Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 15 May 2006 (45th General Assembly, 3rd Session, Vol. XLV No. 20)

2006-05-15

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 15 May 2006 (45th General Assembly, 3rd Session, Vol. XLV No. 20)

2006-05-15

Newfoundland and Labrador — Debates (Hansard)

May 15, 2006 HOUSE OF ASSEMBLY

PROCEEDINGS Vol. XLV No. 20

The House met at 1:30 p.m.

MR. SPEAKER (Hodder): Order, please!

Admit strangers.

This afternoon we have a number of visitors in our gallery, and I would like

to welcome them individually and collectively.

We would like to welcome, first, sixty-two Grade 5 students from Larkhall

Academy in the District of St. John's North. They are accompanied by their

teachers, Mr. Ralph Cann and Ms Kelly Burke, and by their student assistant Miss

Kathy Philpot. Their chaperones are: Marilyn Hoyles, Tina Thomas, Danielle

Murrin, Lois Barbour, Margaret Hann, Kelly Hart, Linda Clarke, and Marilyn

Callahan.

Welcome, especially, to our House.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: This afternoon, as well, we have a very special visitor in

the Speaker's gallery.

We extend a welcome to Warrant Officer Kristi Bourne from Squadron 589 of the

Royal Canadian Air Cadets in Carbonear. She is accompanied by her parents, Alf

and Debbie Bourne. Kristi is one of two cadets from Newfoundland and Labrador

accepted to participate in the International Air Cadet Exchange. She will be

spending part of her summer in the Netherlands.

Congratulations, Kristi, and we wish you a very interesting visit to the

Netherlands over the summer.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: We also have Ms Hilda Whelan and a group of her friends who

are here in connection with the debate we anticipate this afternoon on Bill 22.

A special welcome. This bill is of special importance to these particular

citizens.

Welcome to our House.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Also, we would like to welcome, from the Town Council in

Bishop's Falls, the following members: Mayor Jody Fancey, Deputy Mayor

Josephine Budgell, Councillors Barry Saunders and Hubert Sutton, and Town

Manager Toni Elliott.

Welcome to our House.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

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

hon. the Member for the District of Topsail; the hon. the Member for the

District of Carbonear-Harbour Grace; the hon. the Member for the District of

Lake Melville; the hon. the Member for the District of Grand Falls-Buchans; the

hon. the Member for the District of Placentia & St. Mary's; and, the hon.

the Member of the District of Port de Grave.

The Chair recognizes the hon. the Member for the District of Topsail.

SOME HON. MEMBERS: Hear, hear!

MS E. MARSHALL: Thank you, Mr. Speaker.

Mr. Speaker, on Friday, May 12, I attended the sixteenth Annual Municipal

Awards Banquet for the Town of Paradise, along with my colleague for the

District of Conception Bay East & Bell Island. This event, Mr. Speaker, is

held annually to recognize and thank residents who volunteer and contribute to

the well-being of our community.

Mr. Speaker, during the evening, the following awards were presented:

Kimberly Crocker was awarded Youth of the Year; Patsy Whalen was awarded Citizen

of the Year; Derek Strickland was awarded Coach of the Year; Wes Welcher was

named Male Athlete of the Year; Sarah Strickland was chosen Female Athlete of

the Year; Joyce Hussey was named Volunteer of the Year; and the Kinsmen Club of

Paradise was named Volunteer Group of the Year.

In addition to the seven winners, a number of individuals and groups received

honourable mention and should also be commended for their contribution to their

community.

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

congratulating the award winners, the Town of Paradise for sponsoring the event,

and all the volunteers who work diligently for the betterment of our community.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. SWEENEY: Mr. Speaker, I rise today to congratulate Warrant Officer

Kristi Bourne, Squadron Commander of 589 Royal Canadian Air Cadets, Carbonear,

who, along with her family, are present here today, as was previously announced

by the Speaker.

Kristi, a seventeen-year-old Level 2 student at Carbonear Collegiate, is one

of two cadets selected from Newfoundland and Labrador for the International Air

Cadet Exchange. Sixty-one out of 23,000 cadets from across Canada were selected

to receive a trip as an "Ambassador for Canada" to one of eleven host

countries.

Mr. Speaker, the selection process was based on a number of prerequisites,

including: weekly performances at local squadrons; good citizenship; previous

summer training and camp reports; academic excellence in school; and, a personal

interview in which the cadet is questioned on their knowledge of military issues

and current affairs.

Kristi will be travelling to Ottawa for training, and then on to the

Netherlands for three weeks in July. She is currently working on the Gold level

of the Duke of Edinburgh's Award, which she hopes to have completed this

summer.

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

congratulating Kristi Bourne as an "Ambassador for Canada" for the

International Air Cadet Exchange.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Lake Melville.

SOME HON. MEMBERS: Hear, hear!

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

Mr. Speaker, I rise in the House today to acknowledge the dedication of

numerous individuals in Happy Valley-Goose Bay.

The eighth annual Community Awards Banquet was held earlier this month, which

I was honoured to attend. Some fifty nominations were submitted in twelve

different categories, including: Builder of the Year, Athlete of the Year, and

Volunteer of the Year. All of those individuals and groups were deserving of a

win, and I wish to thank the winners and the nominees for their dedication.

Mr. Speaker, I would like to make a special note with regard to the winner of

the Citizen of the Year, Nanette Blake, who, for as long as I can remember, has

given tirelessly of herself to the Happy Valley-Goose Bay Special Olympics Team.

Members of the team have won numerous awards and achieved great things due to

her commitment over the years. Two of the team members, Jodi Michelin and Brian

Allingham have, this year, been named to the national team and will be

travelling to Manitoba in July for competition.

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

congratulating Nanette Blake on her win as Citizen of the Year; also, the

coaches and volunteers of the team; and also the Special Olympics Team for their

hard work, dedication, and training in competing with their peers in the

provincial and national competitions.

Thank you very much, 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, I am pleased to rise today to congratulate Ms Jackie Jenkins, a

Grand Falls-Windsor lawyer who has been awarded Entrepreneur of the Year for

Central Newfoundland by NLOWE, the Newfoundland and Labrador Organization of

Women Entrepreneurs.

Jackie was born in Grand Falls-Windsor, and completed an undergraduate degree

at Memorial University. After completing her law degree at Dalhousie University

in Halifax, Jackie returned to Grand Falls-Windsor in 1989, joined the practice

of brothers Gerard and Michael Griffin. On February 24, 2003, she opened her own

business, Jacqueline Jenkins Law Office in her home community, practicing

family, real estate, corporate, civil and criminal law.

Mr. Speaker, Jackie says that one of the best parts about being a lawyer is

the wonderful feeling she gets when she has helped resolve a substantial problem

in someone's life and also the realization of her dream of being an

entrepreneur. That same commitment to her work carries through with her

involvement in many volunteer groups in the community.

Mr. Speaker, I read with great interest in Sunday's Telegram the twenty

questions asked to Ms Jenkins, and she credits her mother with being the

greatest inspiration in her life. What a fitting tribute, and especially on

Mother's Day.

Mr. Speaker, Jackie will now have a greater opportunity to work for the

furthering of women's issues in this Province, as she was recently appointed

to the Provincial Advisory Council on the Status of Women.

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

congratulating Ms Jackie Jenkins.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Placentia & St. Mary's.

SOME HON. MEMBERS: Hear, hear!

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

Mr. Speaker, it is a great pleasure that I rise today in this hon. House to

congratulate two Level III students, Brenda Greene and Deanna Power, who

exemplify motivation, self-discipline, leadership and the pursuit of excellence.

Throughout her academic career at St. Catherine's Academy in Salmonier,

Brenda maintained an average of ninety-plus - an amazing feat, considering she

completed her math and physics courses through distance education. She is the

member of the 3A High School Basketball Champions and a provincial champion

shooter in the Enright Memorial Cadet Corps. She is the daughter of proud

parents, Donald and Magdelene Greene of St. Joseph's.

For her efforts, Brenda has recently been named the winner of the Dr. Leslie

Harris Entrance Scholarship to Memorial University, a value of $25,000, which

she plans to pursue a career in biochemistry.

On Friday of last week, at the Fairmont Royal York Hotel in Toronto, Deanna

Power of Laval High School, Placentia, and daughter of Tom and Anna Power of

Dunville, was presented with this year's Toronto Dominion Canada Trust

Scholarship for community leadership and academic excellence. One of only twenty

recipients across Canada out of 3,500 applicants.

Deanna is a member of her school council, yearbook committee, RCMP Youth

Advisory Committee and founded the first ever Red Cross 4-H Group in Canada. She

is active in her church, a member of the CLB Regimental Band - she plays eight

instruments, by the way - and is a youth representative on the Atlantic-wide

anti-drug awareness campaign.

In 2003, she received the National Youth Service Award from the Canadian Red

Cross. The scholarship is for $60,000. She will receive full tuition, $5,000

going towards living expenses per year, and an offer of summer employment for up

to four years. She is pursuing a music degree from Memorial this fall.

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

expressing our heartiest congratulations and sincere best wishes to Brenda

Greene and Deanna Power.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, I rise today to congratulate April Yetman of

Bryant's Cove who won a visual arts award on Saturday, May 13, 2006. She was

one of five winners in the Visual Arts Division of the Arts & Letters

competition, the E.J. Pratt Junior Division.

April is a Grade 8 student at St. Peter's Elementary in Upper Island Cove.

Ninety-six paintings were entered in the competition and April's entry was a

painting of her grandfather's horse.

Mr. Speaker, I would like to congratulate all of the winners and organizers

of this outstanding competition, and I ask all members of this House to join

with me in extending sincere congratulations to April Yetman on winning this

prestigious Visual Arts Award.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury

Board.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

I rise today to talk about a very important division within the Public

Service Secretariat - the Office of French Services, which exists through the

Canada and Newfoundland and Labrador Agreement on French Language Services.

We are pleased to work with the federal Department of Canadian Heritage in

this way to continue to increase government services in French to the Province's

francophone community.

This division, while known to some throughout government for French language

training, is becoming a vital instrument in enhancing government's ability to

provide services in French through translation, linguistic support and liaison

with the community. The role of this office, Mr. Speaker, is expanding every

year.

Our government now has a policy requiring that all government translations

are to be coordinated by the Office of French Services to ensure highest

quality. Also, the Office of French Services now has a dedicated translator on

site to reduce costs associated with out-sourcing and to ensure that urgent

requests are dealt with promptly.

Thanks to this division, our government departments have more Web site

content available in French to better serve our French speaking citizens.

The Office also is proud to boast on-going partnership with the Canada School

of Public Services and the Eastern Health Authority to provide French language

training to the employees of these organizations. We are the only Province in

the country providing specialized French training to health care professionals.

As Minister Responsible for the Public Service Secretariat, I encourage

everyone to visit the Office of French Services and browse their Web site to

become more familiar with the varied services they can provide government

departments. There will also be an opportunity to learn more at the information

booth during Public Service Week in June.

Mr. Speaker, in closing, I ask my colleagues to join me in celebrating

Provincial Francophone Day on May 30. This year, to commemorate this important

day, members of the francophone community and children of the French school will

gather in the East Block lobby to celebrate the event and then proceed outside

to witness the raising of the French-Newfoundland and Labrador flag. Much to our

delight, this year members of the national Committee of Officials Responsible

for the Canadian Francophonie will be in St. John's for meetings and will take

part in the ceremony to mark this important day.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS THISTLE: Thank you, Mr. Speaker.

