Thank you, Madam Chair. I am here today to present Bill 48, Arbitration Act. The current Arbitration Act was enacted decades ago and has had few amendments since that time. The Arbitration Act establishes the default terms of an arbitration agreement made between two parties. Many powers that an arbitrator possesses in other jurisdictions are not currently available in the Northwest Territories meaning arbitration is currently a less attractive dispute resolution mechanism in this jurisdiction.
This bill is based substantially on the Uniform Arbitration Act, which was adopted in 2016 by the Uniform Law Conference of Canada. The Uniform Law Conference of Canada provides independent analysis and recommendations for the harmonization and reform of laws in Canada. The proposed new act would also bring the NWT's legislation in line with recent legislation elsewhere in Canada and ensure consistency with prevailing arbitral practices.
The bill provides extensive and necessary updates to the law governing arbitration, including provisions that will address such things as the commencement and consolidation of arbitral proceedings, jurisdiction of arbitral tribunals, the making of arbitral awards and awarding of costs, and the termination of arbitral proceedings.
The department engaged with other GNWT departments, the NWT Branch of the Canadian Bar Association, the Law Society of the Northwest Territories, the Union of Northern Workers, and the Supreme Court of the Northwest Territories on the proposed legislation.
Based on discussions with the Union of Northern Workers, the department has determined it is most appropriate to exclude arbitrations conducted under the Public Service Act and Education Act from being brought under the new legislation. The new Arbitration Act is more designed to meet the needs of commercial arbitrations rather than labour arbitrations. To this effect, I will be bringing forward a number of motions today to amend the bill and make this exclusion.
Replacing the outdated legislation with a more modern and up-to-date Arbitration Act will give NWT residents more options for resolving disputes without having to go to court. Arbitration is a voluntary process that is more flexible and informal than going to court and is a good alternative for people to resolve disputes fairly, quickly, and efficiently.
This concludes my opening remarks, and I would be pleased to answer any questions that Members may have regarding Bill 48. Thank you, Madam Chair.