Clause 4. Agreed?

Clause 5. Agreed?

Bill as a whole?

Does the committee agree that Bill 7 is ready for third reading?

Bill 7 is now ready for third reading. I would like to thank the Minister and his witnesses. Thank you.

-- Applause

As we agreed, the next bill we will deal with is Bill 5, An Act to Amend the Motor Vehicles Act. I would like to ask the Minister responsible for the Department of Transportation if he has any opening comments. Mr. Steen.

Thank you, Mr. Chairman. Mr. Chairman, Members of the committee, we are here today to consider some small but important amendments to the Motor Vehicles Act.

The first set of amendments has to do with repealing the few exemptions in the act to wearing a seat belt. The Legislative Assembly made the wearing of seat belts mandatory in the Northwest Territories in 1988. Twelve years ago, the requirement for everyone riding in a car or a truck to wear a seatbelt was controversial and these few exemptions were included at the time. The evidence that seat belts prevented injuries and saved lives was compelling in 1988, and it is even more so today. There is no good reason for anyone not to wear a seatbelt when riding in a car or a truck and there is no good reason to keep these exemptions in the act.

The second set of amendments gives municipalities by-law making authority to regulate the use of bicycles, skateboards, sleds, skis, skates and in-line skates on community streets and roads. Rather than try to regulate bicycles and skateboards uniformly across the Territory under the act, the by-law approach allows communities to regulate them according to local conditions and sensibilities. I think letting communities decide for themselves how to regulate bicycles and skateboards is the best approach.

Mr. Chairman, these two small sets of amendments will make the Motor Vehicles Act a better Act. I hope the Members will agree and give their approval. Thank you.

Thank you, Mr. Chairman. The Standing Committee on Governance and Economic Development reviewed Bill 5, An Act to Amend the Motor Vehicles Act at its meetings on March 20th and 23rd, 2000.

The committee would like to thank the Minister responsible for Transportation and his officials for presenting the bill and responding to the committee's questions. Members of the committee would also like to thank Mr. Ben McDonald, deputy mayor, and Mr. Doug Gillard from the City of Yellowknife for raising their concerns at the public hearing. The committee would also like to thank Dr. David King from the NWT Medical Association who, while not being present at the hearing, took the opportunity to communicate the association's endorsement of the amendments.

This bill repeals the seat belt exemption sections which were allowed for certain drivers and gives municipalities authority to make by-laws for bicycles, skateboards, sleds, skis, skates and in-line skates. This authority also includes the power to make by-laws which may require the use of personal protective equipment like helmets.

During the public hearing, the committee members heard about other issues relating to perceived shortcomings in the Motor Vehicles Act that were beyond the scope of Bill 5. The presentation by the City of Yellowknife highlighted a perceived weakness that exists in the legislation and is not addressed in the proposed amendments.

Their concern has to do with the lack of statutory authority in respect to the overloading of vehicles with passengers. This overloading results in a lack of proper seating restraints for occupants of the vehicle.

The Minister acknowledged this concern and promised to have his department look into the issue.

The second part of the amendment gives municipalities the power to make by-laws for the regulation of bicycles, skateboards, sleds, skis, skates and in-line skates on community streets and roads. This amendment provoked discussion concerning the definition of 'sled' within municipal boundaries and how such a definition may impact upon the use of sleds for the traditional and cultural pursuits of hauling, hunting, fishing and trapping. The majority of the Members of the committee were satisfied that the amendment will provide communities with enough discretion and flexibility to allow for regulation of these modes of transportation according to local conditions and sensibilities.

The committee notes that the bill comes into force on assent. The committee strongly encourages the department to engage in an extensive education campaign so that the public can be made aware of the removal of the seat-belt exemptions from the Motor Vehicles Act.

Mr. Chairman, the majority of the standing committee supports these proposed amendments and awaits discussion during the clause-by-clause consideration of the bill. This concludes the committee's comments on Bill 5, An Act to Amend the Motor Vehicles Act. Thank you, Mr. Chairman.

Yes I do, Mr. Chairman.

Thank you, Mr. Chairman. Mr. Chairman, on my left is Ms. Rebecca Veinott, legislative counsel, Department of Justice. On my right is Richard MacDonald, director of motor vehicles.

Thank you, Mr. Chairman. Mr. Chairman, in the review of Bill 5, I raised concerns during committee of the whole with the Minister regarding the definition of sleds.

To me, a sled can be anything from a toboggan to a sleigh, or even a piece of board that has a string attached to it. I had some concerns regarding helmets. Giving the communities the ability to enforce by-laws for people to have to use helmets, especially if they are using bikes, skateboards, ice skates, in-line skates and skis. The concern I have, coming from a small community where we do not have much of those types of activities, is that I feel this bill will be very difficult to enforce on individuals who use sleds as their only means for moving their goods and services, as well as for traditional purposes. Plus, the majority of our communities do not have paved streets. Most of the time, it is gravel, so there is no real usage of skateboards.

What I see happening with this act is that it will have an effect on the individuals who depend on the movement of their goods and services by sleigh. A lot of our small communities do not have taxi service, and many people do not have the resources to purchase a snowmobile or other things most people take for granted. Yet, a toboggan and a sleigh plays an active role in the day-to-day lives of individuals for moving goods and services to and from the store or the community out to their bush camps and visa versa.

I agree that there have to be some protections in place, especially for people on bikes and skateboards where there could be harm caused if the individual fell during those activities. Growing up in a small community, a sleigh plays a very active role in daily activities. They should be able to carry out their daily activities without being restricted by someone putting forth a by-law that would impose restraints on them where they now have to wear a helmet to carry out this activity.

I would like to ask the Minister, has he made an attempt to consider the possibility of the definitions for sleds, and excepting things such as toboggans from the list that is being defined in the agreement and deal with those items you are really after?

Thank you, Mr. Chairman. Mr. Chairman, the department is prepared to consider the definition of a sled and work with the communities as to what they might want to define as a sled.

The purpose of the legislation is to allow the communities to define whatever they want as a sled. I realize the Member's concern here for people in the small communities who really do not want to have legislation requiring them to wear protective head-gear, especially at certain times of the year when it may be very awkward, maybe even un-realistic.

At the same time, it is not the intent of the department to suggest to the communities what they may wish to define as a sled. However, the department is willing to put forward a suggestion and bring it to the House, possibly in June, as to what we feel would be the reasonable definition of a sled. We would still allow the communities to come up with their own definition.