After some prompting, we made sure that the minister had an opportunity to

give his first minister's statement this year. When I opened the package and I

thanked the minister for a copy, I thought: Well, the minister must be going to

stand in his place today and announce funding for the paramedics like he said he

would do in Opposition. I was going to stand here and say: Yes, I agree with

that.

Seriously, this announcement today is one that I can agree with for sure.

When I was President of Treasury Board, I used this Office of French Language

Services on many occasions for translation of correspondence and it was always

good to see our public servants being able to avail of that particular service.

Many of them left work, moved around their lunch hours and their hours of work -

we gave them flexibility when we were the government - to make sure they were

able to take

part in these classes because being proficient in French was a

valuable asset for this Province as well. You know, this time of the year it was

always interesting. We always wondered if we -

MR. SPEAKER: Order, please!

The hon. member's time has expired.

MS THISTLE: By leave?

MR. SPEAKER: By leave to clue up?

AN HON. MEMBER: By leave.

MR. SPEAKER: Leave is granted.

MS THISTLE: Thank you, Mr. Speaker.

It was always interesting this time of the year because you never did know if

you were going to actually receive federal government funding until the federal

government Budget was actually brought down, but it is a program that has been

in effect for many years and a good one. This side of the House would like to

join in congratulating the people in this Province who will be celebrating

Francophone Day on May 30.

Thank you, Mr. Speaker.

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

AN HON. MEMBER: Bonjour!

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

I would like to thank the minister for an advance copy of his statement.

I would like to congratulate the department on continuing the expansion of

French services in our Province.

I would like to say to the minister, that the inclusion of the French

language in our public schools for people who are going through the Immersion

programs - people have said it is better to be bilingual. It is probably more

important than a university degree in getting a good paying job, particularly

with the federal government. The emphasis should be on education and teaching

people to become bilingual.

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: Thank you, Mr. Speaker.

A degree of important should be attached, a higher degree of importance than

is presently attached, to the offering of French courses in our post-secondary

and primary and secondary school systems, and the French Immersion program in

our Province should be expanded to a lot more areas than it currently is. I know

the one in Labrador West, as an example, had to campaign vigorously with the

minister and with government to protect the program that has been in place there

for many, many years. That is very important to the school and I don't think

that should have to happen, Mr. Speaker. Rather than fighting to protect

existing programs, this government should be offering an expansion of French

education 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.

My questions are for the Premier.

Mr. Speaker, we have been asking questions on very important fisheries issues

since this House opened in March, and yet we have received few, if any, answers

to those questions. The issues were very important and remain important today,

and the Premier admitted as much when he stated in the House on May 1 as to why

he couldn't attend an oil conference in Houston, Texas.

Mr. Speaker, the Premier said and I quote, "We have a very serious

situation going on in the fishery in this Province and I thought the place I

should be is right here in Newfoundland and Labrador."

Mr. Speaker, I ask the Premier: What has happened in the last two weeks that

gave the Premier the comfort level that things have so much improved in the

fisheries that he could take off for a conference in Rhode Island?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, over the course of the last, I guess,

three weeks to a month I had committed to attending three major functions. One

was the oil show in Houston, the other one was a New England Governors and

Eastern Canadian Premiers Conference, and the other one today was a Trade

Mission with the Atlantic Premiers in Miami, with the other Premiers on behalf

of the Atlantic Provinces. I cancelled two of those. I decided it was important

for the Province to be represented at the other conference, which was last week.

At that conference, six states, New England States, were represented. Five

provinces were represented, including Quebec.

On Monday, we had just announced the Lower Churchill project as proceeding

forward. The New England States are an extremely important customer. They were

very keen, very interested, in what we had to hear down there. There were also

interested in the potential of our natural gas and our oil. Our leading economic

initiative is ocean technology. That was the number one agenda item down there;

we spoke to that. We spoke to U.S. trade relations.

I left on Wednesday. I worked on Friday. I spoke to the Minister of

Fisheries. I spoke to some of my fellow Cabinet ministers. I spoke to the

federal Minister of Fisheries. I spoke to staff on fisheries issues.

I worked on Thursday, I worked on Friday, and I worked on Saturday. I got

home at 4:00 o'clock on Sunday morning. I went to bed for five hours. I went

out for Mother's Day. I worked yesterday afternoon, last night, and I am back

to work today. That is seven days a week. I can't do much more than that.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

It seems that the Premier works a lot, but he has not done much on the FPI

file. That is what I would say to the Premier.

Mr. Speaker, on Friday, talks broke down between the union and FPI over what

the union considered contract stripping. Mr. Speaker, we all remember when

another union, the papermakers union in Stephenville, were in talks with Abitibi,

the Premier and the Minister of Natural Resources both said that they would not

tolerate contract stripping by the company.

I ask the Premier, Mr. Speaker: Will you stand today and give FPI employees

in this Province the same assurance that you gave to the people in Abitibi, that

you will not allow FPI to gut their contracts?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, the hon. member opposite, and all members

of the House, know the extra effort that this government did in order to try and

bring a resolution to the problems in Stephenville. The people of Stephenville

acknowledge that. They are very much on side with what we are doing. We stepped

up to the plate in the biggest kind of a way in order to ensure that particular

mill would stay open.

Unfortunately, because of economic circumstances, what was going on in the

industry internationally, but also because of that particular company, we were

not able to accomplish what we set out to do; however, we did make a significant

step forward. We did everything we could, we thought, that was responsible and

balanced for the people of Newfoundland and Labrador. We are doing exactly the

same thing when it comes to FPI.

I just left a meeting in the last hour, before I came to the House, with the

minister, with his deputy minister, with information from officials of the

department. We are in constant contact with the federal government. We are

advancing the Cooke Aquaculture file. We have the Department of Justice now

looking at possible amendments to the FPI Act with regard to governance, in

order to tighten up what the directors can do to make sure they are in

compliance with the spirit and intent of the act. There is a collective

bargaining process which is taking its course right now. The parties have asked

for conciliation; we are accommodating their request.

We are doing absolutely everything we can, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Mr. Speaker, we saw the results of the Premier's efforts in

dealing with the Stephenville mill, even though he said it would never close

under his watch. I just hope that his efforts in dealing with FPI are better

than those that he had with Stephenville.

Mr. Speaker, the Premier and the Deputy Premier often give conflicting

answers to same or similar questions. On May 4, when asked if he would consider

buying FPI, the Premier responded by saying: It is not going to happen. It does

not make good sense. It is not the right thing to do.

On May 10, just a week later, when asked a similar question, the Deputy

Premier said: Have we categorically stated that we would not buy FPI if we have

to? We have not. So, in terms of options, all options are open to us.

Mr. Speaker, I ask the Premier if he can tell us what the answer is today.

Are you considering buying FPI?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, that is certainly not our preferred

option. It is not something we want to do. It is not something that we consider

the right thing to do. It has been suggested by members in the House. It has

been suggested by the union. We do not feel that this government should be in

the business of running FPI, so it certainly isn't under serious

consideration.

I have stated in this House, the Minister of Fisheries has stated in this

House, that all options are always open. We never close the door completely, but

that is certainly not, under any circumstances, a preferred solution to this

particular problem.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

I say to the Premier: You are prepared to buy into the oil industry, you are

prepared to do a Hydro contract by yourself, but when it comes to our most

important industry you are prepared to do absolutely nothing.

Mr. Speaker, we heard the Deputy Premier say on many occasions in the past

few months that government was prepared to amend the FPI Act. Over the weekend,

the Deputy Premier stated in the media that legislative amendments could come

forward as early as this week.

Mr. Speaker, I ask the Premier: What are these amendments that your minister

talks about all the time, and will these amendments be brought to this House

before the end of this week?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, the Premier has already indicated, only a few

moments ago, that we are considering amendments to the FPI Act as it relates to

governance, for example, and other amendments that we have given serious

consideration to over the last several weeks. Whether they will be ready to

bring before the House before the end of this week, I really do not know. That

is another decision.

Certainly, the amendments that we have talked about publicly are in a form

that could be brought before the House rather soon.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

There seems to be a real pattern rising in this House between the Premier and

the Deputy Premier concerning FPI. Now, we heard about amendments three months

ago. Then when we question them: Oh, they may come forward. They may come

forward. When are you going to do something for the people who depend on FPI for

a living in this Province, or are you waiting until they all leave the Province

and find jobs elsewhere?

My final question, Mr. Speaker, is for the Premier. The Premier stated he

would not rule out buying fish quotas from FPI for the plant in Fortune. I say

to the Premier, that if FPI has fish quotas that are beyond their needs to

operate the plant in Marystown, then why are we buying those for Fortune? Why

can't that fish be processed in Fortune?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and

Aboriginal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, the federal Minister of Fisheries and Oceans

has said from time to time, and in the public domain just recently, that FPI, or

any other fish company for that matter out there that has quota, that is a

public property resource, that they better operate under the principle of use it

or lose it. Now, having admitted that and having said that, we, as a government,

turned our attention to buying quota from National Sea a couple of years ago

now, so that we could ensure a future for Arnold's Cove. We would -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. RIDEOUT: Pardon?

MR. REID: Does FPI have fish that (inaudible)?

MR. RIDEOUT: We would, Mr. Speaker - we have said publicly. The Premier

has said, I have said, we would consider, if a quota is available from any

source - whether it is FPI, whether it is some other source. We would consider

it good public policy, Mr. Speaker, to be in a position to acquire that quota

for the future of Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

My questions are for the Premier.

Mr. Speaker, we have spoken to members of the Newfoundland and Labrador

delegation who attended the Offshore Technology Conference in Houston earlier

this month. These individuals have indicated to us that there was, certainly, a

chilly reception from the industry towards the Province's investment climate

and visits to the Province's booth were apparently way down this year. We know

this is having an impact on the local economy as well.

I ask the Premier: When will the industry have the regulatory and royalty

certainty they require so that local businesspeople can, once again, have

confidence in growing their business interests?

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

SOME HON. MEMBERS: Hear, hear!

MR. E. BYRNE: Thank you, Mr. Speaker.

Mr. Speaker, I would challenge the Opposition House Leader to lay on the

table where the chilly reception was, who they got it from, because we would be

interested to assure any member who received a chilly reception. As a follow-up,

we would like to be able to do that. So, I ask the hon. member, if he has

substantive information that he would like to pass on for us to deal with, I

certainly would.

Having said that, Mr. Speaker, my own information is this, we had the largest

delegation from Newfoundland and Labrador ever to attend the oil and gas show in

Houston. The largest delegation, led by a senior Minister of the Crown and

Minister of Intergovernmental Affairs. Our reports, and the reports that we

received back, was that there was a significant amount of interest related to

our industry with respect to gas development, with respect to oil development,

with respect to supply and service. Were there questions related to the

negotiations with Hebron? Absolutely! There were questions here, there were

questions in Newfoundland and Labrador and there were questions in Houston, ones

in which we would not shy away from.

