Newfoundland and Labrador Hansard — Members' Statements — 22 April 2008 (46th General Assembly, 1st Session, Vol. XLVI No. 14)

2008-04-22

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements — 22 April 2008 (46th General Assembly, 1st Session, Vol. XLVI No. 14)

2008-04-22

Newfoundland and Labrador — Debates (Hansard)

April

22, 2008

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI No. 14

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

On Thursday, April 17, the hon. the Minister of Natural Resources rose on a

point of order concerning comments made on an open line show by a staff member

of the Official Opposition. The minister stated that the comments of the staff

member about donations being made by members of the Official Opposition amounted

to an indirect violation of the rules as laid out in the House of Assembly

Accountability, Integrity and Administration Act.

"Points of order are questions raised with the view of calling attention

to any departure from the Standing Orders or the customary modes of proceedings

in debate or in the conduct of legislative business" as stated in Beauchesne,

6 th Edition , 317.(1); or, to put it another way, "A point

of order is a question raised by a Member who believes that the rules or

customary procedures of the House have been incorrectly applied or overlooked

during the proceedings.", as found in Marleau and Montpetit, page 538. For

example, a complaint of unparliamentary language is a legitimate point of order

because language used in the House should be temperate, and unparliamentary

language tends to cause disorder in the House and disrupt the proceedings.

The incident referred to by the hon. the minister, on the other hand, is not

related to the proceedings of the House and, in the opinion of the Chair, does

not fall within the definition of a point of order, so I must rule that there is

no point of order.

Today, the House welcomes some special guests in our gallery. The House

welcomes members who are here today representing the Canadian Forces and the

Canadian Forces Liaison Council.

The House welcomes: Commander Rob Clark, the Commanding Officer of Canadian

Forces Station, St. John's; Captain Gene Walsh, Commanding Officer of the Air

Reserves; Sub-Lieutenant Vanessa Tucker from the Naval Reserves; and other

Regular and Reserve force members who are in the gallery today.

From the Canadian Forces Liaison Council, the House welcomes: Mr. Miller Ayre,

the current Vice-Chair of the National Canadian Forces Liaison Council and past

Chair of the Newfoundland and Labrador Council; Mr. John Murphy and Mr. Greg

Twinning, members of the Newfoundland and Labrador Canadian Forces Liaison

Council; Lieutenant Commander Margaret Morris, who is the officer responsible

for the Canadian Forces Liaison Council in this Province.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

MR. SPEAKER: Members' statements today will be by the following

members: the hon. the Member for the District of Cartwright-L'Anse au Clair;

the hon. the Member for the District of Grand Bank; the hon. the Member for the

District of Port de Grave; the hon. the Member for the District of Mount Pearl

North; the hon. the Member for the District of Ferryland; and, the hon. the

Member for the District of Port au Port.

The hon. the Member for the District of Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

I rise in the House today to extend sincere congratulations to Jonathan Earle

of Red Bay and the ACE Memorial team on placing second at the Students in Free

Enterprise World Cup, known as SIFE.

Jonathan is a member of the Advancing Canadian Entrepreneurship team at

Memorial, which is part of an organization that has some fifty chapters across

Canada. This group is part of an international group called SIFE, which

encompasses some 1,500 university campuses across forty-two countries.

Mr. Speaker, this ambitious ACE Memorial team placed second at the Students

in Free Enterprise World Cup that was held in New York City last year. They also

participated in the national competition in May and were chosen to represent

Canada at the international competition. Some 2,200 people from more than fifty

countries attended this international competition - with business executives,

including some of the world's top CEOs, judging the competition.

Mr. Speaker, SIFE students are concerned with developing outreach projects

that teach entrepreneurship, market economics, business ethics and finance in

their communities. One of the successes that the ACE team had been involved in,

in our Province, is the Moulder of Dreams, which is a pottery studio in Port

Hope Simpson, in my district, for people who suffer from Myotonic Dystrophy

and, Mr. Speaker, they have done a very successful job in that particular

project.

The competition started off with the opening round having eight divisions,

with five or six teams in each division. They had to compete in twenty-four

minutes, making presentations, and then they were advanced to different levels.

The other three finalists were the United States, Albania and Nigeria, with the

team from the United States taking the top honours.

Mr. Speaker, our team in Newfoundland and Labrador who represented Canada

was the runner-up in this highly competitive world event, and I think they

should be congratulated.

I ask members of the House to join me in acknowledging Jonathan Earle and the

team of ACE Memorial in Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Grand Bank.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Thank you, Mr. Speaker.

I rise today to recognize the passing of a prominent citizen from my

district.

Mr. Basil Collier, a resident of Fortune, passed away peacefully in his sleep

several weeks ago at the age of sixty-four, and I wish to convey condolences on

behalf of my family, and all the residents of the District of Grand Bank, to his

wife Millie, children Linda and Dwayne, and all of his extended family.

Mr. Speaker, Basil, or Base as he was known, made a significant contribution

to public life during his stay with us, including more than thirty-five years as

a Town Councillor, Mayor, and Town Clerk for the Town of Fortune.

One of the highlights of his public service in Fortune was his role in the

construction and opening of the Fortune Arena.

In addition to his activity as a community volunteer and member of the

Fortune Lions Club, Base was a renowned local musician and certainly, through

this, he touched and influenced many lives, Mr. Speaker, including my own

personally.

Mr. Speaker, Base will be sadly missed by his family, friends, and the

community, and I would ask all members of the House to join me in recognizing

his many years of public service and contribution to public life in our

wonderful Province, and in passing along our condolences and best wishes to the

Collier family.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, on Saturday, April 19, I had the pleasure to

attend the Gideons' Eighth Annual Spring Banquet, hosted by the Conception Bay

Chapter.

The event was held at Grace United Church Hall, Coley's Point, with

approximately 250 people in attendance. Camp president Dwight Petten explained

that Bibles are distributed in some 183 countries and in over 80 languages.

Mr. Speaker, the Gideons began placing Bibles in hotels in 1908, and this

past year Canadian Gideons distributed 646,000 Bibles in Canada and another

1,674,000 in other parts of the world.

The Conception Bay Camp, a 100 per cent volunteer group, raised $18,000 on

Saturday evening to purchase Bibles - truly a tremendous success.

I ask all hon. members to join me in congratulating all Gideons on a job well

done.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate the Adventure 50+ Club in the

Town of Paradise on recently celebrating its twenty-first anniversary.

The Adventure 50+ Club is a great organization that keeps its members active

in many exciting events. They provide a community service that encourages people

with similar interests to get together and take

part in different activities.

This is so very important to our older residents who find themselves in a

situation whereby they have raised their families and now have more time to

dedicate to themselves. The club is a great way to develop new friendships as

well.

Mr. Speaker, I ask all members of this House to join me in congratulating the

Paradise Adventure 50+ Club on celebrating its twenty-first anniversary and wish

them all the best for years to come.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Ferryland.

SOME HON. MEMBERS: Hear, hear!

MR. HUTCHINGS: Thank you, Mr. Speaker.

I rise in this hon. House today to recognize the efforts of the Bay Bulls and

the Bauline Regional Games Committee in hosting the first ever Regional Games

held last summer. This event was completed, organized and promoted by the

dedicated volunteers of the region who, in recognizing the importance of good

healthy living for our young people, took on the challenge of putting this event

together over a short period.

This event highlighted that community and regional spirit is alive and well,

as all communities of the region came together to participate, both volunteers

and our youth, from Bauline to Bay Bulls.

A selection of sporting events included: soccer being played at the soccer

pitch in Bay Bulls, softball in Witness Bay, and ball hockey being held at the

Southern Shore Arena in Mobile, to name a few.

In total we had 210 young people, ages four to sixteen, from Bauline to Bay

Bulls, attend this tremendous event over a three day period, which gave our

youth a chance to experience - some for the first time - the benefits of

participating in sport for the love of participation and friendship. This event

has built on, and will continue to build on, the sporting tradition of the

Southern Shore.

I ask all members of this House to join with me in congratulating the

Regional Games Committee, which included: Ken Williams, Scott Penney, Carl Tee,

Loyola O'Driscoll, Andy Walsh, Darlene Reid, Cathy Power, Valerie Power and

Luke Bidgood, for the outstanding contribution they have made to this region in

hosting the first ever Regional Games.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port au Port.

SOME HON. MEMBERS: Hear, hear!

MR. CORNECT: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this hon. House today to congratulate Linda (Lin)

Collier on being selected as the 2007 recipient of the Susie Day Volunteer of

the Year Award as announced earlier this year.

This honour is given once a year by the Newfoundland and Labrador Laubach

Literacy Council, and since its introduction in 2001, to recognize the

outstanding volunteer services of individuals for their dedication to literacy.

Linda Collier is yet another such dedicated volunteer. Linda started her work

as a volunteer with the Bay St. George Literacy Council eight years ago and has

worked countless hours with the organization and its individuals. She has held

several positions with the organization and she is quoted as saying "I

truly believe I have found my niche. It's a fantastic group of people I work

with here as everybody gets along so well and it's so important to be helping

people improve their lives."

In 2006, as a student assistant, Linda matched thirty-six students with

thirty-three tutors who amassed 2,368 hours in volunteer time.

Linda is very committed to literacy and has a great desire and enthusiasm for

organizing and administering many council and association events. She returned

to school this year to study the two-year Community Studies Program at the

College of the North Atlantic in Stephenville. Even so, she still remains active

with the Bay St. George Literacy Council as Office Manager, Assistant Student

Coordinator of the Annual Volunteer Luncheon, Chair of the Advisory Committee,

literacy representative on the Rural Secretariat and a substitute tutor.

Linda was also recognized for her selfless contributions at the Annual

Stephen Awards Banquet last year in Stephenville by receiving the Volunteer

Appreciation Stephen Award for her twenty-six year contribution to community

life in the Bay St. George region.

Mr. Speaker, I ask all hon. members of this hon. House to join me in

congratulating Linda Collier on being recognized for her wonderful contribution

to literacy in the Province.

Flicitations Linda et continue le bon travail.

Merci Monsieur le Prsident.

SOME HON. MEMBERS: Hear, hear!

Statements by Ministers

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, I am very pleased to rise today to

announce that in this year's Budget our government will eliminate the 15 per

cent retail sales tax on insurance premiums.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, this is yet another concrete example of

our government putting money directly back into the pockets of taxpayers in this

Province. This will cost the government approximately $94 million this year and

an estimated $75 million annually thereafter. This substantial investment will

benefit each and every individual, corporation, small business, community,

municipality and volunteer organization in this Province and our government is

very proud to make it happen.

