Thank you, Mr. Speaker. I give notice that on Wednesday, August 24, 2011, I will move that Bill 24, Supplementary Appropriation Act (Infrastructure Expenditures), No. 2, 2011-2012, be read for the first time.
Thank you, Mr. Roland. Item 17, motions. Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Committee Report 6-16(6), Report on the Review of Bill 10, Northwest Territories Heritage Fund Act; Bill 9, Wildlife Act; Bill 10, Northwest Territories Heritage Fund Act; Bill 15, An Act to Amend the Deh Cho Bridge Act; Bill 16, An Act to Amend the Motor Vehicles Act; Bill 17, An Act to Amend the Territorial Parks Act; Bill 18, An Act to Amend the Public Utilities Act; Bill 22, An Act to Amend the Territorial Court Act; and Bill 23, Tobacco Damages and Health Care Costs Recovery Act, with Mr. Krutko in the chair.
I’d like to call Committee of the Whole to order. We have Committee Report 6-16(6), Bills 9, 10, 15, 16, 17, 18, 22, 23. What is the wish of committee? Mrs. Groenewegen.
Thank you, Mr. Chairman. The committee today wishes to deal with Bill 15, An Act to Amend the Deh Cho Bridge Act; Bill 16, An Act to Amend the Motor Vehicles Act; Bill 17, An Act to Amend the Territorial Parks Act; and Bill 18, An Act to Amend the Public Utilities Act. Thank you, Mr. Chairman.
Committee concur?
Agreed.
So with that, we’ll take a short break and begin with Bill 15 in that order.
---SHORT RECESS
I’d like to call Committee of the Whole back to order. Prior to the break we agreed to begin with Bill 15, An Act to Amend the Deh Cho Bridge Act. At this time I would like to ask the Minister responsible for the bill if he has any opening comments. Minister McLeod.
Mr. Chairman, I am pleased to present Bill 15, An Act to Amend the Deh Cho Bridge Act, which proposes amendments to update the act to reflect changes and advancements in the Deh Cho Bridge project. The Deh Cho Bridge will provide all-day, year-round access across the Mackenzie River, replacing the operations of the Merv Hardie Ferry and the Mackenzie River ice crossing, and this bill makes three main amendments to support these future operations.
First, all reference to the Deh Cho Bridge Fund is being removed. This special fund is no longer needed, now that the Government of the Northwest Territories has assumed control of the project.
We are also implementing shared liability for tolls. This means that both the registered vehicle owner and the driver may be liable for tolling offences. An automated toll collection system is in development and will allow for more efficient trucking operations by not requiring all commercial vehicles to stop and pay their toll on site. To ensure proper enforcement as part of this system, we require the ability to charge either the driver or the registered owner of the vehicle for tolling offences.
Finally, Bill 15 provides the authority to make regulations respecting the use of commercial vehicle transponders. A transponder is an industry-standard device that receives and transmits a radio signal to identify an individual vehicle to a computer system. When a commercial driver uses a transponder, our computer will identify the vehicle for a toll, allowing the driver to continue without delay. Transponders will also reduce administrative burdens on both the department and commercial operators.
Mr. Chair, these are relatively minor administrative amendments, but they are also necessary to reflect changes to the project and for the department to move forward with implementation of the toll collection system. Thank you.
Thank you, Mr. Minister. With that, I’d like to ask the Minister if he would bring in any witnesses. Mr. McLeod.
Yes, Mr. Chair.
Is committee agreed that the Minister bring in his witnesses?
Agreed.
Sergeant-at-Arms, bring the witnesses in.
Mr. Minister, for the record, could you introduce your witnesses.
Mr. Chairman, on my left I have Mr. Russell Neudorf, deputy minister of the Department of Transportation, and on my right I have Ms. Kelly McLaughlin, legislative counsel with the Department of Justice.
Thank you, Mr. Minister. Welcome, witnesses. General comments in regard to Bill 15, An Act to Amend the Deh Cho Bridge Act. Any comments? Mr. Ramsay.
Thank you, Mr. Chair. The Standing Committee on Economic Development and Infrastructure met on August 16, 2011, to review Bill 15, An Act to Amend the Deh Cho Bridge Act. Following the public hearing and clause-by-clause review, a motion was carried to report to the Assembly that Bill 15 is ready for consideration in Committee of the Whole. This concludes the committee’s general comments on Bill 15. Individual Members may have additional questions or comments as we proceed. Thank you.
Thank you, Mr. Ramsay. General comments, Bill 15. Detail. Turn to page 1, clause 1.
