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

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

Glen Abernethy Great Slave

With respect to the ones that are silent, what does that mean as far as individuals who wish to possibly pursue an administrative question prior to commencement or go-live date of the legislation? What does it mean for those silent jurisdictions? Do we know?

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Thank you. Mr. Clerk.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

Law Clerk Of The House Mr. Rutland

Thank you, Mr. Chair. It would really be a matter of interpretation in each jurisdiction. You would have to look at what the Interpretation Act in each jurisdiction says in terms of whether there is any general prohibitions or restrictions on when legislation comes into force.

Generally, when you are looking at placing a temporal jurisdiction and, for example, restriction saying you can't go back before a certain date, it is because it would be unfair to subject someone to a law that was not necessarily in effect at the time. For example, if you look at criminal law, it is the law that applied at the time because there are consequences to the action.

In something like this where there is not a punitive aspect to it, it could just be interpreted that if this was silent on temporal jurisdiction, there would be no restriction. Or someone may interpret it as, if it is silent, it is from the commencement date. It depends on how you interpret the Ombud's powers because the Ombud's powers only come into effect on the commencement of the act.

Everything they are doing is post the commencement of the act, so it is within their jurisdiction. The question would be whether someone would take issue with the fact of whether or not they could go beforehand.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Thank you. Minister Abernethy.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

Glen Abernethy Great Slave

Just a final question. I am just trying to get some clarity on this for myself and for the record. Is the clerk aware of any precedent from jurisdictions where it was silent on how it was ultimately interpreted?

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Thank you. Mr. Clerk.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

Law Clerk Of The House Mr. Rutland

No, I am not.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Thank you. Anything further from Minister Abernethy. There is nothing further from Minister Abernethy. To the motion.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

Some Hon. Members

Question.

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

---Clauses 17 through 36 inclusive approved

Committee Motion 87-18(3): Bill 20: Ombud Act - Deleting subclause 17(3) and substituting the following, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Clause 37. Mr. Testart.

Committee Motion 88-13(3): Bill 20: Ombud Act - Amended in subclause 37(1), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

October 31st, 2018

Page 4674

Kieron Testart Kam Lake

Merci, Monsieur le president. [English translation not provided]

Committee Motion 88-13(3): Bill 20: Ombud Act - Amended in subclause 37(1), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Thank you, Mr. Testart. There is a motion on the floor. The motion is in order. To the motion.

Committee Motion 88-13(3): Bill 20: Ombud Act - Amended in subclause 37(1), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

Some Hon. Members

Question.

Committee Motion 88-13(3): Bill 20: Ombud Act - Amended in subclause 37(1), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4674

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you. To clause 37 as amended.