PDF Version

May 14,

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVII No. 27

The House met at 2:00 p.m.

MR.

SPEAKER (Wiseman):

Order, please!

Admit strangers.

MR.

MCGRATH:

point of order, Mr. Speaker.

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works, on a point of order.

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, yesterday during Question Period as I was

having the questions asked to me, there were three questions asked

consecutively. In the first two

questions the Leader of the Opposition used the term he said: Was that your

Department of Transportation and Works or was it Department of Justice?

In the second question he said Department of Justice.

In the third question he said Minister of Justice.

I replied yes to that. I

misunderstood the question at the time.

I thought he meant Department of Justice again.

I would like to apologize for that.

MR.

SPEAKER:

There is no point of order.

Statements by Members

MR.

SPEAKER:

Today we will have members' statements from the Member for the District of

Exploits; the Member for the District of Kilbride; the Member for the District

of Harbour Main; the Member for the District of Baie Verte Springdale; the

Member for the District of The Straits White Bay North; and the Member for the

District of Bay of Islands.

The hon. the Member for the District of Exploits.

SOME HON. MEMBERS:

Hear, hear!

MR.

FORSEY:

Mr.

Speaker, I rise today to recognize an awarding-winning school principal in my

district, James David Hibbs, son of June and Wesley Hibbs, of South Brook who

has an outstanding education career.

Jim entered Memorial University in 1979 at the young

age of fifteen. By the time he was

twenty, Jim had earned a geophysics degree and an education degree from Memorial

University. He has spent thirty

years both as a science teacher and a school administrator in St. John's,

Robert's Arm, and now at Botwood Collegiate.

In 1992, Jim received the Northern Telecom National

Award for the innovative use of information technology.

In 2010, he received the Barnes Award from the NLTA, an award that

recognizes outstanding service in the field of professional development.

Mr. Hibbs was recognized again in April of 2014 for his remarkable

ability and commitment when he received a distinguished School Administrator of

the Year Award.

Jim is known at Botwood Collegiate as a tireless

principal, who genuinely believes that putting students first should be the

central focus of every decision his school makes.

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

in thanking Mr. Jim Hibbs for his exceptional contributions to the students of

our Province.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for the District of Kilbride.

MR.

DINN:

Mr.

Speaker, Emily Hayes, a seventeen-year-old, Level III student at St. Kevin's

High School in the Goulds has been selected as one of the provincial delegates

who will be leaving Newfoundland and Labrador on June 27 for a nine-day

pilgrimage to Europe.

The pilgrimage is sponsored by the Royal Canadian

Legion and is scheduled to follow the trail of the Royal Newfoundland Regiment

during the First World War.

Emily and the other students representing the Province

will tour Beaumont Hamel, Vimy Ridge, and the trenches.

They will visit the battlefields where Tommy Ricketts carried out his

great act of bravery. They will tour

the various cemeteries that hold the remains of those precious Newfoundlanders

who sacrificed their lives for us in the Great War.

During their nine days in England, France and Belgium

the students will take

part in several ceremonies, especially one at Beaumont

Hamel. During their free time, they

will sightsee.

Emily Hayes is a fine young lady who has her future

mapped out. Next year, she will

attend Grenfell College to study fine arts.

Emily is an amateur photographer and a credit to her

family, her school, and her community.

I ask all hon. members to join me in congratulating

Emily on her selection.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for the District of Harbour Main.

MR.

HEDDERSON:

Thank you, Mr. Speaker.

I rise today in this hon. House to speak of a

remarkable gentleman and pediatric pioneer, Dr. Richard F. Kennedy from Harbour

Main who passed away on April 11, 2014 at the age of eighty-eight.

Dr. Richard Kennedy graduated from McGill University

medical school in 1951 and continued training to be a general surgeon,

urologist, and pediatric surgeon. In

1959, Dr. Kennedy, with the help of the Sisters of Mercy, started pediatric

surgical services at St. Clare's Hospital.

Later on, Dr. Kennedy was a big part of the Janeway Child Health Centre

when it opened in August of 1966 and was appointed the Chief of Surgery of that

particular centre. He was a clinical

professor at Memorial University's medical school and was an astute clinician

who always had the best interest of his patients before, during, and after

surgery.

Dr. Kennedy made tremendous contributions in pediatric

surgery, both as a skilled surgeon, a compassionate physician, a skilled

administrator, and an outstanding teacher.

Their family business, P.J. Kennedy Limited in Harbour

Main was the hub of that community for some 100 years and only closed its doors

in 2013.

Dr. Kennedy was predeceased by his wife, Maureen (nee

Sullivan).

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

paying tribute to this true pioneer in the medical field, the late Dr. Richard

Kennedy.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Baie Verte Springdale.

MR.

POLLARD:

Thank you, Mr. Speaker.

Minor hockey players all across the Province were very

active over the Easter break. I rise

in this hon. House today to convey my congratulations to the Baie Verte Sabres

Silver Medalists.

The Sabres captured silver in the all Newfoundland and

Labrador Atom G Provincial Tournament which was hosted by Baie Verte on April

24-26. The Tommy Ricketts Arena was

alive with excitement as dedicated parents, officials, and proud business

sponsors relentlessly cheered on the budding stars.

The five-team tournament saw the Baie Verte Sabres

squad drop a narrow five to four decision to the Northeast Eagles of Avalon in

the championship game. The team

played hard and ended the tournament with a tremendous show of sports mindedness

and respect.

Members of the silver medal team are: Ty Austin, Landon

Austin, Brady Austin, Marty Bowers, Noah Robinson, Jenna Decker, Darcy Brake,

Cameron Barker, Kaelen Davis, Noah Walsh, Dawson Pinksen, Kolby Norman, Desmond

Burton, and Ryan McGrath. Coaches

Robert Robinson and Craig Davis, along with trainer Chris Walsh, are to be

commended for their dedication to the development of the team.

I invite all hon. members to join me in applauding the

Sabres upon their silver medal finish.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for The Straits White Bay North.

MR.

MITCHELMORE:

Mr.

Speaker, I rise today to recognize athleticism and accomplishments of hockey

organizations that brought ice hockey talent from all corners of this Province

and acknowledge the top-shelf performance from my district.

Both Straits Rifters and St. Anthony Polars used their

skill to bring home a vast collection of medals.

Straits Rifters upset Northeast Avalon on their home

ice, bringing home the Midget C championship, as St. Anthony Polars skated away

with bronze. The Rifters took home

Bantam E championship in Placentia, defeating St. John's, while Peewee D Rifters

took silver on home ice. In St.

Anthony, the Peewee H Polars captured bronze at the Polar Centre, as the females

took bronze in the under-twenty C division.

The Straits Rifters females were awarded a golden Hat-Trick, bringing

home championship banners in under-twelve, under-fifteen, and under-twenty

divisions. St. Anthony Atoms A

division also defeated the St. John's Caps for a gold medal finale.

The commitment from coaches, trainers, and our players

clearly illustrate a passion for community and a love of the game.

I ask all hon. members to join me in celebrating the

victories of the Minor Hockey Associations on the Great Northern Peninsula, both

on and off ice.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Bay of Islands.

MR.

JOYCE:

Mr.

Speaker, I rise in this hon. House today to recognize Mr. Hedley John Saunders

of Curling.

Last Friday evening, I had the pleasure of attending

Mr. Saunders' ninetieth birthday celebrations at the Lohnes seniors' complex

where he now resides.

Mr. Saunders, a retired engineer with CN Railway for

over forty-two years, was actively involved with his church for many years

including the Men's Service Club and the choir.

His contribution to his community and desire to give back continues.

To mark his birthday milestone, Mr. Saunders request to

those attending the celebrations was that he did not want any presents, just

best wishes, but a donation to the Bay of Islands Search and Rescue would be

appreciated.

Mr. Speaker, over $2,000 was given in Mr. Saunders'

honour.

When he celebrated his eighty-fifth birthday, his

request was for donations to be made to the local food bank, and over $1,200,

plus groceries, was donated.

Mr. Saunders is still active, in good health, enjoys a

good game of crib, and as a past time, enjoys building garden benches which he

built nine last year.

Mr. Speaker, I ask all members to join me in extending

best wishes to Mr. Saunders for his unselfish acts to his community and wish him

continued good health.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

Before we proceed, I want to acknowledge a couple of special groups in our

galleries today. We are joined today

by a group from the Salmon Cove-Perry's Cove recreation leisure 50 Plus Club.

Welcome to our Assembly.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

are also pleased today to have a delegation from the Philippine Association of

Newfoundland and Labrador.

Welcome to our galleries.

SOME HON. MEMBERS:

Hear, hear!

Statements by Ministers

MR.

SPEAKER:

The

hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS:

Hear, hear!

MR.

S. COLLINS:

Thank you, Mr. Speaker.

I rise today actually, that is how I usually start

off my member's statements, but I will try something different today.

Mr. Speaker, Newfoundland and Labrador's role in the

First World War is a story of courage, perseverance, and pride.

In an effort to recognize the contributions of the many men and women who

played a role in this effort, our government launched its

Honour 100 program in November of last

year. The initiative provides an

opportunity to commemorate this defining time in our Province's history, and

presents a unique opportunity to reconnect Newfoundland and Labradorians with

their past and help remember the sacrifices made by honouring all those involved

in the war effort.

I was pleased to officially launch our

Honour 100 Web site at Admiralty House

Communications Museum in Mount Pearl earlier today, along with the Minister of

Municipal Affairs and the Minister Responsible for Public Engagement.

The Web site includes links to photos, events, and historical information

pertaining to Newfoundland and Labrador's role in the First World War.

Through the digitization of war-time records in conjunction with The

Rooms, the site also provides an opportunity to search military service files

for the Royal Newfoundland Regiment, Newfoundland Forestry Corps, and the Royal

Naval Reserve.

I was also delighted to launch the

Honour 100 Grant Program for arts and

heritage projects proposed between 2015 and 2017 to commemorate the Great War in

diverse and meaningful ways. This

program, Mr. Speaker, will support community-based projects as well as those

that are Province-wide in scope, in an effort to create a legacy of remembrance

that reaches beyond the commemoration period, and highlight how the war affected

the history and the people of this Province.

Mr. Speaker, I encourage everyone to visit

www.honour100.ca

to view our dynamic Web site and also obtain more information and an application

for the Honour 100 Grant Program.

Our goal, Mr. Speaker, is that our

Honour 100 initiative will help ensure

the legacy of these brave men and women from our Province, to whom we owe so

very much, is acknowledged and remembered as significant to the character and

identity of Newfoundland and Labrador.

Over the coming months, our government will be launching various

initiatives under Honour 100

throughout 2014-2018. It is our hope

that the various commemoration events will put the bravery and sacrifices of the

First World War at the forefront of our thinking, and help us understand the

debt we owe so we can bestow the honour and respect they so rightly deserve.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for the District of Bay of Islands.

MR.

JOYCE:

Thank you, Mr. Speaker.

I thank the minister for an advance copy.

I know at the launch of the Honour 100 program, the Member for Mount

Pearl South was also in attendance and invited to it, and he enjoyed it very

much also.