Mr. Speaker, with respect to the latter part of his question; our view has

been the same as it was six months ago, as it is today. Once the energy plan is

complete, which will be about four to six months from now, the certainty

surrounding natural gas royalty, development of wind energy, energy policy

generally, where that will go will be answered.

Mr. Speaker, we are not afraid to stand by that commitment because of this

reason. For the first time in our Province's history we will have a plan that

speaks to the future in a coordinated, long-term and visionary sort of way.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

Perhaps if the minister and the Premier had taken the time to be in Houston,

in fact, they would have felt the chill themselves and they would not have to be

looking to us for the answers.

Mr. Speaker, we have heard much over the past few weeks regarding the

problems associated with the Hebron-Ben Nevis project and the development of our

oil and gas industry. Officials with the oil companies have stated publicly that

they are in a holding pattern until government solidifies the rules which govern

the offshore, and they will not be moving forward with natural gas developments

until a royalty regime is in place.

The Premier and the Minister of Natural Resources have stated that no energy

projects, including such things as Anemos Energy, for example, will be approved

until the energy plan is finalized. However, last week the Premier, during a

polling period, announced his intentions for the Lower Churchill.

I ask the Premier: Why are you making announcements on the Lower Churchill

that contain no concrete details, yet your Minister of Natural Resources is

constantly saying we are not making any final decisions on anything until the

energy plan is done?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: First of all, Mr. Speaker, we are not going to be

dictated to by oil companies, gas companies or anybody else.

SOME HON. MEMBERS: Hear, hear!

MR. REID: Fish companies (inaudible)!

MR. SPEAKER: Order, please!

PREMIER WILLIAMS: The hon. leader of whatever he is leader now, interim

leader, possible new leader, Opposition leader, is mouthing off over there. I

mean, you went down there. You did not get a cool reception down in Houston

because you were out on the golf course all the time. There is a lot of heat out

there on the golf course. That is all you and your predecessors ever did when

you were down there.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

PREMIER WILLIAMS: I go to these conventions to work. That is what I do

when I go to these conventions.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: So, in answer to the question from the House Leader -

MR. REID: (Inaudible) Stephenville went down? South Carolina golfing. If

you want to talk golfing, you know more about golfing, you own three courses.

MR. SPEAKER: Order, please!

A question has been asked. I ask the Premier now if he could complete his

answer quickly.

PREMIER WILLIAMS: In answer to the allegation from the Leader of the

Opposition, I haven't golfed in South Carolina in about ten years, so your

information is incorrect. Just so you know.

Mr. Speaker, they want to have their cake and eat it too. I mean, we have the

quote which the House leader gave when he did his interview on CBC, and he said:

If it going to be a weak deal, there should be no deal, and we are suggesting

that the Premier should stick to his guns by all means. I think there is some

posturing here by the oil companies. I think the Premiers should keep their feet

to the fire. If they think I am going to go to Houston to kiss the backsides of

oil companies, it is not going to happen.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you.

Just for the record, there is certainly nobody talking about me when they

talk about golf. I don't know the first thing about it. That must be between

the Premier and someone else over here, it is certainly not myself.

With respect to keeping their feet to the fire, no problem. We have been

suggesting that, Premier. All we have been trying to do, as an Opposition, is

find out some detail. We have gotten very little of that from you and your

government in the last three weeks.

Mr. Speaker, last Monday in the House of Assembly, the Premier stated that he

hopes to finance the Lower Churchill project through a guarantee from the

federal government. He stated that the Prime Minister made an election

commitment and he hoped the federal government would follow through on that

commitment. After reviewing the statements of the Prime Minister, it appears his

words are anything but a solid commitment to the Lower Churchill project.

I ask the Premier: Have you started any formal process with the federal

government to solidify this financing guarantee?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, I didn't say we were prepared to do the

Lower Churchill on the basis of a guarantee from the federal government. I said

that we did have a commitment from the federal government, that we were prepared

to provide a guarantee. What I have said quite clearly though is that, if

others, like the Government of Ontario, the Government of Quebec, SNC Lavalin,

Trans Canada, and other companies, other groups and other consortiums are

prepared to do this project and they consider it to be feasible, why shouldn't

Newfoundlanders and Labradorians do it? If everybody else finds it profitable,

if everybody else finds it economically feasible, and we have looked it and we

have studied it and we think it is feasible, why wouldn't we do it ourselves,

why wouldn't we own it ourselves, why wouldn't we keep it ourselves?

With regard to the commitment of the Prime Minister: I wrote the Prime

Minister during the last election as I wrote a previous Prime Minister during a

previous election. I wrote all leaders and got commitments from them in various

aspects of the election. This particular Prime Minister came back and said that

he would seriously consider a guarantee. When he was in St. John's, at an

interview at CBC, he said: I am quite prepared to do that. Now, that is a

definitive commitment and we will hold that government to that commitment.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

On Thursday past, the MP for Labrador asked the Prime Minister a question in

the House of Commons regarding the loan guarantee for the Lower Churchill

project. It is very telling that the Prime Minister was in the House of Commons

and our regional minister, Mr. Hearn, was in the House of Commons when that

question was asked and neither rose to respond. In fact, Natural Resources

Minister Gary Lunn responded on behalf of the federal government and he was

very, extremely, vague on whether this loan guarantee will be forthcoming.

I ask the Premier: What is Plan B if the federal government refuses to

provide the guarantee?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, the Prime Minister, in my discussions with

him when he was here in the Province and when I returned to the mainland with

him, indicated that he wanted to see the business plan for the Lower Churchill.

That plan is being prepared. We want to make sure that, when we have the plan to

put before the government, we have the very best possible plan that we can put

forward, so we actually have Newfoundland and Labrador Hydro and the minister's

department working on that right now. It will not be a power point presentation,

like the Member for Bellevue did when he used to drive up to Ottawa and look for

$800 million or a billion dollars and come up with a power point and turn around

with nothing.

In answer to that, we are in the process of preparing a business plan to

present to the Prime Minister, which, in all fairness, he wants; and the federal

minister, Minister Hearn, is clearly on the record that he very strongly

supports the Lower Churchill and our involvement and our lead on the Lower

Churchill.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Mr. Speaker, the Federal Energy Regulatory Commission,

commonly known as FERC, oversees and regulates the transmission of energy in

North America. If transmission

capacity is available in Quebec under FERC rules, Quebec must allow our

Province access to that transmission capacity for a feed.

My understanding is that this rule only applies if there is capacity

available. With Quebec's recent announcement of their $25 billion energy plan,

much of their available capacity is expected to be utilized.

I ask the Premier: If Quebec does not have existing capacity available for

the Lower Churchill power as a result of their own developments, would this

Province, and has it been contemplated that this Province would have to build

and maintain new transmission lines? If so, has that cost been factored into the

$6 billion to $9 billion figure that has been bandied about for the Lower

Churchill?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Thank you, Mr. Speaker.

I am glad the Opposition House Leader asked that question. It just confirms

another reason exactly why I was in New England, exactly why I attended at Rhode

Island. I did actually have consultations with officials who are dealing with

FERC, a gentleman who has appeared before that body for a period of over

twenty-five years, who we now may be consulting on behalf of the Province to

look at these very issues.

Officials from Quebec were there at that particular conference, the Assistant

Deputy Minister was there, along with the Premier, so those issues have been

discussed and that is an ideal forum in which to discuss it because of the huge

demand for energy of all sorts in New England.

With regard to the upgrading of transmission, absolutely, if there is not

enough capability to carry what we are trying to deliver to either Ontario or to

the United States, it will have to be upgraded.

As you are aware, our power will not come on stream until about 2015. Ontario

needs a lot of juice right now. They are looking to buy some from Quebec at this

particular point in time. If Quebec power is going to be brought into Ontario

there will be upgrades necessary, so they will either be done to use our power,

to use Quebec power as it presently is. If there are upgrades involved, and if

there is additional cost involved, that would be part of the tariff that we

would have to pay in order to wield our electricity into other markets, and that

is an expense that has been factored in.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. PARSONS: Thank you, Mr. Speaker.

My final question for the Premier: Over the past several years, environmental

assessment studies have been undertaken and completed on the Lower Churchill

project. On Monday past, government announced another study will be undertaken

that would take up to three years to complete. As a matter of fact, I understand

no final decision on the project is expected to take place until 2009.

I ask the Premier: What is the scope of this new environment assessment, and

why is the information contained in the other studies not sufficient or cannot

be used? Is there any particular reason we need a new one?

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

SOME HON. MEMBERS: Hear, hear!

MR. E. BYRNE: Thank you, Mr. Speaker.

Mr. Speaker, I think if the member would reflect upon the question, it is

simply this: It has been about three-and-a-half to four years since the last

attempt to develop the Lower Churchill did not go anywhere. Rightly so, it did

not go anywhere. In 1997 and 1998, when some of these studies were completed,

again, there is dated information. This is up-front information, part of the

process that is required to move the project forward to project sanction,

hopefully, by 2009. This is a part of the environmental assessment process, both

provincially and federally, and a process that will adhere to the letter of the

law and a body of regulations that are associated with it, 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.

My question is for the Minister of Finance.

When the minister was on this side of the House of Assembly, he met with

ambulance operators and supported their cause for increased services. In his

questions to the House at that time, he recognized that there was a lack of

ambulance services being provided in the city and that it was having a serious

impact upon people's health and, in some cases, jeopardizing their lives.

Today, I ask the minister who is now the Minister of Finance with surplus

budgets: Are you prepared to address this serious problem and instate a service

in this city that is comparable to other cities of its size across the country

just as you advocated for three short years ago?

[Disturbance in the gallery]

MR. SPEAKER: Order, please!

Visitors in the gallery are welcome to our House. It is not my wish to ask

you to leave; however, I ask you for your co-operation.

I would invite the hon. the Minister of Finance and President of Treasury

Board to give a response to the question put by the Member for Cartwright-L'Anse

au Clair.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker.

Yes, over six years ago I raised questions similar to what the Member for

Cartwright-L'Anse au Clair has indicated. Since that time I have been

informed, through the Department of Health, through the Regional Integrated

Health Authority, concerns I raised on April 27, 2003, over three years after

raising those concerns, that there were concerns with having ambulances in the

evening, and there was an extra ambulance put on every day from -

[Disturbance in the gallery]

MR. SULLIVAN: I would like to answer the question, Mr. Speaker.

[Disturbance in the gallery]

MR. SPEAKER: Order, please!

If there are further interruptions from the gallery -

[Disturbance in the gallery]

MR. SPEAKER: Order, please!

If there are further interruptions from the gallery, the Speaker has no

choice but to ask the members who are here for this particular issue to leave.

The Chair recognizes, for a few concluding comments, the Minister of Finance.

MR. SULLIVAN: Thank you, Mr. Speaker.

I was asked a question in the House, and I indicated that I would like an

opportunity to finish it.

I was informed by the Department of Health, in consultation with the Eastern

Regional Integrated Health Authority, that, on April 27, 2003, there was an

ambulance put on from four to twelve every day, and an extra twelve hours on

Saturday and Sunday. I have not heard their issue raised since 2003. I have

never raised it since that, while in Opposition.

At the time, I assumed that the action that was taken was adequate. I have

not heard from anyone on it in the last three years. As to what is happening in

the future, I am sure the Minister of Health is quite capable of answering

questions on his department.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Chair recognizes the Member for Cartwright-L'Anse au Clair, on a

supplementary.

