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Speaker: I will now call the House to order. We will proceed at this t=
ime
with prayers.
&n=
bsp;
Prayers
DAILY ROUTINE
Speaker: We will proceed at this time with the Order Paper.
Tributes.
TRIBUTES
In recognition of the National Day of Mourn=
ing
Hon.
Mr. Graham: I rise in recognition of the Nation=
al Day
of Mourning. This Saturday, April 28, is the National Day of Mourning for
workers who have been injured or killed on the job. This national day of
remembrance was founded by the Canadian Labour Congress in 1984 and was
entrenched by the Workers Mourning Day Act that was passed in federa=
l Parliament
in 1991. I ask every Yukoner who can to join us here in this building at =
span> on Saturday for the Day of Mourning ceremony.
Last year in the
This year we are on track to see ne=
arly
2,000 Yukoners injured on the job. Some will never fully heal, some may die=
.
This government fully supports econ=
omic
growth, as you are aware, but not at any cost. Safe work practices are esse=
ntial
in all
Thank you very much, Mr. Speaker.= span>
Ms.
White:=
8195; I rise today on=
behalf
of the Official Opposition to pay tribute to the National Day of Mourning f=
or
workers killed or injured on the job. I warn you all now that this will be a
personal tribute. I may be accused later of public displays of emotion but
today I am willing to wear my heart on my sleeve to share with you what this
day means to me.
The Day of Mourning is a very perso= nal one for me. In fact, in the days leading up to April 28, I do not feel like mys= elf. Sometimes I forget why I feel at odds with my normal self and then it comes= at me in waves, slowly building until I remember and then it hits me like a to= n of bricks. There are thousands of Canadians who feel like I do, who feel the v= ery real loss of a loved one who was taken long before their time. We all try to figure it out, try and find the hidden meaning behind that loss.
Near the end of April, we walk arou= nd in a haze — a haze of memories. The fact that once a year we gather as a c= ountry, as a community to remember those who were taken from us on the job still ri= ngs bitter. I am grateful for the sense of community. I am grateful for the beautiful ceremony. I am grateful that my friends are remembered with float= ing black candles in the memorial fountain, but underneath all of that, I am an= gry. I am furious — furious that good people continue to lose their lives every year while at work.
What is your normal morning routine=
before
you head off to work? Do you have breakfast with a coffee with a loved one?=
Do
you spend some time with your kids herding them toward the door, toward the
school bus? When you get up in the morning, going through your normal routi=
ne,
how many of us stop and think, “This may be the last time that I do t=
his?”
We don’t and we shouldn’t. No one should live with that looming
over their head. But it’s a sad reality. There is no guarantee that t=
he
one you love will make it home from work. That’s why we have the Day =
of
Mourning to remember those who didn’t make it home.
The Day of Mourning became a hard r=
eality
for me
He decided he needed a change and t=
ook a
course at the college to get into the exploration industry. He wanted to wo=
rk
outdoors and spend more time with his dog, Nobu. He wanted to really see th=
e
On the morning of
He died on
In 2009, I worked for Yukon Zinc at= the Wolverine mine as the camp cook. Paul Wentzell was a beautiful man. He remi= nded me of a newborn colt. He was all legs and enthusiasm. That boy exuded a love for life. He was following in his father’s footsteps. All he wanted w= as to be a miner, like generations of his family before him. He was apprentici= ng as a heavy-duty mechanic.
My favourite memories of Paul are at breakfast. He’d come in all bleary-eyed, polite and sweet. He loved h= is journeymen — they were his closest family. He’d get exactly what his journeymen would order every morning for breakfast, regardless of what = was ordered. He was always excited about going to work. For him it was more tha= n a job.
I wasn’t out at camp at that =
point,
but I know on
My introduction into politics was m=
ore of a
christening by fire. I ran in the 2006 election after being asked by Todd H=
ardy
from his hospital bed in
The Day of Mourning is more than ju= st an idea. It’s about people. It’s about families. Today I shared glimpses of three friends I lost. There is so much more than just this, but= I wanted to put faces to this day. I wish I knew the story of every black can= dle in the fountain so that I could share the lives of the people we lost. I wi= sh I could speak of them here so that their families and friends know that we haven’t forgotten. I invite everyone to join us on Saturday to rememb= er.
Mr.
Silver:&=
#8195; I rise today on=
behalf
of the Liberal caucus to pay tribute to the National Day of Mourning, also
known as the Workers’ Memorial Day.
These men and women are victims of =
unsafe
practices. Safety on the job must be a priority for everyone, and responsib=
ility
for safety belongs to each and every one of us. We must educate our youth on
the importance of workplace safety as they enter the workforce, for they are
the most at risk from workplace accidents.
The Workers’ Compensation Hea= lth and Safety Board has a program called “Work Shouldn’t Hurt” a= nd it is an effective, although shocking, opportunity for high school students= to see the faces of young Canadians killed in the workplace and to hear the stories of those injured. All workers have the right to work in a safe and healthy environment. Although we have made gains toward stronger health and safety regulations, workplace injuries and work-related illnesses are still= all too common. We still have far too many lives that are unnecessarily lost or= irrevocable affected by injuries because of workplace accidents. It is up to both the employers and employees to follow workplace safety procedures. By working together, then and only then can we hope not only to prevent and reduce, bu= t to eliminate workplace injuries, deaths and diseases. As we observe this Day o= f Mourning, we pause to reflect and honour all workers who have been injured or killed = on the job, and we mourn with the families they have left behind. As we pay our respects, we must not allow the memory or suffering of these workers to go forgotten.
In recognition of National Organ= and Tissue Donor Awareness Week
Hon. Mr. Graham: I also wish to rise on behalf of all members to pay tribute to National Organ and Tissue Donor Awareness Week. <= o:p>
This week is National Organ and Tis=
sue
Donor Awareness Week. It is an opportunity to highlight the tremendous need=
in Yukon
According to statistics, in 2010, a=
total
of 2,102 organ transplants took place in
Recent media reports, as many have =
probably
noticed, have been full of the story of the young
It is such an easy thing to do. In =
It is such a small thing to do, a l=
ast gift
to help others live on. As for Ms. Campbell, latest reports have her recove=
ring
well from a double lung transplant. I am sure that we wish the same
extraordinary thing for all people in need.
Speaker: Introduction of visitors.
Are there any returns or documents = for tabling?
TABLING RETURNS AND DOCUMENTS
Hon. Mr. Pasloski:=
I rise to table=
a
letter, written by me to the Hon. James Moore, Minister of Canadian Heritage
and Official Languages, regarding the unanimous support of this House, in t=
erms
of continuing support for CBC AM service in the
Hon. Mr. Nixon: I have for tabling pursuant to the = Land Titles Act, section 12, the inspector’s report for the Government of Yukon.
Speaker: Are there any reports of committees?
Are there any petitions?
Are there any bills to be introduce= d?
Are there any notices of motion?
NOTICES OF MOTION
Ms. Hanson:= I give notice o= f the following motion:
THAT this House urges the
(1) the protection of young workers= ;
(2) the protection of temporary for= eign workers and nominees; and
(3) licensing of occupations with a= high degree of risk to public safety, health and property.
Speaker: Is there a minister’s statement?
This then brings us to Question Per= iod.
QUESTION PERIOD
Question re:
Workplace safety
Ms.
Hanson:&=
#8195; The
Hon. Mr. Graham: I’m sorry, Mr. Speaker, but I’ve probably missed something in the question — if the member would please repeat it.
Ms.
Hanson:&=
#8195; The crux of the=
issue
is that when it comes to licensing of occupations, the Yukon
Hon. Ms. Taylor: When it comes to licensing, I can s= peak to licensure for the various trades, of course. We spoke at greater length = with respect to this very matter yesterday on the floor of the Legislature. We do that under a number of various statutes, in terms of meeting the National Building Code and in terms of various occupations to protect homeowners and= to protect individual rights.
Ms.
Hanson:&=
#8195; One industry th=
at
isn’t licensed is home construction. Basically, if someone has a pick=
up
and a hammer, they can be a home builder. This government showed yesterday =
that
they have no appetite to bring forward progressive protection for homeowner=
s.
The minister responsible for Yukon Housing Corporation talked a bit about h=
is
personal problems with a
The Yukon Party’s philosophy =
to
homeowner protection is simple: what the market will bear and let the buyer
beware. They say they don’t regulate — get a real estate agent,=
get
a home inspector, they say.
My question: Why is this government= opposed to bringing in measures that will both foster a culture of safety in home construction and protect homeowners’ pocketbooks.
Hon. Mr. Kent: With respect to the debate yesterda= y, I know that the motion brought forward from the Member for Mount Lorne-Southe= rn Lakes indicated that he would like to see an act and regulations and legislation introduced. I think a number of speakers rose on this side of t= he House and spoke to our desire to see education and having the homeowners wo= rk and help them with tools to ensure that the purchases they’re making = are sound and that the work is of a quality that they deserve in making those t= ypes of purchases.
As I mentioned yesterday, where the= New Democrats choose to always move to legislation or regulation or moratoriums, it’s on this side of the House that we often choose education and collaboration with the private sector to reach the same goal, which is to ensure that when Yukoners purchase a home, they’re protected and that= the home is of a quality that they deserve by making such a significant purchas= e.
Ms. Hanson:&= #8195; We have certifi= cation in electrical, but we don’t have certification in plumbing. We don’t have certification for structural home construction; we donR= 17;t have certification for ventilation or heating systems. Home inspectors, one= of the solutions this government put forward yesterday, are not licensed. Gas fitters are certified, but we have no certification for installing and servicing oil fired appliances. I remind the members of the haunting words = in the final report to Yukon Housing Corporation Corporation: Self-regulation = has failed. Action must be taken as soon as possible to prevent incidents causi= ng harm to persons or property.
Why is there certification of some = trades and not others? It’s a question this government needs to answer. It i= s a simple question. Why is this government so unwilling to use its power to legislate and regulate to help foster a culture of safety that could prevent future death and injury?
Hon. Mr. Kent: It comes to reaching the same goal,= which I believe is the desire of every member in the House, and that is to protect consumers when they are making very large purchases, including often what is the largest purchase of one’s life, which is a new home. We certainly= , on this side of the House, want to focus on educating those consumers to prote= ct them as best they can and collaborate with the private sector.
I know yesterday we spoke about the
Canadian Home Builders Association, and the role that it takes in other jur=
isdictions
and the lack of a
With my responsibilities as Ministe=
r of
Education, I can let Yukoners know that the Question re: Young worker=
safety Ms.
Stick:=
8195; Young workers a=
re at a
higher risk of injury and death on the job than others. The Yukon NDP has
brought forward constructive solutions to address this issue since 2008. Pu=
blic
discussion on this issue has taken place. A deadline of The government says when it comes to
addressing young worker protection it is focused on, and I quote: “ar=
eas
of general consensus.” Preventing injuries and death on the job is an
area of very broad consensus. We are in a Legislative Assembly, the proper
place to make laws. Will this government set enforceable
health, safety and protection standards for new, young workers? Hon.
Mr. Graham: This is a subject of great interest=
to us
and of great concern as well. We are in the process of reviewing a number of
reports and recommendations that have come forth. Once that review is
completed, we will know where we are going from that stage. At this time the
review isn’t completed. Ms.
Stick:=
8195; The NDP caucus =
never
forgets where the demand for law comes from. When it comes to workplace saf=
ety,
the demand for legislation comes from unsafe conditions young people are
exposed to in workplaces. The government has a responsibility through
legislation, regulation and education to create a culture of safety. We take
seriously the work of the International Labour Organization. How does the government explain its=
non-compliance
with the International Labour Organization’s convention on minimum ag=
e? Hon.
Mr. Graham: We could have a debate for a number=
of
days in this Legislature with respect to international standards, so I
won’t even go there. What I will say to the member opposite, Mr. Spea=
ker,
through your good office, is that we’re in the process of reviewing t=
hat
legislation. We are in the process of reviewing recommendations, but we also
have to do a certain amount of consultation with employers and with people =
in
the field. Once that process is completed, we will be ready to bring forward
suitable legislation at that time if we so choose. Ms.
Stick: There=
has
been public consultation. In January 2012, the president and CEO of the Yuk=
on
Workers’ Compensation Health and Safety Board was cited in an intervi=
ew
about some industries, which have higher rates of injury than others. I quo=
te:
“Of all employers, mineral exploration companies need the most
help.” The president adds, “They are some of the newest employe=
rs
in the territory and tend to hire younger and out-of-territory workers each
year.” Will this government be regulating =
safety
standards for the mineral exploration industry this season that will protect
young workers, whether from here or from other jurisdictions? Hon.
Mr. Graham: Mr. Speaker, I think I’ve ans=
wered
the question twice already. We are doing those consultations. When they are
completed and our review of the recommendations is completed, we will bring
forward appropriate regulations at that time. Question re: Information =
sharing
among departments Mr.
Silver:&=
#8195; Mr. Speaker,
kindergarten marks children’s entry into the public school system and=
we
want to ensure that they are getting off to a good start. Registration is an
issue. Teachers generally reach out to the community before starting school,
but they are often left with incomplete information as to who will be
registering before kindergarten. It has been suggested that the Department =
of
Health and Social Services may be of some assistance. Teachers have asked me
about the possibility of elementary schools acquiring age-appropriate
children’s name from the Department of Health and Social Services. Will the minister facilitate the sh=
aring of
incoming students’ names so that teachers can reach out to those fami=
lies
and get kindergarten students off to the best possible start? Hon.
