April 18,

2011 HOUSE OF ASSEMBLY PROCEEDINGS Vol.

XLVI No. 17

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Today the Chair would like to welcome eight Grade 11 students from Cloud

River Academy from the District of The Straits & White Bay North. The students

are accompanied by their teacher, Mr. Adam Kelly, and their chaperone, Ms Lucy

Hiscock.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Speaker would like also to welcome three members from

the Canadian Housing and Renewal Association; Mr. Bruce Pearce, national

president; Ms Kate Moffatt, director; and Mr. Sheldon Pollett, Board Member.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

MR. SPEAKER: The following members' statements will be heard: the hon.

the Member for the District of Grand Falls-Windsor-Green Bay South, the hon. the

Member for the District of Baie Verte-Springdale, the hon. the Member for the

District of Kilbride, the hon. the Member for the District of Bellevue, and the

hon. the Member for the District of Trinity North, by leave.

I understand the hon. member has leave.

The hon. the Member for the District of Grand Falls-Windsor-Green Bay South.

SOME HON. MEMBERS: Hear, hear!

MR. HUNTER: Thank you, Mr. Speaker.

Mr. Speaker, I rise today in this hon. House to congratulate Art Fowlow

Limited of South Brook, in Green Bay South, as the top overall forestry

contractor in Atlantic Canada for 2010.

In selecting the top contractor for the region, the Canadian Woodlands Forum

evaluated a long list of items including safety performance, adherence to

forestry and environmental management policies and regulatory requirements, the

volume of wood harvested, the number of employees and the amount of equipment on

the operation, the use of new and innovative technology, and the overall

management of the business itself.

Art, along with his son Sterling, is the lead mechanic and manages the woods

operations. His son Gord, is the loader operator and the person who coordinates

the trucking aspect of the business. Carl Sheppard is the foreman on the

operation and the person who is responsible for the direct supervision of the

men and the day-to-day planning and layout along with thirty to forty other

employees.

This company is among one of Corner Brook Pulp and Paper's largest

contractors in terms of the amount of equipment. He has been harvesting pulp

wood and building roads for Corner Brook Pulp and Paper and its predecessor

Bowater Newfoundland since 1974.

I ask my hon. colleagues in the House of Assembly to join with me in

congratulating Art Fowlow, his family, and their employees on this exceptional

award.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Baie

Verte-Springdale

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: Thank you, Mr. Speaker.

It is with great pride that I rise in this hon. House today to acknowledge

and recognize the outstanding efforts of courageous individuals who each

captured a very prestigious title.

Mr. Lorne Head of the Baie Verte fire department, Mr. Craig Ward of the La

Scie fire department, Mr. Johnathon Edison of the Springdale fire department,

and Mr. Evan Haas of the Mings Bight Fire Department, each named Firefighter of

the Year'. These unselfish, brave individuals embody all the extraordinary

attributes of volunteers who everyday add something extra to our communities.

Their unwavering dedication, tireless efforts and unselfish service are

appreciated not only by their peers but also by their proud and supportive

communities.

Being named Firefighter of the Year' is no small feat, Mr. Speaker.

Accepting risk and going the extra mile is a normal occurrence for firefighters.

For that, Mr. Speaker, I humbly ask all colleagues in this hon. House to join

me in applauding their achievement.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Kilbride.

SOME HON. MEMBERS: Hear, hear!

MR. DINN: I stand in this hon. House today to congratulate the Grade 5

Girls Basketball Team from Goulds Elementary School who won the Grade 5

Provincial Basketball Championship on Saturday, February 19, 2011.

This provincial tournament was hosted by Goulds Elementary School and

featured teams from St. Francis of Assisi, Cowan Heights, and Newtown

Elementary.

After a very competitive and successful round robin, Goulds Elementary and

St. Francis of Assisi from Outer Cove faced off in the championship game. I

never in my day saw a more hard-fought game, with the final score being 27-26 in

favour of Goulds Elementary. Goulds Elementary was losing by one point when they

scored the final basket with nine seconds left in the game. Incidentally, this

Grade 5 team won the Provincial Grade 6 B Girls Championship the following

weekend in Mount Pearl.

Members of the winning team are Alisyn McGrath, Emma Power, Faith Freake,

Casey Prince, Grace Bennett, Hannah Locke, Jessica Duke, Julia Ridgeley, Kielly

Emberely, Lauren Ennis, Kaleigh Vaughan, Kaileigh Kinsella, Mackenzie Gordon,

Melanie Escott, Nikia Howlett, Sadie-Lynn Newell, and Tenille Lahey. Their

coaches were Renee Bennett, Kim Williams, and Manager Trina Power.

I ask all members of this House to join me in congratulating the team, their

coaches, and the parents who ran off this very successful tournament.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Bellevue.

SOME HON. MEMBERS: Hear, hear!

MR. PEACH: Thank you, Mr. Speaker.

I rise in this hon. House today to talk of the Community 5 Lions Club of

Dildo and their important role in blood collection.

Community 5 Lions Club has hosted a blood collection donor clinic for

thirty-five years. On an average, there are sixty units of blood collected at

each clinic, and the clinic is held six times per year. Each unit of blood

collected could save three lives. In calculation, 360 units per year works out

to 1080 lives per year, and 12,600 units for thirty-five years works out to be

37,800 lives over a thirty-five year period.

Mr. Speaker, I would like to recognize the individuals, Mr. Adolphus Smith

and Mr. Morley Reid for their long-term involvement. Mr. Adolphus Smith works as

a caretaker and as a Lions mentor and he organizes the building, the equipment

and all the preparations for the clinic. Mr. Reid also is a long-term organizer

and advocate for the blood donor clinic.

Also, Mr. Speaker, there are four other individuals who are approaching the

100 donation mark for giving blood.

I ask all hon. members of this hon. House to join me in congratulating the

Community 5 Lions Club for their dedication and commitment to the blood donor

clinic and to the individuals for their tremendous support and volunteering of

their time and blood to save lives.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Trinity North.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, I stand today, not just on behalf of Trinity

North but the entire Province of Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, I rise today to congratulate the Clarenville

Caribous the Allan Cup Champions for 2011.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, the Allan Cup was established in 1908 to be

awarded to the senior amateur hockey champions in Canada. The first trophy was

presented in 1908-1909 to the Ottawa Cliffsides.

This weekend past, the Clarenville Caribous won all four of their games to

become the Allan Cup Champions for 2011.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: I say to my colleague, the Member for Grand

Falls-Windsor-Buchans, the champions for all of Canada, not just Newfoundland

and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: I do want to acknowledge my colleague for Carbonear-Harbour

Grace because the Clarenville Caribous picked up some people from the Conception

Bay CeeBees to round out their team. They picked up some players from the

Carbonear-Harbour Grace area to round out their team, but they did make a major

contribution to the successful win on the weekend, so I thank my colleague, the

Member for Carbonear-Harbour Grace, for his gracious support and congratulating

the Caribous on their wonderful win.

Mr. Speaker, this is only the second time in the 103-year history of this cup

that a Newfoundland and Labrador team has actually won. The Corner Brook Royals

won it some twenty-five years ago in 1986. I say, Mr. Speaker, that winning team

in 1986 was made up of mostly mainlanders. This team, twenty-two of the

twenty-four players were born in Newfoundland and Labrador and products of the

Newfoundland and Labrador Minor Hockey System.

As an added bonus, Mr. Speaker, Clarenville goaltender, Jason Churchill, was

outstanding for the whole tournament. In fact, he received the Most Valuable

Player Award for the series. Jason, Mr. Speaker, is a product of the Clarenville

area Minor Hockey System.

AN HON. MEMBER: Did you coach him?

MR. WISEMAN: I did not coach him, no.

This was Clarenville's second trip to the Allan Cup. They played last year in

British Columbia and, obviously, that experience held them in good stead for

this year's championship.

Mr. Speaker, in the final game, they defeated the Bentley Generals of Alberta

5-3 in the championship game.

I would ask all members of this House to congratulate, on behalf of your

constituents and Newfoundlanders and Labradorians, the Clarenville Caribous on

becoming the Allan Cup Champions for 2011.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Human Resources, Labour and

Employment.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Thank you, Mr. Speaker.

I rise today to inform hon. members that the provincial government will

contribute $30,000 to support the Canadian Housing and Renewal Association's

annual congress, being held in our Province on May 2 to May 5, 2012.

Mr. Speaker, this is the first time in its forty-four year history that this

national non-profit organization will hold its annual gathering right here in

our Province.

The association represents those who manage and deliver housing programs in

communities across Canada, and it serves to strengthen and support the social

housing sector. Its members include housing providers, governments,

municipalities, associations, and individuals with an interest in housing.

As Minister Responsible for the Newfoundland and Labrador Housing

Corporation, I am very pleased to announce our support for this association. Not

only will the congress bring people from across the country to our Province, it

will also provide an opportunity for us to showcase what we have accomplished

through our Provincial Social Housing Plan, Secure Foundations.

The provincial government has made considerable progress in the provision of

affordable housing for those with the greatest need. The congress in 2012 will

be our opportunity, Mr. Speaker, to demonstrate our continued support for

affordable housing for families and individuals with the greatest need.

In addition, it will provide an opportunity for all of our stakeholders,

including our partner, the newly-established Newfoundland and Labrador Housing

and Homelessness Network, to lead the conference planning for this event.

Indeed, the current President of the Canadian Housing and Renewal Association is

Bruce Pearce, a well-known local advocate for affordable housing right here in

this Province.

I might add, Mr. Speaker, that Mr. Pearce and a number of others are here

with us in the gallery this evening, and I welcome them.

In closing, Mr. Speaker, I would like to say how pleased I am that our

government supports the hosting of the Canadian Housing and Renewal Association

Congress right here in Newfoundland and Labrador. In response to their

invitation, I look forward to an opportunity to join them later this year in

Regina where I can further extend an invitation to all other delegates across

Canada.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the minister for an advance copy of his statement. We are

pleased to hear that Newfoundland and Labrador will be hosting the Canadian

Housing and Renewal Association Congress next year for the first time in

forty-four years. Mr. Speaker, no doubt about it, affordable housing and

homelessness are huge concerns in the communities throughout our Province. We

hear so much about that, where we are looking and trying to get more affordable

housing for our residents.

Despite the rosy picture, Mr. Speaker, there are many challenges, however,

still left. There are a total at the present time of 1,030 people across this

Province on a current wait-list for housing. We always hear the poverty

activists continuing to highlight those concerns that we should have more

affordable housing, and that homelessness is on a rise in this Province and

something should be done about it, Mr. Speaker. Too many people in this Province

are struggling to get affordable housing. There are other issues through the

provincial repair programs as well as the disability component of it that should

be addressed.

