March

22, 2010 HOUSE OF ASSEMBLY PROCEEDINGS Vol. XLVI No. 44

The House met at 10:00 a.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

SERGEANT-AT-ARMS: Mr. Speaker, His Honour the Lieutenant Governor has

arrived.

MR. SPEAKER: Admit His Honour the Lieutenant Governor.

SERGEANT-AT-ARMS: All rise.

Mr. Speaker leaves the Chair.

His Honour the Lieutenant Governor takes the Chair.

SERGEANT-AT-ARMS: It is the wish of His Honour the Lieutenant Governor

that all present please be seated.

HIS HONOUR THE LIEUTEANT GOVERNOR (John C. Crosbie, PC, OC, ONL, QC):

Mr. Speaker and Members of the Honourable House of Assembly:

The Second Session of the Forty-Sixth General Assembly of this Honourable

House of Assembly is about to be prorogued, but before releasing you from your

duties, I wish to express gratitude for the careful and sympathetic attention

you have given, or some of you, to the important matters brought before you by

My Ministers. Your diligence has greatly benefited the people of Newfoundland

and Labrador.

Mr. Speaker and Members of the Honourable House of Assembly:

Sixty pieces of legislation were enacted during this Session of the

Honourable House of Assembly. In particular, legislative initiatives were taken

in the areas of natural resources, health, education, government services,

finance, justice, municipal affairs, transportation, innovation, environment,

labour, Aboriginal affairs, the House of Assembly, and child, youth and family

services. Several resolutions were also passed, among them two concerning the

Office of the Child and Youth Advocate, and another appointing the first

Members' Compensation Review Committee.

Mr. Speaker and Members of the Honourable House of Assembly:

As its very first order of business, My Government introduced

An Act

Respecting Apologies - this is a new departure - new legislation recommended in

both the December 2008 report of the Task Force on Adverse Health Events and the

March 2009 report of the Cameron Commission of Inquiry on Hormone Receptor

Testing. The Apology Act allows for an honest expression of regret or remorse by

providing that an apology made by or on behalf of a person in relation to a

civil matter does not constitute an admission of fault or liability by the

person or a confirmation of a cause of action in relation to the mater; it does

not affect the insurance coverage available to the person; it may not be taken

into account in the determination of fault or liability; and it is not

admissible in a judicial or quasi-judicial proceeding as evidence of the fault

or liability of the person in connection with the matter.

Mr. Speaker and Members of the Honourable House of Assembly:

There is no higher priority than safeguarding the best interests of our

children. Last year, My Government established the new Department of Child,

Youth and Family Services and brought forward amendments to the Adoption Act,

the Child Care Services Act, the Child, Youth and Family Services Act and the

Regional Health Authorities Regulations to effect an orderly transfer of

operational responsibilities for services from the regional health authorities

to the newly-created department.

My Government introduced an amendment to the Judicature Act to replace the

Unified Family Court by reorganizing the Trial Division of the Supreme Court of

Newfoundland and Labrador into two parts: a General Division having

responsibility for all mattes other than family law matters and a Family

Division that would have responsibility for family law matters. The amendments

permit the current jurisdiction of the Unified Family Court and its replacement,

the Family Division, to be extended to other areas of the Province.

My Government brought forward a Bill to amend the Children's Law Act

respecting declaratory orders of parentage when the alleged father of a child is

deceased.

To reflect recent developments in the law regarding spouses, My Government

brought forward the Spouses Amendment Act, revising eight pieces of legislation

and two pieces of subordinate legislation to provide a unified and consistent

definition of the term spouse by changing language that, either explicitly or

implicitly, assumed that spouses must be members of the opposite sex.

My Government brought forward three pieces of new legislation regarding vital

events. First, the new Vital Statistics Act, 2009, which consolidated and

revised the existing law to modernize the language, to remove gender bias, to

remove the bias against common-law couples, to strengthen the provisions

surrounding protocol and to protect personal information. A second bill replaced

the Solemnization of Marriage Act with a new, modernized Marriage Act. The third

was a new Change of Name Act, 2009, which modernizes the law respecting name

change requests and provides an avenue of appeal when such requests are denied.

My Government also introduced amendments to the Vital Statistics Act, 2009

that, among other things, allow nurse practitioners and registered nurses to

sign the medical certificate portion of the death registration form for deaths

and stillbirths in the absence of a medical practitioner.

Following extensive consultations with the Law Society of Newfoundland and

Labrador, My Government brought forward a new Registration of Deeds Act, 2009 to

consolidate and modernize the law with respect to the registration of deeds and

other documents. The new law will allow access for people throughout the

Province to these important documents while at the same time enhancing the

privacy of personal details contained in these documents.

