This is page numbers 745 - 772 of the Hansard for the 12th Assembly, 6th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

Topics

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Total buildings and works, $230,000.

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Total activity for this page is $230,000.

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 767

Some Hon. Members

Agreed.

---Agreed

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Back to the departmental summary. Capital expenditures, total capital expenditures, $230,000. Agreed?

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 767

Some Hon. Members

Agreed.

---Agreed

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Do we agree that the 1995-96 capital estimates of the Legislative Assembly are concluded?

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 767

Some Hon. Members

Agreed.

---Agreed

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Agreed. Thank you. Thank you, Madam Speaker.

We are waiting for Mr. Todd to arrive. Thank you.

The committee will come back to order. We are dealing with Bill 13, An Act to Amend the Motor Vehicles Act. Mr. Minister, do you have opening remarks?

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

I do, Mr. Chairman, thank you. Is this Bill 13 or Bill 14, we're dealing with, Mr. Chairman?

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 767

The Chair John Ningark

Thank you, Mr. Minister. We are dealing with Bill 13 and Bill 14. Bill 13 first and then Bill 14.

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

Mr. Chairman, I don't want to confuse everybody, but my opening remarks incorporate both bills. Is that okay?

Bill 1: Appropriation Act, No. 1, 1995-96Committee Report 10-12(6): Report On The Review Of The 1995-96 Capital Estimates
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 767

Some Hon. Members

Agreed.

---Agreed

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Minister's Introductory Remarks

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
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John Todd Keewatin Central

Mr. Chairman, my remarks today deal with both Bill 13 and Bill 14, as a pair. Bill 14, the repeal of the Public Service Vehicles Act, removes a whole layer of regulation from the trucking industry. Bill 13, amendments to the Motor Vehicles Act, replaces the quasi-judicial function of the five-member highway transport board with a much simpler appeal process to a motor vehicle adjudicator. Taken together, I think these two bills are a good example of how less government can result in better government.

The Public Service Vehicles Act is the legislation establishing the Northwest Territories' highway transport board and its authority for the economic regulation of the trucking industry.

In 1988, the federal Motor Vehicle Transport Act effectively removed the authority of provinces and territories to regulate inter-provincial/territorial trucking operations. From the time the federal legislation came into effect, the highway transport board became less and less active.

Even though the Public Service Vehicles Act was still in force, the board decided to cease operation altogether as of January 1, 1994. Bill 14 formally repeals the Public Service Vehicles Act and eliminates the highway transport board. The regulatory environment of the Canadian trucking industry has been thoroughly reorganized over the past several years. As the control of market entry has been phased out, new regulations concerning driver and vehicle safety fitness have come into effect. In the mid-1980s the federal, provincial and territorial governments, in close cooperation with the trucking industry, devised the standards of the national safety code which have since become the basis for more uniform trucking regulations across Canada.

The regulatory authority to implement the national safety code in the Northwest Territories were passed as amendments to the Motor Vehicles Act in 1989. The registrar of motor vehicles is responsible for the administration of the Motor Vehicles Act. Especially since the implementation of the national safety code, the registrar has acquired considerable administrative authority. In the interests of natural justice, the purpose of Bill 13 is to establish a quasi-judicial process to appeal decisions of the registrar in cases involving the cancellation or suspension of drivers licences or vehicle registrations.

In the new safety-oriented environment of motor vehicle regulation, the decisions of the registrar of motor vehicles involve fairly straightforward technical and factual considerations. Just the same, in the event an individual or a company should feel aggrieved, these amendments provide the public and industry with a simple and direct means of appeal to a motor vehicles adjudicator.

The motor vehicle adjudicators replace the quasi-judicial function of the highway transport board with a slightly broader mandate to hear appeals of drivers licence suspensions or cancellations. In practice, we intend to make standing appointments of justices of the peace as motor vehicle adjudicators to hear appeals. This will produce a much faster and less expensive appeal process than recourse to the courts. The bill allows the Minister to designate a specific adjudicator in the event of a more complicated or technical case calling for special expertise. Finally, Bill 13 brings over the regulatory authorities concerning cargo insurance and bills of lading from the Public Service Vehicles Act and places them under the Motor Vehicles Act.