Mr. With respect to the member opposite=
’s
question on the floor here today, I will take it under advisement and perha=
ps
have a discussion with the Minister of Health and Social Services to ensure
that can be done without violating any privacy or other aspects. Mr.
Silver:&=
#8195; When kindergart=
en
teachers can work with parents before the children actually start school,
teachers are more prepared and students feel more comfortable in the fall. =
It
gives the teacher important information about their future class and about
their incoming students’ particular needs. Otherwise, the school is
caught unprepared dealing with last-minute walk-ins and registrations during
the first few days of school. Early engagement also informs paren=
ts as to
what to expect as their kids start school and what they can do to make the
transition to school enjoyable and effective for the child. The teachers are
asking only for incoming students’ names from their health records, n=
ot
any personal health information. If the Department of Health is willing, can
the minister suggest alternatives otherwise? Hon.
Mr. Graham: As my colleague next to me said,
I’m sure that we can sit down together with the Department of Educati=
on
and see if there is a possibility of providing this information to the
Education department. As my colleague has already mentioned, it is a very
important transition stage. I know that some principals in some schools aro=
und
the territory are also taking the initiative in this area, going out and
actually trying to determine which students will be coming to their school =
in
their kindergarten year. Through my colleague, I will be encouraging other
principals to engage in that practice, because it does work. Mr.
Silver:&=
#8195; I thank the min=
isters
for their responses. I have some more information, so I might as well share=
it. There are already information-shari=
ng
relationships between the Department of Health and Social Services and the
Department of Education. For example, the schools cooperate fully with the
Department of Health and Social Services in their request for access to
students for vaccinations, for dental therapy, family planning classes, tak=
ing
home health-related information, et cetera. That is, the school provides na=
mes
of children and access to them for Department of Health and Social Services
initiatives. It is not considered a confidentiality issue. Teachers are ask=
ing
that this be reciprocated, which is the basis of my questioning. My final question to the Minister of
Education or the Minister of Health and Social Services — and I think
they have already answered it: Are they willing to accommodate this recipro=
cal
request? Hon.
Mr. The literacy responsibilities resid=
e in the
Department of Health and Social Services and of course they are transferred=
to
Education for their public school time. I spoke earlier this session about =
the
Health Behaviour in School-aged Children survey that was led by Health and
Social Services, but facilitated by the Department of Education, so again t=
here
are a number of initiatives not only between our two departments — the
Minister of Health and Social Services and me — but also among all
departments on any range of issues, so just to answer the member’s
question, we will take a look at what he’s requesting and see if
there’s a way that we can facilitate that. Question re: Solid-waste
diversion Mr.
Silver:&=
#8195; Reducing the am=
ount of
waste that goes into our landfills is a stated goal of this government. One=
of
the ways to do this is by increasing recycling services. There are two rout=
es
to that goal — encouraging people to recycle more and making sure that
our recycling centres have the resources they need to operate effectively. =
Both
of these things are influenced by the beverage container recycling program
tolls — the amount of money consumers get for turning in their recycl=
ables
and the amount of money that recycling centres get for processing them. Can=
the
minister tell us how much these tolls are and when were these amounts last
changed? Hon.
Mr. Dixon: When it comes to the issue of recyc=
ling
and waste diversion, this is an issue that the Minister of Community Servic=
es
and I work on together quite closely. In terms of the specific numbers the
member opposite is looking for, I don’t have those here, but I can sa=
y it
has been a number of years since the beverage container regulations were re=
viewed.
We do know that, through the Yuk=
on Solid
Waste Action Plan, Yukoners have expressed an interest in having access=
to
more recycling programs and an outline of the government’s commitment=
to
support waste diversion or recycling initiatives. As the member opposite
alluded to, we do have a commitment to increase the amount of waste that is
diverted from our landfills and indeed, reviewing the beverage container re=
gulations
could be one method of doing that. Moving forward, the Minister of Com=
munity
Services and I have met with the recycling processors working group as well=
as
the groups individually. A number of them have made clear their interest in
reviewing that beverage container regulation. Moving forward, I think we can
meet with the Solid Waste Advisory Committee and determine how best to go
forward with that review. Mr.
Silver:&=
#8195; Thank you, Mr. =
Speaker,
and I thank the minister for his answer. Recycling centres like the Conserv=
ation
Klondike Society currently are operating on quite a shoestring budget. They get some base operating grants=
from
the government. I understand from conversations with CKS that when they last
negotiated that minimum operating allowance they were told not to expect
increases in the future. Some of the income comes from the recycling tolls;
however, they are caught in a the-more-we-recycle-the-more-we-lose type of
scenario, as not all recyclables are refundable. As more families attempt t=
o divert
waste from the landfills, it is harder to keep the recycling business in
business. This is not good for encouraging waste diversion in the Has the minister heard similar conc=
erns
from recycling societies? Are the tolls high enough to cover these costs an=
d is
there a plan to resolve this issue? Hon.
Mr. Dixon: To follow up on the member opposite=
’s
point, we have heard from a number of groups that the products that are
associated with the beverage container regulation and the tolls associated =
with
it have not been reviewed in quite some time, and there is an interest among
those groups as well as — I believe — a motion passed by the
Association of Yukon Communities in that respect as well. So, it is somethi=
ng
we are interested in moving forward with. Our commitment is to increase the
amount of waste we divert from our landfills. If that is indeed a tool we c=
an
use to do that, then it is something we would most certainly consider. Mr.
Silver:&=
#8195; Our recycling c=
entres
handle more than refundables, as the minister pointed out. They also handle=
the
non-refundable containers, like milk jugs, food tins, paper and other plast=
ics.
They do not get income from doing this work. Diverting these wastes from the
landfill saves this government money and is an important component of the <=
i>Yukon
Solid Waste Action Plan. Last summer, I lent a hand as CKS h=
ad to
ask volunteers to come sort mountains of recycling, as they were caught in =
this
“the more that we do, the more that it costs” catch-22 scenario.
Some years ago, there was talk about setting refundable levies on some of t=
his
non-refundable waste. This would help boost the recycling centre’s
income. Unfortunately, nothing has come of this. Will the minister consider implemen=
ting
recycling tolls on these goods — the non-refundable ones — so t=
hat
the recycling centres can earn an income from processing all recyclables?=
span> Hon.
Mr. Dixon: As I said, we are interested in mov=
ing forward
with our commitment to reduce the amount of waste that we are abl=
e to
divert from landfills. As I said, reviewing the beverage container regulati=
on
and the products associated with it, as well as the tolls, could indeed be =
one
of those tools we used to get to that goal. I would also remind the member =
opposite
that any of those groups that are non-profit groups are eligible for funding
through a number of other sources, and I would provide the community
development fund, as one that springs to mind, for upgrades to facilities, =
at
least. With regard to how this government =
will be
moving forward, as I said, we will be meeting with the Solid Waste Advisory=
Committee
very shortly, and we look forward to hearing from them as to how they think=
we
best move forward. Question re: Temporary fo=
reign
workers Ms.
Moorcroft: I want to thank=
the
Minister of Education for the answers he has given me in the past week whil=
e we
were in budget debate on foreign workers. I look forward to his further rep=
lies
in the near future. The minister stated that, at the mo=
ment,
there are no temporary foreign workers in the Hon.
Mr. Kent: What the member
opposite — just for
clarification purposes — is referring to is an annex to the temporary
foreign worker program that was signed in December 2010, as an addition to =
the Agreement
for Canada-Yukon Cooperation on Immigration, so it’s actua=
lly
that one that will allow temporary foreign seasonal workers to come into the
Yukon. Now, the program that’s admin=
istered
right now by the Department of Education is, of course, the Yukon nominee p=
rogram
and in debate earlier this week, I did set out for the member opposite that
there is a memorandum of understanding, which is a contract between the
employer, employee and Yukon government that is explained and signed by all
parties upon arrival of the nominee in the Yukon. So, among other things, it
sets standards for wages, travel, housing, medical care, and workers’
compensation. There are a number of issues that are dealt with in that
memorandum of understanding for the nominees who come into the Ms.
Moorcroft: I thank the min=
ister
for his answer. I did ask him if he knew how many temporary foreign workers=
are
expected this summer, and I didn’t hear an answer to that question.=
span> The Can the minister explain why the =
span> Hon.
Mr. Ms.
Moorcroft: Our tribute this
afternoon spoke to developing a culture of safety in the Temporary foreign workers may not h=
ave
sufficient English to read and fully understand a safety manual or
workers’ rights materials. They may not understand complex spoken adv=
ice
and directions. They may not know occupational health and safety regulations
allow workers the right to refuse dangerous work. The minister’s first
concern must be the protection of safety of foreign workers in any employme=
nt
agreement the Hon.
Mr. Kent: Again, as I mentioned in a previous
answer, there is a memorandum of understanding that is a contract between t=
he
employer, the employee and Yukon government that is explained and signed by=
all
parties once the nominee arrives in the Yukon. That memorandum of understan=
ding
sets standards for, among other things, work schedules, wages, travel expen=
ses,
housing, medical care, workers’ compensation and, of course how that =
work
will be monitored by the Advanced Education branch in the Department of
Education. As I mentioned earlier this week, t=
here is
regular monitoring that is done to ensure that employers are in compliance =
with
the memorandum of understanding, and to my understanding we are one of the =
few
jurisdictions in Question re: Contractor po=
licies Mr.
Barr:=
195; The NDP Official
Opposition was recently contacted by We have met with those contractors =
and
heard from them on a range of issues. Those issues include the fairness of =
the
tendering process and whether or not the department’s approach to
contracts for major projects protects the best interests of taxpayers. My
question is simple: Is the minister willing to meet with the contractors and
other interested parties to hear their concerns about the process for tende=
ring
tens of millions of dollars in contracts for the Department of Community Se=
rvices? Hon.
Ms. Taylor: I thank the member opposite for rai=
sing
this question. I, as Minister of Community Services, along with the Ministe=
r of
Highways and Public Works and our respective deputy ministers, as well, also
had the occasion to meet with the Yukon Contractors Association. There were
many contractors representing contractors throughout the territory who were
present at that very meeting. Of course, during that meeting, a number of
issues were discussed. I don’t want to air all that was discussed dur=
ing
the meeting, but certainly we have asked that the Department of Community S=
ervices
look into concerns that were raised by contractors, to which the member
opposite has alluded. Mr.
Barr:=
195; Government prog=
rams and
projects not only can enhance the lives of the people who use them, but also
provide significant employment and other economic benefits to Yukoners. We all want to see the government p=
rojects
completed in a timely fashion. But when the pace of those projects is too f=
ast,
outside firms are often used and potential economic benefits to Yukoners are
lessened. Could the minister tell this House what is being done to set a pa=
ce
for government projects in the territory that will get the job done and also
maximize employment and other economic benefits for Yukoners? Hon.
Ms. Taylor: I want to start out by just saying =
how
very proud I am to represent the Department of Community Services and all t=
he
individuals who work within that department. The department oversees almost
$200 million worth of expenditures when it comes to capital initiatives,
whether it’s under gas tax funding or whether it’s under Buildi=
ng
Canada funding. In fact, this year’s budget reflects some $65 million
worth of community infrastructure projects in support of solid-waste
improvements, in support of waste-water treatment, rural roads, green energy
and so forth. This government is very committed to working with the contrac=
ting
community and working with Mr.
Barr:=
195; We appreciate t=
he work
being done, but we know there is always room for improvement in the deliver=
y of
government programs and services. Good governments constantly review their
practices and outcomes with an eye to making them better. Would the minister please tell this=
House
if an internal audit has been conducted on the Department of Community Serv=
ices
tendering process? If so, what did the audit find and how is the minister
responding? If not, what else is the minister doing to review and improve t=
he
tendering process in the Department of Community Services? Hon.
Ms. Taylor: I can certainly say that, thanks to=
the
good work of officials housed within the Department of Highways and Public
Works, we’re very much committed to working to improve our procurement
policies and the way we deliver contracts, as the member opposite has allud=
ed
to. In fact, Highways and Public Works, in collaboration with our Public
Service Commission, has launched coursework addressing procurement. That was
actually launched back in March — last month alone — which prov=
ides
1,700 staff throughout the Government of Yukon with online delivery of
procurement practices. You can very much appreciate the number of contracts=
to
deliver programs and services on behalf of the Certainly, the Department of Commun=
ity
Services delivers many contracts on behalf of Speaker: The time for Question Period has now elapsed. Prior to procee=
ding
with Orders of the Day, the Chair will make a statement regarding the relev=
ance
of statements made in debate, particularly with regard to amendments and
subamendments. While I am speaking I would ask all the members to remain se=
ated
and pay attention. Speaker’s statement=
Speaker: This is a statement regarding the relevance of statements mad=
e in
debate, particularly with regard to amendments and subamendments. =
p>
Yesterday, during debate on Motion =
No. 175,
points of order were raised by members who believed that statements made by
other members during debate on the amendment and the subamendment would have
been more properly made once the House had returned to consider the main mo=
tion. Standing Order 35 says, “When=
taking
part in a debate on an amendment to a motion: “(a) the member moving an ame=
ndment
has the right to speak both to the main question and the amendment in one
speech; “(b) a member, other than the=
mover,
shall confine debate to the subject of the amendment.” The same rule applies to subamendme=
nts. The
point of Standing Order 35 is that each amendment and subamendment is, proc=
edurally,
a question unto itself and should be debated on its own merits. Members must keep in mind that they=
have
the right to address all motions, amendments and subamendments and should
ensure that their remarks occur at the proper point in the debate. This will
assist the House in arriving at a decision on the motion before it.<=
/p>
As the Chair said to members on Apr=
il 19 in
his statement on relevance, there are inherent limits on the Chair in deter=
mining
the relevance of members’ remarks in debate. Therefore, members
themselves share a measure of responsibility in ensuring that debate is
relevant and orderly. We will now proceed with Orders of =
the Day. ORDERS OF THE DAY GOVERNMENT BILLS Bill No. 41: Act to Amend the Land Title=
s Act
and the Condominium Act — Second Clerk: Second reading, Bill No. 41, standing in the name of the Hon.=
Mr.
