Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 5 December 2006 (45th General Assembly, 3rd Session, Vol. XLV No. 34)

2006-12-05

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 5 December 2006 (45th General Assembly, 3rd Session, Vol. XLV No. 34)

2006-12-05

Newfoundland and Labrador — Debates (Hansard)

December 5, 2006 HOUSE OF ASSEMBLY

PROCEEDINGS Vol. XLV No. 34

The House met at 1:30 p.m.

MR. SPEAKER (Hodder): Order, please!

Admit strangers.

This afternoon we are very pleased to welcome members of the Farm Industry

Review Board. They are Martin Hammond, the chairperson; Violet Parsons, the vice

chairperson. Members are: Wayne Ruth, John Dinn, Rita Legge, Connie Stewart and

Merv Wiseman.

Welcome to our House.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

MR. SPEAKER: This afternoon we have members' statements as follows: the

hon. the Member for Grand Bank; the hon. the Member for Conception Bay South;

the hon. the Member for Carbonear-Harbour Grace; the hon. the Member for

Exploits; the hon. the Member for Fortune Bay-Cape la Hune; and the hon. the

Member for Bonavista North.

The Chair recognizes the Member for Grand Bank.

MS FOOTE: Mr. Speaker, I rise today to congratulate the Town of St.

Lawrence and its residents. The St. Lawrence Centennial Soccer Pitch has been

designated as a Municipal Heritage Site by the Heritage Foundation of

Newfoundland and Labrador.

The president of the Heritage Foundation of Newfoundland and Labrador, Robert

Parsons, presented a plaque designating the site during the St. Lawrence Soccer

Association's annual banquet and awards night.

The Historic Places Initiative Program has designated significant sites in

talents or municipalities as historical sites. The Town of St. Lawrence

researched and applied for four sites within its town for designation under the

Historic Places Initiative Program. Recently, the Truxtun Shipwreck Site at

Chamber Cove was designated, as well as the Salt Springs Mine Site. The Soccer

Pitch is the third.

The first recorded soccer game in St. Lawrence was in 1904 between the St.

Lawrence Laurentians and a team from St. John's. The title, Soccer Capital of

Canada was bestowed on St. Lawrence by the Canadian Soccer Association. The

Centennial Soccer Pitch is culturally valuable because it reflects the

importance the sport has played in the community over the years and the values

that have been transmitted to children and adults.

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

Town of St. Lawrence and its residents on this latest recognition.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Conception Bay South.

MR. FRENCH: Thank you, Mr. Speaker.

I rise today to recognize two exceptionally young athletes, Mr. Nick Hayden

and Ms Michelle Rideout, who were recently named the top male and female

provincial players of the year, respectively, at the Newfoundland and Labrador

Amateur Baseball's annual general meeting in Gander.

Michelle Rideout is a member of the Bantam Girls Selects who represented the

Province at the Nationals in Alberta. In this tournament, she batted an

impressive 364, and was the top pitcher, pitching twelve innings and striking

out twenty-three batters. Incidentally, she also led the team in RBIs.

Naturally, Michelle was named her team's MVP at the Bantam Provincials this

season in St. John's.

During the 2006 season, Nick Hayden was a key player with the CBS Raiders

team in the Mount Pearl Junior League. Mr. Hayden is a well-rounded player who

has excelled in every aspect of the game, on the mound, in the infield and in

the outfield, as well as being one of the most consistent and feared hitters in

the league. At only sixteen-years-old, he is one of the most talented players in

the Province, earning numerous awards.

Mr. Speaker, these two individuals have represented our Province well and

made us proud. I ask all hon. members to join with me in congratulating Nick

Hayden and Michelle Rideout, Newfoundland and Labrador Amateur Baseball's top

male and female provincial players of the year.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Carbonear-Harbour Grace.

MR. SWEENEY: Mr. Speaker, I rise today to congratulate Matt Bramwell, a

Carbonear native and winning pitcher who helped capture the American Softball

Association's national championship this past summer.

Mr. Speaker, a strong arm in Carbonear softball has moved on to bigger and

greater gains and he is doing it American style. Matt Bramwell, who pitched with

local softball leagues while growing up in Carbonear, is currently playing ball

with Circle Tap, a major fast pitch team out of Green Bay, Wisconsin, U.S.A.

Matt began pitching ball in Carbonear in 1992, the same year his team hosted

and won the Provincial Summer Games. It was also the same year Circle Tap was

founded. Matt was the winning pitcher for the team August 4, when Circle Tap won

the American Softball Association's national championship. The team competes

nationwide in the American Softball Association and the international softball

congress.

Mr. Speaker, this is the first season Matt has played with the American

League. After playing with Frankenmuth, Michigan, and Impact Signs of the St.

John's Seniors Men's A League last season, who finished second in the

Canadian nationals, the first base player and pitcher was recruited to Wisconsin

in the off season.

Matt, who now lives in Halifax and works as a registered nurse in the

Intensive Care Unit at Capital Health, travels to the U.S. on weekends to play

invitational tournaments.

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

congratulating Matt Bramwell, the winning pitcher who helped capture the

American Softball Association's national championship.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. FORSEY: Mr. Speaker, I rise today to recognize the hard work and

dedication of the Dr. Hugh Twomey Health Care Centre Auxiliary.

Mr. Speaker, the auxiliary was formed at the old cottage hospital in 1986,

and there are still eight dedicated members who were present at that first

meeting: Doris Jerrett, Hazel Elliott, Pansy Yates, Hazel Waterman, Florence

Hancock, Doreen Jewer, Melinda Sparkes, and Bertha Butler. These volunteers run

the gift shop, hold fundraisers, and they also volunteer with activities for the

residents.

Mr. Speaker, all funds raised go back to the Twomey Centre for much needed

items for the residents. They have raised thousands of dollars since 1986,

including recently the renovation of a palliative care room at a cost of

approximately $15,000.

Mr. Speaker, I ask all members to join me in congratulating these dedicated

volunteers on receiving their Life Membership for twenty years of service.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Fortune Bay-Cape la Hune.

MR. LANGDON: Thank you, Mr. Speaker.

Mr. Speaker, on November 25, I was delighted to attend the forty-first annual

Charter Night of the Harbour Breton Lions Club. I was able to share an evening

of celebration with District Governor Oral Clarke, President Leo Baker, local

Lions and invited guests.

The highlight of the evening was the presentation of the Lion of the Year

Award. Mr. Lloyd Blake, a twenty year member of the club, received this

prestigious award for his years of dedicated service. Lloyd remains a very

active Lion and is well known for his contribution to organizing the annual

Speak-off and Citizen of the Year Banquet for the club.

Mr. Speaker, there were three Lion members who received the thirty year

Chevron Award. They were: Stan Tibbo, Claude Rose, and Will Strickland.

The most remarkable part of the evening was the introduction of ten former

Lioness into the Lions Club. Due to the economic situation of the community, the

Lioness Club had difficulty with fundraising and membership within their club

dropped; however, the remaining members were committed to continue their active

participation in the community. They approached the Lions to join their

organization and, for the first time ever, these ladies became members of the

Harbour Breton Lions Club.

Mr. Speaker, the new members are: Vera Mullins, Georgina Ollerhead, Diane

Mullins, Emily Grant, Nancy Snook, Patsy Snook, Charlotte Snook, Lillian Colombe,

Lillian Hynes, and Marie White.

The Lions Club in Harbour Breton continues to be one of the most important

charitable organization in that community. Their involvement includes operation

of the community ambulance service, senior citizens' cottages, and local

playground. They financially support local residents in need for medical travel,

sponsor socializing events for seniors, contribute to local schools and sponsor

the local cadet corps, just to name a few of their activities.

Mr. Speaker, I ask all members to join me in congratulating the Harbour

Breton Lions Club for hosting a successful charter night. I congratulate the

award winners and new members and extend best wishes for their continued service

to the residents of Harbour Breton.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: Mr. Speaker, I rise today to congratulate and acknowledge

the achievement of a tremendously talented artist from Bonavista North.

Janet Davis, owner of Norton's Cove Studio, Brookfield, was recently

recognized by the Craft Council of Newfoundland and Labrador for her efforts

related to the preservation and advancement of our culture and heritage. Ms

Davis received an award for Excellence in Craft in the category of

Interpretation of Provincial History. The presentation ceremony took place at

the recent opening of the Fine Craft and Design Fair in St. John's.

The award, sponsored by the Historic Sites Association, was presented

primarily with reference to an eight by ten foot hooked mat entitled: Clifford's

Education Fund. The hooked mat depicted salt fish drying on a constructed flake.

The piece is currently being displayed at The Rooms Museum as a part of the

Traditions in Transition Exhibition and can be seen until January 21.

Ms Davis is also an exceptional print maker, and her work reflects essential

elements of our past in a very important way. Her work captures the beauty and

strength of outport Newfoundland culture.

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

Davis on her award and her continued efforts to preserve the culture and

heritage of rural Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, I would like to inform my colleagues about the successes three

clients of the Department of Innovation, Trade and Rural Development have

enjoyed as a result of participating in our trade missions this fall.

Holly Howard Incorporated of Conception Bay South, creator of the popular

Puff Baby clothing line, was a first-time participant in the department's

recent trade mission to Florida. The company's goal for the mission was to

determine if there was interest in the product line outside of this Province.

Holly Howard, the company's founder, says the mission greatly exceeded her

expectations. After taking in nine meetings in Florida, the company has received

three sales orders, with two additional leads for future sales. Also, the

company is presently in talks with Walt Disney corporation about submitting

design samples and possibly becoming one of Disney's vendors.

Pixecur Technologies of St. John's is a growing, dynamic company with an

innovative vision. Pixecur's participation in trade missions to Florida and

Ireland this fall marked the companies first foray into export markets, and

their Internet-based data storage technology is capturing attention in these

markets. After making eighteen promising international business connections,

Pixecur is currently focused on the necessary follow-up and closing deals.

Tom Chalker, the company's owner, believes the missions to Florida and

Ireland have resulted in a strong potential for international sales, and have

given his company enhanced credibility in new export markets. Mr. Chalker says

Pixecur is now better equipped to serve potential clients abroad, after

participating in these missions.

Ewe Design, based in Trinity Bight, crafts traditional knitwear using 100 per

cent homespun wools and novelty yarns. The company enjoyed great success during

a recent trade mission to Iceland, signing a lucrative sales order with Iceland's

largest wool store, ALAFOSS. The company also confirmed a second sales order as

a result of the mission.

Company owner, Joan Kane, was equally successful in securing a supply of

popular Icelandic wool to use in her companies creations. Mr. Speaker, I would

like to note that all of Ewe Design's products are hand-knit in the homes of

women in the Trinity Bight area.

Mr. Speaker, without the financial and logistical assistance that government

provides, many companies would be unable to explore export markets or arrange

these meetings on their own, making it difficult, if not impossible to penetrate

new markets.

I ask my colleagues, Mr. Speaker, to join with me in congratulating these

companies and wish them continued success for the future.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Grand Bank.

