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October 18, 2021

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. L No. 22

The

House met at 1:30 p.m.

SPEAKER (Bennett):

Order, please!

Admit

strangers.

I'd just

like to welcome everyone here again to the continuation of the First Session of

the 50th annual General Assembly.

We're

back to our somewhat normal seating plan. It's good to see everybody off the

floor and our Table staff being able to get back at the centre of the Chamber.

We're

going to be having our Pages again this year. I'd like for everyone to welcome

Tanisha Wright-Brown. She's returning as a Page from last time. Tanisha is from

Jamaica and now living in St. John's. She's completing her Ph.D. at Memorial

University's School of Pharmacy.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Our new Page is Leisha Toory.

Leisha is from Mauritius and is living in St. John's. She's studying political

science and French for Francophones at Memorial University of Newfoundland and

Labrador.

Welcome.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

SPEAKER:

Without further ado, we'll

move into Members' Statements.

Today,

we'll hear Members' Statements from the hon. Members for the Districts of St.

George's - Humber, Mount Pearl North, Grand Falls-Windsor - Buchans, Lake

Melville and Stephenville - Port au Port.

The hon.

the Member for St. George's - Humber.

S. REID:

Thank you, Mr. Speaker.

This

month members of the Stephenville Rotary Club celebrated 50 years of service to

the Bay St. George area. The Stephenville Rotary Club is part of Rotary

International, which has existed for 110 years.

Locally,

the organization has initiated and supported a number of community events. For

example, the club is involved with the Friendly Invasion Festival; sponsors the

Adventures in Citizenship program, which has sent several young people to Ottawa

to develop a better understanding of democracy; it hosts an annual Stephenville

Rotary Music Festival; it has partnered with the Leos to plant trees; as well,

the club members frequently volunteer with other groups in the community doing

things such as supporting the food bank, holding senior luncheons and organizing

winter carnival activities.

Over the

last 50 years, the Stephenville Rotary Club has participated in group study

exchange programs, which send five non-Rotarian professionals between the ages

of 25 and 40 to other countries to learn about their counterparts in their

chosen field.

I ask

all Members of the House of Assembly to join me in congratulating and thanking

the members of the Rotary Club of Stephenville on their 50 years of service.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Mount

Pearl North.

L. STOYLES:

Thank you, Mr. Speaker.

I rise

in the House of Assembly today to acknowledge another great volunteer who has

passed away. Wayne Andrews passed away in August of this year, only 67 years

old. He was well known in Mount Pearl because of his community involvement,

especially as a volunteer.

Wayne

served as chair of the Mount Pearl Frosty Festival, chair of the Mount Pearl

Sport Alliance and president of Campia Gymnastics. He also volunteered with

Mount Pearl Minor Hockey, Gymnastics Newfoundland and Labrador and served on

many other boards.

Wayne

loved to play music, cook and spend time with his family and friends in Salmon

Cove. He was a true family man. He will be missed by his wife of 45 years, Ann

Marie, and their children and grandchildren and a wide circle of relatives and

friends.

I ask

all Members to join me in remembering a great man and a great friend, Wayne

Andrews. He will be missed.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Grand

Falls-Windsor - Buchans.

C. TIBBS:

Thank you very much, Mr. Speaker.

Today, I

would like to recognize a friend and a colleague who served his constituents for

over 17 years, Scott Simms.

Born in

Bishop's Falls, Mr. Simms was elected to the House of Commons for the first time

in 2004, representing the citizens of Coast of Bays-Central-Notre Dame.

Known as

the weatherman, Scott started his political career in the Rhinoceros Party at

Mount Allison University where he earned his Bachelor of Commerce degree. In

Ottawa, Scott served as a chairman for both the Fisheries and Oceans Committee

and the Canadian Heritage Committee. A true constituency man, Scott was known to

stand with his constituents, though it wasn't the easy thing to do most times.

This

summer, Scott was asked by a mutual constituent: How do you get along with MHA

Chris Tibbs so well? Without hesitation, Scott simply answered: Because we are

adults and we both put our people first.

As well,

I want to congratulate my new MP, Clifford Small, knowing full well he will do

great things.

Finally,

I want to personally thank my former MP, Scott Simms, for his hard work and

dedication. God bless you and good luck to you my friend.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Lake

Melville.

P. TRIMPER:

Thank you, Speaker.

Happy

Valley-Goose Bay recently hosted Zara Rutherford, who is attempting to become

the youngest woman to fly solo around the world. Travelling in an ultra-light

aircraft, this 19-year-old from Belgium is encouraging other women to pursue

careers in aviation.

Globally, just 5 per cent of pilots are women. However, women from or living in

Labrador are reversing the trend: Christa Glover is a contract commercial

helicopter pilot; Allison Rumbolt and Zoe Webb are the first all-female crew of

a Sikorsky S-92 with Cougar Helicopters; Kayla Torarak, Brianna Ricketts, Raquel

Vaillancourt and Kelli Buffett fly Twin Otters for Air Borealis; Jennifer

Kennedy is their operations manager; Lisa Williams is a Dash 8 pilot with

Provincial Airlines; Tracy Squires flies with government Air Services, as does

Sandra Goulet who is a water bomber pilot.

At 5

Wing Goose Bay, Zara met with Captain Erin Pratt who flies the Griffon for 444

Squadron. There is more, as Marie-Soleil Penashue from Sheshatshiu recently

graduated from flight school at Goose Bay and is now pursuing her commercial

licence.

I would

ask this Legislature to wish Zara Rutherford success on her quest and recognize

the contribution of other women breaking their own records in Labrador aviation.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Thank you, Mr. Speaker.

Peter

Marche started fishing when he was only 13 years old. He was still in school and

got up early to go out on the water, go to school, come home and then go back

out on the water. Peter fished in many treacherous situations and recalls his

boat capsizing five times over the years. He had two boats sink while setting

lobster gear and fell overboard twice. One year he fell through the icy waters

chasing seals. He overcame all obstacles.

fished many different species of fish, but he was a lobster fisherman first and

remembers a happy day when he bought his first lobster licence for 25 cents. He

paid a dollar for both a commercial ground fish and a salmon licence. He could

buy a 45-gallon drum of gas for $13.50. Lobster prices fluctuated over the

years, but Peter said the best price he ever received was his last year fishing.

Peter

retired July 6, 2021, after fishing full-time for 58 years. He retired on what

would have been his 47th wedding anniversary. His wife passed the previous

February from an incurable lung disease.

Peter's

favourite saying was: “Fishing was in my bones.”

I ask

hon. Members to join me in congratulating Mr. Peter Marche on his long and

distinguished career as a proud fisherman.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Statements by Ministers.

Statements by

Ministers

SPEAKER:

The hon. the Minister

Responsible for the Office of Women and Gender Equality.

P. PARSONS:

Thank you, Mr. Speaker.

Mr.

Speaker, I am pleased to offer sincere congratulations to Ophelia Ravencroft,

the first openly transgender councillor elected in the City of St. John's.

Ravencroft handily won her seat on September 28 with nearly 45 per cent of the

vote. Her interest in local politics was sparked by a desire to help improve

commitment was unshaken throughout her campaign, even after facing death threats

and harassment due to her gender identity.

Ravencroft is following in the footsteps of Charlotte Gauthier of Gillams. First

elected in 2020, Gauthier, to our knowledge, is the first transgendered woman

elected to a municipal council in the province.

Mr.

Speaker, we all know that we need to do more to support diversity at

decision-making tables, including more women and gender-diverse individuals. The

success of both Ravencroft and Gauthier will encourage other gender-diverse

individuals to run for public office and will be a source of inspiration for

young people who are struggling with their gender identity – a symbol of

acceptance and a sign that systemic and attitudinal behaviors and beliefs are

changing.

Mr.

Speaker, I encourage all Members of this House to join me in acknowledging the

gains made by this election cycle. Congratulations to all municipal elected

candidates.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Torngat Mountains.

L. EVANS:

Thank you, Mr. Speaker.

I thank

the minister for the advance copy of her statement.

behalf of the Official Opposition, I offer my sincere congratulations to Ophelia

Ravencroft on being the first openly transgendered councillor elected to the

City of St. John's. I also acknowledge and extend my support to Charlotte

Gauthier of Gillams who was the first transgendered individual elected to a

municipal council in the province in 2020.

Both of

these individuals are important leaders and visible role models for many in our

communities and societies. Growing up as an open member of the two-spirited

LGBT++ community, I know how hard it is to be without visible role models out

there to identify with.

anyone is out there asking why are these two individuals so important to our

province, Mr. Speaker, I'll gladly answer that. As I have said previously in the

House of Assembly, presence gains acceptance. Charlotte and Ophelia, you have

the courage to be present and you have the courage to be seen. We are so very

proud of you.

I wish

you both every success in your roles as municipal councillors and I offer my

support to you both. My phone number and email are always open to you if you

ever wish to discuss policy decisions or challenges of elected public life.

Mr.

Speaker, I agree with the minister when she said we need more diversity at

decision-making tables. We need more women and gender-diverse individuals in

this House of Assembly, in our national government, in our Indigenous

governments and in our local government.

Congratulations once again to Ophelia Ravencroft and to Charlotte Gauthier.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for St.

John's Centre.

J. DINN:

Thank you, Mr. Speaker.

I thank

the minister for an advanced copy of her statement and on behalf of our caucus,

I would like to extend our heartfelt congratulations to Ms. Ophelia Ravencroft

on her election to St. John's City Council. Despite facing threats of violence

against her and her volunteers, Ms. Ravencroft continued with remarkable

courage, poise and determination. As a result of her knowledge and leadership,

the residents of Ward 2 overwhelmingly decided to choose her to be their voice

on September 28.

We can

also do more to encourage gender-diverse people to come forth and to run for

public office. I call on all of us here today to redouble our efforts to make

our own parties more welcoming spaces for diversity. Having voices like Ms.

Ravencroft's at the table will create more effective and impactful policies.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Are there any further

statements by ministers?

Oral

Questions.

Oral Questions

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Thank you, Mr. Speaker.

Does the

Premier continue to have confidence in his Minister of Health and Community

Services?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Thank you, Mr. Speaker.

An easy

one to start off: yes.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Mr. Speaker, the Premier is a

member of the Newfoundland and Labrador Medical Association, the same

association which has lost confidence and expressed frustration with the

Minister of Health and Community Services after six years of inaction.

I ask

the Premier: Do you support your association or do you support the Minister of

Health and Community Services?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Thank you, Mr. Speaker.

As the

Member opposite would know, I'm not involved in any discussions with respect to

the NLMA. It's an obvious conflict that I have recused myself from multiple

times.

With

respect to the tone of the question and the theme of the question: Look, we all

know that health care is under significant strain in this province right now.

It's not unique to this province; it's a national and an international issue if

nothing else.

The

minister himself and I created the Health Accord NL last year ahead of the curve

from the other provinces in this country, recognizing that it was a problem; it

is a problem. We are trying to fix the problem. It will involve short-, medium-

and long-term strategies, some of which were announced today, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Thank you, Mr. Speaker.