Nixon. Hon.
Mr. Nixon: I move THAT Bill No. 41, entitled Act t=
o Amend
the Land Titles Act and the Condominium Act, be now read a second
time. Speaker: It has been moved by the Minister of Justice that Bill No. 41,
entitled Act to Amend the Land Titles Act and the Condominium Act=
, be
now read a second time. Hon.
Mr. Nixon: I am very pleased to be standing he=
re
today presenting amendments to the Land Titles Act and the Condom=
inium
Act to this Yukon Legislature. Our government has a strong commitment to
facilitating land development and fostering economic development, and bring=
ing
forward these amendments is but one step to remove barriers to development =
by
improving service in the land titles office. In considering changes to this legi=
slation we
have identified specific short-term changes that will expedite work process=
es,
and provide greater clarity with respect to information in the land titles
office. In addition, this package of amendments is consistent with the
objectives of practising good government, practising open, accountable,
fiscally responsible government, providing a better quality of life and
investing in infrastructure. The objective of these amendments t=
o the Land
Titles Act and the Condominium Act is to improve the operations.=
The
proposal is to improve the operations of the land titles office with change=
s to
the acts that can be done relatively quickly and easily. Some of the amendm=
ents
were generated internally in cooperation with the land titles registrar and
several amendments were identified that would improve the efficiency of the
land titles office and could be implemented relatively easily. Most will he=
lp reduce
the time needed to register documents in that office. In addition, officials
took suggestions from interested stakeholders who regularly use the land ti=
tles
office services, including lawyers, surveyors and architects. That group ma=
de
further suggestions that they felt would remove obstacles to land developme=
nt
and these led to a number of additional amendments. I would like to take a little time =
to
remind this House of the purpose and the function of the land titles office=
and
its role in land development in In a Our legislation requires a manual,
paper-based system for keeping track of registered parcels of land. When a
member of the public registers ownership of a parcel of land, the registrar
issues a certificate of title and the public is entitled to rely on that ce=
rtificate
of title as evidence of the correct state of that title. The fact that the interest is regis=
tered on
title means that any member of the public has the right to rely on that as a
valid interest. As the territory has grown, the vault and the number of
transactions processed by the land titles office has increased dramatically
over the years and continues to reach historically high levels. The value of real estate transactio=
ns in Let me deal with these seven techni=
cal,
straightforward amendments. The first addresses the filing of writs. This
amendment adds a definition of “sheriff” to the Land Titles =
Act,
which includes a deputy sheriff. This addition and a further change in word=
ing
clear up ambiguity regarding who may file writs in the land titles office. =
The second amendment addresses stan=
dard
form mortgages. Banks and other lenders now use standard form mortgages alm=
ost
exclusively. In such a mortgage, only the particulars vary, such as names,
property description, dollar amounts, the term of the mortgage and so on; o=
therwise,
the provisions of the mortgage contract are standard. This amendment would
allow the The third amendment addresses dupli=
cate
certificates of title. This amendment removes the current requirement that =
the
registrar must issue a duplicate certificate of title every time an original
certificate of title is granted. Rather, the registrar will be required to
issue a duplicate only when requested by the homeowner or when ordered by a
court. Deleting this requirement will save much of the registrar’s ti=
me
spent on a requirement that is no longer useful and help to speed up
registrations. The fourth amendment addresses the =
transfer
of easement to oneself. An easement is the right use of property of another,
such as a right-of-way over the land of another. In common law, the owners =
of
the two properties cannot be the same entity. This amendment will override =
the
common law as has been done in many other jurisdictions in The fifth amendment addresses the
registrar’s ability to correct errors. Currently, the land titles
registrar cannot correct clerical errors or other obvious mistakes except by
obtaining a court order. This amendment will allow the registrar to correct
clerical errors and other obvious mistakes in land titles documents without
affecting existing rights. This will improve the accuracy of documents in t=
he
land titles office and avoid delays due to clerical errors. The sixth amendment addresses hours=
of
operations. This amendment changes the hours of public access at the land
titles office to match those at the court office, which are The seventh amendment is the Con=
dominium
Act. This amendment clarifies the content of architects’ certific=
ates
under the Condominium Act so that architects are no longer required =
to
certify structural plans for the building. The amendment wording ensures th=
at
the structure, as it is built, is substantially the same as what appears on=
the
plan filed for the condominium and reflects similar provisions in other
jurisdictions. Mr. Speaker, I want to describe for=
this
House a further initiative to move forward with our intention to improve and
modernize the land titles system in I was very pleased to be able to re=
tain the
services of Lora Bansley, a lawyer called to the bar in Some of the significant recommendat=
ions
address replacing the current computer platform, known as LIMS, which stands
for “land information management system”; increasing fees to be=
tter
service; the need for written guidelines to assist users of the land titles
office; and introducing a lawyer position, a surveyor position, and a custo=
mer
advocate to the land titles staffing model. Our officials have begun a full
analysis of these recommendations. The inspector’s report will provid=
e a
foundation, upon which subsequent consultation, expert advice, and further
analysis will take place to move forward the modernization of our land titl=
es
system. I’m confident that these amen=
dments
that are before you will have the effect of enhancing the operations of the
land titles office, removing barriers to development and ensuring that the
information on title and the titles themselves are accurate. Further to tha=
t, I
want to commend the staff at the land titles office and, as I stated in my
media release this morning, the staff members of the land titles office are
really trying to build a house with a screwdriver. We want to put the tools=
in
their hands to properly operate that office and move forward with moderniza=
tion. Ms.
Moorcroft: Mr. Speaker, fi=
rst of
all, I would like to say that the Official Opposition is generally in suppo=
rt
of the amendments that have been brought forward to the Land Titles Act and =
Condominium Act. I appreciate the minister’s statements explaining the seven
amendments that are technical in nature and, as he said, relatively
straightforward. It would have been more straightforward if the opposition =
had
a briefing to understand these prior to just hearing on the floor of the As=
sembly
the minister walk through these amendments. I thank
the minister for tabling the inspector’s report for the Government of
Yukon which was prepared by Lora Bansley from This looks like a very good indepen=
dent
review of the land titles office and its current business procedures. I am
pleased to hear that the minister has said that they will be working to fur=
ther
address the matters that were raised in this report. I note that the report was prepared=
on The report notes that it addresses =
issues
that have been identified about the land titles business procedures. It mak=
es
recommendations for immediate improvements and amendments to legislation an=
d/or
upgrading of support systems. Some of these have been addressed in these
amendments and several have not. The staff members of the land title=
s office,
themselves, have made a number of recommendations, as well as a number of
stakeholders the inspector spoke to as she was conducting her research and
completing her report. This review does identify several factors that have
negatively affected the As the minister stated, land titles=
volumes
have been increasing, particularly in the last three years. The numbers of
condominium titles, survey plans and certificates of search that have been
processed have been increasing. At the same time, the land titles office has
had no increase in staffing to handle the higher volumes of work. The inspe=
ctor
noted that the Land Titles Act is one of the oldest pieces of
legislation in the Although the legislation has been o=
utdated
for a long time, it has not appeared to cause any problems until recently,
largely due to the increased volumes and where the focus has become minimiz=
ing
the delays. However, there is no denying that the legislation should be
updated, and the Condominium Act is also not reflective of current
practices and the needs for condominium development, which leads to uncerta=
inty
and complexity for customers and land titles office staff. The land information management sys=
tem that
the minister referred to does need some attention. There is concern that the
system should be upgraded, and that presently there is an unnecessary dupli=
cation
of work because of this outdated system. Several government departments use=
or
have access to the land information management system, which includes the D=
epartment
of Energy, Mines and Resources; Community Services; Yukon Housing Corporati=
on;
Indian and Northern Affairs Canada, lands disposition; the City of Whitehor=
se;
the Canada Centre for
Cadastral Management; and the mining records offi=
ce. The inspector identified stakeholder
issues, and we in the Official Opposition have also been speaking to some of
these stakeholders and have heard some of the concerns they have raised. Th=
is
starts out with the legal community noting that there are delays in the fin=
al
registration and the issuance of the certificate of title by the registrar.
That can vary from three weeks to 10 weeks. The other issue the delay cause=
s is
that lawyers are then delayed in reporting to financial institutions, and t=
his
delay can affect developers’ ability to sell condominium units. Money cannot be transferred without=
a
registration number, so vendors, buyers, financial institutions and lawyers=
are
inconvenienced when there is a delay assigning a registration number, and c=
osts
can be incurred by this, as well. There are inconsistencies in processing a=
nd
rejections. One lawyer commented that it’s hard to play by the rules =
when
you don’t know them or they are constantly changing. The inspector
suggests that the Law Society or the Canadian Bar Association should consid=
er
appointing a person to gather and document issues that lawyers are experien=
cing
in this regard. The minister spoke about working with stakeholder groups and
lawyers should certainly be included in this. The land titles office also needs t=
o have
adequate legal support. The Department of Justice needs to be able to supply
experienced lawyers who are knowledgeable in land titles law. There is a la=
ck
of a policy and procedures manual or other written guidelines and an abilit=
y to
search titles on-line. That briefly summarizes some of the concerns raised =
by
the legal community. There were nine items in that section of the report.=
span> The inspector also spoke to surveyo=
rs and
found that there is a need for the Surveyor General’s Office and the =
land
titles office to cooperate and collaborate. There are also inconsistencies =
in
processing and that could be improved and, again, the surveyors mentioned t=
he
need for comprehensive legal support for the land titles office. The minister spoke to easement issu=
es and
in Committee of the Whole I will be asking the minister to indicate whether=
all
the easement issues identified have been addressed in these amendments that=
are
before the House today. Deferred monument postings are not
currently permitted in the A surveyor also raised concerns abo=
ut water
exclusion from Crown grants. The inspector also spoke with the Surveyor Gen=
eral
branch for Natural Resources Canada and again found that there was a need f=
or
the land titles office and the Surveyor General to be working as partners in
property rights in the Again, the Surveyor General branch =
raised
the concern about the lack of legal support provided to the land titles off=
ice
and concerns with surveyed easements that are not registered as encumbrance=
s on
title. This situation does occur in other jurisdictions and the inspector
presented two possible methods of dealing with this issue, one of them bein=
g to
change the legislation. There’s also concern identifi=
ed
regarding the The Chamber of Commerce asked the
government to provide improvements in the land titles office. Many members =
of
the chamber sought the assistance of the Chamber of Commerce to provide the
land titles stakeholders with a forum to speak in a unified voice. They also
identified many of the issues that I have previously spoken about and raised
the concern about needing additional space for document storage and the nee=
d to
develop a mechanism to scan documents and make them electronically accessib=
le
on-line, rather than using microfiche for document backup, which is an outd=
ated
means of backing up records. The land titles office felt caught =
between
requests of stakeholders, the requirements of the act, and the pressure to
speed up registration. The land titles office staff themselves identified t=
he
need to have documents digitized and on-line search capabilities that would
make the office more efficient. It would bring them in line with other juri=
sdictions
and it would increase customer satisfaction. Staff do their best and there are a=
number
of other concerns and requests that they have identified. Stakeholders do f=
eel
optimistic that, as a result of the dialogue that has been initiated through
the exercise of the inspector completing her report, future improvements wi=
ll
also be made, and to quote from page 19 of the inspector of titles report:
“It is important that the government and Department of Justice contin=
ue
to engage stakeholders in meaningful dialogue to ensure a balanced perspect=
ive
on issues and proposed solutions.” There is a need, as the inspector s=
tated,
for a commitment from senior management for a customer service culture to
develop. The government needs to invest in new technology to make the land
titles office more efficient. Resources need to be added to the office until
such time as a new system and processes are implemented and efficiencies are
realized. The government may also need to hire more staff to alleviate some=
of
the immediate volume pressures and delays. The inspector’s report has ni=
ne pages
of recommendations. She begins with eight process recommendations. Some of
those directly address the issues that I have just spoken about. One of the=
m is
that the certificate of charge requirement should be removed from the
legislation. This is an extra document that the staff prepares and it is
unnecessary. I believe that the minister, when he spoke, clarified that this
duplicate certificate of title is one of the seven technical and
straightforward amendments that have been brought forward today. There are also a number of staffing
recommendations. The There is also a recommendation that=
the Another staffing recommendation was=
that
the There is a recommendation, as well,=
that a
surveyor be hired to — and this person could support many government
departments, such as land titles, the Lands branch and highways. I would li=
ke
the minister to indicate whether recent federal cuts might affect the issue=
of
hiring a surveyor, and I would like to know whether the government is, in f=
act,
considering hiring a surveyor to assist several departments. Under the technology recommendation=
s, the
minister spoke about the need to replace the LIMS system, which is outdated
technology. The recommendation that on-line searching be available is one t=
hat
the land titles office itself and all of the stakeholder groups indicated i=
s a need
now. The inspector also indicated that t=
he The inspection report also speaks to
customer engagement and improvements suggesting a first step might be to gr=
oup
the registries customers by industry and forming subsets of customer teams =
to
represent each industry. It’s not clear whether land titles office
customers are aware that there is a protocol for information bulletins and =
that
they can review and comment on interpretive bulletins. The inspector recomm=
ends
that the turnaround time for a stakeholder’s comment be increased to =
at
least 14 days. The current protocol is seven days, which is quite limited, =
and
the registrar has 14 days to publish. A consistent time frame for both wo=
uld be
courteous. Under miscellaneous recommendations=
, the
report identifies that the Finally, recommendation 20 on trans=
parency
in Cabinet approval process states, “Although this issue is outside of
the scope of this report, it merits mentioning. The confidentiality of the
legislative process is causing customers to feel that the Department of Jus=
tice
is being unresponsive to their issues because there is no awareness of the =
work
being conducted to address them. There must be a balance between Cabinet
confidentiality regarding legislative changes being considered and customer
awareness of the work to address their concerns. The models used in other
jurisdictions should be explored to see if a better balance can be achieved=
.” The amendments before us are fairly
straightforward and technical in nature. There are a limited number of
amendments. I look forward to seeing the report of the inspector having been
fully considered by government and further legislative and program amendmen=
ts
and revisions being done. It’s good to see that the first steps have =
been
taken. Hon.