My Government brought forward a new Condominium Act, 2009 to replace the

thirty-four-year-old law with modern legislation reflecting growth and change in

the Province's condominium industry. The Act's many new provisions reflect the

recommendations My Government received during extensive consultations throughout

the Province.

My Government introduced a new Public Trustee Act, 2009 to repeal and replace

the existing law to reflect the current realties of the administration of

estates in the Province. The legislation provides for the transfer of the

responsibility and the organizational framework associated with the

administration of estates from the Supreme Court of Newfoundland and Labrador to

an independent Office of the Public Trustee, a structure consistent with those

in the other common law jurisdictions of Canada.

Mr. Speaker and Members of the Honourable House of Assembly:

My Government brought forward a bill to amend the Victims of Crime Services

Act to require peace officers to provide information concerning victims to the

Victims of Crime Services Division. The amendment clarifies the obligation of

police officers, strengthens the referral process, and benefits the victims of

crime, who will receive the information they need about services and programs

that are designed to support them.

Building on several other measures to improve access to legal aid in

Newfoundland and Labrador, My Government introduced an amendment to the Legal

Aid Act to improve the efficiency of processing legal aid applications. This

particular change reflects the recommendation of the February 2008 report of My

Government's Task Force on Criminal Justice Efficiencies.

My Government brought forward progressive amendments to the Tobacco Control

Act that, among other things, have eliminated tobacco power walls in the

Province's retail outlets and prohibited the sale of tobacco in additional

locations, including educational facilities and sporting venues.

Mr. Speaker and Members of the Honourable House of Assembly:

My Government brought forward amendments to the Student Financial Assistance

Act to allow for the elimination of interest on the provincial portion of

student loans. This is yet another measure My Government has taken to give

Newfoundland and Labrador one of the most affordable, accessible and attractive

post-secondary education systems in the country.

My Government introduced legislation to fulfill a tax commitment contained in

the 2009 Budget relating to the dividend tax credit under the Income Tax Act,

My Government introduced an amendment to the Labour-Sponsored Venture Capital

Tax Credit Act to improve the tax competitiveness of the Province.

This Honourable House enacted a new Credit Unions Act, which provides more

powers to the board of directors of credit unions and reduces red tape in their

operations.

In a continuing effort to reduce red tape, My Government brought forward a

new Consumer Protection and Business Practices Act, consolidating and replacing

many Acts including the Trade Practices Act, the Direct Sellers Act, the

Unsolicited Goods and Credit Cards Act, the Consumer Reporting Agencies Act, the

Consumer Protection Act, the Cost of Consumer Credit Disclosure Act, and the

Unconscionable Transactions Relief Act.

My Government introduced a new Revenue Administration Act to further reduce

red tape and the administrative burden on taxpayers by consolidating the law

with respect to the administration of various taxation schemes within the

Province. The new Act replaces the Gasoline Tax Act; the Health and

Post-Secondary Education Tax Act; the Horse Racing Regulation and Tax Act; the

Insurance Companies Tax Act; the Mining and Mineral Rights Tax Act, 2002; the

Retail Sales Tax Act; and the Tobacco Tax Act. If you had remained open any

longer, God knows how many other things you would have done.

In compliance with the recommendations of the Members' Compensation Review

Committee established in light of the Green report, the House approved an

amendment to the House of Assembly Accountability, Integrity and Administration

Act that, among other measures, freezes MHAs' salaries for a period of time.

Congratulations!

My Government brought forward several Bills regarding pensions; namely,

amendments to the Pensions Funding Act, the Members of the House of Assembly

Retiring Allowances Act, the Government Money Purchase Pension Plan Act, the

Teachers' Pensions Act and the City of St. John's Act; and Members also dealt

with two Bills to amend the Memorial University Pensions Act.

Mr. Speaker and Members of the Honourable House of Assembly:

Following extensive consultations with accounting professionals, My

Government brought forward a new Public Accountants Act. The Act changes the

governance of the profession by allowing the accounting profession to appoint

their own members to the licensing board, while retaining public representatives

on the board. The Act also enhances the accountability of the profession by

providing for an impartial hearing process, extensive and varied sanctions in

the event of a finding of fault, and a process for informing the public of the

outcome of a disciplinary proceeding.

Also following a period of consultation, My Government brought forward

legislation to amend the Engineers and Geoscientists Act, 2008 to make by-laws

with respect to the appointment of committees to assist the board of directors

in the conduct of the duties and powers under the Act.

Following the advice of the Province's Pharmacy Board, with the support of

the Province's College of Physicians and Surgeons, My Government introduced

amendments to the Pharmacy Act to enable a pharmacist to fill a prescription

authorized by a prescriber practising outside the Province, consistent with the

practice in other provinces.

