Newfoundland and Labrador Hansard — Members' Statements; Government Business — 9 May 2006 (45th General Assembly, 3rd Session, Vol. XLV No. 18)
2006-05-09
Newfoundland and Labrador — Debates (Hansard)
May 9, 2006 HOUSE OF ASSEMBLY PROCEEDINGS
Vol. XLV No. 18
The House met at 1:30 p.m.
MR. SPEAKER (Hodder): Order, please!
Admit strangers.
This afternoon we would like to welcome twenty-five Grade 12 students from
Queen Elizabeth Regional High School in the District of Conception Bay South.
They are accompanied by their teacher, and their visit is part of their World
Studies course.
Welcome to our House.
SOME HON. MEMBERS: Hear, hear!
Statements by Members
MR. SPEAKER: This afternoon we have members' statements as follows: the
hon. the Member for the District of Exploits; the hon. the Member for the
District of Port de Grave; the hon. the Member for the District of Trinity-Bay
de Verde; the hon. the Member for the District of Cartwright-L'Anse au Clair;
the hon. the Member for the District of Conception Bay South; and the hon. the
Member for the District of Carbonear-Harbour Grace.
The Chair recognizes the hon. the Member for the District of Exploits.
MR. E. BYRNE: A point of order, Mr. Speaker.
MR. SPEAKER: A point of order has been called by the hon. the Government
House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
I do not want to interrupt the time for members' statements but, as we
know, yesterday, through the news, there has been the passing of a former Member
of the Legislature and a former Cabinet Minister, Ms Patricia Cowan. I am sure
that members opposite will speak to that a little later, but, out of respect and
for the opportunity for members to attend her funeral service occurring at 2:00
p.m. on Thursday, I believe myself, the Opposition House Leader, and the Member
for Signal Hill-Quidi Vidi, the New Democratic Leader, have reached an
arrangement by where tomorrow, which would be normally Private Members' Day,
will be a regular government day beginning at 1:30 p.m. as opposed to 2:00 p.m.
Then, on Thursday, the House will not open at 1:30 p.m. to allow members the
opportunity to attend her funeral service and to pay respects to her and the
contributions she has made to public life in Newfoundland and Labrador.
I believe I have the concurrence of members opposite on that, and they will
speak to that, Mr. Speaker.
MR. SPEAKER: The hon. the Opposition House Leader.
MR. PARSONS: Yes, Mr. Speaker, the funeral for the late Patricia Cowan is
slated for Thursday afternoon at 2:00 p.m. and, in view of that scheduling, we
requested of the Government House Leader if they would consent to that request.
We appreciate the fact the government has, and, rather than lose a day - it was
the Opposition's Private Members' Day on Wednesday - we will waive that day
and simply take our Wednesday now to do government business on Wednesday.
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
MR. HARRIS: Certainly, Mr. Speaker, we would confirm that there would be
unanimous consent to such a move to allow myself and others to attend the
funeral of Patt Cowan, which is somewhere I would like to be on Thursday, to
show my respect for her contribution to the Province.
MR. SPEAKER: I thank hon. members for their consideration, and the House
of Assembly establishment will govern itself accordingly.
The hon. the Member for the District of Exploits.
SOME HON. MEMBERS: Hear, hear!
MR. FORSEY: Mr. Speaker, it gives me great pleasure today to stand in
this hon. House to recognize the efforts of the Exploits Disability Association.
Mr. Speaker, May 26 to June 1 is Disability-Ability Week and its purpose is
to promote independent living for those experiencing physical or mental
disadvantages in life. This project was cancelled nationally several years ago;
however, this is the only network that has continued with its awareness week and
they have done so under the leadership of Dorothy Piercey and Linda Stuckless.
This awareness week is about getting people to understand why inclusion is
important, and recognize the abilities of people with disabilities. There will
be a full week of activities, including a parade and a kickoff breakfast on May
27 at the Anglican Church Hall in Bishop's Falls.
