Newfoundland and Labrador Hansard — Orders of the Day — 2 May 2018 (48th General Assembly, 3rd Session, Vol. XLVIII No. 16)
2018-05-02
Newfoundland and Labrador — Debates (Hansard)
PDF Version
May 2, 2018
HOUSE OF ASSEMBLY PROCEEDINGS
Vol. XLVIII No. 16
The
House met at 10 a.m.
MR. SPEAKER (Trimper):
Order, please!
Admit
strangers.
Orders of the Day
MR. SPEAKER:
The hon. the Government House
Leader.
MR. A. PARSONS:
Mr. Speaker, I call from the
Order Paper, Order 4, second reading of Bill 5.
MR. SPEAKER:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Speaker, I move, seconded
by the Minister of Justice and Public Safety, that Bill 5,
An Act To Amend The
Pension Benefits Act, 1997, be now read a second time.
Mr.
Speaker, I'm pleased to rise today to speak to an amendment to the
Pension Benefits Act, 1997 . Here in
Newfoundland –
MR. SPEAKER:
Standby, sorry.
MS. GAMBIN-WALSH:
Sorry.
MR. SPEAKER:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Speaker, I'm pleased to
rise today to speak to an amendment to the
Pension Benefits Act, 1997 . Here in Newfoundland and Labrador –
MR. SPEAKER:
No, I'm sorry.
MS. GAMBIN-WALSH:
No?
MR. SPEAKER:
I wasn't ready.
It is
moved and seconded that Bill 5,
An Act To Amend The Pension Benefits Act, 1997,
be now read a second time.
Motion,
second reading of a bill, “An Act To Amend The Pension Benefits Act, 1997.”
(Bill 5)
MR. SPEAKER:
The Minister of Service NL.
apologies.
MS. GAMBIN-WALSH:
Here in Newfoundland and
Labrador, and indeed throughout the world, people move through their careers and
have an expectation that a time will come when they will be able to retire. Many
individuals pay into pension plans throughout their work lives. Pensions not
only provide retirees with the financial support they need, but also provide a
benefit to the overall economy.
Pension
plans are highly complex financial vehicles and the pension plan's financial
position is changing constantly due to many factors including the stock market
or interest rates. When there are potential negative impacts to pension plans,
we recognize the effects on those who rely on this income at the end of their
careers. We have seen this unfold throughout our province's history.
As an
example, the former employer at Wabush Mines filed for protection from its
creditors under the federal Companies'
Creditors Arrangement Act impacting the pension plans of retirees and former
workers at the mine. Within hours, Mr. Speaker, of the commencement of our
mandate, this administration made a series of decisions all in the best
interests of those most affected by this difficult position created by the
employer.
Most
recently, however, we were successful in our application to have the
Pension Benefits Act deemed trust
clause upheld by the Newfoundland and Labrador Court of Appeal confirming our
belief that pensioners deserve to be recognized as a priority in creditor
claims. If money is available in the CCAA process, we will work with all
stakeholders to ensure the best possible outcome for the members of the Wabush
Mines pension plans. My department continues to monitor the situation and work
to ensure members' best interests are upheld and the plans are compliant with
the Pension Benefits Act .
Last
year, Mr. Speaker, our government worked with the Corner Brook Pulp and Paper
Limited to develop a solution to secure the future of the company's pension
plans, while allowing the company to focus its financial resources on
maintaining the viability of its operations. Our government worked to protect
the interests of pension plan members. This arrangement helps ensure the
sustainability of the pension plans into the future. This innovative solution
enabled the company to meet its pension funding obligations while allowing it to
focus on meeting its commitments to capital investments and operations under
agreements made in 2014.
I want
to acknowledge the support of my colleagues in the House of Assembly for the
necessary amendments to the Loan and
Guarantee Act, 1957 to facilitate this arrangement.
Mr.
Speaker, Newfoundland and Labrador's pension legislation is among the strongest
in Canada. Provincial laws require all pension contributions to be held in a
separate trust that cannot be accessed by the company or affected by bankruptcy
so as to ensure the money people contribute is safe.
Since
2008, provincial laws prohibit a solvent company from terminating a pension plan
in a deficit without making the required payments to fully fund the benefits
promised to the members. This is known –
MR. SPEAKER:
Sorry.
The hon.
the Member for St. John's East - Quidi Vidi.
MS. MICHAEL:
I may have heard incorrectly,
but I thought the Government House Leader opened up the second reading on Bill
5, the Pension Benefits Act .
Am I
correct? I thought that was the debate he started.
MR. SPEAKER:
It was Order 4, Bill 5.
MS. MICHAEL:
Okay, which is –?
MR. SPEAKER:
Pension Benefits Act,
1997 .
MS. MICHAEL:
With a permanent exemption
from the requirement to fully fund pension benefits on the termination of a
pension plan is very specific. It has no relationship to anything that I'm
hearing the minister talk about. That's why I wanted to get clarification.
MR. SPEAKER:
I would ask the Minister of
Service NL if you have a comment.
You are
addressing Bill 5?
MS. GAMBIN-WALSH:
Yes, Mr. Speaker, I am.
MR. SPEAKER:
Okay, please proceed.
MS. GAMBIN-WALSH:
Since 2008, provincial laws
prohibit a solvent company from terminating a pension plan in a deficit without
making the required payments to fully fund the benefits promised to the members.
This is known as terminal funding.
The
province's Pension Benefits Act
protests pensions earned by workers in the province by legislating minimum
standards for pension benefits and be requiring minimum funding to ensure, to
the extent possible, that the pension promise is met; however, not all pension
plans are based on a typical employer-employee relationship, some are unique
relationships. Small pension plans can be set up by business owners for their
own benefit or for key executives to maximize tax deductible retirement savings,
rather than target a specific benefit level. These types of pension plans are
generally referred to as individual pension plans, or IPPs, as they have only
one or two members in the plan.
The
federal Income Tax A ct recognizes
these unique employer-employee relationships regarding individual pension plans;
however, the provincial Pension Benefits
Act does not. All pension plans registered under the
Pension Benefits Act must also be registered under the
Income Tax Act .
Any
instances where a conflict exists, the
Income Tax Act prevails over the
Pension Benefits Act . The Income Tax
Act recognizes differences between individuals within pension plans and
defines specified individuals as employees earning above a certain threshold,
currently around $140,000 per year, or employees who have connected with the
employer such as shareholders of the company.
Mr.
Speaker, there are three parts to the amendment before the floor of the House of
Assembly today which will address current financial concerns for some employers
that have existing individual pension plans. I also anticipate that these
amendments will make it more beneficial for employers to register new individual
pension plans in this province.
Part one
of the bill proposes two amendments to
section 2 of the
Pension Benefits Act adding a definition for an individual pension
plan, which means a defined benefit pension plan with two or fewer members or
former members where at least one of the members is a specified individual; and,
adding a definition for a specified individual which has the same meaning as in
the federal Income Tax Act Regulations .
These
changes recognize that individual pension plans set up for business owners or
executives are a unique type of pension plan under the
Pension Benefits Act . The
Income Tax Act limits the contributions permitted for these types of plans
while the plan is ongoing to avoid excessive tax deferral or sheltering.
Despite
the requirements under the Pension
Benefits Act to fund the pensions, because of the conflict with the
Income Tax Act the necessary funding
is not permitted while the plan is ongoing. This results in many individual
pension plans developing very large deficits.
When the
plan terminates, the Income Tax Act
limits no longer apply to paragraph 61(2) of the
Pension Benefits Act . It requires that the employer fund the full
benefit promised under the plan. This is known as terminal funding.
Very
often the employer and the employee are in fact the same in an individual
pension plan. This complicates the issue as the employer is required to fund
their own pension even if they would choose otherwise. In some cases, the large
contribution required can negatively impact their business and possibly result
in job losses.
Terminal
funding was not always a requirement under the
Pension Benefits Act . Prior to an amendment in 2008, an employer
could choose to terminally fund or reduce benefits to the level that could be
provided by existing pension fund.
Throughout the early 2000s, due to volatility in financial markets and lower
interest rates, many pension plans had significant deficits. The termination of
plans with deficits and benefit reductions led to a trend across the country
where many jurisdictions introduced full funding on termination.
Individual pension plans established before April 2008 were not designed with
terminal funding in mind. They were designed to maximize tax-sheltered savings.
Terminal funding hampered the ability of the employer and employee to use the
plan as originally intended. Now that some plans have matured and the
individuals are looking to retire, the significant cash flow required to fully
fund the pension is negatively impacting these individuals and their businesses.
Part two
of the bill proposes two additional subsections to be added to
section 61 of the
Pension Benefits Act . Subsection 61(3)
exempts individual pension plans from the terminal funding required under
subsection 61(2). Subsection 61(4) provides an exemption for individual pension
plans that exist on the coming into force, provided that the members of the plan
and their spouses or cohabiting partners who will be beneficiaries of their
pension consent in writing to the exemption from terminal funding.
The
protection of terminal funding would remain if they do not consent. The consent
must include a certificate of independent legal advice to ensure that all
parties are aware of any rights or benefits that may be given up. Any new
individual pension plans created after the legislation is amended will not have
terminal funding as a requirement.
In order
to register a new individual pension plan, the superintendent of pensions will
require clear language in the plan documentation to this effect.
Section 18 of
the Pension Benefits Act provides
authority for the superintendent to require certain information be provided when
registering a pension plan. Such requirements are typically outlined in a
directive issued by the superintendent which is copied to all pension plans and
other interested stakeholders and posted on the Service NL website.
The plan
document must be submitted for approval and the superintendent would review it
to ensure it's in compliance with act regulations and any directives before
approving a new plan for registration. Any amendments to a pension plan must
also be filed and approved by the superintendent. So the same process will be
applied before an amendment is registered.
Directive 1 would be an amendment to require that any new individual pension
plans registered after the bill will come into force on December 31, 2018,
include a statement that the employer is not required to fully fund any deficit
that may exist when the plan is terminated, and that this could result in
reduction of benefits. This would ensure all parties including spouses or
partners are aware of the rights or benefits that will be foregone prior to
entering into an individual pension plan.
The
third part of the bill we are introducing today sets December 31, 2018, as the
date for these changes to come into effect. While the changes we propose today
are not unlike the rules in other jurisdictions, the introduction of an
independent legal advice and consent is unique. It aims to protect those
individuals in existing individual pension plans who want their benefit to be
fully funded. Most jurisdictions provide some form of exemption for pension
plans associated with specified individuals or connected persons.
Mr.
Speaker, the amendments we are debating today only apply to a unique group of
pension plans that are set up for shareholders of companies or very high
earners. I cannot stress that, Mr. Speaker. It is for shareholders of companies
or very high earners. It will not affect any pension plan in the province that
has more than two members or diminish the protection for workers or retirees who
have pension benefits.
adding a definition of individual pension plans along with providing a permanent
exemption from terminal funding for these plans these changes will allow
businesses to provide retirement savings for members without imposing
challenging funding requirements for the employer who can negatively affect the
business operations.
Mr.
Speaker, in The Way Forward our
government committed to better services and better outcomes to promote a
healthy, prosperous province. It is essential that we continue to work with the
business community throughout Newfoundland and Labrador to eliminate barriers to
their operations. Amending legislation to ensure it is meeting the needs of the
people we serve is a responsibility that we take seriously.
As I
stated earlier, the requirements associated with the majority of pension plans
in the province are not affected in any way by these changes which deal with a
small number of individuals; however, they will address current financial
concerns for some employers.
It is
important that we as a government continue to address matters like this one
which help create a better business climate for Newfoundland and Labrador.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the
District of Cape St. Francis.
MR. K. PARSONS:
Thank you very much, Mr.
Speaker.