I know it is twelve months away; we are glad that the conference is coming

here. I am sure it will be a tremendous success and we know that our hospitality

will be one thing that they all will enjoy when they come to our shores.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I thank the minister for the advance copy of his statement. Obviously, I am

very glad to see that the government is supporting the congress that will be

held by the Canadian Housing and Renewal Association next year. Having a

conference of that nature here in our own Province will mean that a larger group

of people, both from the not-for-profit sector, from the municipal and

provincial sector, will have an opportunity to take

part in what I know would be

an extremely educational event which will show people what is happening

elsewhere in this country and raise our hopes for what we can do here in this

Province.

The Canadian Housing and Renewal Association are an umbrella organization

that has tirelessly advocated for more affordable and energy efficient housing

to be built across the country. While I agree with the minister that some

progress has been made by this Province, we have a long way to go in terms of

the amount of affordable housing here in our Province and certainly housing that

is energy efficient.

A good start for the government would be to look at the recommendations of

the Newfoundland and Labrador Housing and Homelessness Network's housing and

homelessness framework that came out last October and start putting some of

those recommendations in place. I also hope the Province will become inspired to

set up a department dealing with housing, something which is a shame that we do

not have in this Province. What we have, Mr. Speaker, does not deal with housing

policy.

Thank you, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. FRENCH: Mr. Speaker, I rise in this hon. House today to acknowledge

the recipients of the fifty-ninth annual Arts and Letters Awards presented this

past weekend, and thank my colleague, the Member for St. John's East, for

representing government at that event.

The Arts and Letters Awards program was established in 1952. It recognizes

the creative talent of established writers, composers, and visual artists, as

well as young emerging talent throughout the Province. The program is

administered by a committee appointed by the Department of Tourism, Culture and

Recreation.

This year, the provincial government awarded more than $46,000 in prizes to

entrants in the categories of literary arts, including French, musical

composition, and visual arts. Of the almost 800 entries submitted to this year's

program, thirty-five awards were presented in the junior division to entrants

aged twelve to eighteen, and thirty-seven awards were presented in the senior

division.

With the top prize of $1,500, the Percy Janes First Novel Award is an honour

bestowed to a first-time novelist for his or her unpublished manuscript. This

year, it was awarded to Lee Burton of St. John's for the work titled, Raw

Flesh in the Rising.

Mr. Speaker, Newfoundland and Labrador has one of the most vibrant, cultural

communities in the country and boasts a wealth of talented artists who have made

their mark locally, nationally and internationally. Many of these artists gained

their first recognition through the Arts and Letters program. In fact, thousands

of professional and amateur artists from this Province have participated in this

program over the years.

I commend everyone who participated in this year's Arts and Letters program

and I congratulate those who have been honoured. Hats off to the creative spirit

we have right here at home in literature, music, and visual art.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I thank the minister for an advance copy of his statement.

If there is one area of endeavour that this Province has become famous for,

of course, is the arts. Our writers have been up for consideration for every

major national and international award, except for the Noble Peace Prize for

literature, and that is just a matter of time.

In the last year, for example, Kathleen Winter's novel, Annabel was

nominated for an Atlantic book award, the Gillard prize, and the Governor

General's Literary Award. This year, one Newfoundland and Labrador Poet, Richard

Greene won the Governor General's award for poetry for his book, Boxing the

Compass .

How do we get good writers, Mr. Speaker? We start them off early. They have

to start off early, they have to write often, and of course they need

encouragement to pursue it in their careers. That is what the provincial Arts

and Letters award is all about. It is encouraging young writers to get involved

and learn their skill and their craft and we certainly would endorse that

program.

Congratulations to all those who participated, and to all those who won

prizes and awards at this recent event.

Thank you.

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I thank the minister for the advance copy of his statement.

I am always pleased to speak to issues with regard to the arts, particularly

since my district of Signal Hill-Quidi Vidi, I think has the highest per capita

residents in the arts living in the district of anywhere in Canada. The minister

is nodding his head over there, so I am correct in my statistic. I do want to

congratulate the winners in this year's Arts and Letters Awards program, and

particularly Lee Burton, because that is quite an award that was received there.

It is true these awards often help the participants continue work in the

arts, as they receive positive critiques of their entries, and they do get small

monetary remuneration. Mr. Speaker, right now, we do not have adequate funding

for people in the arts. The per capita budget of the Newfoundland and Labrador

Arts Council is $4. Our arts council is the third-lowest funded council in the

country, with New Brunswick and PEI behind it. Ontario and Manitoba and others

are double that, at $8 to $10, and Quebec is at $12, Mr. Speaker.

I certainly hope the minister will listen to recommendations that will come

from the community forums held around this Province by the arts council. Our

artists are winning awards all over the world, and it is encouraging others to

visit our Province, and we need to support them.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

There is a silence penetrating the House today, it seems. It must be in

anticipation of the Budget coming tomorrow; everybody is waiting.

Mr. Speaker, my question is for the Premier and it is regarding Muskrat

Falls. I wanted to stay on the topic of excess power, because both the Premier

and Mr. Martin have made many contradictory statements about it. In our last

briefing with Nalcor, Mr. Martin clearly stated that if there are sales of

excess power the money will not be used to reduce the rates that people will pay

in Newfoundland and Labrador. When I asked the Premier, Mr. Speaker, she also

indicated that it would be a decision of the government of the day.

I ask why, Premier, you would not commit to use any revenues from excess

power sales to offset the cost of Muskrat Falls power to ratepayers in

Newfoundland and Labrador?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, first let me correct what the Leader of the Opposition just

stated, because I have checked with all of the officials who attended the

briefing that Nalcor gave to the Leader of the Opposition and members of the

Opposition Party.

Mr. Martin did not state anything with regard to the sales of electricity and

what those funds might be used for. What he did point out was, that was a policy

decision that belonged to the government, Mr. Speaker, and he was absolutely

correct in saying it. He would not make a decision. Nalcor will not be

responsible for that decision, Mr. Speaker. That has to be made by the

government of the day.

Now, Mr. Speaker, we are not going to predict what is going to happen in

2016. In 2016, once Muskrat Falls is online and generating electricity and we

have sales, then the government of the day will make a decision with regard to

that policy.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, the reality is Nalcor will not use the money to pay down the

cost for ratepayers in this Province and the Premier is saying that any sales

from excess power will not go back to offset the ratepayers in Newfoundland and

Labrador.

I ask the Premier today: Why is it that any power sales in excess power on

Muskrat Falls, why is it that that money will not go to subsidize ratepayers in

Newfoundland and Labrador who are being asked to pay for 100 per cent of this

project?

MR. SPEAKER: Order, please!

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, it is reassuring to know that the Leader of the Opposition

certainly does not believe that she is going to be here in 2016 to make such a

policy decision.

Mr. Speaker, we may make a decision in 2016 to use the money received from

excess power sales to lower electricity rates here in the Province. We are not

about to make that decision today, Mr. Speaker, because we will need to know

what is happening in 2016; lowering electricity rates across the board, Mr.

Speaker, in such a way as she suggests often benefits the wealthy more than they

do anybody else.

Mr. Speaker, perhaps it might be a better investment for us to do for the

working infrastructure, poverty reduction, or a dozen other initiatives that

will be supported by the government of the day.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

The government has not provided the evidence to back up that there is a

shortage of power on the Island. They have not been able to provide any

indication that Muskrat Falls power is economical for the people of Newfoundland

and Labrador. One of the things that was confirmed is that Nalcor's price on

Muskrat Falls will include a profit for the corporation.

I ask the Premier today: Why is it okay for Nalcor to earn a profit as a

corporation but the people in this Province will have to spend more for

electricity?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, Nalcor is owned, lock, stock and barrel, by the people of

Newfoundland and Labrador. There is only one shareholder in Nalcor, Mr. Speaker.

Whatever that utility and that oil and gas, company and other different

subsidiaries earn, Mr. Speaker, belongs to the people of Newfoundland and

Labrador and will be used for the functioning and running or paying down of debt

of this Province when it is appropriate to do so.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

The Premier is forgetting that she is selling off 29 per cent of our

transmission in this project to a private company in Nova Scotia, to Emera

corporation, Mr. Speaker, so we will no longer 100 per cent own energy

transmission in this Province.

Mr. Speaker, the environmental panel looking into the Muskrat Falls Project

wrapped up its hearings last week. One of the last speakers was Philip Raphals

of the Helios Centre which is an environmental think-tank. Mr. Raphals said that

your project is very unusual in that even after Muskrat Falls is paid for,

electrical rates will not go down. His question, I think, goes to the very heart

of this particular project, the real reason why you are developing Muskrat

Falls.

I ask you today Premier: Why is it that the people of Newfoundland and

Labrador will not gain cheap energy, but Nalcor will gain a profit

MR. SPEAKER: Order, please!

MS JONES: - Emera Energy will gain a profit, and Nova Scotians will get

cheaper power?

MR. SPEAKER: Order, please!

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, Nalcor belongs to the people of

Newfoundland and Labrador. So, Mr. Speaker, when Nalcor does well, so do the

people. Whatever profits they earn belong to the people and will be applied to

the needs of the people one way or the other. Policy will direct that, Mr.

Speaker.

Yes, Mr. Speaker, generation of electricity is a regulated activity in this

Province. People have an opportunity to invest in transmission infrastructure.

Emera has taken advantage of that, Mr. Speaker, and they will get a regulated

rate of return from that, set by the PUB in the same way that Newfoundland and

Labrador Hydro does, and in the same way that Newfoundland Power does.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Nalcor might be owned by the people, but the people did not have a say in

putting $23 million in a hole in the oil for looking for oil in Parsons Pond.

Nor did they have a say, Mr. Speaker, on whether their light bills should be

doubled up or not in this Province.

Mr. Speaker, for several years the Coalition for Alternatives to Pesticides

has been asking the provincial government to implement a ban on cosmetic

pesticides in the Province. Mr. Speaker, they have made representation to the

government and the minister. The minister claims that he needs to do due

diligence on this file and he needs some time to have a look at it, although he

has been aware of it since he has been the Minister of Health.

I ask the minister today: What sort of commitment are you prepared to make on

banning cosmetic pesticides in the Province of Newfoundland and Labrador?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

As I have said to the environmental groups who have come in to have a chat

with me about this issue because it is something that has been talked about a

lot in Newfoundland and Labrador in recent years and because it is an important

issue, I need to make sure that we fully understand the issues at hand, the

implications of making any change in any legislation we have on the books in the

Province.

The commitment I have made to them, that as a department we are in a process

of doing some due diligence, evaluating the question at hand and when we are

ready, I said I would bring forward to my Cabinet colleagues a recommendation as

to how we might proceed as a Province. When that exercise has been concluded,

Mr. Speaker, then we will be in a position to make an announcement for the

people of the Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

This issue has been going on for the last two or three years, government has

been aware of it. It is supported, Mr. Speaker, by the Canadian Cancer Society,

by the Newfoundland and Labrador Medical Association, the Nurse's Association,

the Lung Association. There are many other groups, the Federation of

Municipalities, even three of the largest cities in the Province, Mr. Speaker,

have looked at this particular issue and supported it.

