This is page numbers 3897 - 3946 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

Bill 37: Information and Protection of privacy act
Reports Of Committees On The Review Of Bills

Page 3905

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. Reports of committees on the review of bills. Reports of standing and special committees. Member for Yellowknife North.

Rylund Johnson

Rylund Johnson Yellowknife North

Report on Bill 37: An Act to Amend the Information and Protection of Privacy Act

Introduction

Bill 37: An Act to Amend the Access to Information and Protection of Privacy Act received second reading on November 25th, 2021 and was referred to the Standing Committee on Government Operations for review.

Bill 37 would amend the Act to clarify certain provisions and enhance compliance with legislated timelines. Specifically, Bill 37:

  • Amends the definition of "business days" to exclude mandatory leave days;
  • Clarifies the elements of the Information and Privacy Commissioner's response on completing a privacy review; and
  • Removes the term "agency" and "agencies" from the definition of "common or integrated program or service."

Public Feedback

Committee published a notice seeking public feedback on Bill 37 and received no responses.

Committee Review

On December 6, 2021, the committee met in camera to examine Bill 37 for the first time. During this review, the committee was concerned with the proposed definition for "business days". Originally, clause 2 of Bill 37 proposed:

  • Section 2 is amended by repealing the definition of "business day" and adding the following definition:
  • "Business day" means a day other than a Saturday, Sunday, or a holiday, or any day on which the Information and Privacy Commissioner, or other persons employed in the public service, are on mandatory leave.

While the committee agreed with the intent of this change, the committee was concerned that the proposed wording was confusing. The amendment intended to ensure the Government of the Northwest Territories mandatory leave days are not counted as business days when applying timelines under the Act; specifically, the five mandatory leave days many GNWT employees take in December and January of each year.

However, the bill's reference to "other persons employed in the public service" was problematic because there are GNWT employees who may take their mandatory leave at any time of the year.

The committee was concerned that the proposed definition of "business days" would not necessarily be restricted to the five days taken by many GNWT employees in December and January and was apt to lead to confusion.

The committee was further concerned that the proposed definition could be confusing because the Information and Privacy Commissioner is not a member of the public service.

The committee corresponded with the Government House Leader regarding its concerns. The correspondence ultimately led to a motion to amend clause 2 of Bill 37. That motion read:

That clause 2 of Bill 37 be amended by striking out the proposed definition "business day" and substituting the following:

"Business day" means any day except

  1. A Saturday,
  2. A Sunday,
  3. A holiday, or
  4. Any day between December 19 and January 5 on which the majority of persons employed in the Office of the Information and Privacy Commissioner are on mandatory leave.

Committee was satisfied that the motion resolved its concerns. Therefore, the committee agreed to and passed the motion with concurrence of the Minister of Justice, during its public hearing and the clause-by-clause review on March 7, 2022.

Conclusion

The committee reports Bill 37: An Act to Amend the Information and Protection of Privacy Act, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole.

The committee acknowledges and appreciates the commitment of the Minister of Justice, his officials, and the law clerk to engage with the committee to resolve wording issues in the legislation. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. Reports of committees on the review of bills. Tabling of documents. Minister responsible for Industry, Tourism and Investment.

Caroline Wawzonek

Caroline Wawzonek Yellowknife South

Mr. Speaker, I wish to table the following three documents: Canada Energy Regulator's 2020-21 Annual Report of Activities under the Northwest Territories Oil and Gas Operations Act; Reimagining Closure Summary Report, January 26th, f2022; and, Review of Resource Royalties in the Northwest Territories Discussion Paper. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Minister responsible for Infrastructure.

Diane Archie

Diane Archie Inuvik Boot Lake

Quanainni. I wish to table the following document: Plain Language Summary for Bill 46: An Act to Amend the Motor Vehicles Act. Quanainni.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Notices of motion. Member for Thebacha.

Frieda Martselos

Frieda Martselos Thebacha

Mr. Speaker, I give notice that on Friday, March the 11th, 2022, I will move the following motion:

I move, seconded by the honourable Member for Hay River North, that when this House adjourns on Friday, March 11th, 2022, it shall be adjourned until Monday, March 28, 2022; And furthermore, that at any time prior to March 28th, 2022, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment or at a time later than the scheduled resumption of the House, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as if it had been duly adjourned to that time. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. Notices of motion. Motions. Notices of motion for the first reading of bills. Minister responsible for Education, Culture and Employment.

Bill 47: An Act to Amend the Employment Standards Act, No. 2
Notices Of Motion For The First Reading Of Bills

March 9th, 2022

Page 3906

R.J. Simpson

R.J. Simpson Hay River North

Mr. Speaker, I give notice that on Friday, March 10th, 2022, I will move that Bill 47: An Act to Amend the Employment Standards Act, No. 2, be read for the first time. Thank you, Mr. Speaker.