It is
indeed a privilege to get up here this morning and speak on Bill 5,
An Act to
Amend the Pension Benefits Act.
listened to the minister explain the different changes in the act and why the
act is going to be changed. As a caucus, we have some questions that we do want
to ask when we get into Committee because there is a lot of different
information that I'm sure the minister can provide, but for the general public
out there, pension plans are very, very important. People spend their livelihood
paying into pension plans so they have a future that they can ensure that when
they do come to the part where they can retire, there is a fund in place so that
they can secure their later years in life and know there will be an income for
them and their family.
The
pension plan that we're talking about today is an individual pension plan. So
these are plans that are set up for different – not corporations mainly,
it could be companies, it could be a law firm, it could be a doctor's office or
something like this. And these pension plans are set up for two or fewer people.
So it's not for a company that has a group of employees,
like the minister mentioned about Wabush Mines, but this is completely different
altogether. These are set up for individuals that probably own a company or have
a small business where it could be just two people in that business and they set
up a business plan.
Right now, this particular pension plan that we're talking
about this morning – and this is the reason why we'll have more questions down
the road – there are only 50 of these individual pension plans that are in place
right now. Most of these pension plans came into effect before 2008.
To give you an example – and the minister, I'm sure, will
explain when we do get into Committee – it could be a small company that could
be a construction company that the owner of that company sets up a pension plan
for himself, and it could be a spouse, it could be a minor partner or something
like that. But it's only two individuals that are set up in this pension plan.
Sometimes this is set up for different purposes. It could
be for the actual pension itself, which some do, but it's also set up,
sometimes, for tax relief. That plays a major role in everything too, how people
set this up, because high earners and people have to look and say which way am I
going to pay less taxes. So that's reason why some of these pension plans –
again, it's a very few.
I think the gist of what I'll do, once we get to Committee,
is to dig down some more information and find out what the purpose is, who was
consulted. I know that when we were in our briefing they talked about the board
of trade and different groups that were involved. So I'd like to know what their
role was in this and to find out what the reasons are for doing this.
Again, I understand that it could be important too, for
example, if a company was up for sale , that these pension plans – what they call as windup. So you could wind
up the pension plan so there wouldn't be a huge liability to anybody that wanted
to purchase the company or had to pay this forever and a day until the pension
was over basically.
Mr.
Speaker, I'm not going to talk too much about it, but I think once we get to
Committee I will have lots of questions for the minister. A lot of it will deal
with reasons for this, who was looking for it, why it was done and stuff like
that so we can get a clear – because it's a very limited few that this does
affect.
It would
be interesting to see what happens to those individual pension plans, where they
go forward and what this will do for future individual pension plans also. Will
this mean that there will be a lot more set up or will it mean that – I think
there are only 18, like I said, since 2008 that were actually set up since then.
I will
have lots of questions when we get in Committee. That's all I have to say about
it.
Thank
you.
MR. SPEAKER:
The hon. the Member for
Virginia Waters - Pleasantville.
MR. B. DAVIS:
Mr. Speaker, thanks a lot.
I'm
delighted to speak here today to Bill 5,
An Act To Amend The Pension Benefits
Act, 1997. I've had the opportunity to stand several times in the House of
Assembly to speak to legislative amendments since I became the parliamentary
secretary to the Minister of Service NL. Over that time, and each time, I'm
struck by the far-reaching impacts the department has on the lives of residents
of our province.
I once
said that it touches everyone's lives, from birth to death and everything in
between. The Pension Benefits Act is a
prime example, given that so many of us contribute towards pension benefits with
a goal of reaching retirement somewhere down the road.
As the
Minister of Service NL just stated, the pension funding rules in Newfoundland
and Labrador are some of the strongest in our country. The act protects
pensions, our pensions earned by workers in this province, by legislating
minimum standards for pension benefits and requiring minimum funding to ensure
that these pension promises are met.
In the
case of an individual pension plan, small pension plans are set up by business
owners for their own benefit or for key executives to maximize tax deductible
retirement savings rather than focus on a specific benefit level. They are
example of a pension plan that isn't based on a regular employer-employee
relationship. Rather, it is a plan with two or few members where at least one of
the members is considered a specific individual under the
Income Tax Act , as alluded to by my
colleague across the way.
It is
important to note that the federal Income
Tax Act has special rules that limit the amount of tax deductible
contributions that can be made while such plans are ongoing to avoid excessive
tax deferral or sheltering. This is also important to note that the federal
Income Tax Act recognizes these unique
employee-employer relations while the provincial benefit act does not. Because
of the income tax limits, the minimum funding requirements under the
Pension Benefits Act generally cannot
be met and many of these plans develop large deficits while they are ongoing.
When the
plan terminates, the Income Tax Act
funding restrictions no longer apply and then the
Pension Benefits Act requires the employer to fund the full benefit
promised under the plan.
On plan
termination, it is common for an employer with an individual pension plan to be
caught off guard by a large required contribution that they cannot comfortably
afford without a significant impact to their business. The large contributions
requirements, often hundreds of thousands of dollars, can be detrimental when an
owner is trying to close or sell their business. Very often, the employer and
the employee are the same. This complicates the issue as the employer is
required to fund their own pension even if they would choose to do otherwise.
Mr.
Speaker, terminal funding was not always a requirement under the
Pension Benefits Act . As the Minister
of Service NL indicated prior, a prior amendment in 2008, an employer could
choose to terminally fund or reduce the benefit to the level that could be
provided by the existing pension fund.
Throughout the early 2000s, because of the volatility in the financial markets
and lower interest rates, many pension plans had significant deficits, as we
know with our own provincial pension plans. The termination of plans with
deficits, the benefit reductions related to many jurisdictions introducing full
funding on termination.
Terminal
funding is vital for the security of pension benefits under most types of
pension plans, but in the case of individual pension plans it has hindered the
ability for the employer and the employee to use the pension plan as originally
intended. Now that some of these plans have matured and that the individuals are
looking to retire, the significant cash flow required to fully fund the pension
is negatively impacting these individuals and their business.
Stakeholders have requested that the terminal funding requirements be eliminated
for these plans, arguing it's unnecessary and noting that many other
jurisdictions have recognized the need to exempt these plans from such pension
rules, including funding requirements. In addition, the St. John's Board of
Trade has recently brought forward this issue as the current rules are
considered to be an impediment for businesses trying to sell or restructure
their business.
Providing a permanent exemption from terminal funding would allow individual
pension plans to provide retirement savings for the plan members without
imposing funding requirements which can negatively affect their operations.
While
the Minister of Service NL has spoken to the individual amendments in detail, I
want to highlight some of the important changes that will come into effect the
end of this calendar year. In order to register a new individual pension plan
after this bill would come into force on December 31, 2018, the plan documents
must include a statement that the employer is not required to fully fund any
deficit that may exist in the plan if the plan is terminated that could result
in a reduction in benefits.
This
will ensure all parties, including spouses or co-habiting partners, are fully
aware that the terminal funding is no longer a requirement. If any party has a
concern with the plan, they can opt not to enter into this type of an
arrangement. For existing individual pension plans, members will be required to
seek independent legal advice and provide consent to ensure they are aware of
the rights and benefits that they would be foregoing. The protection of terminal
funding would remain if they do not consent. Now, that's an important piece.
We need
to be clear that this change only applies to the unique group of pension plans
that are set up for shareholders or companies of very high earners and does not
diminish the protection for workers or retirees who have pension benefits
somewhere else. It is also very important that I echo the important message that
the amendments to the Pension Benefits Act
we have brought to the House today will not – and I repeat will not – affect any
pension plans in the province that have more than two members. Mr. Speaker, this
is a very unique group of individuals.
As the
minister stated in her opening remarks, we have many residents in our province
who work throughout their careers with an end goal of retirement. The changes we
are proposing today will not, in anyway, affect the pension plan that are
comprised of more than two members. This is about providing flexibility within
the pension legislation for a very select group of individuals in Newfoundland
and Labrador. This is also about our government making changes that will help
make improvements to the business environment in our province.
Since
2015, we have continuously looked for ways to improve the lives of the people we
serve, trying to deliver better services, which will result in better outcomes.
Bill 5 is one more example of our ongoing efforts in this area.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER (Reid):
The hon. the Member for
Signal Hill - Quidi Vidi.
MS. MICHAEL:
St. John's East - Quidi Vidi,
Mr. Speaker.
MR. SPEAKER:
St. John's East, sorry.
MS. MICHAEL:
Thank you very much.
I'm
happy to stand and speak to Bill 5,
An Act To Amend The Pension Benefits Act.
Different explanations have been given to it by the minister and by the former
speaker. I'm happy to speak to it. They are being accurate around what they're
saying. The bill is a minor amendment to our
Pension Benefits Act and it changes rules around private pensions of
a very select group of people, of companies that are made up of two or less.
I find
it interesting talking about relieving the financial burden for these
situations. Yes, I guess it is a financial burden in a sense that companies of
two or fewer people, which is a very small group of people in this province – as
has been indicated – can have these pension plans, and according to our current
act that when they come to a point where the plans are closed out, the company
ends, or they decide to close out the pension – right now if the plan cannot
support what a pension plan should be able to support, they have to put money
in. They have to make up for the deficit that's in the fund before it's closed
out.
I'm sure
that it's quite possible that somebody all of a sudden after years of having
this fund, whether it's five years, 10 years or whatever, may not like the idea
of having to pay in and make up for the deficit that they've allowed to
accumulate – because they would have allowed that to accumulate. They probably
would very much like not to have to do that.
I can
understand why there was lobbying by the Board of Trade for the 50 or 60 people
that this covers, and that's how small the group is; we were told that in the
briefing. The minister has said that it's a very, very small group of people.
I'm not saying that these people shouldn't be cared about but, in actual fact,
these people could have RRSPs just as well as a pension plan. They could have
RRSPs, which would sound very logical, but the thing is that with RRSPs you
can't be sheltered as much as with these pension plans. So that with an RRSP the
maximum shelter is $23,000 to $24,000 a year;
whereas with a private pension
plan, they can get tax shelter upwards of $40,000 a year.
Basically it's a tax haven, and it's a choice of the people who set up these
plans to do it that way. Now, they're getting protection under our
Pension Benefits Act . They're getting protection by exempting them
from having to make sure that the pension fund is fully viable when it comes to
an end.
I think
it's important for us to fully understand that. In the act, in
section 61 of the
pension and benefits act, it says: “Where, on the termination, after April 1,
2008, of a pension plan, other than a multi-employer pension plan, the assets in
the pension fund are less than the value of the benefits provided under the
plan, the employer shall, as prescribed by the regulations, make the payments
into the pension fund, in addition to the payments required under subsection
(1), that are necessary to fund the benefits provided under the plan.”
So our
act does protect employees. However, as has been pointed out, if you're talking
about one of these pension plans, which is basically one or two people who in
most cases are family, they're saying this doesn't fit because it's a different
situation. Having to fully fund the pension at the end could be hard on them.
Maybe their business will end.
Well,
I'd like to know what the businesses are, actually, of these 50 or 60 wealthy
people in the province. They're probably most likely professional businesses. We
don't have the details. I'm agreement with my colleague from Cape St. Francis
that I'm going to want to have some answers too about, well, what exactly are
these very tiny businesses where the pension is for one or two people.
What is
going to happen is – I just read that subsection from
section 61. What will
happen is this bill shall not apply to an individual pension plan, which is what
these plans are called. They will not have to make payments in addition to fund
the benefits under the plan. They won't have to protect themselves under their
own pension plan, basically. That's what it is, and that's fine.
If we're
going to say these pension plans can exist, I can understand doing this, but
let's not say we're showing tremendous care for the people of the province by
doing this. It's helping these people with this plan, which is a valid plan.
It's legal, they can do it. They're choosing to do it rather than have RRSPs
because they get more of a tax saving by doing it. So we'll be honest about all
of that. If we want to do that, fine, but let's not make more of it than it is,
because that's what it is. That's what it is. That's fine, but I'd like to have
some more information and we will get that in Committee.
I'd like
to point out that if this province really cared so much about people and their
pensions, why isn't the government of this province banging on the door in
Ottawa and saying make a change toward the corporate tax rules in this country?
