Newfoundland and Labrador Hansard — Statements by Ministers — 28 May 2009 (46th General Assembly, 2nd Session, Vol. XLVI No. 28)
2009-05-28
Newfoundland and Labrador — Debates (Hansard)
May
28, 2009
HOUSE OF ASSEMBLY PROCEEDINGS
Vol. XLVI No. 28
The House met at 1:30 p.m.
MR. SPEAKER (Fitzgerald): Order please!
Admit strangers.
Statements by Members
MR. SPEAKER: Today the following member's statements will be heard: the
hon. the Member for the District of Signal Hill-Quidi Vidi; the hon. the Member
for the District of Kilbride; the hon. the Member for the District of Burgeo
& LaPoile; the hon. the Member for the District of Port au Port; the hon.
the Member for the District of Humber Valley; and the hon. the Member for the
District of Bay of Islands.
The hon. the Member for the District of Signal Hill-Quidi Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
Mr. Speaker, it gives me great pleasure to stand in the House today and
recognize Jillian Keiley and Anita Best, two very accomplished artists, and
residents of the District of Signal Hill-Quidi Vidi who will be granted
honourary doctorates of letters from Memorial University today and tomorrow at
the spring Convocation ceremonies.
Jillian Keiley is the artistic director of Artistic Fraud of Newfoundland and
Labrador, winner of the Canada Council's John Hirsch Prize, the Newfoundland
and Labrador Arts Council's Emerging Artist Award, Calgary's 2006 Betty
Mitchell Award for directing, and the 2004 Siminovitch Prize in theatre, the
richest in Canadian theatre.
The jury for the Siminovitch Prize described her work as startlingly original
and radically imaginative, and her as a visionary, innovative artist whose
experiments with form and content have magical results for audiences and
performers alike.
Most recently, Ms Keiley and Artistic Fraud were selected to perform Fear
of Flight, a production created by Artistic Fraud and the fine arts students
of Sir Wilfred Grenfell College, at the 2010 Olympics in Vancouver.
Anita Best has spent a lifetime exploring, cataloguing and celebrating the
rural Newfoundland lifestyle and culture. In the process she has become one of
the Province's most prominent traditional singers.
Ms Best has worked as an educator, archivist, folklorist, broadcaster and
singer. A particular interest in oral history songs and stories passed down
through generations led to her performing career. She has toured extensively
as a storyteller and singer, made numerous television and radio appearances and
added her voice to several Newfoundland recordings.
She is best known for two albums: The Colour of Amber, a collaboration with
Pamela Morgan, was released in 1993, and Crosshanded, a collection of twelve
songs for solo voice, followed a few years later. In these recordings and in her
performances, Ms Best tends to forego the standard Newfoundland repertoire in
favour of the lesser known songs and stories collected from around the Province.
Mr. Speaker, I ask all hon. members of this House of Assembly to join me in
congratulating these two very talented and accomplished women on their honourary
degrees and wish them all the best in the future.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Kilbride.
SOME HON. MEMBERS: Hear, hear!
MR. DINN: Mr. Speaker, on March 2, 2009, I attended the Goulds Lions Club
thirty-second anniversary Charter Night.
At this event, the Lions Club paid honour to and presented an award to
Genevieve Howlett for twenty-five years of dedicated service. Five other
members: Bill Vincent, Jeffrey Hynes, Anne Marie Warford, Jamie Finn and Kim
Walsh were inducted into the Lions Foundation of Canada. The Rookie of the Year
was Anne Marie Warford and Charlie Phillips was declared the Goulds Lions Club
Lion of the Year. Charlie is one of our valued employees here with the Province.
The highest award by Lions International is called the Melvin Jones Award.
One of my constituents, Maureen Hynes, received the honour for 2009. Melvin
Jones was the founder of the Lions movement. Goulds Lions Club is one of the
most dedicated volunteer groups in the Goulds. Over the years, it has
contributed thousands of dollars and thousands of hours of volunteer time for
the good of our community.
Mr. Speaker, I ask all hon. members to join me in congratulating all award
winners at the Goulds Lions Club thirty-second anniversary Charter Night.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Burgeo &
LaPoile.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
I rise today to recognize and congratulate Master Corporal Marty Francis,
formerly of LaPoile, on his service to our country and his safe return from
Afghanistan.
Master Corporal Francis is a fireman with the Royal Canadian Air Force who
recently returned from a successful tour of duty at Afghanistan. Marty has been
a member of the Air Force for fifteen years, he is thirty-five years of age. He
was stationed in Afghanistan for eight months.
Marty is the son of Cecil and Margaret Francis of LaPoile, in the District of
Burgeo & LaPoile. After his tour at Afghanistan, Marty spent some time with
his parents in LaPoile where a dinner was held and a dance was held in his
honour. Marty was left speechless by the tribute and says it is something that
he will never forget and he is very grateful for. He also said he would gladly
return to Afghanistan again if needed.
Marty is currently stationed in Halifax, Nova Scotia.
Mr. Speaker, I ask all members of this hon. House to join with me in
extending thanks to Master Corporal Marty Francis on his service to our country.
All the best to Master Corporal Francis and his family.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Port au Port.
SOME HON. MEMBERS: Hear, hear!
MR. CORNECT: Thank you, Mr. Speaker.
Mr. Speaker, on May 2 of this year the Western Newfoundland Regional Heritage
Fair was held at Sir Wilfred Grenfell College in Corner Brook. This heritage
fair provided the opportunity for our youth to express their academic learning
and talent in a competitive setting. One hundred and eight-five projects
competed for various awards such as the Parks Canada Award, RBC Aboriginal
Heritage Award and HBC Explorer's Award to name a few.
The calibre of these projects was remarkable. The Corner Brook Museum had a
plan to select a pair of student projects to display over the summer. They were
so impressed, Mr. Speaker, that they decided to display ten of the projects and
exhibits. This speaks volumes of the educational system in Newfoundland and
Labrador. We are providing an environment where our children and youth can
thrive and this heritage fair is a prime example.
In my District of Port au Port there were several youth who were presented
with awards. Kody Budden of St. Thomas Aquinas School in Port au Port East for
his Our Lady of Perpetual Help project, and Irha Sikander from
Stephenville Middle School for her project on the Spanish Flu in Newfoundland
and Labrador in 1918 . Both received the Laurier Lapierre Award.
Trevor Snow of Stephenville Middle School for Rod Snow , and Daniel
Benoit of Stephenville Middle School for Historic Lighthouses of Newfoundland
and Labrador . Both were winners of the Corner Brook Museum Award.
Also, Logan Flynn of Lourdes Elementary for Newfoundland Fishery: Now
& Then , and Nicholas Cole of St. Thomas Aquinas, Port au Port East, for Twillingate:
Past and Present , were among the projects named the twenty best at the fair.
Mr. Speaker, I ask all hon. members of this hon. House to join me in
applauding all the participants of the heritage fair, and especially in
congratulating the youth of my district for their efforts and talents that
resulted in their award winning projects. I wish them continued academic
success.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Humber Valley.
SOME HON. MEMBERS: Hear, hear!
MR. KELLY: Thank you, Mr. Speaker.
It gives me great pleasure to rise in this hon. House today and pay tribute
to an outstanding citizen in the District of Humber Valley.
Mr. Norman Wheeler was born in the small community of Howley on January 29,
1933. He attended school there until the ninth grade. At that time, he left
school to work with Bowater's so that he could provide financial support for
his family. At the age of nineteen, he volunteered to fight in the Korean War.
Mr. Speaker, Norman received five medals during the Korean War, which
included the Voluntary Medal, the Korean War Medal, the Peace Keeping Medal, the
United Nations Medal, and the Queen's Jubilee Medal.
After the war he met with his wife, Ruby Legge of Deer Lake, and they had two
children. He was then employed by the Department of Highways.
Mr. Speaker, Mr. Wheeler is now retired but still actively volunteers with
the Royal Canadian Legion, Branch 3, in Deer Lake. He has held a number of
executive positions, including honorary secretary and vice-president. Mr.
Wheeler also has received a Service Award with the Royal Canadian Legion and has
been made a Lifetime Member of the branch in recognition of over fifty years of
service.
Mr. Speaker, I ask all members of this hon. House to join me in formally
recognizing this outstanding veteran who continues to serve his community and
country.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Bay of Islands.
SOME HON. MEMBERS: Hear, hear!
MR. LODER: Mr. Speaker, I rise in this hon. House today to recognize a
bright young lady with a bright future in the health care field. I would like to
recognize Meghan Matthews of Summerside, Bay of Islands.
Mr. Speaker, Meghan recently graduated from the Bachelor of Nursing
(Collaborative) Program at the Western Regional School of Nursing. There were a
total of forty-seven students in the 2009 graduating class.
On May 15, Meghan was awarded the Western Memorial Regional Hospital Clinical
Proficiency Award. This award is given to a member of the graduating class who
has consistently demonstrated theoretical competency and excellent clinical
performances throughout the program. The award was presented by Dr. Christopher
Healey, Chief of Staff.
Mr. Speaker, in 2008 Meghan was also awarded the Western Health Academic
Achievement Award, presented to a third-year student who is recognized for the
highest academic achievement.
Mr. Speaker, Meghan continued to be on the Dean's List throughout her
studies at Memorial University of Newfoundland from 2005-2009.
Mr. Speaker, I ask all members here today to recognize Meghan's
achievements and, rest assured, another bright light will be overseeing our
health care throughout 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 Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: Mr. Speaker, while June is still a few days away, I felt it
was important to take this opportunity to rise in the House and recognize June
as Seniors Month in our Province.
This time provides an important opportunity to acknowledge and recognize the
incredible contributions and diversity of our seniors. Every day in Newfoundland
and Labrador and across the country, seniors work, learn and contribute. The
wisdom, skills, and abilities of seniors from our Province are felt in homes and
communities, and impact people of all ages and backgrounds.
Seniors participate in town councils, band councils, church committees,
service clubs, community development initiatives, educational institutions,
business endeavours, and the list goes on and on.
Mr. Speaker, through our Provincial Healthy Aging Policy Framework, our
government made a commitment to honour those contributions by creating a truly
age-friendly Province. In support of this work, our government has created an
office with a very focused priority: Aging and Seniors, and it is my pleasure to
be the minister responsible for that office. In collaboration with the
Provincial Advisory Council on Aging and Seniors and the Ministerial Council on
Aging and Seniors, together with the inter-departmental working group, this
policy framework is now being rolled out.
On fundamental way to support an age-friendly Province is to create a culture
of respect where we see and recognize the value and worth of the seniors of our
Province. It is in this spirit that our government was proud to announce the
Seniors of Distinction Awards in January of this year.
The Seniors of Distinction Awards were created to honour and celebrate the
priceless contributions and achievements and diversity of Newfoundland and
Labrador seniors. Mr. Speaker, the interest in this awards program was
phenomenal, with seniors being nominated from all across the Province. As the
Minister Responsible for Aging and Seniors, I look forward to announcing the
first recipients of this annual award program during a ceremony later in June.