MS FOOTE: Thank you, Mr. Speaker.

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

As I read the first paragraph, it said, "I would like to inform my

colleagues about the successes three clients of the Department of Innovation,

Trade and Rural Development have enjoyed ..." I immediately thought, he

must be talking about Persona, Rogers and MTS Allstream, but as I read down

through, Mr. Speaker -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS FOOTE: - I recognized that there are three local companies. I want to

congratulate those companies as well. Obviously, they have done very well, and

being able to go on the trade missions spoke volumes, I think, for that success.

I encourage them to continue to do the type of work that they are doing,

because, of course, what it does, it puts on display the -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. member does have some seconds left and if she wishes to continue I

ask members for their co-operation.

MS FOOTE: Mr. Speaker, it is pretty obvious that they do not like to hear

the truth. If you want to talk about truth, let's talk about $15 million being

spent on Persona. Imagine how many companies could get to go on trade missions

if we took that $15 million and made it possible for other local companies to,

in fact, go to different parts of this world. If you want to talk about waste of

money, let's talk about your $15 million for Persona and then we will talk

about what you are doing as a government in this Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. member's time has expired.

The hon. the Member for Signal Hill-Quidi Vidi.

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

I, too, thank the minister for the advance copy. I, too, congratulate the

companies who were chosen to be part of the trade missions. I am obviously very

pleased to see such results and I would hope that we can involve many more

companies as time goes on.

I would be pleased, though, if the government would also recognize that they

just did not do this on their own, that our government is involved in the Team

Canada Atlantic venture and that it is a joint effort of governments together,

including ACOA, to do this.

MR. TAYLOR: It was only in Florida (inaudible).

MS MICHAEL: Only Florida, Mr. Speaker, but two of them were Florida, so I

think it would be good to recognize the joint nature of this effort.

Thank you very much.

MR. SPEAKER: Further statements by ministers.

Oral Questions.

Oral Questions

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

MR. REID: Thank you.

Mr. Speaker, for over a month now we have been asking questions about the

fibre optic deal in which the Province and the taxpayers of this Province have

invested $15 million. We have asked a lot of questions, but we have had few, if

any, answers.

My question today is for the Premier, and it is simple and straightforward.

Will you tell us, Premier, how much each of these partners, other than

government - namely, Persona, MTS Allstream and Rogers - are putting into this

deal?

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

When this is all concluded, all of the information surrounding that will be

laid in front of everybody. Mr. Speaker, right now we are in for approximately

30 per cent of the cost of this infrastructure and a private consortium is in

for the remainder, approximately 70 per cent; $37 million will be put in by the

private sector and $15 million will be put in by the government.

Mr. Speaker, if the Opposition want to look back over the deals that they

have done on telecommunications, or otherwise, in Newfoundland and Labrador, I

am sure they will not find one example of infrastructure development in the

telecommunications industry in Newfoundland and Labrador where 70 per cent has

been put in by the private sector and 30 per cent by the public sector. Not even

close, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

The minister talks about telephone contracts and telecommunications deals,

maybe the Premier will get up one of these days and tell us about the one that

he did with a government not too many years ago.

Mr. Speaker, what the minister is saying is absolutely ridiculous. We are

putting $15 million of taxpayers' dollars on the table and he will not even

stand today and tell us what percentage or what amount each of these individual

companies are putting in.

I ask the minister: What are you hiding?

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, I do not know what he is talking about. What is he talking

about, hiding? The EWA report is out there. We have already told them, told

everybody in the Province, that the Auditor General can have full access to all

of this. We are in the midst of trying to develop the terms of reference. We are

in the midst of identifying the additional funds that the Auditor General

requires in order to complete his evaluation and his assessment of the deal.

What is it they are looking for? Why don't they read some of the

documentation that is out there, like, for example, Mr. Speaker, the report that

was done by Industry Canada, the Government of Newfoundland and Labrador, and

Atlantic Canada Opportunities Agency on the broadband situation in Newfoundland

and Labrador? Why doesn't he read the part that says, for example, in this

Province the competitive marketplace is defined rather differently than the rest

of Canada as true competition does not exist?

SOME HON. MEMBERS: Hear, hear!

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

MR. REID: Thank you, Mr. Speaker.

The minister just said that we are putting in 30 per cent. The other three

companies - and he did not even say that, the other three, he said the

consortium are putting in 70 per cent.

Why don't you give us a breakdown of how that 70 per cent is divided. How

much is Rogers putting into that, how much is Persona putting into that, and how

much is MTS Allstream putting into it?

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, the important thing for the people in Newfoundland and Labrador

is that their money, $15 million of their money, is going in to buy an asset, an

asset, Mr. Speaker, that Trevor Miller, who wrote the Leader of the Opposition,

who runs a telecommunications company in Central Newfoundland, in Grand

Falls-Windsor, who condemns the Leader of the Opposition and his party for the

opposition that they have to this deal - maybe he might want to read out what it

says here about the need for this infrastructure in Newfoundland and Labrador.

Maybe he wants to read what Mr. Harry Tucker says about the need for this

infrastructure in Newfoundland and Labrador. Maybe, Mr. Speaker, he wants to

read what everybody else in the telecommunications industry has said; and, Mr.

Speaker, maybe he will want to review the deals that they did with Aliant and

others in the past.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MR. REID: Mr. Speaker, I say to the minister: Why don't you tell the

public why you constantly try to evade the question? Why don't you give the

answers? You talk about the EWA, the Electronic Warfare Associates report. I

have read it ten or twelve times. Mr. Speaker, in the EWA report it states that

Persona requires provincial funds of $15 million. It states the Persona requires

$15 million of government funds to implement this project.

I have a question for the minister: Are we funding Persona's share of this

deal? Is that what we are doing here?

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Mr. Speaker, Mr. Speaker, Mr. Speaker, why doesn't he go

back and look at April, 1997: Government and Aliant partner on Network

Newfoundland and Labrador. Was there a tender call? No, Mr. Speaker. Total

provincial contribution: $750,000 on a $1.5 million project.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. TAYLOR: Aliant. Listen, will you?

Mr. Speaker, updated Industrial Benefits Agreement with Newtel, was there any

tender or RFP? No, Mr. Speaker.

Government contracts Newtel for long distance telephone service in December,

1999, $5.18 million. Was there a tender or an RFP? No, Mr. Speaker, there was

not. What was the total cost, Mr. Speaker? One hundred per cent funded by the

Province.

Let me go on down; let's go on down: SmartLabrador Smart Community contract

awarded. Was there a deal with Aliant, Mr. Speaker? One million dollars, again,

provincial contribution.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MR. REID: Thank you, Mr. Speaker.

I say to the minister, now that he is up talking about untender projects with

the previous government, ask the Premier: The one that he received from the

government, was that tendered or did it go to Cabinet? Ask him that when you get

a chance, I say to the minister.

Now, Mr. Speaker, we are putting 29 per cent -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please! Order, please!

Colleagues, the Speaker will recess the House if we do not get co-operation.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair recognizes the Leader of the Opposition, who is putting a question.

MR. REID: Mr. Speaker, we are, as the taxpayers of this Province,

investing 30 per cent, as the minister just said, into this deal. He refuses

time and time again to tell me if Persona is even contributing towards this

project.

I will ask you again: Is your good friend, Mr. MacDonald, the CEO of Persona,

and Persona, contributing anything to this project, and, if so, how much?

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

Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, as I have said before - I do not know what rabbit hole he is

trying to run down now, but anyway - $37 million between Persona, MTS Allstream

and Rogers, that is the total between the three partners. That is what is being

put in there in private-sector funding. We are putting $15 million in there.

Now, Mr. Speaker, maybe he wants to explain to us the $250,000 they spent for

the good things happening campaign. Maybe he will want to tell us about the

$300,000 that they spent on the millennium celebrations down on the waterfront.

Maybe they want to tell us about the $635,000 that they paid for the ad campaign

to promote the Voisey's Bay agreement. Remember that infamous deal?

SOME HON. MEMBERS: Oh, oh!

MR. TAYLOR: Maybe they want to tell us about the $182,000 paid to Bristol

for the Lower Churchill ad campaign, for a deal that did not exist.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. TAYLOR: Maybe when the Leader of the Opposition gets up he can inform

us on that, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!.

MR. SPEAKER: Order, please!

The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

My question is for the Minister of Natural Resources, and I hope your answers

are more substantive than those that the Minister of Innovation gave, rather

than a bunch of fluff.

Anyway, Minister, I asked you yesterday for the information about the Bull

Arm security building contract. The Minister of Intergovernmental Affairs told

me last week in Question Period that I could have it and would have it. You have

been putting out press releases about it. You tell me we can have it, but we

still do not have it.

I ask you again: When are you going to stop this sham, stop protecting Ms

Cleary and your Tory friends, and give us the information?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

It is our commitment to openness and transparency that allowed the process

that did take place with Ms Cleary absenting herself from the process because of

the involvement of their friends on the other side of the House, Mr. Speaker,

that we find ourselves in this situation.

The Opposition House Leader asked yesterday that the documents be filed in

this House. I agreed readily to that. They are being prepared as we speak, Mr.

Speaker, and we fully expect to be able to table those documents in the House

tomorrow.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

The minister must think, and the government must think, everybody in this

Province and in the media live in a bubble. People ask you straightforward

questions and they expect straightforward answers and performance. You have to

stop hiding behind these shams.

Minister, you admitted yesterday that someone overlooked - and that is your

word - the core certification requirement when this work went to a second bid. A

very convenient oversight, since that oversight permitted the campaign manager

for Ms Cleary, a defeated Tory candidate in the last election, to then bid the

project.

Who is responsible for seeing that these bidding requirements are complied

with? Was it someone in your department? Was it the site manager? Was it the

Bull Arm Site Corporation itself or was it Ms Cleary?

When will you stop covering up and tell us, please, who was responsible for

making sure that this requirement is done, or ought to have been done? You have

fired people for less than that.

I put it to you, Minister, that this was not an oversight but someone gave

explicit instructions that core certification was not a requirement the second

time around.

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The Opposition House Leader can suppose as much as he wants. That does not

make it right or true, what you are saying.

This government is absolutely committed to the policy of core registration.

We will ensure that all our commissions and agencies and boards are aware of the

policy requirement.

In this case, Mr. Speaker, the Public Tender Act was followed and the

security shed was completed, saving the people of this Province $51,000, Mr.

Speaker, and that is the bottom line.

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

MR. PARSONS: Thank you, Mr. Speaker.

What an absolute sham. What a sham! Tell us the information, Minister. Who

said that core certification was not a requirement the second time around? That

is not a tough question. Tell the truth and tell the answer. Who said core

certification did not have to be in there?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Nobody said that core certification was not necessary the second time around.

It was an oversight, Mr. Speaker, and we are taking measures to ensure that does

not happen again.

