This is page numbers 4327 – 4378 of the Hansard for the 17th Assembly, 5th 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 health.

Topics

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Ms. Bisaro. Premier McLeod.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Mr. Chair. It would be in an appropriate manner. Thank you.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

I didn’t quite hear the answer, but if it was “in the appropriate manner” what does that mean?

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

In this Chamber we hear many times that if we advertise for jobs and some people don’t have computers, they have to do it in print. On that basis, I’m saying it would be done in an appropriate manner. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thanks to the Premier for the explanation, but it doesn’t give me any warm and fuzzy feeling that the public is going to get the report. I understand the intent of this clause is that the public will get the full report, but it can be interpreted a number of different ways, so is it going to be covered in regulations or is it simply going to be left to the Minister of the day who will decide, yeah, no, today I’m going to do one page and maybe next week I’ll do 300? Thank you.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Ms. Bisaro. Mr. Druyan.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Druyan

Thank you, Mr. Chair. I think one has to read the words in the context of the overall statute and in the spirit of the statute. It says that the Minister shall make it publicly available. That is to say the report, not a summary of the report, not an excerpt of the report, the report has to be made publicly available. Then the discretion is in what format that is done. Hopefully that does answer your question.

Hopefully the Minister, if he is doing something that you may suspect him of doing, will speak to his legal advisors who will advise him of how to the meaning of this provision and the breadth of his discretion. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Druyan. Ms. Bisaro, your time is up. General comments.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Detail.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Is committee ready to go to detail? Oh, Mr. Bromley. Sorry. Go ahead, Mr. Bromley.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Chair. I believe Ms. Bisaro does have more, but I’ll ask a few here, if I may. The first comment, Section 9 allows contracting to assist with the administration of the act, but obviously there should be some requirement for disclosure of that information. I’m wondering if there is any provision for that in regulations. Obviously, many of these will have to go for discussion after April 1st , but is that provided

for in regulations, that there will be some transparency here? Thank you.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Bromley. Mr. Fulford.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Fulford

Mr. Chair, there’s no express requirement that the contract be made public, but it would be subject to the Access to Information Act. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

Thank you. I suppose most stuff is, but we’re looking for transparency here, so again, I hope we work towards that.

Section 10(4) allows for deposits for liability related to loss damage, et cetera. Again, in reference to Mr. Fulford’s earlier comment, deposits are not mandatory. This is, again, unfortunate. I would just

like to give the Premier an opportunity to say I’m wrong here and, in fact, somewhere in the act it is made mandatory. Thank you.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Fulford

Mr. Chair, I guess I will again draw the attention of the Member to Section 64. While Section 10 refers to any deposits that may be required, I don’t think that that is speaking permissibly. Section 64 seems, to me at least, to be stating a requirement to provide proof of financial responsibility. I haven’t yet been called on to interpret this act in practice, but I think that’s the way that I would interpret it and advise my client. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

I’ll go with Mr. Fulford’s word and interpretation there. However, unfortunately, Section 64 allows the regulator to accept any form of security. Obviously, I think with the Deh Cho Bridge and so on, we should be wiser and smarter now and know that that’s not good enough to protect the public. The security, obviously, needs to be totally liquid and guaranteed by the bank for insurance. I’m hoping that that will be dealt with in regulations. I’m open to any comments on that, or assurances there.

Section 19 does not require the regulator to hold public hearings on any matter. There should be a requirement, obviously, especially on the closure and reclamation of any larger facility like a pipeline, production field and so on. Again, maybe I can get a comment on that. Thank you.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Bromley. Mr. Fulford. Sorry, Mr. Druyan.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Druyan

Thank you, Mr. Chair, and thank you, Mr. Bromley. Actually, Section 17 is not setting out the regulator’s responsibilities but rather their powers. So it’s permissive and intended to be very permissive and very broad powers. There are other provisions in this act which actually set out duties, but you just have to, again, read the act in its full context where certain provisions deal with powers and certain other ones set out the duties, so it would not be appropriate to put any direction regarding what they have to inquire into. If they want to, they can inquire into a very, very broad range of issues. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Druyan. Mr. Bromley.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

Mr. Chair, thanks for that response. I think it was Section 19 we were talking about. He said 17, but I’m sure he meant 19. In fact, the point I’m raising is that that’s not good enough. They should be required to hold public hearings on any matter. Again, I’m not surprised at mirroring federal legislation but I’m trying to raise a point that we can talk about later, but that’s my view on that.

Section 27 allows the Minister to set up an oil and gas committee under his or her direction. Five-

members-only criteria for appointment seems to be two members have to know something about oil and gas. The other three I think are government members. Appointees can’t have an interest of more than 5 percent in any oil and gas property. Wouldn’t that be something? The committee seems to hear appeals, may hold hearings.

Again, maybe I can just ask that. It wasn’t clear in their jurisdiction, which is in later clauses. If I can just get some examples of what sorts of appeals and other inquiries are being contemplated here. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Robert Bouchard

Thank you, Mr. Bromley. Mr. Fulford.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Fulford

Thank you, Mr. Chair. I can think of one, off the top of my head, where there’s unitization where different interest owners are basically forced to work together to maximize the production from appeal and to conserve the resource that appeals in relation to that go to the committee. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

Thank you. That’s a good example. It helps me see the purpose of this committee right away.

Section 61(4) seems to provide GNWT with an immunity, once again, for any damages or liability associated with regulations they may make even if they are bad regulations or cause problems. We’ve heard about this earlier today. Again, this seems typical for our federal government, but does this sort of subscription to a lack of degree of accountability apply to this government? Is that something that we might see considered in the review if there are no options now? Thank you.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Fulford

Mr. Chair, I see this provision as just a reflection of the polluter pays principle and that the government shouldn’t take on responsibility for something that was caused by a company that was exercising a privilege granted to it by the government. Thank you, Mr. Chair.

Committee Motion 40-17(5): Amendment To Clause 1 Of Bill 11, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

I certainly wouldn’t disagree with that intent. There seems to be some other interpretation of this. Maybe I can just ask. Is there any granting of immunity to the GNWT here for regulations good or bad? Maybe a response to both of those. Thank you.