EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
Colleagues, please remain in your seats. We will move on to the next bill. Please remain seated as we set up for this.
(interpretation ends) I would now like to ask the Minister of Economic Development and Transportation if she has officials that she would like to appear before the committee.
Bill 29 – An Act to Amend the Motor Vehicles Act – Consideration in Committee
Do members agree that the minister’s staff go to the witness table?
For the record, Madam Minister, please introduce your officials.
To my left is Sherri Rowe, Deputy Minister of Economic Development and Transportation, and to my right is Jordan Aariak, Manager of Tourism Development.
Welcome to your officials who will be at the witness table.
You can now proceed with your opening comments. Ms. Ell-Kanayuk.
I am very happy to appear before you today to introduce Bill 29, An Act to Amend the Motor Vehicles Act.
(interpretation ends) Bill 29 meets a long-standing and strategic objective of the government. It reflects Sivumut Abluqta’s commitment to healthy families and communities by putting safety at the heart of the proposed amendments.
This bill will change the name of the Act to the Traffic Safety Act.
In addition, it updates Nunavut’s legislation and aligns it with other Canadian jurisdictions while respecting Nunavut’s environment and the interests of our communities and residents.
Besides a few consequential amendments, the Act has not been amended since before division from the NWT.
Nunavut needs an Act that reflects current realities and improves safety for all Nunavummiut, whether they are drivers, passengers, or pedestrians.
We all rely on our roads and road safety affects us all.
We also need to ensure that Nunavut meets its commitment under national agreements to ensure continued reciprocity with other jurisdictions.
Reciprocity in this case means the ability for a licensed driver from Nunavut to be recognized in another province or territory. (interpretation) Mr. Chairman, this is important to Nunavummiut who want to drive a car outside the territory, whether it’s renting a car in Winnipeg or youth enrolling in training programs in the south.
These basic activities are only possible because our licence continues to be recognized outside of Nunavut.
(interpretation ends) The need for updated legislation is clear in light of the rate of traffic incidents and injuries in Nunavut. According to statistics compiled by Transport Canada using accident data gathered in Nunavut by the RCMP, our rates of fatalities and injuries are much higher than the Canadian average on most measures.
Nunavut-wide consultations were held during the winter and spring of 2015-16.
This included a web-based survey, targeted interviews with organizations like the Nunavut Association of Municipal Administrators, Inuit organizations, and the RCMP.
We listened closely to Nunavummiut and Nunavut organizations when developing the amendments in the proposed bill.
We heard clearly that while Nunavummiut were generally supportive of the proposed graduated licensing system, they were concerned that no one should suffer unreasonable delays in moving through the licensing process, particularly in smaller communities.
As a result, the bill was changed to enable government liaison officers to carry out written exams. This will allow examiners to spend more time on road tests.
In addition, I am personally committed to ensuring that before any graduated driver’s licence regulations come into force, the government ensures that it has the resources in place to provide equal access to licensing services for all Nunavummiut.
As I have said, the key objective of this bill is to improve driver, passenger and pedestrian safety. This will be achieved by delivering the following key amendments:
Increasing penalties for impaired driving, including up to 90-day roadside suspensions for repeat offenders, and zero blood-alcohol limits for novice drivers;
A prohibition against distracted driving, specifically the use of hand-held electronic devices; and
A regulation-making power allowing for the introduction of a graduated driving licensing system to support new driver safety through additional testing prior to obtaining a full licence.
In addition to these changes [which] have a primary focus on safety, we propose other amendments to provide additional protection for Nunavummiut, for example, by licensing motor vehicle dealers operating in Nunavut and requiring dealers to provide a used vehicle information package when selling a second-hand vehicle.
I am confident that this Act meets the interests of the territory and will improve driver, passenger and pedestrian safety on Nunavut roads.
I welcome the deliberations on this bill and look forward to the opportunity to explain its provisions in greater detail. (interpretation) Thank you.
As Chair of the Standing Committee on Legislation, I am pleased to make opening comments as the Committee of the Whole begins its consideration of Bill 29, An Act to Amend the Motor Vehicles Act.
