This is page numbers 4771 - 4832 of the Hansard for the 19th Assembly, 2nd 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 know.

Topics

Some Hon. Members

Agreed.

The Chair

The Chair Lesa Semmler

Committee, we will defer the bill number and title until after consideration of the clauses. I will call the clauses in groups. Please turn to page 1 of the bill.

Clause 1 and 2, does the committee agree?

Some Hon. Members

Agreed.

The Chair

The Chair Lesa Semmler

Clause 3, does committee agree? Minister of Justice.

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

October 25th, 2022

Page 4800

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Madam Chair. I move that subclause 3(5) of Bill 48 be amended:

  1. By deleting the "or" at the end of the English version of paragraph A;
  2. By deleting the period at the end of paragraph B and substituting "or"; and,.
  3. By adding the following after paragraph B, "C. An arbitration under the Public Service Act or the Education Act."

Thank you.

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Thank you. The motion is on the floor and being distributed. The motion is in order. To the motion. Minister of Justice.

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Madam Chair. This motion is part of a package of motions that will deal with the application of arbitration legislation to the Public Service Act and Education Act.

Upon review of the bill, the Union of Northern Workers advised the department that they were concerned with the application of the proposed new Act, notably, that Bill 48 is primarily geared towards commercial and other arbitrations, not labour arbitrations. The Department of Justice has developed these motions to address these concerns. The department is proposing to exclude the application of the new Arbitration Act to labour arbitrations that are conducted under the collective agreements contemplated in the Public Service Act. This includes arbitrations conducted by the Union of Northern Workers and the Northwest Territories Teachers' Association.

If passed, Bill 48 would come into force but the current Act would also remain in force for the limited purpose of dealing with arbitrations conducted under collective agreements under the Public Service Act.

The Department of Finance intends to pursue updates to the Public Service Act which will, among other things, speak to labour arbitrations. The current Arbitration Act will be completely repealed once a new Public Service Act is advanced with its arbitration provisions therein. To avoid any confusion in the interim, the current Act will also be renamed to Arbitration Act 1988.

The department has reached out to the UNW and the Northwest Territories Teachers Association on this approach, neither of which have any objections. Thank you, Madam Chair.

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Thank you. To the motion.

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

Some Hon. Members

Question.

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Question has been called. All those in favour? All those opposed? All those abstaining? Motion is carried.

---Carried

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Clause 3 as amended, does committee agree?

---Clauses 3 through 73 inclusive approved

Committee Motion 308-19(2): Bill 48: Arbitration Act - Amend subclause 3(5), Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Minister of Justice.

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Madam Chair. I move that Bill 48 be amended by adding the following immediately before the heading "Community Planning and Development Act, Arbitration Act, RSNWT 1988, c A-5"

73.1:

  1. The Arbitration Act RSNWT 1988, c A-5 is amended by this section;
  2. The title is repealed and the following is substituted: Arbitration Act 1988;.
  3. Sections 2 and 3 are repealed and the following is substituted:

2. This Act applies to an arbitration under the Public Service Act or the Education Act;

3. For the purposes of arbitral proceedings to which this Act applies, a reference in an arbitration agreement to the Arbitration Act or Arbitration Act RSNWT 1988 c A-5 is deemed to be a reference to this Act.

Thank you

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Thank you. The motion is in order -- or sorry, the motion is on the floor being distributed. The motion is in order. To the motion.

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

Some Hon. Members

Question.

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

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

---Carried

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

New clause 73.1, does committee agree?

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

Some Hon. Members

Agreed.

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4801

The Chair

The Chair Lesa Semmler

Clauses 74, does committee agree?

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4802

Some Hon. Members

Agreed.

Committee Motion 309-19(2): Bill 48: Arbitration Act - Addition of clause 73.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4802

The Chair

The Chair Lesa Semmler

Minister of Justice.

Committee Motion 310-19(2): Bill 48: Arbitration Act - Addition of clause 74.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4802

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Madam Chair. I move that Bill 48 be amended by adding the following after Clause 74: "Education Act, 74.1: Section 57 of the Education Act is amended by striking out “Arbitration Act” and substituting “Arbitration Act 1988 RSNWT 1988, c A-5.” Thank you.

Committee Motion 310-19(2): Bill 48: Arbitration Act - Addition of clause 74.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4802

The Chair

The Chair Lesa Semmler

Thank you. The motion is on the floor and being distributed. The motion is in order. To the motion.

Committee Motion 310-19(2): Bill 48: Arbitration Act - Addition of clause 74.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4802

Some Hon. Members

Question.

Committee Motion 310-19(2): Bill 48: Arbitration Act - Addition of clause 74.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4802

The Chair

The Chair Lesa Semmler

Question has been called. All those in favour? All those opposed? All those abstaining? Motion is carried.

---Carried