Newfoundland and Labrador Hansard — Members' Statements — 20 November 2006 (45th General Assembly, 3rd Session, Vol. XLV No. 26)
2006-11-20
Newfoundland and Labrador — Debates (Hansard)
November 20, 2006 HOUSE OF ASSEMBLY
PROCEEDINGS Vol. XLV No. 26
The House met at 1:30 p.m.
MR. SPEAKER (Hodder): Order, please!
Admit strangers.
I extend a welcome to all members back to the House of Assembly for the fall
session, but before we proceed with routine proceedings I would like to observe
an old parliamentary tradition. I have the pleasant task of formally introducing
a member who was elected in the by-election held on November 1, 2006. She is Ms
Lorraine Michael in the District of Signal Hill-Quidi Vidi. I have been advised
by the Clerk of the House of Assembly that Ms Michael has made her affirmation
of allegiance to the Crown as required by the Constitution and has signed the
Members' Roll. The member shall now proceed to the front of the House of
Assembly.
CLERK (Mr. Mackenzie): Mr. Speaker, I have the honour to present Ms
Lorraine Michael, the Member for Signal Hill-Quidi Vidi, who claims her right to
take her seat.
MR. SPEAKER: Ms Michael, welcome to the House of Assembly, and let the
member take her seat in this House.
MS MICHAEL: Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: This afternoon, as well, we have another new face in our
House. He sits at the Table at the center of the Chamber. He is Mr. William
MacKenzie. We offer congratulations and best wishes to Mr. William MacKenzie,
the new Clerk of the House of Assembly and Secretary of the Commission of
Internal Economy.
Mr. MacKenzie has served a number of executive positions in the civil
service, including Acting Deputy Minister in the Department of Innovation, Trade
and Rural Development, and Assistant Deputy Minister in the Department of
Government Services.
We welcome Mr. MacKenzie to his position and we wish him well.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: This afternoon, as well, we are pleased to welcome some
special guests in the Speaker's gallery. One face is somewhat familiar to us.
A pleasant welcome to Mr. Jack Harris, and for the first time since I have been
here I can call a member by his name. Welcome to him, the former Member for
Signal Hill-Quidi Vidi.
Greg Malone, White Malone, Nancy Riche and Suzanne Sarioglu. Welcome to our
House.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: I am also pleased to welcome two new Pages to our House. Mr.
Geoffrey Blackwood is a graduate of Lester B. Pearson Memorial High School in
Wesleyville and is currently a student at Memorial University. Welcome,
Geoffrey.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: We also have Mr. Michael Young. Michael is from St. John's
and is a graduate of Prince of Wales Collegiate. He is enrolled in third-year
studies in political science at Memorial. Welcome, Michael.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: We are also pleased to welcome back Matthew Sheppard and
Shannon Tobin.
I am also pleased to advise the House that Mr. Calvin Lake has been appointed
Chief Legislative Counsel to the House of Assembly. The former Clerk occupied
both positions. In the future, Mr. Calvin Lake will be the Chief Legislative
Counsel to the House.
Before we proceed further in the agenda for this afternoon, I would be remiss
if I did not mention the passing of two valued employees since we last met in
this House.
On November 6, Kathleen St. Croix was a victim of a tragic vehicle accident
while on her way to work in our offices, in the Hansard office. Kay was a most
delightful individual, a wonderful employee, and a lady who brought sunshine
into our lives every day with her great sense of humour.
On November 7, Beverley Harnum passed after a brief but valiant struggle with
cancer. Beverley worked as the political assistant to the Member for St. Barbe,
the Member for Windsor-Springdale and, lastly, for the Minister of
Intergovernmental Affairs. Beverley was one of those individuals who touched our
lives in many positive ways. She will be missed by all those who were fortunate
enough to meet her. We send to her family, and the family of Kay St. Croix, our
deepest condolences.
Statements by Members
MR. SPEAKER: This afternoon we have members' statements as follows: the
hon. the Member for the District of Cartwright- L'Anse au Clair; the hon. the
Member for the District of Windsor-Springdale; the hon. the Member for the
District of Port de Grave; the hon. the Member for the District of Topsail; the
hon. the Member for the District of Signal Hill-Quidi Vidi; and the hon. the
Member for the District of St. John's North.
The Chair recognizes the hon. the Member for the District of Cartwright-L'Anse
au Clair.
MS JONES: Thank you, Mr. Speaker.
I rise today to remember a fallen marine, Leading Seaman Travis Pye, a native
of the southeastern Labrador community of St. Lewis and crewman on the HMCS
St. John's .
Travis joined the Navy in August, 2003, through the Canadian Forces
recruiting group in Corner Brook. After completing two years of training at the
Canadian Forces Naval Engineering School in St. John's, he began his career as
a Marine Engineering Technician and was promoted to Leading Seaman in September,
2005. Subsequently, he joined the HMCS St. John's , having already
served on the HMCS Ville de Quebec and the HMCS Fredericton .
Travis was buried with full military honors in St. John's on November 13,
2006. His family and friends were joined by military personnel, including our
veterans.
Mr. Speaker, Travis was a young seaman who had committed himself to a great
country and a great Province. He showed his courage by stepping up to the plate
and being prepared to make the ultimate sacrifice for Canada.
His sister described him as an outgoing and adventurous person. His comrades
described him as very dependable, with a great sense of humour.
Travis has been laid to rest in the Field of Honour in Mount Pleasant
Cemetery. He will be sadly missed by both his Labrador family, his military
family, and his many friends.
Mr. Speaker, I ask all members of this House to join with me in expressing
our condolences to his father Roy, his mother Catherine, his sister Vanessa,
brothers Markus and Matthew, and other family and friends.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for Windsor-Springdale.
MR. HUNTER: Mr. Speaker and fellow hon. Members of the House of Assembly,
I rise in this hon. House today with great pride to congratulate the Town of
Springdale for receiving the Newfoundland and Labrador Federation of
Municipalities Torngat Municipal Achievement Award.
This award is symbolic of Springdale's efforts in economic development in
the past years. Mayor Kevin Pollard stated that the hard work and dedication of
all staff and councillors working as a team has brought this development to
Springdale.
In October of 1999 the Town of Springdale was able to hire Todd Mercer as
their Economic Development Officer. I have had the pleasure of working with Todd
over the past seven years, and I have to say he is definitely an asset to the
Town of Springdale. His excitement and enthusiasm for the development of
Springdale is unmatched. Since being hired, there is a company from Texas, two
new franchises, new grocery stores, a $3 million seniors' complex, a private
seniors' cottage development, and also a four star inn on the banks of Indian
River, and many more are on the horizon.
I would ask that all hon. members rise with me today and congratulate the
Town of Springdale on their success.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Port de Grave.
SOME HON. MEMBERS: Hear, hear!
MR. BUTLER: Mr. Speaker, I am pleased to rise today to congratulate Craig
Sharpe of Upper Island Cove on his momentous achievement in the recent Canadian
Idol contest. Craig was runner-up to Eva Avila.
On the last night of the competition, more than half the town turned out to
cheer for their idol. The Upper Island Cove Recreation Centre was filled to
capacity, with standing room only. The excitement that had been building all
summer was evident in the hall. It was quite an experience to see such support
and excitement for this young man who captured the hearts of all Newfoundlanders
and Labradorians as well as Canadians throughout this country.
Mr. Speaker, Craig's proud grandparents, Susie and Graham Lynch and
Marjorie and Edward Sharpe, took
part in the celebrations. His parents, Calvin
and Linda Sharpe, along with his sister and brother, were in Toronto for the
sixteen-year-old singer's finale.
Mr. Speaker, four of the Canadian Idol finalists who made it to the top five
over the last four years were Newfoundlanders, three from Conception Bay North
and, believe it or not, two from the Town of Upper Island Cove.
Mr. Speaker, as Newfoundlanders and Labradorians we are extremely proud of
Craig's accomplishment, and I ask all members of this House to join me in
congratulating Craig Sharpe, our Canadian Idol. We wish him the very best on his
future singing career.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Topsail.
SOME HON. MEMBERS: Hear, hear!
MS E. MARSHALL: Thank you, Mr. Speaker.
I rise in this House today to congratulate Mr. Mike Tobin, a resident of
Conception Bay South and Vice-Principal at Roncali Elementary School.
Mr. Tobin was one of 200 teachers selected world wide by the Honeywell
sponsored prestigious Space Academy for Educators Program; designed to help
teachers inspire and evoke student interest in math, science, engineering and
technology.
Two hundred teachers, including Mike, were given a fully paid scholarship to
attend the United States Space & Rocket Center in Huntsville, Alabama this
past June.
The intensive curriculum focused on space exploration, math and technology,
in addition to receiving some real life astronaut training.
Mike was also one of four teachers given "The Right Stuff Award"
for his leadership and team building skills. With this award, Mike received an
additional scholarship from Honeywell sending either a teacher or student from
his school to attend a one week program at the U.S. Space & Rocket Center
next summer. Mike has told me that the Space Educator program at the U.S. Space
& Rocket Center was an experience of a lifetime, in which he learned new
teaching tools that will benefit the learning of all his students and hopefully
spark some greater interest in the areas of science and technology.
Mr. Speaker, I ask all members of this hon. House to join me in
congratulating Mike Tobin on this significant achievement.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
SOME HON. MEMBERS: Hear, hear!
MS MICHAEL: Thank you, Mr. Speaker.
I am very pleased today to rise and pay tribute to the Canadian Union of
Postal Workers Family and Child Care Connections on its tenth anniversary which
was celebrated on November 3.
Family and Child Care Connections is a wonderful community-based, not for
profit family resource centre which provides programs and services designed to
support community children, their families, members of the Canadian Union of
Postal Workers and child care providers.
The concept of an agency to connect families with trained registered family
child care providers is unique in the Province. Family and Child Care
Connections are committed to offering leadership in early childhood development
and care and the training of child care providers.
Over the ten years that they have been in existence, they have served 1,200
families and 1,500 children in the St. John's and surrounding areas.
Currently, they have thirty family child care providers registered with them.
I ask all members of the House to join with me in congratulating Lynn Smyth
and staff, and the Canadian Union of Postal Workers, on ten years of leadership
and service in the community.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Before I recognize the next member, I apologize for omitting
the name of Helen Murphy among those guests who are in the Speaker's gallery
this afternoon attending because of the special day for the Member for Signal
Hill-Quidi Vidi.
The Chair recognizes the Member for St. John's North.
SOME HON. MEMBERS: Hear, hear!
MR. RIDGLEY: Mr. Speaker, today I want to congratulate John Lamkin who,
earlier this year, was selected by St. John's Parks and Recreation to receive
the Building Healthy Communities award. This award is given to individuals whose
volunteer efforts make an outstanding contribution to improving their community;
anyone who knows John will understand that the award is richly deserved.
John Lamkin has had a life filled with performing services for others. He has
been volunteering with the Rabbittown Tenants' Association for twenty-three
years. Over the years, John has organized and taken
part in many community
functions, such as Canada Day Celebrations, the Winter Carnival and Family Fun
Day. In short, he is one of the pillars at Rabbittown.
In addition, John has found time to volunteer with # 93, NLCC Fort Pepperell
for the past eleven years, the last two years as Commanding Officer. He has
spent eighteen years as a volunteer with Scouts and eight years as band officer
with the 514 Air Cadet Squadron.