I ask the minister today: Will you not make a commitment to this particular

group as it relates to cosmetic pesticides and will you do it in the course of

the next few months?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

I thank the member opposite for listing off all of those who have an interest

in it because it speaks to the sensitivities around the issue; it speaks to the

complexity of the question and the issues that have been raised by those

particular members and those organizations that they represent.

Let me repeat what I said a moment ago, Mr. Speaker, it is an important

issue. It requires a lot of consideration. There are a number of implications in

making any policy change in the Province and any time we introduce legislation

as a government it is not done frivolously. It is done as a result of a lot of

analysis, a lot of due diligence on our part. When we bring something to this

House and introduce something to the Province of Newfoundland and Labrador,

Newfoundlanders and Labradorians can be assured it has been well analyzed, we

have done our due diligence and we will make the appropriate decisions in the

best interest of Newfoundlanders and Labradorians.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Over the past weekend, I think between Bell Island and The Strait of Bell

Isle there has been nothing only a ferry nightmare, not a fairytale I say to the

minister. As you know, Mr. Speaker, on the Strait of Bell Isle service today the

Apollo was up for a mechanical refit and they have the Astron on,

which is carrying freight and tractor-trailers because it is the only vessel

apparently available in the Province and passengers are being flown in and out

of the area. It is less than ideal and it has not worked well over the last few

days.

Mr. Speaker, government is aware of the gaps that exist in this service. They

went to tender two years ago and could not find a ferry.

I ask the minister today: What is the long-term strategy of your government

to replace the ferry service on the Strait of Belle Isle with an appropriate

service that people can depend upon for year-round service?

MR. SPEAKER: Order, please!

The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Thank you, Mr. Speaker.

Again, I remind the hon. member on the other side I am not a fairy godfather

either. I just cannot out of the blue pick a ship or a boat. They are simply not

available.

Now, with regard to the Straits service, as the member knows, basically this

government has made a commitment to do a pilot project to explore ways in which

we can do fifty-two weeks of the year with regard to the Straits service right

now and over the last number of weeks. When we get that done, obviously,

decisions will be made and they will be relayed to the people of the Straits and

of Newfoundland and Labrador.

At this particular time, Mr. Speaker, I am not in a position to go any

further.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I want to ask the minister, because this particular contract went to tender

two years ago. There was no suitable vessel that could be found outside of the

Apollo , which is an aging vessel at this stage.

I ask the minister today: Are you and your government prepared to make a

commitment to have that ferry replaced on the Strait of Belle Isle, either by

having a new ferry constructed or finding another ferry in our system? Are you

going to wait for the next two years for the contract to expire before you do

anything with it?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Again, I say to the hon. member opposite, it was her

government that made the deal to put the Apollo in. I would say, Mr.

Speaker, that it has been one of the most dependable ferries we have in our

service. I do not think the member can deny that.

We know that there is a shelf life to every vessel. We know that we do and

will have to make a decision as to where we are going. As I pointed out, that is

not a decision that you can make overnight. That is a decision that is going to

take a lot of debate, discussion, and consultation. This pilot project is

leading us down the road to that.

When we get the information that we require and I require in order to bring

it to government, I will do so.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

We have no regrets about choosing the Apollo , and she has served the

people of the area well, but the reality is the ship is aging. It needs to be

replaced. Mr. Speaker, the people need a commitment from their government to

make that happen.

Mr. Speaker, the people on the North Coast of Labrador have had to depend

upon the aging Northern Ranger as a passenger service, and other vessels to

bring freight into the area. We have received a number of complaints from the

North Coast over the last number of years around this configuration of ships for

their area. They are asking that there be a different configuration, that there

be one ship to service the northern region of Labrador that can handle freight

and passengers.

I ask your government: Are you committed to ensure that there is a stable

service on a go-forward basis with a new configuration of ships for the North

Coast of Labrador?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Mr. Speaker, we have been working closely with the people

of the North Coast and presenting to them what options we need to look at,

direction that we need to go in, and this year we have certainly responded with

four new contracts. These contracts are going to be taken over by different

providers. As well, we do have a different freight boat going up, the Dutch

Runner. Again, we are moving forward, Mr. Speaker, but again, as I pointed out,

we are moving forward but moving forward making sure that we are making the

right decisions because this is a very critical service to the North Coast, to

all of Labrador, and for Newfoundland and Labrador. We will continue to do our

due diligence to make sure that we are making the right decisions.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, as highlighted by the Auditor General's report, government spent

millions of dollars on fibre optic cable strands which, to date, remain unlit or

unused. With the government's broadband strategy on hold, residents, families,

and businesses in rural Newfoundland and Labrador are placed at a serious

disadvantage in today's information-based economy and our reliance on technology

to connect. Everyday, Mr. Speaker, we receive calls and e-mails from communities

across the Province: in my district; Hawke's Bay; Brown's Arm; Bellburns;

neighbouring communities and so on, that do not have high-speed access and have

to rely on antiquated dial-up access to the Internet.

I ask the minister: What can you tell these communities and the thousands of

people in our Province who do not have high-speed Internet, about when they can

expect the same basic services as those in other parts of the Province?

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, the provincial government can neither mandate nor regulate, nor

order a carrier to deliver high-speed Internet anywhere in this Province. As

much as we might like to do that, that, unfortunately, is not our mandate. That

mandate is completely beyond our jurisdiction.

This particular industry is federally regulated, Mr. Speaker. Having said

that, it is important to point out as well that we as a government work closely

with the federal government. In fact, I have spoken to Minister Tony Clement and

I have indicated to the minister that we need further strategy. In the meantime,

Mr. Speaker, we have invested, by means of trying to stimulate that particular

access, some-$20.6 million in the infrastructure needed for this Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Mr. Speaker, we realize the government has made investment, and

the people of the Province are frustrated with the lack of high-speed Internet.

Retailers on the Northern Peninsula have joined the course of residents,

students, and families who are calling on government to stay with its commitment

identified in the 2006 innovative strategy and roll out broadband access to all

areas of the Province.

Mr. Speaker, according to a CBC news story back on March 2, planned changes

to phase out the outdated dial-up could leave retailers in rural communities in

the technological Dark Ages unable to process purchases if they do not get

high-speed Internet connection.

Again, I ask the minister: Will you live up to your commitment, step up to

the plate and make high-speed connection mandatory in all areas of our Province?

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, again, I wish that we could mandate high-speed Internet in all

areas of this Province, we cannot. It is beyond our jurisdiction, but what we

have done is that we have invested $20.6 million to date in particular

infrastructure.

AN HON. MEMBER: Nothing to show for it.

MS SULLIVAN: Nothing to show for it, I am hearing from across the room

here, Mr. Speaker.

Let's talk about the fact that since 2006 we now have 80 per cent of the

Province with high-speed Internet connection.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: We have 95 per cent of Labrador with high-speed Internet

connection, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Mr. Speaker, this is an issue across Canada.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS SULLIVAN: Eight hundred thousand households, rural households in

Newfoundland and Labrador, Mr. Speaker, do not have that kind of connectivity.

This is not an issue simply for here. Mr. Speaker, where once there were only

114 communities connected, we now have 450

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Personal care homes in the Province are suffering at the hands of this

government. We have raised this issue on numerous occasions and today we raise

it again in hopes that the minister will do the responsible thing and make some

changes to help, instead of harm, the small rural personal care homes in the

Province.

I ask the minister: Will government commit to giving an appropriate increase

in the rental rates so that the personal care homes can provide what government

is legislating them to do currently?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, thank you, Mr. Speaker.

By last count, we had ninety-seven personal care homes in the Province. They

are private businesses which look after patients who are classified as requiring

Level I and II care. There are 3,910 beds, Mr. Speaker, with a very high vacancy

rate. Since 2004, this government has increased the personal care home subsidy

rate by $604 a month, from $1,172 to $1,717.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: We provided equalization grants in 2006. We provided money

to install sprinkler systems, Mr. Speaker, and we have created more than 1,000

affordable subsidies since 2005. Do you know what, Mr. Speaker? On March 31, we

announced $1 million to fund personal care homes in remote locations with

isolation grants.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

The minister also knows that they have implemented legislation which is

costing these homes a lot more in order to meet the requirements that you are

outlining for them. As a result of it, Mr. Speaker, they are not able to

continue to operate on the grants they have. In addition, they have been subject

to clawbacks by the federal government. As a comparison to the rest of Atlantic

Canada, it shows that our personal care homes have the lowest subsidized rate,

the highest minimum wage, the highest staff to resident ratio, and yet they are

compensated the least.

I ask you minister, we are at a turning point and some of our homes will

close if government does not provide additional funding. I ask you minister:

Will your government finally commit to providing funding for these personal care

homes that is adequate for them to meet the needs of our aging seniors and

others who need to find housing in these homes?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

During the last summer, I had the opportunity of visiting a number of these

personal care homes throughout the Province. Mr. Speaker, a very sociable

atmosphere, a lot of them were very modern facilities.

Mr. Speaker, we have invested, as a government, $20 million in the personal

care home sector since 2004. As I have indicated, we have now increased the

personal care home rate from $1,138 to $1,717 since 2004. Recently, Mr. Speaker,

on March 31, we announced $1 million in isolation grants. Mr. Speaker, the rules

will be laid out in terms of these smaller personal care homes can access this

money, but essentially in this Province we have bigger homes which are

considered to be more than fifty beds and we have smaller homes. So, the million

dollars on March 31 will be able to help the smaller personal care homes in

rural communities continue to exist.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I would also like to ask the minister about the community care homes which

are supportive homes that provide services to clients with severe and persistent

mental health issues. This is an Eastern Health program. There are approximately

170 patients living these homes and the current funding levels do not meet the

current financial needs of the home owners. It has been brought to government's

attention on numerous occasions, yet government has failed to provide the

adequate level of funding.

I ask the minister: Why have you failed to meet the needs of community care

homes that are out there providing these services to people with mental health

issues?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, there are, to the best of my knowledge,

fourteen community care homes in the Province with 186 beds; 177 of those beds

are currently occupied. These community care homes can have anywhere from three

to twenty-two adults in their facilities. Ten of the community care homes have

less than fifteen residents. They avail of the same subsidy rates, Mr. Speaker,

as the personal care homes. Again, I can indicate that since 2006 we have

increased the personal care home rates up to $1,717 a month.

