EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
During the minister’s appearance before the standing committee, members expressed concern with respect to section 5 of the present Government Contract Regulations.
This section gives authority to the Cabinet of the day to enter into or direct a contract authority to enter into a contract, notwithstanding any other provision of the regulations.
The Cabinet is required to record its reasons for doing so in cases where it exercises this authority.
Given that the frequency with which this provision is used by the government, and its reasons for doing so, is not readily apparent to Members of the Legislative Assembly or the public.
A Written Question on this issue was recently posed in the House by a committee member.
The government’s response to the question is anticipated to clarify the number of times that this provision has been exercised since 1999, other than the one we know about, and the circumstances in which it was deemed necessary.
Although the standing committee recognizes that there may, on occasion, be genuinely extraordinary circumstances that justify the use of this type of provision, it is incumbent on the government to be fully transparent when doing so.
The standing committee urges the government to give careful consideration to the question of whether this provision will also apply to the contracting activities of public agencies.
In 2005, the regulations were amended in order to update references to the NNI Policy.
Previously, the regulations referred to the old Business Incentive Policy.
On a related matter, the standing committee has noted that one of the priorities of the Department of Economic Development and Transportation, as stated in its business plan, has been; “to be focused on ensuring a standardized application process within the GN prior to the anticipated 2006-07 expansion of the NNI Policy to include Crown Agencies and Municipal Governments.
Members have expressed concern as to whether adequate resources will be available to municipalities to enable them to fully comply with the policy.
Mr. Chairman, that concludes my opening comments and again the standing committee recommends passage of the bill with the few questions to be answered.
Minister, do you have witnesses you would like to bring to the table?
Does the committee agree to bring the witnesses?
Sergeant-at-Arms, could you please escort the witnesses in?
Minister, could you please introduce your witnesses.
On my right is Mr. Tootoo, the Assistant Deputy Minister of Finance, and on my left Diane Buckland who is the Director with the Department of Justice, legislation division.
Members, we are on Bill 6.
Going through clause-by-clause, page 1, Bill 6, An Act to Amend the Financial Administration Act.
Is the committee agreed to Bill 6 as a whole?
Is the committee agreed that Bill 6 is ready for third reading?
Thank you, Minister Simailak and your officials. Thank you.
Right now I would like to ask the Minister of Justice if he has opening remarks.
Bill 09 – An Act to Amend the Exemptions Act – Review in Committee
At the time of division, the Exemptions Act was adopted for Nunavut. This Legislation had not been changed significantly for a very long time and does not reflect the current economic reality of the times in which we live.
An example of such an unrealistic situation is that of limiting the exemption on a house and buildings occupied by a debtor in the lot on which they are situated to $3,000.
The purpose of the Exemptions Act is to describe items of necessity which can not be seized by a person who is owed money from a person who owes them money.
When a court has awarded a judgment giving the creditor the right to seize property from a debtor the Act lists the types of goods and property which can not be seized.
The exemptions currently available under the Legislation are not justifiable under Nunavut’s economic circumstances.
Under the proposed amendment, certain amounts will be capped; however, these amounts will be set by cabinet, rather than appearing in the act itself.
This arrangement will allow greater flexibility to reflect Nunavut’s changing economic circumstances from time to time.
It is necessary to amend this legislation so that it will be fair to those who are in debt, while at the same time, also retaining some means of relief for unsecured creditors.
Those are my comments. I’ll be pleased to respond to any questions that members may have in the Committee of the Whole.
The Standing Committee Ajauqtiit has had the opportunity to review Bill 9, An Act to Amend the Exemptions Act.
The standing committee recognizes that this bill is intended to update legislation that does not reflect current economic reality. The committee supported the principle of the bill.
During the review of the bill, members recommended including an amendment to exempt from seizure money paid as compensation received arising from the recently-announced residential school settlement. Members are pleased that the minister was able to work with the committee to amend the bill, making it more of a made-in-Nunavut piece of legislation.
Members raised the issue of the treatment of Registered Retirement Savings Plans. The committee was pleased to receive a commitment from the minister to review this issue, and look forward to future government initiatives.
The standing committee supported the bill at the clause-by-clause stage of standing committee review.
Minister Okalik, do you witnesses that you would like to bring to the table?
Chairman: Sergeant-at-Arms, escort the witnesses in, please.
Hon. Paul Okalik (interpretation): Thank you. On my right is my Deputy Minister from Justice, Markus Weber, and to my left is Mr. Thomas Druyan.
