VOL. 3 PRELIMINARY UNEDITED TRANSCRIPT HOUSE OF ASSEMBLY FOR THE PERIOD: 3:00 p.m. - 6:00 p.m. THURSDAY, FEBRUARY 25, 1982 NO. 97

February 25, 1982 Tape No. 4073 EL - 1 The House met at 3:00 P.M. Mr. Speaker in the Chair. MR. SPEAKER (Simms): Order, please! SERGEANT-AT-ARMS: Mr. Speaker, His Honour the Lieutenant-Governor has arrived. MR. SPEAKER: Admit His Honour the Lieutenant- Governor. All rise please. ~ HE LIEUTENANT-GOVERNOR: MR.

SPEAKER AND MEMBERS OF THE HON. } HOUSE OF ASSEMBLY: The Third Session of the Thirty-Eighth General Assembly of this Honourable House of Assembly is about to be prorogued, but before releasing you from y your duties I wish to convey to you my appreciation for the careful and sympathetic attention you have given to the important matters brought before you by my Ministers. I wish also to note the most tragic loss of eighty-four men in the recent Ocean Ranger disaster.

It is with m to the families of those who died that I would invite all Honourable Mem- bers to rise with me now for a minute of silence in respect of those men. Major legislative initiatives were enacted during this Session of this Honourable House of Assembly, particularly in the areas of health, the admin- istration of justice and social services. In the area of the administration of justice several significant legislative measures were enacted.

The Freedom of Information Act was passed to provide persons with a statutory right to have access to information under the control of provincial govern- ment departments or certain government bodies. 1076()

Fel;>ruary 25, 1982 Tape No . 4073 EL - 2 THE LIEUTENJI.NT- GOVERNOR: In addition to the Freedom of Information Act, the Privacy Act was passed to create the actionable tort of violation of privacy and the Act provides a civil remedy for recovery of damages . The Attachment of Wages was amended to increase the amount exempt from attachment or execution per­ mitted under the Act . The Judicature Act 1-1as amended to in­ crease by one the number of judges in both Divisions of the Supreme Court.

An Act Respecting Private Investig­ ation and Security Services was passed to repeal and replace the existing legislation in order to keep pace 1-1ith chan ges in the demand for commercial security services . The Fire Prevention Act 1-1as amended to provide that 'where it is nec­ essary, fire lanes on private or public property may be des ­ ignated as a high,.;ay for the purposes of the Highway Traffic Act . In order to remove the appearance of undue interference with judicial discretion , amendments were made to all Acts removing the discretion by the Minister of Justice to allOI.,. suspended sentenc es or discharges . 1077 n

February 25, 1982 Tape No. 4073 NM - 3 LIEUTENANT-GOVERNOR: MR. SPEAKER AND MEMBERS OF THE HONOURABLE HOUSE OF ASSEMBLY: This session occurred during the International Year of the Disabled, so it was fitting that my government directed its attention to assuring the basic rights of disabled citizens. To this end, the Newfoundland Human Rights Code was amended to include physical disability as a basis on which discrimination is prohibited under the act.

An Act To Provide Certain Rights For Blind Persons was also passed and gave to blind persons and their guide dogs the right to facilities customarily available to the public and the right to housing without discrimination. My government is committed to the policy that physically disabled persons should have access to buildings, and facilities in buildings, that are available to other members of the public and during this session a new Act To Amend And Revise The Law Providing For Accessibility To Buildings For Physically Disabled Persons was passed.

The Child Welfare Act was amended to include, specifically in legislation, that the best interests of the child are of paramount importance under the act and to specify certain considerations in determining those best interests. MR. SPEAKER AND MEMBERS OF THE HONOURABLE HOUSE OF ASSEMBLY: My government is greatly concerned about the health of the people of the Province and during this session the Denturists Act was passed to provide for a board to regulate and licence denturists.

The Optometry Act, 1981 was also passed respecting the Newfoundland Association of Optometrists and governing the practice of optometry in the Province. Another act, the Dispensing Opticians Act, was passed during this session to provide for a board to supervise the practice of optical dispensing. 1 n 7 7 .,

February 25, 1982 Tape No . 4073 NM - 4 LIEUTENANT- GOVER~OR : As an indication that my government is concerned about the s afety of people in the Province on our highways, The Hi ghway Traffic Act was amended to provide for the compulsory use o£ seat belts and child seating and restraint systems in motor vehicles. As another indication of my government ' s concern for the .health and safety of people in the Province,

an act was passed to e stablish the Alcohol and Drug Dependency Commiss i on o£ Newfoundland and Labrador . During this session The Workers ' Compensation Act was amended to e xtend the benefits of the act to cover students participating i n work training p.rogra.mmes . The act was also amended to extend coverage for compensating volunteer £irefighters . 11177')

February 25,1982 Tape No. 4073 ah-5 LIEUTENANT-GOVERNOR: MR. SPEAKER AND MEMBERS OF THE HONOURABLE HOUSE OF ASSEMBLY: The Volunteer War Service Medal Act was passed to recognize those veterans of the Province who volunteered to serve in the British Imperial Forces during the Second World War. My Government was determined that the Province should be prepared for developments in relation to petroleum and so established the Petroleum Directorate by passing an amendment to the Department of Mines and Energy Act, 1973.