Bill 47: An Act to Amend the Employment Standards Act, No. 2
Notices Of Motion For The First Reading Of Bills

Page 3906

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Notices of motion. Minister responsible for ECE.

Bill 47: An Act to Amend the Employment Standards Act, No. 2
Notices Of Motion For The First Reading Of Bills

Page 3906

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Mr. Speaker. I misspoke. I give notice that on Friday, March 11th, 2022, I will move that Bill 47: An Act to Amend the Employment Standards Act No. 2 be read for the first time. Thank you, Mr. Speaker.

Bill 47: An Act to Amend the Employment Standards Act, No. 2
Notices Of Motion For The First Reading Of Bills

Page 3906

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Notices of motion for the first reading of bills. First reading of bills. Second reading of bills. Minister responsible for Infrastructure.

Diane Archie

Diane Archie Inuvik Boot Lake

Quyanainni. I move, seconded by the honourable Member for Sahtu, that Bill 46, An Act to Amend the Motor Vehicles Act be read for the second time.

This bill amends the Motor Vehicles Act to clarify that:

  • The registrar may exercise certain powers based on a report of prescribed medical examination that is required for a particular class of driver's licence under the regulations; or, for drivers as a condition of their driver's licence without first having to require a second identical medical examination and that the registrar may consult with a medical professional to review the report.
  • Repeal the definition of "approved drug screening equipment" and replace the definition of "novice driver",
  • Lower the thresholds for penalties related to blood alcohol concentrations exceeding 50 milligrams of alcohol in 100 millilitres of blood and concentrations exceeding 80 milligrams of alcohol in 100 millilitres of blood to concentrations equaling or exceeding 50 milligrams of alcohol in 100 millilitres of blood and concentrations equaling or exceeding 80 milligrams of alcohol in 100 millilitres of blood;
  • Clarify that penalties related to blood alcohol concentrations equaling or exceeding 50 milligrams of alcohol in 100 millilitres of blood apply to drivers of commercial vehicles; and penalties for failure to comply with demands made under section 320.27 or 320.28 of the Criminal Code;
  • Stipulate that novice drivers, drivers who have not attained 22 years of age, and drivers of commercial vehicles are subject to penalties where bodily substance sample taken from the driver under section 320.28 of the Criminal Code indicates a drug is present in the driver's body; and clarify that a drug does not include a drug authorized to be used for medical purposes;
  • Add an exception to the prohibition against operating a motor vehicle while disqualified or prohibited for a person participating in alcohol ignition interlock device program;
  • Stipulate that a person's driver's licence is cancelled if a judge in the Northwest Territories prohibits them from operating a motor vehicle on the basis of Criminal Code conviction; and
  • Correct inconsistencies and errors identified in the act.

Quanainni, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Motion is in order. To the principle of the bill. Oh sorry, Minister responsible for Infrastructure. Okay, you guys are confusing me here. Motion is in order. To the principle of the bill?

Some Hon. Members

Question.

The Speaker

The Speaker Frederick Blake Jr.

Question has been called. All those in favour? All those opposed? Any abstentions? Motion is carried. Bill 46 has had second reading and is referred to committee.

---Carried

Second reading of bills. Consideration in Committee of the Whole of bills and other matters: Bill 23, 29, 38; Minister's Statement 202-19(2); Tabled Document 561, 567, 578, 579-19(2).

By the authority given to me as Speaker by Motion 1-19(2), I hereby authorize the House to sit beyond the daily hour of adjournment to consider the business before the House, with Member for Inuvik Twin Lakes in the chair.

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

The Chair

The Chair Lesa Semmler

I now call Committee of the Whole to order. What is the wish of committee? Member for Frame Lake.

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Merci, Madam la Presidente. Committee wishes to consider Tabled Document 561-19(2): Main Estimates 2022-2023, with Health and Social Services. Mahsi, Madam Chair.

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

The Chair

The Chair Lesa Semmler

Thank you. Does committee agree?

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

Some Hon. Members

Agreed.

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

The Chair

The Chair Lesa Semmler

Thank you, committee. We will take a recess.

---SHORT RECESS

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

The Chair

The Chair Lesa Semmler

I will now call Committee of the Whole back to order. Committee, we've agreed to consider Tabled Document 561-19(2): Main Estimates 2022-2023. Does the Minister of Health and Social Services have any opening remarks?

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

Julie Green

Julie Green Yellowknife Centre

I just have to find them.

Consideration In Committee Of The Whole Of Bills And Other Matters
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 3906

The Chair

The Chair Lesa Semmler

Minister.