Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 7 May 2013 (47th General Assembly, 2nd Session, Vol. XLVII No. 16)

2013-05-07

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 7 May 2013 (47th General Assembly, 2nd Session, Vol. XLVII No. 16)

2013-05-07

Newfoundland and Labrador — Debates (Hansard)

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May 7,

2013 HOUSE OF ASSEMBLY PROCEEDINGS Vol.

XLVII No. 16

The House met at 1:30 p.m.

MR. SPEAKER (Wiseman): Order, please!

Admit strangers.

Before we start today's proceedings, I want to welcome some special guests to

our galleries. There is a delegation from the Town of Grand Bank. There is Mayor

Darrell Lafosse, Councillor Bruce Warren, and Town Manager Wayne Bolt.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

MR. SPEAKER: Today we will have members' statements from the Member for

the District of Port au Port; the Member for the District of Bonavista North;

the Member for the District of St. John's West; the Member for the District of

Kilbride; the Member for the District of Torngat Mountains; and the Member for

the District of Exploits.

The hon. the Member for the District of Port au Port.

SOME HON. MEMBERS: Hear, hear!

MR. CORNECT: I rise to congratulate the winners and nominees who were

honoured at the Stephen Awards Banquet in Stephenville on April 27 as part of

Volunteer Week.

Debbie Brake-Patten was honoured with the Citizen of the Year Award, while

Amber LeRoy was the recipient of the Youth of the Year Award, both being

recognized for their outstanding volunteer service to the community. Jesse Byrne

won the Junior Male Athlete of the Year Award, Jillian Forsey was presented with

the Junior Female Athlete of the Year Award, and Chris Dugas was presented with

the Senior Athlete of the Year Award. Also, twenty-three Certificates of Merit

for Outstanding Volunteer Work were presented.

Congratulations are extended to Val Alexander, Larry Bentley, Debbie

Brake-Patten, Stephen Brown, Irving Campbell, Irene Collins, Jeff Dehart, Cyril

Gale, Frank Gale, Darlene Greenham, Amber Harper, Lisa Henley, Valarie Hulan,

Arch Locke, Albert Le Roux, Brenda MacIsaac, James Mercer, Roxanne Mercer,

Brenda Pittman, Greg Reid, Colleen Ryan, Donna Sheppard, and Terry White for

their contributions.

I ask all hon. members to join with me in congratulating all the winners and

all the nominees of the Stephen Awards on their invaluable contributions to our

communities, our region, and our Province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bonavista North.

SOME HON. MEMBERS: Hear, hear!

MR. CROSS: I take great pleasure today in throwing a bouquet to a

wonderful bunch of people from Bonavista North.

SOME HON. MEMBERS: Hear, hear!

MR. CROSS: The Pearson Park Committee was struck just a few short months

ago with a desire to construct an outdoor fitness and recreational area adjacent

to Pearson Academy in New-Wes-Valley. They model their desires from other

projects that have recently shown great success around the Province.

Principal Juan Gill summoned several leaders from around the region that

comprise the Pearson Academy community from Deadman's Bay to Greenspond. Mr.

Speaker, I say they followed a model, but after the first meeting they broke the

mould in every way.

On the day they found out they were receiving a Helping Hand award from Let

Them Be Kids Foundation, they shattered the first-day volunteer sign-up record

for Newfoundland and Labrador with over 300 pledges.

On April 28, a community channel telethon was held. It realized $91,234 in

contributions. Not only has there been a growth in funds, but also growth in a

sense of community and region, and on June 22, Pearson Park will literally grow

before our eyes.

Let everyone here, please, join in my congratulations of these worthy

citizens.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's West.

SOME HON. MEMBERS: Hear, hear!

MR. CRUMMELL: Mr. Speaker, I rise today to congratulate Roberta Stanford

on receiving a Volunteer Award at the recent Volunteer Recognition Night. I had

the pleasure, Mr. Speaker, of attending this event, which celebrated the

important contributions of volunteers throughout our Province.

Roberta received this award for her work with the Citizens' Crime Prevention

Association of Newfoundland and Labrador. Roberta first became involved with the

Clarenville Crime Prevention Committee back in 1989 and joined the provincial

executive in 1995 where she served as both chair and vice chair.

Through her commitment and passion over the past twenty-four years, Roberta

has had a profound impact on crime prevention across this Province. She was a

driving force in recognizing projects such as the Rachel Project, anti-violence

campaigns, and crime prevention awareness. Roberta recently played a lead role

in mobilizing her charity to receive $29,000 from the recent RCMP Klondike

Night.

Mr. Speaker, many of us in recent days have brought attention to the generous

contribution made everyday by volunteers in this Province, and I ask all hon.

members to join me in thanking Roberta Stanford and all our volunteers for the

important role they play in the development of our communities.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. DINN: Mr. Speaker, in today's world the ability to express oneself

publicly in oral and written form is becoming increasingly more important. Our

schools are very aware of this need, and consequently, most of them place a

great emphasis on public speaking as part of their curriculum.

On March 7, 2013, Hazelwood Elementary hosted its Annual Public Speaking

Event. Students in Grades 4-6 prepared poems or speeches, and the finalists at

each grade level presented to an audience of parents, friends, and judges. I had

the honour that night to help judge the finalists in Grade 6. After a daunting

task, the judges arrived at a winner for each grade level.

Maria Nash, with her recitation of A Rock Makes a Wonderful Pet, was the

winner in Grade 4. Lucas Thornhill won in Grade 5 with his speech, Gaming:

Happiness or Hypnosis, and Megan Moret was the Grade 6 winner with her speech

entitled, The Dangers of Facebook.

I ask all hon. members to join me in congratulating the three grade level

winners at Hazelwood, as well as all the other participants who did such a great

job that night.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Torngat Mountains.

SOME HON. MEMBERS: Hear, hear!

MR. EDMUNDS: Mr. Speaker, I rise in this hon. House today to congratulate

Herman Webb of Nain on receiving the Queen's Diamond Jubilee Award.

Herman began working in his uncle's store as a young boy and eventually took

over the business in 1980. Hayne's General Store was established in 1956. Herman

has been operating the business for over thirty years, and continues to do so to

this very day, providing the community with a first-class service.

Herman comes from a large, close-knit family that spent their early days in

Webb's Bay, located just north of Nain. The family later relocated to Nain.

Mr. Speaker, Herman's respect from the residents of Nain is not because of

any particular accomplishment within the community. What he is recognized for

are the countless acts of humanity where Herman has helped out many residents of

Nain in need. He has asked for nothing in return. Herman's business continues to

be the cornerstone of the community a business that has offered respectable

prices despite its isolation and the rising cost of retail.

Mr. Speaker, I ask all hon. members to join me in congratulating Mr. Herman

Webb of Nain on receiving the Queen's Diamond Jubilee Award.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for Exploits.

SOME HON. MEMBERS: Hear, hear!

MR. FORSEY: Mr. Speaker, November 2011, Thomas Maloney and Ben Hayley

from the Exploits Valley region launched an ambitious fundraising campaign: to

run in the Toronto Waterfront forty-two kilometre Marathon and to raise $20,000

for the Children's Wish Foundation. These post-secondary students worked

tirelessly selling their Run for a Wish bracelets, knocking on doors for

sponsors, holding car washes, bake sales, sports tournaments, and more.

Mr. Speaker, Ben admitted he is very competitive by nature and he trained for

months leading up to the race, but finishing the forty-two kilometre race was a

struggle. Although they were met with much doubt, Ben made it to the finish line

and the pair exceeded their fundraising goal by $7,000.

Mr. Speaker, I ask all members of this House to join me in congratulating Ben

Hayley and Thomas Maloney on successfully making wishes come true.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, it is no secret that students who are lesbian,

gay, bisexual, or transgender have been on the receiving end of bullying and

harassment in schools and communities throughout this country and around the

world.

We have taken real action to address this issue, Mr. Speaker. As part of a

three-year plan to build awareness around LGBT issues, the provincial government

invested $90,000 in MyGSA (or My Gay-Straight Alliance) resource which is

designed to provide support for administrators, teachers, and students who want

to establish a gay-straight alliance in their school. Developed in partnership

with Egale Canada, I am proud to say Newfoundland and Labrador is the only

Province in the country to offer such a resource to all schools that offer

Grades 7-12.

I am equally proud to report that on Friday past, Egale Canada made a

presentation to an international conference in Switzerland, where participants

spoke about best practices taking place around the world to create safer and

more inclusive schools. Mr. Speaker, our work around the development and

distribution of MyGSA resource was highlighted at that conference as an example

of providing leadership, and creating partnerships, will which help address this

issue.

Our work continues, Mr. Speaker. The Province has invested a further $100,000

in professional development to build awareness in the education system of issues

around sexual orientation and gender identity. To date, sessions have been

completed with all Kindergarten to Grade 12 principals, vice-principals and

guidance counsellors, as well as school district staff and the Department of

Education. I am among those who attended this training, Mr. Speaker. I hope that

speaks to how strongly I feel about this issue as minister, as a former

educator, and as an individual. Our next step will be to provide this

professional development to all teachers in the Province, starting in the new

school year.

Mr. Speaker, this investment of time and money speaks to our commitment to

ensuring schools are safe, caring, and inclusive for everyone. I strongly

encourage teachers to use the MyGSA resource to generate discussion in their

classrooms and to support the creation of gay-straight alliances in our schools.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for Burgeo La Poile.

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

I thank the minister for an advance copy of the statement. We all know school

can be a tough environment for kids, and GLBTQ youth face tremendous pressure

stemming from homophobia.

Mr. Speaker, it was shortly after I graduated high school that I heard about

the murder of Matthew Shepard, a college student killed in the States because he

was gay. We were roughly the same age. I can remember thinking how tragic and

terrible it was that his life was cut so short.

Showing support for all students regardless of sexual orientation and gender

identity is an important stance for our government to take. My Gay-Straight

Alliance is a positive resource for encouraging all students to embrace

tolerance. I understand, though, the resource is not being mandated in schools.

Perhaps that is the next step.

I would be interested in knowing what percentage of our K-12 schools is

making use of the resource. I am also glad to hear that teachers, the pillars of

our children's education, will be availing of this professional development.

Mr. Speaker, in closing, I would just like to say I commend this investment

by government and let's continue this positive initiative.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's North.

MR. KIRBY: Thank you, Mr. Speaker.

It is important to recognize the efforts of the Minister of Education, this

government, and the staff who work for the Department of Education in our

schools in promoting and advancing this initiative to create safer and more

inclusive schools and to build awareness of issues around sexual orientation and

gender identity.

I do want to point out that we need to work towards addressing the

shortcomings highlighted in the recent review of the government's Safe and

Caring Schools Policy which said that additional efforts are required to ensure

that there is a sense of urgency and priority brought to a government's

anti-bullying policies. Some obvious ways to accomplish this, I say to the

minister, would be to provide adequate staffing and adequate training, as well

as consistent and clear guidelines for policy implementation.

