KMFC HOLDINGS INC ACT, 2000

MUNICIPALITY OF SIOUX
LOOKOUT ACT, 2000

CANADIAN NATIONAL EXHIBITION
ASSOCIATION ACT, 2000

BANK OF NOVA SCOTIA
TRUST COMPANY ACT, 2000

CONTENTS

Wednesday 29 November 2000

KMFC Holdings Inc. Act, 2000, Bill Pr28, Mr Ouellette
Mr Jerry J. Ouellette, MPP
Mr Joel Palter

Municipality of Sioux Lookout Act, 2000, Bill Pr31, Mr Hampton
Mr John McDonald

Canadian National Exhibition Association Act, 2000, Bill Pr32, Mr Kells
Mr Morley Kells, MPP
Mr Gerald Charney

Bank of Nova Scotia Trust Company Act, 2000, Bill Pr26, Mr Mazzilli
Mr Stephen Clark

STANDING COMMITTEE ON REGULATIONS AND PRIVATE BILLS

Chair / Présidente
Ms Frances Lankin (Beaches-East York ND)

Vice-Chair / Vice-Président

Mr Garfield Dunlop (Simcoe North / -Nord PC)

Mr Gilles Bisson (Timmins-James Bay / -Timmins-Baie James ND)
Mrs Claudette Boyer (Ottawa-Vanier L)
Mr Brian Coburn (Carleton-Gloucester PC)
Mr Garfield Dunlop (Simcoe North / -Nord PC)
Mr Raminder Gill (Bramalea-Gore-Malton-Springdale PC)
Mr Pat Hoy (Chatham-Kent Essex L)
Ms Frances Lankin (Beaches-East York ND)
Mr Bill Murdoch (Bruce-Grey PC)

Substitutions / Membres remplaçants

Mr Jerry J. Ouellette (Oshawa PC)

Also taking part / Autres participants et participantes

Mr Morley Kells (Etobicoke-Lakeshore PC)

Clerk pro tem/ Greffière par intérim

Ms Tonia Grannum

Staff / Personnel

Ms Susan Klein, legislative counsel

The committee met at 1000 in room 1.

KMFC HOLDINGS INC ACT, 2000

Consideration of Bill Pr28, An Act to revive KMFC Holdings Inc.

The Vice-Chair (Garfield Dunlop): Good morning, everyone. We're going to call the meeting to order.

The first order of business is Bill Pr28, an Act to revive KMFC Holdings Inc. The sponsor is Mr Gerry Ouellette. I'd like to ask Mr Ouellette and the applicant if they would like to come forward, please.

Mr Jerry J. Ouellette (Oshawa): Thank you, Mr Chair. Just a brief summary: the company was brought forward in 1988 and was dissolved in 1996. Through a series of errors in the dissolution the reality was that there were some holdings that needed to be addressed at that time and the company has to be revived in order to address those holdings.

We've brought the individuals forward and I believe we can introduce ourselves. They have a presentation, should we like, or I'll leave it to your discretion, Chair, as to how you'd like to handle it.

The Vice-Chair: Please introduce yourselves. If we can have a brief presentation, that would be fine.

Mr Joel Palter: Good morning. My name is Joel Palter. I'm the lawyer for the applicants. This is Mrs Ruth Kaaz and Mr Harold Kaaz.

Briefly, the company was dissolved. At the time it was dissolved, Mr and Mrs Kaaz were the sole officers and directors of the company. The sole shareholder of the company was a company called Dlorah Zaak Investments Ins. Mr and Mrs Kaaz are still, and were at that time, the sole officers, directors and shareholders of that company. All the voting shares are held by them. Mr Kaaz holds some of the voting shares in trust only for their children, so basically it is their company.

Back in 1989, KMFC Holdings was a nominee and trustee for Dlorah Zaak Investments with respect to specific property. Inadvertently, everyone forgot that to be the case and, come 1996, the Kaazes no longer thought they needed KMFC Holdings and they dissolved it. It certainly had no assets. It simply was a trustee for their existing company.

I'm happy to answer any more specific questions.

The Vice-Chair: Are there any questions from the committee? Mr Ouellette, do you have anything to add to that?

Mr Ouellette: No, not necessarily, Chair. I think that kind of explains the situation.

The Vice-Chair: Can I ask the parliamentary assistant if there are any questions from the government.

Mr Brian Coburn (Ottawa-Orléans): No, there are none and we have received no objections.

The Vice-Chair: Are the members ready to vote on this? OK.

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Yes.

Thank you very much, sir.

Mr Palter: Thank you very much.

The Vice-Chair: That's the way government works around here.

