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