Why not make a change to the rule around bankruptcy that a company like Wabush
Mines or Abitibi in Grand Falls-Windsor can go under – or Sears, it might be a
large company outside but it affected an awful lot of our workers in this
province.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS. MICHAEL:
A company like Sears, that
they can go under, they can go bankrupt and the last people to get considered
are the workers of those companies who never get considered. Their pension plans
die. They died in Wabush, they died in Grand Falls-Windsor and they died with
the workers who've worked for Sears.
So if
this government is so caring about people having pensions –
MR. A. PARSONS:
Point of order, Mr. Speaker.
MR. SPEAKER:
The hon. the Government House
Leader on a point of order.
MR. A. PARSONS:
I'm certainly one for free
debate, but I would ask that debate be relevant to the bill that's being
debated.
Thank
you.
MR. SPEAKER:
Anyone else like to speak to
that point of order?
I would
remind Members, the intent of this bill is very restrictive and I ask Members to
keep relevant to the subject of this bill.
MS. MICHAEL:
May I speak to the point of
order, Mr. Speaker, please?
MR. SPEAKER:
To the point of order?
MS. MICHAEL:
May I speak to the point of
order?
MR. SPEAKER:
Yes.
The
Member for St. John's East - Quidi Vidi, to the point of order.
MS. ROGERS:
He said there was no point of
order.
MS. MICHAEL:
No, but I need to have an
opportunity before he makes that ruling.
I want
to speak to the point that was made, not to what the Speaker said, but to the
point that was made, the point of order.
MR. SPEAKER:
Yes.
MS. MICHAEL:
The reason I want to speak to
it is that I understand in second reading we are talking to the general
principles of a bill. The general principle of this bill is protection of people
with pensions. To me, I've been talking about protection of people with
pensions. I respond to the point of order saying that.
MR. SPEAKER:
Yes, I would say the Member
has been speaking generally to the principle of the bill and I would encourage
all Members to remain relevant to the subject of this bill.
MS. MICHAEL:
I'm speaking about the care
for people in this province with regard to pensions. I heard the minister talk
about the care that the government has, the concern it has for people in the
province. The minister talked about what happened with the Abitibi workers. So I
think I'm speaking to the spirit of this bill and saying let's care. I'm asking
this government to also show their concern.
If the
board of trade can lobby government for 50 or 60 wealthy people, I can stand
here and ask this government to care about our people in this province who have
lost their pensions and to fight for them in Ottawa and to get Ottawa on the
track with regard to changing the corporate laws in this country.
MR. A. PARSONS:
A point of order, Mr.
Speaker.
MR. SPEAKER:
A point of order from the
Government House Leader.
MR. A. PARSONS:
Under
section 48, relevance;
I just made this point. I think you made a ruling that we continue on. I would
ask that we be relevant to the bill. I don't believe the commentary from the
Member opposite is relevant to the content of the bill being debated by the
Minister of Service NL.
MR. SPEAKER:
Anyone else who would like to
speak to this point of order before I rule.
The
Member, in my estimation, is speaking to the order of the general principle of
the bill in terms of she's talking about pensions and the principle and how it
should be applied.
I ask
the Member to remain relevant to the subject of this bill.
MS. MICHAEL:
Thank you very much, Mr.
Speaker.
You have
indicated that I have been, and I will not make my point again. I think I've
made my point clearly, so I will not repeat it, but I do ask the government and
the minister to listen carefully to what I did say. I look forward to when we're
in Committee to ask specific questions that I'd like to have answered.
Thank
you very much, Mr. Speaker.
MR. SPEAKER:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Thank you, Mr. Speaker.
I'm not
going to take a whole lot of time and I'm not going to repeat everything that's
been said. I think it's been explained, the details, but basically I guess at
the end of the day this is not – so that we're all clear and anyone watching is
clear, this is not creating some new bill that's going to shelter some people in
big business and so on. This bill already exists.
SOME HON. MEMBERS:
Hear, hear!
MR. LANE:
So there's nothing new here.
Really,
all we're doing here is taking a bill and a circumstance that currently exists,
that allows private pension plans to be able to contribute up to $40,000 per
year as opposed to $26,000 – is the maximum, I think, under the RRSP, like my
colleague for St. John's East - Quidi Vidi stated.
That
provision already exists. The problem we have is there's basically a clash
between the Pension Benefits Act and
the Income Tax Act so that when an
individual – and we're only talking about individuals here, it could be up to
two people but generally an individual – when that person decides to retire and
shut down their pension plan, under the current provisions there's a clash with
the Income Tax Act and they end up
having to basically pay themselves because we're only talking about the same
person. All that's happening is they're saying that you should have – under the
pension plan maybe you're underfunded by, I'm just going to say $100,000. It
could be $200,000, it could be $500,000, I don't know, but say $100,000. The
reason why it was underfunded is because under the
Income Tax Act they weren't allowed to pay that $100,000.
Now when
they shut down their plan, there's $100,000 that you owe. It makes no sense
because all I'd be doing is just taking $100,000, paying it into my own plan and
then taking my own money back again. It just doesn't make any sense. That's the
problem that's created under the act as it currently exists. All that's
happening is that it's just recognizing that situation and fixing that situation
so it doesn't happen again. That's what the bill is all about as I understand it
and from the explanation I received. Based on that, I have no problem whatsoever
in supporting the bill.
I will
say this in fairness, that's not to say the Member for St. John's East - Quidi
Vidi is not making relevant points about the problem we have with pension plans
and the average person. We know how they have – we've seen situations. She gave
some good examples where workers who had paid into a pension their whole life
ended up getting shafted, to some degree, because of the system. I certainly
agree with her there. I think we all should strive to lobby the federal
government to change that.
I do
agree with her, but while she's speaking in the spirit of it, and I agree with
the spirit of it, really what this bill is about is what I just said. Based on
the bill, based on what's written, based on what I understand of it, I will
support the bill.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. Member for
Ferryland.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
Thank
you for the opportunity to stand and have a few comments on Bill 5. I certainly
did listen to the minister as she introduced the bill and went through the
particulars in regard to the intent and some of the information that was
received in regard to challenges with the current bill and what some of the
provisions here in Bill 5 are all about. As my colleague from Cape St. Francis
indicates, I'm sure when we get in Committee we'll have a further discussion
specific to the parts of the bill.
The
Pension Benefits Act, 1997 required
plan sponsors to fully fund deficits for windup of a pension plan. Bill 5, the
intent of that is to look at the Pension
Benefits Act, 1997 to exempt certain existing individual pension plans with
two or fewer members or former members from the requirement in the act for
pension plan sponsors to fully fund any deficits on windup of the plan if
certain conditions are not met.
Now, I
know when the minister talked about this she talked about some of the difference
in regard to the employer-employee relationship with this smaller group. My
understanding, and we'll probably talk about it more in Committee, is this is
relevant to those that owned the actual small business. I am not sure if it's
just something that's incorporated, would it be involved proprietorship,
partnership, and those kinds of set-ups. As we go through, we'll certainly have
discussion about that as well.
She
spoke to provisions of the bill that talks about those that are either married,
cohabitate, have a partnership, and how any windup would affect those
individuals. And some provisions are mentioned here in the bill in regard to
some protection for that. Because as we know, someone, it could be a partner of
an individual, who one individual could be involved in the business, it could be
a director of an incorporated entity, others may not be aware that in some cases
maybe the pension plan even exists.
So what
transpires with the clue-up, with the sale of that business or with bankruptcy
or a number of things that could occur. What protection is there for that
individual or individuals who, as we know with small business, may not have
participated directly, could have participated in some form, but still that fund
and that benefit is for them and has been put aside and their expectation is
they would avail of that at some time in the future as part of a pension plan.
That's
certainly significant and relevant that we have a discussion on that and how
that exactly is set up for those that may not be aware of it, for those that are
aware of it, that full understanding is grasped by all concerned to make sure
everybody's protected as we go through the process.
Just a
little background in regard to the Pension
Benefits Act, 1997 , it governs employer-sponsored pension plans and the
minister referenced that when she spoke in regard to this particular bill and
the Pensions Act . The objective of the
act is to protect the accrued pension entitlement of plan members in the
province, and to assure equitable treatment of all plan members. So the general
principle of a pension benefit, you start out, you put aside in a registered
pension plan, part of your employment; sometimes it can be contributory by the
employer and the employee, whatever that basis; it's looking to the future to
make sure at a time when you leave that employment you have a benefit, and maybe
other benefits as well as you leave that place of employment.
Since
2008 the Pension Benefits Act has
required plan sponsors to fully fund any deficits on windup of a pension plan.
This is what we're talking about here today in regard to this bill. I think the
minister indicated and in some of the briefing information there were about 50
cases of this where it exists. This bill specifically deals with those cases.
There
are certainly different pension plans. The amendments outlined in Bill 5 apply
only to certain existing individual pension plans, as I said, with two or few
members or former members. The individual pension plan is a registered defined
benefit pension plan designed to provide the maximum benefit permitted under the
Income Tax Act . The minister has
indicated some of the concerns or some of the relevancy to the current set-up
and what it would mean in regard to Canadian tax law, how they intertwine and
what the said results could be.
The
pension plans are often set up by business owners, incorporated professionals
and executives, it could be through financial specialists and advisors, to look
at what the income would be at a point in time when you would leave the
operations and go on and have a secondary income. There are also Registered
Retirement Savings Plans when you look at deferred taxation; RRSPs are one
registered means to do it today. I guess there is concern in regard to this
particular instance in regard to whether this will be perceived as a tax shelter
and how that money is protected from taxation under both provincial and federal
taxation law.
hadn't had any discussion before. We know recently the federal government has
looked at small business legislation in regard to small business. I'm not sure
if there's any relevance here in regard to how that's intertwined, if there are
concerns here in regard to that. That is something we'll probably talk about in
Committee.
Some of
the moves that were made then – and I know there were concerns for small
business in regard to infringement on their ability to save for that point in
time in the future where they would retire and would have benefits available in
the form of a pension. It could be monies in that incorporated entity at the
point in time that would stay there. They could use that at a later date to draw
down when they sold their company, when the company was passed on to a family
member, but they would have that to draw down on. So it's something we can
certainly talk about when we get in Committee about if there's a connection to
that as well.
We know
in the discussions, the superintendent of pensions indicated – as I said, there
are 50 more of these type of pension plans currently registered under the
Pension Benefits Act in the province.
The majority of these were set up somewhere around, prior to 2008.
Approximately, 15 to 20 were set up since 2008.
As well,
according to the superintendent, some have started to mature and issues have
emerged. I guess that's why we're here today talking about Bill 5 related to the
requirements in the Pension Benefits Act
for these sponsored plans to fully fund the pensions plan upon wind up. I guess
that's what we're talking about.
Under
these plans, certain circumstances result in individuals being forced to
potential bankruptcy, possibly, for their company in order to find their own
pension plan upon windup. As you get to windup of the particular company, the
unfunded pension plan – currently, my understanding is that deficit today, under
the current legislation, would need to be met. That would be finding the dollars
within that corporate entity or within that structure, within that business to
meet that requirement.
According to the superintendent, there's certainly increased pressure to address
the issue surrounding the requirement for the plan sponsors of the pension
program to fully fund any deficits upon windup. He said his office received
correspondence over the years concerning the issue. There are others who lobbied
for changes that it would improve the ability of business owners to close out
their financial affairs. Other financial consultants and planners have, as well,
expressed interest in seeing the amendments outlined in Bill 5.
understanding is the bill will come into effect in December of 2018. It would
look at – from the taxation point of view in regard to when it would come in, it
would be a full year then in terms of operation for a taxation year. The
department is not, as I said, bringing it in until 2018.
When we
get into Committee, as I said, my colleague for Cape St. Francis talked about
some of the questions we'd want to ask in regard to protection for those that
are involved or involved in the business, corporate entity to make sure they're
protected. I know the minister did talk about that, some of the provisions and
definitions in the bill. We'll probably drill down a little bit on those to make
sure that protection is there for those concerns.