Mr. Speaker, if we all just take our time and look at

ourselves in the House of Assembly, it is because of these brave men and women

that we can do this here in the House of Assembly, be able to get up and debate

freely and represent people freely.

Sometimes this debate in the House of Assembly gets a bit heated.

Just imagine if you are in trenches in the dark and bullets are flying

over your head. Just imagine the

bombs going around you. That is what

these men and women had to go through, Mr. Speaker, so we can practice democracy

here in the House of Assembly.

It is a great tribute.

I say to the minister, anything you can do to keep the memory alive is

great; we support it on the Opposition side.

Anything that you can do to enhance it, we support it 100 per cent, Mr.

Speaker. This is a great program to

get the youth involved.

Mr. Speaker, just for a minute, if I have the time

and I think I said it last year also we had a medal in the First World War,

and it was in our family about sixty years.

When we were going to find out where we were going to place it, we found

out that it was the wrong person.

So, we went through the archives in Ottawa and we found the person.

He was in Victoria he passed away, but his family was in Victoria,

California. I had the honour of

bringing down the medal to Victoria, California last summer to the family of the

First World War veteran. It was a

very special day for all of us, just to hear the stories of the family about

their father and what they had to go through.

So anything that the minister and the government can do

to recognize the brave men and women, we commend it and we support it 100 per

cent.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for St. John's Centre.

ROGERS:

Thank you, Mr. Speaker.

I, too, thank the minister for an advance copy of his

statement. It is important to

commemorate this pivotal time in our history, but mainly to honour those who

served. I am glad to see this grant

program, which will encourage communities to appreciate and preserve their

history. It is important that

activities during Honour 100 recognize the grim reality of war, while also

expressing gratitude for the sacrifices of many men and women and families, the

hardships and casualties that they endured for freedom for all.

Peace, Mr. Speaker, is not just the absence of war.

Peace includes a fair and just society where all can live in safety and

security, where everyone has a safe place to live, food to eat, can live in

dignity and respect, and has an opportunity to fully and equally participate in

our society. That is the peace that

we strive for.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Minister Responsible for the Workplace Health, Safety and Compensation

Commission.

SOME HON. MEMBERS:

Hear, hear!

MR.

CRUMMELL:

Thank you, Mr. Speaker.

Mr. Speaker, I am pleased to rise today to announce

that the Workplace Health, Safety and Compensation Commission's popular youth

game show, SAFE Work NL's Who Wants to

Save a Life? , has concluded its sixth season.

The show is TV-style quiz competition for junior and senior high school

students from across the Province.

The game show not only educates youth on workplace

health and safety, but also presents students an opportunity to win scholarships

and prizes, as well as funding for their schools.

Mr. Speaker, during this final round, students from

Pearce Junior High in Burin captured the junior high title and $5,000 for their

school. In addition, all five team

members received an iPad Air. White

Hills Academy of St. Anthony won the senior high game, with team members each

receiving a $1,000 scholarship and $5,000 for their school.

Also, completing in the final round were Canon Richards Memorial Academy

of Flower's Cove and New World Island Academy of Summerford.

Congratulations to the winners and the runners-up for reaching this final

round of such a fun and educational competition and as well to the competing

elementary schools who participated in the exhibition rounds.

Mr. Speaker, SAFE

Work NL's Who Wants to Save a Life? was initiated by the Workplace Health,

Safety and Compensation Commission in 2008, in partnership with the Department

of Education. It is great initiative

aimed at increasing youth awareness about preventing injuries and illnesses and

avoiding potential hazards while at work.

According to the commission, over the past five years,

the number of young workers injured on the job has decreased by 30 per cent.

This is a positive trend which speaks to the emerging culture of enhanced

safety in Newfoundland and Labrador.

To date, over 25, 000 students from more than 100 schools Province-wide have

participated in the game show.

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

congratulating all competitors this season.

For more information on the game show, visit SAFE Work NL's Web site at

www.safeworknl.com .

This year's season will air Province-wide on Rogers Television this fall.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Mount Pearl South.

MR.

LANE:

Thank you, Mr. Speaker.

First of all, I would like to thank the minister for an

advance of his statement. Mr.

Speaker, this is certainly a good initiative.

I know from my past life, before getting into politics, as a safety

practitioner myself, that one of the most at-risk groups in the workplace is

young workers. I think teaching the

kids the importance of safety at a young age is a positive initiative to

enshrine that culture of safety and hopefully prevent accidents when they enter

the workforce.

Mr. Speaker, I would also like to congratulate all

participants and winners from the various schools involved.

I know my colleague from The Straits White Bay North actually did a

member's statement about students in his district who participated and did so

well.

Mr. Speaker, as I said, this is a great initiative.

I appreciate the Ministerial Statement here today.

I look forward to more Ministerial Statements from the Minister of

Service NL when it comes to the Workplace Health, Safety and Compensation

Commission when it comes to health and safety.

I would like to hear more statements about things such as what his

department is doing about the high levels of silica dust at IOC, and to talk

about the little to no action that has been taken with recommendations from the

Workers Comp review.

MR.

SPEAKER:

Order, please!

MR.

LANE:

Maybe he can talk about the backlog in appeals (inaudible).

MR.

SPEAKER:

Order, please!

The member's time has expired.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Third Party.

MICHAEL:

Thank you very much, Mr. Speaker.

I too thank the minister for his statement.

Congratulations to the students from Pearce Junior High in Burin, White

Hills Academy in St. Anthony, Canon Richards Memorial Academy of Flower's Cove,

and New World Island Academy of Summerford.

It is wonderful to see these teams in competition.

I am sure there were many others who were involved.

It is progress to know that the number of young workers

injured on the job has decreased by 30 per cent.

However, the statistics from Workplace Health, Safety and Compensation

Commission also say that every day in Newfoundland and Labrador two young

workers are injured on the job. That

is still too many.

Prevention is the key, as most injuries happen to new

workers in their first three months on the job.

Being trained on the job during those first three months is extremely

important. Most injuries take place

in the service industry where young workers start out as store clerks, table

servers, or cooks. While these

contests are extremely important and I think they need to continue, we also need

more emphasis on workplace education, both in the public and in the workplace

itself.

Thank you very much, Mr. Speaker.

MR.

SPEAKER:

The

hon. the Minister of Justice.

SOME HON. MEMBERS:

Hear, hear!

MR.

FRENCH:

Mr.

Speaker, I rise today in this hon. House to recognize National Police Week in

Canada which runs from May 11-17.

Police Week provides us with an opportunity to acknowledge the tireless efforts

made by the members of the Royal Newfoundland Constabulary and the Royal

Canadian Mounted Police toward making our communities as safe as possible.

Being a police officer is often difficult work,

requiring strength of character and immense dedication.

However, having spoken to officers from both police services since

becoming the Minister of Justice, I can also confirm that it is very rewarding

work as well.

Police Week is not simply about recognizing the

services that our law enforcement officials provide; it is also about

celebrating the relationship between police and community.

Every day, officers work to establish ties in the community and the

relationships that develop with residents of all ages are important for

improving safety and quality of life.

Over the past few days, both the RNC and the RCMP have

been engaged in a number of activities across the Province to promote National

Police Week. On Monday, I attended a

cake cutting ceremony to launch the celebrations at St. Francis of Assisi School

in Outer Cove and I thank the students and staff for being so welcoming.

Other activities this week include a distracted driving display at the

Avalon Mall, a crime prevention lunch, and the citizen's recognition awards.

I encourage everyone to come out and participate in these events.

Mr. Speaker, this morning I had the honour of attending

the International Peace Officers' Memorial Service at the Seventh Day Adventist

Church in St. John's. At the

ceremony, we commemorated those police and peace officers who have died in the

line of duty in this Province, reflected on the unfortunate loss of life and

celebrated the work they have carried out.

Their ultimate sacrifice will never be forgotten.

The provincial government is committed to supporting

our police services. Since 2004, we

have invested approximately $1 billion in policing in Newfoundland and Labrador

and Budget 2014 includes approximately $5 million in additional funding.

Through this investment, the RNC will grow by twenty new recruits by

2016-2017 and the RCMP will hire five new officers this year for Labrador.

Budget 2014 also includes additional funding to support the Combined

Forces Special Enforcement Unit, Newfoundland and Labrador, a unit which combats

organized crime, child exploitation, and illegal drugs.

On behalf of the residents of Newfoundland and

Labrador, I congratulate all our law enforcement officials on a successful

Police Week and I extend the most sincere thank you to them for the work they do

in making Newfoundland and Labrador the best place in which to live, work, and

raise a family.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for the District of St. Barbe.

MR.

J. BENNETT:

Thank you, Mr. Speaker.

I thank the minister for the advance copy of his

statement.

This morning's event was indeed a moving event at the

Seventh Day Adventist Church with so many police officers and peace officers

from all branches in attendance. Mr.

Speaker, clearly, we ought not to lose sight of the sacrifices made by these

officers.

Mr. Speaker, the minister needs to do more than lip

service. I understand it is Police

Week, I understand he should cut ribbons and cut cakes and have photo-ops and

whatever, but the police need more backup from the Minister of Justice.

The Minister of Justice is the boss of the Director of Public

Prosecutions and I will call upon him immediately to tighten up on bail, tighten

up on free weekends in and out of the jail, and implement one of the

recommendations of former Chief Justice Antonio Lamer who said: assign senior

prosecutors on complex investigations with police officers so we get accurate

information for convictions.

So while I congratulate the minister on his new role

and he said he had only been on the job for a few days; he said that today to a

Pastor at the church I would encourage him to speak with the Director of

Public Prosecutions and try to reduce street crime through toughening up on

bail, reducing weekends, and implementing the recommendations of the Lamer

Inquiry.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for St. John's Centre.

ROGERS:

Thank you, Mr. Speaker.

I, too, thank the minister for an advance copy of his

statement. On behalf of the people

of Newfoundland and Labrador, I thank the women and men of the RNC and the RCMP

who have dedicated their lives to helping us all live in peace, safety and

security. I honour those who have

lost their lives in service; they sacrificed much.

Today we also celebrate the great gains each of the

services have made in training in mental health intervention and domestic

violence, and the excellent work they do by working in collaboration with the

greater community.

A shining example of that is the crucial role the

police played in the development of the Family Violence Intervention Court.

Every member knew the value of the court as a successful tool to deal

with the complex issues of family violence and they know first-hand the damage

it has caused by cutting this court.

Thank you very much, Mr. Speaker.

MR.

SPEAKER:

Oral Questions.

Oral Questions

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

Before I begin Question Period today, I would like to

recognize the Member for Humber West.

We are glad to see you back, Sir.

We have been thinking about you and your family the last few days.

SOME HON. MEMBERS:

Hear, hear!

MR.

BALL:

Mr.

Speaker, in government's letter confirming the cancellation of the contract with

Humber Valley Paving, the issue of warranty is raised.

I ask the Premier: In general, how does warranty work

on a government contracting job?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, in the Department of Transportation and

Works any contract that goes out has a warranty attached to it.

