Thank you, Mr. Speaker. Your hard-working Standing Committee on Economic Development and Environment is pleased to provide its Report on Bill 3: An Act to Amend the Public Highways Act and recommends it to the House.
Bill 3, An Act to amend the Public Highways Act, clarifies the duty and liability of the Government of the Northwest Territories with respect to primary highways and an incident occurring on highways the GNWT does not construct, maintain, or control. On March 13, 2020, Bill 3 had its second reading in the house and was referred to Standing Committee on Environment and Economic Development. On June 23, 2020, committee reviewed the proposed bill. On August 25, 2020, and October 15, 2020, committee's review of the bill was extended.
On August 19, 2020, committee invited comments on the proposed amendment from communities across the Northwest Territories, Indigenous governments, and businesses involved in the use and construction of roads. Committee received one written submission from the City of Yellowknife. Committee thanks the city for the submission.
The City of Yellowknife encouraged updates to the bill to outline maintenance requirements and associated liabilities to ensure appropriate accountability. Committee was also concerned the GNWT should clarify that it is liable for the presence, absence, and insufficiency of any traffic-control device. Committee confirmed the bill does not absolve the Minister from responsibility to maintain in a reasonable statue of repair those traffic control devices the Minister has erected.
The City of Yellowknife expressed concern regarding liability related to loss or damage as a result of government's failure to maintain public highways. The city suggested proposed amendments should require infrastructure installed as part of a primary highway be adequately maintained to protect public safety.
Committee confirmed that the department maintains highways in accordance with the following standards:
the Highway Maintenance Manual;
the national guidelines from the Transportation Association of Canada; and
the Guidelines for Safe Ice Construction booklet.
The Highway Maintenance Manual is the GNWT's standard of best practice. This manual is updated regularly. Committee requested and received commitment from the Minister to maintain the Highway Maintenance Manual to the Department of Infrastructure website. The city also had concern as to whether shoulders and pull-outs were considered part of primary highways, and committee confirmed as such.
Committee was concerned that Bill 3 absolves the GNWT of responsibility for highways it controls but has not designated as primary highways under the Highway Designation and Classification Regulations. Committee was also concerned that the liability under the act was more expansive than Bill 3. The limitation of liability for primary highways has been addressed through committee's motion providing no bar based on alleged failure to maintain.
On October 14, 2020, the department held a public hearing on Bill 3 with committee, which was broadcast and recorded on the Legislative Assembly channel. Standing committee and the department discussed concerns related to limitations of liability, highways under the control of the Commissioner not designated as primary highways, and maintenance standards. Committee thanks the Minister and her staff for appearing before committee.
The clause-by-clause review of the bill was held February 10, 2021. Committee thanks the Honourable Minister Archie and members of her staff for their appearance before committee. At this meeting, committee further raised concerns regarding the responsibility of the GNWT to maintain highways not designated as primary highways. Committee's concern regarding the responsibility of the GNWT to maintain liability for primary highways was addressed in Motion 1. At this meeting, committee proposed four motions as set out in Appendix 2. The Minister concurred with the motions.
Following the clause-by-clause review, a motion was carried to Report Bill 3, An Act to Amend the Public Highways Act, as amended and reprinted, as ready for consideration in Committee of the Whole. This concludes the standing committee's review of Bill 3.
Thank you, Member for Nunakput. Member for Nunakput.
