This is page numbers 457 - 498 of the Hansard for the 14th Assembly, 2nd 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 financial.

Topics

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

Page 494

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. I would like to thank the Minister for that. I believe we have to be flexible when we determine bills and by-laws that are enforced in a lot of our small communities.

We do not realize that we are unique in the Northwest Territories. We have some communities that like to live the traditional way of life, without being legislated and having people control their day-to-day activities by putting by-laws in place.

We do not see the effects when we pass by-laws in this House, but people in the communities are feeling they are being over-regulated. You just cannot do anything these days without some regulation or by-law enforcement officer on your case because you did not do something.

I think we really have to look at how these by-laws are developed and how they are implemented in our communities. We hear many complaints from the people in the communities about how quickly these by-laws can be passed through a council, some as quick as two days, and there is no public consultation process. In order for us to do justice, we have to ensure there is due process. That is the concern I have with this. I have heard a lot of concerns in my riding from harvesters who live on the land and depend on their snowmobiles to get them from point a to point b. And they have to get a license. They have to make sure they do not operate the snowmobile after a certain period of time.

These are tools that are put forth by this government. We are the ones that hand the tools over to the communities to make by-laws within the scope of the legislation. We can tell the communities they have the ability to make by-laws. Technically, they do. Realistically, we are the ones who are setting the parameters as to how far those by-laws can go. If they are totally exempting by-laws altogether in our community, and they would have the ability to say we are not going to have driver's licenses on our vehicle, or we are not going to license snowmobiles. We are not going to do this because they would be breaking the law.

I think it is time we took a look at how these by-laws and the legislation we put forth reflects reality in the Northwest Territories. We adopt things from southern Canada and we impose it on small, isolated communities. I feel this is unjust.

The question of sleds is one issue in this bill. I, for one, have been involved in negotiating land claim agreements for almost ten years. It was always the intent to protect the traditional pursuits of aboriginal people to ensure they will be able to continue carrying out those pursuits without being regulated to death. That is exactly what I see happening with this by-law.

I would like to thank the Minister for his comments. Before that, I would like the Minister or someone from his department to explain or elaborate on clause 3.

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

Page 494

The Chair Leon Lafferty

Thank you, Mr. Krutko, Minister Steen.

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

Page 494

Vince Steen

Vince Steen Nunakput

Mr. Chairman, to make sure we get the proper legal definition, I am going to ask the legislative counsel to respond to that.

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

Page 494

The Chair Leon Lafferty

Thank you. Ms. Veinott.

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

Page 494

Veinott

Yes, with respect to clause 3, it amends two existing provisions of the Motor Vehicles Act which currently relate to duties of persons riding on play vehicles, and the towing of play vehicles.

Section 247 requires someone using a coaster sled, toboggan, skateboard, ice skates, roller skates or skis to use a sidewalk if there is one adjacent to the roadway that is usable. If there is no sidewalk, that the person rides the device as close as practical to the left hand curb or edge of the roadway.

Section 248 provides that no driver shall knowingly tow bicycles, coaster sleds, etc. In clause 3, it is really a housekeeping amendment to those provisions because the terms coaster sled and toboggan are really inter-changeable terms and it was just felt that the term sled could be used rather than using the three words. That is the affect of clause 3.

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

Page 494

The Chair Leon Lafferty

Thank you. Mr. Krutko.

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

Page 494

David Krutko

David Krutko Mackenzie Delta

On Clause 3, that is the point and the principle of my concern. A lot of our communities were built at the turn of the century when we had dog teams. The history of a lot of the communities up and down the valley is that hunting and trapping has made these communities what they are today.

If we are restricting people from pulling sleighs behind snowmobiles, that is a day to day activity for most people in the aboriginal communities. That is the only means of moving your goods and services from point a to point b: on a snowmobile. Most people cannot afford vehicles. Most people cannot afford the luxuries that people take for granted in the larger communities. That is the point I am trying to make.

By excluding sleighs from that provision, it will ensure they continue to have the ability to move their goods and services with a snowmobile without breaking the law. If the Minister is willing to consider looking at that and finding ways of working around it, I hope we can come to a suitable solution that takes into account the realities in many of our smaller communities. Will the Minister consider looking at that?