Mr. Speaker, we have been looking at personal care homes, we have been

looking at community care homes, and we have invested significantly to the tune

of $20 million over the last number of years to improve the financial viability

of these homes.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

The minister knows that a home with six beds in this Province is paid $9,864

a month from the government. The cost of government's regulated wages alone cost

nearly $8,000. That does not include any other expenses such as their food,

their heat, their light, their maintenance, and their repairs. The association

has opened their accounting books to you and they have proved their financial

hardship to you time and time again

I ask the minister: Why are you choosing to ignore these patients by not

providing the necessary levels of funding to the community care homes as they

are requesting?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, the personal care homes and the community care

homes play a vital role in helping us as a government look after our aging

population. As I have indicated, Mr. Speaker, the personal care homes have up to

3,910 beds in the Province and there are ninety-seven personal care homes. Then

we have our fourteen community care homes with 186 beds.

Mr. Speaker, we come back to the basic point that this government has

invested significantly from $1,112 to $1,717 in the subsidy. That is more than

$604 a month over a period of six or seven years. There was, in 2006, $3 million

invested in the funding for the sprinkler systems. We have increased the subsidy

rate to address the issue of the equalization rate. So, we have addressed,

significantly, the concerns of these homes.

Mr. Speaker, I say to the Leader of the Opposition: I am well aware of the

issues

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, the Speech from the Throne said that government would be

announcing in this year's Budget an initiative for infant care with a potential

for increasing child care spaces. Mr. Speaker, the potential of creating spaces

is not enough.

Over the weekend, we heard that twenty parents in Mobile lined up overnight

so they could register their children in a new daycare centre in their area.

This facility can take forty children, and already there is a waiting list.

Mr. Speaker, could the Premier explain what she means by merely hoping to

have more child care spaces when there is clearly a crying need?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

All I can say to the Leader of the Third Party is she is going to have to

keep her powder dry for another twenty-four hours, and then all will be

revealed.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

Well, the government has been announcing already some of the stuff in

tomorrow's Budget, so I am going to keep pushing because I do not want to wait

the twenty-four hours and I do not think the parents on the Southern Shore or

elsewhere in the Province want to wait twenty-four hours either, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS MICHAEL: So I am asking the Premier: Tell the parents in Mobile who

waited overnight what she would have to say to them with regard to others

needing spaces. What is her message for them? Where is government's plan for

more child care spaces, Mr. Speaker?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

I thank the hon. member for her question because it gives me the opportunity

to highlight actually what we are doing in Mobile.

Mr. Speaker, this government invested $58,000 in developmental funding for

that facility and we have also committed $266,000 for the start-up of the

program. We are in discussions right now with ongoing funding, Mr. Speaker. This

is to create forty-eight very much needed spaces

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JOHNSON: not forty, as the member opposite indicated. Yes, there

were twenty lined up, and there are twenty-eight more spaces available.

Since we came into power in 2003, Mr. Speaker, we have increased the number

of child care spaces by 50 per cent, we have increased the number of child care

subsidies by 72 per cent, we have increased the child care subsidy rate, and I

will keep on going when she asks the next question, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, the government continues to come up with short-term plans and

bits and pieces. We have a patchwork quilt when it comes to child care -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS MICHAEL: What we need to see is a real plan for child care, not more

of the list that the minister has come up with. So, can she please tell this

House what the plan is for universal child care in this Province?

Thank you, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, if there is one thing for certain, this government and th0is

Premier and myself, as minister, are very committed to child care in this

Province.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: It is extremely important when it comes to the economy, when

it comes to providing opportunities for women to be in the workplace, and

extremely important for the child's development itself, Mr. Speaker.

These things are not short-term; 168 spaces that we have created since 2006

with the child care capacity initiative, with the other 400 that I have on the

books that you will hear lots of announcements about in the very near future and

with what we are about to announce in the Budget, certainly is not short-term.

We also are committed to a ten-year strategy, Mr. Speaker, and there are lots

of good things to come. In the words of the famous Minister of Finance: stay

tuned.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The time allotted for questions and answers has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Tabling of Documents

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Thank you, Mr. Speaker.

Mr. Speaker, in fulfilling government's commitment to being transparent and

accountable to the citizens of Newfoundland and Labrador, it is my pleasure to

table the 2010 annual report for Chicken Farmers of Newfoundland and Labrador.

This report provides an overview of key activities and financial statements of

the board for the 2010 fiscal year.

Thank you.

MR. SPEAKER: Further tabling of documents?

The hon. the Minister of Transportation and Works.

MR. HEDDERSON: Mr. Speaker, I would like to table information in the

House today to correct a miscalculation which occurred in a record of the

government's vehicle fleet. The document I table today shows the quantities of

purchased vehicles from April 2008 to March of 2011.

Where I have previously stated the total number of cars and SUVs purchased in

this time frame was 125, we actually purchased seventy-six; thirty-one of which

were hybrid. The document I table today contains the correct number of total

vehicles and hybrid vehicles purchased illustrating that this government has

purchased 41 per cent energy-efficient vehicles, exceeding its target of 25 per

cent, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further tabling of documents?

Notices of Motion.

Notices of Motion

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury

Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you, Mr. Speaker.

I give notice that I will move the following motion: that this House approve

in general the budgetary policy of the government.

Mr. Speaker, I give further notice that I will move that the House resolve

itself into a Committee of the Whole on Supply to consider a resolution for the

Granting of Supply to Her Majesty, Bill 30.

Thank you, Mr. Speaker.

MR. SPEAKER: Further notices of motion?

The hon. the Member for The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Pursuant to Standing Orders, I am pleased to stand and present the private

member's motion for Wednesday. It is moved by myself, the Member for The Straits

& White Bay North, and seconded by the Member for Cartwright-L'Anse au Clair. I

would like to read it into the minutes:

WHEREAS the fisheries historically has been the basis for the economy of

Newfoundland and Labrador and can continue to contribute to growth and

employment under sensible and prudent management; and

WHEREAS the provincial government has failed in their MOU process. Once the

cornerstone of this government's fisheries policy, this process has been

abandoned by this government and the minister of fisheries; and

WHEREAS rationalization in the fishing industry is proceeding whether or not

this government is prepared to receive and manage these changes; and

WHEREAS restructuring is already proceeding, including fish plant closures

and license transfers, affecting people's livelihoods and the economic viability

of rural communities; and

WHEREAS it is the responsibility of government to manage the social effects

of these serious economic changes and only immediate action will ensure the

long-term survival of our harvesting and processing sectors;

THEREFORE

BE IT RESOLVED that this House calls on government to consider

establishing policies centered on the prudent long-term management of the

fisheries including: the aggressive pursuit of a joint management regime with

the federal government including securing custodial management of the Nose and

Tail of the Grand Banks; cooperation with industry to develop and implement a

comprehensive long-term marketing strategy aimed at promoting the Province's

seafood industry with a goal of increasing sales in world markets; promoting the

utilization of a variety of marine species in food processing, as well as new

industrial uses of marine products in pharmaceuticals, biomedicines, and other

chemical products; forming partnerships with industry to implement an

international procurement program to secure primary seafood products for local

seafood processing plants; and committing to a program of adjustment for older

workers and a comprehensive voluntary cost-shared harvesting license

consolidation program.

Thank you, Mr. Speaker.

MR. SPEAKER: Further notices of motion?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I rise today to present a petition relating to the banning of pesticides in

Newfoundland and Labrador. This petition has been circulated and delivered to

the House of Assembly through the hard earned efforts of concerned citizens out

there throughout our Province.

Mr. Speaker, I will read the prayer of the petition for the record of the

House of Assembly.

To the hon. House of Assembly of the Province of Newfoundland and Labrador in

Parliament assembled, the petition of the undersigned residents of Newfoundland

and Labrador humbly sheweth:

WHEREAS as far back as 1999 the federal Commissioner of the Environment and

Sustainable Development stated in his annual report that "pesticides in the

environment have been linked to lung diseases, reproductive problems and birth

defects, developmental disorders, allergic reactions, lowered resistance to

disease in humans, and cancer"; and

WHEREAS as far back as 2002 the City of St. John's, the largest municipality

in the Province, in a letter to the provincial government asked that the City of

St. John's Act be amended to permit the City to ban the cosmetic use of

pesticides if the provincial government is not prepared to do so; and

WHEREAS in November 2009 Municipalities Newfoundland and Labrador passed,

unanimously, a resolution presented by the City of Mount Pearl calling on the

provincial government to enact a ban against the use of pesticides for cosmetic

purposes in Newfoundland and Labrador; and

WHEREAS the City of Corner Brook has implemented a voluntary ban on the

cosmetic use of pesticides; and

WHEREAS the City of St. John's has not used pesticides on recreational areas

since 1995 and in 2010 issued the following public advisory: "To protect the

health of our citizens, especially young children, City Council recommends that

the general public avoid the use of pesticides on lawns and gardens for cosmetic

purposes"; and

WHREAS in February 2009 the Canadian Cancer Society-NL, the Lung

Association-NL, and the Newfoundland and Labrador Medical Association all wrote

the Minister of Environment and Conservation expressing support for a

Province-wide ban on cosmetic pesticide use; and

WHEREAS in June 2009 the above-named organizations wrote to both the Minister

of Environment and Conservation and the Minister of Health and Community

Services, this time on behalf of a provincial coalition of health and

environmental organizations and concerned citizens, encouraging "the drafting of

provincial legislation that will prohibit the sale and use of cosmetic

pesticides" and stating that "the precautionary principle places the onus on

government to explain why they are not acting to protect us from the unnecessary

health and environmental risks posed by the cosmetic use of pesticides"; and

WHEREAS bans against the use of pesticides for cosmetic purposes in Canadian

municipalities (over 170 at present) and provinces (Ontario, Quebec, New

Brunswick, Prince Edward Island, and Nova Scotia) now protect the health of

almost 80 per cent of Canadian citizens; and

WHEREAS Newfoundland and Labrador is now the only Atlantic Province without a

ban on the sale and the use of cosmetic pesticides;

THEREFORE, we, the undersigned, call on the House of Assembly to urge

government to enact legislation in 2011 modeled after Ontario's Pesticides Act,

banning the use of pesticides for cosmetic purposes in the Province of

Newfoundland and Labrador.

And as in duty bound, you petitioners will ever pray.

Mr. Speaker, this petition is signed by thousands of people from across

Newfoundland and Labrador, people who come from not just the St. John's and the

Mount Pearl area, but communities all across the region, like Conception Bay

South, and Burgeo, and Heart's Delight, and Clarke's Beach, and Corner Brook,

and Humber Valley, Whitbourne, Torbay, Carbonear. Mr. Speaker, there are

hundreds of communities, I think, that are listed in this particular petition,

and they are calling on government to do what other leaders in our Province have

had the foresight to do already. Like the Cities of St. John's, and Mount Pearl,

and Corner Brook.

They have been asking the government since 2009 to take this issue seriously.

MR. SPEAKER: Order, please!

I remind the hon. member that the time for presenting petitions is three

minutes, the member has been speaking for four and a half minutes already. I ask

her to conclude her remarks.