The

people of this province acknowledge the Minister of Health and Community

Services and you, as Premier, have the responsibility to improve our health

care, things that we haven't seen in the last number of years.

The

Minister of Health and Community Services keeps telling everyone we don't have a

crisis. However, the Premier's two hand-picked experts who are leading the

Health Accord said at a recent economic conference at Memorial University that

health care is in a crisis in this province.

Premier,

who should the people of the province believe: the minister or the leaders of

the Health Accord?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Thank you, Mr. Speaker.

you've heard me say many times, the system is definitely broken. It's one of the

reasons why I left the system to enter this system to try to fix it, Mr.

Speaker.

There is

no question: for a person who doesn't have a GP who is suffering, that is a

crisis. There is no question: for a person who can't find an ambulance, that is

a crisis. There is no question: for a hard-working nurse who's pulling her hair

or his hair out in frustration because of the system, it is a crisis. It is a

national crisis because of the pandemic; it is an international crisis because

of the pandemic. We recognize all of these things. But it is not a crisis of

confidence in the hard-working women and men who work in that system, Mr.

Speaker.

We're

working hard to try to change the system so that it'll be better, not for the

people who are working in it and being served by it now but indeed for future

generations to come.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Thank you, Mr. Speaker.

This is

not about the professionals that we have in the health care system. We know how

diligently they work for the people of this province. That's why we're still as

healthy as we are.

The

issues around the last six years of inaction, the issues of not being proactive

and now not even being reactive, Mr. Speaker, that's the issue here.

Why

would the Premier ask the Health Accord to reimagine health care – not tweak

health care, but reimagine health care – in this province if he didn't think it

was a crisis across the board?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Thank you, Mr. Speaker.

As I

said, the system is broken. Status quo is currently the dysfunction that's

preventing us from reimagining and reinventing it for the future. We've seen

during this time of disruption in the health care system because of the pandemic

that we can do better, we will do better. But it will take time; it will take

gathering of evidence. That's why we created the Health Accord.

I'm glad

the Members opposite finally saw fit to put a member on that accord, Mr.

Speaker, because we welcome all opinions. We want to make sure that we get this

system right. We're in the middle of a paradigm shift of how we deliver health

care that hasn't been seen since the 1960s.

So it's

incumbent upon all of us in this House, Mr. Speaker, to be the agents of change

to ensure that we get the right system for the future of this province, Mr.

Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Thank you, Mr. Speaker.

I just

want to clarify for the people of this province that our caucus has met with the

Health Accord on four occasions. Our Health critic has met with the Health

Accord members on numerous occasions, and we've had direct input because we want

to improve health care for the people of Newfoundland and Labrador, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

D. BRAZIL:

Premier, you can't address an

issue if you don't acknowledge that there is an issue. Yes or no, simply: Is

health care in this province in a crisis?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Mr. Speaker, I've already

addressed this multiple times, the same answer applies. It's a crisis for those

experiencing the system when it doesn't work for them. It's a crisis because of

the pandemic. In fact, it's amplified by the pandemic. The system is broken.

I've lived it. I worked it. I still work in it occasionally. This is a problem

that we need to fix. I've seen it first hand. We're listening to the people of

this province about how to better fix it.

Although

you've had input, the Members opposite have had input, they refuse to put

someone on that very forum that we created to have all the voices at the table

to ensure that we're getting the best input. This isn't about a Liberal issue or

an NDP issue or Progressive Conservative issue, Mr. Speaker; this is about the

health of the people of Newfoundland and Labrador for the future. We're in a

changing time, a paradigm shift and we need to make sure we capture that and

have the courage to do so.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

We have an admission that

there is a crisis, finally. Now if we can get the Minister of Health to

acknowledge the same.

So I ask

the Premier: Will you take a leadership role in improving the health care of the

people of this province?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Mr. Speaker, I believe we

already did that. We recognized before other provinces have that it is a

problem. It's the reason I left my old job to come in here to try to tackle it,

Mr. Speaker. We started before any other province across the country, and I've

met with all the other premiers to have a Health Accord because we knew it was a

problem.

This

isn't a short-term problem about putting a band-aid on; this is about redefining

and reimagining the system for the future. That is a long-term solution that is

required for the people of this province. We need to do it and we need to do it

right because we won't have this paradigm-shift moment in front of us for long,

Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Mr. Speaker, I thank the

Premier for his comments but it does little to satisfy or help anyone that can't

get access to a family physician at the present time or can't get a prescription

filled without having to go to emergency.

Today,

Mr. Speaker, after four years without a contract, 10 months of negotiations, the

only action the Minister of Finance took was to threaten the NLMA with

legislation that would remove the requirement for doctors to join the

association; a tactic to try to weaken the NLMA right in the middle of

negotiations.

I ask

the minister: How is this labour deadlock helping the 100,000 Newfoundlanders

and Labradorians who do not have a family doctor?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

The

issue of mandatory membership of lobby organizations has been on the cards for

seven years. I personally warned or advised the CEO and the current president of

the NLMA in 2019 that the issue with the pharmacists and the Pharmacy Act would

implicate them and have knock-on effects.

I firmly

believe that the issue of freedom of association is such that it can only be

debated and discussed properly in a fulsome debate in one place, and that is the

floor of the House of Assembly, Mr. Speaker, nowhere else. That is our intent to

do that and resolve that. The Members here will have a chance to have input into

that. But freedom of association is a charter issue, not for any one individual

to decide. It's this House's job.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Mr. Speaker, I wonder if the

hon. minister had the same opinion when he was the president of the NLMA.

I'd like

to ask the Minister of Finance – you said in your scrum that discussion is

ongoing about mandatory membership in associations and not just for medical

associations. So again, I ask the Minister of Finance: Are you considering

removing the mandatory membership requirements for the RNC to be members of the

RNCA?

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker.

I said

in my scrum that it was not a Treasury Board issue; that this matter of

mandatory membership was something that was being discussed with members of

associations, not within the Treasury Board or the collective agreement

negotiations whatsoever. I referred them to the Department of Health. And you've

just heard the response by the Department of Health, by the Minister of Health,

regarding same.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Mr. Speaker, the Green report

made a reference and a recommendation that principals and administrators of

schools should be removed from the NLTA.

So I ask

the minister: Are you considering removing the mandatory membership requirement

for teachers not to be members of the NLTA?

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Mr. Speaker, I can appreciate

the Member opposite is trying to inflame and conflate an issue. As I said in the

press conference last week, it had nothing to do with the discussions that we

were having with NLMA regarding their memorandum of agreement. I said that very

quite clearly.

referenced the members of the media to speak to the Department of Health

regarding mandatory membership in associations that are referred to. The

Minister of Health has already responded to that. So the continuing line of

questions is not related to anything to do with collective agreements.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Tell that to the NLMA, Mr.

Speaker.

Removing

mandatory membership, like what this government is doing with the NLMA, is

nothing more than union-busting, an affront to all groups that negotiate and

advocate on behalf of their members.

So will

the minister tell the House which other associations are they actually targeting

to remove the mandatory membership requirements?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

This has

nothing at all to do in negotiations and stems from a legal action against the

Pharmacists' Association and the Government of Newfoundland and Labrador that

started seven years ago. This affects a total of 10 organizations who, in

legislation, require mandatory membership of a lobby group to continue to

practise their profession.

I have

met with the NLMA, I've met with the Pharmacists' Association, I've met with the

dentists' association and I believe the next one on the list is the registered

massage therapists. We have in total 10. I can't, from memory, provide a

complete list, but would be happy to do so to the Member opposite.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Mr. Speaker.

Today,

after years of pressure from the Medical Association, nurses, NAPE and from

countless media stories and residents in our province crying out for help, the

minister announced some changes to health care in the province.

I ask

the minister: What was announced today that wasn't possible in the years

previous?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

My first

mandate was a pressing problem with mental health and addictions, and through a

process that involved various Members on both sides of the House, we put in

place a 54-point plan, which is well advanced, and well on the way to remedying

the problem. It is not done.

mandate in 2019 was to do exactly the same for acute and community care.

Unfortunately, one or two things got in the way, one of which was COVID. The

people who have kept everybody in here safe and the people in the province out

there have also been the ones who would derive the policies. These started a

long time ago. The reason it has taken so long, quite frankly, is we have

limited resources within the department to generate these and these people have

been working around the clock for 18 months keeping everyone safe. That's why it

was today.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Mr. Speaker.

COVID

came along 2019; this minister has been in his role since 2016.

SOME HON. MEMBERS:

Hear, hear!

P. DINN:

The minister has made

announcements in the health care field after repeated warnings from doctors,

nurses, paramedics and many others about the health crisis in this province.

Only now has he decided to take action.

Why have

you waited until now, when it appeared you were going to lose your job, to take

action?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

Again, I

rather answered this question, I think, with my previous answer. I think it is

only right and proper to point out that good policy takes time to get it right.

We have stalled because of COVID. Each time a wave passed and we started again,

another one came along. We have targeted mental health and addictions because

that was triaged as the main priority for the first mandate.

The

second mandate, as I say, we have had challenges with COVID. We have mounted

those challenges and succeeded, where few other jurisdictions in the world have

done it. And it is the same people who are going to write the right policies to

get health care fixed in this province, Mr. Speaker.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Mr. Speaker.

believe if the minister had read our health plan back in 2015 he'd be way ahead

of the game now, if he did that.

SOME HON. MEMBERS:

Hear, hear!

P. DINN:

The Minister of Health is a

former head of the NLMA, who led the doctors' strike in 2002. At that time, the

minister said to the doctors in our province – said they were the lowest paid in

the country – and I quote: They often leave to seek better opportunities

elsewhere, which leads to a critical shortage. That's back in 2002.

I ask

the minister: Do you still stand by this statement?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

Much to

the (inaudible) of the current premier of the day, we kind of fixed that

problem. Our compensation packages are competitive with Atlantic Canada and we

have announced a series of packages today, including $100,000 for a new family

graduate or one who wishes to start a practice or move and join an existing

practice with a return in service for five years.

Our

bursary program and the return-in-service work that we've done has a very low

default rate and will be, once again, successful in keeping candidates, keeping

residents in this province. We have a 4.4 per cent default rate; that is

minimal.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

I think some will beg to

differ on whether our compensation package is competitive with Atlantic Canada.

The minister said when he was president of the NLMA, that parity with physicians

in other Atlantic provinces must be achieved in Newfoundland and Labrador to

stem the flow of doctors leaving.

I ask

the minister: Does he still believe our province's doctors should be paid on par

with the rest of the Atlantic provinces, yes or no?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

We,

through government, spend $504 million a year between 1,200 and 1,300

individuals. I phrase it that way because the number varies depending on whether

you believe the College of Physicians and Surgeons or the Newfoundland and

Labrador Medical Association.

believe the quantum, the size of that pot is competitive with other

jurisdictions in Canada. The issue is how the NLMA choose to divide it amongst

their members.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Mr. Speaker.