Those
are some of the thoughts as we go through in regard to the exact nature of why
we're bringing this forward at this particular time, how those involved are
protected, what the framework is going to look like going forward.
So it's
an interesting bill. We're certainly looking forward to discussion in Committee.
At that time we'll have some questions and we'll go from there.
Thank
you, Mr. Speaker.
MR. SPEAKER:
If the hon. the Minister of
Service NL speaks now she will close the debate.
MS. GAMBIN-WALSH:
Mr. Speaker, I thank the
Members for their comments.
MR. SPEAKER:
Is the House ready for the
question?
The
motion is that Bill 5 now be read a second time.
Is it
the pleasure of the House to adopt the motion?
All
those in favour, ‘aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, ‘nay.'
Carried.
CLERK (Murphy):
A bill,
An Act To Amend The
Pension Benefits Act, 1997. (Bill 5)
MR. SPEAKER:
The bill has now been read a
second time.
When
shall the bill be referred to a Committee of the Whole?
MR. A. PARSONS:
Now.
MR. SPEAKER:
Now.
motion, a bill, “An Act To Amend The Pension Benefits Act, 1997,” read a second
time, ordered referred to a Committee of the Whole House presently, by leave.
(Bill 5)
MR. A. PARSONS:
I thought you were going to
recognize me, Mr. Speaker.
MR. SPEAKER:
The hon. the Government House
Leader, sorry.
MR. A. PARSONS:
I don't speak until you tell
me to speak, Mr. Speaker.
MR. SPEAKER:
Yes, okay.
MR. A. PARSONS:
I move, seconded by the
Minister of Service NL, that the House resolve itself into a Committee of the
Whole to consider Bill 5.
MR. SPEAKER:
It is moved and seconded that
I do now leave the Chair for the House to resolve itself into a Committee of the
Whole for consideration of the said bill.
Is it
the pleasure of the House that we adopt the motion?
All
those in favour, ‘aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, ‘nay.'
Motion
carried.
motion, that the House resolve itself into a Committee of the Whole, the Speaker
left the Chair.
Committee of the
Whole
CHAIR (Warr):
Order, please!
We are
now considering Bill 5,
An Act To Amend The Pension Benefits Act, 1997.
A bill,
“An Act To Amend The Pension Benefits Act, 1997.” (Bill 5)
CLERK:
Clause 1.
CHAIR:
Shall clause 1 carry?
The
Chair recognizes the hon. the Member for Cape St. Francis.
MR. K. PARSONS:
It took you a long while to
figure that one out, Mr. Chair. I can't believe it.
Amendments requiring the pension sponsor to be fully funded any deficits or
windup has been there since 2008, why are we introducing these amendments now?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, I think it's in
the best interests of the House that I kind of give an example of what's going
on here so people can get a clear understanding of why we're doing this.
The
individual pension plans are generally set up for owners or key executives of a
company. Due to privacy legislation, Mr. Speaker, it would not be normally
acceptable to name a specific company with an individual pension plan without
their consent. I have arrived at that consent from Atlantic Home Furnishings
Limited. They provided me with that consent to identify them.
This
company, Atlantic Home Furnishings, is an established employer in the province.
They presently have a number of employees in their Mount Pearl location. A prior
owner of this company, Mr. Speaker, set up an individual pension plan as a means
of savings for retirement; however, when the ownership changed, the individual
pension plan became an obligation of the new owner of the company. The
significant cost of this funding to the pension is a burden now to the new
owner.
Instead
of being able to invest in the company and into his employees, Mr. Speaker, the
legislation as it exists today requires the company now to invest in this
pension plan. Even though the individual that owned the company prior consented
for him not to do this, but the regulations – the legislation now requires him
to do it.
We're
here today, Mr. Speaker, to try to change the legislation to assist – there are
50 of these plans in the province, 15 since 2008. We're here today so we can
allow small business owners the opportunity to invest in their business, to
invest in the company, to employ individuals, and not to have this over their
head that they would have to invest in a pension plan that the owner who owned
the pension plan agreed they didn't have to do. That's the issue.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
What sort of consultations
were done with any different groups about this pension plan?
CHAIR:
The Minister of Service NL.
MS. GAMBIN-WALSH:
Mr. Speaker, we consulted
with Kevin Dunphy. He's the financial advisor for the company that I just
identified. We also consulted with the St. John's Board of Trade. They were
clear that this was a good thing to do and it was needed to do because it was
hindering the growth and the development of some of the businesses in the
province.
CHAIR:
The hon. the Member for St.
John's East - Quidi Vidi.
MS. MICHAEL:
Thank you very much, Mr.
Chair.
I want
to go back, actually, to the first question that the Member for Cape St. Francis
asked and the minister's response to it. I'm really glad to know, Minister, that
you have the example, but would you be able to give us more in the sense of,
sort of, general areas of who the companies are? Are there retail companies, are
there professional, are there doctors' companies, are there lawyers' companies –
can you do that? That wouldn't be against privacy, I don't think.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, there are a variety of companies and, take note, it's only 50;
however, the plans are for two or less people, not exactly the company. I gave
the company example so you would understand that it was the owner himself that
owned the pension that's required to be funded and he's agreed for it not to be
funded.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
Thank you very much, Mr.
Chair.
I'm just
wondering if there were any jurisdictional scans done on this and see what other
jurisdictions are doing.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes, Mr. Chair, there are
variations in how these individual pension plans are treated across the country
and most jurisdictions provide some form of exemption for the pension plans.
In our
province, we have developed our own made-in-Newfoundland-and-Labrador approach.
Actually, Mr. Chair, I do have a jurisdictional scan sheet here. It's quite
lengthy. I don't know if the Member wants me to enter it or read it all out, or
table it.
Table
it, okay.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
I know the minister gave an
example of a business that had a problem with this individual pension plan and
the reason for it. But has there been other individuals come to you? You
mentioned it could be a law firm; it could be a doctor's office. Has there been
other individuals also come forward with this problem?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, the Board of Trade
came forward on behalf of other companies and individuals.
CHAIR:
The hon. the Member for
Ferryland.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I wonder
if I could ask the minister under the definition of specified individual,
there's reference to individuals connected at any time of the year with the
employer who participates in the plan. Does that mean there's a one-year period
where the connection to the plan is established and anything outside of that
would be a disconnect as having a connection to the plan?
Someone
could have interrupted service with a small business. It may not have been in
the year prior to the plan winding up or the company being sold. So would they
still have a right to the pension plan?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, it's two or less
people who are in the agreement at the time. I think the Member opposite is
asking me if there's a break in the period of time. Is that what you're asking?
I'll have to get that answer for him.
CHAIR:
The hon. the Member for
Ferryland.
MR. HUTCHINGS:
Yes, so just to be clear the
issue is – and it's in the definition here as specified individual. It talks
about a year and the connection. There could be two people in a company, they
may be owners, they may be shareholders, a minority shareholder. They could
leave the company. They could come back. They could have different interactions.
The
question is related to the one year. Does that disentitle them if there's
interrupted service or they haven't been involved in a company actively in the
year prior to this occurring – would they be discounted from a pension that
originally was intended for them? I guess that's my question.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, I think if I give
the definition of specified individuals it may, in fact, answer that question.
Specified individual is an individual specified for the purposes of paragraph
1(
a) in respect to a pension plan in a particular calendar year if the
individual was connected at any time in the year with an employer who
participates in the plan.
CHAIR:
The hon. the Member for
Ferryland.
MR. HUTCHINGS:
Okay, just to be sure, so if
that individual wasn't involved in the year with the employer, they wouldn't be
entitled to the benefit?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, it's for ownership
shares only.
CHAIR:
Shall the motion carry?
All
those in favour?
SOME HON. MEMBERS:
Aye.
CHAIR:
Those against?
Carried.
motion, clause 1 carried.
CLERK (Barnes):
Clauses 2 and 3.
CHAIR:
Clauses 2 and 3.
Shall
clauses 2 and 3 carry?
All
those in favour?
SOME HON. MEMBERS:
Aye.
CHAIR:
Those against?
Carried.
motion, clauses 2 and 3 carried.
CLERK:
Be it enacted by the
Lieutenant-Governor and House of Assembly in Legislative Session convened, as
follows.
CHAIR:
Shall the enacting clause
carry?
All
those in favour?
SOME HON. MEMBERS:
Aye.
CHAIR:
Those against?
Carried.
motion, enacting clause carried.
CLERK:
An Act To Amend The Pension
Benefits Act, 1997.
CHAIR:
Shall the title carry?
All
those in favour?
SOME HON. MEMBERS:
Aye.
CHAIR:
Those against?
Carried.
motion, title carried.
CHAIR:
Shall I report Bill 5 without
amendment?
All
those in favour?
SOME HON. MEMBERS:
Aye.
CHAIR:
Those against?
Carried.
Motion,
that the Committee report having passed the bill without amendment, carried.
CHAIR:
The hon. the Government House
Leader.
MR. A. PARSONS:
I move, Mr. Chair, that the
Committee rise and report Bill 5.
CHAIR:
The motion is that the
Committee rise and report Bill 5.
Shall
the motion carry?
All
those in favour?
SOME HON. MEMBERS:
Aye.
CHAIR:
Those against?
Carried.
motion, that the Committee rise and report Bill 5 carried without amendment, the
Speaker returned to the Chair.
MR. SPEAKER (Trimper):
The hon. the Chair of
Committees, Member for Baie Verte - Green Bay.
MR. WARR:
Mr. Speaker, the Committee of
the Whole have considered the matters to them referred and have directed me to
report Bill 5 without amendment.
MR. SPEAKER:
The Chair of the Committee of
the Whole reports that the Committee have considered the matters to them
referred and have directed him to report Bill 5 without amendment.
When
shall the report be received?
MR. A. PARSONS:
Now.
MR. SPEAKER:
Now.
When
shall the said bill be read a third time?
MR. A. PARSONS:
Tomorrow.
MR. SPEAKER:
Tomorrow.
motion, report received and adopted. Bill ordered read a third time on tomorrow.
MR. SPEAKER:
The hon. the Government House
Leader.
MR. A. PARSONS:
Thank you, Mr. Speaker.
I would
call from the Order Paper Motion 10. I would move that the notwithstanding
Standing Order 9(1)(
a) this House meet at 2 p.m. on Thursday, May 3, 2018.
MR. SPEAKER:
Thank you.
The
motion is that the House meet at 2 p.m. on Thursday, May 3, 2018.
The hon.
the Government House Leader.
MR. A. PARSONS:
Thank you, Mr. Speaker.
certainly won't belabour this point, but this, I think, is obviously a very
necessary motion to be moved here. To those that may be listening and wondering
why we would make such a motion, normally on Thursdays this House meets at 1:30
p.m. to start regular proceedings. However, tomorrow is certainly a very special
day in this province, where we have the installation of a new a
Lieutenant-Governor in this province, Ms. Judy Foote.
That
will be tomorrow in this House, actually. There are certainly some festivities
planned, and the anticipation is that regular business may be delayed due to
these ceremonies which are taking place. In order to ensure that there's no
discrepancy here and that the House is not conflicted out, we'll say, what we're
asking is that Members meet and this House open at 2 p.m. I think, obviously,
it's going to be a big day for this province. There are a lot of positive things
about the appointment of Ms. Foote to this position.
I might
not get a chance to say so publicly, what I'd like to do before I sit down is
just to take this opportunity publicly to thank the current Lieutenant-Governor,
Mr. Frank Fagan and his wife Patricia, their Honours, for the great that they've
done over the last number of years for this province. I, like many in this
House, have had a number of opportunities to be in their company and to be in
their presence, and have heard many of their speeches. I have to say, they're a
very warm couple, very giving, always willing to talk to people, to talk to
Newfoundlanders and Labradorians. So the service they've provided to Her
Majesty, to our country and province, certainly they've gone above and beyond.
In fact, I think his term is actually – he served a bit longer than perhaps
anticipated in order to allow for this transition.