Normally, it is a two-year warranty on the roadwork.

With this particular contract, when the contact was

terminated, the warranty work does carry on for the two-year period.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

Well, in normal practice what contractors are telling

us is that warranty is usually provided by the bond and it is usually kept in

place for the twenty-four months after the work is complete; however, with this

contract, as we know, Humber Valley Paving was released from that bond.

I ask the minister: With the bonds released, what

warranty does government have on the contract that has been recently finalized

and terminated to Humber Valley Paving?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, with this particular contract, there was a

performance bond there which if the work was not completed, that is what the

bond would have covered. In the

stipulations that we have negotiated with HVP in this particular case, the

warranty work would be covered by the company outside of the bond.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

Well, bonds are also and the minister used those

words like an insurance and, of course, in this case they are held outside the

company to protect Newfoundlanders and Labradorians.

They are most often called upon if a company goes bankrupt.

I ask the minister: If Humber Valley Paving indeed went

bankrupt, what warranty do we have in this case to protect Newfoundlanders and

Labradorians?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, I am going to go back to where I went last

week. In the negotiations to

terminate this contract, the mutual agreement to terminate the contract, the

bonds are part of the contract, so we agreed mutually to terminate the contract.

The purpose of terminating the contract was to get the work completed.

We have an arrangement, an agreement, with Humber

Valley Paving that they will honour their warranty upon the work that they

completed the 60 per cent. If I

did not terminate the contract, it would have meant at least one more season

before we would have been able to get the work on the Trans-Labrador Highway,

the sixty kilometres, completed.

It was in the best interest of the people of

Newfoundland and Labrador to terminate that contract.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Mr.

Speaker, what I am talking about here is the bond in place to protect the

warranty that you said is held and Humber Valley Paving has agreed to do.

Why did you cancel the bond if you are indeed concerned about the

warranty?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, we are not concerned about the warranty.

We have an arrangement, an agreement, in writing with the Humber Valley

Paving. In the letter of termination

of a contract, we have an agreement that the warranty will be covered.

We are not concerned about the warranty.

What we were concerned about my major concern and the

concern of the department was to get the job finished on time and on budget.

In order to do that, we reached a mutual agreement to terminate the

contract so that we could enter into a new contract, re-tender the work, and get

the work finished on time.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

The minister is already on record as saying that most

of the work that has been done on this file with Humber Valley Paving has been

verbally; there is not a lot of documentation.

In this particular case, is this a written agreement

that you have in place for the warranty on that road?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you very much, Mr. Speaker.

It is a written document.

The hon. member, the Leader of the Opposition, has a copy of the letter

of termination and it is actually stated right in the letter of termination that

the warranty will be covered for two years.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

What it says here is that Humber Valley Paving would honour that warranty.

You put a bond in place in case a company does not make it, in case a

company goes bankrupt. In this case

here what the minister is saying today, if Humber Valley Paving goes bankrupt,

the warranty would not be in place.

Is that correct, I ask the minister?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, I think it is a little bit inappropriate

that an assumption would be made by the Leader of the Opposition that a company

is going into bankruptcy here. We

are dealing with one particular contract.

There are many other contracts with Humber Valley Paving.

To make an assumption that this company is going into

bankruptcy for the simple fact that they wanted to terminate a contract that

they felt, economically, they were not able to complete, I think that is the

wrong assumption. We were not

assuming, and we are still not assuming as a government that a company is going

into bankruptcy here. We simply

terminated one particular contract.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

ask the minister: In normal circumstances, do you keep bonds in place to protect

the warranty for Newfoundlanders and Labradorians?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Again, I specify the performance bond is in case the

work is not completed and that is when you would go after the performance bond.

The warranty work is there and it is part of the contract, that the

warranty is covered for two years.

It is the company that carries liability insurance and insurances to cover those

warranties.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Contractors are telling us that normally you keep the bonds in place as part of

the warranty for twenty-four months.

Is that the case, I ask the minister?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Again, every contract is done up differently.

You negotiate a contract and the bonds are put in place.

As I stated earlier this week, in this particular contract there were

three different bonds. There is a

bid bond, there is a performance bond, and then there is a labour and materials

bond. What we have now with the

termination of the contract is that we have put a guarantee in place from the

company that the work would be guaranteed.

We have our guarantee there, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

ask the minister: In normal circumstances why do you keep other contractors'

bonds, keep them in place for the warranty?

Why do you do it for some companies and not this company?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

I find that the Leader of the Opposition tries to mix

words around. As we found out today,

sometimes you have to apologize because they slip words in there very quickly.

Every contract is dealt with differently.

Every contract is negotiated differently.

Bonds are put in place with contracts for different reasons.

In this particular contract, when we agreed mutually to terminate the

contract, we also put in place a guarantee that the work would be guaranteed and

under warranty for the two-year period.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

ask the minister: In the past, have you ever kept bonds in place to protect the

warranties on roadwork that has been done in Newfoundland and Labrador?

Have you ever done that in the past I ask the minister, yes or no?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, again every contract that the government,

through the Department of Transportation and Works, negotiates, we negotiate on

different terms. That is part of

getting the best deal for the people of Newfoundland and Labrador.

With every contract, there are different types of attachments.

I cannot speak for what happened in the department

before I was there. I am sure there

are times when bonds were kept. With

this particular contract, the department made sure that we had the warranty in

place. It was there when they

started the job. When we mutually

terminated the contract, we also have the warranty in place and guaranteed.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

I ask the minister: Given the fact that he said that

this is a written document, a written agreement on the warranty if he would

indeed table that warranty, that agreement, into this House of Assembly?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you very much, Mr. Speaker.

Mr. Speaker, again we are being asked to table another

piece of paper. The Auditor General

has been called in. We have agreed

to call in the Auditor General. I

certainly have nothing to hide. I

feel that everything has been done above board in this particular negotiation.

The department is quite happy.

We have professionals in the department, Mr. Speaker.

They have done a very professional, excellent job.

I am a little disturbed with the way that the Opposition questioned the

professionalism of the employees within the department.

When the Auditor General comes in he has requested everything concerned

to this file from the start to the termination

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

MR.

MCGRATH:

When the Auditor General is finished his report, we will be more than happy to

table whatever is not sensitive.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

Well, this is not about the AG.

This is not about the work that is done with the great staff at

Transportation and Works. It is not

about that at all. What it is about,

however, though, is that we have had the Premier, we have had the minister who

have agreed to table documents in this House of Assembly.

This was a contract that took eight days to cancel eight days.

It has now taken ten days, we have been asking for this documentation

which this government has agreed to release.

Why is it, it has taken so long to release this

documentation?

MR.

SPEAKER:

The

hon. the Minister of Transportation and Works.

SOME HON. MEMBERS:

Hear, hear!

MR.

MCGRATH:

Thank you, Mr. Speaker.

Mr. Speaker, as I just said, we have agreed to bring in

the Auditor General. I have welcomed

the Auditor General into my department.

I have absolutely nothing that I do not mind disclosing, but I think the

Auditor General has the utmost respect on this side of the House.

I would assume that he has the respect on the other side of the House.

Let the Auditor General do his job.

Once we have the Auditor General's report, as I said, I am more than

happy to provide the Opposition with whatever material they like as long as it

is not sensitive.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

Well, there have been comments made and agreements to

release documentation in this House since they have announced the AG coming in

here.

I ask the minister: Why did you change your mind today

and say now the people of this Province will have to wait until the AG does his

report?

MR.

SPEAKER:

The

hon. the Premier.

SOME HON. MEMBERS:

Hear, hear!

PREMIER MARSHALL:

Mr.

Speaker, I believe the Leader of the Opposition was asking for a document that

dealt with a warranty from the company, and of course he has already read from

that document, it is the same document.

Mr. Speaker, in addition, that document was tabled earlier.

It is the termination agreement, the settlement.

Mr. Speaker, with respect to the request we have

already undertaken; we have undertaken, Mr. Speaker, to provide the

correspondence. You asked for

correspondence involving the extension of the contract.

We will table that. This

information is going to the Auditor General's department, and there have been

contacts from lawyers concerned about privacy breaches and the release of

confidential information. There has

also been an ATIPP request.

Mr. Speaker, I can assure you that the documentation

will all be released, both to the Auditor General and to the House of Assembly

at the appropriate time.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Official Opposition.

MR.

BALL:

Thank you, Mr. Speaker.

As part of those reports, too, was certainly analysis

of 60 per cent of the work, and for the value to the Province, too, of course.

Yesterday, the minister admitted that it is difficult

for subcontractors to recoup money when they are owed.

He said: Putting your trust in another company is part of doing business.

I ask the Premier: Do you agree with such callous

remarks in protection of our subcontractors; and, how is it that small

businesses are supposed to get paid for the work they have done?

MR.

SPEAKER:

The

hon. the Premier.

SOME HON. MEMBERS:

Hear, hear!

PREMIER MARSHALL:

Mr.

Speaker, we have a law in this Province that is meant to protect people who do

work as subcontractors, as material supply people, and to labour people.

It is called the Mechanics' Lien Act.

That is what it is. That act

is there. As I said in this House

the other day, if somebody provides labour, if somebody provides materials, if

somebody provides work, they can just give a notice of lien to the government

and they have a lien against the mechanics' lien holdback, which, as the

minister said, under the 60 per cent of the contract is about $1.1 million or

$1.2 million. That is there.

In addition, one thing I did not say yesterday, but if

there is a subcontract the subcontractor has thirty days from the completion or

abandonment of his particular subcontract to give notice of the lien.

When the hon. the Leader of the Opposition talks about not knowing the

general contract, you do not have to know the general contract; you have to know

your contract (inaudible)

MR.

SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Virginia Waters.

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

C. BENNETT:

Mr.

Speaker, certainly there is mutual respect in this House for the role of the

Auditor General. We have an ATIPPA

response that shows government spent $84 million on consultants.

All of this money was excluded from the Public Tender Act and just four

months ago the Auditor General questioned government's use of external

consultants, saying it is a more costly option.

I ask the minister: Why did you spend $84 million in

one year on consultants, which the AG has said is a more costly option?

MR.

SPEAKER:

The

hon. the Minister of Finance.

SOME HON. MEMBERS:

Hear, hear!

JOHNSON:

Thank you, Mr. Speaker.

We certainly do value the great public service that our

public servants provide, but, Mr. Speaker, there are certain times when a

specific skillset is needed. There

are certain times when things like dam engineering needs to be done and global

advice on petroleum needs to be done.

Mr. Speaker, we went out and hired specific training,

specialized training for foster care.

We hired a group to do a specialized piece of work around foster care

recruitment, which resulted in 146 new placements.

All of these contracts were done for very good reason.

They work hand in hand with our public servants.

Mr. Speaker, again, if she could highlight one specific

issue that she has an issue with that she would not have done, I would be happy

to address that, but it is ones that we stand with.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Virginia Waters.

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

C. BENNETT:

Mr.

Speaker, everyone remembers the government did not follow the external

consultant's guideline when they hired a former PC candidate to do a $150,000

contract. All of this falls outside

of the Public Tender Act, which government still has not reformed.