As my colleague, the Member for Burgeo La Poile has pointed out, we do not

know what the take up is on this particular initiative, but we hope that the

government will do whatever they can to try and advance it and promote it.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the Member for St. John's South have leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: The hon. the Member for St. John's South.

MR. OSBORNE: Thank you, Mr. Speaker.

I would like to commend the government for the investments and the effort

that have been put in, in this regard. Bullying of any type is unacceptable, Mr.

Speaker. Government has made great strides in this regard to ensure that

students feel inclusive. While that is not always the case, more needs to be

done. Government has made great strides in this regard.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further statements by ministers?

The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you.

Mr. Speaker, I would like to take this opportunity to stand and inform this

hon. House about the official start of the forest fire season in this Province.

The season began on the Island on May 1, begins in Labrador on May 15, and it

will extend into late September. At this time of the year regulations come into

effect in the best interest of public safety.

Mr. Speaker, all Newfoundlanders and Labradorians are privileged to use our

forests for hiking, for camping, and other activities, and of course the forest

provides much wealth to the people of the Province as well. It is our

responsibility to take care of this tremendous resource. It is the

responsibility of all of us. The official start of forest fire season is an

appropriate time to remind residents to be extra vigilant when they are in the

woods.

During forest fire season, a permit to burn is required, at no cost, for

lighting outdoor fires for the purposes of clearing land or burning brush within

300 metres of a forest. Permits and regulations can be obtained at regional or

district forest management offices around the Province. The lighting of fires

for cooking and camping does not require a permit, but certain regulations, of

course, must be followed.

The Province has a toll-free number that can be used to report forest fires

during the season. The number is 1-866-709-FIRE.

Last year, in 2012, warm temperatures and a lack of precipitation created

ideal conditions for forest fires. Our fire suppression staff responded to 197

forest fires between May and September. It was a busier than usual season,

especially in Labrador. In some instances, Mr. Speaker, new fires were reported

daily.

Mr. Speaker, I know all members of this House will agree that our

firefighters, our permanent staff, the Incident Management Team, Air Services

pilots, and maintenance crews are to be highly commended for their tremendous

efforts. We can help them by being extra careful when we are enjoying the forest

areas this year.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BALL: Thank you, Mr. Speaker.

I want to thank the minister for the advance copy of his statement. There is

no question that Newfoundlanders and Labradorians, on every occasion they get,

will enjoy the forests. As we often hear, on the weekends you spend it in the

country or in the woods enjoying our forestry resource.

What is important too, I would say it is important for all us who use the

resource for enjoyment and for recreation, that we accept the fact that if we

pack it in, we should bring it out. We know that leaving garbage in the country

can cause a fire at some future date.

The minister mentioned about picking up a permit at no cost, and that it

should be easy to do. For those who live in some of the rural areas, getting to

the forestry regional office is not always easy. We need to look for ways that

we can make it easier to collect those permits.

It does not go unnoticed either that in this year's Budget 2013, we have seen

the reduction of one complete water bomber crew. We will, as will people of the

Province, be monitoring that to see the impact.

The minister mentioned 197 forest fires last year. It is always amazing when

I look at how volunteers and communities come together. I was in Labrador last

year when we saw the evacuation of North West River and Sheshatshiu. The

community came together to respond to that fire.

I would encourage all of us in the Province to really put due diligence in

everything we do when we go into the country. I want to finish up by thanking

all the people in the communities, both volunteers and our staff, for the great

job they do in protecting our resource.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for The Straits White Bay North.

MR. MITCHELMORE: Thank you, Mr. Speaker.

I, too, thank the minister for an advance copy of his statement. Our forestry

resources are an important provincial asset which must be protected. I certainly

acknowledge the role that government must play in educating the public on fire

safety and the great outdoors. We need to have clear regulations when it comes

to having a safe season, accompanied with a public service campaign and

messaging around that.

I do hope we have the resources, like the Leader of the Official Opposition

stated, for the upcoming season and that we do have reduced fires. I want to say

just a big thank you to all the firefighters, pilots, other professionals, and

volunteers who put their lives on the line to protect our forests and our

communities.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the Member for St. John's South have leave?

AN HON. MEMBER: No leave.

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. FRENCH: Last evening, the Newfoundland Independent Filmmakers

Co-operative, Telefilm Canada, and the Newfoundland and Labrador Film

Development Corporation celebrated the fifth anniversary of its PICTURE START

program at Empire Theatres. The event showcased highlights of the program over

the past five years, including interviews with the filmmaking teams that have

participated.

The PICTURE START program focuses on skills enhancement of emerging

filmmakers by pairing them with established filmmakers and film industry

professionals. The hands-on approach is complemented by a series of workshops

offered by local and national experts, and senior filmmakers mentor junior

artist throughout the development, production, and post-production phases of the

projects.

Mr. Speaker, each year the program's jury selects three scripts from an open

competition and the winners are provided with the various resources they need to

produce their first film. The program allows for access to expertise, equipment,

and mentoring that is often a challenge for many up-and-coming filmmakers in the

Province.

Undoubtedly, this program will continue to contribute to the growth of the

Newfoundland and Labrador film industry by fostering future professionals who

will potentially establish production companies and continue to create

programming based here at home. In its five-year history, PICTURE START has

completed fifteen films, and all thirty-three participants are currently

employed in the film industry in the Province.

The success of PICTURE START is evident in the numerous careers that have

their roots in the program's short history. Filmmakers such as Jordan Canning,

Joel Hynes, and Sherry White to name a few, have had their careers launched

through this innovative program. Their success, Mr. Speaker, has been realized

both locally and abroad.

Mr. Speaker, the provincial government invests approximately $6 million in

the film industry which generated more than $41 million in film and production

activity in the Province during the last fiscal year. Our government is pleased

to be a strong supporter of our cultural industries and Budget 2013: A Strong

Plan, A Secure Future includes more than $17 million for the cultural and

heritage sectors, bringing our total investment to $87 million since the launch

of Creative Newfoundland and Labrador: The Blueprint for Development and

Investment in Culture in 2006.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for Bay of Islands.

MR. JOYCE: Thank you, Mr. Speaker.

I thank the minister for an advance copy of his statement. Once again, we see

a group of volunteers in Newfoundland and Labrador who are willing to give their

expertise to people who are up and coming, people who are in the film industry.

To those people who are giving up their time, energy, and passing on their

knowledge, thank you very much on behalf of the Opposition. Because if the film

industry thrives in Newfoundland and Labrador, we are going to create employment

in this area and it is going to be beneficial to all of Newfoundland and

Labrador.

I noticed back years ago there was $1 million invested in some equipment for

Western Newfoundland. I am not sure what happened to that equipment because it

was supposed to be an investment to increase the film industry for the Corner

Brook, West Coast area. The minister may, some time, stand and speak on that $1

million in equipment that was bought.

In the statement that the minister made, which is very good, is that there

were fifteen films and thirty-three participants, and all those films that were

created, the thirty-three participants are still in the film industry in

Newfoundland and Labrador. That is a credit to the program itself. That is a

credit that this program, PICTURE START, does actually work.

Once again, I thank all the people who are mentoring the young filmmakers in

this Province. To the young filmmakers, do not give up; keep it going because

you will do well eventually in Newfoundland and Labrador because it is an

industry that is up and coming. It is an industry that has nothing to do but

grow in this Province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

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

I congratulate my fellow filmmakers at NIFCO. I had the honour of attending

the reception last night. There was lots of excitement and pride in the room. It

was actually bursting at the seams.

About eighteen years ago I had the honour of being President of NIFCO. It was

at the time when we developed ourselves into a full-fledged industry, that is

was no longer just somebody's tree house, yet still protecting the right for

experimental and art films, that it is not all about industry and we have to

protect that.

There was a time when people were telling our stories; now we can tell our

own stories. That is so vital for the people of Newfoundland and Labrador, for

us to be able to tell our stories in our own way.

For the past thirty years the cost to be a member of NIFCO was $5. Today, Mr.

Speaker, that cost is still $5. It means that everybody has access to filmmaking

opportunities; it means that everybody has access to training. Nobody graduates

out of NIFCO. We continue to support one another.

We are the envy our film co-op is the envy of film co-ops worldwide. Film

is such a collaborative medium. It involves all aspects of the arts and many

local businesses. Mr. Speaker, any money invested is a good investment, and

sociologist Richard Florida says the health of the arts in a community is a

measure of the health of the community and society itself.

MR. SPEAKER: Order, please!

Your time has expired.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

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

MR. BALL: Thank you, Mr. Speaker.

The Minister Responsible for Fire and Emergency Services yesterday met with

the Minister of National Defence to discuss search and rescue in our Province.

The minister said that he had outlined all the concerns of Newfoundland and

Labrador, but failed to request the federal involvement in a search and rescue

inquiry for our Province.

So I ask the minister: Why did you not raise this important issue with the

federal minister during your meeting?

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, the reason I did not outline the need, as he

said, for an inquiry was because I considered the federal AG report the actual

inquiry. The federal AG report has outlined issues within the federal SAR

system, which we have actually communicated to the federal minister at various

occasions over the last couple of years.

Now is the time for action, Mr. Speaker. As well, I outlined some ways they

could address those issues immediately by partnering with private industry and

other ways they could actually augment the services now that are provided by the

military across Canada, especially out of Gander, which 103 operates out of.

SOME HON. MEMBERS: Hear, hear!

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

MR. BALL: Thank you, Mr. Speaker.

I think the minister, if he is thinking the federal AG's report is indeed a

public inquiry, is missing the mark on all of this. The federal AG himself quite

clearly said he did not audit provincial responsibilities. He did not even audit

the RCMP involvement into search and rescue in our Province.

The Premier and this government have repeatedly asked for our federal Liberal

MPs to get involved in the call for improved search and rescue, which they have.

Now we finally have the federal minister onside. We have the federal MPs onside.

The federal minister has said that he would co-operate in an inquiry.

I ask the minister: Why is it everyone, except for this government and except

for this Premier, agrees to call for a public inquiry into search and rescue in

our Province?

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Simply, Mr. Speaker, it is because now is the time for

action. Eighty-five per cent as regards to search and rescue in Canada, not only

in Newfoundland and Labrador, is provided by the federal system. The Auditor

General has outlined certain issues within that system and now is the time for

action.

We do not need more talk. We do not need meetings on top of meetings. We need

action, and action now. We have expressed that to the federal minister. We will

express that time and time again, each and every chance I get to get the action

that is needed for the Province of Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

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

MR. BALL: Thank you, Mr. Speaker.

I think the minister should understand that taking action for the sake of

taking action is not good enough. That is an example of what happened in Budget

2013. They went out, they took action, they did not talk to people who were

involved, and the people who are feeling the impact of Budget 2013 right now.

Last year Newfoundlanders and Labradorians protested across the Province

demanding action from this government. They were the ones who asked for this.