To those
fine folks, I would say: Thank you for everything you've done and for allowing
us to be in your presence.
SOME HON. MEMBERS:
Hear, hear!
MR. A. PARSONS:
To Ms. Foote and to her
husband, Howard, who will be sworn in tomorrow, I'm sure they're going to do a
wonderful job for this country as well. We all know Ms. Foote's background in
public service to this province and to this country. I'm sure she'll carry that
same record over in service to the country and province in this brand new role.
I look
forward to tomorrow. I think it's going to be a very – it's a big day for this
province and this country. I would be remiss if I didn't note that I do believe
it will be our first female Lieutenant-Governor in this province, and that's a
great milestone.
I thank
the Prime Minister for his wonderful selection and I thank Ms. Foote who has
already served a number of years in public service and taking on this new role.
It says a lot about her commitment to the people here.
Thank
you, Mr. Speaker. I look forward to the debate on this motion and hopefully
seeing it passed and look forward to the installation tomorrow.
Thank
you.
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
As well,
I concur with the Minister of Justice and Public Safety in regard to this
particular motion at 2 o'clock on Thursday for the installation of the new
Lieutenant-Governor of Newfoundland and Labrador.
understanding is the regular orders, business of the day, will proceed that
activity here in the House, which is indeed, as the minister said, a special day
for the province as we have a changeover of Lieutenant-Governor.
I, as
well, would like to acknowledge and thank the service of Frank and Patricia
Fagan, their Honours, on the work they've done in their tenure. As an elected
official in the province during that time, I've certainly seen the elegance and
the presentation they have brought to the role as Lieutenant-Governor and their
Honours and thank them for that and for their dedication.
As well,
from the new installation of a new Lieutenant-Governor, we're going to see the
first female Lieutenant-Governor of the Province of Newfoundland and Labrador,
as the Queen's representative, as us as a member of the Commonwealth acknowledge
that and look at it as a new age in terms of our province and acknowledge that
and the Prime Minister on making that appointment with the blessing of the
Queen.
Again,
we certainly recognize this motion and we support it, and looking forward to
Thursday and the ceremony here in the House.
Thank
you, Mr. Speaker.
MR. SPEAKER:
The hon. the Leader of the
Third Party.
MS. MICHAEL:
Thank you very much, Mr.
Speaker.
I'm
happy the Government House Leader took a moment to explain what is happening
tomorrow for those who are watching and to give us all an opportunity to
recognize this special moment. I think it is most appropriate that we change our
schedule in order to have the installation of the new Lieutenant-Governor in
this House, and noting, along with my colleagues, that it is a very special day
when we have the first female Lieutenant-Governor in our history and for some of
us, somebody whom we sat with in this House, actually.
I am
looking forward to that. I think it is – I mean this in a non-political sense –
a red letter day. I realized as I went to say it.
The
Lieutenant-Governor plays a special role with us here in the House. Albeit it's
a formal role that the Lieutenant-Governor plays but it is part of our
parliamentary system and it's something we all respect.
I'm
proud to say as I stand here, that this actually will be the fourth
Lieutenant-Governor that I will have been an MHA with. So this is significant
for me at this point in time that it is a woman. We all should celebrate that.
Again, I
join with my colleagues in thanking Frank and Patricia Fagan for the wonderful
job they did while in that role.
Thank
you very much, Mr. Speaker.
MR. SPEAKER:
Thank you very much.
Is the
House ready for the question?
Is it
the pleasure of the House to adopt the motion?
All
those in favour, ‘aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, ‘nay.'
This
motion is carried.
The hon.
the Government House Leader.
MR. A. PARSONS:
Thank you, Mr. Speaker.
I would
call from the Order Paper, Motion 3, the Concurrence Motion.
MR. SPEAKER:
The hon. the Member for
Labrador West.
MR. LETTO:
Thank you, Mr. Speaker.
It's a
pleasure for me to –
MR. SPEAKER:
I'm sorry, I'm sorry.
AN HON. MEMBER:
(Inaudible.)
MR. LETTO:
I'm speaking to the Resource
Committee.
MR. SPEAKER:
The hon. the Member for
Labrador West.
MR. LETTO:
Yes, thank you, Mr. Speaker.
It's a
pleasure for me to rise this morning to have a few words on Concurrence. I just
want to talk a bit about the district that I represent and I want to thank the
people of Labrador West for giving me this privilege to represent them in the
House of Assembly, as all hon. Members do in this House, I'm sure.
Right
now, Mr. Speaker, there's been a lot of things said about the budget and some
good, some not so good. I want to focus on an industry this morning that is a
bright light for us – it has been for 60-or-more years, 100 years – and that's
mining. I think that is a great part of our future. We only scratched the
surface, pardon the pun, on what mining can do and the contributions that it
makes to our province.
Labrador
West, as you know, is a big part of that. It's our raison d'être. We would not
be there if it wasn't for the iron ore mines and the great riches of the
Labrador Trough that exist within that region. It's fairly new in relative
terms. Labrador City was established in the early 1960s and Wabush came along
shortly thereafter. In relative terms to many communities in this province,
Labrador City and Wabush are fairly new.
We built
there because our pioneers and prospectors found a great resource in the region
of the Labrador Trough and that's iron ore. Mr. Speaker, I just want to have a
few words this morning on what this industry has done for the region of Labrador
West and what it continues to do, and the prospects and the possibilities that
exist within the region to make it an even stronger region for us.
Mr.
Speaker, first of all, I want to say that if we were to go on today's terms of
what's happening exactly at this very moment, we would not be very prosperous
because, right now, due to an unfortunate labour dispute, the production is at a
standstill. This, too, will pass. We've had many, many of these interruptions
since the 1960s. They're never good. They're never good for the workers. They're
never good for the region. They're never good for the company.
Mr.
Speaker, we have to respect the wishes of the people. When the union members
voted they voted unanimously, I would consider, in the 90-plus range. You have
to respect that. You have to respect their convictions, and I certainly do. That
doesn't mean we sit back and do nothing. I have been very active as the MHA for
the region in dealing with the union and the company to try to get this
unfortunate stoppage resolved. It's in the best interests of everybody within
the region, within the province and within the country.
Mr.
Speaker, we continue to do that. Of course, back in 2014 we had the unfortunate
incident of the stoppage and the shutdown of Wabush Mines. Again, I want to say
that was most unfortunate and the region has suffered terribly because of it.
The people of Wabush have been certainly dealt a severe blow. When you talk
about Wabush, I can't help but talk about the pensioners. The Member of the
Third Party referred to them earlier in her conversations.
Mr.
Speaker, when a group of people – when you work 30 or 40 years and you find out
in your retirement that you're going to lose 25 per cent of your pension, that's
never good news. You were there with me when we had to go to – it was my first
task as an MHA, actually.
AN HON. MEMBER:
Twice.
MR. LETTO:
Twice. Yes, you were there.
My first
task as an MHA was to go and explain to the members, to the pensioners, that
their pension plan was being terminated. Mr. Speaker, that was not a very good
evening. When you start off your rookie career as an MHA on that foot, you know
that you're into the thick of it now.
Since
then, we've been working with the pensioners. One of the things that we did as a
government was referred the
section of the pension act to the Newfoundland and
Labrador Court of Appeal for an
interpretation and a reference. We did get a
very favourable reference from the Court of Appeal. Since then, we've been very
active. I've been working with the lawyers, the company, the union members and
the staff members to try to get some resolution to the loss of pensions that
they've experienced.
I can
honestly say, Mr. Speaker, we're making progress. It's taking forever, in their
terms certainly, because that's 2014, so we're talking now four years later.
It's a long, tedious process, but I think there is light at the end of the
tunnel. We will see some resolution to what they've encountered. We hope that's
going to happen very shortly.
Mr.
Speaker, when you look at mining in general, it is a bright spot in our
province, it is a bright spot for our future. When you look at
The Economy , the book from our
Budget 2018 , you will see what mining
really means to this province. It says the value of the Newfoundland and
Labrador mineral shipments totalled an estimated $3.6 billion in 2017,
representing an increase of 24.6 per cent from 2016.
Part of
that, of course, is due to the commodity prices. The last two years we've seen a
drastic drop in commodity prices, whether you're talking about oil, whether
you're talking about iron ore, nickel – all the minerals and natural resources
have taken a severe blow. We are seeing some rebound. It's not as fast as we'd
like, but at least it's steady. Because of that, we are seeing renewed interest
in the mining industry.
So, Mr.
Speaker, when you look at some of the mines that exist within the Labrador West
region – and I would start there – and Iron Ore Company, of course, despite the
stoppage right now, the Iron Ore Company is a great contributor and it's the
largest iron ore mine in the province and is the largest mine in the province.
AN HON. MEMBER:
And the best iron ore.
MR. LETTO:
And the best iron.
What the
iron ore of the Labrador Trough has going for it, even though it has to be
processed, but when it is processed it's some of the best quality in the world.
It's the best quality in the world, and that's why it's in such demand, and
that's why it continues to be a commodity on the world market that is in big
demand. So we will get through this, and we'll get back to production, I'm sure.
IOC have
big plans. As you know, this year they had the Wabush number 3 deposit approved,
released from environmental assessment and that is a big part of the future of
that mine. So what we see, that's already started to develop, and we hope to see
some production from that by the third quarter of 2018.
Again,
Mr. Speaker, I got to go back to Wabush. Since the closure of Wabush Mines,
we've been working very closely with different companies to look for a new owner
for Wabush. As you know, as the people of this province know, Tacora Resources
is the new owner of Wabush Mines. We're in close contact with them pretty well
on a daily basis. They have been released from environmental assessment. So
that's positive.
They are
going through the procedures and the motions to raise the capital they would
require to restart the mine. There's a lot of capital work that needs to be
done. We hope to be there within the next couple of months and we will see,
hopefully, the rebirth of Wabush Mines, which would be a tremendous, tremendous
boost to the region of Labrador West, and to the province, because everyone
benefits from such a development as that. I mean, you're looking at employing
250-300 people, maybe more, in a mine that's going to be there, hopefully, for
the long haul.
Mr.
Speaker, as well, because of the renewed interest in mining and the prices have
been rebounded, a project that's been shelved for four or five years, as a
result of the downturn, is Alderon. We've seen renewed interest from that group
as well. Again, I'm keeping in close contact with them, helping them along the
way and we have seen a great renewed interest and they've shown interest in
restarting the Kami project to rebooting, they are called. Again, there's a lot
of work to be done, absolutely, and there are a lot of things that have to come
together in order for it to happen. But the fact that there is a renewed
interest gives us hope for the future.
There's
a mine that's just across the border into Quebec called Bloom Lake that's just
restarted. That was shut down the same time as Wabush. The same company,
actually, at the time, Cliffs Natural Resources, they were shut down. They've
since been sold to Champion and they have begun production, so they have
restarted.
You may
question and people may question well, that's in Quebec. It is in Quebec, the
mine itself is in Quebec. I can tell you, as I said in my last few words that I
had, anything that happens on the border is a benefit to all of us. We have to
remember that the Bloom Lake operating in Quebec across the border, the railway
comes through Labrador, they are serviced by the industrial park in Wabush.
There's a lot of work going on in the Wabush Industrial Park in relation to
Bloom Lake. Mr. Speaker, what happens across the border is a benefit to
everybody.
SOME HON. MEMBERS:
Hear, hear!
MR. LETTO:
We certainly are very pleased
to see that train running across the overpass again because it didn't for four
years. I tell you, people felt that effect too when Bloom Lake shut down. It's
not until you lose something do you realize the benefit that it has.
Mr.
Speaker, things are looking positive and we have to get beyond the doom and
gloom. We know we had a couple of rough years but there is a bright future for
all of us. What happens in Labrador West is good for province, is good for the
country, and that's what we have to remember is that we all benefit from renewed
interest in the mining industry.
Mr.
