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April 25, 1991

35th Parliament, 1st Session

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Hansard Transcripts

The House met at 1000.

Prayers.

PRIVATE MEMBERS' PUBLIC BUSINESS

WORKERS' COMPENSATION AMENDMENT ACT, 1991 / LOI DE 1991 MODIFIANT LA

LOI SUR LES ACCIDENTS DU TRAVAIL

Mr Wessenger moved second reading of Bill 68,

An Act to amend the Workers' Compensation Act.

M. Wessenger propose la deuxième lecture du projet de loi 68, Loi portant modification de la

Loi sur les accidents du travail.

Mr Wessenger: It is with some degree of satisfaction that I speak in this House about a piece of legislation that, if passed, will lead the way in addressing one of the serious concerns of health workers in Canada today. This bill will make occupational exposure to blood-borne pathogens and the diseases they cause more likely to be compensable under the Workers' Compensation Act. This will include hepatitis B, HIV, syphilis, malaria, babesiosis, brucellosis, leptospirosis, arboviral infection, relapsing fever, Creutzfeldt-Jakob disease, human T-lymphotropic virus type one, viral haemorrhagic fever and cytomegalovirus infections.

The diseases which I have just listed may be transmitted from the infected individual when blood or certain other bodily fluids are exchanged. Because it is the exposure to the blood or bodily fluids that carries the risk of infection, individuals whose occupational duties place them at risk of blood exposure are also at risk of becoming infected with these blood-borne pathogens, developing the disease and, in some cases, dying.

In the last decade, thousands of persons with these diseases have been treated in the health care system in Ontario. We have no reason to believe that there will not be many more. At this moment, for example, we are powerless against the fatal disease of AIDS. It is a deadly disease with no vaccine and no known cure and is threatening that

section of our population we depend on the most, our young and middle-aged adults.

As a government, it is our responsibility to ensure that not only the safety of our workers but, should they fall victim to any of these dreaded viruses, their livelihood as well is protected.

The incidence of hepatitis B in Canada is hard to determine because only a fraction of the cases are reported, but testing donated blood indicates that 5% of all Canadians have had hepatitis B at some point in their lives and some of these people continue to be carriers. There is a high risk with respect to carriers of developing liver cancer and cirrhosis of the liver.

As far as the HIV virus is concerned, we in Ontario have had some 200 reported cases of occupational exposure and they are at present under surveillance by the Workers' Compensation Board. Although as of this moment none of these cases have sero-converted into full-blown AIDS, the Centers for Disease Control in Atlanta have documented thoroughly some 25 such cases. They include such occupations as dentists, dental assistants, surgeons, nurses, ambulance drivers, morticians and laboratory technicians, as well as blood plasma and tissue workers.

Virtually all those confirmed infections occurred after an accidental injury, such as a needle stick, cuts with sharp objects, puncture wounds, splashes in the eyes or mouth or contamination of open wounds on skin.

Studies have indicated that the risk of a person contracting hepatitis B from exposure to blood products is up to 30% and HIV is up to 0.9%, while other blood-borne pathogens I have mentioned studies show fall in the range between 10% to 35% from exposure to blood-borne products.

The ever-increasing prevalence of reported exposures has led to a publication called Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health Care and Public Safety Workers, which gives recommendations for precautions to take while dealing with not only AIDS patients but all patients suspected of having a contagious virus.

While I applaud the intent of these guidelines and appreciate the necessity of following them, the bottom line is there is still a risk in dealing with hepatitis B, HIV and other blood-borne pathogens, which will always be a real risk despite exhaustive precautions.

Over the past 10 years, when HIV was first identified, its various clinical manifestations have infected thousands of men and women, all of whom ultimately face death as a result. Our initial lack of knowledge about this disease has allowed myth, rumour and innuendo to flourish. However, research has made staggering progress in providing new information today. With a better understanding resulting from an ever-expanding base of knowledge, we are better able to address associated health care issues, and one of these health care issues is the risk of infection while trying to help those in need.

This piece of legislation I am introducing in the House today is designed to recognize this risk and appropriately deal with it under the Workers' Compensation Act. Workers' compensation legislation has its roots in the inability of workers to sue effectively for work-related injuries through the courts. It is basically a provincially based, no-fault insurance scheme which covers most workers who have accidents or develop illnesses through their job.

The current Workers' Compensation Act is based on the model implemented in 1915 and over the years there have been amendments which were necessary for their times and circumstances. I would suggest that we need this amendment today to meet the present circumstance of blood-borne pathogen disease. We can no longer hide our heads in the sand and hope this problem will go away.

In the last few years, even the insurance industry has recognized the problem with respect to terminal diseases and we have seen it rise to the occasion and make pre-payments on insurance policies in the case of such situations. Surely the Workers' Compensation Board should also respond to the threat of blood-borne pathogens to health care workers.

We must educate our workers, we must instruct our employees, we must make everyone aware, and most of all, we must protect them. We have always protected the interests of workers and believe in them in this party, and we believe we should continue to do so. This piece of legislation is only a small step, but it does make an improvement in the Workers' Compensation Act by changing the burden of proof with respect to these diseases. I ask for members' support.

Mr Offer: I stand today to speak to the proposed amendment to the Workers' Compensation Act, in particular

section 122 of the act. The proposed amendment today is one which I believe we all recognize in this Legislature is very important, talks to crucially important matters, but I state that there is much in this amendment which has not been stated, and it is on that basis that I cannot support the proposed amendments.

I cannot support the proposed amendments because they leave out so much that is necessary for us as legislators to know before we can support an amendment of this nature. Too much is left unsaid. Too many profound questions are not addressed, and as such, unless I and, I would suggest, though certainly without knowing at this point, other members of this Legislature, have answers to questions, then it could not be supported in good conscience.

I want to use some of the time today, and I think it is only fair and proper to do so, to indicate what some of those questions are, what are some of my concerns in terms of the position, after a great deal of thought and discussion, that has been taken.

I think that we recognize, in terms of that part of the amendment which talks to the diseases indicated, that these are diseases which have a tremendous impact, a devastation not only on behalf of the person but for his family and his friends, that in many cases these particular diseases are in fact fatal, and it is one which I believe all of us want to address as best we can. It is one which we truly do understand in terms of its impact, in terms of its extension into the lives of so many other persons. Families are affected, friends are affected, relationships of all kinds are affected, and of course we must do what we can do.

But as I talk about this particular amendment, I note that it creates a presumption that if a worker in a health-related field who comes into contact with a human bodily fluid and contracts -- and I take away the words "as a result" -- a particular type and form of disease, then it shall be presumed that the contraction of that disease is as a result of the employ of the worker, and the scope of occupation is one which is severely limited to the health field.

Hence, my first question: What about those fields outside of the health field? What about the police officer? Not included. What about the firefighter? Not included. What about a teacher? Not included. What about a variety of other persons in other occupations not included in this amendment who in many ways come into contact with bodily fluid as is suggested in this amendment -- a question I pose which is not addressed in this amendment, which until it is addressed cannot be supported by myself.

The next aspect to this amendment which, after some serious deliberation, causes me not to support it is the whole question of the presumption. I recognize and read from the amendment that it states, "the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved." We must recognize that this creates a presumption, which is rebuttable.

My second form of questions: If it is a presumption, and if it is a presumption which is rebuttable, then what is the mechanism suggested to rebut the presumption? What is the tribunal, the hearing, and who are the persons delegated with the authority to determine whether the presumption is rebuttable? Who are they? Where do they come from? What type of evidence will they be permitted to accept? Will there be cross-examination? What protections have been put in this amendment in terms of the inquiry around rebutting the presumption not stated in this amendment?

The amendment to the legislation is one which at first reading sounds quite proper in its direction, but that is not enough in this Legislature. We have to look beyond that. We have to say: "If this were in fact agreed upon, how could this presumption be rebutted? What degree of proof is necessary? Who listens? Who advocates? Is there an authority, an entrance into the personal and private lives of those persons before this tribunal? How far is the inquiry allowed to extend? What protections in terms of evidence, in terms of a myriad of other legislative acts are there to protect individuals?"

In good conscience, I cannot even in principle stand in favour of a piece of legislation, an amendment, which does not answer or even come to address these particular questions.

It is a serious amendment and for that reason we have to ask serious questions dealing with the protection of privacy, of secrecy. We have to ask questions as to whether decisions made by a deciding body, which is not indicated here, are appealable, and if so, to where, and if so, on what basis, on what grounds? What balance of authority is required to change a decision or indeed, for that matter, to make the case at first instance?

These are things which are not indicated in this amendment. It is for that reason that as I believe I have indicated twice before, I have large problems in accepting it. I think it is only fair and proper that we ask these questions. I think it is our responsibility to demand these types of answers before we can, even at first instance, accept this amendment.

An amendment of this nature in dealing with the subject matter, in dealing with the scope, in dealing with its ramifications must and should have included the decision-making body that has been set up to rebut the presumption, must and should have included the type and weight of evidence required to rebut the presumption, must and should have included, potentially, individuals not just related to the health field. That is something which is outside and not addressed in this amendment and it is something which I believe is crucial to the core of this amendment.

I believe we must address some of the issues which have been spoken to in the amendment, but do we do this in terms of this type of amendment or do we do it in the area of making certain that the workplace is safer for all persons? I believe that is the direction we must take. I believe we should not limit the concerns underlying this amendment just to those who are in the medical field. We must expand those concerns to all persons in all workplaces.

But to do so in a comprehensive, fundamental fashion requires us to look not at amending the Workers' Compensation Act, but rather to making certain that the workplaces for all persons are as safe as possible in that regard, if that be a slogan, a phrase.

We just last year passed a new piece of legislation, the occupational health and safety legislation. That is a major step towards ensuring the safety of the workers in the workplace. It is a major step to addressing the underlying concerns as founded in this amendment. It is, in my opinion, the direction in which we should go. The occupational health and safety legislation is an important piece of legislation. It is a piece of legislation which is working. It is a piece of legislation which carries with it the support of employer and employee.

It is a piece of legislation the previous government was very proud of. It is a piece of legislation which must be used in terms of addressing the underlying concerns in this amendment.

But it is this amendment to which I speak, and I believe that as a result of the questions posed by myself, after some great thought by myself on this matter, I cannot support this amendment. I cannot support it because it does not speak to other persons in other areas of employment. It does not speak to the type of decision-making tribunal decided on to hear these matters. It does not speak to the burden of proof required to rebut this presumption. It does not speak to the evidentiary guarantees for those who are called before the tribunal. It does not speak to the privacy of individuals who may have a relationship with individuals who are before this tribunal.

These are important questions which have not been addressed in this amendment, questions that require and demand answers before I can support such an amendment.

Mrs Witmer: I would like to begin my remarks today by indicating that I strongly support legislative proposals that are designed to protect employees in the workplace and/or to compensate workers for occupationally acquired diseases. However, I am not convinced that Bill 68 will serve either of these goals.