They wanted to see this government take action on an inquiry into search and

rescue. The minister says he raised all the concerns, but did not raise this

one.

Why do you feel that an inquiry is not a concern for people in Newfoundland

and Labrador?

MR. SPEAKER: The hon. the Minister of Municipal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, over the years, I spent sixteen years in the

Reserves and the Canadian Rangers. I know the system well. I have a lot of

faith, as a minister, in the system in Newfoundland and Labrador and our

volunteers. Now is the time for action.

There are identified problems with the SAR system in Canada, identified by

the Auditor General, the federal Auditor General. Now is the time for action.

Now is the time for access. He has personnel issues. I have suggested ways to

overcome that issue. So now is the time to move on the recommendations, which

they have endorsed in the federal government, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BALL: Speaking of the time for action, Mr. Speaker, I would say that

the Noseworthy report gave a scathing review of the Department of Advanced

Education and Skills. It says the department is lacking co-ordination. It is

lacking communication, evaluation, strategy, and direction. The report contains

eighty-seven recommendations. In the Blue Book in 2003 you want to talk about

action it says that they would act on recommendations within sixty days.

So, I ask the Minister of Advanced Education and Skills: When can we expect

an official response on this report?

MR. SPEAKER: The hon. the Minister of Justice.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Mr. Speaker, as the member opposite would know from

participation in Estimates and other debates in this House, we are taking

significant action to realign the Department of Advanced Education and Skills

with the needs of Newfoundlanders and Labradorians. We are making those choices,

we are making those decisions, and we are taking those directions in the

interests of Newfoundlanders and Labradorians.

The future has never been brighter in this Province, Mr. Speaker. There are

tremendous opportunities for people to get an education here, to work here, to

build a home, and to raise a family. We are making sure that the services

delivered through the Department of Advanced Education and Skills are aligned to

match what is required and to support Newfoundlanders and Labradorians.

SOME HON. MEMBERS: Hear, hear!

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

MR. BALL: Well, I will talk about the action from that department. This

is the kind of action that the Noseworthy report talks about. It actually

cautioned about cutting EAS offices, which this government has done. It talked

about making budget cuts, it talked about decreasing jobs. It also says that

this would increase challenges within the department. He also went on to say

that this department is already dysfunctional and facing enormous challenges.

I ask the minister: This report cost $150,000, yet the changes in your

department conflict its own recommendations, so how can you reconcile the two?

MR. SPEAKER: The hon. the Minister of Justice.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Mr. Speaker, the member opposite would know that reports are

commissioned, written and developed on a weekly basis in government, just like

in the private sector. Reports are used to inform decisions, Mr. Speaker.

Let's be very clear, there is nobody who ever said that the Noseworthy

report, or any other report will be final and binding and that the

recommendations therein would be implemented. We take all of those pieces of

information, just as we take consultations with people right across the

Province. That is what is driving the agenda of the Department of Advanced

Education and Skills.

I remind the member again, it is this government that has created an economic

climate that has never been better for the people of Newfoundland and Labrador,

and it is this government that is aligning the Department of Advanced Education

and Skills to ensure that Newfoundlanders and Labradorians avail of every

opportunity available to them.

SOME HON. MEMBERS: Hear, hear!

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

MR. BALL: I thank the minister, because the economic climate just

listen to this economic climate. Seven years after launching a Poverty Reduction

Strategy the Noseworthy report stated that AES is not doing a good job at

transitioning Income Support clients into the labour market. This government is

saying that we have this looming labour market out there but we are not

transitioning Income Support clients into that market.

If your Poverty Reduction Strategy is so successful, why is it there are more

people on Income Support today than there was in 2009?

MR. SPEAKER: The hon. the Minister of Justice.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Mr. Speaker, I say to the member opposite, you cannot have it

both ways. You cannot stand in the House and criticize because we are trying to

change something and then when I give an answer talking about how we are

changing, stand up and say: Well, you should not be changing it.

The fact of the matter is when you are talking about transitioning Income

Support recipients into the workforce or any number of the many of activities

that the Department of Advanced Education and Skills is engaged in that is

exactly what we are doing. We recognize the opportunities that exist in this

Province. I have outlined them over and over again in this House, as has the

minister.

Income Support recipients are but one target group, and we will do what we

can to provide the supports, the financial means and the family supports to help

those people avail of the educational opportunities, and subsequent to that, the

employment opportunities that exist in the Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Mr. Speaker, yesterday we learned of a gruesome discovery of

moose carcasses close to the Trans-Canada Highway near the community of Benton.

We also learned they were deposited there by conservation officers.

I ask the minister: Is this common, and how many more of those moose

graveyards are around the Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, I do not spend

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. MARSHALL: Mr. Speaker, I do not spend a lot of time in the woods but

I would imagine that wild animals are born in the woods, and I would suspect

they die in the woods as well.

Mr. Speaker, conservation officers obviously have to deal with moose that are

killed on the highway. These carcasses have traditionally been taken into remote

areas of the Province far from the highway. Unfortunately, it did not happen in

this particular case. The senior officials have directed officials of the

department to ensure that this does not happen again.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Mr. Speaker, an official with Natural Resources admitted that

the dumping of animal carcasses in the woods does happen. Meanwhile, if a

private citizen did the same thing they would be charged with illegal dumping.

I ask the minister: Why are you allowing conservation officers to dump

carcasses in the woods while there is a major effort to curb illegal dumping in

our Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, I am advised that for many, many years the

carcasses are in fact taken to remote sections of the woods. The carcasses, of

course, are eaten by other wild animals and disappear in that way. That will

continue.

There are some places, of course, Mr. Speaker, where landfills may be close

by that can be utilized if permitted. There are other areas where the Department

of Environment has even allowed pits for the burial of moose. I think

traditionally, as I said, wild animals are born in the woods and will die in the

woods.

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Mr. Speaker, these animals died on the road. It is a major

concern for health with disease with the rotting carcasses. Minister, you should

take it a bit more seriously, especially when you take it and you pile all the

animals in one spot near a community where people are out walking.

I ask the minister, many municipalities are using cameras and other

electronic devices to catch illegal dumpers: How can you expect the citizens of

the Province to buy into the Waste Management Strategy when we have our own

officials creating moose graveyards throughout this Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, the hon. member is right, this is a serious

issue. The officials of the Department of Natural Resources and the conservation

officers take their responsibilities and their duties very seriously.

Unfortunately, this particular carcass was left close to the highway. The

officials have been involved to be more careful and ensure that the disposal of

carcasses takes place in the appropriate way and according to the rules and

regulations of the department.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Just to let you know, Minister, there were three carcasses,

not just one, so this was not an isolated incident. It is a very serious health

issue, Mr. Minister.

Mr. Speaker, we have learned that the government bailed out the pellet plant

in Roddickton by paying $50,000 to cover their insurance premiums. Apparently,

the company could not afford to pay their own insurance.

I ask the Premier: After putting $11 million in taxpayers' money into this

idle plant, can you confirm that the government is now covering their insurance

bills?

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, the government is proud to stand with the

people of the Great Northern Peninsula. We have made a major investment which

an hon. member just made into a plant at Roddickton.

We are continuing to work with that company and to work with proposals that

it has put forward to the government to hopefully ensure that, for the benefit

of harvesters and citizens of the Great Northern Peninsula, there will an

opportunity to sell wood and to be employed in the industry there. Hopefully, we

can take advantage of markets throughout the world that might be available to

provide some prosperity to that particular plant and others throughout the

Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for Bay of Islands.

MR. JOYCE: I missed that, Mr. Minister how many people are working

there now, with the great investment that your government made, against all the

officials who said no, the money should not go there for several reasons. I

missed how many people are working there, Minister.

It has been confirmed by the Auditor General that government took on a

significant risk by giving the company $11 million. The Premier pushed this

project through the system without listening to concerns expressed by her

officials, and now the plant is sitting idle while we pick up all the insurance

bills.

I ask the Premier: How much of this money has been repaid to the people of

the Province, and when can we expect full repayment of this loan?

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

MR. MARSHALL: Mr. Speaker, we support industries throughout Newfoundland

and Labrador; we do it all the time. We are supporting a mill in Corner Brook,

and the hon. member does not have any problems with that. We also provided

support to a wood pellet industry and a sawmill company up in Roddickton. They

are having difficulties; there is no question about that. The plant is idle at

the moment.

One of the things they have done, they have formed some partnerships with

other stakeholders and in the call for expressions of interest for fibre in

Central Newfoundland and in Labrador, there are a number of proposals that can

see an enhancement and expansion to the wood pellet industry in Central

Newfoundland and in Labrador, and hopefully up the Northern Peninsula as well.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for Torngat Mountains.

MR. EDMUNDS: Mr. Speaker, the Labrador School Board is making a position

of education psychologist redundant in Labrador and replacing it with an

education assessor to accommodate the bumping procedure within the board.

I ask the minister: Why is the school board allowed to eliminate this very

important position through transfer, putting the learning ability of children at

risk?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Thank you, Mr. Speaker.

I believe there was some concern raised, as the hon. member has mentioned,

about a position being removed. Mr. Speaker, quite simply, it is a collective

bargaining issue. We just have to allow those things to work its way through the

process.

MR. SPEAKER: The Member for Torngat Mountains.

MR. EDMUNDS: Mr. Speaker, the Labrador School Board has advertised for an

educational psychologist for seven years before it finally had a candidate in

the position last fall. With the elimination of the role, children in Labrador

may be required to travel to St. John's to the Janeway Hospital to be diagnosed.

I ask the minister: Why would the children of Labrador have to leave home for

proper care due to amalgamation of the school boards and the elimination of

services?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, I have cautioned some members across the way

before about making statements that are creating anxiety in parents. This is

another case.

Mr. Speaker, the students of this Province, Labrador and on the Island,

receive first-rate service from this government. Our investment in special

education services is second to none in this country. Again, as I have said, the

position is there, it remains there, and there is a collective bargaining issue.

We will let that process take its course.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for Torngat Mountains.

MR. EDMUNDS: Mr. Speaker, this is the only qualified education

psychologist in Labrador, a member of Nunatsiavut with cultural ties to the

region. This person is also a clinical psychologist, adding to their level of

expertise and ability to provide the necessary services.

I ask the minister: Is this what you meant when you said in response to my

question last week and Hansard will confirm this "the programs that are in

place and the resources that are in place will be protected under this new

arrangement"?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, under a collective bargaining issue, a

particular individual does not have the determined right to that position. The

position is there. It will be filled. I cannot determine who the position will

be filled by.

Again, our investment and this Budget, Mr. Speaker, we decided we were going

to maintain those front-line services, and those services to special education

students will be maintained.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

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

In response to my clear questions yesterday on expropriated Abitibi

properties, the Minister of Natural Resources gave us an impromptu history

lesson but he did not answer the question. There are serious concerns about how

much the people of the Province are out of pocket and how long before they will

be out of the red.