MS JONES: Thank you, Mr. Speaker.

At the time, the minister based his argument on the fact that there was a

lack of ambulance services and that there were six ambulances actually in the

Health Care Corporation, of which only four of them were in use at any time

serving a population of over 200,000 people.

Minister, today there are still only four ambulances in service on a daily

basis and two on an evening basis. The circumstances have not changed.

Now, as the Minister of Finance, will you make a commitment to deal with this

problem?

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

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

Mr. Speaker, there was an increase in ambulatory service in 2003. Myself,

prior to the Budget, I did not hear any representation from the paramedics on

this particular issue. The Member for St. John's East, the former minister,

did not hear any representation from the paramedics on this issue, and the

former minister, the Member for Topsail, the former Minister of Health, did not

hear any representation from the paramedics on this issue.

In addition to this, Mr. Speaker, we have put $400,000 that was not budgeted

for in this year's Budget towards ambulatory services to increase dispatch

services and to put a transfer service on during the days.

Mr. Speaker, we have agreed that during the next six months we would review

the night services and address those services should they need to be addressed.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Chair recognizes the Member for Signal Hill-Quidi Vidi.

MR. HARRIS: Thank you, Mr. Speaker.

My question is for the Premier.

In October of last year the Premier said, in relation to Abitibi Consolidated

in Stephenville, and I quote: We have had enough of the antics of this company.

We are not going to be part of a union bust out there. That is not what this is

all about.

Mr. Speaker, in the face of FPI seeking to take away vacation pay, overtime,

bereavement leave, other types of leave, lower wages, why is it that the Premier

was so adamant about the actions of a private company, of which the Province has

no jurisdiction, and yet appears to be unwilling to take strong action against a

company that is a creature of the Legislature of Newfoundland and Labrador over

which we have total control?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Thank you, Mr. Speaker.

I thank the hon. gentleman for that question. I think it is a fair question.

We certainly did not like the way that Abitibi were behaving and the manner

in which they were treating the union and the employees out there. The union

wanted to enter into a bargaining arrangement. The union were quite comfortable

with what government had done in order to step up for the people in the

Stephenville region and on their behalf.

With regard to FPI, we do not like what FPI are doing with their workers,

quite frankly. That is why this government at its Cabinet meeting, and as

recently as this weekend, has authorized the Department of Justice to look at

the FPI Act, to look at possible amendments, and when those amendments are

ready, those amendments will be brought before this House.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

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

MR. HARRIS: Thank you, Mr. Speaker.

Again, last fall the Premier and his government considered expropriation and

argued in favour of that. Today, an experienced international business advisor,

Bruce Keating, talked about the need for restructuring of the company and

suggested that the government should be much more aggressive in dealing with a

company who appears to be run by its competitors.

Mr. Speaker, the Premier will recall that it was a PC Government in 1984 that

created FPI out of restructuring. Why is it, Mr. Speaker, that the Premier and

his government appear to be willing to be weak and ineffectual when it comes to

FPI in the face of one of the most significant crises in rural Newfoundland

since the cod moratorium?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, I do not think anyone in the Province will

accuse this government of being weak and ineffectual under any circumstances

whatsoever. This is a very, very complex matter. The hon. gentleman opposite

knows that. The members of the Liberal Party on the other side of the House all

know that. The fishery is an extremely complicated industry. What we are doing

is allowing some of the process to work out. You know, there are people now who,

this very day, are making an application to the Board of Directors of FPI. The

Member for Grand Falls-Buchans knows that. A relative of hers is looking at,

possibly, acquiring assets in the company. That is taking its course. The union

are taking their course with respect to Marystown. We are allowing these things

to move on. We are monitoring each and everyone of them very, very closely. As I

said before, when it comes to governance, when it comes to conflict of interest,

when it comes to the manner in which a couple of those individuals are running

that company, we are extremely concerned about it and we are having a hard look

at it and amendments will come before this House.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Falls-Buchans, there is time

for a very short question.

MS THISTLE: Thank you, Mr. Speaker.

Mr. Speaker, consumers in this Province are paying too much for gas and home

heating fuel. We already know that Newfoundland Hydro have set the wheels in

motion to ask for another increase, which will affect all of us burning

electricity. The Minister of Finance has always maintained that the HST could

not be adjusted unless all Atlantic Provinces agreed, yet Nova Scotia and New

Brunswick have found a way to give a subsidy, equivalent to 8 per cent, to all

households in their jurisdictions. This is the same government that left a $76

million cash surplus on the table. What are you going to do about consumers in

this Province?

MR. SPEAKER: Order, please!

The hon. the Minister of Finance, time for a very brief response.

SOME HON. MEMBERS: Hear, hear!

[Disturbance in the gallery]

MR. SPEAKER: Order, please!

[Disturbance in the gallery]

MR. SPEAKER: Order, please!

This House is in recess. I ask the gallery to be cleared and when the House

is ready, the House will resume.

Recess

MR. SPEAKER: Order, please!

The time allocated for Question Period has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

Notices of Motion

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

MR. J. BYRNE: Mr. Speaker, I give notice that I will, on tomorrow, ask

leave to introduce a bill entitled,

An Act To Amend The Assessment Act And The

St. John's Assessment Act. (Bill 31)

Thank you.

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Fisheries and Aquaculture, and Aboriginal Affairs.

MR. RIDEOUT: Thank you, Mr. Speaker.

On behalf of my colleague, the Minister of Justice and Attorney General, I

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

Act To Amend The Public Utilities Act. (Bill 26)

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Government Services.

MS WHALEN: Mr. Speaker, I give notice that I will, on tomorrow, ask leave

to introduce a bill entitled,

An Act To Amend The Highway Traffic Act. (Bill 30)

Thank you.

MR. SPEAKER: Further notices of motion?

The hon. the Government House Leader.

MR. E. BYRNE: Thank you, Mr. Speaker.

I give notice, according to Standing Order 11, that the House not adjourn at

5:30 p.m. tomorrow, and I give further notice, according to the same Standing

Order, Standing Order 11, that the House not close at 10:00 p.m. tomorrow.

MR. SPEAKER: Further notices of motion?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Thank you, Mr. Speaker.

I stand again today with a petition on behalf of the residents on the North

Shore of the Bay of Islands concerning the Wild Cove dump site. Today I have a

petition signed from the residents of Cox's Cove, and this is over 1,000

people now who have signed the petition since it was circulated.

I will not read the prayer of the petition because we are all well aware of

it, but I will say now to the people on the North Shore that the two ministers,

the Minister of Municipal and Provincial Affairs and the Minister of Environment

and Conversation, have agreed to meet with the concerned councils on May 26 in

Corner Brook so that they can voice their concerns. I just hope that the two

ministers will come with an open mind to listen to the concerns of the mayors,

and I hope that the decision is not already completed.

I say to the Minister of Municipal Affairs and to the Minister of Environment

and Conservation, if you have a bit of time, a half hour or fifteen or twenty

minutes, take a drive over to the dump site and you will see what the concerns

of the residents are and why the concerns are being expressed.

I will just give you one example, Mr. Speaker. I always knew this, but

someone asked me to just bring it up in the House. The dump site is over there

for all the municipalities, the North Shore, the South Shore and the Bay of

Islands. I am from Corner Brook, Curling which is a part of Corner Brook. I can

take my truck, bring over any garbage, Monday to Saturday, and drop it off, no

problem. Someone from Irish Town or Hughes Brook, the adjacent communities, have

to pay twenty-five bucks to drop off a bag of garbage if it is not collected by

the garbage collector. This is for all the municipalities outside the City of

Corner Brook. It is unfair, if your town is paying a certain fee to the City of

Corner Brook to collect your garbage, that I, as a person from the City of

Corner Brook, can drop off garbage anytime I like free of charge.

I say to the two ministers, it is getting so bad now, when you drop off

garbage at the dump site you have to show an ID of your address. That is how bad

it is getting over there now. If people have to continue paying twenty-five

bucks, where is the garbage going to be? It is going to be on the sides of the

roads. It is going to be tossed over the banks somewhere. This is one of the

concerns, that somehow it has to be a regional dump site.

I say to the Minister of Municipal Affairs: I know you said in you speech

last week about the gulls flying around. I will just give you a little tidbit.

Go over and visit the dump site but wear plastic, because if you walk on the

dump site and you don't wear plastic around your shoulders, you will not be

able to wear that suit from stuff falling from the gulls; I can assure you that.

If you feel there are no gulls over there flying around, there are no gulls in

the dump site area, go over, take a walk over.

MR. J. BYRNE: I will be going over.

MR. JOYCE: And I hope I am with you.

MR. SPEAKER: Order, please!

The hon. member's time has expired.

MR. JOYCE: By leave?

MR. SPEAKER: Leave has been requested.

Has leave been granted?

AN HON. MEMBER: By leave.

MR. SPEAKER: Leave is granted.

MR. JOYCE: Just in closing, I look forward to meeting with the two

ministers in Corner Brook. Thank you for agreeing to meet with the councils.

Again, visit the dump site just so you can get a firsthand view.

If there is going to be a regional disposal site, as the minister says, this

is what has to be explained to the residents of the North Shore. They are

unaware of it. I can tell you, they are unaware of it.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions.

The hon. the Member for Grand Bank District.

MS FOOTE: Thank you, Mr. Speaker.

I rise today to present a petition on behalf of the people of the District of

Grand Bank. The same petition that I have been presenting now since, I guess,

the House has been sitting this session; a petition that has been signed by

hundreds of people who worked at the plant in Fortune but, as well, people who

are now feeling the impacts of that plant being closed.

What they are asking in the prayer of the petition, Mr. Speaker, is that the

government find a way to ensure that the quota traditionally processed at the

fish plant in Fortune continue to be processed there. They really are feeling

the impacts of having, I guess, borne the brunt of the callous actions of a

company like Fishery Products International, when they chose to close the plant

in Fortune, putting over 300 people out of work. I think if you do the

multiplying factor, Mr. Speaker, you realize that we are talking about more than

300-some odd people. In fact, when you look at a small community like Fortune

and the other communities that are being impacted by this decision, you are

talking about eight communities all together. Not only the communities where

people actually worked at the plant, but the fishermen who supply the product to

the plant as well. Then you have to look at the businesses that relied on the

money that was made by the employees who worked at that plant.

So, concerning the multiplier effect here, you have hundreds and hundreds and

hundreds of people being impacted by a decision made by a company who has lost

sight of their social responsibility to the people of Newfoundland and Labrador.

A company that was created to not only make a profit, as we expect all companies

to do, but in doing so, bear in mind that you are able to make that profit

because of the people who work for you. What we are finding today is that

hundreds of people are out of work because of FPI and we are calling on the

government - and I am doing it on behalf of my constituents. In fact, on behalf

of the entire Burin Peninsula, because do not forget, people who work there in

Fortune shop in other parts of the Burin Peninsula, particularly in Marystown.

So I am calling on behalf of the government to acknowledge that there is an

issue here, recognize that if we could keep those quotas in Fortune, to be

processed in Fortune, then there would be employment opportunities for the

people who traditionally processed that fish in Fortune. All it would take would

be for this government to use the authority it has under the FPI Act - it is a

piece of legislation - that they can come back into this House, amend however

they see fit, to ensure the quota that is traditionally processed in a

community, stays within that community, but that is not what is happening today.