This government is absolutely concerned with safety, and we commit to safety

requirements on all our projects. It is the reason why we were replacing the

security shed in the first place, Mr. Speaker, ensuring the safety of the people

who work there.

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

MR. PARSONS: Thank you, Mr. Speaker.

The more the minister continues to refuse to give the answers to that

question, the more the people of this Province know that the Bull Arm security

building contract stinks to the high heavens and that it was done for one of

your Tory buddies, the same as the Persona deal was done.

My next question - and then I will come back to that one because we will keep

onto this core thing until we get at the truth. This is only one example of how

this government completely disregards the policies and laws of this Province

when it does not suit them. If you need to help a Tory buddy, or one of the

Premier's friends, it is okay, forget about the laws and policies.

In the past three weeks, we have had three examples of where this government

has refused to comply with their own policies and laws. One was, we put the $15

million into the fibre optics deal, contrary to the policy of the Department of

Business; secondly, the minister admitted in her own press release last week

that she did not file the proper forms under the Public Tender Act; and thirdly

MR. SPEAKER: Order, please!

I ask the member to put his question directly.

MR. PARSONS: Thank you, Mr. Speaker.

The third one was the failure to put core certification in.

My question of the minister is: When are you going to remove Ms Cleary from

her position at the Bull Arm site Corp. and stop allowing that corporation, a

Crown agency, to be used as a feed trough for your Tory buddies?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Mr. Speaker, I am going to tell you something: I know what

you call it when you are able to use the right hand as well as the left hand. It

is called ambidextrous. I would like to know what you call it when you can use

one side of your mouth as well as the other side because we can apply it to

these people on a daily basis.

There was no miscarriage of any kind of justice here. The Public Tender Act

was followed. There were two oversights. Ms Cleary was not involved at all in

the assignment of the second tender. The security shed was replaced at a cost of

$51,000 to the people of this Province, showing that the initial decision to

reject the initial tender was the correct one.

SOME HON. MEMBERS: Hear, hear!

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

MR. JOYCE: Mr. Speaker, once again we see the Transportation and Works

department not prepared for the winter season. We hear reports of only one lane

open on our Trans-Canada Highway, reports that the major roads were not plowed

while traffic tries to beat a path through the heavy snow.

The minister committed that all operators and personnel would be in place by

November 1, 2006. This is not the case. There are operators still waiting to be

called and it is December.

Will the minister immediately recall all operators so that our highways are

made safe, as they should be, in our Province?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, I thank the hon. gentleman for his question.

Mr. Speaker, all employees of the Department of Transportation and Works have

been recalled this year on the same

schedule and according to the same protocols

as they have been recalled in the past. The department has 450 pieces of

equipment, 80 per cent of which is available on the highways. Transportation is

working this year in accordance with the same schedules and call backs and hours

of work that they have worked for the last number of decades in this Province.

Nothing has changed, Mr. Speaker. Everything is working according to normal this

year as it did every other year.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Chair recognizes the Member for Bay of Islands.

MR. JOYCE: Mr. Speaker, I guess it is good to see the minister is back in

the Province because he should phone some operators who are still waiting to get

called back. They are still not called back, minister. You do not know what you

are talking about.

Mr. Speaker, the closing of thirteen depots in our Province is having a

detrimental effect on the preparation for the winter operations. We saw

mechanics laid off this past summer and now our road equipment is ill equipped.

Ironically, we heard the Minister of Government Services just this week

promoting safe highways: You Are in Control. Perhaps we should

educate the Minister of Transportation and Works, that safe highways include

those that are snow free and ice free.

Minister, our roads are simply not safe. Workers are trying to catch up from

the layoffs imposed by your government this past summer. Will you now commit the

funds necessary to make our roads safe? Remember, minister, You

Are in Control.

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. RIDEOUT: Mr. Speaker, it is kind of a laugh to hear the Member for

Bay of Islands talking about somebody needing to be educated. If there was ever

a laugh, that is a laugh, Mr. Speaker.

The fact of the matter, Mr. Speaker, is that all of the transportation people

have been called back this year the same as past years. The winterization of

thirteen depots has nothing to do with the present situation. All of those

depots are now open for the season as they were last year and the year before.

People have been called back as necessary, as per the protocols, as per the

collective agreements. Mr. Speaker, the hon. gentleman is swinging in the wind,

haven't got a clue what he is talking about. He is lost, Mr. Speaker, even

within the walls of this Chamber.

SOME HON. MEMBERS: Hear, hear!

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

MR. JOYCE: Mr. Speaker, if this wasn't such a serious issue I would

call the minister a bit of a joker. He should read the paper, Mr. Speaker. In

this weekend's paper - I do not know if he is back yet from his junkets -

heavy equipment operator, heavy equipment technician, mechanic. There are over

sixty positions not filled in the department this year. He should look at the

paper. He should ask the minister.

Mr. Speaker, we hear of horror stories where people travelling our roads

between 10:00 p.m. and 5:00 a.m. are doing so at their own risk. There are no

snowplow operators on our highways at that time. Supervisors, Mr. Speaker, do

not have the authority to recall road staff.

I heard of stories today where people travelling to Deer Lake Airport in the

early hours - and the Premier should be concerned about this, it is on the West

Coast, people from our district, Premier - travelled with snow covered roads not

plowed, that are unsafe and dangerous.

MR. SPEAKER: Order, please!

I ask the member now to put his question, quickly.

MR. JOYCE: Thank you, Mr. Speaker.

Will the minister immediately correct this departmental policy and allow the

snow clearing equipment on our roads when there is snow, not trying to save a

few dollars so the Premier can boast about the money his government is saving?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

MR. RIDEOUT: Mr. Speaker, what a load of nonsense coming from the hon.

gentleman opposite. Mr. Speaker, he hasn't got a clue of what he is talking

about. He gets up and spends about two or three minutes on a

preamble. He has to

be forced by the Chair to ask the question.

Mr. Speaker, there is nothing being done that is different this year than any

other year. People have not been laid off. He talked in his long, wandering

preamble about advertisements. A temporary list, Mr. Speaker, that is what was

advertised. We have temporary recalls so that if people, long-term employees,

permanent employees of the department, are sick or ill, have to go to the

hospital, we have somebody to replace them with, Mr. Speaker. That is good

management, Mr. Speaker. That is what this government is all about, good

management. I know the hon. gentleman does not like it, but, Mr. Speaker, he can

lump it.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

My question today is for the Minister of Health.

The federal cuts to child care meant that government scaled back its

five-year child care plan by $53.4 million. Some of this money could have been

used to develop a publicly funded, not-for-profit child care system. Instead, we

have a patchwork of private and non-profit centres chronically short of

resources for child development programming.

Mr. Speaker, I ask the minister if his government will make a commitment to

create a publicly funded, not-for-profit child care system?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, currently operating in this Province are a

number of child care operators. Some of them are regulated, some of the

operations are unregulated.

Mr. Speaker, the reality is - I mean, I will take the member's suggestion

under consideration but the reality is - we are not in the business of providing

child care as a government program in the Province. We are in the business, Mr.

Speaker, of helping those who are in business, existing operators, existing

businesses, to stay in business and to try to provide and to help those

individuals and those operations to be more secure.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Mr. Speaker, I would be happy to sit down any day with the

minister and talk about how we can publicly fund a not-for-profit system without

government having to be into the job itself.

Mr. Speaker, the lack of occupational standards for early childhood educators

in this Province means that wages can vary from $7 an hour up to $12 an hour.

Also, there is no official pay distinction between Level I and Level II

certification, and few of the workers have health benefits.

What is this government going to do - and it must do this, it has to do it -

to introduce acceptable working conditions for early childhood educators and a

wage scale that reflects the level of post-secondary education necessary for the

workers and the responsibility of the job?

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, this government is not going to shut down

private daycare operators, and if that is what the -

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: If that is what the Leader of the NDP is asking me to do,

Mr. Speaker, the answer is no, we are not going to shut down operators in this

Province. We are going to try and work with them to make the operations better,

Mr. Speaker.

We are working with the operators, Mr. Speaker. Government is providing

additional funding to low-income staff with one or two years of training,

working in the centres. The full amount available to those earning less than

$25,000 will be on a sliding scale and, Mr. Speaker, we will be providing up to

$2,000 per year, per staff member, to try and improve recruitment and retention

within the existing operations, Mr. Speaker. We are also providing bursaries. We

are also providing educational supplements to try and recruit and retain early

learning and child care workers within the Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Signal Hill-Quid Vidi, on a very

brief supplementary.

MS MICHAEL: Thank you, Mr. Speaker.

I am not asking for things to be shut down. I am asking for a fully

regulated, fully publicly-funded system.

I understand that there is now an industrial -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair has recognized the hon. the Member for Signal Hill-Quidi Vidi, who

has time for a very brief supplementary.

MS MICHAEL: Thank you.

I want to ask the minister if he is going to ask for an interim report from

the Industrial Adjustment Committee now looking into what can be done about the

low pay and shortage of staff. I am interested in an interim report so that he

will have it in time to set aside funds in the next budget to properly

compensate early childhood educators, instead of waiting until March, 2007, for

the report.

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

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Mr. Speaker, the Member for Signal Hill-Quidi Vidi

certainly did indicate or suggest that we shut down the private operators by

suggesting that we bring in a public system. That is not going to happen.

Mr. Speaker, I can say to the member opposite that we are only partway

through year one of a five-year plan, a plan that was strongly endorsed by the

child care operators, by the association, and I am asking the Member for Signal

Hill-Quidi Vidi to give it a chance to work, because it is already showing signs

of success.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, this past month we have seen several schools

around this Province close because air quality and other maintenance problems

have made them unfit to occupy. Now that the number of serious problems in

schools continues to escalate, I ask the minister: Will she do the right thing

and carry out a comprehensive review of air quality, including toxic mould in

all schools across the Province, and would she commit to make this report

public?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, it is not surprising, after fifteen years of

neglect, that we have problems with the infrastructure in our schools.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, the previous Administration did air quality

testing in 1998; they spent $2.6 million testing air quality in 1998. In 1999,

they approved less than $1 million to fix leaky roofs, which is the number one

reason why we have mold in our schools. Mr. Speaker, in addition to that, in

their last two years in administration, they spent less than $2 million fixing

leaky roofs.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS BURKE: Mr. Speaker, in the last two years, with this year not over

yet, we have invested at least $11 million in leaky roofs, so we are putting our

money into this procedure.

Thank you.

SOME HON. MEMBERS: Hear, hear!

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair recognizes the hon. the Member for Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I say to the minister: I don't care if it was one year ago or fifteen years

ago, the mold that is in our schools today should be corrected, and the minister

knows the difference.

Mr. Speaker, people are telling us that problems exist in other schools.

Parents and staff -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The member is asking a question. I ask members for their co-operation.

The Member for Port de Grave has the floor to ask his question.

MR. BUTLER: Thank you, Mr. Speaker, for your protection from Mr. Jelly

Bean himself.

Mr. Speaker, people are telling us that problems exist in other schools.

