Debates of March 5, 2014 (day 23)

Date
March
5
2014
Session
17th Assembly, 5th Session
Day
23
Speaker
Members Present
Hon. Glen Abernethy, Hon. Tom Beaulieu, Ms. Bisaro, Mr. Blake, Mr. Bouchard, Mr. Bromley, Mr. Dolynny, Mrs. Groenewegen, Mr. Hawkins, Hon. Jackie Jacobson, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Moses, Mr. Nadli, Hon. David Ramsay, Mr. Yakeleya
Topics
Statements

Court services, not previously authorized, $597,000.

Speaker: SOME HON. MEMBERS

Agreed.

Total department, not previously authorized, $1.904 million.

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Page 9, Education, Culture and Employment, operations expenditures, directorate and administration, not previously authorized, negative $150,000.

Speaker: SOME HON. MEMBERS

Agreed.

Education and culture, not previously authorized, negative $100,000.

Speaker: SOME HON. MEMBERS

Agreed.

Total department, not previously authorized, negative $250,000. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Page 10, Transportation, operations expenditures, highways, not previously authorized, $400,000.

Speaker: SOME HON. MEMBERS

Agreed.

Total department, not previously authorized, $400,000.

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Does committee agree that we’ve concluded consideration of Tabled Document 52-17(5), Supplementary Estimates (Operations Expenditures), No. 4, 2013-2014?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Ms. Bisaro.

COMMITTEE MOTION 28-17(5): CONCURRENCE OF TABLED DOCUMENT 52-17(5), SUPPLEMENTARY ESTIMATES (OPERATIONS EXPENDITURES), NO. 4, 2013-2014, CARRIED

Thank you, Mr. Chair. I move that consideration of Tabled Document 52-17(5), Supplementary Estimates (Operations Expenditures), No. 4, 2013-2014, be now concluded and that Tabled Document 52-17(5) be reported and recommended as ready for further consideration in formal session through the form of an appropriation bill. Thank you.

Thank you. The motion is in order. The motion is carried.

---Carried

I’d like to thank Mr. Kalgutkar and Mr. Aumond for joining us this evening. Thanks for your time. Sergeant-at-Arms, if you could escort the witnesses out of the Chamber, please.

Committee, as previously discussed, we are going to commece review of Bill 5, An Act to Amend the Motor Vehicles Act. Before we do, I’d like to draw your attention to the gallery. We have some members here from the Department of Transportation road licensing and policy staff. We have Ms. Gabrielle Moser and Ms. Meagan Birch. Thank you for joining us today.

---Applause

With Bill 5, An Act to Amend the Motor Vehicles Act, we’ll turn it over to the Minister responsible for this bill, Minister Beaulieu.

Amendments proposed under Bill 5 will improve driver and motor vehicle services provided to the public and will improve the safety of our transportation system.

The department is in the process of expanding the High Risk Drivers Program. Through this program, the Department of Transportation will address the risks to public safety posed by drivers that are continually caught driving while impaired or engaged in other high risk activities such as excessive speeding or reckless driving. The changes proposed in Bill 5 will allow the registrar more options and flexibility regarding driver’s licence sanctions, reinstatement conditions, duration of suspensions, and cancellations. Extending the registrar’s authority will allow the department to tailor sanctions and remedial actions to the specific needs of the offender.

Changes are also introduced that will improve service for clients with driving restrictions related to medical conditions. The proposed amendments will allow the registrar the authority to request medical examinations and additional driver testing. This provision will ensure accuracy and fairness in determining driver fitness. The registrar will also be able to suspend a licence, instead of just being able to cancel a driver’s licence. This will reduce the administrative burden and hoops clients will have to go through to have a licence re-instated in the case of short-term medical conditions that would restrict driving.

The protection of a client’s personal information is critical to the department. Amendments proposed in the bill will allow the registrar more discretion relating to the disclosure of personal information and the circumstances under which it can be used. The amendments also reduce duplication for items already covered in the Access to Information and Protection of Privacy Act.