MS JONES: Thank you, Mr. Speaker.

May I, by leave, clue up my petition?

MR. SPEAKER: Does the hon. member have leave?

MS BURKE: To clue up.

MS JONES: Thank you, Mr. Speaker, and I appreciate the House giving me

the time; it was a long prayer in the petition.

Mr. Speaker, they have been asking the government since 2009 to take this

issue seriously, while other provinces across Canada have already implemented a

ban to protect the health of their residents and the people who live in their

Province, it is what they are asking the government in Newfoundland and Labrador

to do as well. The legislation, Mr. Speaker, varies from province to province,

and there have been times when exemptions have been afforded. I am sure they

would be open to discussions with the government on how far the legislation

should go and what should be contained in it.

At this stage, they have allowed the government the past three years to

examine this particular policy, to look for a way to bring forward some

innovative legislation that would fall in line with what other provinces in

Canada are doing, and what other cities in our own Province are doing. They are

asking the government to take this issue seriously, and to act immediately.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions.

The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I rise today to deliver my second petition with respect to the issue of the

Harmonized Sales Tax on home heating bills.

The petition of the undersigned residents humbly sheweth:

WHEREAS the people of Newfoundland and Labrador pay the government Harmonized

Sales Tax on home heating bills; and

WHEREAS this tax is causing great hardship to low-income families throughout

the Province; and

WHEREAS the residents of this Province demand that our government remove the

provincial portion of the Harmonized Sales Tax from home heating bills;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the

House of Assembly to urge government to remove the provincial tax from home

heating bills.

As in duty bound your petitioners will ever pray.

Mr. Speaker, I have received dozens of these petitions from my District of

Burgeo & La Poile. I understand there is another one being circulated

provincially as well. It is obviously a matter of great concern and grave

concern for, particularly low-income families who are having a tough time, those

who are burning fuel. Any break they could get from this government would be

greatly appreciated.

The Minister of Finance, of course, as everyone in this Province knows, is

about to deliver his Budget tomorrow. Maybe there will be some goodies in that

regard in the bill that might help these people and provide some form of relief

for them as well.

I have heard different parties, the other Opposition party as well, putting

forward this particular petition. A lady in my District of Burgeo & La Poile has

been very outspoken on it, Ms Elizabeth Harvey who lives in Isle aux Morts. As

anyone who has heard that name before knows, Ms Harvey is the type of individual

that if she takes hold of a matter, she gives it her all. She is there to

promote it and to make sure that ultimately something positive happens. She is a

person who is not self-serving, who is there for everyone else and to volunteer

and help out on these matters, particularly when it comes to affecting

low-income families.

I am more than pleased to enter this petition on her behalf. Hopefully, we

can see government respond in some kind of positive way. I see the Minister of

Finance is signalling for a copy of the petition. I certainly would concur with

that. In fact, if he wants, I can put him in touch personally with everybody who

is listed on this petition, no question.

Thank you.

MR. SPEAKER: Further petitions?

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I rise today to present a petition on behalf of the residents of Labrador who

are asking the government to do something with the gravel roads that exist in

their region. In fact, Mr. Speaker, they are asking the government to take

seriously the condition of the road, to address it, and to put a long-term

strategy in place for the paving of that section. It reads:

WHEREAS the Trans-Labrador Highway is a vital transportation lifeline for the

Labrador communities, providing access, generating economic activity, and

allowing residents to obtain health care and other public services; and

WHEREAS Route 510 and connecting branch roads of the Trans-Labrador Highway

are unpaved, in deplorable condition and are no longer suitable and safe for the

traffic volumes that travel this route; and

WHEREAS Labrador cannot afford to wait years or decades for upgrading and

paving of their essential transportation route; and

WHEREAS the petitioners ask the government to provide additional funding for

the much-needed improvements to Route 510 and connecting branch roads of the

Trans-Labrador Highway.

Mr. Speaker, this petition, I have been presenting it as they come into my

office, as they are coming in from communities all over Labrador. At least from

the areas from L'Anse au Clair right to Labrador City and Wabush. Mr. Speaker,

what the people are asking is for government to invest in the gravel roads in

the area and to bring them to a standard that can be useable because right now

it is a huge concern.

Mr. Speaker, they are asking the government to deal with this issue. We are

hoping we are going to see some monies in the Budget tomorrow, because we know

this is one of the last gravel highway sections left in the Province. We know

there are hundreds of kilometres of gravel road here. We realize there are

thousands of people who travel over that highway every single day for all

reasons, Mr. Speaker, and they deserve to have a good standard of road.

Today, Mr. Speaker, people are beating up their vehicles. Right now, as I

speak, the road between Red Bay and Lodge Bay in particular is in a deplorable

condition. There are nothing only ruts and potholes everywhere in this

section

of road. There are sections of road that extend right on up to Goose Bay where

the road is really soft, where there are big trenches being made in the road

from heavy vehicles and equipment going over it, and they are asking the

government to address this.

People are putting their vehicles on the road in Labrador City and driving

all the way to L'Anse au Clair over hundreds of kilometres of gravel road to get

to a ferry that right now is broken down. Can you imagine how frustrating it is

for the people who live in this Labrador region? It is no wonder they are

bringing their petitions to the government and to the House of Assembly, because

they are saying: Will you please come and see what we are enduring everyday? I

invite members to do that. I invite the Minister of Transportation, I invite the

other members from Labrador to put their vehicle on that road today, like I did

only a week ago, and drive that particular

section of highway and see the number

of potholes, the number of trenches, the deplorable condition that it is in

right now today. I invite them to come, Mr. Speaker, to drive that road and to

see the condition that it is in.

MR. SPEAKER: Order, please!

I remind the hon. member that her time for presenting the petition has

expired.

MS JONES: Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

It gives me great pleasure to rise again today to present petition number

nine of the porta-potty petition we call it. It is getting to be famously known

now in rural Newfoundland. Of course, I speak of the petition on behalf of the

people of La Poile in my district who are looking for a washroom, believe it or

not. I have had hundreds of e-mails from people saying: Are you serious or is

this some kind of joke that you are actually asking that government, who runs

the ferry service, provide a washroom for people who use the ferry service? One

seems to go hand in hand with the other, but unfortunately, it is not, Mr.

Speaker.

I will just read the prayer. It says:

The petition of the undersigned residents humbly sheweth:

WHEREAS the people of La Poile must use the provincial ferry system in order

to travel to and from La Poile; and

WHEREAS the people of La Poile and visitors are required to wait at the Town

of Rose Blanche from time to time for the ferry; and

WHEREAS there is no restroom, waiting room area at the Town of Rose Blanche

where users of the ferry service may utilize washroom facilities; and

WHEREAS citizens of all ages including men, women, children, seniors and

disabled persons require washroom facilities as a basic human need in the course

of their travels and particularly while awaiting the transit systems; and

WHEREAS it is an abuse of human dignity as well as health and safety

regulations to allow such degrading and dehumanizing circumstances to continue;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the

House of Assembly to urge government to immediately construct and operate a

waiting room, restroom facility at the Town of Rose Blanche such that all users

of the provincial ferry service which operates out of La Poile may be able to

utilize such washroom facilities.

Mr. Speaker, this is, as I say, the ninth petition I have entered here.

Tomorrow is Budget Day, hopefully the Minister of Transportation and Works will

find it somewhere in the Budget for 2011 that he can provide the most basic

facilities for human use in the public. They run the ferry system. They ought to

provide the basics, and that includes a washroom.

As I always said earlier, please do not do what the former minister did and

treat these people with utter disrespect by simply sticking a porta-potty out on

the end of the wharf. The former minister, the Member for Lake Melville did

that. It was totally disgusting. The people were disgusted with it and of course

it led ultimately to a washroom facility being built there. That is not people

asking for something unusual. This is asking for what health and safety requires

that people ought to have.

Let's get beyond this Third World country mentality when it comes to how we

treat users of the public ferry service and find the money to put an appropriate

washroom facility there so users can avail of it as and when required.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

Further petitions?

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker

I stand today to present a petition on behalf of the people from

Twillingate-New World Island from the District of The Isles of Notre Dame. Mr.

Speaker, these people are petitioning the House of Assembly because the

government basically closed down five acute care beds in their health care

facility at the Notre Dame Bay Memorial Hospital. Mr. Speaker, they closed them

down during the summer with a commitment that they were going to reopen those

beds in the fall, which is normally what happens in every area of the Province.

In this case, when the fall came, government did not reopen the beds. In

fact, they went out there, on the ground, and made a public announcement that

they were going to put four restorative care beds into the hospital. People

thought they were getting an enhanced service and they were getting five new

beds for restorative care when all they were doing was changing the acute care

beds, which were needed in the area and that people wanted to see and wanted to

keep, and they re-designated them as restorative care beds. So in fact, Mr.

Speaker, they did not add anything to Notre Dame Bay Memorial Hospital. They

left the impression that they were going to.

In addition to that, they actually went out there and held a news conference.

The member for the area and the Minister of Health stood there and told people

that they were going to add restorative care beds to Notre Dame Bay Memorial

Hospital when, in fact, what they were doing was taking the five acute care beds

that were in the hospital, that they had shut down temporarily for a period of

time, and re-designating them.

Well, that upset people, Mr. Speaker. It really upset people in that area to

the point that we had thousands of people sign petitions from communities like

Bay View, Herring Neck, Durrell, Moreton's Harbour, Summerford, Virgin Arm,

Twillingate, Carter's Cove, Toogood Arm, Crow Head, Bridgeport, and Valley Pond.

Mr. Speaker, all over the district people were really upset because they felt

like they had been deceived because they were told that their acute care beds

would be closed for the summer, which was not unusual. The five beds would

reopen in the fall. Instead, their MHA shows up with the minister in tow, has a

big news conference, and says we are going to give you five restorative care

beds, when they took their very acute beds and re-designated them.

Now, Mr. Speaker, that was what they did to the people in this area. They saw

it for what it was. It was very blatant and it was disrespectful to the people

in the area. They need those acute care beds, they need the service, and they

are petitioning the House of Assembly to have them reinstated, Mr. Speaker.

MR. SPEAKER: Further petitions?

The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

It is my privilege again this afternoon to be able to stand and present

another petition to the House of Assembly. I would like to read the prayer of

the petition:

To the hon. House of Assembly of the Province of Newfoundland and Labrador,

in Parliament assembled, the petition of the undersigned humbly sheweth:

WHEREAS we, the students of French Shore Academy in Port Saunders, from the

Towns of River of Ponds, Hawke's Bay, Port Saunders, Port au Choix, and Eddies

Cove West appreciate the facility we currently learn in; and

WHEREAS unfortunately, the sense of fairness and equality existing at school

is absent on the outside due to essential services not equally available in all

our towns; and

WHEREAS the lack of high-speed Internet in River of Ponds, Hawke's Bay, and

Eddies Cove West puts some students, or our school, in an acceptable

disadvantage at learning today in the twenty-first century;

WHEREUPON your petitioners call upon all Members of the House of Assembly to

urge government to direct funding to ensure high-speed Internet services are

provided in these towns to allow equality and fairness of all members of our

student body.