Mr. Kent: I’ll be very brief at second
reading and really offer comments more along the line of what I heard prior=
to
the election and shortly after the election with respect to the issues that
surround this. I would like to take this opportuni=
ty to
thank the minister, thank his deputy minister, and all the officials in the
Department of Justice for their hard work on moving this forward. It certai=
nly
is an issue, as I said, that was identified to me by a local lawyer prior to
the election and since the election — speaking to a number of individ=
uals
in the private sector, from the real estate industry and from the banking
industry — the need to improve this system and to effectively moderni=
ze
the system. I would like to thank the Minister =
of
Justice for bringing forward these amendments that are before the House tod=
ay,
and for initiating this review and the report that was tabled here today. I
look forward, as well, to going through that in greater detail over the com=
ing
days and to moving forward to fully modernize the land titles system in the
Yukon. I think that it will be something whose time has come, most definite=
ly.
I again look forward on behalf of those constituents and those individuals =
that
I spoke to before, during and after the campaign to moving forward and real=
ly
seeing this legislation and this system modernized in the Ms.
Hanson:&=
#8195; I wish to thank=
the
Member for Copperbelt South for so ably summarizing the issues and the back=
ground
that was provided to this Legislative Assembly at 1:50 p.m. — the
inspector’s report for the Government of Yukon on the Land Titles =
Act
and the issues. I think that it was very helpful in
providing the background that all of us in this Legislative Assembly who we=
re
not provided the opportunity to have any background briefing by the ministe=
r on
this issue feel more comfortable with respect to both the need for and the
substance of the amendments being proposed. That being said, I will have a =
few
more questions for the minister when we get to Committee of the Whole. But I
just wanted to say that the Official Opposition will be supporting these am=
endments.
Thank you. Hon.
Ms. Taylor: Mr. Speaker, I want to first congra=
tulate
the Minister of Justice for bringing forward this very important legislatio=
n.
As my colleague from Yukon Housing Corporation has already alluded to, this=
is
something that was raised by a number of stakeholders over the past while a=
nd
it’s something, I am sure, that each of us as members running in the =
last
election heard on the doorsteps. This really is a very important ste=
p toward
improving So one only has to take a look to t=
he
Government of Yukon’s budget and our commitment to this process, but =
also
continuing to make land available, and this is all part and parcel of
delivering on that very promise to all Thank you again, Mr. Speaker, and t=
hank you
to the members opposite for their positive, constructive comments thus far.=
Speaker: Are you prepared for the question? Some
Hon. Member: (Inaudible) Hon.
Mr. Cathers: I was expecting that a member for t=
he
Third Party would rise, but I am gathering that the floor, I believe, is mi=
ne
at this point. In speaking to this legislation, I =
would
like to begin by thanking the Minister of Justice for bringing it forward a=
nd
thanking officials who worked on this legislation for their efforts in brin=
ging
forward, both the current amendment to the Land Titles Act and the <=
i>Condominium
Act and the work that is being done on other areas related to land titl=
es,
including the review that the minister just recently announced, the results=
of
him having appointed a land titles inspector to provide some advice on how =
to
improve Yukon’s land titles system. What I would like to point out in d=
rawing
context around this is that housing, access to land and land availability w=
ere
issues that came up in the election campaign, in which we outlined signific=
ant
commitments related to those matters in our election platform, “Moving
Forward Together”. We made a commitment in our platfor=
m to
modernize the legislation related to the land titles process, to utilize
technology, and to improve the timeliness of transferring land titles. That=
, of
course, is part of what has been outlined here today. As the minister spoke
about, this is one of the first steps in modernizing land titles, and there
will be subsequent steps, including the pending likelihood of future
legislative amendments related to this office and the process by which titl=
e is
registered. Through this attempt to modernize t=
he land
titles office and the systems that relate to it, one thing I want to point =
out
is that there are three keys elements that affect this area and that all ne=
ed
to be addressed to enable the office to be operating as effectively as it c=
an
be, in both efficiently and effectively registering land titles and being an
office that is effective in integrating, in as seamless a manner as possibl=
e,
the various customers, stakeholders, and entities that rely on its services=
. There are three elements necessary =
to
address legislative elements, including amendments to the act; they include
systems as the second area — that being the need for effective and
appropriate infrastructure and systems around it, which includes the comput=
er
system. One of the things I’m sure members have noted within the repo=
rt
of the inspector on land titles is the fact that it speaks to the need to
invest in new technology to make the land titles office more efficient. Aga=
in,
as I mentioned, our platform, “Moving Forward Together”,
specifically referenced the need to update technology and specifically
committed to improving the technology related to land titles. Again, just to clarify, the specific
commitment was to modernize the legislation related to the land titles proc=
ess
to utilize technology and improve the timeliness of transferring land title=
s.
That is something where — again, as a number of people on both sides =
of
the House have noted — there has been a significant increase in volume
related to the transfers of land titles and a significant increase in demand
upon this office. The fact that some of the technolog=
y and
the systems that they are using are really not up to anywhere close to
today’s current standards for computer systems, including the fact th=
at
the land titles office has much of its paperwork and files in paper form, a=
nd
document backup is done by microfiche, which is a very significantly outdat=
ed
means of backing up records. I don’t need to spend too muc=
h time
pointing out, as most members and those listening on the radio or reading t=
his
in Hansard will recognize the fact that there have been very signifi=
cant
leaps in computer technology, in software and in systems. Microfiche is a v=
ery
antiquated way of backing up records. The steps that have been taken, not o=
nly
with scanners, but relatively cheap and affordable scanning technology in
recent years, is certainly something that illustrates the need to move past=
a
much outdated system of records backup. Software — another factor wit=
h that
is both the ease of use, the reduction of the use of paper, the ease of abi=
lity
of staff to access files and the ease and ability of others who access the
system to be able to do so. Outlined in the inspector’s report that t=
he
Minister of Justice tabled in this House is the fact that staff at land tit=
les
themselves identified the importance to allow documents to be digitized and
have on-line search capabilities, which is not currently something that they
have. This would make the office more efficient and bring them in line with
other jurisdictions and increase customer satisfaction. Another need that was identified by=
staff
was for the system to be revamped or a new system that permits on-line subm=
ission
of transactions which are validated prior to submission or allows transacti=
ons
to be automatically registered. That is something, in fact, that a number of
other jurisdictions have taken steps that, through software, doesn’t
require staff to spend time performing certain functions. The software itse=
lf
performs certain functions and updates the system in the registry.=
p>
There is also the fact that we have
legislation that in this case is around 100 years old that relates to land
titles. The very systems and technology that in a modern world makes sense =
of
keeping track of these systems certainly, with the legislation 100 years ag=
o,
did not contemplate computer technology or the ability for software to do s=
ome
of these functions. There are a number of elements as t=
he
Minister of Justice referred to in his earlier comments. There are a number=
of
other areas that are specifically noted in legislation that reflect a reali=
ty
of 100 years ago in terms of land titles and do not adequately reflect and
allow for improvements that could occur today. The volume of land titles
transaction 100 years ago compared to the volume today are worlds apart. The use of it for registering title=
and
title changes, registering notations on a title — whether it be
easements, caveats or other matters relevant to the title — currently
requires staff time to locate and then review the paper records and review
notations related to it. It requires also manual data entry by staff on tho=
se
original paper certificates of title under the current system. Staff also
outlined in their submission to the inspector of land titles the fact that
there are steps in the process that are currently redundant, including the
requirement to initial every interest that is registered on a title documen=
t.
Another redundant step is the requirement for signatures at stages related =
to
that. There are a number of ways through =
modern
technology and software to provide security — an appropriate and
effective security — around the system for the registry of land titles
without requiring manual signatures and manual data entry by hand, with sta=
ff
making those notations. Another matter that was outlined by=
staff
and identified is that when they are doing billing, customer billing is
currently a manual process, and a software package in fact could make much =
of
it a lot more automated and reduce the amount of time that they spend deali=
ng
with those matters. Among issues that have been outline=
d in the
report is that there is a need for investments that we have committed to in
modernizing the land titles regime. There is a need to ensure that the poli=
cies
around it — including legislation — and the processes around it=
are
reflective of the current needs of the various customers, stakeholders and
government entities that need to access that system. There is a need to ens=
ure
that the resources keep pace with current volumes, so the other area I spok=
e to
that needs to be addressed, in addition to the legislation and the system, =
is
appropriate staffing so that there is sufficient staff to handle the volume
that occurs. There are increased volumes and inc=
reased property
values that have occurred, especially in the last seven years and one of the
issues that has been identified is the fact that each document registered g=
oes
through five separate steps and is handled by up to five different people.<=
o:p> Through some degree of automation a=
nd
appropriate and effective modern software and systems, much of that could b=
e reduced
and the transactions could be done in a more timely manner. What I would note is that this land=
titles
piece is an important part of the commitments that we outlined in our 2011 =
election
platform, “Moving Forward Together”. There are a number of
components to our efforts around land availability and housing. This part is
one that is largely the responsibility of our Minister of Justice, and I
commend him for the steps that have been taken in the few short months since
the election to move forward, both with the first piece of legislation rela=
ted
to modernizing the land titles system and the steps that have been taken to=
move
quickly in identifying the needs around land titles and what we can do to m=
ake
the system more effective, efficient and timely in the service it provides =
to
the Yukoners who depend on it and other areas that speak to the overall hou=
sing
area. A number of ministers are involved.=
My colleague,
the minister responsible for Yukon Housing, has taken a number of steps rel=
ated
to his portfolio, Yukon Housing, and the social and staff housing they prov=
ide
is an important area of the government’s steps to address housing and
land availability. My colleague, the Minister of Commu=
nity
Services, has a significant amount of money outlined in this current budget=
for
investment in the development of new lots — roughly $35 million. Steps
that have been taken by Energy, Mines and Resources, which I thank staff of=
my
department for. We are moving forward with the expressions of interest, and
subsequently the tendering process related to Two days after the election we laun=
ched the
process to seek expressions of interest from the private sector about poten=
tial
models for effectively developing that site to create affordable rental
housing. We’re currently in the final stages of the tender process th=
at
led to and look forward to that concluding and to seeing what emerges from
that. As a number of my colleagues and I have spoken to, we will be taking a
number of steps such as this to modernize our systems and to try to come up
with innovative solutions to improving the availability of land, which is
really fundamentally where the issue of both housing prices and access to h=
ousing
depend on — affordable lots. We believe that an adequate supply of lo=
ts
is important and the first step really in providing for and meeting the nee=
ds
of We will be taking a number of steps=
to
address this and to try some things, including our Some
Hon. Member: (Inaudible) Point of order Speaker: Member for Copperbelt South, on a point of order. Ms.
Moorcroft: On a point of o=
rder, in
section 57(2) of the Standing Orders of the Yukon Legislative Assembly, und=
er
the “Stages of Bills: Second Reading”, it says, “The deba=
te
on a motion for Second Reading shall be limited to the object, expediency,
principles and merits of the bill, or to alternative methods of obtaining i=
ts
purpose.” Mr. Speaker, I fail to see how the
amendments to the Land Titles Act and Condominium Act before =
us
for debate has within it the development of land and the issue of a private=
sector
tender to develop a lot, so I would request you to rule. Thank you, Mr.
Speaker. Speaker: Member for Hon.
Mr. Cathers: On the point of order, Mr. Speaker,=
I am
speaking to the role that this specific piece of legislation plays in the
government’s overall strategy related to land. I understand the member
fails to see that, but I don’t believe there is a point of order. Speaker’s ruling =
p>
Speaker: As the Chair has said a number of times, there is an inherent=
limit
on the Chair’s ability to determine the relevance of the members̵=
7;
remarks in debate. There is no point of order. Hon.
Mr. Cathers: Thank you, Mr. Speaker. Again, what=
I
want to emphasize to all members is the fact that this current piece of
legislation is part of an overall strategy and approach. It is one key
component of what this government is doing to address land availability and
housing and all of these components: the land titles part; the land develop=
ment
part; the modernization of legislation related to land titles; the steps th=
at
are being taken by my Department of Energy, Mines and Resources in taking
innovative, new approaches to making land available. In fact, as I pointed =
out,
Lot 262 itself was an approach whereby government is raising title on a pie=
ce
of property and then putting that out to the private sector for bids with s=
pecific
requirements about the type of housing that needs to be developed. So that
project, too, requires an effective functioning land titles office and syst=
em. The land titles portion that my col=
league,
the Minister of Justice, is responsible for taking the lead in addressing is
absolutely necessary for all other matters pertaining to land and land deve=
lopment.