MUNICIPALITY OF SIOUX
LOOKOUT ACT, 2000

Consideration of Bill Pr31, An act to change the name of The Corporation of the Town of Sioux Lookout to The Corporation of the Municipality of Sioux Lookout.

The Vice-Chair: We're going to number 3, Bill Pr31. Is it OK with the committee if we go on without Mr Hampton? He is not available this morning. Does anybody disagree with that?

Mrs Claudette Boyer (Ottawa-Vanier): No problem.

The Vice-Chair: Would the applicant introduce himself and carry on with any comments he may have.

Mr John McDonald: I'd like to introduce our chief administrative officer, John Baird, and our administrative assistant, Twyla Nicholson. I myself am the mayor of the now town of Sioux Lookout, and I want to thank you very much for allowing us to come here today to make this presentation.

1010

The Vice-Chair: Acclaimed, at that.

Mr McDonald: Thank you. Yes, I was very honoured to receive that.

We amalgamated in 1998 under a commissioner's restructuring order and the name of our community was not dealt with at that time. There was a suggestion that it be put on a ballot and have the people decide if they wanted a name change, but the council of the time elected not to do that. We just finished our third year of amalgamation. It has become abundantly clear that we are no longer a town, we are now a municipality, especially when you look at the other restructuring orders that are taking place across the province that are similar to ours. Their names have been changed to "municipality", which more adequately fits the situation. I might add we grew from six square kilometres to 536 square kilometres, so that gives you an idea of the size of our community.

There has been some concern among some of our residents that there is a large cost associated with this. Our council has clearly demonstrated that we are not going to automatically change all of our letterhead immediately because it's not necessary. As the supplies are used up and we replace them, we'll replace them with the new name. The only two things that require immediate change would be our corporation seal and maybe our parking tickets. Other than that, we're not looking at a major expense for this name change.

I personally and council have worked hard to try and unify our community and we feel that calling it a municipality more adequately fits our situation. I think that's about all I would like to say about the application.

The Vice-Chair: Does anyone else have any comments on this application? I ask the parliamentary assistant if he has any comments.

Mr Coburn: I'd just like to report that we have no objections from any of the ministries. I'd just like to point out as well that this has been quite a process for you, and, hopefully, with the passage of the red tape bill, this is something that in the future has eliminated this convoluted process and municipalities will be able to move on and be able to do it.

The Vice-Chair: Do any of the committee members have any questions? Is everyone ready to vote?

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall section 4 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Carried.

Thank you very much. Is there any snow up there?

Mr McDonald: About five inches, but it's fairly mild.

The Vice-Chair: Are you expecting a good snowmobile winter?

Mr McDonald: We didn't have a good one last year, but I hope this year.

The Vice-Chair: Good luck. Thanks for being here.

Mr McDonald: Thank you very much.

CANADIAN NATIONAL EXHIBITION
ASSOCIATION ACT, 2000

Consideration of Bill Pr32, An Act respecting the Canadian National Exhibition Association.

The Vice-Chair: The committee will go back to Bill Pr32, An Act respecting the Canadian National Exhibition Association. The sponsor is Mr Morley Kells.

Mr Morley Kells (Etobicoke-Lakeshore): Good morning. I have with me today Mr Charney. He's been representing the Canadian National Exhibition Association as long as I can remember. We were here some 15 or 20 years ago doing something similar. The bill is straightforward. The explanatory note is short. The exhibition association has applied for special legislation to alter the composition of its membership and of its board of directors. Of course, the government feels that this is in order. It's laid out there in detail. I'm sure Mr Charney would be happy to answer any questions you have.

The Vice-Chair: Do you have any questions yourself, sir?

Mr Gerald Charney: I don't. I have been here on three other occasions over the years amending the legislation.

The Vice-Chair: Do any committee members have questions?

Mr Pat Hoy (Chatham-Kent Essex): The membership of the association is divided into four sections and you put specific numbers to membership, for example, from the municipal section, "not to exceed 27 members." Are these membership numbers changing with the passage of this bill or do they remain the same?

Mr Charney: The municipal section numbers have changed. The municipality used to nominate 15 members at large and the association is taking it upon itself to nominate the 15 members at large. We feel we are closer to the local community than municipal council, and with their approval they have transferred that at-large membership to us. In that sense it's changing.

Mr Hoy: Are any of the other membership sections changing?

Mr Charney: No.

Mr Hoy: They remain the same.

The Vice-Chair: Any other questions? Does the parliamentary assistant have any comments on this?