Parents and staff are concerned that they have a right to know the facts. Just

this week, the minister indicated in the media that she would prefer to direct

funds to maintenance rather than carry out a study. Does the minister not see

that, in order to have each and every school safe and healthy in this Province,

we first have to know exactly where the serious problems exist? As it stands now

we do not know, Mr. Speaker.

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, the hon. member should know that we do know where

the problems are. What we are trying to do is, this year alone we have already

awarded contracts of $6.6 million. We are ready to award another $12 million,

with another $1.3 million outstanding. Mr. Speaker, that is $20 million in work

this year. We have increased our base budget for renovations and maintenance in

our schools from $25 million to $37 million.

In addition to putting money into our schools, into the capital and into the

renovations, we have also been able to invest in the ABE program, we have a

skilled trades program, we have eliminated school fees, we have invested in

physical education equipment, and we are after putting a freeze on tuition at

Memorial University.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The member has about 30 seconds for a question and 30 seconds for a reply.

The hon. the Member for Port de Grave.

MR. BUTLER: Mr. Speaker, my last question to the minister is this: Can

the minister tell the House if the amount required to build a school in Mobile

is still within the original budgeted amount, or are there any overrun problems

associated with this project?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, what I can say is, with our capital budget for

maintenance and capital in education, we have increased it this year by $12

million. We are doing the work out there, Mr. Speaker. There are schools that

need to be replaced. There are schools that need to be renovated. We will work

with all the schools that need the work done, and if there are cost overruns

that we need to address in order to make sure we have adequate infrastructure in

this Province, Mr. Speaker, we will do just that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The time for Question Period has expired.

Presenting Reports by Standing and Special Committees

Tabling of Documents

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

Colleagues, I wish to continue with the routine proceedings.

Tabling of Documents.

Notices of Motions.

Notices of Motion

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I give notice that I will ask leave to introduce a bill entitled,

An Act To

Amend The Public Service Pensions Act, 1991 And The Teachers' Pensions Act.

(Bill 64)

Further, I give notice that I will ask leave to introduce a bill entitled, An

Act To Amend The Liquor Control Act. (Bill 65)

Furthermore, I give notice that I will ask leave to introduce a bill

entitled,

An Act To Amend The Income Tax Act, 2000, No. 3. (Bill 63)

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

Employment.

MR. SHELLEY: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Amend The Public Service Collective

Bargaining Act. (Bill 68)

Also, I give notice that I will ask leave to introduce a bill entitled, An

Act To Amend The Fishing Industry Collective Bargaining Act. (Bill 69)

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. T. MARSHALL: Thank you, Mr. Speaker.

I give notice that I will ask leave to introduce a bill entitled,

An Act To

Amend The Highway Traffic Act And The Provincial Offences Act. (Bill 67)

I further give notice that I will ask leave to introduce a bill entitled, An

Act To Amend The Provincial Court Act, 1991 And The Human Rights Code. (Bill 66)

Thank you, Mr. Speaker.

MR. SPEAKER: Further notices of motions?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

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

MR. JOYCE: Thank you, Mr. Speaker.

I rise again today on a petition on behalf of the residents of Lark Harbour

and Route 450 concerning the road conditions that exist. I know yesterday, when

I was giving my words and I was getting leave, the Minister of Fisheries, one of

the former, former Ministers of Transportation and Works, had denied me leave so

I could not finish yesterday. So, I am standing here today - I know that was the

same minister, when I was trying to get the road in McIver's fixed, who was

singing out across the House saying: There's no problem with the road; no

problem. I should tell the minister, the next time you want to see it you should

look at it, instead of flying over on one of your junkets over in Russia looking

at it from 20,000 feet above. You should drive it and see the problems with the

road and stop just looking at it from the air.

Mr. Speaker, the people in Lark Harbour and all through the South Shore and

North Shore are experiencing major safety road concerns; major safety concerns.

I have been fighting now for three or four years with this here. It is

unbelievable, some of their priorities. I will give an example, Mr. Speaker:

$450,000 to open up some property up on Massey Drive because the Minister of

Justice made a commitment somewhere to open up some property up on Massey Drive.

It has nothing to do with any highway. Absolutely nothing! It is building a new

road for a sub-development up on Massey Drive. Here we have roads in the Bay of

Islands that cannot even get proper pavement, cannot get the gabion baskets

fixed. We have major safety concerns.

Until the people and myself, this year, brought it to the minister's

attention, the white lines were not even going to be put on the road going out

towards Lark Harbour. It is a shame! It is an absolute shame! And here we talk

about all the money being spent on the roads, Mr. Speaker. Last year there was

$12 million not spent. This year, I would say, it will be about $18 million to

$20 million not spent again. Here we see priorities -

MR. TAYLOR: (Inaudible).

MR. SPEAKER: Order, please!

MR. JOYCE: I hear the former Minister of Transportation and Works. I have

to give the Premier credit, he could not allow that minister to stay there with

the road conditions over the winter that we had for two years in a row. I have

to give the Premier credit, you got rid of him because of our unsafe highways. I

have to give him credit.

We have the current minister right now who refuses - we had the former

minister, the Minister of Fisheries, we had the Minister of Innovation, Trade

and Rural Development, and now we have the Minister of Transportation and Works

who absolutely refuses to meet with any town council to discuss the road

conditions in the Bay of Islands. It is unheard of, it is unbelievable. Those

ministers have to realize somewhere along the line that you are here to provide

safety to the people of Newfoundland and Labrador. You should sit down with the

council. You should come down and drive over the roads. You should listen to

your officials in the department. You should establish the priorities for safety

reasons and not give $450,000 because of a commitment made by a minister to open

up some land development. As the mayor said: We are opening up land development.

MR. SPEAKER: Order, please!

The hon. the member's allotted time has expired.

Petitions.

The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I appreciate an opportunity to give the House an update on the potty

situation down on the South Coast, in Ramea and Burgeo.

I was up four times last weeks in petitions and the prayer was that we would

have a proper washroom. In fact, we said we would be satisfied with a porta-potty

as a short-term solution, but I am afraid that a couple of porta-potties perched

out in the parking lot down in Burgeo and Ramea does not do much for providing

what we call an adequate health care service. That is exactly what they got, but

if this government thinks for one moment that this is acceptable and

satisfactory, they can think again.

The Minister of Transportation and Works responded to that prayer last week

only because of extreme pressure raised in this House and the fact that he and

his government looked like fools over this issue. Well, I will tell you, putting

two porta-potties down there as a temporary statement is not going to take away

your title as fools in this particular case. We cannot have people on the

Southwest Coast and visitors to this Island going to such a facility. Just

imagine people - there was snow up to your ankles this morning. These people go

to an unheated porta-potty on the side of a building in Burgeo and Ramea with no

soap in it, no water in it, and you expect that to be acceptable. Not on my life

and not on the life of anybody who has a stroke of decency in their body.

Absolutely not!

I say to the Minister of Transportation and Works: Get your act together,

send down the necessary manpower and the resources to do the job properly. We,

on the South Coast, are not second-class citizens. We are not cattle who you

drive out in the field whenever you feel like it. Give the people of the South

Coast the proper facilities they are entitled to. What a joke and what a

shameful action to put two porta-potties on two pieces of two-by-four down next

to a wharf and expect that to be acceptable. I do not know if anybody else in

this House or in this Province would expect such treatment, and the people that

I represent on the South Coast and the Member here for Fortune Bay-Cape la Hune

will not stand for such treatment.

I say to the Minister of Transportation and Works: Get your act together and

do the proper, just, humane thing for these people who use this ferry service.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Orders of the Day.

Orders of the Day

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I would like to move first reading of Bill 61.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Health and Community Services shall have leave to introduce a bill entitled, An

Act Respecting Mental Health Care and Treatment. (Bill 61)

Is it the pleasure of the House to adopt the motion that the hon. minister

shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Health and Community Services to introduce a

bill, "An Act Respecting Mental Health Care and Treatment," carried.

(Bill 61)

MR. SPEAKER: It is moved and seconded that Bill 61 be now read a first

time.

Is it the pleasure of the House to adopt a motion that Bill 61 be now read a

first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting Mental Health Care and Treatment. (Bill

61)

MR. SPEAKER: Bill 61,

An Act Respecting Mental Health Care and Treatment,

has now been read a first time. When shall the said bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 61 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I want to move to the seven bills that were given notice today, with leave. I

spoke to the Opposition House Leader, with leave, to move first reading so we

can circulate these bills, so I will move first reading of Bill 63,

An Act To

Amend The Income Tax Act, 2000, No. 3.

MR. SPEAKER: Leave has been granted.

It is moved and seconded that the hon. the Minister of Finance and President

of Treasury Board shall have leave to introduce a bill entitled,

An Act To Amend

The Income Tax Act, 2000, No. 3. (Bill 63)

Is it the pleasure of the House to adopt the motion that the hon. minister

shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Finance and President of Treasury Board to

introduce a bill, "An Act To Amend The Income Tax Act, 2000, No. 3,"

carried. (Bill 63)

MR. SPEAKER: It is moved and seconded that Bill 63,

An Act To Amend The

Income Tax Act, 2000, No. 3, be now read a first time.

Is it the pleasure of the House to adopt the motion that the said bill be now

read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Income Tax Act, 2000, No. 3. (Bill 63)

MR. SPEAKER: Bill 63,

An Act To Amend The Income Tax Act, 2000, No. 3 has

now been read a first time.

When shall the said bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 63 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move for first reading of Bill 64,

An Act To Amend The Public Service

Pensions Act, 1991 And The Teachers' Pensions Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Finance shall have leave to introduce a bill entitled,

An Act To Amend The

Public Service Pensions Act, 1991 And The Teachers' Pensions Act.

Is it the pleasure of the House to adopt the motion that the hon. the

minister shall have leave to introduce the said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Finance to introduce a bill, "An Act To

Amend The Public Service Pensions Act, 1991 And The Teachers' Pensions

Act," carried. (Bill 64)

MR. SPEAKER: It is moved and seconded that Bill 64,

An Act To Amend The

Public Service Pensions Act, 1991 And The Teachers' Pensions Act, shall be now

read a first time.

Is it the pleasure of the House to adopt the motion that Bill 64 be now read

a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Public Service Pensions Act, 1991 And

The Teachers' Pensions Act. (Bill 64)

MR. SPEAKER: Bill 64,

An Act To Amend The Public Service Pensions Act,

1991 And The Teachers' Pensions Act has now been read a first time.

When shall the said bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 64 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I move first reading of Bill 65,

An Act To Amend The Liquor Control Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Finance shall have leave to introduce a bill entitled,

An Act To Amend The

Liquor Control Act. (Bill 65)

Is it the pleasure of the House to adopt the motion that the hon. the

minister shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion, the hon. the Minister of Finance to introduce a bill, "An Act To

Amend The Liquor Control Act," carried. (Bill 65)

MR. SPEAKER: It is moved and seconded that Bill 65,

An Act To Amend The

Liquor Control Act, be now read a first time.