Without the operations of the land titles office, we would not know who own=
ed
what, and the whole ability of Yukon citizens to sell property, the ability=
of
people to buy property, the ability of government to develop property, to s=
ell
lots — whether 262 or others — would simply not work without the
functions that are performed by the land titles office. In wrapping up my comments, I would=
note
that there are steps that need to be taken legislatively, which the first s=
tep
is taken today; the investment in new technology to make the land titles of=
fice
more efficient is necessary because the current technology is outdated and =
as a
result the processes are cumbersome, time consuming, inefficient and costly.
New technology and processes will in some cases need to be supported by new
legislation. A major overhaul of legislation to support a land registry will
take some time, but in the short and medium term there are some initial ste=
ps
being taken. I believe that this piece of legislation is a good step forwar=
d.
With that I will conclude my remarks. Of course, I will be supporting this =
bill
and thank the minister again for bringing it forward. Mr.
Silver:&=
#8195; As the Hon. Mem=
ber for
Lake Laberge seemed disappointed that I was not going to speak, I should ma=
ke a
statement as to not disappoint the Minister of Energy, Mines and Resources =
or,
for that matter, the minister presenting this bill. I am glad to see that my
modus operandi around here is garnering a few fans for my fan club. =
Seeing as my access to information =
status
has remained unchanged since the first reading of Bill No. 41, our caucus h=
as
nothing new to say. I hope that there is sufficient legislation to satisfy =
the
complex and varied complaints that I received from members of the mining
community in As I have just received this
inspector’s report, prepared by Lora Bansley, and I am just only half=
way
through it currently, we have no further questions. I would have loved to h=
ave
had some time to speak with my constituency before the questions going fort=
h in
the Committee of the Whole, but I guess that is just not the way that things
are done around here, which may be another reason for the urgency for a SCR=
EP
meeting in the near future. I will say that we do still support=
Bill
No. 41 going forward, and we do look forward to further debate. Speaker: If the member now speaks, he will close debate. Does any other
member wish to be heard? Hon.
Mr. Nixon: I will just make a few bri=
ef
comments here, just before going into Committee of the Whole. I will try to
answer a few of the questions that have come up. First, I would like to tha=
nk
the Member for Riverdale North, the Minister of Education, for his comments=
. I
would also like to thank the Member for Whitehorse West, the Minister of Co=
mmunity
Services, for her comments, and the Member for Lake Laberge, the Minister of
Energy, Mines and Resources, for his comments. I would also like to express=
my
gratitude to the members opposite for making their comments and having some
questions on this very important matter. I might add at this time that I als=
o look
forward to working with the Member for Kluane, the Minister of Highways and
Public Works, on the IT part of this legislation, as we move forward in
modernizing this legislation. The member opposite asked about the=
lawyer
and surveyor within the land titles office, as recommended by the inspector.
Those things will come out in due time. But I will make reference to the fi=
rst
phase in my closing remarks on this part of the speech. Right now, what
we’re putting forward are the quick fixes to get the department a lit=
tle
bit more efficient and, at the same time, we can work on starting to meet w=
ith
stakeholders to find out, and to really set the stage on, how this
modernization goes forward. As I mentioned earlier, I was able =
to
retain the inspector for the land titles office, Lora Bansley, who is a law=
yer
with the Saskatchewan Crown corporation responsible for land titles. When
concerns were coming forward from stakeholders and during the election just
last year, and after I was appointed Minister of Justice, it was important =
to
me that we were able to acquire the services of a third party — someb=
ody
who didn’t have a tie to the Yukon. That is just a little bit of
background on how we acquired the services of Ms. Bansley. As I mentioned before, This project will see a full-scale =
review
and assessment of our legislation. It will also see a full-scale review of =
the
supporting computer system and the land titles office business processes. O=
ur
supporting computer platform, LIMS, was developed in 1992. It was implement=
ed
in 1998. As I said before, this was before Internet began to make such a
significant impact on the way we do business and the way we live our lives.=
Given our growing population and our
growing economy in Our Yukon Party government is stron=
gly
committed to facilitating land development and fostering economic developme=
nt
by removing barriers and improving services within the land titles office.
Through this modernization process, we are committed to ensuring that the l=
evel
of service at the land titles office meets the high standards necessary to
support this thriving economy. We understand that in order to brin=
g about
this transformational change, we have to work very closely with our stakeho=
lders,
and that is exactly what we intend to do. The first phase of the modernizat=
ion
project or the scoping phase will start in the weeks to come. It will inclu=
de
the creation of a stakeholder advisory committee, the preparation of a
discussion paper on land titles modernization to help focus discussion and a
fairly intense stakeholder consultation. The outcomes of the scoping phase w=
ill be
reflected in recommendations, which will come to our government as to what =
the
legislation should do; what the legislation should say; where the relative
responsibilities should lie; and what services the supporting computer plat=
form
should offer stakeholders and the public. The scoping phase will create the
foundation for the transformation in land titles, with which everyone on th=
is
floor appears to be in agreement. Speaker: Are you prepared for the question? Some
Hon. Members: Division.<=
/p>
Division Speaker:
Division has been called. Bells Speaker: Mr. Clerk, please poll the House. Hon.
Mr. Pasloski: Agree. Hon.
Mr. Cathers: Agree. Hon.
Ms. Taylor: Agree. Hon.
Mr. Graham: Agree. Hon.
Mr. Hon.
Mr. Nixon: Agree. Ms.
McLeod: Agree. Hon.
Mr. Istchenko: Agree. Hon.
Mr. Dixon: Agree. Mr.
Hassard: Agree. Ms.
Hanson:&=
#8195; Agree.=
p>
Mr.
Tredger:=
Agree.=
p>
Ms.
Moorcroft: Agree.=
p>
Ms.
White:=
8195; Agree.=
p>
Ms.
Stick:=
8195; Agree.=
p>
Mr.
Barr:=
195; Agree.=
p>
Mr.
Silver:&=
#8195; Agree.=
p>
Clerk: The results are 17 yea, nil nay. Speaker: The yeas have it, I declare the motion carried. Motion for second reading of Bil=
l No. 41
agreed to Bill No. 39: Business Law Ame=
ndment
Act — Third Reading Clerk: Third reading, Bill No. 39, standing in the name of the Hon. =
Ms.
Taylor. Hon.
Ms. Taylor: I move that Bill No. 39, entitled <=
i>Business
Law Amendment Act, be now read a third time and do pass. Speaker: It has been moved by the Minister of Community Services that B=
ill
No. 39, entitled Business Law Amendment Act, be now read a third time
and do pass. Hon.
Ms. Taylor: As I made reference to in my remarks
during Committee of the Whole and likewise in second reading, Government of
Yukon is very much committed to promoting Since that time, a great deal of wo=
rk has
taken place and continues to take place to develop regulations necessary to
implement those bills. As I highlighted during Committee o=
f the
Whole, this particular bill fine tunes some of the legislation contained in=
the
business law reform project acts that were passed two short years ago. Bill=
No.
39, Business Law Amendment Act, has two main components. First, it
ensures that security documentation between lenders and borrowers will be
appropriately grandfathered when all the bills comprised in the business
legislation reform project are proclaimed. Second, the act attends to various
legislative housekeeping matters such as correction of cross-references to
statute section numbers and so forth. The bill represents the final statuto=
ry
stage of the business law reform project. Our staff members, as I mentioned,
are currently working on a very large regulation package for all their
respective project bills that came to the floor back in 2010. We certainly =
look
forward to the proclamation when that last step is complete, likely later t=
his
year, as I referenced during Committee of the Whole. Mr. Speaker, I would just like to a=
gain
thank the many officials within the Department of Community Services who ha=
ve
helped to bring this project to fruition. As one can appreciate, this reform
project has a very complex and technically related nature to it. I look for=
ward
to receiving the final comments from members opposite and again thank membe=
rs
for their support. Mr.
Barr:=
195; The NDP Official
Opposition will support this bill, which basically corrects some typos and
translation errors and makes minor changes to the Securities Transfer Ac=
t,
Personal Property Security Act and the Business Corporations Act<=
/i>.
I appreciate the minister’s explanation in the second reading speech
— that these changes are a part of a suite of changes that came forwa=
rd
from consultation with the business community. There are two points I would like t=
o get on
record. We respect the importance of ensuring a clear legal basis for busin=
ess
conducted in the The second point I raise in the sec=
ond
reading of this bill speaks to the bad behaviour of the corporate sector
— particularly the finance sector — we witnessed in the lead-up=
to
the global economic recession — not that Yukon was really touched by
this, but we are part of Canada, a G8 country, and our country has been
impacted by corporate bad behaviour and successive governments that have led
the push to deregulate. So we will support these amendments=
, but
there is a larger discussion going on in the world, and that is about corpo=
rate
responsibility — responsibility to citizens and communities — a=
nd
we think that every Legislature needs to be involved in this discussion. Th=
ank
you, Mr. Speaker. Speaker: Does any other member wish to speak? If the member now speaks=
, she
will close debate. Hon.
Ms. Taylor: With respect to the member
opposite’s statement, I just want to say that when it comes to this g=
overnment’s
continued interest — and that is to continue to deliver on programs a=
nd
services that are of great interest and great value to all Yukon citizens
— I think one only has to take a look at the budget that we are curre=
ntly
debating, of which I would be surprised if we actually got through 20 perce=
nt
of the budget thus far. But chalked within that budget R=
12; the
lion’s share of that budget — is an investment in people —=
; This particular piece of legislatio=
n has
been long-standing and it certainly has required a great deal of commitment=
on
behalf of the corporate community and the legal community. We certainly tha=
nk
them for their work over the years in bringing the bills to fruition and ce=
rtainly
their work in developing the regulations that are associated with this
particular bill. So, just to put on the public recor=
d, the
Government of Yukon — the Yukon Party government — continues to
make investments, not only on the economic side of the ledger, but also the
social side of the ledger for the quality of life that we Yukoners have gro=
wn
to know and appreciate. Again, the budget certainly builds on those investm=
ents
to continue to leverage that quality of life. So, Mr. Speaker, the member also ma=
de
reference to protection of consumers and protection of shareholders when it
comes to this particular reform package. I believe that I tried to articula=
te
some of those protections that we have in place, as reflected within the re=
form
package. When we talk about the project, I just want to reference that the
reform project consisted of five bills: Act to Amend the Business
Corporations Act; Act to Amend the Partnership and Business Names Act; Act =
to
Amend the Societies Act; Act to Amend the Cooperative Associations Act;=
and
the new harmonized Securities Transfer Act. As I mentioned, the development of =
those
acts was done with considerable input from the community and we thank them =
for
that. In response to the member opposite’s questions in terms of
protections, and as I mentioned in this respect — protection of share=
holders
— it is certainly put together and crafted with the desire to protect=
the
interest of shareholders. In fact, it includes a number of changes that will
benefit the shareholders, whether it’s providing that added clarity,
added understanding of various options and remedies available to the
shareholders who may disagree with the actions contemplated or taken by
corporations, or providing greater flexibility for customizing structures,
management of corporations that do not issue shares or securities to the
public. I mentioned that — earlier du=
ring
Committee of the Whole, I believe it was — when it comes to The corporations and the territory =
that do
issue shares, securities to the public, certainly will continue to be requi=
red
to comply with the Yukon Securities Act and the securities laws of a=
ny
other jurisdiction in which they issue securities to the public. As I menti=
oned
earlier as well, corporations that are listed on the stock exchange will st=
ill
have to comply with the laws of those respective stock exchanges as well.=
span> Hopefully, a couple of those commen=
ts will
provide the members opposite with some thought and certainly provide some r=
eflection
on how they may view this legislation coming forward. In closing, I want to thank all mem=
bers for
their support in moving this legislation before, and we look forward to
continuing with further debate on other legislation. That includes this fis=
cal
year’s budget, which includes many valued expenditures in support of =
Speaker: Are you prepared for the question? Some
Hon. Members: Division. =
Division Speaker: Division has been called. Bells Speaker: Mr. Clerk, please poll the House. Hon.
Mr. Pasloski: Agree. Hon.
Mr. Cathers: Agree. Hon.
Ms. Taylor: Agree. Hon.
Mr. Graham: Agree. Hon.
Mr. Hon.
Mr. Nixon: Agree. Ms.
McLeod: Agree. Hon.
Mr. Istchenko: Agree. Hon.
Mr. Dixon: Agree. Mr.
Hassard: Agree. Ms.
Hanson:&=
#8195; Agree.=
p>
Mr.
Tredger:=
Agree.=
p>
Ms.
Moorcroft: Agree.=
p>
Ms.
White:=
8195; Agree.=
p>
Ms.
Stick:=
8195; Agree.=
p>
Mr.
Barr:=
195; Agree.=
p>
Mr.
Silver:&=
#8195; Agree.=
p>
Clerk: Mr. Speaker, the results are 17 yea, nil nay. Speaker: The ayes have it. I declare the motion carried and that Bill =
No. 39
has passed this House. Motion for third reading of Bill=
No. 39
agreed to Bill No. 38: Act to Amend the=
Child
Care Act — Third Reading Clerk: Third reading, Bill No. 38, standing in the name of the Hon. =
Mr.
