November 29, 2006 HOUSE OF ASSEMBLY

PROCEEDINGS Vol. XLV No. 32

The House met at 2:00 p.m.

MR. SPEAKER (Hodder): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: This afternoon we have members' statements as follows: The

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

District of Conception Bay South; the hon. the Member for the District of

Windsor-Springdale; the hon. the Member for the District of Cartwright-L'Anse

au Clair; the hon. the Member for the District of Grand Falls-Buchans; and the

hon. the Member for the District of Terra Nova.

The Chair apologizes, the order had to be slightly changed. The Chair will

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

MS FOOTE: Thank you, Mr. Speaker.

Luke Pike, a twenty-two-year-old joint honours chemistry and biochemistry at

Memorial University, St. John's campus, is the 2007 Rhodes scholar elect for

Newfoundland and Labrador.

Originally from Grand Bank, Luke embodies the traits defined in Cecil Rhodes'

will: intelligent with scholastic attainment, successful athleticism, service to

others and instinctive leadership.

Luke is a recipient of numerous Memorial and national awards and has received

a 3.97 Grade Point Average in his course work. As well, Luke received NSERC

Undergraduate Summer Research Awards to further his research work on uterine

smooth muscle and oncogenes.

The University of Oxford provides an excellent setting in which he will

pursue a Dr. of Philosophy in Medical Oncology at the Weatherall Institute of

Molecular Medicine.

According to Luke, he plans to study the molecular mechanisms of angiogenesis

and hypoxia- induced signal transduction in breast cancer. The exceptionally

important work has direct clinical application to treating breast cancer.

Ultimately, Mr. Pike will pursue a medical career.

Luke speaks of finding balance in his hectic life. He moves with ease among

academic commitments at Memorial, as well as volunteer activities in campus food

banks, Camp Delight oncology camp, campus food bank board member and member of

the St. John's Ambulance Brigade.

A world-class competitive powerlifter, Luke is the current provincial record

holder in the 110 kg JR Men Deadlift. He ranks third in his class in Canada. His

other athletic involvements include softball, swimming, cross country running

and mountain biking. He is an accomplished pianist. Luke has been actively

involved in community activities throughout his life. He speaks passionately

about his family experiences in rural Newfoundland, including hunting and

fishing. He has been a leader in his university peer group through his role as

Academic Don.

Luke has a keen sense of humour, mature interpersonal and leadership skills.

He looks forward to his experience at Oxford where he will not only pursue

academics but also hopes to join the Oxford Varsity Powerlifting Club. Mr.

Benjamin Banks has already invited him to training weekends in Southeast London

with the international calibre group, British Barbell.

Rhodes Scholars are elected for two years of study at the University of

Oxford with the possibility of renewal for a third year. All educational costs,

such as matriculation, tuition, laboratory and certain other fees, are paid on

the Scholar's behalf by the Rhodes Trustees. Each Scholar receives, in

addition, a maintenance allowance adequate to meet necessary expenses for

term-time and vacations. The Rhodes Trustees cover the necessary cost to travel

to and from Oxford, and upon application, may approve additional grants for

research purposes or study related travel.

Luke is the son of Ruth and Roy Pike.

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

Luke Pike.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Conception Bay South.

SOME HON. MEMBERS: Hear, hear!

MR. FRENCH: Thank you, Mr. Speaker.

I rise today to congratulate the Kiwanis Club of Kelligrews on celebrating

their fiftieth anniversary. This phenomenal group of dedicated volunteers have

contributed so much to our community. For fifty years, the various fundraising

efforts of this service group have helped to enrich our community and residents.

We certainly appreciate their efforts.

Mr. Speaker, I would like to take this opportunity to recognize some very

outstanding individuals who have given so unselfishly of their time: Mr. Roy

Tilley, a twenty-five year Legion of Honour Member; Bert Coates and Robert

Gullage, thirty year Legion of Honour Members; Ed LeGrow and J. Charles Taylor -

my godfather, I might add - a forty-five year Legion of Honour member; and Mr.

William Butler, a fifty year Legion of Honour member and the last living carter

member of the Kiwanis Club of Kelligrews.

As well, I would like to commend the club executive and members in organizing

the anniversary celebrations and for the work they do each day in the name of

community service.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

I rise today to congratulate a delegation from the South Coast of Labrador

who participated in the seventh annual International Search and Rescue

Competition. The South Coast Labrador Team won the trophy for top Canadian team,

and the international trophy as the best team overall among the Canadian and

American entries.

Mr. Speaker, this competition was hosted by the United States Coast Guard

Auxiliary on October 25 in Portsmouth, Virginia. The team comprised of Trevor

Larkham of William's Harbour, Kevin Normore, Chester Davis and Darrell O'Brien,

all of L'Anse au Loup, along with their district director Marcel O'Brien,

also of L'Anse au Loup, who had a successful completion winning three

individual events heaving line 1, heaving line 2, and pump operations.

Mr. Speaker, Canada sent six teams representing the six Canadian Coast Guard

Auxiliary regions, Newfoundland and Labrador being one of them. Also, the United

States had six teams competing in this competition.

This is a significant accomplishment and I am very proud of the recognition

that they have achieved for Canada, for Newfoundland and Labrador, and most

importantly for the great District of Cartwright-L'Anse au Clair.

Mr. Speaker, I ask all Members in this House of Assembly to join me in

congratulating Trevor, Kevin, Chester, Darryl and Marcel, the Southern Labrador

Team from Newfoundland and Labrador who won Top Canadian and Best Overall Team

at the seventh annual International Search and Rescue Competition.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Windsor-Springdale.

MR. HUNTER: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to congratulate Eva Keefe of Grand Falls-Windsor on

publishing her first children's book, A2Z Just 4 Me . Eva held her book

launch last Friday, November 24, at the Mount Peyton Hotel. This book was

written and illustrated by Eva and is an educational and colourful book that all

children will love.

Eva came from a large family and had to quit school during her high school

years. She was determined to complete high school and go on in her education. In

1982, she completed her GED, and in 1988 finished her secretarial training. In

1996, Eva found her speciality when she graduated from the Special Needs

Teachers' Aide Program and is working with special needs children through the

Nova Central School Board. It became a dream of Eva's to write a children's

book, and this she did.

Please join with me to congratulate Eva Keefe for her determination to have

this book published.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Falls-Buchans.

MS THISTLE: Thank you, Mr. Speaker.

Mr. Speaker, during this past summer the Town of Grand Falls-Windsor held

their Youth of the Year Awards, and today I rise to congratulate Ms Carla

Saunders who was awarded the 2005 Grand Falls-Windsor Youth of the Year.

Karla is an eighteen-year-old Grade 12 Exploits Valley High School student,

and daughter of Peggy and Carson Saunders. She was one of fifteen nominees who

had an extensive volunteer resume to back up her nomination. Among her numerous

extracurricular activities, the Grade 12 student is a member of the Bel Cantos

Choir; she volunteers with the Canadian Cancer Society's Relay for Life

fundraiser; she is a blood donor; a member of the EVH Chorale; a cafeteria

worker at her school; a member of the society action committee; a volunteer with

the student leadership conference hosted by the high school; past vice-president

of the student council; a graduate of the Grand Falls-Windsor Fire Department's

Junior Firefighters Program, and a canvasser for the Kidney Foundation and the

Diabetes Association.

Mr. Speaker, the nominees were: Carolyn Hatt, Alana Noftall, Andrea Noftall,

Laura Alteen, Leslie Sullivan, Kayla Saunders, Stephanie Hillier, Lauren Furey,

Terri-Lynn Philpott, Sara Pinsent, Jessica Moores, Jonathan Clarke, Christopher

Thompson and Laura Stoodley.

Mr. Speaker, the Town of Grand Falls-Windsor is very fortunate to have so

many young people who volunteer their time to enhance the lives of the residents

of our community, and I am pleased and proud that the town has recognized their

contribution.

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

congratulating Ms Carla Saunders, the 2005 Grand Falls-Windsor Youth of the

Year.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Terra Nova.

MR. ORAM: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to congratulate five students from my district:

Travis Oldford of Musgravetown; Michael Simmonds of Canning's Cove; Dustin

Wiseman of Bunyan's Cove, Robert Collins of Glovertown, and Jocelyn Button of

Dover. These five young individual were recently awarded Electoral Scholarships

for the District of Terra Nova. The scholarship, valued at $1,000, is provided

by the Government of Newfoundland and Labrador and chosen by the Department of

Education. This award recognizes students who have accomplished outstanding

academic levels.

Mr. Speaker, undoubtedly, each of these students will move on to attend a

post-secondary institution. They have set a high standard of achievement for

themselves thus far, a high standard they will carry in all their future

academic pursuits.

Mr. Speaker, I would ask that all hon. members join with me in congratulating

these five students, as well as all other students across this Province who were

awarded scholarships for their high academic achievement.

Thank you, Mr. Speaker.