In recognizing seniors, our government has also launched Ageless, a
social marketing campaign that promotes the positive images of aging. I
encourage my fellow colleagues to wear their buttons, which will be distributed
a little later, which were created as part of this campaign to help mark Seniors
Month.
Mr. Speaker, in closing, I encourage the people of Newfoundland and Labrador
to reflect on the value and contributions of the seniors in their lives and to
make every effort to honour and to acknowledge those valuable contributions.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker, and I thank the minister for
an advance copy of his statement.
There is no doubt that seniors do make a very valuable contribution to our
communities as leaders, as mentors, as volunteers. They are extremely valuable,
not only for what they contribute in terms of their activities that they are
involved in but their knowledge and their experience that they bring to this. A
lot of it, as I say, mentoring other people, is very, very important in our
society.
We even have a couple of seniors in our House of Assembly here, so there is
no doubt that just because you meet the magic number of sixty-five doesn't
mean that you are still not working, involved, and invaluable contributors to
our democratic process.
For example, President Ronald Reagan became President of the United States
when he was sixty-nine years of age, and he is acknowledged as probably one of
the best Presidents that the United States has ever had. So, Mr. Speaker, there
is no doubt that the citizens of our Province who bear that honourable
distinction of being seniors do indeed need to be appreciated.
Right now, seniors are the fastest growing population segment in Canada; 4.2
million Canadians are over age sixty-five. In the next twenty-five years that
will double to 9 million people. We had 11.6 per cent of all Canadians in the
year 2000 who were sixty-five years of age and plus. By the year 2021, which is
only a few short years away, there will be 22 per cent plus of our population
that are seniors. That is a 94 per cent increase in some twenty years, so you
see where we are heading. They will make an even more valuable contribution.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi
Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
I am really pleased to stand today and respond to the minister, and I thank
him for the advance copy of his statement.
Mr. Speaker, I don't mind naming myself. I am one of them. If anybody else
wants to name themselves, they can. I hope that as the campaign goes on and
positive images of aging become part of the campaign, maybe some of us old
fogies here in the House could be part of the image of aging, I put out to the
minister, Mr. Speaker.
Obviously, the contribution of seniors is something we always have to
acknowledge, and it is not just because they have been at it for a long time,
because they have, but it is also because of the experience and the knowledge
they have gained.
I think the minister, in mentioning the new Ageless campaign - that is
important also in light of the campaign that government is participating in on
raising awareness on senior abuse. I think senior abuse does shock us from a
number of perspectives. One is that we can't imagine somebody wanting to have
power over seniors as they become possibly disabled as they get older. Not all
do, but some do.
Mr. Speaker, the House will be closing soon and, unfortunately, we have not
yet received from the Department of Health and Community Services the long
awaited report on long-term care and community support strategy, which obviously
is something that is important to seniors. I say to the minister, that I look
forward, even with the House closing, to hearing about this report, hopefully
before the House opens again.
Thank you, Mr. Speaker.
MR. SPEAKER: Further Statements by Ministers.
The hon. the Minister of Tourism, Culture and Recreation.
SOME HON. MEMBERS: Hear, hear!
MR. JACKMAN: Thank you, Mr. Speaker.
I rise in this hon. House today to acknowledge and congratulate two of our
Province's talented young film-makers, who have recently had their films
screened at the 62 nd Annual Cannes Film Festival in France.
Crackie , a feature film written and directed by Sherry White and produced
by Jennice Ripley and Rhonda Buckley, was featured at the festival on May 14th
and 20th as part of Telefilm Canada's Perspectives Canada screening
series.
In addition, The Hall , a short film written and directed by Stephen
Dunn, a Ryerson University student, and native of Newfoundlander and
Labradorian, was also screened on May 18th during a Short Film Corner
series at Cannes.
The film industry in Newfoundland and Labrador is filled with talent that has
been recognized locally, nationally and internationally. You may recall, Mr.
Speaker, that Newfoundland and Labrador feature film, Down to the Dirt ,
was also screened at Cannes last year.
With the screening of Cracki e and The Hall at this year's
festival, the investment by the Government of Newfoundland and Labrador and its
agencies in the development and marketing of local film projects is clearly
paying off. We are a presence on the international film scene. Ms White and Mr.
Dunn, along with their production teams, are to be commended for their
outstanding achievement.
I would be remised if I did not mention a short film called Countdown ,
directed by Jordon Canning, which was selected as one of the top ten finalists
in the 2009 National Film Board/Cannes Short Film Corner online competition.
While that film was not screened at Cannes this year, to have been a finalist in
the online competition is an achievement in itself.
Mr. Speaker, in the past five years, from 2004 to 2008, the Government of
Newfoundland and Labrador has invested over $17 million in film production
activity. Most importantly, this investment has, in turn, enabled another $51
million to be leveraged from other public and private sources, resulting in a
total production activity of over $68 million.
And this year, Mr. Speaker, is shaping up to be a banner year for local film
production. Tax credits included, Budget 2009 investment is expected to total
about $7.7 million - due in large part to the filming of a new, hour-long CBC
television series, the Republic of Doyle.
This is indeed an exciting time in our local film industry, Mr. Speaker, and
I invite all members of this House to join me in congratulating the young
filmmakers featured in Cannes, and to wish them well as they move forward in
their film careers.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
I thank the minister for an advanced copy of his statement.
We indeed as well in the Opposition would like to congratulate these
individuals who are involved in the film industry. Not only has the local film
production increased dramatically in the past number of years, but in terms of
showcasing what they do produce. It is obvious now that we are having an impact
on the national and on the international scene.
Even the title of course is good for a Newfoundlander and Labradorian. The
word crackie, I mean that sounds like something that came right from the bay. We
call a lot of people out my way that.
Anyway, a couple of the actors that the minister did not mention but involved
in that film of course was Mary Walsh, a well-known actor from our Province
here. Cheryl Wells from Stephenville is acting in that movie Crackie .
Joel Hynes from Calvert, Newfoundland is also involved in that particular film.
He was in the film last year which was shown there, as the minister says Down
to the Dirt , but he is also acting in this movie now called Crackie .
So it is great to see. In addition to the Rick Mercers of the world, which are
comedic actors and so on, which have certainly made a presence in the national
scene, in our film industry we are also carrying and blazing the same types of
trails. It is a great initiative that the government supports these individuals.
We have lot of talent and we are finally beginning to see now that it is being
showcased worldwide.
Thank you.
MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi
Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
I am delighted to join with the minister in extending congratulations to our
hardworking artists. We have an amazing output when it comes to talent in this
Province, when you think of our small population, and to have so many people in
the film industry, so many artists having been featured in one way or another
over the last two years in Cannes is quite remarkable.
I commend the government on its increased funding for the film industry, but
for everyone of these artists who has managed to get to this point at Cannes,
there are so many more dozens, dozens and dozens behind them who are struggling
in the industry and struggling to make money as they also try to be creative and
to become artists.
So I encourage the government to add to the funding that it is doing by
adding more money to the arts council to be able to support the individual
artists as they pursue these pursuits.
Thank you very much, Mr. Speaker.
MR. SPEAKER: Further statements by ministers?
The hon. the Minister of Education.
SOME HON. MEMBERS: Hear, hear!
MR. KING: Thank you.
Mr. Speaker, once again one of our Province's post-secondary students has
been recognized for a national award. Mr. Michael Smart, a graduate from the
College of the North Atlantic's Corner Brook campus, is the winner of the
2008-2009 Fourth Class Student Award. The award is given by PanGlobal, a
national publisher of training materials specific to the power engineering
occupation. It recognizes excellence in achievement and is highly sought after
by almost forty colleges across Canada which submit student names for
nomination.
The first place winner, Mr. Speaker, is chosen by combining in-school marks
with the student's results in the national standardized examinations. Michael
had a combined average of 89.5 per cent the highest in the country. The
award consists of a $1,000 cash prize, plus travel and accommodations to attend
the award presentation, which was held earlier this week in Montreal. A book
contribution in Michael's name, Mr. Speaker, will also be made to the college's
reference library.
Mr. Speaker, Mr. Smart joins a long list of post-secondary students and
graduates from this Province who are recognized nationally and internationally
for their knowledge, skills and innovation. For example, next month an earth
sciences team from Memorial will represent Canada at an international
competition called the Imperial Barrel Award. A student from Grenfell College
represented Canada at the World Water Forum in Istanbul in March. Students in
Free Enterprise or SIFE Memorial will represent Canada at the
international world cup, and hopefully bring home the first place prize for the
second year in a row. And the legendary Eastern Edge robotics team, comprised of
students from Memorial, the Marine Institute, College of the North Atlantic and
for the first time this year a student from Academy Canada, are consistently the
team to beat at the annual international robotics competition.
We truly have a lot to be proud of, Mr. Speaker. As these few examples show,
our post-secondary institutions are preparing our students for success, not just
nationally but internationally. They can compete with the best and come out on
top.
To support our students we continue to make unprecedented investments in our
post-secondary system. In Budget 2009, an additional $21.1 million was allocated
for Memorial, while College of the North Atlantic will see an increase of $8.3
million. In fact, Mr. Speaker, funding for our post-secondary institutions has
increased by 77.6 per cent over the past seven years - a clear indication that
our government is committed to an affordable and accessible post-secondary
education system that is second to none.
Mr. Speaker, on behalf of this hon. House, I offer sincere congratulations to
Michael Smart, and best wishes as he pursues his chosen career.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Port de Grave.
MR. BUTLER: Thank you, Mr. Speaker.
I want to thank the Minister of Education for an advance copy of his
statement and to say that we in the Official Opposition want to congratulate
Michael as well on receiving the fourth-class student award this year and to
know that there is a tremendous amount of competition through forty-some-odd
colleges throughout our country.
It is only this week, Mr. Speaker, we saw other competitions. Other ministers
mentioned Skills Canada this week, how our young people in the high school level
are doing. So I guess it is just continuing on to the post-secondary facilities
as well. I cannot help but say outside the education we have other people who
are making a tremendous name nationally and internationally, and that is our own
Dan Cleary. We saw him again last night, the tremendous job that he is doing.
SOME HON. MEMBERS: Hear, hear!
MR. BUTLER: Mr. Speaker, I know this statement today is about post
secondary and we have to give credit to this individual and also to all the
other competitions that are mentioned in this statement, to come forward in the
next few days and weeks.
It is good to see government continuing funding such initiatives but we also
have to recognize the teachers and the coaches who accompany those individuals.
We have to pay tribute to them and to all the students of whatever level it may
be.
In closing, I want to just congratulate Mr. Smart and wish him all the best
in his future endeavours and to all those who will be participating in other
venues as the time goes by.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for the District of Signal HillQuidi
Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
I thank the minister for the advance copy of his statement. I am happy to
join with him in congratulating Michael Smart on his award in power engineering,
reflecting the highest achievement in the country. It is a marvellous
achievement and I am sure this young man must feel very proud, and he should.