Graham. Hon.
Mr. Graham: I move that Bill No. 38, entitled <=
i>Act
to Amend the Child Care Act, be now read a third time and do pass. Speaker: It has been moved by the Minister of Health and Social Servic=
es
that Bill No. 38, entitled Act to Amend the Child Care Act, be now r=
ead
a third time and do pass. Hon.
Mr. Graham: As I stated some time ago, the need=
for
this amendment to the Child Care Act came about some time ago as a
result of a legal opinion from Justice that the current Child Care Act=
i>
required a licence for a broad range of children’s programs where the
child care provided by the program was not the focus of the program. It was
never the intention of the Child Care Act to require that these
short-term programs be licensed. We recognize that their primary role is not
childcare and also that it was really not our role to regulate these progra=
ms.
We also recognize that considerable costs would be associated with setting =
up a
regulatory regime to cover these programs, not only for the government but =
for
the programs themselves. There would be quite a cost to the operators of th=
ese
programs, especially for such a short time in which they will be operating.=
Day camps and day programs in It’s also, we believe, the
parent’s right and it’s also the parent’s responsibility =
to
make choices about their children’s well-being. Since 1990, when the =
Child
Care Act was passed, it has been the family’s responsibility to
assess the value and safety of these day programs that we feel are separate
— should be separate — from childcare. We don’t want to r=
emove
that responsibility from parents and we are prepared to assist them by
providing some tools to help in making those decisions. As I outlined to members of this
Legislature some time ago, there are two things that we will be doing in the
very near future. One is providing a comprehensive checklist for parents
— a guideline for parents that will assist them in evaluating the var=
ious
options available to them. So we did make a commitment that a So I think that’s all I have =
to say
about this change in legislation. I’ll be listening carefully to any
comments from the opposition at this point. Thank you. Ms.
Stick:=
8195; I’d like =
to thank
the member opposite for bringing forward this amendment to Bill No. 38, =
Act
to Amend the Child Care Act. I think most of our questions and concerns
were addressed when we had debate during second reading, and the NDP will be
supporting this act — the amendment to this act going forward.=
Speaker: Does any other member wish to speak? As a matter of formality=
, if
the member now speaks, he will close debate. Does any other member wish to =
be
heard? Hon.
Mr. Graham: I appreciate your comments and as I=
said,
we’ve made the commitment that we will produce these guides to assist
parents in selecting appropriate camps or day programs for their children. I
appreciate the support. Speaker: Are you prepared for the question? Some
Hon. Members: Division.<=
/p>
Division Speaker: Division has been called. Bells Speaker: Mr. Clerk, please poll the House. Hon.
Mr. Pasloski: Agree. Hon.
Mr. Cathers: Agree. Hon.
Ms. Taylor: Agree. Hon.
Mr. Graham: Agree. Hon.
Mr. Hon.
Mr. Nixon: Agree. Ms.
McLeod: Agree. Hon.
Mr. Istchenko: Agree. Hon.
Mr. Dixon: Agree. Mr.
Hassard: Agree. Ms.
Hanson:&=
#8195; Agree.=
p>
Mr.
Tredger:=
Agree.=
p>
Ms.
Moorcroft: Agree.=
p>
Ms.
White:=
8195; Agree.=
p>
Ms.
Stick:=
8195; Agree.=
p>
Mr.
Barr:=
195; Agree.=
p>
Mr.
Silver:&=
#8195; Agree.=
p>
Clerk: Mr. Speaker, the results are 17 yea, nil nay. Speaker: The yeas have it. I declare the motion carried and that Bill =
No. 38
has passed this House. Motion for third reading of Bill=
No. 38
agreed to Hon.
Mr. Cathers: I move that the Speaker do now leave the Chair and that the House resolve into Commit=
tee
of the Whole. Speaker: It has been moved by the
Government House Leader that the Speaker do now leave the Chair and that the
House resolve into Committee of the Whole. Motion
agreed to Speaker
leaves the Chair Committee of the Whole Chair
(Ms. McLeod): Order please. Com=
mittee
of the Whole will now come to order. The matter before the Committee is Bill
No. 41, Act to Amend the Land Titles Act and Condominium Act. Do mem=
bers
wish to take a brief recess? All
Hon. Members: Agreed. Chair: Committee of the Whole is recessed for 15 minutes. Recess Chair: Order. Committee of the Whole will now come to order. =
Bill No. 41: Land Titles Act =
and the
Condominium Act Chair: The matter before the Committee is Bill No. 41, Act to Ame=
nd the
Land Titles Act and the Condominium Act. We will proceed with general
debate. Hon.
Mr. Nixon: Madam Chair, it’s a real plea=
sure
here to be able to speak to Bill No. 41, Act to Amend the Land Titles Act
and the Condominium Act. There are two aspects to the modernization that
we’re looking at: the immediate fixes to increase the level of service
that the land titles office is able to provide; and a full-scale modernizat=
ion
of the legislation, the supporting computer platform, the business processes
and so on. I’d also like to take this
opportunity to thank my officials for coming in today. Without them, well,
I’m not even going to mention it, but we’d likely be in a diffe=
rent
spot, so thank you. The legislation, computer system, a=
nd
business processes used in the land titles office are no longer sufficient =
for
timely transactions where the number of real estate transactions and their
complexity have risen dramatically over the last several years. The Land
Titles Act and the Condominium Act have not been substantively
amended since they were enacted, and in the case of the Land Titles Act<=
/i>,
that was over a century ago. Similarly, the supporting computer platform was
put into operation over a decade ago and does not offer many of the features
needed and required by the land titles office to facilitate service to the
public. Business processes need modernization because they are based on the
out-of-date legislation and system. The immediate fixes are underway to=
improve
efficiency, which include the appointment of the inspector that we have had=
to
review the land titles office processes and short-term changes to the
legislation and supporting computer platform. These will be completed this
spring. Separate, full-scale modernization of the land titles regime in the=
From there, moving forward, we will=
look at
development, which would include drafting legislation, identifying the need=
ed
elements of a new computer system and the selection of such a system, and
review of business processes by a business and functional analyst.=
p>
From there, we are looking at
implementation, which entails the implementation of new legislation, a
supporting computer platform and business processes in the office.=
p>
As I mentioned earlier, our governm=
ent has
a strong commitment to facilitate land development and fostering economic d=
evelopment,
and bringing forward these amendments is but one step to remove the barrier=
s to
development by improving service in the land titles office. To summarize a few of my comments f=
rom
earlier, the objective of these amendments to the Land Titles Act and
the Condominium Act is to improve the operations of the land titles
office with changes to the acts that can be done relatively quickly and eas=
ily.
It’s important that we reduce the time needed to register documents in
that office. With a strong economy, the value an=
d number
of transactions processed by the land titles office has increased dramatica=
lly
over the years, and it continues to reach historically high levels. So the
areas that we’re looking to address with these quick fixes are:
addressing the filing of writs; addressing the standard form mortgages;
addressing the duplicate certificates of title; addressing the transfer of =
easement
to oneself; addressing the registrar’s ability to correct errors;
addressing the hours of operation of the office; and making amendments to t=
he Condominium
Act to make it more current. The inspector we brought up from =
span> To highlight one area that Ms. Bans=
ley made
in her report, there is a disconnect between the customers’ perceptio=
n of
the staff and the staff’s perception of their treatment of customers.=
The
staff members feel that they bend over backwards for their customers, answer
their questions, train their conveyancers, and that the level of assistance
they are asked to provide is often unfair and crosses the line into legal
advice. Customers feel staff members are unwilling to assist and do not hav=
e a
cooperative attitude. While changes to legislation, techn=
ology,
and process can be made, challenges will remain in serving customers, unles=
s inroads
are made by both parties to continue the dialogue to seek meaningful soluti=
ons.
Having made that comment, I will refer to an earlier comment that I made th=
at
our staff there, although exceptional, just do not have the tools to do the=
ir
jobs effectively. We want to put the tools in the hands of the staff. Ms.
Moorcroft: I would like to=
thank
the officials who are present in the Assembly to assist the minister as we =
go
through Committee of the Whole debate on the Act to Amend the Land Titles
Act and the Condominium Act. The minister referred to the Inform=
ation
Services Corporation inspector’s report for the Government of Yukon,
pursuant to the Land Titles Act, section 12, which was prepared by L=
ora
Bansley, I would note that there are a numbe=
r of the
recommendations that were made in the report that are not addressed by this
amendment, and I am pleased to hear that the government does have plans to
systematically address the recommendations in the report, although we will =
have
some questions on some of those. I do have to note that we received =
this
report that was submitted on March 30 on April 26, approximately 10 minutes
before the Minister of Justice rose to make his second reading speech on th=
e Act to Amend the Land Titles Act and t=
he Condominium
Act. As I said at second rea=
ding,
it would have been courteous of the government to provide this document at
least a day prior to the debate. I would like to respectfully ask the Premi=
er
to consider, in future, providing information to the Official Opposition and
the Third Party so that we can be more fully informed when we come to debat=
ing
bills before the House. Although
it’s not part of the report, we do agree with item 20 on page 29 of t=
he
report that the confidentiality of the legislative
process is counterproductive, not just for consumers, but also for all MLAs=
. We
would like briefings and relevant reports pertaining to changes in legislat=
ion.
That would help us do our jobs more efficiently. The Minister of Justice spoke about=
the
land titles office staff needing better tools to do their job and that
they’re looking at completing the modernization of the computer platf=
orm
this spring. That’s good. There’s also a need, though, that has
been identified in the inspector’s report for additional staffing. I
wonder if the minister can tell us whether they intend to address, in the s=
hort
time, the issues of staffing, in particular the need for legal advice to be
available to the land titles office staff and the recommendation for a surv=
eyor
to be available as well. I also would put on the record befo=
re the
minister replies to that, the request for him to speak to the need to devel=
op
written guidelines. Throughout the report, the inspector notes that a set of
guidelines would be very helpful to the staff as well as to the users of the
system. Hon.
Mr. Nixon: Madam Chair, in addressing the memb=
er
opposite, we are indeed not looking at the computer system this spring. We =
will
be doing a scoping exercise that includes retaining legal and technical exp=
ert
advice, the preparation of a discussion paper, stakeholder consultation and=
option
identification. The member opposite also asked about legal advice for the s=
taff
of the land titles office, and there are two lawyers assigned to provide le=
gal
advice to the staff of the land titles office. Ms.
Moorcroft: I’d like =
the
minister to indicate who will be invited to participate on the working grou=
p. I
anticipate that it will include the seven stakeholders listed in the inspec=
tor’s
report with whom she spoke during her work — her independent review of
the land-titles office, and its current business procedures. I would just l=
ike
to ask the minister if he can confirm who will be on the working group, and=
if
it will include lawyers, surveyors, realtors, appraisers, the Chamber of Co=
mmerce
— he has already indicated land titles officials will be represented,
with the Department of Justice senior official — and whether the Surv=
eyor
General’s Office would be involved. Hon.
Mr. Nixon: In addressing the member’s qu=
estion,
certainly, the Surveyor’s Branch, and there will be lawyers, surveyor=
s,
appraisers, banks, First Nations, realtors, architects, and the Chamber of
Commerce that the member opposite has already brought up. Talking about leg=
al,
we will definitely have people from the department overlooking this, but the
chair is, indeed, a lawyer. Who best to chair this moving forward than a
lawyer? Ms.
Moorcroft: I believe I hea=
rd the
minister saying that they would be consulting, as well, with the legal
community outside of government and perhaps he can confirm that. A final point is that under the
modernization considerations, there is a final bullet regarding the cost of=
the
software component of modernization, and I would like to ask the minister
whether the government will commit to a cost-benefit analysis prior to
committing to this capital expense. The funding of similar initiatives in o=
ther
jurisdictions is quite large — understanding that Hon.
Mr. Nixon: I thank the member opposite for the
question. I can talk about the GEN system that we are using within the
correctional system. That system was indeed bought for $1. Then, with the
upgrades that we moved forward to build for The member opposite also had a ques=
tion
about lawyers being stakeholders. Indeed, lawyers are stakeholders when it
comes to land titles. When I was referring to lawyers, I was talking to pub=
lic
lawyers, not a government lawyer. Ms.
Moorcroft: I appreciate the
minister’s comments and response. Can he just confirm the government =
will
commit to a cost-benefit analysis prior to this capital expenditure?=
Hon.
Mr. Nixon: Madam Chair, as we move forward wit=
h this
land titles modernization, we’re not going to avoid costs. So we will=
be
doing a functional analysis on the computer platform moving forward and at =
that
time, once we meet with the stakeholders and understand where they want thi=
s to
go, we’ll have a better sense of what those costs for the system will
look like. Ms.
Hanson:&=
#8195; I thank the min=
ister
for his comments so far this afternoon and I also want to commend, again, t=
he
MLA for Copperbelt South for so ably summarizing the issues and the backgro=
und
paper that we received earlier this afternoon. My questions will be brief. I just =
want to
comment, or ask a couple of questions with respect to the minister’s
comments about this being a three-phased approach. I always appreciate havi=
ng
some sense that there is a plan and it is laid out. What is the timeline for completion=
of
these three phases from scoping to the development of the new legal system =
that
will be replacing the existing one? Is it three years, five years or is the=
re
anticipation of a shorter timeline? Could the minister just set that out for
us? Hon.