And as in duty bound your petitioners will ever pray.

Mr. Speaker, we realize that great strides have been made in bringing

high-speed Internet services to our Province. The minister mentioned in Question

Period, I believe it was, that 80 per cent of the residents of Newfoundland and

Labrador now enjoy high-speed Internet, and that is great. This petition today

is not on behalf of the 80 per cent, it is on behalf of the 20 per cent who do

not enjoy it. We realize there are regulations that govern that, and rules and

so on that we can hide behind, but the bottom line is that we have young people

today, in particular, who are trying to educate themselves, who are trying to

get ready for post secondary education, and they are at a great disadvantage.

Mr. Speaker, this petition that I have here today, I note that it is signed

mostly by Grade 8 and Grade 9 students. I do not know if we can really

appreciate what it must be like for a Grade 8 or Grade 9 student to be living

today, in this day and age of technology, and not having high-speed Internet in

their home. It truly is a great disadvantage, it truly is a setback. They are

not interested in who is responsible, they are not interested in how much it is

going to cost, they are not interested in regulations and so on, all they are

interested in is the fact that when they want to go on the Internet, as students

anywhere else in this Province would do, as the other 80 per cent would, they

simply cannot do it.

That is why they have taken the initiative to get their petition together.

That is why I am pleased this afternoon to be able to stand and present it for

them. I am not sure why I need to stand, they do have a member in the House of

Assembly who represents them, but for some reason he has chosen not to present

it for them, and in his absence or whatever, I am pleased to stand and present

it. Not only for them, but for all people throughout this Province who are

finding themselves in the same situations. There are literally dozens of

communities throughout Newfoundland and Labrador that do not have high-speed

Internet.

Mr. Speaker, it is unacceptable, and it is time that this government, with

the resources that we have, with the finances that we have, with the incomes

that we have, with the Budget coming down tomorrow, it is time that these

students have the assurance that very soon they will be able to enjoy the same

technology as well.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I stand today to present another petition on behalf of the public sector

pensioners in this Province. I presented a petition last week, I think, with

over 9,000 signatures on it, and, of course, there are other petitions that have

been coming in as well.

Mr. Speaker, I just wanted to read the prayer of the petition into the record

for the House of Assembly:

The petition of the undersigned residents of the Province of Newfoundland and

Labrador humbly sheweth:

WHEREAS provincial public sector pensioners in the Province of Newfoundland

and Labrador contributed to a pension fund during their employment years; and

WHEREAS the provincial government was and continues to be the trustee of the

pension fund; and

WHEREAS prior to 1989, government, from time to time, provided for increases

in pension payments to enable pensioners to keep up with the cost of living; and

WHEREAS workers who retired in the 1990s have reduced pensions due to

government financial restraints at the time; and

WHEREAS current pensioners have not received a fair and equitable pension

increase for twenty-one years and are falling behind the cost of living;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the

House of Assembly to urge government to provide pension increases that will

allow former provincial government employees to live in dignity after their

years of contribution to the development of the Province.

Mr. Speaker, one of the issues here that they have is in the 1990s, when this

Province was under tremendous financial restraint, there were times when the

government could not contribute to the Public Service Pension Plan. That

happened consecutively for two or three years. As a result of those premiums not

being paid in at that time, these pensioners feel that their income dropped

below the levels that it should have been. They are asking government to review

that period of time, to look at what their contributions would have been and to

make the appropriate contributions now because we are in a fiscal position to be

able to do that.

You have to realize, Mr. Speaker, back in 1990s that was before the days of

the oil and gas industry. It was before the days when we were generating huge

profits in the mining industry. It was a result of deals that were done by

Liberal governments at the time, the development of the offshore oil industry,

the deals that were secured around White Rose, Terra Nova, and Hibernia. It was

deals like the Voisey's Bay nickel deal, Mr. Speaker, and the changes in the

Mineral Resources Act that allowed for greater contributions in mining for the

Province. It was all of those things that were done by Liberal Administrations

which have contributed to growth in the Province today.

The government opposite, Mr. Speaker, came into power in 2003; it was like

winning the jackpot. It was like winning the jackpot because within twenty-four

months, Mr. Speaker, all of these revenues from these previous deals by Liberal

governments started to flow. There was the ability then to start righting some

of the wrongs of the past-

MR. SPEAKER: Order, please!

I remind the hon. member that her time for speaking has expired.

MS JONES: Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

Orders of the Day.

Orders of the Day

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Thank you, Mr. Speaker.

We will begin with the Order Paper and do the one bill that is ready for

first reading.

With that, Mr. Speaker, I move, seconded by the hon. Minister of

Transportation and Works, to ask leave to introduce a bill entitled,

An Act To

Amend The Fish Inspection Act, Bill 29, and I further move that the said bill be

now read a first time.

MR. SPEAKER: It is properly moved and seconded that the hon. the

Government House Leader shall have leave to introduce a bill entitled,

An Act To

Amend The Fish Inspection Act, Bill 29, and that Bill 29 be now read a first

time.

Is it the pleasure of the House that Bill 29 be now read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Transportation and Works to introduce a

bill, "An Act To Amend The Fish Inspection Act", carried. (Bill 29)

CLERK: A bill,

An Act To Amend The Fish Inspection Act. (Bill 29)

MR. SPEAKER: Bill 29 has now been read a first time.

When shall Bill 29 be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 29 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Thank you, Mr. Speaker.

We will proceed now on the Order Paper to the third readings.

Mr. Speaker, I move, seconded by the hon. Minister of Justice and Attorney

General, that Bill 16,

An Act To Amend The Support Orders Enforcement Act, 2006,

be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 16 be now read a third time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Support Orders Enforcement Act, 2006.

(Bill 16)

MR. SPEAKER: Bill 16 has now been read a third time and it is ordered

that Bill 16 do pass and its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Support Orders Enforcement Act,

2006", read a third time, ordered passed and its title be as on the Order Paper.

(Bill 16)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Mr. Speaker, I move, seconded by the hon. the Minister of

Health and Community Services, that Bill 22,

An Act Respecting The Practice Of

Medicine In The Province, be now read a third time.

MR. SPEAKER: Is it the pleasure of the House that Bill 22 be now read a

third time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting The Practice Of Medicine In The

Province. (Bill 22)

MR. SPEAKER: Bill 22 has now been read a third time and it is ordered

that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act Respecting The Practice Of Medicine In The

Province", read a third time, ordered passed and its title be as on the Order

Paper. (Bill 22)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Thank you, Mr. Speaker.

Mr. Speaker, I move, seconded by the hon. Minister of Natural Resources, that

Bill 23,

An Act To Amend The Crop Insurance Act And The Livestock Insurance Act,

be now read the third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 23 be now read a third time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Crop Insurance Act And The Livestock

Insurance Act. (Bill 23)

MR. SPEAKER: Bill 23 has now been read a third time and it is ordered

that this bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Crop Insurance Act And The Livestock

Insurance Act", read a third time, ordered passed and its title be as on the

Order Paper. (Bill 23)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Thank you, Mr. Speaker.

I move, seconded by the hon. Minister of Justice and Attorney General, that

Bill 25,

An Act To Amend The Public Trustee Act, 2009, be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 25 be now read a third time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Public Trustee Act, 2009. (Bill 25)

MR. SPEAKER: Bill 25 has now been read a third time and it is ordered

that this bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Public Trustee Act, 2009", read a

third time, ordered passed and its title be as on the Order Paper. (Bill 25)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Thank you, Mr. Speaker.

We will move now into the second reading of bills. With that, I call Order 6,

second reading of Bill 17.

MR. SPEAKER: The hon. the Minister of Justice and the Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I move, seconded by the Minister of Health and Community

Services, that Bill 17,

An Act Respecting The Mandatory Reporting Of Gunshot And

Stab Wounds, be now read a second time.

MR. SPEAKER: It is properly moved and seconded that Bill 17,

An Act

Respecting The Mandatory Reporting Of Gunshot And Stab Wounds, be now read a

second time.

Motion, second reading of a bill, "An Act Respecting The Mandatory Reporting

Of Gunshot And Stab Wounds". (Bill 17)

MR. SPEAKER: The hon. the Minister of Justice and the Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I am pleased today to introduce Bill 17,

An Act Respecting The

Mandatory Reporting Of Gunshot And Stab Wounds. This is new legislation, Mr.

Speaker. It is not an amendment; it is a completely new bill.

Mr. Speaker, this legislation will, in effect, require health care facilities

and ambulance services to report that they are treating patients who have

received gun shot wounds, and in certain cases, stab wounds. Obviously, as most

people will realize, the request for this legislation would come in part from

the police forces in our Province.

Typically, Mr. Speaker, the Department of Justice will get requests from

outside sources, outside agencies, members of the public, various stakeholders

and so on, including the police, every now and then for suggested improvements

to existing legislation. We get it from lawyers and from the law society to

improve existing legislation or to make new legislation. Mr. Speaker, in this

case the main driving force behind this legislation will be the police forces,

and understandably so.

Increasingly, both provincial police forces today are responding to incidents

involving violence in our society between individuals engaged in criminal

activity, and in some cases, Mr. Speaker, the individuals are seriously injured.

Many times the victims are reluctant to report certain information to the police

for any number of reasons. In spite of the reluctance by victims to report this

information, there is still an obligation on the police forces, and the public,

to investigate the crimes in the interest of public safety. It is of vital

importance that this information reaches the police forces, because such

violence has the potential to put people at risk. The police have a duty to

ensure, where possible, that intervention and proper, appropriate investigations

occur to prevent future violence and to lay criminal charges where charges are

warranted.

Mr. Speaker, it is not only victims who are reluctant sometimes to provide

this information but in many cases, at least in some cases, there is reluctance

on the part of the health care facility to provide information. They base that

reluctance on the need for patient's confidentiality and privacy matters.

Certain health care people and health care facilities feel that in the interest

of the patient confidentiality and privacy, they are sometimes reluctant to

co-operate with the police in giving them the information that they need. Of

course, the police need this information. According to the police, this is not

uncommon. It is not isolated incidents and it is quite frequent that these

things happen. When that happens, of course, these things have the potential to

compromise police investigations and ultimately, compromise public safety. So,

it is extremely important. This is an important piece of legislation, Mr.

Speaker.

Mr. Speaker, in order to assist the police in investigating these types of

matters, some provinces have enacted this gunshot and stab wound disclosure

legislation. Legislation is important, as I mentioned, because it reports, in a

timely fashion, gunshot and stab wounds to the police and these in turn, of

course, expedite police investigations and police response so that immediate

steps can be taken to prevent further violence and lay charges where the charges

are warranted, and maybe even prevent injury or death.