I agree with government that there is a growing list of post-secondary
students and graduates in science and engineering who are excelling nationally
in their fields. Just like the artists we noted a few minutes ago, we are
excelling in many fields in this country and internationally. I am definitely
glad to see the increased funding for post-secondary institutions and students
that has gone on over the last seven years. The increases are partly making up
for the long period beginning in the 1990s when post-secondary institutions
experienced serious cutbacks. I am sure the minister is aware that, as much as
money has been going in over the last few years as our revenues have increased,
institutions like Memorial are still catching up and are seriously still
underfunded because of the past underfunding. They continue to have serious
funding needs, and students are still incurring high debts, so I hope that
government will continue to work with the post-secondary community to address
these issues.
Thank you, Mr. Speaker.
MR. SPEAKER: Further statements by ministers.
Oral Questions.
Oral Questions
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
Given that the House may be closing fairly soon, we have questions from a
number of areas.
Mr. Speaker, when it is necessary to remove a child from parental care in
this Province there are several placement options. When foster care or group
homes are not suitable or available, individualized or Alternate Living
Arrangements, known as ALAs, are often used. The ALA services are delivered to
the children through home support agencies.
I ask the minister: Is there a set of provincial government standards that
ensures that these agencies are following best practices in residential care?
MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, there are typically three types of issues for
children who would go to an ALA placement. That would be children in sibling
groups where it would be otherwise difficult to find a foster home to take the
group of children. Sometimes it would be children with complex needs who go to
an ALA type setting prior to going into possibly a treatment centre or a
therapeutic foster home outside the Province. Sometimes ALAs are used for
children who do not have a foster care placement but would be easily put into
the typical foster care home once one becomes available.
At this time, the ALA arrangements that have been set up and the policies
that guide them have been set up by the regional health boards as opposed to a
provincial policy.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
Personal care homes in the Province are licensed. That is, the regional
health authorities can go in, assess the home, establish the requirements, and
on an annual basis renew the licence for the home based on that assessment.
Regional health authorities have been asking for the same type of licensing for
the ALA homes; yet, government has not put the legislation in place to make this
happen.
I ask the minister: When are you going to implement this legislation to
licence ALA homes?
MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, there are quite a few differences between an ALA
and a personal care home, just based sometimes on the temporary nature of an ALA
that would be in response to probably being set up to accommodate a sibling
group, as opposed to being a home that is established that we use on a regular
basis.
In the meantime, Mr. Speaker, this government certainly feels there needs to
be more focus in the area of Child, Youth and Family Services and, as a result,
in our recent budget announcement we have certainly developed the new department
that will focus solely on Child, Youth and Family Services.
We go back to the clinical review, and although it did not specifically
address ALAs there is certainly a need for legislative review, which will be
happening by this new department. We will certainly review the legislation that
guides the activities of the Child, Youth and Family Services, and we will
certainly be doing a comprehensive review.
So any legislation that is either in place that may need to be amended, or
any new legislation that needs to come forward, to be able to assist us to have
a more child focus on our Child, Youth and Family Services, we will certainly be
doing that, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Mr. Speaker, concerns have been expressed over the
qualifications to work in an ALA. We understand that there are people working
with these high-risk children who do not even have basic level training, such as
first aid, non-violent crisis intervention, and suicide intervention.
I ask the minister: What is your department doing to ensure that only
qualified people are working with our most vulnerable children?
MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, there would be a number of people who would work
with children who are in an ALA setting.
The case manager, the person who oversees the case, would be a registered
social worker, and registered in the Province of Newfoundland and Labrador. In
addition to that, based on the specific needs, there could also be involved in
any particular case a child psychologist or a psychiatrist. There could be a
paediatric nurse or there could be a medical doctor, so there are many people
who are members of any particular case management team who would be qualified to
provide intervention or to be able to provide input into the case plan, based on
their expertise.
Mr. Speaker, certainly, there are also requirements with regard to foster
homes and the PRIDE program that our foster parents need to have completed in
order to become foster parents.
Mr. Speaker, I certainly want to make the point that with any team that
supports any child who is removed from the home, there certainly would be
registration within their professional field, and they would be part of that
team.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Mr. Speaker, it is a requirement, according to the
Child, Youth and Family Services, that a criminal record check be part of the
process in order to be hired as a caregiver for children in this Province. We
know that children with criminal convictions have been working with our children
at risk for almost two months before the criminal record check was completed.
I ask the minister: Does government feel it is acceptable that people with
criminal convictions are able to access children in ALAs in this manner, and
what do you intend to do about it?
MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, it is my understanding that there were issues that
came forth from Labrador with allegations that there were people with criminal
records working with children in ALA settings. The information that I was
provided by my officials also indicated that there were no individuals working
in the ALAs who did have criminal records, although that allegation did come
forward.
I had asked my officials about that; they confirmed with me that the
individuals who were working in the ALAs in the particular place where the
allegation came forward did not have criminal records.
Mr. Speaker, it is a requirement that is there and it is my understanding
that requirement is being followed.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
Based on recent statistics, a significant number of children in care in
Labrador are largely Aboriginal; yet, there is no cultural component to their
ALA.
I ask the minister: Do you intend to do anything to address this shortcoming,
and when could we look forward to seeing something being done?
MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.
SOME HON. MEMBERS: Hear, hear!
MS BURKE: Mr. Speaker, the questions put forward by the hon. member
certainly highlight some of the deficiencies in the system and certainly
exemplify why this government has decided to have a new department for Child,
Youth and Family Services.
There are many gaps in services. We had the Clinical Services Review, which
will provide the basis for change, but we also note - and it was in the Abell
report - that there are no quick fixes to this issue, either, and that it is
going to take a number of years for us to bring the system to where it needs to
be.
One thing that is particularly important is that when we deal with Aboriginal
children we do have cultural sensitivities and we are able to provide a cultural
component to their care, whether it is foster care, ALA, or out-of-the-Province
care.
The other thing, Mr. Speaker, I have also had correspondence from the Innu
Nation. They want to be able to look at child protection issues and the child
welfare system in an attempt, possibly, to be able to take over responsibility
for those services. When I am in Labrador, I certainly have intentions of
meeting with representatives from the Innu Nation but we feel strongly that the
Aboriginal component is absolutely important.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
Energy drinks are meant to supply mental and physical stimulation for a short
period of time. They are not to be confused with sports drinks, which rehydrate
the body. Health Canada cautions that children under eighteen, pregnant women or
breastfeeding women, should avoid energy drinks. Possible side effects from
energy drinks include nausea, vomiting and heart irregularities.
I ask the minister: Has government considered any legislated restrictions on
energy drinks for young people in our Province?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: Thank you, Mr. Speaker.
It is not something that is under active consideration at this time, Mr.
Speaker, but the member opposite raises a valid point. Obviously, we need to be
very cognisant of the jurisdiction that the federal government has in regulating
various products, food products and others in the country. Provincial
regulations and guidelines should be in sync with what we have federally but it
is not something that is under active consideration, but I will have officials
in my department review the issue and report back to the House.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Mr. Speaker, according to health officials energy
drinks are loaded with caffeine and other herbal extracts. Nutritionists worry
about children becoming addicted. A person would have to eat five-and-a-half
chocolate bars or drink four cans of cola in one sitting to ingest the same
amount of caffeine found in just one can of these energy drinks.
I ask the minister: What research has been done in this Province? It is
obviously becoming a problem. What research has been done or what is intended to
be done to determine the impacts of these drinks on our children in this
Province?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: Mr. Speaker, as a government we have made some significant
strides in recent years as a part of our wellness strategy to ensure that the
people of Newfoundland and Labrador, particularly our children, fully understand
the value of nutrition. Some of the things we have done in our new school food
guidelines, some of the things we have done as a part of our Healthy Students,
Healthy Schools initiative, all with a view, Mr. Speaker, to create a better
understanding in our society about the value of nutrition, the value of making
appropriate choices about the food you eat, the liquid you drink, the level of
physical activity that you enjoy. So, Mr. Speaker, as a part of our overall
wellness strategy, as a government I think we have become very cognisant of the
impacts of making appropriate lifestyle choices on people's health and well
being, and we will continue to make those kind of strategic investments.
In areas with respect to the kinds of products that are being licensed to
come into the market and the regulations around food products, Mr. Speaker, is a
federal jurisdiction, but as I said a second ago, we are not currently doing any
research in this particular area but our regulation in this Province needs to be
in sync with the federal (inaudible).
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
I say that it is obvious that the government has no understanding that this
issue is current, this issue is relevant. Tobacco is also a licensed product but
we also took undertakings and moves in this Province to make sure of how they
were dealt with by our young people and in certain public places. While these
drinks are not being sold on public property, students are bringing these drinks
to school. Teachers have raised concerns about the growing popularity of these
drinks and their effects on students. Teachers say there is a spike in student
behavioural problems and they are unable to maintain attention in class.
I ask the minister: How much of a problem, indeed, are these energy drinks
causing in our classrooms, and are you prepared or considering a ban on these
drinks in our schools?
MR. SPEAKER: Order please!
The hon. the Minister of Education.
SOME HON. MEMBERS: Hear, hear!
MR. KING: Mr. Speaker, to the member's question on the energy drinks.
We do have food guidelines that have been developed in keeping with Canada's
Food Guideline and in consultation with the Department of Health. We certainly
do discourage the use of those kinds of drinks. We have not brought in a
regulation or a rule that prevents those drinks from going on school property,
as a government. Rules of that kind of nature would be the responsibility of the
school boards in consultation with individual schools, but there is nothing
whatsoever to restrict an individual school council from having a rule that
would prevent it. I might say there is nothing to prevent an individual parent
from talking to their children and discouraging them from bringing things of
that nature to school.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
I think it is quite evident to everybody that parents do in fact pay a key
role in educating their children. However, you cannot slough this off to the
school boards. The government, I would suggest, has an onus on them as well to
inform people. Many parents may not be aware of the contents of these energy
drinks or the effect these drinks may be having on their children.
Is government considering any kind of educational campaign or marketing
campaign to make parents and citizens of our Province aware of the potential
hazards of these energy drinks?
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order please!
The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: I am glad the member opposite prefaced his question by
saying we are getting to the end of the session because we are scraping the
bottom of the barrel with questions today, I say, Mr. Speaker.
It is an extremely important topic that the member opposite is raising,
though, at the same time. Is that having an awareness and an understanding of
the products that we eat, the products that we drink is an extremely important
thing for all of society to consider. As I said a moment ago, that is the very
reason, Mr. Speaker, that we are investing millions of dollars, on an annual
basis, in our wellness campaign to ensure that we create a better understanding
of the importance of making those lifestyle choices, the importance of educating
our children. That is why we are doing tremendous work in conjunction with the
Department of Education and some of the kinds of things we are doing with our
students. It is the reason why we engage in social marketing campaigns, to
create an understanding of parents so they can educate and advise their children
and provide guidance, Mr. Speaker, but as I said a moment ago
MR. SPEAKER: Order please!
The hon. the Opposition House Leader.
SOME HON. MEMBERS: Hear, hear!
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
On May 19, government announced a $35 million package to cover the severance
for the former workers of AbitibiBowater.
