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 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. To the motion. I will go back to the mover for any closing remarks. Member for Frame Lake.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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 for that, Madam Chair. I appreciate the comments that folks have brought forward. But I think one of the reasons I'm bringing this forward is because the department doesn't appear to have done any public engagement with NWTAC because they asked the committee to do this. So it's one of the reasons why I'm here, is trying to ensure that zoning bylaws are properly recognized and incorporated into forest management decisions. So I think some of that work can and should have been done before we got here.

This is not about having to review every single bylaw that a community government has when you issue forest licenses or permits. It's about making sure that whoever -- the forest superintendent, when these things are issued, you know, if it's within a municipal boundary, might as well check the zoning bylaw to make sure that what you're doing is consistent with the zoning bylaw. So I don't think this adds any confusion whatsoever. In fact, it adds clarity because right now it's not clear whether the department's going to consider zoning bylaws which they issue licenses and permits. Maybe that could come in the regulations; I don't know. But I think if we're going to talk about land use plans and providing some clarity for those, providing some direction for issuance of licenses or permits, it should include zoning bylaws as well because that's the instrument that community governments use. So it doesn't add confusion. This is about adding clarity. Thanks, Madam Chair.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6673

The Chair

The Chair Lesa Semmler

Thank you. To the motion.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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, raise your hand. All those opposed, raise your hand. All those abstaining, raise your hand. The motion is defeated.

---Defeated

Clause 48, does committee agree?

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---clauses 49 through 126 inclusive approved

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Clause 127. Member for Frame Lake.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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. This is a huge long list of regulation making authority. In fact, I think it's probably longer than any other bill I've ever seen. Maybe I'm wrong but this is pretty close.

One of them here, z.01.1 talks about wildlife prevention and preparedness plans, making regulations around those and how those plans might get provided to affected governments. And I'm just wondering if this authority really covers in any way the situation where a plan -- a wildlife prevention and preparedness plan might change during the course of a year. Can I get an answer from the -- sorry, I'll just back that up.

This is a new -- I think it already exists in the existing legislation and regulations, but this is contained now in the legislation itself if and when this passes. And it will, I'm convinced. These wildfire prevention and preparedness plans, they will cover certain kinds of activities where operators, industries, go out and do stuff. You want to make sure that they're prepared for a fire and that they actually do their best to prevent a fire in the first place. So they're going to have an onus to prepare a plan if it meets certain criteria. And that plan is going to get submitted to the forest superintendent. And the way the bill's drafted now, it looks like the party preparing the plan might have to provide it to a community government if it's within municipal boundaries or adjacent to it. It's -- I think that's how this is supposed to work. I'd rather have it that it goes to the forest superintendent. But is there any provision in the regulation making authority here to actually change that plan partway through a season? Thanks, Madam Chair.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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. Minister.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

Thank you. With your permission, I'll ask Ms. Bard to come in and answer that question. Thank you.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Ms. Bard.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Bard

Thank you, Madam Chair. The current regulation making authority provides sufficient authority for amendments to wildlife prevention and preparedness plans to be made and for engagement to occur on those plans. Thank you, Madam Chair.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. So can someone point out to me where that's found in the -- can they give me a specific section? Thank you.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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. Go ahead, Ms. Bard.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Bard

Sorry, Madam Chair, could the question be repeated, please.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Member for Frame Lake, can you repeat.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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. So where -- what specific section of the regulation making authority where -- what section am I going to find this authority to deal with what happens if someone wants to change their wildfire prevention and preparedness plans, and what happens with any change to plans with regard to how communities might be involved in reviewing or offering comments on them? Thanks, Madam Chair.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you. Ms. Bard.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Melissa Bard

Thank you. So in the substance of the bill, section 45(3) covers the ability for a plan that is not satisfactory to be resubmitted. And then further, the regulation making authority that exists in section 127(z.01) covers the broad ability to regulate requirements for wildfire prevention and preparedness plan. Thank you.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Thank you, Ms. Bard. Member for Frame Lake.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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. Look, I don't want to prolong this. Where is the provision found in the bill for an industrial operator to make changes to a plan once it's approved? Because I think it's going to happen. You know, they're supposed to submit the plans at the beginning of the season. Sometimes people don't -- if they want to change their activities out there, they may want to move somewhere else or do something differently. Where is that found in the bill if someone wants to make a change to the plan? And how is it going to be reviewed and who gets engaged and so on? Thank you.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), 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 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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Shane Thompson

Shane Thompson Nahendeh

For that detail, I'll turn to Mr. Wheler, please. Thank you.

Committee Motion 488-19(2): Bill 74: Forest Act - Amend Subclause 48(2.1), Defeated
Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Lesa Semmler

Mr. Wheler.