In first looking at the amendments, I thought it was relatively simple. However, the more I look, the more I ask, the more questions this piece of legislations asks and I found no answers to my questions. This amendment has far-reaching implications for individuals and the rights of individuals throughout this province.

I have some great concerns and I have some reservations about this bill because of the impact it has on individual rights. I also question the timing of this bill. I question why it is a bill as opposed to a resolution. I question what the impact will be of this bill. Unfortunately, in this amendment, there is too much being left unsaid. It is very complex.

In dealing with the appropriateness of a bill versus a resolution, it could have been dealt with as a resolution. We could have called on the Minister of Labour to place these occupations and these diseases in

schedule 3 of the Workers' Compensation Act. That is already allowed for at the present time. In dealing with it in the manner that is being done today, it opens up the question of how to deal with other diseases in the future. We will have to determine whether the relationship between a disease and a place of work should be covered through legislation and added on to the

section to which we are currently debating amendments or whether the ministry should add it to

schedule 3.

I also question the timing of this legislation. We know that the whole area of workers' compensation is currently under review by the Workers' Compensation Board and the Ministry of Labour. We also know that this House is dealing with a review of workers' compensation. Why is this issue being dealt with now at this time in isolation of the complete review? Why is it being dealt with now at a time when we do not have all of the answers to a very, very complex piece of legislation?

Another concern I have: The presumption in this legislation is that it occurred in the workplace. If this is enacted, obviously employers will be very anxious to confirm the health status of their workers prior to extending employment opportunities. What impact on the worker? What impact on the rights of workers? What impact on the rights of employers? How could the presumption be rebutted? Will there be a tribunal? What body is going to be set up to deal with the rebuttal?

I am concerned about the possible invasion into the personal and private lives of the individuals involved, but the one question that is left unsaid is, what will the procedure be? What will be the process for the rebuttal? How is it going to be dealt with?

There is another thing I am not sure of. When I look at this list, I do not know how this list of blood-borne diseases was developed, because the transmission of these listed diseases is varied and it includes contact with dog, cow or horse ticks; diseased bats and rodents; the ingestion of infested meat, milk or cheese; contact with malaria-carrying female mosquitoes; and sexual contact with infected persons. Was there -- and this is a very serious question -- any workplace risk analysis completed? The answer is probably no. That is why I say there are many, many questions that are left unanswered.

Therefore, I feel it is extremely important before passing this bill that we obtain the answers to those questions. It is simply not a simple bill. It does invade the rights of the individuals. It can invade their personal lives. It raises more questions than it answers.

I would suggest that this issue be addressed in the complete review of the Workers' Compensation Board. It is an important issue. There is a need to protect all of our employees in the workplace and I am not convinced that this bill includes all of those individuals. We do need to compensate workers for occupationally acquired diseases and I am not convinced that this amendment will do that. So at this time I would indicate to members that I cannot support the amendment as it is without receiving the answers to the questions that I have raised.

Mr Frankford: This is the first opportunity I have had to speak in relation to my medical training and I would like to thank my colleague for giving me the opportunity.

I certainly am very much in favour of the principle of this bill. I think it serves a valuable purpose by recognizing that there are these diseases which are occupationally related and are a hazard to health workers. It is an interesting list of diseases, and although I think some people have thought that this was primarily about AIDS, we have a number of viral conditions here. I must admit that some of them are things which I was not trained in, that were not recognized when I trained a number of years ago.

I think that this is one of the things which was in mind when the bill was drafted, that new viral diseases have occurred. We certainly never imagined that there would be a disease like AIDS, totally unknown 20 years ago. I think that we have to recognize the possibility that there could be other viral diseases, many of which have a very long period of incubation.

In my experience in general practice, of course, I have had to deal with workers' compensation cases many times, and one of the problems of compensation in the past has been the accident-related nature of the claims. I think there is recognition that we have to change this to more presumption of work-related illnesses where one cannot find a particular accident. I think members of this House, in their constituency business, will have spent a great deal of time in relation to the claims about the accidents, and I think that in health care we very much have that problem.

When a needle stick does occur, is it reported and can one know for a considerable time, in many cases, what the consequences are, what viral illnesses will come from it?

In my research, I got a copy of Harrison's textbook of medicine, which is a standard textbook, and there they list in the contents health workers' precautions in relation to hepatitis B and AIDS. I think these are the most important diseases, and certainly in my experience the most common ones, but I think there is value in the list of diseases that we have here.

As I say, AIDS is the one there is the most concern about, but perhaps I can say something about hepatitis B, again something on which the technical work is relatively recent. When I was trained, hepatitis was less clearly categorized. There is now clear understanding of the nature of hepatitis B, which is a blood-borne virus, and where there are distinct risks for health workers. I think perhaps this is the one which brought most concern about occupationally related diseases.

Members of the House may be interested to know the history, that this was found to be quite common in workers in renal dialysis, kidney dialysis, and I think this is a very good example of the latent, unrecognized risks of viral diseases.

The member for Mississauga North raised questions about how one would be showing the presumption. I do not believe that it is nearly as much a problem as he suggests. I think this does go along with procedures that exist in workers' compensation and, as I say, I think this can well be part of the thrust towards a greater recognition of compensability of work-related conditions, as opposed to accidents, which I think is something which clearly is going to be developed in relation to workers' compensation in this House.

So, as I say, I am in favour of the principle of the bill. I have no hesitation in supporting it and I would like to commend my colleague for bringing it forward and raising the House's awareness of the significance of these viral diseases.

Mr J. Wilson: I am pleased to be able to join the debate today on Bill 68, a private member's bill, which creates a rebuttable presumption so that health care workers who handle or come into contact with human bodily fluids in the course of their employment and subsequently contract a blood-borne disease would be presumed to have a disease as a result of the nature of their employment, unless the contrary is shown.

I commend the member for Simcoe Centre for raising this issue, which I know is and must be a concern to every member in this House. Blood-borne diseases are a reality that often manifest themselves in the workplace, therefore injuring workers. I think we would all agree on that.

But like my colleague the member for Waterloo North, and the member for Mississauga North who spoke earlier, I have some concerns with this bill put forward by the member for Simcoe Centre. First, I call into question the real commitment of the government to enhancing compensation in the workplace because of the nature of this statutory amendment. The revision is not being put forward by the Minister of Labour, but through the forum of private members' legislation.

It seems to me that if the government were truly serious about this issue it would not put this amendment to the Workers' Compensation Act through the private members' bill process when we all know that very, very few private members' bills in history ever make it or are enacted into law. It seems to me it would have been better for the Minister of Labour to use the current provisions of the Workers' Compensation Act to either put it through order in council, which would be a very fast and efficient way of amending the act, or to pass a resolution in this House which would amend the

schedule 3 or 4 and again be much faster than the private member's process.

But that said, I am still uncertain as to what would be accomplished if the legislation that we are debating today were to pass. As I have mentioned, the proposed amendment provides a presumption of work-relatedness to health care workers who contract blood-borne diseases. It is in response to this bill that the Workers' Compensation Board has stated: "This type of presumption is available through the regulation-making provisions of the Workers' Compensation Act. The presumption of work-relatedness for industrial diseases is applied when a disease and a corresponding process is entered in

schedule 3 of the regulation 951." So what it is saying is there is already a process in place. We have

schedule 3 and

schedule 4 of the current act, and it seems to me that this bill put forward today, Bill 68, is redundant in the extreme.

The Workers' Compensation Board has already made it policy to consider claims for the infectious diseases delineated in this proposed amendment as put forward by the member for Simcoe Centre. I would ask the member for Simcoe Centre to simply contact the Workers' Compensation Board -- he may have done that -- to find out and have clearly spelled out for him how the board now handles this critical issue. The board has general procedures within its complex case unit (diseases)

section that covers infectious diseases. Within its complex case unit (diseases) branch the board handles all industrial claims and all claims from infectious diseases. In addition, blood-borne diseases are also covered by this

section of the board.

This brings me to two additional concerns with this private member's bill. Why were these blood-borne diseases spelled out specifically within the amendment that we are debating today when they appear to be encompassed within the existing Workers' Compensation Act and are covered by the Workers' Compensation Board's current operating procedures?

Secondly, I fear that this bill is not a progression but a regression.

I once again quote from the proposed amendment, subsection 122(9b), the amendment we are debating today: "If the worker contracted a blood-borne disease and at or before the date of the disablement was employed in or by a hospital, clinic, treatment centre, medical or dental office, school of medicine or nursing, sanitarium, convalescent or nursing home, home for the aged, medical laboratory, visiting nursing service, ambulance service or any similar institution, facility or service, in any process in which he or she handled or came into contact with human bodily fluids, the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved." That is the end of the quote from the amendment today.

Why does this bill limit the right to compensation in the workplace for those employees who contract a bloodborne disease to health care employees only? It is disturbing, and I think the member for Mississauga North made that point very clearly. Currently, the board does not discriminate against non-health-care employees like policemen and a number of other professions who, when they come across a traffic accident, may come into contact with contaminated blood. The board does compensate, currently, all employees, regardless of profession, who are stricken with a blood-borne disease in the workplace.

I am also having trouble with the inclusion in subsection 122(9b) of this amendment of the term "human bodily fluids" as causing blood-borne diseases when handled by health care employees. "Bodily fluids," in this amendment and in any subsequent proposals brought forward by the government, needs better definition. What does it entail? As a result of subsection 9b of this amendment we have a restricted statement in terms of eligible employees for compensation.

As I mentioned, it covers only health care employees, and we have vague wording in terms of employees contracting blood-borne diseases by handling and coming into contact with human bodily fluids. I think it bears mentioning that out of approximately 100,000 HIV/AIDS cases reported in Canada and the United States none have identified bodily fluids such as saliva, urine or tears as the means of transmission of that infectious disease. I feel the wording of 9b creates more problems than it actually solves.

In the end, I would like to say I think that this was a poorly thought-out amendment, although I agree and my party agrees with the principle and its intention. I would ask the member for Simcoe Centre to wait until the reviews now under way by the Workers' Compensation Board, both an internal review and there are currently plans for a complete review of these sections of the act.

The board itself acknowledges that it is handling blood-borne diseases and the compensation thereof and I would ask the member and the government to do their homework with the board and become completely briefed before proceeding with this legislation because I feel it is redundant, and if they are very serious it should be done through order in council if at the end of the review there is a need.

Ms S. Murdock: This, as we have heard, is a bill to amend the Workers' Compensation Act and I rise today to support the bill introduced by the member for Simcoe Centre.

All of us in this House have at one time or another worked to help our constituents represent themselves in workers' compensation cases, some more often than others. In my riding of Sudbury, while I worked with both Elie Martel and the government House leader, many of my cases, too many, dealt with occupational disease. Particularly I recall my personal battle for recognition by the board for the hand-arm vibration syndrome, and too well do I remember the jubilation when the gold-dust miner cases from Timmins were finally recognized by the board. Hundreds of workers left widows or widowers and their children to collect whatever compensation the board provided.