Speaker, in March I attended the PDAC, which is the Prospectors & Developers
Association of Canada, and I can tell you we have prospectors in this province,
not only in Labrador but on the Island of the province, that have some very good
stakes and claims that they've been optioned to junior mining companies, and we
saw that at PDAC.
I have a
prospector in my district who's partnered with a prospector from the Island. I
won't say their names, but they've been very successful. They just optioned off
a property on the Great Northern Peninsula, a sink property on the Great
Northern Peninsula that could possibly develop into a mine, because that's where
mines start. They have to start with a prospect, and prospectors are the root
and they're the beginning of any mining development. It has to start. Just look
at Voisey's Bay, for instance. It started because two prospectors found a nickel
deposit that was the richest in the world, Al Chislett and Christopher Verbiski,
and we all know where that went.
Mr.
Speaker, speaking of Vale, the ovoid is getting mined but we're still very
hopefully that Vale will see the ways and means to go underground into the
eastern deeps and to extend the life of that mine for the next 20, 30 years.
That's very important to my friend, the Member for
Torngat Mountains, and the people of Nunatsiavut. Again, it's a mine that has
fingers everywhere.
Long Harbour, for instance. The smelter in Long Harbour
is there to smelt the ore from Voisey's. Mining has it's fingers everywhere and
its tentacles everywhere. It just doesn't benefit the particular region the mine
is in. It has far-reaching effects.
Mr. Speaker, I can't get up and talk about mining, of
course, without talking about my good friend from Baie Verte - Green Bay. We
know that area is doing very well. That region is doing very well in its gold
deposits. We know there's lots of gold there to mine yet. We have to be
optimistic and we are optimistic that Anaconda, Rambler, these are going to do
well. These are going to do well, and it's good for the province.
Then, of course, we go down to the Burin Peninsula –
HON. MEMBER:
St.
Lawrence.
MR.
LETTO:
in the great Town of St. Lawrence, the fluorspar. They are in their infancy stage of putting the production
in place and we will see production from there, sooner rather than later.
Again,
Mr. Speaker, that's a mine that's been dormant for years. We, as a government,
were very happy to invest in that with a $17 million loan to help them develop
that new mining prospect, and it's something that's going to benefit all of us
again.
Mr.
Speaker, when we talk about mining, of course, I go back to the prospectors and
developers. We're seeing more claims than ever in the mining industry, not only
in Labrador. Labrador is doing very well. We look down on the South Coast of
Labrador, of course, the Search Minerals, the Rare Earth – my friend in
Cartwright - L'Anse au Clair – that's now going through an environmental
assessment process. Mr. Speaker, who knows where that could go.
Rare
Earth is the way of the future when you look at all the technology that's taking
place today and the electric cars and everything is all developing. You have
one, Mr. Speaker, you know. You may have Rare Earth operating in your car, I
don't know. Anyway, it's something that's going to be in big demand for the
future.
That's
what we have to do, Mr. Speaker. What happened in the past, what happened in the
last two years, we can't forget it because it's been very bad for our province.
We understand that, but we have to get beyond that now. We have to put that
behind us. We've dealt with it. Now let's look to the future because the future
is very bright.
I'm just
concentrating on mining because that's where I spent my career. I love the
industry. I think it has great potential. I follow it every day.
The
first thing I do when I get up in the morning is check the iron ore prices. So
it's something that's near and dear to my heart. It's near and dear to the
district I represent. It's very important for our province, very important,
whether it's on the Burin Peninsula, whether it's the Great Northern Peninsula,
whether it's the Baie Verte Peninsula, whether it's Labrador, the South Coast,
the North Coast, West, East, it affects everybody. We all have a part to play in
that. It's a great boost to our economy. It creates jobs, lot of jobs. It's
high-paying jobs. It creates lots of expertise. It creates lots of royalties. It
creates lots of taxes.
The
supply sector, the spinoff industry; there's probably no other industry in the
world that has a bigger spinoff industry than mining does because you need parts
every day, whether it's a piece for a tractor, whether it's a piece for a
filter, whether it's inflatable tents. There are so many moving parts in the
mining industry that the service industry is huge, not only in parts but in the
expertise, the technical part of it.
Mr.
Speaker, this government, our government, is committed to the mining industry
because we see the benefit in the mining industry. We see how beneficial it is
to our province, and that's what we have to start believing in, Mr. Speaker,
because it's not only for the one region where the mine is, it's for everybody.
It's good for the province, it's good for the company.
We have
to get beyond the doom and gloom that people are leaving in droves and the sky
is falling. Mr. Speaker, there's so much potential in the mining industry that
for anybody who understands it, we've only scratched the service, as I said. The
future is so bright for mining. Prices will rebound. The commodity prices will
become stable again.
It's a
very cyclical industry, Mr. Speaker. We know that. It has its ups and downs, its
peaks and valleys, but I tell you what. We have to be ready for the peaks and we
have to be ready for the valleys because they are going to happen again. As a
matter of fact, the point I'm trying to make is we have to be ready for both,
Mr. Speaker, and mining is a bright part of our future.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
The hon.
the Member for Cape St. Francis.
MR. K. PARSONS:
Thank you very much, Mr.
Speaker.
It's
indeed a privilege to get up here again today and represent the beautiful
District of Cape St. Francis and the beautiful people in Cape St. Francis.
I want
to thank the former Member who just got up there. He did a Member's statement a
little while ago on a resident from the Town of Flatrock. I heard a lot of
residents want to make sure that I said thank you to him. It was Gord Parsons.
He was a resident and had a big family in Flatrock. I'm not sure, I think there
was like 19 of them in the family all together; a big family. I live very close
to them. I knew Gord personally. He was a fine gentleman and you did a great job
on the Member's statement.
AN HON. MEMBER:
Great last name.
MR. K. PARSONS:
Yes, great last name. You did
a fine job, and I know the family really appreciated what you did, so I just
want to say thank you for that.
Mr.
Speaker, today we're going to be talking about, and I am going to try to stick
my best to it, is the resource sector. What we're looking at in this sector is
there are different parts of Estimates that we did. I did Estimates on the
fishery part but there's also Advanced Education, Skills and Labour. There are
Fisheries and Land Resources, Natural Resources and Tourism, Culture, Industry
and Innovation.
Now, I'm
going to try to touch on a little bit of all of them in my time that I have here
this morning. Mr. Speaker, this side of the House and our party has never looked
at the sky falling. We've never looked at this as, oh, she's gone b'y, she's
gone type thing. I go back to a few years when I heard – I think it was at
dinner, not the Premier at the time but the leader of the Opposition described
Newfoundland as the least, the last and the lowest. I don't think we've ever, on
our side, or our party has ever considered Newfoundland the least, the last and
the lowest.
To that
day, I'll always remember those statements because what we need in society, we
need people to be optimistic and we need people to believe in what we have in
our province, and we need to believe in who we are as people. That's the one
thing I can really say that's changed in society in Newfoundland and Labrador,
and I'm going to give you a little example now before I start to go into the
resource area.
I can
remember before, when I was working in the industry I was working in, I used to
do a lot of training. I remember in the '90s and in the '80 that I was training,
we'd go to, it could be Toronto, it could be Halifax, all over Canada. Do you
know something? The attitude that was in other parts of Canada about
Newfoundland and Labradorians was disgusting. In the 2000s and the later couple
of years, it changed because we changed it. We, as a people, changed it. We, as
a government, changed the attitude that people had toward us. We were the
brightest, we were the newest province and we were the most exciting province in
Canada.
Everywhere you'd go, they talked about what we were doing in Newfoundland and
Labrador. That's what we have to continue to do. That's what we have to show
people around the world, in other parts of Canada, that this a great province.
It's a great province to invest in.
I know I
had a brother of mine that worked all over the world and he always used to tell
me that the name Newfoundlander and Labradorian, once it went to the workforce,
people knew that they were getting great workers because we were known around
the world for our ethic of how we worked, hard workers and great individuals.
That's who we are as people, so we always have to stay on the positive side.
There's no sky falling in Newfoundland and Labrador. As long as our people are
here, we're going to be rich because we have the richest thing in the world: the
people of Newfoundland and Labrador.
Now, Mr.
Speaker, I'm going to just start talking today – I'm definitely going to get
into the fishery, but I want to touch on natural resources. I know the Member
just before me spoke a lot about mining. I do a lot of hunting in Central
Newfoundland; it's around Millertown, in that area. Costigan Lake is where we
have a place. I love it. I'll have a trip up this summer and I'll have another
trip this fall. We have a cabin up there. It's a beautiful part of this country.
It's just amazing.
There's
a lot of activity on the go up there too with mining and stuff like that, and
it's amazing to watch it. Like the Member before me said, what happens is the
spinoffs, the road construction. You go up one year and you're in towards
Valentine Lake – a lake they're doing up there now. There's mining actually
right under the lake. I think it's gold they're looking for. They're doing it
right underneath the lake.
The road
going in there now is as good as the Trans-Canada. From the main road going up
through to go into Valentine Lake, it's 24 kilometres. It opened up the whole
country forest and stuff like that. And just to see the number of people – it's
amazing, last year, when I went up. There were all these young, I guess,
university students that were there. They were doing some kind of course. There
were young people there and they had all the core – it's amazing when you look
at this because what they do, I guess, they drill into the rock and they haul
out this core. It's about two inches around and they take it out. It doesn't
look like there's any gold there, at least I didn't see it shining or anything
like that, but it was amazing how these young students were in and the spinoff
that our mining resource does. It is huge.
We are
very rich. I know the Member for Baie Verte - Green Bay, the mining is huge in
his area, but in the Central area also it's huge. Mining is very important.
That's something that we have to work on. That's one industry that we can
because we're very rich – if you look how Voisey's Bay was discovered, it was
just a fly over in a helicopter, I do believe, and look down and saw okay, that
looks a little bit different, here we go. Our mining and our natural resources
are very important to our province. That's who we are. We are a province with
huge natural resources.
I look
to the offshore also. I look at the offshore and I know, over the years, I've
had a lot of good friends, a lot of good buddies of mine, that was their
livelihood and they're still at it today, going back and forth to Hibernia.
I can
remember the day the Ocean Ranger went down actually. It was a hard day for my
family because at the time my brother was out on the Sedco 706. We heard that
morning. I can remember exactly where I was; I was going up Hamilton Avenue when
I heard there was a rig in trouble offshore. I can remember hauling in,
listening to it and concerned about what would happen to my family.
Offshore
oil has been around a long, long while for people in the province and it's done
great for some people in our province. It's been an industry that – not only the
wealth, what oil comes out of the ground and what it does to our province but
it's the people that work there. It takes a special individual too to be able to
fly out there three weeks at a time and come back in three weeks at a time.
I've
seen a lot of people with young families and basically you are six months away
from your family. It's not easy. It's the same thing as going to Alberta or
whatever, but our offshore oil industry has brought wealth to our province and
has helped all areas of our province. You can have people from Grand Bank or you
can have people from the Northern Peninsula, you can have anyone. There's a lot
of employment after being created. Again, like the former Member said it's the
spinoffs that these industries that bring the wealth to our province, gives us
employment and stuff like that.
Our
natural resources are so important to us and it's so important that we manage
them correctly and we do what we can to ensure we take full advantage of what we
have to offer. We have to make sure that our environment and everything else is
taken care of too, whether it's our fishery or whether you are in Central
Newfoundland mining at Valentine Lake, Pats Pond, or one of these places. Once
you go in there and see the environment I'm sure that if everyone in the country
could come and see what I see when I go to Millertown, they'd all want to go up
there and see the caribou, the moose, the bears and everything else that I've
seen, because it's absolutely beautiful.
That's
one part of our Resource Committee. It's very important. It's huge to this
province the income that it brings. Next I'm going to talk about the fishery,
and I know I'll end up going back to the other two because I think I'm going to
end up almost taking up the rest of my time in the fishery.
Mr.