I ask the minister: Were there any negotiations or consultations, prior to
that announcement, with Services Canada or Revenue Canada to work out the EI and
tax implications of distributing these funds?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. SKINNER: Mr. Speaker, with the announcement that was made here a
couple of weeks ago, it was indicated that we would be working with the unions
representing the workers affected by the Abitibi closure to make sure that they
had all of the information that they needed and all of the capacity that they
would require to be able to address any issues that would be arising from the
payment of the severance and the other benefits that government undertook to
pay.
That committee is in place. They are doing their work. They are following
through on questions that are being directed to them by their membership, and I
am sure that the members are receiving the information that they need to make
informed decisions.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you.
Mr. Speaker, most of these former workers are already signed up with Services
Canada and are registered to receive EI. That means when and if these workers
receive this government-sponsored severance package, it will impact upon how
much and how long they continue to receive EI. In other words, it is possible
for these workers to change from being recipients of EI to suddenly owing money
back to EI the moment they receive these government-sponsored severance funds.
I ask the minister: What arrangements, if any, have been made with Services
Canada to ensure that this government-sponsored severance package does not
negatively affect the EI of these workers?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. SKINNER: Thank you, Mr. Speaker.
Mr. Speaker, in our discussions with the union leadership regarding
government providing monies to the union to be able to meet the former
obligations of AbitibiBowater, it was indicated that any of the impacts that
would be felt upon workers, as would normally be felt had they received their
severances and their obligations from AbitibiBowater, would have to be met,
would have to be understood that people may have some impact. They understood
that. They understood that it may happen should they receive their severances
from AbitibiBowater. There are no issues with that, that I am aware of, and
things are progressing along and workers are happy, the unions are happy and
everything seems to be going quite nicely out there.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Mr. Speaker, there are allowances in the tax system
to shelter portions of severance payments into RRSPs and related instruments;
however, these allowances assume that funds are coming directly from the
employers and are received directly by instruments controlled by the employee.
In this case, the severance package funds are coming from government, not the
employer, are then transferred to the union and then to an accounting firm, not
directly to the employees' financial instruments.
I ask the minister: What arrangements, if any, has government made with
Revenue Canada to ensure that the workers are not hit with an unnecessary and
onerous tax bill as a result of the government-sponsored severance?
MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural
Development.
SOME HON. MEMBERS: Hear, hear!
MR. SKINNER: Mr. Speaker, as I indicated earlier, the government, in
consultation with the union leadership, is in the process of determining the way
in which this will flow. So, the assumption that the hon. member just made is
exactly that, an assumption. That process has not yet been finalized.
The second point which he raises relative to sheltering of money and so on,
as I indicated, we have provided an undertaking to the union leadership that we
will provide to them whatever assistance they need from financial managers, from
actuaries, anything that they need like that, accounting firms, to be able to
deal with these issues, and the union is moving forward, quite happy with the
arrangement that has been made and quite happy that government has stepped up
and made sure that they receive the obligation that they should have received
from AbitibiBowater.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
It seems clear that government has made and announced another decision
related to AbitibiBowater without considering and thinking through all the
implications.
SOME HON. MEMBERS: Oh, oh!
MR. KELVIN PARSONS: Mr. Minister, at the end of the day, once all the
consultations are done that you are talking about, will government compensate or
otherwise shelter the former AbitibiBowater workers from any unintended negative
impacts regarding EI and tax liabilities which might occur as a result of this
government-sponsored severance package?
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
The hon. the Minister of Innovation, Trade and Rural Development.
SOME HON. MEMBERS: Hear, hear!
MR. SKINNER: Thank you, Mr. Speaker.
Mr. Speaker, I think the answer to that question is obvious. Government has
provided $35 million of sheltering to the workers of Central Newfoundland and
Labrador -
SOME HON. MEMBERS: Hear, hear!
MR. SKINNER: - and government is very happy to be able to provide that
sheltering.
As I have indicated in my previous answers, we are working with the union
executive, who are working with the affected members, to ensure that this flows
as easily and nicely and as co-operatively as it can, and we will continue to do
that kind of work, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
Mr. Speaker, last session in the House of Assembly we highlighted the fact
that Newfoundland and Labrador is one of the last provinces to bring forward
midwifery legislation.
The Minister of Health and Community Services committed, at that time, to
bringing forward umbrella legislation that would address this concern, as well
as licence other health professionals in other disciplines.
I ask the minister: What is the status of this legislation now, and when can
we expect to see it tabled in the House?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: Thank you, Mr. Speaker.
If the member opposite would reflect on the comments I made in the House, I
think I indicated that some time before the end of 2009 which we are only
halfway through now that we would anticipate having that legislation brought
before the House.
It is a significant piece of work, Mr. Speaker, to look at the regulation of
a number of disciplines that we currently do not have regulation for, especially
when we are trying to bring it together in one umbrella piece of legislation.
Significant work has been done, significant progress has been made, and from
the discussions I have had in recent weeks about the status of the work in
progress we are on target to have that introduced in the House by the fall
session.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
There are other health disciplines that have contacted our office, also
asking for this umbrella legislation. One of these groups is the Newfoundland
and Labrador acupuncture association. Even though this is a growing practice in
our Province, these professionals have no legislation governing their
activities. We even have a private college that offers a three-year program on
acupuncture in this Province, but these graduates do not have to meet any
provincial certification requirements upon graduation.
I ask the minister: Are you concerned that there are no standards whatsoever
guiding the practice of acupuncture in the Province, and will these individuals
be included under the umbrella legislation that you referred to?
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: The member opposite has identified one particular group, but
we have a number of professions. We made a commitment in this House very
recently that we would have laboratory medicine also covered by legislation. We
have speech language pathologists who are not yet regulated in this Province. We
have x-ray and imaging technicians who are not. We have ultrasonographers who
are not, and respiratory therapists who are not, so we have a fairly large
number of people currently in practice in the Province who are not yet
regulated.
Mr. Speaker, that was the reason because some of these groups are fairly
large, some more of them are relatively small - that is one of the reasons that
we believed it was fundamentally important for us to develop an umbrella piece
of legislation to ensure that we have not only those that are currently in
practice covered, but as other disciplines emerge over time we will have the
umbrella legislation to embody those in the future.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Port de Grave.
MR. BUTLER: Mr. Speaker, last year the Opposition raised questions in the
House about the dysfunctional relationship within and between the Town of
Portugal Cove-St. Phillips and its residents, and the minister assured that
action would be taken. Yet, we know that no action was taken by the Department
of Municipal Affairs and that all parties to the conflict feel let down by
government.
I ask the minister: Why did you choose to take no decisive action on the
Portugal Cove-St. Phillips file, despite the fact that directives from your
department were breached?
MR. SPEAKER: The hon. the Minister of Municipal Affairs.
SOME HON. MEMBERS: Hear, hear!
MS WHALEN: Mr. Speaker, the Department of Municipal Affairs, my officials
and myself, met with the Town of Portugal Cove-St. Phillips and we raised the
concerns with them that were brought to my attention. They were given a
directive, and just this morning the mayor met with me in Portugal Cove-St.
Phillips - and the town manager - to bring me up to speed to where they were,
and it is almost to a resolution.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The hon. the Member for the District of Port de Grave.
MR. BUTLER: Thank you, Mr. Speaker.
I guess the minister must have been aware I was going to ask her the
question.
SOME HON. MEMBERS: Hear, hear!
MR. BUTLER: Mr. Speaker, since raising questions on problems with this
municipal government -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
The hon. the Member for the District of Port de Grave.
MR. BUTLER: Since raising questions on problems with municipal
government, we have heard from many other municipal governments who have
complained about the lack of due diligence and leadership from the Department of
Municipal Affairs. Only today, Mr. Speaker, we learned of the resignation of the
Mayor of Steady Brook.
With new municipal elections taking place this fall, will your department be
adopting any new policies or procedures to ensure municipal councils can
function effectively and take timely action when significant problems are
identified and bogged down by council's work?
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
The Chair is having great difficulty in hearing the questions that are asked.
The hon. the Minister of Municipal Affairs.
SOME HON. MEMBERS: Hear, hear!
MS WHALEN: Mr. Speaker, we did become aware last night of Mr. Dawson's
resignation. We received a copy of the news release right after the town council
meeting last night.
The department will continue to work with the Town of Steady Brook in order
to move this forward, but Municipal Affairs officials are always aware and they
are always there to assist councillors with any issues in their town.
I would like to go back to the member. I was not anticipating his question,
but I would like him to know that we are on top of things in our department.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi
Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
Mr. Speaker, it has been brought to my attention that out of the fourteen
cardiac surgeries scheduled this week at the Health Sciences Centre only one was
able to be completed due to a lack of available ICU beds. In January seventeen
cardiac surgeries in St. John's were cancelled because there were not enough
nurses. That means more than one-quarter of the scheduled surgeries were
cancelled for that month alone. We have also heard of cancellations due to a
shortage of anesthesiologists.
Mr. Speaker, I ask the Minister of Health and Community Services: Could he
give us some concrete examples of what his department is doing to deal with this
ongoing critical situation?
MR. SPEAKER: Order, please!
The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: Mr. Speaker, one of the reasons that the member cited for
some of the challenges we are having is the nursing issue, and she wants a
tangible example. Well, let me share one with her.
We just recently, just a few days ago, in fact, negotiated very successful,
averted a strike and negotiated the best collective agreement of any unionized
group in the entire country, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: Nurses in Newfoundland and Labrador have a contract today
second to none. They are among the best paid nurses in the entire country. They
have benefits second to none in the entire country. That is a very tangible
example, I say to the member opposite, of where our government has provided
leadership and stepped up to the plate, Mr. Speaker, to address some of the
critical issues that the nurses' union identified with respect to recruitment
and retention of nurses.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi
Vidi.
MS MICHAEL: Thank you, Mr. Speaker.
The minister knows that that contract is not going to deal with the urgent
situations now.
Mr. Speaker, last summer health authorities reduced elective services and
closed beds during the summer as a way to deal with the shortage of nurses in
the Province. We know nurses need to have vacations as well as all other
workers. Eastern Health closed two long-term care units as Hoyles Escasoni last
summer, we had maternity patients shipped around Central Newfoundland, and
dialysis units temporarily closed in St. Anthony.
Mr. Speaker, I ask the minister: What plans does this government have in
place to deal with this summertime issue this summer, here and now, not in two
years time?
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: I am glad the member opposite acknowledged that our health
care workers need vacation. They work very long hours. They are dedicated
individuals who make a big commitment to the people of Newfoundland and
Labrador, and they, together with all of us in this Province, deserve a periodic
holiday, and many of them like to take that during the summertime when their
children are out of school and the family can be together.
Ever since I can remember, and long before I was ever involved in the health
system, which dates back to the early 1980s, the health organizations in this
Province have always made adjustment in the summertime to accommodate nurses and
other individuals who need annual vacation. So what we will experience in 2009,
the summer of 2009, is the same thing that was experienced in the summer of
1985, 1981, 1979 and will probably be well into the future, Mr. Speaker, adjust
the level of operation to facilitate the much needed and the much deserved
vacations that staff need to take.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The time allotted for questions and answers have expired.