This type of legislation will allow consistent reporting of violent

situations involving guns or knives across the Province. It also would be

consistent across the emergency health care system and will not significantly

interfere with patients' privacy. The act also clarifies, Mr. Speaker, not only

health care facilities but ambulance services as well will have this obligation

to report these matters.

The health care facilities and the ambulance services will be under an

obligation to report these matters as soon as practically possible. The

legislation acknowledges that the first priority is, and has to be, the

treatment of the injured person. The reporting requirement will not and must not

interfere with the primary obligation, which is to provide adequate patient

treatment and patient care. That is dealt with in the act under

section 4.

Mr. Speaker, the act will simply require the health care facility or the

ambulance service to verbally report, under

section 3, certain basic information

to the police: the person's name if that person's name is known; the fact that

the person has been treated for a gunshot or a stab wound; the name and the

location of the health care facility; and, in the case of an ambulance service,

where the treatment occurred; and any other information that the regulations may

require.

The legislation will apply to hospitals, doctors' offices, clinics, and

ambulance services. Another thing this legislation does, it will protect, from

liability, any person who reports this information or is acting in good faith

under the act or the regulations. So, there is no liability on a person

reporting that information as long as they are reporting in good faith and for

the purposes to which the act and the regulations were brought into force.

Mr. Speaker, as would be expected in a piece of legislation of this kind,

there has been extensive consultation with the regional health authorities, with

the ambulance services, with the College of Physicians and Surgeons of

Newfoundland and Labrador and with the Association of Registered Nurses in the

Province. Mr. Speaker, all those groups were consulted, and they are all very

supportive of this initiative.

I also can tell members of this House that similar legislative provisions

exist in other provinces: British Columbia, Alberta, Saskatchewan, Manitoba,

Ontario, Nova Scotia, and Quebec. So, we are really behind the times in bringing

this legislation in.

In

summary, let me say that this proposed legislation will, in our view,

enhance public safety by increasing the consistency of reporting these violent

injuries. The objective is to provide the police force with every opportunity

and to respond in a more timely way to high-risk incidents involving violence

with firearms or knives.

So, Mr. Speaker, it is a very simple piece of legislation. It does not need a

lot of comment. I am pleased to introduce Bill 17, and I request the support of

all hon. members in this House in the debate to promote this piece of

legislation.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Kelly): The Chair recognizes the hon. Member for Burgeo & La

Poile and the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I certainly would like to have a few words about Bill 17. The minister used

the word: simple. It may be simple in many respects, but there are some concerns

that this type of legislation raises, and I would certainly like to take an

opportunity, if for only information's sake, to get some of those concerns out

there in the public view. I think this was not a slam-dunk, as we would say, by

any means.

Yes, it needs to be done; yes, the Opposition will be supporting, but there

are some concerns. It is not all so obvious, as the minister might have one

believe, that we need to do this. There are some legitimate concerns, and I am

surprised the minister did not point some of those out and some of the

statistical information that exists.

It is true, for example, that we are behind the times when it comes to having

this type of legislation, because it deals not only with gunshot wounds, it

deals with stab wounds as well. We do not have either. We do not have any

legislation until this Bill 17 which would deal with either of those, gunshot or

stab wounds. Some people may think: What are we getting on with in the House of

Assembly when we are talking about a piece of legislation? Do we really have

enough stab wounds, enough injuries, enough crime that involves gunshots and

stab wounds that we need to have this piece of legislation?

The number that we might have is irrelevant. The bottom line is you need the

legislative authority if you do have such an event, whether it be one or whether

it be 1,000, to be able to assist the police and do the job that they need to

do. Other jurisdictions do have it; for example, British Columbia, Saskatchewan,

Manitoba, Alberta. Now, they have similar legislation to this one, Bill 17,

dealing with gunshot and stab wounds. Ontario, Nova Scotia, and Quebec have

legislation, but theirs only deal with gunshot wounds

In Ontario, Nova Scotia, and Quebec, I do not know why they have chosen not

to deal with stab wounds, and I do not know if the minister is aware of

anything. In the research that we did, we did not reveal any particular reason

that these jurisdictions had not done it. To think that Ontario and Quebec, in

particular, where organized crime is a big issue in those two provinces and they

have a major population base compared to a place like Newfoundland and Labrador,

yet their legislation only deal with gunshot wounds and not stab wounds. Maybe

it is just a case that they need their legislation updated, but it deals with

both.

The Canadian Centre for Justice Statistics has some very important relevant

statistics for this debate as well. They report that over the last three

decades, guns and implements have been the most common type of weapon in a

homicide, guns and stabbing implements. In 2009, for example, 36 per cent of

Canadian homicides, for a total of 210 victims, were killed by stabbing. So, 36

per cent of the homicides in Canada were done by stabbing in 2009. I would have

thought it would have been the reverse of that, but 36 per cent died by way of

stabbing and 30 per cent by way of gunshot. That gives you 66 per cent of the

homicides that took place in 2009 were by either gunshot or by stabbing. So, it

gives some indication that it is a major factor when it comes to homicide.

That is just in the case of homicides. This act will apply, of course, to all

kinds of crimes. It does not necessarily have to be a homicide in order to

apply. It could be any serious crime, if there was a stab wound and if there was

a gunshot wound, that it would apply to, not just homicides. The statistics that

I just referenced apply just to homicides. It shows that in homicides it is

certainly a major factor for gunshots and stabbing: 66 per cent.

There are some concerns raised from some quarters. Some might think this is

only of a theoretical basis and we ought not to trouble our heads about it,

because the law might be basically good, we should rubber stamp it, get it done,

and get it on because everybody has it. Just because other jurisdictions have it

does not mean that we necessarily have to rubber stamp it and do it without

consideration, or at least let the public be aware by way of debate that there

are some concerns that are out there when you consider this type of legislation.

For example, when this type of legislation was first passed in Ontario, it

was assessed four years later by Ontario physicians who did a survey. One

disturbing type of incident which was reported was that individuals who had been

the victim of either a gunshot or a stab wound there seemed to be a trend that

they decided not seek medical treatment for that injury, because they were

afraid of getting the perpetrator in trouble. If you have an injury, a gunshot

or a stab wound, and you go to the hospital, and of course if you reported it,

the concern was that they would leave themselves open to some form of reprisal.

Now that was in Ontario and we might be nave here and think, well that is

the big boys play up there and the organized crime for example. We have

organized crime here in Newfoundland and Labrador. Do not kid yourselves; there

is organized crime here in this Province functioning as we speak. Some people

might think we are still a small, little jurisdiction here in Newfoundland and

Labrador. I can assure you that from my days being in Justice, and that was some

ten years ago, we had organized crime then and you can rest assured we have

organized crime here now. It seems like the smaller the world gets globally, the

more likely all jurisdictions are likely to be impacted by it, especially when

it comes to the drug trade, for example, in this particular Province.

As was indicated, you started out with something good, for example, you pass

a piece of legislation because if someone comes in with a stab wound, you are

making the authorities report it or a gunshot wound. But yet, people found out

that they would rather not go to a hospital. If you went to the hospital and

therefore it ended up being reported, you felt that there was going to be a

reprisal taken against you. You might have an opposite effect that once you

aware of this you will not go to the hospital because you are afraid you are

going to get someone in trouble or someone is going to take it out on you for

them ending up finding out about what you reported. That was a backwards

consequence of that particular piece of legislation.

The other thing is you might wonder when it comes to the health care

facilities at least, the ambulance operators are a bit different, but under

section 40 of our Personal Health Information Act, there is already a statement

in there which talks about the disclosure of information. I think that should

have been pointed out as well, although we are going to have this new act. I

will just read it for the record, it says, a heath care provider: "may disclose

personal health information without the consent of the individualwhere the

custodian reasonably believes that disclosure is required (

a) to prevent or

reduce a risk of serious harm to the mental or physical health or safety of the

individual or (

b) for public health or public safety."

Health care providers already have the power to alert justice professionals

of a gunshot wound or a stab wound. Even without consent of the victim they can

do that already under

section 40 of the Personal Health Information Act.

Particularly where they believe that safety to the particular individual or the

public in general would be jeopardized should they not disclose that

information. This would cover any situation where a gunshot or a stab wound was

nefariously inflicted. There are some concerns here, we already have certain

pieces of legislation which can handle this but the issues as I say of reprisal

do come to bear on occasion.

We certainly hope that this legislation, by making it mandatory on the

ambulance drivers and the health care providers, will not deter victims from

seeking health care as a result of their injuries simply because they feel that

there might be a reprisal.

Those are just a few comments, Mr. Speaker. We think on the whole albeit

things may have some possible unintended, negative consequences for the most

part it is a good piece of legislation to have. As we say, we had some backup

there previously anyway when it comes to the Privacy Act and what health care

providers can do but now ambulance operators as well are going to be encompassed

by this particular piece of legislation as well.

I guess it is like everything, you have to start somewhere. We are starting

now with the piece of legislation. It will become law, it will be the first

time, the motivation and intent is good, i.e., to assist the police when it

comes to investigations in crime or again in public safety issues, not only for

the crime itself because there are a lot of concerns about health care providers

who figure we are health care providers, we are not promoters of the justice

system. A lot of medical doctors, for example, and whatever strongly feel that

keep the two separate and apart. We will practice the medicine but do not pass

laws that get us intertwined in the justice system inappropriately. If you

police want to take powers upon yourselves to have investigative powers, if you

can find another way we would prefer not to have you encroach upon what we do.

We are here to look after health; you let the police look after the

investigation, the criminal investigation piece.

Sometimes the two have to cross and in this particular case it is an example

where it has to cross because an ambulance operator, or a medical provider, or a

health care provider may well be the person to whom a victim goes or even a

perpetrator sometimes will receive the injury and therefore it gets to the

attention of the police. The overall purpose here is to make sure that nothing

further happens. Not only is it used as an investigative tool so that the police

can find out who was injured, what their name was, where it happened and

provide, probably, some witness and follow-up for an investigation but it may

also if you determine that on a quick time basis and you find out in short

order who did it, and who is injured it may prevent further injury or a

further crime from taking place.

The motivation is good here and I am sure, over the course of years, if it

provides a problem with the health care providers, or with the ambulance

operators, or some unexpected circumstance were to arise the minister is well

aware, these same stakeholders will come back and report as to the circumstance,

or the police find that it is not working for some reason, for example, so we

might well find ourselves here sometime down the road amending it again based

upon experience. That is how the system should work but we need the foundation

in order to find out that it is going to be possible to do this at all.