What we are finding today is we have Harbour Breton closed, we have Fortune

closed, and we have Marystown where we have seen a significant cut in the

workforce there. What we are saying is that if FPI has surplus in terms of

quota, then why wouldn't they just turn it over to Fortune or turn it over to

Harbour Breton? Why is it that we have to have a discussion about whether or not

we are going to buy quota? What the people here are asking is for the government

and the company to recognize the historical attachment here to the fishery and

to try and do everything possible, as a government, to make sure that those fish

continue to be processed at those plants where they have been processed

historically.

If you were to look in my district, in particular, you would see what is

happening to people. They are having to leave on a daily basis. They are going

to Alberta. They are going to Northern B.C. They are going to P.E.I. They are

going to wherever there is employment opportunities available to them. The

difficulty with that, of course, is that they are either having to leave their

families or the entire family will be moving. That is what we are fearful of now

come June, that the exodus we have seen to date will be that much greater -

MR. SPEAKER: Order, please!

The member's allotted time has expired.

MS FOOTE: Thank you, Mr. Speaker.

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

MR. E. BYRNE: Thank you, Mr. Speaker.

I wonder if I could have leave to revert to Notices of Motion? There was one

that had to be put down. I do not think that would be too much difficulty. I

just want to have leave so -

MR. SPEAKER: Leave has been granted.

MR. E. BYRNE: Thank you, Mr. Speaker.

I just want to give notice, and by leave, move that Mr. Charles Furey be

appointed as Chief Electoral Officer under

section 4.(1) of the Elections Act,

1991, effective May 1, 2006 and that Mr. Charles Furey be appointed as a

Commissioner of Members' Interest under

section 34.(2) of the House of

Assembly Act, effective March 1, 2006.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

The hon. the Member for Carbonear-Harbour Grace.

MR. SWEENEY: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to present a petition on behalf of the undersigned

residents. The prayer of the petition simply goes:

WHEREAS the Department of Education, Province of Newfoundland and Labrador,

is responsible for funding school districts in the Province of Newfoundland and

Labrador; and

WHEREAS the Eastern School District is responsible for the administration and

funding of schools in the Eastern District and, in particular, Harbour Grace

Primary School at Harbour Grace; and

WHEREAS Harbour Grace Primary School at Harbour Grace is a Kindergarten to

Grade 4 school which provides education to children from the Carbonear-Harbour

Grace area; and

WHEREAS the Eastern School District is currently recommending closing Harbour

Grace Primary School and transferring the young children to St. Francis School,

a Grades 6 to 9 school;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the

House of Assembly to support the residents of Harbour Grace in their request to

have the Harbour Grace Primary School in the Town of Harbour Grace remain open,

and as in duty bound your petitioners will ever pray.

Mr. Speaker, I received this petition over the weekend, and it is signed by

quite a large number of residents of the town. They have asked me to offer my

disappointment and their disappointment at the decision of the Eastern School

District to close yet another school in that particular town. The closing date

is scheduled to be 2010. The school slated for closure, Harbour Grace Primary,

is one of the newest schools in the district. It was built in 1989.

Mr. Speaker, we all support maintaining high standards in our educational

system. I would be the first to applaud the construction of a new school if it

were believed to be needed in the area.

I think there has to be an assessment done of the schooling needs and the

school buildings in that particular area.

I received a number of letters from the mayor and from other concerned

citizens. One of the things that galled the people most of all was that they

were only allowed a ten-minute stopwatch presentation to a minority group of

elected trustees. When I say a minority, there were two trustees out of fifteen

who were there. Now, when you only have two people representing a group of

fifteen, how can anything constructive be accomplished? There was no time given.

There were no allowances made for conversation afterwards and no input from any

of the residents there; ten-minute presentations by the people of that community

to two people of that board.

Mr. Speaker, the Town of Harbour Grace is a very historic town and they

deserve better. I have worked with the town long enough to know that they are

open to healthy, constructive dialogue.

MR. SPEAKER: Order, please!

The hon. member's time has expired.

MR. SWEENEY: By leave to clue up?

MR. SPEAKER: Leave to clue up?

AN HON. MEMBER: By leave.

MR. SPEAKER: The hon. member has leave.

MR. SWEENEY: Mr. Speaker, I can assure you that after today I will be

back again on this issue. It is a very, very important issue, I say to the

Minister of Municipal Affairs. The people out there, and the children in

particular, deserve to have a full hearing.

Thank you, Mr. Speaker.

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

MS THISTLE: Thank you, Mr. Speaker.

It is interesting today that the petitions we are hearing are really the

voices of rural Newfoundland and Labrador and they are falling on deaf ears.

Today, again, I am standing on behalf of the residents of Buchans and all the

area connected to the Buchans Highway, which would include Millertown, Buchans

Junction, Badger and Buchans.

It is also interesting, Mr. Speaker, this morning I heard Randy Simms talking

about the Portnoy case of bureaucratic paralysis. I would say this is

politicians' paralysis. When they hear the needs they just slough it off,

because from what we are hearing, the need is great. The need is great in rural

Newfoundland and Labrador and, particularly, in the Buchans area.

I had several letters and e-mails from people who work at the hospital, who

are afraid to bring patients over the highway, afraid intravenous would slip

from the patient's arm, afraid that they would not make the hospital in time.

Then you have two new industries that want to be able to bring heavy

equipment over the highway, and that same heavy equipment will be bringing

dollars for the provincial Treasury. Now, this is something that the Minister of

Finance is overlooking. You have at least 250 permanent jobs being created in

the Buchans-Millertown area, so this government has an obligation to put down a

good highway and maintain it.

The highway is there; the basic structure is there. There has been nothing

done with it in the past three years, but this government has an obligation and

a responsibility to the people of that area who in turn spend money all over our

Province.

They are trying to say that they are promoting economic development. They are

willing to spend money over in Strawberry Hill Resort, the Terra Nova Lodge,

trying to drum up something for the Rural Secretariat to announce in a booklet

that she never even prepared this year, and I can fill her book. I can fill her

book with good news announcements from the Buchans area, but they will not

listen.

They have an obligation to spend some money on that highway so they can take

pride in the money that they are going to collect for the public Treasury; yet,

the Minister of Transportation and Works said he has no interest. He has no

interest in the Buchans Highway, as he said here in this newspaper. He has never

been over the highway and, furthermore, he is not going to spend or ask any of

his cabinet colleagues to come up with any money. Yet, the Finance Minister

stands in his place, takes $76 million, and plows it right back into the

Treasury again. He has no need for that money. Here is a crying need on the

Buchans Highway and this government are sitting on their rear ends today in

sealskin chairs and saying that there is no need to pave the Buchans Highway!

They need to re-examine their mandate -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. member's time has expired.

The Chair recognizes the hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I rise to give the House an indication, notice, that, pursuant to Standing

Order 36 of our Standing Orders, which deals with Matters of Urgent Public

Importance, the Member for Twillingate & Fogo and Leader of the Opposition

will be shortly seeking leave of the House pursuant to subsection 3. Subsection

1 requires that this motion be made, or leave be sought, following the ordinary

routine, daily routine, of business being concluded and before the Orders of the

Day are entered upon.

I am assuming that we are past that daily routine piece and this would be the

appropriate place in which to give notice of that application or motion pursuant

to thirty-six, and it will be the Member for Twillingate & Fogo who will be

moving that pursuant to subsection 3, seeking leave to move the adjournment of

the House for the purpose of discussing a matter of urgent public importance,

and he will, of course, be stating that matter.

MR. SPEAKER: I note that the hon. the Opposition House Leader forwarded

to me, after the opening of the House today, a copy of the proposed motion. I

thank him for that.

The Chair would hear commentary - one from each side of the House, if

desirable - as to why this matter should be part of an emergency debate or why

it should not. The Chair will listen to the commentary - hopefully, a very brief

commentary - and then the Chair will recess the House and make a decision.

The hon. the Leader of the Opposition.

MR. REID: Thank you, Mr. Speaker.

Mr. Speaker, I am seeking leave under subsection 3 of Matters of Urgent

Public Importance and I will asking for leave to move the adjournment of the

House for the purpose of discussing a matter of urgent public importance. It is

concerning FPI, Mr. Speaker, and what is happening to the company.

We would like to be able to have a special meeting of the House of Assembly

starting immediately, because we have been asking questions on FPI for the past

three, four, five or six months and we have not been getting the appropriate

answers from the members of the government.

It is an urgent need, Mr. Speaker, because, as we speak, there are many

people in communities like Harbour Breton, Fortune, now in Marystown, in Triton,

Bonavista, in Port au Choix and Port Union, who are trying to make up their

minds as to whether or not they should remain in the Province in the hope that

FPI stays afloat in some of these communities, while in others, like Marystown

and Fortune, they just want to know whether or not they should move on, or if

there is any hope of that plant, or those plants, ever being opened again.

Mr. Speaker, I think that the time has come, after all of the procrastination

that we see from this government in dealing with it, the issue, when they talk

about bringing legislation before the floor now for the last four months, and

things that they are going to do with the company: they are going to charge them

for this, that or the other thing; they are going to bring forward legislation -

but in actual fact, Mr. Speaker, as we speak, it reminds me of the phrase: Nero

fiddled while Rome burned.

In this particular case, I guess, it is the government that is fiddling while

communities that have plants owned and operated by Fishery Products

International are going down the tubes and people are being faced with complete

devastation, upheaval in their own families and their lifestyles, and they are

being forced to seek employment out of this Province.

Mr. Speaker, I would assume that the government, realizing the importance of

FPI to these communities - because a number of the towns, like the Member for

Bonavista South, his colleague, the Minister of Human Resources and Employment,

who represents Triton, is up there, and the member who represents Port au Choix.

All of these members, I am sure, would like - and, on the Burin Peninsula, I am

sure that the Minister of Tourism, who represents Marystown, would like to stand

today and try to come to some conclusion or some decision as to what actions

need to be taken by government.

We are willing to take whatever actions are necessary to amend the

legislation to protect that company for the people for whom it was originally

intended and for whom it was originally established, and they are the people who

live in rural communities and work for Fishery Products International, so I

would assume, Mr. Speaker, that all of those members opposite would like to rise

and give consent to give leave so that we can carry on with this very much

important debate.

Thank you, Mr. Speaker.

Mr. Speaker, before I sit down, I would just like to read the motion. It is a

motion for an emergency debate on FPI and it reads:

WHEREAS several FPI plants are currently closed; and

WHEREAS other plants are in immediate danger of closing; and

WHEREAS thousands of people are currently in the process of deciding whether

to leave the Province and are looking to government for action which would

encourage them to stay;

THEREFORE

BE IT RESOLVED that this House of Assembly calls on government to

immediately bring forward amendments to the FPI Act which will enable government

to force the company to adhere to the principles upon which that company was

established.

Thank you, Mr. Speaker.

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

MR. E. BYRNE: Thank you, Mr. Speaker.

Mr. Speaker, for the last what?, since the House has been open, the issue

surrounding FPI, the decisions the company is taking, the consequences of those

decisions, particularly in rural Newfoundland and Labrador, the communities in

which they are operating, have been debated thoroughly, or have been debated in

Question Period each and every day.