The sales tax on insurance premiums was implemented in the 1960s. In April,

1997, the government of the day harmonized the provincial retail sales tax with

the GST and adopted the same tax base as the GST. However, the sale of insurance

is not subject to GST-HST. The previous government retained the retail sales tax

on insurance premiums, and increased the rate to 15 per cent, leading many

people to believe that HST and the RST on insurance premiums were, in fact, the

same tax.

Mr. Speaker, only two other provinces had imposed a similar tax but with a

much lower rate and a narrower base. Those provinces do not have a harmonized

sales tax.

While we need to impose taxes to provide health care, education and other

public services, this particular tax just did not seem fair and many have

advocated for its elimination. I know the Minister of Finance has heard it

directly from people throughout the Province in his pre-budget consultations.

When we assumed office in 2003, we found ourselves in an extremely difficult

fiscal position, heading potentially for a billion dollar deficit. We were not

in a position to eliminate this tax. As circumstances improved, we had many

priorities to address before we could address this problem.

We have made significant inroads in dealing with our infrastructure deficit

including substantial investments into our hospitals, long-term care facilities,

schools, post-secondary institutions, roads, bridges, ferries and many more.

We have implemented a Poverty Reduction Strategy that is held up as the

national model. We have assisted seniors in many ways and we have created more

economic opportunities for our people. Last year we lowered personal income tax

rates to become the lowest in Atlantic Canada. We recognize that competitive tax

regimes are critical to economic growth and stimulation and also inward

investment.

Mr. Speaker, the elimination of this tax will be retroactive to January 1,

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: We will ask insurers to refund any tax that has been

collected from January 1, 2008 until now, on new contracts and renewals. I

appreciate that this will place a small compliance burden on insurers. However,

the insurance industry has lobbied long and hard for the elimination of this tax

and I am confident that they will be pleased to comply.

Given our Province's ever improving financial position, we also know that

we, as a government, must continue to give back to the people of this Province.

As Newfoundland and Labrador continues to prosper and grow, our people must

benefit in meaningful and tangible ways. Today's announcement, Mr. Speaker,

does exactly that.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

This is, indeed, good news. I can see why the members opposite would be

excited about this announcement. I am sure all of the people in the Province

will be excited to hear this news today.

SOME HON. MEMBERS: Hear, hear!

MS JONES: Mr. Speaker, for some reason I feel like I am seeing the

opening act to the Budget that is going to come up in the next week or two. So,

hopefully, we will see about $1 billion in new investments made into people and

infrastructure throughout our Province, and certainly, this is a good first

start. It makes me believe that persistence pays off, there is absolutely no

doubt. I think, as an Opposition, we have raised this issue in press releases

alone twenty-four times in the last number of years, as well as raising it in

the House of Assembly.

Mr. Speaker, it was only on Friday we tabled a private member's motion with

the Government House Leader that we would debate tomorrow, calling on the

government to eliminate the tax on insurance in the Province and did not even

have an opportunity to table it in the House of Assembly. Mr. Speaker, I say the

persistence and the determination paid off for the Opposition this time. The

result is a government that listened and acted, I say to hon. members, and we

certainly acknowledge that.

Mr. Speaker, I can only acknowledge that this insurance would

be applicable to people who have car insurance, home insurance, life insurance,

marine insurance, business insurance in the Province; having said that, it would

affect almost everyone in Newfoundland and Labrador. I think it is important to

point out that this was highlighted in a review that was done in 2005-2006 on

insurance in our Province which indicated that the tax rate on insurance in

Newfoundland and Labrador at that time was the highest among Canadian provinces,

and indeed, the highest amount nations in the G-7 countries.

So, Mr. Speaker, we certainly applaud, I am sure, the many

other groups out there that lobbied for this as well: the Federation of Business

MR. SPEAKER: Order, please!

I ask the hon. member to conclude her remarks.

MS JONES: Thank you, Mr. Speaker.

The Consumer Advocate and the Community Services Council, in particular, and

to say to government I am glad that you are listening, recognizing that this is

important, that it will contribute to many families in the Province (inaudible).

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I will promise not to take half the time of my colleague, the Leader of the

Opposition.

Thank you very much.

Obviously, Mr. Speaker, I am delighted that the government has finally seen

the light with regard to what was an unjust tax, the light that was being shone

on them by both the Official Opposition, the party that I represent for a number

of years before I came into the House, and by the people of this Province. Yes,

it is true, the minister heard people speak to him about this issue, but so did

my office. Many of the phone calls I have gotten in the short time that I have

been in the House, since the fall of 2006, have dealt with this very issue. You

are listening to the people and that is good. I, too, as I said the other day,

am really awaiting the Budget. I am dying to see what else you are listening to

because that is why you are there, that is why we are here.

Yes, I thank you. I thank you on behalf of the people. I thank you on behalf

of my predecessor who spoke to this, and I thank you on my behalf for finally

taking the action. I do hope - the one thing I have concern about when the

Premier says he is confident that the industry is going to willingly take on the

task they will have to do with regard to the rebate, I hope they are as willing

to do it as you feel confident that they are. I am sure they will. They have

wanted this as well. Let's make sure that happens smoothly for the consumers.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further Statements by Ministers?

The hon. the Minister of Environment and Conservation.

SOME HON MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to acknowledge April 22 as Earth Day, a day

dedicated to protecting and sustaining the environment. This day marks the

anniversary of the birth of the modern environmental movement in 1970, and the

beginning of an effort that now spans more than 175 countries, with

participation from more than 1 billion people.

There are many activities, Mr. Speaker, designed to commemorate Earth Day

across the globe. On a local level, I participated in a clean-up of St. Phillip's

Beach on Sunday, as Ocean Net launched its new "Friends of Beaches

Network" in celebration of Earth Day 2008. This new program incorporates

the organization's primary focus, namely that of beach, shoreline and

underwater cleanup. More than $12,000 in funding was recently provided by our

government to this group, as their efforts coincide with the objective of our

Climate Change Action Plan to increase public awareness around climate change

issues.

Mr. Speaker, the issues of climate change and global warming are the focal

topics for this Earth Day. Organizations such as the Earth Day Network are

mobilizing millions of people around the world behind a Call for Climate, their

global warming action theme. Here in Newfoundland and Labrador, we are also

actively tackling the issue of climate change. We recognize that we do not have

to reduce our quality of life, but we do have to change the way that we live.

Our government has facilitated workshops on climate change for

municipalities, with a particular focus on impacts and adaptation. Earlier this

month, Mr. Speaker, I attended a workshop, jointly sponsored by our government

and the International Council for Local Environmental Initiatives, as they are

known, ICLEI, which guided municipalities in the assessment of their response to

climate change. Furthermore, our Climate Change Action Plan will be updated this

year and will focus on applying specific targets to reduce greenhouse gas

emissions. We will also be developing an adaptation strategy for the Province,

including a separate strategy for our Northern communities, under the Northern

Strategic Plan. Our energy plan will also help ensure that our legacy is that of

a sustainable economy powered by renewable, clean energy.

As we continue to pursue our greener efforts, and businesses and

organizations work in partnership with us, we will reduce our environmental

footprint and be part of the culture of conservation in Newfoundland and

Labrador. The environment belongs to all of us, and it is up to all of us as

individuals, groups, businesses and government to lead by example and do our

utmost to protect and enhance it. I trust we will all keep this in mind for this

Earth Day, today.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the minister for an advanced copy of her statement, and to

say I think it is important that we all remember Earth Day and take part

wherever possible.

I know when the minister mentioned about the clean up of the beach in St.

Phillip's, I am sure the Member for Harbour Main, as well as myself, remember

the wonderful group (inaudible) out of Ascension Collegiate, how they go around

and clean up various facilities over the years.

It is amazing how everything has come full circle. I remember growing up in

Placentia Bay, the only thing we worried about the climate, we were wondering if

the fog was going to lift so that we could see the sun for half an hour before

dark, but now we know how tremendous an issue that is. It is good to know that

the minister and government has been dealing with the municipalities and others

involved, so that this can be dealt with in a more responsive manner.

The only thing I will say to the minister, we know there are several issues

in our Province that have to dealt with - I know they are being dealt with - but

recycling, our water quality, the environmental issues in Placentia Bay from the

fishermen and others. I am sure after a period of time it will come together,

but we wanted to say that we agree with this statement and we want to thank you

for the opportunity to speak.

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

I thank the minister for the advanced copy of her statement.

As the minister points out, the focal topics for Earth Day are climate change

and global warming. While I appreciate the things that the minister has spoken

to and the activity that she took

part in on Sunday, I think the Province could

also celebrate Earth Day in a much bigger way by announcing that it will take

action regarding the instillation of scrubbers in the Holyrood Generating Plant.

This is one of our worst polluting industries in the Province. We should not

wait another ten years for the Lower Churchill project to come on stream before

we get rid of this polluting energy source.

Another thing the government could announce would be a home retrofit program

which would also help reduce greenhouse gases by lowering the amount of energy

that would be used in home heating. So, let's really celebrate Earth Day and

put in place these things which have a real impact on climate change in this

Province. As well, it is a great economic development initiative to get involved

in because in the creation of energy efficiency programs we get employment, we

get training, and we have opportunities for new enterprises, jobs and skills to

be developed in rural areas. Let's follow the lead of New Brunswick with their

NB Energy Corporation and get involved in these programs.

Thank you, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral questions.

Oral Questions

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, last week I met with the head of laboratory services at Eastern

Health, Dr. Denic, to discuss issues surrounding recruitment and retention of

pathologists. Without immediate action, there will be seven vacant pathology

positions at Eastern Health by this summer. Mr. Speaker, the Premier has stated

previously that to attract people, like when he recruited Mr. Ed Martin to work

at Newfoundland and Labrador Hydro, that we must pay competitive rates with the

industry.

So, I ask the Premier today: Why are we not paying our pathologists a

competitive, national wage in order to recruit and retain their expertise in the

Province?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

Members of this House may recall last year when I stood here, some time

around the middle of May, and announced that government was implementing a

stipend to be paid to pathologists in the Province that will bring them on par

with the oncologists who were practicing in the Province. At that time I think I

indicated to this House, Mr. Speaker, that with that stipend - in addition to

the salary they had already negotiated with their association and with

government - it brought them much more inline with other jurisdictions in the

country and put us in a position where now we were going to be much more

competitive on a compensation perspective and a salary perspective; add to those

the other benefits with respect to vacations, leave, education leaves and other

kinds of benefits paid to the pathologists, should make us competitive in a

national marketplace, I say, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, the minister knows that the stipend he refers to

has not allowed them to be competitive in the wage rates with the rest of the

country. He also knows that the stipend does not contribute to further

pensionable benefits and so on for these individuals.