Mr. Nixon: Before I answer the question for the
member opposite, it’s really important for me as part of this team ov=
er
here to identify that our ability to bring important pieces of legislation =
like
this forward really speaks to the leadership of our Premier and the commitm=
ent
of this team on this side of the House. As for the timeline, we’ve be=
en
working on this for almost a year now and we’re likely looking at
probably another two to three years before we see a final product. We have a
plan. It’s important to follow this plan and move forward very
strategically so we don’t miss something along the way. It will be re=
ally
important to talk to the stakeholders and just get their input and find out
what direction they want to go as a group. From there, I think after the
scoping phase, it will give us a little bit more of an idea of how long the
entire project will take us. Ms.
Hanson:&=
#8195; I appreciate the
minister’s comments. I’m glad to hear that he says we have a pl=
an
and it’s really important to follow that plan. When one does a plan, =
one
has a begin date and an end date and one has a cost associated with impleme=
nting
that plan. Could the minister simply clarify those two key points: begin, e=
nd
and cost? Hon.
Mr. Nixon: Madam Chair, for the scoping phase,=
we
are estimating that this will probably take us into November of this year. =
We
have allocated, thus far, $350,000 to complete the scoping phase. From that scoping phase, it will gi=
ve us, like
I said before, a better idea of where we move forward from there and a litt=
le
bit more detail on the cost of the whole project. Ms.
Hanson:&=
#8195; Earlier, the mi=
nister
commented — and I believe so did the Member for Copperbelt South when=
she
was doing the quick overview — on page three of this report, which sa=
ys
that surveys in the Yukon are under the jurisdiction of the federal governm=
ent
and are performed by Canada Land Surveyors under the Canada Lands Survey=
ors
Act, and the Surveyor General has responsibility for the management of =
all
surveys on Canada lands, which includes land in Yukon. There are a number of
comments that the inspector makes with respect to the relationship between =
the
Surveyor General’s Office and the land titles office. I do not purport to infringe on that
discussion, but I am interested with respect to the minister’s commen=
ts
about any potential impact on the proposed amended process and the moderniz=
ation
of the land titles system in the Yukon, given the federal government’s
recent cuts of six of nine positions with the Surveyor General in
Canada’s office here in Whitehorse, and if it is necessary or will be
necessary to mitigate against those cuts, in terms of the operational impact
for the Yukon land titles system. Hon.
Mr. Nixon: The Surveyor General’s office=
has
assured us that there will be no reduction in services. They too are extrem=
ely
excited about moving forward with this legislation, especially moving forwa=
rd
on the electronics side with updating the computer system, so we have their
support. I look forward to their comments as a stakeholder as we move forwa=
rd
with modernizing this legislation. Ms.
Moorcroft: The minister has
indicated that he anticipates that this may be a two- or three-year process=
for
the entire review and assessment of the legislation and the operating
procedures. I just would like to ask him about a couple of other matters th=
at
were identified in the report as critical. The stakeholder groups and the l=
and
titles office staff would all like to see the ability to search for titles
on-line. I would like to ask the minister wh=
ether it
is possible to move toward the ability to search titles on-line with the
existing technology, or if that will have to wait until an assessment has b=
een
done on what new system should be used. Hon.
Mr. Nixon: I have a very simple answer for the
member opposite — and the answer is no. There isn’t the possibi=
lity
of using the current system to be able to search on-line and that’s o=
ne
of the biggest reasons why we are looking forward to implementing a new
platform, so we need to do our research and find a platform that we can move
forward with. Ms.
Moorcroft: All right, I th=
ank the
minister for that. In the areas to address on page 18 of the 2012 inspector=
of
titles report, the inspector writes that the Government of Yukon has made no
significant investments in the land titles regime, resulting in neglect of
policy, process, and consequently customer satisfaction. The registry has fallen behind other
jurisdictions in terms of functionality and, indeed, the land titles staff =
have
requested changes to legislation and additional resources. We’re plea=
sed
that the government is now making that a priority. With the increased volum=
es
there is a need for newer technology. The report also speaks many times abo=
ut
the need for written guidelines, both for external and internal use. This l=
ack
of documentation leads to inconsistencies in processing by the staff and
frustration by stakeholders in determining what is required. There is a con=
cern
by the government that previous work will be lost when it updates the
legislation and modernizes the system, which would change the method used to
submit documents. I’d like to ask the minister whether the department
will be able to work on producing some written procedures and polices now, =
rather
than later in a two- to three-year process as the department and the working
group goes through its review and assessment. Hon.
Mr. Nixon: Indeed, the department is working o=
n an
interpretive bulletin system to use temporarily. Really, after we meet with
stakeholders, go through the whole process and I guess find out what direct=
ion
we are going in is when we will really know and will be able to provide the
staff and public with a more concrete system. Ms.
Moorcroft: That will be
appreciated. I would expect that there is a need to put together an
interpretation bulletin and also put out the information related to these a=
mendments
before us, which we are supportive of. I have no further questions.<=
/p>
Chair: Is there any further general debate on Bill No. 41? =
p>
If not, we will proceed to a
clause-by-clause review. On Clause 1 Clause 1 agreed to On Clause 2 Clause 2 agreed to On Clause 3 Clause 3 agreed to On Clause 4 Clause 4 agreed to On Clause 5 Clause 5 agreed to On Clause 6 Clause 6 agreed to On Clause 7 Clause 7 agreed to On Clause 8 Clause 8 agreed to On Clause 9 Clause 9 agreed to On Title Title agreed to Hon.
Mr. Nixon: Madam Chair, I move that Bill No. 4=
1, Act
to Amend the Land Titles Act and the Condominium Act, be reported witho=
ut
amendment. Chair: It has been moved by Mr. Nixon that Bill No. 41, Act to Am=
end
the Land Titles Act and the Condominium Act, be reported without
amendment. Motion agreed to Chair: We will carry on to Bill No. 6, First Appropriation Act, 2=
012-13.
Vote 8, Department of Justice. We’re in general debate on Community
Justice and Public Safety division. We will take a 10-minute recess. Recess Chair: Order. Committee of the Whole will now come to order. The mat=
ter
before the Committee is Bill No. 6, First Appropriation Act, 2012-13=
. Department of Justice — continued On Community Justice and Publ=
ic
Safety Division — continued Chair: =
We are continuing with general debate on the program, Community
Justice and Public Safety division on page 14-18. Ms. Moorcroft has the flo=
or
with 19 minutes and 40 seconds remaining. Ms.
Moorcroft: I’m pleas=
ed to
speak in general debate on the Community Justice and Public Safety division
branch which maintains and supports the work of the coroner’s office =
and
the worker advocate program in accordance with the Workers’
Compensation Act. I would like to ask if there have been any changes in
policy or in programming related to the worker advocate program. Hon.
Mr. Nixon: Community Justice and Public Safety
received a one-time funding increase, as shown on the line, of $50,000 for =
the
2012-13 fiscal year. This funding is 100-percent recoverable from Yukon
Workers’ Compensation Health and Safety Board. It is a one-time incre=
ase
of $50,000 that will allow the office to absorb their portion of their First
Nations Training Corps employee costs from the Yukon Workers’
Compensation Health and Safety Board, as well as offset the general salary
increases for the upcoming calendar year. There have been no changes and they=
are
currently looking at an improved computer management system. Ms.
Moorcroft: Can the minister
indicate whether or not there are any new community justice initiatives bei=
ng
funded? Hon.
Mr. Nixon: We will get to that line, but the s=
hort
answer is no, not at this time. Ms.
Moorcroft: In Question Per=
iod, I
raised the matter of the Coroners Act, which has seen little change
since it came into effect in 1976. There are many concerns with this archaic
bill. I took the opportunity to review the third edition of the Canadian=
Law
of Inquests that the Hon. Mr. Justice David Marshall wrote. Justice
Marshall served as a Justice of the Supreme Court and the Court of Appeal of
the I also identified a concern that th=
ere is
no requirement — the act uses “may” rather than
“shall” when it comes to conducting inquests into deaths under
certain circumstances. The circumstances under which deaths are investigate=
d in
the I’d like to ask the minister =
if he is
aware of those concerns and what plans he may have to address them and to
modernize the Coroners Act? Hon.
Mr. Nixon: Before I answer the question from t=
he
member opposite, I would just like to really express my sincere appreciation
for my officials being here today. Getting to the question at hand, the
government is researching other models of coroner services across Ms.
Moorcroft: In the work the
department has done in researching other models of coroner services, can the
minister tell us whether the department has contacted representatives of th=
e Hon.
Mr. Nixon: I thank the member opposite for the
question. At this time we are not at the consultation phase. As I stated, we
will be looking for interested members of the public to provide their stated
views, but there is no timeline right now. Ms.
Moorcroft: Most provinces =
have
dispensed with laypersons adjudicating causes of death and have moved to a
system where a medical examiner who is a qualified and a forensic pathologi=
st
is required to investigate certain classes of deaths. Then a judge presides=
over
the inquiry where the medical examiner presents findings and the judge makes
orders rather than recommendations to prevent similar deaths in future.
I’d like to ask the minister if he will consider the request from the
Official Opposition to take a serious look at whether that may be the more
appropriate model for the Hon.
Mr. Nixon: I thank the member opposite for her
question. The member may not be aware, but across Ms.
Moorcroft: I, too, would l=
ike to
welcome and thank the officials for being here this afternoon and I underst=
and
from conversations I’ve had with the officials that the There are outstanding matters that =
do require
attention at the current time. The minister is well aware that the five dea=
ths
in Whitehorse of residents who died of carbon monoxide poisoning in their
rented home is a serious concern to all of us and has had repercussions =
212;
has reverberated throughout the community. I’d like to ask the minister =
whether
he has considered appointing an interim coroner who may have specialized
knowledge and expertise in the field of deaths by carbon monoxide poisoning,
given that the current legislation does provide that ability to the minister
— notwithstanding that it’s out-of-date and is criticized by
Justice Marshall as something that needs to be updated. There is a need for=
the
matter of an inquest to be considered and acted upon sooner rather than lat=
er
for those five deaths that occurred just a few short months ago. Is the minister prepared to commit =
to
appointing a coroner who could investigate those deaths? The British Columb=
ia
2007 act provides its minister with the authority to order the coroner to h=
old
an inquest if, in the minister’s estimation, it is “necessary o=
r desirable
in the public interest.” I believe there are many people who would ar=
gue
that it is in the public’s interest to hold an inquest into the death=
s of
five Could the minister indicate what his
intentions are? Hon.
Mr. Nixon: Indeed, to answer the member opposi=
te’s
question, the process is underway to replace the chief coroner. In the event
that we felt that we needed to appoint someone to take on additional
responsibilities at that time, I can definitely look at doing that.<=
/p>
Ms.
Moorcroft: I would like to=
urge
the minister to consider that the fact that five residents died of carbon m=
onoxide
poisoning is a very serious matter and that it is in the public’s
interest for there to be an inquest into those deaths. I understand that the
process to replace a chief coroner is lengthy — generally, staffing
recruitment does take some time. Does the minister have a timeline f=
or that
and can he indicate whether he would prepared to temporarily appoint a coro=
ner
to investigate the five deaths by carbon monoxide poisoning? Hon.
Mr. Nixon: Indeed, we do have a chief coroner
currently who is appointed by the Government of Yukon and normally responsi=
ble
for deciding whether an inquest will be held under certain circumstances.
It’s the coroner who makes that decision. Ms.
Moorcroft: The minister ju=
st
indicated that the coroner would be retiring and that the recruitment proce=
ss
was underway to replace the chief coroner. I would like to ask the minister wh=
ether he
is prepared, given that there has been no decision forthcoming to initiate a
coroner’s inquest into five deaths — rather than waiting to rep=
lace
the chief coroner for however long that staffing action may take and unders=
tanding,
given the imminent retirement of the chief coroner and her inability to pro=
ceed
with an inquest that would take a considerable amount of time — if the
minister will in fact appoint a coroner who could take action on the matter=
of
an inquest. Hon.
Mr. Nixon: Indeed, as I mentioned, the coroner=
is
still working and employed by the department, so she is still on the ground=
. If
indeed the coroner felt that they were going to make a decision to do an
inquest into any case, whether it is one month before they leave or had no
plans to leave, at that time, if the coroner felt, or if we felt, that
sufficient resources were not available, then we could look at appointing
someone at that time. To date, the coroner is investigating this case, but =
has
not yet made any decision determining whether an inquest will be held or no=
t. Ms.
Moorcroft: Does the minist=
er
believe that there are at present sufficient resources available to the
coroner’s office to complete an investigation and to come to a decisi=
on
on whether an inquest will be held? Hon.
Mr. Nixon: I have full confidence in the coron=
er’s
office and the chief coroner, so if the coroner felt that there were resour=
ces
that we needed to tap into, then that could be brought forward. I do have f=
ull
confidence that the coroner is doing a fantastic job and the office has the
resources that it needs. Ms.
Moorcroft: I am pleased to=
hear
the minister assert that the coroner’s office has the resources needed
and I trust that it does. I believe that it is in the public interest to ho=
ld
an inquest into the deaths of five I’d like to move on then and =
ask the
minister if he could explain if there is any significant difference in the =
community
justice function of the branch we’re currently reviewing, Community
Justice and Public Safety division, and the next branch up for discussion,
Victim Services and Community Justice. Hon.
Mr. Nixon: The Victims of Crime Strategy is
being rolled out. Other than that, there are no new initiatives at this tim=
e. Chair: Is there any further debate? Seeing none, we will proceed lin=
e by
line. On Operation and Maintenance
Expenditures On Assistant Deputy MinisterR=
17;s
Office Ms.