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

Page 495

The Chair Leon Lafferty

Thank you, Mr. Krutko. If the Minister can answer briefly, we have to recess soon for the swearing in of the Commissioner. Minister Steen.

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

Page 495

Vince Steen

Vince Steen Nunakput

Thank you, Mr. Chairman. Mr. Chairman, the word sled in this specific clause is quite important because we are suggesting that it is going to be regulated by the community if they choose to do so.

Now, by passing the authority on to the community, we have really eliminated our ability as a department to enforce that regulation because it will not be there anymore. We are passing it on to the community. If the word sled is totally removed at our level and at the community level, then nobody will be enforcing the use of sleds. As far as we are concerned, that would cause safety problems. For instance, the ability for children to slide down hills and come on the highways, or cross onto roads...there would be no ability to control them. Nobody would have the ability because sled was removed. It is quite important that the word sled be there.

I am willing and can commit to look at a way to address the Member's concern. We could come up with some suggestions as to what type of legislation wording they may want to use which would allow communities to exempt certain uses of sleds or exempt skidoos, towing sleds or toboggans. The department could work with the communities. Before we do anything with it, we would probably bring it back to the committee and the House to see what possible options everyone could be happy with. Thank you.

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

Page 495

The Chair Leon Lafferty

Thank you, Mr. Steen. At this time, I will call a recess for the swearing in of the Commissioner of the Northwest Territories. Thank you.

-- Break

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

Page 495

The Chair Leon Lafferty

I would like to call the committee back to order. General comments on the bill? Detail? Agreed?

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

Page 495

Some Hon. Members

Agreed.

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

Page 495

The Chair Leon Lafferty

We will go clause by clause. Bill 5, An Act To Amend the Motor Vehicles Act. Clause 1.

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

Page 495

Some Hon. Members

Agreed.

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

Page 495

The Chair Leon Lafferty

Clause 2.

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

Page 495

Some Hon. Members

Agreed.

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

Page 495

The Chair Leon Lafferty

Clause 3.

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

Page 495

Some Hon. Members

Agreed.

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

Page 495

The Chair Leon Lafferty

Clause 4, Mr. Krutko.

Committee Motion 8-14(2): To Amend Subclause 4(1) Of Bill 5, An Act To Amend The Motor Vehicles Act (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 495

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. I would like to move the following motion:

I MOVE that sub-clause 4(1) of Bill 5 be amended:

(a) in paragraph (a), by striking out "pedestrians, vehicles, bicycles, sleds, skateboards, ice skates, in-line skates and skis" and by substituting "pedestrians, vehicles, bicycles, skateboards, ice skates, in-line skates and skis"; and

(b) in paragraph (d), by striking out "a sled, skateboard, ice skates, in-line skates or skis" in proposed paragraph 347(1)(t) and by substituting "a skateboard, ice skates, in-line skates or skis".

Committee Motion 8-14(2): To Amend Subclause 4(1) Of Bill 5, An Act To Amend The Motor Vehicles Act (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 495

The Chair Leon Lafferty

Thank you, Mr. Krutko. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 4 as amended?

Committee Motion 8-14(2): To Amend Subclause 4(1) Of Bill 5, An Act To Amend The Motor Vehicles Act (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 495

Some Hon. Members

Agreed.

Committee Motion 8-14(2): To Amend Subclause 4(1) Of Bill 5, An Act To Amend The Motor Vehicles Act (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 495

The Chair Leon Lafferty

Clause 5. Mr. Krutko.

Committee Motion 9-14(2): To Amend Subclause 5(2) Of Bill 5, An Act To Amend The Motor Vehicles Act (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

March 31st, 2000

Page 495

David Krutko

David Krutko Mackenzie Delta

Mr. Chairman, I would like to move the following motion:

I MOVE that sub-clause 5(2) of Bill 5 be amended by striking out "bicycles, sleds, skateboards, ice skates, in-line skates and skis" in proposed paragraph 349(v.1) and by substituting "bicycles, skateboards, ice skates, in-line skates and skis".

Committee Motion 9-14(2): To Amend Subclause 5(2) Of Bill 5, An Act To Amend The Motor Vehicles Act (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 495

The Chair Leon Lafferty

The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 5 as amended?