Mr. Speaker, I know that each of the health boards are responsible for the

recruitment and retention efforts within their various health care corporations,

but I ask the minister today, outside of providing the monetary package, does

government play any other direct role in the recruitment or retention of these

professionals in the Province?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

Mr. Speaker, a couple of years ago government funded a position, recruiting

position, as a part of our Recruitment and Retention Strategy. We put in place a

program where we would have a dedicated recruiter to work with the Regional

Health Authorities in recruiting positions for the Province. We also have a

program in place where we provide bursaries. We provide financial support to

people entering the residency programs and these are part of the provincial

government's initiatives as we support the work of the Regional Health

Authorities.

So, through this position recruiter office that we have established, they are

working very closely with their four authorities in ensuring that we have an

ample supply of physicians for the Province, but also work with the authorities

in identifying retention strategies, I say, too, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

The resignation of Dr. Beverley Carter will have a dramatic impact on

subspecialty breast cancer pathology. She was the lead consultant, not only for

Eastern Health but for the entire Province. There is uncertainty as to how this

subspecialty will be able to continue after her departure in June.

So, I ask the minister: Has the department looked at how subspecialty breast

cancer pathology can continue at Eastern Health in order to serve the entire

Province?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, the member opposite raises an interesting

point. I am glad she has brought her attention back to it because this is

something I have been saying in this House and outside, and something that the

Premier has said many times before. We have had the recent resignation of a

pathologist and one of the things that the other pathologists are saying is that

they are concerned about the level of attention and criticism they have been

receiving recently as a result of some discussions around ER-PR testing which

took place some time ago.

I say, Mr. Speaker, all of us as a Province, not just as a government and as

Opposition, but as a Province we have a vested interest in ensuring that we

could create and support a very supportive climate for the physicians that we

have in our Province.

One of the things that we were challenged by in the recent past is a lot of

the public criticism, a lot of the public scrutiny, that has gone on of our

health system, and it creates a climate where physicians will frequently feel

pressured that they are under a microscope constantly for the work that they do,

and people are questioning the quality of the work they do.

MR. SPEAKER: Order, please!

I ask the minister to conclude his answer.

MR. WISEMAN: I will, Mr. Speaker. Thank you very much.

That is why I say I am glad the member opposite is finally realizing that

some of the attention that her and other people have been bringing to this

issue, and some of the undue criticism levied at individuals, creates a

circumstance where it creates a bit of uncertainty, and I say, Mr. Speaker,

(inaudible).

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I think the minister needs to realize that the real circumstance we have here

is: we have an inadequate benefit package to attract these professionals in the

Province when it comes to competing with the rest of the country.

Mr. Speaker, I say to the minister, I took the time to sit down and meet with

these pathologists, in fact, to better understand the situation that they are in

and what they are confronted with. I might ask if he has done the same to date.

Mr. Speaker, in our briefings last week with Eastern Health, it was indicated

to us that pathologists obviously rely heavily on the work of technical support

workers in the lab. They also indicated that there was a shortage in these

positions.

I ask the minister if he is aware of a shortage of technical support staff in

these labs, if he can tell me what that shortage is, and what recruitment

efforts are being made?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: I understand from an analysis of the potential retirements

in our laboratory services throughout Newfoundland and Labrador that, with the

current age bands of those who are currently employed in the system, in the next

five to ten years there is a large number of anticipated retirements.

Very specifically today, neither one of our authorities have brought to my

attention that they are dealing with a severe shortage of technologists. There

are some locations throughout the Province where they may periodically have some

difficulty recruiting laboratory technologists, but as of today I am not aware

that we have a serious shortage of technologists in the Province. I know we are

planning for some retirements in the next five or ten years, but today I am not

certain that, in Eastern Health particularly, we are experiencing a shortage of

technologists.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I hope the minister is correct in the information, but I would ask that he

undertake to check that out and to provide the full information.

Mr. Speaker, according to George Tilley's testimony last week at the

Cameron inquiry, there were great expectations that Eastern Health do more with

less. He indicated that savings of between $8 million and $10 million were

expected through the amalgamation process of health boards in the Eastern

Region.

I ask the minister: Why were four mega-boards created in 2004 with

cost-saving measures in mind but no transition plan or resources to ensure its

success?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, before I answer the question, I just want to

put in context her commentary about the mega-boards. This has been repeated time

and time again, a reference to mega-boards. Any issue that comes up in health

care today, the first things is, oh, that is because of the consolidation of

heath boards in 2005. Everything that happens is attributed to an amalgamation

that occurred in 2005, and nothing could be further from the truth. When you

talk about mega-boards, it is as if there is something mystical about something

we have done in this Province.

If you look around this country, New Brunswick, a couple of weeks ago,

announced that they are going to have two boards. The population of that

province is somewhere between 750,000 and 800,000 people, and they are going to

have two. So, if they split it down the middle, that is 400,000 apiece.

Eastern Health, 293,000 people is what they serve, and some tertiary programs

they have for the entire Province. If you look around the country, Alberta, just

a couple of days ago, announced that they are going to move towards a further

consolidation of their boards and have hinted at having only one for an entire

Province of 1.6 million or 1.7 million people.

MR. SPEAKER: Order, please!

I ask the minister to conclude his answer.

MR. WISEMAN: Thank you, Mr. Speaker.

What I am trying to do, Mr. Speaker, is put in context here references to

mega-boards as if there is some problem associated with having large boards in

the Province. When we look across this country, it is a pattern that has been

established because everybody realizes there are some economies of scale to be

achieved by having larger boards.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Mega does not mean unsuccessful, Minister, in my book, and I am sure there

are many large boards out there that do not have problems. We are just

identifying some that may exist here.

In fact, we are hearing that the transition is not complete within Eastern

Health, of these board structures, and I ask the minister now if resources will

be provided to Eastern Health to help them complete the transition process so

that this restructuring can be completed successfully.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, I sincerely hope that the member has been

hearing that the transition has not been completed, because I have said it in

this House about ten times during this sitting alone. I have said, very clearly,

that transitions and the bringing together of organizations take a period of

time. This only happened in 2005. I have said many, many times that anywhere

between three to five years would be considered a reasonable period of time to

allow a full transition to occur. This is 2008, three years after that, so we

sill have a year or two before all these transition issues are being dealt with.

I share by way of example, last week, in this House, the example of the

bargaining units coming together. It is a major piece of work. It cannot happen

overnight. It will probably not be concluded over the course of the next twelve

or eighteen months. That is just one example of something that is still very

much in transition and a natural part, I say, Mr. Speaker, a natural part, of

bringing organizations together and dealing with the many challenges of bringing

them under one governance model.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I would like to ask the minister, because I have been told that there are

significant outstanding employee arbitration cases within Eastern Health, I ask

if the minister can confirm for me today that there are approximately 3,000

outstanding arbitration cases that have not been dealt with.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: One of the things, as a government, and as your government

previously, we created health authorities to deal with the day-to-day operations

of our health services in the system. Human resources and labour relations

issues are a part of their responsibility. The number of grievances they may

have, the number of grievances that may have been filed, the number of

arbitrations that they may be dealing with today, and the whole issue of their

relationship with the various collective bargaining units that they are dealing

with, is an issue dealt with by the human resources and labour relations people.

I have no idea at all, Mr. Speaker, nor would I, in my position as minister,

have an idea on any given day the number of grievances outstanding in any one of

our regional health authorities. It is an issue, obviously, that is important to

the member opposite and I will undertake to find out exactly how many there are.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

That was all I required, some confirmation as to whether that is the case.

Obviously, morale in the workplace is very important when it comes to recruiting

and retaining employees.

Mr. Speaker, in April the government released actually, April 18, I think

it was, Friday, or Thursday - the government released a report completed by the

Fire Commissioner for ten health facilities in the Province, after the media and

the Opposition pushed for this review.

My questions are for the Minister of Municipal and Provincial Affairs. The

report revealed that seven of these ten facilities required sprinkler systems,

nine out of ten required work on fire separation and fire alarm systems, and all

of these facilities required some level of action.

I would like to ask the Minister of Municipal Affairs: Why did you issue a

release on March 6 stating that there were no immediate fire and safety concerns

when it was obvious from this April report that there was a multitude of

concerns in these facilities?

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. DENINE: Mr. Speaker, I would like to address the protocol, and what

happened with the timing of that release.

In that release, I said there were no immediate concerns brought to the

attention of the fire commissioner. What happens is that, when the fire

inspections are taking place, if there are any concerns, they are directed to

the fire commissioner's office. I was correct in saying none of those concerns

were brought to the attention of the fire commissioner at that time.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, the fire commissioner's report also revealed an

overall weakness in staff training. In 66 per cent of the provincial health

facilities that he reviewed, he indicated that ten of these facilities examined

required staff training; however, once again, you, Minister, told the media that

people working in these health facilities knew what they had to do in case of

any emergency that was fire safety related.

I have to ask: On what basis were you able to make those statements?

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

MR. DENINE: Mr. Speaker, when I received that report, and I had a

conversation with the fire commissioner, that was one of the things that we

needed to implement. We needed to implement seminars for life safety, evacuation

procedures and life safety codes within the structure itself.

The fire commissioner came back and said to me, what we need to do is conduct

seminars so that each health facility that is owned by the government would

attend those seminars, and they would go back and implement the fire safety

regulations there.

So, Mr. Speaker, we are taking a proactive approach in terms of that, and

that will be corrected in the near future.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, the report also cited that the Labrador City

hospital is severely lacking in fire protection and life safety features. I know

it is government's intention to replace this facility, but at the present time

it is still in operation, providing health care services to the people in that

area. In fact, the commissioner has ordered a two-person shift to patrol the

facility, I think, on a twenty-four hour basis.

Mr. Speaker, I ask the minister: Why didn't government discover these life

and safety issues before now? Are there no protocols in place whatsoever for the

guaranteed inspection and reports on these facilities on a regular basis?

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

MR. DENINE: Mr. Speaker, this facility did not have these deficiencies

overnight. These were accumulating over years.

What we are going to do, Mr. Speaker and the Opposition Leader is right,

there are foot patrols in that building right now. Any immediate concerns that

were there, for example, when the fire inspector went through that facility - if

lights had to be put on, and whatever, some small issues - they were addressed

immediately. Right now, they are given sixty to ninety days to implement the

deficiencies that are there, and they have twenty-four months to install the

sprinkler systems.

