Thank you, Mr. Speaker. I have got three pages for you today.

Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on Bill 67, An Act to Amend the Fire Prevention Act, and commends it to the House.

Introduction

Bill 67: An Act to Amend the Fire Prevention Act received second reading on November. 3, 2022 and was referred to the Standing Committee on Government Operations for review.

Bill 67 makes changes to the Fire Prevention (Act) that has not been comprehensively reviewed since it was first passed in 1988. Bill 67 is intended to improve regulatory functions of the Act, create an authoritative plan review process, and a formal avenue of appeal for plan reviews, as well as provide protection against personal liability that is comparable to other jurisdictions.

The new act specifically changes the following:

• adds a liability exclusion for fire officials.
• authorizes the fire marshal to delegate duties.
• requirements made in a plan review report are binding.
• establishes a plan review appeal board.
• modernizes language.

Committee Considered Public Input

Committee sought public feedback on Bill 67 with a public notice and targeted engagement letters. Committee received written submissions from the Northwest Territories Association of Communities which is included as an appendix to this report.

On January 12, 2023, committee held a public hearing to review Bill 67. At that meeting, committee heard remarks from Minister of MACA, asked questions to departmental officials, and received oral comments from the NWTAC. Committee thanks the NWTAC for their engagement.

One area that NWTAC identified was the need to provide clarity and certainty with respect to the timelines of the appeal board process. Committee agreed with this concern.

Committee also held concerns regarding the composition of the board and wanted to ensure the appeal board would consist of industry professionals from across the NWT and not be filled with public servants.

Committee was initially concerned about the exclusion of liability clause for the Minister or others carrying out a power or duty by the Act, but committee recognizes this is necessary to provide protection against personal liability for those performing statutory functions and that the clause is consistent with other jurisdictions across Canada.

Committee recognizes the NWT lacks standalone building standards legislation, as most other jurisdictions across Canada have. Committee has expressed concern that without building standards legislation the fire marshal is becoming the authority for both fire and buildings. The NWT is currently the only Canadian jurisdiction that has not adopted a building standards framework to support the National Building Code and the National Fire Code. The GNWT has identified this legislation needs to be developed and is targeting for the 20th Assembly.

Committee Amended Three Clauses

Timeline for Appeal Board Process

While committee welcomes the establishment of an appeal board to deal with appeals on decisions of the fire marshal, committee was concerned the legislation did not provide enough clarity on timelines for the process. The NWTAC also requested the timeline for appeal board processes be clarified in legislation.

A motion was drafted to ensure a clear timeline was established for the appeal board to make a decision on the appeal board hearing. Clause 14 of Bill 67 is amended to establish a 30-day period for the board to "affirm, modify or revoke the order."

Committee is satisfied this motion provides a clear timeline for the appeal board process to be carried out and that the motion to amend clause 14.1(3) was passed at the clause-by-clause review.

Appeal Board Composition

While committee supports the establishment of an appeal board there was concern about the composition of the board. Committee specifically wanted to ensure that the GNWT would not create another board that is filled by public servants. Committee refers specifically to the composition of the Northwest Territories Power Corporation board held by deputy ministers and views this as highly inefficient and ineffective. Committee also wanted to ensure that clear provisions were in place to ensure industry professionals from across the NWT filled the composition of the appeal board.

A motion was drafted to ensure the "Minister shall make reasonable efforts to appoint members who are representative of the industries and communities of the Northwest Territories."

This motion was passed at the clause-by-clause review.

A motion was drafted to ensure public servants refrain from participation in the appeal board. The motion provided certainty that "the Minister shall not appoint a member of the public service to the board."

This motion was passed at the clause-by-clause review.

Conclusion

On February 13th, 2023, committee held a clause-by-clause review. Committee passed the motions to report Bill 67, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole.

This concludes the Standing Committee on Government Operations' review of Bill 67. Thank you, Mr. Speaker.