I am just wondering if, when we get to the Committee stage, the minister

might provide a commentary I notice in

section 7 here which deals with the

regulatory piece and regulations that the Lieutenant-Governor in Council may

make regulations, and they give a whole list of things that the

Lieutenant-Governor in Council will be able to do by way of regulation.

Section

7(

g) references: "exempting persons or classes of persons from the requirements

of this act and the regulations". I am just wondering if there has been any

thought put into it already. It seems like, to put a particular clause like that

in there that you are already contemplating exempting someone. I am wondering if

that is the case, that there has been some contemplation, even at this point,

that we might exempt somebody, or certain classes of people from it, or is that

just a standard phrase that exists in the order jurisdictions as well. If there

is any particular example that the minister might be able to provide for

purposes of information it would certainly be appreciated as well.

Those are all the comments I have, Mr. Speaker, and we will, as I say, be

voting in favour of this particular act, but some of these concerns about fear

of reprisal, the fact that we have not had it here before and we need to review

the thing on an ongoing basis to see if it is working here as intended certainly

should be kept in mind and subject to review in the future.

Thank you.

MR. SPEAKER: The Chair is pleased to recognize the hon. the Member for

Topsail.

MR. DAVIS: Good afternoon, Mr. Speaker.

Thank you for recognizing me this afternoon and giving me the opportunity to

take a few minutes to debate the bill,

An Act Respecting The Mandatory Reporting

Of Gunshot And Stab Wounds, a new piece of legislation, has been referenced by

the minister and the member opposite who have already spoken on this particular

bill.

This bill, Mr. Speaker, is a brand new piece of legislation, that while it

will not have broad reaching effects to the general public, it can have a very

important and very beneficial effect under certain circumstances. This bill

applies to an ambulance service and an "(a) "ambulance service" means a service

for the conveyance of persons requiring medical attention". It also affects a

health care facility which under this particular piece of legislation means a

facility operated by an authority established under the Regional Health

Authorities Act, a place where treatment is provided by a medical practitioner

as defined by the Medical Act and a health care facility prescribed in the

regulations.

This piece of legislation, Mr. Speaker, does exactly what the title

indicates. It requires the mandatory reporting of gunshot and stab wounds. With

the case of gunshots, all gunshots would be required to be reported, but there

is an exception when it comes to stab wounds. Under this piece of legislation a

"(d) "stab wound" means (

i) a wound caused by a knife or other sharp or pointed

instrument, or (ii) another type or class of wound prescribed in the regulations

but does not include a stab wound reasonably believed to be self-inflicted or

unintentionally inflicted." People receive accidental cuts and injuries on a

daily basis throughout the Province, Mr. Speaker. Under the case of such an

accidental or self-infliction of a wound, it is not mandatory that those types

of wounds be reported.

The intention of this piece of legislation, Mr. Speaker, is that in the case

of a person who has received a gunshot wound or a stab wound as a result of a

criminal act or a violent act, when that person is treated in a health care

facility it is very important for the police to have certain pieces of

information as early as possible. The Personal Health Information Act was not

intended to interfere or prohibit with the easy access of police to certain

information or to interfere with an investigation by police. It was intended to

ensure the privacy of individuals.

In this case, the medical history or medical privacy of a person will not be

compromised in any way. This act will allow for the mandatory reporting of a

person's name to a police officer or a peace officer, meaning a member of the

Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted

Police. It means the person's name, if known, will be provided, "(

b) the fact

that the injured person is being treated or has been treated for a gunshot or a

stab wound; (

c) in the case of a health care facility, the name and location of

the health care facility; (

d) in the case of an ambulance service the location

where the treatment occurs".

If an ambulance goes to a particular location, responds to a call tonight, if

they find a person who has sustained a gunshot wound, it is required that the

ambulance service provide not only the name of the person but also the location

where it took place. Again, the requirement for this is in the best interest of

policing, in the best interest of an investigation, which is done in the best

interest of the person who has sustained the injury.

I can tell you, Mr. Speaker, in going back to my own experiences, again in

policing; there have been times when a person has arrived at a health care

facility with such an injury. Under the Personal Health Information Act, the

health care provider, the physician, or the facility would be prohibited from

giving police the necessary information so that they can initiate or begin their

investigation. That they would have the information of the person's identity or

where the treatment took place, the location in the case of an ambulance of

where the treatment took place, that is beneficial to the investigation. They

need that information.

The time that such an important and serious investigation is delayed - the

time of that investigation being delayed can be very critical to an

investigation. It can have profound changes on the outcome of that

investigation. It is so important for the police to get that information as soon

as possible. This particular piece of legislation will allow for health

professionals, facilities, and health providers to provide that information to

the police without compromising any other law or piece of legislation.

It also includes, in this piece of legislation - there may be a time when a

health care provider or a doctor provides a piece of information on an honest

belief that the person had received or was the victim of a stab wound, in the

case of an assault, an assault with a weapon or an aggravated assault, or other

similar circumstances, and they provide that information to the police. If they

were to find out, subsequent to that, it was self-inflicted or it was received

in another manner, then those people are protected. Those people are protected

by this legislation when they act in good faith. They will not be held liable

for providing that information to the police if it turns out that the

circumstances were different then it had appeared to be at the time they

provided it.

There was some interesting discussion on crimes and violence. We know, Mr.

Speaker, that there is a correlation between the drug trade and violence. There

is quite often a correlation between the business of illegal dealing and selling

of drugs, and violence. We know as well, Statistics Canada have told us that in

a ten-year period from 1998 to 2008 there was an increase in the report of

assaults in Newfoundland and Labrador; a very significant increase, about 62 per

cent in that ten-year period.

Newfoundland and Labrador was not the only province to see such increases.

New Brunswick, as an example, saw a 69 per cent increase; Nova Scotia, a 41 per

cent increase, to do comparisons within Atlantic Canada. These are on incidents

of aggravated assaults. In matters of assault with a weapon or where a person

was assaulted and had received bodily harm, in those cases in Newfoundland in

that same ten-year period between 1998 and 2008, we saw a 54 per cent increase.

Interestingly enough, even though we saw such a boom in our economy, we saw such

increases in growth and we know that quite often those types of economic booms

come with an increase in violence, even though we know that and we had a 54 per

cent increase, other provinces saw equal or larger increases. For example,

Prince Edward Island had a 56 per cent increase; Nova Scotia 110 per cent; New

Brunswick 59 per cent increase; Quebec 67 per cent. Other provinces saw very

significant increases in matters of assault with a weapon or causing bodily

harm.

Mr. Speaker, interestingly enough, when you look at 2008 to 2009, there was

actually small decreases. We saw there was a decrease in robberies. According to

Statistics Canada, there was a decrease in robberies. In overall, total violent

crime there was a decrease as well. We saw some decreases in that one-year

period but when you are looking at statistics, at these types of information, we

always have to do so with caution. We always should be very cautious when we are

trying to interpret and read statistics because in this case, again, it is a

fairly small period from 2008 to 2009 when we saw a 7 per cent decrease in the

incidents of serious assaults reported according to Statistics Canada. We saw a

16 per cent decrease in robberies but we know that is a snapshot in time. A

six-month period after the period of these statistics, there may have been an

increase to offset them. So it is with caution that we should always look at

those types of statistics.

So, it is with caution that we should always look at those types of

statistics. Having said that, it is decisive to say, and as my colleague across

the referred to earlier, that there is crime, violent crime, and gunshots and

stabbings that occur from time to time in Newfoundland and Labrador. When a

person sustains such an injury and seeks medical attention or is transported for

medical attention, it is very important for the police to be able to act on that

investigation as early as possible. That is the intention of this bill.

Other provinces that have been referred to have similar legislation, Mr.

Speaker; British Columbia, Alberta, Saskatchewan, and Manitoba have all enacted

gunshot and stab wound disclosure legislation. Ontario, Nova Scotia, and Quebec

have limited their legislations to the reporting of gunshots. Again, my

colleague from across the House has referred to a study that was done on

Ontario's legislation. Ontario was the first jurisdiction to introduce such

legislation it was actually Bill 110; it was introduced in September of 2005

on the mandatory reporting of gunshot wounds.

Now, I had a look through a study that was conducted in 2008. I do not know

if it was the same study that was referred to earlier or not. This study that I

reviewed and looked at suggests to me that there was overall support and

acceptance of the law by not only the police and the public, but also by

physicians. It indicates that although they found there was anecdotal evidence

of some altered behaviour by shooting victims the majority of physicians and

the public responded did not perceive any impact on patient-physician

relationships. There is an indication of a very small number, a very small

number, about 4 per cent, of emergency physicians had indicated that they had

seen gunshot wounds reported that their actual reporting of those gunshots had

been delayed. Not all of those cases, in not all of those cases was the person

aware of the legislation, it was for a different reason. So, in most of them, I

think maybe five or six out of seven, they were aware of the legislation, but in

one or two of the cases, the person who delayed the response actually was not

aware of the legislation.

That is a fairly small number, in 4 per cent; if you think about the cases

where the reporting of the gunshot wound, in this case, in Ontario under Bill

110, may have benefited the investigation, the ability of the police to

investigate. That is not contained in this particular study. There is no

evidence contained in that study to suggest if the legislation in Ontario was of

benefit to the investigation for the safety of the person who had received the

injuries, or maybe in the safety of others who may have been put at risk because

of circumstances that existed that led to the assault on the individual who

sought the treatment.

So, Mr. Speaker, I think based on my past and my experience in policing,

knowing the difficulties that police encounter and have encountered from time to

time, that this is a good piece of legislation. Both the RNC and the RCMP agree

with that, have been consulted on this, and support the legislation. I will as

well, and I encourage all Members of the House to do likewise.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: If the hon. Minister of Justice speaks now he will close the

debate.

The hon. the Minister of Justice.

SOME HON. MEMBERS: Hear, hear!

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I thank the hon. Opposition House Leader for his comments and my

colleague from Topsail in support of this bill. As both members mentioned, this

is a significant piece of legislation. It is a small bill but it is a pretty

significant one. It addresses a very important social issue in helping police

forces carry out their work.

I have just a couple of responses to some of the points that there were

raised. With respect to the hon. Opposition House Leader's comments that victims

may fear reprisal by seeking medical treatment for gunshot wounds or stab

wounds, the experience with the other acts in other jurisdiction find that

people who are wounded by gunshot wounds or stab wounds are not afraid to go to

hospital for treatment. As a matter of fact I would suggest, Mr. Speaker, in

most cases they have no choice in order for their own personal health. The four

jurisdictions that have mandatory legislation have not found any issues with

that particular piece of legislation.

The member mentioned

section 40 of the Personal Health and Information Act

where people in health care facilities already have certain discretions to

disclose information to justice professionals. The key word in that legislation

is, of course, "may" and this act makes it mandatory. The Personal Health and

Information Act, Mr. Speaker, is much more restrictive and goes well beyond the

reporting because it gets into situations where the patient is being lawfully

detained, for e