Mahsi, Madam Chair. The Indigenous government representatives on the technical working group did review this motion and discuss it, this issue, at the standing committee stage. It is the position of the technical working group that this detailed process requirement -- like, this should be dealt with in the regulations under the umbrella regulation making authority that Melissa just mentioned. And we understand that when developing the regulations, the department and the technical working group intend to work with partners and the public to carefully consider how processes can best meet the needs of all parties in conjunction with their requirements. Mahsi.
Debates of Oct. 3rd, 2023
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.
Topics
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Brett Wheler
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Kevin O'Reilly Frame Lake
Yeah, thanks, Madam Chair. So, okay, I've tried to ask the question I think three times already. I got answers from staff, from the Minister, from the technical working group representative. Nobody can point to a section in the act that provides regulation making authority for when a wildfire prevention and preparedness plan is going to get changed. I haven't heard that. Nobody can point to a section, because it doesn't exist. There is no provision in the bill for that to happen. That's why I'm trying to bring this -- well, that's why I'm raising this issue. There is no provision in the bill for this to happen. There's no specific regulation making authority for this to happen. So that's why I'm raising this because I think it's going to happen. And I think I want to make sure that the Minister has the right tools in place to make sure that regulations can consider that. So, Madam Chair, I'm going to move a motion if I could.
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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The Chair Lesa Semmler
I'm just going to let the Minister if he wants to respond before you move a motion. Minister.
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Shane Thompson Nahendeh
Thank you. For clarity of what the Member's asking for, I'll go to the deputy minister. Thank you.
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Dr. Erin Kelly
What we've already discussed is where that occurs. The authority to amend the plan is the same as the authority for requiring it. An industrial operator can propose an amended plan at any time under the same regulation making authorities. Thank you, Madam Chair.
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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Kevin O'Reilly Frame Lake
Thanks. Yeah, that's not what the bill says. But if that's what the department wants to do, I'm okay with that.
What I want to do, Madam Chair, if I can move the motion is to change that so that the department -- the Minister actually has explicit authority to do that, to set up regulations that deal with changing one of these plans once it's already in place. So with that, Madam Chair, can I move a motion?
Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
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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
October 3rd, 2023
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Kevin O'Reilly Frame Lake
Thanks, Madam Chair. I move that paragraph 127(z.01) of Bill 74 be deleted and the following substituted:
(z.01) respecting requirements for wildlife prevention and preparedness plans under subsection 45(2) and the amendment of such plans.
Thank you, Madam Chair.
Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Some Hon. Members
Question.
Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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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? Member for Kam Lake.
Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Kevin O'Reilly Frame Lake
Yeah, I'm kind of tired too. Thanks, Madam Chair.
So I guess there's one other matter that I think could be clarified here. And the current wording of the section we just discussed, z.01.1 of the regulation making authority really doesn't provide any specific authority for what the timelines might be for this review. And part of that is important because industry wants certainty. You want to know if I submit a plan, how long is it going to take to get it approved before I can go do my stuff. You want to know that. That's a reasonable expectation. So there's no specific authority here to set timelines. So where's that specific authority found? I wanted to ask that of our witnesses today. Thanks, Madam Chair.
Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Dr. Erin Kelly
Thank you, Madam Chair. Specific authority is not required. There is sufficient authority in the bill to regulate time periods for these plans without this addition. Thank you, Madam Chair.
Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Kevin O'Reilly Frame Lake
Thanks. Can someone, then, point me to which specific section of the bill provides that authority? Thank you, Madam Chair.
Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Committee Motion 489-19(2): Bill 74: Forest Act - Amend Paragrah 127(z.01), Defeated
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Shane Thompson Nahendeh
Thank you, Madam Chair. For that sort of detail, I'll turn to Ms. Bard, please.
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