Speaker, there's a lot of talk today about cod fish and whether the food fishery
should be going or if there should be a food fishery or should not be a food
fishery. I believe there should be a food fishery. I really do believe there
should be a food fishery, and I partake in it. I have my own boat and I enjoy,
absolutely love being on the water. To me, and I know there are other Members
across the way, the Minister of Finance, we've talked about it before, about
being out catching a cod, different sides, and the feeling you get just to be
able to go out and catch a codfish and the feeling you get when you bring it in
and you fillet it or you take it and whatever you want to do. If you have a boil
up in the garage or you have a boil up here and what it does, because it makes
you feel like: that's our resource. It's a resource we have. Again, it's
something that I think everyone who partakes in it enjoys it.
I can
always remember, a good few years ago there was no food fishery. Actually, the
moratorium wasn't even on. I had an instructor come from Montreal down to teach
a course. He came out one evening with me and I took him out cod jigging. About
10 years after he told me it was the greatest trip he ever had in his life. He
couldn't believe – he was used to catching something about six inches long and
here we were out catching fish 24, 26, 30 inches. Real nice cod and he was just
blown away that we had this resource right on our shore that we could just get
in a boat and go out and catch it.
The cod
fishery is a huge part of who we are to people. I'd like to see more studies
done on the cod. I believe that science and things have changed. We always
looked at the cod fishery that the capelin would come first. In the last number
of years, I have a big concern with capelin. I have a huge concern with the
capelin fishery.
trucked capelin for years. We'd start in St. Mary's Bay and we'd come to
Conception Bay. We'd go right around, and that's what I did for the summer. I
used to take time off work where I was and we'd catch capelin. I saw capelin
seven, eight inches long, nice size capelin, lots of females. They were there.
They'd come in – the seine would go out and we'd get 50,000 in the seine.
Last
year, I saw capelin down in Middle Cove Beach that was three and four inches
long. We have an issue with capelin. We need to do more science on capelin.
Capelin is a food that cod will eat. Capelin is something that attracts cod. The
reason why I believe the cod was so late coming last year is because capelin was
so late coming. They follow it. That's like anything, if that's what you eat
that's what you're going to follow. I believe we really need to have a proper
science on everything.
Now last
year in the cod fishery, we never saw it down our way before, that you'd catch
cod in October and November. For the last three or four years now harvesters
down our way have been out fishing, and its rough. I'm telling you right now, I
watched the boys come in last year, to see them coming in a 26-foot rodney in
seas like you wouldn't believe. I couldn't believe they were out there at it,
but they're diehards. The fish they were catching last October and November was
never seen before.
There
was a change in what's happening. I think people need to look, science and what
we have, DFO need to do a bigger evaluation on what's happening with these
different stocks. The capelin stock is something that really needs to be looked
at because it seems like every year they're getting less and less and we need to
make sure because that's the food the cod likes to eat.
Mr.
Speaker, I want to talk a little bit about the shrimp fishery, especially in
Area 6. I talked to a couple of harvesters here in here in St. John's actually,
only a little while ago. I go over every Saturday morning, over to the basin
over in Prosser's Rock. I know a good few of the people over there and I have a
chat with them and stuff like that. Right now, the shrimp fishery is not worth
their while to go and harvest shrimp.
Last
year, they had the buddy up where they could put two licences on a boat. I think
this year it's changed again, that they can put three or four. I know myself and
the Member for Cape Freels talked about it the other day. The whole area, Area
6, is a huge issue. That's where most of our inshore shrimp is caught. Now, the
offshore are still in Area 6 and they also have options for 5 and 4 to go a
little bit further North and catch some, but we have some serious issues there
in that fishery.
Right
now, in the Province of Newfoundland and Labrador, there are eight shrimp
plants. These are eight communities that rely on these plants for their
employment, for their communities to survive. Like we talked about the mining,
there are a lot of spinoffs from those areas.
Mr.
Speaker, I'm going to talk a little bit about the crab. Just yesterday, my son
left at 10 o'clock in the morning. They went off 80 miles, dropped their pots
and they got in again at about 11 o'clock last night. So they were gone for 24
hours. They'll go back again.
The
mid-shore crab seems like it's not bad. It's as good or on par with what it was
with other years. Offshore, further out, the 200-mile stuff, that seems pretty
good, but inshore has a real issue. It's a concern because there are lot of
spinoffs on the inshore. There are a lot more harvesters inshore than there are
mid-shore and offshore.
Saturday, over in Prosser's Rock, I saw boats come in with 1,200 pounds, 700
pounds, 1,400 pounds. These boats usually came in with, this time last year,
3,000 and 4,000 pounds. So that has a spinoff effect too in what's happening
with the plants and stuff like that.
believe we need to really – I know that DFO, we're just a little small part of
DFO here in Newfoundland and Labrador. I brought a motion to this House last
December on joint management. It's time for our province and it's time for the
people in our province to have some say in our fishery. That's how we're going
to get it. I don't care if it's an all-party committee or what it is. I know we
have the Atlantic Accord for our offshore. We should have some accord with our
fishery so we get a say in our fishery because it's who we are, it's what we are
as people and we really need to manage our stocks.
I just
mentioned a couple that are a huge concern of mine. I know that proper
management and input from people that are on the water, input from people that
know a little bit about the industry is needed. We need to do more. We need to
do a whole lot more because I know it's not the industry it was. It's not the
industry it was where there were fish plants in every second community, we know
that.
It's so
important that – while harvesters will catch the crab and while they'll do
something with shrimp, but there are a lot of communities in this province that
rely on that fish plant that's in that community, and not only that community.
It could be on the Baie Verte Peninsula. It could be down in Fogo. It could be
on the Bonavista Peninsula. It could be anywhere at all. That's where we need to
be, but we all have to work together on that.
Mr.
Speaker, I've got three or four other things marked down. I wanted just
to mention about the surf clams. I'm really disappointed in what happened with
allocation of quota for surf clams. I think there were a couple of good
proposals made by companies here with Aboriginal groups with them, and I think
it should have stayed in Newfoundland and Labrador. I think most people in this
province agree with me that the 25 per cent we're going to lose should be here
and should be harvested in Newfoundland and Labrador. Again, I think that's
something we should all work together and make sure.
The last thing I want to mention – and I know I had
conversations with both Members for Baie Verte - Green Bay and the Member for
Fogo Island - Cape Freels. We had a great conversation the other day, and it was
on the seals. I got up the last time – it wasn't the last time, the time before
I got up, and I think I spoke about 15 minutes on seals.
Mr. Speaker, we need to do something. I know back in 2011
there was real close, we were so close to striking a deal with China that would
have made a huge difference in our sealing and the market itself. Listen,
there's no doubt about it, the market for seals has been cut like you wouldn't
believe with the European, American and different markets, but the Chinese
market is a place where we can be. There is so much of seal that we can use.
Mr. Speaker, we have a country that's out there, and we're
known around the world to be one of the best countries in the world that when we
see a crisis anywhere where there's starvation or anything at all in this world
that we step up and we take care of people. I can think no better way of
stepping up and being a leader in the world and donating food to countries.
We have 20 million people a day that are starving in this
world of ours, and what a better – the leader of the Opposition asked me today
if I'd go to a dinner up in Topsail . The Topsail church are having a seal flipper dinner and I said I'll
definitely be there because I love eating seal –
AN HON. MEMBER:
(Inaudible.)
MR. K. PARSONS:
You're going too; good for
you.
There
are other things – omega-3, the oil that's coming from them. There are markets
out there. We just have to work – the federal government has to come through for
the people in this province.
Seals,
just to let you know, are eating a lot of our fish. We say there's 7.4 million –
DFO's estimate now; it could be a lot higher – harp seals that are here off
Newfoundland and Labrador right now. Estimates show that 7.4 million harp seals
in six days will eat the total amount of catch that we have in all our
fisheries, whether it's shrimp, crab, cod, you name it. It will take care of it
in six days.
That's a
huge problem. I think that us, as a province, and us, as people in this
Legislature, should be getting together and demanding that Ottawa step up
because the seals are the reason, I believe, that our fishery is in the state it
is today and I think –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. K. PARSONS:
I really believe –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. K. PARSONS:
I really believe it's
something we can do something about.
I think
all of us working together – and like I said, I spoke to my two colleagues
across the way and we agree that something needs to be done.
Thank
you very much, Mr. Speaker.
MR. SPEAKER:
The hon. the Member for
Baie Verte - Green Bay.
MR.
WARR:
Thank you, Mr. Speaker.
I thank the hon. Member on his comments, the hon.
Member for Cape St. Francis who just finished. We did have a wonderful
conversation and I'll refer to that a little bit later in my notes as well.
I guess before we get started, I always want to say
thank you to my District of Baie Verte - Green Bay for giving me the wonderful
opportunity to represent them here in this time-honoured building that we're in,
known as the House of Assembly. It's always a pleasure, Mr. Speaker, to
represent the good people there as well.
Just a short while ago, the Government House Leader, as
well as Members from the Opposition ranks, got up to thank the outgoing
Lieutenant-Governor, Frank and Patricia Fagan. I do want to thank them as well
at this particular point in time. They've been wonderful ambassadors in their
roles as Lieutenant-Governor. I certainly want to thank them for all that
they've done for us here in Newfoundland and Labrador.
I want to congratulate and
welcome our newest Lieutenant-Governor to be sworn in tomorrow, the hon. Judy
Foote, and her husband as well and family, and wish her all the successes. I'm
sure she will make us proud as well.
It gives
me pleasure to stand and speak to Concurrence. I had the opportunity to sit on
two committees. I had the opportunity to chair the Resource Committee. This
year, I sat on the Social Services Committee as well. I thank my hon. colleagues
for giving me that opportunity as well.
While I
spoke to the Resource Committee just a couple of days ago, the Resource
Committee represents the Departments of Fisheries and Land Resources; Tourism,
Culture, Industry and Innovation; the Department of Advanced Education, Skills
and Labour; and last, but not least, the Department of Natural Resources.
Mr.
Speaker, I'd be remiss if I didn't take the opportunity to thank the Members:
the Member for
Stephenville - Port au Port; the Member for Fogo Island
- Cape Freels, who's sharing the seat with me this morning; the Member for
Harbour Grace - Port de Grave; the Member for Exploits; the Member for St.
John's East - Quidi Vidi; the Member for Mount Pearl North; and the Member for
Conception Bay East - Bell Island.
Again, Mr. Speaker, those meetings of the Estimates
would have never have taken place without the help and guidance of our Table
Officers, the Broadcast Centre, our wonderful Pages who continuously do a good
job from day to day and the ministers and their departments. The last time I
rose to speak to the budget, I talked about the role of Estimates and the
wonderful education that it is. It really is, Mr. Speaker, when you get an
opportunity to sit down and look at the budgets, what was budgeted last year,
what was spent and obviously what the budget speaks to this year.
Members of the Committee and, in particular, the
Official Opposition and Third Party and our independent Member had the
opportunity to go line by line and discuss the budgets of that particular
department. I have to take my hat off to both those c ommittees
and the departments that were represented in both those committees this year.
The ministers went above and beyond to speak to any question that was asked of
them in the three hours that we did have for each committee.
particular, take for instance the Minister of Fisheries and Land Resources, I
know that we didn't ourselves finished on time and, cordially, he gave the
Committee extra time to make sure that they asked the questions that were
pertinent to this year's Estimates. I know they appreciate it as well. Mr.
Speaker, my hat is off to both those committees that I had the opportunity to
represent.
Mr.
Speaker, when I spoke to the budget the other day, I sort of finished off, I was
speaking to some highlights in my district, or highlighting opportunities
provided by this year's budget in my district, but I just want to take a few
minutes to discuss – I think, first of all, I'll talk about this year's ice
conditions. I know last year with the ice conditions that we had along the
Northeast Coast, which is where my district falls into – and you've all often
heard me say before I did have 42 communities in my district, of which 41 of
them are touched by the salt water. The community of Sheppardville is the only
community in my district that doesn't touch the salt water.
