This is page numbers 4183 – 4224 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 services.

Topics

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Neudorf. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

That is fine, Mr. Chairman, I just thought it was important because it was an issue that came up, and as I mentioned, it’s surprising how many seniors watch our proceedings and certainly read our Hansard. I guess they just love watching us and following us, so maybe that’s…(inaudible)… But that said, on a serious note, that was a real question brought forward and I thought it would be nice to hear it from the department and officials. Thank you.

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Hawkins. Continuing on with general comments, I have Mr. Yakeleya.

Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Mr. Chair. The second paragraph to the opening remarks to Bill 5, I just want some clarification in regards to the driving restrictions related to medical conditions. The proposed amendment allows the registrar the authority to request a medical examination and additional driver testing.

Speaking from a small community such as Colville Lake or Deline or Tulita or Fort Good Hope and the Wells or any other small communities, the registrar has the authority to request a medical examination. We don’t have some of the facilities and resources in our communities for this request to come in, or for additional drivers testing. Is there some mechanism that would not delay a person from taking a proper… I don’t know what kind of medical testing, maybe just for the eyes; I don’t know. That registrar has the authority here even for additional driver testing. Can the Minister help me out here?

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Yakeleya. For that we will go to Mr. Loutitt.

Loutitt

Thank you, Mr. Chair. The act changes allow the registrar discretionary power to request a medical, with reasonable grounds, and it’s something that we would have to do if it is for the safety of the highways. It is something that we would work with the clients to make sure that they can facilitate it in a timely manner.

Norman Yakeleya

Norman Yakeleya Sahtu

I like that answer there, so I will see how we could work on that provision. Also, the provision will ensure accuracy and fairness in determining drivers’ fitness. I guess the mechanism… How do you determine a driver’s fitness, I guess, especially in the small communities? He may not look fit, but once you get an old-timer out in the bush, boy, they are fitter than us. So, how do you determine the fitness? You know, some of our elders are 75 or 80 but they are more fit than us sitting around this table here. You go in the bush with them and they will put us to shame. So, I guess I am taking somewhat that

approach. I think you know where I’m going with this in determining the fitness of a driver. Is there going to be a campaign or something like that? Thank you.

Loutitt

When we’re discussing the fitness of a driver, we’re looking at their medical fitness, basically the advice of the doctor after their medical examination. It’s not so much the physical fitness levels, it’s the medical, how their medical pans out, I guess.

Norman Yakeleya

Norman Yakeleya Sahtu

Okay, I’ll just have to wait and see how it pans out there, I guess, with some of the issues that we might have from the Sahtu.

My last one, if you can help me out here, Mr. Chair, I want to ask on the last three sentences of this paragraph it says, “burdens and hoops clients...” What’s hoops clients? What’s that? H-O-O-P-S.

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Yakeleya. We will go to Deputy Minister Neudorf.

Russ Neudorf

Thank you, Mr. Chair. This is referring to some of the additional tools that the changes to the act will give the registrar, particularly in relation to the High Risk Drivers Program. In the past, the only option available was to cancel the driver’s licence, which meant that then if the individual wanted to get the driver’s licence reinstated they would have to take a test, a driver’s written test, to get it back again. That may not be appropriate in all cases, so this provides more flexibility to allow us to just suspend drivers if that is the appropriate tool to undertake. Thank you, Mr. Chair.

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Neudorf. Mr. Yakeleya.

Norman Yakeleya

Norman Yakeleya Sahtu

It’s true, Mr. Chairman, every day you learn something new. Thank you, Mr. Deputy Minister.

I wanted to say that hopefully this bill here, then, will certainly help us in the Sahtu. There’s willingness and some flexibility, say, in like Colville Lake. There are people there that drive vehicles that are pretty fit and they are over the age of 75, 80, and are still driving. We need to have some flexibility in our smaller communities. The age of 75, so I don’t really have to worry because I have a long way to go yet, so I’m okay. Those are my closing comments. Thank you.

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Yakeleya, for those comments. For general comments, I have Mr. Bouchard.

Robert Bouchard

Robert Bouchard Hay River North

Thank you, Mr. Chair. I have a couple of questions. The first one came up during hearings. It was the liability on the commercial vehicles of the owner of the vehicle and the responsibility of the driver to report incidents to the owner of the vehicle and the liability that that entails. I was just wondering if the department has

had a closer look at that, if they’ve looked at the liabilities and how the owner is supposed to be contacted when there is an incident with the vehicle that they own.

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Bouchard. Mr. Neudorf.

Russ Neudorf

Thank you, Mr. Chair. The changes here, and proposed in the act, will allow our officers to charge either the driver of the vehicle or the owner of the vehicle, depending on the specific infraction. If it’s a charge against the driver of the vehicle, according to the commercial carrier vehicle regulations, that driver is required to report that fine to the owner within 14 days, so the onus is on the driver to report. We do check on that. We do audits of companies to ensure that they are following regulations. Thank you, Mr. Chair.

Robert Bouchard

Robert Bouchard Hay River North

I guess the issue that came up was that the owner of a company doesn’t actually get a notice that there has been an infraction put on his company. It’s been done through the driver. Obviously, if a driver has an infraction, there is a potential that as the employee he has concerns about reporting this to the employer. The issue was brought up by a company owner and he said, how do I know that I’ve been charged with something? The onus is on the driver to report it to me, but it is to their disadvantage to report it to me. I am just wondering how we’re going to clarify that.

Russ Neudorf

As I indicated before, the onus is on the driver. We do audit to check. There would be tools available to a company. If they wanted to, they could request driver abstracts periodically and have their own check if they wished. Thank you, Mr. Chair.

Robert Bouchard

Robert Bouchard Hay River North

Then I guess the other information I was looking for is how does the driver inform this? If you become a commercial driver of a vehicle… If you all of a sudden become a driver of a commercial vehicle, do you know… Like, I wouldn’t know unless I was reading this amendment here, but the average person driving a commercial vehicle doesn’t know when there’s an infraction to contact the owner that the infraction has happened. Thank you.

Russ Neudorf

Of course, there’s lots of training that would go along with becoming a commercial driver. Part of that training is to understand the regulations and the rules around the operation of the vehicles. Again, the onus is on the driver to make sure he is fully informed for whatever job he’s doing. Thank you, Mr. Chair.

Robert Bouchard

Robert Bouchard Hay River North

My next question is about motorcycles. I was driving home the other day and this guy was talking to me about motorcycles and the fact that we don’t have a permitting process for off-road motorcycles. In order to register your motorcycle, you need a Class 6 driver’s licence.

You legally shouldn’t be riding a motorcycle, not on a highway, but even in the ditches or like we use them in Pine Point. There are no regulations or no way to get an off-road plate. Has the department looked at this and is this the appropriate bill to be looking at that?

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Bouchard. Minister Beaulieu.

Tom Beaulieu

Tom Beaulieu Tu Nedhe

Thank you, Mr. Chairman. The Motor Vehicles Act does not regulate off-road vehicles. Again, this would go back to the ATV Act for the off-road vehicles.

The Chair

The Chair Daryl Dolynny

Thank you, Minister Beaulieu. Does committee agree that we proceed with clause-by-clause review of the bill?