Newfoundland and Labrador Hansard — Statements by Ministers; Oral Questions — 15 December 1992 (41st General Assembly, 4th Session, Vol. XLI No. 85)

1992-12-15

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Statements by Ministers; Oral Questions — 15 December 1992 (41st General Assembly, 4th Session, Vol. XLI No. 85)

1992-12-15

Newfoundland and Labrador — Debates (Hansard)

December

15, 1992

HOUSE OF ASSEMBLY PROCEEDINGS Vol.

XLI No. 85

The House met at 2:00 p.m.

MR. SPEAKER (Lush): Order, please!

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Forestry and

Agriculture.

MR. FLIGHT: Thank you, Mr. Speaker.

Mr. Speaker, I am pleased to inform the hon. members of the

House of Assembly, that my department in conjunction with my colleague the hon.

Charles Furey, Minister of Industry, Trade and Technology and the Atlantic

Canada Opportunities Agency, have entered into an agreement with Helitactics

Limited valued at $640,000.00, to purchase fire suppression equipment.

Helitactics Limited is a Newfoundland company, which will manufacture this

equipment at its plant in Bishop's Falls.

This contract, Mr. Speaker, is for the purchase of a "State

of the Art" helicopter deployable fire suppression system. This system is

expected to play a vital role in forest fire suppression situations in

Newfoundland and Labrador. The technology is also suited for fighting fires in

municipal or urban areas, which could indeed, be a substantial future market. In

fact, Mr. Speaker, this technology may well have worldwide application.

This high tech equipment, has been developed by Helitactics

Limited, a Newfoundland owned company. By purchasing this system, both levels of

government are assisting in the establishment of this company in the North

American marketplace. In addition, it will provide an opportunity for employment

for an estimated fifteen Newfoundlanders at the start-up-stage of the project.

Mr. Speaker, Helitactics staff have drawn on the advice and

technical assistance of fire suppression experts in my department over the past

year or more in the development of this product. This initiative has paid off

very well, Mr. Speaker, with the development of a unique new fire fighting

technology and a new business for this Province.

As I previously stated, this initiative has been a joint

effort by my department, the Department of Industry, Trade and Technology and

the Atlantic Canada Opportunities Agency and, Mr. Speaker, I might add was

supported and co-ordinated by the Economic Recovery Commission, with funds being

provided under the Strategic Investment and Industrial Development Co-operation

Agreement.

I am confident, Mr. Speaker, that this agreement between

government and Helitactics Limited of Bishop's Falls, will be beneficial not

only to my department and the forest sector of this Province, but it will also

introduce a new industry and new opportunities to all Newfoundlanders.

Thank you.

MR. SPEAKER: The hon. the Member for Green Bay.

MR. HEWLETT: Thank you, Mr. Speaker. I also thank the

minister for an advance copy of his statement. We on this side can only say that

we are pleased that a new technology has come about for the suppression of

forest fires and that it is being developed and hopefully marketed on a world

scale by a local company. That being the case, Mr. Speaker, there is not much

else I can say. The statement indicates in several places that this is a new

"State of the Art Technology" with export potential, etc., but there is very

little information given as to the exact nature of this fire suppression

equipment or the methodology used by the company concerned. Given the season of

the year we are in, Mr. Speaker, it is probably not appropriate for me to be

overly controversial on this particular matter so all I can say is I am pleased

with the announcement of this system and obviously the details are not to be

opened until Christmas.

Thank you.

MR. SPEAKER: The hon. the Member for St. John's East on a

point of order.

MR. HARRIS: Thank you, Mr. Speaker.

I seek leave to respond to the Ministerial Statement made by

the Minister of Forestry and Agriculture.

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

SOME HON. MEMBERS: No leave.

MR. SPEAKER: No leave.

MR. HARRIS: Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Minister of Employment and

Labour Relations.

MR. GRIMES: Thank you, Mr. Speaker.

It gives me great pleasure to stand in the House of Assembly

today to officially announce the completion of another initiative in the area of

regulations were completely revised and gazetted.

Based on recommendations from industry and the disabled

community, we were able to provide these amendments in a manner which gives

detailed guidance to private, small building contractors and individuals, as

well as professional builders and developers.

During the development of these amendments one of our

objectives was to take into account the need to express the requirements in

simple, easy to understand language. Our commitment to effectively assist those

who will use this legislation was utmost in the minds of departmental officials.

The initiative I refer to, not only includes the writing of this document in

clear language, but presents the information in a new 8 1/2" X 11" looseleaf

format - encompassing the act, regulations, technical requirements and

twenty-nine illustrations. I will table a copy for members perusal and encourage

all members to do so.

Mr. Speaker, the document in its new format is effective in

this document in the form of bulletins, where in the opinion of industry and

government alike, an area is found to require further information and/or

explanation.

Mr. Speaker, many times since I became Minister of the

Department of Employment and Labour Relations, I have referenced our commitment

to educating and making people aware of regulations and responsibilities

awareness in this area, as well as occupational health and safety, is a tool of

preference, keeping in mind that the department, at times, is forced to use

other means.

As an example of this and reinforcing this philosophy, early

in the new year officials of the department will be conducting seminars across

the Province to provide information to municipalities and other interested

groups on the availability of the amended act and regulations and how it can

benefit in the planning and construction of new and renovated facilities. In

addition, the department has purchased a number of these bound documents which I

present here today and will be distributing a certain quantity throughout the

Province of Newfoundland and Labrador to different organizations in an effort to

raise initial awareness of the document.

Mr. Speaker, the release of this document is an important

event for the citizens of Newfoundland and Labrador with physical disabilities.

They should be aware that their right of access to public facilities is well

recognized by government and the amendments we have made in this area will

I ask the hon. members to join with officials of the

department in informing the public of the availability of the document and

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Fogo.

MR. WINSOR: Thank you, Mr. Speaker. Mr. Speaker, it is

interesting to note that the minister announces the release of a document

informing contractors in the Province what kind of buildings they have to

complete to be accessible for the handicapped when this government itself has a

court house in Flowers Cove where we saw, last week on television, an individual

having to get out of a wheelchair and propel himself up over the steps using his

hands because it was not accessible, Mr. Speaker, all this does is announces

that it is a document. Mr. Speaker, it is time for the government to put some

action to it and to make all of its own buildings accessible, do not publish a

document, make the buildings accessible, Mr. Speaker.

We saw last week the minister announce that this Province

only could give $6,000 to the Consumer Association for the Disabled and the

lowest other province was something in the range of $50,000. That is the kind of

commitment we want for the disabled, Mr. Speaker. At the same time we welcome

this, Mr. Speaker, and in fact last year the minister announced something

somewhat similar where I think he was going to go throughout the Province making

certain restaurants wheelchair accessible, Mr. Speaker, and I am pleased to

note. I suggested to him, as a matter of fact, that they should put signs along

the roadside indicating which restaurants are wheelchair accessible. I noticed

this past month that, for the first time, a number of them are clearly visible.

It was a good initiative that we, the Opposition, suggested to him and I am

pleased that the minister took our advice and placed these signs.

That document doesn't do very much, Mr. Speaker, if we, the

government, the largest user of public buildings in this Province, do not make

our buildings accessible. It is no good to have regulations that affect the

general population if the government do not accede to the same regulations that

they have put in place.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's East.

MR. HARRIS: I ask leave to address the statement of the

hon. minister.

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

AN HON. MEMBER: No.

AN HON. MEMBER: By leave.

MR. SPEAKER: The hon. member does not have leave.

MR. HARRIS: Thank you, Mr. Speaker.

MR. SPEAKER: Before proceeding to Oral Questions, on

behalf of hon. members I would like to welcome to the public galleries today,

nine students from John Christian Erharot School in Makkovik, Labrador,

accompanied by their teacher, Debbie Sellars.

SOME HON. MEMBERS: Hear, hear!

Oral Questions

MR. SPEAKER: The hon. the Member for Humber Valley.

MR. WOODFORD: Thank you, Mr. Speaker.

Mr. Speaker, some reports here lately, especially as of

yesterday, suggest yet another example of rural Newfoundlanders being penalized.

It appears that certain insurance companies in the Province have cancelled

insurance or refused to renew insurance on the homes in Port au Choix, Port

Saunders and Hawkes Bay, on the Great Northern Peninsula.

I would ask the Minister responsible for Consumer Affairs - I

take it, the Minister of Justice - is he aware of the situation and is he

looking into it? Does he intend to take any action to help the people of those

communities maintain insurance coverage on their homes?

MR. SPEAKER: The hon. the Minister of Justice.

MR. ROBERTS: Mr. Speaker, the answer is yes, yes, and

yes, within the limits of the powers available to us under the law; but the hon.

gentleman will realize that insurance in this Province is still a matter of free

enterprise and no, there is no way one can make a company sell a policy if it

does not want to do so.

The answer is yes, yes, and yes with that caveat.

MR. WOODFORD: A supplementary, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Humber Valley, on a

supplementary.

MR. WOODFORD: Can the minister inform the House, since he

has taken action on my first question, whether home owners in those particular

communities - those three communities - will be able to renew their mortgages,

or do they risk having existing mortgages cancelled? Has he checked into that?

MR. SPEAKER: The hon. the Minister of Justice.

MR. ROBERTS: Mr. Speaker, a small correction - the hon.

gentleman did not ask me whether I had taken action, he asked me whether I would

take action, and I answered yes to that. I became aware of this, as did the hon.

gentleman, in yesterday's Telegram. That is the source of his information and

that is what I know about it, too.

AN HON. MEMBER: (Inaudible).

MR. ROBERTS: Well, I will say, nothing else has come to

me. If the hon. gentleman has any information beyond what was in yesterday's

Telegram I invite him to let me have it, because it may help to move the matter

forward. But I am telling him what I know. I don't want to mislead him.

He asked about mortgages. Again, mortgage documents, in my

understanding, generally contain covenants that the borrower - mortgagor or

mortgagee, I never could keep it straight - anyway, the one who borrows and has

to pay it back, the home owner.

MS. VERGE: (Inaudible).

MR. ROBERTS: I'm sorry?

MS. VERGE: Poor mortgagor.

MR. ROBERTS: The hon. lady knows more about mortgages

than I do. Obviously, that is the kind of law she was in when she was at the

Bar. It contains those covenants. If the covenants are not honoured then it is a

matter for the lender to address. What I would say to him, Mr. Speaker, is if

the government become aware that there is a problem and become aware that the

law of the Province is inadequate, then we shall be back here asking the House

to change the law. Or if there's something we can do by the exercise of our

administrative powers, we will do that. The problem the hon. gentleman is

raising is a very real one, and we shall address it on that basis.

To be very candid, what I know about this is what I have read

in the newspapers. Two of my colleagues, the gentleman from St. Barbe and the

gentleman from the Strait of Belle Isle, who represent these areas, have told me

they have had several phone calls or messages in the last few days.

AN HON. MEMBER: They didn't return the calls.

MR. ROBERTS: Mr. Speaker, it is awfully hard to answer

when people are being rude as well as unintelligible and unintelligent, but let

me carry on. There has obviously been some -

AN HON. MEMBER: (Inaudible).

MR. ROBERTS: Now we get more rudeness and even less

intelligence.

MR. SPEAKER: Order, please! Order, please!

AN HON. MEMBER: Both of them are being very (inaudible)

in returning their calls.

MR. SPEAKER: Order, please!

I remind hon. members their colleagues have asked a question.

They have thirty minutes in which to get up on supplementaries and shouldn't be

asking questions from their seats, to the extent that it interferes with the

person who is doing the answering.

The hon. the Minister of Justice, continue, please.

MR. ROBERTS: What I will say is that we will look into it

and we will take whatever action is appropriate. I would be delighted to discuss

it with the hon. gentleman. Let me add that we have, in the last few years,

continued the program of providing additional fire fighting equipment in some of

these communities - that may help to address the problem but it may not address

the issue. The problem is one of: How do you make an insurance company sell a

policy in a situation where it does not want to assume the risk?