The department is constantly amending processes to improve service delivery to clients. We have recognized the need for more flexibility in relation to renewal options for driver licences. With the proposed amendments, clients will be able to renew their licence one year in advance of expiry and extend its validity by up to three months. This will enable students and other individuals who are away from home for extended periods of time more flexibility if their renewal dates occur during a period they are away.

It is proposed that certificates of registration will have their validity extended up to 18 months, a requirement related to the implementation of on-line services. On-line services already include e-notification services to remind clients when it is time to renew and vehicle registration renewals. The expansion of on-line driver and motor vehicle services is part of the GNWT’s Service Innovation Strategy to help meet the 17th Assembly goal of effective and efficient government by reducing red tape and making it easier for NWT residents and businesses to access the information and services they need.

Additional safety-related amendments include the restriction of individuals from riding on motorcycles if they cannot reach the foot-pegs or floorboards, removing the prohibition on the use of red and amber lights, and more clearly defining school and construction zones. Proposed amendments also clarify who can be held liable if a child is not properly secured in a vehicle and extend the liability for any Motor Vehicles Act offence to drivers or owners of commercial vehicles.

Finally, the bill includes amendments to address various administrative matters, including spelling, grammar, paragraph structure and formatting errors. Outdated terms are proposed to be repealed and new terms defined. These miscellaneous amendments will improve the overall clarity and understanding of the Motor Vehicles Act.

Together, the amendments advance our continuing goal of improving road safety and services we provide to all NWT residents and visitors to our territory. Thank you, Mr. Chairman.

Thank you, Mr. Beaulieu. With that, we’ll ask the chairman of the Standing Committee on EDI if they have any comments on the bill. Mr. Hawkins.

Thank you, Mr. Chairman. I will read them into the official record at this time. Bill 5, An Act to Amend the Motor Vehicles Act, includes amendments to the Motor Vehicles Act to increase options and flexibility regarding drivers’ licences and sanctions, reinstatement conditions, duration of suspension and cancellation to support the NWT High Risk Drivers Program, to clarify the registrar’s authority and responsibilities of medical professionals respecting driver medical examinations and requirements, and to address offence provisions related to driving in school zones and construction zones and other public safety provisions.

The Standing Committee on Economic Development and Infrastructure conducted a public hearing on Bill 5 in Yellowknife on January 22, 2013. The committee heard comments from members of the Yellowknife and the NWT Seniors’ societies regarding issues including medical fitness examination. The committee also received a written submission from an NWT private business owner regarding vehicle owner’s liability and the definition of an unsafe driver. The committee thanks all witnesses for their participation and thoughtful comments.

The committee decided that items were appropriately addressed through policy and existing regulations. Members support the proposed amendments and thank the Minister and his staff for presenting the bill.

Following the committee’s review, a motion was carried to report Bill 5, An Act to Amend the Motor Vehicles Act, to the Assembly as ready for further consideration in Committee of the Whole.

This concludes the opening remarks on Bill 5. Individual Members may have additional questions and comments as we proceed.

Again, I want to thank those folks who did come out to the public hearing, especially the written submission by someone from the Hay River community. I appreciate the effort the public has put into this bill.

Thank you, Mr. Hawkins, for the comments from the committee. Minister Beaulieu, do you have witnesses that you’d like to bring into the House today?

Thank you, Mr. Chairman. Yes, I do.

Thank you, Minister Beaulieu. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Sergeant-at-Arms, if you could please escort the witnesses in.

Minister Beaulieu, for the record, if you can introduce your witnesses to the House, please.

Thank you, Mr. Chairman. To my left is Russell Neudorf, deputy minister of Transportation. To my immediate right is Steve Loutitt, director of road licensing and safety, Transportation. To my far left is Ian Rennie, legislative counsel, Department of Justice.

Thank you, Mr. Beaulieu. Mr. Rennie, Mr. Loutitt, Mr. Neudorf, welcome to the Chamber this evening. Committee, general comments. Ms. Bisaro

Thank you, Mr. Chair. I just have a question which came from a constituent, and I don’t believe it was addressed. It certainly wasn’t addressed at the public hearing when I was there. The question is this: Do the changes in the act and the act in general apply to quad vehicles?