One

quick question here – and I know the minister likes numbers and that: Can he

confirm that the doctors and physicians in our province are the lowest paid in

Canada?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

The answer to that question,

Mr. Speaker, is no, that is not the case.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Exploits.

P. FORSEY:

Thank you, Mr. Speaker.

During

the most recent outbreak of COVID-19 in the Exploits District, I was told on

three occasions by Central Health that there were no staff to provide testing

sites in Exploits.

I ask

the minister: How could he let this happen?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

The

location of testing sites during COVID was an operational decision for the RHAs

based on advice from CMOH or regional MOH.

Had the

issue of resources been one that was raised at the department it would have been

remedied. I cannot speak to the specifics of that but we're happy to look into

it.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Exploits.

P. FORSEY:

The reason was resources of

staff, I was told three times on occasions.

You

could find staff for Lewisporte - Twillingate during the outbreak, staff for

Baie Verte – Springdale and staff for Fortune Bay - Cape La Hune, why couldn't

you find staff for the Exploits District?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Once again, Mr. Speaker, I

was not made aware by the Member opposite that there was an issue with testing

in his district. Several of his colleagues were quite happy to contact my

department. So I can only speak from what I know. I can certainly go back and

check the veracity of that with Central Health. But if there is a need and

Public Health identify it, we will meet it.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Exploits.

P. FORSEY:

I did use protocol, Mr.

Speaker. I went to the CEO of Central Health and I was told on three different

occasions that there were no staff for the Exploits District.

Again,

how could the minister let this happen?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Mr. Speaker, Botwood is 20

minutes from Grand Falls-Windsor. That was where the testing site was.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you, Mr. Speaker.

Mr.

Speaker, today students rallied outside the building protesting government cuts

to Memorial University of Newfoundland and Labrador that will see massive

increases to tuition that many fear will force students to take on crippling

debt loads while living in poverty during their studies.

Why is

government turning their back on students and allowing tuition to more than

double?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Thank you, Mr. Speaker.

Mr.

Speaker, Memorial University came to the province back in April of last year

looking to double tuition in the province. At that particular point, we looked

at the funding that we provided to freeze tuitions and felt it would be better

to direct that directly to students, Mr. Speaker.

We put

in place a new grant program, expanded the loan forgiveness program to help the

families and the students of middle- and lower-income families in this province.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you, Mr. Speaker.

Memorial

University of Newfoundland and Labrador stated they had no choice but to

drastically raise tuition due to a projected $70-million further cut from

government in the next five years. Memorial University of Newfoundland and

Labrador also states they expect a 20 per cent drop in enrolment when these

massive increases take effect.

I ask

the minister: How does throwing away the competitive advantage and tanking the

university's enrolment help students of Newfoundland and Labrador?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Mr. Speaker, I can only speak the truth and the truth is that we were approached

by Memorial University a number of months ago – March, I believe it was, or

April of last year – with a proposal to double tuition while the tuition freeze

was still in place, Mr. Speaker. We looked at that, as I said, and felt that if

the Board of Regents and the university wished to increase tuition at the

university, that the tuition freeze funding was exactly for that purpose, Mr.

Speaker, to freeze tuitions. If tuitions were not going to be frozen, the money

could be better utilized in the form of grants to ensure that middle- and

lower-income families were not adversely affected.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you, Mr. Speaker.

So the

minister is basically passing the buck back at MUN. MUN would reason that the

tuition freeze is lifted, nothing to do with government's actions. I beg to

differ. I think without government's actions, tuition freeze may be in place and

we'd have a much better process than tuition fees tripling.

learned through an access to information request that the new president of MUN

spent some $55,000 renovating her office before moving in. Memorial University

of Newfoundland and Labrador is also now embarking on a new master plan, which

includes a skating loop for the St. John's campus – a skating loop, yeah.

Mr.

Speaker, when asked in the last session, the minister said he didn't know about

the lucrative $450,000 contract plus benefits, which include personal fitness

and tax preparation.

Does the

minister agree with the office renovation and skating loop while tuition is set

to more than double?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

No, Mr. Speaker, in fact, I don't. That's precisely the reason government is

looking at modifications to the Memorial

University Act . We did say that we would provide additional autonomy to the

university but that comes hand-in-hand with additional accountability, Mr.

Speaker.

We're

looking at giving greater access to the Auditor General, which is not currently

the case under

section 38 of the Auditor

General Act . We're looking at having Memorial appear before the Estimates

Committee of the House of Assembly. Currently, it doesn't happen, Mr. Speaker.

We're looking at other measures to ensure accountability for the taxpayers'

money that goes into Memorial University.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you, Mr. Speaker.

I guess

that goes back to my original question several months back to: Why didn't we

change the act then? Why are we pushing that down the road again as we do with

everything else? That act should have been changed back then; this should not be

happening now. Here we go pushing it off again because we don't have the act in

place.

I'm on

record as asking for the act to be reviewed back when and we're all in favour of

supporting it. The minister is still – we're not getting any timelines. We're

kicking the can down the road. Now, we have an estimated $500-million

infrastructure deferred maintenance deficit and our caucus has received numerous

reports of leaking roofs, asbestos concerns and lab safety issues.

Why does

the minister believe these office renovations and skating loops are a higher

priority? Why wasn't this act reviewed quicker than what has been done?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Mr. Speaker, I must put my

finger in the air and see which way the wind is blowing. The last session of the

House, Mr. Speaker, it's the very Member who just asked why the act is not

amended yet, who said: Why rush the act, put the Auditor General in there first.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Grand

Falls-Windsor - Buchans.

B. PETTEN:

(Inaudible.)

SPEAKER:

Order, please!

C. TIBBS:

Thank you, Mr. Speaker.

Mr.

Speaker, on Friday VOCM interviewed an

international student who has been struggling to get a family doctor. She

described how easy it was to see a doctor in her home country of Iran while she

had to wait 10 hours in an emergency room at the Health Sciences Centre to be

seen by a doctor, only to have left for class.

I ask

the minister: Would you want to settle in a province where one-fifth of the

population does not have family doctor?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

We've

heard stories and some of them are difficult about people who have access to

primary care as well as health care services in general. The specifics around

that case, I obviously can't speak to.

What I

can do is reference the announcement we made not long ago, perhaps just about

two hours ago, which essentially puts around $30 million – almost immediately,

some of it – into access to primary care with very successful community

treatment care clinics in town, and the expansion of those across the province.

We're

aware of the problem. We're acknowledged the problem and we're fixing the

problem.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Grand

Falls-Windsor - Buchans.

C. TIBBS:

Newfoundland and Labrador is

open for business, just don't get sick when you get here.

Mr.

Speaker, this example is not the only example of newcomers to our province

struggling to find a family doctor. We're well over the almost 100,000 citizens

of our province without a family doctor, but I ask the minister: How many

newcomers to our province are without a family doctor?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

There's

always a debate about the numbers. The issue is we know and acknowledge there is

a challenge with access to primary care. What our mantra is and what these

changes that were announced today will do is enable people more readily to

access the right care at the right time from the right provider.

There

are a range of maneuvers that we have taken over the last six years to broaden

the scope of practice for nurse practitioners, for optometrists and we're

working with pharmacists. These things didn't arrive overnight; they will not be

fixed overnight, but we started on those fixes, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for St.

John's Centre.

J. DINN:

Thank you, Mr. Speaker.

commend the legislative staff for working overtime this weekend so legislation

provided to them at the 11th hour was provided to us overnight.

I ask

the Minister of Digital Government and Service NL: Why did the amendments to the

Securities Act come to us so late? It

makes me question if it's being rushed.

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you very much, Mr.

Speaker.

I met

with the Opposition House leaders last week to talk about legislation, Mr.

Speaker. This legislation has been talked about for quite some time. It's not

unusual for legislation to be briefed one day and brought in that same day.

We have

quite the legislative agenda this session, and we look forward to the

co-operation of the Members opposite because there's a lot of this legislation

that's going to take a lot of good debate here in this House. We're open to

ideas from the Opposition. Mr. Speaker, he has my number. If he needs to reach

out on legislation and ask for more time with a specific piece of legislation,

feel free to do so. Members opposite have already done that and we will work

with the Opposition when it comes to legislation this fall.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for St.

John's Centre.

J. DINN:

Thank you, Mr. Speaker.

Staff

were given direction by the minister in June. Our role here is to be the voice

of our constituents in these debates and to make decisions that will impact the

future.

I ask

the Government House Leader: Will he commit to being more respectful of our

role, to present legislation in a timely manner and to arrange technical

briefings so that this Legislature does not become a rubber-stamp committee for

legislation?

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you very much, Mr.

Speaker, and I thank the hon. Member for the question.

The

briefing on the Securities Act was

actually on Thursday. So that was fully briefed Thursday of last week. We had

more briefings this morning and I think there are briefings again tomorrow.

Mr.

Speaker, I offer up myself in our meeting – in my time here we met, I think it

was, early last week to discuss this upcoming session at which time I said to

the Opposition House leaders – I had a follow-up meeting with the unaffiliated

Members in this House to talk about the legislation this fall. There is a lot of

very important, very detailed legislation this fall. So much so that I think you

sent out an email this morning refreshing our memories on what relevance is, Mr.

Speaker.

I look

forward to a very busy session this fall, and I would ask the Member and remind

the Member that we are going to be very busy this fall. So we're going to work a

lot of long hours.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Labrador West.

J. BROWN:

Thank you, Mr. Speaker.

Mr.

Speaker, Labrador West continues to struggle with finding family doctors, but we

do have an excess of nurse practitioners that we can fill some of the roles. But

the health authority's hands are tied when it comes to transferring of the

billing and funding.

I ask

the minister: Will his department make the changes so NPs and other health

professionals can work at their full scope until we see the Health Accord? We

are in desperate need in Labrador West.

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

I take

this opportunity to acknowledge we have a challenge with access to primary care.

But equally, I would also point out that within the last two years I stood in

this House and introduced amendments to the nurses act that allowed nurse

practitioners to do just want the Member opposite is asking. They can work to a

scope of practice, which is solely limited by the College of Registered Nurses

of Newfoundland and Labrador.

We have

a great – and we are looking to increase the number of nurse practitioners that

we grow. Indeed, as part of that, we're moving a remote bachelor of nursing

program into Labrador itself in September of next year.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Labrador West for a quick question. No

preamble, please.

J. BROWN:

Mr. Speaker, health care in

Labrador is now a two-tiered system. If you want to make multiple trips to the

Island for any chronic condition, you're on the hook for thousands of dollars in

cost just to access the service.

Is it

this Liberal government's plan to rely on a two-tiered health system for

Labrador and what will you do to solve the crisis for chronic conditions having

the need to travel?

SPEAKER:

The hon. the Minister of

Health and Community Services.

SOME HON. MEMBERS:

Oh, oh!

SPEAKER:

Order, please!

J. HAGGIE:

I'm glad the Member opposite

asked that question, Mr. Speaker.