Mr. Speaker, we are working towards it; we are going to make it safe. In

talking to the fire commissioner today, he is quite comfortable with the patrols

that are on the floors today.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I ask the minister again: Are there any protocols in place for the inspection

of these government-owned facilities? If not, will there be some put in place to

at least say they have to be inspected annually, every three years, four years,

or whatever the case may be? I am not aware that there are any regulations right

now.

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. DENINE: Mr. Speaker, the regulation we have today is that there is an

MOU with the local fire departments to carry out the inspections, and with

different inspectors in Government Services. After getting this report, I

instructed FES-NL to go back, look at our protocols, examine them, change them

if they need to, and make sure that this does not happen again, so that I am not

on this floor again trying to defend anything like this.

This is something we are going to look at. To the Opposition Leader, yes,

protocols will be put in place. We are going to look at the overall policy to

make sure, again, as I said, that it does not happen again.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

My next question is for the Minister of Health and Community Services.

I wanted to indicate to him that over the past three months the Department of

Health and Community Services have been told repeatedly by our office, the

Opposition office, that the phone number of an opposition researcher was

published on an application form for the Prescription Drug Program.

I am only raising it because there have been a lot of calls coming in to our

office, messages being left on message machines with private and confidential

information, and we have reported it consecutively to the department. Nothing

has been done. We are still receiving phone calls.

I want to raise it for you, Minister, to look into this, to see what the

problem is, and to ensure that the number is removed. Are you aware of it?

MR. SPEAKER: Order, please!

The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

I was not sure if it was a question or a statement. If it was a question,

yes, I was aware of it. As you pointed out, it is in printed material and,

unfortunately, the printed material has been disseminated some time ago so there

may still be some copies of that in circulation.

The number, as I understand, that has now been corrected. The unfortunate

thing is, you may still get a few more calls because the information is out

there in print.

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, it is the mandate of the Department of

Environment and Conservation to monitor and analyze the chemical quality of

community water supplies in this Province.

On January 31, the Minister of the Department of Environment issued a

non-consumption water advisory to eleven communities. The next evening, the

minister disclosed that these communities had been using contaminated chlorine

to treat their water supplies for more than two weeks.

My question to the minister is: Why did the issue of contaminated chlorine

not get picked up by officials in the Water Resources Management Division in

that two week time frame?

MR. SPEAKER: The hon. the Minister of Environment and Conversation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, this government is really committed to safe and clean drinking

water. I certainly do not want to put words into the Premier's mouth, but I do

know how committed he is to this and he has made it a top priority for him, as

he said publicly as well.

The instance that you refer to is one that did happen. These are private

transactions that occur between the municipalities. Municipalities are

responsible for carrying out the water testing in their communities. Certainly,

this was a private transaction that occurred between the municipality and the

particular company. We did follow up. We did have an operator training session

with the municipalities and they are very aware now of what they need to look

for in the future so that this does not happen again.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, according to the supplier of the chlorine,

municipal workers in New Brunswick first discovered this problem and alerted

officials with Health Canada as early as January 25. Municipalities in this

Province were not notified until a recall was issued on January 29 and the

minister issued the non-consumption advisory on January 31.

I ask the minister: Can she tell this House when she was notified about the

contamination, who notified her, and does she feel the reporting process was

adequate?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

As I did just mention, these are private transactions between the

municipality and the particular business involved. Officials within my

department became aware of this late on a Wednesday evening. I am not sure of

the exact date, at the moment, but I know it was late on a Wednesday evening. We

became aware of it. At that time there were calls put out to municipalities.

First of all we had to determine if, in fact, this particular supplier had

sold it to any of the municipalities in our Province. Once that was done, we

immediately acted to call all of these municipalities and tell them that they

were in possession of chlorine which they shouldn't be using. So, I am quite

confident that all protocols were followed.

At the same time, the business that did sell the particular product, they

were also contacting municipalities at the same time. We just did it as an extra

step, a precautionary step. We, in fact, took it a little step further and

contacted Health Canada and asked them to do an emergency risk assessment of

this as soon as possible.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, I have to say to the minister that this was

simply a matter of luck, I guess, that the health and the environmental risks

associated with drinking this chemical was at a low amount. The result could

have been very difficult if the chemical involved had been more dangerous.

I ask the minister. Now that you have received this startling wake-up call on

the inadequacies in the system, what new procedures are being put in place to

prevent more serious incidents from happening in the future?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, just last month there was an operator, trainer and education

program in Gander where we pull all municipal operators together for a

conference, at virtually no cost to them. We highlighted at that conference,

again, the importance of ensuring that the product that they are using is a

certified product. Our training session, in fact, is recognized throughout North

America. We have the Walkerton community using our training modules. Also, just

recently, we were contacted by West Virginia to also mimic and use our training

facilities as well.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: I would like to let the hon. member opposite know that this

is the only Province in Canada that does water quality testing. In fact, last

year we tested 2,950 samples. We are recognized nationally for that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, I say to the minister, I know the officials in

her department tests the water, but I have to say to her, I spoke with officials

in various communities where inspectors have not gone into the actual facility

where the chlorine enters the water system from as high as seven to eight years.

Mr. Speaker, one of the issues that emerged with this story was the fact that

smaller communities were using different types of chlorine. A follow-up

investigation by Health Canada revealed that forty-four communities were using

different chlorines that were not certified by the National Sanitation

Foundation.

I ask the minister: Why were officials in the department, where she is

minister, unaware of the use of non-certified chlorine by forty-four

municipalities?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Upon knowing that this chlorine was contaminated, we did ask Health Canada to

do the emergency risk assessment. As a result of that, they did come to find out

the product that most of these municipalities were using was, in fact, a

contaminated product and it was not certified.

Mr. Speaker, as I said, these are private transactions between the

municipalities and the business. We do have an operator training session but

there are over 500 communities in the Province, and hundreds of those do check

the chlorine on a daily basis. It is our role to ensure that they are properly

trained to do so, and we did just that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, in recent documents tabled at the Cameron Inquiry we have

learned that the former CEO of Eastern Health believed that the anticipated

savings on which Treasury Board based its recommendations for restructuring our

health system were unrealistic. He also expressed concern that the expectations

of Treasury Board for the new health authority were beyond reach.

Mr. Speaker, I ask the Premier: Will he verify that the main reason for the

reorganizing of the health boards was based on recommendations by Treasury Board

as a cost-cutting measure, rather than on an overall analysis of the needs of

the health care system?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MR. WISEMAN: Mr. Speaker, any consolidation of health authorities across

this country, including Newfoundland and Labrador, would have been based on a

couple of very basic fundamental understandings. One is there should be some

economies of scale to be achieved by bringing together organizations. You are

able to have one administrative group, single payroll system, single accounting

functions, single purchasing functions - those sorts of day-to-day things.

The other thing, which is more important, I say, Mr. Speaker, much more

important, is an ability for one authority, or two authorities, or smaller

groups of authorities, to better coordinate the delivery of health programs

across our Province. Historically, we have had community health services,

institutional services, both acute care and long-term care. If you look at how

health services are organized and delivered across this country it makes a lot

more sense, it creates a greater efficiency and a much better health system for

the people of the Province, when you have a better coordination of services -

which you are able to achieve with one government structure, one single entity,

rather than have multiple organizations with different mandates, providing -

MR. SPEAKER: Order, please!

I ask the hon. minister to conclude his answer.

MR. WISEMAN: Thank you, Mr. Speaker.

- all trying to coordinate services across each other's boundaries, and I

say, Mr. Speaker, that is the first and primary -

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Once again, I did not get an answer from the Minister of Health, so I will

continue. In some of the documents that were tabled last week, we have Mr.

Tilley being quoted as talking about the recommendations of Treasury Board and

Treasury Board making recommendations with regard to personnel, with regard to

loss of management, making recommendations that he did not believe were the

purview of Treasury Board because they did not have the knowledge of how the

health care system works.

So my question is: Is the current reorganization that you keep telling us,

minister, is ongoing, is this now going to come under recommendations from the

Ministry of Health, rather than cost saving measures and recommendations from

Treasury Board?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

Mr. Speaker, obviously, you have never sat in government, you would not

understand exactly how it works. Within our system we have four authorities, and

they have a responsibility for delivery of programs and services. At the

Department of Health and Community Services we provide broad policy direction.

We secure money through the annual budgetary process to provide the authorities

with money to delivery those programs and services. Within government, there are

multiple ministries, multiple departments. Each of us has a role. The role that

Treasury Board will play in identifying - to help us with the budgetary process.

They have a certain degree of expertise in the areas of labour relations and

organizational structures. So, they are part of a team, I say, Mr. Speaker. They

are part of a collective team.

Government overall, including the Department of Health and Community

Services, Treasury Board, working collaboratively with the four authorities,

make decisions on a day-to-day basis, on an annual basis with respect to the

future of health services in each region -

MR. SPEAKER: Order, please!

I ask the hon. minister to conclude his answer.

MR. WISEMAN: - and how those programs should be delivered and the level

of budgets that they need to be able to support those, Mr. Speaker.

Thank you.

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I will put it very plainly. Is there a document that shows that there was a

plan in place dealing with programs that was given to the boards to start

working with, and if not, why not?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, when the four authorities were created back in

2005 and under the transparency legislation, we would have provided them a

mandate. We would have put in place the boards. We would have asked them to put

together their organizational structure to put in place and we would have asked

them to develop long-term strategies. They would put together their action plans

for a three-year period. I think the first one was 2005 to 2008. We are in the

midst now of developing one for 2008 to 2011. They present those to government

as their broad future directions that they would envisage taking their boards

and their respective regions. They would then ask us for the necessary funding

to be able to support that program and support those initiatives, and that is

what the boards would have done.

So, when we created them in 2005, we would have asked them, now you have your

new regions, you have a broad mandate, develop for us a strategy now for you to

implement the implementation of the programs that you have been mandated to

provide in your respective regions -

MR. SPEAKER: Order, please!

I ask the hon. minister to conclude his answer.

MR. WISEMAN: Thank you, Mr. Speaker.

So, that is the kind of relationship we would have had and we would have

asked them to do that for us. We would have looked forward to their submission

of that strategy and we would have provided the funding consistent with our

fiscal capacity to do it.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The time for questions and answers has expired.

Before the Chair asks for Presenting Reports, the Chair would like to

recognize the Mayor of Placentia, Mr. Bill Hogan, a long time member of this

House. As well, he is accompanied by the Chief Administrative Officer for the

Town of Placentia, Mr. Ed O'Keefe.

