May 3, 2021 Crown and Central Agencies Committee 31 Match Current Practice
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STANDING COMMITTEE ON CROWN AND CENTRAL AGENCIES Hansard Verbatim Report No. 4 — May 3, 2021 Published under the authority of The Hon. Randy Weekes Speaker Legislative Assembly of Saskatchewan Twenty-Ninth Legislature Hansard on the Internet Hansard and other documents of the Legislative Assembly are available within hours after each sitting. https://www.legassembly.sk.ca/Calendar STANDING COMMITTEE ON CROWN AND CENTRAL AGENCIES Mr. Terry Dennis, Chair Canora-Pelly Ms. Erika Ritchie, Deputy Chair Saskatoon Nutana Mr. Steven Bonk Moosomin Mr. Daryl Harrison Cannington Mr. Terry Jenson Martensville-Warman Mr. Greg Lawrence Moose Jaw Wakamow Mr. Dana Skoropad Arm River STANDING COMMITTEE ON CROWN AND CENTRAL AGENCIES 29 May 3, 2021 [The committee met at 18:00.] accepting bills of sale without vehicle details, VIN [vehicle identification number] numbers, and/or required signatures. The Chair: — I’d like to welcome you to the Standing Requiring a standardized bill of sale should make it more difficult Committee on Crown and Central Agencies. I’m Terry Dennis, to commit fraud and reduce errors by issuers. the Chair. With me tonight we have Daryl Harrison, Terry Jenson, Jeremy Cockrill substituting for Greg Lawrence, and Ms. The next amendment I’ll touch on is the one on trusted Aleana Young substituting for Erika Ritchie. frameworks. Privacy and security are top of mind these days as the world seems to move more and more towards digital means. I’d like to table the following document: CCA 10-29, Crown Trusted frameworks serve to enhance privacy and security of Investments Corp of Saskatchewan: Report on public losses from personal information because that information is not shared or January 1st, 2021 to March 31st, 2021. exchanged between agencies within the framework; instead it is only verified or authenticated. I’ll also note that the proposed And we’re going to go through the same COVID protocol as change only allows the use of trusted frameworks in situations previously. This evening the committee will be considering three where the customer has provided their consent. bills: Bill 17, The Traffic Safety (Miscellaneous) Amendment Act, 2020; Bill No. 18, The All Terrain Vehicles Amendment Act, We have worked closely with the Privacy Commissioner on these 2020; and Bill No. 24, The Vehicles for Hire Amendment provisions. SGI reached out to the Privacy Commissioner early Act, 2020. in the drafting process to discuss concerns that the commissioner may have about the trusted frameworks legislation. They also Bill. No. 17 — The Traffic Safety (Miscellaneous) held further meetings with the executive director of compliance Amendment Act, 2020 and people from the Privacy Commissioner’s office on January 26th and as recently as today. SGI has met with the office and the Clause 1 meetings are progressing well. The Privacy Commissioner’s concerns relate to the duplication of provisions in this bill and a The Chair: — We will now be considering Bill No. 17, The different government Act. Traffic Safety (Miscellaneous) Amendment Act, 2020. We will begin with our consideration of clause 1, short title. Minister We believe that SGI as an insurance company is in a unique Morgan, please introduce your official and make your opening position. Building a trusted framework with its customers needs comments. to have individual consent of each customer. That’s why we’ve brought forward separate data linking and trusted framework Hon. Mr. Morgan: — Thank you, Mr. Chair. Good evening. provisions in this bill. Joining me from SGI [Saskatchewan Government Insurance] today is JP Cullen, vice-president of Auto Fund operations. I’m Another proposed change is that this bill would allow vehicle also joined in the Chamber by my chief of staff, Jared, who will owners to sue to recover impoundment costs from a driver, even make sure that I don’t say anything too foolish. But Jared if that driver had the owner’s permission to use the vehicle. For Dunlop’s been also a lawyer so we can hope that he knows an example, an employer could recover the cost from an something that will make sure that I don’t get into any trouble. employee whose actions resulted in the impoundment. The first item on our agenda tonight is The Traffic Safety SGI is also proposing changes that would apply the same safety (Miscellaneous) Amendment Act. There are many changes in this standards for vehicles operating on permits to vehicles with bill, but allow me to touch on the more notable ones. The first permanent licence plates. Currently customers can purchase two proposed changes are intended to combat vehicle theft and permits to move vehicles or commodities as part of a commercial fraud. SGI is proposing