We are on Bill 9, An Act to Amend the Exemptions Act.
I’m not sure in the minister’s opening comments he said under proposed amendments certain amounts would be capped.
I don’t think he can clarify here under this section. It talks about a lot of individual things that an individual may own.
I’m just wondering if he could indicate if these are the things that are going to be capped, or what kind of caps are they looking at putting in place.
Hon. Paul Okalik: What we’ve decided to do is place the capped amounts in the regulations. For example, instead of $3,000 it would be $35,000 in the regulations. We are putting it in all the regulations so that in the future we do not have to come forward with amendments and fall behind like the one we have, the current statute.
In Section 2, they are talking about tools and instruments, motor vehicles, all-terrain vehicles, snowmobiles, watercrafts, and other chattels ordinarily used and needed by the debtor in hunting and fishing for food.
I am just wondering if what this is stating here, would that amendment and those things would be excluded under the exemptions act so that, regardless, how would they determine whether an individual is going to use it for hunting, for food, to be able to exclude it between someone that just uses it for recreational purposes.
Hon. Paul Okalik: Thank you. If the debtor wants to pursue it from the creditor, they would have to apply to the court.
The court would decide at the end of the day after reviewing the situation if that is the actual case; if the snow machine is required by the person then the court would determine that it should be exempted.
What about any other hunting equipment like rifles, dogsleds, or anything that someone uses for hunting? Are those things excluded?
Chairman: Thank you, Mr. Tootoo. Minister Okalik.
Hon. Paul Okalik: Thank you, Mr. Chairman. That would fall under the same subsection, defined as other chattels ordinarily used and needed by the debtor in hunting or fishing.
What about vehicles, like if someone owes money and cannot pay.
They have a vehicle, but for all intents and purposes here in Iqaluit, the furthest you could live away is Apex, and to be able to get back and forth to work and bring your family back and forth, would a vehicle be excluded in those circumstances.
Hon. Paul Okalik: Thank you, Mr. Chairman. It could be but at the same time, vehicles are usually secured items where you get a bank loan, they usually require you to sign that off in the event that you cannot pay it off and the bank can repossess it. So, it could vary.
In subsection 2, it says the following money including income acquired through investments is exempt under the execution. Would that mean like if someone is working and they have a pension and I guess that pension that they have, is that something that is excluded or is it partially excluded from the creditor going after it.
I think the member has hopped on to the next one and perhaps we should approve this one first before going on to the next one.
To clarify the matter that is being discussed, it is still under that same section 2.
So I will allow you to respond to that Mr. Minister. Mr. Okalik.
The clause referred to that I thought was the next one, subsection, yes; it deals with situations where it protects the debtor in the event that they may get monies from residential school situations.
So that’s what it’s there for; it’s not there for other purposes. It’s in the event that they get awarded some of the money that shouldn’t be collected by the creditor.
Then I guess, I don’t know if it’s in here, is it already included in the Act where pension income would be excluded, or like say for example, where we can put our retirement money away in RSPs and things like that, would that be something that’s either protected or partially protected under the Exemptions Act?
Hon. Paul Okalik: Thank you, Mr. Chairman. We discussed this at length at committee and there is some protection for federal pensioners, but in some cases, they are largely unprotected, RSPs.
So I said I committed to the committee that I will take this under advisement and see if we can introduce a separate piece of legislation that will protect RSPs.
I know another issue that relates to this. I know people that work have a pension whether it is federally or territorially, have some exemptions that are there on that, but for those individuals that are self-employed, their pension is their RRSPs and they have no protection at all in cases like that.
So will the minister, as indicated, look at bringing forward some separate amendments to deal with RSPs, would he commit to including, to make a more level playing field, for example, for people who are self-employed that they have some level of protection that their RRSP funding, the money that they put away for their pension because they don’t have a pension that’s contributed into it by an employer.
So would the minister commit to looking into and bringing that forward at the same time?
Hon. Paul Okalik: Thank you, Mr. Chairman. That’s exactly what I committed to do with the committee and that we will be working on that.
Chairman: Thank you, Minister. (interpretation) Any more, Mr. Tootoo?
I have no more names on my list here. (interpretation ends) Bill 9, reprint, An Act to Amend the Exemptions Act. (interpretation) Clause 2.
The next page, Clause 3.
In here, Clause 7, it talks about the special circumstances or family under the debtor. Can the minister give us an indication of any kind of ideas of special circumstances that they had in mind when they included that section?