Welcome to the House of Assembly.

SOME HON MEMBERS: Hear, hear!

MR. SPEAKER: Presenting Reports by Standing and Special Committees.

Tabling of Documents.

The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

Last week, I asked some questions of the Minister of Justice and he asked

where I got my facts and information. Just for the record, I will table the nine

different reports from different agencies, correctional services in Canada and

in this Province, from which I collected the information.

MR. SPEAKER: Order, please!

The hon. member knows full well that private members don't table documents

in the House. If the hon. member wants to share documents privately with the

Minister of Justice or some other member, I suggest he do that, but not to table

them.

Tabling of Documents.

Notices of Motion.

The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, pursuant to Standing Order 65(f), I would like

to move that -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. RIDEOUT: Mr. Speaker, pursuant to Standing Order 65(f), I would

like to move that the following members constitute the Standing Orders

Committee. It would be yourself Your Honour, the Member for Bonavista South, as

Chair; the Member for Mount Pearl North; the Member for Signal Hill-Quidi Vidi;

the Member for Burgeo & LaPoile; and myself as Government House Leader, the

Member for Baie Verte-Springdale. I would like that that motion be put for

consideration immediately, if the House would concur.

MR. SPEAKER: All those in favor, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay', if any.

The motion is carried.

Further Notices of Motion.

The hon. the Opposition House Leader.

MR. PARSONS: Mr. Speaker, pursuant to Standing Order 63, subsection (3),

normally notice of a Private Member's Motion would be given on a Monday but

yesterday, of course, the House was closed due to the St. George's Day

holiday. We had, in fact, sent our Private Member's Motion to the Government

House Leader last Friday but that was preempted with the Premier's statement

today concerning the insurance tax. In view of that, we have a new motion and I

guess technically we require leave in order to enter it, because the House was

closed yesterday. Do we have leave?

MR. SPEAKER: Does the hon. member have leave?

The hon. member, by leave.

MR. PARSONS: Thank you, Mr. Speaker.

It is a Private Member's Motion moved today for debate tomorrow, moved by

the Member for Burgeo & LaPoile and it is seconded by the Member for

Cartwright-L'Anse au Clair.

WHEREAS this Province has seen a huge increase in offshore oil revenue as a

result of increased oil prices; and

WHEREAS many people, especially those on fixed incomes, are suffering the

consequences of increases in fuel prices; and

WHEREAS this Province has the highest tax on gasoline in the country and this

puts undue hardship on consumers and makes it more difficult for businesses in

this Province to compete;

BE IT RESOLVED that this House urges government to reduce the tax on gasoline

in this Province.

MR. SPEAKER: Further notices of motion.

Answers to Questions for which Notice has been Given.

Petitions.

Orders of the Day.

Orders of the Day

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

Motion 1, first reading of Bill 23,

An Act To Amend The Labour Relations Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of Human

Resources, Labour and Employment shall have leave to introduce a bill entitled,

An Act To Amend The Labour Standards Act To Provide For I think I am reading

the wrong one there.

The hon. the Government House Leader, if he would remind me again.

MR. RIDEOUT: Mr. Speaker, what I would like to do is Motions, and Motion

1, which is first reading of Bill 23, that

An Act To Amend The Labour Relations

Act now be read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of Human

Resources, Labour and Employment shall have leave to introduce a bill,

An Act To

Amend The Labour Relations Act, Bill 23, and that the said bill be now read a

first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 23, and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Human Resources, Labour and Employment to

introduce a bill, "An Act To Amend The Labour Relations Act," carried.

(Bill 23)

CLERK: A bill,

An Act To Amend The Labour Relations Act. (Bill 23)

MR. SPEAKER: This bill has now been read a first time.

When shall the said bill be read a second time? Now? Tomorrow?

MR. RIDEOUT: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 23 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Motion 2, first reading of Bill 22,

An Act To Amend The Law

Society Act, 1999.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Justice and Attorney General shall have leave to introduce a bill entitled, An

Act To Amend The Law Society Act, 1999, Bill 22, and that the said bill be now

read a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 22, and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

Carried.

Motion, the hon. the Minister of Justice to introduce a bill, "An Act To

Amend The Law Society Act, 1999," carried. (Bill 22)

CLERK: A bill,

An Act To Amend The Law Society Act, 1999. (Bill 22)

MR. SPEAKER: This bill has now been read a first time.

When shall the said bill be read a second time?

MR. RIDEOUT: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 22 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

Motion 3, first reading of Bill 24,

An Act To Amend The Mental Health Care

And Treatment Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Health and Community Services shall have leave to introduce a bill entitled, An

Act To Amend The Mental Health Care And Treatment Act, Bill 24, and that the

said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 24, and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Health and Community Services to introduce a

bill, "An Act To Amend The Mental Health Care And Treatment Act,"

carried. (Bill 24)

CLERK: A bill,

An Act To Amend The Mental Health Care And Treatment Act.

(Bill 24)

MR. SPEAKER: This bill has now been read a first time.

When shall the said bill be read a second time? Now? Tomorrow?

MR. RIDEOUT: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 24 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

I would like to move now to Orders of the Day and call Order 3, which is

second reading of Bill 1,

An Act To Amend The Labour Standards Act To Provide

For Leave For Reservists.

MR. SPEAKER: It is moved and seconded that Bill 1,

An Act To Amend The

Labour Standards Act To Provide For Leave For Reservists, be now read a second

time.

Motion, second reading of a bill, "An Act To Amend The Labour Standards

Act To Provide For Leave For Reservists." (Bill 1)

MR. SPEAKER: The hon. the Minister of Human Resources, Labour and

Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Thank you very much, Mr. Speaker.

Mr. Speaker, it is my pleasure today to stand in this House and introduce an

important amendment to the Labour Standards Act.

Bill 1, Mr. Speaker, represents this government's interest and its

commitment to protect the men and women who bravely serve our country in the

capacity of a military reservist.

During the last election, Mr. Speaker, our blueprint commitment was clear on

this point, and today we bring forward the policy direction which is now before

us for full consideration by the House of Assembly.

We all recognize, Mr. Speaker, the increased demands being placed on military

reservists and their families. They can be called upon to serve and support the

country's interests overseas as well as here at home. I am sure that my hon.

colleagues here in this House today would agree that anyone offering themselves

in such a valiant and brave manner should not ever have to add to this risk by

placing their domestic job on the line in order to serve their country, and this

the fundamental reason, Mr. Speaker, for Bill 1: to ensure that those who

travel, or have to go to serve our country, do not have to worry about their

employment when they return home.

Mr. Speaker, the Canadian Forces Liaison Council, or the CFLC, is a group of

people who are here with us in the House today, who, working with the support of

the Canadian Military, volunteer their time to promote the Reserve Force. The

CFLC makes an important contribution by encouraging employer support for

reservists and highlighting the profitable partnerships that exist between

employers and reservists, given the transfer of leadership, management and

technical skills that occur between a reservist's military and civilian

occupation. As a former employer myself, Mr. Speaker, of military reservists, I

can attest to their leadership, their professionalism, and their dedication to

not only their career but also their employers.

I would like to acknowledge the input and advice of the Newfoundland and

Labrador Branch of the Canadian Force Liaison Council, who shared their

expertise and insight with government in drafting these important amendments to

the Labour Standards Act. I thank you very much for sharing your knowledge with

us, and I look forward to continuing our dialogue with them as we move forward

with implementation.

I should also note, Mr. Speaker, that we have consulted with employer groups

and labour groups, as well as with the Canadian Forces Liaison Council.

Mr. Speaker, there are many employers, government included, here in our

Province who right now voluntarily recognize leave provisions for employees

working in tandem with the Canadian Forces Liaison Council. There is a statement

of support that has been signed by hundreds of employers, government included,

with the Canadian Forces Liaison Council, and from government's perspective

over the past five years we have had about twenty government employees who have

availed of leave opportunities to serve their country.

Mr. Speaker, I will now turn to specific amendments contained in the bill.

The amendments being proposed include provisions to provide job protection

entitlement for military reservists deployed for international or domestic

operations, or for training required for imminent deployment. This is in

accordance with the Class C Reserve Service description contained in the Queen's

Regulations and Orders for the Canadian Forces of the National Defence Act.

Basically, Mr. Speaker, this means a reservist who is temporarily classified

as a Regular Force member will be entitled to leave. Eligible service will also

included a provision for treatment, recovery or rehabilitation relating to a

physical or mental health problem resulting from deployment or training required

for imminent deployment.

Under the proposed changes an employee is required to give their employer

written notice of their request for unpaid leave sixty days prior to deployment.

Circumstances may exist where this is not possible, and in these cases as much

notice as is reasonably possible should be provided.

The employee is required to inform their employer of the start and end date

of deployment and of any changes subsequently to that point that affects the end

date of the deployment.

In recognition of the needs of employers, provision is made for a right to

refuse the leave request in those circumstances where it can be demonstrated

that the leave will result in undo hardship that jeopardizes the employer's

ability to continue to function.

When leave is disputed on this point, then the Director of Labour Standards

with the Labour Relations Agency will act as a final arbitrator and exercise

adjudication provisions under the act. I should also mention, Mr. Speaker, the

Canadian Forces Liaison Council also helps as an intermediary in situations such

as this.

Consistent with existing leave provisions contained in

section 43.7 of the

Labour Standards Act, the contract of employment at the time the leave began is

protected. It will resume upon the reservist return to work, such as their

wages, their duties, their benefits and their position are not less beneficial

than that which existed prior to the deployment.

Mr. Speaker, in

summary, these are the major elements of this bill. I look

forward to the debate and the successful implementation of these important

changes for the benefit of military reservists under the act.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I appreciate an opportunity to have a few words on Bill 1, the first bill

which the Government House Leader introduced in this new sitting of the House of

Assembly following the election. It is good to see that we are now in a position

to actually debate it. I would think there would not be much debate because,

certainly from the Opposition, at least, we are totally in favour of the bill

and we will be voting for it. I think it makes good sense, not only common

sense, but good sense. It is necessary.

We had an example, I do believe it originated out of Stephenville or the Port

au Port area, when the individual in question who had left his employ to go to

Afghanistan, had a full-time job only to find out - in fact, I believe he had to

quit his job before he went, only to find out he was not eligible to have his

job kept on hold for him until he got back.

I guess we can think of a lot of things that is honourable to do, but to

agree to give up your time to go do your duty as part of the Canadian Armed

Forces is one of the most honourable we can think of, and to suggest that

because you might do so, you could possibly be comprising your future employment

when you do return and the welfare and wellbeing of your family, I think that

just goes beyond, to have such a situation that might exist. I think it is

obvious. It is not a case of it should not be done. It is a case that it just

was not on the books. It is right and proper, I do believe, for the government

to put it on the books.