Is it the pleasure of the House to adopt the motion that the bill be now read

a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Liquor Control Act. (Bill 65)

MR. SPEAKER: Bill 65,

An Act To Amend The Liquor Control Act, has now

been read a first time.

When shall the bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 65 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I move first reading of Bill 66,

An Act To Amend The Provincial Court Act,

1991 And The Human Rights Code.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Justice and Attorney General shall have leave to introduce a bill entitled, An

Act To Amend The Provincial Court Act, 1991 And The Human Rights Code. (Bill 66)

Is it the pleasure of the House to adopt the motion that the hon. the

minister shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, the hon. the Minister of Justice and Attorney General to introduce

a bill, "An Act To Amend The Provincial Court Act, 1991 And The Human

Rights Code," carried. (Bill 66)

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 66 shall be now read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Provincial Court Act, 1991 And The

Human Rights Code. (Bill 66)

MR. SPEAKER: Bill 66,

An Act To Amend The Provincial Court Act, 1991 And

The Human Rights Code, has now been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 66 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move first reading of Bill 67, which is

An Act To Amend The Highway

Traffic Act And The Provincial Offences Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Justice and Attorney General shall have leave to introduce a bill entitled, An

Act To Amend The Highway Traffic Act And The Provincial Offences Act. (Bill 67)

Is it the pleasure of the House to adopt the motion that the hon. the

minister shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, the hon. the Minister of Justice and Attorney General to introduce

a bill, "An Act To Amend The Highway Traffic Act And The Provincial

Offences Act," carried. (Bill 67)

MR. SPEAKER: It is moved and seconded that Bill 67 shall now be read a

first time.

Is it the pleasure of the House to adopt the motion that the said bill be

read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Highway Traffic Act And The Provincial

Offences Act. (Bill 67)

MR. SPEAKER: Bill 67,

An Act To Amend The Highway Traffic Act And The

Provincial Offences Act, has now been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 67 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move first reading of Bill 68,

An Act To Amend The Public Service

Collective Bargaining Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of Human

Resources, Labour and Employment shall have leave to introduce a bill entitled,

An Act To Amend The Public Service Collective Bargaining Act. (Bill 68)

Is it the pleasure of the House to adopt the motion that the hon. the

minister shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, the hon. the Minister of Human Resources, Labour and Employment to

introduce a bill, "An Act To Amend The Public Service Collective Bargaining

Act," carried. (Bill 68)

MR. SPEAKER: It is moved and seconded that Bill 68 be now read a first

time.

Is it the pleasure of the House to adopt the motion that Bill 68 be read a

first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Public Service Collective Bargaining

Act. (Bill 68)

MR. SPEAKER: Bill 68,

An Act To Amend The Public Service Collective

Bargaining Act, has now been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 68 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I move first reading of Bill 69,

An Act To Amend The Fishing Industry

Collective Bargaining Act.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of Human

Resources, Labour and Employment shall have leave to introduce a bill entitled,

An Act To Amend The Fishing Industry Collective Bargaining Act. (Bill 69)

Is it the pleasure of the Houses to adopt the motion that the hon. the

minister shall have leave to introduce said bill?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

On motion, the hon. the Minister of Human Resources, Labour, and Employment

to introduce a bill,

An Act To Amend The Fishing Industry Collective Bargaining

Act," carried. (Bill 69)

MR. SPEAKER: It is moved and seconded that Bill 69 be now read a first

time.

Is it the pleasure of the House to adopt the motion that Bill 69 be read a

first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

CLERK: A bill,

An Act To Amend The Fishing Industry Collective Bargaining

Act. (Bill 69)

MR. SPEAKER: Bill 69,

An Act To Amend The Fishing Industry Collective

Bargaining Act, has now been read a first time.

When shall this bill be read a second time?

MR. SULLIVAN: On tomorrow.

MR. SPEAKER: On tomorrow.

On motion, Bill 69 read a first time, ordered read a second time on tomorrow.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move Motion 3.

MR. SPEAKER: Motion 3 is, pursuant to Standing Order 11, that this House

not adjourn today, Tuesday, December 5, at 5:30 o'clock p.m.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion carried.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now move Motion 4.

MR. SPEAKER: Motion 4 is, pursuant to Standing Order 11, that this House

not adjourn today, Tuesday, December 5, at 10:00 o'clock p.m.

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

The motion is carried.

Motion carried.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call for second reading of Bill 53,

An Act Respecting Municipal

Taxation -

AN HON. MEMBER: (Inaudible).

MR. SULLIVAN: I am sorry, I am going to call the other one first. They

are both related, in a sense, under Municipal Affairs.

I am going to call for second reading of Bill 52,

An Act Respecting The

Assessment Of Real Property For The Purpose Of The Imposition Of Real Property

Taxes.

MR. SPEAKER: It is moved and seconded that Bill 52,

An Act Respecting The

Assessment Of Real Property For The Purpose Of The Imposition Of Real Property

Taxes, be now read a second time.

Motion, second reading of a bill, "An Act Respecting The Assessment Of

Real Property For The Purpose Of The Imposition Of Real Property Taxes."

(Bill 52)

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

MR. OTTENHEIMER: Thank you, Mr. Speaker.

I am pleased for a few minutes to speak at second reading to Bill 52, the

Assessment Act, 2006. I am doing this on behalf of my colleague, the Minister of

Municipal Affairs.

Mr. Speaker, this bill consolidates and streamlines the statutory

requirements for property assessment that are presently contained in two acts

into one. Currently, the City of St. John's conducts its assessments under the

St. John's Assessment Act while assessments for all other municipalities are

conducted by the Municipal Assessment Agency under the Assessment Act.

The bill, developed at the request of, and in consultation with, the City of

St. John's and the Municipal Assessment Agency, ensures that the statutory

requirements for all future property assessments will be the same for those

conducted by the City of St. John's as those conducted by the Municipal

Assessment Agency.

Mr. Speaker, while most of the provisions of the bill are the same as those

outlined in one or both of the current acts, there are some specific provisions

that are new that I would like to highlight for the House.

The bill, Mr. Speaker, ensures for the first time that any municipality,

including the City of St. John's, which disagrees with evaluations of the

properties in its jurisdiction, will be able to appeal these evaluations to an

Assessment Appeal Commissioner. Under the current legislation, this right of

appeal is limited to property owners only. The bill extends the time period that

property owners have to file an appeal of their property evaluation from

twenty-one days under the current legislation, Mr. Speaker, to thirty days.

The current Assessment Act requires property owners in each of the

approximately 230 municipalities served by the Municipal Assessment Agency who

wish to appeal their assessments to file their appeals with their respective

municipality who is then required to notify the agency accordingly. Mr. Speaker,

this bill streamlines this process by requiring that all such appeals be filed

directly with the agency. This will serve to speed up the appeal process

significantly.

The bill extends from fifteen days under the current legislation to

forty-five days the period that property owners have to provide information

requested by an assessor that may be required for initial evaluation purposes or

for a review of the evaluation once an appeal has been filed.

This bill, Mr. Speaker, consolidating and streamlining the property

assessment process, is the fourth major rewrite and consolidation of municipal

legislation undertaken by the Department of Municipal Affairs in consultation

with our municipal stakeholders in recent years.

Honourable members will recall that a new Municipalities Act was enacted in

1999, a new Urban and Rural Planning Act in 2000, and a Municipal Elections Act

that consolidated and modernized the election provisions of four different

statutes, that being enacted in 2001. These past legislative initiatives, Mr.

Speaker, have resulted in this Province having some of the most progressive

municipal legislation in the country, and this bill will ensure this for

property assessment as well.

Mr. Speaker, with these few introductory comments at second reading, I now

invite my colleague, the Member for Fortune Bay-Cape la Hune, as critic, to

speak to second reading as well.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Fortune Bay-Cape la Hune.

MR. LANGDON: Thank you, Mr. Speaker.

It is a privilege to speak on this particular bill, Bill 52,

An Act

Respecting The Assessment Of Real Property For The Purpose Of The Imposition Of

Real Property Taxes.

One of the major contentions of the municipalities in this Province, and

primarily the small rural communities, is assessment value. The amount that is

being charged by the agency, as far as many of these smaller communities are

concerned, is excessive.

I know, when I was Minister of Municipal Affairs, many, many times the

smaller communities would complain about the fees that were levied on them; and,

as many of us would know, it is not getting any better for many of these smaller

rural communities - the town councils, communities councils, what have you - the

population base is continuing to dwindle. The amount of commercial property that

they would have in these communities is not improving, and numbers are

decreasing, so it makes it even more difficult for these councils to make ends

meet.

In many of the councils we have - and sometimes it is a fallacy in the

Province that the rural communities, the small rural communities, do not pay

their fair share when it comes to taxation. I want, for just a minute or two

before I talk to the bill, to really dispel that myth.

I know in the district of the Member for Bonavista North, in New-Wes-Valley,

for example, they charge some of the highest rates for water and sewer in the

Province. It is not cheap. It is probably over $500 that the community, people

served by that municipality, would pay for water and sewer. Many, many of the

communities in the Province, the smaller communities, charge over $400 a year

for water and sewer, so the amount of taxation - and that does not count, by the

way, the property tax. Even so, in many of the smaller communities the mill

rates are excessively high, properly twelve, thirteen, fourteen or fifteen, but

the value of their property is much lower than what you would find in a

community like Clarenville or you would find in Gander or Grand Falls or

certainly within the urban areas here, CBS and the City of Mount Pearl and the

capital city here.

The purpose of this act today is again to streamline, as the Acting Minister

of Intergovernmental Affairs has already said, to bring in line the assessment

of the City of St. John's along with the assessment for all of the other

municipal councils across the Province.

Again, it is good to see, just as it was when, I guess, myself was minister,

or other people were Minister of Municipal Affairs, that you work with the

councils, because these are the people who are on the front line. It is the

people who are there every day who do the services, and they see that many, many

times it is cumbersome, a lot of red tape. They come to the department and ask

for streamlining.

This is a particular case where it is done again, where you have the City of

St. John's Municipal Assessment Act and the other municipalities across the

Province having different terms, different acts, but now they have decided that

they would have the one act for the City of St. John's and all the other

municipalities in the Province. That is really a good thing to have, where you

can have consistency and where you have the rules and regulations set out for

all jurisdictions, and they know that.

One of the other things, too, that I see here in the bill, it is again to

speed up the process and to help the property owners. Up to this particular

point, when the town or the community council did their assessments, if there

was some person in the community who thought that the assessed value was higher

than it should be, then they would go to their community council or the town

council, to the commissioner who would sit there, and appeal these assessments.

Now that this particular act has, in a sense, streamlined this and fast-tracked

the service where you do not have to do that any more, you can go directly to

the agency that is set up.

Also, as the minister indicated, the number of days that a person has to file

for an appeal has gone from twenty-one days to thirty, and that is good too. It

gives the person a little bit more time to be able to look at their particular

bill that they have, the assessment, and then be able to complete the defence

that they would have for it, and obviously be able to probably do a better deal.