Hon. Paul Okalik: Each case is different, there may be very special circumstances that require some exemptions that aren’t covered by this legislation and we are leaving it to the court’s discretion to look at those exceptional cases. So we don’t want to close the door completely. We want to leave the door open.
Things may fall through the cracks, and it will be up to the court to decide in those situations.
Do you have any more questions, Mr. Tootoo?
It says here that the Nunavut Court of Justice may on application increase an exemption.
Who is the onus to make that application to increase the exemption?
Is it the courts, to take that onus, who they apply to?
Maybe I could just get some clarification on how that process is supposed to work.
The onus would obviously be on the debtor to apply for an increased exemption under the Act. So, that’s how it is now.
The court would then decide, after reviewing the situation if the situation warranted an increase.
On the next page, it talks about regulations and it indicated that the commissioner on the recommendation of the minister may make regulations. Can the minister indicate when... he already indicated that they’re increasing the exemption on homes to $35,000; do they have a set of regulations already in place to go along once this kicks in?
When are they planning on bringing forward the new regulations dealing with this?
We would like to move forward on this. After we pass this legislation, then work with Nunavut Tunngavik Incorporated, consulting with them on the regulations and put them in place; so hopefully before spring.
What happens in the transition time when we pass this and it comes into force? Do we have to wait for the regulations for it to come into force with the exercise? If not, then it comes in right away, what happens if cases come before the court prior to regulations being developed?
This Act or any portion of this Act comes into affect on the day, or days to be fixed by the Commissioner when the regulations are put in place.
So we’re still working under the same, the old rules up to that point.
Chairman: Thank you, Minister Okalik. (interpretation) We’re on page 3.
Let’s look for the page first. We’re on page 3.
Do you agree to Bill 9 as a whole?
Do you agree that Bill 9 is ready for third reading?
Thank you, Mr. Okalik. And I thank your officials.
Thank you. We have been working on the bill.
We’re going to request that the Speaker return.
The Chairman, Mr. Kilabuk.
Your committee has been considering Bill 5, Bill 6, Bill 9, Bill 12, Bill 13, and Bill 14 and would like to report that Bill 5, Bill 6, Bill 9, Bill 12, Bill 13, and 14 are immediately ready for third reading.
All members have their hands up, so Mr. Okalik is the seconder.
Bill 05 – An Act to Amend the Conflict of Interest Act – Third Reading
I move, seconded by the honourable member for Rankin Inlet South/Whale Cove, that Bill 5, An Act to Amend the Conflict of Interest Act, be read for the third time.
Speaker (interpretation): There is a motion on the floor. All those in favour. Opposed.
The motion is carried. Bill 5 has had third reading.
Bill 06 – An Act to Amend the Financial Administration Act – Third Reading
I move, seconded by the Honourable Member for Iqaluit West, that Bill 6, An Act to Amend the Financial Administration Act, be read for the third time.
Bill 6 has had its third reading.
Bill 09 – An Act to Amend the Exemptions Act – Third Reading
I move, seconded by the Honourable Member for Baffin South, that Bill 9, An Act to Amend the Exemptions Act, be read for the third time.
Bill 9 has had its third reading.
Bill 12 – Appropriation (Operations & Maintenance) Act, 2006-07 – Third Reading
Mr. Speaker, I move seconded by the Honourable Member for Iqaluit East, that Bill 12, Appropriation (Operations & Maintenance) Act, 2006-07, be read for the third time.
Bill 13 – Supplementary Appropriation (Capital) Act #3, 2005-06 – Third Reading
Mr. Speaker, I move, seconded by the Honourable Member for Nanulik, that Bill 13, Supplementary Appropriation (Capital) Act #3, 2005-06, be read for the third time.
Bill 14 – Supplementary Appropriation (Operations & Maintenance) Act #3, 2005-06 – Third Reading
Mr. Speaker, I move, seconded by the Honourable Member for Amittuq, that Bill 14, Supplementary Appropriation (Operations & Maintenance) Act # 3, 2005-06, be read for the third time.
Before we end this sitting, Mr. Clerk, will you ascertain if the Commissioner of Nunavut is prepared to enter the Chambers to give assent to Bills?
Bill 05 – An Act to Amend the Conflict of Interest Act – Assent
Bill 06 – An Act to Amend the Financial Administration Act – Assent
Bill 09 – An Act to Amend the Exemptions Act – Assent
Bill 12 – Appropriation (Operations & Maintenance) Act, 2006-07 – Assent
Bill 13 – Supplementary Appropriation (Capital) Act #3, 2005-06 – Assent
Bill 14 – Supplementary Appropriation (Operations & Maintenance) Act #3, 2005-06 – Assent
Commissioner (interpretation): Please be seated. As Commissioner of Nunavut, I hereby assent to the following Bills.