Mr. Speaker, government is fully aware of the significance and the importance

of what is occurring or not occurring with respect to FPI.

Now, what the statement calls for today is for us to begin an emergency

debate this afternoon, which means - this is what the Opposition is asking for -

we suspend the rest of the parliamentary day, so we do not do any business in

terms of legislation that we have planned for today. That debate, then, if we

agree to that, no legislation will be discussed today, and that debate can go on

no longer than 6:00 o'clock tonight.

What the member has asked for, and I listened to him intently, is contained

in the THEREFORE

BE IT RESOLVED part of his motion. "THEREFORE

BE IT

RESOLVED that this House of Assembly calls on government to immediately bring

forward amendments to the FPI Act which will enable government to force the

company to adhere to the principles on which the company was established. On

Friday past, my colleague, the Deputy Premier, the Minister of Fisheries and

Aquaculture, talked about, publicly, that that is the direction we are headed in

today.

Under direct questioning today, Mr. Speaker, by the Leader of the Opposition

with respect to amendments to the FPI Act, and I think in response to questions

directed by the Leader of the NDP and the Member for Signal Hill-Quidi Vidi, the

Premier alluded that the Department of Justice is working on that right now.

With respect to that, Mr. Speaker, as asked by the Opposition, we won't be

granting leave to suspend the Orders of the Day and suspend the legislative

debate. The Premier has indicated we are moving in a direction and making some

decisions very soon with respect to the FPI Act, and potential and possible

legislative changes to that. Once that is complete and our assessment is

complete, we will be bringing it forward at that time, Mr. Speaker. So, we won't

be providing leave for the request today.

MR. SPEAKER: The Chair will hear a brief presentation by the hon. the

Member for Signal Hill-Quidi Vidi.

MR. HARRIS: Thank you, Mr. Speaker.

I understand the position of the Government House Leader, but I didn't

understand it as a request for leave. Although I know the unanimous vote of the

House can have an emergency debate, this, in fact, is a matter in the hands of

the Speaker based on the principles and the discretion that lies in the Speaker's

hands.

I will say, though, that Question Period is not debate, is not supposed to be

debate, although obviously it is an opportunity to ask questions. If Question

Period were an alternative to emergency debates in Houses of Assembly or

Parliaments, there would never be any emergency resolutions. I think that

particular argument shouldn't hold much weight.

We haven't had a full debate on FPI. We did have one last summer when

amendments were being put forward. So, there hasn't been a debate on this. In

the sense of emergency, Mr. Speaker, there has to be some pressing matter. I

will put forth for your consideration some statements made this morning on CBC

by Mr. Bruce Keating who is said to be an international business consultant who

is working out of the United Kingdom. He is a Newfoundlander advising people

like Chevron, Texaco and Ford Motor Company. He talked about this company as

being on the verge of collapse. He talked about the need for the Province to act

urgently and more aggressively to start to specify what changes may need to be

made to the Act, initiating discussions with debt holders, et cetera. It is an

issue of restructuring of the fishery. He also referring to a rising level of

concern about control of the Board of Directors of FPI by competitors. These are

matters that have been drawn to the urgent attention of you, Sir, as Speaker, to

give rise to the need for an emergency debate at this time. It is not enough for

the government to say, look, we are working on it, we are going to get to it, it

is something that we have been thinking about and we are talking to lawyers

about, and all of that. I think the nature of those changes again - he says

here: It is time for the government to put forward the kind of ideas, and say

just what they are prepared to do, to let us know and specify what changes the

government are prepared to make.

In the context of that situation, the terrible situation in rural

Newfoundland and Labrador, the need for this flagship company, FPI, created by

an Act of the Legislature to act in the best interests of the people in rural

Newfoundland and the demonstrable fact that they have not been doing that, all

of these give rise to the urgency that is laid upon you, Sir, today, as reasons

for an emergency debate on FPI.

Those are my comments in support of the suggestion of the Leader of the

Opposition.

MR. SPEAKER: The Chair will hear a very brief presentation by the

Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I had a word when I gave notice we were seeking leave, but I would like to

have a comment, if I might now, regarding the propriety of the leave request.

I think it is fairly straightforward here. Under Standing Under 36,

subsection 4, which is the point we are at right now, the member provides the

Chair, the Speaker, with the written commentary as to what we would like to

debate. The Chair, yourself, Mr. Speaker, decides two things at this point. You

decide whether it is in order, i.e., I take that to be the grammatical form of

what it is as a motion to this House. We understand that it is in order having

cleared it with the Table Officers prior to giving it to Your Honour. The second

issue is: of urgent public importance. That rests with the Chair. It is fine for

us to stand here and say that it is important, urgent, and the Government House

Leader to say he does not think it is urgent, but that decision rests with

yourself. The Chair, no doubt, would take into consideration all of the

surrounding circumstances of the issue to decide whether it is not urgent. We

certainly know it is public. We certainly know it is important. It says, of

urgent public importance. Those are the three operative words here. There is

nobody in this House or in this Province who is going to say that debating FPI

is not public. There is nobody going to say that it is not important. The only

issue we have, I would submit, for the Chair to consider is, is it urgent.

One might argue that it is not urgent because we have been talking about it

in Question Period, and some members have talked about it in the budgetary

context, for the last two or three months. The bottom line is, a lot of things

have happened in the last few days; a lot of things. Even the Premier has

acknowledged, for example, that he, himself, while he was in Rhode Island on a

conference, as recently as Friday past, this thing has reached urgent

proportions. The Premier is on one conference out of the country and he is on

the phone in constant contact, acknowledged by himself, acknowledged by the

Minister of Fisheries and Aquaculture on the public airwaves this Friday past,

that I am in constant contact with the Premier discussing this issue. I think

that is where the boiling point was reached was on Friday. That is just from the

Premier's perspective of giving the urgency to it, and the Minister of

Fisheries and Aquaculture, but in addition to that we have had the union

situation.

We have not had an opportunity to come back in this House and make such a

request until today, the House not having been in session on Friday. We know

what happened between the union and the company. Now if that does not give you

some sense of urgency, when every living soul, other than management, who works

with FPI, all of a sudden fear for their future, and given the comments of the

union leadership, I do not know what else we can have to indicate urgency to

government and to the public here. What are we supposed to do? Wait like we did

in the Abitibi situation, let is drag out and drag out and drag out, and then

all of a sudden when the issue is dead, the doors are locked and they are all

gone back to Mainland, Canada, somebody says: Oh my God, it was urgent after

all, but we did not deal with it.

As far as having been discussed on previous occasions in this House, I agree

with the Leader of the NDP. It has been raised in Question Period. Dozens and

dozens of questions from the Leader of the Opposition here have been asked of

this government, but the fact that he has asked the questions does not deal with

the issue, because we have gotten very little answers. The government has been

all over the place on this issue and not been focused. In fact, there was a

private member's motion, I do believe, in this sitting about FPI and asking

this government for an inquiry, and they said no.

MR. SPEAKER: Order, please!

I would ask the member if he could conclude his presentation. I have heard

the presentation and I am reminded of -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair is anxious to hear the presentations, however we have to be very

careful - the rules are laid out in Marleau and Monpetit - that we do not engage

in debate. Several times we have been very close to that and I would ask the

member if he would keep that in mind in concluding his presentation.

MR. PARSONS: Thank you, Mr. Speaker.

I appreciate your informing me of that. There is no intention to debate here.

The intention here, Your Honour, is strictly to inform the Chair of the types of

circumstances that get taken into consideration to determine if the issue of

urgency has been established. I submit that it has, and once that decision is

made there is not a case of leave or no leave, I would submit. If you follow on,

under subsection 4 under

section 36 the procedure is laid out quite clearly as

to where we go from there. If this Chair, Your Honour, decides that it is in

order and that it is of urgent public importance, that ends it at the point of

the Chair, we put it to a vote in this House and if twelve members in this House

decide we should debate it, the debate should then be on.

MR. SPEAKER: I want to thank the hon. members for their presentations.

They are helpful to the Chair. The Chair will recess the House and come back

with a decision in about ten minutes. We will ring the bells appropriately.

This House is now in recess.

Recess

MR. SPEAKER: Order, please!

Are the Whips ready?

MR. E. BYRNE: Ready, Mr. Speaker.

MR. SPEAKER: Order, please!

The Chair thanks hon. members for their presentations.

The request for an emergency debate, or a debate on a matter of urgent public

importance as per Standing Order 36, is governed by our parliamentary

traditions, the practices of our House, and the practices in other Parliaments

that follow the Westminster model. By reference, we also consult the authorities

in this matter: May , Beauchesne, Marleau and Montpetit .

The main issue is the urgency of the debate, not the urgency of the matter

itself. Beauchesne states it clearly on page 113, 390, "Urgency'

within this rule does not apply to the matter itself, but means urgency of

debate', when the ordinary opportunities provided by the rules of the House do

not permit the subject to be brought on early enough and the public interest

demands that discussion take place immediately."

In other words, urgency would imply that irreparable harm could occur if the

matter was not dealt with immediately by the Legislature.

I also note that it has been very rare in our House for a request for debate

on a matter of urgent public importance to be granted without leave of the

House. Members will know that many such debates have occurred with the consent

of the House; however, my research indicates the last occasion a Speaker in our

House granted such a request was twenty-eight years ago, in 1978, and involved a

matter where there was immediate potential for harm to the people of the

Province.

The Chair is of the opinion that, while there may be some varying opinions on

the urgency of the matter, the urgency of debate itself does not meet the

criteria that would cause the Speaker to grant leave for an emergency debate in

today's sitting.

Orders of the Day.

Orders of the Day

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

MR. E. BYRNE: Thank you, Mr. Speaker.

Members opposite would know - at least this is the rule that I operated

under, when I was in the Opposition - that governments open the House and

Oppositions close them; so, when we leave this place, it is entirely up to how

much debate we have. It is not a matter for government to say we are opening

today and closing tomorrow, Mr. Speaker, unless we completely took every piece

of legislation off the Order Paper.

I can say to members of the House, and the public, that we have business left

to do, to discuss on a variety of matters through legislation, and we will do

exactly that.

Now, Mr. Speaker, the matter today, before I call Bill 22,

An Act To Amend

The Workplace Health, Safety and Compensation Act, I do want to move a few

motions so we can get other legislation on the Table.

Motion 2, that we move first reading of a bill,

An Act To Amend The Student

Financial Assistance Act. (Bill 29)

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

shall have leave to introduce a bill entitled,

An Act To Amend The Student

Financial Assistance Act. (Bill 29)

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

have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

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

To Amend The Student Financial Assistance Act," carried. (Bill 29)

MR. SPEAKER: It is moved and seconded that Bill 29 be now read a first

time.

Is it the pleasure of the House that Bill 29 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 Student Financial Assistance Act.

(Bill 29)

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

When shall this bill be read a second time?

MR. E. BYRNE: Later today, Mr. Speaker.

MR. SPEAKER: Later in the day.

On motion, Bill 29 read a first time, ordered read a second time presently,

by leave.

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

MR. E. BYRNE: Thank you, Mr. Speaker.