Also, the bill extends from fifteen days under the current legislation to

forty-five days that the property owners have to provide information requested

by an assessor that may be required for initial evaluation purposes or a review

of an evaluation appeal that has been done. That is good, too. What it does, it

gives the particular person who is doing the appeal the time to put forth a case

whereby they can defend their particular proposition where they think that the

assessed value is too high and they want to be able to put that particular case

forward. So I think that, in itself, also is a positive move in this particular

piece of legislation.

Again, as the minister indicated, the piece of legislation does improve the

existing piece of legislation, and we are constantly doing that. There is no

piece of legislation that is ever written in any government that is stagnant and

does not move. There are always times when you bring in amendments, there are

always times when you bring in changes, because under circumstances when the law

was written and you look at it, there is a need to make changes and there is a

need to make revisions. The whole purpose of making a particular law or, in this

case changing the act, is so that the people who are in this particular

situation see some of the inconsistencies, see some red tape that is

unnecessary, whereby they can streamline the particular system here. That is

what they have done and that is what we have here in this particular piece of

legislation that is in front of the House today.

With that, Mr. Speaker, I will conclude my remarks.

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

MS MICHAEL: Thank you, Mr. Speaker.

I want to say that I agree with many of the comments of my colleague from

Fortune Bay-Cape la Hune. We will obviously be voting for this bill. I think

having legislation that consolidates rather than increases language is the way

to go. Consolidation is also better for understanding by the ordinary citizen.

I am particularly glad, as my colleague said, but I would like to pick up on

the fact that most of the amendments are there for the benefit of the property

owner. I think that is to the good. I know that here in St. John's, in

particular, there have been times when people have noted that the twenty-one

days, for example, for appeal was too short. I am glad to see the government

recognizing some of the complaints that have been made by citizens over the past

few years.

With that, I say that is the end for today, for this one anyway, for this

bill.

MR. SPEAKER: If the hon. the Minister of Intergovernmental Affairs speaks

now he will close debate at second reading.

MS JONES: (Inaudible) Mr. Speaker.

MR. SPEAKER: I am sorry. The Chair recognizes the hon. the Member for

Cartwright-L'Anse au Clair.

MS JONES: Thank you, Mr. Speaker.

It is a pleasure for me to rise to speak to this bill today. Although it is

An Act Respecting Municipal Taxation In The City Of St. John's, certainly -

AN HON. MEMBER: It is not only St. John's.

MS JONES: St. John's and other communities throughout the Province for

the assessment.

Mr. Speaker, municipal taxes affects all communities in Newfoundland and

Labrador. I think that as we see an eroding of the tax base throughout rural

communities in the Province it is becoming even more difficult for a lot of

these municipalities.

As you know, there has been a tremendous amount of out-migration throughout

Newfoundland and Labrador, especially in the recent number of years where people

have had to move out of communities in search of work and employment in other

provinces across Canada, or in some cases in the metropolitan areas within our

own Province. As a result of it, it has left small municipalities in

Newfoundland and Labrador in a very difficult position because they do not have

the financial ability to be able to maintain the services that many of them have

in their communities and they certainly do not have the financial ability to be

able to invest in new services that many of those municipalities need.

I remember just a couple of weeks ago on the front page of The Northern

Pen , there was an

article about the Town of Bird Cove. Now every member in

this Legislature is familiar with the Town of Bird Cove and certainly familiar

with its infamous mayor over the years, a lady by the name of Augustine Rumbolt,

who for many years led the charge, I say to hon. members, for municipalities on

the Northern Peninsula; led the charge towards government when we were in

government, had no problems whatsoever showing up on the doorstep of any

minister, any day of the week, for any issue that confronted their communities,

and I trust that she did the same with the opposite members in their time in

government.

Mr. Speaker, what I found very unusual when I was reading this

article was

that not only Augustine Rumbolt - who was one of the finest mayors in this

Province, who had led the charge for small, rural municipalities on the Northern

Peninsula - had to take her leave in Newfoundland and Labrador and move to Fort

McMurray, but in fact most of the council in that community had actually left

the region in search of employment; to the fact that one lone soldier was left,

one lone councillor, to hold down the fort and guard the community until such

time that they could rebuild it back up. I must say, it is an admirable task for

this individual and I certainly wished him well.

The point of my story is this. Right now the community of Bird Cove is in a

situation where they are unable to provide clean drinking water to many of the

people and residents in their community. I think they talked about forty

families who actually needed to have water and sewer connections in that

community at a cost of about $400,000. I say it is a small price to pay to put

municipal services in a community or to provide clean drinking water to

residents in any community in the Province. I want to urge the government to

look at those things very, very seriously because the answer will always be, we

have municipal operating funds, we have municipal grants, it is on a cost-shared

basis and communities can apply. Well, the reality is this, that many

communities cannot pay the portion that they are expected to pay.

I notice that the Member for St. Barbe is listening intently because I am

sure he agrees with what I am about to say; that in cases like this, Mr.

Speaker, there always need to be exceptions made. There need to be exceptions

made to ensure that communities that are non-viable in terms of having a tax

base to commit to twenty, thirty or forty per cent of infrastructure money, that

the ways and means be found within a government to provide those services to

them. I think, not in every case, there are communities throughout this Province

that have the ability to pay, but there are many that do not.

I know in my own district, in Black Tickle, a community that has no town

water and sewer services, the extreme cost to the taxpayers it would be to put a

water and sewer service in that community, and the cost of operating it, at that

point, would be too great for the community to actually carry it forward. What

did we do? We looked for a creative solution to a very serious problem. We put,

in Black Tickle, $1 million almost in infrastructure that would provide clean

drinking water at a central location in that community, because every single

water supply in that community, every pond, every lake, whatever was there, was

contaminated. It did not provide clean drinking water. Even with the

infrastructure, the pipe in the ground, the water was still not clean drinking

water.

In fact, what had to be done is, there had to be a water purification system

put in this community so that the water would go through a fully treated process

and, at the end of the day, when you went to get your water, it would be as

purified as any bottled water you are going to buy in a store.

Yes, that required an investment of the government of almost $1 million to do

that, but it needed to be done in order to provide drinking water in that

community. Since then, the community has had to provide for the cost of

operating this system, which is not cheap. It takes a great deal of electricity

to run that system, and hydro rates in rural communities on the Labrador Coast

under diesel operated plants are the highest electrical costs in the Province.

So it was not a cheap hydro bill to run this purification plant. Nor was it

cheap to provide for the chemicals and the materials and the filters and

everything that you needed to run this water purification system.

As a result, we, as a government, decided to make a grant to this community

on an annual basis. You, as a community, raise a portion of the money through

your sale of water and we, as a government, will give you a grant to pay for the

rest of it - and it worked fine. Do you know something? That grant was less than

$20,000 annually.

The first year the Williams' government took office, they decided they were

going to cancel that grant. They were not going to put $20,000 into a community

in Black Tickle, on the Coast of Labrador, to give them clean drinking water. I

was absolutely disturbed by the fact, Mr. Speaker, to the point that I actually

went to see the minister and to discuss it with him; and, upon realization of

how important that grant was in that community, the minister decided that they

would continue with it for that year only.

Last year, we had to go back again. Last year, they decided: We will not give

you the full $20,000 a year but we will give you a portion of that, and at the

end of the day it was a $15,000 grant.

Now, this year, I have on my desk a letter that was sent to the municipality

of Black Tickle from the government opposite, saying: We are no longer going to

provide a grant for this water system.

Mr. Speaker, this is a community with relatively little or no tax base. Let

me just give you some statistics. Seventy per cent of the people in that

community of the working population this year were left without enough hours or

weeks to qualify for unemployment insurance benefits. We alone, under job

creation initiatives and through securing money under that program, ended up

providing employment to sixty individuals in that community. Now, I do not have

to tell you what your income bracket is if you get your EI eligibility under a

make-work project. Your total EI income at the end of the day is going to be

about $100 a week, which means their full income for a month is going to be

about $400 a month. In some cases it is not as good as welfare, because you can

go to the department of social services and get $550 a month, so in some cases

they are even being supplemented with social services assistance. That is the

kind of an income level that you are looking at in a community like this, and

the government says: We cannot give you $10,000 or $15,000 a year.

It is the only cent of money, I want to say to hon. members, because you

probably do not even realize that, other than operating the school and the

clinic in that community, it is the only cent of money the government invested

in that community in three years. Not one year, not two years, but in three

years.

There was no money for roadwork or docks or any of that kind of stuff, no

money for literacy centres and community centres, none of that kind of stuff.

The only money going in there was a grant to this municipality to be able to

provide clean drinking water.

Now, if there is anyone out there in this Province who does not see a problem

with that, the fact that the government would withhold money from a small

community like this, then I think they need to shake their head again, because

it is a big problem and a huge problem, when we can look at expenditures of the

government that are seeing hundreds of thousands of dollars spent on social

events because they are hosing Premiers from across Canada, but yet you can say

no to these municipals.

I have a community in my district called Pinware which has no water and

sewer; none. We have tried year after year to look at how we can provide

services in this community so that people there can have drinking water. I am

not talking here today about municipalities building $6 million recreation

centres or municipalities putting up arts and culture centres or curling rinks

or recreation centres over here off Torbay Road for the government. Mr. Speaker,

I am talking about essential services in communities; not even roads and bridges

at that. I am talking about water and sewer, the basic essential service that

every single community in this Province should have today.

When I hear the government talk about, we have a deal on equalization, we

have billions of dollars signed off in gas revenue from the federal government,

but yet I do not see a willingness to deal with the real social problems that

exist in communities, there is something wrong with that. In fact, I think that

more people should be speaking out against it. In fact, there should be a lot

more people - maybe if they did speak up more and put their proposal across more

and take a shot across the bow of government every now and then, they might get

some results.

That is what happened out in Deer Lake. That is exactly what happened out in

Deer Lake. The government that bullies but doesn't like to be bullied got

roped into $4 million by the people of Deer Lake, didn't they? These people

did not give up. They needed a bridge in their community. They did not have the

money to build it. They knew it was a necessity. They were in a place where they

could capture the attention of the media and they were led by their own

municipality and their own mayor who said: We are not going to stand for this.

We are going to go out and we are going to take up the cause for the people of

Nicholsville. Even if they did not, the people in that community were more than

prepared to do it themselves. As a result, they got a positive response from the

government. So, don't tell me it does not work when you go out there and start

launching a protest for your cause and making your views known. That has to

happen more in this Province in small municipalities because they are the ones

who are dealing with the challenges.

I have talked to mayors and councillors in Baie Verte, in Springdale, in all

of these small communities, that are not just in Labrador but on the Island as

well, that are not just on the Northern Peninsula but they are on the Baie Verte

Peninsula and the Bonavista Peninsula. Their struggles are great. They have less

money to work with. They have more expenditure. They have infrastructure that is

old and they cannot pay for it. They do not have the grants from the government

that they could once depend upon. They cannot get involved in capital investment

and expenditure because they cannot raise the proportion of funds that they

sometimes need, and that is unfortunate.