Listening to the MHAs from Labrador – past and present – we made some

significant changes in April of this year to the medical transportation program

to reflect the challenges of travel from Labrador.

There

were changes to the air program. There were mileage claim changes. You can claim

a private vehicle, you can claim private accommodation with relatives and you

have a per diem. We're working with an offer from the CEO of PAL to actually

look at streamlining and making it a one-stop shop for airfare, and I hope to be

able to announce more on that in the not-too-distant future.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The time for Question Period

has expired.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Tabling of

Documents

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker. You were moving so quickly I almost missed it.

Pursuant

Section 26(5)(

a) of the Financial

Administration Act , I am tabling two orders-in-council relating to funding

pre-commitment for fiscal years '22-'23 to '25-'26.

SPEAKER:

Any other tabling of

documents?

Notices

of Motion.

Notices of Motion

SPEAKER:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Speaker.

I give

notice that I will on tomorrow introduce a bill entitled,

An Act Respecting

Off-Road Vehicles, Bill 22.

SPEAKER:

Further notices?

The hon.

the Minister of Digital Government and Service NL.

S. STOODLEY:

Mr. Speaker, I give notice

that I will on tomorrow introduce a bill entitled,

An Act To Amend The

Automobile Insurance Act, Bill 23.

SPEAKER:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Mr. Speaker, I give notice

that I will on tomorrow introduce a bill entitled,

An Act To Amend The

Corporations Act, Bill 24.

SPEAKER:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Mr. Speaker, I give notice

that I will on tomorrow introduce a bill entitled,

An Act To Amend The

Management Of Information Act, Bill 25.

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

I give

notice that I will on tomorrow introduce a bill entitled,

An Act To Amend The

Licensed Practical Nurses Act, 2005, Bill 26.

further give notice that I will on tomorrow introduce a bill entitled,

An Act To

Amend The Pharmacy Act, 2012, Bill 27.

further give notice that I will on tomorrow introduce a bill entitled,

An Act To

Amend Various Acts Of The Province Respecting The Publication Of A

Summary Of A

Decision Or Order Of An Adjudication Tribunal, Bill 28.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker.

I give

notice that I will move that the House resolve itself into a Committee of the

Whole to consider a resolution respecting the imposition of taxes on

sugar-sweetened beverages, Bill 29.

Mr.

Speaker, I give notice that I will on tomorrow introduce a bill entitled,

An Act

Respecting The Requirement For A Balanced Budget, Bill 30.

Mr.

Speaker, I give notice that I will on tomorrow introduce a bill entitled,

An Act

Respecting A Future Fund For The Province, Bill 31.

Mr.

Speaker, I give notice that I will on tomorrow introduce a bill entitled,

An Act

To Amend The Liquor Corporation Act, Bill 32.

And, Mr.

Speaker, I give notice that I will on tomorrow introduce a bill entitled,

An Act

To Amend The Services Charges Act, Bill 33.

Thank

you.

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Thank you, Mr. Speaker.

Mr.

Speaker, I give notice that I will on tomorrow introduce a bill entitled,

An Act

To Amend The Schools Act, 1997, Bill 34.

Further,

Mr. Speaker, I give notice that I will on tomorrow introduce a bill entitled, An

Act To Amend The Memorial University Act, Bill 35.

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you, Mr. Speaker.

I give

notice that I will on tomorrow introduce a bill entitled,

An Act Respecting The

Office Of The Auditor General And The Auditing Of The Public Accounts Of The

Province, Bill 36.

SPEAKER:

The hon. the Minister of

Municipal and Provincial Affairs.

K. HOWELL:

Mr. Speaker, I give notice

that I will on tomorrow introduce a bill entitled,

An Act Respecting The Conduct

Of Municipal Officials, Bill 37.

SPEAKER:

The hon. the Minister of

Children, Seniors and Social Development.

J. ABBOTT:

Mr. Speaker, I give notice

that I will on tomorrow introduce a bill entitled,

An Act Respecting

I will

also give notice that I will on tomorrow introduce a bill entitled,

An Act To

Amend The Adoption Act, 2013, Bill 39.

I will

also give notice that I will on tomorrow introduce a bill entitled,

An Act

Respecting The Protection Of Adults, Bill 40.

SPEAKER:

The hon. the Minister of

Justice and Public Safety.

J. HOGAN:

Thank you, Mr. Speaker.

I give

notice that I will on tomorrow introduce a bill entitled,

An Act Respecting A

Province-Wide 911 Service For The Reporting Of Emergencies, Bill 41.

Mr.

Speaker, I give further notice that I will on tomorrow introduce a bill

entitled,

An Act To Amend The Law Society Act, Bill 42.

Thank

you.

SPEAKER:

Any further notices of

motions?

The hon.

the Government House Leader.

S. CROCKER:

Thank you, Mr. Speaker.

I give

notice that I will move the following motion:

WHEREAS

section 7 of the House of Assembly

Accountability, Integrity and Administration Act prescribes that, upon

nomination by the House of Assembly, the Sergeant-at-Arms shall be appointed by

Lieutenant-Governor in Council by Commission under the Great Seal;

THEREFORE

BE IT RESOLVED that Mr. Robert Escott be appointed as

Sergeant-at-Arms.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you, Mr. Speaker.

I give

notice of the following resolution:

WHEREAS

COVID-19 has been identified as a communicable disease which presents a

significant risk to public health;

WHEREAS

the Chief Medical Officer of Health of Newfoundland and Labrador, the Chief

Public Health Officer of Canada, the Centre for Disease Control and the World

Health Organization have strongly recommended that all eligible persons be fully

vaccinated against COVID-19;

WHEREAS

the Government of Newfoundland and Labrador will require mandatory vaccinations

for public service employees in core provincial government departments, as well

as agencies, boards and commissions in an effort to ensure continued safety in

the workplace, as well as to ensure additional health protections for all

Newfoundlanders and Labradorians;

THEREFORE

BE IT RESOLVED that this House requires all Members to be fully

vaccinated against COVID-19 as of December 17, 2021, unless the Member obtains

an exemption;

AND THAT

a Member is fully vaccinated where (

a) that person has received two doses of a

COVID-19 vaccine –

SOME HON. MEMBERS:

Oh, oh!

SPEAKER:

Order, please!

S. CROCKER:

– as approved by Health Canada, or one dose where the vaccine is a one-dose

vaccine approved by Health Canada; and

(

b) two

weeks has passed since the person's second dose of COVID-19 vaccine or where the

person has received a one-dose vaccine, two weeks have passed since that dose;

AND THAT

where a Member requests a exemption to this requirement, the exemption must be

for medically supported reasons, and that Member shall provide medical

documentation to the Speaker outlining the medical reasons for not being fully

vaccinated against COVID-19 provided by an appropriate health care provider, in

line with guidance from the College of Physicians and Surgeons of Newfoundland

and Labrador;

AND BE

IT FURTHER RESOLVED that the details of operationalizing this order shall rest

with the Speaker of the House.

Thank

you, Mr. Speaker.

SPEAKER:

Any further notices of

motion?

The hon.

the Member for Topsail - Paradise.

P. DINN:

Thank you, Mr. Speaker.

I give

notice of the following private Member's resolution to be debated on October 20.

It's seconded by the Member for Conception Bay East - Bell Island.

WHEREAS

the Parfrey-Davis Health Accord has described the health care situation in

Newfoundland and Labrador today as a health crisis, and their assessment is

justified when some 99,000 Newfoundlanders and Labradorians do not have a family

doctor; when emergency response personnel cannot respond to people in urgent

need because of inadequate resources; when front-line health care professionals

are overworked to the point of burnout; when health care professionals are

leaving this province because the government does not address their concerns;

and when the government has refused to enter into meaningful negotiations with

the Newfoundland and Labrador Medical Association whose contract expired more

than four years ago, but is threatening to split the association instead of

addressing the doctors' core concerns, which are fundamental to physician

recruitment and retention;

THEREFORE

BE IT RESOLVED that this hon. House urge the government to recognize

that there is a health care crisis in Newfoundland and Labrador and to

immediately address this crisis with the urgency the circumstances warrant.

SPEAKER:

Further notices of motion?

The hon.

the Government House Leader.

S. CROCKER:

I do, thank you, Mr. Speaker.

Mr.

Speaker, I give notice that I will on tomorrow move, in accordance with Standing

Order 11(1), that this House not adjourn at 5:30 p.m. on Tuesday, October 19,

SPEAKER:

Further notices of motion?

The hon.

the Member for Conception Bay South.

B. PETTEN:

Thank you, Mr. Speaker.

The

motion read in by the Member for Topsail - Paradise will be our private Member's

resolution debated this coming Wednesday.

SPEAKER:

Thank you.

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

SPEAKER:

The hon. the Member for

Bonavista.

C. PARDY:

Thank you, Mr. Speaker.

Health

care on the Bonavista Peninsula is currently, and has been for a significant

period of time, not resourced adequately to provide quality health care for the

residents in the District of Bonavista, particularly the Bonavista area. A large

portion of the district is without a family physician and an acute care

hospital, Bonavista hospital, which is funded for five physicians, currently has

two. Without adequate resourcing, the District of Bonavista is grossly

substandard in providing appropriate care.

We, the

undersigned, called upon the House of Assembly to urge the Government of

Newfoundland and Labrador to immediately address the human resourcing of

physicians in the District of Bonavista.

The

minister did speak at 12 o'clock today, and the first thing he started with was

applauding and celebrating those physicians and staff, nurses, LPNs and PCAs in

the system for doing a great job – and they are.

SOME HON. MEMBERS:

Hear, hear!

C. PARDY:

I would like to applaud those

in particular at the Bonavista hospital. Physicians working at 40 per cent

capacity, nursing shortages and trying to maintain a level of health care for

those residents in the District of Bonavista in excess of 8,000 of them.

We've

had a shortfall for some period of time, Mr. Speaker. There's nothing new with

this shortfall because in 2019 when I came in that was the theme pre-COVID, that

we had a shortfall of staffing within the Bonavista area. Right now, we're in

2021, and I know post-pandemic and I know that has even compounded the situation

in Bonavista.

It is a

crisis. If you have difficultly, you're in trouble and there's a high degree of

danger, you know that you are in a crisis. The Premier stated it correctly. That

is where we are in the District of Bonavista.

The

minister had stated, Mr. Speaker, that we have short-term measures. I would like

to hear those short-term measures because we can't wait for long-term

interventions and measures in the District of Bonavista. People are ill, Mr.

Speaker, and I fear that, even worse, we may have some casualties in the

Bonavista District if we do not get support. That might sound rather grim, but

it is what it is.

So on

behalf of the people in the District of Bonavista, I would like to ask the

minister as to what short-term interventions can we look forward to in the

District of Bonavista that's in order going to reprieve and bridge us to these

longer term measures and medium-term that he talks of.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Member for

Humber - Bay of Islands.

E. JOYCE:

Thank you, Mr. Speaker.

Mr.