MR. KING: A point of order, Mr. Speaker.
MR. SPEAKER: The hon. the Minister of Education on a point of order.
MR. KING: Thank you, Mr. Speaker.
With regret, I wish to make an apology to the House. In my member's
statement I incorrectly named an individual as Michael Smart. In actual fact it
was Michael Small, and I did recognize the error as I was doing the statement.
It was a typographical error. I would ask it to be noted for the record and ask
my colleagues if you would join me once again in ensuring that my error does not
diminish the accomplishment of Mr. Small.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: No point of order, a point of clarification.
Presenting Reports by Standing and Select Committees.
Tabling of Documents.
Tabling of Documents
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
MR. KENNEDY: Thank you, Mr. Speaker.
Pursuant to
section 26(5)(a)of the Financial Administration Act, I am tabling
four Orders in Council relating to funding pre-commitments for the 2010-2011 to
2012-2013 fiscal years.
MR. SPEAKER: Further tabling of documents?
The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear, hear!
MR. WISEMAN: On March 3 of this year, Mr. Speaker, the Department of
Health and Community Services received a report from Madam Justice Margaret
Cameron as a result of the inquiry that she completed in the hormone receptor
testing in the Province and I want to table for the members of the House and for
the people of the Province a progress report on what we have been doing to date.
One of the recommendations in the report called for a full update by March
31, 2010 but during the last couple of months we have been able to initiate a
number of actions and I want to be able to provide this interim report to the
House while we continue to work on what will be a very aggressive agenda in the
coming year, and I look forward to tabling another, much more complete report in
March, 2010 that will outline significant progress, working towards those
recommendations, Mr. Speaker.
MR. SPEAKER: Further tabling of documents?
In my capacity as Speaker, I hereby table the Public Tender Act Exception
Report for the month of April, 2009.
Further tabling of documents?
Notices of Motions.
Answers to Questions for which Notice has been Given.
Petitions.
Petitions
MR. SPEAKER: The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
I take this, probably final opportunity during this sitting of the House to
present a petition. I think it is my twelfth during this session on behalf of
the people of South Western Newfoundland, in regards to the lack of dialysis
services in that particular area of the Province, from Grand Bruit, down the
coast to LaPoile, right on up to the Codroy Valley. Anyone who needs those
services, of course, has to go to either Stephenville or Corner Brook at the
present time. There is no question the need has been established, and of course
if people can get these services and treatments in their own community that is
what the goal is all about.
I have had some discussions with the Minister of Health, briefly, on this
issue since I have been raising it here in the House. I am aware, and the
minister is now aware that there is a study being undertaken, a report being
compiled by the chief of staff of the Dr. L. LeGrow Health Centre in Port aux
Basques, and a nephrologist at Corner Brook.
We know that the report would deal with issues of space, which we know that
we do have in the LeGrow Centre, to place the operation. We do know, as well,
that there is certain equipment that will be needed to do it, if you have a
satellite operation. Of course, there has to be determination made as well, as
to whether we have home dialysis or we have a satellite operation.
So, we are looking forward to the report being compiled quickly. We hope we
get a faster response from the minister and the minister's office to the
report that is being compiled than we have had in the past. Part of the problem
here is getting people who are in the Department of Health to acknowledge that
there is a need and to acknowledge and start to make the wheels turn to provide
some solutions to solve the problem. Everybody is aware of it. The minister
knows the problem is there. We would like to see some positive actions back to
show that he is aware of it and that the department is aware of it and they are
prepared to do something about it.
The people of South Western Newfoundland deserve no less better treatment
than anybody else in this Province. Whether you are in Lab City, whether you are
in Stephenville, Corner Brook or Grand Bank, the issues of travel and the area
you have to travel, geographically is well known, and there is no reason why, if
the cost can be provided for, the equipment can be provided for by the people of
that area, the space is there, the training is there for the staff, there is no
reason in the world why the people of that area of the Province should not avail
and be given the opportunity to have the same services for dialysis as anyone
else in this Province.
Thank you, Mr. Speaker.
MR. SPEAKER: Further petitions?
The hon. the Member for the District of Port de Grave.
MR. BUTLER: Well, Mr. Speaker, it is a pleasure to be able to stand today
with a petition, and I am going to present all the copies that I have now of the
petition with regards to the Long Island causeway. I did not present any over
the last three or four days because I was hoping other people I know who have
some of those petitions might have presented them, but I will pass all the ones
that I have in now. It seems like it is coming to the time of year when this may
be my last opportunity for this session.
Mr. Speaker, it is a very important petition. It is signed by not only the
people of Long Island, all the surrounding areas, the communities, whether it is
Bishop's Falls, Grand Falls, all of those individuals know the needs and the
concerns that the people have with regards to this issue. They had an excellent
ferry service, in their minds, for some twenty-six years but they believe that
particular service has been stripped away from them and now they have a joint
service being shared with Long Island and Little Bay Islands.
In the prayer of their petition they mentioned that they would like to have a
ferry service to replace what they have in existence at the present time, but
their main concern is for a fixed link to the Island. As I mentioned before,
there are many issues why they present this petition. It is because of medical
reasons, transportation of their students. The last day I mentioned also with
regards to the timeframe that it is for them to get an ambulance service - with
the ferry service they had originally as versus the shared service. It increases
from a half-an-hour of wait time up to approximately three or four hours.
The other issue they present is with regards to, there are approximately some
100 individuals who rely on a living from the sea and their product has to be
transported, and with this shared service many times their product does not get
off the Island and they have concerns with the quality of the product and so on.
Mr. Speaker, on behalf of the people, not only on Long Island, I present this
petition with all their families and friends in the various areas, and
hopefully, government will go back to the commitment they made in 2003 that
there would be a causeway built to Long Island. We ask that government will
reconsider this and listen to the wishes of the people.
Thank you very much, Mr. Speaker.
MR. SPEAKER: Further petitions?
The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
I would not want the government members, particularly the Minister of Health,
to think that any of our problems have gone away, particularly the one
concerning the clinic in Ramea. I have spoken on that as well, I think twelve
times since this session.
The minister keeps talking about the recruitment and retention. The issue, of
course, that we have in Ramea is that the facility is set to have two nurse
practitioners. We only have one. So, 50 per cent of the required and dedicated
workforce there does not exist. We have been trying to supplement it with LPNs
and sometimes a nurse comes over from Burgeo to help out whenever possible, but
that is not a stable service. That only happens when somebody voluntarily agrees
to come from Burgeo. They are not required to, and Western Health cannot force
them to do that, so they only come over when and if they feel like it. They have
been trying to do their best, but obviously we need the other nurse
practitioner.
The minister says that under the new nurses' deal, of course, he has talked
about this recruitment and retention. Hopefully this is going to work in the
case of Ramea, because as it currently is designed it will not work. The only
nurse practitioner who can be recruited under the current process is that you
have to be either a first-year graduate or you have to be from outside the
Province.
Special circumstances require special needs; special needs require special
solutions. If that program as it currently exists, of recruitment, is not
working, we need to look at the possibility of not having it apply to rural
Newfoundland and let nurses, for example, who might be in this Province, who are
prepared to go to the Ramea area to work - why can't they avail of the
recruitment process that exists?
By having such a narrowly-defined recruitment process you are hurting
communities in rural Newfoundland, not only in Ramea but also in the community
of Franois, also in the community of Grey River. They are subject, as it is,
to very limited and unstable medical services. They only get it, for example,
down the coast in Grey River and Franois, as a result of clinics on sometimes
a bi-, tri-, or weekly basis. Quite often you could have a clinic set but if the
weather is bad the clinic does not occur. Then they could be an extended period
of time again; it could go for five or six weeks before somebody gets in there.
It is very urgent, it exists, and it can be solved if the Minister of Health
and Western Health would turn their attention to this problem. Unfortunately,
Western Health cannot act without the approval and consent of the minister.
The minister knows about this. Whenever he or someone in his department is
prepared to deal with it, that is where the ball lays right now. Hopefully, they
will pick the ball up and run with it so that the people of that area of the
Province are not disadvantaged any more.
Thank you.
MR. SPEAKER: Further petitions.
Orders of the Day.
Orders of the Day
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, Order 7, second reading of a bill,
An Act To
Revise The Law Respecting Rail Service. (Bill 36)
MR. SPEAKER: It is moved and seconded that Bill 36,
An Act To Revise The
Law Respecting Rail Service, be now read a second time.
Motion, second reading of a bill, "An Act To Revise The Law Respecting
Rail Service." (Bill 36)
MR. SPEAKER: The hon. the Minister of Transportation and Works.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Mr. Speaker, I move, seconded by the Government House Leader,
that Bill 36 be now read a second time.
Bill 36,
An Act To Revise The Law Respecting Rail Service, I know it is
something that probably caught people here in the House, and probably if anybody
is paying much attention to us it might have caught them a little bit off guard
in the general public.
I will tell you what it is not about, first of all. If anybody is under any
illusion about us entering into any kind of an arrangement to rebuild the
railway across the Island of Newfoundland then that is not what this is for, Mr.
Speaker.
SOME HON. MEMBERS: Oh, oh!
MR. TAYLOR: That may come as a disappointment to some people, but we do
not plan on bringing back the Newfie Bullet, so any of the nostalgic types here
can put that out of their mind.
Quite simply, Mr. Speaker, what this is about: in any jurisdiction, in any
province where you have a railway or the possibility of a railway that operates
completely within your boundaries, the responsibility for the regulation of that
operation falls under the jurisdiction of the province.
I know people might look at this and say, well, why wouldn't we have had a
Rail Service Act previously? Because we do have a railway operating in Labrador.
The reason that we have not had to have a Rail Service Act like the one we are
bringing forward here today, since we abandoned the railway across the Island,
is because the railway that operates in Labrador and in Quebec, the Quebec North
Shore and Labrador Railway, the QNS&L, operates across a provincial
boundary. As a result of that, Mr. Speaker, it falls under the jurisdiction of
the federal government and is regulated by Transport Canada through an authority
provided in the federal government's Parliament.
What we have here in front of us today, Mr. Speaker, as a result of
significant mineral deposits and exploration in Labrador, there is a possibility
of one, two, or even three, railway services being established in Labrador, and
it could come as early as this year - at least one and, as I said, there may
be upwards of three. We do not know for sure if it is going to happen; however,
if it does happen, we have to have the legislative framework in place in order
to enable us to have a regulatory regime to govern any such operation.
Mr. Speaker, that is basically what it is. If these rail services do, in
fact, get constructed, they will be for the movement of goods to and from a mine
site, and we would not anticipate that we would establish a full regulatory
framework and actually get into the business of regulating any future railway
development on our own.
If either one, or all of the possible railway constructions take place, or
actually constructed in Labrador, we believe, and this legislation gives us the
authority to do that, we would certainly try and negotiate an agreement, an
arrangement with the federal regulators, Transport Canada, and have them
regulate the railway on our behalf. That happens in other jurisdictions in the
country.
So, Mr. Speaker, that is the nub of it. The Leader of the NDP e-mailed me a
couple of times this morning actually and had - there were two issues that she
raised and I will just speak to those here. I know typically you deal with them
in committee on clause by clause issues, but in the interest of time I suppose.