In conclusion, Bill 13 improves the fairness and justice of the Motor Vehicles Act with the addition of a simple and inexpensive appeal process. Bill 14 formally eliminates the highway transport board and thereby simplifies the regulatory environment for the trucking industry. Thank you, Mr. Chairman.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Minister. On behalf of the Standing Committee on Legislation, Mr. Whitford, do you have opening remarks?

Standing Committee On Legislation Comments

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman, yes, indeed. I have the Standing Committee on Legislation's comments on both Bill 13 and Bill 14. I will begin by reading into the record the committee report on Bill 13, An Act to Amend the Motor Vehicles Act.

Mr. Chairman, the Standing Committee on Legislation has completed its review of Bill 13, An Act to Amend the Motor Vehicles Act. On October 31, 1994, the committee held a public hearing in Yellowknife to review Bill 13 which proposes to amend the Motor Vehicles Act by: adding the right to appeal the registrar's decision requiring medical examinations and cancelling tickets of registration for vehicles operating under the national safety code; establishing the appeal procedures; providing for the appointment of adjudicators to hear appeals; and, adding regulation-making powers relating to public service vehicles respecting cargo insurance requirements and bills of lading.

The committee was concerned that the Department of Transportation's intent to appoint justices of the peace as motor vehicle adjudicators did not unduly burden those individuals, given the considerable scope of their current duties. The department assured the committee that they do not anticipate more than a few appeals and their consultations with the Department of Justice have met with approval for this approach. In addition, the department assured the committee that the necessary training will be provided to the justices of the peace in order to adjudicate appeals under the act.

The committee is pleased to support Bill 13. It proposes to establish a simple and inexpensive appeal process that will address the grievances of motorists respecting decisions of the registrar. Appeals will be conducted in a fair, straightforward manner, consistent with the principles of natural justice.

Mr. Chairman, on October 31, 1994, the standing committee passed a motion that Bill 13, An Act to Amend the Motor Vehicles Act was ready for consideration in committee of the whole.

Mr. Chairman, I will now go through the Standing Committee on Legislation report on Bill 14, An Act to Repeal the Public Service Vehicles Act.

Mr. Chairman, the Standing Committee on Legislation has completed its review of Bill 14, An Act to Repeal the Public Service Vehicles Act. On October 31, 1994, the committee held a public hearing on Bill 14 in Yellowknife. This bill repeals the Public Service Vehicles Act and eliminates the legislative mandate of the highway transportation board. Federal deregulation in the Canadian trucking industry has led to a substantial reduction in both board activities and application of the act.

The committee is pleased to support a bill that reflects the national move to a safety-oriented approach to the administration of the trucking industry. The committee also supports the retention of the necessary regulations respecting cargo insurance and bills of lading by incorporating them into the Motor Vehicles Act, as noted in the committee's report on Bill 13.

Mr. Chairman, the Standing Committee on Legislation fully supports this bill. On October 31, 1994, the committee passed a motion that Bill 14, An Act to Repeal the Public Service Vehicles Act, was ready for consideration in committee of the whole. Those are the two reports on Bill 13 and Bill 14, Mr. Chairman.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Whitford. Before I open the floor for general comments, I would like to ask the Minister if he wants to bring in witnesses.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
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John Todd Keewatin Central

I would appreciate that thank you.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
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The Chair John Ningark

Sergeant-at-Arms, escort the witnesses in, please.

Welcome. Mr. Minister, for the record, please introduce your witnesses to the committee.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
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John Todd Keewatin Central

Thank you, Mr. Chairman. On my immediate right, is Ms. Carol Whitehouse, legal counsel. On my immediate left is the deputy minister of Transportation, Mr. Andrew Gamble.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. We are dealing with Bill 13, An Act to Amend the Motor Vehicles Act. The floor is now open for general comments. Mr. Zoe.

General Comments

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mahsi, Mr. Chairman. Mr. Chairman, with regard to the bill before us, I have no major problems with it in regard to simplifying the system we have in place by replacing the current board with an adjudicator. I would like to get clarification from the Minister with regard to the additional regulation-making power that is being proposed in the bill. Could the Minister elaborate on those added powers to the Minister?

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
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The Chair John Ningark

Thank you. Minister of Transportation.

Bill 13: An Act To Amend The Motor Vehicles ActBill 14: An Act To Repeal The Public Service Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

Ms. Whitehouse said she can advise you on that, Mr. Zoe.