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, this morning I had the pleasure of attending the

official opening of the new Murphy Centre and seeing first-hand the results of a

strong community-government partnership and a lot of hard work.

With a $1 million investment from this government, Mr. Speaker, the Murphy

Centre will now serve clients from its new location at the College of the North

Atlantic on Prince Philip Drive.

The Murphy Centre was established in 1986 and is the only learning centre of

its kind in Newfoundland and Labrador. It provides academic, career and life

skills services to young adults. This includes the High School Credit Program

and the Adult Basic Education Program. The services are tailored to the

individual and have helped many students achieve academic and career success.

The new location is a modern new facility and is fully accessible. Although

the Centre is now located at the college, it is still an independent, distinct

learning environment.

Countless hours were spend by the volunteer board of directors, the

administration and the Department of Education to bring this project to

fruition. I would like to recognize the contribution of all those involved who

have worked diligently to help ensure the continued operation of the Murphy

Centre.

Mr. Speaker, this government is making unprecedented investments in programs

that support our young adults. We have allocated $1.2 million to reach more

people who want to take Adult Basic Education, $650,000 to expand the

Comprehensive Arts and Science College Transition Program, and an increase of

over $150,000 for Adult Literacy Grants.

As a government, it is our responsibility to work with our partners to

provide the best learning opportunities possible.

On behalf of this hon. House, Mr. Speaker, I offer congratulations to

everyone at the Murphy Centre, and wish them continued success in their new

home.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Thank you, Mr. Speaker.

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

that we on this side of the House also want to congratulate all those involved

in seeing the improvements, I guess, to the Murphy Centre in their new location

on their official opening.

I have to say, Mr. Speaker, I guess when it comes to putting money into

education, whether it is adult literacy or the ABE program or what have you, it

is good to see funding going in to help those who are trying to advance

themselves.

I would like to call upon the minister today, after doing so on several

occasions over the past couple of weeks, to stop turning a blind eye to any

potential hazards that may exist in our elementary and high schools throughout

this Province.

As we know, again this week another school had to be closed because of

potential hazards for students and teachers. I would call upon the minister to

plead with the Minister of Finance to come up with a measly $100,000 from the

$15 million that they can give away so easily, Mr. Speaker, and see that a full

environmental assessment is done in each and every school in this Province, so

that the teachers and students can go to school without any concerns of what may

happen to their health.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Labrador West.

MR. R. COLLINS: Thank you, Mr. Speaker.

I thank the minister for a copy of her statement in advance.

This is an important topic, Mr. Speaker. A lot of young people drop out of

the school system for a huge number of reasons and many times want the

opportunity to go back and be able to improve their lot in life and further

their education. I think the statement that was read in the House today by the

Member for Windsor-Springdale is a classic example of what a person can achieve

when they do this.

Mr. Speaker, we, too, would like to thank all the people who were involved in

making this a reality, but I will say to the minister, that in rural areas of

the Province we need more accessability for programs like this.

MR. SPEAKER: Order, please!

The hon. member's time has expired.

MR. R. COLLINS: By leave, Mr. Speaker?

MR. SPEAKER: By leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: Leave is granted.

MR. R. COLLINS: We need more accessability for people who want to do

this, people who want to sign up, write and study for the GED exams. Many times

they only have the opportunity on one or two occasions per year when enough

people sign up to warrant having someone administer the exam. While this is good

news, Mr. Speaker, I think it is important for the minister to become active and

make sure that people in other areas of the Province have similar opportunities

to further their education.

Thank you.

MR. SPEAKER: Further statements by ministers?

The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Thank you, Mr. Speaker.

I rise in this House today to inform my colleagues about the results achieved

in our tourism industry so far this year.

Preliminary figures indicate, Mr. Speaker, a positive tourism year again in

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Mr. Speaker, we anticipate a 6 per cent overall increase

this year, with non-resident visitors to this Province expected to number

approximately 498,000, with related expenditures of $356 million.

This growth is fueled mainly by leisure travellers coming to this Province by

air and cruise ships. Non-resident airline visits rose by about 13 per cent up

to the end of September this year. Cruise ship passengers are expected to number

40,000 for 2006. This will be an increase of 11 per cent over 2005 and 57 per

cent over 2004.

As well, we also had another very busy convention year. Convention activity,

traditionally concentrated in the spring and fall periods, continued through the

summer peak in 2006.

Total tourism spending in the Province, by both residents and non-residents,

is estimated, Mr. Speaker, at $838 million. Industry revenues have increased

steadily in recent years, fueled by the growth in non-resident visits. These

results demonstrate our continued investment in our tourism sector and our focus

in aggressively marketing Newfoundland and Labrador to the world.

A decline was recorded in the number of non-residents travelling by

automobile to our Province but this was not unexpected, given fluctuating gas

prices. Mr. Speaker, we addressed this challenge with innovative and strategic

approaches.

In June, we launched our No Place Like Home campaign, which encourages

residents of our Province to vacation right here, in Newfoundland and Labrador.

It focuses especially on enhancing the tremendous tourism potential in our rural

areas of the Province. This Province is a spectacular vacation destination and

provides a wonderful experience for visiting tourists and for Newfoundlanders

and Labradorians. The campaign has been very well received within the tourism

industry and by our target audience, the residents of this Province.

As well, Mr. Speaker, this year we partnered with Discovery Trail Tourism

Association to implement an exciting fall advertising pilot project. This

project has generated very positive feedback, especially from the thirty-eight

tourism industry operators who partnered with us.

Mr. Speaker, these campaigns demonstrate this government's proactive

commitment to aggressively market this Province at home and abroad. The

achievement of a 6 per cent overall increase in our numbers this year speaks for

itself and we will be working hard to ensure these increases do continue.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. ANDERSEN: Thank you, Mr. Speaker.

I thank the minister for an advanced copy of his statement.

Certainly, tourism plays a key role in this Province. Mr. Speaker, I am sure

that if we went to a lot of areas in rural Newfoundland we would find that

tourism is down. When you see people on television, where they have to close

down the business they have operated in rural Newfoundland for years and a whole

family moves on to Alberta, Mr. Speaker, there is concern.

Minister, you said No Place Like Home, and you mentioned the part about the

increasing tourism by air. Well, Minister, we have people in Labrador who are

finding it almost impossible to travel to the Island or St. John's for medical

reasons, let alone for tourism. So when you campaign on No Place Like Home,

Minister, I would like to refer you back to the riding of Torngat Mountains, a

place where one of the largest caribou herds roam, the polar bears, the

mountains; it is all there.

Minister, I would encourage you and your government to make No Place Like

Home a place where people can afford to travel in this Province, and I am sure

that enhanced tourism in Newfoundland and Labrador is something that is very

dear to our hearts.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

Thanks to the minister for the advanced copy.

Obviously, I am glad to see some good news in this report, but I would like

to know: What are the benefits to the workers who work in this industry? I know

that in my district there are many people who benefit from spin-off industries

because of tourism, but most of them work for minimum wage or just above minimum

wage.

I would encourage the minister to consider the fact that if the government is

going to continue developing this industry, that we have to look to the needs of

the people working in this industry and we have to deal with the minimum wage,

because it is so essential to this industry if workers are going to stay there.

At the same time, this industry is a seasonal industry and I am glad to see some

efforts with regard to working with the Discovery Trail Tourism Association.

MR. SPEAKER: Order, please!

The hon. member's time has lapsed.

MS MICHAEL: By leave, please?

MR. SPEAKER: By leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: Leave is granted.

MS MICHAEL: Thank you, Mr. Speaker.

Just to finish, with regard to the seasonal dimension of this industry, I am

glad to see that you partnered with the Discovery Trail Tourism Association.

This was one effort. I think an awful lot more efforts like this are going to

have to happen to make tourism a full year industry. With a raised minimum wage,

at least to $10 an hour and a full tourism industry all year round, then we

might see some benefits to the workers in our Province.

Thank you.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

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

MR. REID: Thank you, Mr. Speaker.

When asked yesterday in the House of Assembly to table an analysis of the

fibre optic deal completed by the Department of Finance, the Minister of

Innovation, Trade and Rural Development refused to reference this document and,

instead, reverted to the Electronic Warfare Associates report, not the document

I referred to.

Minister, from sources within your own department, we have been advised that

the analysis conducted by the Department of Finance certainly paints a different

picture of the fibre optic project and is not supportive of the decision to

invest $15 million of taxpayers' money.

I ask the minister: Will you, today, table this analysis completed by the

Department of Finance?

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

When the question was raised in the House, I think, yesterday, I am not sure,

or the day before, and he talked about an analysis and report done by the

Department of Finance, I was completely unaware if there was any report done by

the Department of Finance on this issue. I asked my officials if there was

something done, and I will give him the answer, exactly what was done.

Any papers prepared for Cabinet, with any financial implications, my

department looks and does financial input to any department's paper that has a

financial impact. They include that - and they sat on this side of the House -

in the paper that comes to Treasury Board, if it is on a financial matter, and

then goes on to Cabinet, which is included in it.