Mr. Speaker, John Lamkin is a shining example of a person who has dedicated
himself unselfishly to helping other people. I ask all members of the House to
join me in recognizing and congratulating Mr. Lamkin on having been selected for
the Building Healthy Communities award.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Statements by Ministers.
Statements by Ministers
MR. SPEAKER: The hon. the Premier.
SOME HON. MEMBERS: Hear, hear!
PREMIER WILLIAMS: Thank you, Mr. Speaker.
Mr. Speaker, this week marks National Addictions Awareness Week and I rise
today to express our government's commitment to increasing addictions
awareness.
In conjunction with National Addictions Week, I was pleased today, as the
Chair of the Council of the Federation, to launch a national awareness campaign
on crystal meth and other addictive drugs. This campaign includes local and
national newspaper ads, on-line banner ads and Web sites which provide important
information to teens and their parents, including warning signs and physical
effects of crystal meth and other addictive drugs.
The Council of the Federation first discussed this issue at our 2005 summer
meeting at the request of Premier Calvert of Saskatchewan. During the 2006
summer meeting held here in St. John's, the premiers reaffirmed our commitment
to raising awareness of the serious harmful effects of addictive drugs in
Canada.
Mr. Speaker, the Government of Newfoundland and Labrador is pleased to join
all of Canada's provinces and territories in participating in this campaign.
Our government has been an advocate of preventing drug use and other addictive
behaviour, and we have made significant investments to help those who suffer
from drug, alcohol and gambling addictions.
Our government created an OxyContin Task Force, we funded the establishment
of a badly-needed new methadone clinic, and we implemented a VLT Reduction
Strategy to immediately reduce the number of VLTs in the Province.
Mr. Speaker, in Budget 2006, we invested $1 million in new funding for
primary prevention and treatment of addictions, including nine additional
counsellors. Earlier this month, I joined with several others in turning sod on
the new addictions treatment centre in Corner Brook, another investment by our
government of over $1 million. As well, our provincial "Get Up On It"
campaign aims to prevent addictions among our Province's youth by encouraging
them to learn the real facts and to make smart personal choices.
These are just some of the many, many initiatives this government has
undertaken to address the social issues facing the people of our Province. We
have demonstrated time and time again our commitment to help those who need help
most, and we will continue to do so.
Mr. Speaker, I encourage all residents of the Province, especially students,
teachers and parents, to visit the campaign Web sites at www.GetTheFactsOnDrugs.ca
and www.TalkingWithYourKids.ca ,
along with our own Web site www.GetUpOnIt.ca ,
to get the information they need to ensure we combat drug use and its
devastating effects.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
I would like to make a few comments, of course, with regard to National
Addictions Awareness Week. I think that any time the provincial government can
be involved in a campaign that is out there to educate our children and society
in general about the effects of drugs and alcohol in society it is important,
and I am pleased to see that they are a part of this national campaign.
Mr. Speaker, it goes as no secret to any of us the seriousness of drug abuse
in our society, not just on the streets but it is in our schools, it is in our
play yards and it is in our homes. Mr. Speaker, it is important that government
take whatever action is necessary to eradicate drug abuse in our society. I
think that their efforts thus far have been a testament to their ability and
their interest in tackling this issue, but it does not go far enough. I think
that the recent stories in the past few months about the methadone clinics and
the lineups and the wait lists of patients who are waiting for methadone
treatment in itself is a testament that we need to do more. We need to do more
to counteract this particular problem and to ensure that people who want the
help get the help, to ensure that the children in our schools are educated and
they know what the impacts and the implications are.
So, Mr. Speaker, for our
part in it, any time the provincial government can
play a role to allocate money to be a part of an awareness campaign, we are
certainly all for it and will do whatever it takes to support it.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Labrador West.
MR. R. COLLINS: Thank you, Mr. Speaker.
I thank the Premier for an advance copy of his statement.
We, too, Mr. Speaker, applaud government's efforts in any way that they may
decide to help tackle the problem of drug abuse in our Province. All too much we
hear on the news about different crimes that have been committed related to drug
use in the Province, and addictions. The new centre in Corner Brook, Mr.
Speaker, will certainly be welcomed in this Province as we go forward in a new
era of treating persons with addictions.
With regard to the VLT reduction numbers in the Province, I wonder at some
point in the near future if government would give us an update, Mr. Speaker, as
to the number of VLTs that were in the Province prior to the reduction strategy
as to what is in the Province today. I think we would welcome to hear those
numbers.
I would also like to take -
MR. SPEAKER: Order, please!
The member's allotted time has expired.
AN HON. MEMBER: (Inaudible), Mr. Speaker.
MR. SPEAKER: Does the member have leave?
AN HON. MEMBER: By leave.
MR. SPEAKER: Leave has been granted.
MR. R. COLLINS: The other thing I would just like to mention quickly, Mr.
Speaker, is that, while government's ads on television and radio are very well
put together, I must say we have other agencies like the ALC who have their ads
out showing many happy people winning millions of dollars but, at the same time,
when the ad is over, Mr. Speaker, a number for anyone with problems to call
comes up on the screen. After watching it twenty-five or thirty times, I have
yet to see it on the screen long enough to be able to read and find out what the
number is.
Thank you.
MR. SPEAKER: Further statements by ministers?
The hon. the Minister of Education.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, I rise today to inform my colleagues that this
Tuesday and Wednesday over 100 community stakeholders and government partners of
the Violence Prevention Initiative will gather in St. John's.
This is the first time that partners of the Violence Prevention Initiative
have come together and reflects one of the commitments made this year in the new
Violence Prevention Initiative Action Plan 2006-2012.
The theme of this meeting is: Building Capacity in our Communities. It will
include community volunteers, police officers, members of the regional
coordinating committees and representatives from youth and seniors' groups.
Participants will learn how to raise awareness of violence prevention, how to
engage people in their communities, and how to use research to educate the
public.
Mr. Speaker, communities and government must work together to provide
services to those in violent situations and to spread the message that violence
is unacceptable.
With the horrific event in Bay d'Espoir, it is clear that much work is
still needed to combat violence. This week's meeting will strengthen
community-government partnerships, and ensure that all partners are equipped
with the information they need to create real change in our Province.
This government is investing $7.2 million over the next six years because we
want to see a dramatic impact on violence prevention and public awareness.
A critical component of this is getting our message to our young people,
which is one of the goals of the Safe and Caring Schools Policy. This is an
extremely important document. Every student in this Province deserves to attend
a peaceful school and to know they are safe from violence. They must learn from
an early age that any form of bullying or aggression simply will not be
tolerated.
Clearly, creating peaceful schools requires proactive programming, effective
partnerships, and the dedication of students, teachers and parents alike. It
also requires hard work, but all students deserve to learn and grow safely.
Government is also acting on its commitment to create a violence prevention
marketing campaign that will raise awareness about violence prevention with as
many people in our Province as possible. This campaign will be launched in the
near future.
People across our Province have long been working to combat violence. As you
can see, Mr. Speaker, this government is determined to work with community
groups to reduce violence. I would encourage everyone here today to spread the
message in your districts that violence is unacceptable.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
I want to certainly make a few comments with regard to this initiative.
Violence prevention initiatives in our society today are desperately needed. I
think that we have to remain committed to our goal of a violence-free society,
where everyone, including women and children, feel safe.
We all know that violence has a grave impact on society in general. I think
we only have to look at the tragic incidents in Bay d'Espoir a few weeks ago,
and in Hermitage just back a few months ago, where we had a murder-suicide in
those communities, tragically shaking the Province, Mr. Speaker, because the
reality of it hits home to us, that domestic violence is out there. It is in the
homes of people around our Province, and it is not a private issue, Mr. Speaker,
it is a public issue. It is an issue that has to be dealt with in the public
realm, and therefore we have a responsibility to not just deal with those things
that might exist outside of the doorways of our houses but those things that
exist within the families of the people of this Province.
Mr. Speaker, we also have to look at the roots of violence. Violence in our
society is caused through many different facets and it is impacted by many
different things, whether it be drug abuse, whether it be financial stress,
whether it be poverty, whether it be depression, whether it be the economic
situation that we find ourselves in. All of these things collectively affect
violence in our society, and if government is ever going to appropriately deal
with the violence that exists it has to deal with the roots of violence as well.
That means counteracting things like poverty in our society, the financial
stresses and burdens that people have, the drug addictions that are out there,
ensuring that people have access to proper mental health services when they need
it and so on, because all of these things have an impact.
Mr. Speaker, I just want to say in -
MR. SPEAKER: Order, please!
The hon. member's time has expired.
MS JONES: Just a minute to clue up, Mr. Speaker?
MR. SPEAKER: Has leave been granted?
AN HON. MEMBER: Yes.
MR. SPEAKER: Leave is granted.
MS JONES: The fact that this particular forum is bringing together
volunteers is a positive sign, because you have to remember, it is the
volunteers in our society who first started the real advocacy for violence out
there and to be able to have programs that were channelled towards violence;
people like the women's groups, like women's shelters, like counsellors,
like churches. These people, Mr. Speaker, are the ones who are on the front
lines dealing with these situations every day and could no doubt provide the
best directions for government in terms of where they should be investing in
initiatives like this.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
MS MICHAEL: Thank you, Mr. Speaker.
I too want to speak to what has been put forward today by the Minister
Responsible for the Status of Women. Obviously, I am very pleased with the steps
that are being taken through the Violence Prevention Initiative. I also echo
what my colleague has just said as well, however I would like to speak to
something else.
While we have to prevent violence, violence is still going on. I think part
of the prevention initiative is also dealing more forthrightly and strongly with
creating safe places for women who are currently in violent situations. That is
a message as well to the community, that is part of the message to those who are
violating, that is part of the message to all of society, that women should not
be in violent situations.
MR. SPEAKER: Order, please!
The hon. member's time has expired.
Does the member have leave?
AN HON. MEMBER: By leave.
MR. SPEAKER: Leave is granted.
MS MICHAEL: Thank you, Mr. Speaker.
I will make is very short. Therefore, I say that we have to have more
resources going into safe places for women. Very few of our communities are safe
for women - the urban centres, a small number of rural areas - we need safety
for women all over this Province and I encourage the minister and the government
to think about putting more resources into safe places for women.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Further statements by ministers?
The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Thank you, Mr. Speaker.
I rise in this House to recognize today as National Child Day. The theme of
this year's National Child Day is The right to be heard , as recognized
by the United Nations Convention on the Rights of the Child. Not only is it a
child's right to have a voice in matters that affect them, but providing
children with the opportunity to express themselves helps children to learn and
to communicate effectively.
It is fitting that this day of recognition coincides as well, Mr. Speaker,
with our Provincial Child and Youth Advocacy Week, which runs from November
19-25. The Office of the Child and Youth Advocate ensures that the voices of our
Province's children are heard so that responsible decisions are made on their
behalf. Our government is committed to working in partnership with the Child and
Youth Advocate to ensure that the needs of our children are, in fact, met.
Mr. Speaker, children are amongst the most vulnerable members of our society
and we all have a responsibility to protect and nurture them. National Child Day
serves as a reminder of the importance of guarding the rights of children and
providing them with a safe and appropriate environment for their healthy
development.
Mr. Speaker, government is committed to the health and well-being of the
children of Newfoundland and Labrador. To better meet the needs of our children,
our government has made several strategic investments during the past year. Our
new Early Learning and Child Care Plan sets out several initiatives to support
quality care and learning experiences that will yield lifelong benefits.
