Yukon Legislative Assembly Number 186 1st Session 33rd Legislature HANSARD Monday, December 15, 2014 — 1:00 p.m. Speaker: The Honourable David Laxton YUKON LEGISLATIVE ASSEMBLY SPEAKER — Hon. David Laxton, MLA, Porter Creek Centre DEPUTY SPEAKER — Patti McLeod, MLA, Watson Lake CABINET MINISTERS NAME CONSTITUENCY PORTFOLIO Hon. Darrell Pasloski Mountainview Premier Minister responsible for Finance; Executive Council Office Hon. Elaine Taylor Whitehorse West Deputy Premier Minister responsible for Education; Women’s Directorate; French Language Services Directorate Hon. Brad Cathers Lake Laberge Minister responsible for Community Services; Yukon Housing Corporation; Yukon Liquor Corporation; Yukon Lottery Commission Government House Leader Hon. Doug Graham Porter Creek North Minister responsible for Health and Social Services; Yukon Workers’ Compensation Health and Safety Board Hon. Scott Kent Riverdale North Minister responsible for Energy, Mines and Resources; Yukon Energy Corporation; Yukon Development Corporation Hon. Currie Dixon Copperbelt North Minister responsible for Economic Development; Environment; Public Service Commission Hon. Wade Istchenko Kluane Minister responsible for Highways and Public Works Hon. Mike Nixon Porter Creek South Minister responsible for Justice; Tourism and Culture GOVERNMENT PRIVATE MEMBERS Yukon Party Darius Elias Vuntut Gwitchin Stacey Hassard Pelly-Nisutlin Hon. David Laxton Porter Creek Centre Patti McLeod Watson Lake OPPOSITION MEMBERS New Democratic Party Elizabeth Hanson Leader of the Official Opposition Whitehorse Centre Jan Stick Official Opposition House Leader Riverdale South Kevin Barr Mount Lorne-Southern Lakes Lois Moorcroft Copperbelt South Jim Tredger Mayo-Tatchun Kate White Takhini-Kopper King Liberal Party Sandy Silver Leader of the Third Party Klondike LEGISLATIVE STAFF Clerk of the Assembly Floyd McCormick Deputy Clerk Linda Kolody Clerk of Committees Allison Lloyd Sergeant-at-Arms Rudy Couture Deputy Sergeant-at-Arms Doris McLean Hansard Administrator Deana Lemke Published under the authority of the Speaker of the Yukon Legislative Assembly December 15, 2014 HANSARD 5577 Yukon Legislative Assembly PETITIONS Whitehorse, Yukon Petition No. 19 — response Monday, December 15, 2014 — 1:00 p.m. Hon. Mr. Cathers: I rise today to respond to Petition No. 19, and to briefly discuss the landlord and tenant Speaker: I will now call the House to order. We will legislation that will soon regulate residential tenancies. proceed at this time with prayers. The new Residential Landlord and Tenant Act supports Yukon government’s priority to implement recommendations Prayers of the all-party committee on the Landlord and Tenant Act Withdrawal of motions and this legislation is also important in fostering a healthy private rental market that protects the interests and rights of Speaker: The Chair wishes to inform the House of a both landlords and tenants. change which has been made to the Order Paper. Motion The legislation modernizes legislation that was over 50 No. 834, standing in the name of the Leader of the Third years old, and it clarifies the types of residential tenancies that Party, has been removed from the Order Paper as the action the legislation applies to. It helps to explain the legal requested in the motion has been taken. framework around the landlord and tenant relationship while DAILY ROUTINE providing for an accessible and robust dispute resolution process that is outside of the formal court process. Speaker: We will now proceed with the Order Paper. Both landlords and tenants have asked for improvements Tributes. in clarity around their rights and obligations, and we have Introduction of visitors. listened to their concerns. I won’t list all of the improvements INTRODUCTION OF VISITORS to residential tenancy law contained in this new legislation at this time, but I want to highlight a few key provisions related Hon. Mr. Nixon: Mr. Speaker, I would ask all to the petition tabled by the Member for Takhini-Kopper members to join me in welcoming a few individuals who are King. here for motion debate this afternoon on Motion No. 835 and The relationship between mobile home owners and the Motion No. 836. In the gallery are Al Hubley, Michael mobile home park, as set out under this legislation, is that of Dougherty and Jean-Sébastien Blais. Welcome, gentlemen. tenant and landlord with a few key differences. The Yukon’s Applause new Residential Landlord and Tenant Act makes provisions for mobile homes and mobile home parks. It defines the terms Mr. Barr: I ask the House to join me in welcoming a “mobile home”, “mobile home park” and “mobile home site”. former constituent, Mr. Mike Anthony, a great Yukoner. The new Residential Landlord and Tenant Act limits rent