The process to have a work-related disease recognized by the Industrial Disease Standards Panel is long and arduous. In the case of hand-arm vibration syndrome, or white hand as it is often called, the battle for its recognition by workers who use vibratory equipment started long before my arrival on the WCB scene. Elie Martel had fought for years with the board to admit it as an occupationally induced disease, and even so it was over two years of my time before the board's policy was changed to reflect the realities of the working world. The cost for all parties while a case goes through every level of appeal is heart-rending, while the process is slow.

With recognition of a disease accepted, the workers and families of those workers do not have to beg. The presumption is that they contracted the disease in the course of their employment, and such recognition can only be rebutted by showing that their work did not cause the disease. That is why I support this bill. It should be a given that health care workers may contract blood-borne diseases in their work, and no health care worker in this province should have to wait two, five or 10 years or more before such a reality is accepted or presumed.

I would also point out that the board in relation to this kind of thing has resorted to workplace-specific criteria rather than process-specific criteria. For instance, Inco workers in Sudbury would be eligible for compensation for nickel-related diseases, but nickel exposure for workers in other fields would not be eligible unless proven, and hence you cannot have the police or the firefighters included in this particular piece of legislation.

Some will say that this bill is not necessary, that this is why

schedule 3 is in the act and why do we not use that, and that the board of directors could easily amend the act to quickly include such obvious cases and then, of course, get cabinet approval for the amendment. That in itself takes time and would be speedy only if a majority of the workers on the board of directors agreed. It also does not account for the internal dynamics of the board itself. While it is true that adding to

schedule 3 would be the simpler way of achieving the member for Simcoe Centre's purpose, the truth is that no additions to

schedule 3 have been made since 1950, and even then, only 15. In terms of

schedule 4, there have been no additions made by the board.

I commend the member for bringing forth this amendment, but at the same time I feel very saddened that legislation seems the only route at this time. Hopefully, when the occupational disease task force reports back on Ontario's methodology and process of recognizing occupationally acquired diseases, and the Workers' Compensation Board acts on the report, amending the act by a private member's bill will no longer be necessary. There is a message here. When this bill is passed, the WCB will be alerted to seriously adding other categories to

schedule 3.

Mr Lessard: I am rising to support the member for Simcoe Centre's bill as well. I know that there are a lot of people who may have some hesitations with expanding the scope of the Workers' Compensation Act. There are a lot of people who say that things are not working as well as they should be, and of course those are valid concerns at this point in time. There is much that has been said about the presumption and how that may be rebutted.

I just wanted to indicate how important I feel that in rebutting this presumption or trying to -- if this amendment does go through -- the erosion of a person's right to privacy does not take place by persons who may say that there should be something like mandatory blood testing for those people who are working in health care facilities in order to determine whether they may have obtained a compensable disability as a result of their employment.

Many of these medical conditions take some time to incubate, and it is quite likely that people when they start their employment would not even know whether they had some of these types of diseases, so blood tests would not be a reasonable way or a bona fide way of being able to determine whether these conditions were apparent at a time people began their employment. We always have to keep in mind a person's right to privacy and also the fact that he should not need to be required to provide samples of his blood as a condition of obtaining his employment.

Mr Morrow: I stand in support of the private member's bill put forth by my colleague the member for Simcoe Centre. From my background in the labour movement I have been involved in matters of health and safety and I am honoured to speak today on amendments to the Workers' Compensation Act.

I am constantly reminded by my assistants that the Workers' Compensation Act requires several changes in legislation and policy. I am certain that our assistants, who administer the Workers' Compensation Board claims, would find it less complicated and more beneficial if changes were made to the Workers' Compensation Act. I believe this piece of legislation is a stepping-stone in making the Workers' Compensation Act more attractive to the citizens of Ontario.

Blood-borne pathogens pose an enormous threat to the safety of our health care workers. Subsequently, it is the potential transmission of these diseases that poses a threat to other citizens of the province. Since most of these diseases often are not detectable for periods of up to 36 months, it is critical that this legislation put the onus on the employer to prove that an employee did not contract the disease from the workplace, rather than have the employer prove that he or she contracted the disease from the workplace.

It would indeed be difficult for a health care worker to prove that he or she contracted a disease from a needle prick that occurred, say, six months previously. It is the employer's duty to provide workers with a safe place of employment. All hazards must be considered and where there is a potential hazard, protective equipment must be provided. Employees should be educated on these potential work-related risks. This is a basis of health and safety. If these checks fail, it is the duty of the government to support, console and, most important, compensate workers.

I see my time is running out, so I will close by saying that this legislation is both responsible and humane and, as I mentioned earlier, a step in the right direction to improving the much-flawed Workers' Compensation Act. I call on all members from both sides of this House to vote in favour of this bill.

Mr Wessenger: I would just like to deal with some of the issues raised. One of the questions that was raised was, why these specific diseases and where did they come from? They are the diseases that are recognized by the Centers for Disease Control in Atlanta, which is, I believe, one of the recognized leaders in the whole question of blood-borne diseases, so that is the basis of what diseases were included.

On the whole question with respect to why health care workers only, first of all I would like to state that by creating a rebuttable presumption we are not excluding other workers from benefits. The reason for including the health care workers is that the probability of establishing a cause-and-effect relationship between employment and occupational disease is highest in the health care profession, and we feel that these workers should be subject to a less onerous burden of proof and that therefore the onus should be placed on the employer.

This is in fact borne out by the evidence that there have been cases in the health care area with respect to the whole question of HIV which had been established through the occupational.

Last, with respect to the whole question of what I would call the red herring raised by the member for Mississauga North with respect to the question of how privacy is going to be interfered with in the inquiry process, I would like to point out that right now a person can make a claim for proving industrial disease under the Workers' Compensation Act and has to go before a tribunal. That same inquiry would be made of the person making the claim whether there is a rebuttable presumption of proof or not. In my opinion, it is completely irrelevant as far as the inquiry into the individual is concerned. In fact, it would probably be just as onerous in both cases.

I therefore ask that members support this legislation as a spur to getting changes in the Workers' Compensation Act as a recognition of the high risk that health care workers face and the devastating effect of these particular illnesses.

LEAD ACID BATTERIES RECYCLING ACT, 1990

Mrs Sullivan moved second reading of Bill 26,

An Act to require the Recycling of Lead Acid Batteries.

The Deputy Speaker: Pursuant to standing order 94(c)(i), the honourable member has 10 minutes for her presentation.

Mrs Sullivan: The purpose of this bill is to require the recycling of lead acid batteries whether used in automotive or industrial applications. This bill is seen as a positive step forward by the Canadian Battery Manufacturers' Association, with whom I have consulted at some length, and follows the model of legislation which was developed by the Battery Council International. The BCI is an international not-for-profit trade association of companies whose members are involved in the manufacture, distribution and reclamation of lead batteries.

The BCI model has been accepted and implemented in 30 US states where it has been found to be practical and workable. It is the very pragmatic nature of this bill which I suggest makes it one which ought to be accepted by the government for implementation here.

The key points of the bill are: first, to prohibit any land disposal of a lead acid battery and mandate delivery to a retailer or some other agency in the battery recycling loop; second, to require retailers and other parts of the battery loop to take back spent batteries from customers at least equal to the number of new ones purchased; third, to require a posted, written notice informing the public about the recycling of lead acid batteries; and fourth, to use fines as part of the enforcement provisions.

We know that lead batteries are a principal source of starting, lighting and igniting power for automobiles and boats. They are the sole power source for vehicles such as fork-lifts, golf carts and wheelchairs. Lead batteries also support a wide variety of backup power systems for computers and rechargeable products such as hand power tools. Backup power for hospitals and other institutions also relies on lead battery.

Lead batteries are readily recyclable and are in fact recycled today.

An average battery available for recovery weighs about 36 pounds. It contains 18 pounds of recoverable lead, one gallon of sulphuric acid -- about nine pounds -- almost three pounds of polypropylene casing, about three pounds of polyvinyl chloride, PVCs, in the rubber separators and, finally, three pounds of sulphates and oxides to which the lead is bound.

Between 1975 and 1985, the average weight of batteries fell from 42 to 36 pounds. However, with new demands for cold-cranking power, the amount of lead has increased to an average of 22 pounds in those batteries. In the same period of time, the average battery lifetime has also increased by some 11% to close to three years.

Lead acid batteries enjoy high recycling rates today that are the envy of other materials. Market demand is not a problem. A well-developed infrastructure of lead smelters, battery breakers and battery manufacturers consumes all the batteries that are collected. This is a benefit not only to the manufacturer but to the environment as a whole.

But many people do not understand that batteries are readily recyclable and find alternative means for disposal, including placing them with their household waste for municipal pickup and landfill. The increasing concern over lead in the environment has put a greater focus on products and manufacturers that are associated with this toxic heavy metal. This bill is designed to close the loop and to capture those batteries which now miss the recycling circle.

In preparing this bill, I have had the assistance of battery manufacturers, retailers and trade associations, who have reviewed its provisions and commented on its content. I visited a battery factory to further understand the process and the follow-up after recycling.

Many legislatures in the United States have provided me with copies of their own legislation which has been enacted in their jurisdictions. I have been able to review legislation from many states, including Rhode Island, Pennsylvania, Hawaii, North Carolina, Iowa, Tennessee, Maine, Florida, Louisiana, Wyoming, Oregon, Illinois, Connecticut and Minnesota. The majority of those states use the BCI model and adjust it to their local circumstances. Most report, as did the Department of Environmental Resources for the Commonwealth of Pennsylvania, that there have been, "no significant problem(

s) with the procedure."

Many other states have adopted similar legislation, some including a deposit such as we see with bottle recycling. The US Environmental Protection Agency is now reviewing a proposed federal bill that would make all battery legislation consistent through that country. Those states that I have named and who have recycling provisions for their lead acid batteries are our competitors. It seems to me that we should have no less environmental protection here than they do there.

I hope that this bill will be accepted by the House this morning. Similar legislation has proven to be effective in other jurisdictions and it should be enacted here. If accepted at second reading, any amendments which may improve the bill further can be put forward at a later stage of consideration.

Mr Speaker, I am going to reserve time to the end to speak further to this bill. I am urging members to accept Bill 26.

Mr Cousens: I would like to compliment the member for Halton Centre for presenting Bill 26. I will support it. I think what she is talking about is a natural evolution of concern to let's do the best we can with substances that we can keep out of landfill sites and find another purpose for. It is a start.

The concern I have is that it is too bad it did not come from this Agenda for People that the Minister of the Environment has been so proud of. I think the member has been very kind in her remarks, but I do not have to be. She is talking about a government that says it is everything to the environment, yet when it comes to coming up with specific legislation, this government has not -- maybe the member can correct me -- but I do not think that the new government has brought anything forward to this House on environmental legislation since it took power.

They have made all kinds of regulations outside the House. They make announcements outside the House that they are opposed to incineration. They come along with illogical ways in which they are going to handle the garbage. They say, "Well, we can ship the stuff from Kingston to Ottawa-Carleton but we can't do anything from Toronto to Kirkland Lake." We have a government that is really confused on its own agenda.