Under
section 14.(4) about halfway through, "facilitate development
of the natural resources or other resources of the provision" is what is
said there. Provision is a typo and it should actually say Province. We have
already spoken to the Clerk about this and he is speaking to our Law Clerk or
Legislative Council whatever, to see if we are able to deal with that after the
legislation is already approved and drafted. Apparently it can be fixed. We do
not need to propose any amendment to deal with that.
As well, again in
section 14.(6)(b), the Leader of the NDP had a question
there about the "A contract entered into for the purpose of subsection
(5) may (
b) limit the liability of the company, its servants or agents, or
exempt the company, its servants or agents, from liability otherwise existing
under this or another Act or at common law, for damage arising out of the
carriage of the passenger or goods under the contract."
Mr. Speaker, what the Leader of the NDP was inquiring about was, why would we
want to limit the liability of the rail carrier? We are not proposing that we
limit the liability of the rail carrier. What this clause is about, say for
example, right now the rail service that runs the Quebec North Shore Labrador
Railway Service between Lab City, Wabush and Sept-Iles. The operators of that
rail service can enter into arrangements with other companies to carry goods for
them on their behalf. If they enter into a contractual arrangement there, the
QNSL railway may insist to the people who want to carry goods on their freight
trains that they would not be held liable for any damage to those goods. It is a
contractual arrangement between two companies and if they agree to it then we
are not looking to intervene in that business-to-business transaction,
basically.
It would have nothing to do with any, for example, environmental liability.
We would not be proposing here that the government, for example, enter into an
arrangement with a rail operator and that if there was a train derailment, for
example, that their environmental liability would be limited. That is not what
this is about. This is purely, if somebody builds a railway and if they decide
to carry goods or passengers for somebody else - similar to when, I suspect,
Oceanex hauls a container across from Halifax for some business, for Wal Mart
for the sake of an argument. I do not know what the contractual arrangements are
between Oceanex and Wal Mart, but it is conceivable that Oceanex might say to
Wal Mart: Well, if we lose a container we are not liable for it. If they enter
into a contract that says that with that type of language well that is between
them. Somebody has to assume the liability, either the carrier, the person or
the business that is looking to have something carried. This simply allows them
to negotiate those types of contractual arrangements.
So with that, Mr. Speaker, I do not know if there is much in the way of
further clarification required. I do want to point out that this may not be
needed at all. However, indications are that upwards of three rail services
could be established in Labrador and they would be entirely within the
boundaries of the Province of Newfoundland and Labrador. If that were to come to
pass then we will have the legislative framework in place to enable us to do the
appropriate regulation of any service that would be established.
With that, Mr. Speaker, I know I still have lots of time to talk, but I know
everybody in the House knows that I am rather brief most days. So with that, I
will thank the members for their patience and I will look forward to answering
any further questions that members might have.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for the District of Port de Grave.
MR. BUTLER: Thank you, Mr. Speaker.
I just want to take a few moments with regard to a few comments on Bill 36,
An Act To Revise The Law Respecting Rail Service.
I noticed there were quite a few who were a little disappointed, I guess,
when the minister got up on his feet. We thought that the Newfie Bullet was
going to be reinstated here in the Province, and I am sure many people would
have looked forward to that. That was jokingly, and I am sure we all are
familiar with the legislation that is put forward and the reasons for it.
The couple of comments that the minister made with reference to questions
from the Leader of the Third Party, I don't see any problems with those. It is
a correction and I think you gave an explanation for the one with regard to the
contract between two different companies in regard to carrying goods.
The only thing I will ask: I notice from some of the notes that we received
that they mentioned about construction to get iron ore to the port. The line
also operates a weekly passenger service. I am just wondering: Does that come
into our jurisdiction as well, the passenger part of it, or is that only on the
Quebec side? If so, would that fit into the concerns that the hon. member of the
NDP had with regard to the liability? Would that be between
MR. TAYLOR: (Inaudible).
MR. BUTLER: Okay. For instance, I understand that the rail does carry
passengers. I was wondering: Is it only on the Quebec side that happens, or do
passengers come into our jurisdiction here in the Province on that north shore
line or whatever it is called?
I was wondering then: I guess the clause that the Leader of the Third Party
mentioned, about the transport of goods was a contract between two companies, I
guess that same clause would affect the individuals if there was damage or
injury or anything to those individuals.
When I was doing some research on this, it was very interesting to note in
the press release that was put out back on June 20, 1988, when the railway in
this Province ended, the Premier at the time was Premier Peckford. As a matter
of fact, our Lieutenant-Governor at the time was the international trade
minister, Mr. Crosbie. It was interesting to note those facts and figures about
the rail bed when it was here on the Island of our Province.
We know this piece of legislation, as the minister has outlined, is to deal
with a totally different issue. This act, Mr. Speaker, is devised to give the
Province the capacity to regulate railway activities within the provincial
boundaries, if such activities should arise. I think the minister explained that
to us.
We have learned also, through our research, that there is a possibility of
three potential mining developments in Labrador. As was said, there were none
for the Island portion of the Province, to date, that the department is aware
of. In order to be ready to regulate, if this should happen, the department
needs the legislation to guide them. I think what they are doing here is a very
proactive venture and that will be taken care of once this piece of legislation
is proclaimed.
We know that Iron Ore ships their product to Quebec and they are regulated.
Most of it I think is federally. My understanding is, that if you are in excess
of thirty-five kilometres of required railway service then you are under federal
guidelines but if it is less than thirty-five kilometres then you are under
provincial jurisdiction. In order for that to happen the Province consulted with
other provincial jurisdictions that do have railway service to bring forth the
current act.
Mr. Speaker, really, as the minister stated, there is not all that much to
say on this. We support this piece of legislation, and the only question I have
is with regard to the passenger service that may come into our Province by this
railway link coming in from Quebec to Newfoundland and Labrador.
With that, Mr. Speaker, I will just take my place and just say that we do
support Bill 36.
Thank you.
MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi
Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
I am glad to have an opportunity to speak to Bill 36.
Obviously, even with just one small piece of rail in the Province I think it
is important that we have a bill in place to cover what we have. I am aware of
the fact that the minister and the department are bringing this act forward
because of an anticipation of potential mining developments in Labrador and that
there actually are, currently, three applications in to the Department of
Environment and Conservation regarding potential mining operations in Labrador
and rail lines are connected with them. I think it is absolutely essential that
we do have
an act in place that gives the government the responsibility for
making sure that these rail lines are safe, that these rail lines are
environmentally sound in terms of the way in which they are constructed et
cetera. Although at the moment there is nothing planned for the Island portion
of the Province, who knows what is down the road?
We may joke about the Newfie Bullet and we all know that it is not the Bullet
as the Bullet would help us if it came back, but in the future as we look at the
rising price of oil and the ongoing costs for maintaining roads, we might be
forced some time down the road to look again at a rail service for transport of
goods across this Island, in particular. I think it is actually a serious
consideration. Every now and again, I will get somebody, when I am out around
the Province, say to me: Ms Michael, do you ever think about what could happen?
Is it possible to even think about a rail line coming back to the Province, and
especially to the Island portion? So, I do not think it is a wild idea. It is
something that I think is certainly possible in the future, and especially as we
are looking at climate change and trying to come up with cleaner forms of
transportation. They have done so well in Europe, and also in Asia, with
electric trains for example. There are a lot of possibilities and there are a
lot of potentials.
I would like to come back, though, Mr. Speaker, to the
section that the
minister did speak to because of a phone call that I made to his department, and
that is clause 14(6)(b). I guess it is to echo what was said by my colleague
from Port de Grave. I know the minister is writing this down now as I say it,
because he still has not totally taken my concern away, because what my concern
is, is that the act is saying that, "A contract actually it says a
contact, that is another typo "A contract entered into for the purpose
of subsection (5) may(
b) limit the liability of the company, its servants or
agents, or exempt the company, its servants or servants, or agents from
liability otherwise existing under this or another act or at common law, for a
damage arising out of the carriage of the passenger or goods under the
contract."
What my question is - and it is a legal question and I do not have the
answer, because I am not a lawyer. I hope that the ministry could have gotten
the legal answer on this. My question is: Is a contract even permitted under law
to allow for exemption with regard to something that could be common law? I have
memories of being told that contracts cannot take away somebody's rights. For
example, if common law were to say that a passenger who gets injured on a train,
if a contract says that passenger has no claim on the company, is that a common
law right? Under common law, can somebody expect that they can go ahead and sue?
My question is a legal question. Can we actually say that a contract is
allowed to do that, that a contract is allowed to make an exemption that tells
somebody: even if common law says you have the right to sue, our contract says
that you cannot do it? That is what my question is about. It really is a very
serious question and I still do not have a clear answer. I did not get to speak
to the ministry, so I do not think they fully understood what my concern was. I
sent an email but I was not able to make contact. It is that question: Can a
contract actually say that somebody cannot sue, because that is the implication
of this one, and it is more passenger rather than goods that I am thinking
about?
I can see, for example, a contract between two companies, the railway and
another company who is contracting the railway, saying that the railway does not
have any responsibility for goods, but does law allow a contract to say that the
railway can be exempted, for example, from liability with regard to an
individual being hurt? If the railway had that in the contract and if the
company in contract with the railway were also to say that they have no
liability, what happens to the rights of the passenger? That is the crux of what
I am asking there, Mr. Speaker, and I will not belabour it. The rest of it looks
fine.
There was one thing that I did want to point out and that is under
section
12(2)(a), actually, which allows the minister to exempt the permit holder. If
somebody has a permit for a railway,
section 12(2)(a), which is an important
section, gives powers to the minister, and the ministry, even after issuing a
permit, may exempt the permit holder from the application of adopted provisions
or from a regulation or part of a regulation made under
section
Section 15 is quite comprehensive and I am wondering, what was the intention?
If these regulations are important regulations - and as I read them they
certainly seemed to be important regulations - why would the minister have the
power to exempt a permit holder from the regulations?
My concern about that is we see all the time, especially sometimes in
municipalities, you see rules set up and then you see somebody come in with a
plan, like in development, and they start giving exemptions to the plan. Even
though there are regulations that say, no, that should not happen, and something
else should not happen, exemptions happen. Then you go against what the
regulations were about and what they were trying to achieve.
I have some concerns that the minister, without any criteria, would be able
to say, at any point in time, that a permit holder would not have to abide by
all of the regulations. It is a concern that I put out, and I think they are the
major points that I wanted to raise, Mr. Speaker.
Thank you very much.
MR. SPEAKER: Before I recognize the hon. the Minister of Transportation
and Works - and the Speaker has no problem with it, because really this is
second reading of Bill 36, and we are doing Committee work in second reading - I
looked across the House and I did not detect anybody objecting to the questions
and answers, and talking about individual clauses, so I would assume that we are
going to continue with the format that we have established.
We only have one bill today in second reading, and the Speaker has no
problem, if that is what the members decide they want to do.
AN HON. MEMBER: (Inaudible).