As members will recall, Bill 29 received second reading on November 8, 2016 and was referred to the Standing Committee on Legislation for consideration.
The standing committee supports the intent of the bill, which the minister has described in her own opening comments.
I am pleased to note that the standing committee and the minister have undertaken a productive dialogue concerning Bill 29.
Mr. Chairman, during the minister’s recent appearance before the standing committee on the occasion of its clause-by-clause consideration of Bill 29, a total of 12 motions were moved to amend the bill, all of which received ministerial concurrence.
In addition to a number of technical amendments, Bill 29 was also amended to address a number of concerns regarding the safeguarding of personal information in respect to information-sharing agreements entered into by the government.
The standing committee was pleased to receive a commitment from the minister that the forms used by Nunavummiut who are applying for driver’s licences and general identification cards will be reviewed in this area.
The standing committee was also pleased to have received a formal commitment from the minister that she will introduce a short, stand-alone bill during the upcoming final sitting of the current Legislative Assembly to provide for statutory reporting requirements under the legislation.
As members are aware, the Parliament of Canada is presently considering proposed legislation to legalize cannabis in this country.
Another theme that emerged during the standing committee’s deliberations was the need for the territorial government to be prepared to introduce further amendments to the Motor Vehicles Act to address the issue of drug-impaired driving in Nunavut.
The standing committee also urges the government to be mindful of the practical realities of small communities when it is developing regulations to implement the new graduated driver’s licence system.
The standing committee also looks forward to the introduction of comprehensive amendments to the All-terrain Vehicles Act during the next Legislative Assembly.
Mr. Chairman, I anticipate that one motion will be moved during today’s proceedings regarding the coming into force dates for Bill 29.
Mr. Chairman, that concludes my opening comments. The standing committee recommends the passage of Bill 29, as amended and reprinted, to all members.
The floor is now open for general comments. (interpretation) Please raise your hand so that I can recognize you.
Mr. Okalik (interpretation): Thank you, Mr. Chairman. I would like to welcome the minister and her officials.
When we were dealing with the draft bill, I was grateful to her department for the way they drafted the legislation, as we are behind in some ways, such as handicapped parking lots.
I was pleased to see their inclusion in this bill.
I was also pleased to see the provisions related to the resale of used vehicles within Nunavut, especially vehicles that are on the point of breakdown, as this has led to many concerns amongst residents.
To see it remedied is something they should prepare for as it requires a vehicular history, as well as its condition rating prior to sale.
I am very pleased about these sections for improvement, especially impaired driving penalties that are more severe within this bill. I would like to thank the minister and her department. It will be of great benefit to Nunavummiut once the amendments are in force.
I wanted to start with those comments, Mr. Chairman.
I didn’t really hear a question in the member’s comments.
However, to provide more details on some of the matters, yes, it will provide a lot of improvements, especially for our handicapped drivers or those who have handicapped passengers, although this amendment should have been added earlier as it wasn’t included.
This includes additional provisions related to winter hazards and such things as snow banks and snow buildup around intersections.
Now I expect in the future that this will improve the daily operational challenges, for example, that may intrude on people’s lives, so it will benefit drivers.
As well, what the member mentioned partially was related to drivers with hand-held devices resulting in distracted driving. These are some of the issues asked about, as drivers must keep their eyes on the road at all times and not be distracted by other things while driving. This includes trying to text while driving.
This can completely result in accidents and it will be included in the new legislation.
It is one of the additions I take great pleasure seeing within the legislation, as it is now referenced in the sections related to hand-held devices or other devices used today, such as notebooks or touchpads.
It will be prohibited and outlined in the bill.
Good afternoon, Madam Minister and your officials, and my ataatakuluk.
I will be asking for clarification because not all Nunavummiut know the contents of this legislation.
We can have some sections of the bill clarified.
We have been working on this bill, including by correspondence and in committee to try and reach a mutual understanding.