Mr. Speaker, I ask the minister: Will he appoint an independent third party

auditor to assess the deal and report to the House on the merits of this

government's hasty botched expropriation?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, there is no need of such a person because they

already exist. The (inaudible) have their own auditor, or we have the Auditor

General who can do that.

Mr. Speaker, the hydroelectricity assets from Central Newfoundland are going

to provide tremendous value to the people of the Province. It already has and

will continue to do so. The benefit to the ratepayers of the Province from just

the cost of oil that has been displaced because this energy asset has now been

available, we have electricity replacing oil. It has already provided a benefit

to ratepayers in this Province that exceeds the value of what we paid for those

assets.

Mr. Speaker, my officials have met with Nalcor to make a determination of the

value over a twenty-five year period; in other words, what has happened since

expropriation in 2009, for a twenty-five year period. There are obviously a

number of factors that you have to take into that estimate, the offsetting of

fuel costs to Holyrood, market prices

MR. SPEAKER: Order, please!

The hon. the Leader of the Third Party.

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

I am interested in what the minister is saying. What I would like to see in

this House, and maybe he will table it, are all the documentations, the

evidence, and the proof that he is talking about.

Will he table that information?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you, Mr. Speaker.

In calculating the value to the Province over the next twenty-five years, as

I said, we have to look at things like discount rates, the cost of fuel,

interest rates, market price of electricity and so on. Based on these factors, I

have been advised that they are projected to provide a total benefit to the

Province, to Nalcor, and to the ratepayers in this Province of hundreds of

millions of dollars over the next twenty-five years.

This is a hydroelectric asset that has been acquired. We have to pay only for

half of the value of the asset. This will provide benefits. It will be owned

ultimately by Nalcor. It will be owned by the people of the Province. It will

provide them with cheaper electricity than they are paying now based on the cost

of oil to Holyrood. This is a good deal for the people. It is a good deal. We

have the people's assets back where they belong.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

MS MICHAEL: Mr. Speaker, this government keeps throwing numbers around.

Yesterday, the minister did not provide an answer to my question about the

claims made by a government backbencher last weekend that government has made

$50 million in the past four years from the expropriated Abitibi hydro assets.

Now the minister is speaking about hundreds of millions as we move into the

future.

Will he please give us the correct information? Give us the documents to

prove what he is saying.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, obviously, the Leader of the Third Party does

not understand the difference between the past, since 2009, to today. The

benefit that we have received over and above the cost has been, to the end of

February, $55 million; to March 21, $65 million. On a go-forward basis over

time, over twenty-five years, somewhere between $369 million, probably around

$400 million, but who knows, based on the forecast for interest rate discounts

and the price of oil.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

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

It is the minister who does not understand. I am asking a simple question,

show us the proof.

Mr. Speaker, we learned in Estimates Committee for Justice that government

has no immediate plans for the Whitbourne youth secure, custody centre. The

minister noted government has to find an alternate way to deal with youth

offenders who need the service.

Mr. Speaker, I ask the Minister of Justice: Can he elaborate on what he is

considering as alternate ways to help young offenders in this Province?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Justice.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Mr. Speaker, I am not sure what there is to elaborate on. In

her

preamble she said I had no plans, so I cannot very well elaborate on

something I do not have.

What I can say to you, though, is that when we considered Whitbourne and we

considered the staffing at Whitbourne, we considered the fact that the number of

inmates on average has gone down from about sixty to I believe at the time of

Estimates around seven inmates per year. We were pushing well over eighty-plus

employees out there, Mr. Speaker. As we did a reconciliation of the resources

that were required to provide the services to the clients out there, we

recognized an opportunity to save some money and still provide the kinds of

services that were required, and that is what we have done.

We will take a further look at that as we move forward, Mr. Speaker, and if

there is an opportunity to move away from that service delivery model in that

facility, then we will explore that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

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

I ask the minister then to tell us, they are considering alternate plans: How

long is it going to take before we know the plans so that we know that these

young offenders are being taken care of with justice and equality?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Justice.

SOME HON. MEMBERS: Hear, hear!

MR. KING: Mr. Speaker, let me be very clear for the member here, and for

all those who are listening or paying attention to this debate. The young

offenders in Whitbourne are being taken great care of. They are receiving

quality services from social workers and psychologists. They are receiving

outdoor recreational activities, farming activities, all of the same kinds of

activities, services and supports that they would have been receiving over the

last seven or eight years. Let me reassure the member opposite that will

continue, Mr. Speaker.

If we decide to transition away from that model of service delivery and

perhaps offloading an asset that is a tremendous financial burden to the

Province at this point in time for the number of youth who are there, if we

decide to go down that road, then we will certainly make that available to the

public for discussion.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

SOME HON. MEMBERS: Hear, hear!

MS ROGERS: Thank you, Mr. Speaker.

Mr. Speaker, it is Nurse Appreciation Week and we want to thank the amazing

nurses serving the people of Newfoundland and Labrador. The minister directed

the RHAs to cut at least 125 management positions, the majority of which will be

nurse managers in the front lines.

Mr. Speaker, what is the plan? Has the minister done an impact assessment or

requested one on how these cuts will affect patient care and RN workloads? Will

the minister table that assessment?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, first of all, we will start with our normal correction. I did

not direct the RHAs to do any such thing. What has happened is that we have

started down the road of operational reviews. Eastern Health started their

operational review last year and in the process of doing that they identified

efficiencies that could be found through managerial positions within their RHA.

The other three health authorities, Mr. Speaker, are in the process now of

doing their operational reviews. We anticipate they, too, will find the same

efficiencies within the management structure. This is not a matter of direction;

this is a matter of due course being followed through the operational reviews.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

MS ROGERS: Thank you, Mr. Speaker.

Those management positions are going.

Mr. Speaker, professional development is a key issue for attracting and

retaining nurses. It helps nurses be current in their areas of expertise and

benefits patient care. This past year, the minister issued a moratorium to all

RHAs to discontinue all funding of registration, travel, and leave replacement

for professional development for nurses. Our nurses want to be current in their

areas of expertise.

I ask this minister: What exactly is the policy on ongoing professional

development?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Once again, Mr. Speaker, I issued no directive. The RHAs, as

they looked to finding their own efficiencies throughout the system, identified

various areas within their work and within scopes of practice within which they

thought they could find efficiencies.

Mr. Speaker, one of those areas was in the area of travel; another was in the

area of professional development. Any essential professional development still

happens. There has been no curtailment of that whatsoever.

In terms of optional professional development, Mr. Speaker, the RHAs have

directed that they take a closer look at that. In some cases, some of that

professional development is still going ahead, but it may be that one person may

be going, as opposed to two or three people, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's North.

MR. KIRBY: Mr. Speaker, as the Child and Youth Advocate pointed out

earlier this year, deficiencies in documentation and communication standards in

the Department of Child, Youth and Family Services put children at risk of

neglect and abuse.

When will government address these deficiencies and fully implement the

standard service delivery team model for child protection, adoption, and youth

corrections that was promised almost two years ago now?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, that question was asked and answered this morning in Estimates.

We have seen the recommendations of two or three of those reports, and we have

seen the recommendations as well that have come through the Susan Abell report.

Recommendations have been accepted by the department, are being acted upon by

the department, and are being implemented.

Mr. Speaker, one of the most important recommendations that the department

has followed up on has to do with the allocation of social workers within the

department. They aimed for a ratio of one in twenty, and currently they are at

one in twenty, Mr. Speaker. It is certainly a huge

AN HON. MEMBER: One in twenty-one.

MS SULLIVAN: One in twenty-one, thank you. It is a huge improvement over

where things have been. They also looked in terms of supervisors and social

workers, and they are now at one in six, in terms of a supervisor having

responsibility (inaudible)

MR. SPEAKER: The Member for St. John's North.

MR. KIRBY: Mr. Speaker, there are currently a number of vacancies in the

front line, including fourteen social workers. The promised new team delivery

model for CYFS is supposed to include one social work assistant for every six

social workers to allow for improved communications, documentation, and plans of

care.

When will government provide staffing resources needed to ensure that the

department service delivery team model is fully implemented?

SOME HON. MEMBERS: Hear, hear!

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

MS SULLIVAN: Thank you, Mr. Speaker.

In response to the question from the member opposite, Mr. Speaker, I will

point out that there is, in fact, a ratio that is being worked on. We answered

that question this morning in the sense of saying that we are constantly looking

at recruitment and retention within this department. We recognize that the team

model is the best model, and it is a model that we are working toward.

Mr. Speaker, in most all cases, that is a model that is totally, totally

complemented. There are some areas, however, where we do not yet have assistance

for social workers, but that has not changed the fact that we are out recruiting

for those particular positions.

MR. SPEAKER: The time for Question Period has expired.

Presenting Reports by Standing and Select Committees.

Presenting Reports by Standing and Select Committees

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Member for the District of Port de Grave.

MR. LITTLEJOHN: Mr. Speaker, the Social Services Committee has considered

the matters to them referred and have directed me to report that they have

passed, without amendment, the Estimates of: the Department of Municipal

Affairs; the Department of Education; the Department of Health and Community

Services, and French-Language Services; the Newfoundland and Labrador Housing

Corporation; the Department of Justice; and, the Department of Child, Youth and

Family Services, and Women's Policy.

Thank you, Mr. Speaker.

MR. SPEAKER: Tabling of Documents.

Notices of Motion.

Notices of Motion

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

MR. KING: Thank you, Mr. Speaker.

I move, seconded by the Minister of Finance, Motion 7, pursuant to Standing

Order 11 that this House not adjourn 5:30 p.m. today, Tuesday, May 7, 2013.

Further, Mr. Speaker, I move, seconded by the Minister of Finance, Motion 8,

pursuant to Standing Order 11 that the House not adjourn at 10:00 p.m. today,

Tuesday, May 7, 2013.

MR. SPEAKER: It has been moved and seconded that this House do not

adjourn at 5:30 p.m. today, Tuesday, nor adjourn at 10:00 p.m. today, Tuesday.

All those in favour of the motion?

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against?

Motion carried.

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The Member for Burgeo La Poile.

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

I have a petition to the hon. House of Assembly of the Province of

Newfoundland and Labrador in Parliament assembled, the petition of the

undersigned residents humbly sheweth:

WHEREAS Newfoundland and Labrador currently has the highest unemployment rate

in Canada; and

WHEREAS the Government of Newfoundland and Labrador anticipate a labour

shortage of 70,000 people by 2020; and

WHEREAS eliminating the career practitioner knowledge base is contrary to

attaching people to the labour market; and

WHEREAS EAS agencies are grassroots hubs in communities providing services

like skills development, resume development, interview skills, and facilitating

attachment to the labour market and community; and

WHEREAS loading the workload of 226 employees onto 139 Advanced Education and

Skills employees would be an overwhelming expectation, increasing staff

turnover, and thus decreasing rapport with clients;

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

House of Assembly to urge the Government of Newfoundland and Labrador to reverse

the decision to cut funding to EAS agencies in the Province.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, this is one of the things that was brought up in the Noseworthy

report which was a very comprehensive, thorough report done by John Noseworthy

at the cost of $150,000. I will tell you, he certainly earned the money, going

by the deficiencies that he pointed out in this department. It took him almost

300 pages to show what a state this department actually is in. Again, this is

what happens when you cobble together a bunch of different programs into a

department without actually thinking about what you are doing first.