I ask the minister: When will we finally see the

long-promised reforms to the Public Tender Act?

Will they include provisions for hiring external consultants?

MR.

SPEAKER:

The

hon. the Minister of Service NL.

SOME HON. MEMBERS:

Hear, hear!

MR.

CRUMMELL:

Mr.

Speaker, procurement reform is a priority of this government.

We have initiated a few projects a special procurement project

recently, last year, where we have seen significant savings.

We initiated an RFP process to look at how we can procure goods and

services, and we got some learning from that.

We have a lot of work done.

The work is almost complete on the new act.

We have it in our Blue Book, Mr. Speaker.

We put it in place here a couple of years back.

We are committed to bring the new procurement reform act to the floor of

this House when it is ready, and I look forward to that day.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Virginia Waters.

C. BENNETT:

Mr.

Speaker, I would ask the minister: Will she table in this House all of the

consultants and contracts that make up the $84 million?

MR.

SPEAKER:

The

hon. the Minister of Finance.

SOME HON. MEMBERS:

Hear, hear!

JOHNSON:

Thank you, Mr. Speaker.

Mr. Speaker, today we see that they have an issue with

external contracts. Only a week or

two ago in this House we saw that they had an issue with internal staff doing

oversight around Muskrat Falls and they wanted it to go to external contract.

SOME HON. MEMBERS:

Hear, hear!

JOHNSON:

Mr.

Speaker, that is one position last week, another position this week.

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

JOHNSON:

am not sure, maybe the leader of the party can clarify

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

JOHNSON:

which side she is on in any particular

given day. Mr. Speaker, I am sure

that the various departments have no issue at all.

It is public information in terms of what tenders were done.

We would be happy, as all the ministers would be happy, to table that

information.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

Order, please!

The hon. the Member for Virginia Waters.

C. BENNETT:

Mr.

Speaker, as the minister knows, this spending amount under the $84 million did

not go through the Public Tender Act.

We would like to ask and I would like to ask for a list of those

contracts and contractors to be tabled in this House.

MR.

SPEAKER:

The

hon. the Minister of Finance.

SOME HON. MEMBERS:

Hear, hear!

JOHNSON:

Mr.

Speaker, again, it seems as if they have an issue with this type of spending.

Let me highlight for the House some of the other contracts that were

done, and we would be happy to table them.

Sometimes you need to go outside to get expertise and they do work hand

in hand with our officials.

When you look at Labrador West, there was a medical

audit done, Mr. Speaker. Is that

something that she would not have done?

When you look at forest inventory and aerial photography assessments, is

that something that she would not have done?

When you look at dam engineering and expertise around how to properly

protect people who live in those communities and areas around dams, is that

something that she would not have done?

If she can give her specific issue and we will table

them, then I would be happy. It is

really important for them to highlight what they would not have done because we

believe in what we did do.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Mount Pearl South.

MR.

LANE:

Thank you, Mr. Speaker.

I say to the Minister of Finance, it is easy to talk

about all of the things and say what we would not have done.

We want to know all of them so we can decide for ourselves which ones we

would not have done.

Mr. Speaker, thanks to a lack of planning by the former

Eastern School District

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

MR.

LANE:

under the direction of the Department of Education we have seen St. Peter's

Elementary specialty teaching areas systematically chopped into pieces to a

point where children are eating lunch at their desk, doing music and gym classes

in the cafeteria. The so-called

solution proposed by the new hand-picked board will see this practice continue

at St. Peter's, will likewise see Newtown Elementary chopped up to the detriment

of students.

I ask the minister: Is this what he and his government

call providing a quality education for our children?

MR.

SPEAKER:

The

hon. the Minister of Education.

SOME HON. MEMBERS:

Hear, hear!

MR.

KING:

Mr.

Speaker, our view of quality education is the millions and millions of dollars

we have invested since 2003 in school infrastructure, in adding teaching

resources back, investing Safe and Caring Schools, and all kinds of other

initiatives to support the curriculum in the schools.

Specific to his issue, Mr. Speaker, I want to reassure

the member that I am very much aware of what is happening.

I am being hounded, as a matter of fact, by the Member for Mount Pearl

North who has had repeated meetings with me and telephone calls on this issue.

I can assure the member that we met just this morning with the school

board and we have had discussions with members of the community.

All of these individuals are approaching me with their concerns and

wanting to sit down and talk about it.

Unlike the member, I might add, who has never asked me about the issues,

never written me an e-mail, who has only ever raised the issue in this House of

Assembly.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Mount Pearl South.

MR.

LANE:

Mr.

Speaker, I have raised this issue in the House on numerous occasions.

I have asked questions. I

have presented petitions, and if the minister would like for me to put out

another public meeting and invite him to come talk to parents, I am more than

happy to do so.

Mr. Speaker, last week I met with concerned parents

affected by the reorganization of the Mount Pearl school system.

They expressed anger, frustration, and confusion over the decision

imposed upon them and their children.

I ask the minister: Will he do what the former minister

failed to do, and actually listen to these parents and work with them to find a

better alternative than the unacceptable option presented?

MR.

SPEAKER:

The

hon. the Minister of Education.

SOME HON. MEMBERS:

Hear, hear!

MR.

KING:

First of all, let me say, Mr. Speaker, that the former minister has shown more

leadership in his career than that hon. member ever will, as far as I am

concerned.

SOME HON. MEMBERS:

Hear, hear!

MR.

KING:

Secondly, let me say that I am not interested at all in political posturing.

So the member can stand in this House and posture around politics every

single day while his colleague, who also represents the schools, has taken the

time to sit with the school board and to sit with me and my officials and to sit

with parents to try to find solutions.

This government is about finding solutions for parents, not posturing in

this House of Assembly for politics.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Mount Pearl South, for a quick question.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Order, please!

The member has time for one quick question.

MR.

LANE:

Mr.

Speaker, seeing how the minister is so interested in doing what is right, will

the minister revisit the decision made by the school board as it relates to the

school system in Mount Pearl, yes or no?

MR.

SPEAKER:

Order, please!

The hon. the minister for a quick response.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

Order, please!

MR.

KING:

Thank you, Mr. Speaker.

I take my responsibilities very seriously, and I am

very much aware of my responsibilities by the Schools Act.

I am quite prepared, as I said to the Member for St. John's Centre a

while ago, that if school councils want to meet with me, I am prepared to meet

with them but I am not prepared to overrule a school board decision.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Third Party.

MICHAEL:

Thank you very much, Mr. Speaker.

Many seniors requiring residential care have difficulty

advocating for themselves. Many of

their families have difficulty advocating on their behalf.

I ask the Minister of Health and Community Services:

When will government provide patient advocates for long-term care residents?

MR.

SPEAKER:

The

hon. the Minister of Health and Community Services.

SOME HON. MEMBERS:

Hear, hear!

MR.

DAVIS:

Thank you, Mr. Speaker.

Again, I thank the member opposite for bringing up this

very important topic here in the House of Assembly.

We take long-term care, it has been a very important matter for this

government. We conducted very

extensive consultations which resulted in a ten-year strategy, which was

announced by this government in 2012.

It is a ten-year strategy around providing services and supports to

seniors throughout Newfoundland and Labrador, including the provisions of

long-term care.

Mr. Speaker, with long-term care as well, we have made

significant investments throughout this Province in the infrastructure needs, in

the staffing needs, in providing the facilities, equipment, programs, and

opportunities for seniors throughout Newfoundland and Labrador.

I can tell you we make no apologies for that.

We are quite pleased with the work we have done and quite proud of the

work we are doing for seniors.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Third Party.

MICHAEL:

Thank you, Mr. Speaker.

So, no patient advocates.

The Department of Health and Community Services has a

pilot project using for-profit personal care homes for Level III and IV seniors

who need high levels of care. Across

the country studies show that public and non-profit facilities have the best

average record of quality care for seniors.

I ask the minister: Why has this government decided to

turn Level III and Level IV nursing home care into a for-profit business?

MR.

SPEAKER:

The

hon. the Minister of Health and Community Services.

SOME HON. MEMBERS:

Hear, hear!

MR.

DAVIS:

Mr.

Speaker, I always try to be respectful in this House, and I will make my best

efforts to do that again, because in the

preamble of the question that the

member opposite is posing to me she is explaining that we are looking at a pilot

project because we are quite willing to look at new ways of conducting

business. We are quite willing to

look at ways to create efficiencies and better services that we can provide to

the people of the Province. On the

other hand, she seems to be advocating that we should not try new ways of doing

things. So I am not sure which way

the member opposite wants us to do it.

I am sure when she rises again she will address that.

I think it is very important for us to be open to new

ways to conduct business. When a

pilot project is carried out it is done so, so that we can effectively look at

the results and the opportunities that exist in new programs and new

opportunities throughout Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Leader of the Third Party.

MICHAEL:

Mr.

Speaker, it is the for-business aspect of this that I have a problem with.

Mr. Speaker, experts are saying that lack of home care

in the community is a factor in the hospital bed shortage and backups in the ER;

yet, this government chose to delay reviews of the Home Support Program that was

supposed to be done last year.

I ask the minister: When will the Request for Proposals

for the home care review be put out?

MR.

SPEAKER:

The

hon. the Minister of Health and Community Services.

SOME HON. MEMBERS:

Hear, hear!

MR.

DAVIS:

Thank you, Mr. Speaker.

If I may address another part of her earlier question

when she asserted that we are using personal care homes for Level III and Level

IV, Mr. Speaker, that is not right.

The pilot project is for Level II plus, which is not for people who are

considered to be Level III and IV as well.

The pilot project is one, as they say, that is being

utilized, addressed and delivered in a way that we can look at new opportunities

for us to deliver better programs and services to seniors as well.

We do that in a number of ways, including the address of RFPs, which the

member opposite is asking about right now.

We look at all of those opportunities and we will continue to do so.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for St. John's East.

MR.

MURPHY:

Thank you, Mr. Speaker.

Last night at a forum in St. John's, concerned citizens

called for government to ban Tordon 101 from being used in this Province.

Will government ban this chemical from use?

MR.

SPEAKER:

The

hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS:

Hear, hear!

SHEA:

Thank you, Mr. Speaker.

Mr. Speaker, Tordon 101 has been used for decades in

Newfoundland and Labrador and throughout Canada.

It is registered for use in Canada by Canada's Pest Management Regulatory

Agency. Mr. Speaker, we go by the

guidelines of Health Canada. We

actually exceed some of the safety standards that are established by Health

Canada. Mr. Speaker, we will

continue to work with our counterparts through Health Canada to ensure that

anything we do in Newfoundland and Labrador meets the safety standards.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for St. John's East.

MR.

MURPHY:

Mr.

Speaker, Tordon 101 is a chemical of choice.

It seems to be used for clearing the right-of-way for the power cables

from Muskrat Falls to Soldiers Pond.

Does the minister think that the spraying of 1,100

kilometres of the route with a toxic chemical will have no side effects on the

people or the environment of the Province?

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS:

Hear, hear!

SHEA:

Thank you, Mr. Speaker.