MR. SPEAKER: The hon. the Member for Humber Valley.

MR. WOODFORD: A supplementary, Mr. Speaker. Has the

minister or anybody in his department asked for a full report from the Fire

Commissioner's Office as to whether or not fire protection is adequate in those

communities?

MR. SPEAKER: The hon. the Minister of Justice.

MR. ROBERTS: Thank you, Mr. Speaker.

The minister has not. I have no idea whether anybody in my

department has. If he or she has, I have not been told about it. I will take the

hon. gentleman's question as being, in part, a suggestion and see what we can do

about it.

MR. SPEAKER: The hon. the member for Humber Valley, a

supplementary.

MR. WOODFORD: A final supplementary, Mr. Speaker.

Has the minister had any discussions with the insurance

companies involved in this particular situation, or the brokers involved? Is he

aware of any other situations in other communities in the Province where this

action might be taken?

MR. SPEAKER: The hon. the Minister of Justice.

MR. ROBERTS: No and no, to the two questions. I am

prepared, as soon as we can get out of the House and I have some time other than

attending to my duties as a member of the House, to do exactly as the hon.

gentleman suggests. There is obviously some kind of problem that requires some

attention by the government. I can assure the hon. gentleman that I shall do

what I can, and I know my colleagues will work with me on this, to do whatever

is right, proper, fair and balanced in the situation.

MR. SPEAKER: The hon. the Opposition House Leader, the

member for Grand Bank.

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

Early in the government's mandate, Mr. Speaker, the former

Government House Leader introduced an important reform in the Legislature when

he set up three Legislation Review Committees to provide an opportunity for

legislation to be examined prior to discussion in the House.

I want to ask the Premier: - things were going pretty well

then - has he been persuaded by the current Government House Leader, the

Minister of Justice, to abandon that reform and try to rush legislation into the

House just before Christmas?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: No, Mr. Speaker, I haven't. But I should

elaborate and explain. All of the sudden there is this great concern about how

nothing can be done without going to committees, and for forty-odd years since

Confederation we never had a committee. It was this government that put these

committees in place. For the seventeen years that they were there they didn't

think committees were worthwhile. They rushed in and legislation was discussed

and debated. Now, in fairness, this is the place where debate takes place, in

the House of Assembly. So that is fair. What we did was put these committees in

place so that, wherever possible, wherever convenience, and wherever necessary,

there could be a discussion. But, Mr. Speaker, the purpose of these committees

is not to frustrate the will of the majority of the Legislature to deal with

issues that need to be dealt with.

They are talking about the Police Commission and that going

to a committee, for example. That has been discussed publicly for some two

years. It doesn't come as a sudden shock or surprise. So, Mr. Speaker, the issue

is before the House and it has been before the public. The proposal has been

put. I understand there were discussions last night.

The House will, no doubt, continue to debate the issue and

will express its will on it in due course. But no, Mr. Speaker, there has been

no change in policy. The same policy applies. The committees are in place and

they will consider such matters as the House specifically asks them to consider

or such matters as they, of their own volition, choose to consider. But they

can't frustrate the processes of the Legislature or the ability of government to

govern.

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

MR. MATTHEWS: Thank you, Mr. Speaker.

That was never anyone's intention, Mr. Speaker, but there

should be more than just appointing, standing in the House, as the former

minister did on June 30, 1989 - I have Hansard here - where he said, in

introducing this reform, that we should never get into the situation where all

of a sudden, because of time constraints or something else, major pieces of

legislation get rushed through the House without adequate discussion both in the

House and in the general public.

Now, I want to ask the Premier: Isn't this exactly what we

are doing here now? Hasn't the government held back major pieces of legislation

until now, just days before Christmas, so that they could hopefully ram it

through the House without the public knowing what is contained in the

legislation? Isn't that what the Premier and the Government House Leader are up

to?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: No, Mr. Speaker, that is not the objective

- I can confirm it for hon. members. That this is coming forward with, perhaps,

less notice than it ought to have had, I can't argue against. I would have liked

to have had it out a month or two months ago, perhaps even six months ago.

Unfortunately, Mr. Speaker, we are not flawless, we do have some defects. I am

prepared to acknowledge that. Occasionally we do not get everything done in as

good a time as we should get it done. I am quite prepared to admit that. But I

don't think, Mr. Speaker, that there is anything in this bill that necessitates

a delay of it.

If there turns out to be anything terribly incorrect we can,

in short order, correct it. But let's give the process a chance to work, and if

there is something ineffective about it or if, in February or March or April,

somebody comes up with the idea that there is something defective about it, we

can always take steps to correct it, Mr. Speaker. It is not a catastrophic

situation. It is not going to be the end of the world.

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

MR. MATTHEWS: Thank you, Mr. Speaker.

The world according to whom, I guess, is the question.

Mr. Speaker, there are three pieces of legislation now that

have been tabled within the past few days, legislation, by the way, that the

Premier promised more than three years ago, the Police Complaints Commission,

The Child Welfare Act, which I believe was tabled yesterday, and The Conflict of

Interest Legislation, three significant, substantial pieces of legislation that

we have only received within the last couple of days. We are going to be

expected now, by the government, to ram this through this Legislature before the

Christmas break.

Now, I want to ask the Premier: Does he believe these bills

merit careful scrutiny by the public and by members of the House or does he

concur with the Member for Carbonear when he said in committee last night that

he didn't care how bad the piece of legislation was, he didn't care how bad the

bill was, that it could be fixed up sometime in the future? Is that the attitude

of the government?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: Mr. Speaker, the records of this House are

replete with hundreds, perhaps even thousands, of examples where a piece of

legislation that was passed was very quickly changed because it was discovered

to have something that doesn't work as well as something else would in it, and

changes were made.

I don't suggest that is going to be necessary. I disagree

with some of the criticisms coming from the other side. I don't think there is

any merit in it at all, and I haven't heard any significant - there are two or

three things that I think the minister has already agreed should be changed, and

those proposals can be taken into account and the changes made in Committee. I

believe there was already some suggestion to do that. But the basic approach is,

I believe, a sound one, bearing in mind the size of this Province compared to

the size of other provinces, the size of the police force to be managed or to be

the subject of complaints or to have their complaints heard, compared with other

police forces, the numbers of police forces. All of those things dictate that we

can't possibly finance the cost of putting the trappings of an elephant on the

back of a mouse, which this Province is economically.

So it is irrational to be talking about these airy-fairy

ideas of a full-time commission consisting of three people to do all this. Where

are you going to get this? Now, look at what has been in place so far. The

Police Chief has handled all of the complaints. I do not see anything terribly

wrong with the initial complaint going to the Police Chief. If somebody has a

complaint that a constable or a sergeant or a lieutenant or somebody else did

something incorrectly or failed to do something that he or she ought to have

done, the logical place to go is to the Chief of Police and say this was not

done and, presumably, the Chief of Police, if he is any good or if he is

competent, will deal with it effectively but the safety valve is, if the Chief

does not, there is protection for the citizens, and that is what is there, that

is the way the bill is intended to operate. Hon. members opposite are talking as

though we have a police force rife with incompetence and inability and doing

everything wrong. I mean, it is ludicrous to suggest that this bill is being

rushed through for that reason, it is utter nonsense, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Fogo.

MR. WINSOR: Thank you, Mr. Speaker, I have a question for

the Minister of Municipal Affairs. Yesterday, in the House, the minister

confirmed that municipalities will be allowed to charge utility companies more

than the 2.5 per cent uniform utility taxes previously announced. However, any

amount over the 2.5 per cent will be charged back to the users in the given

community, a new tax, a consumption tax. The Minister of Finance has announced

that he would be asking Hydro not to increase its rates and the same request

would be made to Newfoundland Light and Power. Isn't this surtax or surcharge

another way of allowing utility companies to increase their rates so as to

maintain their high profits?

MR. SPEAKER: The hon. the Member for Fogo.

MR. WINSOR: Mr. Speaker, I ask the minister, Isn't this

new surcharge that is being imposed by the legislation going to allow utility

companies to increase their rates and maintain their already high profits?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: I have not heard anything much more

irrational than that proposition. It is so irrational that it is difficult to

even describe it as such. I mean, it just doesn't make any sense. There is no

surcharge. There is no surcharge. The simple fact is this, Mr. Speaker: Some

municipalities, not all, have been imposing this tax at exorbitant rates and

effectively taxing residents in other municipalities, because they have been

forcing the utility to itself pay it and collect the money to do so from

residents of other municipalities. Now, Mr. Speaker, that is as unfair as could

be. Some municipalities - Botwood, Bishop's Falls, Grand Falls, Windsor - are

limited to collecting 1 per cent. Marystown was charging 35 per cent and who was

paying it? - the residents of Bishop's Falls, Windsor, Botwood and so on, whose

councils could not charge above 1 per cent. Mr. Speaker, that irrational, unfair

taxation had to be stopped.

Now, Mr. Speaker, all we have done is this: We said, any

municipality that wants to, can charge this tax but the utility only has to pay

it out of its general revenues and so charge all of the rate-payers in the

Province up to a maximum of 2.5 per cent. If any municipality wants, as

Marystown did, to charge 35 per cent, then the citizens of Marystown, the town

that imposed that additional tax, would pay it, not the rest of the Province. I

cannot imagine any greater example of fairness and balance than that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Fogo.

MR. WINSOR: A supplementary, Mr. Speaker. The Supreme

Court has already, in the case, I think, of Burin and CBS, ruled that utility

companies were not allowed to levy the surcharge back to the consumers, in fact

they had to pay it back, Mr. Speaker. Why is this proposed legislation going to

protect the corporate giants, Mr. Speaker, including Newfoundland Tel and

Fortis, while at the same time, imposing hardships on the ordinary

Newfoundlander?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: Mr. Speaker, it doesn't protect the

utilities. What it is doing is protecting the people of Port au Port, against

the ravages of the council in Marystown, that is what it is doing. The utilities

get no protection; they can only recover under our law the cost that they incur.

Members opposite, I am sure, the Member for Humber East, I am sure, the Member

for St. John's East, will confirm that under our public utilities legislation,

utilities can only recover the cost that they incur plus a fair return on the

capital that they have invested and if that is not so then let them amend the

law to make sure that it is so. That is the way the system works. It is the same

throughout Canada and, to the best of my knowledge, it is the same throughout

every jurisdiction in North America. That is the simple, straightforward way to

operate.

Now, what is happening here is, the Supreme Court has ruled

that under existing legislation municipalities could not charge that. They found

it offensive to charge to their other customers. So they tried to do it in this

way. What the court said is: You have no authority to do that. If a municipality

wants to levy 100 per cent they can collect it and you have to take it out of

your rates; it is into your cost, you have to take it out of your rates, so you

have to up your rates to other municipalities in order to pay it to the select

handful of municipalities that are charging these excessively high rates.

Mr. Speaker, this government has a concern for all of its

taxpayers in every nook and cranny of the Province. Our fundamental promise when

we ran for election was to provide for fair and balanced treatment of all of our

citizens and taxpayers, and that is exactly what we are doing.

MR. SPEAKER: A supplementary, the hon. the Member for

Fogo.

MR. WINSOR: Thank you, Mr. Speaker. I thank the spokesman

for Newfoundland Light and Power for that answer.

SOME HON. MEMBERS: Oh, oh!

MR. WINSOR: Mr. Speaker, I ask the Minister of Municipal

and Provincial Affairs: With the continuous lowering of municipal operating

grants, and now, the uniform tax on utilities, is this not a further downloading

of taxation to municipalities which are already taxed to the limit? How does he

plan to help municipalities adjust? For example, in my district, the town of

Musgrave Harbour will lose $54,000 in 1993 as a result of the utility tax

decrease and MOGs. Mr. Speaker, how do you expect municipalities to be able to

cope?