Speaker, I read the petition:

WHEREAS

the COVID-19 pandemic has had a major impact on the way front-line government

services are provided to the residents of our province; and

WHEREAS

the motor vehicle registration offices are open by appointment only, with the

residents having to wait for five or six weeks to be serviced; and

WHEREAS

when the offices are open on Wednesday morning for seniors and walk-ins, if

there are cancellations or they may get accommodated, there are long lineups;

THEREFORE we, the undersigned, call upon the hon. House of Assembly to urge the

Government of Newfoundland and Labrador to immediately review the operations of

motor vehicle registration offices across the province and reopen these offices

to regular hours, adhering to all safety protocols required.

Mr.

Speaker, this is causing a lot of stress and a lot of strain on a lot of people

in the Province of Newfoundland and Labrador, Motor Registration. I know the

minister made a comment publicly saying, well, it worked out well during COVID.

COVID was blamed for everything else in this province, but now we're saying

because something worked because of COVID that we're going to continue.

The day

that they had the seniors' day in Corner Brook, Mr. Speaker, the day I had to

bring down chairs for seniors up to 80 years old, out waiting three to four

hours, it was shameful. It was actually shameful. Now when you go down on

Wednesday morning and have a look, there's a lineup for seniors until 12.

There's a lineup for people who have appointments, and then there's a group of

individuals who are waiting, hopefully, today they might get the call.

It's

shameful – it's actually shameful the way we're treating the residents of

Newfoundland and Labrador. I don't know how it's working. I heard the minister

say in Mount Pearl it's going great. But I can tell you, Mr. Speaker, I have an

email right here where a person tried to get online. The answer they got was if

you have any other accommodations required, communications support for alternate

formats, please let us know. He couldn't get through on the computer. They sent

an automated note to him telling him that he has to start calling; they're not

open.

It's

shameful. It is actually shameful. And I have to explain this. A few people

don't realize it. The Service NL office takes from your birth certificate to

your death certificate. It's just not the Motor Registration; it's just not

registering your vehicle. But when you have seniors hoping to be able to get in

on a Wednesday morning, and if they come a little while after, they can't get

in. Mr. Speaker, I ask the minister, what happens in the middle of winter if

there's a storm, people who had appointments, they got to wait another seven or

eight weeks – it's shameful. It's actually shameful the way we're treating our –

and I urge the government to put it back like the staff wants it so they can do

their job properly.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Speaker.

I thank

the Member for raising these important concerns around the Motor Registration

division. So we have obviously received a great number of inquiries from

residents. We are working on tweaking our systems. There is no perfect solution

at the moment, Mr. Speaker.

We see

different patterns across the province. So, for example, in the Member's

district in Corner Brook, we have a 34 per cent no-shows for their appointments.

We also, though, are allowing walk-ins. So we do have Wednesday mornings

dedicated for seniors and those who have urgent needs to walk in. But we have 33

per cent walking in during the week anyway.

We do

encourage people, if they have an urgent need, they can show up. We will

accommodate you and that fits in the 34 per cent in Corner Brook who aren't

showing up for their appointments.

So there

isn't a perfect solution. We're still working on tweaking. I would like to thank

the staff for being so flexible with us as we try and find the best option, the

best solution for each of our branches across the province because we do see a

very different reaction from the public in terms of walk-ins and no-shows

throughout the province.

I would

like to say that in more than half of our locations you are able to get an

appointment within the same week, Mr. Speaker, and I would like to announce that

we announced a new functionality online about two weeks ago for transferring

your vehicle. So anyone in the province can now transfer their vehicle online,

which saves a 40-minute appointment and you don't have to come into our office.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Mount

Pearl - Southlands.

P. LANE:

Thank you, Mr. Speaker.

And I

say to the minister the solution is open the doors.

Mr.

Speaker, these are the reasons for this petition or the background of this

petition as follows: In the Province of Newfoundland and Labrador, there are

over 75 patients who live with cystic fibrosis. CF is a genetic disease that

causes severe damage to the lungs, digestive system and other organs in the

body. Unfortunately, as of now, only the symptoms of CF are being treated.

In June

2021, Health Canada approved Trikafta, a triple combination precision medication

that targets the basic gene defect that causes CF. Trikafta has been proven to

result in life-changing health improvements. For example, Stanojevic 2020

demonstrated that accessing Trikafta in 2021 would result in significant

improvements for those living with CF by 2030, including: 60 per cent fewer

people living with severe lung disease; 15 per cent fewer deaths; 19 per cent

fewer hospitalizations or home intravenous courses; increase of an estimated 9.2

years for the median age of survival for a child born with CF; reduction in the

number of double-lung transplants.

Each of

these benefits translates directly to the CF patients themselves and reduces the

overall impact on the health care system in Canada. Consider that cumulatively,

in 2019, CF patients in Canada spent 25,264 days in hospital and over 15,500

days on home IVs, not to mention the 46 patients who received double-lung

transplants.

Unfortunately, many CF patients cannot access Trikafta through their private

insurance or do not have access to private insurance at all.

Therefore, we petition the House of Assembly as follows: We, the undersigned,

call upon the House of Assembly to urge the Government of Newfoundland and

Labrador to immediately list Trikafta as a benefit of Newfoundland and Labrador

Prescription Drug Program.

Now, Mr.

Speaker, I have several petitions here signed from people all throughout the

province. Obviously most of them are CF patients, family members, friends and so

on of CF patients. I think we all know somebody or some family that's been

impacted by this disease. It's my understanding that as of Friday, I think I was

told, that now every province in the country are already covering this, because

it has been approved by Health Canada, or they have committed to covering it. I

think Nova Scotia, New Brunswick and PEI all committed publicly last week that

they would be covering this. That would make Newfoundland and Labrador the only

province in the entire country that's not covering this life-saving drug.

certainly urge the Minister of Health and Community Services and the government

to please consider this for the benefit of all of the patients, particularly

young people who have so much potential ahead of them and their lives are cut so

short by this dreadful disease.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Any further petitions?

The hon.

the Government House Leader.

S. CROCKER:

Orders of the Day, Mr.

Speaker.

SPEAKER:

Orders of the Day.

Orders of the Day

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you very much, Mr.

Speaker.

I call –

sorry getting back into the routine – Order 3, second reading of Bill 16, Mr.

Speaker.

SPEAKER:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Mr. Speaker, I move, seconded

by the Minister of Municipal and Provincial Affairs, that Bill 16,

An Act To

Amend The Securities Act, be now read a second time.

SPEAKER:

It is moved and seconded that

Bill 16,

An Act To Amend The Securities Act, be now read a second time.

Motion,

second reading of a bill, “An Act To Amend The Securities Act.” (Bill 16)

SPEAKER:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Speaker.

Bill 16,

An Act To Amend The Securities Act.

Throughout the country, Mr. Speaker, provinces and territories are responsible

for securities regulations around such matters as policy development, investor

education, investigation and enforcement. In Newfoundland and Labrador, the

Securities Act governs all those who

are involved in the securities market. The act identifies many types of

securities that are investments or are interests that may lead to an investment

income. Some examples of these include corporate shares, bonds, annuities,

stocks or mutual funds. Anyone who wants to deal in securities, provide advice

or manage investment portfolios has to be registered under this act. This

includes investment advisors, stockbrokers and mutual fund advisors, Mr.

Speaker.

Securities regulators from each jurisdiction are members of the Canada

Securities Administrators, or CSA, which is an administrative secretariat

responsible for developing a harmonized approach to securities regulation across

the country. CSA member jurisdictions help to deter wrongdoings, protect

investors and foster fair and efficient capital markets in which investors can

have confidence.

Newfoundland and Labrador is a reliant jurisdiction, meaning that collaboration

with other provinces is critical to affect a regulatory oversight. We don't have

a team of experts here and lead legislation across Canada; we're a reliant

jurisdiction so we take a lot of our learnings from other provinces.

CSA

members work in conjunction with police forces, court systems, security

exchanges and various self-regulatory organizations. The act provides the

authority for the Superintendent of Securities to register and take action

against those who are in contravention of the act and also provides the

authority to recognize self-regulatory organizations.

Currently, the Investment Industry Regulatory Organization of Canada, or IIROC

as it is known, is the only self-regulatory organization recognized in

Newfoundland and Labrador and is one of the main self-regulatory organizations

recognized across Canada.

Newfoundland and Labrador, Mr. Speaker, IIROC licenses 95 firms, including 4,800

individuals who work in securities. Those would be, for example, people who work

at banks or other financial institutions or financial advisors. Anyone or any

organization not under IIROC would fall under our Superintendent of Securities,

so everyone would be covered.

The

provincial government works in tandem with IIROC to help ensure legitimate,

ethical practices are being followed by members of the province's investment

industry. Our government has a memorandum of understanding with IIROC that

provides oversight for those members who offer advice and sell securities

including stocks and bonds, for example.

This

provides good regulatory oversight. The changes we're introducing today

strengthen this. They help streamline and harmonize regulatory processes

pertaining to securities. We're also always looking for opportunities to enhance

consumer protection, which this also delivers, Mr. Speaker.

In this

spirit, we're introducing the necessary amendments to the act to allow IIROC to

expand its regulatory powers, enhance investor protection in our province and

align regulation with that of other jurisdictions.

Bill 16

will allow self-regulatory organizations to compel evidence in investigations

and hearings, will allow self-regulatory organizations to file decisions with

the Supreme Court and provide immunity for self-regulatory organizations and

their employees that are acting in good faith in carrying out their regulatory

obligations, Mr. Speaker.

The bill

will also allow decisions of self-regulatory organizations to be reviewed by the

Superintendent of Securities, so the authority to review, modify or revoke a

decision made by a self-regulatory organization.

These

changes enhance IIROC's powers to effectively and efficiently investigate and

resolve rule breaches and help ensure protection for consumers against

securities fraud or misconduct of investment dealers. It would also help

streamline and harmonize the regulatory processes pertaining to securities

throughout our country, as most other jurisdictions have already provided these

authorities to IIROC and other self-regulatory organizations.

Bill 16

also establishes reciprocal order provisions, which allow for the automatic

enforcement of an order or agreements by other security regulators in Canada.

This expedites the recognition of orders and minimizes delays between the

Canadian security administrators, between them notifying an order and consumer

awareness of that order.

Reciprocal orders are utilized by CSA members and are an effective way to impose

sanctions, conditions, restrictions, requirements or orders on a person or

company in one jurisdiction and have them immediately apply in other

jurisdictions. Reciprocal orders are based on a finding or admission of a

contravention of security legislation or conduct contrary to the public

interest.

Mr.

Speaker, if there was a finding of contravention of security legislation in

another province, a reciprocal order would allow that to immediately take effect

here, further protecting consumers in a more timely fashion.

As you

can see, Mr. Speaker, these amendments to the

Securities Act would strengthen

oversight for those who offer advice and sell securities in our province. These

changes represent another step in our collective efforts to further enhance

consumer protection in Newfoundland and Labrador.