Mr Coburn: No. We have no objections. In fact, we hadn't heard from the city of Toronto and staff have tried on a number of occasions to contact them to see if they had any concerns. We hadn't received a reply so it can't be something of any concern to them. So we have no objections.

Mr Kells: They're too busy running an independent country.

Interjection: They have other items on their plate.

The Vice-Chair: Are the members ready to vote on this?

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall section 4 carry? Carried.

Shall section 5 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Agreed.

Thank you very much, sir.

BANK OF NOVA SCOTIA
TRUST COMPANY ACT, 2000

Consideration of Bill Pr26, An Act respecting The Bank of Nova Scotia Trust Company and National Trust Company.

The Vice-Chair: May I have the indulgence of the committee to proceed without Mr Mazzilli? He is on his way in to work.

This bill has gone to the estate commissioners. I have a report back and will read it out. It is to Mr DesRosiers, the Clerk of the Legislative Assembly.

"Dear Mr DesRosiers:

"Report pursuant to section 58, Legislative Assembly Act

"Re: Bill Pr26, An Act respecting The Bank of Nova Scotia Trust Company and National Trust Company

"We are of the opinion that the bill in its present form, attached, should pass.

"Dated this 7th day of November, 2000."

It is signed by Susan Greer and John D. Ground, the estate bill commissioners.

I would ask the applicants to introduce themselves, please, and make any comments they may have on the bill.

Mr Stephen Clark: I'm Stephen Clark. I'm a partner with the law firm of McCarthy Tétrault. With me is Rory MacDonald, who is the president and chief executive officer of the Bank of Nova Scotia Trust Co.

The Vice-Chair: Do you any kind of presentation or comments you would like to make?

Mr Clark: We can give a short introduction, if that would be helpful.

The Vice-Chair: That would be great.

Mr Clark: The bill that is before you now is similar to one that was presented a couple of years ago. If we back up a bit, as most of us are aware, the Canadian banks acquired the trust companies and, beginning with the acquisition by the Bank of Nova Scotia of Montreal Trust Co back in 1994, a couple of years later, the Bank of Nova Scotia requested that all of the personal trust business that was in Montreal Trust be moved to the Bank of Nova Scotia Trust Co. The only way to accomplish that is to either appear before a judge and request that each and every estate where an individual executor or trustee has been named, and that was naming Montreal Trust, be moved to Scotia Trust-that's a huge process and burden on the courts. The other problem is that many of the individual trustees or executors do not exist to consent personally, because they are now deceased, with the result that the only way the personal trust business can be moved from one trust company to another is with private legislation.

Accordingly, the Bank of Nova Scotia Trust Co appeared a couple of years ago and asked that it be moved to the Bank of Nova Scotia Trust Co. A private bill was done doing that and was similarly enacted in each of the provinces of Canada.

The Toronto-Dominion Bank has done exactly the same thing with respect to its personal trust business. Then, finally, here we are now in 1997, when the Bank of Nova Scotia acquired the National Trust Co. So this bill similarly moves all of the personal trusts over from National Trust Co to the Bank of Nova Scotia Trust Co. The Bank of Nova Scotia Trust Co assumes all of the obligations with respect to each of those trusts, therefore there is no impact on any one of the individual trusts that moves over. That's a brief explanation of what this is about.

The Vice-Chair: Thank you. Are there any questions by any of the committee members on this?

Mrs Boyer: I'm just wondering about the letter you reported to us from Madam Justice Susan Greer. Why is this coming to us? Because they had already applied to the court, or what? I'm just curious to see that a judge would write such a letter.

Clerk Pro Tem (Ms Tonia Grannum): No. What happens is, this bill had an estate provision so it had to be referred to the Commissioners of Estate, and then they report back to the committee. This is their report.

Mrs Boyer: OK. I was just wondering if it's not a personal matter. Thank you.

The Vice-Chair: Does the parliamentary assistant have any comments on this?

Mr Coburn: No, other than to tell you that from circulation to the various ministries affected there's no objections to it at all.

The Vice-Chair: Are the members ready to vote on this bill?

Shall section 1 carry? Carried.

Shall section 2 carry? Carried.

Shall section 3 carry? Carried.

Shall section 4 carry? Carried.

Shall section 5 carry? Carried.

Shall section 6 carry? Carried.

Shall section 7 carry? Carried.

Shall section 8 carry? Carried.

Shall section 9 carry? Carried.

Shall the preamble carry? Carried.

Shall the title carry? Carried.

Shall the bill carry? Carried.

Shall I report the bill to the House? Yes.

Thank you very much, sirs.

Is there anything else we have for the committee? No. With that, we stand adjourned.

The committee adjourned at 1023.