The Liberals at least have someone who is still alive, who is coming forward with

an act to recycle lead acid batteries, and I compliment her for it. None the less, I would not want to leave this House today and let the honourable member think that it is a perfect bill, because it is not. I think there are a number of things that should be considered in its consideration.

Why not a provision, even though the member has addressed it in her remarks, for a deposit? It works with beer cans. Now that we get 10 cents a can, I think that people will even be picking them up on the beach and the side of the road because they can get a dime out of it. I do, and I do not think there is anything the matter with that. Any one of us -- well, my Scottish background told us to be frugal and be careful and not to waste anything, and I will bend over for a penny if there is one on the road. Maybe that is why I am stooped over half the time.

I think we have got to do everything we can -- when I look around this place, all there is is dirt from the NDP, so I do not want to keep my head too low.

Mr Perruzza: Aren't you being a little nasty this morning?

Mr Cousens: I am sorry. I did not mean to do that. There is always a certain offensive way that one has in describing the socialists that have taken over the province.

A deposit on batteries makes sense because if I can get a dime back, then that deposit is something I will go back for. It really does not matter what it is, if someone is going to go and look for that deposit. These young people up in the gallery know what it is when there is a deposit on pop bottles. They are inclined to use pop bottles rather than cans.

[Interruption]

Mr Cousens: This is to keep me quiet, I think. No, I cannot be bought off for that much.

The deposit provision is something that is worth looking at. It is a way in which we can encourage people who are not presently involved in the whole recycling program but who are looking for dollars. There are people who will then find a way of making a dollar out of collecting the old batteries.

I realize that is not part of the bill because you are not allowed to move batteries from one person to another. None the less, it means that industry and business will at least have a way of getting that money back and it will force the batteries into a recycling program.

The second thing is the collection facilities. I wish there was a greater definition of what the member really means by collection facilities. Maybe in her closing remarks she could elaborate on what she means by that.

My third point has to do with large batteries. When we think of a car battery, which is a lead battery, it is just a heavy, small battery about a foot square or smaller. Then you start getting into industrial batteries, which will also be covered by this legislation, which are a couple of tons in size. What does the honourable member suggest be done with those? I would think that they are already looked after and maybe there should be a special provision that deals with them.

Oh, oh, more money coming in. I am going to be on my knees today. I can just see it coming. I will go off the TV camera if I bend over for that coin.

Mr Perruzza: Bend over and pick it up.

Mr Cousens: No, I just do not want to miss the opportunity here.

I have one final issue. Why do we not begin to look at household batteries? I realize the batteries are one part of the equation, but household batteries become a matter of great concern when they end up either in incineration or in landfill sites or in anything. When you consider what they are full of, they are really full of toxic substances. When you look at the different kinds of batteries we have, zinc carbon batteries, alkaline manganese; the button cell batteries contain substances that if they are allowed to go into a landfill site -- you have got lithium batteries.

All I can say is that household batteries consist of a large number of different kinds of substances, and if those substances are allowed then to just break apart, end up in a landfill site, we are doing something in long-term damage to the environment.

Why not begin to look at a program that educates the public on what to do with their household batteries, what they use in a flashlight or their radio or anything else? If we did anything right, we would try to get people off batteries. If we could, we would find other ways of finding power, because when you look at the energy it takes to just have a rechargeable battery and some of these methods, if people could just hook up to an electrical line when they can rather than using batteries, we would have another way of solving this.

The automotive companies have spent millions of dollars to try to find substitute power for gasoline. They have come up with different kinds of batteries. Let us continue to invest in research to find other methods of power. We have got solar power; we have got other kinds of power. Why can we not do more in this?

The small calculators that we use now are energized by light. Maybe I am opening up another can of worms because I do not know enough about it because it is another kind of battery, but are there other forms of energy that we could be using that will have no or a more limited negative effect on the environment over the long term?

That becomes a question that this government could begin to address with some of the moneys that are coming in from other forms of taxation which could then go out to fund it. The Ministry of the Environment has picked up over $150 million just on the tire tax which has not been spent. I personally would take a certain amount of pleasure in seeing some of that money invested in research and development, to find ways of protecting the environment in the long term.

None the less, there are many other things to be said. I am most fortunate in having the member for Mississauga South, who is a learned person on environmental matters, who will be speaking on this issue as well. I wanted to share part of the time with her in response to this bill.

The bill is a beginning. It is too bad it did not originate from the most honourable Minister of the Environment. That is where some of this leadership was expected to be coming from, but instead it comes from the remnants of the Liberals. We will take it wherever it comes from. We are willing to support these things because we believe in it and it is right. I thank the honourable member for at least making an effort. Who knows what is going to happen? If it is a whip vote, it might be defeated, but at least we will be in support of it from the Progressive Conservative side of the House.

Mrs Mathyssen: I rise today to speak to private member's Bill 26, introduced by the honourable member for Halton Centre. First, I would like to say that the Minister of the Environment would have liked to have been here today, but unfortunately her

schedule did not permit her to be present. As her parliamentary assistant, she has asked me to speak to the bill.

After reviewing Bill 26,

An Act to require the Recycling of Lead Acid Batteries, I would like to commend the member for Halton Centre for putting forth creative solutions for the disposal and recycling of these lead acid batteries which are primarily used in cars and trucks.

As all members of this House are fully aware, the Minister of the Environment has enunciated her aggressive 3Rs waste reduction strategy. I am pleased that the member opposite has shown by her efforts today the realization that we must all work together to achieve this. This bill is an example of our ability to do so.

I am pleased to say today that I support this bill in principle and will vote in favour of its passage at second reading. However, I do have serious reservations about the finer points of this proposed legislation.

It is simply common sense for all of us to recycle our old used car and truck batteries. By doing so, we do indeed reduce the waste going into landfills. We must develop a conserver society. Recycling our old batteries not only reduces the amount of waste that ends up in our landfills but also promotes the development of secondary industries. Old batteries, while not functional in our vehicles, are still of great value.

Evidence of the worth of old batteries can be found in the fact that several recycling facilities already exist for lead acid batteries. Old batteries mean profit for those who are in the recycling business, and we have certainly come to a point in our history when we must stop thinking of products that no longer serve our needs as garbage. We must now understand the value of our formerly discarded products and make a conscious effort to thoughtlessly discard them no more.

While we must ensure continued recycling of our old batteries, we must also ensure that lead acid battery recycling facilities meet the stringent standards of existing environmental legislation. One of my chief concerns with the proposed legislation before us this morning is the fact that it only deals with one specific product. Passage of the bill in its present form would set a precedent for legislation on a product-by-product basis.

I think this approach, especially at this time, is not the direction we should be taking. It would, in my opinion, be a mistake. While I agree that recycling of car and truck batteries is a step that we must certainly take, I would also point out that a more comprehensive waste reduction-recycling strategy would be more effective.

Another concern I have is the fact that this bill is aimed primarily at the consumer. The onus of compliance is placed squarely upon the shoulders of the consumer of the product. While it is true that we must all take responsibility for the protection of our environment, I do not believe that the responsibility lies only with the consumer.

The honourable Minister of the Environment has stated that industry must take the lead in product stewardship. What this means is that industry must ultimately be responsible for the products that it produces, especially when these products have the potential to damage the land on which we live, the air which we breathe and the water that sustains us.

This bill fails to address the issue of industry product stewardship. I would like to have seen such an inclusion from the member for Halton Centre. It is essential that all members of our society understand and put into action the 3Rs: reduce, reuse and recycle, and this includes recycling lead acid batteries.

Despite the fact that I have numerous reservations with regard to the proposed legislation, I agree wholeheartedly with the basic principle put forth. For this reason, I will support the bill from the member for Halton Centre.

Mr McGuinty: I take pleasure in supporting the bill introduced by the member for Halton Centre and I want to compliment her, not only for having introduced the bill but also for the excellent research that went into developing it, and in particular on the advantage she has taken of experiences gained in other jurisdictions, particularly the American jurisdictions.

I do not think any of us here can fail to recognize and understand the important role that the 3Rs can play in terms of reducing waste in the province. Reducing, reusing and recycling are now well known to all of us here and to, I am sure, our population in Ontario. What this bill does is it provides us with an opportunity to put into practice one of the 3Rs, and that is recycling. It deals with a particular form of pollution, lead and acid batteries.

Now, criticisms have been levelled at the bill as a result of its failure to be more encompassing, at the fact that it is not comprehensive in terms of its approach with batteries and, further, that it is not comprehensive in dealing with other forms of pollution which also could be addressed in a similar manner. That is a legitimate criticism. However, if we are to approach all problems on an omnibus basis, problems which arise in this House and particularly problems relating to pollution, whenever we delay something, damage is continuing to occur in the interim.

The question we have to ask ourselves is, are we prepared to allow this damage to occur? I think the priority we must lend to our approach to all pollution is one which leads us to deal with it effectively at the earliest possible opportunity. That is what this bill is attempting to do and I think it will successfully do so if we give it a chance.

The parliamentary assistant to the Minister of the Environment raised a concern that industry must take primary responsibility for dealing with the problems created by forms of pollution, and she made reference to a phrase the minister has used a number of times, "industry product stewardship." There is some legitimacy to that concern raised by the parliamentary assistant, but I would reply that our greatest strength in this province in terms of dealing with pollution lies with the individuals and not with government or business.

This places a responsibility not only on individuals, the consumers, but on the retailers, manufacturers and distributors. It provides a comprehensive approach to a specific problem and I think it deals with it in a very effective way. In fact, all of those groups are charged with special responsibility under the terms of this legislation and the theme that is evident here is that everyone has a role to play.

Another very attractive feature of the bill is that it creates a closed-loop system. I guess it is a variation on the cradle-to-grave theory and it effectively, again, deals with the product from the onset of purchase until it returns into the hands of the appropriate party who can deal with the product.

Something I would encourage the member for Halton Centre to do is to ensure that ultimately when this bill meets with success, communications, and particularly those that are going to be made to the public, to the consumer, the retailer, the manufacturer, are given some time in order to ensure that people are not caught off guard with respect to this legislation.

The member for Markham, I believe, made reference to deposits. It is my understanding that the deposit approach -- that is, where a deposit will be paid on the battery, in return for the spent battery at a later date the deposit will be returned -- has been less than successful, given the experience of other jurisdictions, particularly American jurisdictions. Although he has raised a valid point, I think that experience has shown -- and it is no longer necessary for us to reinvent the wheel on this particular case -- that it was proven that this approach is more successful than the deposit approach.

I think we should recognize too -- I have mentioned this before and the member for Halton Centre did -- that given the experience this type of legislation has met with in other jurisdictions, particularly American jurisdictions -- it is my understanding this bill has been put into effect in one form or another in 30 of the states -- It is based on a model bill which was put forward by the Battery Council International and this bill has been endorsed by the Canadian Battery Manufacturers' Association. So all of those factors, I think, commend themselves to us.

