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

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Clauses 51 to 55, does committee agree?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Clauses 56 to 60, does committee agree?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

October 25th, 2022

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Clauses 61 to 61, does committee agree?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Clauses 66 to 70, does committee agree?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Clauses 71 to 73, does committee agree?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Committee, to the bill as a whole, does committee agree that Bill 52, Elevators and Lifts Act is now ready for third reading?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Thank you, committee. Does the committee agree that this concludes our consideration of Bill 52, Elevators and Lifts Act?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

The Chair

The Chair Lesa Semmler

Thank you, Minister, and thank you to your witnesses. Sergeant-at-arms, please escort the witnesses from the Chamber.

Committee, we've agreed to consider Bill 48, Arbitration Act. I will ask the Minister of Justice to introduce the bill.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4799

R.J. Simpson

R.J. Simpson Hay River North

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.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

The Chair

The Chair Lesa Semmler

Thank you, Minister. Minister, would you like to bring witnesses into the Chamber?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

R.J. Simpson

R.J. Simpson Hay River North

Yes.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

The Chair

The Chair Lesa Semmler

Thank you sergeant-at-arms, please escort the witnesses into the Chamber. Minister, will you please introduce your witnesses for the record.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

R.J. Simpson

R.J. Simpson Hay River North

Thank you. with us today, we have Brad Patzer, assistant deputy minister Attorney General with the Department of Justice, and to his right Ian Rennie, acting director of legislation division with the Department of Justice. Thank you.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

The Chair

The Chair Lesa Semmler

Thank you, welcome. I will now turn to the chair of the Standing Committee on Social Development, the committee that reviewed the bill, for any opening comments or Bill 48. Ms. Cleveland.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

Caitlin Cleveland

Caitlin Cleveland Kam Lake

Thank you, Madam Chair. Madam Chair, Bill 48, Arbitration Act, received second reading in the Legislative Assembly on March 30th, 2022, and was referred to the Standing Committee on Social Development for review.

Bill 48 replaces the existing Arbitration Act with a more modern law modelled after the Uniform Arbitration Act of 2016. This update is to modernize old arbitration legislation and bring it in line with international best practices. Committee received no submissions from the public on Bill 48.

On October 5th, 2022, the standing committee held a public hearing with the Minister of Justice and completed its clause-by-clause review on the bill on October 11th, 2022.

On October 13th, 2022, Bill 48 was reported to the Assembly as ready for further consideration in Committee of the Whole. The committee's report on Bill 48 was read earlier today and was received and adopted by the Assembly. Individual Members may have additional comments or questions. Thank you, Madam Chair.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

The Chair

The Chair Lesa Semmler

Thank you I will now open the floor to general comments on Bill 48. Does committee agree that there are no comments for Bill 48?

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

Some Hon. Members

Agreed.

Committee Motion 307-19(2): Committee Report 33-19(2): Standing Committee on Economic Development and Environment Report on the Review of Bill 52, Elevators and Lifts Act - Government Response to Recommendations, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 4800

The Chair

The Chair Lesa Semmler

Can we proceed to a clause-by-clause review of the bill?