So, in those circumstances - this does not apply to anybody who just wants

some time off from their job and is going to rush off and say I am going off

with the reserves. This deals with a situation where a person is being deployed

or imminent deployment. They are getting training for imminent deployment to

places where they are required. I would think it is not that individual who has

made the decision that I want to go. It is usually someone who is higher in

command which comes to the reservist and says: We would like to have you help us

out in such and such a deployment, or such and such a situation. I think the

person may say yes, but I would suspect the request to get engaged and to go to

do your duty in the first place is driven by someone other than the person

themselves. So, it is not self motivated. This is doing an honourable thing, and

to have to face a possibility of coming back and not have your job there, to me

it is just horrendous to think that such a thing might exist. We, in this

country, have made great strides so far in terms of people who find themselves

in certain situations where they need to have their jobs protected and kept in

abeyance until they get back.

For example, maternity leave; years ago you could not get such a thing as

maternity leave but, thank God, we were sensible enough as a nation and as a

country to acknowledge that there are circumstances when people have to leave

the workforce to go care for their children. That was acknowledged in many of

our federal laws and our provincial laws. That is along the same ilk as this one

right here, I would suggest. It is the same tenor. It is something that needs to

be done, has to be done from time to time, and when it is required the last

thing an individual who finds him or herself in that situation needs is to be

hamstrung by non-existent laws, I should say, whereby your employment might be

compromised and it has long range impacts.

So, I do not think any more needs to be said. The situation was found to

exist. It was brought to the attention of government and I think government

quite rightly has reacted by bringing in Bill 1, and we will see that that is

corrected on a go-forward basis. We will certainly, Mr. Speaker, be speaking in

favour and support of and voting for this Bill 1.

Thank you.

MR. SPEAKER (Osborne): The hon. the Member for Ferryland.

SOME HON. MEMBERS: Hear, hear!

MR. HUTCHINGS: Thank you, Mr. Speaker.

It is indeed a pleasure to rise and speak to Bill1,

An Act To Amend The

Labour Standards Act To Provide For Leave For Reservists.

Mr. Speaker, as was already alluded to, indeed, in Newfoundland and Labrador

and in Canada, one of the greatest contributions you could make to the country

is to take military duty. This government outlined in October when we went to

the polls - did, in our blueprint, make a commitment to introduce legislation to

look at the Canadian Forces, reservists in the Province, and ensure that they

had protection; that they did not go off as reservists and serve, domestically

or overseas, that, indeed, the one worry they would not have was that when they

returned they would have their employment to go back to. That is very important,

Mr. Speaker.

Mr. Speaker, all of those, both women and men, who serve in uniform have

their jobs and livelihoods in jeopardy when risking their lives for the service

of our country. That is just one more worry they do not need. They need to know

they have security for their families when they return, and this amendment

proposes to do that.

Many provinces across Canada, as well, have adopted comparable protection for

reservists. We, in proposing this legislation, no doubt, are keeping in trend

with a national wide movement that is taking place in this area. It also looks

to strike a balance between employer and employees' rights and

responsibilities while fully, as I say, supporting the national interest.

There is a provision here in regards to employers in the amendment, in

regards to circumstances where leave may not be granted, some certain

circumstances where they can make representation to the director for reasons for

that.

The legislation as well, the amendment, looks at to be flexible to cover the

full period of service. As said by the hon. the Minister of Human Resources,

Labour and Employment when he introduced it, to look at the total period for the

time served, looking at treatment, recovery, rehabilitation, and to address any

potential health issues that result from deployment. That is important, too. It

is not just the initial stage, it is the total stage which is important in this

amendment as well.

As well, when the actual leave ends of the reservist, the employer must

beneficial that existed before the leave began. So, basically, the position they

leave to provide service to the country is the same position that they return

back to.

As well, should employers be of the view that granting this reservist leave

will cause undue hardship to the employer, as I mentioned, they may apply to the

Director of Labour Standards for an exemption. So, there is protection there on

both sides. That is why we say there is a balance between both, between the

employee and the employer, in terms of this amendment.

Mr. Speaker, government recognizes the willingness of employers in the

Province to support their employees in serving their country. Many employers, as

well, already have such programs in place to support reservist employees. No

doubt, it is this government's responsibility to ensure that the same minimum

standards exist in all provincial workplaces.

Mr. Speaker, this Province and this country have made a tremendous

contribution over the years. Newfoundlanders and Labradorians have served

pre-Confederation, post-Confederation, in conflicts around the world, in World

War I, World War II, the Korean Conflict, a long-standing tradition in serving

with the United Nations in peacekeeping as well as conflict. We have seen that

none too real than over the past number of years resulting from 9-11 and the

happenings that are going on around the world, and the role Canadians are

playing in both peacekeeping and in conflicts around the world.

We should never forget that: the tremendous role that these men and women

play, and the contribution that is made by the families, by the loved ones who

are left at home. It is not only those individuals but it is certainly the

families, and the role they play for Newfoundland and Labrador and for Canada as

a whole.

The amendment, Mr. Speaker, as well, supports this government's commitment

to support the strong tradition of military service in this Province, as I have

said, and no doubt it will continue.

I guess, finally, to conclude, I would like to just reiterate what I said in

regard to this being a balance between the employer and the employee in making

sure that our reservists do have the protection and do have the security that,

when they are called for deployment, they have that peace of mind that

investments they have made in, I guess, their non-military lives in terms of

their profession, when they return after the deployment, they can indeed return

to that at the same level they had left, and continue on to support their

families and play the active role that they had played before they left.

Mr. Speaker, this, no doubt, as well, will help facilitate reservists'

return to their work environment and restoration back into civilian life, and no

doubt will help tremendously in terms of the transition from active duty to

civilian life. As I mentioned earlier, it removes that daily worry, when they

are on deployment, of returning to civilian life when it is finished.

Mr. Speaker, with that, I will conclude my commentary and certainly hope that

all members will consider this seriously and certainly support this amendment.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I thank the Leader of the Opposition for allowing me to go ahead of her.

I am very happy to stand and to speak to this amendment to the Labour

Standards Act with regard to leave for reservists. I am particularly pleased

that the amendment is located in the Labour Standards Act. I know that there was

some discussion inside of government where exactly to put this piece of

legislation, but I think it is very right and proper that it is in labour

standards. One, because it recognizes the validity of the work that is done by

the reservists, and that it is work and it is part of our labour and it is

something that does need to be protected under the Labour Standards Act - I

think that is very, very important and, two, because it does deal with the

relationship between a worker and the employer.

I think that dictates that the amendment goes into this piece of legislation

and not elsewhere, or stand on its own, because I do not think it should be

something that would stand on its own. The work that the reservists are doing is

exactly that, as I have said. It is work, it is a very particular work, and it

is a very important work. It is work that not everybody gets the opportunity to

do, and that is work to serve their country. Anything that we can do to show how

important that is, we should do it. I am very pleased about that.

I think it has been pointed out already, but I will say it again, that we

join a few other provinces which have done this. Nova Scotia did it in 2006. In

Nova Scotia, in actual fact, it did not come from government; it came from a

private member's bill, an NDP private member's bill. It was passed, with

amendments to that bill, in November 2006. Other provinces have passed similar

legislation, both in 2007 and 2008, and I guess the importance of passing this

legislation in different provinces right now is because of the fact that we do

have numbers of people now being called into service to represent our country

outside of Canada. So we are in a new moment, a moment that we are not always

in, and I guess that is dictating this urgency to have this legislation put in

place. Knowing that we are going to have more than seventy people from this

Province go to Afghanistan in February 2009 dictates an urgency to us that we

now have a bill in front of us that

will make sure those reservists get some protection with regard to the jobs

that they will be leaving and absolutely hope to go back to. With this

legislation we are assuring that they will have those jobs to go back to.

I know that government did extensive consultation on putting this piece of

legislation together, and I compliment the government on that, and the minister.

I know that both employers and labour representatives have given their agreement

to this piece of legislation, and I am quite happy about that.

There is one thing that I would like to put forward, and it is something that

could become a regulation with regard to the amendment, and that is a concern

with regard to any health care plans that workers may be benefiting from in

their workplace.

Now, I do know that there are some current employers who are very

co-operative with regard to reservists, and there are some current employers,

larger employers in the Province, who do have good health care plans - some of

them are in the public sector - and they do continue the health care plan of the

employee. I am assuming that would mean if the employee has family attached to

the health care plan, the health care plan continues as is, but I do have a

concern that the amendment does not deal with that.

Now, I know that there are some workplaces which are small and it could be a

burden on them to continue the health care plan, but I have a concern with

regard to the families of the reservists who will no longer get health care

benefits that they were used to. I am disappointed it is not in the legislation.

I do know that there was a sample corporate military leave policy that was

recommended by the Canadian Forces Liaison Council, and in that they certainly

supported the notion of the health care plan continuing for reservists and their

families, for the families in particular, because in most cases the reservists

were going to be covered but not the families.

It is hard to know, standing here - I was not involved in discussions with

the minister over this - but one possible scenario is that the government could

say that families of reservists, while they are in service, would come in under

the Provincial Prescription Drug Program. That could be one thing that the

government could consider. Another thing the government could consider is that

with small companies who have health care plans, maybe government could

subsidize the health care plans while the reservists are in service.

It is an issue that I think the government does need to look at. With regard

to the current reservists who will be going away in 2009, government does have

some time to come up with something that they could implement to deal with the

concern with regard to a health care plan for the families.

I do not think that families themselves should be penalized because one of

the major caregivers is in service, and neither should the reservist be

penalized in terms of the stress that is on a reservist in wanting to know that

their family is being taken care of.

I respectfully submit this notion of the health care issue to the minister.

As I said, this is something that could be done through regulation. It is not

necessarily something that would have to be in the amendment. I do not know if

this was discussed. I would like to know from the minister, actually, before we

pass this amendment, whether or not this issue was discussed both with employers

as well as with the labour movement, representatives from labour. I would also

like to know if it was discussed with the CFLC as well, because it is something

that they were concerned about.

Having said that, obviously, I will be supporting this amendment but I am

hoping that my concern will not be something that will just be dropped; it will

be something that we can look at into the future.

Thank you very much for the opportunity to speak to the amendment.

MR. SPEAKER: The hon. the Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Thank you.

Mr. Speaker, it gives me great pleasure to stand for a few moments today and

support Bill 1,

An Act To Amend The Labour Standards Act To Provide For Leave

For Reservists.

