Debates of June 6, 2019 (day 80)

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Statements

Question 782-18(3): Ability to Enforce Fire Bans

Thank you, Mr. Speaker. My questions today are for the Minister of Environment and Natural Resources. Mr. Speaker, I understand from the questions that I posed to the Minister on Tuesday that, under the current suite of forestry acts, ENR officers do not have any real powers to enforce fire bans in the hinterland, so unlike the powers that enforcement personnel have currently with regard to parks and let's say even within municipalities.

Mr. Speaker, I want to be clear. I understand the need that, when some folks are on the land, they may need fire for heat and they definitely may need fire to cook food. So, notwithstanding that, let's use the example of a large bonfire outside a park. Can the Minister tell me what sort of powers are contemplated for ENR and other law enforcement personnel in the Forest Act that is under development? Thank you, Mr. Speaker.

Speaker: DEPUTY SPEAKER

Thank you, Member. Minister of Environment and Natural Resources.

Thank you, Mr. Speaker. In the proposed Forest Act, the powers that have been contemplated that the officers would have are the ability to stop people when they are burning, for example, putting out campfires or other burning taking place and ask them to put out the fire, or the officer would have the authority to put out the fire themselves. Officers would also have authority to charge people with an offence that might include a fine.

Thank you to the Minister for his reply. The Minister mentioned that it might also include the ability issue a fine. Can the Minister outline what the thinking is on fines and consequences for an improper fire when there is a fire ban on or even when there is not a fire ban on?

I agree with the Member that there need to be consequences for bad behaviour, and those who do things like that need to be held accountable for it. Having said that, in the proposed Forest Act, regardless of whether it's a fire ban or not, it outlines that individuals can be fined up to $100,000, corporations up to $1 million; fines could be doubled if there is a repeat offence that takes place. It also suggests in the act that, for each day the offence continues, it can count as a separate offence. Courts have the latitude to increase the fines if they feel it is necessary.

Thank you to the Minister for his reply. It certainly gives us some motivation to work extra hard on the Forest Act in the 19th Assembly for those who might return and for those who are new to the Assembly. Many of the forest fires we have are person-caused and, under the current acts, there are no provisions for a person who caused a forest fire to be held liable for their actions. Can the Minister tell this House whether such provisions are being considered in the new Forest Act in this regard?

I am glad the Member mentioned the 19th Assembly coming in. One of the pieces of advice that I passed on to the department is to try to have all of the work done before the 19th Assembly comes in, and then, once the 19th Assembly comes in, my advice to them would be to take something like this and deal with it right at the onset of the 19th Assembly. We spent a lot of time at the beginning of this Assembly on our 235-item mandate. Then we had the mid-term review. I do not think we really got much going until years three and four, so my advice to the incoming 19th would be to deal with a lot of these important issues right off the bat.

Having said that, again, it is important to note that the NWT does have one of the lowest rates of person-caused fire in the country. The proposed Forest Act ensures that, if anyone is found responsible for a forest fire, they could be held accountable with consequences that do include fines.

Speaker: DEPUTY SPEAKER

Thank you. Oral questions. Member for Nahendeh.