Here is what they recommended. They recommended that we should hire someone

with expertise in the communication industry to do a report, and we should have

a chartered accounting firm look at that.

My colleague can speak well to that, but my understanding is, and I am quite

aware, that expertise in the industry was hired on our recommendation, which is

EWA. My understanding is, they subcontracted a chartered accounting firm, Frouin

& Associates, to do that, and that is inclusive in that report. My colleague

can certainly comment on the report - I will not - but that is the standard

input that is done on any Cabinet paper, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MR. REID: Minister, now that you have found out about the question we

asked you yesterday and again today, will you table the information that was

forwarded to the department or to the Cabinet?

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

I will indicate that any advice that goes in a report to Treasury Board and

Cabinet is included as a part of a Cabinet paper. It is not subject, and we

cannot put it public, but I will tell him what recommendation went to Cabinet on

this issue.

My department supports this initiative and the project, based on the project

itself. They give support to this project because of the economic and other

advantages to the Province. That is the recommendation of my department that

went to Treasury Board and it went to Cabinet on this issue.

I do not know what the hon. member is talking about.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Mr. Speaker, it is obvious that the minister and this

government are hiding something.

I asked you to table the analysis. Obviously, you admitted that your

department did an analysis and forwarded some suggestions to Cabinet. We want to

see what analysis was done, what information was passed on to you to pass on to

your Cabinet colleagues.

Obviously, you are trying to hide something or you would table it. Mr.

Speaker, I will ask him to find that information and table it.

To get on to another issue, last spring the government of this Province

amended the FPI Act to strengthen it for the benefit of the FPI employees in

this Province. One amendment was to increase the number of board members who

were required to be resident of this Province. It is our understanding that FPI

is refusing to do this until next spring, almost a full year after the

amendments were made.

Why are you allowing FPI to dictate when and if they will abide by the laws

of this Province?

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, it is my understanding, in my deliberations with the Minister of

Fisheries and Aquaculture on this issue, that they have had substantial

discussions with FPI on this issue. There were a number, as the Leader of the

Opposition has suggested, of amendments made to the Fishery Products

International Act last spring. My understanding, Mr. Speaker, is that there have

been deliberations between the company, the department and the government on

this issue and on other matters flowing out of those amendments.

He is correct in saying that the changes will not be fully implemented until

the shareholders' meeting and the AGM that takes place, or their annual

meeting that takes place in the spring of 2007.

Mr. Speaker, there has been no refusal on the part of FPI to comply with the

legislation; however, Mr. Speaker, it does require some time for them to fully

implement that. That was certainly understood, Mr. Speaker, last spring in the

debate here in the House of Assembly. It was understood by the Opposition, it

was understood by the government, and certainly well articulated by the Minister

of Fisheries and Aquaculture at the time.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

It was not understood by the people on this side that FPI was going to be

given a year to live by the laws of the land, I say to the minister. John Risley

and his group might be able to tell you when and if they will obey the laws of

this Province, but certainly it is not good enough for us over here. I say to

the minister: Do your job. Enforce the laws of the land and tell FPI that it is

the Government of Newfoundland and Labrador who will say when and if this is

going to be done, not Mr. Risley and his board of directors.

Mr. Speaker, John Risley recently stated publicly that even if his company,

FPI, could reach a collective agreement with the workers on the Burin Peninsula,

that the FPI plant in Marystown would not open until the FPI Act was abolished.

I ask the minister: Are you even considering this ultimatum, and what are you

doing to give the people of the Province some confidence that this will not

happen?

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, I think that our actions on the FPI Act as they relate to

amendments to strengthen the FPI Act, unlike the actions of the previous

Administration, speak volumes about how seriously we consider the future of this

company.

Mr. Speaker, there is no entertainment of any notion to strip the FPI Act.

There is no entertainment of any notion to abolish the FPI Act. We have said,

Mr. Speaker, to the industry in Newfoundland and Labrador, and to the Fishermen's

Union of Newfoundland and Labrador, when the Premier and Minister Hearn met with

them back in June, I believe it was, that we were prepared to look at some

creative ways of dealing with the dilemma at FPI, including, Mr. Speaker,

assisting the industry in taking over the marketing arm dealing with the

Newfoundland and Labrador assets and what have you.

That offer was on the table for quite a period of time. The industry and the

Fishermen's Union could not put together a deal, and walked away from it:

however, I will say this: We are still interested in dealing with the FPI file

and we will deal with it in the best interests of Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

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

MS FOOTE: Mr. Speaker, the workers at Clearwater's operation in Grand

Bank are in negotiations with their employer, who happens to be John Risley.

Just as Mr. Risley expects the workers at FPI in Marystown to take a $2 an hour

cut in wages, he now expects the same from his employees in Grand Bank. Is it

any wonder that Mr. Risley would continue the trend of robbing from the poor to

make the rich richer, when the Premier backed Mr. Risley in suggesting the

employees in Marystown should take a cut in wages? This from a Premier who told

the people of the Burin Peninsula he would stand shoulder to shoulder with them.

Instead, he is standing shoulder to shoulder with John Risley.

I ask the Premier: Do you support Mr. Risley in his demands that the

employees of Grand Bank Seafoods take a $2 an hour wage cut as well as other

concessions?

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, I do not believe that the member's information is accurate as

it relates to a request for a $2 an hour wage cut. Anyway, I do understand that

in negotiations between the FFAW, who represent the Clearwater workers at Grand

Bank, and Clearwater, that there are concessions being sought by the company. I

understand also they are primarily related to the issue of time off and other

benefits; however, Mr. Speaker, that is not the issue.

The issue is, my understanding is, that the company and the union have

requested a conciliation officer. My understanding is that request is into the

department, and I understand that in short order a conciliation officer will be

appointed.

SOME HON. MEMBERS: Hear, hear!

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

MS FOOTE: Maybe the minister can check out the number, Mr. Speaker,

because clearly it is a $2 an hour wage cut, or more.

Mr. Speaker, when will the Premier acknowledge that this is about more than

making the shareholders of big business wealthier? I say wealthier, Mr. Speaker,

because both FPI and Clearwater continue to make a profit.

When we speak about the Burin Peninsula, we are talking about rural

Newfoundland; and, like other parts of our Province, the population is dwindling

daily in the rural parts of our Province. Premier, do you not see the irony in

agreeing with John Risley that workers on the Burin Peninsula should take a cut

in wages while you spend $8,000 on sealskin coats for Ralph Klein and his wife,

and more than $200,000 for one night of entertainment and booze for visiting

Premiers?

MR. SPEAKER: The hon. the Minister for Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

I suppose, in response to the final part of her question, the next time that

the Premier and the Government of Newfoundland and Labrador hosts a Premiers'

Conference in Newfoundland and Labrador, when we send out the invitations, Mr.

Speaker, we will put on it: Bring your own booze.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. TAYLOR: Now, the fact of the matter is, Mr. Speaker, we have invested

heavily in rural Newfoundland and Labrador. When we took over government, the

Innovation, Trade and Rural Development funding pot, Mr. Speaker, was empty

under her watch as minister.

The fact of the matter is, we have implemented a Regional Sectorial

Diversification Fund with $5 million available for grants for non-profit

organizations eighteen months ago. It did not exist under their watch, Mr.

Speaker. We brought in a Small and Medium Sized Enterprise Fund to the tune of

$8 million the first year, $10 million the second year, roughly $18 million

available in a pot now to support small and medium sized enterprises in

Newfoundland and Labrador. We brought in an innovation strategy, a

commercialization component, and a research and development component, Mr.

Speaker, that did not exist under their watch.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Member for Carbonear-Harbour Grace.

MR. SWEENEY: Thank you, Mr. Speaker.

I guess that attitude is spreading over there, Mr. Speaker, cavalier

attitude, spending over $82,000 in one evening on food and booze.

Mr. Speaker, maybe that $82,000 could be spent on this next question. Many

people in this Province are faced with a situation where they cannot get

something as basic as a family doctor. Recently I received calls from the Heart's

Content, Winterton area, telling me that the last doctor was retiring from the

area, leaving over 1,700 patients without medical services.

I ask: What does the minister expect these people to do if they need health

care and do not have a doctor in their area?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Thank you, Mr. Speaker.

Mr. Speaker, today this Province has more doctors in place than we have had

at any time in our history, and the statistics will show that, and let me say

that the population is smaller now with a greater number of doctors than we have

ever had in our history with a larger population.

Mr. Speaker, let me say that a fee-for-service doctor is something that the

provincial government does not control. We do try and help the regional health

authorities, and through the department, through the provincial government, we

do try to assist in finding fee-for-service doctors, but the provincial

government are not responsible for a private practice which is a private

business, which is what the fee-for-service doctors are.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Carbonear-Harbour Grace.

MR. SWEENEY: What the minister is saying, Mr. Speaker, is that there is

no shortage of doctors in that area. Well, there are 1,700 patients over there

looking for medical services.

