PDF Version

March 12, 2014

HOUSE OF ASSEMBLY PROCEEDINGS Vol. XLVII No. 44

The House met at 11:00 a.m.

MR. SPEAKER (Wiseman): Order, please!

Admit strangers.

Today I have the pleasure of following through on an established

tradition as we welcome new members to the House of Assembly. There was a

by-election in the District of Carbonear Harbour Grace on November 26, 2013.

Mr. Sam Slade is present today to take his seat. I understand from the Clerk

that he has made the Oath of Office, and I welcome Mr. Slade.

[The new member, escorted by the Leader of the Official

Opposition, enters the Chamber and approaches the Chair.]

MR. BALL: Mr. Speaker, I present Mr. Sam Slade, the Member

for Carbonear Harbour Grace, who claims the right to take his seat.

MR. SPEAKER: Welcome, Sir. Please take your seat.

[Applause]

MR. SPEAKER: Order, please!

SERGEANT-AT-ARMS: Mr. Speaker, His Honour the Administrator

has arrived.

MR. SPEAKER: Please admit His Honour the Administrator.

SERGEANT-AT-ARMS: All rise.

[Mr. Speaker leaves the Chair]

[His Honour the Administrator takes the Chair]

SERGEANT-AT-ARMS: It is the request of His Honour the

Administrator that all present be seated.

HIS HONOUR THE ADMINISTRATOR (Chief Justice J. Derek Green):

Mr. Speaker and Members of the Honourable House of Assembly:

Good morning, everyone.

The Second Session of the Forty-Seventh General Assembly of the

Honourable House of Assembly is about to be prorogued, but before releasing you

from your duties, I wish to express gratitude for the careful and sympathetic

attention that you have given to important matters brought to you by My

Ministers.

During this Session, Members passed 25 pieces of legislation. A

prominent theme of My Government's 2013 legislative agenda, from the first bill

to the last, is public safety.

Bill 1 has amended the Canada-Newfoundland and Labrador

Atlantic Accord Implementation Newfoundland and Labrador Act to strengthen

occupational health and safety. The bill's legislative changes are the

culmination of years of work by the provincial and federal governments, the

Canada-Newfoundland and Labrador Offshore Petroleum Board, industry stakeholders

and the workers themselves. Through these amendments, the principles and

practices of a modern, comprehensive occupational health and safety regime have

been embedded directly in the Atlantic Accord, benefitting all who work in our

offshore petroleum industry.

Bill 6 has addressed the concerns about personal safety of

emergency personnel and peace officers when they are stopped at roadsides to

perform their duties. The bill has amended the Highway Traffic Act to

require drivers to reduce speed and move over when safe to do so upon passing an

emergency vehicle or a designated vehicle that is stopped on or along a roadway.

The bill defines an emergency or designated vehicle and indicates that these

vehicles must have flashing or rotational lights activated or other warning or

safety signs and equipment in use. Failure to apply the safe driving practices

outlined under the new legislation may result in fines ranging from $300 to $900

and having four demerit points assessed against the driver's record in the event

of a conviction.

Bill 13 has amended the Highway Traffic Act to enhance

safety in several ways. It clarifies speeding in a school zone. It prohibits

slow-moving vehicles from being driven on a highway with a speed limit of

greater than 80 kilometres an hour, with limited exceptions. It requires

emergency vehicles to stop at a red light or a stop sign before proceeding,

thereby reducing the risk of a collision. It limits the number of occupants in a

vehicle to the number of seat belts in the vehicle so that each passenger can

buckle up. It prohibits passengers from riding on a portion of a vehicle that is

not designed or normally used for carrying passengers.

Bill 22 has given our province a new Food Premises Act ,

which governs the more than 4,000 food premises throughout the province,

including restaurants, grocery stores, convenience stores and mobile food

vendors. The Act provides a clear, unambiguous definition of food that is unfit

for human consumption and, therefore, cannot be sold or distributed in the

province. It also enhances the enforcement capacity of inspectors to ensure

public safety. To promote "open government" through transparency and public

accountability, My Government makes the results of these inspections available

to the public on the website of Service NL. By maintaining the highest standards

of inspection and enforcement, My Government is demonstrating the strength of

its commitment to public protection and giving the people of our province

greater confidence that the food they purchase is indeed safe to eat.

Bill 28 has amended the Schools Act, 1997 to address

bullying by requiring teachers, principals, school councils, school boards and

directors to promote a safe and caring learning environment. The bill requires

every school to have a code of conduct, a definition of bullying as stated in

the Safe and Caring Schools policy, well-defined procedures for taking action

when bullying occurs, and a process for keeping records of violence including

bullying. It also allows the Education Minister to issue policy directives

related to a safe and caring learning environment.

Mr. Speaker and Members of the Honourable House of Assembly:

Other legislative amendments brought forward by My Government

advance social justice in the province to benefit Newfoundlanders and

Labradorians who are particularly vulnerable.