MR. SPEAKER: The hon. the Minister of Transportation and Works.
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, I know it is a little bit unconventional, what we are doing
here, but the Leader of the NDP, as I said earlier, had forwarded a couple of
questions and I thought it was probably just as expeditious, since I had an hour
to talk, I figured it was just as easy to deal with it in the little bit of time
that I was going to take there, and maybe save ourselves some time when we get
into Committee. If it is still not answered satisfactorily when we move into
Committee, I will endeavour to straighten it out there.
Mr. Speaker, back to the points that were raised by the Leader of the NDP and
the Member for Port de Grave on
section 14.(6)(b). It is my understanding, as
for the existing movement of passengers on the Quebec North Shore and Labrador
Railway, to the extent that that still occurs, and in a very limited way it
takes place now, that component, the movement of people on QNS&L, is
federally regulated, as the whole railway from Sept-Iles to Wabush is federally
regulated.
What we are talking about here is, basically none of these potential three
rail services will go outside of the boundaries of Newfoundland and Labrador. If
they do, our regulations are irrelevant; they will automatically fall under
federal regulations. What happens if either one of these three were to proceed,
basically a spur line would be built from the Quebec North Shore and Labrador
Railway to the mine site, and whatever goods needed to be transported into and
out of the mine site would move on that railway, and that would be a railway
separate and distinct from QNS&L; however, it will then move on to the QNS&L
railway, and as it crosses over that interchange it then falls under federal
regulations and anything that moves there then would be a federally regulated
piece.
My understanding, further to the question on carriage of passengers, on this
section, because again it is not from Ross Bay Junction, in my
understanding, to Sept-Iles, there is still a small passenger service there and
anybody in the general public can go and get on it and travel one way or the
other, so there are actually passengers. In this one here, there would not be an
actual passenger service. The only reason anybody would be on this rail line -
either one of these three potential rail lines - would be for work purposes. It
is my understanding that this would actually be basically considered part of
their work site and they would be employees or contractors of the mining
companies and, as such, would be bound by whatever obligations the employers
would have as it relates to workplace health and safety.
That is my understanding. I am sure somebody over in the department and our
legal counsel are watching me now, and if I am saying anything wrong there will
be a message coming in here in a minute telling me that I do not know what I am
talking about again, but that is my understanding, Mr. Speaker.
As for 12.(2) "Where the minister issues a permit, the minister may (
a) exempt the permit holder from the application of adopted provisions or from a
regulation or part of a regulation made under
section 15 or both." The
Leader of the NDP raises a good point: Why would you, on the one hand, establish
a set of regulations that are fairly comprehensive and would seem to be fairly
important, and then turn around and say the minister may exempt you from any or
all of that, I suppose, potentially, at some point in the future, if he or she
so desired?
While that may seem a little odd, it is fairly standard in most pieces of
legislation where a minister is given authority to regulate something. I guess
we can all think of examples when it comes to roads or. An example that comes
immediately to mind - and I know it is controversial but it comes up from time
to time here in the House - is waste management, and the Province's stated
desire some years back to do away with teepee incinerators. There was a date
set, and everybody had to comply by such-and-such a date and what have you, and
that was the policy and the regulation and so on; however, when the time came,
for a variety of reasons, primarily because some smaller municipalities in
particular did not have the ability to move as quickly away from it as anybody
would have liked them to, the minister had the authority to grant an exemption
or an extension to it and what have you.
This is what this clause is for. Under exceptional circumstances, within
reason - if a rail line is damaged, I cannot see how a minister would be willing
to risk their neck and say I know I wouldn't, anyway I am going to
allow you to keep on running even though you have not done the appropriate
remediation on your line. However, you might find a situation where some small
item that is covered under the regulation is not critical to the safe operation
of the railway, however, the company needs six weeks or something like that
because they have to get a
part in from China, for the sake of argument, and the
minister would have the authority to say okay, this is not something that is
going to endanger anybody's life, it is not an issue that is going to present
us with any undue risk as it relates to environmental liabilities or anything
like that, and provide them with the opportunity to continue operations.
I think, Mr. Speaker, that pretty much covers the couple of questions that
the Opposition had.
With that, Mr. Speaker, I move second reading.
MR. SPEAKER: The hon. the Minister of Transportation and Works'
comments on Bill 36,
An Act To Revise The Law Respecting Rail Service, closed
the debate in second reading.
Is it the pleasure of the House that Bill 36 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 To Revise The Law Respecting Rail Service. (Bill
36)
MR. SPEAKER: Bill 36 has now been read a second time.
When shall this bill be referred to a Committee of the Whole House?
MS BURKE: Now, Mr. Speaker.
MR. SPEAKER: Now.
On motion, a bill, "An Act To Revise The Law Respecting Rail
Service," read a second time, ordered referred to a Committee of the Whole
House presently, by leave. (Bill 36)
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of
Transportation and Works, that the House resolve itself into a Committee of the
Whole to consider Bill 36.
MR. SPEAKER: It is properly moved and seconded that this House do now
resolve itself into a Committee of the Whole to consider Bill 36 and that I do
now leave the Chair.
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, 'nay'.
The motion is carried.
On motion, that the House resolve itself into a Committee of the Whole, Mr.
Speaker left the Chair.
Committee of the Whole
CHAIR (T. Osborne): Order, please!
We are now debating Bill 36,
An Act To Revise The Law Respecting Rail
Service.
A bill, "An Act To Revise The Law Respecting Rail Service." (Bill
36)
CLERK: Clause 1.
CHAIR: Clause 1.
Shall clause 1 carry?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
CHAIR: All those against, 'nay'.
Carried.
On motion, clause 1 carried.
CLERK: Clauses 2 to 22 inclusive.
CHAIR: Shall clauses 2 to 22 inclusive carry?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
CHAIR: All those against, 'nay'.
Carried.
On motion, clauses 2 through 22 inclusive carried.
CLERK:
Be it enacted by the Lieutenant-Governor and House of Assembly in
Legislative Session convened as follows.
CHAIR: Shall the enacting clause carry?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
CHAIR: All those against, 'nay'.
Carried.
On motion, enacting clause carried
CLERK:
An Act To Revise The Law Respecting Rail Service.
CHAIR: Shall the title carry?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
CHAIR: All those against, 'nay'.
Carried.
On motion, title carried.
CHAIR: Shall I report the bill without amendment?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
CHAIR: All those against, 'nay'.
Carried.
Motion, that the Committee report having passed the bill without amendment,
carried.
CHAIR: The hon. the Government House Leader.
MS BURKE: I move, Mr. Chair, that the Committee rise, report Bill 36 and
ask leave to sit again.
CHAIR: The motion is that the Committee rise and report Bill 36 and ask
leave to sit again.
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
CHAIR: All those against, 'nay'.
Carried.
On motion, that the Committee rise, report progress and ask leave to sit
again, Mr. Speaker returned to the Chair.
MR. SPEAKER (Fitzgerald): The hon. the Member for St. John's South and
Deputy Speaker.
MR. T. OSBORNE: Mr. Speaker, the motion is that the Committee rise,
report progress and ask leave to sit again on Bill 36, passed without amendment.
MR. SPEAKER: The Chair of the Committee of the Whole reports that the
Committee have considered the matters to them referred and have directed him to
report Bill 36 carried without amendment.
When shall the report be received?
MS BURKE: Now, Mr. Speaker.
MR. SPEAKER: Now.
When shall the said bill be read a third time?
MS BURKE: Today, by leave.
MR. SPEAKER: Today, by leave.
On motion, report received and adopted, bill ordered read a third time
presently, by leave.
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, we will continue on the Order Paper, Order 3,
third reading of a bill,
An Act To Amend The Income Tax Act, 2000. (Bill 29)
MR. SPEAKER: Is it the pleasure of the House that Bill 29,
An Act To
Amend The Income Tax Act, 2000, be now read a third time?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, 'nay'.
The motion is carried.
CLERK: A bill,
An Act To Amend The Income Tax Act, 2000. (Bill 29)
MR. SPEAKER: Bill 29 has now been read a third time and it is ordered
that the bill do pass and that its title be as on the Order Paper.
On motion, a bill, "An Act To Amend The Income Tax Act, 2000" read
a third time, ordered passed and its title be as on the Order Paper. (Bill 29)
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, Order 4. I move, seconded by the hon. Minister of
Environment and Conservation, that Bill 30,
An Act To Amend The Wild Life Act,
be now read a third time.
MR. SPEAKER: Is it the pleasure of the House that Bill 30,
An Act To
Amend The Wild Life Act, be now read a third time?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, 'nay'.
The motion is carried.
CLERK: A bill,
An Act To Amend The Wild Life Act. (Bill 30)
MR. SPEAKER: Bill 30 has now been read a third time and it is ordered
that the bill do pass and that its title be as on the Order Paper.
On motion a bill, "An Act To Amend The Wild Life Act," read a third
time, ordered passed and its title be as on the Order Paper. (Bill 30)
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Finance
and President of Treasury Board, that Bill 32,
An Act To Amend The Liquor
Control Act, be now read a third time.
MR. SPEAKER: Is it the pleasure of the House to adopt the motion that
Bill 32,
An Act To Amend The Liquor Control Act, be now read a third time.
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, 'nay'.
The motion is carried.
CLERK: A bill,
An Act To Amend The Liquor Control Act. (Bill 32)
MR. SPEAKER: Bill 32 has now been read a third time and it is ordered
that the bill do pass and that its title be as on the Order Paper.
On motion a bill, "An Act To Amend The Liquor Control Act," read a
third time, ordered passed and its title be as on the Order Paper. (Bill 32)
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Natural
Resources, that Bill 35,
An Act To Amend The Adoption Act, The Child Care
Services Act, The Child, Youth And Family Services Act And The Regional Health
Authorities Regulations be now read a third time.
MR. SPEAKER: Is it the pleasure of the House to adopt the motion that
Bill 35 be now read a third time?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, 'nay'.
The motion is carried.
CLERK: A bill,
An Act To Amend The Adoption Act, The Child Care Services
Act, The Child, Youth And Family Services Act And The Regional Health
Authorities Regulations. (Bill 35)
MR. SPEAKER: Bill 35 has now been read a third time and it is ordered
that the bill do pass and that its title be as on the Order Paper.
On motion, a bill, "An Act To Amend The Adoption Act, The Child Care
Services Act, The Child, Youth And Family Services Act And The Regional Health
Authorities Regulations," read a third time, ordered passed and its title
be as on the Order Paper. (Bill 35)
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, we are requesting leave to continue on the Order
Paper to do third reading of Bill 36.
MR. SPEAKER: Does the hon. Government House Leader have leave to proceed
with the third reading of Bill 36?
AN HON. MEMBER: By leave.
MR. SPEAKER: The hon. the Government House Leader, by leave.
MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Natural
Resources, that Bill 36,
An Act To Revise The Law Respecting Rail Service, be
now read a third time.
MR. SPEAKER: Is it the pleasure of the House to adopt the motion that
Bill 36 be now read a third time?
All those in favour, 'aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, 'nay'.
The motion is carried.