Mr. Speaker, this year's theme is "Hand in Hand, We All Succeed"
and I would ask all members of this House to put your hands together in
recognizing the efforts of the Exploits Disability Association.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Port de Grave.
MR. BUTLER: Mr. Speaker, I rise today to congratulate Central United
Church in Bay Roberts who celebrated their one hundredth anniversary on
Saturday, May 6. The Anniversary Committee chose as their motto this year,
"Journey of Faith". It was a pleasure to join 200 other guests to take
part in the celebration, and extend best wishes for the future.
Mr. Speaker, in the early 1990s there were two Methodist Churches in Bay
Roberts, but the congregations agreed to build one central church. This very
beautifully decorated church, with tin ceilings that were painted and decorated
by local residents, has a seating capacity to hold a congregation of
approximately 1,000 people.
Mr. Speaker, I ask all members of this House to join with me in
congratulating the organizing committee and the congregation of Central United
Church in Bay Roberts on celebrating their one hundredth anniversary.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Trinity-Bay de Verde.
SOME HON. MEMBERS: Hear, hear!
MS JOHNSON: Thank you, Mr. Speaker.
Mr. Speaker, on April 13, I had the pleasure of attending the Literacy Day
Event hosted by Epiphany Elementary in Heart's Delight. There were many events
scheduled for the day which encouraged the children to showcase their talents in
four categories: writing, reading, math and art.
Fun was certainly a part of the event, Mr. Speaker. This included promoting a
contest to improve school work, and the winner or winners would be able to shave
off the beard of a very brave teacher, Mr. Darrell Yetman, as well as each
student receiving a block of fabric to do their own art work and later having a
quit constructed from the blocks.
I would certainly like to congratulate Jordan Reid, Brooklyn St. George,
Hilary Underhay and Kelsey Worthman as the winners of the beard shaving contest.
Mr. Speaker, this is only the second annual literacy day held at Epiphany,
and this event was greatly supported by the area as a whole. Many people
attended to experience the day with the children, demonstrating that learning is
not only for the children at school but it is a family experience as well. Mr.
Speaker, I truly enjoyed reading to the children, and their excitement with the
learning experience was very gratifying to see.
I would like to pass along my sincere appreciation to Patti Collins Yetman
and staff and students at Epiphany Elementary for organizing such a special
event, and I ask all Members of the House of Assembly to join with me in
extending to them their congratulations.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
I rise today to congratulate the Southern Labrador Development Association
and their office manager, Peggy Hancock, on organizing and accessing a client
services representative position for the Southern Labrador Coastal area.
I also want to acknowledge the efforts and the contribution of the late Wayne
Earle, who lobbied for several years to have this position secured for the
region.
A young woman by the name of Zita Pike of West St. Modeste has now been hired
as the representative for Service Canada Community Partner Site at the E.M.
Taylor Resource Centre in Forteau.
Mr. Speaker, with the addition of Ms Pike, the office will be able to provide
one-stop, easy access to government programs and services regardless of where
you live between Cartwright and L'Anse au Clair. Also, Ms Pike will provide
employment assistant services and help people with job searches, resumes and
funding for school. The office will also help people find and download
information and forms for birth certificates, pensions, Employment Insurance,
taxes, business information and other services.
Let me say, Mr. Speaker, this position will indeed be taking a lot of
pressure off the MHA, who has been diligently working on all of these issues for
a long period of time. So, it is a welcome addition for me.
I would like to ask all Members of the House of Assembly to join me in
congratulating the Southern Labrador Development Association on improving the
services for the residents of my district.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for the District of Conception Bay
South.
SOME HON. MEMBERS: Hear, hear!
MR. FRENCH: Thank you, Mr. Speaker.
I rise today to congratulate the Kelligrews Kiwanis Club on marking its
fiftieth anniversary. Last evening, I attended the club's annual flipper
dinner, which was the kickoff event for their anniversary celebrations.
The Kelligrews Kiwanis has had a significant impact on the community over the
last fifty years. To see an example of its many contributions, one only has to
look at the minor softball field located next to the club, and their commitment
to the youth of the area is very evident.