In closing, I would recommend that this bill be given very careful consideration. I am very pleased to hear that the Minister of the Environment is going to consent to the passage of this bill on second reading. I assume that she will be making her reservations known more fully to us when third reading comes around, but I am sure that the member for Halton Centre, if I can go out on a bit of a limb here, is open to improvements to her bill. I do not think any of us have laid claim to perfection in terms of our ability to draft legislation which will meet all of the needs in specific area, and I am sure that the same would apply here.

I think I have said all I can in terms of providing intelligent contribution to this debate and --

Interjections.

Mr McGuinty: Members should shout some ideas over here. Perhaps I can end on this note: I think the most appealing element of this legislation again is this principle of the closed loop and the fact that it provides a comprehensive approach in terms of dealing with a particular problem and I lend my wholehearted support to it.

Mrs Marland: It gives me pleasure to rise this morning in support of this bill. I would like to say at the outset however that the member who introduced this bill to the House represents a party which, for the five years that it was the government, did not respond to my suggestions that we have mandatory battery recycling.

If the members would listen to the comments, then they will understand that the rebuttal which usually follows, "Well, you were the government for 42 years; you didn't do that," I want to tell members that when we were the government, first of all, the technology that now exists did not exist then, and even so, in 1979, which is the latest figures that are accurate about recycling this type of lead, these kind of batteries were recycled to the maximum of 90% of the batteries produced.

I think the incentive of the bill is great. I think if anyone wanted to research Hansard for the last five years, he or she would have heard me asking the Minister of the Environment of the Liberal government to initiate recycling of batteries and to encourage the use of rechargeable batteries. In fact, I remember one day specifically suggesting in a

preamble to one of my questions that we should have a once-a-month, routine dropoff in schools of all the other types of batteries, because first of all, it would be an educational experience for children to start to recognize that with all their toys and games and the small appliances which are used in their homes that are battery-operated, if they do not have rechargeable batteries, then there has to be a safe disposal for their batteries as well. That suggestion to the Liberal government was never picked up.

So I think it is great that this bill is here this morning at the initiative of the Liberal Party, and of course as an environmentalist, I support it wholly. I think we have to be sure that we make an amendment to this bill when it comes back to the House or to committee to ensure that there is an incentive, because at the moment the recycling of any batteries containing lead is limited to the market requirement for the end product.

I noticed in the bill it refers to secondary lead smelters. Now, there are only five in Canada. One of those secondary lead smelters is in my riding. It is also an operation that has done in the past a great deal of damage to the environment from the process of recycling those batteries. They are now, with new equipment and new regulations and enforcement by the ministry, down to 99.98% efficiency in terms of trying to achieve zero discharge. However, zero discharge is not going to be possible with recycling of these batteries.

But frankly I think the control of where these batteries go is more important than the deterrent of the fact that we cannot achieve zero discharge in the process of their recycling.

I think when we are looking at something as heavy as automobile batteries, we have to be very sure that whatever the regulations are to implement this bill, they are very practical. There are a whole lot of people who are simply not able to carry a 25-pound battery into a store when they go to buy their new one, and they are dependent on the person in the store to take the new one out to their vehicle.

I think the limitation about not transferring one battery from one consumer to another should be closely looked at, because the fact that you would have to bring a battery in to buy another one is perhaps going to be difficult to enforce if that is the thrust behind a regulation following this bill. Obviously a lot of people take their batteries out of their cars and put them in their boats and therefore there are other uses that they give to a battery for which the purpose in their car has been completed.

I think also that with this bill the government should look at increasing the market for the end product so that the incentive can be there because of the value of these used batteries. Unless there is a market at the end, then we do not have an incentive for anyone to comply with those regulations, and obviously the policing would be very difficult. When you think about the fact that a battery contains almost a gallon of sulphuric acid, it is pretty scary stuff if you think about what happens to those batteries when they are not properly disposed of.

I think when we look at the record of where we are currently, with only 50% to 55% of all batteries being disposed of safely, obviously something has to be done to reverse that trend.

I think also that when we even look at a good secondary lead smelter and, as I said a few minutes ago, consider the risks of what happens in that process and recognize that the gas that is emitted is a greenhouse gas, we have got to be very sure that where these recycled batteries end up is a safe alternative. Landfilling them is not a safe alternative, but also secondary lead smelters have to be very closely monitored to make sure, because there are a lot of batteries, that we are not simply lowering the standards. As long as everything is conducted within close guidelines, it will work.

Mr Drainville: I am glad to be able to rise in the House today in support of Bill 26, which has been brought forward by the member for Halton Centre. I want to say also that we are always in a bit of a dilemma when we see on all sides of the House, when resolutions, motions and bills come forward, the difficulty on the part of individual members as they raise these issues. There are often parts of the bills that we can quibble with, that we do not think go far enough or we do not agree with, and that is the case of course with this bill, as it is with most of those motions.

But I want to say that despite the fact that there are some things -- and I will talk about them in a moment -- still I believe that this bill is something that is worthy of passing in the House. I certainly will support it and I would ask other members to do the same.

Under this bill it would be unlawful for a consumer to "dispose of a battery except by delivery to a battery manufacturer, a battery retailer, a battery wholesaler, a secondary lead smelter or a collection facility designated by the director." The other thing that I think is good about this bill is that it says that there can be no emissions that flow from the battery either into the air or the water.

I want to talk about why those things are important. First of all, recycling, as we know, is an absolute priority with this government. The Minister of the Environment has been clear about the need for us to move in the direction of the 3Rs that we have put forward. We are supportive also of the fact that this bill prevents a resource being lost to waste. Also, it is important that we as consumers, and this bill helps to provide for this, have the opportunity to take seriously our role in society, that we have to know the effects of our consumption. So it puts the onus on the consumer here.

The proposed bill is very stringent, and I say "stringent" in the sense that it prohibits emissions in the disposal of these batteries, and that is a good thing.

In terms of some of the negatives that we see in this bill, I must say that it is a difficulty today, as we look at the environmental problems that we have, that much of the onus more and more is being put on consumers. That is a good thing because, as I say, we have to take responsibility for our environment and our role in society. But I have to caution the members here, and also caution my own government, that we need to be clear about the role of producers and manufacturers.

We need to ensure that there are enough attempts to ensure the producers and manufacturers themselves take seriously the environment, that when we produce things that are potentially hazardous to the environment we are not helping our community or society, and in these terms the bill does not really deal with that kind of issue. That is a concern I have and so I would raise that problem.

Section 2 of the bill talks about the disposal of the battery. It does not really go into any great definition of disposal of the battery and I think that needs clarification. I would hope that perhaps in the future, either through the Minister of the Environment or through another bill, we might have that spelled out, because there are many ways of disposal and I think that needs to be focused on.

I also want to say that in terms of

section 13, the fine of $500, I really believe that is not a particular help, that it is too small a sum of money. Our environment is so important that if we are going to establish penalties and attempt to monitor the kinds of infractions that may occur, there has to be some sense in which we are going to make a strong statement when anyone breaches the law. I think we need to increase the penalty.

On the whole, those are the main remarks I want to make. I want to applaud the honourable member for Halton Centre and indicate how much I appreciate her bringing forth this bill. I again say that I will support it and ask my fellow members of caucus to support it as well.

Mr McClelland: It is a pleasure to stand here. I might at the outset indicate my disappointment that the member for Ottawa South could not continue at length. We were all riveted to every word and turn of phrase that he was issuing forth today. Notwithstanding our encouragement for him to continue, he found it necessary to conclude his remarks, and for that I am sorry.

I am not here necessarily to join in any rebuttal with respect to my friend the member for Mississauga South. She raised the issue of mandatory recycling. I think, though, it bears some comment. Very briefly, I wanted simply to say that is an issue that I think deserves to be considered and revisited again from time to time. Simply let me say that the philosophy of the previous administration, since the member for Mississauga South raised it, was that very much was being done in general terms with respect to recycling.

Indeed, the tremendous response from all communities across this province was indicative of that, and I think the willingness of communities and, more important, the citizens of this province to get involved in recycling speaks for itself.

One of the things that my friend the member for Victoria-Haliburton mentioned was that there are always, in any bill -- none of us is perfect and anything, therefore, that we craft requires change from time to time. Indeed, one of the strengths of this whole process is that collectively we assist one another in refining and improving and adding on and making changes as necessary and as deemed advisable by the majority of members who are present at any given time.

I am pleased that he is prepared and has stood in his place and said that he will be supporting it, together with his colleagues on the government side, because indeed in so doing, if this would move forward to the appropriate committee, amendments that I am sure would be very helpful would be forthcoming from members such as the member for Victoria-Haliburton and others, and in so doing would build on the basic principle of this bill, which I think is laudatory.

I might add that one of the things that my colleagues on all three sides of the House have not mentioned as an integral component of this bill is the issue of communications. A lot of people do not know what they can do.

I meet from time to time with citizens' groups, as we all do, and meet with students, and they will say, "What can I do to help?" In fact, I know that a number of members opposite have done some very fine work -- on all sides of the House, for that matter -- and sent out householders to their constituents and said, "The environment, how can I help?" And they articulate a series of items that we can do in our households from day to day to assist, in practical terms, the improvement of our environment and the preservation of our environment for generations to come.

This bill has a communications component built into it that I think is very, very important, because is it identifies the potential. It very clearly has standard signage that allows the consumer at the point of purchase, and subsequently built into the process of the recycling of the batteries, to become aware of what they can do.

I need not go into some of the difficulty created by the inappropriate disposal of lead batteries. Many members, particularly the members from the Durham region -- I notice that our friend the member for Durham Centre is here today -- would be well aware of the tremendous difficulty with respect to the development of Canada Homes with the inappropriate disposal of lead batteries. A generation later, the health and the wellbeing of an innocent community was put into jeopardy because batteries were inappropriately disposed of. The pollution, the poisoning of soil that is caused by the inappropriate disposal of lead batteries is just tremendous in its magnitude.

The other difficulty, of course, is that lead migrates from place to place as it percolates through the soil, given the water tables, and is very, very hard to trace. Environment is not only a dollars-and-cents issue but is a very real issue, because it depletes resources that would otherwise be available for the things that we need to do. The cost of cleanup of lead contamination is simply astronomical. We are literally into the millions upon millions upon millions of dollars to clean up lead-contaminated soil.

Moreover, it has been clearly indicated by those in the scientific community that lead contamination has a tremendous debilitating effect upon the mental capacity of young people, that it in fact impairs cognitive skills. Lead poisoning has that effect. So I really believe that the substance of this bill is to be pursued and to be pursued rigorously.

I would like to indicate one small point. I had asked my research assistant, the member for Ottawa South, to provide me some information, which he has just done. The member for Victoria-Haliburton indicated that he felt the fine was too low. It is my understanding that the limit for the Provincial Offences Act was $500. I am wrong. My friend from Ottawa South indicates that the maximum fine under the Provincial Offences Act is in fact $2,000. I would simply say that is indicative of the constructive nature of this kind of debate.

The member opposite has brought to our attention something that could in fact be changed. It is the kind of amendment that I would encourage my friend to bring forward should this proceed to committee, as I believe it will and ought to do.