I look

forward to discussing further with my colleagues and answering any questions in

Committee.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Thank you, Mr. Speaker.

First of

all, I'd like to thank the minister and the staff for the briefing we had last

Thursday. Thank you so much.

SOME HON. MEMBERS:

Hear, hear!

L. O'DRISCOLL:

This bill will give

self-regulatory organizations great powers and thus will provide a great

oversight to the financial service industry in our province.

In this

province, IIROC, which is the Investment Industry Regulatory Organization of

Canada, is the only self-regulatory organization. It also comes as one of the

main recognized organizations across Canada, and all provinces and territories

have signed an MOU with IIROC. I'll use IIROC as we go forward in speaking of

it.

Currently, IIROC does not have the power to enforce its fines through the courts

in Newfoundland, does not have the power to compel evidence nor does it give it

statutory immunity. This bill will provide the authority to IIROC for each of

these tasks so that IIROC can enforce its findings and thus have greater

oversight of financial services within the province.

Currently, the Superintendent of Securities is the only official who can enforce

the rules. This legislation will allow IIROC to help enforce those rules.

IIROC's rulings and judgments will be able to be appealed to the superintendent.

This bill will also bring in automatic enforcement of an order made by

securities regulator in Canada. If there's a ruling in Ontario, then the effect

will flow down through so, hopefully, that will help right across the country

and will keep everybody in line.

Newfoundland and Labrador is the only province that does not give IIROC the

ability to enforce these rules thus a financial service provider could leave

this industry without paying the reparations for not following the rules. Also,

IIROC has been looking for these legislative amendments since 2019. As the

Opposition, we have called for this legislation of amendments in the House and

also in the media.

Some of

the legislative changes come in sections: one, two, four, six, eight, nine and

10 of the bill – change some wording. Trial Division is now changed to Supreme

Court throughout the Securities Act .

This change, which we've seen in many pieces of legislation over the last couple

of years, will result in the change to the court's name.

Under

section 25.01, this

section of the act will allow IIROC or another SRO to be

appointed as an investigator. The investigator will be able to summon a witness

and compel evidence. This investigator will have to be registered with the

Supreme Court and if it does not appropriately comply with the investigation,

their non-compliance will be considered a breach of an order or a judgment of

the court. A person who has to give evidence in an investigation may obtain

legal counsel and may claim privilege as well.

Under

section 25.02, this

section of the act will allow IIROC or another – to conduct

a hearing with IIROC, having the same power as the Supreme Court. They can

summon witnesses and compel evidence. The judgments will be registered with the

court and, thus, are enforceable. As in a previous section, a person can obtain

legal counsel and may claim privilege as well.

section 25.03, this

section of the act gives the Superintendent of Securities

the ability to review a decision of the self-regulatory organization. The

superintendent can decide, on their own initiative, that they want to review a

ruling of a person or a company who is impacted by the decision, and can ask the

superintendent to review the decision and a review must be initiated within 30

days of that decision.

section 25.04, this

section of the act indicates that after the timeline for

review by the superintendent has passed, the decision can be filed with the

Supreme Court. An order made by the superintendent can also be filed with the

Supreme Court. These decisions have the same force and effect as if for a

judgment of the Supreme Court.

That

will be it for now. We will go over some other questions when we get into the

debate on this as well.

Thank

you so much.

SPEAKER:

The hon. the Member for

Labrador West.

J. BROWN:

Thank you, Mr. Speaker.

Like you

said, once again, we're following the jurisdictions of the rest of the country

and trying to be on par with all our colleagues across the federation.

It's

important that we do give these powers to these things. Securities seem to be a

very important part of our society now. Also, we know securities fraud and stuff

like that has been creeping up in prevalence, especially across the country and

the world. We have to be able to be on our toes, we have to be able to penalize

those who decide to break the rules and also try to evade the rules of the

corporate and financial world. Like we see here time and time again, you know,

people swindled out of their life savings, people that are committing fraud and

stealing from corporations and companies, but most of all, individuals and

people who are taking their money and investing it in these different ways and

stuff like that.

We have

to be on top of everything and following along with what our cousins are doing

across the country, but also looking at ways to improve and move forward going

ahead of this. Are there things that we can also look at that may be a bit

different than what other federations are doing and stuff like that, that we can

also look at, you know, the ability to be at the cutting edge of it? Because as

the world changes, technology changes and things like that change, we have to be

flexible in ability to catch it before someone loses their life savings, or a

fraud or a securities breach has happened.

With

that, I look forward to more discussion with that Committee.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Thank you, Mr. Speaker.

I'm

supportive of this particular bill. This will further enhance authorities

provided to securities self-regulatory organizations in the province. I know

that the minister and the department have looked at other jurisdictions across

the country. It brings us more in line with what other jurisdictions are doing.

It also strengthens the authorities for filings, decisions, compelling evidence

and providing opportunities for appeals, greater than what currently exist.

Mr.

Speaker, the act will also strengthen oversight for those who offer advice and

sell securities, which is greater than what currently exists, whether it's

mutual funds, stocks or bonds. It will provide greater oversight for the

individuals involved in the industry, as well as increasing capacity of

self-regulatory organizations to allow them to effectively and efficiently

investigate and resolve breaches of their own rules.

Mr.

Speaker, this is about providing greater consumer protection. This bill will

enhance consumer protection, which is something, I think, that all Members of

the Legislature could celebrate. In looking at what other provinces are doing in

terms of consumer protection, we look at best practices any time we introduce a

bill in this Legislature to ensure that we are looking and measuring against the

best practices of other jurisdictions. And that's what this bill aims to do.

The

amendments in this bill will help establish reciprocal orders so that it can

also protect consumers in this province. It enhances the protection that

consumers in this province have, expediting recognition of an order or sanction

along with consumer awareness of that order and that sanction.

So, Mr.

Speaker, this is a good piece of legislation. I think it's timely, and I commend

the department and the minister for bringing it forward.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Terra

Nova.

L. PARROTT:

Thank you, Mr. Speaker.

As my

colleague, the Member for Ferryland said, we'll be supporting this legislation.

I'm glad to see the legislation is finally being implemented.

I will

say that there is some question as to whether or not it goes far enough. I say

that because IIROC is not the only governing board out there. If we look to

recent court cases without getting into any names, as an example, at the end of

a court case the individual may no longer be licensed by IIROC, but he or she

could possibly become an insurance advisor, represent a group insurance plan or

group retirement plans. They all have investment funds, segregated funds, RSSPs,

TFSA, RESPs for children. Because all of this is outside the scope of IIROC and

it is a much larger part of the financial services group throughout the

province, we could end up having someone who IIROC doesn't legislate looking

after a pension plan, as an example, for MHAs.

certainly wouldn't want someone like that looking after an RESP for my child,

and I'm sure no one in here would. The potential is still there. So while this

is a great first step, I believe that government has to look deeper into what

this means. I know back in November of 2019 our colleague here, Mr. Wakeham,

asked about title protection act with regard to this exact same thing. So I

think it's things that we need to consider.

There

are three different types of provincial registration for individuals who sell or

give advice about securities. If someone is wondering about an individual's

registration with the department, they can call on the department and ask about

it, but there's no publicly available registry to see that the financial

services professional is registered with a government department or if their

registration is even valid. That raises big questions in itself.

There's

another area where action can be taken. I believe having a tool where members of

the public can see areas of registration and how their financial services

professional is registered would allow them to make a more informed decision

about who they hire and how to invest their money. We currently don't have that.

This

would also help individuals know what type of service to expect from a broker.

As the department's website notes, there are different types of brokerage firms

and each type may offer a different type of service. For instance, a discount

brokerage does not offer in-house research or advice, which are their

specialities, in full-service terms.

There's

an old saying in the financial market that every FA, financial advisor, is not

an FP, financial planner; but every financial planner is a financial advisor. As

I said, while I believe this is a great first step, I believe government has a

responsibility to look at other things we can do to protect people's investments

over the long term.

Other

than that, we'll be supporting this bill and I thank you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Mount

Pearl - Southlands.

P. LANE:

Thank you, Mr. Speaker.

I'm not

going to take long. I'm going to support Bill 16 as well. Anything certainly

that we can do in this House of Assembly that's going to protect consumers, I

think that's obviously an important role that we have. It's something that we

should all support and I'm sure this bill will be passed unanimously.

I'm not

going to get into all the details, that's already been sort of discussed by

other Members. If there are further things, I guess, in terms of what my

colleague from Terra Nova just said, if there are other things that are missed

here or other things that can be done, I would certainly encourage the

government to look at everything that we can do to protect consumers, protect

consumers' investments.

You have

to remember that when we talk about stocks and bonds and mutual funds and all

that stuff, quite often that is people who are planning for their retirement.

That's why a lot of people have that. You work your whole life, you invest in

these things with the plan that, at some point in time, when you retire you're

not going to be solely dependant upon what you may receive from the federal

government, because we know that's not a very – in terms of maintaining a good

quality of life, that's not necessarily enough money to do so. So many people,

if they don't have pension plans and so on at their workplace, they invest in

these things so that they have that nest egg when they get to their so-called

golden years. It is really important that we protect that for those people, for

consumers.

I do

note though – and I'm sure there will be questions that will come up in

Committee, Mr. Speaker, but, again, listening to my colleague from Terra Nova

when he referenced that this is sort of focusing on IIROC, and that was

certainly the main organization – self-governing body that is utilized in

Newfoundland and Labrador. But it is my understanding that in this particular

bill it could apply to any of those self-regulatory bodies, it's not just IIROC.

IIROC is the one that happens to be in Newfoundland, but, based on the way this

is written, it's my understanding, at least, that if there was a different

self-regulatory agency, which may be in other provinces, that they would also

fall under this, and if someone was not a member of a self-governing body then

it would fall under the Superintendent of Securities.

wouldn't want to think that if someone is not a member of IIROC that means that

consumers are sort of automatically going to be at risk, if those people that

are providing those services are not members of IIROC. Because that is clearly

not my understanding, at least. Perhaps the minister will clarify that there are

protections for consumers as it relates to providers who are not necessarily

members of IIROC. So that would be an important point, I think as well, for me.

But

beyond that we're just simply giving more powers to the self-regulating agency,

again, which, primarily here in Newfoundland and Labrador, would be IIROC so

that they can properly investigate any complaints or any red flags and ensure

that there are no wrongdoings and that everybody is protected.

I'm sure

that this is also going to be welcomed by the industry itself. I'm sure it will

be, because anyone who's part of any kind of industry or an association and so

on and who is operating above board and are professional people, they're going

to want to have these protections. It protects them as much as it protects the

consumers. Why wouldn't you want to have all these safeguards in place to

protect all parties involved?

The only

individual or individuals who wouldn't want these kinds of protections would be

someone who might be thinking about doing things untoward. I think it makes

sense to be doing this and strengthening this legislation. As I said, I'll

support it.

Thank

you, Mr. Speaker.

SPEAKER:

There are no other speakers

to the bill?

If the

Minister of Digital Government and Service NL speaks now she will close the

debate.

