Debates of May 24, 2019 (day 73)

Date
May
24
2019
Session
18th Assembly, 3rd Session
Day
73
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

Question 720-18(3): Environmental Assesment following Hay River Highrise Fire

Thank you, Mr. Speaker. I have questions for the Minister of Health and Social Services. In response to the high-rise fire, a public health order was issued to the owner of the high-rise on April 10th. It detailed what needed to be done before it could be assessed whether or not residents could return. The owner was ordered to obtain a qualified environmental professional to prepare a plan for assessment and remediation in order to prevent mould growth due to water damage and to submit a report detailing the remediation work that had been done.

Mr. Speaker, no report was provided, and there is no evidence that any remediation work has taken place. In fact, the situation seems to have worsened significantly. What is the department doing in response to the owner's noncompliance? Does the department have any recourse, or is the order essentially toothless? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Minister of Health and Social Services.

Thank you, Mr. Speaker. On April 10th the Chief Public Health Officer did make an order for the owner to do an environmental assessment on the building, to determine the things that the Member has identified. At the time, we were comfortable knowing that there was limited access to the building, because the Fire Marshal and the Workers' Safety and Compensation Commission also had some orders. They were in care and control of the building, which would limit access.

Mr. Speaker, on May 14th, when the orders from the WSCC and the Fire Marshal were concluded, we had an opportunity to get into the building and see that things have, in fact, worsened. We have actually issued another order, and the order is a little bit more significant this time. We are actually asking that a qualified environmental company be identified and taken into the building to determine the level of exposure in the building. As the Member has said, things have worsened since the fire. The building did get significantly wet inside. There is mould growing. There are more problems.

Mr. Speaker, we never got a report on the initial assessment when we asked for it. We are hopeful that we will get something from the owner of the building. Before they can actually move forward and do anything on that building, any rehabilitation or any changes, they will have to meet that order, and they will also have to meet any additional requirements put on them by the WSCC and the Fire Marshal.

We will be monitoring. The order is not toothless, Mr. Speaker. We do have the ability to fine the individual should the order not be met. We also have the ability to require some work to be done, which we can bill back to the owner. We haven't reached that point. We have just gotten access to that building on May 14th and have issued the order since then. Thank you, Mr. Speaker.

You can't get blood from a stone, so I am not sure that fining the owner or doing work and then billing it back is going to do anything here. I am not sure if there is money there to do any of this work. It certainly doesn't seem that way. What is the department willing to do on its own if the owner doesn't do any remediation work? At what point does this become a public health issue that the department has to deal with?

The department isn't blind, and we can also read. We have seen the information on Facebook and other social media that the owner of the building is likely not going to do this work. We are prepared to work closely with the WSCC. We are prepared to work closely with the Fire Marshal. We haven't moved forward with a fine, because of the exact reason the Member has indicated; the likelihood of getting money out of that is unlikely, and the bottom line is that we are more interested in remediation of the building and health protection than we are in getting money from the owner.

We are exploring our options. They haven't all been determined. I will certainly, absolutely, without question, share any information with the Member when it becomes evident or when we actually have some concrete actions in line, but at this point we are working closely with our other partners to see what is done and to see what pressure can be put on the owner. If the owner does come forward with a rehabilitation plan, it will have to meet the conditions outlined by the WSCC and the Fire Marshal and it will have to address the hazmat and the contamination issues that are identified within our order.

What is the deadline for compliance with this new order?

The issue was ordered on May 17th. I will confirm with the department what the deadline on that order is.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Hay River North.

Thank you, Mr. Speaker. The Minister spoke of some of the challenges that they are facing, but does the department have a plan in place if this order is not complied with? Is there something concrete that he can share with us right now? Thank you, Mr. Speaker.

The Department of Health and Social Services is concerned about the public health of the residents of Hay River and the contamination in the building. We have limited access to the building. There is no access to the building unless somebody is properly gowned and prepared to go into that building recognizing the hazmat and the contamination issues. We don't have a plan to do anything with the building, other than keep it under lock and key until such a time as our conditions are met, but we recognize that work needs to be done. We are prepared to have conversations with owners, community, and other organizations, like the WSCC and the Fire Marshal's office, to attempt to find some resolution moving forward. Thank you, Mr. Speaker.