resolve, what complainants perceive to be unfair administrative conduct. This is not a legal process. I'm trying to understand the rationale for setting, or basically restricting, the mandate of the Ombud to only be able to look at conduct that comes in after the commencement of this act. This really would have a very severe consequence in terms of limiting the ability of our residents to access the Ombud. Can the Minister provide some comments? Thanks, Mr. Chair.