---Clauses 1 through 6 inclusive approved
Does committee agree we have concluded clause-by-clause?
Agreed.
The bill as a whole?
Agreed.
Does committee agree that Bill 15 is ready for third reading?
Agreed.
Agreed. Bill 15 is now ready for third reading.
---Bill 15 as a whole approved for third reading
With that, thank you, Mr. Minister, thank you, witnesses.
As we agreed, the next bill we begin with is Bill 16, An Act to Amend the Motor Vehicles Act. Minister of Transportation, Mr. McLeod, do you have opening comments?
Yes, Mr. Chairman, I do. Mr. Chairman, I’m pleased to present Bill 16, An Act to Amend the Motor Vehicles Act, which addresses the issue of distracted driving posing a restriction on the use of handheld electronic devices, such as cell phones, music players, tablet devices, and personal digital systems while driving. This bill also proposes a raise in the threshold for mandatory reporting of a collision from $1,000 to $2,000 and provides a mechanism to restrict services for unpaid fines under the Deh Cho Bridge Act.
We will be joining 11 other Canadian jurisdictions in prohibiting the use of handheld electronic devices while driving. This legislation is not just for cell phones, it restricts all handheld electronic devices that could increase the risk of a collision if used while driving. This action supports our continued efforts to improve road safety in the Northwest Territories.
In our consultations we have heard growing concern about the number of collisions and near misses that occur because someone was paying more attention to their phone or other device than to their driving. Both the enforcement community and municipal governments have indicated their support for this legislation.
I continue to believe that public information and education is important to produce long-term changes in behaviour. This past January our Drive Alive program launched its Leave the Phone Alone pledge campaign which will continue this fall with the distribution of our new poster. We will also be working with Radio Taiga to prepare a French language campaign. I encourage all Members to take the pledge to leave the phone alone while driving, and more pledge stickers are available for any interested Members. With the help of the department, members of Students Against Drinking and Driving, or SADD, will also be creating distracted driving radio public safety announcements.
Bill 16 also addresses accident reporting. The property damage threshold for reporting accidents to the policy is being raised from $1,000 to $2,000. This threshold is nationally harmonized by the Canadian Council of Motor Transport Administrators, of which the Northwest Territories is a member. The amended threshold supports our continued contribution to statistical reporting based on common national standards.
The third set of amendments addresses service restrictions for unpaid fines. Under the Motor Vehicles Act, services like vehicle registration and driver licensing may be withheld from clients with outstanding fines under our acts and regulations. Bill 16 extends this list to outstanding fines under the Deh Cho Bridge Act and its regulations. This will ensure consistency in our policies.
I would also note that if this bill is approved, the department would plan to bring this legislation into force on January 1, 2012, providing time needed to draft the required regulations pursuant to this bill, and to inform drivers about the upcoming changes.
Together, these amendments advance our continuing goal of improving road safety for all NWT residents and visitors to our territory. Thank you.
Thank you, Mr. Minister. At this time I’d like to call on the standing committee which has reviewed the bill if they want to make any comments in regard to the bill. Economic Development and Infrastructure, Mr. Ramsay.
Thank you, Mr. Chairman. The Standing Committee on Economic Development and Infrastructure held public hearings on Bill 16, An Act to Amend the Motor Vehicles Act, during the months of May and June 2011, in Yellowknife, Deline, Norman Wells, Fort Good Hope, Fort Liard, Jean Marie River, and Fort Simpson. While the committee supports these amendments, some Members feel they could have gone further by addressing other distractions, such as hands-free devices, personal grooming, and dogs riding in vehicles. Members also raised concerns about the effect of the legislation on drivers travelling on winter roads where safety requires the use of communication devices; for example, to warn of obstructions or large vehicles ahead. The committee urges the government to ensure exempting regulations are made to allow for the use of handheld devices where warranted by safety considerations, such as those presented by our winter roads.
During the clause-by-clause review of the bill on August 17, 2011, the committee passed and the Minister concurred with two non-substantive amendments as requested by the government. Following the clause-by-clause review, a motion was carried to report Bill 16 to the Assembly as ready for Committee of the Whole as amended and reprinted. This concludes the committee’s general comments on Bill 16. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chair.
Thank you, Mr. Ramsay. At this time I’d like to ask the Minister if he’ll be bringing in any witnesses. Mr. McLeod.
Yes, Mr. Chair.
Does committee agree?
Agreed.
Sergeant-at-Arms, escort the witnesses in.
For the record, Mr. Minister, can you introduce your witnesses.