Thank you, Ms. Bisaro. Minister Beaulieu.

Thank you, Mr. Chairman. They do not. They are a part of the ATV Act.

That’s good. Thanks very much. I guess, not knowing the ATV Act, maybe the Minister can advise whether or not the ATV Act needs changes similar to what we’ve done for the Motor Vehicles Act to make sure that licensing and driver qualifications are where they should be for ATVs and quads.

I’m going to ask the deputy minister to provide more detail on that.

Thank you, Minister Beaulieu. Deputy Minister Neudorf.

Speaker: MR. NEUDORF

Thank you, Mr. Chair. The ATV Act basically delegates the authority to municipalities to make bylaws related to ATVs, so if they wanted to make the changes then they could do that in the bylaws.

Thank you, Mr. Neudorf. Ms. Bisaro.

That’s good. Thank you.

General comments. I have Mr. Hawkins followed by Mr. Yakeleya. Mr. Hawkins.

Thank you, Mr. Chairman. I’m not going to spend a lot of time asking a bunch of questions, but a particular issue that has arisen, and I thought it was well dealt with both in committee and certainly by the department, which was one of the questions posed by our seniors community, of course, is the issue of having to do medical examination. Although I’m familiar with the answer, and I’ve taken the answer and accepted it, I do think that there are some people who are curious on the public record. Those who watch at home and, believe it or not, actually a lot of seniors do watch our proceedings at home, so they would probably like to hear the highlights that explain why at certain ages and when medical examinations need to be done and at what age. Rather than me trying to explain it here, I thought for everyone’s benefit, be it the public, the Minister could go through just sort of a general snapshot as to ages and the reason and where that falls under that authority.

Thank you, Mr. Hawkins. Minister Beaulieu.

Thank you, Mr. Chairman. Under Section 4.3 of this standard requires non-commercial drivers to complete a review of the driver’s fitness and undergo a medical at age 75, at age 80 again, and every two years over the age of 80.

The last question I’d like to ask, maybe in this particular area: Is this contiguous across Canada or do we find this happens in some regions versus others, and perhaps if they know off the top of their head or they’re familiar with any region, be it province or other territory, that requires a similar type of process where medical exams are required after a certain age. Again, this is an issue, actually, that had arisen during our discussion of this bill, inquired by some of the seniors and the public, although some who were there, I think, understood or appreciated the answer, but I would say there are some people at home who would still like to hear a little more detail on this. Thank you.

Thank you, Mr. Hawkins. For that we’ll go to Deputy Minister Neudorf.

Speaker: MR. NEUDORF

Thank you, Mr. Chair. In the NWT we follow the Canadian Council of Motor Transport Administrators, their recommendations for best practices. We did a review of other jurisdictions to see what they have on age requirements related to medical testing and there was no standard. Some of the jurisdictions do also follow the practice, others don’t and others have different requirements altogether. Thank you, Mr. Chair.

Thank you, Mr. Neudorf. Mr. Hawkins.

That is fine, Mr. Chairman, I just thought it was important because it was an issue that came up, and as I mentioned, it’s surprising how many seniors watch our proceedings and certainly read our Hansard. I guess they just love watching us and following us, so maybe that’s…(inaudible)… But that said, on a serious note, that was a real question brought forward and I thought it would be nice to hear it from the department and officials. Thank you.

Thank you, Mr. Hawkins. Continuing on with general comments, I have Mr. Yakeleya.

Thank you, Mr. Chair. The second paragraph to the opening remarks to Bill 5, I just want some clarification in regards to the driving restrictions related to medical conditions. The proposed amendment allows the registrar the authority to request a medical examination and additional driver testing.

Speaking from a small community such as Colville Lake or Deline or Tulita or Fort Good Hope and the Wells or any other small communities, the registrar has the authority to request a medical examination. We don’t have some of the facilities and resources in our communities for this request to come in, or for additional drivers testing. Is there some mechanism that would not delay a person from taking a proper… I don’t know what kind of medical testing, maybe just for the eyes; I don’t know. That registrar has the authority here even for additional driver testing. Can the Minister help me out here?