In consultation with members of the chiropractic profession, My Government

brought forward a new Chiropractors Act to enhance accountability.

In response to a request by the Newfoundland and Labrador Occupational

Therapy Board, My Government brought forward amendments to the Occupational

Therapists Act, 2005.

To improve the safety of the working environment, My Government introduced

amendments to the Occupational Health and Safety Act.

To aid emergency response personnel and advance public safety, My Government

brought forward amendments to the City of Corner Brook Act, the City of Mount

Pearl Act and the City of St. John's Act to provide authority to the municipal

councils to require property owners to attach civic numbers to their buildings

and houses in a form required by the councils. A further amendment to these Acts

and also to the City of St. John's Municipal Taxation Act and the Municipalities

Act, 1999 gives municipalities the authority to charge compound interest on

arrears of taxes.

My Government brought forward a new Labour Mobility Implementation Act to

provide individuals who are certified to practise an occupation from other

jurisdictions with easier access to certification in Newfoundland and Labrador.

Such certification will allow them to practise their occupation in this Province

in accordance with

Chapter Seven of the Agreement on Internal Trade, and ensures

that regulators who issue such certifications in this Province consider and

apply

Chapter Seven for those from other jurisdictions. The Act, which is

consistent with the actions of other jurisdictions across Canada, ensures

individuals with these certifications will encounter fewer obstacles to

mobility.

My Government brought forward a Supplementary Supply Act, 2009-2010 to

provide financial benefits for workers displaced by the closure of the

AbitibiBowater mill in Central Newfoundland, including severance for unionized

and non-unionized mill workers, silviculturists and loggers, and certain

entitlements under the Work Force Reduction Program and Early Retirement

Allowance program.

Mr. Speaker and Members of the Honourable House of Assembly:

To facilitate the progress of work to develop the hydro-power resources of

the Lower Churchill, My Government brought forward an amendment to the Energy

Corporation of Newfoundland and Labrador Water Rights Act to clarify what

constitutes the Lower Churchill River for the purpose of the Act.

My Government brought forward two Bills regarding rail service in the

Province. The new Rail Service Act, 2009 anticipates the provision of new rail

services in Labrador in association with mining operations.

On behalf of My Government, My Minister of Aboriginal Affairs introduced two

Bills amending the Labrador Inuit Land Claims Agreement Act. The first simply

incorporated changes which were finalized in accordance with the agreement on

the effective date, December 1, 2005. The second incorporated an agreement

between the Nunavik Inuit and the Labrador Inuit respecting their overlapping

land claims in an area in Northern Labrador and offshore areas adjacent to both

Northern Labrador and Northern Quebec.

Having launched the Province's Research & Development Corporation in May

2009, My Government brought forward amendments to the Research and Development

Council Act that, among other things, expanded the definition of research to

include social sciences and humanities along with science, engineering and

technology.

Mr. Speaker and Members of the Honourable House of Assembly:

Among the other legislative measures enacted during this Session were

amendments to the Highway Traffic Act; the Loan and Guarantee Act, 1957; the

Workplace Health, Safety and Compensation Act; the Income Tax Savings Plans Act;

the Provincial Court Act, 1991; the Wild Life Act; the Private Investigation and

Security Services Act; the Attorney General Statues Amendment Act, 2009; the

Liquor Control Act; the Petroleum Products Act; and the Order of Newfoundland

and Labrador Act.

My Government also repealed legislation that is no longer of use. For

example, while there are no adverse effects associated with the repeal of the

Government-Kruger Agreements Act, the repeal has removed sixty-five regulatory

requirements from government's operations. Other examples of repealed

legislation include the Labrador Transportation Initiative Fund Act, and the

Newspapers and Books Act.

Mr. Speaker and Members of the Honourable House of Assembly:

I thank you for the large measure of Supply you have granted. I assure you

the appropriations you have granted have been and will be expended by My

Ministers with care and efficiency.

Mr. Speaker and Members of the Honourable House of Assembly:

Just before saying this, I want to welcome the Premier back and congratulate

him on the successful operation that he had. He is certainly looking in very

good shape, and he is just as active and enthusiastic as ever. I thought I would

get that in before proroguing the House.

Mr. Speaker and Members of the Honourable House of Assembly:

It is my pleasure that the Second Session of the Forty-Sixth General Assembly

now be prorogued and it is prorogued accordingly.

His Honour the Lieutenant Governor leaves the Chamber.

Mr. Speaker returns to the Chair.

MR. SPEAKER (Fitzgerald): Order, please!

For the interest of our viewing audience, this House will reconvene at 2:00

o'clock this afternoon with the Speech from the Throne and the beginning of the

Third Session of the Forty-Sixth General Assembly.

Pursuant to the Speech by His Honour the Lieutenant Governor, this House now

stands prorogued.