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

Thank you, Mr. Yakeleya. For that we will go to Mr. Loutitt.

Speaker: MR. LOUTITT

Thank you, Mr. Chair. The act changes allow the registrar discretionary power to request a medical, with reasonable grounds, and it’s something that we would have to do if it is for the safety of the highways. It is something that we would work with the clients to make sure that they can facilitate it in a timely manner.

I like that answer there, so I will see how we could work on that provision. Also, the provision will ensure accuracy and fairness in determining drivers’ fitness. I guess the mechanism… How do you determine a driver’s fitness, I guess, especially in the small communities? He may not look fit, but once you get an old-timer out in the bush, boy, they are fitter than us. So, how do you determine the fitness? You know, some of our elders are 75 or 80 but they are more fit than us sitting around this table here. You go in the bush with them and they will put us to shame. So, I guess I am taking somewhat that approach. I think you know where I’m going with this in determining the fitness of a driver. Is there going to be a campaign or something like that? Thank you.

Speaker: MR. LOUTITT

When we’re discussing the fitness of a driver, we’re looking at their medical fitness, basically the advice of the doctor after their medical examination. It’s not so much the physical fitness levels, it’s the medical, how their medical pans out, I guess.

Okay, I’ll just have to wait and see how it pans out there, I guess, with some of the issues that we might have from the Sahtu.

My last one, if you can help me out here, Mr. Chair, I want to ask on the last three sentences of this paragraph it says, “burdens and hoops clients...” What’s hoops clients? What’s that? H-O-O-P-S.

Thank you, Mr. Yakeleya. We will go to Deputy Minister Neudorf.

Speaker: MR. NEUDORF

Thank you, Mr. Chair. This is referring to some of the additional tools that the changes to the act will give the registrar, particularly in relation to the High Risk Drivers Program. In the past, the only option available was to cancel the driver’s licence, which meant that then if the individual wanted to get the driver’s licence reinstated they would have to take a test, a driver’s written test, to get it back again. That may not be appropriate in all cases, so this provides more flexibility to allow us to just suspend drivers if that is the appropriate tool to undertake. Thank you, Mr. Chair.

Thank you, Mr. Neudorf. Mr. Yakeleya.

It’s true, Mr. Chairman, every day you learn something new. Thank you, Mr. Deputy Minister.

I wanted to say that hopefully this bill here, then, will certainly help us in the Sahtu. There’s willingness and some flexibility, say, in like Colville Lake. There are people there that drive vehicles that are pretty fit and they are over the age of 75, 80, and are still driving. We need to have some flexibility in our smaller communities. The age of 75, so I don’t really have to worry because I have a long way to go yet, so I’m okay. Those are my closing comments. Thank you.

Thank you, Mr. Yakeleya, for those comments. For general comments, I have Mr. Bouchard.

Thank you, Mr. Chair. I have a couple of questions. The first one came up during hearings. It was the liability on the commercial vehicles of the owner of the vehicle and the responsibility of the driver to report incidents to the owner of the vehicle and the liability that that entails. I was just wondering if the department has had a closer look at that, if they’ve looked at the liabilities and how the owner is supposed to be contacted when there is an incident with the vehicle that they own.

Thank you, Mr. Bouchard. Mr. Neudorf.

Speaker: MR. NEUDORF

Thank you, Mr. Chair. The changes here, and proposed in the act, will allow our officers to charge either the driver of the vehicle or the owner of the vehicle, depending on the specific infraction. If it’s a charge against the driver of the vehicle, according to the commercial carrier vehicle regulations, that driver is required to report that fine to the owner within 14 days, so the onus is on the driver to report. We do check on that. We do audits of companies to ensure that they are following regulations. Thank you, Mr. Chair.

I guess the issue that came up was that the owner of a company doesn’t actually get a notice that there has been an infraction put on his company. It’s been done through the driver. Obviously, if a driver has an infraction, there is a potential that as the employee he has concerns about reporting this to the employer. The issue was brought up by a company owner and he said, how do I know that I’ve been charged with something? The onus is on the driver to report it to me, but it is to their disadvantage to report it to me. I am just wondering how we’re going to clarify that.

Speaker: MR. NEUDORF

As I indicated before, the onus is on the driver. We do audit to check. There would be tools available to a company. If they wanted to, they could request driver abstracts periodically and have their own check if they wished. Thank you, Mr. Chair.

Then I guess the other information I was looking for is how does the driver inform this? If you become a commercial driver of a vehicle… If you all of a sudden become a driver of a commercial vehicle, do you know… Like, I wouldn’t know unless I was reading this amendment here, but the average person driving a commercial vehicle doesn’t know when there’s an infraction to contact the owner that the infraction has happened. Thank you.

Speaker: MR. NEUDORF

Of course, there’s lots of training that would go along with becoming a commercial driver. Part of that training is to understand the regulations and the rules around the operation of the vehicles. Again, the onus is on the driver to make sure he is fully informed for whatever job he’s doing. Thank you, Mr. Chair.

