Thank you.

Choosing an "Opt-out" Approach to Appeals on Questions of Law

Section 61 of Bill 48 provides the right to appeal on questions of law directly to the courts unless their agreement expressly prohibits such appeals. This is different from the Model Act's section 65, which allows appeals only if the arbitration agreement provides for such appeals.
The Model Act assumed that appeals on questions of law would be permitted on an opt-in basis whereas in Bill 48 appeals are allowed unless the parties opt-out.

Committee members understand adopting the "opt-out" was a deliberate policy decision and that it follows the British Columbia legislation. The committee understands and accepts that this approach is an appropriate balance for the NWT.

Applying Bill 48 to Family Law

Following the Model Act, Bill 48 proposes to be a law of general application. Committee members wanted to know if Bill 48 could apply to family law in the NWT.

The committee appreciates that the nature of Bill 48 is that it is more likely to be used in commercial matters; however, we note that arbitrations may, in the future, be a valuable way of dealing with family law matters. The committee understands that if the NWT were to proceed to use arbitration to address family law matters, consultation would occur with the family law bar, and specific arbitration provisions for family law may be desirable.

Reflecting Circumstances of the Northwest Territories

The department expects that Bill 48 will have applications outside of a commercial context. For example, it can be used in the context of labour arbitrations. Further, the department is aware that the Department of Finance is working on changes to the Public Service Act. Should it be considered that more specific default arbitration rules are necessary to respond to circumstances in the NWT concerning labour arbitrations, the committee understands that the Public Service Act could set out these rules. For example, British Columbia's labour relations code sets arbitration rules and makes the province's Arbitration Act inapplicable.

Engaging in the Development of Bill 48

Committee members asked whether the department had engaged with professional mediators, arbitrators, or associations of mediators or arbitrators working in the NWT and industries such as construction, exploration, and mining. The Minister advised that the department had consulted with the Law Society of the Northwest Territories, the Canadian Bar Association, and the judiciary.

Mr. Speaker, I would like to pass this on to MLA from Kam Lake.