Bill 10 reflects My Government's determination to ensure that

medications are more affordable for those who need them. Under the province's

generic drug pricing strategy, the maximum price that drug manufacturers may

charge for a generic drug product listed in the province's drug formulary is 25

per cent of the equivalent brand name drug price. A manufacturer may seek an

exemption to this policy, but the government may determine an exemption is

unwarranted. Bill 10 has amended the Pharmaceutical Services Act to

enable the Health Minister to remove a drug from the formulary where the

manufacturer does not comply with pricing requirements. This change gives the

province greater leverage when negotiating better prices for the medications our

people need.

Bill 17 has amended the Labour Standards Act to make it

easier for working parents to deal with tragic circumstances in relation to

their children. Specifically, the bill has established two new categories of

leave without pay for employees: a category for parents of a child who is

critically ill, and another category for parents of a child who has disappeared

or died as a result of a crime. Critically ill child care leave provides up to

37 weeks of leave so the parent can provide care or support to the child.

Crime-related child death or disappearance leave provides up to 52 weeks of

leave for the parent of a child who disappears as a result of a probable

Criminal Code offence, and up to 104 weeks of leave for the parent of a child

who dies as a result of a probable Criminal Code offence.

As the Minister responsible for the Labour Relations Agency

stated in introducing the bill, these options support parents who find

themselves in the most difficult and trying circumstances imaginable. They allow

working parents to address the needs of their families, secure in the knowledge

that their jobs are protected. The legislation is progressive, grounded in

compassion, empathy and a determination to stand with parents in their time of

need.

Bill 25 has amended the Human Rights Act, 2010 to add

gender identity and gender expression as prohibited grounds of discrimination.

While complaints of discrimination against people based on gender identity and

gender expression were already covered in this Act under the prohibited ground

of sex, the amendment further clarifies and strengthens the Act. Making explicit

the prohibition of discrimination based on gender identity and gender expression

promotes inclusion and open discussion around gender-based issues while

protecting those who may be vulnerable.

Bill 27 has created a new Adoption Act, 2013 to help

streamline and expedite the adoption process, to ensure the adoption program is

progressive, to clarify and modernize the law respecting adoptions, and to align

principles with the Children and Youth Care and Protection Act , where

appropriate. For example, the bill expands the definition of relative to include

a parent, grandparent, sibling, aunt, uncle, or first cousin of a birth parent

or a child by birth or adoption. It removes the requirement that a perspective

adoptive parent reside in the Province for at least six months prior to applying

to adopt a child. It allows a person who has permanent custody of a child and

who has the custody of that child under a temporary or permanent custody order

for at least two years to adopt that child in the same manner as a relative or

step-parent adoption.

My Government recognizes the importance of finding permanent and

stable homes for children who cannot be safely reunited with their families.

This legislation is the product of public consultation in 2013 and focuses on

the best interests of the child by valuing the connections and existing

relationships in children's lives, respecting the child's opinions and wishes

when planning for adoption, creating permanency for children, and ensuring the

child's safety and well-being in the adoption process.

Mr. Speaker and Members of the Honourable House of Assembly:

Still other legislative amendments have improved the way the

government and the courts function.

Bill 14 has replaced the position of Registrar of the Supreme

Court with the new position of Chief Executive Officer of the Supreme Court and

reallocated various functions to improve administration of the Supreme Court.

The bill makes the system more efficient while doing nothing to compromise the

necessary independence of the judiciary from politics and government.

Bill 26 has paved the way for the elimination of the

Newfoundland and Labrador Health Boards Association in light of a review that

shows its functions can be carried out more effectively and efficiently

elsewhere within the health care system and the government. As the Health

Minister stated in introducing the bill, My Government is committed to ensuring

that the people of Newfoundland and Labrador get the maximum value for every

dollar spent on health care. Repealing the Health Care Association Act

means that the association's annual budget of some $1.5 million will be

redirected to high-priority areas such as frontline health care.

Among the other legislative measures enacted during this session

were four bills to amend the Revenue Administration Act , two

Supplementary Supply bills, a Loan and Guarantee Act, 1957 , a standard

housekeeping bill to remove anomalies and errors in the statute law, and bills

to amend the Services Charges Act , the Commissioners For Oaths Act ,

the Proceedings Against The Crown Act , the Insurance Adjusters, Agents

And Brokers Act , and the Law Society Act, 1999 .

In

summary, My Government's legislative initiatives in 2013

enhance public safety, advance social justice, protect the vulnerable and

improve the way public services are administered and delivered to those who need

them.

I thank you for the large measure of Supply you have granted. I

assure you the appropriations you have granted have been and will be expended by

My Ministers with care and efficiency.

It is my pleasure that the Second Session of the Forty-Seventh

General Assembly now be prorogued and it is prorogued accordingly.

SERGEANT-AT-ARMS: All rise.

[His Honour the Administrator leaves the Chamber]

[Mr. Speaker returns to the Chair]

MR. SPEAKER: Please be seated.

Pursuant to the Speech by His Honour the Administrator, this

House now stands prorogued.