One of the minister’s letters states that her department is looking at the possibility of alternative service delivery agents, which I’m not sure how to say it in Inuktitut, for the purpose of appointing additional examiners to administer the graduated driver’s licence system in Nunavut.
Can the minister clarify what she means by alternative service delivery agents?
Regarding the alternative service delivery agents, if an individual wants to try to get a driver’s licence, they have to do a written test first before they get a learner’s permit.
At this time it’s usually the RCMP and by-law officers that deliver the written tests.
It has been considered through this legislation to review the possibility of using alternative service delivery agents such as GLOs, who can take on that responsibility.
The government liaison officers can deliver this service. If we need to identify other delivery agents, we can do so.
On page 2, the minister stated that “As a result, the bill was changed to enable government liaison officers to carry out written examinations.
This will allow examiners to spend more time on road tests.”
At this time, when a road test is required, who does the testing? Is it the RCMP officers or others who administer the road tests?
If a road test is required, the RCMP officers do the testing.
I’m going to ask two questions at the same time as I want to move on.
The RCMP officers conduct the driving test. The testing would not change?
My second question is in regard to some of your correspondence which states that the government plans to introduce a graduated driver’s licence system in Nunavut. The letter indicates that the department intends to cease the routine practising of issuing driver’s licences restricted to Nunavut.
I would like to ask about anyone who doesn’t mind having a restricted Nunavut driver’s licence. I believe that if some of us tried to drive down south, it would be very dangerous for others and ourselves.
If I wanted to retain a restricted Nunavut driver’s licence, would I have that opportunity?
Hon. Monica Ell Kanayuk (interpretation): Thank you, Mr. Chairman.
I believe I heard three questions, so I’ll try to respond to them. I was trying to listen to him closely.
Mr. Chairman, with his last question, people who have a restricted driver’s licence can only drive in Nunavut.
Even though we’re going to switch to a graduated driver’s license system, those who have a restricted Nunavut driver’s licence can remain at that level.
If they don’t want to graduate to another driver’s licence level, they can remain at that level. They will have that option.
The member also asked if the RCMP would be conducting the road test.
The RCMP officers want to move away from taking on that responsibility in Nunavut.
We’re now working with them on how we can deliver the service for road tests so that we can manage the road testing system properly because the RCMP would like to move away from that responsibility in the future.
I can’t remember his other question.
Is that sufficient?
Let me get back to the other question.
As you had stated, Madam Minister, individuals who want to have a restricted Nunavut driver’s licence can retain their driver’s licence.
Some time in the future after this legislation has been enforced, if a first-time driver wants to get a driver’s licence, will their licence be graduated so that they can drive anywhere in Canada?
Will they have an opportunity to keep their restricted licence in Nunavut or will that be phased out?
Hon. Monica Ell Kanayuk (interpretation): Thank you, Mr. Chairman. I also thank the member for asking about that.
Although the restricted Nunavut driver’s licence will no longer be used in the future, those who already have a restricted driver’s licence can keep them.
With the new legislation we will introduce a graduated driver’s licence system in Nunavut with three levels.
I can say that even if they don’t want to drive down south, they can keep their middle level driver’s licence. Individuals who don’t want to graduate to another level, they can retain the level that they’re at.
I am sure Nunavummiut can understand that.
I will move on to another topic.
In some of your correspondence on this bill…
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Chairman: I call the committee meeting back to order. (interpretation) We will continue with (interpretation ends) Bill 29, An Act to Amend the Motor Vehicles Act.
I still have some questions.
As we were dealing with Bill 29, I understood that vehicle traffic at mine sites is not affected by the bill or the Motor Vehicles Act. That is how I understand it. The Act is not enforced at those locations.
It should be noted that the mining companies enforce their own safety programs.
My question is: to what extent is the government evaluating the effectiveness of mining companies’ safety programs?
If the roads that lead to mine sites can be used by anyone, for instance, if they are public access, then the legislation would apply to the mining companies.
In response to his second question, heavy equipment will have to be registered through our office so that they can be inspected for safety.
Let me ask a question about what I know.
For example, there are mines at Mary River and Milne Inlet. There are many vehicles in both of those locations, one at the mine and one at the inlet.
