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Mor Groups say They Were not Consulted Over Airports Act.

Wednesday, 18 October 2017 10:49

Four aviation groups and now the City of Whitehorse claim there was no formal consultation.

Highways and Public Works Minister Richard Mostyn (Whitehorse West) is in full damage control, working the phones behind the scenes, trying to assure the local air industry that the government’s new Public Airports Act is sound legislation. Four groups; Air North, Alkan Air, The Northern Air Transport Association (NATA) and the Canadian Owners and Pilots Association, Yukon Chapter (COPA) have all expressed some level of concern with the bill, either with not enough consultation or a proposed airport user/service fee.

Mostyn committed in writing to Air North that his government would not impose a user fee. Alkan Air wants that provision stricken from the legislation. On Oct. 11, NATA sent a letter to Mostyn, obtained by the CBC saying it was not consulted on the legislation as indicated by a government press release. The group says in August it had a brief discussion with Assistant Deputy Minister Allan Nixon, which is described as quick on the airports act. The group says the conversations were general in nature, did not include a draft legislative reference and that the short conversation would not be construed as consultation.

On Monday COPA president Rick Nielsen sent a letter to the government and media with a timeline of interactions with the government over the airports act. Nielsen and his group too take issue with consultation suggesting it was inadequate.  “COPA​ ​did​ ​not​ ​have​ ​the​ ​time​ ​in​ ​between​ ​the​ ​first​ ​draft’s​ ​distribution​ ​and​ ​the​ ​bill’s​ ​tabling​ ​to​ ​thoughtfully review​ ​the​ ​draft​ ​act,​ ​obtain​ ​consensus​ ​from​ ​its​ ​members​ ​on​ ​a​ ​response,​ ​and​ ​provide​ ​that​ ​response​ ​to​ ​the government​ ​for​ ​consideration​ ​and​ ​perhaps​ ​incorporation​ ​into​ ​the​ ​act.​ ​As​ ​a​ ​result,​ ​the​ ​tabled​ ​bill​ ​was, unsurprisingly,​ ​essentially​ ​identical​ ​to​ ​the​ ​draft​ ​legislation​ ​shared​ ​on​ ​September​ ​11​th​.”

Neilson wants the Bill shelved pending proper consultation. “To​ ​remedy​ ​these​ ​issues, ​ ​the​ ​bill​ ​should​ ​be​ ​put​ ​on​ ​hold. ​ ​There​ ​is​ ​no​ ​urgent​ ​need​ ​for​ ​the​ ​act, ​​and​ ​COPA​ ​feels that​ ​it​ ​is​ ​important​ ​the​ ​government​ ​take​ ​the​ ​time​ ​to​ ​develop​ ​airports​ ​legislation,​ ​not​ ​just​ ​the accompanying​ ​regulations,​ ​in​ ​consultation​ ​with​ ​stakeholders​ ​to​ ​ensure​ ​that​ ​any​ ​resulting​ ​act​ ​responds​ ​to Yukoners’​ ​particular​ ​needs​ ​and​ ​interests.”

Mostyn in the Legislature Monday said he stands by previous comments that NATA was consulted. “I stand by my statements last week in the House. However, I can understand that the Northern Air Transport Association feels it was not fully consulted on this legislation. I have spoken with them; I have heard what they had to say.”

Mostyn told CHON-FM that the government would not be putting this bill on hold, as recommended by the Official Opposition Yukon Party, and entered Second Reading Monday. There the Yukon Party, proposed an amendment to send the bill for further consultations with stakeholders, municipalities, industry, and the public.

Brad Cathers (Lake Labarge) says Mostyn is developing a credibility problem. “It’s disappointing. It didn’t take long for the Minister of Highways and Public Works to pick a fight with the private sector and he’s developing a growing credibility problem on this issue where he continues to effectively say that everyone is wrong but him and dismiss legitimate concerns with his father-knows-best attitude.”

Mostyn tried to fend off the attack suggesting the air industry will have further input during regulation development. “There is still a lot of room for discussion and advice and improvement as we do the much larger job of drafting the regulations that accompany this bill. We have learned from the previous engagement. We want to improve it and we will improve it. As we have committed, an advisory committee will be struck as outlined in the legislation to help with the drafting of the regulations.”

Mostyn tabled the minutes from a July 25th meeting, which included representatives from Alkan Air and COPA. The meeting lasted 50 minutes, with the minutes stating that a draft airports act was distributed to participants and was collected at the end of the meeting.

The City of Whitehorse says it was not formally consulted on the act. Councillor Samson Hartland says there were some discussions at the official’s level, but the elected Council did not view the Act. “I posed a few questions at City Council [Monday] night of administration to try to get some clarity around the press release from the Yukon Government, as to the City's involvement on being consulted on the Airports Act. We were informed by the City that there were some discussions at the official’s level, but a draft version of the act was never shared. In the words of the City Manager we were never quote-unquote formally consulted."

Hartland says the government has in the past consulted with Council on other matters, and would not commit to asking for the Bill to be slowed. Mostyn confirmed Tuesday that the Vuntut Gwitch’in First Nation was not part of the government’s targeted consultation. The Old Crow based First Nation is part owners of Air North and heavily use the territory's runways. Mostyn says the legislation will not affect the First Nation. Calls requesting comment from Chief Bruce Charlie have yet to be returned.

(Dan Jones Oct. 17, 2017)

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