Mr. Speaker, because of the shortage of doctors in the area people are forced

to use the emergency service at Carbonear General Hospital. This is causing that

facility to be stretched to the limits.

I ask the minister: What is the Department of Health going to do to resolve

this situation before we have an even more serious problem develop because of

the backups at that hospital?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, the Department of Health and Eastern Health

will continue to work on trying to find fee-for-service doctors for that area.

We are not responsible for fee-for-service doctors. We understand, Mr. Speaker,

that even while that party was in government in this Province there were

shortages of doctors in certain areas, but I can say that under this government

we have increased the number of doctors, and, per capita, we have the largest

number of doctors in this Province than in any other region in all of Canada.

Now, that does not mean that there is not a shortage in Carbonear, it does not

mean that there may not be a shortage in another community in the Province, but

we will work to try and find those physicians. From time to time, because they

are private fee-for-service doctors who operate a private business, we will find

shortages in certain areas.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Carbonear-Harbour Grace.

MR. SWEENEY: Mr. Speaker, the minister has acknowledged there is a

problem but what is he going to do about it? He has not explained that part of

it yet.

Mr. Speaker, this is the same minister who was in the Department of

Environment, acknowledging the problem there, and left the Avalon Peninsula

almost bankrupt, every municipality, trying to get their garbage disposed of.

Mr. Speaker, this is the situation. People have to travel long distances to

see a doctor. Two long-term care facilities on the Trinity shore are without

attending physicians. Emergency services are being comprised.

I ask the minister: Does he realize there is a full-blown doctor shortage in

the Conception Bay North and Trinity Bay area? If so, when are you going to wake

up and do something? Do not talk about it, do something.

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, first of all, I am surprised that he used to

be a minister because he knows that garbage collection comes under Municipal

Affairs.

Having said that, Mr. Speaker, I have answered the question twice already.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. T. OSBORNE: I have said that between the department and Eastern

Health we will continue to try for recruitment of doctors for that particular

area. Mr. Speaker, we will continue to try recruitment.

Having said that, I can say that I am very proud of the record of this

government, I am very proud of the record of Eastern Health, of Western Health,

of Central Health and of Labrador Grenfell Health in attracting doctors to this

Province because we have done a good job.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair has recognized the hon. Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

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

Last week, the minister told the House, when speaking about the Early

Learning and Child Care Plan unveiled in May, and I quote from Hansard,

"...this year, as a result of that plan, Mr. Speaker, we have created I

believe it is 500 new spaces in the Province for children within early learning

and child care centres."

In talking with people in the early learning and child care community, I have

been having difficulty locating these 500 new spaces. I am asking the minister

to please tell the House if, indeed, there are 500 new spaces as part of this

plan and where these new spaces are located within the Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Thank you, Mr. Speaker.

Mr. Speaker, what I can say is that since this program started, the new Early

Learning and Child Care Plan in this Province, up to September - we have not

even included October and November statistics - there are 463 new subsidies

created for children in the Province. It is almost 500 when you include October

and November, almost 500 new subsidies created for children who were not covered

under subsidies in this Province prior to the program.

What I can also say, Mr. Speaker, is that since September of 2005 there are

over 450 new spaces in the Province. Centre-based spaces, Mr. Speaker, there are

254. Family child care spaces, there are 184. What I can say is, since this

program started in May of this year, there are over 150 new spaces as a direct

result of this particular program, or approximately 150.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

I would like to point out to the minister that new subsidies are not the same

as new spaces, so while you had almost 500 new subsidies since the plan was

announced, that is not new spaces.

In the May announcement government said it would establish licenced child

care services throughout the Province, resulting in a potential of sixteen new

sites and 200 new child care spaces, building on existing programs, such as

family resource programs, et cetera, and that there was potential for startup in

late fall. I would like the minister to give a more detailed report than he just

gave with regard to the sixteen new sites.

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: What I can say, Mr. Speaker, is that our department has

been working - we are talking about since May of this year, so we are talking

four or five months. We have been working, and if I did have a magic wand to be

able to create sixteen new sites in one month or two months, I would have done

that, but we are working on creating those sixteen new sites.

The officials in my department have been working with the Regional Health

Authorities across the Province, Mr. Speaker, and they will be created. That is

a commitment of this government and it is a commitment that this government will

keep.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Final supplementary, the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

In response to the cancellation by the federal government of the child care

agreement across the country, provinces such as Manitoba and Nova Scotia stepped

in and replaced that lost funding. Nova Scotia just committed to providing 1,000

new child care spaces over the next ten years with new provincial government

money.

Is this government going to address the urgent need for child care,

particularly in the urban areas, not just rural, by replacing the lost federal

funds and committing to provide substantially more new spaces every year to meet

the need?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, first of all, I will say that I have been in

contact, both in writing and in face-to-face conversation, with the federal

minister responsible. I am continuing to push, as are the other ministers across

Canada continuing to push, for federal funding in this area, but without federal

funding - even without federal funding in this area, Mr. Speaker - on May 24 of

this year this Province did announce our Early Learning and Child Care Plan for

the Province, and that announcement and the plans that we have connected with

that announcement met with a great deal of satisfaction and a great deal of

praise from the industry in this Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

My first question is for the Minister Responsible for the Status of Women.

The federal government has made $5 million in cuts to Status of Women Canada.

They are laying off sixty-one people, mostly women, and closing twelve of the

sixteen offices in the country. Sources have told me, Mr. Speaker, that couriers

left Ottawa yesterday with the pink slips to be delivered across Canada.

I ask the minister again this week, as last week: Can she tell me what the

future status of the office is in this Province and if, in fact, she has even

intervened with the federal minister to ensure that the Status of Women Canada

Office in Newfoundland and Labrador stays open?

MR. SPEAKER: The hon. the Minister of Education, and Minister Responsible

for the Status of Women.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, the federal government has been eroding their

presence in this Province for quite some time, and in particular in the whole

area of women's issues. We had to intervene to make sure the Equity Office

stayed here. There is also now rumour and speculation that they may close the

Status of Women Canada Office here in St. John's.

I have already spoken to the federal minister, Minister Oda, about what we

thought of the cuts, that we did not approve of the cuts, and we certainly want

to have the presence here in this Province.

Mr. Speaker, I have intervened. I have spoken to our elected MPs. I have

spoken to the federal ministers regarding the Community Access Program,

regarding cuts to literacy, regarding the Equity Office. I have also spoken

regarding the cuts to the Status of Women Canada. I have no problem intervening.

I have no problem speaking to my federal counterparts.

Do I support cuts to women's issues, to Status of Women Canada? Absolutely

not.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Mr. Speaker, I ask the minister again: Is the Status of Women

Canada office closing in this Province?

MR. SPEAKER: The hon. the Minister of Education, and Minister Responsible

for the Status of Women.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, in all honesty, it is not my decision. I have not

been formally informed by the federal government.

Are you asking if we support this closure? Absolutely not. Have we already

spoken to the federal minister with our concerns regarding the cuts? We have

already done that. Will I continue to do that? Yes, Mr. Speaker, I will.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

AN HON. MEMBER: (Inaudible).

MS JONES: Oh, I heard what she said.

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

We now have nurses dispensing drugs in major hospitals under Eastern Health

care. If there is an error, who is liable, Minister? And, how many other

regional health care facilities in the Province today are forced to do the same?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, I have to correct an inaccuracy again by the

Member for Cartwright-L'Anse au Clair. Nurses are not dispensing medications

in Clarenville. They are not dispensing medications. There is no additional

liability by those nurses. They are not doing any clinical work. There is a

pharmacist still on call.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. T. OSBORNE: Mr. Speaker, this is something that nurses have been

doing in this Province for several years, including at Clarenville. This is

nothing new. In fact, prior to Clarenville making the decision on this for the

weekends in Clarenville, they ran it by the Association of Registered Nurses of

Newfoundland and Labrador, and it is within the scope of work of nurses and it

is accepted and it is sanctioned by the Association of Registered Nurses of

Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Mr. Speaker, the minister will have to take it up with the

nurses who claim they are dispensing drugs in these pharmacies.

More health boards in the Province are being forced to do one-off deals with

pharmacists, offering up bonuses outside of collective agreements. Where are the

boards finding the money to pay for these additional costs?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, these bonuses have been paid by the Regional

Health Authorities long before this even became an issue, before the collective

agreement was negotiated, ratified or even signed, so this is not anything new

for the Regional Health Authorities in this Province. They have done it before.

The reality is, we will address this in the next collective agreement. The

Minister of Finance and President of Treasury Board has said that is going to be

the case. The Minister of Finance and President of Treasury Board has also put

an invitation out to all unions for areas that are hard to recruit, or where

there are problems, to come in and speak with him to, across the board, look at

all areas and to come up with a solution.