Mr. Chairman, on my left is Mr. Russell Neudorf, deputy minister of the Department of Transportation. On my right is Ms. Kelly McLaughlin -- sorry, Mr. Chairman, on my right is Ian Rennie, legislative counsel with the Department of Justice.
---Laughter
Thank you, Mr. Minister. Welcome, witnesses. General comments. Ms. Bisaro.
Thank you, Mr. Chair. I think it’s a good thing that the Minister is not sitting in a car.
---Laughter
Thank you, Mr. Chair. I’d like to say at the outset that I’m extremely pleased to see that these amendments have finally come to this point. I think it’s a good start. I am one of those people who believe that we ought to be also legislating against the use of hands-free devices in a vehicle. They’ve been proven to be as distracting as many other things. I know the Minister feels that it is covered under the Motor Vehicles Act under penalties for distracted driving. I would hope that in a year or two’s time that we will do an evaluation of the effect of this particular change in our Motor Vehicles Act and that we will evaluate the effect that banning cell phones has had and consider banning hands-free as well.
I think it’s important to note that the NWT Association of Communities supports this bill and they wrote to committee and also, I believe, to the Minister, to express that support. They represent all of our communities and I think this is an issue that is going to affect all NWT residents no matter where they reside.
I also noted at the end of June of this year there was a little note in the Yellowknifer paper on the 29th of June from the RCMP urging motorists not to use cell phones, that summer was coming up and kids were out of school. They, as well, recognized the dangers of driving and using cell phones at the same time. They see the results of accidents that occur. It’s a small wonder that the RCMP is supporting this kind of a change.
Certainly I will not be voting against this motion, but again I do hope that in a couple of years’ time there is an evaluation of the effect that this ban is having on our traffic accidents, and that we will then consider to make it even more restrictive for people driving distractedly and put greater penalties in place.
Thank you, Ms. Bisaro. I’ll allow for all the individuals to make general comments and then we’ll go to the Minister for responses. Next I have Mr. Bromley.
Thank you, Mr. Chairman. I appreciate this opportunity to comment on this legislation. I want to start by saying that I’m pleased to see this legislation come forward. This legislation does begin to address the many, many constituent concerns that have been raised from my Weledeh constituents who have had near misses as they’re walking along the road, some in vehicles. This is a real concern and I believe this is a sincere effort on the side of the department to address this.
Unfortunately, however -- and I cite largely the material provided by the department here -- this doesn’t go far enough. Citing from these documents, the first thing I want to note is that a consistent message in the literature is that hands-free cell phone use when driving is no safer than handheld use.
Parsing into that a little bit and looking at the credibility of the research behind that statement, I want to note that the Canadian Automobile Association, the CAA, has argued that it is not enough to ban drivers from using handheld cell phones, because research shows that hands-free devices are just as dangerous. My concern here is that our public will have a false sense of security. I want to basically let them know that this is a good start but they cannot afford to let their guard down when they’re out walking, because of this legislation. There’s no evidence that this goes far enough.
Another example, the most recent study published on January 29, 2010, by the U.S. Highway Loss Data Institute highlights the concern that handheld cell phone bans offer little real safety benefit. The department has also provided me with information research from the American Automobile Association Foundation for Traffic Safety which has shown that drivers have a false perception that hands-free devices are safer. They point out that the conversation is the primary distraction and not the device itself.
Complicating the use or the matter of parsing this out is the lack of statistics respecting how effective the law is in reducing the number of jurisdictions. So whereas research shows this it’s very difficult to demonstrate it on the basis of statistics, that’s largely because there are no jurisdictions currently collecting specific data on collisions caused by cell phone use. I want to acknowledge that that is a challenge. What is tragic here is that I have not yet heard the Minister commit to any effort to gather statistics for the basis of an evaluation on which this legislation could be improved, if the evaluation demonstrates it needs to be. Having made this point, I want to ask the Minister again, will the department collect the appropriate statistics to enable them to evaluate the effect of this legislation and return to it to bump it up as that evaluation indicates.
Next I have Mr. Abernethy and Mr. Hawkins. Mr. Abernethy.
Excuse me, Mr. Chair. I’d like an answer to that question.
We were going through...
---Interjection
As we began, I noted, after Ms. Bisaro, that I will allow all individuals to speak and allow the Minister to answer the questions after you do your general comments. Mr. Abernethy.
