Debates of October 21, 2008 (day 45)

Date
October
21
2008
Session
16th Assembly, 2nd Session
Day
45
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya.
Topics
Statements

Bill 19 Donation of Food Act

We’re on Bill 19, Donation of Food Act. At this time I’d like to ask the sponsor of the bill if she would like to make any opening comments. Ms. Bisaro.

Thank you, Mr. Chair. Yes, I do have some opening comments.

I’m very pleased to provide comments on Bill 19, Donation of Food Act. Bill 19 is a new act that will ensure protection for donors of food and distributors of donated food from liability for their actions.

In all of our communities perfectly good food often goes to waste due to policies and standards established by food businesses and restaurants. Food is often wasted because we have too much food and too few attendees at social functions. Some concerned and committed individuals have started to rescue this food and pass it on to needy organizations and families. However, currently food donors are not protected from liability should the recipients of the food suffer any harm or injury. Bill 19 will provide such protection and allow NWT communities to establish legitimate food rescue programs safe from fear of prosecution.

It is my hope that eventually all NWT communities will establish food rescue programs for the benefit of those less fortunate in our society. I would like to thank Mrs. Ruby Trudel, who brought forward the need for this bill, and commend her and her team for their work to date. I will be pleased to answer any questions that Members might have.

Thank you, Ms. Bisaro. At this time I’d like to ask the committee responsible for overseeing the bill if they have any general comments. Mr. Beaulieu.

Thank you, Mr. Chair. The Standing Committee on Social Programs reviewed Bill 19, the Donation of Food Act, at a public meeting held Thursday, October 16, 2008. At the public meeting we heard from the sponsor of the bill, Ms. Bisaro, on the need to protect businesses that donate food for charity from liability concerns. We heard that many more restaurants and grocery outlets would donate food if the liability issues were dealt with.

The committee heard from Hon. Sandy Lee, Minister of Health and Social Services, on the government’s support for this legislation and the actions that her department takes to ensure food safety for all Northerners, including those who would benefit from donated food.

We also heard from Ruby Trudel, who advocated for such an act and is actively involved in the collection and distribution of donated food here in the city of Yellowknife. The committee applauds Mrs. Trudel’s efforts on behalf of less fortunate Northerners and the restaurants and grocery outlets that have made donations — or will do so in the future — to support her efforts.

It is important to note that this legislation is for the entire NWT and not just one organization in Yellowknife. As long as the donor is not selling the donated food, the food is fit for consumption and the donor does not intend to injure, they will be protected from liability. It is hoped that the passage of this important legislation will encourage others to work with their local restaurants and grocery stores to save edible food from going into the landfills.

In closing, we would like to thank our colleague the honourable Member for Frame Lake, Ms. Wendy Bisaro, for sponsoring this important legislation and bringing it forward for this Legislature’s consideration.

This concludes the committee’s comments. Individual committee members may have questions or comments as we proceed.

Thank you, Mr. Beaulieu. At this time I’d like to ask Ms. Bisaro if she’ll be bringing any witnesses. Ms. Bisaro?

Thank you, Mr. Chair. Yes, I will.

Is the committee agreed that Ms. Bisaro brings in her witness?

Agreed.

Sergeant-at-Arms, please escort the witness in. Thank you.

For the record, Ms. Bisaro, could you introduce your witness.

I’m sorry, Mr. Chair; perhaps you could repeat that. It’s very hard to hear back here.

Ms. Bisaro, for the record, could you introduce your witness, please.

Yes, certainly. Thank you, Mr. Chair. With me is Ms. Kelly McLaughlin. She’s legislative counsel, legislative division with the Department of Justice, GNWT.

Thank you, Ms. Bisaro. Welcome, witness. General comments with regard to the Bill? Ms. Lee.

Thank you, Mr. Chairman. On behalf of the government and as the Minister of Health and Social Services I would like to speak briefly in favour of this private Member’s public bill, Bill 19, Donation of Food Act. The proposed bill would exempt the donor, including individuals and businesses, from liability when donating food provided that the donor does not intend to injure and is not reckless. The bill does not apply to a person who distributes donated food for profit.

Mr. Chairman, the current Public Health Act regulates the safety and sanitary handling and preparation of food, but it is not designed to provide food donor protection from liability. This stand-alone piece of legislation will be able to fill that gap. The Public Health Act and its applicable regulations will continue to ensure that donated food is handled in a safe manner and applies to any establishment where food is served to the public.

Mr. Chairman, the bill before us today is consistent with other food donor protection legislation enacted in nine other jurisdictions in Canada. The legislation, when enacted, will be a useful tool in reducing wasted food, especially perishable products like vegetables and dairy products that are most frequently disposed of by retailers and food distributors. Rather than ending up in landfills, nourishing food will be distributed to those who are most in need. Given that all jurisdictions have substantially similar legislation, we feel confident that it can be safely implemented in the North.

Mr. Chairman, I’d like to take this opportunity to thank Ms. Wendy Bisaro, Member for Frame Lake, for bringing this bill forward and all the other Members who have supported it. I would also like to personally recognize the valuable contribution of Mrs. Ruby Trudel, a well known Yellowknife resident who has taken on not only this latest worthwhile initiative but many other public health and wellness issues over the years for the benefit of our residents, not only in Yellowknife but all over the North.

This legislation will go a long way in providing legislative assistance to our partners like the Mrs. Trudels in our communities large and small who volunteer their time and resources to provide food to those in need.

General comments on the bill? Mr. Bromley.

Thank you, Mr. Chair. Just very briefly I wanted to add my voice of accolade here to Ms. Bisaro and Mrs. Trudel and to those who helped put this together.

We heard earlier today about some of the waste recovery proposals the Minister of ENR is proposing. This is a full cost accounting approach. We know that our food now comes from thousands of kilometres away. To have that energy expended and the cost.... A lot of that food going to waste is crazy in today’s world. So very briefly, all kudos, and I’m very happy to see this bill go forward.

General comments? Clause by clause? Okay; we can draw our attention to Bill 19. We’re on page 1, clause 1.

Clauses 1 through 3 inclusive approved.

To the bill as a whole.

Bill 19 as a whole approved.

Does committee agree that Bill 19 is now ready for third reading?

Bill 19, Donation of Food Act, approved for third reading.

Bill 19 is now ready for third reading.

I’d like to thank Ms. Bisaro and her witness. Sergeant-at-Arms, could you escort the witness out.

Bill 19 Donation of Food Act

Mr. Speaker, I move, seconded by the honourable Member for Weledeh, that Bill 19, Donation of Food Act, be read for the third time.

Speaker: Mr. Speaker

Bill 19 has had third reading.

Motion carried; Bill 19, Donation of Food Act, read a third time.