SOME HON. MEMBERS: Oh, oh!

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

Provincial Affairs.

MR. HOGAN: I don't know if the Speaker recognised me or

not.

MR. SPEAKER: Yes, I have recognized the hon. minister.

MR. HOGAN: Thank you. My apologies - I couldn't hear you,

Mr. Speaker, with the noise coming from over there.

I would just say to hon. members that the Premier is much

more generous than I am. I wouldn't dignify their stupid questions with an

explanation or an answer as he did.

SOME HON. MEMBERS: Oh, oh!

MR. HOGAN: No, we are not downloading on the

municipalities, as is suggested by the hon. member. What we are doing is

permitting the municipalities, as they requested, the ability to apply taxation,

but they will have to apply it in their own communities rather than spread it

Province-wide throughout all the consumers.

MR. SPEAKER: The hon. the Member for Torngat Mountains.

MR. WARREN: Thank you, Mr. Speaker.

I have a question for the Premier. On November 9, the

Premier, in a Ministerial Statement said, and I quote: "The people of

Sheshatshiu must pay for electricity, just as does any other resident of

Newfoundland and Labrador. Newfoundland and Labrador Hydro has installed a bulk

metering system to record the amount of electricity consumed by users..."

That was on November 9. I understand, Mr. Premier, that

electricity bills have gone out to all consumers in the Province, in fact, over

two weeks ago. I would like to ask the Premier: Have government, through Hydro,

collected any monies from the residents of Sheshatshiu?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: No, Mr. Speaker, government hasn't

collected any money through Hydro. Hydro has collected money from residents of

Sheshatshiu, yes.

MR. SPEAKER: The hon. the Member for Torngat Mountains.

MR. WARREN: A supplementary, Mr. Speaker. Could the

Premier advise how much money Hydro has collected, and by what means through

this bulk system was it collected?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: Mr. Speaker, as a matter of fact, I was

speaking with Hydro officials just yesterday about the issue. They have advised

me the manner in which they have dealt with the problem at the moment. They have

acceded to our request to handle this matter with sensitivity so as not to risk

injury or threat to life of any person inside or outside the community of

Sheshatshiu. They have done that. They haven't responded to provocation with

force or with jurisdiction or with power. They have been quite sensitive and I

am impressed with the way in which Hydro has handled the matter. In terms of the

billing, they have used the discretion that is open to them to submit estimated

bills in unusual circumstances. Hydro has the power to submit bills on the basis

of estimated amounts based on their judgement as to what would have been used.

They have historical records for all of the meters. Some but not all of the

people in Sheshatshiu have continued to pay their bills; it is difficult to

judge whether anybody whose meters have been removed have or have not paid

because the bills have gone out very recently I believe, so there would be no

way of judging it at this point in time.

MR. SPEAKER: The hon. the Member for Torngat Mountains.

MR. WARREN: Thank you, Mr. Speaker. A final

supplementary.

In the last few minutes the Premier has talked about his

government's fairness and balance. In our Province, we have I think, I stand to

be corrected, but I think there are five different electricity rates, with the

people on coastal Labrador, the people on Fogo and southcoast who are supplied

by diesel generation, paying the most for electricity rates.

The Premier has advocated fairness and balance. Would the

Premier not think now would be an appropriate time to show his fairness and

balance by having a uniform electricity rate in this Province?

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: Mr. Speaker, the total truth, the whole

truth - but what the member put forward is not an accurate statement. The whole

truth is that everybody pays a uniform rate up to a maximum of 700 kilowatts per

month, which is estimated to be sort of the normal or average amount that an

average household would use in a month, so that is uniform. It does not matter

whether it is a diesel area or wherever; if you use 700 or less you pay the same

rate anywhere in this Province, so there is uniformity. Beyond the 700 there is

a differential rate because in the diesel areas where the cost of using it, of

producing the electricity is so much higher, the use for example of electric

heat puts a tremendous demand on higher cost electricity.

Our objective, Mr. Speaker, is to get to the point ultimately

where we can have uniform rates. We think that the bridge was crossed a long

time ago, twenty odd years ago when Corner Brook, which had very low rates, St.

John's which had very low rates had their rates increased, and others were

brought down to have uniform rates in all of the interconnected areas of the

Province, and there were opinions to the contrary at the time and still some of

them exist and that has been changed.

Now, Mr. Speaker, we are committed to the idea of uniform

rates, but fairness and balance require an umbrella. It is an umbrella that

covers everything, and it does not mean necessarily absolute equality; it means

just what it says, fairness and balance.

Is it fair that the people of Labrador connected to the Hydro

system in Labrador, where the cost of generating power is so much less than it

is on the Island part of the Province, where they have so many other higher cost

in terms of transportation and so on, is it fairness and balance that they

should pay absolutely the same rates as in the Island part of the Province?

Perhaps not, Mr. Speaker, perhaps not. Fairness and balance

is an umbrella that encompasses all aspects of it and does not mean absolute

equality, so we have to take a look at the whole situation, Mr. Speaker, and

that is essentially what we are doing.

MR. SPEAKER: The hon. the Member for Mount Pearl.

MR. WINDSOR: Mr. Speaker, a related question to the

Minister of Finance.

In the minister's Budget, the minister showed under

provincial sources other than taxes, under an item just known as Other Revenue,

an $8 million increase and we are told that that is due primarily from

Newfoundland Hydro, that it comes from water rights or water revenues, water

rent that CF(L)Co pays to Newfoundland Hydro. If that now has to be paid by

Hydro to the Province, would the minister like to tell us how Hydro is going to

pay their bonds and does this not mean an increase in rates for Newfoundland

Hydro?

MR. SPEAKER: The hon. the Minister of Finance.

MR. BAKER: No, Mr. Speaker.

On what the hon. gentleman is saying there is no problem in

paying the bonds. I will get a detailed answer for him and get back to him in

the next day or so -

MR. ROBERTS: (Inaudible).

MR. BAKER: Yes. - but there is no problem in terms of

paying the bonds; there is $7.9 million that can now be, at this point in time,

turned over to the Province.

MR. SPEAKER: The hon. the Member for Mount Pearl.

MR. WINDSOR: Thank you, Mr. Speaker.

I do not know how Hydro can all of a sudden come up with $8

million and it not affect their budget somewhere in the overall financial

credibility of the corporation. I will wait for the minister to give me some

more detailed information. I would appreciate it. Would the minister also like

to tell us, Mr. Speaker, how the $1.5 million increase shown this year for the

Newfoundland Liquor Corporation comes about in view of the fact that the

minister tells the corporation each year how much money they are to raise, and

now all of a sudden we are showing $1.5 million more. That could only indicate,

Mr. Speaker, that either the sales were up and the corporation had budgeted

incorrectly and has brought in increases earlier this year in excess of what

they were going to need to raise the amount the minister had asked for, or the

corporation has been directed to increase fees now. Is that the case, and if so,

will that $1.5 additional relate to $4.5 million next year?

MR. SPEAKER: The hon. the Minister of Finance.

MR. ROBERTS: Mr. Speaker, the $1.5 million was really

three separate sources. About $500,000, my understanding is, results from some

efficiencies that were brought into the system in terms of not filling positions

and this kind of thing. Some of it were actually cuts that will in fact carry

over into next year. The projection was this year in terms of sales that the

sales in the Province, and this is the basis on which the projections were done

in the Budget, would be down a couple of per cent. In actual fact the sales are

not down a couple of per cent. They are probably down less than half a per cent

from the previous year and therefore, again, about $500,000 is extra money they

feel they have coming in. So, $500,000 in terms of cuts, $500,000 in terms of

savings, and the other $500,000 my understanding is, is some retained earnings

they had previously.

MR. SPEAKER: The hon. the Member for Mount Pearl.

MR. WINDSOR: Thank you, Mr. Speaker.

Anyway you cut it, if the minister told the corporation to

raise $35.5 million last year for this year and they are now raising $37 million

that is an increase of $1.5 million to consumers. If sales are up then prices

should have been dropped instead of increased after the minister's March Budget,

Mr. Speaker. Let me ask the minister this, Mr. Speaker: There is an item in the

Budget, again under an item, Other Provincial Taxes, of a $10 million increase

and the Minister of Health, the former Minister of Finance whose information is

not very reliable, tells us that comes from school tax arrears. Now in March he

budgeted for the takeover of the School Tax Authorities in which case all the

arrears including this so-called $10 million arrears would have been included.

Is this double entry now into the minister's Budget? Are we counting this twice

or is the minister serious in that he is going to collect that $10 million

arrears, much of which is very, very old and probably uncollectible. Or is the

minister cooking the books here?

MR. SPEAKER: The hon. the Minister of Finance.

MR. BAKER: Mr. Speaker, we were very prudent in our

estimates and we took certain measures in terms of charging a full year tax and

saying if the tax is paid within a certain length of time that the half year

credit will be given and so on. There are certain measures taken to ensure there

would be a good collection rate in terms of the arrears, and we are very prudent

in our estimates. In actual fact there was more collected to that amount in

arrears than we had planned. I am not sure about the exact amount to the tenth

of a million but it was an amount of money that was collected in addition to

what we had expected would be collected.

MR. SPEAKER: Question Period has expired.

MR. TOBIN: A point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West on a point of order.

MR. TOBIN: Mr. Speaker, during Question Period in

response to a question from the Member for Fogo the Premier accused the

Marystown town council of charging 35 per cent to utility companies. I had

reason, at that time, as a result of that, to contact the Marystown office and I

was told by the town manager that their total in terms of property and the

assessed value was 6.3 per cent.

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

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

MR. ROBERTS: All I need to say is that is no more a point

of order than most of the ones the hon. gentleman raises. It is simply a matter

of debate. We will deal with him and with it at the appropriate time when the

municipal utility tax bill comes on for debate.

MS. VERGE: A point of order, Mr. Speaker.

MR. SPEAKER: Just let the Speaker rule on the first point

of order first. There is no point of order. The member has taken the opportunity

to clarify or elucidate upon a certain point.

MR. SPEAKER: The hon. the Member for Humber East.

MS. VERGE: Thank you, Mr. Speaker.

My point of order is that the government still has not

printed or distributed the utility tax Bill that has been the subject of recent

discussions. This illustrates the points made by the Opposition House Leader

during Question Period that the government has -

MR. SPEAKER: Order, please!

The Chair cannot tolerate points of order on whether the

government has gotten out certain Bills - that kind of thing. The House moves

along and it is appropriate for a member to ask a question when we can expect

it, but the Chair cannot allow a debate and can only simply say that there is no

point of order.

Notices of Motion

MR. SPEAKER: The hon. the Opposition House Leader on a

point of order.

MR. SIMMS: This is just a point of order on Notices of

Motion, Mr. Speaker.

Ordinarily on Monday we would get notice of Private Members'

Resolutions. We did not get it yesterday and we do not have it again today. I am

wondering if the Government House Leader would give notice.

I know that there has been a desire to forego Private

Members' Day tomorrow to do government business but from what has happened in

the last few days I am not sure that is going to transpire. So I am wondering -

just in case we do not get leave tomorrow to forego Private Members' Day - if

the Government House Leader would notify us of what resolution we may be

debating.

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

MR. ROBERTS: Mr. Speaker, I thank the hon. gentleman.

My understanding is that all groups within the House, having

been consulted, are of one mind to take tomorrow and make it a government day;

but my hon. friend raises a point. Perhaps, Mr. Speaker, if it were proper you

could ask at some time today - whatever time you might consider appropriate -

whether members are prepared to forego Private Members' Day, which will take

unanimous consent.

Should that not be the case, two things will happen. We will

debate the motion that stands in the name of my friend from Pleasantville,

because that is the one; and secondly we will be back here next week because

there is no way that we can possibly get through the amount of substantial,

progressive, legislation that is before the House short of that.

