This is page numbers 689 - 732 of the Hansard for the 13th Assembly, 3rd 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 ---.

Topics

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

During our committee meetings, we certainly asked a lot of questions of Mr. Erasmus. One of the concerns was whether this should be applied in communities. 1, of course, had a concern about my community; Yellowknife. I think it is quite obvious that there is a need for this on highways. That is a certainty. My area of concern was what happens in the very small communities that have vehicles, but they don't have access to automatic features that need to be installed in order to turn it on automatically.

I feel that this is a good bill the way it stands and I will support it. The one thing I realize is that, as time goes by, this bill will likely be redundant because old cars, like the one I drive, eventually give out. As a matter of fact, I have a few old cars. I just have to get into the habit of pulling that switch on. Either that, or I get four or five of these automatic things installed. I understand that that is going to cost me about $50 or $100 to do. I don't have a problem now with it, but I still have a bit of concern for the communities because a fine is imposed and it is difficult for people there to get these automatic mechanisms. So, Madam Chair, I do support the bill the way it stands.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ootes. General comments. Mr. Roland.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik

Thank you, Madam Chair. I speak to this from the perspective of my prior profession as a mechanic. It isn't difficult to put on the automatic systems to older vehicles. 1, myself, will be required to put one on the suburban I have been building for a few years. The cost that the previous speaker spoke to would be if you had it installed by someone else. It can very well be installed on one's own. It isn't a very technical thing, in most cases.

I think it is time for this. We are doing a few things first in this territory and this would be a good one to add to the list. I don't think anyone can put a dollar figure on saving a life. Thank you.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Roland. General comments. Mr. O'Brien.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Brien Kivallivik

Thank you, Madam Chair. I also will be supporting Mr. Erasmus's motion. It is a good idea. I do have a question or a concern. For example, in Arviat, we have maybe 70 vehicles -- three of them are mine -- and about 300 4 x 4 Hondas. Will the 4 x 4 all-terrain Honda be expected to keep its lights on during the daytime hours? Thank you.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. O'Brien. Mr. Erasmus, in case you missed that question, Mr. O'Brien wanted to know, since there are more all-terrain vehicles than there are other vehicles in his community, would this legislation apply to all-terrain vehicles?

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Madam Chair, I believe if the all-terrain vehicle is on the highway, it would apply. But if it isn't on the highway, it wouldn't.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

(Microphone turned off) ... the amendment indicates that it is mandatory to have your lights on, on the highways. If the all-terrain vehicle is not on the highway, it would not apply there. As far as it being mandatory when it is on the highway, I am not exactly sure. I am getting an indication from the Minister of Transportation that it would.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus. So the answer to the question is that it does apply to all-terrain vehicles as well and off-road all-terrain vehicles. Is that correct?

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

If it is on the highway.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Okay. It applies to allterrain vehicles on the highway. Mr. Erasmus.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

I just received a quick note that a motor vehicle does not include all-terrain vehicles, according to the definition within the act.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus. Any further general comments? Mr. O'Brien.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Brien Kivallivik

Back to my original comment -- Mr. Erasmus was busy having a discussion with the other Members so he didn't hear my first comment -- I do support the bill. Thank you.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. O'Brien. Mr. Evaloarjuk.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

May 28th, 1996

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Mark Evaloarjuk Amittuq

(Translation) Thank you, Madam Chair. Being a Member of the Standing Committee on Resource Management, the only concern I have regarding this bill is that we should be more concerned over people's lives. However, I thought that we were not on the highway system, being hamlets do have their own by-laws.

We, who are not on the highway system, being in hamlets, do have our own by-laws relating to vehicles in our own communities. I am still supporting the hamlets within their communities, particularly in the Baffin region. The hamlets are able to make their own by-laws within their own communities relating to motor vehicles. The hamlet by-laws state that as long as they have license plates, the by-laws have to be used accordingly and followed.

A concern that I had with this bill was that it might apply to every community that has their own by-laws. Some people cannot afford to buy parts for their vehicles. Another concern that I had related to this bill was that if people weren't able to buy expensive parts to install in their vehicles, then they won't be able to operate their vehicles in their communities. Thank you, Madam Chair.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Evaloarjuk. Mr. Erasmus.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Thank you, Madam Chair. It's very important that we have this legislation that includes making it mandatory for headlights to be on in the communities. Last year, there were approximately 800 accidents in the Northwest Territories, and about 550 of those were in towns or communities. There was only one pedestrian that was fatally injured in 1995, Madam Chair. That occurred in Pond Inlet when a nine-year-old male stepped in the path of a water truck. I don't know if that involved headlights or not, but it just goes to show that accidents happen everywhere. It's not only on the highways, in Yellowknife or in the larger centres. We need to give our youth and our elders more of an opportunity to get around safely on our streets and in our communities, Madam Chair. Thank you.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus. General comments. Mr. Steen.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair. I wonder if the Minister of Transportation could supply us with the definition of "highway" in the act: also, the definition of "motor vehicle."

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. I believe that Ms. MacPherson can provide us with that. She has all the definitions right here in front of her. Thank you. Ms. MacPherson.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Macpherson

Thank you, Madam Chair. "Highway' is defined -- and it's a long definition -- as a road, place, bridge or structure, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage of vehicles and includes:

(a) a privately or publicly-owned area that is designed and primarily used for the parking of vehicles, other than the driveway of a private dwelling;

(b) where a plan of survey or other instrument establishes a highway, the area between the boundary lines of the highway, as shown on a plan of the survey or instrument;

(c) a sidewalk, pathway, ditch or shoulder adjacent to and on either side of the travelled portion of the road or place, and the area between the sidewalk, pathway, ditch or shoulder and the travelled portion of the road or place; and,

(d) a road on a frozen body of water, or water course or a road that can only be used for a portion of the year.

A"'motor vehicle" is defined as a vehicle propelled or driven by power other than muscular power and includes a trailer, but does not include an aircraft, marine vehicle or all-terrain vehicle, a device that runs or is designed to run exclusively on rails or a mechanically-propelled wheelchair. Thank you, Madam Chair.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you for those definitions. Mr. Steen.

Bill 5: An Act To Amend The Motor Vehicles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Madam Chair, obviously, any road in a community would be considered a highway under the definition. Therefore, any four-wheel vehicle, all-terrain vehicle would be on a highway, anywhere in that community. The only thing that appears to be exempt at this point in time, but it's not exempt if you look at it from the other way, is the skidoo. Skidoos use roads as well. Because it is a motor vehicle, it's not powered by muscle, it, too, would be included as having to have headlights on all the time, as long as it's on that road. Therefore, any vehicle in the small communities would have to have headlights on if they are on the road.

In my communities, that question always comes up on skidoos. In discussion with the by-law about all-terrain vehicles and skidoos, that particular question always comes up because, in the springtime people take their skidoo covers right off and run around with no covers, to keep the motors cold. On that, they tend to be in conflict with the laws. In most of the small communities, the law is left to the discretion of the officer, I suppose, and that's how they get around it.

I just wanted to bring that up, Madam Chair, because this thing has been discussed many, many times in small communities. The benefit of headlights on highways is worth all the small arguments in the communities. I would favour any vehicle having a headlight if it's required, particularly in the small communities. But I definitely favour headlights on at all times on highways. I will support the motion.