Specifically, the plan contains initiatives to: make child care more affordable
for families; it supports training and other measures to attract more people
into the field of child care; it also increases the number of spaces in rural
and under serviced areas of the Province; it supports the inclusion of children
with special needs; it improves the quality and developmental opportunities for
children as well.
Additionally, Mr. Speaker, our Provincial Wellness Plan sets out strategies
that support healthy living to improve the health and well-being of the children
of Newfoundland and Labrador.
Mr. Speaker, in keeping with our government's commitment to improve the
health of our Province's children, government invested $4.1 million this year
to improve the children's dental health plan. The increased contribution by
government has removed the financial burden carried by parents for dental
services, benefitting approximately 67,000 children in this Province.
Mr. Speaker, I encourage residents to participate in local events across our
Province celebrating National Child Day. I also ask my colleagues to wear a blue
ribbon to mark this special day. Join with me, I ask my colleagues, and show
your support for the most precious and the most important resource in
Newfoundland and Labrador - our children.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
Mr. Speaker, children need advocates, and I think we all understand that in
society, someone to stand up for them, someone to stand up for their rights and
for what they believe in. I think today, on National Child Day, we have seen
that from the parents of Paradise Elementary when they stood on the steps of
Confederation Building, Mr. Speaker, standing up for good schools, clean
schools, healthy, safe schools, for the children of this Province, Mr. Speaker,
and for the children of their community.
SOME HON. MEMBERS: Hear, hear!
MS JONES: To me, that is the kind of child care representation that we
need in this Province.
I was absolutely saddened, Mr. Speaker, in the spring, when the federal
government, under the National Child Care Program, decided to cut millions of
dollars in child care in this Province and all across the country, but the
government opposite, Mr. Speaker, did not stand up for child care benefits for
the children of this Province at that time, because they were going to pick
their battles and this was not one of the battles that they were going to pick.
Mr. Speaker, on a day like this, this is the kind of time that there is a
real testament to whether you believe in the rights and support the rights and
support the benefits of children throughout Newfoundland and Labrador.
I say to the government opposite: Do the right thing, stand up for child care
benefits, stand up for healthy and safe schools for our children in this
Province, and put your money where your mouth is.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Labrador West.
MR. R. COLLINS: Thank you, Mr. Speaker.
I thank the minister for a copy of his statement.
I want to say to the minister that we agree completely that providing
children with safe and appropriate environments for healthy development, and
supporting the inclusion of children with special needs, and improving quality
and developmental opportunities for children are quite important.
I do not normally do this, Mr. Speaker, but I will use an individual case to
illustrate some of the problems that we have in the Province today. It is
addressed, To Whom It May Concern, which, Mr. Speaker, should be all of us.
I am writing this letter to let you know what is happening to me. I was born
without the use of my legs so I depend on a wheelchair to get where I want to
go. The only time I get to be with my friends is when I am at school. Last week
the wheelchair lift broke once again so I spent the day in the Principal's
office; not because I did anything wrong but because I had no way to get
upstairs. About eight months ago my mom and I put my story in the local...
MR. SPEAKER: Order, please!
The hon. member's time has expired.
Does the member have leave?
AN HON. MEMBER: By leave.
MR. SPEAKER: Leave is granted.
MR. R. COLLINS: ...newspaper hoping we could get a new lift because this
one keeps breaking down. The staff at the school help me get up the stairs at
the school by lifting me, but it took so long to get fixed that they told me
they couldn't do it any longer. I can't get to my home room to be with my
classmates. I have no way to get to the library or gym, or even eat my dinner
with all the other kids in the lunch room. The wheelchair lift is so old that
they can't buy the parts, they have to make them. I would like to have a new
lift so that I can have the same opportunities as any other child my own age.
How would you like it if you had to get someone to lift you to get you where you
want to go? I will have many challenges in my life but my education shouldn't
be one of them.
I would like to point out, Mr. Speaker - and I spoke with the appropriate
ministers at the time - that in 2004 this lift was broken for four months, in
2005 it was broken for two, it broke earlier this year and now it is broken
again. I ask both ministers to get together, talk to the school board officials
and, on behalf of Joshua Day who is eleven years old attending J.R. Smallwood in
Wabush, get this problem fixed once and for all by the installation of a new
chairlift.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Further statements by ministers?
Oral Questions.
Oral Questions
MR. SPEAKER: The hon. the Leader of the Opposition.
SOME HON. MEMBERS: Hear, hear!
MR. REID: Thank you.
Mr. Speaker, three weeks ago we all witnessed something that stirred all of
our hearts and will continue to have an impact or an affect on us for some time
to come. What I am referring to is the more than 9,000 people who lined up on
Kenmount Road to search for employment outside of our Province. This was a
symbol that demonstrated to us, and most in the Province, the failure of this
government and this Premier to make good on promises and commitments to provide
new economic opportunities and employment for our people.
I ask the Premier, Mr. Speaker: Are there any plans to curb out-migration, or
are you and your government satisfied with the status quo, the exodus of our
people?
MR. SPEAKER: The hon. the Premier.
SOME HON. MEMBERS: Hear, hear!
PREMIER WILLIAMS: Thank you, Mr. Speaker.
I appreciate the hon. member's question. I mean the facts are, quite
simply, that right now unemployment in our Province is the lowest that it has
been in fifteen years. We have not gone out and heralded that because we
continue to put our heads down and try and work and create jobs. I did not like
to see the lineup any more than anybody else did. I was completely surprised by
it, but the fact is - and everybody knows it - that there is a huge draw in
Alberta right now because of high wages. In fact, 12,000 people left Atlantic
Canada this year and it was virtually equal between Nova Scotia, New Brunswick,
and Newfoundland and Labrador. About 4,000 people left from every province. So,
it is not a phenomena that is unique to Newfoundland and Labrador. In fact, the
total that came from the Atlantic provinces was only 5 per cent, about 30 per
cent came from Ontario. This is happening, it is a fact of life, it is not
something I like, it is not something we like, it is not something the people of
Newfoundland and Labrador like, but people are going to go down - if they are
attracted by a $100,000-plus salary and a chance to make it, they are going to
go down and they are going to make inquiries.
The truth of the matter is: How many people were actually hired as a result
of that job fair, and how many people went down out of curiosity? That is not to
say that this government is not working diligently to create employment in this
Province.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
I think the Premier misses the point. He talks about the employment rate
going up in our Province or the unemployment rate going down. The reason for
that is obvious, everybody is leaving.
Mr. Speaker, over 9,000 people stood in line wanting to leave this Province
for the lack of opportunity. It appears that they will be forced to join in with
some 15,000 others who left here last year. Meanwhile, the Premier is content to
allow mills to close, fish plants to close and remain idle, and the oil and gas
workers taking off to search for new opportunities elsewhere because he killed
the Hebron-Ben Nevis deal. It appears that the Premier has no problem doing
business deals that will help his business associates and friends.
I ask the Premier: When will your priority change from finding opportunities
for your friends to finding opportunities for other average Newfoundlanders and
Labradorians?
MR. SPEAKER: The hon. the Premier.
SOME HON. MEMBERS: Hear, hear!
PREMIER WILLIAMS: That is why that will be the effective Opposition down
there. Those two people who sit in those seats will be the effective Opposition.
SOME HON. MEMBERS: Hear, hear!
PREMIER WILLIAMS: That is why you will be the ineffective Opposition. It
is quite obvious.
Now, Mr. Speaker, we will continue doing what we are doing. What we are doing
is creating jobs and employment. If the Leader will just sit back for a minute
and listen to some of the things that we have been doing; We just invested $10
million with Cooke Aquaculture, an investment they had no problem with. It was a
New Brunswick company but they had no concern with that, but they have a problem
with the Persona contract. That will create 170 jobs. We will be putting $10
million into an Aquaculture Working Capital Loan Guarantee, that will create a
total of 350 new jobs in the aquaculture sector. I am sure the hon. Member for
Fortune will not have any problem with that. You will not have a problem with
that under any circumstances, neither will Grand Bank, Fortune, because we are
creating jobs on the South Coast.
As well, Mr. Speaker, we have spent $280 million this year on infrastructure.
Now that has created 3,360 person years of employment in this Province. That is
on roads, and that is on hospitals, and that is on schools.
SOME HON. MEMBERS: Hear, hear!
PREMIER WILLIAMS: Those are jobs, Mr. Speaker, in rural Newfoundland and
Labrador, and the hon. member has a problem with that. We have also spent, Mr.
Speaker -
MR. SPEAKER: Order, please!
I would ask members if they could keep their questions and their responses to
about a minute.
I recognize the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
Mr. Speaker, now that we are talking about this government looking after its
friends, I would like to ask some questions about the $15 million that the
Premier gave to these close friends and business associates a couple of weeks
ago.
I will direct my question to the Minister of Innovation, Trade and Rural
Development, because, as he stated, the Premier was not part of that decision to
give his friends the money. Then again the Premier stated it was his decision to
remove the proposal from the agenda twice, on two different occasions.
Would the minister please explain whether the Premier was or was not part of
the decision-making process, and who is telling the correct story here?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, as the Leader of the Opposition might know, the Premier gets a
briefing book every day before Cabinet, the same as his Premier would have
gotten. I guess he did anyway. Although, given some of the decisions that they
took, perhaps he was never briefed on some of the things that went on in the
Province.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: However, Mr. Speaker, our Premier gets a briefing book every
day. He looks at what is in the briefing book. Was he part of the Cabinet
decision on the Persona deal? No, Mr. Speaker. I can say, categorically, he was
not. He removed himself from the Cabinet room on a number of occasions and when
the decision was taken, Mr. Speaker, the Premier was not involved in the
decision and was not a party to that decision and was informed of the decision
after the fact. Furthermore, there was a letter from the Chief of Staff in the
Premier's Office to the then Minister of Innovation, Trade and Rural
Development - sometime last fall I believe it was - saying that this issue was
on the go, that all further inquires will be directed to the Minister of
Innovation, Trade and Rural Development, and the department and the Premier's
office would not be involved.
MR. SPEAKER: Order, please!
The Chair recognizes the Leader of the Opposition.
SOME HON. MEMBERS: Hear, hear!
MR. REID: Thank you, Mr. Speaker.
The minister continues to confuse, I think, the general population every time
he stands to speak.
Mr. Speaker, the Premier stated during a television, or two television
interviews last week, that he killed the deal twice himself, personally, because
it could not pass the smell test. I ask the minister to give the dates when this
proposal first was rejected and explain what has happened since these meetings
that would have improved the smell or at least covered up some of the odor?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, I cannot give the exact dates because I am not sure, but I
believe one was either late June or early July. The other, Mr. Speaker, was
either late July or early August. I am not sure of the exact times but it was
probably about a month apart.
Mr. Speaker, what we tried to do was when the proposal came forward we went
to solicit further advice on whether or not this was a good deal. We have
solicited advice from EWA-Canada who, Mr. Speaker, I can say has a lot more
knowledge about the information technology industry in Canada than the Leader of
the Opposition will ever have.
AN HON. MEMBER: (Inaudible).
MR. TAYLOR: Or me, I agree, Mr. Speaker.
That is why we went out, see. That is why we went out, because we acknowledge
that we did not have all of the knowledge to make the decision, Mr. Speaker.