I am in the hands of the House, as always, if we want to be

here next week. The only promise I made is that we will get at least half a day

Christmas.

MR. SPEAKER: The hon. the Member for St. John's East.

MR. HARRIS: Mr. Speaker, the Government House Leader, in

advising the House there was agreement from all groups, is incorrect. I was

consulted by the Government House Leader and advised him that I would have to

take his request under advisement. I have not yet advised the Government House

Leader what my position is on it.

MR. SPEAKER: There is no point of order.

Answers to Questions

For which Notice has been Given

MR. SPEAKER: The hon. the Minister of Employment and

Labour Relations.

MR. GRIMES: Thank you, Mr. Speaker.

In responding to a question raised yesterday, a matter raised

by the hon. Member for St. Mary's - The Capes, in which both myself and my

colleague, the Minister of Municipal and Provincial Affairs undertook to check

into the matter of fire departments, volunteer fire brigades and workers

compensation.

The question, where fire fighters are protected under the act

while fighting fires or participating in fire drills or fire drill tournaments

and the like, but have been notified that when they are doing other duties such

as fixing up trucks and so on, and enhancing their fire halls, that they have

been told they are not covered; could we check into it and give a clear answer?

In checking into it and having the regulation under the act

checked with the acting chief executive officer at Workers' Compensation, it is

clear that the volunteer fire fighters are covered from the time they leave

their home or place of employment until the time they return, in any duties

responding to a fire call and any related duties with respect to equipment

and/or trucks that have to be repaired as a result of that call are also covered

under that definition; but for other activities such as building the fire halls

themselves on a volunteer capacity, fund-raising or those types of things, they

are clearly not covered, the same as the same types of people are not covered

when they volunteer to help build churches, community halls, service clubs and

so on. When they are engaged in an activity related to the fighting of a fire,

and then the reinstatement and repair of the vehicle and/or equipment as a

result of that, they are covered. At other times they are not covered.

If the member or anyone else would like further

clarification, Mr. Speaker, they can speak with us directly at the office or I

would refer them to the chief executive officer of the Workers' Compensation

Commission.

Orders of the Day

MR. ROBERTS: Mr. Speaker, could we please begin with

Motions 3, 4 and 5, and then I'll ask Your Honour to call order 32, which is

Bill 42, the Waste Material Disposal Act (No. 2).

Motion, the hon. the Ministers of Finance and Municipal and

Provincial Affairs to introduce respectively bills, "An Act To Amend The Tobacco

Tax Act (No. 4)," "An Act To Amend The Gasoline Tax Act (No. 3)", and "An Act

Respecting The Taxation Of Utilities," carried. (Bill Nos. 72, 71 and 73).

On motion, Bill Nos. 72, 71, and 73 read a first time,

ordered read a second time on tomorrow.

MR. ROBERTS: Order 32, Bill 42 please, Sir.

MR. SPEAKER: Order 32, Bill 42. Is this the first time

that it's been called? Is it an adjourned debate?

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

Material Disposal Act (No. 2)". (Bill No. 42).

MR. SPEAKER: The hon. the Premier.

PREMIER WELLS: Mr. Speaker, I'm standing today in the

place and stead of the Minister of Environment and Lands. I should advise the

House, partly I suppose because there were some enquiries from the other side

yesterday, as to where the minister was. She hadn't been available for Question

Period for some time.

AN HON. MEMBER: (Inaudible).

PREMIER WELLS: Yes, she's sick. The minister has had two

very severe illnesses in the last year or so. The first one as everybody knows

was a thyroid condition that causes both physical and emotional consequences

that are quite severe, and the minister still has the affects of that thyroid

problem. On top of that she's been advised in the last couple of days that she

now has diabetes that she has to cope with.

So this is where she's been for the last few days. I'm

disclosing this with her permission today because members were enquiring as to

why she wasn't available to speak in the House. I'm not sure that it would have

been sufficient or it would have been accepted just to simply say she was sick.

The minister has been quite ill for some time. I would ask the understanding of

hon. members on both sides of the House in terms of the minister's discharge of

her public responsibilities both as a minister and as a member of this House.

Mr. Speaker, quite apart from the fact that the minister is

ill and unable to do so herself, I would have been quite happy to move this Bill

anyway, because it is a matter that has caused me a great deal of concern for

some time. One of the commitments that this government had that I frankly admit

I feel we've not dealt with adequately is to bring in legislation to better

protect our environment. I am prepared to stand in the House and say that I

don't believe we've moved as expeditiously as we could have, because there are a

number of significant areas in terms of environmental protection that need to be

addressed.

We are very fortunate in this Province. Relatively speaking

we have a pristine and magnificent physical and biological environment. It's our

objective to do everything within our power to keep it that way. In saying that

I've said publicly, and I should probably say in the House - I said publicly on

other occasions - that the pride with which we stand and proclaim our relatively

pristine physical and biological environment is a little misplaced if we are, at

the same time, conveying the implication that it is pristine because we have

been such good, personal caretakers of that environment. Just the opposite is

true, in many instances. In fact, it is probably relatively pristine not because

of the great care and attention we, as 575,000 residents have given it, but

because it is so immense relative to our population, even the bad and

distasteful habits of a great many of the 575,000 of us could not destroy it in

the time that we have been assaulting it.

So, Mr. Speaker, step number one for all of us is to

recognize that our pristine environment is not due to our good habits and our

good management - to recognize why it is that we have a relatively pristine

environment, and commit ourselves anew to giving the environment the priority it

deserves, starting by recognizing that we are not the owners of the land that I

hold title to in my house. I am not really the owner of it. I am only the owner

of it while I am physically occupying it. It is a means of giving me a right to

possess it and operate it. I am a temporary caretaker for generations yet to

come.

That does not matter whether I live on a relatively crowded

street in the Capital City of St. John's or I live in a nice, attractive area in

Cormack, in the Humber Valley. It does not matter where it is - or on the Burin

Peninsula, or on the Great Northern Peninsula or anywhere else in this Province.

Mr. Speaker, we are only temporary custodians - trustees, stewards - of the

physical environment that we occupy.

So all of us must recognize that and dedicate ourselves anew

to taking steps to control our own ways, our own methods of operation, so as not

to cause any offence to that environment that is at all, by any standard of

judgement, avoidable.

Mr. Speaker, government has a major role to play here, not

only in regulating but in educating.

SOME HON. MEMBERS: Hear, hear!

PREMIER WELLS: One of the things that the former Minister

of Education did - and it was he who sounded out, 'hear, hear!' because he

personally is so committed to that - one of the things that he did was start to

develop a curriculum that will apply from Kindergarten to Grade XII, so that in

every year of primary, elementary and secondary education - in every single year

of it - there will be an element of the curriculum that deals with the

environment and the proper way of handling the environment.

The education process is what will help future generations

deal with the environment, and we are committed to putting that in place. It is

well on the way and I hope, over the next year or two, it will be pretty fully

in place and developed for all school children.

Mr. Speaker, that will sort of take care of those of us who

are presently, say ten years of age and younger; but what about the rest of us

clods who have been fouling the environment for much of our lives without an

adequate sensitivity? Well I believe we have to carry on an education program

thereto, through means of newspaper, through means of public discussion, a

variety of fora in which there can be public discussion and lectures dealing

with the issue, through television and radio, creating a greater awareness of

the sensitivity of the environment.

I just wish we had the money to hire small planes to fly

every resident of this Province over some of our wetlands and look at what we

have done with all terrain vehicles in destroying wetlands that scientists tell

us will take 500 years to repair themselves. Look at what we are doing. It will

not come back in 500 years. I just wish we could show that to our people and

realize what we are doing as we drive helter-skelter, having great fun driving

these all terrain vehicles over the surface and destroying it.

AN HON. MEMBER: You can walk and see it.

PREMIER WELLS: You can walk and see it, as the hon.

Member for Fogo says. It is a shocking, despicable offence to the environment,

and we must take steps to address it without delay. It is going to be a

difficulty, I know, in this Province, because a great number of our people

having used these all terrain vehicles, a great number of them use them for

gathering fire wood and for other useful purposes-

AN HON. MEMBER: We have the highest per capita usage in

North America.

PREMIER WELLS: The highest per capita usage in North

America and we are doing incredible damage to the environment and, a high level

of damage to young people in terms of injury to their bodies and to the point of

death in many cases, so, Mr. Speaker, we have to take steps to address the

question of ATVs, and I am happy to tell the House or take advantage of this

opportunity to tell the House that in the next, we will not get it done now

before Christmas, but in the next sitting after Christmas, we will be

introducing legislation to deal with that as well.

MS. VERGE: (Inaudible), before the elections?

PREMIER WELLS: Oh, I dare say. The hon. member should not

be thinking about an election in the next number of weeks or months. We will not

have been in office four years until the 5th of May and the House first sat I

think, on the 26th or 27th of May and we have five years from that date, and it

will only be four years in late May, so do not get excited about an election

yet. It is too unbalanced at the moment, it is just too unbalanced. I am

concerned about maintaining the democratic process, so I would be very concerned

about going right now, Mr. Speaker.

Now, Mr. Speaker, let's let hon. members deal with this very

serious subject. A little levity is good but if the hon. Member for Humber East

can restrain herself, I would like to deal with a very serious subject without

this kind of banter back and forth across the House.

Mr. Speaker, quite apart from our responsibility to manage

the physical, the biophysical environment in such a manner that we can pass it

on to succeeding generations to come relatively intact, with no damage or abuse

caused by us, quite apart from that responsibility and we have that, I believe

as an absolute responsibility on all mankind and we who are privileged to have

the custody of this Island and the Labrador Peninsula have as great a

responsibility as do any other people anywhere else in the world.

Quite apart from that absolute responsibility, Mr. Speaker,

we have other immediate responsibilities for our own concerns. We should also

protect the environment for the personal enjoyment of all of us who are alive

and living here and using it today. There is nothing that is personally more

offensive than to climb the Blomidon Mountains on the south side of The Bay of

Islands or to climb Gros Morne in the park or to climb the Trout River Table

Lands and see a discarded soft drink bottle or a discarded candy package or

discarded beer container, just thrown into the environment, and you feel good

about being out in this kind of an atmosphere and enjoying its pristineness, its

cleanness and the wholesomeness of it and you feel personally violated when you

see this kind of trash just discarded in the environment. So quite apart from

our responsibility to generations to come, we also have a responsibility to

ourselves and to our fellow citizens to be reasonably disciplined and protect

the environment for the enjoyment of our fellow citizens even if we do not have

enough sense to care about it for our own use and occupation of it. So, Mr.

Speaker, we have a responsibility from that point of view as well.

We also have a responsibility from another point of view, Mr.

Speaker. That same pristine environment, the same opportunity to climb Gros

Morne or to climb the Long Range Mountains on the Great Northern Peninsula or to

hike around the base of Cabot Tower and enjoy the beauty of that scene or to be

in Trinity Bay and sail or hike around and watch the eagles and enjoy the beauty

of nature in that way. Mr. Speaker, there is a tremendous economic value to it

as well as the personal enjoyment we can get and the economic value is, we can

sell that tremendous commodity to tens and hundreds of millions of people in

other parts of the world but we can't do it if we foul it with garbage, if we

foul it with car wrecks, and foul it with a variety of other things. We can't

market it, Mr. Speaker. And it doesn't matter whether it is put there by us or

it is caused by somebody importing it from the United States, or caused by

somebody burning it and causing offence to the environment. If it is to be done,

if we are to use the environment at all, we must use it in an acceptable way,

and if what we are doing is offensive to the environment it should be stopped,

it should be prohibited. Now, Mr. Speaker, that is the policy and approach of

the government, and that is what caused us to seek to address these concerns

that have lain dormant for so long. We have concerns not only with beverage

containers. People automatically think of pop cans and beer cans. That is not

the only thing. Look at all the candy bar wrappers and the gum wrappers. What

are these metalized containers called? Juices come in them.