The hon.

the Minister for Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Speaker.

I'd like

to thank the Minister of Education, the Members for Ferryland, Labrador West,

Terra Nova and Mount Pearl - Southlands for their feedback on this legislation.

Just to

answer and respond to some of the comments that some of the Members made, in

terms of the Member for Mount Pearl - Southlands, he is correct in his

understanding that it would apply to other self-regulatory organizations. I

guess I'd also add that the Securities Act

applies to everyone and the Superintendent of Securities regulates them all. The

Superintendent of Securities in this way is delegating the IIROC powers to IIROC

for its members, but the superintendent still oversees all members that would

fall under the Securities Act and

under the Superintendent of Securities.

I'd also

add to the Member for Ferryland, a lot of what he mentioned was around consumer

protection. There are other pieces of legislation that do protect consumers in

other areas. We regulate insurance, for example, in many areas and we do have

consumer protection legislation, as well as legislation in real estate trading

and other financial service means to help protect consumers.

We are

always looking for opportunities to strengthen our legislation and further

protect consumers.

Thank

you very much for the feedback and I'm looking forward to answering questions in

Committee.

Thank

you.

SPEAKER:

Is the House ready for the

question?

The

motion is that Bill 16 now be read a second time.

Is it

the pleasure of the House to adopt the motion?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

SPEAKER:

All those against, 'nay.'

Carried.

CLERK (Barnes):

A bill,

An Act To Amend The

Securities Act. (Bill 16)

SPEAKER:

The bill has now been read a

second time.

When

shall the bill be referred to a Committee of the Whole?

S. CROCKER:

Now.

SPEAKER:

Now.

motion, a bill, “An Act To Amend The Securities Act,” read a second time,

ordered referred to a Committee of the Whole House presently, by leave. (Bill

16)

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you, Mr. Speaker.

I move,

seconded by the Deputy Government House Leader, that this House resolve itself

into a Committee of the Whole to consider Bill 16.

SPEAKER:

It is moved and seconded that

I do now leave the Chair for the House to resolve itself into a Committee of the

Whole to consider Bill 16.

Is it

the pleasure of the House to adopt the motion?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

SPEAKER:

All those against, 'nay.'

Carried.

motion, that the House resolve itself into a Committee of the Whole, the Speaker

left the Chair.

Committee of the

Whole

CHAIR (Warr):

Order, please!

We are

now considering Bill 16,

An Act To Amend The Securities Act.

A bill,

“An To Amend The Securities Act.” (Bill 16)

CLERK:

Clause 1.

CHAIR:

Shall clause 1 carry?

The

Chair recognizes the hon. Member for Ferryland.

L. O'DRISCOLL:

Thank you, Deputy Speaker.

My first

question is: Why are these amendments being proposed at this time?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you for the question.

We're

always looking at how to improve consumer protection. Certainly, when regulatory

bodies such as IIROC bring forward suggested changes to our legislation, they

are certainly taken seriously and reviewed, so this is as a result of that

process. We look forward to aligning with other Canadian jurisdictions to better

protect consumers.

Thank

you.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

IIROC has been calling for

these amendments since 2019. I'm just wondering why it took so long to bring

this to the House.

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you to my colleague for

the question.

Any

changes in legislation have to go through the legislative process. Our

department is responsible for the most – I think 176 pieces of legislation. I've

been in this role a year and I know this was on the Order Paper in the last

session and, unfortunately, we didn't get to it. I'm very pleased that it's the

first piece of legislation being brought forward in this sitting of the House.

We have

a lot more coming so get ready.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Feels like we're going to see

all 176.

I notice

there's no enacting clause in this legislation. When will this bill be enacted?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

That is

an excellent question and I will get back to you – upon Royal Assent. It will be

shortly; as soon as the bill gets Royal Assent.

Thank

you.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Thank you.

This

bill gives increasing powers to the self-regulatory organizations, which, in

this province, is IIROC. Will IIROC have increasing powers over any

investigations and complaints that may already be investigating or will it be

only applied to future complaints or activity?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you very much for the

question.

It's my

understanding that this will apply on a go-forward basis, so any kind of new

investigation that arises or any new complaint. There would be some opportunity,

depending on how the issue itself is progressing, depending on the stage, it

certainly could apply to it. But, generally, it's kind of moving forward after

Royal Assent.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Thank you, Minister.

Hopefully some of these people can get back what they lost. Hopefully it can go

backwards and look at it.

Currently, the Superintendent of Securities provides oversight in this province.

Can the minister provide an overview on how many investigations that have been

completed in the last year or how many complaints they have received?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

I don't

believe I have the number of current investigations ongoing, although I'd be

happy to get it for the Member. I'll get back to him on that shortly.

Thank

you.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Thanks, Mr. Chair.

The

legislation notes that self-regulatory organizations can appoint an

investigator. Can the minister outline what qualifications this investigator

must have?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you.

Any

investigator appointed would align with the processes in place by IIROC and

outlined in the memorandum of understanding. There are criteria and processes

assigned there for an investigator.

Thank

you.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

The legislation talks about

the ability of an investigator and a self-regulatory organization to compel

witnesses to produce records. Can the minister give an overview of any

protections which may be in place to protect information, which may be

commercially sensitive?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you for the question.

We have

reviewed this with the Privacy Commissioner and the Privacy Commissioner didn't

have any concerns. The normal court processes would take place in terms of

protecting commercially sensitive information. So in this type of process, a

party, if they have concerns for their commercially sensitive information, they

could apply to the court for protection and that would follow the normal court

processes for protecting that information from the public.

Thank

you.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Thank you, Mr. Chair.

The

legislation talks about the ability of an investigator and a self-regulatory

organization to compel a witness to produce a record. As this legislation deals

with financial services, these records may be related to personal and financial

information. Has the Privacy Commissioner – well, obviously it has, you had said

that. Sorry.

The

legislation will give self-regulatory organizations such as IIROC the ability to

hold hearings with their decisions enforceable in the court. Can the minister

outline some protocols surrounding how hearing will take place?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

The

hearings would take place as outlined by the IIROC process, as it would in other

provinces. That would also be outlined in our memorandum of understanding. It is

a quasi-judicial process. There would be a set framework with very specific

rules and boundaries, appeal processes and all those types of things.

appreciate the question. Thank you.

CHAIR:

The hon. the Member for

Ferryland.

L. O'DRISCOLL:

Will they be public hearings

or closed hearings and will their minutes or transcripts be public?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Based on the quasi-judicial

nature, my understanding is that they will not be public. I don't think you'll

be able to just go and attend as a member of the general public.

The

outcome, I guess, and depending on the adjudicator or the investigator and

whoever is hearing the case, would make determinations as to whether or not

things need to be public knowledge. Of course, any sanctions would be public

knowledge and that's where the reciprocal orders take effect in terms of us and

other provinces. So any sanctions that are delivered by other provinces and any

kind of remedies, they would apply here, immediately, thanks to the reciprocal

orders. But, no, the hearings themselves would not be public.

Thank

you.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

Thank you, Mr. Chair.

Does

IIROC make public the list of complaints, investigations or hearings that they

have before them?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you for the question.

IIROC

does announce whether or not it's holding hearings. It doesn't announce a list

of complaints that it's received.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

The legislation outlines that

the superintendent has 30 days, after they're informed of a decision of a

self-regulatory organization, to initiate a review on the decision. How is the

superintendent informed of this decision?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you.

The

superintendent would get a letter from IIROC notifying of the reciprocal orders

and that would be outlined in the memorandum of understanding.

Thank

you.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

Legislation establishes

reciprocal order provisions in the

Securities Act to allow for the automatic enforcement of an order or

agreements made by other security regulators in Canada. Can the minister provide

an example of an order from another province which will be implemented here?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

The

types of reciprocal orders could be a sanction against an individual or a

company. It could be a penalty that was issued that would also apply here. Any

judgment by another organization in another province that impacts a member in

Newfoundland and Labrador would apply.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

So any of these reciprocal

orders that are only, I guess, for IIROC registered people, is that …? If

someone is sanctioned under IIROC, are they sanctioned under other agencies?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you.

So the

reciprocal orders are specifically around IIROC, but it would also include

anything under the Canadian Securities Association, the CSA. Any organization

that's a member of the CSA, the sanctions would apply to them.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

How will individuals who have

financial security firms in this province be informed of reciprocal orders,

which originated in another province and will not be enacted here?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

members of IIROC in this province would be communicating with IIROC on a regular

basis to get updates. A lot of that would be reliant on the training or internal

processes of those organizations. Like if you think about a bank and someone at

a bank, if you might go see them to talk about investments you might have, they

would have their own process from when IIROC, for example, communicates with the

bank to when the bank tells the person in the St. John's branch or the Paradise

branch that they have to know this new information. So IIROC would communicate

that to their organizations and then the internal processes of those

organizations would be responsible for telling all of the members within those

organizations.

Thank

you.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

So, using the bank as an example, obviously, Scotiabank doesn't communicate with

Bank of Montreal, with RBC. How would they communicate if someone were to leave

one institution and go to another?

CHAIR:

The Minister of Digital

Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

So IIROC

would oversee all organizations and members. Within a financial institution such

as a bank, they would have a list of all of the members within their

organization that are trade and that fall under this act. And this would be

something that they would have to do for a range of legislation across

provinces. So as soon as there's a new change that applies to them, the bank or

the financial institution would have processes in place to ensure their members

are aware of all the new changes in legislation that apply to them.

When I

worked in the insurance industry, the same thing happened every time there was a

new change. We knew it was coming and then we were told, sometimes after the

fact, and then we just had to make sure we were aware and there's internal

training and all those types of things.

So that

would just depend on the organization and their agreement with IIROC and their

internal processes.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

How will this act protect individuals who are dealing with people who aren't

registered with IIROC?

CHAIR:

The Minister of Digital

Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

Anyone

who's working with an organization, not a member of IIROC, would still be under

the Canadian Securities Administrators and that oversight would still fall under

our Superintendent of Securities.

There

are very high standards for dealing in financial services, so all of those

members are registered and there are no outstanding concerns for us here. I

mean, if someone was doing illegal activity, we would have to follow the

processes and someone could make a complaint or if someone was selling something

illegally that they didn't have the authority to sell, then the enforcement

processes and procedures would be in place, for example, through IIROC. And if

they didn't fall under IIROC, then our Superintendent of Securities would handle

that through the Securities Act and

other pieces of legislation.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

CSA and IIROC, do they

communicate with one another? Or are they autonomous?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

The

Canadian Securities Administration is kind of an overarching Canadian

organization of all securities,

whereas IIROC is specifically like a piece of

the CSA. So let me get out my notes again, sorry. IIROC deals with a specific

subset of the securities,

whereas the CSA kind of is an overarching body and

IIROC is a part of that. They have a memorandum of understanding as well.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

Who funds IIROC?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you very much, Mr.

Chair.

Members

fund IIROC. So the sellers and advisors, they would pay fees to IIROC. IIROC is

not funded by governments.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Terra

Nova.