That is why we went outside. That is why we approached Memorial University. That
is why we approached the College of the North Atlantic. That is why we
approached the Newfoundland & Labrador Association of Technology Industries.
That is why I talked to Industry Canada, to solicit their views on whether this
was a good deal and whether it should be done, and they said yes.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The Chair recognizes the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
We have heard much from this government regarding openness, accountability
and transparency. None of it has any basis, in fact, which we will demonstrate
in the coming weeks in this Legislature; however, I will give the minister an
opportunity to table a copy of the deal and proposals that were discussed that
led to the $15 million going to the Premier's friends and business associates.
Minister, if there is nothing to hide, will you table today this
documentation so that we can all have a look at it?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, I have no problem tabling documents associated with this deal.
As a matter of fact, I brought one here today. I had planned on tabling it under
Tabling of Reports later in the sitting, when you are supposed to do that, Mr.
Speaker, but in the interest of openness, transparency and accountability, here
it is, Mr. Speaker, right now.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Who are these people, Mr. Speaker, and who do they work for?
EWA-Canada Corporate Profile: our clients include the Department of National
Defense Communications Security Establishment, the Canadian Security and
Intelligence Service, the Royal Canadian Mounted Police, Nortel, Bell Canada -
imagine that, Bell Canada is a client of theirs - and many other national,
provincial and regional government, law enforcement, financial, energy,
telecommunications and business organizations. The technical staff is currently
comprised of thirty-two full-time highly qualified electronic engineers, systems
analysts and programer analysts, many with extensive backgrounds in IT systems,
security -
MR. SPEAKER: Order, please!
The Chair recognizes the Leader of the Opposition.
SOME HON. MEMBERS: Hear, hear!
MR. REID: Thank you, Mr. Speaker.
Last week, on an Open Line show, the minister read a Minute-in-Council of a
Cabinet paper that discussed the fibre optic deal.
I ask the minister: Now that you are prepared to table that document will you
indeed, as well, table the Cabinet document to which you referred on the Open
Line show, and every other piece of documentation related to this -
AN HON. MEMBER: And briefing notes.
MR. REID: - and briefing notes related to this deal?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Yes, boy, and we will go and get the financial statements
too.
Mr. Speaker, I will table, without any undue obstruction to the Leader of the
Opposition and anybody in this Province, all the information that I can provide
as it relates to this deal.
Mr. Speaker, there is, obviously, as the Leader of the Opposition would know,
proprietary information sometimes that cannot be released.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. TAYLOR: Never mind, now. I didn't say we were not going to release
anything.
Mr. Speaker, there are obviously some things that, no matter what, cannot be
released; but, Mr. Speaker, we are in the process right now, on some of this,
having it filtered through the ATIP office. Anything that would normally be
released through the Access to Information and Privacy offices, Mr. Speaker, can
be certainly presented in this House and released to anybody in the general
public. Furthermore, Mr. Speaker, as the Premier said last week, we welcome the
Auditor General's review of this file at any time, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: I say to the minister: You might welcome that the Auditor
General look at it, but you already axed the public accounts from holding public
hearings on it, haven't you?
Mr. Speaker, this was an unsolicited proposal from friends and associates of
the Premier. I ask the minister: Who in government was first approached
regarding this deal, and who made the decision that this would not go to public
tender or go out for a Request for Proposals?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
I, in all honesty, could not tell who the initial person contacted was. I
assume it was probably somebody in the Department of Innovation, Trade and Rural
Development, although, if that is able to be found out, I will certainly
endeavor to find it out.
As for who made the decision on whether an RFP or a public tender would be
called or not, that was a Cabinet decision; but, Mr. Speaker, I can say
categorically that it was a Cabinet decision made on advice by me, a Cabinet
decision also that was made on the advice of the committee responsible for the
Canadian Strategic Infrastructure Fund, and the reason we did that, Mr. Speaker
- but it makes no difference, you can say this a million times because it is not
politically expedient for the Leader of the Opposition to hear it, but the fact
of the matter is, Mr. Speaker - we were told once again by EWA-Canada that the
only people who we could reasonably expect to put forward a proposal under a
tender call or a Request for Proposal call were the people who were involved
with this: Rogers, Persona and MTS Allstream. The only other participants that
they could reasonably expect - and it is here in black and white, they might get
a chance to read it if they can, Mr. Speaker - the only thing that -
MR. SPEAKER: Order, please!
The Chair recognizes the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
So, the minister just admitted he did not know who this group approached
first, so it could have been the Premier is what you are saying. They may have
approached the Premier about the deal first, because you do not know who they
approached first.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. REID: Mr. Speaker, over the weekend, in The Telegram
newspaper, Dean MacDonald of Persona stated that this consortium held only four
meetings with government before they were given a $15 million grant by this
government.
I ask the minister: With whom did Mr. MacDonald meet, and when?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Mr. Speaker, it is obvious that it makes no difference what
answers you provide to the Leader of the Opposition. Mr. Speaker, it is obvious
that he is only interested in making a political mockery out of this. That is
all his interest is, Mr. Speaker. He has no interest in knowing that EWA said
the high-level conclusions of the review were, there were no major financial or
technical shortcomings or omissions in the Persona proposal.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. TAYLOR: The overall costs (inaudible) are reasonable and within -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
The Chair is having difficulty hearing the hon. the minister, and the Chair
asks him to continue his response.
MR. TAYLOR: Yes, Mr. Speaker.
The business case provides for a very modest rate of return. The capital
costs assumed by Persona to complete the cross-Gulf connection are consistent
with other similar projects - for example, the Magdalen Islands project - and
with industry norms, an opinion that Persona clearly requires the provincial
funds of $15 million to implement the project.
So, Mr. Speaker -
MR. SPEAKER: Order, please!
The Chair recognizes the Leader of the Opposition.
MR. REID: Mr. Speaker, it is obvious the minister does not know what he
is talking about and he refuses to answer the question.
A simple question: With whom did Mr. MacDonald meet, and when?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Mr. Speaker, I cannot speak to Dean MacDonald's comments in
the paper. I can only say this, Mr. Speaker: I met -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. TAYLOR: Mr. Speaker, would you mind gagging the Leader of the
Opposition so I can answer his question?
MR. SPEAKER: Order, please!
Colleagues, time is scarce and the brevity of questions and answers is
important. The Chair recognizes the minister and asks him to complete his
response.
MR. TAYLOR: You might, Mr. Speaker, gag the Member for the Bay of Islands
while you are at it, too. If he wants to get up and ask a question, I say, Mr.
Speaker, get up and go for it, and when they ask the question stop for a minute
and I will answer it, if they are interested in an answer, which they obviously
are not because they are only interested in making a political football out of
these issues. They are not interested in the fact that this is good for economic
development in Newfoundland and Labrador. They are not interested in the fact
that Memorial University and the College of the North Atlantic have -
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: - commended this as a good deal that will facilitate
increased research here in Newfoundland and Labrador. They have no interest in
the fact that the Newfoundland and Labrador Association of Technology Industries
has again applauded this deal because it serves well the technology industries
in Newfoundland and Labrador and their ability to grow the economy in
Newfoundland and Labrador. They care not that this goes ashore on the Burin
Peninsula -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
In referring to a child who had stopped breathing during a power outage of
October, 2006, and had to be driven to a nearby hospital after calls to 911
failed, the Premier stated in the media - and this was in trying to justify the
fibre optic deal - he said: That alone is a significant, serious situation,
there could have been a loss of life. So anytime you are taking safety and life
loss, that is obviously paramount.
Mr. Speaker, if this is how the Premier truly feels, why is it that
government is not giving paramedics the special consideration that they need to
be given, like other groups have been given in the past, to prevent a serious
situation from occurring in our hospitals?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Thank you, Mr. Speaker.
I am presuming that the member opposite is talking about the EMS, or rural
paramedics, and if that is the case, I can say that we understand the issue of
medical control. In fact, when it comes to -
MS JONES: Pharmacists is what I am talking about, not paramedics -
pharmacists.
MR. T. OSBORNE: You said paramedics.
MS JONES: Pharmacists
MR. T. OSBORNE: Pharmacists.
Mr. Speaker -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. T. OSBORNE: Mr. Speaker, I will allow the member to repeat her
question.
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, you will have to forgive me because, as you know,
both pharmacists and paramedics have very serious issues today that need to be
dealt with.
My question to the minister is with regard to pharmacists. If the government
truly believes in the statement that the Premier made, why is it they are not
putting the money into pharmacists to ensure they stay in the Province, in our
hospitals, and not be leaving?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Thank you, Mr. Speaker.
I do recognize the good work that the hospital pharmacists do. In fact, Mr.
Speaker, we are taking measures and we are working with the regional health
authorities to improve the working environment within the hospitals to allow
hospital pharmacists to do more clinical work, which is really what they want to
do.
When it comes to recruitment, Mr. Speaker - in fact, Labrador has recruited
three pharmacists over the last twelve months. Eastern has recruited three
pharmacists over the last twelve months. So, Mr. Speaker, we have been
recruiting pharmacists. The claims by the Opposition member over the past couple
of months that we have not been able to recruit is not, in fact, factual.
Mr. Speaker, the reality is there was a deal agreed to in the spring. That
deal was ratified by the union during the summer and it was signed in August. It
is very difficult, after a deal is signed by their union, to reopen those
negotiations and to do a one-off deal with a group of people within that union.
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, we are talking about a retention issue in the
pharmacies in our hospitals in this Province, where pharmacists are leaving.
There has been precedence in the Province before where there have been separate
negotiations with members of the Allied Health Professionals in our medical
system.
Why is the minister not prepared to deal with pharmacists in light of the
situation we have today, which is developing into a crisis situation throughout
Newfoundland and Labrador?
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board, and Government House Leader.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
I said publicly last week and I will say it again, and I said it on several
occasions last week, that this government is prepared to sit down with all of
the unions that have employees and members out there working in our system today
where it is hard to recruit or hard to retain people. We are interested in
sitting down and looking at a collective one that would deal with all of these
areas. The unions are willing to do that. I am ready to meet, as the President
of Treasury Board, at any time to look at hard-to-address situations, but we
need the consent. We do not think it is fair for us to do it with one group and
not deal with other issues with other groups. We would like to do it
collectively. We will sit down with all of them. My door is open if they want to
move in that direction.
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, the Minister of Finance likes to pride himself in
dishing out the medicine to the pharmacists in this Province, but I would like
to ask him: Who is going to dish out the medicines and the formulas in our
health care corporation down here on Park Drive when all the pharmacists have
left? With $1 million you could have done a deal with the pharmacists, you
choose not to. You invest $15 million into fibre optics. Minister, you owe
someone an explanation.
MR. SPEAKER: The hon. the Government House Leader.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
This government has not invested one cent in this budget into fibre optics in
this particular deal.
SOME HON. MEMBERS: Oh, oh!
MR. SULLIVAN: What we have done - we did a commitment in 2007-2008, and
2008-2009, to (inaudible) it. What I will say -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
Colleagues, a question has been asked and it is only reasonable that time be
given to the minister to give the response.
MR. SULLIVAN: Thank you, Mr. Speaker.