AN HON. MEMBER: The drink box.

PREMIER WELLS: I know it is a drink box but there is a

name for them - I forget what it is now. They last for generations and

generations. They don't deteriorate - plastics and so on that we are dumping in

the environment. We have to be concerned even about storing the vast quantities

of it that we are doing in places like Robin Hood Bay, that we are doing in

places like Wild Cove out by Corner Brook, and see what we are doing to the

beautiful pristine environment that we have.

Go out and look at Wild Cove in a beautiful

section of the

Bay of Islands. In the inner bay, up between the mountains, there is this

massive dump with smoke billowing up. It is like it was put there in place for

you to get up on the road so you can look down and have a panoramic view of this

dump. We are inviting tourists to come and expect them to enjoy our pristine

environment. We have a lot of mending of our ways to do, Mr. Speaker. None of

the things we can do to the environment is more visually offensive than the

abandonment of automobile wrecks, helter-skelter, thrown over the side of the

road, dropped over an embankment down on a seashore.

Drive in by Kitchuses, or sail in by Kitchuses in Conception

Bay, going into Conception Harbour and look at the car wrecks dumped over the

hill in Kitchuses, hanging on the side of the rocks by the seashore. And we are

going to invite tourists to come and enjoy our pristine environment and expect

them to pay good dollars to do it?

Mr. Speaker, we have to take immediate action to mend our

unacceptable ways of the past and one of the first things we can do is bring in

strict legislation to stop now, and forever after, the abandonment of automobile

wrecks into the environment. That is what this piece of legislation does, Mr.

Speaker.

The legislation proposed will give us the maximum possible

means of identifying the last registered owner, and because we don't know,

necessarily, to whom an individual may have sold it, if the car was not

subsequently licensed - we will not necessarily know it - the last registered

owner is left with the responsibility, for a couple of reasons, one of which is,

it is a reasonable presumption that was the person who abandoned it somewhere.

If it wasn't right where it was found, they abandoned it somewhere, because it

was not re-registered for use by anybody else. Secondly, there is a requirement

that every registered owner of an automobile, who sells an automobile, is

required to report it to the registry. So if a registered owner does not report

it when he sells it and it is subsequently found abandoned in the environment

then, Mr. Speaker, it is a reasonable presumption that responsibility should

rest with that person because that person also had the responsibility to notify

the Registrar of Motor Vehicles that it was sold to somebody else.

AN HON. MEMBER: What about sold for scrap?

PREMIER WELLS: If it is sold for scrap you can do that,

too. Every owner of a registered motor vehicle has an obligation to notify the

Registrar of Motor Vehicles of the disposal of a vehicle. That is the way of

controlling it. Mr. Speaker, there will be a responsibility on all of us who ask

and claim the right to drive an automobile in the environment. It is not a

burdensome responsibility to place on anybody, to notify the Registrar of Motor

Vehicles of how you have disposed of it.

Any owner, Mr. Speaker, who has difficulty or does not know

where to dispose of a vehicle, may contact the Department of Environment and

Lands or the Department of Municipal and Provincial Affairs and all the help

within our power will be given to help in disposing of it. As a matter of fact,

Mr. Speaker, I am happy to tell hon. members that the Minister of Environment is

at this moment carrying on discussions with a company that proposes to set up a

plant for the purpose of, I am just trying to find the phrase they used to

describe it, I think it is shredding, crushing and shredding of automobiles into

scrap metal for sale into the scrap metal market. It is an interesting

observation, Mr. Speaker, that much of the growth in the steel industry - not

growth, but replacement of old, outdated steel fabrication facilities or steel

manufacturing facilities is the secondary processing of scrap metal.

AN HON. MEMBER: (Inaudible).

PREMIER WELLS: Yes, a great deal of the new technology is

focused on that rather than manufacturing from pellets. So, it is causing an

impact on IOC in Wabush, they cannot sell as many pellets because the new mills

AN HON. MEMBER: Mini-mills.

PREMIER WELLS: - mini-mills they are called, right. The

minister has it right, they are called mini-mills and that is what they do, they

process steel out of wrecks and rejects.

So, Mr. Speaker, I am happy to say that the minister is now

working with a company that proposes to recycle this kind of metal and put a

facility in this Province to do just that. So, there will be a means whereby

municipalities throughout the Province can cause car wrecks to be collected

together in one place and ultimately crushed, picked up and brought to this kind

of facility for ultimate disposal. So, there should be no excuse for ever

abandoning again, in the environment, an automobile wreck in this Province. Mr.

Speaker, the penalties proposed are quite substantial and serious. They are

intended to be substantial and serious because the bill is intended to be

effective. It is intended to prevent this from ever happening again.

Mr. Speaker, the bill also enables government to go back as

far as ten years, from the date of proclamation of this bill when a car wreck is

found somewhere in the environment, if somebody was responsible for not removing

it, because there is a burden on anybody who has abandoned a vehicle in the

past, the burden to remove it is now there. But, Mr. Speaker, we are not making

this a retroactive offense. The offence is continuing to leave it in the

environment. We are not making it an offense for having abandoning it two years

ago. If you now take steps, anytime within six months after implementation of

the bill to remove it from the environment, no action will be taken. Six months

- I think that is a reasonable period of time to remove it from the environment.

AN HON. MEMBER: (Inaudible) the summer, for six months.

PREMIER WELLS: But it can be for a period of ten years,

yes.

AN HON. MEMBER: (Inaudible).

PREMIER WELLS: Yes, abandoned ten years ago. So anything

that is there now, must also be removed. Anybody in this Province who knows that

in the recent past he has abandoned an automobile in the environment, has a

responsibility to remove it but, Mr. Speaker, the bill will provide a period of

grace to allow it to be done. It doesn't become an offense immediately. It is

intended, Mr. Speaker, to be successful, to achieve the objective of allowing us

to recover the pristine nature of the magnificent environment that this Province

really has. It will allow us, Mr. Speaker, not only to enjoy it ourselves, and

to market it to others, millions, hopefully, who will pay tens-of-millions of

dollars to enjoy that environment, but also to enable each and every one of us,

as temporary custodians of that environment, to pass it on to the rest of the

world as unimpaired as possible.

Mr. Speaker, it gives me great pleasure, and I must say

except for the fact that the minister had to be out of the House, really, in

order for me to do this personally - I kind of wish she were out of the House

for another reason - but I am not at all disappointed that she is out of the

House when this bill had to be presented, because I am happy to make the kinds

of comments that I did and have the opportunity to speak so strongly in favour

of this bill myself. I ask hon. members to give it appropriate consideration and

approval. Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Harbour Main.

MR. DOYLE: Thank you, Mr. Speaker. I am very pleased to

have a few words to say on this bill, as well. It is a very good piece of

legislation, I have to say to the Premier. I find it very difficult to disagree

with anything that he said on this particular bill. At the same time, let me

also wish the minister a speedy recovery and let's hope she is back in the House

very soon.

The bill is long overdue. It should have been brought in

years ago. Years and years ago this bill should have been here before the House.

I do want to commend the minister and the government for having brought in this

piece of legislation. It is very good. Mr. Speakers, as I said, I find it

difficult to disagree with anything the Premier has said on it. I don't believe

there is any greater scourge on the landscape than a car wreck.

I remember when I was Minister of Municipal Affairs,

representatives of a community came to me one day and asked for funding to clean

up car wrecks in the community. Of course, we didn't have a program within the

department to respond to that particular need, but through the deputy minister

and a few more people within the department, I convinced them to make about

$5,000 available to clean up this community of car wrecks. Lo and behold, I went

back to that community one Sunday afternoon about three months ago, and walking

around the community I did a visual check of the community now, three years

later. I found ninety-six car wrecks in the community again.

So the Premier is quite right. We need an education campaign.

We need to get into the schools and tell the children about what is going on,

what a wonderful environment we have here in Newfoundland, and what a wonderful

Province we have. I think I have waged my own campaign over the last fifteen or

twenty years with respect to car wrecks. I don't believe there is possibly any

member here in the House of Assembly who has had more contact with, or who is

better known by the people in the Department of Environment than I am. I think I

have made several hundred calls to the Department of Environment over the last

fifteen or twenty years, reporting people - I have absolutely no reservation in

saying it - reporting people who throw car wrecks around communities.

You would be surprised how they respond in the Department of

Environment. This legislation will give them the power they need to respond -

before, they didn't have that power. Now they will have the power to respond and

be able to go out into these communities and make councils aware and make people

aware of what it is that is here before the House of Assembly today. I sincerely

hope that the press is listening and that the press will cover what is happening

in the House of Assembly today. Because if the people don't know what is going

on, and if they don't know about this bill and the fines that are going to be

imposed on people who abandon car wrecks, then that makes the job of the

environment people so much harder to do.

I have a couple of concerns about the bill that I want to

make the Premier aware of. One, it covers abandoned vehicles but it doesn't

specifically say anything about a vehicle on private property. Now, some people

are of the opinion that if they abandon a vehicle on their own property: 'That

is my property, I have a right to do that,' they think. They don't realize that

they are ruining their own property and ruining mine, as well. So, I would like

to get the Premier's opinion as to whether or not private property is covered

under this bill. It says it covers the abandonment of a vehicle but it doesn't

specifically spell out anything about private property or if an individual has a

right to abandon a vehicle on his own private property. I would like to know if

that is covered in the bill. I have read the bill. It is a short bill, only two

pages, and I don't see anything that would cover that.

The fine to be imposed, a minimum of $1,000 and a maximum of

$5,000: I am just wondering if the fine applies to - say an individual has

fifteen or twenty vehicles on a piece of property. Would that fine apply to each

individual vehicle, or would it apply, say, to the whole pile of 100 vehicles

that are on the property? Because if the fine of $1,000 is applied to an

individual who has, say, 100 vehicles on his property, then from that point of

view, I guess, the fine could be low. But if it were applied to each individual

vehicle, then the fine could be quite adequate, indeed. So if the Premier or

someone could address that particular point, I think that would be worth

addressing.

Again, I support the bill. I can't really add anything to

what the Premier has said. He has said it quite eloquently and everything that

he has said, I agree with one hundred per cent, especially as it applies to the

ATVs, as well. As a matter of fact, I had one, and when I saw the kind of damage

these vehicles are capable of doing to the environment, I got rid of it,

specifically for that reason. Because we have to be responsible in our use of

them.

It is much better to get into the country and walk. That is

where we really see environmental problems occurring. Because you can go - and I

have walked ten to fifteen miles back in the country and you see Coke cans and

all kinds of litter back there. Mr. Speaker, it is a very sensitive environment

that we have out there and I think we have to learn to look after it.

I know, Mr. Speaker, we have a number - two or three people

on this side of the House - who probably want to say a few words about this

bill. Again, I say, there is very little I can add. It is a good piece of

legislation. If somebody could address those two points I would appreciate it.

MR. SPEAKER: The hon. the Member for St. John's East.

MR. HARRIS: Mr. Speaker, I can only echo the words of the

Premier in his support for the environment. I think it is a matter on which the

Premier speaks both eloquently and passionately, I must say. I know he is

accused from time to time of not having a certain amount of passion, but he

certainly expressed a passion for the wilderness and for the outdoors of this

Province and it is one that I share.

So I have to speak generally in favour of the legislation

because it attacks at least one problem that I think is an overwhelming one. It

has been an effort by a large number of people, by successive governments, to

try to resolve, and it has been unsuccessful to date. So I support the

legislation.