I want to move second reading of a bill,

An Act To Amend The Workplace

Health, Safety And Compensation Act, Bill 22, introduced by my colleague, the

Minister of Human Resources, Labour and Employment.

MR. SPEAKER: It is moved and seconded that Bill 22,

An Act To Amend The

Workplace Health, Safety And Compensation Act, be now read a second time.

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

Safety And Compensation Act." (Bill 22)

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

Employment, and Minister Responsible for Labrador Affairs.

SOME HON. MEMBERS: Hear, hear!

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

Mr. Speaker, as many times as you rise in this House on many different

occasions - this being some thirteen years in this Legislature - we speak on

many important pieces of legislation. Of course, this is certainly an important

piece of legislation. In my years here, I have to say that this can also be

referred to today as a very special piece of legislation.

Before starting my remarks - you did it earlier today, and I would like to do

it now again today - I would like to acknowledge Hilda Whelan, who is in our

gallery today. Many women throughout this Province know her name very well, and

I am sure many Members in the House of Assembly certainly do, dealing with Hilda

over a long period of time.

Mr. Speaker, just a quick story. The first day that I entered my new office

as Minister of Human Resources, Employment and Labour - and Hilda knows this

story - the very first message on the top of a pile of messages was none other

than Hilda Whelan, and her phone number, and: Please, could you call me back

immediately?

Mr. Speaker, I did know the name because the fact of the matter is that I had

spoken to - and, of course, we had discussions with - the former Minister of

Human Resources, who is now the Minister of Education, on a number of occasions

about the discussion, of course, about the debate on the issue, but also in

talking about Hilda and how she has brought forward this particular issue for a

long, long time.

It is sort of coincidental today that we are standing on Monday, the day

after Mother's Day - Mr. Speaker, I am sure nobody in the House today would

mind if I extended that Mother's Day to say Happy Mother's Day to many

people throughout the Province of Newfoundland and Labrador, and maybe it is a

special day for Hilda and many of her friends today.

SOME HON. MEMBERS: Hear, hear!

MR. SHELLEY: Mr. Speaker, Hilda has been a spokesperson - you can call it

official or unofficial - for a group of women in this Province who have been

bringing forward this issue for a long, long time. After just returning her

call, of course, and then Hilda coming in to speak with me just after that -

that is some months ago now. When you sit down and talk to one of these ladies

and get the real story I guess, the individual stories - because today in this

House of Assembly we will certainly have discussion, I know, back and forth

across the House, Mr. Speaker, and I look forward to comments by all members of

this House today. I guess you can never really stand here and tell the real

story unless you knew all of the individual cases. Sixty-one women in this

Province now have watched this debate and discussion unfold for a long time.

I am sure when the Minister of Education gets up to talk later today, Mr.

Speaker, she will reiterate some of the points that she has heard throughout her

tenure as she dealt with this particular issue. But, it is not until you sit

down and deal with individuals, especially Hilda, I have to say, that you really

get a perspective on the real story that has evolved here over a long period of

time.

It is funny, too, today, Mr. Speaker, with the circumstances in the House -

and we certainly were delayed slightly, because you never know what will happen

in the Legislature. I told Hilda that before she came in today, but certainly, I

guess after waiting for so long, that a few more minutes is not going to make

too much difference. At the same time, Mr. Speaker, another part of me says,

after such a long time: Get on with it. I assured Hilda today that I would not

be doing any hour-and-a- half or hour speech or anything like that, because we

have gone over this issue. It is very well-known to all members in this

Legislature; very well-known to the sixty-one women across this Province who

have been following this debate and this issue for a lifetime. As I said

earlier, the individual stories would probably tell the truest and most honest

story behind this particular piece of legislation.

The bill itself, Mr. Speaker, not a lot of words, but what it means is very

important to, not just the sixty-one women affected directly, but I think a

message to this entire Province, indeed, the entire country from that point of

view. The explanatory note, I guess, if you read the explanatory note.

"This bill would add a proposed subsection 65 (1.1) to Workplace Health,

Safety and Compensations Act to allow payment of compensation benefits to

surviving spouses who remarried before 1985. This would be retroactive to April

17, 1985."

I guess, Mr. Speaker, if I want to get into detail and go down through the

history, we could talk about a lot of things here today. But, the fact of the

matter is, Hilda and the rest of the women in this Province, some who live

outside the Province now - I know, by the way, that a lot more would like to be

here in the galleries today, because I talked to Hilda just a few minutes ago.

Of course, a lot of them are watching today, I can tell you that, Mr. Speaker,

because a lot of them cannot travel; varying age groups, different reasons and

so on. I understand one lady, eighty-three years old, said she would love to be

here today but she did not want to travel from Central Newfoundland. I have a

lady in my own district who has been talking to me for a number of years, way

back, about this particular issue. So, Mr. Speaker, this is a special piece of

legislation. It is special for, as I just said, not just the sixty-one women who

are directly affected by this, but I think for our whole Province.

So, I rise today to introduce legislation to amend the Workplace Health,

Safety And Compensation Act to provide retroactive benefits to sixty-one spouses

of fatally injured workers who remarried prior to 1985 and the Charter of Rights

and Freedoms, equality provision,

section 15 was enacted. The issue of paying

retroactive workers compensation benefits to spouses of workers who died as a

result of a work-related illness or accident who have since remarried has been

the subject of debate for many, many years. The termination of spousal benefits

upon remarriage places an extraordinary burden on widows and their families,

especially in cases where the subsequent marriage has also ended due to death or

divorce. Many of the women were very young and left to care for their children

and, in many cases, Mr. Speaker, the children were only infants and, as I said

earlier, the individual stories that can be told with this particular piece of

legislation.

Mr. Speaker, the amendment I am introducing today ensures that women of

fatally injured workers who remarried before 1985 and those who remarried after

1985 are treated consistently and fairly. That is where the debate happens, that

in 2001, when the task force went ahead, the government of the day, at the time

in 2002, did provide compensation benefits for spouses who married after 1985.

What that did, it split it into two significant groups, and the group who

married before 1985 believed that was unjust and was unfair, Mr. Speaker, we, as

a government, believe the same thing.

I would like to thank my colleague, the former Minister of Human Resources,

Labour and Employment who began this debate sometime ago with Hilda, and also

other people throughout the Province. It has been still, in my mind, a long time

coming, although it seems short, I guess, in the history of 1995 up to today.

But, at the end of the day, I guess to wrap it all up, what we believe is the

just and fairest thing to do is that these sixty-one women from Newfoundland and

Labrador are fairly treated. That is what this is all about, and that is why,

without going on with a longer history - and I know I will hear some comments

today on both sides of the House - that it is a special day, and I am pleased to

be a part of a government with the support of the Premier and my colleagues of

the government, to support this and to bring forward this amendment.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

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

MR. BARRETT: Thank you, Mr. Speaker.

It is, indeed, a pleasure for me to rise today and speak to this bill. I

think the hon. minister said that he was in the House for thirteen years and I

have been here for seventeen years and, to me, it is a very important piece of

legislation that we are considering here. I also can relate to the minister in

terms of how happy he is about this piece of legislation.

I know, in my short term as Minister of Labour, I corrected one of the

inequalities that existed in terms of Canada Pension. One of the last things I

did, as a minister, was to make sure that 340 individuals received something

like $8 million because there was an injustice made on the Canada Pension and

Workers' Compensation. So I think this is fantastic in terms of the people who

are going to receive it. I received quite a number of calls on this in the last

number of days and number of weeks in terms of some of the individuals who are

about to receive the money from this particular settlement.

As a matter of fact, I received a call about three weeks ago from an

individual, sadly to say, who was receiving treatment for cancer. I guess she

was calling me and wondering when she was going to be able to receive this money

and to clarify what was happening in terms of this particular piece of

legislation. I said: Well, the procedure is that the government has to bring the

legislation before the House. The legislation has to be passed. My understanding

is that the cheques are available at Workers' Compensation to be paid

immediately, just waiting for this bill to be passed in the House of Assembly.

I am recommending now that - normally the minister, the critic and the NDP

speak in second reading and we go into committee - my recommendation right now,

and I propose that we immediately pass this piece of legislation. Normally, a

piece of legislation -

MR. E. BYRNE: A point of order, Mr. Speaker.

MR. SPEAKER: A point of order has been raised by the Government House

Leader.

MR. E. BYRNE: I do not mean to interrupt the member, I just want to let

him know that prior to the House today, myself and your House Leader had already

agreed to that. So it will be passed immediately.

MR. BARRETT: (Inaudible) individual, as a member in this House, I

recommend that we go through all the stages of the bill and pass it immediately.

Hopefully -

AN HON. MEMBER: (Inaudible).

MR. BARRETT: No. I am just talking about how seriously I think, as a

member in this House of Assembly and as the critic for labour in this Province

of Newfoundland and Labrador - they waited long enough. The House has been open

for a month. We normally go through second reading, committee and third reading

of the House, but precedents in this House has shown that we can pass a piece of

legislation in five minutes. If everybody on this side of the House and on that

side of the House agree with the legislation, then we can go ahead and pass it

so that the people at Workers' Compensation have the cheques available and the

woman I talked about, who is receiving cancer treatment, can get her cheque

today and she can travel to St. John's, because she lives a great distance

from St. John's. She needs the money right now to get back and forth to St.

John's.

My recommendation is: Go ahead, pass this legislation immediately, and go

through all of the stages. I want to congratulate the minister on passing this

piece of legislation.

Thank you very much, Mr. Speaker.

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

MR. HARRIS: Thank you, Mr. Speaker.

Justice is sometimes a long time coming, and sometimes it comes in stages and

dribs and drabs. With all due respect to the previous speaker, who was so urgent

and obvious, it is surprising that it has taken this long to get to this point.

I know that they are bringing into place the Charter of Rights back in 1983.

Even at that time the postponement of the rights in favour of women was placed

until April 17, 1985, two years later. Just because the legislation, the Charter

of Rights, for example, which, as of April 17, 1985, actually forced governments

to comply with the rights of equality for women, it does not mean that the

rights of equality for women ought not to be recognized prior to that date.

I think this is something that the women who were affected by this have been

fighting for, for many, many years. Justice does not actually arrive until

someone is prepared to fight for it, to continue to fight for it, and have the

determination shown by these women in keeping this issue in the forefront and

not letting it die.

I want to congratulate them in success in their fight for justice. Let us

remember what this is all about, Mr. Speaker. This is a situation where

individuals who were survivors of a person in receipt of workers'

compensation, or people who had died or were killed on the job, who received a

widow's pension or allowance, that, upon them remarrying, regardless of the

financial circumstances, presumably, of the person to whom they were marrying,

they got cut off workers' comp. The assumption was that, if you were going to

get married, well, the person you are marrying is obliged to support you and

therefore your right, your independent right, to workers' compensation is

going to be cut off as a survivor of person injured or killed on the job.

When you think about it right now, in the Twenty-First Century, we are all

shocked by that, but that was government policy; and, not only government

policy, it was implemented by the Workers' Compensation Commission for many,

many years. It is only as the notion of rights and equality matures do we even

get shocked by situations like that.

I know this has come in stages, because there was an amendment to 1993,

another one in 1998, and now we have a third one undoing, at least for those who

are still alive, the wrong that was done to their rights along the way.