Do they have to register their vehicles with your department or not?
If they are going to be used on public roads, they have to be registered.
Moving on to a different topic, there are different provisions in the Motor Vehicles Act, such as impaired driving regulations.
The regulations under the Motor Vehicles Act have not been updated for many years, including the breathalyzer regulations.
When will you update the regulations under the Act?
These are under the federal legislation, so I can’t say when they will be updated.
Along the same line, the RCMP administers the breathalyzer test.
If we are going to pass this legislation today, it includes provisions for that.
Are you satisfied that the RCMP has adequate and up-to-date breathalyzer equipment in all 25 communities?
If a community didn’t have breathalyzer equipment, the officer stopping the driver can get their blood tested at the health centre.
I want to be clear and all Nunavummiut to be clear that we can be taken to the health centre… .
For example, if the RCMP stops someone who they think is under the influence, if they don’t have a breathalyzer or if it is untimely, let’s say, four o’clock in the morning, they would have to wake a nurse to go to the health centre, even though it’s only a suspicion and they’re not under the influence. A nurse would have to be awakened if they don’t have a breathalyzer. The nurse would have to get up and go to the health centre because they have to a blood test.
Is that how it would be set up?
Yes, if they didn’t have the equipment in the community, then that would be the case.
The RCMP would do the standard tests like walking and impairment testing. They would do that first.
I would like to ask about your opening comments on page 1, fourth paragraph.
It states, “…improves safety for all Nunavummiut, whether they are drivers, passengers, or pedestrians.”
Thinking about that, I don’t know whether the drivers are impaired by drugs or not.
Thinking about it, there are different types of drugs.
Some medications are powerful and can cause impairment.
If the legislation passes, will the drugs that I just mentioned be included in the provisions? I hope I am clear.
I’m not sure of the terminology in Inuktitut, so I will answer in English. (interpretation ends) Only for controlled substances.
If that is the case, it probably wouldn’t be a surprise in the community as far as it applies to roads.
I have a second question on the bill.
In English it’s “vehicle.”
It will be changed to “motor vehicle.”
I think that’s the case, if I understand it properly.
We will probably see in the regulations “motor vehicle,” as long as it has a motor in it.
If I understand it correctly, the Hondas and ski-doos are used a lot in the smaller communities. Will the regulations also apply to those types of vehicles?
The amendments include if they are driving on a public road. If a four-wheeler, which is called an all-terrain vehicle, is driven on public roads while the driver is impaired, they would also be dealt with under the Act.
I’ll ask a question about the regulations.
I don’t see anything in the documents here about a vehicle with wheels, such as a car or an ATV, or a snowmobile and if there is an age limit. We will probably see that in the regulations. I hope I’m clear.
I didn’t see the light.
If they’re going to drive on what’s called municipal roads or city roads that are public roads, either a motor vehicle or an ATV, they would need a driver’s licence or a learner’s permit.
They would have to be 15 years of age or older.
Following my list of names, Ms. Angnakak. (interpretation ends) No?
(interpretation) Thank you very much. (interpretation ends) I have no more names on my list.
Bill 29, An Act to Amend the Motor Vehicles Act. Clause 1.
Chairman: Clause 38.1. Agreed?
Chairman: Clause 44.1. Agreed?
Chairman: Go to Schedule A on page 34.
Chairman: Go back to page 31. Clause 64.
Committee Motion 017 – 4(3): Bill 29, An Act to Amend the Motor Vehicles Act, Clause 77 Amendment (Ell-Kanayuk)
Hon. Monica Ell-Kanayuk: Thank you, Mr. Chairman. I would like to move a motion in committee that clause 77 be struck out and the following substituted:
This Act comes into force on the earlier of December 31, 2018 or a day to be fixed by the order of the Commissioner.
Chairman: The motion is in order and being distributed to all members.
To the motion. Ms. Ell-Kanayuk.
This amendment is to allow for this bill to be coming into force by December 31, 2018 or earlier.
Chairman (interpretation): Thank you very much. (interpretation ends) I do not see any other hands.