May I suggest that perhaps something in addition to this can

be done? Because when I see this bill - and I think of this from a point of view

of law enforcement and the efforts that will have to be made to enforce this

legislation - I see in my mind's eye a large number of people being paid to go

out and find these car wrecks, to enforce the legislation, to hire lawyers to

prosecute, to perhaps prosecute people who are the least able to respond to a

fine. Yes, there will be a deterrent, but those who do offend and will be fined

this minimum fine of $1,000, perhaps will not have the money and may end up in

our jails, and we will be paying for their keep. I appreciate the purpose of

deterrence in legislation such as this, and all legislation, but I think there

comes a point when, depending on who you are dealing with, the deterrence of a

fine or even the suspension of a licence may not have any effect whatsoever.

What I want to suggest, is what I suggested, Mr. Speaker,

when an announcement was made by way of Ministerial Statement last year by the

Minister of Environment about this legislation and her intention to deal with

the problem of car wrecks. That in addition to the stick that there be provided

a carrot of some sort. This would involve a scheme, Mr. Speaker, where when each

time a new vehicle is purchased that there be added a deposit of perhaps the

cost of an option. People go buy cars and I brought one recently myself back in

May and there is a whole string of options attached to it, costing a couple of

hundred dollars for this and $200 or $300 dollars for that and these options are

very expensive. They can add thousands of dollars to the cost of a car.

I do not think it is unreasonable for the Province of

Newfoundland to say that there will be a deposit of $250.00, $200.00, I do not

know someone else could work out what would be appropriate. That could be sort

of a revolving fund, Mr. Speaker, because I am told there are some 230,000

vehicles in this Province, maybe more, it seems like an astounding number but I

am told it is true. I do not know how long they last on the average but as each

year goes by there will be another additional number of new cars sold and this

fund will be created and from that fund, Mr. Speaker, could be used an

opportunity to reimburse or to pay people who may go out and collect these cars.

So that a person who might be tempted by economic

circumstances or ignorance or whatever, to throw a car over a cliff or to

abandon it or dispose of it in some unlawful and environmentally unsound way,

would have a bit of a carrot available to return this car or provide this car to

some location such as a car shredding factory or some place like that. All cars

obviously are not going to be abandoned or returned at one time because people

will be using them for five, or six, or ten, or hopefully longer years. So that

fund would be revolving, and in fact not only would it provide an incentive to

people who might be otherwise tempted to abandon a vehicle, it could also

provide a very good incentive to individuals who may otherwise be unemployed and

we have plenty of them around this Province unfortunately, to actually go out

and find some of these cars in the woods and bring them out. If there is a

deposit of a couple of hundred dollars available maybe they will be encouraged

to use their ingenuity and find ways of hauling these vehicles out of abandoned

places, out of our wilderness, even perhaps up over the cliffs if they can make

a few hundred dollars per vehicle by returning them.

So, Mr. Speaker, that is something that I would suggest to

the government and to the Premier and the minister involved, as a way of adding

a further opportunity to clean up the environment and to provide a disincentive

to the removal of wrecks, because who are we talking about here, we are not

talking about people who have a car for two or three years, trade it in or sell

it to somebody else in the newspaper, we are talking about the people at the end

of the line. The people who may be dealing in car parts themselves because that

is the only kind of vehicles that they can afford. These individuals could very

well benefit from an incentive developed like this. You could have some little

small business at the end of the line of the car wreck business that helps to

make it economical to be more careful of the environment and also to recycle

some of these products to the kind of vehicle shredding or scrap vehicle

manufacturing or whatever, it may help make that economical at the last legs of

a car business.

So, I support the legislation but I fear that if we only use

the stick, it may end us costing the enforcement dollars, it may end us costing

the dollars at the other end, the prosecution dollars and it may end us costing

the dollars to keep people in jail who cannot afford to pay the fines, Mr.

Speaker, because they may not have the money to do so. So I appreciate the

concern that the Premier has expressed about the environment and I commend the

government on bringing forth legislation that tries to address the problem but I

suggest that there may well be a better way to not only make it more enforceable

but it would also make it more palatable and also I would suggest, Mr. Speaker,

more workable.

I do have a small concern about the definition of abandoned

vehicle. I suppose I can relate a recent experience of an individual who called

me for some assistance. Because this individual had a bus without an engine that

was on his own land being used as a camper of sorts. It was all done up, it was

all clean, painted up, and looked after. Inside had all the amenities that one

might have in a travel trailer. Not a wreck but an actual camper trailer of some

sort. It wasn't mobile because it didn't have an engine.

MR. TOBIN: (Inaudible)?

MR. HARRIS: Probably didn't have licence plates on it,

Mr. Speaker, but it was used the same way as a person might use a trailer. It

was mobile but not self-motorized. Parked on his own land and used only as a

weekend retreat. The Member for Burin - Placentia West is wondering where the

sewer line is. I suppose they use a chemical toilet like people do with campers.

Nonetheless, it might be considered to be an abandoned

vehicle here, while in fact it has a use. It's not clear here whether it would

or whether it wouldn't. I wouldn't want to see that kind of thing get caught in

the abandoned vehicle situation when in fact it's not abandoned at all. It's

being used as a different form of vehicle.

I checked the Highway Traffic Act to see how clear the

requirements were to let the motor registration division know of your transfer

of vehicle, it is important. I can relate an experience of my own. I had a car

that was several years old which I drove out to Edmonton to go to law school. At

the end of law school, and I was ready to come back to Newfoundland, I feared

that my vehicle would not be able to come back with me, because it had reached

the end of the road. I had the fortune to encounter a vacuum cleaner salesman

several days before I left Edmonton to come back to Newfoundland. He couldn't

sell me a vacuum cleaner but I sold him my car for approximately the same price

as a vacuum cleaner would have cost. He gave me the money and I gave him the

bill of sale.

I came back to Newfoundland only to find out - several weeks

later I had a letter from the Alberta motor registration division which had been

forwarded to me from my Edmonton address saying that my vehicle had been found

abandoned by the side of a river in Edmonton. I had to send them off copies of

my bill of sale to assure them that I didn't own this vehicle. So I was lucky.

It very well was on its last legs. It only lasted about three weeks after I sold

the vehicle. It does emphasize the importance of notifying the motor

registration division of your sale so you don't get caught in a situation where

you're being required to come up with the penalties that are provided for here.

It's a severe penalty. I think it has to be treated as a

severe incident. It seems that no end of education is really working here. I

acknowledge the efforts of the Member for Harbour Main in his work on this issue

over the years. I remember Ken Meeker of CBC running a campaign for a number of

years encouraging high schools to undertake projects to remove car wrecks from

the wilderness and the vicinities around their communities. A very successful

project but one, as the Member for Harbour Main's indicated, doesn't solve the

problem on an ongoing basis.

So I do support the legislation. I would ask only that we be

a little bit more forward-looking and provide perhaps a carrot as well. Provide

a system of incentives for people to in fact make some money at the end of the

line of a car's life by also being able to return that car to an appropriate

place and get back a deposit that might be collected from new vehicle owners

along the way.

Those are my comments, Mr. Speaker.

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

MR. MURPHY: A point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. John's South on

a point of order.

MR. MURPHY: Certainly it is not my intent to disagree

with the Chair in any way, shape or form. I just want to refer Your Honour to

our House Leader the other day. In some discussion in debate that was raised by

the Member for Mount Pearl he talked about the tradition of moving from one side

of the House to the other. After the Premier introduced the bill, the hon.

Member for Harbour Main spoke to it and then, of course, the hon. Member for St.

John's East. I know I was on my feet before the hon. Member for St. John's East

sat down.

I just make that comment, Your Honour, not in disagreeing

with the Chair but just to say a few words to address it.

MR. SPEAKER: The Chair can only say that it did not see

the hon. Member for St. John's South. I expect it was because I was not looking

in that direction. Quite obviously if the hon. member was standing then I would

have seen him standing, but I obviously was not looking and I can only recognize

the people that I see standing. A moment ago I saw four or five standing. I

recognized the Member for Port au Port -

MR. HODDER: Mr. Speaker, I would just like to tell the

Member for St. John's South -

MR. SPEAKER: - and I shall attempt to look both ways next

time.

MR. HODDER: I should tell the member that I will be very

short. I wanted to speak now because I have to leave for a short while

afterwards and I did want to say something about this bill.

Mr. Speaker, I have watched people become more

environmentally aware over the years. I remember, as a member of this House,

having to, over the years, in one case to actually invite the CBC out to my own

district to film when people were throwing garbage on one of the nicest beaches

in the whole area. You pay political penalties for that sort of thing, but I

think that more and more we are seeing an environmental awareness.

I should start off, Mr. Speaker, by congratulating the

government on this piece of legislation. I believe that education is important

and I believe that this is a good way to go. I personally support stiff fines

for this.

I do have a warning for the government on this particular

matter. I do not think that the government will be able to get away without

spending some money in this particular case.

I just want to talk from my experience. At this present

moment if you were to visit the community of Fox Island River, which I did with

another person and an environmental officer last summer, we counted, in that

community - and this is not the first time this community has tried to clean

itself up - but many of the rural communities, particularly in my district, it

is ribbon development and you have houses stretched along the road. I think in

that community we counted something like fifty car wrecks. That was last summer.

Now some people, on their own, and they had not had local

government previous to this, after that I held a meeting and we got a local

service district there, which was all that the people would accept at that

particular time. At least that was a first step. Since that time some movement

has been made in that community to do things, but the big problem is the fact

that the only possible place to place the cars, or any other garbage in that

particular community - waste in that community - is near one of the most

beautiful rivers in the Province.

The experience that I have had throughout the Port au Port

Peninsula is that every single effort that we have made to clear up car wrecks

has ended up in car graveyards. That is what I call them - just places which

have normally, usually been eyesores and are still there - where people or

councils have moved the cars, but we have not been able to get the people who

collect car wrecks around the Province to come to the - I think they were out

there once, but I can tell hon. members that this is a problem in rural areas.

Apparently it is just not cost-efficient to do it.

My point is that I believe that the government is going to

have to make some accommodation in those areas. If you are going to fine the

people and you are going to require them to pick up their car wrecks, then there

has to be a place to put them. In many areas there are no suitable places. It's

very difficult to find. With our present types of regional waste disposal places

in some cases basically all you're doing is taking them from one place where

they're an eyesore and putting them somewhere else.

So government must keep in mind that these cars have to go

somewhere. If they're depending on private enterprise to do it, private

enterprise hasn't done that yet. I can speak about that and so can all the

councils. It's not always possible to get the person who's collecting the car

wrecks - even though we're told they'll be there next year. I've dealt with the

Department of Environment about this and they know from what I say. So that

government is certainly not going to be able to just say: fine the people and

force them to do this. As well, they're going to have to make accommodations so

that those car wrecks - if they are not picked up by private enterprise - are

going to be dealt with and dealt with in a satisfactory manner.

I should say as well that I do agree with some of the

comments that were made by the Member for St. John's East when he said that

there should be a carrot as well as a stick. Perhaps there should be something

in this as an incentive for people to do it. Most of all, regardless if there

are incentives, regardless of the heavy fines - which I agree with - there are

times when I've seen beautiful areas in my district, I've felt like hanging the

people rather than fining them and incarcerating them.

Regardless of that there must be somewhere - you've got to

figure out what's going to happen to the end product. I don't think that

government can depend on private enterprise wholly and solely for this. I think

there must be some accommodation made for those wrecks once they're collected or

once people start to turn them in.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. John's South.

MR. MURPHY: Thank you, Mr. Speaker. I wanted to say a few

words also about this particular piece of legislation. Because I think that the

Member for Kilbride would concur that a part of my district - the Shea Heights

area; not only the Shea Heights area but the Member for Kilbride's district,

which goes down through Blackhead and what have you - there is a tremendous

amount of tourists who go out there every year, thousands and thousands. I don't

know why, but for whatever reason Shea Heights was an area that people from all

around St. John's and what have you have dumped cars historically for years.