Their big break comes when? With some gas tax money from the federal

government, negotiated through the Federation of Municipalities, I understand,

and the Department of Municipal and Provincial Affairs. Well, that is great. We

are getting the gas tax money, a portion of it going back into the rural

communities, as it should, I say to you. Now we have a list of criteria that

goes with all of that, criteria, Mr. Speaker, that does not give a lot of these

towns the flexibility that they need to make the investments that they want. It

is either one way or the other. It is either the money is allocated for your

town and you make the decision on how you want to invest it. I think that is the

way it should be, allowing them to invest in the infrastructure and the capital

needs that are important to them and their community.

The other issue, the amount of money that was carved off the top by Municipal

Affairs for waste management in the Province, let's look at that. Where is

that money going to go? Where are those millions of dollars that were carved off

the top by the provincial government, through the Department of Municipal and

Provincial Affairs, where is that money going to go? Am I going to get the two

waste management disposal sites that need to be built in my district? Is the

money going to come out of that pot to do that? I would like to know, because

the study has been done since 2003. The studies were completed since 2003. The

plan was laid out and we have been waiting for three years for the government to

address the problem in terms of building the waste disposal sites that need to

be built. Are those two on the list?

What else is on the list? I understand Corner Brook might be on the list. I

understand St. John's might be on the list. Maybe the member could let me

know. Perhaps his district is going to get some money out of this. I do not

know. Where is that money going to? Is it going to go to look after the waste

management needs in the City of St. John's and the City of Corner Brook, or is

it going to be used to look after the waste management needs in rural

communities around this Province which do not have the tax base and do not have

the investment dollars to address those problems? I would like to know the

answer to that.

I went to the Federation of Municipalities meeting for a day. I did not get

to stay for the whole weekend. I was there for a day, so I did not get to hear

the minister do his address. I do not know, maybe he did say we are going to put

some of that money up in Cartwright-L'Anse au Clair for sure. I do not think

he did. I never saw the press release on it, but you know it is possible. He

could be going to do that. I certainly never heard them say where they are going

to invest any of that money. I would like to know that, because that money was

signed off on behalf of all the municipalities in Newfoundland and Labrador.

Therefore, they should have free access to be able to have that money invested

in their communities and not see $10 million, $15 million or $20 million of it

carved right off the top, right away, to go into a waste management site in the

City of St. John's, where they have a tax base that can ill afford to

contribute to a lot of those things on their own. I have concerns about that.

I would like to have an answer to that as soon as the minister gets an

opportunity. Maybe in third reading of the bill, or when he closes second

reading on the bill, he might want to get up and give me some answers to that,

what he is going to do with that portion of the money.

The other thing I would like to know, Mr. Speaker, is how much of the money

that was signed off in the federal-provincial agreement this year between the

federal government and the provincial government on municipal infrastructure was

actually committed and spent. I would like to know the answer to that because I

know of a number of projects that were committed to by the Department of

Municipal Affairs for municipalities around the Province, that when they got

their letter and realized they had to contribute 30 per cent or 40 per cent

towards this project, they could not accept it. They did not have the money to

accept it. The bank would not give them a loan. They had no way to finance it.

They had to go back to the Province and say: Sorry, I cannot accept this money

to do the water and sewer at this time in my community. That happened in a lot

of municipalities. I would like to know how much of that money at the end of the

day, that was committed, got spent? How much of it can be carried over to next

year's budget and when are monies going to be made available again to those

municipalities?

I know the minister, when he gets in Committee, will want to get up and give

me the answers to all of these questions because he is a very intelligent

minister, I say to you, Mr. Speaker. He does his homework. I know that, because

I was his critic when he was the Minister of Health. He does his homework and I

know that right there on his desk, at his fingertips, he has the answers to all

of these questions for me, so I will be waiting for him to stand up.

Mr. Speaker, sometimes when people apply to the Department of Municipal

Affairs for money to do these things in their communities, they apply because

there is a need, and there is an extreme need - not a want, but a need - and

when they apply they expect that the government will look at that seriously and

be able to do whatever they can to commit those funds to their towns to deal

with the problems that they have.

I ran into a situation, actually, just a few weeks ago, a municipality in my

district that had a sewage backup in their town, and this municipality has an

operating budget of less than $100,000 a year, very small town. They have a lot

of overhead, a lot of expenses. They have part-time staff and they try and make

things work. Anyway, you run into a problem, you get into a situation where you

have a sewage backup in your community and all of a sudden it requires $10,000,

$15,000, $20,000, if you are lucky; if you are not lucky, it could be up to

$70,000 or $80,000 to fix this problem. The first thing they did was, they

called up the engineer in the Department of Municipal Affairs and told them

their problem. What can I do? Well, you go talk to your own engineer and get a

letter off to us, and do this and do that. They do all of those things. They

follow process. That is one thing about municipal leaders and councillors out

there in a lot of those communities, they follow the process. They follow the

process that government puts in place, and they do so in good faith.

MR. SPEAKER (Fitzgerald): Order, please!

I remind the hon. the Member for Cartwright-L'Anse au Clair that her time

for speaking has expired.

MS JONES: Thank you, Mr. Speaker.

May I have leave to clue up?

MR. SPEAKER: Does the member have leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: The hon. the member, by leave.

MS JONES: I want to thank the Government House Leader for the courtesy of

giving me the time I need to clue up.

The situation I was getting to is this: They make an application to the

Department of Municipal Affairs to fix this sewage backup. They are under the

understanding that they are going to get $10,000 to $12,000 to fix what is a

$15,000 problem. The town itself can raise the $3,000, which they do, and once

they send their bills into the Department of Municipal Affairs they find out

they are only going to get $7,000.

Now, that puts a lot of stress on a municipality, on a mayor and on a

councillor, because not only are they responsible for servicing the people in

that community and maintaining those services the best way they can, but they

also have to be fiscally prudent and responsible to the municipal taxpayers. So,

when you get a commitment from government that says we will pay this amount and

then, at the end of the day, because of technicalities, they say we are only

going to pay half of that, or 50 per cent or 60 per cent of it, it leaves them

in a very difficult situation.

Anyway, Mr. Speaker, I will conclude my remarks now, but the point I was

trying to make, and I am sure all members heard it and listened attentively, is

that more has to be done for rural municipalities in this Province because,

unlike the urban and city councils, they do not have the tax base upon which to

draw to do that important work that they need to do in their communities.

I ask that the Minister of Finance, as he is listening attentively to me

today, that he make sure in his budget process this year that he makes more

money available to municipalities and rural municipalities in this Province. I

am sure you, Mr. Speaker, being the Member for Bonavista South, would certainly

agree with that comment.

Thank you very much.

MR. SPEAKER: Order, please!

If the hon. the Acting Minister of Municipal Affairs speaks now, he will

close the debate on second reading.

The hon. the Acting Minister of Municipal Affairs.

MR. OTTENHEIMER: Thank you, Mr. Speaker.

I thank members opposite, the critic, the Member for Fortune Bay-Cape la Hune,

and the Member for Cartwright-L'Anse au Clair, obviously two individuals

living in rural areas of our Province who are well in tune with municipal issues

and how it affects our citizens on a day-to-day basis.

Mr. Speaker, the act is the Assessment Act, 2006, and, as the former minister

indicated, we are talking about

an act which consolidates present legislation

and helps streamline present legislation so that there can be an effective

administration of assessment in our communities, and in this case in the Capital

City of St. John's. From that point view, Mr. Speaker, that is the legislation

that we are dealing with today. I thank hon. members for their commentary, and

largely their endorsement.

With those few comments, Mr. Speaker, I move second reading of Bill 52, an

Assessment Act, 2006.

Thank you, Mr. Speaker.

MR. SPEAKER: Order, please!

Is it the pleasure of the House that Bill 52,

An Act Respecting The

Assessment Of Real Property For The Purpose Of The Imposition Of Real Property

Taxes, be now read a second time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act Respecting The Assessment Of Real Property For The

Purpose Of The Imposition Of Real Property Taxes. (Bill 52)

MR. SPEAKER: This bill has now been read a second time.

When shall this bill be referred to a Committee of the Whole House?

AN HON. MEMBER: (Inaudible).

On motion, a bill, "An Act Respecting The Assessment Of Real Property

For The Purpose Of The Imposition Of Real Property Taxes," read a second

time, ordered to a Committee of the Whole House presently, by leave. (Bill 52)

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

MR. OTTENHEIMER: Mr. Speaker, I now call second reading of Bill 53, the

City of St. John's Municipal Taxation Act.

MR. SPEAKER: It is moved and seconded that Bill 53,

An Act Respecting

Municipal Taxation In The City Of St. John's, be now read a second time.

On motion, second reading of a bill, "An Act Respecting Municipal

Taxation In The City Of St. John's." (Bill 53)

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

MR. OTTENHEIMER: Thank you, Mr. Speaker.

Mr. Speaker, this, too, is being presented on behalf of my colleague, the

Minister of Municipal Affairs.

Bill 53 is a bill which outlines the taxation authority for the City of St.

John's. Mr. Speaker, in addition to the property assessment authority, the St.

John's Assessment Act also contains the city's taxation powers. Since this

act is being repealed by the Assessment Act, 2006, that we just debated, it is

necessary to reconstitute taxation powers in a new act.

Mr. Speaker, the taxation authority outlined in this bill is the same as that

in the St. John's Assessment Act, with the exception of three old taxing

authorities which have been deleted at the city's request. Mr. Speaker, the

deleted authorities from the current legislation provide authority for

imposition of a fuel oil tax, a cable insulation tax, and an entertainment tax.

These taxing authorities date back many years and, with the exception of a very

limited application of the entertainment tax a number of years ago, have never

been exercised. In the city's view, Mr. Speaker, these taxes will never be

imposed and consequently they are not included in this bill.

Again, Mr. Speaker, with those few introductory comments at second reading, I

now invite members opposite to make a few comments of their own.

Thank you, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Member for Fortune Bay-Cape la Hune.

MR. LANGDON: Thank you, Mr. Speaker.

Again, this particular bill that we are talking about here is of a necessity

because, as the minister said, we just did Bill 52 which dealt with the St. John's

Assessment. Since the Assessment Act that is in the City of St. John's also

has taxation powers, and because the old act was repealed, as the minister said,

and we just did a new one, we have to make sure that those taxing powers are in

the new act.

There are a couple of exceptions there that were in the old act, that have

been itemized here and obviously have to be taken out, because once the city

council, in this particular case, as the minister already said, does not have

imposition of a fuel tax or a cable installation tax or an entertainment tax,

since these particular taxes are practically impossible to impose, and if they

were imposed - not impossible to impose, but if they are imposed it is

impossible to be able to get taxes, so they are not included in it. This, again,

as the minister has already said, is a matter of streamlining taxation for the

city.