Mr. Speaker, as I indicated, Tordon 101 has been used

for decades in Newfoundland and Labrador.

We will continue to use that product as long as it is registered and

considered safe as we work with our counterparts at Health Canada.

Mr. Speaker, as I said, even the safety standards established by Health

Canada, we exceed those standards here in Newfoundland and Labrador under the

regulations we have in place.

Also, Mr. Speaker, anybody who is an operator who uses

this pesticide is also a licenced operator in Newfoundland and Labrador and has

to follow all the rules and regulations as set down.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for St. John's East.

MR.

MURPHY:

Mr.

Speaker, this chemical is too dangerous for use too dangerous.

How dangerous does a chemical have to be before the government decides to

ban it for use in the Province?

MR.

SPEAKER:

The

hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS:

Hear, hear!

SHEA:

Mr.

Speaker, I do not consider myself an expert in chemicals and the use of

chemicals, nor do I think the hon. member is any more qualified than I am to

make those determinations. As a

government, we are more than willing to work with our officials within

government who are considered the experts and as well our counterparts within

Health Canada who make these regulations and the safety standards.

Mr. Speaker, I think we have to respect the people who

do this type of work, who provide the advice and the information to Health

Canada and to the Government of Newfoundland and Labrador.

We will respect their work.

We will accept the safety standards, and I guarantee we will work within the

safety standards that are established.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for St. John's East, a quick question with no

preamble.

MR.

MURPHY:

Mr.

Speaker, there are good corporate citizens in this Province

MR.

SPEAKER:

preamble, please.

MR.

MURPHY:

that only use mechanical brush clearing.

Why doesn't the government stick to mechanical brush clearing as well?

MR.

SPEAKER:

The

hon. the Minister of Environment and Conservation for a quick response.

SOME HON. MEMBERS:

Hear, hear!

SHEA:

Mr.

Speaker, we will continue to use pesticides that are deemed safe and within the

safety standards that have been established.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

time for Question Period has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

SOME HON. MEMBERS:

Oh,

oh!

MR.

SPEAKER:

Order, please!

Answers to Questions for which Notice has been Given.

Petitions.

Orders of the Day.

Orders of the Day

Private Members' Day

MR.

SPEAKER:

This being Private Members' Day, I call upon the Member for Virginia Waters to

introduce the motion that is on the Order Paper in her name.

C. BENNETT:

Mr.

Speaker, thank you very much.

It gives me great pleasure to rise in this hon. House

today. I gave notice earlier this

week about a private member's resolution, which reads:

WHEREAS Newfoundland and Labrador communities face very

real challenges due to population decline and population aging; and

WHEREAS the Province can no longer rely on employment

alone to successfully compete and attract and retain skilled workers needed for

growth in global environment; and

WHEREAS the significant economic, social and cultural

contributions of newcomers to our Province are well-recognized; and

WHEREAS international migrants, including immigrants,

temporary workers and international students will continue to play an

increasingly important role in helping to sustain and grow a diverse and

prosperous future; and

WHEREAS Newfoundland and Labrador has among the lowest

newcomer attraction and retention rates in the country;

THEREFORE

BE IT RESOLVED that this House of Assembly

urge government to implement a Worker Recruitment and Protection Act similar to

Nova Scotia or Manitoba which would require an employer registration process as

well as a licensing requirement for companies/individuals recruiting foreign

workers.

MR.

SPEAKER:

Order, please!

The Speaker has acknowledged the Member for Virginia

Waters to introduce a motion that is in her name.

I would ask all other members to remain silent while she does that,

please.

C. BENNETT:

Thank you, Mr. Speaker.

This motion is seconded by the Member for The Straits

White Bay North.

I am sure there are many individuals watching the

proceedings today who represent the immigrant community in our Province.

On April 14, I wrote the minister indicating to him questions that I had

about a worker protection act.

Newfoundlanders and Labradorians must always be the first people to get the

available jobs in this Province, but we cannot ignore that there are skilled

gaps that need to be filled to ensure businesses can continue to operate,

businesses that also employ Newfoundlanders and Labradorians first.

We must be open to new Canadians from all countries, all religions, and

all cultures. This includes

welcoming them here to mentor and train local people so we can expand our skill

and knowledge base.

I am proud in my own business that we have been able to

continue to employ Newfoundlanders and Labradorians and pay taxes, and in times

when other operators have struggled to do so.

I am proud that I am able to bring in temporary foreign workers in

management roles that could not be filled to train my staff so they could step

into those higher paying positions.

That said, I have long been an advocate for the rights

of everyone, particularly those who choose to work and live in our Province,

which is what this private member's resolution aims to do: protect everyone.

My request to the minister was that the Province

implement active and progressive measures, such as new legislation to protect

the rights of temporary foreign workers.

These workers are at significant risk of abuse and violation of basic

rights and compounding that is the lack of available settlement and integration

services to better assist temporary foreign workers in their new workplaces and

communities.

Manitoba has been one of the most successful provinces

to increase their immigration levels and has taken action to introduce

legislation to protect the rights and well-being of temporary foreign workers

who work in their province. Nova

Scotia has followed suit.

Although my letter to the minister on April 14 was not

my first act of advocacy, I met with a former Minister of the Department of

Advanced Education and Skills last spring where I advocated that this government

bring in this type of legislation. I

also met with officials of the department.

On May 5, I received a response from the minister in

which he said: Our government recognizes that immigration is an important tool

in meeting labour market needs in this Province.

He went on to say that through PNP, temporary foreign workers who meet

certain eligibility criteria can transition from temporary to permanent status,

and many have done so. This reflects

the Province's long-standing recognition of temporary foreign workers as a pool

of potential permanent immigrants.

Mr. Speaker, this legislation has two critical

components: number one, employers must register before applying for a labour

market opinion or when they make a job offer; secondly, there is a requirement

for those companies and individuals who are operating in the area of

international recruiting to be licensed and approved by the government so there

will not be situations where companies are not held accountable for protecting

people, because people matter. It is

the responsibility of this government and this House to make sure that people

are protected.

Government is responsible to ensure that companies are

operating within the rules. As the

minister, I am sure, is very aware, labour legislation comes under the purview

of the provincial government. It is

our responsibility to protect the human rights for all individuals and protect

all of our people.

There are thousands of people working in this Province

in the offshore sector, in agriculture, in hospitality, and in management.

There is a very wide range of NOC codes represented by the people who are

working in our Province. The passive

approach this government has had to immigration, immigrants, and people who work

in our Province is not cutting the standard.

These people have no or very limited access to information and it has

been proven that once they get the information they will be their best

advocates.

The TFW Program, the Temporary Foreign Worker Program,

is about people. As the minister so

rightly suggested in his letter to me on May 5, this is a multi-department issue

that has many implications, particularly in the area of Advanced Education and

Skills and Service NL. I would ask

the minister about a position known as the director of multiculturalism or

potentially an assistant deputy minister for the division of immigration.

These roles are critical to ensure there is clear access across all

departments for an advocate who is championing the issues related to

immigration.

I clearly understand, and I am sure the minister does

as well, as I said earlier, that government owns the accountability for labour

standards for everyone working in this Province, including the people who are

working here from other countries. I

will congratulate the Minister of Service NL for this week's conference being

hosted by the Newfoundland and Labrador Occupational Health and Safety

Association, the fifty-eight annual conference, where on Friday I am pleased to

be speaking in the beautiful community of Gander around the challenges around a

multicultural workforce, and the things that employers need to do to ensure the

safety of every single one of their employees.

Mr. Speaker, this private member's resolution is

important not only to the people who choose to live in our Province, it is

important to the people who choose to live in our Province and want to stay for

a long period of time.

This government, back in 2007, launched a strategy

called the Provincial Immigration Strategy.

That strategy identified and said this is a quote from the minister at

the time Other jurisdictions in Canada and around the world are aggressively

pursuing increased levels of immigration to counter the impact of aging

populations and low birth rates'.

The minister at that time went on to say The strategy is clearly needed; this

government recognizes the challenges arising from changes in the make-up of our

population. We are aging rapidly

with fewer children being born. We

need people if we are to grow the Province, attract investment and address

rapidly emerging skill shortages in the economy.

Our long-term prosperity as Newfoundlanders and Labradorians must include

measures to attract and retain a greater share of the total number of immigrants

who choose Canada as their home.'

The strategy had eighteen goals and was designed by

this government to show a commitment to immigration and commitment to

encouraging and welcoming people to come to our Province.

I will read a quote now from an

article that was printed in the local

paper at the time. Employers and

our province as a whole have something to gain from a proactive, strategic,

concerted effort to attract newcomers to our province, retain them and guide

their effective integration into our society and workforce.

It's in our best interest to have a plan to facilitate this, as opposed

to having no plan at all for how we're going to approach and handle

immigration.

Mr. Speaker, one of the reasons I entered politics is

that I believe people deserve to have a voice, when maybe they do not.

This hon. House provides an opportunity for me to give voice to people

who deserve the same consideration as they work hard in our Province, as they

enable our economy, as they diversify in the thousands and thousands of

different jobs they do from health care to agriculture to offshore oil, to

engineering, to teaching, all of those skills.

They deserve protection in our workplace the same as anybody else.

This private member's resolution is designed as a small

step in what should be a long-term strategy.

A strategy I will be happy to work on with my colleagues on this side of

the House when we are elected in a general election to that side of the House.

It is important that we have a community that is welcoming and open, and

that the right investments are made in the right places to enable our economy to

continue to diversify while we protect people.

Two simple things we are asking for: number one, every

single company that is intending to ask for an LMO be registered; and number

two, any company that operates in this community of ours Newfoundland and

Labrador, our wonderful Province be required to be licenced to operate in the

area of international recruiting so that the workers as well as the businesses

who operate and use the Temporary Foreign Worker Program are protected.

This is a very important conversation for me, and a

very important conversation for a lot of people in this Province.

I know the minister thinks very clearly that this is an important issue

for our Province. I look forward to

his comments as we continue this debate this afternoon.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Minister of Advanced Education and Skills.

SOME HON. MEMBERS:

Hear, hear!

MR.

O'BRIEN:

Mr.

Speaker, I am really happy actually to take my place in the House and speak to

this private member's resolution here today, as a person who has done

international business back before my day in politics for about twelve or

fourteen years.

I understand the importance of integration.

I understand the importance of people coming to our country, coming to

our Province and strengthening our culture.

I have a number of them who live in my community, both professional and

in the skilled trade areas, and various other occupations as well.

As well, I want to make sure that community

understands, and understands fully, that this government is certainly engaged in

regard to, number one, the importance of the program.

The federal program, the Temporary Foreign Worker Program, along with the

PNP and the Expression of Interest program as well.

I have in the past, since about October, 2013 I have

had several conversations with Minister Kenney and I have had the opportunity to

write him on a couple of occasions in regard to my concerns in trying to

strengthen the programs and for the rights of people who come here to make this

Province their home. As a matter of

fact, I was listening carefully to the hon. member across the way saying that

she would like to see them be able to stay here for a long time.