Now this year through the NIA committee up on Shea Heights we

removed somewhere in the vicinity of 475 car wrecks. Some of them had plates on

them from 1952. Nineteen fifty-two. Just to give you an idea how long these

wrecks had been lying around. It was an horrendous eyesore. Again like I said,

because it's a beautiful area, going out through Blackhead and going up through

Shea Heights and what have you, you get all the panorama of the city and what

have you. It just seems that residents, for whatever reason - not only car

wrecks, we took chesterfield suites, we took you name it. Fridges, stoves,

whatever humans can dispose of was up on Shea Heights. Of course, through the

great hard work and perseverance by this hon. member we've got most of it gone.

Now we continue.

I wanted to say a few words about the hon. Member for St.

John's East's remarks because I don't know how they make any sense at all. We

had the Member for Harbour Main who got to his feet and made sense. Then the

Member for St. John's East gets up and he complains about the amount of the

fine. Then he talks about the education. He says: nothing is working. The only

thing that's working is the Member for St. John's East. So he's contradictory. I

would suggest to him, and I would agree with the Member for Port au Port, that

if we do not have a sufficient deterrent we will never educate the people. When

they get hit and they get hit hard for disposing of old car wrecks, then I would

suggest then and only then will we see that kind of practice end.

The hon. Member for Port au Port should know that there are

some people now in the garbage disposal business of car wrecks and other white

metals who need some support. One of them happens to live in my district and has

a permit now to go to Robin Hood Bay and bring in a piece of equipment at a cost

of somewhere in the vicinity of $600,000 or $700,000. I think the hon. the

Minister of Environment and Lands has just given that individual approval. It

can take a whole car chassis and shred it to the size of about a dime or a

quarter. It is a grinding machine, and not only will it dispose of cars but it

will dispose of stoves, fridges, any metal product unless it is over, I think,

three quarters of an inch, an inch, whatever the case might be. It does not have

that capability, but it will actually shred all of these metals. Anyway, it is a

step in the right direction.

I just want to make some other comments about the all-terrain

vehicles. In the Avalon wilderness area this past Summer for a two week period

there were a group of people who were supported not only by the federal and

provincial government but supported by the Development Corporation. Now, when

you think about the Avalon wilderness area we are talking about an area that is

really protected and they took out 740 bags of garbage. There were 740 bags of

garbage that came out of the Avalon wilderness. Thanks to Mike Nolan this is

where there are now thousands of caribou wandering up there and those caribou

are very, very dependent on the wetlands.

The Member for Burin - Placentia West is very familiar with

that particular area. He spent a lot of time up in that country and he

understands and knows too well that caribou depend on the wetlands for their

Winter food. Now, I think what we need to do here, and I just make a suggestion

to government, is the time has come where these all-terrain vehicles - I saw an

article not long ago, Mr. Speaker, where they are forced to put an inverted

piece of metal on their tires and as they go over the wetlands it leaves a

number, even with the water over it, and any wildlife officer can look, pick off

the number like a license plate number and now we know, because they are

registered we know who owns that all-terrain vehicle and we can take corrective

action.

AN HON. MEMBER: That is not true.

MR. MURPHY: Yes, it is true. Again, we have to be careful

here because there are a lot of Newfoundlanders who use the all-terrain vehicles

to bring firewood and sawlogs, and what have you, out over. In the Wintertime it

is not a problem because they do not hurt the wetlands when they are frozen up,

as do skidoos, but when the thaw comes then it is a serious problem. That is

when a lot of wood is pulled out of the country. It is cut in the Winter and

taken out in the Spring. I say to the Minister of Forestry and Agriculture if we

had designated routes we would only have a small narrow strip down through a

wetland. When I am up in the country a lot I see a lot of young people running

around the bogs and what have you and destroying the wetlands. The Premier said

five years but it is probably more like 5000 years.

AN HON. MEMBER: The Premier said 500 years.

MR. MURPHY: Well, 500 years the Premier said, but I am

saying 5000 because they just will not come back. Especially here in the

wilderness area here on the Avalon we have the largest most southern herd of

caribou in the world. If we are going to bring tourists here these are the kind

of things we have to be telling people. If we are going to change our resource

we are going to have to make sure that the country is clean and there is no

plastic. I was in the country not long ago and found an Old Milwaukee beer can

and that has been there since the beer strike. The member for Grand Bank is

right, you will not find many of those cans down on the Burin Peninsula. There

are not many of those beer cans down on the Burin Peninsula but I am sure there

are other plastic containers down there, Javex and so forth, from the hard

working people on the Burin Peninsula, but they were not much for drinking Old

Milwaukee.

AN HON. MEMBER: (Inaudible)

MR. MURPHY: No, I am not saying that. I said they would

get out and they use them for mooring buoys and what have you, and they get

loose and so forth and so on. The member knows what I am talking about.

Mr. Speaker, I support the Bill but I would suggest that

every member in this House, irregardless of their partisan stripe, should ensure

that we do not only have

an act, Bill 42, to dispose of old car wrecks. Old car

wrecks are fine and maybe we will go back, as the Member for St. John's East

said, to a system that was put in place by the other Liberal government some

years ago where we collected a small fee from everybody, and the Member for St.

John's East Extern remembers. He was a much matured adult even in those days. He

had to pay his $2 and he knew what it was for.

AN HON. MEMBER: (Inaudible).

MR. MURPHY: The hon. member is right. The reason it did

not go anywhere, it went into general revenue. That is what happened to it, but

it should be a fund that is laid aside to make sure that we look after our

environment. We cannot do enough. It is an area that will give the Newfoundland

people an opportunity to grow in, and I think we all understand that.

All hon. members should support this Bill and continue to

support other bills associated with the removal - not the removal - to discuss

bills that would associate themselves to ensure that Newfoundlanders and

foreigners and tourists do not litter this beautiful Province.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Fogo.

MR. WINSOR: Thank you, Mr. Speaker. I want to have a few

words on the Bill.

It is not often I agree with every word the Premier says but

today I have to say that I agreed with just about every word that the Premier

had to say today.

SOME HON. MEMBERS: Hear, hear!

MR. WINSOR: Mr. Speaker, I want to have a few words on

this Bill because the intent of this Bill is quite good.

AN HON. MEMBER: Why don't you cross the floor?

MR. WINSOR: No, Mr. Speaker, I am not getting ready to

cross.

I want to say to the Premier that a Bill of this type is what

is badly needed, but to go with it the Premier talked about shredding machines

and small mills and so on. What we need in this Province, and we started to do

one - we had one in my district last year, called a metallic waste site.

AN HON. MEMBER: (Inaudible).

MR. WINSOR: The Member for St. John's South should

listen.

AN HON. MEMBER: I am sorry.

MR. WINSOR: What we need to do in this Province, to

accompany this piece of legislation, is to have somewhere to dispose of these

things to get them away.

In the community where I live there is an area that is being

designated as a site for placing car wrecks, and it has become a complete

eyesore because of the location of the place. Until we designate acceptable

sites that are not going to be out in the public view, so your shredders can

come in, or whatever they are called - in fact, in driving back and forth the

last month, I do not know if it is just they are highly efficient, but there has

been a tractor trailer left on the Roaches Line intersection - that clearing

there - for at least the past three weeks -

AN HON. MEMBER: It is not the same one?

MR. WINSOR: It is not the same one. It is a different one

every week, is it? Every Sunday there seems to be another load of car wrecks in

exactly the same spot day after day after day. Whether it is the same one, I was

starting to wonder if it was being used as a waste disposal site.

We have to have a number of sites in this Province that are

designated as metallic waste sites, and these have to be looked after. We cannot

just take car wrecks and throw them off by the side of the road somewhere and

say: Okay, this is a waste site and we are going to let this stay here for six

months or ten months or a year until the crushers come in and load them on a

tractor trailer and take them away, because what we are doing is taking the

eyesore from a community and making a bigger one somewhere else. So until we get

some acceptable sites in this Province, a Bill like this, while fine in intent,

will not accomplish the purpose.

Mr. Speaker, another area - and this legislation does not

address it - the Member for St. John's East referred to it, is the idea that

many Newfoundlanders have had, for a number of years, of taking - school buses

seem to be a particular favourite target - and turning them into campers. They

drive them up into the woods of the Province on the forestry access roads, set

them up on blocks, and use them as a camper for a number of people. (Inaudible)

when this legislation is proclaimed, will these vehicles that are turned into

campers now be declared a car wreck? What happens to them? There are a number of

them there and this legislation doesn't clearly indicate whether or not these

vehicles that are abandoned, if they would be classed as car wrecks.

The other thing the Premier mentioned, and I'm curious about

how he's going to enforce it, is that sites that were previously acceptable.

Because in a number of communities there were sites where you were allowed to

take car wrecks. They used them in the community for a number of years, and all

of a sudden it's not acceptable to do so any more. Are these people liable now

for the wreck that they put there five years ago when it was acceptable and is

not now acceptable? Who's going to clean up the mess that is already there? It

needs to be addressed. We have a number of concerns out there, communities which

have sites that they want to clean up but don't have the money to do so.

With these few remarks I say that it's a good piece of

legislation but we've got to clean up the sites that are presently there. Until

we do that this legislation is no good, Mr. Speaker. It will not serve any

purpose if we don't clean up the sites that we already have out there in the

Province, because we won't (Inaudible) clean up the environment unless we clean

up the sites that we've had for ten, twelve, fifteen or twenty years.

MR. SPEAKER: The hon. the Member for St. John's East

Extern.

MR. PARSONS: Thank you, Mr. Speaker. I certainly agree

with this legislation wholeheartedly. I want to point out to the Premier there's

a couple of areas that I'd like for him to perhaps address.

Number one, I'm not like my colleague for Harbour Main. I do

have an all-terrain vehicle. I've seen what destruction they can cause. I want

to say to the Premier, there's quite a number of Newfoundlanders, including my

sons who use those all-terrain vehicles for hauling wood and logs and whatever,

and they utilize it even in cutting Christmas trees. I see it as a disgrace

what's happening to the bog lands. But when the Premier thinks about it, there

are old woods roads out there that were used by our forefathers. There's no

problem on those at all. The restrictions have to be placed on the wetlands.

There's no doubt about it, we'd better do it and do it soon.

The other thing I wanted to say to the Premier is that as far

as the wrecks are concerned, yes, I had nightmares because of when I was mayor

down in that small town we did everything. I went door to door at one time and

asked people if they'd allow us on their property to remove them.

I ask the Premier, how would you resolve this? We had one man

who even put an ad in the paper saying that he'd take wrecks. There were

hundreds on his property and he wouldn't allow us to go near them. We went to

the courts and had a court order and had the police come with us, open the gate,

put in a piece of machinery and two dump trucks, and we hauled all them out of

there. We put them in a dump site that we said some time or other we'd have a

shredder. There was no shredder available. Anyway, we put them up in this old

pit. The next week he was up before court. He had no money. They couldn't do

anything with him. He was on welfare. Ten days after that that place was strewn

with old cars again. What do you do with that type of person?

Like I say, when the Pope was coming down there I wanted to

see that town as clean as possible. I actually went to doors. I couldn't

understand for the life of me a person with a $65,000, $70,000 or $100,000 home,

and around that home would be three or four old car wrecks. The rationale behind

it is just inconceivable.

AN HON. MEMBER: Did the Pope see it?

MR. PARSONS: We did clean it up, but it was costly to the

little community. Small town. Mr. Speaker, yes, I for one look - I think it's

unbelievable. When you see old wrecks - not alone old wrecks, garbage thrown all

over the place, with such a beautiful place to live. It's so disrespectful.

I remember one time I was in with a young fellow, himself and

his father and I were back in the country trouting. I'm telling you I've fished

in a good many areas in this Province. I always remember that boy, that young

man. He was about fifteen. We cooked up a tin of beans or whatever around the

stove, three or four tins, and before we left he went to the fireplace and he

picked up everything that was there and he put it in a bag and he brought it out

of the country and that young man taught me - it sticks in my memory. You know

there are people out there environmentally conscious and the only thing with it,

all of us are not and that is where the problem lies.