The EAS agencies is one of those things that has been tossed out into the

wind; 226 people in this Province who were doing a good service, providing a

good service, contributing to our economy and making sure that the labour

shortage that is there is going to be addressed.

It is funny because Mr. Noseworthy actually cautioned that cutting EAS

offices, budgets, and jobs would increase challenges to the department which is

already dysfunctional. It seems like we actually went against the Noseworthy

report.

I am looking forward to doing the Estimates tomorrow for Advanced Education.

This is one of the questions we will likely ask, amongst many; exactly why did

we make this decision which goes against the report that be bought and paid for

earlier in the year that apparently we were not using when we made these

decisions.

Again, there are lots of questions coming up; unfortunately, EAS employees,

226 of them were tossed out without any serious consideration or thought given

to what was being done.

Thank you, Mr. Speaker.

MR. SPEAKER: The Member for The Straits White Bay North.

MR. MITCHELMORE: Thank you, Mr. Speaker.

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 Route 438 (Croque-St. Julien's, Grandois Road), a former woods road,

is nearly thirty kilometres of gravel road; and

WHEREAS the students, workers, and residents must travel this road for all

education, health, business and other services; and

WHEREAS the Department of Transportation and Works has no immediate plans to

do major upgrading on Route 438 despite the current road conditions being

disgraceful; and

WHEREAS it is the government's obligation to provide basic infrastructure to

all Newfoundlanders and Labradorians;

We, the undersigned, petition the House of Assembly to urge the government to

allocate funds in the 2013 provincial roads program to upgrade Route 438.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, the petition is signed by residents of Croque, Roddickton,

Englee, Corner Brook, and Conche. Mr. Speaker, this road is a former resource

road that I travelled on Saturday and in it, the condition is absolutely

disgraceful. There are tree stumps and logs growing up through the road or being

visible, that students have to travel over, and all residents. There is no

commercial activity on this road, in these communities; there are no government

services there. It would essential to at least bring in some crushed stone and

to do the work that is needed so that the people can have a gravel road in this

region that is up to standard in today's society in Newfoundland and Labrador.

These people are not asking that the road be paved for the thirty kilometres.

There are a small number of residents there. They do expect that the Department

of Transportation and Works would provide an adequate level of crushed stone and

make sure the tree stumps and things like that are removed from this highway,

and not just covered over.

There needs to be work done. This matter needs to be addressed because this

is 2013 and we should not have to be living like this. So I submit this petition

on behalf of constituents and others in the Province.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Torngat Mountains.

MR. EDMUNDS: Mr. Speaker, to the hon. House of Assembly of the Province

of Newfoundland and Labrador in Parliament assembled, the petition of the

undersigned humbly sheweth:

WHEREAS there is an identified need for all levels of care in all regions of

Labrador; and

WHEREAS the Paddon Home is suitable for all levels of care

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

House of Assembly to urge the Government of Newfoundland and Labrador to conduct

a needs assessment to identify the needs of all levels of long-term care in

Labrador and to reopen the Paddon Home for care of long-term residents in Happy

Valley-Goose Bay.

As in duty bound, your petitioners will ever pray.

Now, Mr. Speaker, this particular submission is signed by people in Hopedale,

Rigolet, Makkovik, and Happy Valley-Goose Bay. The reason they are coming

forward is because they know of the situation at the Melville Hospital in Goose

Bay.

I was actually at the hospital on Sunday afternoon visiting some of my

constituents and certainly some friends and relatives. As I walked through the

hospital, Mr. Speaker, I saw individuals in the hallways, some on beds, some in

wheelchairs, and many who have actually taken up hospital rooms that were

created for acute care patients.

I will say it, I said earlier in petitions I submitted and I will say it again,

as the population of Labrador increases, specifically Happy Valley-Goose Bay

with the construction of Muskrat Falls Project and the expected population to

rise to an extra 3,500 people, so will the demand on the resources in Upper Lake

Melville. One resource is going to be the hospital, Mr. Speaker. Certainly there

will be times when people may not be accommodated due to the over crowdedness at

the hospital.

I look forward to this government acting on the reopening of the Paddon Home

for long-term care in Happy Valley-Goose Bay.

Thank you.

MR. SPEAKER: The Member for St. John's North.

MR. KIRBY: 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 students of the Adult Basic Education program at the College of the

North Atlantic do not wish to attend privatized educational facilities; and

WHEREAS College of the North Atlantic has the most accredited Adult Basic

Education program in Newfoundland and Labrador; and

WHEREAS students are concerned as to the availability of private institutions

and whether or not they can accommodate additional students;

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

House of Assembly to urge government to reverse this damaging decision to

students and reinstate Adult Basic Education programming at College of the North

Atlantic.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, on this petition today we have more petitioners from Labrador,

from North West River, Sheshatshiu, and Goose Bay. Yesterday, I presented a

different petition. There are now two petitions regarding Adult Basic Education

that are coming in periodically to my office: one is this one which is to

reinstate the program; the other one is for government to produce or release the

enrolments, funding and graduation figures that have been talked about. There is

much confusion in the information that has been released to the public.

This letter that was written to the Premier from instructors of Adult Basic

Education at College of the North Atlantic talks about the serious financial and

social costs of eliminating the program. They also talk about the fact that the

source for the figures that have been released publicly has not been revealed;

hence, their accuracy and relevancy to the argument are questionable in the

opinion of those instructors.

Also, yesterday I pointed out some of the things that have happened since,

the unintended consequences of this decision. For example, students possibly not

being able to get a place in residence because they are not College of the North

Atlantic students, and thereby do not have the first opportunity to get a

residence room as a result of that.

We continue to receive this petition. I and the Minister of Advanced

Education and Skills, the Premier, and members of the Official Opposition

continue to get e-mails almost on a daily basis about this from individuals

across the Province. So I would urge members opposite to rethink this decision

and ask government to change this, because it is a wrong-headed and foolhardy

direction for us to go in.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, a petition to the hon. House of Assembly of the

Province of Newfoundland in Parliament assembled, the petition of the

undersigned residents humbly sheweth:

WHEREAS home care allows the elderly and people with disabilities to remain

within the comfort and security of their own homes, home care also allows people

to be discharged from hospital earlier; and

WHEREAS many families find it very difficult to recruit and retain home care

workers for their loved ones; and

WHEREAS the PC Blue Book 2011 as well as the 2012 Speech from the Throne

committed that government would develop a new model of home care and give people

the option of receiving that care from family members; and

WHEREAS government has given no time commitment for when government plans to

implement paying family caregivers;

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

House of Assembly to urge the Government of Newfoundland and Labrador to

implement a new home care model to cover family caregivers.

And in duty bound your petitioners will ever pray.

Mr. Speaker, what is being sought here is not something that was not

promised. It is not something that will cost government more. The promise was

made, Mr. Speaker, to cover the cost of family members who are qualified home

care providers for people who are already eligible to receive home care.

Mr. Speaker, the same recipients, the same patients, the same elderly people

would receive care from qualified strangers. What is the difference if they

receive care from qualified family members, people they know, people who are

close to them? Mr. Speaker, this does not cause an extra draw down of more funds

from the Treasury. It simply permits the government (

a) to keep a promise, and

(

b) to permit people to live in maybe a little more dignity than they would if

they were dealing with strangers for this particular service that is provided to

them.

Mr. Speaker, the issue really is: Did the government promise large and

deliver small? Most people would prefer somebody, including government, and in

particular political parties, who promise small and deliver large. In this case

the government made a large promise, there is a small commitment.

I know government has already made some very small steps toward it, but while

people are waiting time is passing and there is no reason that this could not be

implemented. The appropriations already sought in this year's Budget will

certainly be passed. So, Mr. Speaker, this is a simple request. Do it now,

because you promised it.

Thank you, Mr. Speaker.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Environment

and Conservation, that we move to Orders of the Day.

MR. SPEAKER: It has been moved and seconded that we now move to Orders of

the Day.

All those in favour of the motion, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

Orders of the Day

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

MR. KING: Mr. Speaker, I call Order 3, second reading of a bill,

An Act

to Amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation

Newfoundland and Labrador Act. (Bill 1)

MR. SPEAKER: When the debate finished yesterday, I think the Member for

Mount Pearl South was the last person to speak to the motion.

The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, this is an important piece of legislation. It

is a piece of legislation that I have no doubt will receive uniform support from

all sides of the House. Eventually, there may well be amendments sought because

what we are looking at here is for safety for offshore workers. Safety for

offshore workers is very important.

This looks at people who are involved in the petroleum industry which employs

a large number of people in our Province and which is the cash cow that has

permitted government to be able to do the things that it has done in the last

half-dozen or more years. When we look at offshore safety, Mr. Speaker, people

in this Province have taken really huge risks with life and limb over the last

400 or 500 years since we were discovered by Europeans. Undoubtedly, even people

before Europeans took significant risks in earning a livelihood.

We are the Province that experienced the great sealing disasters, where we

lost hundreds of people on the ice. We are the people who go out to sea in small

boats, in bad weather, huge waves, to extract and to prosecute a living from the

ocean.

Mr. Speaker, many of the elements of what makes us who we are is the fact

that a lot of our industry is competitive. The fishery is a competitive industry

if one fisherman catches one fish, another fisherman does not catch that fish.

We see it today in all sorts of search and rescue issues. For example, if it is

a competitive turbot quota, if one fisherman puts to sea and catches that quota

or part of that quota, and somebody else does not put to sea because the wind is

too high, the weather is not so good, then that person loses out.

Historically, we have always known what it is like to risk life and limb in

order to make a living. That has taken on a new light in dealing with the

offshore, because when the Ocean Ranger went down we knew what that was like

with the deaths of eighty-four people. Somebody from the Ocean Ranger was known

to practically everybody in this Province, and if not, one of the people who

died on the Ocean Ranger, one of their family members.

There were discussions and talks about pushing safety, and pushing and

pushing to extract profit. It is one thing when the individual willingly goes on

the water and takes a risk and takes a chance in order to earn a livelihood and

maybe do a little bit better than the next person in the cove, or in the

harbour, or in the bay, but it is quite another thing when you have somebody

sitting in an office giving orders to somebody else saying: You go risk your

life, you risk your limb, you be away from your loved ones because we want to

make profits. Mr. Speaker, it is ever more important that we have appropriate

regulation and strong regulation that really protects our workers who are

working in the offshore.

Yesterday, the Minister of Natural Resources was speaking and spoke at length

about how we came into being with the offshore resources. I would like to add to

that part of the commentary because he spoke of the legal challenge that ended

up with the offshore oil resource belonging to the people of Canada. Well, Mr.