My opinion is if they come here and there is a need for

those particular workers in our Province, in Canada, well I want them to stay

forever. I want them to become

Canadians the same as me. I want to

stand shoulder to shoulder with them in regard to the society we have here in

Canada, and I am absolutely sure they will strengthen our culture and strengthen

the society that we live in. They

will bring a new flavour, a different perspective in regard to the way we have

lived in the past and the way we will live in the future, and I firmly, firmly

believe that.

As well, in regard to the responsibilities, there is a

responsibility of government in regard to the protection and the well-being of

these particular people who come here to work and avail of the opportunities we

have. Yes, we have to protect the

rights of Newfoundlanders and Labradorians and make sure they come first.

I think each and every country around the world understands that.

As a matter of fact, they practice that in their own countries as well if

we would reverse the flow. It works

both ways, and that is the way it is.

As well, as in Lab West and I have mentioned a number

of occasions that the Temporary Foreign Worker Program, taking that one as an

example, is very important to Lab West because of the pressure points there in

regard to a growing economy. Nobody,

I do not believe, in our Province I hope nobody in our Province would ever

question if there is a need that we should have the opportunity to bring good

people to our Province to strengthen us, not support us, but to strengthen us as

a society. That is very important to

me.

As well, in regard to that responsibility, there is a

responsibility, too, of the employer.

There has to be. In order for

any program to work and work efficiently, there has to be that support as well.

It is incumbent on employers right across the country not to abuse the

program and make the program bad for others.

We have people and employers in our country who certainly need those

workers. It is incumbent on them to

have those workers in order to make their businesses successful.

I see that as a component that is really, really important.

As well, it is important that the employer, in regard

to the regulations the federal government, the federal minister, and the

department would place around a certain program, adhere to those regulations and

the criteria set to that. It is

really important because if one or the other abuses it for whatever reason they

may, to take advantage of the program or whatever it may be, it makes it bad for

the rest and that is not good. I see

a program that, if we all work together, this particular program, our PNP, and

our overall Immigration Strategy is really important to the Province, Mr.

Speaker.

As a matter of fact, we are having good results over

the last number of years. This

year's numbers in regard to our PNP and immigration overall are actually going

to be unprecedented in regard to the number of people who are going to make

their home in Newfoundland and Labrador, going through the system, and becoming

Canadians, just like us, Mr. Speaker.

I welcome them to our country and hopefully I can attend some of the

ceremonies that will happen over the next year or so.

Mr. Speaker, in regard to my chats, as a matter of

fact, I have a phone call at his request and a conversation is going to happen

this Tuesday evening. I believe the

call from Minister Kenney is going to come in at about 5:00 o'clock or 5:30

o'clock on Tuesday evening. It is a

very important call because I have some concerns in regard to the suspension of

the Temporary Foreign Worker Program.

The simple reason is, to me, it is nearly like, because there is an

issue, he has actually killed an ant with a sledgehammer.

He should not do that. In my

mind, that has to be flexible because it puts a number of things at play, Mr.

Speaker.

One of the things that is put at play is the anxiety

within the workforce itself, in that these people have come to our country, come

to our Province with complete faith in our society, complete faith in our system

and in our government and now as their visas run out, they may very well have to

leave before it is straightened up again.

I believe that should not apply as a blanket piece right across the

country, in a certain sector of our industries.

I do not think that is right.

I think people and persons and groups that might abuse the system should carry

that load and the rest should certainly be recognized as leaders within our

country in regard to that particular system.

I firmly believe that in my heart.

I will reference a few things as I go through in regard

to the different components of our program.

For instance, we have a lot of foreign students here now.

The other thing that I would like to say is that sometimes when we

stereotype or some people would stereotype, they would see somebody from another

country, from another culture, they right away think that that person is a

temporary foreign worker or something of that sort.

That is not true because many of them are Canadians; they are Canadians

just like us. They have achieved

that. They have come here and made

it their homes. That is really

important to recognize as well. What

I am saying to the public is do not jump to a conclusion because it is not

really true. I want to point that

out as well.

Then in regard to our education system, there are

foreigners from all over the world coming here for quality education.

I said yesterday I think it was when I stood in my place in the House and

I spoke to the education system in Newfoundland and Labrador, some people might

want to think that people are coming here just because the cost is less.

That is not true at all. As a

matter of fact, that is the least of the things that are taken into account in

regard to why they come here. They

are coming here for the quality of the education itself.

They are coming for the culture.

They are coming for the welcome mat that we put out to the people all

over the world to come and join us as a society.

I firmly believe that as well.

We do that each and every day.

As well, Mr. Speaker, one of the things that I have

addressed heavily with Minister Kenney, and also with one of the other ministers

I believe his name is Chris Alexander that it is really important that we

have a really strong settlement program.

We have to have the proper supports, we have to have the proper

mechanisms in place to make sure that the transition from one culture into our

culture, bringing the components of their culture into ours, is seamless, Mr.

Speaker. I really think that is

important as well, that we have to have those supports.

As a matter of fact, we have a couple in the Province right now.

There is one really strong out in the area of Carbonear Harbour Grace

in regard to that settlement issue.

I commend them for the work that they do and the things that they provide to the

people who would choose Newfoundland and Labrador as a place to reside and live.

We have, in Lab West, if I could reference LabWest

and the minister will speak, the MHA for Lab West, later in the afternoon.

I have to mention that when I go to Lab West, which is very often,

actually, in regard to my role as the Minister of Advanced Education and Skills,

and I meet those people who are making that part of Newfoundland and Labrador

their world. Some of them, as a

matter of fact, have gone so far as starting a family and actually marrying

Newfoundlanders and Labradorians.

That is an absolutely fabulous thing.

So, I am referencing a lot of the good things in regard

to the programs that we have in our TFW program.

Again, it is a federal program, and I just want to caution people in

regard to the responsibilities and the criteria set to that particular program.

It is a federal initiative, an initiative that we as a government welcome

because of its importance to our growing economy, and the opportunity that is

here. The opportunity not only for

people who will come here and we have many skilled tradespeople that have come

to avail of the work in our oil industry, that have come to work in our mining

industry, they have come to work in various other skilled trades industries.

There are a lot of professionals here in Newfoundland and Labrador in

regard to doctors and nurses and lawyers. They

have come here and made this their home.

I certainly welcome each and every one of them, but it

is great to see a person that would come from a long, long, ways away.

As a matter of fact, the weather is not even remotely the same.

They actually love this land no differently than I do, and they make this

their home, marrying Newfoundlanders and Labradorians and having a family here.

I think that is really important as well to reference.

Mr. Speaker, I will not go through the numbers because

I have them all in regard to the numbers of people who are here in our Province,

but we can all get that online and see that.

Really, that is not important.

As a matter of fact, in regard to the protection, in regard to the

welcome, and in regard to the importance it is just as important if we had one,

as if we had 5,000.

I want to make sure that everybody in this House,

everybody out there in Newfoundland and Labrador, realizes that this government

has placed a focus in regard to our immigration strategy on just that.

We are increasing the numbers.

The people who are working in that division, if anybody has an issue in

regard to moving to Newfoundland and Labrador, an issue when they get here,

please call that office because we have qualified staff there who will work with

you in regard to your issue.

Mr. Speaker, at this time, I would like to propose an

amendment for your consideration to this private member's resolution.

I would move, seconded by the Member for Labrador West, that the

resolution clause of the private member's resolution now before the House be

amended by deleting the words a Worker Recruitment and Protection Act similar

to Nova Scotia or Manitoba and substituting therefore the words worker

recruitment and protection legislation.

That is seconded by the Member for Grand Bank, the

Minister of Education. I would like

to table this for your consideration.

MR.

SPEAKER:

(Inaudible) amendment to the resolution proposed by the Minister for Advanced

Education and Skills.

The House will now take a brief recess to consider

whether the amendment is in order.

Recess

MR.

SPEAKER:

Order, please!

I have considered the amendment as put forward by the

Minister of Advanced Education and Skills and determined that the amendment is

in order.

The hon. the Member for The Straits White Bay North.

SOME HON. MEMBERS:

Hear, hear!

MR.

MITCHELMORE:

Thank you, Mr. Speaker, for the opportunity to speak to the private member's

motion put forward by the Member for Virginia Waters.

This is a very important issue when it comes to

Newfoundland and Labrador, when it comes to our population and when it comes to

the protection of our workers, and that includes the citizens of the Province

and also international migrants, immigrants, temporary workers, international

students and people who want to choose to live in Newfoundland and Labrador

When we look at the very challenges that we face in

population decline and population aging, I only have to look to my very own

district and we would see that The Straits White Bay North has one of the

oldest populations in the Province.

Since 1992 the district itself has lost about 37 per cent of its population and

that is happening across many rural areas specifically, and that creates

challenges. It creates labour market

challenges.

Whereas we see in some

of the urban centres there is a lot of robust growth and dynamics, and that is

going to create challenges as well when it comes to how it has an impact on the

economy and how you look at recruiting, retaining workers, and creating economic

development.

I will just say for the Great Northern Peninsula, the

Nordic Economic Development Corporation and the Red Ochre Regional Economic

Development Boards, the RED Boards that were cut by the government, saw the

initiative and the need to look at the retention, recruitment, and attraction of

workers, whether they be international workers, whether they be expats, whether

they be new grads, international grads, to promote the Great Northern Peninsula

and all the offerings. They created

a Web site and they promoted the service offerings; they created advice for

people who wanted to come and understand the services, whether it be

transportation, whether it be communication services that were available and

basically create a welcoming environment.

That is something when we look at an immigration

strategy, the Town of St. Anthony launched an immigration portal and they have

taken initiatives so that we can provide experiences and ensure that when we

look at culture, when we look at multiculturalism, that we are welcoming people

in to our communities. The Town of

St. Anthony has taken that quite well, working with the Chamber of Commerce.

Any new employee who comes into the town who either

sets up a business, works in health care, works in retail, in the hospitality

sector, they are given a welcome basket; and in it, the local business community

provides them with information so that everyone is well aware of the services

that are offered, and that is important.

We need to do that when we are looking at our aging population.

When we look at the gaps, we just cannot rely on

unemployment alone to attract and retain skilled workers.

It is a global environment.

It is very competitive. We see this

time and time again. We must be more

aggressive in how we are able to fill positions, how we are able to create that

long-term economic wealth for the well-being of Newfoundland and Labrador as a

whole.

We had international graduate programs and different

incentives that were created under the Youth Retention and Attraction Strategy,

but those went to the wayside by this government.

They were cancelled or eliminated, and those types of things are just

unacceptable there. There were

initiatives and we see that with strategies that have taken place.

Why are we lacking when we have such an opportunity?

We have such an opportunity when it comes to looking at how we protect

our employees and how we make sure we are protecting residents, international

students, and immigrants who are coming and wanting to choose to work in

Newfoundland and Labrador.

I want to make reference in particular to an

opportunity we have when it comes to immigration and the Provincial Nominee

Program. If we look at it in

particular, Newfoundland and Labrador, our quota in that program, which is a

federal program, has 300 nominees per year.

It is one of the lowest in the country one of the lowest in the country

when we have some of the greatest challenges in filling positions.