The term of the Option Agreement between the Government and the Lower Churchill Development Corporation Limited was extended from thirty to forty months under the Lower Churchill Development Option Amendment Act. Various other amendments resulted in the reorganization of certain government departments and

an Act was passed to establish The Department of Environment. The St. John's Housing Corporation was abolished and its assets and liabilities were transferred to the Newfoundland and Labrador Housing Corporation under un amendment to The Newfoundlano and Labrador Housing Corporation Act. MR. SPEAKER AND MEMBERS OF THE HONOURABLE HOUSE OF ASSEMBLY: In the area of finance, The Financial Administration Act, 1973 was amended to separate the roles of Comptroller and Deputy Minister of Finance.

An Act Respecting The Garnishment Against The Remuneration Of Public Officials was passed that removes the immunity in respect of garnishment proceedings against civil servants and other public officials. The Pensions Funding Act was enacted to establish the Province of Newfoundland Pooled Pension Fund that will absorb and fund certain pension plans and retirement benefits sponsored by the Province. The Increase of Pensions Act, 1981 provides increases in pensions to public servants. 1117ij

February 25,1982 Tape No . 4073 ah-6 LIEUTENANT-GOVERNOR: In an effort to bring before my Government matters relating to the youth of the Province,

An Act To Establish The Newfoundland And Labrador Youth Advisory council was passed during the Session . In order to foster development of local government in the Province , The Municipalities Act was amended to remove a municipality's authority to sell real property for tax arrears when the property is occupied by the owner for residential purposes . Fl77~

February 25, 1982 Tape No. 4073 EC - 7 THE LI EU TENANT -GOVERN OR: MR. SPEAKER AND MEMBERS OF THE HONOU~BLE HOUSE OF ASSEMBLY: My Government was concerned about the protection of the forests of the Province from insects and disease and passed during this Session an amendment to The Depqrtment Of Forest Resources And Lands Act. Among the other significant legislative measures enacted during this Session were

An Act To Amend And Consolidate The Law Respecting Boilers, Pressure Vessels And Compressed Gas,

An Act Respecting Amusement Rides,

An Act Respecting The Drilling Of Water Wells And The Conservation And Use Of Ground-Water. MR. SPEAKER AND MEMBERS OF THE HONOURABLE HOUSE OF ASSEMBLY: During this Session, three Select Committees of this Honourable House were struck, namely, the Select Committee on Resource Management, the Select Committee to examine draft legislation on Elections, Controverted Elections and Election Financing and the Select Committee to examine draft legislation on the incorporation of the Certified General Accountants and draft legislation relating to Corporation Law.

My Government looks forward to the reports of these Committees being received by this Honourable House during the forthcoming Session, MR. SPEAKER AND MEMBERS OF THE HONOURABLE HOUSE OF ASSEMBLY: I thank you for the large measure of supply you have granted, I assure you that the appropriations that you have granted will be expended by my Ministers with care and efficiency, It is my pleasure that the Third Session of this Thirty-Eighth General Assembly now be prorogued and it is prorogued accordingly. ~ 111775

i February 25, 1982, Tape 4074, Page 1 -- apb MR. SPEAKER(Sirnms): Order, please! Copies of the Prorogation Speech are now being handed out to hon. members. Before proroguing I want to take the opportunity on behalf of all hon. members of the House to express appreciation, first of all to those who have assisted us during this session, and in particular to all staff of the House. All hon~members, I am sure, would like to thank these people for their assistance and co-operation.

As well, if I might, I would like to thank hon. members of the House for their co-operation to the staff of the House, and_±o - me, the Deputy Speaker, and the Deputy Chairman of Committees in particular. We thank you for your ------- patience and your understanding with respect to the decisions that we have had to make during the ninety- seven sitting days of this particular session, which, incidentially, according to our research, has been the longest session, the session with the longest number of sitting days since Confederation.

Therefore, pursuant to the speech of His Honour the Lieutenant- Governor, this Third Session of the Thirty-Eighth General Assembly now stands prorogued. HJ7 7 f)