Bill 5, An Act to Amend the Conflict of Interest Act; Bill 6, An Act to Amend the Financial Administration Act; Bill 9, An Act to Amend the Exemptions Act; Bill 12, Appropriation (Operations & Maintenance) Act, 2006-07; Bill 13, Supplementary Appropriation (Capital) Act #3, 2005-06; Bill 14, Supplementary Appropriation (Operations & Maintenance) Act #3, 2005-06.
Speaker (interpretation): Item 22.
Orders of the Day for June 9, 2006:
Speaker (interpretation): We will resume on Friday, June 9, 2006 at 10:00 in the morning.
>>House adjourned at 21:28
Friday, June 9, 2006
Pages 1900 – 1935
Speaker: The Honourable Peter Kilabuk, M.L.A.
Opening Prayer 1900
Ministers’ Statements 1900
Members’ Statements 1901
Recognition of Visitors in the Gallery 1909
Oral Questions 1909
Returns to Written Questions 1927
Tabling of Documents 1927
Notices of Motions 1929
Notices of Motions for First Reading of Bills 1930
Motions 1931
Orders of the Day 1934
Friday, June 9, 2006 1900
090 – 2(3): Premier Absent from the House (Picco) 1900
091 – 2(3): Congratulations to Sheila Watt-Cloutier (Netser) 1900
229 – 2(3): Umingmak School Graduates (Barnabas) 1901
230 – 2(3): Medical Travel Escorts and Airline Services (Evyagotailak) 1902
231 – 2(3): Repulse Bay Fishing Derby (Mapsalak) 1903
232 – 2(3): Congratulate Rankin Inlet Elementary School Students (Curley) 1903
233 – 2(3): Congratulations to Whale Cove Graduates (Brown) 1904
234 – 2(3): Arviat Kindergarten Graduates (Alagalak) 1904
235 – 2(3): Congratulations to Cape Dorset Graduates (Akesuk) 1905
236 – 2(3): Nunavut Association of Municipalities Annual General Meeting Resolutions (Peterson) 1905
237 – 2(3): Tribute to Inuksuk High School Graduates (Tootoo) 1906
238 – 2(3): Tribute to Jobie Nutarak (Netser) 1907
239 – 2(3): Broadcasting of House Proceedings (Tapardjuk) 1907
240 – 2(3): Congratulate Sanikiluaq Graduates (Kattuk) 1908
279 – 2(3): Health Care Coverage for Students Outside the Territory (Tootoo) 1909
280 – 2(3): Staff Housing for Teachers (Mapsalak) 1911
281 – 2(3): Comprehensive Strategy for GN Financial Structures (Peterson) 1913
282 – 2(3): Medical Escort Policy Review (Curley) 1915
283 – 2(3): Resolute Bay Water and Sewer Pipe Repairs (Barnabas) 1918
284 – 2(3): Deep Sea Port for South Baffin (Tootoo) 1920
285 – 2(3): Sanikiluaq Medical Airline Contract (Kattuk) 1922
286 – 2(3): Medical Transportation Arrangements (Arreak) 1924
Return to Written Question 010 – 2(3): Government of Nunavut’s Expenditures on Advertising for Employment Opportunities (Clerk) 1927
Return to Written Question 011 – 2(3): Crown Agency Expenditures on Advertising for Employment Opportunities (Clerk) 1927
Return to Written Question 013 – 2(3): Impact of the 2002 Budget Measures Implementation Act (Clerk) 1927
Return to Written Question 014 – 2(3): Government Contract Regulations made under the Financial Administration Act (Clerk) 1927
Return to Written Question 015 – 2(3): Intergovernmental Agreements Between the Government of Nunavut and Other Jurisdictions (Clerk) 1927
Return to Written Question 016 – 2(3): Individual Education Plans (Clerk) 1927
113 – 2(3): Statutory Tabling Requirements of Reports and Other Documents in the Legislative Assembly of Nunavut – June 2006 (Speaker) 1927
114 – 2(3): Health Coverage – Students Studying Outside Nunavut (Tootoo) 1928
115 – 2(3): 2005-06 FANS Benefits (Financial Assistance for Nunavut Students) (Tootoo) 1928
116 – 2(3): Response to Letter of Expectation – Nunavut Arctic College Board of Governors (Picco) 1928
117 – 2(3): Kivalliq Chamber of Commerce Annual General Meeting Resolutions 2006 (Curley) 1929
017 – 2(3): Appointment of Speaker – Notice (Arreak) 1929
018 – 2(3): Legislative Assembly Appointments – Notice (Mapsalak) 1929
017 – 2(3): Appointment of Speaker (Arreak) 1931
018 – 2(3): Legislative Assembly Appointments (Mapsalak) 1932
Bill 16 – Family Abuse Prevention Act – Notice 1930
Bill 17 – Supplementary Appropriation (Capital) Act #1, 2006-07 – Notice 1930