Their recent fundraising drive included the raising of funds to purchase a
new ambulance for the St. John Ambulance Brigade in Conception Bay South. And,
of course, the Kiwanis Club is the host of the famous annual Kelligrews Soiree.
However, last evening there were no pigs feet or cats meat, but there was
certainly enough flipper to make Sir Paul blush.
I ask all hon. members to join me in recognizing the contributions of the
Kelligrews Kiwanis Club and congratulate them on their fiftieth anniversary.
Thank you.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Carbonear-Harbour Grace.
MR. SWEENEY: Thank you, Mr. Speaker.
I rise today to congratulate Kerri-Ann Evely of Carbonear, who was inducted
into the Athletic Honour Society at Memorial University of Newfoundland's
forty-sixth annual athletes banquet.
The society recognizes graduating students and athletes who have made an
outstanding contribution to the athletic program at Memorial University.
Membership in the Athletic Honour Society is the highest athletic award
presented to a MUN student.
Kerri-Ann also picked up the university's Wrestler of the Year Award. She
competed in and won several matches throughout the wrestling season and in
January Kerri-Ann attended a training camp in San Diego.
Mr. Speaker, I ask all members of this House to join with me in
congratulating Kerri-Ann Evely of Carbonear on being inducted into the Athletic
Honour Society of Memorial University and wish her every success upon her
graduation.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Statements by Ministers.
Statements by Ministers
MR. SPEAKER: The hon. the Minister of Human Resources, Labour and
Employment, and Labrador Affairs.
SOME HON. MEMBERS: Hear, hear!
MR. SHELLEY: Thank you very much, Mr. Speaker.
Mr. Speaker, I rise today and am pleased to inform this House that full-time
international students studying at Memorial University and the College of the
North Atlantic can now apply for an Off-Campus Work Permit.
Previously, these students could only work on campuses at which they were
studying. Local employers did not have access to this pool of talented
individuals, who bring valuable skills and global connections to the workplace.
Citizenship and Immigration Canada has signed agreements with the provinces
and has recently changed its policy. International students can now seek
employment in the Province where they live while studying. They may work
off-campus up to twenty hours per week during the school year and work full-time
during study breaks. In addition to supplementing their income, they can gain
Canadian work experience and better integrate into our labour force.
Students here and across Canada have been encouraging this policy change, Mr.
Speaker. During consultations for our provincial immigration strategy, we heard
that local students wanted the government to allow this off-campus work. This
agreement benefits approximately 850 full-time students at Memorial University
and College of the North Atlantic whom already make a considerable contribution
both economically and culturally to our Province.
Mr. Speaker, this is a positive step forward, providing benefits for the
students themselves, for our post-secondary institutions, for all local labour
markets and, indeed, for our Province.
Thank you, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Bellevue.
MR. BARRETT: Thank you, Mr. Speaker.
I would like to thank the hon. minister for giving me an advanced copy of his
statement. I think it is good news. I think our two institutions, Memorial
University and the College of the North Atlantic, have a great reputation in
international circles in terms of providing training and providing all kinds of
resources to people around the world. We are attracting more and more foreign
students to our campuses.
I guess, the only change I would make in the Ministerial Statement would be
that, in addition to supplementing their income they gain Canadian work
experience and can better integrate into our labour force, and also into our
society. I attended universities from outside our Province, and I think it is
very, very important that education is not just in the classrooms, it is not
just in the workshops, but it is also getting out and integrating into society
and becoming part of it.
We, in Newfoundland and Labrador, are very generous people and I think our
foreign students should become well aware of Newfoundland and Labrador as a
distinctive place to live and to learn and to work. We should encourage students
to not only come here to go to the university and the College of the North
Atlantic, but to integrate and set up residence within the Province of
Newfoundland and Labrador.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
MR. HARRIS: Thank you, Mr. Speaker.