Mr. Speaker, what we cannot do is, three months after a collective agreement

is signed, break that collective agreement and do something one-off.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Chair recognizes the hon. the Member for Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

We are aware of a pharmacist who applied for a position with Eastern Health

on October 4. Recently, he was told the position is now on hold. Why haven't

you filled this position when you know we have a shortage of pharmacists? Are

positions deliberately being left vacant in order to make up for the shortfall

of funds that is needed to pay out the bonuses to those pharmacists who remain

in the system?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, as I understand it, there were two or three

questions there.

First of all, they are well within their funds; they are on budget this year.

I am very proud to say that Eastern Health are on budget. It looks as though

they are going to come in on budget.

Secondly, Mr. Speaker, I can say that you are right. I did not fill this

position because my name is not George Tilley, but I can contact him and find

out what you are talking about.

SOME HON. MEMBERS: Oh, oh!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

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

MS JONES: Mr. Speaker, when I asked the minister where the money was

going to come from in these boards, he said: We will deal with it as a

government.

Minister, let me ask you this: Is it true that government is actually telling

these health care boards to deal with the problem, fix it up front, and we will

give you the extra funds come the spring Budget?

I want to ask: Is the government being too cute by half here in trying to do

through the back door what they refuse to do through the front door?

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

Negotiations on their contracts is done through a division of my department

of Public Service Secretariat. I have indicated, and said publicly, that I am

prepared to look at all hard-to-recruit positions where monies may be needed and

sit down with all unions to try and reach an agreement on this issue. I have

extended that, I have said it publicly on numerous occasions, and I have not had

one call from anybody asking me to sit down and deal with hard-to-recruit

positions since my call went out to the public and out to the Province. I have

said it on numerous occasions.

The health boards have certain authority under the Regional Integrated Health

Authorities Act. They have certain authority under that act. We put $180 million

into health care last year, into the Budget, so these boards could get more

money this year so they will not be running deficits, and my understanding is,

of mid-year, that they are on target here and they are not looking for money

they do not have.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

I asked a question yesterday of the Minister of Natural Resources and did not

get a response and there was an undertaking to provide some advice in that

regard. I repeat the question today for the Minister of Natural Resources

concerning the contracting matter at the Bull Arm Site Corporation in September

this year. Four companies initially bid. The bid was cancelled, supposedly for

budgetary reasons. Three weeks later, the Bull Arm Site Corporation solicited

bids for the labour portion of the same project. No public tenders were called.

One of the principals of the company awarded the contract was the campaign

manager for Ms Joan Cleary, the current President and CEO of the Bull Arm Site

Corporation and defeated PC Candidate in the last provincial election.

I ask the minister again: Did you follow this up with your officials to find

out why the Bull Arm Site Corporation changed the scope of the contract and not

call for public tenders? Was it to give the contract to the close friend of Ms

Cleary?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Yes, Mr. Speaker, a tender was put out to replace the guardhouse on the Bull

Arm site. The tenders came in much higher and outside the budget. As a result,

that tender call was not followed upon and it was cancelled. Three weeks later,

a severe windstorm damaged the security shed to the point that it was not able

to be used anymore. It was a risk to health and safety. A limited bid was put

out. The President and CEO absented herself from that bidding process, not

because she anticipated, Mr. Speaker, that her campaign manager might become

involved but the lowest bidder of the original tender was invited to bid, and

because she knew that bidder had an involvement with the Member for Bellevue and

his election, she withdrew from the process.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The time allocated for Question Period has expired.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

Presenting Reports by Standing and Special Committees.

Tabling of Documents.

Notices of Motions.

Notices of Motion

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I give notice that I will ask leave to move the following resolution: a

Resolution Respecting the Appointment of a Citizens' Representative.

Be it resolved by the House of Assembly as follows:

WHEREAS subsection 3(1) of the Citizens' Representative Act provides that

the Citizens' Representative is to be appointed by the Lieutenant-Governor in

Council on a resolution of the House of Assembly;

THEREFORE

BE IT RESOLVED that Mr. Barry Fleming, LL.B. be appointed as the

Citizens' Representative.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

Colleagues, I am asking for your co-operation.

The Chair recognizes the hon. the Government House Leader.

MR. SULLIVAN: Thank you, Mr. Speaker.

I also give notice that I will ask leave to introduce a bill entitled,

An Act

To Amend The Provincial Court Judges' Pension Plan Act No.2. (Bill 39)

Further, I give notice that I will ask leave to introduce a bill entitled, An

Act To Amend The Income Tax Act, 2000. (Bill 56)

Further, Mr. Speaker, I give notice that per Standing Order 11 that the House

not adjourn at 5:30 o'clock on Monday, and I further move per Standing Order

11 the House not adjourn at 10:00 p.m. on Monday.

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

MR. OTTENHEIMER: Thank you, Mr. Speaker.

I give notice that I will ask leave to introduce a bill entitled,

An Act

Respecting The Assessment Of Real Property For The Purpose Of The Imposition Of

Real Property Taxes. (Bill 52)

Secondly, Mr. Speaker, I give notice that I will ask leave to introduce a

bill entitled,

An Act Respecting Municipal Taxation In The City Of St. John's.

(Bill 53)

MR. SPEAKER: Further notices of motions?

The hon. the Minister of Innovation, Trade and Rural Development.

MR. TAYLOR: Thank you, Mr. Speaker.

On behalf of the Minister of Fisheries and Aquaculture, I give notice that I

will ask leave to introduce a bill entitled,

An Act To Amend The Fish Inspection

Act. (Bill 57)

MR. SPEAKER: Further notices of motions?

The hon. the Minister of Justice and Attorney General.

MR. T. MARSHALL: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Amend The Judgement Enforcement Act. (Bill

54)

I further give notice that I will ask leave to introduce a bill entitled, An

Act To Implement The Convention On International Interests In Mobile Aircraft

Equipment. (Bill 58)

Thank you.

MR. SPEAKER: Further notices of motions?

The hon. the Minister of Education.

MS BURKE: Mr. Speaker, on behalf of the hon. Minister of Human Resources,

Labour and Employment, I give notice that I will ask leave to introduce a bill

entitled,

An Act To Amend The Labour Relations Act. (Bill 55)

MR. SPEAKER: Further notices of motions?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

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

MR. PARSONS: Thank you, Mr. Speaker.

I am back again today on behalf of the residents of Burgeo and Ramea and, in

fact, on behalf of everybody in the Province or in the world who might happen to

go to Burgeo and Ramea to visit relatives, family or just be a tourist.

Hopefully, though, you will not have to use the washroom because there are none.

Now, I noticed the minister of industry was up today in his very cavalier

attitude talking about bring your own booze. Well, I hope we do not have to tell

them to bring your own porta-potty for much longer, because that is exactly what

you have to do.

SOME HON. MEMBERS: Hear, hear!

MR. PARSONS: The minister had the gall to tell us here last week, when I

first raised this, that: I will have somebody check this out immediately. Now, I

checked a couple of dictionaries on the word immediately and I do not think that

seven days is appropriate. We still have not heard from them. We hear him up

doing interviews on transportation initiatives and all of that kind of stuff and

what he says to members about shut up and whatever. I will just say to him, if

you are going to say something you should follow through. Again, we can spend

$8,000 on fur coats, we can spend a hundred-and-some-odd thousand dollars on

booze and sightseeing, but we cannot put a toilet facility in Ramea and Burgeo

so that the people who use the ferry can go somewhere to use the washroom; a

basic human need. It cannot get done and does not get done. It sounds very

graphic, but it is very true. People literally have to climb around the rocks

down on the landwash and up back of the stages to use the washroom. It is not

fit! It is not human!

I say to the minister again: If you have any degree of compassion or decency,

please, please, I implore you, could you have someone from your department on

the West Coast check this out so that I do not have to be up here every day

asking you for a basic human need? This is not earthshattering stuff. This is

not millions and millions of dollars to put into paving or infrastructure. This

is a basic need. Can we get a porta-potty? Can we have some kind of washroom

facility so seniors, women, children, anybody, do not have to be out climbing

around the rocks to use the washroom? It is okay when the boat gets in. There is

a toilet facility on the boat. It is okay if you know someone who lives up the

street, but God forbid if you do not, and a lot of people do not.

I say to the minister: Please, on behalf of the people of Ramea and Burgeo,

and anybody who might want to visit the area, do the decent human thing and put

toilet facilities in Burgeo and in Ramea so that we do not have to put up with

this human indignity any further.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further petitions?

Orders of the Day.

Orders of the Day

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I spoke with the Opposition House Leader, and I also communicated with the

Leader of the New Democratic Party, the Member for Signal Hill-Quidi Vidi, and,

with leave, I move first reading of Bill 39, the Provincial Court Judges'

Pension Plan Act No. 2,

an act to amend that.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. SULLIVAN: It is the Judges' Pension Plan Act No.2

I now call for first reading of that bill.

MR. SPEAKER: Has leave been granted to proceed to first reading?

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Leave has been granted.