I want to take an opportunity, Mr. Speaker, to say, in supporting this piece

of legislation today, as Government House Leader, and on behalf of the Premier

as leader of the government, that when governments bring in a Throne Speech and

start off a new session of Parliament, a new session of the Legislature, we have

to contemplate our legislative agenda and we have to give some order of

importance to how we bring that legislation before the Assembly to be dealt

with.

I want it to be clearly understood, Mr. Speaker, that this government, while

we made it a part of our blueprint during the election back in October that we

would move to fix an anomaly that was occurring in our society in terms of how

reservists were treated once they came back from their duty to their country,

how they were treated in terms of their job opportunities - we made a commitment

about that during the election campaign - but we then, having been re-elected in

October, had to contemplate how we would fit that into our legislative agenda.

I believe, Mr. Speaker, the fact that this is on the Order Paper since the

House session began in March, as Bill 1, reflects how this government feels

about those reservists who voluntarily make it their business to offer their

services to their country. Mr. Speaker, we as a government and the Premier as

the Leader of the government believe that it was of the utmost importance that

those of our citizens who volunteer because remember that is what they do.

They are not drafted, it is not by conscription, it is by them volunteering,

that they volunteer to offer their services to their country in whatever role

that might be. It might be Afghanistan which is obviously an active war zone, it

might be a peacekeeping mission in some other part of the world, but they offer

their services on behalf of all of us to their fellow citizens and to mankind, I

guess, as a whole.

We wanted to recognize that fact as a government, that we understand and that

we have a great appreciation for those people who are so unselfish as to do that

voluntarily for the good of all of us. They do a great tribute

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: They stand, Mr. Speaker, head and shoulders above all of us

when they volunteer to do that of their own accord and of their own volition.

Many of us, Mr. Speaker, in this House have come to have great respect for the

military in Canada. Our military is a military that answers to civilian

authority. It is not a military that makes decisions of its own accord and tells

the government of the day what to do. Our military is the military that answers

to civilian authority and reacts and responds to the direction from the elected

leaders of our country.

Many of us, in our roles as members of this House, have come to understand

and know and appreciate the cadet movement, for example, in our own

constituencies. I remember when I represented Lewisporte, the air cadets, the

Dambusters, a fantastic cadet organization in Lewisporte, and the sea cadets

Grenfell Corp in Baie Verte in my own district at the moment, a great

organization.

I mention it, Mr. Speaker, because many of the reservists come to being

reservists or they go on to the military by being part of the cadet movement.

General Hillier himself, I did not realize it, but when I was in Lewisporte,

when we welcomed General Hillier back to his roots - because remember General

Hillier is from Campbellton, a small community next door to Lewisporte. When we

had a public function to welcome him back to his roots, he began his military

career as part of the Dambusters in Lewisporte, a cadet organization, and he

went on, not only to a distinguished military career, but to be the leader of

all of the military forces in Canada from a little -

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: - one might say, Mr. Speaker, a little rock hole in a rock

hole in the North Atlantic, Campbellton in Notre Dame Bay. The man who went on

to lead the military organization in Canada, not only to lead the military

organization in Canada but to make a tremendous contribution to our partners in

NATO, to NORAD, to all of the other military organizations that Canada is part

of and in which we contribute to the global community.

Mr. Speaker, the government is really proud and pleased that we can introduce

this piece of progressive legislation. I believe, in the final analysis, while

those volunteers go and do their duty and they want to do their duty, they want

to make things better in pretty hot spots all over the world, a society must be

judged by the way we treat those volunteers who do that on our behalf. Sure, we

can allow them to go off to serve their country and they can come back, as did

one of our citizens on the West Coast in Stephenville, I believe it was, and

find that he, in this case - or it could be a she, but he in this case - no

longer has a job. Well, that is not good enough, Mr. Speaker, for those who

volunteer to serve our country in the military service.

This bill will correct that. This will go a long way to making sure that the

people who volunteer through the reservist to make a contribution to Canada and

to Canada's contribution overseas in the military service, wherever it might

be, as I said, whether it would be in peacekeeping or whether it be an active

war zone like in Afghanistan, no matter where it is, we can stand a little

prouder and a little taller in this Province today because we are making it

right. We are making it happen. We are making it in law.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: As we should. We should make it the law of the land that

those people will have a job to return to, that those people will have benefits

to return to when they have gone through the unselfish act of serving their

country.

Mr. Speaker, this bill applies to the private sector, but obviously the

minister has given indication that the Crown is bound by this and not by the

bill itself, because we are bound in another way. So, we treat our employees and

employees who are employed by agencies of the government in a similar fashion.

So, this is a great piece of legislation. It is a piece of legislation that

we promised to bring forward when we went to the people to ask for a renewed

mandate a few months ago. It is a piece of legislation that we were quite

pleased and proud to place at the head of our legislative agenda. We had a lot

of bills. Out of fifty-odd pieces of legislation that this House will consider

in this session, we had a lot of pieces of legislation that are important to a

lot of people and to a lot of organizations in our Province but we, as a

government, firmly believe that no piece of legislation that we will bring in

during this session is any more important and should be any more prominent than

this. That is why, Mr. Speaker, this is Bill 1, and that is why this government

is pleased to introduce it.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I certainly wanted to contribute to debate that is ongoing today with regard

to Bill 1. I did not get to hear all of my colleague's contributions to this

bill because I had to step outside for a media scrum.

Mr. Speaker, the Member for Burgeo & LaPoile has already indicated that

we are definitely in support of this bill. I want to commend the minister who

has introduced it in the House of Assembly because I think he has certainly done

the appropriate thing in responding to the issue that was a very public issue in

the Province and in the media as it centred around reservists and the

opportunity to have leave to be able to contribute to the Canadian Armed Forces.

I think he has done the appropriate thing in introducing it in the House of

Assembly and making it into law so that we are able to join the other provinces

in Canada that have done and produced similar legislation.

Mr. Speaker, we are definitely supportive of the bill simply because we are

supportive of the work that is being done by the Canadian military and by those

people who served our country, both abroad and in Canada. We see that this is

being introduced at a time when there is such tremendous respect for the

military and for the work they are doing around the world, that people are

wanting to be able to give their support, to be able to contribute to that cause

and be on the frontlines, and that is what these reservists have been trained to

do. Now they want an opportunity to be able to give something back. I think it

is only appropriate that proper notice be given to their employers when this is

being done. I understand this bill certainly makes recommendations with regard

to that, and the requirements that would have to be honoured in that process of

leave. I think that is only respectable to the employer that they work for, and

they can work out an arrangement that is acceptable by both.

I also understand there is no firm legislation that does not allow for

exemption, because this does. It allows for the employer to able to look at the

skills and abilities of that employee and what they contribute to their company

and if there is appropriate rationale provided, then, again, that falls within

the order of the legislation as well.

Mr. Speaker, I am proud to support this bill on many fronts. First of all, I

want to say I have a sister who is a part of the Canadian military and have been

serving with them for - I think it is eighteen years now, or seventeen years. I

might be able to be corrected on that. She, too, has served in a number of

countries around the world. She has not served in Afghanistan. I think her last

mission was in Egypt, in which she served for six months. I certainly gather

from her a tremendous understanding of the kind of work that is being done

within the Canadian Armed Forces, and the contributions that they make. I am

very proud of their work on many fronts, simply because I have certain personal

knowledge based on the contributions that are being made by a family member.

Mr. Speaker, I also want to commend the reservists who raised this issue in a

public way, because while they were doing it they may not have thought that it

would have the significant impact that it is having today. What it is doing, in

essence, is paving the way for many people who volunteer as reservists within

our Province and giving them the opportunity that before could only be afforded

with co-operation from employers. Now it is being able to be afforded under

legislation and law that will be governed through the Labour Standards Act.

Mr. Speaker, I also want to take an opportunity - because this is the first

time, I think, we have debated any bill around the military in the Province

since General Rick Hillier has tabled his resignation. I certainly would like to

take the opportunity to commend him for the tremendous service that he has

given. He has certainly been Canada's General, as we all know, but he has been

a solid, committed soldier to this country. I do not think that could ever be

overlooked. The fact that he is a Newfoundlander and Labradorian, obviously,

makes it a sense of tremendous pride for all of us in this Province. I have had

the opportunity to meet General Hillier on a couple of occasions actually, but

in the past year I met him when he was in Newfoundland and Labrador at the

Federation of Municipalities and gave a very inspiring speech to thousands of

people who were in that room that day, people I am sure who had connections of

sons, daughters, nieces, nephews, uncles and aunts who were in the military, and

certainly were there, Mr. Speaker, to hear the inspiring words that he spoke and

the great enthusiasm that he showed for the military in this country and for the

work that they were doing.

I also had an opportunity to meet him when I was in Ottawa. As you know we

did a showcase this year of Canada's North in which we had communities from

all across the Arctic - Labrador was one of them - that talked about building

stronger partnerships and bridges. General Rick Hillier was one of our keynote

speakers at that conference and talked about northern sovereignty and what was

being done in the Arctic in the military and the kind of operations and missions

that they were performing. As well, he talked about the work that is being done

right across the country in northern regions in terms of search and rescue

operations and things like this that are being provided by the military.

Mr. Speaker, there is no doubt he has inspired many young recruits to join

the Canadian Military, inspired them to sign up and to be a part of a great

cause in this country, but I am sure he has also motivated many of those who are

members of the military, motivated them in their work and in their calling, and

certainly has given the Canadian Armed Forces in this country a status and a

profile like we have not seen before. I think because of that he has gained

tremendous respect from Canadians right from coast to coast, and I think that

respect not only comes from within the military operation but from all citizens

in the country.

One of the things that I saw that was very evident is the infusion of more

federal money within the military because of the profile and the stature that he

has given it. We have seen the Canadian government investing more in the men and

women who are in uniform across the country, investing into the capital

infrastructure that is required for them to be able to do their job and to do it

effectively.

Mr. Speaker, I think in Newfoundland and Labrador we have had opportunity to

be very proud of many tremendous Newfoundlanders and Labradorians who have

served not only our Province but our country and this is certainly another one.

If I was to make a recommendation - the highest order I think that we give out

in Newfoundland and Labrador today is the Order of Newfoundland and Labrador and

maybe on recommendation through the House of Assembly General Rick Hillier could

be awarded the Order of Newfoundland and Labrador to show our appreciation and

certainly the amount of respect that we have for him in this Province for the

kind of work that he has done in the Canadian Military.