Thank you, Mr. Chairman. I think this is an important piece of legislation. I’m glad to see it finally coming through. I thank the Minister and the department for doing the work to bring it forward, including the research that was identified and quoted from by my colleague Mr. Bromley. Every one of us I think has seen or almost been involved in an incident resulting from somebody who is driving while distracted. The incidents that I’ve witnessed have almost always been when somebody’s texting, which is a significant distraction, in my mind, and/or dialling a phone. I’ve seen a number of them a lot closer than I’d like to have seen. So I’m happy that this piece of legislation is coming through. I think it’s important. I think it’s a great first step. Eventually we may get to the point that my colleagues are talking about, but for now I think this is a really good first step and I’m happy that the department is taking it. Those are my general comments.
Thank you, Mr. Abernethy. Next I have Mr. Hawkins.
Thank you, Mr. Chairman. I want to thank the Minister and the department for bringing forward these amendments to the Motor Vehicles Act. I feel strongly that road safety is more than a convenience; it’s a right for all. Often at times we forget about the privileges and rights we take advantage of and start to turn privileges into rights and get confused by what they really mean. The fact is we do have a right to want to feel safe and be safe on those roads, and this amendment addresses one of the privileges that people are using at this time and I look forward to the change on the roads. Whereas people are using the cell phones as a distraction and it does put safety at a compromise for pedestrians and other drivers alike.
This is a real compromise that I think will move forward for public safety. I’m confident the steps taken by Bill 16 will ensure that our roads are that little more safer, which is really where the laws are finally evolving to address modern times and realities. When laws were conceived in the Motor Vehicles Act back in the day, cell phones weren’t an issue at the time. Now they have to be re-addressed in a way that responds to the changing of the times.
I’ve raised this issue of distracted driving, like a number of my colleagues here, on numerous occasions. I suspect every one of us is very pleased to see that the department has heard the concerns. I’m grateful for that and I suspect my colleagues are grateful as well.
The Minister, as I’ve raised questions in the House, has recognized the importance of these particular issues, and I will truly say that, although there was much jousting in question period over the years, to hear him today read his comments to the record really shows that the department and the Minister have heard the concerns raised by many. In my view, personal responsibility is important, but clearly Bill 16 is one of those things that help address an area where the individual responsibility has taken over and forgets about others on the road.
I’ve said, and I continue to say, that this issue is really not just about distracted driving but about public safety. I think this is putting public safety first, which is important. It’s not just my voice or my colleagues’ voices in this House that demonstrate the importance of this particular matter; we’ve heard this echoed by many people. Some of the champions, as we know, are SADD -- in this case they call themselves Students Against Distracted Driving -- the City of Yellowknife has spoken in favour of this, the NWTAC has spoken in favour of this, a number of my constituents have echoed serious concerns about this particular issue. Many provinces have all recognized the importance of addressing this particular issue in one form or another.
Many will say that the downside of having to give up the right -- or I call it privilege -- of being able to use their phone while they’re driving is quite challenging and unfair, but the downside is quite low when you think about it. The downside is that when people have their phone ring and they still feel the urge or necessity to answer it, all they need to do is pull over and answer it. To me the downside really is low when you balance out the impact by taking that call what could happen.
I had spoken to a constituent of mine, Michele Thoms, on many occasions on this particular one. She’s the SADD student advisor over at St. Patrick High School. She had invited me in to talk to the students a couple of years ago regarding this particular problem, and the youth themselves recognized how important it is to have modern legislation address, attack, and certainly solve problems out there. To them, they couldn’t understand why years ago the government hadn’t responded quicker to address this particular problem.
I’m just going to wrap up by saying I thank the department and the Minister for seeing that this is an important issue to respond to. I’m glad that we’re responding to it in our mandate within this 16th Assembly. It would have been disappointing if it had continued to drag on, but clearly the government recognizes how important this need is for public safety on our roads. Of course, we all know the challenge of regulating and managing good behaviour of everyone is always a difficult one, but this is just one more step to make sure that our roads are safe for others.
As cited already by I think Mr. Abernethy and maybe even Ms. Bisaro, people can provide countless stories until the cows come home about driving experiences where they’ve seen people drive through red lights, not stop at stop signs, near misses of pedestrians, people driving and wandering all over the roads, and all while using their cell phones in one form or another. Does this law answer every particular problem? I suspect it doesn’t, but I’ll certainly say it’s an effort worth noting, and a compliment needs to go to the department and all those involved who took the time to respond and encourage the department to address this issue.
Thank you, Mr. Hawkins. Next I have Mr. Jacobson, Mr. Yakeleya, Mrs. Groenewegen. Mr. Jacobson.
Thank you, Mr. Chairman. Basically I’m happy to see this bill come forward, An Act to Amend the Motor Vehicles Act. I’m in full support of it. The communities in our riding that do have cell service, it’s just good safety for the children in the communities that we represent. I’m in full support of the bill.