Let me say one thing in conclusion: People will say from time to time, "What difference does it make in the grand scheme of things?" I am not here, and do not have the opportunity, to go into the vast difficulty that can be attributed to lead contamination. The magnitude, both in terms of potential harm and the scope of lead contamination of our soil and water through lead batteries, is just profound, it is absolutely incredible. But people want to do something. People in Brampton North, in my constituency, want to make a difference; people in Victoria-Haliburton want to make a difference; in Middlesex; in Halton.

Mr Carr: In Oakville South.

Mr McClelland: In Oakville South, my friend says. I think people across this province want to make a difference. Does it make a difference? Yes, it does. This is not my illustration, but I borrow from a good friend of mine who recently was talking about the little things that we can do. He said: "You know, if you grab a snowflake in your hand it's not very much. It's pretty fragile and it melts. It doesn't amount to much.

But if you put enough of them together they can shut down traffic and stop planes from flying." If we begin to do things a little bit at a time, if the 9.2 million or 9.3 million people in this province do the little bit that we can, together it becomes very, very significant.

Moreover, I look at the pages who are sitting in front of Mr Speaker and the kind of world that we are going to leave for them. The responsibility that I have, the responsibility that each one of us has and the people whom we represent, I think, is significantly addressed through the legislation that has been put forward. I commend the member for having put forward this bill. My colleague the member for Halton Centre has done a lot of good work with this. We are delighted to speak in support of it and wish her well as it proceeds to committee and is improved with the constructive input of my friends opposite.

Mr Lessard: I too am rising to support this bill. The reason I am doing that is because I am firmly in support of efforts to recycle, reduce and reuse. I support this bill, however, with some reservations, one of them being that this bill only deals with one issue, and that is the recycling of lead acid batteries. I am not sure the recycling of these types of batteries really is something that is a significant problem, without having a bill to deal with it.

It has always been my belief, and maybe it is not correct, that used batteries have valuable materials in them and are desired by companies that are involved in lead smelting and for that reason are collected by them. Something that concerns me is that at one time, my friend the member for Huron tells me, $5 was paid for people who turned in their old batteries, because these were items that were collected by persons who wanted the materials in them.

I think, rather than having mandatory incentives placed on people who are going to be dealing with batteries, that this incentive should come about some other way. I say that because the bill sets up what looks like a complicated process to deal with what may not be a serious problem, that is, reusing materials that are in used batteries. It seems to me that there are more problems involved with the storage of these types of batteries and that does not really seem to be addressed in the bill.

It was mentioned earlier about contamination of land from lead and this bill, in subsection 2(4), indicates that you cannot dispose of a battery in such a manner that chemicals may be emitted into the air or water, but it does not deal with contamination of land. That is something that causes me some concern.

I do agree with the comments that were made by my friend the member for Markham, who indicates that he is concerned about other types of batteries. Specifically batteries that we need to be concerned about are ones that are used in flashlights and lots of small electronic appliances and gadgets that are so popular these days, and those generally have mercury in them. I know it is a problem down in my area because of the Detroit incinerator being across the river.

My friends in the opposition will know about the problems that have been caused by that. In fact, a lawsuit was commenced against the state of Michigan because of the problems from the incinerator, and mercury contamination is a serious problem in emissions from that incinerator, to a great extent because of batteries that are incinerated there. I think we need to pay some attention to those types of batteries as well and that there does need to be some sort of incentive to deal with those.

Mr Mills: I do not want to speak at great length because I realize that the honourable member for Halton Centre wants to wrap up. I would just like to congratulate her on bringing forth this Bill 26.

I find, on Thursday mornings, being here when we debate private members' bills is so exhilarating to me. I often wonder whether perhaps this is the way governments should be run, because we all seem to have such wonderful ideas and it almost makes me use the analogy of being in church. The best part of being in church is to get the opportunity to sing and the best part of being here on Thursday is that we get to debate these wonderful, sensible suggestions that all parties bring forward.

I know that I am very glad to see the retailer has to take back the battery. In my own circumstances, I had a battery installed a short while ago and I drove the car home and I thought he had taken the battery. I opened the trunk and there was the battery. We wonder what to do with these things, and I am sure this is repeated all over the province. I have a battery now at the back of my shed, and I am sure there are thousands and thousands of people like me who have batteries polluting the earth and the soil all over the province at the backs of their respective sheds.

I congratulate the member. It is not often that I can stand here and support Liberal ideas, but today I am very pleased to stand here and support her.

Mrs Sullivan: I want to begin by expressing my appreciation to the members who have put their thoughtful comments relating to this bill before the House today and to thank them also for their support. There are some points that I want to address in remarks that have been made.

The member for Markham and the member for Windsor-Walkerville both spoke relating to the deposit system, which may be something we ought to be looking at. I have looked at that alterative, and one of the things that drew me to leave that particular alternative out of this bill was that this bill must be implemented all across Ontario.

As a consequence, we are looking at an industry-specific situation where a deposit, particularly for small retailers and particularly for those in communities that are smaller than Toronto, may increase cost, may increase the bureaucratic paper burden for the retailer and make it more difficult for that retailer to participate. We have also looked at statistical data from the United States experience and discovered that in fact where there is a deposit system, it does not work as well as where there is not.

The member for Markham asked me to be more specific about the collection facilities. I think we understand that because of the industry-specific nature of the bill, we are looking at a situation where indeed there is a collection cycle. It begins with the customer who may be an industrial or a retail customer and proceeds right back to the manufacturer. That is a long-term process and one which is very efficient.

I hope that when the vote is taken, it will pass. I believe that we can improve the bill in committee as it is taken forward and that it will become a good part of our legislation in Ontario.

WORKERS' COMPENSATION AMENDMENT ACT, 1991 / LOI DE 1991 MODIFIANT LA

LOI SUR LES ACCIDENTS DU TRAVAIL

The Deputy Speaker: We will deal first with ballot item 13 standing in the name of Mr Wessenger. If any members are opposed to a vote on this ballot item, will they please rise. Is it the pleasure of the House that the motion carry?

All those in favour will please say "aye."

All those opposed will please say "nay."

In my opinion the "ayes" have it.

Pursuant to standing order 94(f), the recorded vote on this ballot item is deferred.

LEAD ACID BATTERIES RECYCLING ACT, 1990

The Deputy Speaker: Mrs Sullivan has moved second reading of Bill 26.

Motion agreed to.

The Deputy Speaker: Pursuant to standing order 94(k), the bill is referred to the committee of the whole House.

Mrs Sullivan: I request that it be sent to the resources development committee.

The Deputy Speaker: It has been requested that the bill go the resources development committee. Agreed?

Mrs Haslam: No.

The Deputy Speaker: No. All those in favour of this question will please rise and remain standing. All those opposed will please rise.

Clerk Assistant and Clerk of Committees: Mr Speaker, there is not a majority.

The Deputy Speaker: The majority of the House not being in agreement with the request of the member, this bill is referred to the committee of the whole House.

Bill ordered for committee of the whole House.

WORKERS' COMPENSATION AMENDMENT ACT, 1991 / LOI DE 1991 MODIFIANT LA

LOI SUR LES ACCIDENTS DU TRAVAIL

The House divided on Mr Wessenger's motion for second reading of Bill 68, which was agreed to on the following vote:

La motion de M. Wessenger pour la deuxième lecture du projet de loi 68, mise aux voix, est adoptée:

Ayes/Pour-38

Abel, Boyd, Bradley, Cooper, Coppen, Dadamo, Drainville, Duignan, Fletcher, Frankford, Haeck, Hansen, Harrington, Haslam, Hayes, Hope, Jamison, Johnson, Klopp, Kormos, Lessard, Martel, Mathyssen, Mills, Morrow, Murdock, S., O'Connor, Owens, Silipo, Sutherland, Ward, B., Ward, M., Waters, Wessenger, White, Wilson, G., Wiseman, Wood.

Nays/Contre-17

Arnott, Callahan, Caplan, Carr, Cousens, Cunningham, Curling, Fawcett, Harnick, Jordan, Marland, Offer, Sullivan, Turnbull, Villeneuve, Wilson, J., Witmer.

Bill ordered for committee of the whole House.

Le projet de loi est déféré au comité plénier de la Chambre.

The Deputy Speaker: Mr White, you are not in your seat, I believe.

Mr White: I have already voted, Mr Speaker.

The Deputy Speaker: No, but you were not in your seat. You are to vote in your seat.

Mr White: I am in my seat, sir.

The Deputy Speaker: I agree, thank you.

Mr White: On a point of personal privilege, Mr Speaker: My seat has been moved from here to here.

The Deputy Speaker: But you cannot move as you vote. You cannot move from one seat to another until you vote. That applies to everyone; as simple as that. These are the procedures.

LEAD ACID BATTERIES RECYCLING ACT, 1990

Mrs Sullivan: On a point of order, Mr Speaker: It is my understanding that some of the members in relationship to the vote on disposal of Bill 26 did not understand that having the bill in committee of the whole meant that there could not be witnesses brought before members to discuss the content of that bill. I wonder if we could have unanimous consent of the House to take that vote again so that it can be referred to the standing committee on resources development.

The Deputy Speaker: Is there unanimous consent? No.

Hon Miss Martel: If I might, Mr Speaker, there will be government business going to that committee in the very near future, and that is why I am not referring it to that particular committee.

The House recessed at 1205.

AFTERNOON SITTING

The House resumed at 1330.

MEMBERS' STATEMENTS

BROADCAST OF QUESTION PERIOD

Mr Daigeler: For some unknown reason, TVOntario decided a few weeks ago to broadcast Ontario Question Period after midnight. This change is regrettable indeed. Some Ontarians may still stay up past midnight to watch Question Period on television. Most people, I suspect, though, will be in deep slumber by then. Poor program timing will deprive them, therefore, of a great opportunity to learn first hand about provincial politics.

For the three years that I was a member of the governing party, Question Period was always broadcast between 11 and 12 pm. This was late enough but still reasonable for people going to work the next day. In fact, over the years I have met many constituents who mentioned how often they followed the Queen's Park proceedings on television and how much they enjoyed them.

Why did TVOntario change this practice? Does it have anything to do with the new government's inexperience in handling public accountability? Who made this unfortunate decision and on what advice?

I will send a copy of this statement to the chairman of TVOntario and ask him to explain. But I will do more. I will urge Mr Ostry to reinstate the usual broadcasting hours for Queen's Park question period.

GEORGE LAWRENCE

Mr Turnbull: I am pleased to stand in the House today to recognize one of my constituents, George Lawrence. George received the first ALS Ontario Esmond Butler Volunteer Award from the Governor General on Tuesday 23 April as their volunteer of the year.

ALS, amyotrophic lateral sclerosis, is more commonly known as Lou Gehrig's disease, after the famous baseball player who died of it. It is a relentlessly progressive, irreversible disease of the nervous system. It has been said that having ALS is like being buried alive.