Moorcroft: Could the minis=
ter
provide a breakdown for this line item, please? Hon.
Mr. Nixon: Madam Chair, there was a four-perce=
nt
decrease of $26,000 from the 2011-12 forecast and a 27-percent decrease of
$232,000 from the 2011-12 estimates. Ms.
Moorcroft: Could the minis=
ter
provide some detail on the expenditures for this line item? Hon.
Mr. Nixon: For personnel, there is a decrease =
of
$92,000 due to the reduction of one FTE, a time-limited project manager in =
the
corrections action plan implementation office, partially offset by collecti=
ve
agreement management category and benefit cost increases of $38,000. So the=
net
decrease to personnel is $54,000. There was a decrease of $73,000 due=
to the
reduction of time-limited funding for the correctional redevelopment and
priority initiatives project; and a transfer payments decrease of $105,000 =
due
to the reduction of time-limited funding for the correctional redevelopment=
and
priority initiatives project. Assistant Deputy Minister’=
s Office
in the amount of $600,000 agreed to On Worker Advocate Ms.
Moorcroft: Could the minis=
ter
provide a breakdown for the line item, please? Hon.
Mr. Nixon: There was an increase of $50,000 in
personnel due to the restructuring of the worker advocate office staff along
with an increase of $10,000 in collective agreement, management, category a=
nd
benefit costs — so a total increase to personnel allotment is $60,000=
. Worker Advocate in the amount of
$413,000 agreed to On Chief Coroner Ms.
Moorcroft: I’d like =
to ask
the minister to provide a breakdown for the expenditures on this line item.=
Hon.
Mr. Nixon: There was a $7,000 increase due to
collective agreement and benefit costs. Ms.
Moorcroft: How many person=
nel are
employed in the chief coroner’s office and are they all full-time
positions or are there any contract or auxiliary positions associated with =
this
line item? Hon.
Mr. Nixon: There is one chief coroner, there i=
s a
half-time administrative position, and there are approximately 17 community
coroners. Chief
Coroner in the amount of $315,000 agreed to Community
Justice and Public Safety Division Total Expenditures in the amount of
$1,328,000 agreed to On Victim Services and Commun=
ity
Justice Ms.
Moorcroft: I have a questi=
on, and I
am looking at the revenues and recoveries, page 14-28. For Victim Services =
and
Community Justice, there is an outreach worker for the Chair: We’re currently debating page 14-21, Victim Services and
Community Justice and not revenues. Ms.
Moorcroft: I had understoo=
d that
in order to debate recoveries that we would have to raise them in the branc=
h.
Will this come up when we proceed to a further line? Chair: Statistics are debated within the branch but revenues are deb=
ated
when we get to revenues. Page 14-28 is revenue. Is there any further general debate=
on
Victim Services and Community Justice? On Operation and Maintenance
Expenditures On Program Director Ms.
Moorcroft: I’d like =
to ask
the minister to provide a breakdown for the line item. Hon.
Mr. Nixon: There is an increase of $81,000 due=
to
the reallocation of a position no longer required at the Whitehorse
Correctional Centre, due to the new staffing model, to the program
director’s office, to create an administrative assistant position to =
the
director, along with collective agreement, management group and benefit cos=
ts. Ms.
Moorcroft: Could the minis=
ter
explain the nature of the position that is no longer required at Whitehorse
Correctional Centre? Hon.
Mr. Nixon: I will have to provide further deta=
ils of
that line item to the member at a later date. Ms.
Moorcroft: I’d like =
to ask
the minister when he comes back with an answer — or whether his offic=
ials
might be able to advise him — if that position had any responsibiliti=
es
related to programming and to the provision of services to inmates who are
often also victims? Hon.
Mr. Nixon: The details are forthcoming. I̵=
7;ll
get that information with the last request the member opposite had. =
Program Director in the amount of
$360,000 agreed to On Victim Services Ms.
Moorcroft: Again, I would =
like to
ask the minister for a breakdown of the line item for Victim Services. Hon.
Mr. Nixon: There is a decrease of $42,000 in
personnel due to staffing vacant positions at a lower rate of pay, partially
offset by the collective agreement and benefit costs. There is also an ongo=
ing
increase of $2,000 for fuel costs. Victim Services in the amount of
$1,160,000 agreed to On Community Justice Projects Ms.
Moorcroft: I’d like =
to ask
the minister for details on this line item. Perhaps he could also indicate
which community justice projects are funded by this expenditure. Hon.
Mr. Nixon: There are indeed nine different pro=
grams
under this line item, all of which received different degrees of funding. <=
o:p> On this line item also, there was an
increase of $5,000 in personnel due to collective agreement and benefit cos=
ts.
There was a decrease of $43,000 to the transfer payment allotment for a
one-time revote to continue funding to the northern strategy project, South=
ern
Lakes justice development, for the 2011-12 fiscal year. Ms.
Moorcroft: I would just li=
ke to
ask the minister if he could read into the record the community justice
projects that are funded by this line item. He indicated the number, but he
didn’t specify where they were located. Hon.
Mr. Nixon: I thank the member opposite for the
question. The nine restorative justice projects are cost-shared between Ms.
Moorcroft: Do these projec=
ts,
which receive funding on an annual basis, have a three-year agreement in pl=
ace
or a longer-term agreement in place? Or do they each year meet with the
government to determine whether their program will be funded in future year=
s? Hon.
Mr. Nixon: Madam Chair, An evaluation released in November =
2011
looked at the ongoing relevance of the Aboriginal Justice Strategy, its per=
formance,
and options with respect to renewal of the strategy. A variety of methodolo=
gies
including document reviews, surveys and key informant interviews, a recidiv=
ism
study and cost analysis study were also used in this evaluation. The 2007 to
2011 evaluation determined that the Aboriginal Justice Strategy continues t=
o be
of relevance to the priorities of the federal government and that it contin=
ues
to be effective and that it is cost-effective. There is currently no indica=
tion
that the Aboriginal Justice Strategy will be discontinued. More information
will be available in the upcoming weeks. They have re-signed for this 2012-=
13
year. The Government of Yukon does not cu=
rrently
meet the requisite 50/50 cost share for the Aboriginal Justice Strategy
projects, as it is required in the federal policy for funding community jus=
tice
projects. Ms.
Moorcroft: I app=
reciate
the information from the minister. I thank the officials for their work in
preparing information in advance of budget debate so that he has it availab=
le. I would like to ask the minister wh=
ether
his office would be able to make available to me the evaluation of the Abor=
iginal
Justice Strategy that he just spoke about. I would also, finally, like to a=
sk
him whether he has spoken to his federal counterpart regarding ongoing fund=
ing
of the Aboriginal Justice Strategy, which allows the good work of community=
justice
projects to take place. Hon.
Mr. Nixon: Madam Chair, that is indeed a feder=
al
document. I can take the member’s request under consideration. Ms.
Moorcroft: I thank the min=
ister
for that. I have two further questions. Did the minister indicate that the
federal government would be renewing funding for the 2012-13 fiscal year for
the Aboriginal Justice Strategy, and has the minister spoken to his federal
counterpart regarding whether the Aboriginal Justice Strategy will be confi=
rmed
for funding for a further five-year period? Hon.
Mr. Nixon: I do keep in fairly regular contact=
with
my federal counterpart. The Aboriginal Justice Strategy has indeed been fun=
ded
for the 2012-13 year and it will continue on a year-to-year basis as with t=
he
other ones. Community Justice Projects in th=
e amount
of $519,000 agreed to Victim Services and Community=
Justice
Total Expenditures in the amount of $2,000,039 agreed to Ms.
Moorcroft: One of the resp=
onsibilities
of this branch is to implement the safer communities and neighbourhoods leg=
islation,
and I noted in the statistics that there had been 350 complaints and 40 act=
ions
under the safer communities and neighbourhoods legislation. What is the nat=
ure of
the actions anticipated for 2012-13 based on the department’s experie=
nce
of 2011-12 and previous years? Hon.
Mr. Nixon: If it were me making a decision I w=
ould
hope that the forecast was zero, but as complaints come in, we can’t
answer that. I don’t think anyone would be able to answer that, so
hopefully the number is low, but as the calls come in we’re respondin=
g to
them and we take those calls very, very seriously. Ms.
Moorcroft: The majority of=
the
expenditures in Public Safety and Investigations are for the contract for p=
olicing
services with the RCMP. The minister has informed the House=
that
they have signed a renewed Hon.
Mr. Nixon: Although signed-off, there is still=
a
fair amount of work to do on the agreement itself and the appendices. So
we’re hoping to have that back and signed by the federal minister by =
the
end of the summer. Ms.
Moorcroft: I do have anoth=
er
question. Before I move on to that, I’ll ask the minister to respond =
to
two matters at once. Can the minister indicate whether he will be in a posi=
tion
to provide the opposition parties with a copy of the police service agreeme=
nt
when it has been signed-off by the federal minister? A further question for=
the
minister is this: Did the Hon.
Mr. Nixon: Indeed, each jurisdiction had one
representation — one person moving forward to move on the agreement a=
nd
then they would bring that back to the government to move forward with any
recommendations. Ms.
Moorcroft: The Yukon First=
Nations
did submit a request — several of the Yukon First Nations indicated t=
hat
they would like to be involved in those negotiations. I can appreciate the
minister may have been constrained by the federal-provincial-territorial
agreement where there was only one representative from each jurisdiction
allowed at the table. Can the minister tell us what he is=
doing
to include Yukon First Nations in setting priorities for the police service=
s in
their communities and to recognize their status as self-governing First Nat=
ions
when it comes to delivering police services in communities? Hon.
Mr. Nixon: Madam Chair, the current police ser=
vice
agreement expired on In The agreement will provide the fram=
ework
for Yukon First Nations will always hav=
e an
opportunity to raise interests through their representation on the Yukon Po=
lice
Council, which I appointed just a short time ago, and we look forward to th=
at
council. They are going to be meeting for the second time this May, and I
really look forward to the recommendations and the information coming forth
from that council. Ms. Moorcroft: I expect =
that the
minister is well-informed on the review of There are a number of areas that I =
would be
remiss if I did not ask the minister about in relation to the review of Madam Chair, I move that we report
progress. Chair: It has been moved by Ms. Moorcroft that we report progress. <=
/span> Motion agreed to Hon.
Mr. Cathers: I move that the Speaker do now resu=
me the
Chair. Chair: It has been moved by Mr. Cathers that the Speaker do now resu=
me the
Chair. Motion agreed to Speaker resumes the Chair Speaker: I will now call the House to order. May the House have a report from th=
e Chair
of Committee of the Whole? Chair’s report Ms.
McLeod: Mr. Speaker, Committee of the Whole=
has
considered Bill No. 41, entitled Act to Amend the Land Titles Act and the
Condominium Act, and directed me to report the bill without amendment.
Committee of the Whole has further considered Bill No. 6, First
Appropriation Act, 2012-13, and directed me to report progress.<=
/p>
Speaker: You have heard the report from the Chair of Committee of the =
Whole.
Are you agreed? All
Hon. Members: Agreed. Speaker: I declare the report carried. Speaker’s statement=
Speaker: Prior to receiving the motion to adjourn this House this afte=
rnoon,
I have a statement I would like to make. It has come to the Chair’s at=
tention
that certain members of this Assembly wrote a letter to the Leader of the
Official Opposition dated today. This letter was also, apparently, circulat=
ed
to journalists. Members will recall that during deb=
ate on Motion
No. 175, the Minister of Justice rose on a point of order and said that the
Leader of the Official Opposition had used unparliamentary language. The
Speaker ruled that there was no point of order, as he did not hear the alle=
ged
comment. In this letter, these members revis=
it the
point of order. They also request that the Leader of the Official Oppositio=
n “apologize
to the Legislature at the earliest possible opportunity.” The Chair would like to remind memb=
ers that
Standing Order 6(1) says, “The Speaker shall preserve order and decor=
um,
and shall decide questions of order. In deciding a question of order or
practice, the Speaker may state the Standing Order or other authority
applicable to the case. No debate shall be permitted on any such decision, =
and
no decision shall be subject to an appeal to the Assembly.” In other
words, the Speaker’s ruling on a point of order is final. In writing this letter to the Leade=
r of the
Official Opposition, and in seeking redress directly from her, the members =
in
question have implicitly criticized the Speaker’s handling of this po=
int
of order. That is not acceptable. There will be times when members disagree
with rulings from the Chair. Members will simply have to accept those rulin=
gs.
It is not appropriate for members to attempt to discipline other members on
their own. To do so demonstrates a lack of confidence in the Speaker, who w=
as
elected by this House to preserve order and decorum. Hon.
Mr. Cathers: Mr. Speaker, I move that the House =
do now
adjourn. Speaker: It has been moved by the Government House Leader that the Hou=
se do
now adjourn. Motion agreed to Speaker: This House stands adjourned until The House adjourned at =
i> The
following documents were filed 33-1-20 CBC AM Service, unanimous support f=
or
Motion No.163: letter (dated April 26, 2012) to the Hon. James Moore, Minis=
ter
of Canadian Heritage and Official Languages, from the Hon. Darrell Pasloski,
Premier (Pasloski) 33-1-21 Inspector’s Report for the Go=
vernment
of Yukon, pursuant to the Land Titl=
es Act,
s. 12, (dated March 30, 2012), prepared by Lora Bansley, Information Servic=
es
Corporation of Saskatchewan (Nixon)YukonYukonYukonYukonProvince of
968 &=
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p; HANSARD &n=
bsp;  =
; &n=
bsp;