Speaker, it belongs to the people of Canada through the federal government but

we also are the people of Canada.

We are the people of Newfoundland and Labrador but that does not make us any

less Canadian. In fact, in many ways it may make us more Canadian because we

chose to join Canada and Canada for any other living Canadians certainly

evolved. There was nobody around from 1905, which was the last province to come

in before us. We chose Canada, we chose to join. We are content with the

offshore ruling with natural resources, with oil and gas, in that offshore

decision.

Mr. Speaker, there is another offshore decision which does not go so far

offshore, and that too is a Supreme Court of Canada decision. I hope that our

government, no matter which party it is led by, will take another look at who

has the entitlement to the resources out to the three-mile limit. Out to the

three-mile limit means out to the headlands, to all the points, then out three

nautical miles and all the way across. All of these inland waters, by another

Supreme Court of Canada decision, clearly belong to the people of the Province

of Newfoundland and Labrador as much as if they were on dry land.

Mr. Speaker, that is why in one way it troubles me somewhat when we talk

about drilling in the Gulf of St. Lawrence and when we talk about the horizontal

drilling, and ultimately the fracking that likely will take place. Why the

C-NLOPB has any application in that discussion is beyond me.

It is my view, Mr. Speaker, that clearly those are provincial resources

caught within the territorial sea of three miles that we brought to Canada as a

dominion when we joined. When we joined we were a fully autonomous dominion, the

same as Canada was a dominion, the same as Australia was a dominion, and the

same as New Zealand was a dominion. We came not as a colony and not as a

possession of somebody else, but as our own dominion. We brought those resources

with us.

Mr. Speaker, that Supreme Court of Canada decision says that out to the

three-mile limit it is clearly provincial. That means we need to make sure that

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER (Verge): Order, please!

MR. BENNETT: we appropriately manage that part of the near-shore and

the onshore resources.

Mr. Speaker, this bill that is proposed is something that in my view,

although it is necessary, is pretty feeble. It is a feeble piece of legislation

compared with what is available in the world today. If we look at another regime

for offshore regulation, in some instances we have looked at Norway, but most

importantly we look to Australia. If we look to Australia, we will see that the

Australian offshore is much, much larger than ours.

The Wells report in

article twenty-nine or paragraph twenty-nine, which my

colleagues have dealt with, called for a different regulator, a newer national

regulator. This is not contemplated in this legislation. Mr. Speaker, to show

you how far behind we are with this legislation, in 2005, four years before the

Cougar crash, Australia had that legislation. Australia already had that

legislation.

Mr. Speaker, if the Australians already had that type of legislation and

Australia is very similar to Canada, even though they call it the Commonwealth

of Australia it was still a dominion; and even though they call their federation

states instead of provinces, there is no doubt that it is pretty much exactly

the same as Canada is in composition. By comparison to where we are and

Australia is, if we look at simply in sheer size, the Australian offshore covers

approximately thirty platforms, fifteen FPSOs and FSOs, ten MODUs, ten vessels,

and ninety pipeline facilities. Compared to what we have, the Australians are

doing a much bigger job.

The legislation they passed in 2005, which was four years before the Cougar

crash, the legislation that we are shying away from today, the legislation which

should in my view entrench the Wells recommendation and the Wells

recommendation was made within a year and a bit after the Cougar crash. If we

were to get up to where Australia was in 2005, which is eight years ago, we

would have something similar to their offshore petroleum safety authority which

was established "to regulate the health and safety of workers on offshore

facilities in Commonwealth waters, and in waters where State powers had been

conferred.

Mr. Speaker, what we are looking at today is introducing legislation that

will have the similar aspects of the Australian legislation that was introduced

eight years ago, but we will not have a national regulator. Where are the

Australians today in this instance? In the beginning of 2012, they upgraded that

legislation. That legislation they upgraded at the beginning of 2012. They have

an individual who at that date was Jane Cutler, the chief executive officer of

NOPSEMA. NOPSEMA is the National Offshore Petroleum Safety and Environmental

Management Authority.

The Australians today, starting from a year ago, not only do they regulate

offshore health and safety, they also regulate the environment. The Australians,

eight years ago, came further than we plan to go today because we do not want to

have a national regulator. Since then, they have upgraded and improved their

legislation over the past eight years to have national health and safety, and

also to have national environmental regulation.

Mr. Speaker, what would it mean if we had national regulation? If we had

national regulation today, that cargo vessel that is not far from Change Islands

with 3,400 barrels of oil in it, with a crack in the hull that is leaking out

into the ocean, and jeopardizing our wildlife and our fishing industry, that

could easily be caught with the type of legislation, if it were a joint

endeavour between our provincial government and the federal government.

We hear that oh, this took fourteen years to put together this package

because they had to have the agreement of the Nova Scotians and the feds. We do

not need the agreement of the Nova Scotians to deal with our offshore with the

feds, when Nova Scotians have little to no application over there. They can have

their own deal with the feds; we can have our deal with the feds.

Mr. Speaker, how can it possibly take fourteen years to put together a piece

of legislation that will bring us not quite as up to date as the Australians

were eight years ago? The Australian legislation is there to compare; the

Australian legislation is there to contrast.

Mr. Speaker, it is not for want of representation by particular interest

groups. Various interest groups have very big concerns about the health and

safety in the offshore. In the Wells inquiry representations and submissions

were made by the Newfoundland and Labrador Federation of Labour.

The Newfoundland and Labrador Federation of Labour said and recommended and

they seemed to be somewhat pleased with this legislation, maybe without

realizing how much further it should go. Their recommendation number four said

that the language in the proposed

legislation be as strong as possible including the use of words such as

administer, enforcement , inspect, and investigate; to do otherwise than to

use words such as compliance and examine (inaudible) self-regulation.

The Newfoundland and Labrador Federation of Labour made this recommendation

three years ago and this is coming in the wake of the deaths of seventeen people

in the Cougar Flight 491 crash and that was years after the Ocean Ranger, so we

certainly should have had enough motivation.

The recommendation number six, which is also a critical recommendation of the

Newfoundland and Labrador Federation of Labour, is that we recommend it to

ensure the right to know and participate by giving the support they need to be

real rights in the offshore workplace, that full-time paid health and safety

representatives are in place and on duty at every work rotation.

Mr. Speaker, the representation in the organized labour of the people who

work in the offshore were making these recommendations three years ago. Justice

Wells made the recommendation in the Wells report that there should be a

national regulator, and he went to great lengths to say that within his terms of

reference because, clearly, you cannot go outside of your mandate. He called the

C-NLOPB to make a request or to ask both levels of government to go together on

a national regulator. Having a national regulator improves the chances of more

compliance and better compliance.

The types of things that he said, "It is recommended that a new, independent,

and stand-alone Safety Regulator be established to regulate safety in the C-NL

offshore. Such a Safety Regulator would have to be established, mandated, and

funded by both Governments by way of legislative amendment, regulation, or

memorandum of understanding, or other means." He is practically pleading in his

report saying you need to do this. I do not really care what you call it or how

you put it together, but do it because it needs to be done.

He also said, "It is further recommended that if, for any reason, it may not

be feasible at this time to do as recommended in 29(

a) above, both Governments

consider the enactment of regulations, or a memorandum of understanding, or such

other mechanism as may be suitable, to do as follows". Mr. Speaker, regulations

are sub-statute. Regulations can be agreed upon by both levels of government, at

a ministerial level, at a Cabinet level, and it can simply be done.

The regulations he had in mind were to "create a separate and autonomous

Safety Division of C-NLOPB, with a separate budget, separate leadership, and an

organizational structure designed to deal only with safety matters. A suggested

design for such a Division is to be found in the Observations

chapter of this

Report."

He also said, "establish, to support the full-time leadership and staff of

the Safety Division, an Advisory Board composed of mature and experienced

persons fully representative of the community and who are unconnected with the

oil industry." Mr. Speaker, what a startling recommendation to say not only

should you have an independent national regulator, you should have somebody who

has no vested interest in the financial outcome, but somebody from the community

who has the best interests of the safety in the offshore.

He said, "The Advisory Board would not be expected to contribute expertise in

aviation or other specialized fields. Its role would be to give mature" and he

keeps on saying mature "and balanced advice and support to the leadership of

the Safety Division, its officers and staff."

He said to "ensure that the Safety Division would have the mandate and

ability to engage, either on staff or as consultants, expert advisors to assist

it in its regulatory tasks. (iv) ensure that the powers, duties, and

responsibilities of the Chief Safety Officer be transferred to and incorporated

in the new Safety Division."

He said under his "Terms of Reference, I cannot recommend directly to

Governments" that was not his job "and so this Recommendation 29 is being

made to C-NLOPB, which has as part of its role the delegated responsibility to

advise both federal and provincial Governments on offshore safety governance."

His "recommendation is therefore that C-NLOPB itself recommend to both

Governments the changes to the regulatory regime which" he had recommended.

Justice Wells, who was commissioned to do the inquiry following Cougar, said

this needs to be done. Years later the government is coming along, and not only

are they not doing this, their legislation is so weak, is so puerile, is so

childlike that we have not quite caught up to the Australians from 2005. By way

of analogy, by of comparison, Mr. Speaker, if the Australians were on a

ten-speed bike in a road race, we would be coming along on a tricycle with this

legislation trying to catch up with them.

I think the people of this Province deserve better than this from this

government. Clearly, they should be able to beef up this legislation a little

bit, give us a national regulator, really put the health and safety of people

working in the offshore foremost, and then get moving immediately on an

environmental package that would go with it so we can at least catch up to where

the Australians were a year ago.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

It is a pleasure to rise in second reading of Bill 1 today to participate in

what is an important debate. I am pleased that the Member for St. Barbe

acknowledged the importance of this piece of legislation. It is a complex piece

of legislation.

I take exception to the member's comments that this is a feeble piece of

legislation. On one hand, I am pleased to hear him say that it is likely that

all members of this hon. House will support it, but I am disappointed to hear

him suggest that it is feeble, to use his word. We are talking about a piece of

legislation that is rather comprehensive. We are talking about bringing together

multiple jurisdictions, and ultimately, we are talking about creating a safer

environment for our workers in the offshore.

I want to begin just with a few reflections on the comments from the Member

for St. Barbe, who talked extensively about the Wells inquiry, and specifically

Recommendation 29. Let me be very clear, Mr. Speaker. On this side of the House,

we support every single recommendation that came out of the Wells inquiry,

including Recommendation 29.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Recommendation 29 calls for an independent offshore regulator.

We have been calling on the federal government for just that because we believe

it is the right thing to do and we support Commissioner Wells' recommendations.

At every opportunity that the Premier has had, that ministers in this government

have had, we have been calling on the federal government to implement

Recommendation 29.

We are pleased that twenty-eight of the twenty-nine recommendations have been

implemented, but we do believe the call for an independent offshore regulator is

absolutely the right one, and it is one that we will continue to advocate for.

