Adding Security Requirements for Interim Measures

Paragraph 1(e) of Bill 48, permitting security for costs as an interim measure, was added to the definition of "interim measure" to clarify whether an arbitral tribunal may order security for costs. The committee welcomed this alteration to the Model Act and noted that British Columbia made this same alteration.

Exempting Certain Government-to-Government Agreements via Regulations

Bill 48 contains a section not provided in the Model Act. Section 3(5)(b) allows the executive committee to prescribe agreements to which the Act should not apply. This is limited to agreements entered into by the GNWT or the Government of Canada and a government of another jurisdiction. This provision is not found in the Model Act.

The committee deliberated on the type of arbitration agreements this exemption would address. The committee sought clarification from the Minister during its clause-by-clause review of the bill.

The committee learned that certain agreements between provinces and territories might be exempt from Bill 48 because they would contain arbitration provisions and would not have the arbitration legislation from any jurisdiction apply. This exemption can be used for agreements between jurisdictions and includes national and international agreements.

The committee learned that the NWT is following British Columbia, which added this regulation-making power to its arbitration legislation. The province enacted regulations prescribing several agreements exempted under this arbitration legislation, including multiple free trade agreements and the bid protest mechanism applied in the western provinces of Canada.

Committee members acknowledged that the NWT wants the flexibility to create regulations exempting certain agreements in appropriate cases.

Defining Government

The committee observed that Section 3(5)(b) of Bill 48 does not define "government of another jurisdiction." The committee noted that Indigenous governments were not specifically referenced, as they have been in other NWT legislation such as the Access to Information and Privacy Protection Act and the Mineral Resources Act.

The committee asked for clarification from the Minister on whether Indigenous governments could be included under "the government of another jurisdiction." The department confirmed that there would be no reason Indigenous governments could not be included. Committee members were satisfied with the response.

I now pass it to MLA for Monfwi. Thank you, Mr. Speaker.