Applause increases to no more than once per year, requires landlords to provide at least three months’ notice of a rent increase of a Speaker: Are there any returns or documents for rent increase and prohibits increases in the first year of tabling? tenancy. This is intended to provide stability and notice for TABLING RETURNS AND DOCUMENTS tenants to decide on their options and time to plan for any financial impact. Landlords, on the other hand, will be able to Hon. Mr. Kent: I have two documents for tabling. plan to deal with rising costs, inflation, interest rates, The first is the 2014-15 protocol agreement between the renovations and improvements to their property. minister responsible for the Yukon Development Corporation, In the case of mobile home parks, if a tenant renting a as representative of the government, and the chair of the mobile home site or pad receives notice of a rent increase Yukon Development Corporation, as representative of the from the landlord, the tenant may choose not to accept it and, Yukon Development Corporation. if so, they have 12 months to vacate the mobile home site. The second document is the shareholder letter of This is a special provision for mobile home park rentals and expectations for 2014-15 from the chair of the Yukon recognizes that mobile home owners may require additional Development Corporation to the chair of the Yukon Energy time to relocate. We recognize that, currently, mobile home Corporation. owners have limited options for relocating inside Whitehorse. That is something they may wish to raise with the city, as that Speaker: Are there any further returns or documents falls under their jurisdiction. for tabling? The new act prevents a landlord from applying any Are there any reports of committees? additional rent increase until the tenant has vacated the site. A Petitions. tenant renting a mobile home site also cannot be required to move a mobile home during the months of December, January or February, and the new residential tenancy office will be responsible for adjudicating disputes between mobile home owners and mobile home park owners. 5578 HANSARD December 15, 2014 It is important that Yukon’s residential tenancy law Ms. Stick: I rise to give notice of the following motion: balances the rights and interests of both tenants and landlords. THAT this House urges the Government of Yukon to The act was developed after considerable public input, ensure all Yukoners have access to consistent mental health including the Yukon-wide public meetings held by the all- services by: party select committee of this Legislative Assembly. (1) developing a protocol for follow-up when an We are now in the final stages of preparing this important individual from a rural community has been released from legislation for proclamation through the development of the hospital following a suicide attempt; and regulations, and we anticipate that it will come into effect (2) implementing a policy requiring rural Yukon service soon. providers who provide support to clients with serious, chronic I recognize that mobile home owners, who did not, in mental health issues to collaborate with Mental Health most cases, participate in the public consultation that Services clinicians on management and support to individuals. developed the act, have expressed an interest in seeing changes made to the legislation. Following completion of the I also give notice of the following motion: regulation, government is open to reviewing the provisions of THAT this House urges the Government of Yukon to the act specific to mobile homes. That would require consult with Yukoners with disabilities to develop and consultation with both mobile home owners and park owners introduce legislation in the spring 2015 sitting that will because of course it is important that we balance the interests support the rights of Yukoners with disabilities to equality, and rights of both parties, which is the central premise of a with dignity, respect for difference, autonomy and inclusion, new Residential Landlord and Tenant Act. in accordance with article 33 of the United Nations In conclusion, I would like to thank all of the Yukoners Convention on the Rights of Persons with Disabilities to: who brought forward their concerns to the government’s (1) designate a single focal point within Government of attention and again, would state our willingness to take Yukon for matters related to the implementation of the UN another look at that specific section of the act through Convention on the Rights of Persons with Disabilities; consultation, considering the interest of all affected parties — (2) establish a framework, including an independent both mobile home owners and mobile home park owners. mechanism, to promote, protect and