CLERK: A bill,
An Act To
Revise The Law Respecting Rail Service . (Bill 36)
MR. SPEAKER: Bill 36 has now been read a third time and it is ordered
that the bill do pass and that its title be as on the Order Paper.
On motion, a bill, "An Act To Revise The Law Respecting Rail
Service," read a third time, ordered passed and its title be as on the
Order Paper. (Bill 36)
MR. SPEAKER: The hon. the Government House Leader.
MS BURKE: Mr. Speaker, I would like to call Motion 2.
MR. SPEAKER: Motion 2, a resolution as put forward by the hon. the
Government House Leader is now open for commentary and debate.
The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker.
Just a few brief words on this. This resolution, of course, is a result of
the Chief Justice Green report that was filed some time ago concerning members'
interests. Last year we ended up, of course, with a brand new piece of
legislation that governs the members of the House of Assembly and a lot of
things pertaining to members of the House as to what you could or could not do,
how you should do them and so on, the different officers of the House, a new
management committee was struck to replace the old IEC.
Anyone who has been watching the parliamentary channel in this Province in
the last year or so has seen that the management committee, for example, deals
with a whole host of problems, from where members travel, how you do your travel
claims, if you are over sixty days, and it is all done on television. One of the
things that Chief Justice Green wanted as part of the process was to have
openness, accountability and transparency. That act, of course, was intended to
accomplish just that.
He, by the way, drafted the act himself. He did not leave it to the
legislators to say what the House of Assembly should do in terms of
accountability, integrity and administration. He specifically, himself, as part
of his mandate, drafted the act. We brought it in here in the House last June -
or before the election of 2007, actually, in the last sitting of the House, and
said: Thank you very much. There it is. This is what the judge said. There are
very few amendments. I do not think there were any amendments to it at the time.
We have had to go back since. There were a couple of little issues that, even
with consultations with him, he agreed were minor oversights. The basic
principles as to what members can do were outlined by him in that particular
piece of legislation.
Today we are dealing with the resolution as one part of it, because it deals
with a Members' Compensation Review Committee. A lot of people out in the
public might say: Well, what is that all about? What it is about, Mr. Speaker,
is some of the issues that the Management Committee cannot deal with. There are
certain things that the Management Committee can deal with, in terms of
different Officers of the House, whether it be the Ombudsman, the Child and
Youth Advocate and so on, Officers of the House. There is all kinds of
legislation and rules and regulations and guidelines around that, which the
Management Committee deals with, and certain members' requests and so on.
Four of the things that the Management Committee cannot deal with are
salaries, allowances, severance payments
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. KELVIN PARSONS: Mr. Speaker, I would ask your protection, please,
from the
MR. SPEAKER: Order, please!
I ask members to my right, if they would be kind enough to take their
conversations to the outside of the House. The Chair is having great difficulty
hearing the speaker who has been identified by the Chair. I ask members to
immediately stop their conversations within the House.
The hon. the Opposition House Leader.
MR. KELVIN PARSONS: Thank you, Mr. Speaker. I appreciate that.
Four of the items that impact MHAs that Justice Green dealt with, but he did
not want the management committee dealing with, were: salaries, that is, what an
MHA should be paid; allowances, everybody is familiar with the words constituency
allowances' in this Province, since 2005 and the Auditor General's reports;
severance payments, in other words, if you are in private industry or you work
anywhere else, even with government, there is a severance package that is
usually part of your employment benefits. If you retire or resign your job after
a certain period of time, there are rules and regulations around what, if any,
severance you should get. That applies to MHAs as well. What severance should
MHAs get, once their term is up, whether they are defeated while they are in
office or they do not run anymore and they voluntary retire, and so on? The
other one deals with pensions. What should be the pension scheme that is
applicable to MHAs?
Now, you will notice all of these are monetary, financial issues, and Justice
Green did not want a situation whereby MHAs sitting on a management committee
decide those issues themselves. He wanted someone else outside, someone separate
from the MHAs, to decide who should dictate what those benefits would be: what
would be the salary levels; what would be the allowances for MHAs, whether it is
a housing allowance, whether it is a travel allowance, whether it is an
allowance to run your office, for example, if you have a constituency office;
what should be the severance piece and the rules around severance if an MHA is
ultimately severed; and what should be the pension provisions. All of them are
monetary in nature, and he felt that it was more appropriate to have someone, a
Member's Compensation Review Committee, deal with those issues rather than
have the MHAs deal with it themselves. That is what we are here to deal today
with.
Some of the members of this House were here before the House of Assembly
Accountability Integrity and Admission Act that was designed by Justice Green,
so they are going to end up in a situation, some of the older members in the
House, where you have grandfathered. What rules applied to them applied before
the act came into play. A lot of the members of the House, particularly newly
elected members in 2007, they need to know what some of the rules are. Some of
the members here sitting since 2007, for example, do not know to this day what
kind of pension regime is going to be in place for them. That is going to be one
of the obligations of this committee, to design and stipulate what kind of
pension any MHA in this Province should have on a go-forward basis, and what
should be the levels of allowances for MHAs, whether it is a housing allowance,
as I say, or an office allowance. Some of these things will impact all MHAs, the
allowance levels, for example. Some, like severance, probably will not impact
everybody because there are older members and newer members. That will be dealt
by them as well.
That is the purpose of it. It is not overly complicated, but the public have
a right to know and understand what is happening here. Some people may think:
Well, you know, is this committee being appointed, a bunch of politicians again,
and going off to decide what their financial benefits are going to be,
themselves? That is not what this is about at all. This is a case where outside
individuals, three individuals, a gentleman by the name of Joe O'Neill, a lady
by the name of Cathy Bennett, and a Mr. Brian Barry now, I do not personally
know them, but I have met them. They are the three persons who will sit on this
committee.
Now I have met, personally, Mr. O'Neill, because Mr. O'Neill was a very
well known, prominent member of the Newfoundland and Labrador bureaucracy for
many years, involved in labour relations and the negotiations and discussions,
labour standards and so on, a very well respected individual, but he is not a
politician, and you will notice none of these three people, not one of them, are
former MHAs. Quite often, in the past, when we did things in the House of
Assembly we used to look to former MHAs, retired individuals, usually one from
the respective parties in the Province, the Progressive Conservative Party, the
Liberal Party and the NDP. We would all put a candidate from each party on a
committee and say: Go work it out. Well, this is done deliberately and
intentionally. There are no former MHAs as part of this committee. If this
committee wants to go out and talk to former MHAs there is provision made for
that in here, and I assume they will talk to all forty-eight members here. It
says so right in this resolution, "include consultations with
appropriate persons who can assist the Committee with respect to its required
duties." So, whomever that committee feels they should talk to, they are at
liberty to talk to. If they want to go talk to former ministers and MHAs and
premiers, if they want to get financial advice, if they want to go see
actuaries, if they want to talk to anyone, like chartered accountants or tax
consultants and whatever, they are at liberty to do that. That is the purpose of
having these three persons.
Mr. O'Neill, as I said, has had a distinguished bureaucratic career in this
Province. Ms Cathy Bennett, I have never met the lady myself but I have
certainly heard of her. She is the lady who is involved in the McDonalds
businesses in this Province, well known when it comes to human resource issues,
dealing with administrative details, financing and so on, very well respecting
in the business community, and former chair, I do believe, of the St. John's
Board of Trade. I haven't met Mr. Barry, but I understand, again, he is a very
well respected gentleman from Central Newfoundland. He has been involved in
actuarial business, insurance businesses, and so on. These three people all
bring a set of skills to the table. In addition to their own skills they are at
liberty to consult with whomever they need.
I am certainly going to be voting in favour of this resolution. I think we
have taken the proper approach by not having former politicians involved in it.
I think we have chosen very well respecting and competent individuals here to do
this. They are at liberty to consult with whomever they want.
The other thing I would point out is that they have to come back within four
months of starting their duties. Justice Green didn't just say, go strike this
committee, and it can take its dear old time as to when they want to deal with
this. He said what they deal with, salaries, allowances, severance payments and
pensions, and he set the timeframe within which they must deal with it, four
months.
Within four months this committee is going to come back and everybody in the
House, then, is going to get an opportunity, everybody in the Province will get
an opportunity, to see what the committee reported. This is not a report that is
going to be shelved within government and nobody is ever going to see it and so
on. You can be sure that in order to have the true openness and accountability
that Justice Green was demanding, the only way this is ever going to fly and be
acceptable to the public is, not only do we have competent respected people do
it, which we do, but also that the report is made public, so if the public want
to have commentary on what those commissioners say, that is the public's right
to do so. I will certainly be speaking in favour of this.
I do note that Justice Green said at least once each General Assembly, so he
has even provided here that if once is not sufficient, if the body of the House
of Assembly feels that you need to do this more than once maybe something
will be come up totally unexpected right now that nobody anticipates. We are
doing this in this sitting of the House of Assembly. Something may well come up
two years from now that might require a second one. That provision is there if
necessary, but the anticipation is that it will be done once per session; in
other words, once during every election. The last election was in 2007. The next
one is slated to be in October 2011, so this is the one for that session. Now,
whether another one is ever going to be required, that remains to be seen on
another day.
In conclusion, I think it is a very open process, I think it is a very
transparent process, and I think we certainly have the proper people doing the
process. I look forward to seeing the report as well, and I am sure the public
are as well, and we will look forward then to any commentary that anyone might
have.
Thank you, Mr. Speaker.
MR. SPEAKER (T. Osborne): The hon. the Member for the District of Signal
Hill-Quidi Vidi.
MS MICHAEL: Thank you very much, Mr. Speaker.
I am quite pleased to speak to this motion today. As has been pointed out by
the Opposition House Leader, what we are doing here, and what we have been doing
to get to this point, has been following a direction that was part of the review
that was done by Chief Justice Green. We have a requirement in legislation now
that we put in place at least once every General Assembly this Members'
Compensation Review Committee.
I would like to point out, both to ourselves and to anybody watching, to the
public, that this is something brand new, I think, in Legislatures right across
this country, and may be brand new even in the parliamentary system that we grow
out of as a parliamentary Legislature, because what we are doing is, we are
recognizing, because of what we have been through - we do not have to go over
everything that we have been through; it has all been quite public - because of
the way in which the House was managed, we have recognized that cannot continue,
it could not continue, it has stopped, and because of the Commission and the
report that was done we have now put something in place that is quite
revolutionary in terms of parliamentary Legislatures. We are saying that we are
putting decision-making with regard to some things that are extremely important
to members of the House, we are putting that in the hands of an outside group to
come up with the recommendations and the decisions, actually, about where we are
going to go, where we are going to be governed on a regular basis from here on
in with regard to salaries, with regard to allowances, with regard to severance
payments and with regard to pensions.
It was very interesting, as Leader of the Third Party, to have the
discussions that we had. The House Leader, the Opposition House Leader, myself
and the Speaker, were the committee. It was a very good process, I think, the
way in which we all could agree on what it was we were trying to do, the way in
which we could agree that we wanted this Members' Compensation Review
Committee to be as objective and unbiased as possible, the way in which we