George Lawrence, an ALS patient himself, has held many executive positions with the society and is currently president of the Metro Toronto society. He was the sparkplug behind the Buried Alive public awareness campaign for ALS in 1987-88. In 1987, George was responsible for starting the National Iron Man Luncheon to honour the Blue Jay who best exemplifies the characteristics of good sportsmanship and gentlemanliness of Lou Gehrig. Although George lives with the effects of ALS every day, he devotes all of his time and energy to publicizing the disease and helping others cope with its debilitating effects.

I would ask the House today to join with me in recognizing Mr Lawrence for his courage and sense of responsibility to the disabled community. He is a concerned humanitarian and I congratulate him on his award.

DAY OF MOURNING

Mr O'Connor: It is my privilege to rise today and announce that the Durham Regional Labour Council is sponsoring a march on Sunday 28 April, which is labour's day of mourning for workers killed, disabled or injured while they were on the job.

Just two days ago, the member for Leeds-Grenville told this House that he did not like workers having a chance to be a part of the changes at the Workers' Compensation Board.

Well, I came from a plant to this House to represent all the people from my riding, including the workers. I hope that I speak for all the members in this House as we make a strong commitment to health and safety in the workplace.

Durham labour council wants 28 April to be an annual day of mourning to remember all Canadians killed, disabled or injured in the workplace and workers afflicted with industrial disease. The Durham Regional Labour Council will begin its march at 10:30 am Sunday at the United Steelworkers hall at 115 Albert Street in Oshawa. They will march to city hall, where there will be one minute of silence, the flag will be lowered and the official ceremony will take place.

I am proud to have been part of the labour movement in Ontario. I am proud to be here today to honour the men and women who have been killed, injured or disabled while in the workplace.

CHILDREN'S AID SOCIETY OF YORK REGION

Mr Beer: On 24 April, 12 members of the York Region Children's Aid Society resigned. Effectively, this community-run agency will no longer carry out its operating mandate, to protect the children and support the families of York region.

This dramatic decision was taken in direct response to inadequate government funding. The York Region Children's Aid Society has refused to take responsibility for the funding decisions taken by the Minister of Community and Social Services. York region is the lowest-funded CAS in the province on a per capita and a per child basis, yet it serves the fifth-largest population base in Ontario. This year the minister has allocated $900,000 less than the York region CAS needs to meet its obligations to children.

Children's aid societies are in a unique position in this province. They are mandated to investigate allegations of abuse and to protect our children when necessary. These are functions that they are required by provincial statute to carry out.

The minister's inaction has sent a message to children's aid societies across the province, some 46 of which are forecasting a deficit this year. She has shown that she does not place value on their work.

Earlier this week we heard that the impasse in funding for Metro child care had been resolved because the minister said she would consider the actual cost of providing child care services in Metro when calculating funding.

The children's aid societies ask for nothing more than the same treatment. It is time the minister placed some importance on their work and recognized the actual cost of providing child welfare services in Ontario and funded societies to that level. The place to begin is York region.

POLICE SERVICES

Mr J. Wilson: My statement is directed to the Solicitor General. On 27 March, during the early hours of the morning, Village Pharmacy in the village of Creemore was burglarized and a large quantity of narcotics was stolen. Three weeks later, on 18 April, a similar burglary occurred at roughly the same time and at the same pharmacy in Creemore.

Much to his shock and dismay, the owner of the pharmacy, John Smart, was told that there was no 24-hour police coverage for the village. Through no fault of their own, members of the Stayner OPP detachment, which polices the village of Creemore, go off duty and go on call for a three-hour period.

Not only is the Solicitor General aware of this policing shortfall, but so are the criminals in the area, who are making their rounds regularly after officers go off duty. Because the town of Stayner and the village of Creemore represent the gateway to the four-season Georgian Triangle tourist area, the amount of traffic in this district is tremendous and the need for a fully staffed police force is acute.

Residents in the Stayner-Creemore area deserve full value for their tax dollars, and this does not translate into part-time policing. The Ontario government must move quickly to reestablish effective deterrents for our policing system. What is in place to deter crime when budget and staffing shortages force the OPP to cut policing forces, resulting in criminals running wild the moment the officers go off duty?

I want the Solicitor General to address this staffing deficiency and send a clear message to victimized residents in my riding that Ontario's police forces are on duty 24 hours a day. My constituents and the people of rural Ontario deserve nothing less.

RECYCLING

Mr Drainville: I am pleased to announce that two organizations in the riding of Victoria-Haliburton have been recognized for their outstanding efforts in reducing the amount of garbage reaching our ever-expanding dumps.

It seems to me that the key to the success of their efforts is to think of waste materials as goods ready to be reused and not as garbage. If we as individuals and organizations start thinking and acting like these award winners, then the garbage crisis will become a thing of the past.

John's Cartage Ltd of Lindsay was selected as an outstanding recycling program operator. The recycling operations only started in 1988, but since then it has moved forward by expanding and automating its operation even in tough economic times.

Winning the outstanding community under 20,000 is the town of Lindsay. This town has achieved an incredible 27.2% waste diversion in its blue box program alone. In addition, there is the Student Action for Recycling program in area schools and the pickups of fine paper and corrugated cardboard from local businesses. Mixed plastics, tires, batteries and scrap metal are separated out for recycling. Composters are provided for backyards, and leaves and Christmas trees are collected for composting and shredding.

I am proud of my community of Lindsay and the two awards that have been given, both to the town of Lindsay and to John's Cartage.

CONSERVATION

Mr Ramsay: We have every reason to expect that the budget may severely handicap a very important initiative for private land habitat conservation.

The Conservation Land Act, also known as the "untaxing nature program," was introduced on 14 December 1987. It provides tax relief to owners of valuable natural habitat, such as wetlands, areas of natural and scientific interest and nonrevenue-producing conservation authority lands.

This act and its funding program were universally applauded by every group with an interest in natural habitat protection in this province. Organizations such as the Federation of Ontario Naturalists, the Conservation Council of Ontario, conservation authorities, the Ontario Federation of Anglers and Hunters, the Sierra Club, Pollution Probe, and municipalities, individual farmers, birders, hunters and other concerned citizens saw this as a most positive initiative. This even included the Minister of Natural Resources in his role as critic.

We expect there might be some reduction in this rebate program, and consequently less incentive to protect these important pieces of Ontario's natural heritage will exist.

Clearly, the benefits of this program far outweigh the costs, and tampering with this program is not environmentally friendly. Any cuts to this program would be unwise and would serve as a clear indication of the desperation of this government and its lack of commitment to conservation and habitat protection.

Don't do it, Floyd.

TAXATION

Mr Stockwell: We have received hundreds and hundreds of faxes from our Fax Floyd campaign, and I am sure --

Interjections.

Mr Stockwell: Obviously it has the inmates slightly excited. I am sure they would like to hear some of the interesting comments that the constituents of Ontario have made to our Treasurer:

"Balance the budget, don't use the recession as an excuse."

"I'm fed up with working for the government."

"The NDP government should listen to the taxpayers."

"Please, no more taxes."

"It has to stop. We can't pay any more."

"Leaving Ontario, due to high taxes."

"Fed up with the permanent job losses."

"Also ticked off with nutty fringe appointments."

"I'd strongly advise your workers and unionists to stop or you'll end up with no business in this province and the workers won't earn enough to pay their union dues."

"Enough is enough! Can't you feel it's out of control? Slow down and put your house in order."

"The Ontario government must cut its own spending drastically, even if this means layoffs."

"Government must also become far more efficient. Unless absolutely necessary, programs must be slashed. Taxes cannot increase."

"It's difficult to stretch retirement dollars any further."

"Rae has already shown himself to be just like Peterson. Quite a feat in only 6 months."

"You're perhaps even worse than those dreaded Libs."

EARTH DAY

Mr G. Wilson: Although Earth Day was well recognized in this House on Monday, I would like to acknowledge the efforts made in my riding to mark the day, but second, I wish to remind members that the quest for environmental sanity is a continuing campaign. We must remember that the 1990s have been called the decade for the environment.

Participants in the week-long Earth Day activities in my riding came from all sectors of the community, including business, developmental, labour, educational and political.

But perhaps the highlight of this year's celebration was the introduction of the Earth Day/Everyday Home Audit. This questionnaire will be distributed to enough households in Kingston to provide a model for similar-sized communities across Canada in their attempts to be more environmentally responsible. This project is the initiative of Sandra Beattie, co-ordinator of Earth Day Kingston.

The Earth Day/Everyday Home Audit was developed by environmental experts to help each of us reduce our personal impact on the environment. It is designed to enable Earth Day Canada to chart our progress and to deliver the tangible results our individual environmental actions create. When the audit is returned to Earth Day Canada, it will assess your household's position in the environmental spectrum. Based on this assessment, Earth Day Canada will give usable information on simple ways to reduce your environmental impact without any radical changes in your lifestyle. The program will help save money while it helps preserve Canada's natural resources.

Everyone makes a difference. By including all our citizens in environmental awareness programs, we will build the support for the social changes we must make to save our planet.

VISITORS

The Speaker: Members may wish to welcome to our gallery and to our chamber this afternoon the federal member for Renfrew-Nipissing-Pembroke, Ontario, Len Hopkins, and his wife.

I would also like to ask all members of the assembly to recognize in the Speaker's gallery today the second vice-president of the Supreme Council of the Republic of Latvia, Andrejs Krastins. Please join me in welcoming our special guests.

STUDENT NEWSPAPER

ARTICLE

Mr Hayes: Mr Speaker, I rise on a point of privilege to bring a matter to the attention of this House. Earlier today I received a disturbing piece of correspondence. It was a takeoff of the Globe and Mail drafted to mock the government.

As members of the government, we are prepared to listen to the opposition's questions and demands daily, as we should. However, I do not condone what would appear to be a sad attempt at humour by a member of the Liberal Party. The mock

article went beyond poking fun at a few honourable members. No, it made a sexist reference to a female member of our cabinet. I will not read out the member's name, Mr Speaker, but I will give you some information.

The

article referred to her as the minister in charge of state censorship and it portrayed her in a stereotypical light at a time when all members of the Legislature are trying to make progress with regard to sexism. It described her as using a red polka-dot handkerchief to wash "the puddles of tears running down her lightly tanned face." The mock story goes on to attribute fairly graphic quotes to the member. Out of respect for this House and the member, I will not recite those quotes.

I am not suggesting that the member for Mississauga West wrote this

article and I will not accuse him of distributing it. I will say, though, that stapled to the

article was a compliments card supplied to us by the Legislative Assembly. That being the case, I would, if the member for Mississauga West had any involvement in this tasteless prank -- this is a sexist piece of work. Public funds have been misused as well. We may all have our philosophical differences, but I would like to believe we share a common respect for this House and its members. I would like to believe that a member of this House played no

part in distributing such material.

The Speaker: I appreciate the matter raised by the member for Essex-Kent. I draw to his attention that it has been the practice in this chamber for some time that when there are concerns with respect to other members of the assembly, those concerns are brought to our attention when the member is present. However, the member is now here. I am not sure if he was privy to the information presented. If he was, he is entitled to respond.