Bill 18 – Supplementary Appropriation (Operations & Maintenance) Act #1, 2006-07 – Notice 1930
Bill 19 – An Act to Amend the Revolving Funds Act – Notice 1930
Bill 20 – Miscellaneous Statutes Amendment Act, 2006 – Notice 1931
Bill 22 – Settlement of International Investment Disputes Act – Notice 1931
Bill 21 – An Act to Amend the Financial Administration Act #2 – Notice 1931
Honourable Leona Aglukkaq, Honourable Olayuk Akesuk, Mr. David Alagalak, Mr. James Arreak, Mr. Levi Barnabas, Honourable Levinia Brown, Mr. Tagak Curley, Mr. Joe Allan Evyagotailak, Mr. Peter Kattuk, Honourable Peter Kilabuk, Mr. Steve Mapsalak, Mr. Patterk Netser, Mr. Keith Peterson, Honourable Edward Picco, Honourable David Simailak, Honourable Louis Tapardjuk, Mr. Hunter Tootoo.
Speaker (interpretation): Deputy Premier, Ministers, and Members of the Legislative Assembly.
First of all, we will look at Ministers’ Statements.
Minister’s Statement 090 – 2(3): Premier Absent from the House (Picco)
Hon. Ed. Picco (interpretation): Good morning and I would like to welcome you.
An announcement that the Honourable Paul Okalik will be absent from the House today.
Ministers’ Statements. Minister Netser.
Minister’s Statement 091 – 2(3): Congratulations to Sheila Watt-Cloutier (Netser)
It is my pleasure to stand and congratulate Sheila Watt Cloutier for being the recipient of two more environmental awards.
Yesterday on June 8 she was presented with an award. (interpretation ends) Sheila Watt-Cloutier received the Outstanding Commitment to the Environment Award from Earth Day Canada. This award recognizes her national and international efforts to promote effectives responses to climate change.
She was also, as recently as June 4, presented with the Citation of Lifetime Achievement during the Canadian Environmental Awards. That award cited Sheila’s work for environmental protection and sustainability for Inuit, as well as her leadership and influence on key issues such as persistent contaminants and climate change.
Sheila has accepted numerous awards for her work promoting the Arctic and educating the people about the impacts of climate change not just in Nunavut, but around the world as well.
In the past 14 months she has also received the International Environmental Leadership Award at the Green Cross Millennium Awards, the Governor General’s Northern Medal, the International Environment and Development Sophie Prize and was named one of the champions of the earth by the United Nations Environment Program.
Mr. Speaker, Sheila is a tireless dedicated advocate for the Arctic, and for the Inuit. In one of her recent speeches, she said, “An Inuk hunter out on the ice is a sentinel, a first line of defence and a warning about climate change…” However, sometimes the sentinel alone on the ice needs help and a voice so that the rest of the world can hear him…and Sheila is that voice.
I hope that you will all join me in extending congratulations to Sheila not just for these awards but also for her hard work and commitment to protecting the environment.
Member’s Statement 229 – 2(3): Umingmak School Graduates (Barnabas)
Mr. Barnabas (interpretation): Thank you, Mr. Speaker and good morning, Members of the Legislative Assembly.
I would like to wish the people in my riding and my wife and children a good day.
Mr. Speaker, I rise today to honour students at Umingmak School in Grise Fiord who are graduating this year.
Sarah Kiguktak
Rhoda Akeeagok
Robbie Kakkee, and
Monica Kiguktak.
Mr. Speaker, last’s year’s graduate, April Akeeagok will also be joining this graduation event as Umingmak School did not have a graduation ceremony last year.
I am sure she will be pleased to celebrate this day with her fellow students.
Mr. Speaker, as a Member for the High Arctic, I would like to recognize the educators and parents of these students.
They are truly committed to making a difference in the success of our children and I commend them for it.
Mr. Speaker, education must be a key priority for our government.