This is page numbers 6647 - 6720 of the Hansard for the 19th 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 know.

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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Melissa Bard

Thank you, Madam Chair. Section 127(z.01.1) includes the authority to make regulations respecting the provision of, which is broad wording to allow for all aspects related to the provision of wildfire prevention and preparedness plans to be regulated, including time periods.

I'll also mention that the details of the processes to engage on industry plans and how those processes work are intended for regulations and the collaborative development with the technical working group.

I'll further note that because these are industry plans, that engagement with industry is an important aspect of regulating this space which is why it's on the regulations work plan. Thank you, Madam Chair.

Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks, Madam Chair. So I don't want to prolong this. I just haven't had any specific identification -- or identification of a specific authority within here for making regulations about time periods. So I'd like to move the following motion if I may.

Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Go ahead, Member for Frame Lake.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you. I move that paragraph 127(z.01.1) of Bill 74 be amended by

(a) striking out ",and" at the end of the English version of subparagraph (i) and substituting a comma;

(b) striking out the semicolon at the end of subparagraph (ii) and substituting ",and"; and

(c) adding the following after subparagraph (ii):

(iii) respecting time periods within which plans must be provided.

Thank you, Madam Chair.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, Member. The motion is in order. To the motion. Member for Yellowknife North.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Rylund Johnson

Rylund Johnson Yellowknife North

Yeah, Madam Chair, I mean, I'm opposed to this, and I also just think it's very problematic what the Member's doing here. He keeps finding kind of weird hypothetical situations and saying there's no specific regulation making authority in an act that has one of the largest regulation making authority sections I've ever seen and, as the Member said, he's ever seen. And if this is how we're going to interpret legislation, it's highly problematic because most acts don't say oh, and you can make regulations in relation to this plan for the timelines of it, the ability to amend it, where it's submitted. Sometimes it just says, you know, there's a plan and then there's a general regulation making authority. And to think you have to add every single specific section into an act just leads us down this path where we are here for two and a half hours passing motions that, frankly, no one cares about. Thank you, Madam Chair.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, Member. To the motion. Member for Frame Lake.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks, Madam Chair. Well, I guess -- yeah, I think a lot of this can and should have been fixed before the bill got here. This issue was raised to us in the NGO submission. And I guess I take my job seriously. When people bring forward concerns and issues, I think we really, as MLAs, as committees, have a duty to try to find solutions. So the issue was brought forward to us. I'm trying to do my job. And, you know, I regret that we have to spend this amount of time but I still think that this is an important public debate, and that's one of the reasons why I got elected and came here to serve. Thanks, Madam Chair.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, Member. Member for Thebacha.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Frieda Martselos

Frieda Martselos Thebacha

Thank you, Madam Chair. I, too, take my job very seriously. You know, I've been -- I work very, very hard for the constituents of Thebacha. And I also ensure -- and I'm sure every one of my colleagues do too. We take our jobs very seriously. When you put your name forward on a ballot, you take things seriously. And you do everything in the best interests of your constituents and the people of the Northwest Territories. I do not take things seriously when we have to start putting things in the bill to start telling people how they have to do the operations of a bill, okay. That's a no no. If I start getting involved in all the operations, I mean I'll never be able to get anything done here. I try to be, you know -- and like I said, I think Rylund said it eloquently. Four years, it took me to say that for him. So I mean, that's a big plus and, you know what, I will not be going into this kind of discussion like this because I think that we have people -- we have people that work on our behalf, and we expect them to do the best job they possibly can. And I'm sure that's what they're trying to do. And as a Member from Thebacha and an Indigenous person who was in leadership 14 years on that frontline, okay, making these kinds of decisions with IGC -- I was sitting on the IGC, because this is the part with the -- with the devolution agreement. You know, it's hard to get things done and when you have something in front of you that has been worked on by that group, I respect that. And I respect everybody who put the time in because I'm sure that they made sure that both sides were protected, including our side which is the government who represents all the people, and also respecting the rights of Indigenous people. Thank you, Madam Chair.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, Member. To the motion.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Question has been called. All those in favour? All those opposed? All those abstaining? The motion is defeated.

---Defeated.

Clause 127, does committee agree?

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Clause 128? Member for Frame Lake. Sorry, 128.1. Member for Frame Lake.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks, Madam Chair. There's nothing in the bill about any form of public engagement on regulations. So earlier in my remarks, and I think in the committee report as well, at least a couple of the submissions said that the public engagement undertaken by the department was inadequate, that it was delayed, and it was for a very short period of time. And I'm just wondering what the department's learned from the public engagement on the bill and how they intend to apply that in the regulations? Thank you, Madam Chair.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

Thank you, Madam Chair. For that detail, I'll turn to the deputy minister. Thank you.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Dr. Kelly.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Dr. Erin Kelly

Thank you, Madam Chair. Public engagement took place from November 22nd, 2022 to January of 2023. And the public engagement input was considered by the technical working group. Much of the input that is being discussed here today, it was deemed valuable and to be looked at while regulation development was occurring. So I just want to be clear that we welcome public engagement and much of the public engagement was more geared towards regulations, which makes sense, because it's from people who are actively going to be dealing with some of the things that come from this Act.

I think it's really important to communicate here that the GNWT has a broad policy based approach on determining how and to what degree the public is engaged on regulations. And this approach includes a commitment to conduct public engagement as part of the normal course of their development. Potential exceptions could include emergency orders, minor corrections to existing regulations, names or title changes, and consequential amendments required by changes to other legislation. Even with an exception to public engagement for emergency orders, there could be unacceptable delays from a process to apply the exception. This could occur, for example, if the Minister's role to waive the requirement -- if it is the Minister's role to waive the requirement for public engagement. The bill delegates the exercise of emergency powers related to wildfires to the forest superintendent and any changes to that, or reassigning that, would cause delays.

Further, adding separate requirements for engagement into individual Acts runs the risk that public engagement requirements will differ for different Acts, fail to evolve with technology, and lead to different approaches and potential confusion across different acts.

The Forest Act cannot come into force without the regulations. The regulations will be developed with the Intergovernmental Council secretariat, and there will be various stages where the public and other stakeholders may provide input. Thank you, Madam Chair.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks, Madam Chair. I appreciate that explanation. But I don't think I heard anything about what lessons were learned as a result of the public engagement on the bill and how those will be applied on the regulations making forward. So would someone like to respond to that, please. Thank you.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Minister.

Committee Motion 490-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

Thank you, Madam Chair. With your permission, I'll turn to the deputy minister Kelly and then to Mr. Wheler. Thank you.