Mahsi, Mr. Speaker. Your committee would like to report on its consideration of Bill 78, Waste Reduction and Resource Recovery Act.
Bill 78 received second reading in the Legislative Assembly on March 29, 2023, and was referred to the Standing Committee on Economic Development and Environment for review. On June 1st, 2023, the standing committee held a public hearing of the bill with the Minister of Environment and Climate Change. Committee held a clausebyclause review of Bill 78 on July 5th, 2023. Committee proposed five motions to amend Bill 78 and was pleased that the Minister of Environment and Climate Change concurred with all five. The changes to Bill 78 were in regards to making more information publicly available and reinforcing the establishment of advisory committees.
Mr. Speaker, the committee reports that Bill 78, Waste Reduction and Resource Recovery Act, is ready for consideration in Committee of the Whole as amended and reprinted. Mahsi.
Thank you, Member for Deh Cho. Reports of Committees on the Review of Bills. Member for Great Slave.
Mr. Speaker, your Standing Committee on Economic Development and Environment is pleased to provide its Report on Review of Bill 78: Waste Reduction and Resource Recovery Act.
And, Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee report 6319(2), Standing Committee on Economic Development and Environment Report on the Review of Bill 78: Waste Reduction and Resource Recovery Act, be deemed read and printed in Hansard in its entirety.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Committee report 78 is deemed read.
Carried.
Bill 78: Waste Reduction and Resource Recovery Acti (Bill 78) received second reading on March 29, 2023, and was referred to the Standing Committee on Economic Development and Environment (Committee) for review. Bill 78 repeals and replaces the Waste Reduction and Recovery Act (Act), which has only had minor amendments since coming into force in 2003.
Bill 78 is intended to improve how the Government of the Northwest Territories (GNWT) manages waste reduction and resource recovery in the NWT by broadening the regulatory framework in accordance with GNWT’s June 2019 Waste Resource Management Strategy and Implementation Plan, which set out the goals of preventing waste at the source, diverting waste from disposal, and improving “waste disposal facilities and practices.”
The new act changes the following:
• Enables any new regulations required to implement amendments.
• Enables Extended Producer Responsibility (EPR) programs, which could shift responsibility for managing the disposal phase of consumer products and packaging from communities and taxpayers to producers.
• Clarifies Environment Fund contributions, disbursements, and administration.
• Expands the Minister’s authority to appoint officers, to delegate responsibilities, to enter into agreements, and to create landfill disposal bans.
• Extends how long prosecution can happen after an alleged offense.
• Updates and modernizes enforcement and inspection provisions.
• Enables more responsive surcharges and fees through Ministerial Regulations.
• Redefines and clarifies terminology.
Committee sought public feedback on Bill 78 with a public notice and targeted engagement letters. On June 1, 2023, Committee held a public hearing in Yellowknife to review Bill 78. At that meeting, Committee heard remarks from the Minister of Environment and Climate Change and his staff.
One area of concern identified was the need to provide clarity and certainty with respect to the Minister’s authority to enter into waste management agreements, and where information about these agreements would be publicly available. The Minister and his staff committed to look at these practices and to make information available on a website maintained by the department.
Committee initially expressed concerns about how EPR programs and other waste reduction initiatives might impact small communities in the NWT and questioned whether subsidies would cover the cost for implementation. The department says it consulted Indigenous Governments during the engagement process. Committee previously sent stakeholder letters to small communities and Indigenous Governments. Committee was pleased to hear that small communities are represented on the Waste Reduction and Recovery Advisory Committee and that new initiatives would be a net benefit to small communities. The department is already actively working to reduce the build-up of materials in landfills that may later be prohibited by new regulations. The Minister commented that the new Act will have no impact on Indigenous Land Rights or self government agreement. Staff also noted that Indigenous Governments and small communities would be consulted during the development of regulations under the new Act.
Committee also raised concerns about bottle recycling, particularly establishing a new, satellite recycling facility in downtown Yellowknife. Committee asked questions about staffing the new depot, having cash on site for patrons, its location, and the feasibility of adding more recycling and waste disposal initiatives (i.e., removing tires from the waste cycle through EPR programs). Committee welcomed more of these initiatives.
Recommendation 1: Standing Committee on Economic Development and Environment recommends that the GNWT and the Department of Environment and Climate Change continue their efforts toward opening a second recycling facility in Yellowknife to improve access for residents and increase waste recovery. The Department should continue to explore new technology and methods towards waste reduction, diversion and recycling while creating local employment. Committee, therefore, further recommends that this second recycling facility be a staffed site with cash available to pay patrons.
Typically, Committee includes a recommendation in each report requesting a response from government within 120 days. The recommendation is then moved as a motion in the House and Cabinet is required to respond. However, since the 19th Legislative Assembly will dissolve in less than 120 days, Committee requests that the government provide a public response to this report at the earliest opportunity. Committee also asked questions about whether the GNWT was investigating the disposal of industrial waste at accepted waste sites and how new initiatives might benefit the Remediation Economy.
Committee discussed seeking public input and the need for engagement before the creation of regulations under the new Act. For instance, Committee expressed an interest in more reporting and the need for transparency regarding the Environment Fund, as well as practical concerns about how EPR programs might affect residents trying to recycle tires for example, and whether they would have to bring that tire to a store rather than their local Solid Waste Facility.
After careful consideration, Committee supported five motions amending Bill 78. Committee negotiated the exact wording with the GNWT.
Both Committee and the GNWT supported the idea of making the Minister’s delegated responsibilities and agreements public and that it was practical to publish agreements on the department’s website. Committee and the GNWT agreed to add language after clauses 4(2), 4(5), and 16(3) regarding public notice. These changes would make public notice requirements mandatory for disposal bans and consistent with the provisions for public notice on prohibited materials.
Three motions reflecting these changes were passed and received concurrence from the Minister at the clause-by-clause review.
Committee recognizes that Waste Reduction and Recovery Advisory Committee plays an important role in bringing together various voices from communities, the private sector and the public about waste management initiatives. Committee discussed these bodies with the Minister at the Public Hearing and was of the view that the continuation of the current Committee should be a requirement and not at the discretion of the Minister. Committee and the GNWT agreed that changing the word “may” to “shall” in clause 5 would require the continuation of the Advisory Committees, their function, and the appointment of members. Committee agreed with the Department that the Minister should have the authority to establish more than one Advisory Committee. A motion reflecting these changes was passed at the clause-by-clause review and received Ministerial concurrence.
Committee is of the view that the Environment Fund is an important mechanism for cost recovery, encouraging better waste management, and creation of local employment but that there should be greater accountability through publication of a summary of its financial position. Following Committee’s discussion of the Environment Fund and finances at the Public Hearing, Committee and the GNWT agreed to adding language after clause 17 about audited financial statements and publishing these on the department’s website. A motion reflecting this change was passed at the clause-by-clause review and received Ministerial concurrence.
On July 5, 2023, Committee held a clause-by-clause review. Committee passed the motions to report Bill 78, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole (the Motions are found in Appendix A).
In the House on September XX, Bill 78: Waste Reduction and Resource Recovery Act, will be orally reported as ready for further consideration in Committee of the Whole. This concludes Standing Committee’s review of Bill 78: Waste Reduction and Resource Recovery Act.
Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee report 6319(2), Standing Committee on Economic Development and Environment Report on the Review of Bill 78: Waste Reduction and Resource Recovery Act, be received and adopted by the Assembly. Mahsi, Mr. Speaker.