Since this is a taxation bill, municipal taxing in the City of St. John's,

I would like to again, as the critic, continue just for a minute or two, not to

prolong it for a long time, the ideas that were presented earlier by the Member

for Cartwright-L'Anse au Clair.

In the Province today, talking about clean drinking water; very, very

important. I have a municipality in one of the areas that I represent where it

is practically impossible for the people to even get a bath or a shower. Once

they do, in many, many cases the bottom of the bathtub is covered with mud and

particles. Yet these particular people pay close to $400 a year for that

particular service. Obviously, there are ways that we have to find a solution to

it. I am working with the minster in that particular case to find the most

economical way, but yet be able to address the problem so that the people could

have good drinking water in the community.

I remember a few years ago, when I was Minister of Municipal Affairs, one of

the things that we had to deal with at that time was THMs. It was a real

problem, and - do you know what? - it is still a real problem. There are a lot

of communities in the Province of Newfoundland and Labrador that have THMs in

their water. If you were to go to Municipality Affairs to the Water Management

Resources there, you would find that there are probably more than 100 who still

need to have the improvements made to their drinking water so that they can make

the Canadian standards that apply.

When I was in Municipal Affairs, one of the things we did was to give to the

communities. I think we spent something like $15 million or more. They were

primarily smaller communities where we funded 100 per cent provincial dollars up

to $100,000 to put in new chlorination plants or to improve the chlorination

systems that they already had. Under the present government, it is my

understanding, that particular program is not in place anymore, but there are

other programs that no doubt would try to complement it. I do not know if there

are100 per cent programs that these communities can avail of.

In many of these smaller communities, as has already been said - and many of

the members on both sides of the House represent rural communities, small

communities. As I was saying earlier, they pay $600, $700 or $800 a year or more

into taxation in the communities, but when there is no real property they can

assess, it is very, very difficult for them to make ends meet. That is why I

think, after having some opportunity to do it - I never had an opportunity to

implement it, never had time to do it - I think that the Municipal Operating

Grants should be increased for the small municipalities. Many of the urban

communities can probably do with a bit less, the larger cities like St. John's

and Mount Pearl with the great industrial parks, and the larger communities that

we have. Many of the smaller communities do not have that. The larger urban

centres like Grand Falls and Gander, they do serve many of the smaller

communities from the Baie Verte Peninsula, the La Scie area and over Harbour

Breton way. These municipalities do enjoy the benefits of the business that many

of the smaller municipalities bring to them and they enjoy the business taxation

as a result of it.

To make it on a more even keel, I think there should be something done for

many of the smaller communities that can address the needs that exist, because

there are real needs. There is no doubt about it. As I said, many of us

represent small, rural communities and rural, rural. Many of the communities

that I represent - there are rural communities and then there are remote rural

communities and some of us even represent remote rural communities. It is a real

problem. Many, many times these small municipalities see even the Federation of

Municipalities probably not championing their cause in some ways. Even though it

might be done, they do not see it as their cause being championed and many times

feel that they have nowhere to go.

With that, Mr. Speaker, I would conclude my remarks on this particular piece

of legislation. As I said, it is minor but yet important because to streamline

and consolidate services for the council makes it even more efficient for that

operation to work.

Thank you, Mr. Speaker.

MR. SPEAKER: Order, please!

If the hon. Minister of Intergovernmental Affairs speaks now, he will close

the debate on Bill 53.

The hon. the Minister of Intergovernmental Affairs.

MR. OTTENHEIMER: Thank you, Mr. Speaker.

Again, I thank my colleague for his comments. I simply wish to conclude

debate and move second reading of Bill 53,

An Act Respecting Municipal Taxation

In The City of St. John's.

Thank you, Mr. Speaker.

MR. SPEAKER: Is it the pleasure of the House that Bill 53,

An Act

Respecting Municipal Taxation In The City of St. John's, be now read a second

time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act Respecting Municipal Taxation In The City of St.

John's. (Bill 53)

MR. SPEAKER: Bill 53 has now been read a second time. When shall this

bill be referred to a Committee of the Whole House?

MR. SULLIVAN: Presently, Mr. Speaker.

MR. SPEAKER: Presently.

On motion, a bill, "

An Act Respecting Municipal Taxation In The City of

St. John's," read a second time, ordered referred to a Committee of the

Whole House presently, by leave. (Bill 53).

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I now call second reading of a bill,

An Act To Amend The Labour Relations

Act, Bill 55.

MR. SPEAKER: It is moved and seconded that Bill 55,

An Act To Amend The

Labour Relations Act, be now read a second time.

Motion, second reading of a bill, "An Act To Amend The Labour Relations

Act." (Bill 55)

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

Employment.

MR. SHELLEY: Thank you very much, Mr. Speaker.

I am delighted today to stand and bring forward a bill seeking amendments to

the Labour Relations Act, that is aimed at improving the overall efficiency and

effectiveness of this Province's Labour Relations Board.

Members will recall that in 2004 the Labour Relations Board released a public

discussion paper with respect to possible amendments to the legislation and the

rules of procedure which govern the board's activities. Since that time, Mr.

Speaker, extensive stakeholder consultations were conducted with the employer

and labour groups, and from the outset valuable feedback and input from the

stakeholders has been integrated into this process.

In addition, Mr. Speaker, to the direct consultation, a detailed review of

the legislation and rules of procedure that apply to other boards of Canada has

been undertaken, and consideration of recent court rulings also impacting the

jurisdiction of the board has being conducted.

Mr. Speaker, in a followup to this process, the Labour Relations Board

submitted a proposal to government recommending a variety of changes to

provincial labour legislation to make it a more efficient labour tribunal and to

better articulate its jurisdiction in keeping with the best practices

nationally.

Mr. Speaker, government has reviewed the board's proposed amendments to the

Labour Relations Act and it is recommending endorsement of the proposed changes.

These changes to the act represent, by the way, a consensus position that has

been achieved between all stakeholders. We are very pleased, Mr. Speaker, that

the Labour Relations Board, government, the employers' council and the

Federation of Labour have worked together so effectively to advance these

important amendments.

Mr. Speaker, these proposed amendments, I think members will agree, are

proactive and positive steps that will provide the Labour Relations Board with

needed enhancements to improve its efficiency, which in turn will modernize our

labour legislation in a manner that is consistent with that of other Canadian

jurisdictions and also with the decisions of the courts.

Mr. Speaker, this has come together, as a matter of fact, because of the

co-operation and the collaboration between these groups. It is a consensus

document. It is something about modernizing the Labour Relations Act, which is

overdue, and I am pleased to bring forward these amendments today on behalf of

all stakeholders.

Thank you, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Opposition House Leader.

MR. PARSONS: Thank you, Mr. Speaker.

I appreciate an opportunity to rise in second reading on this particular

bill, Bill 55, concerning the Labour Relations Act. We will be supportive of

this bill. As the minister says, from time to time you have to do some

housework, and that includes tidying up. Often you find, once you have made a

law and you start to implement it, over time you find little pieces about it

that do not deal with every situation that you require. Of course, you get

feedback from the institutions involved - in this case, the Labour Relations

Board. They tell you where you should or should not go and how to improve it.

That is what we see here as a part of this.

I did note - I do not know if this is an appropriate forum to talk about it -

in the local media, I believe it was yesterday, a case where the Labour

Relations Board was not handled very gently by a Justice of the Supreme Court of

Newfoundland and Labrador with respect to how a certain matter was dealt with

involving a certain labour union in this Province. I do believe it was CUPE. I

think the decision in that particular case, of the Justice, was: Albeit, the

board may have made the proper decision back when, they failed in their duty, or

the chairperson failed in his duty, whatever - I think he specifically singled

out, according to the media, that it was a lapse on the part of the chairperson

in question, that he did not do what he ought to have done. There was a six-year

delay between the time when the decision was made, and the reasons for the

decision were actually given to the parties involved, albeit the parties

involved had requested the information. It got to be a point where it was a moot

point. It went on for so long and the chairperson had moved on and whatever. It

goes to show again that we have to constantly be on top of situations when we

have agencies doing things in this Province, to see if they are doing it right.

I do not know if this particular bill - I doubt it - at all addresses the

situation. I have not had, quite frankly, an opportunity to look at the act to

see if there is anything built into our Labour Relations Act at the present time

which says: thou shalt provide reasons within a specified period of time,

because it certainly was not done in that case. The Justice in that case said it

was deserving of a remedy. In fact, the remedy was, I do believe, the Labour

Relations Board was ordered to pay the legal fees for everybody involved; for

CUPE, I believe the City of St. John's was involved. I can just imagine what

six years of legal fees are going to come to. We will probably be back here, I

say to the Minister of Finance, with another supplementary supply bill or a

special warrant because there is no doubt about it, once that comes in there is

going to be a fairly substantial bill to this government. It comes down of

course to, again, the board doing what it was supposed to have done.

I notice there is a clause in here which would amend the Act to provide that

the appointment of a member of the board continues until he or she is

reappointed or replaced. That certainly did not help the situation we had here

where the board moved on and there was not, apparently, a replacement in a

sufficient period of time and so on. That is important stuff.

I will not get into, today, who gets appointed to those boards, because, of

course, we have had lots of discussions in this House as to who goes there and

how they go there. In most cases, these people are eminently qualified to be

there on these boards and so on. Usually, a list of names come forward and the

minister makes a recommendation to the Lieutenant-Governor in Council, and it

would get made accordingly.

There was definitely a faux pas here somewhere, according to the Justice of

the Supreme Court of Newfoundland and Labrador, and this Province is going to be

set back a lot of bucks because of it. I do not know what the minister needs to

do in terms of amending the legislation or putting policies and safeguards in

place to make sure that does not happen again because it has happened on both

watches, this incident. If we go back six years, I think that takes in two

Administrations. It started back in the former Administration and a decision

came down on the current Administration. So, there is enough blame to go all the

way around in terms of what happened or did not happen, if you want to look at

it politically, which is not the right way to look at it.

What I am suggesting here is we need to make sure that our laws are

up-to-date enough to ensure that this type of situation does not happen again. I

look forward in the future - and I will in fact make a special request to the

minister in due course because I would like to know what that decision, that

mistake and that delay is going to cost this Province. It is very serious when

you have a union waiting six years for a decision in a city that has lawyers

engaged; and we wait six years. I am sure the public would like to know what it

is going to cost the Province for that mistake. We know what it costs for fur

coats and all that kind of stuff, and conferences that we host. This is another

example of maybe there was a bit of wastage here that should not have been.

We look forward to that information, I say to the minister, but in terms of

your attempts here to clean up and clean house and do a bit of housekeeping here

in this particular Bill

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2006-12-05
Typehansard
Volume / chapter2006-12-05
Languageen
Formathtm
SourcePROVINCIAL
Identifier8744fca024bad7edd2db9c35cde504bdfe4b334c

Source file is stored in the law ingest library (htm).