I am very supportive of this legislation. I am grateful, for the sake of the

women who carried on this fight, that they have been able to be successful in

persuading this government - with a little bit of help, I guess, from the courts

and other provinces in terms of the rightness of the cause - that this is the

right thing to do. We certainly agree, in the New Democratic Party, it is the

right thing to do. It is something that we supported for a long time.

I know my colleague from Labrador West will want to say a few words on this

as well. I, too, support, as I did when suggested by the minister, that we do,

if we can, with unanimous consent, have a speedy passage of this legislation

today while those who have been carrying on this struggle - some, I think, are

present in the gallery - and a special recognition, of course, to Hilda Whelan

for leading that particular charge and for bringing to the attention of all of

us this injustice that needed to be corrected.

Thank you, Mr. Speaker.

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

for the Status of Women.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Thank you, Mr. Speaker.

I am very pleased to be able to speak to this amendment today, because this

has been an issue that I have been following and working on since I became the

Minister Responsible for the Labour Relations Agency in February, 2004.

When I left that ministry in November of last year, to take on the Department

of Education, of all of the issues that you leave behind, this was one I felt

very close to. If the minister responsible had to look beyond the message from

Hilda Whelan as his first message, he would have seen my message right behind it

that we need to speak.

Mr. Speaker, being the Minister Responsible for the Status of Women really

came to life when I began to look at this issue. As the Minister Responsible for

the Labour Relations Agency in February, 2004, one of my first calls, as well,

was from a woman named Hilda Whelan. I returned the call, and I think probably

one of the first official meetings I had in that capacity as well was with Ms

Whelan. She came in and she laid out the issues as to what she felt was an

injustice to a group of widows in Newfoundland and Labrador.

Basically, as we have heard here in the House, years ago, prior to the

Charter of Rights, many policies of government, and probably within society,

within the community, often marginalized women and often set up a situation

where women were treated in a manner that was less than fair, and they did not

have the same rights to share equitably in many of the social programs.

Then, in 1985, we certainly had the Charter of Rights which meant that women

could not be discriminated against, or people could not be discriminated

against, because they were women or because of their marital status. In an ideal

world on that day when the amendments came to the Charter of Rights, it is

absolutely on that day that the people whose benefits as a widow were

discontinued because they remarried. They should have been reinstated right on

that day, and fortunately, Mr. Speaker, today we are able to do that. We are

able to go back and retroactively make the payments back to April of 1985, when

they should have been reinstated, when the Charter came into effect.

Mr. Speaker, the policies at that time certainly advocated the societal view

that women were not the breadwinners and that they would be taken care of by

their husbands. When a person was killed in a workplace accident, the surviving

spouse, and in all these cases are widows, are women, they had to live on

benefits that have been described to me at the time as being less than the rates

of what we would consider Income Support today. When they remarried, and if that

marriage only lasted a month - I talked to one widow, and that was the case -

they did not get their benefits reinstated.

The unfortunate part about all this, Mr. Speaker, is that many of these women

lived in extreme poverty, as women with children. In the case of Ms Whelan, she

had two infants. She had one infant who was probably six weeks old, and another

one who was less than two. Mr. Speaker, based on the income that they received

because of the policies of that day, they lived in a barn, and she raised the

children for a number of years living in a barn. That is all she could provide

for her children.

Mr. Speaker, when amendments came to the Workplace Health, Safety and

Compensation Act back in 2001, at that time there was a group of widows in

Newfoundland and Labrador who had their benefits cut off. As a result of the

legislation in 2001, the widows were divided into two groups: one who we

acknowledged, as a Province, that they would get retroactive benefits, and the

women who married prior to 1985 received no compensation.

Mr. Speaker, we are back today to right a wrong that happened to those women

at that time.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, these women lost their spouses through no fault of

their own. They went to work one day and, because of a fatal accident, they were

unable to return. We had policies of government that certainly did not take care

of the women at that time.

As Minister Responsible for the Status of Women, when I started to deal with

this particular issue and deal with Ms Whelan as either the official or

unofficial spokesperson for this group, it became very apparent what the whole

role was of being the Minister Responsible for the Status of Women. It is how we

advance the status of women in the Province of Newfoundland and Labrador. To be

able to advocate and work on policy change that really make sure that women are

able to share equally in the benefits of this Province is what it is all about,

to be able to be attached to the Women's Policy Office, to be able to provide

advice to departments, and to be able to provide a gender analysis to the

policies or the legislation that we move forward. Mr. Speaker, this was truly an

example, where women were not treated fairly under the legislation, where we

have been able to go back and help the situation.

Mr. Speaker, there is one woman who lives in the District of St. George's-Stephenville

East who I spoke to, Ms Theresa Snook. She came in to see me, and she was left

with, I think it was, five small children when her husband was killed in a

workplace accident. Based on being able to provide retroactive payments, she is

able to attend the wedding of one of her children. She has experienced poverty

and she has lived in poverty, but she is also a very intelligent women who has

been able to have the capacity and the ability to move her life forward. Without

this retroactive payment at this time, she would not even be able to attend the

wedding of one of her children.

Mr. Speaker, there have been a lot of issues in the past and these women have

experienced poverty and they have done without, through no fault of their own.

It was a result of government policy that kept women in marginalized roles in

society, but as we move forward we are able to acknowledge that these women

should never have been cut off from their benefits. As the charter came in 1985,

at that time, at that day, they should have been reinstated, but it took a

number of years. None of the widows were reinstated until 1993, then in 2001 the

group of widows, unfortunately, were segregated into two groups.

Mr. Speaker, I am very pleased that we are able to have this legislation

before us today. I know that Hilda Whelan has been a real advocate for the women

of Newfoundland and Labrador. She has probably never classified herself as a

feminist or a person who is promoting the rights of women in Newfoundland and

Labrador, but she truly exemplifies that whole feminist perspective, to be able

to look at policies and realize how they discriminate against women. Not only is

Hilda Whelan here today to hear this legislation and hear the debate on it, but,

Mr. Speaker, I am also pleased to acknowledge that Ms Whelan sits now on the

Provincial Advisory Council of the Status of Women. She has certainly been a

true advocate for women in this Province.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, it has taken quite some time, since 2004 until

today, for myself being personally involved in this case to be able to bring it

to a resolution in the House of Assembly. As we started proceedings today and I

thought there may be a delay, I just thought it further exemplified how much

patience these women have had and how there have been set backs, waiting and

delay, and making sure we look at all avenues before we are able to move ahead.

These women have been extremely patient. They certainly have been able to put

their case forward. They are a wonderful group of individuals. It is extremely

unfortunate that in 2001 they were not included in the legislation, but, Mr.

Speaker, they are included today and I am very pleased with that.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

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

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

It gives me great pleasure to rise today and make a few comments on this

particular bill before the House as well. I want also to compliment Hilda Whelan

and the other sixty spouses of this Province. I want to say to them, that they

have been a driving force behind what is happening here today, and they are

indeed a classic example to the young people of this Province, and indeed to all

people of this Province, that if you have a cause and you have a belief and you

have the determination and fortitude to keep fighting for what you believe in,

eventually you will succeed and you will get it.

SOME HON. MEMBERS: Hear, hear!

MR. R. COLLINS: I think that message, Mr. Speaker, is driven home loud

and clear today. It is through their determination over the last number of years

that it is possible to be sitting in this House today and having this

legislation passed.

Mr. Speaker, I want to say that I spent many years in the labour movement

through the 1970s, 1980s and 1990s, where this issue was certainly a focal point

of discussion and a cause that we worked for. During my time as an executive

member with the Steelworkers' Union in Labrador West, both as an executive

member president and staff representative, we dealt with this issue on a number

of occasions. I have had, I guess, situations occur through my involvement in

the union where we had indeed members killed in the seventies. We had three

killed in nine days. The spouses of the people who were killed, through the

1970s and the early 1980s, who later went on to remarry, were discriminated

against. It was not only in this Province, Mr. Speaker. The result here today is

a combination of things that happened across this country, and women were the

driving force in making it possible in each and every province from British

Columbia right to our Province here today. Some provinces have already dealt

with this issue, as my colleague said, and they have since gained the benefit

that they have been entitled to for over twenty years.

Mr. Speaker, one thing I will congratulate the government on - and I have

said it before in this House many times - is that it is never too late to do the

right thing. I think this is a classic example today of doing the right thing.

Albeit, it may be twenty-one years later, but the right thing is finally done.

Government has acknowledged that and I think they deserve to be complimented for

it, because it is an important step for government to change this policy, and it

is very important to the surviving spouses today, that they can get access to

this money to allow them to live with more comfort as they go forward into the

future.

It is a great day and I won't spend much more time on debate, because as

the Government House Leader indicated, we will get through the entire proceeding

on this today, and that is the way this should be done after the long wait.

I want to take this opportunity, Mr. Speaker, to point out to the minister

and to his government colleagues, that this injustice was a long time being

corrected, and it is great to see it happen. Even today we have many injured

workers in this Province who are having their families and still living in

poverty. There is one other big injustice that needs to be corrected - and I am

looking forward to the day when the minister can stand in this House and

announce that one - and that is stopping the clawback of Canada Pension benefits

to injured workers in this Province. That is forcing many of these injured

workers and their families into poverty levels, and it is through an injury that

they didn't bring on themselves. They deserve to have the benefits both of the

Workers' Compensation and the Canada Pension, because that would still not

balance out the workplace employment benefits they would have received had they

not been injured. Now they are on a no-fault insurance system and they should be

treated with the dignity they deserve. I look forward to the minister rectifying

that situation in the near future.

I don't want to take away from what today is all about. Again, I just want

to congratulate the people who kept this issue on the burner all through the

many, many years. I am sure there were times when they felt like they were

flogging a dead horse or whipping a post. It was like they were getting nobody.

They kept it up and kept it up and kept it up, and finally somebody listened and

introduced the legislation that will make it possible for them to achieve what

they set out to achieve and that they were entitled to achieve so many long

years ago. Congratulations.

Thank you, Mr. Speaker.

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

MS JONES: Thank you, Mr. Speaker.

I just want to join and echo the sentiments of my colleague in the House of

Assembly today in the passage of Bill 22. It is no doubt a bill that will

provide for fairness and equality for a large group of people in this Province

who should have never had to endure the incidents that they have in the past.

Mr. Speaker, I want to acknowledge and congratulate today the Minister of

Human Resources and Employment, because I remember a few years in this House of

Assembly listening to that member, when he was an MHA, raise this issue as well,

on behalf of his constituents but also on behalf of others. I want to

acknowledge his contribution to this particular issue and to congratulate him on

bringing it forward today as the minister for that portfolio.

Mr. Speaker, sometimes we tend to attach dollar values to fairness and

equality in our society. We should not do that, and I think it was evidenced

this year when we saw a Supreme Court ruling in compensation benefits for women

that rested entirely upon a money issue and the affordability of governments. I

know that in the past while there was a great willingness by other governments

and other administrations to address this particular issue and efforts were made

in that direction, it was always held back because of the financial ability to

be able to pay out those sums

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2006-05-15
Typehansard
Volume / chapter2006-05-15
Languageen
Formathtm
SourcePROVINCIAL
Identifier3dfcec58ac59b46e387c670860ac4cfb19c076e9

Source file is stored in the law ingest library (htm).