It is moved and seconded that the hon. the Minister of Justice and Attorney

General shall have leave to introduce a bill entitled,

An Act To Amend The

Provincial Court Judges' Pension Plan Act No. 2.

Is it the pleasure of the House that the hon. the Minister of Justice and

Attorney General shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Justice and Attorney General to introduce a

bill, "An Act To Amend The Provincial Court Judges' Pension Plan Act No.

2," carried. (Bill 39)

MR. SPEAKER: It is moved and seconded that Bill 39,

An Act To Amend The

Provincial Court Judges' Pension Plan Act No. 2, be now read a first time.

Is it the pleasure of the House to adopt the motion that the bill be now read

a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act To Amend The Provincial Court Judges' Pension

Plan Act No. 2. (Bill 39)

MR. SPEAKER: Bill 39,

An Act To Amend The Provincial Court Judges'

Pension Plan Act No. 2, has now been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow, Mr. Speaker.

MR. SPEAKER: On tomorrow.

On motion, Bill 39 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

Just for the record, that bill is under the title of the Minister of Finance,

not the Minister of Justice. Just for the record, to let us know that, for the

Table.

I also move - and leave, I think, has been given on these; I have conversed

on that before. I now call for first reading of Bill 52,

An Act Respecting The

Assessment Of Real Property For The Purpose Of The Imposition Of Real Property

Taxes.

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

Municipal Affairs shall have leave to introduce a bill entitled,

An Act

Respecting The Assessment Of Real Property For The Purpose Of The Imposition Of

Real Property Taxes. (Bill 52)

Is it the pleasure of the House to adopt the motion that the hon. the

Minister of Municipal Affairs shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

Motion, the hon. the Minister of Municipal Affairs to introduce a bill,

"An Act Respecting The Assessment Of Real Property For The Purpose Of The

Imposition Of Real Property Taxes," carried. (Bill 52)

MR. SPEAKER: It is moved and seconded that Bill 52 shall now be read a

first time.

Is it the pleasure of the House to adopt the motion that the bill be read a

first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting The Assessment Of Real Property For The

Purpose Of The Imposition Of Real Property Taxes. (Bill 52)

MR. SPEAKER: Bill 52,

An Act Respecting The Assessment Of Real Property

For The Purpose Of The Imposition Of Real Property Taxes, has now been read a

first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 52 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for first reading of Bill 53,

An Act Respecting Municipal Taxation

In The City Of St. John's.

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

Municipal Affairs shall have leave to introduce a bill entitled,

An Act

Respecting Municipal Taxation In The City Of St. John's.

Is it the pleasure of the House that the hon. the Minister of Municipal

Affairs shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

Motion, the hon. the Minister of Municipal Affairs to introduce a bill,

"An Act Respecting Municipal Taxation In The City Of St. John's,"

carried. (Bill 53)

MR. SPEAKER: It is moved and seconded that Bill 53,

An Act Respecting

Municipal Taxation In The City Of St. John's, be now read a first time.

Is it the pleasure of the House to adopt the motion that the said bill be now

read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting Municipal Taxation In The City Of St.

John's. (Bill 53)

MR. SPEAKER: Bill 53,

An Act Respecting Municipal Taxation In The City Of

St. John's, has now been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 53 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for first reading of Bill 54,

An Act To Amend The Judgement

Enforcement Act.

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

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

Act To Amend The Judgement Enforcement Act. (Bill 54)

Is it the pleasure of the House to adopt the motion that the hon. the

Minister of Justice and Attorney General shall have leave to introduce said

bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, the hon. the Minister of Justice and Attorney General to introduce

a bill,

An Act To Amend The Judgement Enforcement Act," carried. (Bill 54)

MR. SPEAKER: It is moved and seconded that the said bill be now read a

first time.

Is it the pleasure of the House to adopt the motion that the said bill be

read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

CLERK: A bill,

An Act To Amend The Judgement Enforcement Act. (Bill 54)

Bill 54,

An Act To Amend The Judgement Enforcement Act, has now been read a

first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 54 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for first reading of Bill 55,

An Act To Amend The Labour Relations

Act.

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

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

An Act To Amend The Labour Relations Act. (Bill 55)

Is it the pleasure of the House to adopt the motion that the hon. minister

shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

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

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

(Bill 55)

MR. SPEAKER: It is moved and seconded that the said bill be now read a

first time.

Is it the pleasure of the House to adopt the motion that the said bill be now

read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

CLERK: A bill,

An Act To Amend The Labour Relations Act. (Bill 55)

MR. SPEAKER: Bill 55,

An Act To Amend The Labour Relations Act, has now

been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow, Mr. Speaker.

MR. SPEAKER: On tomorrow.

On motion, Bill 55 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for first reading of Bill 56,

An Act To Amend The Income Tax Act,

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

Finance shall have leave to introduce a bill entitled,

An Act To Amend The

Income Tax Act, 2000. (Bill 56)

Is it the pleasure of the House that the hon. the Minister of Finance shall

have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

On motion, the hon. the Minister of Finance to introduce a bill, "An Act

To Amend The Income Tax Act, 2000," carried. (Bill 56)

MR. SPEAKER: It is moved and seconded that the said bill be now read a

first time.

Is it the pleasure of the House to adopt the motion that the said bill be

read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Income Tax Act, 2000. (Bill 56)

MR. SPEAKER: Bill 56,

An Act To Amend The Income Tax Act, 2000, has now

been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow, Mr. Speaker.

MR. SPEAKER: On tomorrow.

On motion, Bill 56 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move first reading of Bill 57,

An Act To Amend The Fish Inspection Act.

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

Aquaculture shall have leave to introduce a bill entitled,

An Act To Amend The

Fish Inspection Act. (Bill 57)

Is it the pleasure of the House to adopt the motion the hon. minister shall

have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, the hon. the Minister of Fisheries and Aquaculture to introduce a

bill, "An Act To Amend The Fish Inspection Act," carried. (Bill 57)

MR. SPEAKER: It is moved and seconded that Bill 57,

An Act To Amend The

Fish Inspection Act, be now read a first time.

Is it the pleasure of the House to adopt the motion that Bill 57 be now read

a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Fish Inspection Act. (Bill 57)

MR. SPEAKER: Bill 57,

An Act To Amend The Fish Inspection Act, has now

been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow, Mr. Speaker.

MR. SPEAKER: On tomorrow.

On motion, Bill 57 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

We are getting to the last one.

I move first reading of Bill 58,

An Act To Implement The Convention On

International Interests In Mobile Aircraft Equipment.

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

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

Act To Implement The Convention On International Interests In Mobile Aircraft

Equipment. (Bill 58)

Is it the pleasure of the House to adopt a motion that the hon. minister

shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Justice and Attorney General to introduce a

bill, "An Act To Implement The Convention On International Interests In

Mobile Aircraft Equipment," carried. (Bill 58)

MR. SPEAKER: It is moved and seconded that Bill 58,

An Act To Implement

The Convention On International Interests In Mobile Aircraft Equipment, shall

now be read a first time.

Is it the pleasure of the House to adopt a motion that the bill be read a

first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act To Implement The Convention On International

Interests In Mobile Aircraft Equipment. (Bill 58)

MR. SPEAKER: Bill 58,

An Act To Implement The Convention On International

Interests In Mobile Aircraft Equipment, has now been read a first time. When

shall the said bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 58 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

Oh, I am sorry. The hon. the Government House Leader.

MR. SULLIVAN: Thank you, Mr. Speaker.

We will get to the hon. Minister of Justice very shortly.

I now call Motion 1. That was notice given by my colleague, the Minister of

Justice and Attorney General. I am sure he will want to wax eloquent and give us

a few comments on that particular resolution that I now call, Mr. Speaker.

MR. SPEAKER: The Chair apologizes for being premature in calling upon the

minister.

The hon. the minister moving the reading of Motion 1. The hon. the Minister

of Justice and Attorney General.

MR. T. MARSHALL: Thank you very much, Mr. Speaker.

Mr. Speaker, I am pleased to introduce the resolution adopting the

recommendations of the 2006 Provincial Court Judges Salary and Benefits

Tribunal. I gave notice yesterday that I would be introducing this resolution

today, and I read the resolution yesterday.

Mr. Speaker, I am advised that this will be the first time in the history of

the tribunal process that the government has adopted the tribunal's

recommendations without any variation. The Provincial Court Act of 1991 sets out

clearly the tribunal process. As I indicated yesterday, Mr. Speaker, the Supreme

Court of Canada, the Constitution of Canada, and the Charter of Rights and

Freedoms has mandated that governments not negotiate directly with judges as to

their salary and benefits because this would go against the very important

principle of judicial independence. Judges must be judicially independent. They

must be seen to be independent and I said that judicial independence raised a

number of different aspects. There was security of tenure, which under our

legislation, under the Provincial Court Act, the judge is appointed for good

behaviour, and a judge cannot be removed from office expect by an independent

body known as the judicial council.