Now, Mr. Speaker, I heard the Premier say today and I

listened with intent when he even mentioned about the old garbage disposal areas

that we have now and he mentioned Robin Hood Bay and I would like for the

Premier to address it. For many, many years septic waste was thrown in Robin

Hood Bay, now I did not see at the time, I was influenced too with the

propaganda but I do not see today what that septic waste really did to Robin

Hood Bay. But, Mr. Speaker, what we did, we eliminated Robin Hood Bay. Now the

people were having their septic tanks cleaned out, and there are a lot of them

on the northeast Avalon, at a cost of about $125.00. This is what it would cost

to have your tank pumped out. Mr. Speaker, what happens now is the people are

forced, because Robin Hood Bay will not accept it, we have no other area, they

are forced now to bring it to this plant. The escalation is 400 per cent, from

$125.00 to nearly $500.00. There are people out there who do not have the

$500.00. They have not got it. It is an expense that they just cannot afford.

Mr. Speaker, I want to say to the Premier that I had a call

and I went and visited an area where a man - he had no resources to pay the

$500.00 and he told me the only thing that he was going to do was he was going

to dig a hole and bucket it out of his tank, which he did, he dug the hole. I am

saying to the Premier, that this time of year, there are still those problems

existing. What they are doing now, to add injury to the environment, is dumping

it indiscreetly on the sides of the roads or whatever. Now, there is no way you

can dig a hole after November in the Province, I do not know what the solution

is. I suggested very strongly not being on the political vein either that some

kind of subsidization should be used for poor people who cannot afford it. But

what I am saying to you, Mr. Speaker and to the Premier, is there has to be a

solution for this type of waste. It is going to be thrown all over the

countryside and we talk about wrecks, we talk about old beer bottles, but I do

not think that there is anything worse. I say to the Premier I hope that he will

address it. Perhaps there is a means, perhaps there is some kind of

subsidization that we could use only to the people that cannot afford to have

their tanks cleaned out. With that, Mr. Speaker, I say it is a real good Bill

and I hope that the Premier can perhaps implement a couple of the suggestions

and I thank you very much.

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

MR. EFFORD: Mr. Speaker, I am only going to take a very

brief moment to address something that has not been addressed by either one of

the speakers this afternoon. Every point most of the speakers made, except for

the Member for St. John's East, have been very valid points. Mr. Speaker, you

can have all the legislation that you have, and it can be all the absolute

correct legislation if there is nobody to enforce it, and this is what we have

to address, the legislation is ideal, it is correct in every form and every

person in the Province of Newfoundland and Labrador knows full well how many car

wrecks are being left on properties, adjacent, clear to the visible eye along

highways but the question is who enforces it?

The RCMP driving along the highway will see a car wreck, will

they go in and charge the person, will the town councils in the area charge the

person, will the local service district? So what is the point of legislation

unless there is somebody to enforce it, somebody wearing the badge as the hon.

minister just said, that is correct and if it is left up to just maybe

environmental officers, does environment have enough staff to go out and

legislate? And if you drive out in my district, driving down through Roaches

Line is a prime example of what is happening.

There are three major areas on Roaches Line. One person has

scrapped cars right on the side of the road and it is a mess clear and visible

to the eye and it really looks disgraceful. About a quarter-of-a-mile up the

road, there is a guy who just does not care about anything and he has car wrecks

strewn all over the place. That has been there for quite awhile.

AN HON. MEMBER: Who cleans it up?

MR. EFFORD: Who cleans it up, or who tells the guy he has

to clean it up? Mr. Speaker, that is something that is not addressed in this

piece of legislation, and that is something that must be done. I just bring it

to the attention of the House that it has to be dealt with and this legislation

needs to be deal with immediately. It is not listed here so I mention it, Mr.

Speaker, for the record just to make that a clear point.

Thank you.

MR. SPEAKER: The hon. the Member for Kilbride.

MR. R. AYLWARD: Thank you very much, Mr. Speaker.

I will not be very long. It seems people are anxious to get

out of here and get on with the legislation, but they should be anxious to do

their job in this House of Assembly, to debate legislation, particularly

legislation that affects our environment. I consider this to be probably the

most important legislation we can be doing in this House of Assembly.

Mr. Speaker, I was only going to take a couple of minutes but

first of all, I want to congratulate the Member for Port de Grave, because that

is the basic issue of this legislation. If you cannot enforce it, you can bring

in all the rules and regulations you have now; we have lots of rules and

regulations on the book, both in our Environmental Act and Highway Traffic act,

that, dissuade or do not allow people to abandon car wrecks in this Province.

The legislation is there today, the problem is enforcement.

We are not enforcing it. This legislation here, does nothing for enforcement,

nothing for extra people on staff with the Department of Environment and Lands.

I will try not to be negative, I will make a suggestion, that all of the

inspectors or the superintendents or all of the highway workers should be given

the proper training and then be allowed to enforce some of these regulations. We

have people going around this Province daily who are involved with the

Department of Works, Services and Transportation or even the wildlife officers,

or even the Department of Finance people, anyone who is an inspector or enforcer

of some regulations in this Province.

We have the bodies but we have to give them the training and

we have to give them the authority to go and do something about it, even if it

is just the authority, if one of those inspectors, whoever it is, working for

any department of government, see someone throw a wreck anywhere, they can at

least take out a ticket, the same as a policeman would if I had parked in the

wrong place, it could be a $50,000 ticket, but a ticket and write out a

summary

conviction or a ticket right there on the spot.

Now we have people in the system who can do it but they have

not authority to do it. I can drive by some of the inspectors for the Department

of Highways tomorrow with a wreck on the back of my car and he will look at me

and turn his head the other way, and I can go wherever I like with that wreck

and discard it. But the thing that really astonishes me, the people who throw

these wrecks in the hardest possible places in the world to bring them, where it

would be easier to bring them to a dump. They have to get them in a car, they

have to get them on the back of a truck somehow, and once you get this thing on

the back of a truck or on something that is movable if it is a car wreck, why

bring it up five miles up an old woods road and throw it off the truck, why not

take it two miles to the dump? I do not understand what the problem is.

At one time the problem was that dumps would not accept it,

so that might be another change we have to make, where all community dumps or

whatever you call them now, waste disposal areas I think, but all the community

dumps have to accept them; that is another regulation. When you have that at the

back of your truck, the old car wreck that comes out of your yard, and you have

it on the back of your truck, it is easier to go to a waste disposal area with

it if they will accept it than it is to go up some woods road and try to push it

off the back of your truck into the woods.

So, Mr. Speaker, there is a problem in that area where people

who wish to dispose of them properly do not know what to do with them or do not

know where to bring them. There is a problem in not having enough enforcement

officers who see people illegally disposing of car wrecks, not being able to

enforce it themselves and I think that we should allow some of our people who

work in the departments now, any inspectors, any enforcement officers we have

working for all our departments now, to be allowed to go and issue some type of

a summons or ticket or warrant for their arrest. I do not know how you would do

it but that is what has to be done.

The fact that we have a good piece of legislation on the

books in this Legislature is nothing. It can be the best legislation in the

world but it will not be worth the paper it is written on unless we decide to

enforce it. Mr. Speaker, if we do not enforce it then it is just as well to

forget it. Car wrecks are a big problem and a nuisance. The Member for Port de

Grave mentioned two sites out in his area, well one site in my area and one in

the area of the Member for St. John's South, look untidy when you pass by. They

seem to be in the middle of the view because they grew there when they started,

but at least it is all in the one place. I will say that for it, the two salvage

operations that are in this northeast Avalon area, or my area at least, one in

Kilbride and one in Shea Heights, at least they get the cars in one area and

every now and then they are taken away, these crush operations come in to do it.

The operator on Shea Heights has been trying desperately to

get some assistance from one or the other of the assisting agencies to set up a

shredding company but he cannot get anywhere with it. I do not know what his

problem is. I have not had a chance to talk to him. I would imagine the Member

for St. John's South has been talking to him. He wants to set up a shredding

operation. That is what we need. We need one in this area and we need several

around. He cannot get off the ground with it. The City of St. John's gave him

some trouble with it for awhile but that is all straightened away now. He has

the experience, but again like many businesses in Newfoundland he does not have

the working capital to get this business in operation. That should be a part of

our legislation, to be able to help people set up the proper disposal facilities

which would be crushers to be stationed around the Province, or it would be a

shredding company. You need one shredding operation in the Province and you need

probably a dozen crushing operations in the Province. You can crush them and

bring them to that shredder and they will dispose of them.

Mr. Speaker, I congratulate the former Minister of Education

on his job in the classroom on the environment. It is very important. It is also

very important that we continue to educate everyone about environmental issues,

particularly car wrecks. They are hollow words, Mr. Speaker. When you hear what

the Premier said today they ring awful hollow in my ears when I see a company

which wants to bring garbage from the United States into this Province and we do

not have a policy, our government in this Province does not have a policy to

dissuade immediately any acceptance of garbage from outside the Province. This

legislation might be good and what the Premier said about it might be the best

thing in the world but it rings hollow in my ears when we have, not one, but two

different companies looking to dump garbage in our Province. There should be a

policy that we will not accept the garbage, period. What odds about what

regulations are in the books or who you allow to make proposals. Make a policy.

Any government can have a policy that we will not accept garbage from outside

areas. Our environmental regulations can still stand on the books. If our policy

is we will not take garbage from outside our Province, car wrecks or anything

else, that is our policy and we will not have people coming here trying to take

advantage of our desperate need for employment, our desperate need for work for

people in this Province, so that they can dump their garbage in our Province.

Mr. Speaker, as good as this piece of legislation is I am

surprised that the Premier introduced it because he is the one who has total

control as to whether or not garbage comes into this Province from the Eastern

Seaboard States. This legislation, as good as it might be, is useless unless we

can enforce it.

Thank you.

MR. SPEAKER: The hon. the Member for St. John's North.

DR. WARREN: Thank you, Mr. Speaker.

I will be very, very brief. I want to ensure the House that I

enthusiastically support this Bill. I very enthusiastically support what the

Premier said about the preservation and enhancement of our environment,

particularly what he said about environmental education. I assure members

opposite that most of us on this side of the House believe this is just the

first of many initiatives in this area, some before the election and many thers

after the next election, that we will bring in.

Mr. Speaker, I just want to use a quotation here, and I would

commend this to members of the House and perhaps recommend that all citizens of

this Province consider a quotation that I read some years ago. I hope I have it

right, and I am going to conclude my speech with this. Mr. Speaker, the

quotation reads as follows: We don't inherit the land from our ancestors, we

borrow it from our children. Mr. Speaker, that says a great deal about the

importance of this Bill and others of similar nature. Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the member for Eagle River.

MR. DUMARESQUE: Thank you, Mr. Speaker.

I want to spend a few minutes talking about this piece of

legislation, because I believe it is flawed. I do believe there are things that

need to be done with this piece of legislation on three fronts: On the fact, Mr.

Speaker, that the disposal sites are not identified, and we need to clear up the

ambiguity that is there right now. I know in our small communities along the

coast of Labrador, we have had some sites that have been turned down to receive

some particular types of garbage. Certainly, car wrecks have, in the past, been

refused entry to some of the disposal sites by Environment, Mr. Speaker. I think

that that issue has to be dealt with, and it has to be dealt with to the

satisfaction of the small municipalities out there.

Apart from the specifications

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation1992-12-15
Typehansard
Volume / chapter1992-12-15
Languageen
Formathtm
SourcePROVINCIAL
Identifier32c873fd96e4a327e169117c994bd85421dc93bc

Source file is stored in the law ingest library (htm).