L. PARROTT:

Just one last question: How does this bill protect somebody? I guess, if an

individual is an IIROC-registered investor, they're charged under the act and

disbarred – for a lack of a better word – they still have the ability to go work

with an insurance company and sell RESPs, RDSPs, different things. How is this

bill going to protect people from that happening?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

In other

pieces of legislation, we regulate different industries, such as insurance

brokers, and there are standards for being an insurance broker. In a previous

sitting of the House, we brought in legislation around real estate trading and

we increased the protection and the requirements around being a real estate

agent and a real estate broker in that framework.

Different areas of financial services are covered under different pieces of

legislation to ensure that anyone working with the public, you know, there are

appropriate checks and balances in place to protect consumers. The

Securities Act deals specifically with individuals working in the

securities industry; we have the Real Estate Trading Act to deal with real

estate; there's the Automobile Insurance

Act and other insurance legislation that protects consumers when dealing

with insurance.

We are

looking at mortgage brokers, for example, and so there's legislation for each

area. We also have overarching consumer protection legislation, Mr. Chair, and

we're very confident in our ability to protect consumers. We have a lot of

processes in place where people, if they have concerns, they can bring them to

our attention for investigation.

I look

forward to answering any other questions the Member has.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Mount

Pearl - Southlands.

P. LANE:

Thank you, Mr. Chair.

Going

down the same road as my colleague there and a little bit more. So, in terms of

the consumer protection, if I'm a broker or whatever the case might be and I do

something fraudulent, untoward, whatever the case might be, are they licensed or

something? I would think that they would have some kind of a licence that would

be pulled, and hence they wouldn't be able to leave one company and just go to

another company, because they'd have their licence gone. Is that how this works

or how does it work?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Yes, thank you to the Member

for the question.

So yes,

members of these organizations are licensed and you have to be licensed to sell

securities in Canada. IIROC is part of that organization, part of that

framework. There are standards – actually, we just introduced – I think a press

release went out in the last day or two and you can now renew your licence

online.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Mount

Pearl - Southlands.

P. LANE:

I'm just hearing my colleague here saying only for mutual funds. Can you clarify

if that's for all securities or if it's only for mutual funds that that

protection and licence applies?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

understanding is that all individuals who sell and trade in securities have to

be licensed under our department or by IIROC, as we delegate the powers to them

for areas under our memorandum of understanding with IIROC.

Mutual

funds are securities, so they would apply the same as any other securities.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for Mount

Pearl - Southlands.

P. LANE:

Thank you, Mr. Chair.

So going

back to my scenario, I'm assuming that they can also do some kind of a temporary

revoking of someone's licence while it's under investigation. If someone hasn't

actually been charged with anything untoward, so to speak, and their licence is

just taken from them, but they could be under investigation – so I'm assuming

while they're under investigation, there are temporary measures that can be

taken to protect consumers?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

absolutely, as the Member suggested, we have a range of penalties and sanctions

available. The Superintendent of Securities oversees that. Depending on the type

of financial service that is in question, the different appeal body or the

different investigative process would be undertaken. Depending on the process

that exists for that specific complaint, depending on the nature of the

complaint, then different things would take effect.

I don't

have all the specific paths for each in front of me, but I'd be happy to get the

Member additional information on that.

Thank

you very much, Mr. Chair.

CHAIR:

The hon. the Member for Mount

Pearl - Southlands.

P. LANE:

Thank you, Mr. Chair.

Final

question: RESPs and everything apply to this as well? I know we talked about

RRSPs, bonds, mutual funds, so these Registered Education Savings Plans, that

falls under this same umbrella as well, does it?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

Yes, a

Registered Education Savings Plan, someone who sells an RESP would be licensed

under this legislation and it does count as a security.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for

Labrador West.

J. BROWN:

Thank you, Mr. Chair.

I do

have a question actually and it's kind of spurred on by my colleague from Terra

Nova. When someone is sanctioned or found in violation and IIROC says so, will

their name be added to any sort of list that they are barred from selling

securities?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

someone is sanctioned under IIROC than that is released publicly. That would

also include not being able to sell securities in the future. That could be a

possible penalty that would come out of the quasi-judicial process. Other

penalties are also available depending on the severity and that would be up to

the remedy that's decided. That is a potential outcome.

Thank

you.

CHAIR:

The hon. the Member for

Labrador West.

J. BROWN:

There is no master list or

anything kept for anyone who applies for a licence in this province to sell

securities who may have come from another jurisdiction. Does this mean that

there will be some vetting process after – say they're barred in Ontario and

decide to come here and sell securities, will we be able to track that?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

I think

exactly the example given by the Member that would be something that IIROC would

monitor and that's the point of enabling reciprocal orders. If someone were

barred in another province then that would apply here. If an order applied, say,

in the Province of Saskatchewan, that would also apply in Newfoundland and

Labrador. If they were barred in another province, they would be barred in this

province as well.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Member for

Labrador West.

J. BROWN:

Another thing that my

colleague from Terra Nova also brought up that brings a big concern to me is

someone who sells securities can easily transition into insurance or real estate

or anything like that. Will these people also be barred from getting licences

like that in this province?

CHAIR:

The hon. the Minister of

Digital Government and Service NL.

S. STOODLEY:

Thank you, Mr. Chair.

I guess

in the last six or eight months in our department, we have also had a

reorganization. Our Superintendent of Securities is also our Superintendent of

Real Estate – it might be a tweak of the title there – is also our

Superintendent of Insurance, so we do have one financial services team that has

this oversight of these financial services areas. They would certainly make

sure, through the internal controls and processes and through the renewal of

licencing processes that exist, that we would catch that and that would fall

within the usual processes of that specific industry. If it were in insurance,

for example, it would apply to the insurance brokers act. All those

superintendents are the same person.

Thank

you, Mr. Chair.

CHAIR:

Shall the motion carry?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

CHAIR:

All those against, 'nay.'

Carried.

motion, clause 1 carried.

CLERK:

Clauses 2 through 11

inclusive.

CHAIR:

Shall clauses 2 through 11

inclusive carry?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

CHAIR:

All those against, 'nay.'

Carried.

motion, clauses 2 through 11 carried.

CLERK:

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows.

CHAIR:

Shall the enacting clause

carry?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

CHAIR:

All those against, 'nay.'

Carried.

motion, enacting clause carried.

CLERK:

An Act To Amend The

Securities Act.

CHAIR:

Shall the title carry?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

CHAIR:

All those against, 'nay.'

Carried.

motion, title carried.

CHAIR:

Shall I report the bill

without amendment?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

CHAIR:

All those against, 'nay.'

Carried.

Motion,

that the Committee report having passed the bill without amendment, carried.

CHAIR:

The hon. the Government House

Leader.

S. CROCKER:

Thank you, Mr. Chair.

I move

that the Committee rise and report Bill 16.

CHAIR:

The motion is that the Committee rise and report Bill 16.

Shall

the motion carry?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

CHAIR:

All those against, 'nay.'

Carried.

motion, that the Committee rise, report progress and ask leave to sit again, the

Speaker returned to the Chair.

SPEAKER (Bennett):

Order, please!

The hon.

the Member for Baie Verte - Green Bay and Chair of the Committee of the Whole.

B. WARR:

Mr. Speaker, the Committee of

the Whole have considered the matters to them referred and have directed me to

report Bill 16 without amendment.

SPEAKER:

The Chair of the Committee of

the Whole reports that the Committee have considered the matters to them

referred and have directed him to report Bill 16 without amendment.

When

shall the report be received?

S. CROCKER:

Now.

SPEAKER:

Now.

When

shall the bill be read a third time?

S. CROCKER:

Tomorrow.

SPEAKER:

Tomorrow.

motion, report received and adopted. Bill ordered read a third time on tomorrow.

SPEAKER:

The hon. the Government House

Leader.

S. CROCKER:

Thank you, Mr. Speaker.

Mr.

Speaker, I call from the Order Paper, Order 5, second reading of Bill 18.

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker.

I move,

seconded by the Minister of Education, that Bill 18,

An Act To Amend The

Lotteries Act, be now read a second time.

SPEAKER:

It is moved and seconded that

Bill 18,

An Act To Amend The Lotteries Act, be now read a second time.

Motion,

second reading of a bill, “An Act To Amend The Lotteries Act.” (Bill 18)

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker.

This

amendment to the Lotteries Act has

already been approved and passed in three other provinces: Nova Scotia, New

Brunswick and PEI, all partners in the Atlantic Lottery Corporation. It will

provide the province with retroactive immunity from lottery-related civil class

action suits filed against the province in which the province is named as a

defendant.

The

amendment only prohibits – the amendment only prohibits – an action for damages

under a class action suit, while still permitting a person to bring an action

against the Atlantic Lottery Corporation or any person acting on behalf of

government in the operation of a lottery scheme to recover losses suffered as a

result of negligent act or omission.

Damages

for negligence claims are limited to compensatory damages in the amount equal to

that which can be proved to have been incurred. The immunity applies to all

lottery schemes developed, organized, undertaken, conducted and managed by the

Atlantic Lottery Corporation such as video lottery terminals, ticket lottery,

instant win or online versions of these products.

Newfoundland and Labrador's legislation is in line with legislation already

implemented by the other three Atlantic provinces, with whom are joint owners of

Atlantic Lottery: New Brunswick in November of 2019, Nova Scotia in March of

2020 and Prince Edward Island in July of 2020.

Mr.

Speaker, I'll quote from the hon. member of Northside-Westmount, a Progressive

Conservative member of the legislature in Nova Scotia, and I'll quote him from

the brief debate. He said: “What's in the interest of Nova Scotia and Nova

Scotians is in protecting the province from potential damages were such efforts

to be instigated here in our province. Our neighbours in New Brunswick recently

passed similar legislation and, as partners in Atlantic Lottery, it would appear

prudent that we consider similar legislation here.” That is what we're doing

here for Newfoundland and Labrador.

The

amendment also updates references to the Minister of Justice and Public Safety

to accurately reflect the current title of that department. Without this

amendment, there is a higher financial risk to the government and the people of

Newfoundland and Labrador, other than to the other provincial shareholders of

the Atlantic Lottery Corporation, and that's most often called ALC, Mr. Speaker.

Other provincial shareholders have taken legislative steps to protect themselves

and Atlantic Lottery Corporation's operations in their provinces.

All

proceeds of lottery schemes are returned to the provinces; they are not retained

by the Atlantic Lottery Corporation. Without this immunity provision, if an

action were to proceed and be successful against the ALC in an egregious amount,

it could either force a bankruptcy of ALC or place the shareholders in a

position to pay the amount of the award on behalf of the Atlantic Lottery

Corporation. Given that a recently terminated class action in this province

sought disgorgement of all VLT profits for the period of 13 years, roughly $900

million, this amendment is a prudent and responsible action to take in defence

of the interests of the public at large.

As well

as the province, immunity will include ministers, directors, officers, employees

and agents of government. It will also offer immunity to the