In fact I said it to a couple of my colleagues late last week there is

probably no family in this Province that has not been touched by one of the

tragedies that has occurred in the offshore, be it the Ocean Ranger disaster, or

the Cougar Flight 491 tragedy. These are major disasters that have impacted just

about every family in Newfoundland and Labrador.

We have such a connection to the sea here. As a government, that is why all

members of this House consider issues related to search and rescue so important,

issues related to safety in the offshore so important. That is why I am so

pleased to have an opportunity to participate in this debate today.

For the member opposite to suggest that somehow we would not support

Recommendation 29, nothing could be further from the truth. We will continue to

advocate for that. In the meantime, we do believe this is a very comprehensive

piece of legislation that has been a long time coming.

It is national I believe throughout North America, actually. It is

Occupational Health and Safety Week. I am pleased the Minister of Service NL has

been doing numerous things to commemorate that occasion this week.

In my own department, the department I work in these days, Innovation,

Business and Rural Development, I am receiving messages on a daily basis from

employees who are actively engaged in the work of occupational health and safety

within our department. I know that is going on throughout government and

throughout North America this week. So it is a really appropriate time to be

addressing what is a very important piece of legislation.

There is great benefit to developing our natural resources offshore. There

are jobs created. There is huge economic benefit. It is generating huge wealth

for people in this Province, but we are very cognizant of the fact that we need

to do so in a responsible way. We need to do so in a very calculated way. We

need to do so in a very safe way. The safety of those women and men who are

working in that environment has to be paramount at all times.

When we talk about developing comprehensive offshore occupational health and

safety regulations and putting a regime in place that continues to address the

needs of workers in the offshore, there are a lot of things to consider.

Important things like safety inspections; accident incident investigations;

occupational health and safety committees; ensuring that the right kind of

safety training and an appropriate amount of safety training is available for

workers in the offshore.

We need to make sure that in all work environments, onshore or offshore,

everywhere, that there are appropriate emergency preparedness plans in place;

that there is an appropriate level of new employee orientation to address health

and safety; that employers have a proper safety auditing system in place; and

that employers have preventative maintenance programs in place. All of these

things are essential.

What we are trying to do here is ensure that these occupational health and

safety regulations, that an appropriate occupational health and safety regime

exists within the Atlantic Accord, which is why these amendments are necessary

at this time.

What we are doing through this act is amending the Canada-Newfoundland and

Labrador Atlantic Accord Implementation Newfoundland and Labrador Act. There are

actually amendments required to the Atlantic Accord to do what we are talking

about in this bill.

There is a safety regime in the offshore now, of course. There are rather

extensive regulations related to safety in place in the offshore currently.

There are safety provisions in the Accord Acts that provide autonomy of the

chief safety officer from the C-NLOPB to exercise certain powers respecting

offshore operations.

There is an MOU to give the C-NLOPB safety officers authority to administer

key provisions of the provincial Occupational Health and Safety Act. Those

principles, which are well known to many members of this House, include the

right to refuse, the right to know, and the right to participate.

We also currently have draft occupational health and safety regulations and

to do is come up with a single, comprehensive legislative framework to eliminate

this approach that we currently have with multiple jurisdictions, multiple

regulations, and multiple pieces of legislation involved.

This legislative framework that is proposed here incorporates key elements of

standard OHS policies and principles, but it also reflects joint governance

between the federal and provincial governments in the offshore. We need to embed

this occupational health and safety regime right into the Atlantic Accord, which

is what we are attempting to do through Bill 1.

This process started a number of years ago. It is rather complex and it has

taken considerable effort from the Government of Newfoundland and Labrador, the

Canada-Nova Scotia Offshore Petroleum Board, and working with the

Canada-Newfoundland and Labrador Offshore Petroleum Board.

We have multiple jurisdictions that are involved because we identified a flaw

in the Atlantic Accord essentially that did not allow us to bring in the

occupational health and safety regime that makes more sense than the current

regulatory environment we find ourselves in.

These regulations that we are talking about will not only apply on oil rigs.

They will not only apply on vessels. They will also apply as workers are

travelling to and from work on these vessels or on these rigs. That is important

to note as well. We are simply creating a regulatory framework and comprehensive

occupational health and safety regime within the Atlantic Accord to protect

those who are working in the offshore environment.

My colleague almost had an incident himself, spilling his water, but he seems

to be okay. He is recovering well, and he is onshore at the moment, Mr. Speaker

we think.

Mr. Speaker, as a government we are very committed to offshore safety and we

support the creation of a comprehensive, legislative OHS regime for the

Province's offshore. We are pleased that the extensive collaboration has gone

well, and I understand that legislation is also being tabled by the Governments

of Canada and Nova Scotia. We have to do everything we can to protect the

individuals who are working offshore.

I know that the amendments we are proposing here are tailored to the offshore

working environment and they include things like a worker's right to refusal, a

worker's right to know, and a worker's right to reprisal protection for raising

health and safety concerns. It also includes joint allocation of responsibility

among operators, employers, workers, and suppliers on all matters related to

health and safety.

The new occupational health and safety regime that is proposed by the

amendments that we are debating here today, they apply to workers in transit to

and from offshore platforms, as I have said. Actually, the federal Transport

Minister will now be required to sign off on regulations for the application of

the occupational health and safety regime to workers in transit and the operator

will continue to be responsible for passengers as well.

I really think we are going to end up with a situation where we have

streamlined regulations and simplified occupational health and safety framework

for the offshore.

In the few minutes I have left, I would like to also touch on what

specifically these amendments will do. They will place authority and fundamental

principles of OHS within the Accord itself, as I have said. They will also

clarify the roles of the various parties involved, which I think is really

important as well. They will clarify the roles and responsibilities of

regulators, employers, employees, governments; and, in fact, the provincial

Labour Ministers and the federal Minister of Natural Resources, in consultation

with the Ministers of Labour and Transport Canada, will develop regulations for

offshore occupational health and safety while our offshore petroleum boards will

administer the new legislation. These amendments will also grant those offshore

petroleum boards the authority to disclose information to the public related to

occupational health and safety.

From a transparency point of view and from an access to information point of

view, we certainly support the move to ensure the boards have the authority to

disclose information to the public when it comes to safety and the health of our

workers in the offshore. I think it is really positive that these amendments

will ensure that the new regime also applies to workers who are in transit to

and from our platforms, and would require the federal Minister of Transport to

recommend regulations related to OHS for those workers.

Another thing these amendments achieve, Mr. Speaker, is provide clear and

specific enforcement powers for Occupational Health and Safety officers,

including the powers of investigation, the powers of inspection, warrant

provisions, and order measures in case of dangerous situations. I think these

are absolutely positive steps forward.

As the Member for St. Barbe said, it would not surprise me at all if

everybody in this House supports this important piece of legislation. It makes

sense. It has been a long time coming. It shows what is possible when various

levels of government and various authorities work together. It also demonstrates

our commitment to ensuring that all those workers who work in a very harsh

environment in our offshore have the safest environment possible to conduct that

important work.

That is why I am very pleased to have this opportunity, Mr. Speaker, to rise

and speak briefly in support of Bill 1.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's East.

MR. MURPHY: Thank you, Mr. Speaker.

I think with this piece of this legislation we are at a bit of a turning

point. It has been a long time coming. One of the things I had to make note of,

of course, when the government first came out with the piece of legislation and

introduced it was a federal release on the matter. Let me just read one

paragraph here:

"Today's announcement is a result of our extensive collaboration with the

provinces to protect Canadians working in the offshore oil and gas industry a

sector vital to jobs and our economy,' said Minister Oliver. The proposed

amendments introduce measures that will further enhance Canada's offshore

industries' ability to operate safely and to the highest environmental

standards.'"

That was on May 2 of this year that they put out this announcement, of

course. Again it reiterates the fact, as the Natural Resources Minister said the

other day; it was a long road to get here. I keep asking myself why it took so

long, fourteen years from start to finish on this particular piece of

legislation. What the problem was, I do not know. What the work was that went in

behind it, I do not know. Still it was fourteen years, and fourteen years too

long.

We can go back to our history, of course, of accidents in our offshore, and

other members have already talked about it. I guess in some regard these are

ingrained in our history and ingrained in our culture as a result. Everybody

remembers, of course, the most recent accident of Cougar 491.

People would remember the helicopter accident, as well, in Placentia Bay that

happened several years ago. I think it was back in the 1980s. Six or seven men

and women died in that particular accident when it left in Placentia Bay.

Everybody remembers the Ocean Ranger. As other members have already said, we get

up and we state the case for occupational health and safety, remembering those

people we lost, Newfoundlanders and Labradorians, people from the mainland who

came and pioneered the resource.

I remember in particular one gentleman, we used to hang around with in high

school, Mr. Craig Tilley, who was lost on the Ocean Ranger. He had quite an

impact on our lives back in high school. He was part of the culture of the early

years of drilling in the Province. It was, to me, representative of what can

happen when things get out of control and things get out of hand.

You do not have sometimes, I guess, enough education. Sometimes we are

younger and maybe we ignore some warnings that are out there, unlike some people

who were out there on the rigs that left it because they recognized the dangers

of working offshore. It is for this reason we all get together, and we have to

talk about an important piece of legislation like that. It is in their memory

that we do this, and it is incumbent upon us to make sure this legislation is

going to work.

From what I see in this particular piece of legislation, there are a lot of

things there that are going to work and we support the government move in that

regard. The only thing that was missing in this piece of legislation, that I

think we all agree on, is the simple fact of having occupational health and

safety separate under Recommendation 29 in the Wells inquiry, to have that

separate safety authority there.

Failing that, however, we should always be pressing for that. Of course,

others have expressed the reasons why. I think it was Justice Wells himself who

said at that particular time that we may never be able to get there, to have

that board in place, but this would be the next best thing to it.

Speaking to this piece of legislation, too, it is important to note. I think

some people would probably have some insecurity as regards to this legislation.

In particular, my thinking would be in knowing that I have talked to a few

people who have been put in this situation. This industry can be intimidating

for somebody who is new into the scene. I think newer employees would probably

face more pressures than people who have been in the industry for several years.

I just want to make some comments as to some of the mechanisms that are built

into this piece of legislation as regards to the powers of enforcement. I think

it is important to note what this piece of legislation is actually doing to

protect workers at the same time, who would be making the call whenever there is

a problem on the offshore or with the helicopter ride, or whatever particular

part of the industry they are working in. It could be one of the supply vessels

or whatever.

When it comes to that, there are protections in there as regards to false

statements of information that can be made. There are also sections in there

that deal with obstruction. There are also sections in there that deal with, for

example, warrants and the taking of samples for anything that might go wrong, or

the acquisition of evidence.

As well as that, the particular sections that would be most interesting I

think to the workers out there would be this particular

section under 201.82. I

think it is very important again to reiterate this

section to those people out

there who are going to be making the majority of the calls when it comes to

occupational health and safety. These are their rights for the workers and these

are their protections.