My next question is about motorcycles. I was driving home the other day and this guy was talking to me about motorcycles and the fact that we don’t have a permitting process for off-road motorcycles. In order to register your motorcycle, you need a Class 6 driver’s licence. You legally shouldn’t be riding a motorcycle, not on a highway, but even in the ditches or like we use them in Pine Point. There are no regulations or no way to get an off-road plate. Has the department looked at this and is this the appropriate bill to be looking at that?

Thank you, Mr. Bouchard. Minister Beaulieu.

Thank you, Mr. Chairman. The Motor Vehicles Act does not regulate off-road vehicles. Again, this would go back to the ATV Act for the off-road vehicles.

Thank you, Minister Beaulieu. Does committee agree that we proceed with clause-by-clause review of the bill?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Does committee agree that the chair can call clauses in groups of five?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. Committee, clauses 1 to 5.

---Clauses 1 through 5 inclusive approved

Clauses 6 to 10.

---Clauses 6 through 10 inclusive approved

Clauses 11 to 15.

---Clauses 11 through 15 inclusive approved

Clauses 16 to 20.

---Clauses 16 through 20 inclusive approved

Clauses 21 to 25.

---Clauses 21 through 25 inclusive approved

Clauses 26 to 30.

---Clauses 26 through 30 inclusive approved

Clauses 31 to 35.

---Clauses 31 through 35 inclusive approved

Clauses 36 to 40.

---Clauses 36 through 40 inclusive approved

Clauses 41 to 43.

---Clauses 41 through 43 inclusive approved

Speaker: SOME HON. MEMBERS

Agreed.

Does committee agree that Bill 5, An Act to Amend the Motor Vehicles Act, is ready for third reading?

---Bill 5 as a whole approved for third reading

Thank you, committee. Bill 5, An Act to Amend the Motor Vehicles Act is now ready for third reading.

I’d like to thank our witnesses this evening, of course, Minister Beaulieu for joining us and Mr. Neudorf, Mr. Loutitt and Mr. Rennie.

Report of Committee of the Whole

Speaker: MR. SPEAKER

Good evening. Can I have the report of Committee of the Whole, Mr. Dolynny.

Thank you, Mr. Speaker. Your committee has been considering Tabled Document 44, Supplementary Estimates (Infrastructure Expenditures), No. 4, 2013-2014; Tabled Document 45, Supplementary Estimates (Infrastructure Expenditures), No. 2, 2014-2015; Tabled Document 51, Supplementary Estimates (Operations Expenditures), No. 4, 2012-2013; Tabled Document 52, Supplementary Estimates (Operations Expenditures), No. 4, 2013-2014; and Bill 5, An Act to Amend the Motor Vehicles Act, and I would like to report progress with four motions being adopted and that Bill 5 is ready for third reading and that consideration of Tabled Documents 44-17(5), 45-17(5), 51-17(5) and 52-17(5) are concluded and that the House concur in those estimates and that an appropriation bill based thereon be introduced without delay. Mr. Speaker, I move that the report of Committee of the Whole be concurred with. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Dolynny. Good job. Do I have a seconder? Ms. Bisaro.

---Carried

Orders of the Day

Speaker: Ms. Bennett

Orders of the day for Thursday, March 6, 2014, at 1:30 p.m.:

Prayer

Ministers’ Statements

Members’ Statements

Reports of Standing and Special Committees

Returns to Oral Questions

Recognition of Visitors in the Gallery

Acknowledgements

Oral Questions

Written Questions

Returns to Written Questions

Replies to Opening Address

Petitions

Reports of Committees on the Review of Bills

Tabling of Documents

Notices of Motion

Notices of Motion for First Reading of Bills

Motions

Motion 14-17(5), Expansion of Policing and Nursing Services

First Reading of Bills

Bill 18, An Act to Amend the Legislative Assembly and Executive Council Act

Second Reading of Bills

Bill 15, Oil and Gas Operations Act

Bill 16, NWT Intergovernmental Agreement on Lands and Resources Management Act

Bill 17, NWT Intergovernmental Resource Revenue Sharing Agreement Act

Consideration in Committee of the Whole of Bills and Other Matters

Tabled Document 4-17(5), Northwest Territories Electoral Boundaries Commission 2013 Final Report

Bill 5, An Act to Amend the Motor Vehicles Act

Bill 10, Northwest Territories Lands Act

Bill 11, Petroleum Resources Act

Bill 13, Devolution Measures Act

Bill 14, Waters Act

Committee Report 2-17(5), Report on the Review of the 2012-2013 Public Accounts

Report of Committee of the Whole

Third Reading of Bills

Orders of the Day

Speaker: MR. SPEAKER

Thank you, Madam Clerk. Accordingly, this House stands adjourned until Thursday, March 6th, at 1:30 p.m.

---ADJOURNMENT

The House adjourned at 6:07 p.m.