several new offences that will fill a gap undertaking, but in many cases permit holders are able to bypass for situations that fall below the threshold for what law a number of safety and insurance requirements. enforcement will pursue in terms of criminal charges. Vehicle and registration fraud is a growing concern in Saskatchewan and Other proposed changes will modernize and harmonize the across borders. SGI discovered more than 100 instances of fraud process of disposing of abandoned vehicles for garage keepers. in 2019. Currently there are no consequences or action that SGI Currently there are a number of slightly differing sections in the or enforcement can take under The Traffic Safety Act other than Act that speak to this, which makes it difficult for garage keepers voiding the transaction. to accurately administer. These amendments will make it easier for garage keepers to administer the disposing of abandoned Police have indicated that unless the fraud is over $5,000 they vehicles. will not dedicate resources to it in terms of laying a Criminal Code charge. We are making numerous fraudulent acts There are also proposed changes that would bring speed offences chargeable offences under the Act. Implementing these changes established by municipal bylaw under the Act to make ticketing would provide police the ability to charge without requiring more efficient for police, and a change to the limitation period to Criminal Code proceedings. Law enforcement would issue the sue for non-economic loss in order to align this legislation with ticket. a recent court ruling. There are also several proposed changes to ensure the Act reflects current practices, and for housekeeping in In addition to these new offences, SGI is also proposing the terms of clarity, consistency, and accuracy. Mr. Chair, with that implementation of a standardized bill of sale for vehicles. I thank you, and we would be happy to answer questions. Without standardization, motor licence issuers have been 30 Crown and Central Agencies Committee May 3, 2021 The Chair: — Thank you, Minister. Before we ask any So what this change will do is change the legislation. So rather questions, I would like to apologize. I forgot on the introductions than have the two-year-plus-a-year from the date of conviction, to include Dana Skoropad too as well. Now I will open it up to it will just be two years from the date of conviction. So rather questions. than referring back to the date of the accident, it will allow for two years from the date of conviction to allow the claimant to Ms. A. Young: — Thank you, Mr. Chair. And thank you, bring an action for pain and suffering and bereavement. Minister, and to your officials and your chief of staff who I may embarrass by, I think, I may have hired 10 years ago-ish. So nice Pain and suffering is not ordinarily actionable, but would be in a to see you Jared, albeit on the wrong side of the Chamber. Just case where there is that type of a conviction. Bereavement is the kidding. Thanks, Minister. damages that would come from non-monetary things: pain and suffering or loss of companionship, etc. So that was the gist of The first question I have relates to the impounding of vehicles what the change was. and the changes that you spoke to there. And I’m wondering if you could, for the record, maybe share some of the feedback that Ms. A. Young: — Thank you, Minister. My last question, this these changes were introduced to accommodate. It’s not being the first bill that I’ve ever been cc’d on correspondence something, you know, within my personal life that I’m familiar from the Information and Privacy Commissioner on. I know you with, but I imagine there would be significant feedback, both cited that in the opening comments, and just to make sure I’m from individuals in regards to this as well as from industry. And fully understanding, those kind of comments are being taken into I’m wondering if, just for the sake of the record, you could clarify consideration and worked through as . some of the intent around that. Hon. Mr. Morgan: — They are. We wanted to make it Hon. Mr. Morgan: — I will turn it over to Mr. Cullen for that. abundantly clear that the Privacy Commissioner had chosen to make comments on this. And I think whenever that happens, Mr. Cullen: — Thank you. So we deal with garage keepers on a government, whether it’s a Crown or one of the ministries, should regular basis, and because the nature of the current legislation is always take those comments seriously and either accept them or quite complicated, there are a number of different parts of if they choose not to . But in this case, we wanted to make it legislation that aren’t exactly synchronizing with one another. clear that they had chosen to make a recommendation or make It’s quite confusing for them to administer.