As you
know, fishery and aquaculture are huge in my area. Last year I remember, in
particular, the port of La Scie. La Scie used to be the home of a national sea
plant. They were processing many species at that particular point in time and
100 per cent employment in the community of La Scie. Actually, they had to go
out to outlying communities to fill their employment needs.
Today,
Mr. Speaker, it's probably one of the largest longliner ports in the province
and probably one of the largest offloading ports in Newfoundland as well. I know
last year, again with the ice conditions, we saw that port practically shut down
until well into mid-season and it was devastating. It was devastating for that
whole part of that Baie Verte Peninsula because in a good year, we have – and
you've heard me say that here in the House of Assembly before as well – anywhere
upwards to $350 million to $450 million of seafood that travels up over the La
Scie highway, up over the Baie Verte highway and on to plants throughout the
Island.
It goes
without saying that it was a huge downfall in that part of my district last
year, but things are looking good. I wish the crab and the shrimp were looking
just a good, Mr. Speaker, but unfortunately that is not so. Hopefully, the
harvesters will get an opportunity at least to fill their quotas.
I want
to talk about the aquaculture industry for a bit. We had the opportunity last
year to host an aquaculture summit in the area of the Member for Fortune Bay -
Cape La Hune and certainly in my area of Green Bay. It was an opportunity for me
to highlight to my colleagues that part of my district, especially in Green Bay
South.
We have
two harvesters in Green Bay South, Sunrise sea farms which is operated by the
Halfyard family and Badger Bay Mussel Farms which is operated by the Roberts
family out of Triton. I can't forget the mussel farms in Shoal Arm which are
operated by the Simms family out of Little Bay.
I shared
with some of my colleagues yesterday a picture that was on Facebook of the
mussels. It was low tide in Little Bay Islands. For those of you who saw those
pictures yesterday, it was absolutely amazing the amount of mussels that had
come to shore.
It's
just a wonderful industry, Mr. Speaker. I certainly want to highlight that.
There are lots of jobs that are created by that industry. I know in
The Way Forward document we are hoping to grow that industry to 8.3
million metric tons, and certainly we want to be a huge part of that.
I can't
leave the aquaculture industry, Mr. Speaker, without talking about a
post-secondary plant that I had the opportunity to visit in Triton. I spoke with
the owner, Mr. Jason Roberts, maybe just a short while after I got elected,
maybe sometime in mid-2016. He took me down to a plant that had never operated
and told me of his plans.
At that
time, I spoke with the hon. Minister of Fisheries and Land Resources and had the
opportunity actually to bring the Minister of Tourism, Culture, Industry and
Innovation to that part of my district, as I did the Minister of Municipal
Affairs had the opportunity to go down and visit that plant as well.
I'd like
to announce today the plant is up and running, doing an absolutely fabulous job.
I did bring in some product for my colleagues here in the House of Assembly to
share. There are some colleagues, Mr. Speaker, that are still waiting for their
product. They know I have it readily available for them to sample, and sample
they will: three types of mussels that they are processing out of that plant,
and bottling as well. We have mussels in garlic and vinegar, mussels in vinegar
and a mussel salad.
They
have 18 to 20 people working in that plant now. They have picked up a contract
with Sobeys enterprises. Just a little while ago, Mr. Roberts reported that he's
picked up a huge contract in Quebec as well. Things are looking up for the
mussel industry in that part of my District of Baie Verte – Green Bay, certainly
in the Green Bay South, Green Bay North area.
Mr.
Speaker, I only have a few minutes left and I want to touch on the Member for
Cape St. Francis, my good friend, on the seal fishery. I want to talk about – I
have an advocate of the seal fishery as a constituent in my district. I keep
reminding him he's forgotten more about the fishery than I'll ever know, and
that's Captain Wilfred Bartlett. Those of you who know Captain Wilfred Bartlett
will know his passion for the fishery. It goes without question, Mr. Speaker,
that Mr. Bartlett is – I don't know if he'd like for me to say his age, but I
can tell you that he's not 79 anymore, nor is he 80.
I tell
you, Mr. Speaker, he's a man who I have a deep respect for, especially his
opinions around the fishery. I shared some of those comments with the Member for
Cape St. Francis and the Member for Fogo Island - Cape Freels. We had a
wonderful conversation. I, too, agree with the Member for Cape St. Francis.
We've got way too many seals. I think we have a cull of a total of probably half
a million animals this year. Mr. Speaker, we won't take 100,000 animals. We're
not hurting the industry. I mean, the industry is actually hurting us when you
look at what it does to our groundfish industry.
We have a plant, Mr. Speaker, probably one of only a
few plants. I think there's one in the Member for Bonavista, in his district as
well, but one of the only few plants in Fleur de Lys as well. It's a busy plant
when there are animals that are harvested. Again, I agree with my friend with
regard to his comments on we have an abundance of seals.
We have people all over the world that, as a country of
Canada and Province of Newfoundland and Labrador, we're very generous to with
our support and our giving to these countries that are less fortunate than what
we are. Mr. Speaker, I see no reason why we shouldn't be harvesting an animal
that is depleting our stocks to help people all around the world. I agree with
his sentiments on that as well.
Mr. Speaker, I want to talk briefly on the forest
industry of which my district for centuries – I come from an area that has
harvested wood for hundreds of years. My own family's business, we were probably
one of Bowater's largest contractors for many, many years. I want to talk about
a business in my district, Arthur Fowlow Limited from South Brook that received
notice just two or three weeks ago with regard to the anti-dumping tariffs that
are being put on Canadian companies from the US government and –
AN HON. MEMBER:
(Inaudible.)
MR. WARR:
I will take my time, Sir –
from the US government and, Mr. Speaker, it's caused the demise of a company in
my district – one that was just recognized a few short years ago as contractor
of the year for the Kruger plant in Corner Brook and today they find themselves
out of business.
understand somewhat the decisions behind the Kruger company, but it was
unfortunate that those decisions weren't spread out over the three or four major
contractors that they have. Right now, we're going to have maybe 24 to 30 people
without employment. Some of those other workers have found employment through
the bumping system, I guess, in their unions.
Mr.
Speaker, like I said, I continue to work with the Minister of Fisheries and Land
Resources, I have brought my concerns to the Premier as well and, hopefully,
we'll see a light at the end of the tunnel with regard to that.
Mr.
Speaker, I hope that I get an opportunity to speak to this again. Like I said, I
want to thank again my colleagues for giving me the opportunity to sit on those
two committees. I appreciate the comments from my good friend from the lovely
District of Cape St. Francis.
With
that, I will take my seat and ask for the opportunity at a later time.
Thank
you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Government House
Leader.
MR. A. PARSONS:
Thank you, Mr. Speaker.
I would
adjourn debate on the Concurrence Motion that we were just debating.
At this
time, I would suggest we recess, but prior to doing so, I just to put on the
record for posterity, I'd like to wish a very happy birthday to the Member for
Bonavista today.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
In accordance with Standing
Order 9, this House is in recess until 2 o'clock this afternoon.
And
Happy Birthday!
Recess
The
House resumed at 2 p.m.
MR. SPEAKER (Trimper):
Order, please!
Admit
strangers.
In the
Speaker's galley today, I would like to welcome Ms. Sarah Lewis, who will be
mentioned in a Member's statement this afternoon. Sarah is joined by her
parents, Tracey Shave and Peter Lewis.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
I would also like to welcome
to the Speaker's gallery and recognize members of the Avalon
Chapter of the
Multiple Sclerosis Society. With us today we have Cindy Clouston, Peter
Clouston, Heather Mercer, Zita Kavanagh-Taylor, who is the Multiple Sclerosis
Avalon
Chapter Chair, and a very special guest, we have Buffy, who is a loyal
service dog belonging to Ms. Mercer. Buffy also acts at the society's mascot.
Welcome
to you all.
SOME HON. MEMBERS:
Hear, hear!
Statements by
Members
MR. SPEAKER:
For Members' statements
today, we will hear four statements from the hon. Members for the Districts of
Burin - Grand Bank, Bonavista, Cape St. Francis and St. John's East - Quidi
Vidi.
The hon.
the Member for Burin - Grand Bank.
SOME HON. MEMBERS:
Hear, hear!
MS. HALEY:
Thank you, Mr. Speaker.
Once
again the month of May is upon us, and with it, its annual and eternal offer of
hope.
With
hope being the central theme of the Multiple Sclerosis Society, it is fitting
that May be designated as MS Awareness Month, Mr. Speaker.
Yesterday was a very busy day. I had the pleasure of joining members of the
Avalon
Chapter of the MS Society for the signing of the proclamation, a
flag-raising ceremony to mark the commencement of this year's MS Awareness
Month, and the annual light up of the Confederation Building in commemoration of
this worthy cause.
I was
pleased to have been joined by Zita Kavanagh, Cindy Clouston, Heather Mercer and
the chapter's mascot, the petite and adorable service dog, Buffy, who are all
here in the gallery with us today.
There
are hundreds of individuals suffering from MS, Mr. Speaker, here in Newfoundland
and Labrador, but those are not individuals living without hope. I too am
hopeful one day a cure will be found.
Mr.
Speaker, I ask all Members to join me in thanking Zita Kavanagh and the Avalon
Chapter for their efforts in helping eradicate this terrible disease.
Thank
you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you very much.
The hon.
the Member for the District of Bonavista.
MR. KING:
Mr. Speaker, on Sunday, April
22, I was honoured to attend the CLB Trinity - Conception Battalion's spring
parade and church service. The Trinity East - Port Rexton Company hosted the
event and were joined by companies from St. George's, Harbour Grace - Carbonear,
Upper Island Cove, Bay Roberts, the Battalion youth band, the CLB Regimental
Band, RCSCC Clode Sound and local guiding units.
Under
the command of Major Wayne Lilly, the parade marched from Bishop White School to
Christ Anglican Church in Port Rexton. The service was presided over by Rev.
John Nicolle with a wonderful homily provided by Bishop John Waddon. One of the
highlights of the service was when the jam-packed church was educated on the
different uniforms of the CLB by both the young members and officers.
Many
honours and awards were presented, recognizing the hard work and dedication of
those who serve this wonderful organization. Congratulations have to be given to
2nd Lieutenant Michael Cooper who became the new Commanding Officer of the
Trinity East - Port Rexton Company.
Please
join me in congratulating the Trinity - Conception Battalion, and wish them many
more years of: Fighting the Good Fight. Keep the Flag Flying.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the
District of Cape St. Francis.
MR. K. PARSONS:
Thank you very much, Mr.
Speaker.
I rise in this hon. House today to recognize Sarah and
Nicole Power, two young women – cousins actually – from Logy Bay-Middle
Cove-Outer Cove who are making their mark on the Canadian acting scene.
Mr. Speaker, Sarah attended Ryerson University's
Theatre School and landed roles in many successful Canadian films and television
series such as Random Passage ,
Rosewood ,
The Good Witch , Schitt's Creek
and the Killjoys .
Nicole is a graduate of Sheridan College's Musical
Theatre Program as well as Second City Conservatory. She also performed across
the country in roles in productions of
West Side Story , Bonnie and Clyde ,
Legally Blonde ,
Evangeline and Anne of Green
Gables . Nicole is currently playing a role as Shannon Ross on the hit series
Kim's Convenience and was
nominated for a 2018 Canadian Screen Award.
Mr. Speaker, Sarah and Nicole Power are excellent
representatives of the amazing talent our province has to offer. I know they're
shining starts of their parents Sylvester and Eunice, and James and Chris Power,
and also to their grandparents and their entire families.
I ask all hon. Members to join me in congratulating these
young women on their achievements and wishing them continued success in their
acting careers.
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER: The
hon. the Member for the District of St. John's East - Quidi Vidi.
MS. MICHAEL:
Thank you very much, Mr. Speaker.
I'm delighted today to congratulate Sarah Lewis, a grade 11
student at St. Bonaventure's College, who was recently awarded the Lester B.
Pearson scholarship to attend the prestigious Pearson College in Victoria, BC.
Sarah was