We gave the courtesy of hearing it, I would like the courtesy of responding
to it, if the member would not mind. If she does not want to do that, put it in
writing and I will mail her a response. Otherwise, Mr. Speaker, we are prepared
- we realize and we understand there are numerous professions in this Province,
medical and otherwise, where it is difficult to recruit people and retain
people. We fully understand that. We signed an agreement on August 21. We are in
the third year of that four-year agreement and we have indicated that we are
prepared to look at hard-to-recruit, hard-to-retain areas. We understand they
provide a valuable service. We fully understand it. We understand the issue but
it is unfair to do it with one group when there are several other groups
knocking on our door. We will deal collectively with all groups and did some
that is fair and represents the people of the Province and not do one-off
agreements.
MR. SPEAKER: Order, please!
The Chair recognizes the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, I do not remember the minister having a problem
doing one-offs with the lab technicians, or X-ray technicians back a few years
ago when it needed to be done in the Province.
My next question is with regard to the paramedics, Mr. Speaker.
AN HON. MEMBER: (Inaudible).
MS JONES: I did not hear the minister voice his opposition to it though.
Mr. Speaker, I would like to ask the minister: The paramedics in this area
have raised a number of issues with regard to the services and the conditions
under which they work. His department, more than six months ago, said they were
going to deal with this issue. Have they dealt with it? By the sounds of it,
they have not. I would like to ask him why he is dragging his heels on it?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Mr. Speaker, we have, in fact, started to deal with this.
Medical control is one of the issues that the EMS operators have raised. In
fact, we are hiring. It has been advertised. I am sure that if the member
opposite was doing her research she would have seen that there are four
positions advertised to deal with the medical control issue. They should be
recruited and hired within the coming months. We will get on with dealing with
the medical control situation.
When it comes to the negotiations, Mr. Speaker, those negotiations are set to
begin - I believe it is tomorrow, and I can confirm that with the Minister of
Finance and Treasury Board, but the negotiations with the EMS operators are
beginning tomorrow afternoon.
MR. SPEAKER: The hon. the Member for Port de Grave.
MR. BUTLER: Mr. Speaker, just this past week a school in our Province was
deemed not fit for children or staff to attend and was closed. In the middle of
this school year Paradise Elementary students, parents and staff are now
experiencing a serious disruption in their lives.
I ask the minister: When can those affected expect a new school to ensure the
current band-aid solution does not become a permanent one?
MR. SPEAKER: The hon. the Minister of Education.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, recently we have been dealing with some air
quality issues at Paradise Elementary School. As the hon. member indicated, we
felt that for the safety reasons of the children, that they should go to
alternate locations until we have the work completed.
Mr. Speaker, we have Occupational Health and Safety involved and we also
consult with the medical officer when we do air quality testing in that area. We
were not told by any of the consultants that we had to close the school;
however, there were recommendations for remedial work that needed to be done and
we felt that in order to get the work done and in order to be able to do it as
quickly as we could, we felt it would be best for the students not to be in the
school at that time.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MS BURKE: Mr. Speaker, the important issue here is the health and safety
of the children and we want to make sure, if there is remedial work that is
required to be done, that it will be done. We also want to be assured that,
before the students go back into that school, we do testing after the work is
done to ensure that it is a safe environment. That is our priority at this time,
Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The Chair recognizes the Member for Signal Hill-Quidi Vidi.
MS MICHAEL: Thank you, Mr. Speaker.
Child care needs continue to be a serious problem in this Province. Having a
child care plan is an essential part of a poverty reduction strategy while at
the same time promoting economic growth. Since the change in the federal
government's commitment to financing a child care plan, the provincial
government has watered down the commitment it made in signing the agreement with
the Martin government in 2005.
In light of the fact that government was quite willing to put $15 million
into an untendered private cable structure without due process, my question is
for the Premier: Will government make child care a priority, as it has in the
case of the fibre optic project, and will it invest in the children and parents
of this Province by creating adequate child care spaces so that more people,
especially women, may receive training and participate in the workforce while
their children enjoy the protection of regulated child care?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Thank you, Mr. Speaker.
I congratulate the Leader of the NDP on her first question.
I will say that we have made child care a priority in this Province. In fact,
on May 24 of this year, Mr. Speaker, we did unveil our Early Learning and Child
Care Plan that was strongly supported by the industry, it was strongly supported
by the association and, in fact, this year, as a result of that plan, Mr.
Speaker, we have created I believe it is 500 new spaces in the Province for
children within early learning and child care centres.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
MS MICHAEL: The government's child care plan has offered a full subsidy
for families up to $25,000. In the case with pharmacare, the subsidy has gone to
families with income of $30,000, and after the $25,000 for child care there is a
sliding scale. What I want to know, Mr. Minister, is: Will government raise the
income level of families eligible for full subsidy to families whose income is
at or below the poverty level?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Mr. Speaker, we will certainly have a look at that
suggestion. We operate within our fiscal means. In this Province, Mr. Speaker,
right now, 46 per cent of every dollar spent in this Province is spent in
health. That includes early learning and child care plans. We have put $62
million on an annualized basis into poverty reduction in this Province.
Mr. Speaker, I am very proud of the Early Learning and Child Care Plan that
we have announced. It has been strongly endorsed by the industry and by the
association. We have had very, very positive remarks back from all involved. We
are doing a number of things within that strategy, including recruiting and
retaining more early learning and child care educators, creating more spaces in
rural areas for children. We have increased the threshold for which people can
qualify for early learning and child care spaces, and we have increased the
threshold of the subsidy that we pay for preschoolers, for infants, as well as
school-aged children -
MR. SPEAKER: Order, please!
The hon. the Member for Signal Hill-Quidi Vidi, time for one brief question.
MS MICHAEL: This has to do with the economic benefits of child care.
In Quebec, the number of young mothers coming off welfare increased by 37 per
cent since Quebec made significant investments in child care over the past ten
years. By removing this barrier to employment, Quebec has also saved money by
recovering 40 per cent of its child care costs in increased tax revenue.
Why would not the government continue investing much greater money in order
to substantially increase child care spaces when there is such a clear economic
benefit to the government for doing so?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: Mr. Speaker, I do not think there is anybody in this
Province who can challenge our poverty reduction plans and the initiatives that
we have laid out, including the Early Learning and Child Care Plan -
SOME HON. MEMBERS: Hear, hear!
MR. T. OSBORNE: - including removing balance billing for dental fees for
children twelve and under, including increasing the allowance for people coming
off social assistance and going into the workforce, including increasing the
threshold for those people who are working, on low incomes, to receive drugs in
this Province, Mr. Speaker.
I think we have done a great deal in this Province to reduce poverty and to
make it easier for people to make the transition from social services to work.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The time allocated for Oral Questions has expired.
Presenting Reports by Standing and Select Committees.
Tabling of Documents.
Tabling of Documents
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
Pursuant to
section 28.4(
e) of the Financial Administration Act, I am tabling
one Order- in-Council for the creation of one new subhead activity of
expenditure for the 2006-2007 fiscal year.
Mr. Speaker, pursuant to
section 26.5(
a) of the Financial Administration Act,
I am tabling twelve Orders-in-Council relating to funding pre-commitments for
the 2007-2008 to the 2014-2015 fiscal year.
Mr. Speaker, pursuant to
section 28.4(
e) of the Financial Administration Act,
I am tabling six special warrants relating to the 2006-2007 fiscal year.
SOME HON. MEMBERS: Oh, oh!
MR. SULLIVAN: No money for plant workers? Don't put money into plant
workers? Don't put money and don't employ people in Newfoundland and
Labrador?
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
This is the time for Tabling of Documents, not for engaging in debate.
Further Tabling of Documents?
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
As the Speaker of the House of Assembly, I am pleased to table the 2005-2006
Annual Report for the Office of The Information and Privacy Commissioner for the
Province of Newfoundland and Labrador.
Notices of Motion.
Notices of Motion
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I give notice that I will move that the House resolve itself into a Committee
of the Whole on Supply to consider certain resolutions relating to the Granting
of Supplementary Supply to Her Majesty.
MR. SPEAKER: The hon. the Minister of Intergovernmental Affairs.
MR. OTTENHEIMER: Thank you, Mr. Speaker.
I give notice that I will ask leave to introduce a bill entitled,
An Act To
Amend The Standard Time Act, Bill 34.
Also, Mr. Speaker, I give notice that I will ask leave to introduce a bill
entitled,
An Act To Amend The Urban And Rural Planning Act 2000, Bill 37.
MR. SPEAKER: The hon. the Opposition House Leader.
MR. PARSONS: Thank you, Mr. Speaker.
Pursuant to Standing Order 63.(3), which deals with giving notice in respect
to private members' motions, I would like to give notice of the following
private member's motion which the Opposition will be debating on Wednesday
coming. It is being advanced by the Leader of the Opposition, the Member for
Twillingate & Fogo, and the motion reads:
WHEREAS $15 million in taxpayers' money has been allocated for a project to
bring two additional fibre optic cables to the Province in a deal which involves
close personal friends and business associates of the Premier without a call for
public tenders or a Request for Proposal; and
WHEREAS many significant concerns have been raised about the lack of
analysis, the role of lobbyists, the disclosure of a benefits analysis, the
exploration of other options, and the procedures followed in allocating this
money; and
WHEREAS the government majority on the Public Accounts Committee did not
support the Auditor General and the Public Accounts Committee carrying out an
investigation into this matter;
BE IT RESOLVED that the House of Assembly now call upon government to appoint
an independent inquiry with broad and expansive terms of reference to
immediately investigate all the details and circumstances of the fibre optic
deal.
MR. SPEAKER: Further notices of motions?
The hon. the Minister of Justice and Attorney General.
MR. T. MARSHALL: Mr. Speaker, I give notice that I will ask leave to
introduce a bill entitled,
An Act To Amend The Notaries Public Act. (Bill 35)
I further give notice that I will ask leave to introduce a bill entitled, An
Act To Revise The Law Respecting The Conduct Of Public Inquiries. (Bill 40)
I give notice that I will ask leave to introduce a bill entitled,
An Act
Respecting The Sale Of Certain Items At A Flea Market. (Bill 38)
Thank you, Mr. Speaker.
MR. SPEAKER: Further notices of motions?
The hon. the Minister of Education.
MS BURKE: Mr. Speaker, I give notice that I will ask leave to introduce a
bill entitled,
An Act To Amend The Private Training Institutions Act. (Bill 44)
MR. SPEAKER: The hon. the Minister of Health and Community Services.
MR. T. OSBORNE: Thank you, Mr. Speaker.
Mr. Speaker, I give notice that I will ask leave to introduce a bill
entitled,
An Act To Establish A Health Research Ethics Authority For The
Province. (Bill 23)
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Minister of Government Services.
MS WHALEN: Mr. Speaker, I give notice that I will ask leave to introduce
a bill entitled,
An Act To Amend The Real Estate Trading Act. (Bill 33)
I also give notice that I will ask leave to introduce a bill entitled,
An Act
To Amend The Vital Stats Act. (Bill 43)
Thank you.
MR. SPEAKER: Further notices of motions?
The hon. the Minister of Environment and Conservation.
MR. JACKMAN: Thank you, Mr. Speaker.
I give notice that I will ask leave to introduce a bill entitled,
An Act To
Amend The Environmental Protection Act No. 2. (Bill 36)
MR. SPEAKER: Further notices of motions?
The Chair recognizes the Minister of Intergovernmental Affairs.
MR. OTTENHEIMER: Thank you, Mr. Speaker.
