Debates of October 18, 2018 (day 40)

Date
October
18
2018
Session
18th Assembly, 3rd Session
Day
40
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Julie Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O’Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Mahsi, Mr. Speaker. I MOVE, seconded by the honourable Member for Great Slave, that notwithstanding Rule 4, when this House adjourns on October 18, 2018, it shall be adjourned until Tuesday, October 23, 2018;

AND FURTHER, that any time prior to October 23, 2018, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time. Mahsi.

Speaker: MR. SPEAKER

Masi. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed?

---Carried

Consideration in Committee of the Whole of Bills and Other Matters

I will call Committee of the Whole to order. What is the wish of committee? Mr. Beaulieu.

Thank you, Mr. Chairman. Mr. Chairman, the committee would like to consider Bill 8, Emergency Management Act. Thank you, Mr. Chairman.

Thank you, Mr. Beaulieu. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. I will let Minister Schumann catch his breath. We'll take a short recess.

---SHORT RECESS

Thank you, committee. Committee, I will now call the Committee of the Whole back to order. Committee, we have agreed to consider Bill 8. I would now like to ask the Minister responsible for the bill to introduce the bill. Thank you. Minister Moses.

Thank you, Mr. Chair. Yes, Mr. Chair, I am here to introduce Bill 8, Emergency Management Act. I would like to thank the Standing Committee on Government Operations for their review of this bill.

The purpose of the Emergency Management Act is to repeal and replace the Civil Emergency Measures Act. The act defines the roles and responsibilities of local authorities and the Government of the Northwest Territories in planning for, responding to, and recovering from emergencies.

The proposed amendments permit us to effectively modernize emergency management arrangements for the Northwest Territories, and they establish a dedicated public body to lead the coordination of activities of the Government of the Northwest Territories regarding emergency management.

The bill increases the discretion of community governments to organize and prepare for emergencies. It also clarifies the responsibilities of community governments in meeting the needs of residents during emergencies.

Search and rescue volunteers will now receive protection for the important work that they do in helping to keep residents safe in a part of Canada that is both rugged and remote. Much work also has been completed to update the Northwest Territories Emergency Plan, which is an important instrument used to operationalize the act.

Preparations and capacity building have been under way for some time, and the department is prepared to communicate our new direction to residents, community governments, and emergency management partners.

That concludes my opening remarks, and I would be pleased to answer any questions that the Members may have regarding Bill 8. Thank you, Mr. Chair.

Thank you, Minister Moses. I would now like to ask the chair of the Standing Committee on Government Operations, which reviewed this bill, to make comments. Mr. Testart.

Thank you, Mr. Chair. The Standing Committee on Government Operations is pleased to have reviewed Bill 8, Emergency Management Act. We consulted broadly with all governments in the Northwest Territories responsible for providing municipal services in the Northwest Territories, and we held public meetings in Hay River, Enterprise, and Yellowknife, in addition to meeting with the mayor and council members in Inuvik.

Several issues were raised during our public consultations. The act changes the existing process so that Ministerial approval is required to renew a state of local emergency. We heard general acceptance for this proposal, which ensures that the Minister is aware and can bring territorial resources to bear on continuing emergency situations in municipalities.

Another key proposal in Bill 8 is to extend indemnity to local authorities and volunteers working on their behalf so that they are not liable for damage caused by any actions taken in good faith during an emergency response. The committee agrees with this proposal and heard no objections from municipalities to it.

The committee also heard a concern that section 18(2) of the bill authorizes the head of a local authority to act on behalf of the local authority where there is urgency in declaring a state of local emergency, but the act does not define the head of a local authority. The committee determined that it would be important in the implementation of Bill 8 to make the meaning of the provision clear to municipalities.

Therefore, the committee encourages the Minister, when implementing the new legislation, to ensure that municipalities are aware, if they do not already know, that section 18(2) of the bill refers to the mayor, or anyone acting on behalf of the mayor, rather than the senior administrative officer.

Finally, Bill 8 clarifies an existing provision in the Civil Emergencies Measures Act by setting out the circumstances under which the Minister might require a municipality to reimburse the GNWT for expenses paid out on behalf of the municipality during an emergency.

We heard some concern that section 13(2) of the bill provides that the Minister's decision on the matter is final. The committee had some discussion of this provision, and on the basis of the rarity of its past use, and the clarifying circumstances under which repayment might be required, the committee is satisfied with this provision as written.

Therefore, on the basis of our consultation, committee recommended no changes to Bill 8 as drafted. Individual Members may have additional comments or questions as we proceed with consideration of this bill. Thank you, Mr. Chair.

Thank you, Mr. Testart. I would now like to ask the Minister responsible for Bill 8 if he would like to bring witnesses into the House.

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

Thank you, Minister Moses. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. I will now ask the Sergeant-at-Arms to escort witnesses into the Chamber. Would the Minister please introduce the witnesses.

Yes, Mr. Chair. On my left, I have Mr. Kevin Brezinski, director of public safety with the Department of MACA, and on my right, Mr. Ian Rennie, legislative counsel with the Department of Justice. Thank you, Mr. Chair.

Thank you, Minister Moses. I will now open the floor to general comments on Bill 8, Emergency Management Act. Is the committee agreed that there are no further comments? Agreed?

Speaker: SOME HON. MEMBERS

Agreed.

Can we proceed to a clause-by-clause review of Bill 8?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Does committee also agree that we consider the clauses in groups?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Committee, we will defer the bill number and title until after consideration of the clauses. There are 35 clauses in the bill. Let's turn to page 1. Clauses 1 to 5.

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. Clauses 6 to 10.

Speaker: SOME HON. MEMBERS

Agreed.

Speaker: SOME HON. MEMBERS

Agreed.

Speaker: SOME HON. MEMBERS

Agreed.

Speaker: SOME HON. MEMBERS

Agreed.

Speaker: SOME HON. MEMBERS

Agreed.

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. We will now return to the bill number and title. Bill 8, Emergency Management Act. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Speaker: SOME HON. MEMBERS

Agreed.

Does the committee agree that Bill 8 is ready for third reading?

Speaker: SOME HON. MEMBERS

Agreed.

Bill 8, Emergency Management Act, is now ready for third reading. Thank you to the Minister and his witnesses. Sergeant-at-Arms, please escort the witnesses from the Chamber. What is the wish of committee? Mr. Beaulieu.

Thank you, Mr. Chairman. Mr. Chairman, I move that the chair rise and report progress. Thank you, Mr. Chair.

A motion is on the floor to report progress. The motion is in order and is non-debatable. All those in favour? All those opposed?

---Carried

I will now rise and report progress. Thank you.

Report of Committee of the Whole

Mr. Speaker, your committee has been considering Bill 7, Chartered Professional Accountants Act, Bill 8, Emergency Management Act, Minister's Statement 19-18(3), Aurora College Foundational Review Process, Tabled Document 215-18(3), Capital Estimates, 2019-2020, and Minister's Statement 103-18(3), Marine Transportation Services, and would like to report progress that Bill 8, Emergency Management Act, is ready for third reading, and Mr. Speaker, I move that the report of the Committee of the Whole be concurred with. Thank you.

Speaker: MR. SPEAKER

Masi. Do we have a seconder? Member for Hay River South. The motion is in order. All those in favour? All those opposed?

---Carried