I also talked about administrative independence, where once we are in the

courtroom it is the judge who has the management and control over what happens

in the courtroom, certainly with respect to matters that directly and

immediately affect what is referred to as the exercise of a judicial function.

The third thing, of course, is financial independence. The Supreme Court of

Canada mandated that in terms of negotiating with judges as to salary and

benefits, there should be an independent tribunal that would be a buffer between

the government and the judges. As I said, the court said that government should

not negotiate directly with the judges because governments do, in fact, pay the

judges and the Cabinet of government appoints the judges on the recommendation

of the Minister of Justice.

Mr. Speaker, the first tribunal process started in 1991. There have been four

tribunals in our history. In 1991 - the Whalen tribunal delivered its report in

1992. This report made recommendations for 1992 to 1996, but was deferred owing

to public sector restraint legislation. In 1996 the government appointed the

Robert's tribunal, which reported in 1997.

The decision of the Supreme Court of Canada in 1997, which is called the

P.E.I. Reference Case, determined that, as I mentioned earlier, that judicial

independence in the constitution required that independent judicial compensation

commissions be established to periodically inquire into the adequacy of the

compensation and the benefits that are paid to our provincial court judges.

Following that case, provincial court judges in this Province commenced a

challenge accumulating in the fall of 2000, when the Court of Appeal of this

Province declared that the Robert's tribunal report was a nullity and ordered

the implementation of the Whalen report. This (inaudible) by court order - I

believe that is what the Opposition House Leader was referring to a couple of

days ago in the House.

In the spring of 2001, government appointed the Hoegg tribunal to make

recommendations as to salary and compensation and benefits for judges for the

period of 1996 to 2004. The Hoegg tribunal reported later that year. Government

proposed a resolution which varied the salary recommendations of the Hoegg

tribunal, but on judicial review by the Supreme Court of Newfoundland and

Labrador, the Supreme Court ordered implementation of their tribunal salary

recommendations.

The tribunal appointed this year, the 2006 tribunal, consists of retired

Supreme Court Judge Geoffrey Stelle as Chair, Mr. David Day, Q.C was a nominee

of the judges, and Mr. David Norris, MBA, a former Deputy Minister of Finance

and Secretary of Treasury Board, was a government nominee. They were appointed

on October 17, 2005 and they were requested to make recommendations to

government for five fiscal years from 2004-2005 to 2008-2009. Written

submissions were made by the judges association and by government to the

commission and a hearing was subsequently convened in March of 2006. The

tribunal gave its report to the Minister of Justice on May 26, 2006 and

government is now pleased to implement the recommendations of the tribunal, the

2006 Provincial Court Judges Salary and Benefits Tribunal on judges' salaries,

allowances, pension, long-term disability benefits, vacation, car allowance and

paid parking.

Now the salary, for the year 2005-2006, the commission recommended 0 per cent

increase. I am sorry, that was 2004-2005, a 0 per cent increase. For the year

2005-2006, for the evolution of judicial duties, the commission recommended 0

per cent as well, but because the government had passed on to judges, or as the

judges assumed functions or quasi judicial functions that previously had been

exercised by Justices of the Peace, the commission awarded judges an increase of

3.8 per cent for that particular period, 2005-2006. That was because the

commission felt that the judges were taking on duties that were additional to

their normal duties. It was duties that required the judges to be on call at

night, and on the weekends, in order to deal with some interesting aspects

brought about by technological change, in which are referred to as the Chief

Judge of Newfoundland as tella warrants and tella bail. For the year 2006-2007,

the commission recommended an increase of 2 per cent, for 2007-2008, a raise of

3 per cent, and for 2008-2009 a raise of 2 per cent.

With respect to pension, the pension reduction for early retirement between

sixty and sixty-five is reduced from 7 per cent per year to 6 per cent per year

and the minimum service condition is reduced from twenty years to five years.

With respect to vacations, the time for vacations is to remain the same, at

twenty-five days per year. With respect to the long-term disability dispute

resolution mechanism, with two levels of appeal adjudication by the (inaudible)

administrator, that is to remain in place. Long-term disability benefits, which

previously were not indexed for judges, will now be indexed at 60 per cent of

the annual consumer price index increase.

With respect to professional allowances, that is money for judges to acquire

books and to join the judges association and to have court outfits, which they

are required to wear, has been increased by $500, from $2,500 a year to $3,000.

Vehicle allowances are to equal that paid to other public servants, and

parking will continue to be paid for Provincial Court judges in St. John's.

The tribunal also awarded 100 per cent of disbursements related to expert

witnesses at the tribunal hearings, and two-thirds of the legal fees and other

disbursements related to the tribunal process, the rest to be paid by the

Province, with the other one-third, of course, to be paid by the judges

themselves.

A separate tribunal report will follow on the issue of judicial indemnity

policy and, because of the amendment that we made in the legislation this week,

that will be due by March 1, 2007. The next complete report of the tribunal will

be due on April 1, 2010.

Mr. Speaker, I thank you for this opportunity to discuss the resolution

recommending the implementation of the recommendations of the 2006 Provincial

Court Judges' Salaries and Benefits Tribunal and I look forward to the

discussion from all members.

Thank you, Mr. Speaker.

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

MR. PARSONS: Thank you, Mr. Speaker.

I will not be long. I have a sore throat today and I am not able to speak

very long. Anyway, I just want to make a brief comment here that I have had an

opportunity to review the report that has been filed here from the tribunal and,

as the minister stated earlier, indeed this is a very understandable process.

They have a review committee. They have done their work; it is here. I am

pleased to see that the government is going to accept the recommendations that

the committee has put forth.

We had, for years and years, wrangling in this House as to whether or not the

reports should be done - even be done - and then, of course, we got into all

kinds of quandaries as to whether the recommendations of the report should be

accepted. We are well past that now, and it is nice to see that we have it done.

It has been done in a timely manner, the procedure is in place, and it is going

to be accepted by government without any tampering whatsoever to the

recommendation, so we certainly would be supportive of this resolution as well.

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

MS MICHAEL: Thank you, Mr. Speaker.

I just want to echo the sentiments of my colleague for Burgeo & LaPoile,

and put on the record that we, too, support the motion.

Thank you.

MR. SPEAKER: Is the House ready for the question?

AN HON. MEMBER: Yes, Mr. Speaker.

MR. SPEAKER: The resolution is - I will dispense with the WHEREASes and

read the resolution only:

THEREFORE

BE IT RESOLVED that this Honourable House accept the

recommendations of the report of the 2006 Newfoundland and Labrador Provincial

Court Judges Salaries And Benefits Tribunal.

All those in favour of the resolution, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: Contra-minded, nay'.

The motion is adopted by the House.

On motion, resolution adopted.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for second reading of a bill,

An Act To Amend The Securities Act

No. 2. (Bill 51)

MR. SPEAKER: It is moved and seconded that Bill 51,

An Act To Amend The

Securities Act No. 2, be now read a second time.

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

No. 2." (Bill 51)

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MS WHALEN: Mr. Speaker, I want to speak to Bill 51, the Securities Act

amendments today.

These amendments, while largely technical in nature, provide important

consumer protection initiatives and efficiencies in the way the security

industry is regulated in Canada.

This is the first round of legislative changes necessary to implement the

passport system of security regulation in Canada which all provinces and

territories, except Ontario, have signed on to.

Under the passport system, market participants will only have to deal with

one principal regulator and comply with the laws of that regulator. Right now,

market participants have to deal with thirteen regulators and thirteen sets of

law. At the same time, jurisdictions are harmonizing their laws as much as

possible, which is what much of these amendments will accomplish. There will be

further harmonization amendments required in the next few years.

In order to make the passport work, each jurisdiction must have the authority

to delegate decisions to other jurisdictions and also to accept delegation from

other jurisdictions. This authority is included in the amendments.

An important consumer protection element included in the amendments is a

section on civil liability in the secondary market. There are two basic markets

in the security industry: the primary market and the secondary market. The

primary market is where companies initially sell their shares to investors. The

secondary market is where investors sell shares of companies that they have

bought through other investors. The vast majority of activity in the security

industry takes place in the secondary market.

Current security legislation places liabilities on companies that issue

shares, and those involved in the selling of those shares to investors, to

provide certain disclosure and to act honestly and fairly. The same liability

does not apply to transactions in the secondary market. These amendments will

place the same liability on issuers and those involved in the selling of shares

in the secondary market as the primary market.

All jurisdictions are making, or have made, these amendments. When fully

implemented, the passport systems will provide for a much improved system of

security regulation in Canada, with enhanced investor protection.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

I appreciate an opportunity to have a few words concerning the Securities Act

No.2, Bill 51. It is quite a comprehensive piece of work. It is obviously not

something that just came about overnight. It is nice to see as well that it is a

joint effort from many provinces, as I understand it, and it will lead to

standardization in the industry.