Two more notices, Mr. Speaker. I give notice that I will ask leave to
introduce a bill entitled,
An Act To Amend The City Of Corner Brook Act And The
City Of Mount Pearl Act. ( Bill 41)
And also, Mr. Speaker, I give notice that I will ask leave to introduce a
bill entitled,
An Act To Amend The Taxation Of Utilities And Cable Television
Companies Act. (Bill 42)
MR. SPEAKER: Further notices of motions?
Answers to Questions for which Notice has been Given.
Petitions.
Petitions
MR. SPEAKER: The hon. the Member for Fortune Bay-Cape la Hune.
MR. LANGDON: Thank you, Mr. Speaker.
I have a petition here from the Community of Ramea, and it says:
WHEREAS since1981 Ramea residents usually enjoy a very reliable
passenger-automobile ferry service for connection to mainland Newfoundland.
Residents depend on this regular scheduled service for medical appointments,
delivery of food, fuel, building supplies et cetera, as well as attracting
tourists to the community, especially during the summer months; and
WHEREAS in May of this year the regular ferry, M.V. Gallipoli was out of
service for refit and was replaced by the M.V. Sound of Islay. This vessel has
had mechanical problems for the whole period and thus has been providing a very
much reduced, unreliable and inadequate service; and
WHEREAS the undersigned are not pleased with the low transportation service
standards being imposed upon them; and
WHEREAS the undersigned understand that the regular ferry must be refitted,
the undersigned request that the replacement vessel be capable of providing a
service of the same standard that was being provided by the regular ferry; and
WHEREUPON the undersigned, your petitioners, humbly pray and call upon the
House of Assembly to assure the residents of Ramea that they can depend on a
standard ferry service at all times throughout the year, as in duty bound your
petitioners will ever pray.
Mr. Speaker, I also would like to say at the beginning of this petition, that
the person who was Chairperson of this particular Ramea committee, Chair of the
transportation committee, is in Toronto as we speak for a double-lung
transplant. We wish him all the best because he is really still working in the
community and does a lot to bring the community issues to the front.
There is no doubt about it, as the petition here says, in 1981, with the
Sound of Islay, it did provide a good service to the community of Ramea and
still does. The people in the community understand that the boat has to go on
refit, like it was this year for a number of weeks, but they did not get good
service from the replacement vessel, the Sound of Islay. It was broken down a
number of times. It was during the very busy schedule, the tourist season, when
this particular thing happened. We had a number of calls from the community
regarding that service. So I would hope that the minister would take this into
consideration when he does the vessel replacement for the Province. Hopefully
the people of Ramea and Grey River, who depend on this service as well, can look
forward to a better service once their regular vessel, the Gallipoli, goes on
refit for mechanical or otherwise refits during the different periods of the
year.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for Grand Falls-Buchans.
MS THISTLE: Thank you, Mr. Speaker.
I think this is the first petition I have ever had from seven year olds, but
anyway, today I have a petition from the Grade 2 class from Woodland Primary in
Grand Falls-Windsor. They are requesting that the name of the Mary March Museum
be changed to the Demasduit Centre of the Founding Peoples.
Now, it is interesting how this came about. Apparently there was a cultural
project in the classroom. The children started to do a bit of research and they
discovered that our museum in Grand Falls-Windsor, called the Mary March Museum,
came about because the Beothuk Indian Demasduit, who had been captured by
name, Mary, and because she was captured in the month of March they added March
as her surname. When the children did this project they thought to themselves:
How unfair! If anybody were to change their names they would not like it, and
they thought the proper thing to do would be to change the name of the museum so
that the injustice could be corrected. So they asked their teacher about it, and
they said: Well, maybe what we will do is we will start a petition. They started
a petition, and today, Mr. Speaker, we have 885 signatures on that petition. It
is interesting that one of the people to sign that petition was our own Gordon
Pinsent. As we know, the Arts and Culture Centre in Grand Falls-Windsor has now
been renamed the Gordon Pinsent Centre for the Arts. That change was made. When
you look at the contribution that the Beothuks and other Aboriginals have made
to Newfoundland and Labrador, it seems like the right thing to do.
You can always rely on children to tell the truth, and when children take it
upon themselves to go ahead and see that a change is made and that an injustice
is corrected, I think it is time for all of us to sit up and listen. I had no
trouble signing this petition. Today, Mr. Speaker, I am presenting it to
government to reconsider and take into account the facts and the evidence that
have come forward, and come forward by children themselves. I think it would be
in the best interest of this government to make that change as soon as possible
so it will be an example that children's views are heard and decisions are
made based on that evidence.
I congratulate Ms Anne Warr and her class, and I would hope that government
would give this great consideration and that a change will be made in the coming
months.
Thank you, Mr. Speaker.
MR. SPEAKER: Further petitions?
Orders of the Day.
Orders of the Day
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
With reference to Orders of the Day, I spoke with the Opposition House Leader
and, of course, with the Member for Signal Hill-Quidi Vidi, to facilitate
getting debate today where there are no bills on the Order Paper. So, with
leave, I would like to do first reading. I spoke with both respective House
Leaders and the Leader of the New Democratic Party. There are six bills, I
circulated them in advance, and there are several others. I would like to give
first reading so we can get them circulated and out today so we can be open for
the debate tomorrow or whatever, the next day, whenever we move them on the
order.
First of all, I would like to move first reading of Bill 23,
An Act To
Establish The Health Research Ethics Authority For The Province.
MR. SPEAKER: Order, please!
The Government House Leader has asked for leave to proceed with this
afternoon's agenda to give first reading to certain bills. Is there agreement?
MR. SPEAKER: The hon. the Opposition House Leader.
MR. PARSONS: Yes, Mr. Speaker, we certainly do give leave. We would like
to see that the House is absolutely productive. We are certainly not here to
waste any time, and whatever is required to keep the agenda moving forward and
to have an open, full and frank debate, we would certainly be consensual to
that.
MR. SPEAKER: The Chair acknowledges that agreement has been reached and
leave has been granted.
The Government House Leader has moved first reading of Bill 23. It is moved
and seconded that the hon. the Minister of Health and Community Services shall
have leave to introduce a bill entitled,
An Act Regarding The Health Research
Ethics Authority For The Province Of Newfoundland and Labrador.
Is it the pleasure of the House that the hon. the Minister of Health and
Community Services shall have leave to introduce the said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
Motion, the hon. the Minister of Health and Community Services to introduce a
bill, "An Act To Establish A Health Research Ethics Authority For The
Province," carried. (Bill 23)
MR. SPEAKER: It is moved and seconded that the said bill, Bill 23,
An Act
To Establish A Health Research Ethics Authority For The Province, shall now be
read a first time.
Is it the pleasure of the House that the said bill be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act To Establish A Health Research Ethics Authority For
The Province. (Bill 23)
MR. SPEAKER: Bill 23 has now been read a first time, when shall the said
bill be read a second time?
MR. SULLIVAN: Now, today.
MR. SPEAKER: Presently.
On motion, Bill 23 read a first time, ordered read a second time presently,
by leave.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Mr. Speaker, I call first reading of Bill 33,
An Act To
Amend The Real Estate Trading Act.
MR. SPEAKER: Bill 33.
It is moved and seconded that the hon. the Minister of Government Services
shall have leave to introduce a bill entitled,
An Act To Amend The Real Estate
Trading Act. (Bill 33)
Is it the pleasure of the House that the hon. the Minister of Government
Services shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Government Services to introduce a bill,
"An Act To Amend The Real Estate Trading Act," carried. (Bill 33)
MR. SPEAKER: It is moved and seconded that the said Bill 33 be now read a
first time.
Is it the pleasure of the House that the said bill be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act To Amend The Real Estate Trading Act. (Bill 33)
MR. SPEAKER: Bill 33,
An Act To Amend The Real Estate Trading Act, has
now been read a first time.
When shall the said bill be read a second time?
MR. SULLIVAN: Presently.
MR. SPEAKER: Presently.
On motion, Bill 33 read a first time, ordered read a second time presently,
by leave.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 34,
An Act To Amend The Standard Time Act.
MR. SPEAKER: It is moved and seconded that the Minister of Municipal
Affairs shall have leave to introduce a bill entitled,
An Act To Amend The
Standard Time Act.
Is it the pleasure of the House that the Minister of Municipal Affairs shall
have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
Motion, the hon. the Minister of Municipal Affairs to introduce a bill,
"An Act To Amend The Standard Time Act," carried. (Bill 34)
MR. SPEAKER: It is moved and seconded the said bill be now read a first
time.
Is it the pleasure of the House that the said bill be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act To Amend The Standard Time Act. (Bill 34)
MR. SPEAKER: Bill 34,
An Act To Amend The Standard Time Act, has now been
read a first time.
When shall the said bill be read a second time?
MR. SULLIVAN: Presently.
MR. SPEAKER: Presently.
On motion, Bill 34 read a first time, ordered read a second time presently,
by leave.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of bill 35,
An Act To Amend The Notaries Public Act.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Justice shall have leave to introduce a bill entitled,
An Act To Amend The
Notaries Public Act. (Bill 35)
Is it the pleasure of the House that the hon. the Minister of Justice and
Attorney General shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Justice and Attorney General to introduce a
bill, "An Act To Amend The Notaries Public Act," carried. ( Bill 35)
MR. SPEAKER: It is moved and seconded that Bill 35,
An Act To Amend The
Notaries Public Act, be now read a first time.
Is it the pleasure of the House that the bill be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act To Amend The Notaries Public Act. ( Bill 35)
MR. SPEAKER: Bill 35,
An Act To Amend the Notaries Public Act, has now
been read a first time.
When shall the said bill be read a second time?
MR. SULLIVAN: Presently.
MR. SPEAKER: Presently.
On motion, Bill 35 read a first time, ordered read a second time presently,
by leave.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 36,
An Act To Amend The Environmental Protection
Act No.2.
MR. SPEAKER: It is moved and seconded that the Minister of Environment
and Conservation shall have leave to introduce a bill entitled,
An Act To Amend
The Environmental Protection Act No. 2.
Is it the pleasure of the House that the hon. the Minister of Environment and
Conservation shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Environment and Conservation to introduce a
bill, "An Act To Amend The Environmental Protection Act No. 2,"
carried. (Bill 36)
MR. SPEAKER: It is moved and seconded that Bill 36,
An Act To Amend The
Environmental Protection Act No. 2, be now read a first time.
Is it the pleasure of the House that the said bill be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act To Amend The Environmental Protection Act No. 2. (
Bill 36)
MR. SPEAKER: Bill 36,
An Act To Amend The Environmental Protection Act No
2. has now been read a first time.
When shall the said bill be read a second time?
MR. SULLIVAN: Presently.
MR. SPEAKER: Presently.
On motion, Bill 36 read a first time, ordered read a second time presently,
by leave.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 37,
An Act To Amend The Urban and Rural Planning
Act, 2000.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Municipal Affairs shall have leave to introduce a bill entitled,
An Act To Amend
The Urban And Rural Planning Act, 2000.
It is the pleasure of the House to adopt the motion that the hon. the
Minister of Municipal Affairs shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye
MR. SPEAKER: All those against, nay'.
The motion is carried.
Motion, the hon. the Minister of Municipal Affairs to introduce a bill,
"An Act To Amend The Urban And Rural Planning Act, 2000," carried. (
Bill 37)
MR. SPEAKER: It is moved and seconded that Bill 37,
An Act To Amend The
Urban And Rural Planning Act, 2000, be now read a first time.
