This is page numbers 6721 - 6786 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 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks, Madam Chair. Well, my apologies to the Minister. My recollection was that that was said during the clause-by-clause review and if my recollection is wrong, I sincerely apologize. But I guess I'd like to know, first off, just confirm with the Minister, will this bill apply to GNWT? Will it apply to Indigenous governments? Will it apply to municipal governments? What's the application of this bill. Thanks, Madam Chair.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

The Chair

The Chair Lesa Semmler

Thank you, Member. Minister.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Madam Chair. So this bill, the GNWT is exempt from provisions of this bill that other levels of government are not exempt from. And that's actually the current situation in the Northwest Territories right now under the current Mechanics' Lien Act. So this is a continuation of the status quo in terms of the application of the bill to governments. Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. Well, I guess I'm not really in favour of continuing what is probably not a good situation. You know, GNWT is the major contracting authority here in the Northwest Territories. Why doesn't this bind the GNWT? Thank you, Madam Chair.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

The Chair

The Chair Lesa Semmler

Thank you, Member. Minister.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

R.J. Simpson

R.J. Simpson Hay River North

Thank you. And there's been comments about protecting, you know, other -- protecting governments. The legislation's not about protecting governments, it's about ensuring that workers get paid. And the GNWT is not an entity that we're worried about being insolvent. There's not a concern that the GNWT won't pay their bills. There's -- you know, we hear concerns from the Members about when the bills get paid, but the issue isn't that they won't get paid. Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. So okay, I got an explanation as to why the Minister and Cabinet believe that this shouldn't apply to GNWT. Why does it apply, then, to municipal governments? Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6744

The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

R.J. Simpson

R.J. Simpson Hay River North

Thank you. Municipal governments don't have the same powers of taxation. They don't have the same revenue as the GNWT. And there's chances that they could be in a situation where they can't pay workers. And we also have to look at the bill as a whole and what is the point of the bill if, you know, we add more and more and more exclusions, then are we really fulfilling the spirit of this legislation. Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. Yeah, that's kind of my thoughts exactly. If this doesn't apply to GNWT, why are we doing it? Will this bill apply to Indigenous governments and will it allow seizure and sale of Indigenous owned lands? Thank you, Madam Chair.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

R.J. Simpson

R.J. Simpson Hay River North

Thank you. Indigenous governments are bound -- would be bound by this act as well. And I will say that if municipalities and Indigenous governments were in the same position as the GNWT, they would then have to comply with other -- they'd have to abide by the surety bond section of the act, which would mean that they would have to have contracts that are bondable, which would have an impact on -- could have an impact on their ability to get people to do work in certain regions of the territory as well. Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Okay, thanks, Madam Chair. I'll try the second part of my question again. Will this bill enable the seizure and sale of Indigenous owned lands? Thank you, Madam Chair.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

R.J. Simpson

R.J. Simpson Hay River North

Private lands can be seized and sold. Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. So will that include settlement lands; you know, the Inuvialuit Regional Corporation, some of the Sahtu entities, the Gwich'in Tribal Council actually own some lands surface, subsurface, sometimes both for the same parcel. This bill would enable seizure and sale of those settlement lands? I just want to confirm how GNWT's going to interpret this bill. Thank you, Madam Chair.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

R.J. Simpson

R.J. Simpson Hay River North

Thank you. So I will hand it to Mr. Yap for a more detailed explanation. Thank you.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

The Chair

The Chair Lesa Semmler

Mr. Yap.

Committee Motion 503-19(2): Bill 65: Builders' Lien Act - New Clause 3.1, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6745

Matthew Yap

Thank you, Madam Chair. To answer the Member's question, it really depends on the nature of the land in question and the terms of that land in the land claim or self-government agreement. So depending on how that land is structured or the type of ownership, it may or may not be. Thank you, Madam Chair.