This is certainly a very welcome change in policy on behalf of the Government
of Canada with the co-operation of the Province. It will allow for the
international students, who are paying significantly higher tuition than local
students, Mr. Speaker, to have better joy opportunities within the Province, but
also a fuller experience of life in Canada and in Newfoundland and Labrador. For
our own people to be able to get to know these international students better and
the different cultures and nationalities that they bring to our provincial mix
is a good experience for the people in the Province as well.
I think it is a very positive step forward and I look forward to seeing these
young people from around the world in our workplaces around the Province.
MR. SPEAKER: Further Statements by Ministers.
Oral Questions.
Oral Questions
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
My questions are for the Premier.
Mr. Speaker, under the FPI Act government has the authority to tell FPI what
it can and cannot do. I will list a couple of these things that we can tell FPI
to do. For example, no one in FPI can control any more than 15 per cent of the
shares of that company. The majority of the Board of Directors has to be made up
of Newfoundlanders and Labradorians. The Act also states that the headquarters
of FPI has to be located in the Province. In fact, when we amended the Act back
in 2002, the All-Party Committee, we put in a provision or a clause that stated
that regardless of what we did to FPI, FPI would not be in a position where they
could sue the government. It is called a privative clause.
Mr. Speaker, considering the control we have over that company, and if we can
control the company's actions, I ask the Premier: Why can't we control its
assets, for example its fish quotas?
MR. SPEAKER: The hon. the Minister of Fisheries, Aquaculture and
Aboriginal Affairs.
SOME HON. MEMBERS: Hear, hear!
MR. RIDEOUT: Mr. Speaker, all of the items that the hon. member referred
to, with the exception of the last one, are items that rest with the Province
constitutionally. For example, issuing processing licences, that is a
constitutional right of the Province of Newfoundland and Labrador, but issuing
quota, or taking back quota, or telling a company where to land its quota, is
not a right of the Province of Newfoundland and Labrador. The hon. member knows
that. It is a constitutional right in the division of powers that is assigned to
of Canada. We have done all that. I think the federal minister has made it clear
where he stands in terms of the use it or lose it approach to FPI quotas; but,
in the final analysis, Mr. Speaker, it is not within the purview and the
authority of this Legislature or this government to legislate on quotas.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
I beg to differ with the minister, and I would ask him to put forward a legal
opinion or show us a legal opinion that says that we cannot control FPI through
the Legislature, including its quotas.
Mr. Speaker, now that he said he has talked to the Minister of Fisheries in
Ottawa, Mr. Loyola Hearn, and he has had discussions with him, I ask him a
simple question: Did you ask the federal minister, Mr. Hearn, to intervene to
prevent FPI from taking fish quotas from towns like Harbour Breton and Fortune,
yes or no?
MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and
Aboriginal Affairs.
SOME HON. MEMBERS: Hear, hear!
MR. RIDEOUT: Mr. Speaker, the hon. gentleman can ask his question any way
he like, I have no control over that, but neither is he going to dictate to me
how I will answer the question, with a yes or a no or a maybe or an if.
The fact of the matter, Mr. Speaker, is that we have had numerous discussions
with the federal minister on many occasions since they took power, I do not know
what it is, two or three months ago now, on the sourcing of fish quota to
operators in Newfoundland and Labrador.
The minister, I think, has publicly opinioned from time to time on the use it
or lose it concept that he has articulated, and that relates to FPI as it
relates to any other company that have fish quotas in waters adjacent to
Newfoundland and Labrador, Mr. Speaker.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: Mr. Speaker, I say to the minister, I know I cannot dictate to
him but you did not answer the question with a yes, no, maybe or an if. You did
not answer the question at all. I asked you simply, did you ask him to intervene
to stop those quotas from going out of Harbour Breton or Fortune, and you did
not answer the question.
I will ask you another one: Did the minister, in his discussions with Mr.
Hearn, ask him if he would give the provincial government, which controls FPI
through
an act in this Legislature, did you ask him to give this government the
authority to determine where those quotas are going to be processed?
MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and
Aboriginal Affairs.
SOME HON. MEMBERS: Hear, hear!