Is it the pleasure of the House to adopt the motion that the bill be now read
a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act To Amend The Urban And Rural Planning Act, 2000. (
Bill 37)
MR. SPEAKER: Bill 37,
An Act To Amend The Urban And Rural Planning Act,
2000, has now been read a first time.
When shall this bill be read a second time?
MR. SULLIVAN: Presently.
MR. SPEAKER: Presently.
On motion, Bill 37 read a first time, ordered read a second time presently,
by leave.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 38,
An Act Respecting The Sale Of Certain Items
At A Flea Market.
MR. SPEAKER: It is moved and seconded the hon. the Minister of Justice
and Attorney General shall have leave to introduce a bill entitled,
An Act
Respecting The Sale Of Certain Items At A Flea Market. (Bill 38)
Is it the pleasure of the House to adopt the motion that the Minister of
Justice and Attorney General shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Justice and Attorney General to introduce a
bill, "An Act Respecting The Sale Of Certain Items At A Flea Market,"
carried. (Bill38)
MR. SPEAKER: It is moved and seconded that the said bill be now read a
first time.
Is it the pleasure of the House to adopt the motion that Bill 38 be now read
a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act Respecting The Sale Of Certain Items At A Flea
Market. (Bill 38)
MR. SPEAKER: Bill 38,
An Act Respecting The Sale Of Certain Items At A
Flea Market has now been read a first time.
When shall this bill be read a second time?
MR. SULLIVAN: On tomorrow.
MR. SPEAKER: On tomorrow.
On motion, Bill 38 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 40,
An Act To Revise The Law Respecting The
Conduct Of Public Inquiries.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Justice and Attorney General shall have leave to introduce a bill entitled, An
Act To Revise The Law Respecting The Conduct Of Public Inquiries. (Bill 40)
Is it the pleasure of the House to adopt the motion that the hon. the
Minister of Justice and Attorney General shall have leave to introduce said
bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
Motion, the hon. the Minister of Justice and Attorney General to introduce a
bill, "An Act To Revise The Law Respecting The Conduct Of Public
Inquires," carried. (Bill 40)
MR. SPEAKER: It is moved and seconded that Bill 40 be now read a first
time.
Is it the pleasure of the House to adopt the motion that Bill 40 be now read
a first time?
MR. SPEAKER: All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act To Revise The Law Respecting The Conduct Of Public
Inquiries. (Bill 40)
MR. SPEAKER: Bill 40,
An Act To Revise The Law Respecting The Conduct Of
Public Inquiries, has now been read a first time.
When shall this bill be read a second time?
MR. SULLIVAN: On tomorrow.
MR. SPEAKER: On tomorrow.
On motion, Bill 40 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 41,
An Act To Amend The City Of Corner Brook Act
And The City Of Mount Pearl Act.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Municipal Affairs shall have leave to introduce a bill entitled,
An Act To Amend
The City Of Corner Brook Act And The City Of Mount Pearl Act. (Bill 41)
Is it the pleasure of the House that the hon. the Minister of Municipal
Affairs shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Municipal Affairs to introduce a bill,
"An Act To Amend The City Of Corner Brook Act And The City Of Mount Pearl
Act," carried. (Bill 41)
MR. SPEAKER: It is moved and seconded that Bill 41 be now read a first
time.
Is it the pleasure of the House to adopt a motion that Bill 41 be now read a
first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act To Amend The City Of Corner Brook Act And The City
Of Mount Pearl Act. (Bill 41)
MR. SPEAKER: Bill 41,
An Act To Amend The City Of Corner Brook Act And
The City Of Mount Pearl Act, has now been read a first time. When shall this
bill be read a second time?
MR. SULLIVAN: On tomorrow.
MR. SPEAKER: On tomorrow.
On motion, Bill 41 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 42,
An Act To Amend The Taxation of Utilities
And Cable Television Companies Act.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Municipal Affairs shall have leave to introduce a bill entitled,
An Act To Amend
The Taxation Of Utilities And Cable Television Companies Act. (Bill 42)
Is it the pleasure of the House that the hon. the Minister of Municipal
Affairs shall have leave to introduce the said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
The motion carried.
Motion, the hon. the Minister of Municipal Affairs to introduce a bill,
"An Act To Amend The Taxation Of Utilities And Cable Television Companies
Act," carried. (Bill 42)
MR. SPEAKER: It is moved and seconded that Bill 42 be now read a first
time.
Is it the pleasure of the House to adopt a motion that Bill 42 be now read a
first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
The motion is carried.
CLERK: A bill,
An Act To Amend The Taxation Of Utilities And Cable
Television Companies Act. (Bill 42)
MR. SPEAKER: Bill 42,
An Act To Amend The Taxation Of Utilities And Cable
Television Companies Act, has now been read a first time. When shall this bill
be read a second time?
MR. SULLIVAN: Tomorrow.
MR. SPEAKER: On tomorrow.
On motion, Bill 42 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 43,
An Act To Amend The Vital Statistics Act.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Government Services shall have leave to introduce a bill entitled,
An Act To
Amend The Vital Statistics Act. (Bill 43)
Is it the pleasure of the House that the hon. Minister of Government Services
shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Government Services to introduce a bill,
"An Act To Amend The Vital Statistics Act," carried. (Bill 43)
MR. SPEAKER: It is moved and seconded that the said bill be now read a
first time.
Is it the pleasure of the House to adopt a motion that Bill 43 be now read a
first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
The motion carried.
CLERK: A bill,
An Act To Amend The Vital Statistics Act. (Bill 43)
MR. SPEAKER: Bill 43,
An Act To Amend The Vital Statistics Act, has now
been read a first time. When shall this bill be read a second time?
MR. SULLIVAN: On tomorrow.
MR. SPEAKER: On tomorrow.
On motion, Bill 43 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I move first reading of Bill 44,
An Act To Amend The Private Training
Institutions Act.
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Education shall have leave to introduce a bill entitled,
An Act To Amend The
Private Training Institutions Act. (Bill 44)
Is it the pleasure of the House to adopt a motion that the hon. the Minister
of Education shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Education to introduce a bill, "An Act
To Amend The Private Training Institutions Act," carried. (Bill 44)
MR. SPEAKER: It is moved and seconded that Bill 44,
An Act To Amend The
Private Training Institutions Act, be now read a first time.
Is it the pleasure of the House to adopt a motion that Bill 44 be read a
first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act To Amend The Private Training Institutions Act.
(Bill 44)
MR. SPEAKER: Bill 44,
An Act To Amend The Private Training Institutions
Act has now been read a first time. When shall the said bill be read a second
time?
MR. SULLIVAN: Tomorrow.
MR. SPEAKER: On tomorrow.
On motion, Bill 44 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Thank you, Mr. Speaker.
I thank the Opposition for their co-operation in getting these bills through
first reading so we can get them circulated and every member can have a copy.
I would now like to, with leave, Mr. Speaker, move second reading of Bill 33,
An Act To Amend The Real Estate Trading Act.
MR. SPEAKER: Unless otherwise noted, the Chair will assume that we do
have leave to move through the various stages this afternoon, so we will not
have to continue to ask leave. I do believe that has been granted.
The hon. the Government House Leader has moved second reading of Bill 33.
It is moved and seconded that Bill 33,
An Act To Amend The Real Estate
Trading Act, be now read a second time.
Motion, second reading of a bill, "An Act To Amend The Real Estate
Trading Act." (Bill 33)
MR. SPEAKER: The hon. the Minister of Government Services.
MS WHALEN: Mr. Speaker, I would like to speak to Bill 33.
The elimination of the Real Estate Foundation is an unnecessary legislative
requirement and provides no consumer protection. It was intended to provide
funding to assist in education of real estate sales people but has not been
effective for that purpose. This is unnecessary red tape for the real estate
industry. Should the industry find it useful to establish such a foundation, it
could do so on a voluntary basis. However, government should not mandate there
be one.
With the elimination of the Foundation, real estate agents will be able to
retain the interest on their trust accounts to go towards the cost of
administering their trust account, including the cost of an audit. The annual
audit provides significant consumer protection.
On windup of the Foundation, the act requires that any funds remaining in the
Foundation will be paid to charities with similar objectives to the Foundation.
This is being amended to provide for a payment to an organization which is
charitable or beneficial to the community in order to provide more flexibility.
This is a part of government's red tape reduction initiative and will result
in the elimination of twenty-four regulatory requirements.
Thank you, Mr. Speaker.
MR. SPEAKER: Further debate at second reading?
The hon. the Opposition House Leader.
MR. PARSONS: Yes, Your Honour, I guess we are moving along here so fast -
the Member for Carbonear-Harbour Grace left to use the washroom for a second,
but he intended to respond here. Since we are all being so co-operative here
today, we would like to request the right that he have an opportunity to do
second reading. He left the room for personal reasons.
MR. SPEAKER: The hon. the Government House Leader.
MR. SULLIVAN: Certainly, Mr. Speaker, we will not rush it. I will just
move on to another one and we can come back to second reading on that bill when
the hon. member gets back.
I would like to move second reading of Bill 35,
An Act To Amend The Notaries
Public Act.
MR. SPEAKER: It is moved and seconded that Bill 35,
An Act To Amend The
Notaries Public Act, be now read a second time.
Motion, second reading of a bill, "An Act To Amend The Notaries Public
Act." (Bill 35)
MR. SPEAKER: The hon. the Minister of Justice and Attorney General.
MR. T. MARSHALL: Thank you, Mr. Speaker.
I am very pleased this afternoon to introduce Bill 35,
An Act To Amend The
Notaries Public Act. This bill allows the automatic revocation of an appointment
as a notary public of a barrister and solicitor who is disbarred or suspended
under the Law Society Act of 1999. Only those barristers and solicitors who are
practicing pursuant to the Law Society Act of 1999 -
MR. JOYCE: (Inaudible).
MR. T. MARSHALL: Mr. Speaker, the hon. the Member for the Bay of Islands
is nattering over there. I think someone should tell him to go drive the fire
truck down in Humber Arm himself.
Only those barristers and solicitors who are practicing pursuant to the Law
Society Act of 1999 and who are suspended or disbarred will be affected.
Mr. Speaker, both the public and the legal profession will benefit from this
amendment, as it addresses the problem associated with suspended or disbarred
lawyers who may be continuing to use their status as a notary public to attempt
to perform the lawful duties as a barrister and solicitor, which could mislead
members of the public and could undermine public confidence in the law
profession.
The Law Society is responsible for governance and supervision of the legal
profession. Its jurisdiction is confined by law to the investigation of the
professional conduct of its members. This conduct is reviewed in accordance with
the standards of ethical practice that are established by the Law Society Act of
1999, by the Law Society Rules and by the Code of Professional Conduct.
Accordingly, no lawyer is disbarred or suspended without first being given the
opportunity to be heard.
By linking the revocation of an appointment of a Notary Public, or an
appointment as a notary public of a barrister and solicitor, there is certain
disciplinary action taken by the Law Society pursuant to the Law Society Act of
1999. The principles of natural justice will prevail and government can be
satisfied that an appropriate investigation is conducted and that the person who
is complained about is given the opportunity to be heard and to make
representation.