We have great opportunities.

We look at places like Lab West that has robust mining

activity and things happening, and there is specific expertise that is needed.

It also creates other gaps and challenges when you are looking at trying

to fill certain positions. It

creates a mismatch, so then you may need to recruit aggressively outside to fill

positions, whether they are in engineering, whether they are in the hospitality

industry, or whether they are in caregiving.

This is where we have an opportunity because other

jurisdictions have successfully lobbied the federal government to increase the

PNP quota. We are seeing the western

provinces fight to remove the cap, given that they have labour market

challenges. We have very real labour

market challenges here.

We have seen situations like in Happy Valley-Goose Bay

that was reported in The Aurora where

a megaproject like Muskrat Falls is employing many Canadians, but there is a

lack in certain sectors so you need to look at recruiting.

A program like the Temporary Foreign Worker Program may have to be

utilized for local businesses to fill the human resource gaps that are there.

We need to look at that.

An example in The

Telegram on May 6 talked about an individual in Lab City.

Her and her husband relied on temporary foreign workers to come to the

aid of their disabled daughter because they exhaustively looked for help in the

country, tried to employ people locally, and were not able to do so.

These international workers who were employed through the Temporary

Foreign Worker Program were reported in

The Telegram as a godsend. These

workers were working very diligently.

There are real concerns right now with the federal

government, and the minister noted they will be having discussions with Minister

Kenney. I hope he raises that nobody

on the PNP, the Provincial Nominee Program, will be impacted by this moratorium

of temporary foreign workers that is currently in place.

That is creating a real anxiety with the Temporary Foreign Worker Program

and for anyone who is currently under the Provincial Nominee Program.

That is a real issue that people are facing.

Mr. Speaker, I wanted to talk about myself in terms of

I have experienced where I have worked internationally.

When you work internationally sometimes you realize that if you do not

have the act, the adequate legislation, and regulations that encompass that, you

may not have the appropriate protections and security that you need.

This resolution that is put forward is calling for

worker recruitment and protection.

It is looking at other provinces similar to Nova Scotia and Manitoba that

requires an employer registration process, as well as a licensing requirement

for companies and individuals recruiting foreign workers.

That is pretty key, because we want to make sure there is a protection in

place. When we look at when people

are recruiting internationally, we want to make sure that things are done

adequately, and that the employees who are coming to Newfoundland and Labrador

are not being taken advantage of.

We need to look at other pieces of legislation that

have a standard; they have accountability put in place.

If you look at Manitoba, for example, and their employer registration

information, anybody wanting to recruit foreign workers in Manitoba has to

register with Employment Standards.

They have the forms that are completely made available.

It talks about if people do not register the

significant penalties that are there.

Employers have to submit there is a process, a labour market opinion

application to the federal government without supplying a certificate of

registration will be referred back to Employment Standards for registration.

They have an adequate process that is put in place and if they do not do

that prior, the offence of recruiting without having such a registration is

subject to fines as high as $25,000 to $50,000.

Right now, in Newfoundland and Labrador, we do not such

an act or legislation, or a regulation that would create a fine or a penalty in

place so that we protect people, the workers.

There needs to be a clear process, if not, you could have third parties,

you could have all kinds of companies going out there recruiting.

Then you could create benefits that these companies would be getting,

that they should not be entitled to, that would contravene a law, but without

the existence of having one then it creates a real problem.

You leave a situation up for abuse where people could be taken advantage

of.

I really think there needs to be standardization when

we look at such a program, and we look at how we grow an economy around looking

at immigration, looking at inviting new Canadians and international graduates.

We have significant opportunity in Newfoundland and Labrador.

Our rural communities, our rural economy, especially, can benefit from

it.

I have seen it in my own district in St. Anthony,

especially when we look at health care professionals who are there, the business

owners who are there, that have moved to the region and have created jobs.

They are certainly part of the community.

We want to welcome that more because it will be a great opportunity for

us to grow and also learn more about other cultures and have them part of

Newfoundland and Labrador because we have significant opportunity.

I really thank the Member for Virginia Waters in

putting this piece of legislation forward.

MR.

SPEAKER:

The

hon. the Minister of Service Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR.

CRUMMELL:

Thank you, Mr. Speaker.

It is a very interesting topic here this afternoon, and

one certainly close to my heart as well as the Minister Responsible for Labour

Relations Agency; and relatively new at that, only a couple of weeks in, and we

are talking about this here today.

I would like to provide some perspective around the

resolution we are debating today. I

will take about fifteen minutes to demonstrate to everyone in the House,

everyone at home, and everyone up in the public gallery, that our government

fully understands what is happening here, what is going on, and where we are

coming from and where we are going, and we recognize the problem.

We have begun to work towards solutions, and that needs to continue for

sure, Mr. Speaker.

Mr. Speaker, the Opposition, I think they have done a

pretty good job actually in framing out what the issue is in the

WHEREAS parts

of the resolution. So I will give

them credit for that. I am not going

to read it over again, but it certainly summarizes where we are today as a

Province, our prosperity, the economy, the positive things that are happening

here and the challenges around our labour market conditions, Mr. Speaker.

I will not get into that, although it deserves to be repeated at some

point in time to frame up, to those at home, exactly what we are debating this

afternoon.

Again, there is really not much here I can argue with

in terms of the

WHEREAS piece of the private member's resolution.

We agree and recognize there are significant challenges on how we are

going to continue to grow our economy.

If we cannot address and meet our labour market needs today and into the

future, we as a Province will not succeed.

We will not reach the full potential that we can reach as individuals and

as a Province. We are very aware of

this. We are absolutely aware of

this.

Our primary focus is putting Newfoundlanders and

Labradorians to work first. We all

agree with that. I think I have

heard that on both sides so far.

Through education and training, we need to have a skilled and trained workforce

ready to seize the opportunities in front of them.

I have two daughters in university now.

They are twenty-one years old.

I have a seventeen-year-old son going to his graduation next week.

They are planning their futures.

The opportunities are out there.

Our government provides the supports to make sure that they can be all

they can be, through education, through student tuition fees.

They are looking at different options and what they can be in their

lives.

Our commitment is demonstrated in a number of ways, as

the Minister of Advanced Education and Skills pointed out earlier.

So I am not going to go too far down that road because I want to get to

the piece that I am responsible for.

Again, we recognize there are other initiatives that we need to take.

Our government has developed and is implementing an

immigration strategy and has consulted on and is about to present a Population

Growth Strategy to promote immigration and immigration retention in Newfoundland

and Labrador. As Parliamentary

Secretary to the Minister of Advanced Education and Skills last year, I had the

privilege of working on that project for several months.

I had the privilege of attending a couple of the sessions, and it was

very interesting. I am very

interested to see the outcome and see what the strategy is going to be on that

first deliverable date coming in the next few weeks.

We have and will continue to encourage newcomers to

come here to the Province through various means.

Including, I think it was mentioned earlier, the Provincial Nominee

Program; international foreign student recruitment initiatives; Memorial

University, we have been very successful there are that; the Marine Institute;

College of the North Atlantic as well; and the federal Temporary Foreign Worker

Program, which is what we are talking about here today, more or less.

This is a federal government initiative, Mr. Speaker,

and we need to recognize that. We

need to note that. It came into

place, I believe, over a decade ago and it recognizes the labour shortages are

real in certain parts of the country and in certain sectors of the economy.

I think everybody accepts that.

This is where we are today.

The arguments that we need more workers and that we need to encourage newcomers

to come here, live, and work are strong.

We all get that. That is

something we are not going to debate here this afternoon.

I think we are certainly all on side.

With that we hear the stories that have come in the

news in the last few weeks, allegations of abuses in various programs and issues

around vulnerability of foreign workers.

Those stories are indeed concerning; they are indeed disturbing at times,

Mr. Speaker. We have heard stories,

unfortunately, here in our own Province.

Again, we need to recognize that there are certain things happening out

there. We have to be aware of them

and we have to be prepared to react to that, and be proactive as well.

Mr. Speaker, I believe when the federal government

completes its review, and that is my belief and I think you pretty much get a

sense of it, it will find that most of these incidents are isolated.

I will provide a little bit of evidence of that in a few minutes,

certainly for this Province. I

believe they will continue to reform the Temporary Foreign Worker Program and it

will continue. I think for sure that

is where the government is probably going to go with this federally.

We need to note at this point in time, as well, and I

have heard it mentioned before, earlier this afternoon by the Minister of

Advanced Education and Skills, there are responsibilities on all sides: the

federal government has responsibility; the provincial government

certainly has responsibilities that we take very seriously in terms of

the Labour Relations Agency, which I am the Minister Responsible for; but

employers need to take responsibility as well and the majority of employers out

there, Mr. Speaker, are good people.

They are Newfoundlanders and Labradorians making the right decisions for the

right reasons, but for the situations they find themselves in, they are

participating in this program, and the majority of these people are there

employing Newfoundlanders and Labradorians and people from away.

They are good employers.

Our government, and when it comes to my responsibility

as the Minister Responsible for the Labour Relations Agency, we are committed to

protecting workers regardless of where they are from. No matter what corner of

the earth they come from or what corner of Newfoundland and Labrador they come

from, we are committed to protecting the workers and our workplaces here in

Newfoundland and Labrador.

It is important to note, Mr. Speaker, that temporary

foreign workers have the same rights and responsibilities as Canadian workers

under our laws today here in this Province.

They are protected under provincial labour laws including the Labour

Standards Act, which I am the minister responsible of, and the Occupational

Health and Safety Act, which just so happens as Minister of Service NL I am

responsible for, both of which are important pieces of legislation to protect

the well-being of our workers in the workplace.

Make no mistake, Mr. Speaker, government takes very

seriously very seriously any and all allegations made by temporary foreign

workers or anybody else regarding their rights.

We take that very seriously here in this Province; our government takes

that very seriously. We have and

will continue to investigate all complaints accordingly.

I would just like to talk about some of the statistics.

I would like to share with everybody here to fully understand what the

Labour Relations Agency does in protecting workers in this Province.

Mr. Speaker, from April 1, 2009 to March 31, 2014 I

am going to read out a few selected statistics here now the Labour Standards

Division received a total of 1,996 complaints.

That is over that four-year period.

There were approximately 176 complaints carried over from the previous

years, for a total of a little over 2,000 2,172 complaints.

That is for all workers in Newfoundland and Labrador.

Of the 2,172 complaints, 1,769 complaints were resolved in early

resolution mediation and 319 complaints were resolved through formal

investigation. What I am trying to

point out here is that there is legislation in place in this Province and there

are actions our civil servants can take when we see something that is not right.

We are doing the work that needs to be done to protect the workers of

this Province.

Here is another interesting statistic as well, Mr.

Speaker, and I talked earlier about we do not think these incidents of abuse are

very high in this Province. A total

of four complaints were filed by temporary foreign workers for the period April

1, 2009 to March 31, 2014. The

nature of complaints includes notice of termination, vacation pay, overtime, and

wage protection. Of the four

complaints filed by temporary foreign workers, two were resolved in the early

resolution stage and two were escalated to formal investigation.