To the motion. All those in favour of the motion, please raise your hand.
Clause 77, as amended.
Chairman: Does the committee agree to Bill 29 as amended?
Does the committee agree, pursuant to Rule 62(2), that Bill 29, as amended, be placed on the orders of the day for third reading?
Closing comments, Ms. Ell-Kanayuk.
I thank my colleagues for asking some real good questions and made some proper changes. Our cooperation was very evident for this one.
I would like to thank my officials who are here with me today and those of my staff that are not here who worked on this as well.
I would also like to thank the people who were consulted and were able to express their opinions about possible changes.
Thank you very much. (interpretation ends) What is the wish of the committee?
Mr. Enook (interpretation): I move to report progress.
Mr. Mikkungwak: Mr. Speaker, your committee has been considering Bills 25 and 29, as amended, and would like to report that Bills 25 and 29, as amended, are immediately ready for third reading, with one committee motion being adopted.
Mr. Kuksuk. (interpretation ends) The motion is in order.
Bill 25 – An Act to Amend the Consumer Protection Act – Third Reading
I move, seconded by the Hon. Member for Cambridge Bay, that Bill 25, An Act to Amend the Consumer Protection Act, be read for the third time.
Bill 29 – An Act to Amend the Motor Vehicles Act – Third Reading
I move, seconded by the Hon. Member for Cambridge Bay, that Bill 29, as amended, An Act to Amend the Motor Vehicles Act, be read for the third time.
Before we proceed further, Mr. Clerk, will you determine if the Commissioner of Nunavut is prepared to enter the Chamber to give the assent to bills.
Commissioner Nellie Kusugak (interpretation): Thank you. I am here in the House once again. As Commissioner of Nunavut, I am pleased to give assent to the following bills:
Bill 25, An Act to Amend the Consumer Protection Act;
Bill 29, An Act to Amend the Motor Vehicles Act;
Bill 39, Miscellaneous Statutes Amendment Act, 2017;
Bill 44, Supplementary Appropriation (Operations and Maintenance) Act, No. 1, 2017-2018;
Bill 45, Supplementary Appropriation (Capital) Act, No. 2, 2017-2018;
Bill 46, Appropriation (Capital) Act, No. 1, 2018-2019;
Bill 49, An Act to Provide for Elections for Municipal Councils and District Education Authorities; and
Bill 50, An Act to Amend the Legislative Assembly Retiring Allowances Act and the Supplementary Retiring Allowances Act.
In recent weeks I have had the pleasure of visiting a number of our territory’s beautiful communities with the Speaker, including Grise Fiord, Kimmirut, Pond Inlet, and Resolute Bay.
I again congratulate the residents of Kimmirut and Pond Inlet who were recognized with awards from my office for their contributions to their community.
I wish to take this opportunity to express my appreciation to those of you present today who hosted me during these successful visits, and to thank your constituents for the wonderfully warm welcome that they extended to me.
I hope you enjoy the springtime. I am pleased that you will be spending time with your families.
I am very grateful for the welcome you always give me.
The day before yesterday there were some writings on the wall and I recognized a number of people there. The names reminded me of my childhood in Arviat.
I wish all members a safe return to your communities and constituents.
On July 1 we will be celebrating Canada Day and we will celebrate the fact that we are a part of Canada, but let us never forget we were here first.
I am very grateful to all of you.
(interpretation ends) I just want to thank Warrant Officer Daniel Calamayan from 795 Iqaluit Royal Canadian Air Cadet Squadron.
It has been an honour and a privilege to have you with me today. (interpretation) Thank you very much.
I also thank our pages from the (interpretation ends) Royal Canadian Air Force Cadets No. 795 (interpretation) in Iqaluit for serving us very well during the sitting. I thank them very much.
Before we adjourn, I would like to wish you a safe travel home and enjoy your outings in the spring and summer. Please be safe and we will see you again when we return.
(interpretation ends) This House stands adjourned until Tuesday, September 12, at 1:30 p.m.
>>House adjourned at 18:38