MR. RIDEOUT: Mr. Speaker, again, I cannot control the flights of fantasy
that the Leader of the Opposition might engage in, but the fact of the matter
is, he knows, everybody in Newfoundland knows, the people in Harbour Breton
know, the people in Fortune know, the people in Marystown know, the people in
other communities around know, that those quotas are assigned to a company. They
are not assigned to a community.
Now, should there be community quotas? Maybe, but the fact of the matter is,
the reality of the matter is, right now the quotas that used to be assigned to
National Sea, we were able to purchase and have them repatriated to Arnold's
Cove. I think that is good public policy. When we speculate on doing that, in
terms of the FPI operation, the Leader of the Opposition comes down on us like a
ton of bricks.
Mr. Speaker, you cannot have it both ways. You are either for that as a
public policy option or you are not. So, yes, that is one option and there are
many others that we are exploring.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: Mr. Speaker, the minister continues to dodge the issue. I asked
him earlier if they could control the quotas and he said, no, that control rests
with the federal government. I asked him if he asked the federal government if
they would lend some support in enabling this government to control where the
quotas are processed, and he dodged the issue. That is what has been happening
to this issue for the last fourteen or fifteen months. We never hear answers.
So, I will ask him about something totally different and see if we can get an
answer to a question.
The minister knows that crab plants on the Island portion of the Province
will close the end of May, because of the regulation by the federal Minister of
Fisheries. We also know that by the end of June many of the crab plants in
Labrador will be closed, leaving many, if not all, of crab plant workers in the
Province without enough hours to qualify for EI this winter. We also know,
because of market conditions, that crab harvesters and their crew members, and
shrimp harvesters and their crew members, are going to have such a rough year
that many of them will not survive in the fishing industry.
I ask the minister - a lot of that falls under your purview - do you have a
plan in place to deal with the devastation that plant workers and harvesters and
crew members are going to be facing before the end of this fishing season?
MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and
Aboriginal Affairs.
SOME HON. MEMBERS: Hear, hear!
MR. RIDEOUT: Mr. Speaker, out of all of that, at the end of it, there was
something that sounded like a question. It was more of a speech, as far as I am
concerned, and not a very good one at that.
The fact of the matter is that we are certainly aware of what is happening in
the marketplace in terms of crab, and shrimp for that matter. We have already
had discussions in terms of the possibility of a May 30 or May 31, whatever days
there are in May, close down. We have expressed the view that if there is still
quota uncaught at the end of that period of time, if there is not a major
problem with softshell, than we are of the view that the fishery should be
allowed to continue as far as crab is concerned.
In terms of any other plans, Mr. Speaker, we are not going to announce plans
for an event that has not yet happened, but I can tell you that the government
is very, very much aware and on top of what is happening in the fishing industry
in all parts of Newfoundland and Labrador and in all sectors.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Leader of the Opposition.
MR. REID: Thank you, Mr. Speaker.
I do not think there has been a day in this session of the House where
someone opposite has not tried to insult me - and I say, tried to insult me - by
the comments that they made, but I tell you, Mr. Speaker, I am still going to
ask the questions on behalf of the people of this Province, especially those in
the fishing industry.
SOME HON. MEMBERS: Hear, hear!
MR. REID: Mr. Speaker, we hear a lot lately about buying into offshore
oil resources, we hear a lot lately about going it alone on the Lower Churchill
and anyone listening in this Province knows full-well, or it certainly would
seem, that we are flush with cash and you are willing to do all these things.
Why aren't you willing to put your money where your mouth is and do something
for the people who are finding it difficult in the fishing industry?
MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture, and
Aboriginal Affairs.
SOME HON. MEMBERS: Hear, hear!
MR. RIDEOUT: Mr. Speaker, it seems to me that the Leader of the
Opposition has developed an awful thin skin over recent days. You cannot say a
thing to him. You cannot remind him that he is whistling past a graveyard, that
the sky is not falling, as he hopes it is. When you remind him of that: Oh, you
are attacking him personally, you are upsetting his feelings. I called him a
sooky baby the other night, Mr. Speaker, he just about hit the ceiling. The hon.