I am just curious. One question I would have for the minister, that maybe she

can answer at some point - her reference to the fact Ontario has not signed on

yet. I am just wondering if there is any particular reason. Because in the

securities industry, of course, Ontario is a big player - in fact, I understand,

the biggest player - and if you do not have the quarterback, shall we say,

engaged in the ball game, we are in trouble. So, I am just wondering if there is

any legitimate reason why Ontario has not done it. Is it just an administrative

piece, where they have not had an opportunity yet to review what everybody is

doing? Has their government not had an opportunity to get their legislative

drafting done, or is there something more fundamental here as to why the

Province of Ontario is not coming to the table at this time? I am wondering. I

think that is a fair question to ask, because if they do not become a player

what happens to all of the hard work and so on that your department has put into

getting this done?

In terms of the principle of the bill, we are certainly in favour of it. It

will standardize things, and that is not usual in the country. Albeit we have

provincial laws in certain areas, there are certain basics that we need when it

comes to a national understanding. We do it quite often. Albeit there is a split

in powers between the feds and the provinces, there are some things that we all

have to co-ordinate in order to get the best bang for our buck and to get the

protective measures that we need, and securities regulations and so on is

certainly one of those areas where we need a joint or, as the minister says, a

passport type of system whereby you do not have to go to thirteen or fourteen

different doors to find out what the rules are. You will be able to knock on one

door and find out what the rules are, and they will be pretty standard across

the country.

We would certainly be supportive of this, and we will be voting for the bill.

We fully anticipate as well that, like any new law once it comes about, it is

going to take some time to implement it and there are going to be some growing

pains. I am sure the first time around here we have not gotten everything

exactly right, but we anticipate that is the purpose of a House and that is why

we come back here for amendments from time to time if it needs to be tweaked.

I think it would be nice to know if there is a legitimate or a fundamental

reason why the Province of Ontario is not signing onto this thing at this time,

and if there are any time lines as to when the minister expects that they might

be ready, or is it a case of them saying, we are not signing on? If they are

saying we are not signing on, ever, I think we have a big problem here in terms

of our national goals that we are trying to seek here when it comes to

securities regulation.

Thank you, Mr. Speaker.

MR. SPEAKER: If the hon. the Minister of Government Services speaks now,

she will close debate at second reading.

The hon. the minister.

MS WHALEN: Mr. Speaker, the answer to your question is that Ontario

wanted a single regulator, but Ontario have been at the table and they have

amended their legislation to harmonize as much as possible to make it easier for

the industry. We do feel that at some point in time they will sign on. We have

extended an invitation to them. We have made vast improvements, even without

Ontario. It is much better now to have two regulators, rather than the thirteen

that we have now. We have extended an invitation to them to sign on to

(inaudible) but we have made remarkable strides with the ministers across Canada

in harmonizing those rules. I think at some point in time we would like to see

Ontario sign on.

We are the only industrial country in the world that does not have a national

regulator, but we are working towards harmonizing everything so it will make it

much easier for the industry, because the industry is welcoming those changes

that we have so far accomplished.

As I just said, there are growing pains but we think that by the time 2008

rolls around we will have everybody working on the same page, hopefully.

Thank you.

MR. SPEAKER: Is it the pleasure of the House that Bill 51,

An Act To

Amend The Securities Act No 2. be now read a second time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act To Amend The Securities Act No 2. (Bill 51)

MR. SPEAKER: Bill 51,

An Act To Amend The Securities Act No. 2, has now

been read a second time. When shall this bill be referred to a Committee of the

Whole House?

MR. SULLIVAN: Presently.

MR. SPEAKER: Presently.

On motion, a bill, "An Act To Amend The Securities Act No. 2," read

a second time, ordered referred to a Committee of the Whole House presently, by

leave.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I move that the House now resolve itself into a Committee of the Whole House

to consider Bill 51.

MR. SPEAKER: It is moved and seconded that the House resolve itself into

a Committee of the Whole to consider Bill 51,

An Act To Amend The Securities Act

No. 2, and that I do now leave the Chair.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, that the House resolve itself into a Committee of the Whole, Mr.

Speaker left the Chair.

Committee of the Whole

CHAIR (Fitzgerald): Order, please!

The hon. the Government House Leader.

MR. SULLIVAN: Thank you, Mr. Chairman.

I am calling the Committee now on Bill 51.

CHAIR: The Committee is ready to hear debate on Bill 51,

An Act To Amend

The Securities Act No. 2.

A bill, "An Act To Amend The Securities Act No. 2." (Bill 51)

CLERK: Clause 1.

CHAIR: Clause 1. Shall clause 1 carry?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, nay'.

Clause 1 is carried.

On motion, clause 1 carried.

CLERK: Clauses 2 to 27.

CHAIR: Shall clauses 2 to 27 inclusive carry?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, nay'.

Clauses 2 to 27 inclusive are carried.

On motion, clauses 2 through 27 carried.

CLERK:

Be it enacted by the Lieutenant-Governor and the House of Assembly

in Legislative Session convened as follows.

CHAIR: Shall the enacting clause carry?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, nay'.

The enacting clause is carried.

On motion, enacting clause carried.

CLERK:

An Act To Amend The Securities Act No. 2.

CHAIR: Shall the title carry?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, nay'.

The title is carried.

On motion, title carried.

CHAIR: Shall I report Bill 51,

An Act To Amend The Securities Act No. 2,

carried without amendment?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, nay'.

Bill 51 is carried.

Motion, that the Committee report having passed the bill without amendment,

carried.

CHAIR: The hon. the Government House Leader.

MR. SULLIVAN: Mr. Chairperson, I move that the Committee rise, report

progress and ask leave to sit again.

CHAIR: The motion is that the Committee rise, report progress and ask

leave to sit again.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, nay'.

Carried.

On motion, that the Committee rise, report progress and ask leave to sit

again, Mr. Speaker returned to the Chair.

MR. SPEAKER (Hodder): Order, please!

The hon. the Member for Bonavista South and Deputy Speaker.

MR. FITZGERALD: Mr. Speaker, the Committee of the Whole House have

considered the matters to them referred and have directed me to report Bill 51

carried without amendment, and ask leave to sit again.

MR. SPEAKER: The Chairperson of Committee of the Whole reports that the

Committee have considered the matters to them referred and have directed him to

report that Bill 51,

An Act To Amend The Securities Act No. 2, passed without

amendment.

When shall this report be received?

MR. SULLIVAN: Presently, with leave, Mr. Speaker.

MR. SPEAKER: Presently, with leave.

AN HON. MEMBER: Leave.

MR. SPEAKER: Leave has been granted.

When shall the bill be read a third time?

MR. SULLIVAN: Presently, Mr. Speaker.

MR. SPEAKER: Presently.

On motion, report received and adopted, bill ordered read a third time

presently, by leave.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I call Bill 51 for third reading.

MR. SPEAKER: It is moved and seconded that Bill 51,

An Act To Amend The

Securities Act No. 2, be now read a third time.

Is it the pleasure of the House to adopt the motion that Bill 51 be read a

third time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Securities Act No. 2. (Bill 51)

MR. SPEAKER: Bill 51,

An Act To Amend The Securities Act No. 2, has now

been read a third time and it is ordered that the bill do pass and its title be

as on the Order Paper.

On motion, a bill, "An Act To Amend The Securities Act No. 2.,"

read a third time, ordered passed and its title be as on the Order Paper. (Bill

51)

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

MR. SULLIVAN: Thank you, Mr. Speaker.

We have gotten considerable business done over the past few days. Today would

normally be Private Members' Day, and we had an opportunity to do government

business.

I think, by agreement, we had an agreement that the House would next

reconvene on Monday to allow, as I indicated before, an opportunity for the

Official Opposition to attend a Party function out of the Province.

Before I move for adjournment, I think the Opposition House Leader had a

comment so I will certainly sit down before I move the motion.

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

MR. PARSONS: Thank you, Mr. Speaker.

I would concur with the comments of the Government House Leader. In fact, on

behalf of the Liberal caucus, which is the Official Opposition, I would like to

thank the Government House Leader and the government members for agreeing that

we would close the House tomorrow. There is, of course, the National Convention

for the Liberal Party, and many of the members on this side of the House will be

attending that function which is actually underway as I speak. We again

appreciate the concurrence and the support of the NDP caucus as well as

government members in allowing us to partake in that convention.

Thank you, Mr. Speaker.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I certainly thank the Opposition, too, for allowing the normal movement and

facilitating the movement of bills here. I think they certainly realize that

they were important to move along in light of doing some extra work over the

past few days to make up for Thursday.

With that, Mr. Speaker, I move that the House do now adjourn.

MR. SPEAKER: It is moved and seconded that this House do now adjourn

until Monday, December 4, at 1:30 of the clock in the afternoon.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

This House now stands adjourned until Monday, December 4 at 1:30 of the clock

in the afternoon.

On motion, the House at its rising adjourned until tomorrow, Monday, at 1:30

p.m.