Of the two escalating cases, one complaint had an investigation report

issued, but the complaint was withdrawn by the complainant, and one case remains

under active investigation. Again,

the incident rates for these things happening in Newfoundland and Labrador are

not that great. We know we need to

do more, and this is the point I will probably make now in another few minutes.

Again, the bottom line here is the Labour Standards Act

is strong, it has teeth, and it has served the people of the Province very well.

Saying that, we are always looking to improve and modernize the

legislation. I just had a scrum

outside a few minutes ago on public procurement.

We are always looking at ways to modernize legislation, and when we do

modernize we have to make sure we have it right.

This is what we are doing in this case.

We recognize that our labour legislation is in need of

review and updating to meet the changing needs of our workplaces in our Province

and indeed in our country. Mr.

Speaker, we have not been sitting idle.

The people within the Labour Relations Agency have been attuned to this

situation overall in terms of the Labour Standards Act and the Temporary Foreign

Worker Program for a while. They

have been doing some good work around this.

They have done jurisdictional reviews to find out what

is happening elsewhere. That work

has been done, Mr. Speaker. I have

it on my desk and I have read through it.

It is very interesting, I must say.

There are recommendations as well on my desk about how we are going to

proceed with the legislative review process.

It has only been a few months since I have been here,

Mr. Speaker, but I know they have been working on this for at least two years on

this activity. Moving forward, a

legislative review and the review process is going to happen and it is going to

happen soon.

Mr. Speaker, we are not only talking about the Labour

Standards Act; we are talking about legislation around recruitment and

protection of temporary foreign workers.

Again, this work has been ongoing for quite some time.

The plans are in place and I have been working very closely with my

officials. Every discussion we have

and every briefing I have had in the last two weeks we are talking about this.

When I saw the private member's resolution on deck here

and on the Order Paper on Monday I was not surprised.

It has been in the media in the last little while.

We have been doing the work; we are ahead of this, Mr. Speaker.

Somebody could argue that perhaps we should have been doing this a while

back, but that is an argument and that is a discussion for another day.

We are doing the work. We

have been doing the work and it is the direction we want to go in as a

government.

Mr. Speaker, I have a couple of minutes left, but I

just want to talk about how we are going to go about doing this work.

We certainly want and we need to have a Temporary Foreign Worker Program

in this Province. We understand the

needs for it. We understand we need

to improve our immigration attraction and retention.

I think everybody understands that.

There is one overriding theme when we look to reforming

legislation when it comes to these areas, when it comes to reforming

legislation, and when it comes to the Labour Standards Act for instance.

We need to consult with all the key

stakeholders before we move forward on anything, Mr. Speaker.

We are committed as a government to do that.

We need to fully engage interested groups, the public, employers,

employees, labour and industry, in consultations before we make decisions on

which direction to go. The amendment

speaks to that.

We will not be moving ahead on any legislative changes

until we have heard from all the key stakeholders, so we are going to start that

process, Mr. Speaker. I will be

meeting with my officials next week to continue to move ahead the work they have

been doing and have been engaged in for quite some time.

We will conduct this review with the Labour Relations

Agency, and while we are doing this we will continue to fulfill the mandate

under the Labour Standards Act, which I referred to earlier as doing a very good

job of protecting all the workers in this Province, no matter where they are

from or what corner of the earth they are from.

We will continue to do exactly the good work that needs to be done to

make sure all workers in this Province are working in a healthy and safe

environment and they are protected from any abuses that are out there.

Mr. Speaker, temporary foreign workers, foreign workers

who are coming here to this Province, contributes to our society immensely.

They pay their taxes. They

rear their families here. They add

something to our cultural identity.

Our government is committed to making sure they are welcome at every step of the

way, that they have the same protections of any other worker in this Province

and in this country, for that matter, and we encourage them to bring their

friends and bring their families, to move here, to stay here, and to put down

roots here. This is our future;

Newfoundland and Labrador needs more people.

We know that we need to take care of our people first in order to get

them trained up and skilled enough for the jobs that are available, but there

are more jobs that we have for the people we have here.

Mr. Speaker, I am going to certainly vote for the

amendment. I think it is a good

amendment. I think there is work to

be done. As Minister Responsible for

the Labour Relations Agency, I am prepared to step up to the plate and do my

part for the benefit of all Newfoundlanders and Labradorians and all new

Canadians who land on our shores.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

Order, please!

The hon. the Member for Signal Hill Quidi Vidi.

MICHAEL:

Thank you very much, Mr. Speaker.

I am very pleased to be able to stand today and speak

to this private member's resolution regarding foreign worker recruitment and

protection. On the surface it all

looks very simple, but in actual fact we are dealing with something that is

quite complicated.

I think we can recognize that perhaps this resolution

has been brought to the floor because of situations over the last few weeks in

Canada and here in Newfoundland and Labrador where abuses of the program were

identified. We know specifically we

have one case in this Province that is being investigated.

I think that probably is what has prompted this resolution to come to the

floor.

First of all, I want to express my concern about the

way in which the federal government has acted because I think we do have to

recognize this is a federal government program.

The investigations that are going on are investigations that are being

carried out by the federal government.

I think we all recognize that the federal government has had a knee-jerk

reaction to the abuses. I think that

is something that has to be said.

I am very glad that they are investigating.

The investigations are absolutely essential and I hope that if they are

going to maintain this program, the program for low-skilled occupations, that

the investigations will lead to improvement of the programs, but the thing is we

do have people who are being affected by the knee-jerk reaction of putting a

moratorium on the program before the reports are done.

The moratorium means that there are foreign workers here in our country

now that are in a very insecure situation with families in their home countries

depending on them.

I, first of all, do want to name that injudicious act

by the federal government of having this knee-jerk reaction.

That is very, very disturbing.

I think we need to name it and I think there may be some foreign workers

here in our own Province who have been affected by that knee-jerk reaction.

That is the first thing I want to comment on.

The second thing I want to comment on is what is

happening with the federal government's policies because they affect us.

The federal government, this very government that has put in place or

the temporary foreign workers have been there for a long time, but this federal

government has been becoming very restrictive in allowing people into Canada,

allowing immigrants into Canada who can become residents of Canada, permanent

residents, get work permits, go on and become citizens.

They are putting great limits on that so that somebody wanting to come in

and ordered to do nothing but to start at a low-skilled occupation.

They themselves may have a lot of skills but are willing to start at a

low-skilled occupation.

You do not get into Canada now to start at a

low-skilled occupation. The

restrictions on immigration have become very, very hard by this federal

government. It is very interesting

that at the same time they have done that, at the same time they have made it

harder for people to come in as immigrants and to take up low-skilled

occupations, they are opening up the Temporary Foreign Workers Program.

In other words, they are saying: Well, you can come and do the

low-skilled work, but we do not want you here permanently.

This is the conundrum we are facing and it something we have to name.

That is something this House does not have control over; it is the

reality of what the federal government is doing.

We have to look at: What is it we have control over?

What is it we can do? I am

very disappointed with the amendment the government has put forward.

I was not satisfied with the resolution because I did not think the

resolution went far enough. The

resolution that was put to the floor was, that this House of Assembly urge

Government to implement a Worker Recruitment and Protection Act similar to Nova

Scotia or Manitoba which would require an employer registration process as well

as a licensing requirement for companies/individuals recruiting foreign

workers.

Now, I thought that did not go far enough because even

though it talked about the Manitoba and Nova Scotia acts talked about

implementing acts similar to theirs, it then limited the vision down to nothing

but employer registration and licensing.

There is so much in those two acts that would be needed that I would have

hoped the resolution would have actually listed other things from those acts

that would be a requirement. While I

would have voted for that resolution, it would have been at the same time saying

it is very limiting.

Now that the government has made an amendment, it makes

it impossible to vote for because their amendment limits completely.

Their amendment is that this House of Assembly urge Government to

implement worker recruitment and protection legislation which would require an

employer registration process as well as a licensing requirement for

companies/individuals recruiting foreign workers.

The only thing they are interested in is the licensing and the

registration.

That is so limiting.

It is very disturbing because licensing and registering are nothing.

At least, I suppose, we would have the name of the companies that are

doing the hiring, but that is so limiting.

We need much more than that, and this government does not seem to realize

it.

I am not comforted by the minister speaking about what

else they are going to do and it is going to happen.

Well, we have legislation in the House this week we have been dealing

with, whistleblower legislation, that they told us for seven years was going to

happen, so I cannot be comforted by this government over here saying we are

starting with this and we know we are going to build.

I do not trust that because their history is not very good.

What I want to do is talk about the legislation that is

needed. If the Temporary Foreign

Worker Program exists in this country, and it does, and if it is going to

continue, then obviously people are going to use it; but we have to make sure

that if they use it, it is going to be something that is also good for the

people they are hiring. I want

nothing more than to have people free to come to our country and to work here,

to live here, and to want to become citizens of Canada.

I think it is absolutely essential for our population growth that it

happens. That is something, and I

think some of my colleagues have mentioned it, they have been able to do in

Manitoba, and do very well, where their retention rate of newcomers is 85 per

cent, but you do not get that from temporary foreign workers.

Temporary foreign workers in the category we are

looking at here today, what I am looking at, temporary foreign workers under the

low-skilled occupations designation, can only come for twenty-four months and

they have to go back to their country.

They can, while they are here, be transferred from one employer to

another, but they have to go back to their country.

If they decided to apply to try to get into Canada, they cannot use those

twenty-four months as something that gets looked at as a positive that helps

them come into Canada if they wanted to do it.

The limitations of the Temporary Foreign Worker Program with regard to

the future of people who are in it are problematic.

If it exists, then we have to make sure we have what is needed to protect

the workers.

In Manitoba, for example, and the minister has heard me

say this prior to today when I have raised it in the House last week, but I am

going to do it again because it is so essential, they have absolute protection

with regard to migrant workers, and that is the category under which temporary

foreign workers fall. In Manitoba,

they have a special investigations unit that is under their labour standards

legislation, and this unit is there for one reason only: the unit is there to

protect migrant workers. It is not

complaint based, as our labour standards are; it is proactive.

In other words, it does not depend on a worker complaining because they

recognize that migrant workers or temporary foreign workers do not have freedom

inside of themselves. They know they

are here under certain circumstances, and the chances of their complaining with

regard to the workplace they are in are very low.

That is why Manitoba realised they had to have

legislation that was proactive. They

have somebody who is assigned to go out to the workplaces, to the employers who

are registered and licensed, to go out there on a regular basis without warning

they are coming to investigate the working and living conditions of the migrant

workers and of the temporary foreign workers.

They do not wait to see if somebody is going to complain.

That is what we need. That is

the kind of legislation we need.

That is one of the things they do under this legislation.

Another thing the Employment Standards division does is

it educates employers, it educates communities and workers, and it partners with

community groups to provide training on rules and protections.

It does worker awareness sessions as part of the workplace

investigations. Those sessions would

include everybody who is working in a workplace and would include those who are

temporary foreign workers and those who are not.

They are very proactive in making sure the workplace is a good work