Mr Mahoney: I just heard it on television. The

article the gentleman is referring to is a copy of the University of Western Ontario newspaper. It was certainly not written by me. It was written by the University of Western Ontario and distributed. I have a son who goes there who sent me a copy and said, "You might think this is funny." I thought it was. I thought the member might. They are certainly not my remarks. It is written and edited by that university.

The Speaker: Point of order. Is this on the same matter?

Mr Sutherland: Yes, it is. If I could just clarify, Mr Speaker, this paper is not written by the University of Western Ontario; it is an April fool's edition put out by the student newspaper at the University of Western Ontario.

The Speaker: Thank you for helping to clarify the matter. I do not believe it is a matter of privilege, but I certainly will be most pleased to take a look at it if the member would be kind enough to send the document to the table.

Mr White: Mr Speaker, on that same matter, the member opposite stated very clearly where that

article came from. However, he did not state how his card came to be attached to it and how it came to be circulated at the expense of our government.

The Speaker: The matter has been dealt with. In fact, members may realize this is something which happened outside of the House.

Hon Miss Martel: Mr Speaker, I would like to ask for unanimous consent of the House for statements with respect to the day of mourning.

Agreed to.

DAY OF MOURNING

Hon Mr Mackenzie: I rise today to announce to all members of the House that 28 April 1991 has been proclaimed the official day of mourning in this province. We urge that everyone in Ontario take a moment on that day to mourn the loss of workers who have died on the job or through occupational-related illness.

Today we all wear black armbands to recognize these senseless deaths. This observance is more than symbolic. Every year in this province there are hundreds killed and tens of thousands injured through the course of their working lives, and for years in this House and elsewhere, I have expressed my outrage and anger at the sacrifices made by Ontario workers.

In proclaiming 28 April the day of mourning, I want to make sure we recognize the contributions of these workers and honour their memory. I also want to ensure that the day of mourning serves as a spur to action, a catalyst to make sure that we continue to work towards improving workplace health and safety.

This government is committed to workplace health and safety. We are committed to ensuring that the workers who have died on the job, and there were 205 of them last year, did not die in vain, and that these fatality figures do not reflect the true toll taken by occupational disease, which is estimated to be as high as 6,000 Ontario workers each year -- 205 lives, 6,000 lives. We are all acutely aware that we are talking about more than numbers. We need to comfort their families, co-workers and friends and assure them that we will do everything in our power to prevent any further waste of life.

The Occupational Health and Safety Act now calls for equal participation from workers and employers to work together to improve health and safety. We are committed to this shared effort and are determined to make it work effectively. This should instil a sense of equality and common purpose between labour and management when it comes to health and safety.

It is really simple logic. Why should an employee not have a say over matters that can result in injury or death? Is there any job so important that a worker has to risk his or her life? Why do some companies not hesitate to halt production if products are defective, but balk at stopping production when workers' lives are in jeopardy? Who is better equipped to know of the hazards of the shop floor than the workers who spend a good part of their waking hours on that shop floor? Have we reached a point in this province where products, deadlines and money are more important than the health and safety of people? For all our sakes, I hope not.

The black armbands I and all of my fellow members wear today are a signal that we intend to fight to ensure that workers are guaranteed the right to a safe and healthy environment; and to those who have lost family, friends and co-workers as a result of workplace accidents, these armbands are our way of saying that their loss is neither in vain nor forgotten.

Mr Offer: As the House will be aware, the federal government recently passed into law a bill proclaiming 28 April of each year as a day of mourning for persons killed or injured in the workplace. This worthy bill was supported by all parties in the House of Commons and the Senate. The date of 28 April was chosen by the Canadian Labour Congress five years ago to mark the date upon which the first workers' safety legislation was passed in Canada, and that was passed by the Ontario Legislature in the year 1914.

Ontario has a history of leading the way to protect its workers, but we must continue. We must continue to enhance the protection of workers in the workplace. Worker fatalities average a total of over 200 a year in Ontario. Even one work-related death is too many. Hundreds of thousands more workers are injured each year.

Efforts must be expanded in the area of worker and employer education. We must continue to fight to eliminate dangerous substances and chemicals-related injuries by ensuring that employers and workers are aware of safer, less dangerous alternatives and we must encourage them to use them. We can improve on our efforts to educate workers and employers about other potential hazards in the workplace by developing innovative methods of education which do not rely solely on the written word.

This is an important day. This is an important moment, a moment where we reflect on those who have lost their lives in the workplace and a moment where we reflect upon those who have been injured in the workplace, and we collectively commit ourselves to making certain that efforts continue and are enhanced in terms of safety in the workplace.

Mrs Witmer: I am proud to rise today, on behalf of my colleagues in the Progressive Conservative caucus, to join the members from the other two parties in expressing this House's genuine respect and concern for all the working men and women in this province and our recognition of the many workers who have lost their lives or have been seriously injured through workplace accidents or industrial diseases.

On Sunday 28 April, as has been mentioned, workers throughout this province will be joining together to honour their colleagues who have lost their lives or who were injured in the performance of their jobs. It will be a day of mourning and a time to remember. Only if we take the time to remember those men and women whose lives were so tragically cut short through accidents and disease which occurred in the workplace can we ensure that as legislators we will remain dedicated to the task of reducing the risk of future deaths and injuries.

As we mourn the men and women who have died and been injured, each one of us should reflect on the work that has been done by our predecessors in the establishment of the workers' compensation system, the passage of the Occupational Health and Safety Act and the other measures which this Legislature has taken over the years in an attempt to minimize the risk of death or injury to workers. However, although much has been done, there is much, much more that must be done in the future.

Today, workers face a variety of job-related injuries that our predecessors would never have imagined. It is our task to provide as safe a workplace as possible. The workers' compensation system, which is over 75 years old, is in need of fundamental reform, and our occupational health and safety laws must be kept up to date and relevant to the changing nature of the workplace.

As we observe this day of mourning to remember and to honour those who have died or those who have been seriously injured and we remember their families, let us, in this House, together with management and with labour, renew our commitment to work together co-operatively to protect all the men and the women in this province from serious injury and death in the future.

The Speaker: I would invite all members and indeed our visitors today to stand and bow our heads in a moment of silence.

The House observed one minute's silence.

VISITOR

The Speaker: Please be seated. Before continuing, I would like the members to welcome a former member who served in this Legislature for three decades, Harry Worton, the MPP for Wellington South, seated way up there in the public gallery.

STATEMENTS BY THE MINISTRY

TRUCKING INDUSTRY

Hon Mr Philip: One of the most difficult duties as Minister of Transportation has been to meet with hardworking people who are losing their incomes, their homes and their means of earning a living. These people are representatives of Ontario trucking organizations, trucking companies and individual truckers who, through no fault of their own, are facing the destruction of their industry as a result of the combination of unwise federal and former provincial government policies and the recession.

Ontario truckers are angry and frustrated. They have been waiting far too long for government action, and I am now in a position to begin taking action to address their needs and concerns.

Our government is committed to rebuilding the trucking industry in Ontario. Many of the economic problems confronting the trucking industry stem from federal fiscal and monetary policies, policies which are not only beyond our control but which hamper our ability to assist the trucking industry. Issues such as deregulation, high interest rates, fiscal policies, and enforcement of customs and immigration matters have all taken their toll on the industry. I will continue to bring our concerns to the attention of our federal counterpart.

During these past months, I have done my best to listen and respond to this troubled industry on issues which are within the jurisdiction of my ministry. Today, I am pleased to announce a package of initiatives aimed at stabilizing the Ontario trucking industry.

The trucking industry today simply has too many truckers for too little work. The situation is getting worse every day as more truckers enter the business. In response to this oversupply of services, effective immediately I am proposing a moratorium on the issuing of any new carrier licences to operate within Ontario. This moratorium will be in effect for up to two years or until the longer-term solutions are devised and implemented. This limitation of licences will help to curtail the decline of the industry and will provide my ministry with time and opportunity to address further measures which can be taken in future to promote the viability of the industry.

As well, we will register and require bonding for Ontario-based load brokers. Too often, truckers pay the price of failures and unfair business practices within the brokerage sector of the industry. Registering and bonding load brokers who make their living contracting freight shipments will help protect truckers from economic hardship.

It is crucial to remember that regardless of the assistance our government can provide, the Ontario trucking industry must be in a position to compete. A viable Ontario trucking industry has a vast economic impact for our province. It is an extremely important link in the manufacturing and service component of our economy.

We will continue to work with the trucking companies, with the owner-operators, with labour groups and users of trucking services to increase productivity through the improvement of business and management skills. We will extend this to include possible technological and legislative changes to enhance the ability of our truckers to haul freight more effectively.

We are responding to issues facing the industry. Provincial actions to date include increasing enforcement measures to ensure that US- and Ontario-based truckers comply equally with existing regulations. The Ontario government has implemented a fine of more than $300 for violations of fuel tax laws and we have laid more than 2,000 charges since I became minister. We have placed increased emphasis on highway enforcement, with special attention to inspection stations, particularly those near border points. And we have completed 40 audits of American trucking companies since last summer to ensure that all carriers operating within Ontario comply with our regulations.

I recognize that these initiatives will not by themselves solve the dire problems facing the Ontario trucking industry. Among the most serious of industry problems are the transborder policies of deregulation and free trade which make it almost impossible for Ontario truckers to compete fairly with their American counterparts.

The federal government simply must re-examine its policies as they affect the Ontario trucking industry. We recently experienced a very tangible manifestation of truckers' anger and frustration in border blockades. In failing to assist truckers, the federal government is in effect jeopardizing the Ontario-based trucking industry and the provincial economy.

In my ministry, we are in the midst of an intensive transborder competitiveness study which will give us a clearer indication of future directions. This government cannot shelter the trucking industry from the current economic turndown and we cannot protect the industry from federal actions, but we are taking significant steps. I call on my federal counterpart to do the same.

We can and we will work with the Ontario trucking industry and restore it as a strong, viable component of Ontario's economy.

ALCOHOL AND DRUG TREATMENT

Hon Mr Farnan: As minister responsible for the provincial anti-drug strategy, I was pleased to launch a new service today that will bring immediate help to people who have problems and concerns about drug and alcohol abuse. Called the Drug Helpline, this new telephone distress service will contribute to our long-term goal of making Ontario a healthy, drug-free province.

The Drug Helpline is an innovative new service funded and co-ordinated by the provincial anti-drug secretariat. It has been done with a great deal of help from the distress centres in five Ontario communities. The helpline is accessible to all people in Ontario at all hours of the day and night, seven days a week.

It is important to note that the Drug Helpline is staffed by experienced and dedicated volunteers, people who have extensive training. Volunteers also learn where they can refer callers wanting to know about local treatment and referral services, all of which have been co-ordinated by the anti-drug secretariat.

The Drug Helpline will provide many different kinds of services to Ontario residents concerned either about their own problems with substance abuse or about problems friends or family members may be having. Callers to the Drug Helpline can receive basic information about drugs a