Mr. Speaker, with those few words I just want to say that I certainly support

the legislation under the Labour Standards Act to provide for the leave of

reservists. I feel that the Act is very thorough, that the minister has, no

doubt, provided for the leniency for leave, the process to be used, the

exemption policies which can be used and the employee protections that were

required.

We certainly have no objection to any of the comments or any of the

legislation that has been prepared here under Bill 1 and we will be voting to

support it today.

MR. SPEAKER: If the Minister of Human Resources, Labour and Employment

speaks now he will close debate.

The Minister of Human Resources, Labour and Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Thank you very much, Mr. Speaker.

It is my pleasure to close debate on Bill 1.

I do want to thank the members opposite for their input and for their support

of this bill. As was, I think, quite rightly pointed out by the Member for

Ferryland, this is one less worry that the members of the reservists will now

have to carry with them as they go to serve our country, be it overseas or be it

in domestic service. As has been pointed out eloquently by other members here

these reservists do provide valuable service. We owe them our thanks, our

support, and whatever we can do to assist them in being able to carry out their

missions without having to worry about their return home, I believe it is right

for us to do that.

I also want to address, as best I can, the concern that was brought forward

by the Member for Signal Hill-Quidi Vidi. It is my understanding that when

reservists are classified, for lack of a better word, as Class C they are

basically a regular member of the forces then or are entitled to the benefits of

a regular member of the forces, and would be eligible for any of the medical or

other benefits that a member of the forces gets, as would their family. The

minute that they leave the employment of an employer and become a member of the

reservists, who has been called forward and entitled to this leave, the benefits

that would be available to a regular member of the Canadian Forces would be

available to the member who is a reservist, due to the Class C designation that

they would receive.

As well, Mr. Speaker, I do want to mention that, as has been noted as well,

there are six provinces that have brought in similar legislation. They are all

different in their own ways but there are six provinces that have brought this

in. I believe it was last Friday, if memory serves me correctly, the federal

government actually brought their bill into effect. It was given Royal Assent

last Friday. We have six provinces and the federal government who have brought

in legislation similar to this.

I can tell you that I believe it was January month I was at some meetings of

labour ministers, and this topic is being discussed right across the country,

and I suspect you will see other provinces and territories bring in similar

legislation in the very near future.

As was mentioned by my hon. colleague, the Government House Leader, the

symbolism of this being Bill 1 should not be lost upon members of the House of

Assembly. It was a deliberate decision by the government to make this Bill 1 in

this session of the House of Assembly, and from our perspective this is one

small act that we believe as a government we can do to show our support and our

appreciation for the responsibilities and the job that reservists have to do.

I would also like to recognize, Mr. Speaker, before I sit down, the input

that was provided to government by the Canadian Forces Liaison Council. It was

no small amount of effort, I can tell you. There were a number of meetings. I

sat in, in particular, on one. The Canadian Forces Liaison Council certainly had

done a fair bit of homework, presented to government a number of points that

needed consideration, that we needed to think about, and the fact that we have a

bill here today that is being supported by all sides of the House is due in no

small part to the effort that was made by the Canadian Forces Liaison Council. I

do want to recognize and thank them for the amount of effort and the amount of

energy that they put into making sure that we had a bill that was properly

before the House.

With that, Mr. Speaker, I will close my remarks and move second reading of

Bill 1.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

Is it the pleasure of the House that Bill 1,

An Act To Amend The Labour

Standards Act To Provide For Leave For Reservists, be now read a second time.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Labour Standards Act To Provide For

Leave For Reservists. (Bill 1)

MR. SPEAKER: This bill has now been read a second time.

When shall this bill be referred to a Committee of the Whole House? Now?

Tomorrow?

MR. RIDEOUT: Now, by leave.

MR. SPEAKER: Now, by leave.

The hon. the Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, with leave, and I understand there is leave

MR. SPEAKER: Leave has been granted.

MR. RIDEOUT: I would move that the House now resolve itself into a

Committee of the Whole to consider Bill 1.

MR. SPEAKER: It is moved and seconded that the House resolve itself into

a Committee of the Whole to consider Bill 1, and that I do now leave the Chair.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

On motion, that the House resolve itself into a Committee of the Whole, Mr.

Speaker left the Chair.

Committee of the Whole

CHAIR (T. Osborne): Order, please!

The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Chairman.

I would like to refer Bill 1 for consideration by the House in Committee of

the Whole.

CHAIR: We are now debating Bill 1,

An Act To Amend The Labour Standards

Act To Provide For Leave For Reservists.

A bill, "An Act To Amend The Labour Standards Act To Provide For Leave

For Reservists." (Bill 1)

CLERK: Clause 1.

CHAIR: Shall clause 1 carry?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, 'nay'.

Carried.

On motion, clause 1 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.

On motion, enacting clause carried.

CLERK:

An Act To Amend The Labour Standards Act To Provide For Leave For

Reservists.

CHAIR: Shall the title carry?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, 'nay'.

Carried.

On motion, title carried.

CHAIR: Shall I report the bill carried 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.

MR. RIDEOUT: Thank you, Mr. Chairman.

I move that the Committee rise, report progress and ask leave to sit again.

CHAIR: The motion is that the Committee rise, report progress and ask

leave to sit again.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, 'nay'.

Carried.

On motion, that the Committee rise, report progress and ask leave to sit

again, Mr. Speaker returned to the Chair.

MR. SPEAKER (Fitzgerald): Order, please!

The hon. the Member for St. John's South, and Deputy Speaker.

MR. T. OSBORNE: Mr. Speaker, the Committee of the Whole have considered

the matters to them referred and have directed me to report Bill 1 carried

without amendment.

MR. 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 1,

An Act To Amend The Labour Standards Act To Provide For Leave For

Reservists, carried without amendment.

When shall the report be received?

MR. RIDEOUT: Now, Mr. Speaker.

MR. SPEAKER: Now.

When shall the said bill be read a third time?

MR. RIDEOUT: Now, by leave.

MR. SPEAKER: Now, by leave.

On motion, report received and adopted, bill ordered read a third time

presently, by leave. Committee ordered to sit again on tomorrow.

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Mr. Speaker, I move that Bill 1,

An Act To Amend The Labour

Standards Act To Provide For Leave For Reservists, now be read a third time.

MR. SPEAKER: It is moved and seconded that Bill 1 be now read a third

time.

Is it the pleasure of the House to adopt the said motion, that Bill 1 be read

a third time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Labour Standards Act To Provide For

Leave For Reservists. (Bill 1)

MR. SPEAKER: This bill is now read a third time and it is ordered that

the bill do pass and its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Labour Standards Act To Provide

For Leave For Reservists," read a third time, ordered passed and its title

be as on the Order Paper. (Bill 1)

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Speaker.

I thank members for their co-operation in moving this bill through all three

stages today.

For the benefit of those people in the gallery, the bill is now finished in

the House and it is passed on to His Honour for Royal Assent, which will happen

some time soon, and it will become law, but the House is now finished with the

bill and it is passed.

I would like now to call Order 4, second reading of Bill 11, An

Act Respecting Embalmers And Funeral Directors .

MR. SPEAKER: It is moved and seconded that Bill 11,

An Act Respecting

Embalmers And Funeral Directors, be now read a second time.

Motion, second reading of a bill, "An Act Respecting Embalmers And

Funeral Directors." (Bill 11)

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, I am glad to get up here in the House this

afternoon in regard to this bill, in regard to the funeral directors and

embalmers act.

It is another piece of work that has been happening - as a matter of fact we

had a couple go through already in this session of the House - in regard to the

regulation and the regulations pertaining to self-regulating occupations.

Again, the funeral directors and embalmers certainly have been consulted in

this process. As the minister responsible, I feel that these and certain

professions within our societies within our Province should be self-regulating.

They should have that autonomy but also, in keeping with that, government has a

responsibility to the people to protect the public in that process.

This piece of legislation certainly encompasses all the principles of the

White Paper and all the regulations pertaining to the White Paper when it was

first tabled.

With the introduction of this Act, the board group will now change from a

Category 3 identity which signifies that they report to the minister to a

self-regulating occupation, that they will be governed by the regulations

pertained in the piece of legislation.

Again, the public interest is protected under the legislation through set

criteria, which will require the funeral directors and embalmers board to file

such things as annual reports, establish a conduct and complaints committee and

appoint lay people, non-professional people, to the board in the public

interest. As a matter of fact, those particular people in regards to the

disciplinary side will be appointed by the minister responsible.

Again, the department has consulted with the industry through the board and

they are very supportive of the Act and they are ready, really, to become

self-regulatory and I guess control their own destiny to a certain degree. This

is pertaining to all the other self-regulating occupations in the Province and

is very similar to governing structures and similar disciplinary processes in

place for those self-regulating occupations. Also, in respect to the other

provinces of Canada, they also have similar legislation governing the

self-regulatory occupations.

Mr. Speaker, I do not think it is a big piece for the House of Assembly in

regards to the piece of legislation. I welcome any comments by my colleagues

across the floor. Again, the industry itself has been consulted in regards to

the piece of legislation. They welcome the piece of legislation and see it as a

positive move by government to make them self-regulatory in regards to their

occupation.

With that, Mr. Speaker, I will sit and I welcome any remarks from my

colleagues across the floor.

MR. SPEAKER: The hon. the Opposition House Leader.

MR. PARSONS: T hank you, Mr. Speaker.

I appreciate the opportunity to have a few words with respect to Bill 11. I

guess this is an ongoing pursuit by government; it is not only this government

but preceding governments and preceding administrations. We have a lot of

different professionals, groups, in this Province that over the years developed

a body of regulations amongst themselves and administrative rules and so on and

they got themselves together, but a lot of times they were not covered by a

particular law or piece of legislation which said what you could or could not

do. That had to change, of course, because a lot of these groups, if you are

dealing with the public, the government has an obligation and a responsibility

to see that the public interest is preserved.

Albeit a group may be self regulating, but the question becomes - it is like

the fox in the hen house. It is fine to say that you can regulate yourself but

you still must regulate yourself in accordance with what is in the best interest

to the public. Who should oversee these different groups that deal with the

public, whether it be consumers, whether it be individuals and so on, to ensure

that there is a proper level administrative procedure and accounting procedures

and responsibilities in place to ensure that the public get treated properly.

Just a few examples of course: In the last five, six or seven years in t

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2008-04-22
Typehansard
Volume / chapter2008-04-22
Languageen
Formathtm
SourcePROVINCIAL
Identifier32c21d3ec04f4a316b02080dda1ef6c21be320d2

Source file is stored in the law ingest library (htm).