In practice, Mr. Speaker, the Law Society of Newfoundland and Labrador will
provide the Justice Minister with official notice that a member has been
disbarred or suspended pursuant to the Law Society Act. Upon receipt of this
notice, the Minister of Justice is required to revoke the status of notary
public pursuant to the act. Written notice is then provided to both the
disbarred or suspended lawyer and the Law Society of Newfoundland and Labrador
confirming that the status has, in fact, been revoked.
The primary concern in designing such a system for the automatic revocation
of appointment of notary public is designing a system which meets with the duty
and procedure of fairness owed to these individuals affected. In the present
context these decision mean a person whose appointment has been revoked is
entitled, at a minimum, to sufficient explanation from the decision-maker as to
why the appointment has been revoked or suspended.
By linking the revocation of appointment as a notary public of a barrister
and solicitor to certain disciplinary actions that are taken by the Law Society
under their legislation, the Law Society Act, the principles of natural justice
and the principles of fairness will prevail.
Prince Edward Island and this Province are the only two common law
jurisdictions which do not have the legislative authority to automatically
revoke the appointment of a notary public held by a barrister and a solicitor
who is disbarred or suspended.
Mr. Speaker, I believe this change will be a positive one. Both the public
and the legal profession will benefit from this amendment as it address the
problems associated with suspended and disbarred lawyers continuing to use their
status as notary public to attempt to perform, or maybe perform, the duties of a
barrister and solicitor, and this could mislead the public and undermine public
confidence in the law profession.
Thank you for this opportunity to discuss the amendment, Mr. Speaker. I would
ask for the support of all hon. members in passing this bill, and I look forward
to the discussion.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. PARSONS: Thank you, Mr. Speaker.
I appreciate an opportunity to have a few words here in second reading of
this bill, the Notaries Public Act, which is being amended. It is not uncommon,
of course, we do it all the time here in the House. That is the whole purpose,
this is the place where laws are made. When
an act is made at one particular
time it does not mean, of course, that circumstances will never change such that
you will never have to amend it. In fact, it is pretty well contemplated in our
system that you always will, at some point in time, be called upon to amend your
legislation because circumstances change. It is a pretty broad opportunity here
in second reading. We are not dealing with the specific details of the
legislation, but it gives us an opportunity to listen to the minister who is
introducing this - in this case it is the Minister of Justice and Attorney
General - who tells us what the basic principle is involved here in this
amendment, why he is bringing it forward, and what he contemplates that it will
achieve.
I am surprised somewhat that we have not heard from the minister here a bit
more explanation because, as I always say, Joe and Jean in the general public
love to know what we are all about here. For example, what is a notary public
versus a Justice of the Peace, versus a Commissioner of Oaths? I think it is
incumbent upon the minister and us here as legislators to make sure that the
general public know what these things are. I mean, the people out in the public
might not know that a notary public is any better than a slice of bread or
whatever, so it is incumbent upon you people. You just cannot keep people in the
dark, as much as you would like to. As much as you would like, as a government,
not to disclose information, as much, as a government, as you would like to look
after your friends and not tell anybody what you did to do that, you cannot do
that. You have to do it. You have to tell people what you are about, as much as
you think that you can rule behind an iron curtain and in the dark.
In fact, I cannot wait until we get to the Standard Time legislation we have
coming up here, because that is a good one. Anything that is going to give the
public of this Province an extra couple of hours a day in the daylight so we can
see and shine a light on what you people are doing is great news. I look forward
to it. We need all the light we can to look at the actions of this government.
The member that covers the area of Clarenville over there asks maybe if I
could explain the difference. Well, I don't mind, I will answer him. I will
take it upon myself to explain to the hon. member what the difference is between
a Justice of the Peace and what a notary public is, and what a Commissioner of
Oaths is. Maybe your minister should have taken time in your caucus briefings to
explain it to you so that you would not be incumbent upon me explaining it. That
tells us something, too, because you people get told only what they want to tell
you, and that has been pretty evident in the last three years. You only ever get
told what a certain person wants you to know, and that is why we have to take
these opportunities here to enlighten you. We have to enlighten you.
Now, just because we consent, by the way, to see that the business of the
House gets moving here, that is a consensual thing, we agree with that, but it
does not mean we have to agree with everything you put out there. We know that
is how you operate, maybe, as a caucus, but that is not how we operate here.
Once you step inside of these confines, you are outside of your caucus. We are
not like Mr. Manning, who gets a silver bullet, or Ms Marshall, who gets the
flick from Cabinet because she says something that your Premier does not agree
with. We all get a chance here to voice our opinions.
Now, the basic understanding, as I have it, and I could be wrong - and I
would appreciate it if the minister who is going to take another opportunity to
explain these things will give us some detail in case I miss anything - it is my
understanding that in this Province, for example, you get called to the Bar as a
lawyer and it has always been an additional tag-on, you become a barrister and
you become a solicitor. That is a process that you go as a result of an
educational process of law school, you go through Bar exams and, at the end of
the day, if you are successful, you get called to the Bar, there is a
swearing-in ceremony and you are admitted as a barrister and a solicitor. You
often see at the end of the lawyer's shingle that they hang out: Barrister,
Solicitor and Notary Public. It has been a custom that lawyers are automatically
given that, to my knowledge. Now, that does not mean that only lawyers can be
notary publics, but traditionally all lawyers are notary publics, but it does
not mean that they are the only ones who can be notary publics.
One of the basic elements of a notary public when it comes to the practice of
law and witnessing documents, for example, has to do with whose authority can do
what. For example, as a barrister, the Minister of Justice or anyone else who is
a lawyer here, for example, myself included, the Premier, the Member for
Lewisporte is a lawyer, for example, they can sign documents. If you are
transferring a piece of land, for example, from A to B, they can witness the
document and they say: Barrister, Newfoundland and Labrador. That is sufficient
to be taken as sort of an affirmation of that person's oath that what they did
makes it valid and it becomes registerable in this Province, but I, for example,
cannot witness a document. If a friend of mine, for example, were selling their
home in Ontario, my notary public status here lets me sign a document that is
going to be registered in some other Province, but I cannot sign for John Doe
who happens to be visiting from Ontario, decides that he is selling his home,
witness it only as a barrister and have it be considered a valid document for
registration back in Ontario. There is a reason why we have these notary
publics, because most of the documents had to do with registration of documents
outside of this jurisdiction.
Now, just so the education can continue here - and I noticed some of you are
perking up an interest, and it is very interesting when people explain things to
you. I noticed you people really perked up over there, and it is nice to see.
Now, I noticed in 5(1), which is being amended here - and I pose these
questions now because it allows the minister an opportunity, when he comes back,
to educate us again, to tell us what this is all about. For example, he says in
section 5(1), that the minister, "...without assigning a reason for doing
so, may revoke the appointment of a notary public." Now that is a pretty
Draconian measure. I am wondering where that came from, and I am wondering what
the reason is. Again, I know that is how this Administration operates. We do
what we want and we tell you nothing and we do not give you a reason for doing
it. But that is not the way society is supposed to work. We are suppose to live
in a democracy, and if you are going to make laws and tell people what they can
or cannot do, there is a reasonable expectation that you tell them why you are
doing it.
Again, we had the very Minister of Justice and Attorney General of this
Province, who is supposed to be the epitome of the democratic principles we live
under, saying: I can withdraw your certification as a notary public and I do not
even have to tell you why. I can revoke the appointment of a notary justice, no
reason given.
I say to the Member for St. John's North: Read it. You obviously have not.
It has nothing to do with whether it has been revoked or not. And the Member for
Mount Pearl too. You people are so used to being led around by the nose that you
do not even read your own legislation.
I pose the question - and I think it is a legitimate question and hopefully
the minister will go off and come back with an explanation. He read his note
that was prepared for him by somebody in the department so quickly, I do not
even think he understood it himself. Now, that is one question I have with this
thing.
The other question - we move on to subsection 2, Minister: "The
appointment of a notary public who is a member of the Law Society of
Newfoundland and Labrador is automatically revoked where the member is suspended
or disbarred under the Law Society Act, 1999." One would think at first
blush that is a pretty reasonable comment. You get it pretty well automatically
because you are a lawyer, because you are a barrister, so therefore if you are
no longer a barrister or solicitor, you would think: Well, it is pretty obvious,
we are going to take back his notary. Again, it is not that simple. I just
wonder what kind of thought went into this. Were there any consultations with
the Law Society? Who brought this forward? I would like to read the submissions
from the Law Society that came forward to the minister saying why they wanted
this done. I would like to see the submissions and have the explanations.
For example, the fact that somebody is suspended - and you note from reading
that section, it says suspended or disbarred - you automatically lose your
notary public. There could be any number of reasons why a person is suspended
from the Law Society. It might have nothing to do with any impropriety. It might
be an impropriety, vis- B -vis
a rule, a regulation that the Law Society set, but it might not be an
impropriety in terms of a person's ability to carry out their official duties
of witnessing a document. Because John Q, a lawyer, is suspended because he did
not pay his Bar fees by January 6, just because he did not comply with that
regulation of the Law Society and they are going to suspend him until he pays
it, why should that impact upon his right to witness a document as a notary
public? Give us the rationale for that. Very, very Draconian here. No
consideration whatsoever as to the nature and the form of the suspension to
justify the removal of a person as a notary public.
The minister read his note so fast, and I would agree - I stand to be
corrected on this one because he read it so fast that I just could not catch it
all. That has something to do with my hearing and nothing to do with his facts.
I appreciate it, but I would appreciate a further explanation as to his
comments. When he talked about the Law Society I thought he said if the Law
Society suspends or disbars you and you automatically end up being taken off the
notary public roll, that the Law Society is then required to give the person an
explanation why they were taken off. Now, I am pretty certain that is what I
heard him say. Based on the assumption that is what he did say, I wonder why the
distinction is being made in 5(1), that if the minister suspends him you do not
have to give a reason but if the Law Society suspends him they have to give a
reason. Why are we talking a double standard here? We are talking about the same
Act. For example, a person is going to lose their notary public certificate, yet
he says: I can do it. Don't ask me why. I am not giving you any reason if I do
not feel like it. You are gone. You are off the roll, out the door. Yet if the
Law Society decides they are going to take it back or whatever, they have to
tell you. We just need some further clarification here.
The other thing I would point out here is, if we are going to be serious,
because I have heard comments by the minister here that we would not want
somebody exercising - I guess you could almost classify it as a quasi judicial
type of function, depending on the significance of the documents that you are
registering. You do not have to be a lawyer to be a notary public. You can apply
for that. There are all kinds of them out there, notary publics who are not
lawyers, but there is some significance to the fact that you are performing an
official act that empowers somebody or helps somebody certify their title to
their land, their registration abilities on a piece of property and so on. That
is some pretty serious stuff. It gives you a lot of rights and privileges to be
able to do that, but by the same token, if you look at the last
section of the
suggested amendment, it says: Even though we do not think you are fit to have it
and even though I am going to suspend it without giving you a reason, if you
continue - and by the way, all these notary publics, you get a seal. You take
the paper and once you sign your name, you take a seal and you seal it. What we
are saying here is, this is important enough to bring to this House to make a
change. We do not think we have to tell you if the minister knocks you off the
(inaudible), but we make everybody else explain it to you.
Even if you continue to flaunt the law and even if you continue, once this is
passed, to act as a notary public and use that seal, look out, we are going to
bring the full extent and force of the law down on you and you are going to pay
a $100 fine. Whoop-de