Under 201.80, "A person shall not prevent an employee from providing to a

health and safety officer or to the board, or to a person or committee having

duties or functions under this Part, information that they may require to carry

out their duties or functions."

We go from that particular

section to 201.82, "An individual to whom

information obtained under this

Part is communicated in confidence shall not

disclose the identity of the individual who provided it except for the purpose

of this Part, and an individual who obtains that information in confidence is

not competent or compellable to disclose the identity of the individual who

provided it"

I think that is a very important

section here that needed to be talked about.

If we are talking about protecting people from reprisal and where the agency,

the chief information officer if you will, has his information to investigate,

it makes it harder for the company or the service in question in order to come

down on that worker. I like that part of it, that there is a degree of

protection there for that particular worker who makes that initial report. At

least that is my

interpretation of it, anyway.

I just want to reiterate some of the things that are in there as regards to

this particular amendment to the Atlantic Accord Implementation Act. We support

these measures that are brought in here. The people we consulted with are very

receptive to this. With the exception of not having that separate agency, this

is pretty good. This is valued support, of course, supporting the workers who

are out there.

It is incumbent on us to have made changes to this act. Again, while it was a

long time coming, we commend the government for coming forward with these

changes. In the next couple of years we are talking about flying out a little

bit farther. We are also talking about drilling a little bit deeper. We all know

what can happen with accidents on the offshore when we drill a little bit

deeper. We have the example, of course, of the Deepwater Horizon in the

Gulf of Mexico that was drilling in about 2,800 metres of water. The rig went up

and we lost some people down there.

We know accidents can happen very easily, of course, with the various

resources out there. When you are dealing in areas where you have never drilled

before, we are going into undiscovered country here, if you will, undiscovered

ways of exploration, and in some ways untried when we are talking about the

Orphan Basin. We are talking about going very deep. It is now, more than ever,

more important to have the protective measures in there in case something is

seen to possibly go wrong out there.

The eyes and ears of the people who are working out there are going to be the

ones who are probably going to be doing the reporting on this. It is incumbent

on them to do so for the protection of their fellow working man or working woman

who is out there working off our shores. As regards to the culture of making a

call, again, I touched on that. Of course, I like the protectionist mechanisms

that are there.

How important is this as regards to the importance to the Newfoundland and

Labrador economy? I think it is pretty clear that government had to do this. As

we go farther along, the numbers are there certainly. If it was based on that

alone, the numbers of people who are working in our offshore needed this. It is

an industry that has great importance to the Province's bottom line.

The Hibernia field, for example, generates about 1,618 people who are working

out there on that project, and we have other projects. Of course, the numbers

should not be strange to government. There are 1,491 people working on the White

Rose project. We can go on through exploration, the Mizzen field. We are a

growing industry and we do need the protections there.

As regards to one thing, as well, that I wanted to have a little thought

about, if you will, or a couple of thoughts about, is the fact of night-time

flying because I think that was touched on in the Wells report and by the

employees who are out there. There is some fear, some concern, over night-time

helicopter flights.

Again, I think that the oil companies that are out there exploring offshore

can go ahead and fly a little bit more, if you will, particularly during winter

months when the daylight hours are shorter, merely with the additional of an

extra helicopter or so. Now that might sound like it is a big expense to an oil

company, but it should not be in the context, say, for example, if you are

talking to ExxonMobil, who in the last quarter made $6.2 billion I think it was,

over the last three months.

Money, as regards to a person's safety and as regards to getting the work

done, I do not think is an object here. What I think is happening here, I can

understand their reasoning for securing their bottom line for the shareholders,

absolutely, but the safety of employees should be first and foremost on people's

minds whenever we are talking about these helicopter night flights.

Of course, it was Wells again, in his report, who talked about the fact that

out of all the accidents that happen out there, you have a 39 per cent how

shall it put it? The survival rate, I should say, is about 39 per cent against a

70 per cent survival rate when it comes to daytime flights.

We know that the waters out there are very cold. The next obstacle that we

have when it comes to rescuing anybody, if anything happens, for example, on an

offshore helicopter flight, happens to be night. It is a barrier. It can be

overcome with a little bit more investment on the part of the oil companies out

there and the accusation of helicopter services, we can get them to do this at

the same time.

There is no doubt that there is a case there already to be made for the

addition of helicopter flights. We know that during the summer the helicopter

flights can occur more, but again during the winter, with the addition of an

extra couple of helicopters, they can get the same work done; they certainly

can. As far as I am concerned, when you are talking $6.2 billion that they made

in the last quarter, it would be at very little expense. I will leave that

there, but again there are ways around that.

Mr. Speaker, I am pleased to say that I have read over this legislation. I

have talked to people on this. It seems to be very good to all who are concerned

out there. It is a good move on the part of government and on the part of the

federal government. Again, the wait was fourteen years, but it has been a long

time coming. We support the government with this particular motion.

At the same time, we will continue. As well as the provincial government will

continue, we also will continue over here on this side of the House to make sure

that we keep pressing for that safety authority out there, that separate

occupational health and safety authority out there to look after the needs of

the workers offshore.

Thank you, Mr. Speaker.

MR. SPEAKER: The Member for Humber West.

SOME HON. MEMBERS: Hear, hear!

MR. GRANTER: Thank you, Mr. Speaker.

It is indeed a privilege to stand today and take a few moments to speak to

Bill 1. I believe it is also an appropriate time this week at the beginning of

North American Occupational Health and Safety Week 2013, Mr. Speaker, to be

debating this bill here in the House. I had the opportunity yesterday, as others

did in the House, to be out front for the flag raising with the Minister of

Service Newfoundland and Labrador. It was a great flag raising yesterday

afternoon.

Over the last while, Mr. Speaker, I have had the opportunity a number of

times to stand in this House and debate issues with people across the floor that

are of necessity and importance to the people of Newfoundland and Labrador. I

want to stress today that Bill 1 is absolutely critically important to the

people of Newfoundland and Labrador, especially those who make their living from

the offshore. As the Minister of Natural Resources said yesterday, the health

and safety of all Newfoundlanders and Labradorians, especially those working in

the offshore, is absolutely paramount.

Newfoundlanders and Labradorians, Mr. Speaker, for hundreds of years have

been etching a livelihood from the sea. They have been doing it, Mr. Speaker, in

a climate that is the harshest in the world: high winds, sleet, fog, ice, and

rogue waves just to name a few. Our people, the people who work offshore, need

to be protected. That is what Bill 1 is introducing here in the House of

Assembly today.

The act is to amend the Canada-Newfoundland and Labrador Atlantic Accord

Implementation Newfoundland and Labrador Act. This act, Mr. Speaker, is

substantive, both in content and size, all 117 pages in length. It is a

culmination of much work and effort over the past fourteen years. It is

important to talk about what this act is. It is also important to talk about

what this act is not, by placing it in content, in context, in perspective, and

in time and circumstance in response to a question from the Member for St.

John's East.

Mr. Speaker, does this government want a regiment that is strong and protects

the safety of workers, a regiment that protects all Newfoundlanders and

Labradorians and all workers in our offshore? This is coming from someone who

has family and friends who for years have been making their livelihoods from the

sea. All members of this House on all sides I do believe, from all political

colours, have been touched by the enormity and strength of the ocean and it has

been referenced here in the House over the last couple of days. It is paramount,

I believe, that we all support this from all sides of the House and that we have

a unanimous vote in the positive on this bill today.

Mr. Speaker, this act is extremely extensive. They are the result of

extensive collaborations between the Government of Newfoundland and Labrador,

the C-NSOPB out of Nova Scotia. In addition, consultations with various

stakeholders during the development of these amendments occurred. They were

conducted in 2002, 2003, and again in 2010 as was illustrated yesterday by the

Minister of Natural Resources. A discussion paper out of those talks was

generated and developed. Written comments were solicited from all stakeholders.

People will ask what it is these amendments do, Mr. Speaker. Well, these

amendments today will provide a clear and enforceable regime and provide

appropriate regulatory making powers in offshore petroleum occupational health

and safety.

The process to get to where we are today took many, many years. They began

long before Commissioner Wells' study and the report he presented, Mr. Speaker.

I want to go on record here today, as did my colleague from Mount Pearl North

and others did earlier, that we support the recommendation of the Wells inquiry,

all twenty-nine of those recommendations. As was talked about here in the House

a number of times, twenty-eight of the twenty-nine have already been implemented

here in the Province, and we support the inclusion of all of them.

This government continues to advocate, as was mentioned in the House by the

Premier last week and the Minister of Natural Resources yesterday, for a

this report, he highlights and says he was aware of the work at that time taking

Scotia, the C-NLOPB, and the C-NSOPB; and that this work that we are taking

place that led to Bill 1 here in the House of Assembly this week, Mr. Speaker,

was taking place and was recognized by Commissioner Wells.

It is important for all of us to remember, and all Newfoundlanders and

Labradorians to remember, Mr. Speaker, this legislation today, and I think it is

recognized by all parties here in the House, does not and will not compromise a

new safety regulatory entity. This bill is comprised of standard occupational

health and safety principles and practices that would complement future

legislative changes.

The amendments, Mr. Speaker, that are included in Bill 1 will provide a clear

and enforceable regime and provide appropriate regulatory making powers in

offshore petroleum operations. This will be achieved by putting authority for

occupational health and safety into legislation governing the offshore petroleum

boards. That is what Bill 1 does. This bill, Mr. Speaker, provides clear and

clean legislation. I think that is important; it is clear and it is clean

legislation from a number of sources on a comprehensive, legislative regime for

occupational health and safety standards for workers in our offshore.

The new legislative regime discussed here in this House today will provide

government with the necessary mechanism, Mr. Speaker, to act on occupational

health and safety related matters. These mechanisms, for example, include the

initiation of audits, inquiries, and the creation of a provincial advisory

council to speak to occupational health and safety issues.

Mr. Speaker, I just want to take a moment out of the 117 or 118 pages to

refer to

section 201.114 on page 107 which talks about the advisory council.

This is important and I think it is a very friendly piece in the Act, Mr.

Speaker, with regard to this

section for the safety of workers in our offshore.

I just want to take a minute or two to go down through that section, 201.114 on

page 107.

It talks about the establishment of this advisory council, Mr. Speaker, "(a)

4 representatives of employees and 4 representatives of industry; and (b) 2

government of the province".

"

(2) In addition to the representatives appointed under subsection (1), the

chief safety officer or his or her representative shall be a non-voting of the

advisory council.

(3) Two employee representatives and 2 industry

representatives shall be appointed jointly by the provincial minister and the

provincial minister defined in paragraph 2(

t) and the other 4 shall be appointed

jointly by the federal count

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2013-05-07
Typehansard
Volume / chapter2013-05-07
Languageen
Formathtm
SourcePROVINCIAL
Identifier6ee9feee3c0bda480702d49244df25d5f36dd78f

Source file is stored in the law ingest library (htm).