Leader of the Opposition from time to time acts like a sook, asks questions like
a sook, and when he asks questions like a sook, he will be responded to like a
sook.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The Chair recognizes the Member for Bay of Islands.
MR. JOYCE: Thank you, Mr. Speaker.
We saw total chaos with winter preparation due to the closure of thirteen
highway depots and the lay off of over 100 personnel last year.
I ask the minister: With $6 million in your budget for possible land
acquisition, which the minister himself said may not be used, will the minister
commit today to use $1.3 million to keep these thirteen depots open and make our
highways safe before it is too late, like last year?
MR. SPEAKER: The hon. the Minister of Transportation and Works.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, as for the condition of our roads and the safety of our
highways, we put $60 million into improving the safety of our highways this
year.
We are not interested in putting $1.3 million in there to deal with the
issues that he is talking about, Mr. Speaker. We are interested in putting $60
million into the roads budget, up from $22 million when they were the
government. We are interested in putting $10 million into our heavy equipment
fleet, up from $3 million when they were the government. We are interested in
increasing the size of the budget for painting lines on the road, up by $1.5
million or $2 million again this year.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: We are interested, Mr. Speaker, in the $2 million in
additional funds that we have allotted this year, budgeted this year, for sand
and salt purchases so that our people who work on the highways and the people
who travel on the highways have access to the kind of products and the amount of
products and the level of equipment that they need in order to service the
people of this Province. That is what we are interested in!
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Bay of Islands.
MR. JOYCE: Thank you, Mr. Speaker.
I will ask the Member for Baie Verte: Should he be concerned about the
highways depot? I will ask the Member for Exploits, should he be concerned? All
the calls you got. So, when the minister stands up, you are not concerned about
laying off 100 people?
MR. SPEAKER: Order, please!
I ask the member to get to his question now, please.
MR. JOYCE: Thank you, Mr. Speaker.
It just upsets me when he is not concerned about the layoffs.
I ask the minister: In the budget there will no reductions in winter staff,
will there be any further reductions in winter maintenance or staff for this
coming winter?
MR. SPEAKER: The hon. the Minister of Transportation and Works.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, for the record it is not 100 people that were laid off, it was
ninety. For the record, Mr. Speaker -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. TAYLOR: - the $1.5 million that was saved in salaries has been
reallocated in the budget for supplies, so that we can buy guardrails, so that
we can buy culverts, so that we can buy asphalt, so that we can buy posts, so
that we can buy all of the supplies, Mr. Speaker, that they did not buy when
they were in the government.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: That is what we are doing with our budget. That is how we are
investing in the infrastructure in our Province and that is how we are running
our maintenance program.
As for the winter maintenance program, Mr. Speaker, there have been no
changes in the winter maintenance program, I would say, in about two decades.
The number of people who are operating our equipment, the number of people who
are on the roads, the amount of equipment that is on the roads right now, Mr.
Speaker, has been relatively unchanged since about 1984.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Bay of Islands.
MR. JOYCE: Thank you, Mr. Speaker.
Great rhetoric, Mr. Speaker. Great rhetoric.
I have been informed that plow operators in Clarenville and Burin were
notified that there will be reductions in the number of operators. In Grand
Bank, the workers will decline from five to three. Each operator will be
responsible for 30 kilometres of highway. Is this what the minister means by no
more reduction in winter services?
MR. SPEAKER: The hon. the Minister of Transportation and Works.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, if the hon. member wants to provide me with the information that
he has then I will gladly accept it and I will gladly look into it. Mr. Speaker,
I can tell you that at the executive level for the Department of Transportation
and Works, at the minister's level and at the Cabinet level, there have been
no decisions made to change the level of operations on our winter maintenance
program, the level of staffing on our winter maintenance program. As a matter of
fact, the $10 million - $7 million more than was in their budget when they were
the government - for new vehicle acquisitions is to improve the winter
maintenance program in this Province.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Bay of Islands.
MR. JOYCE: I thank the minister, only I wish I could believe him.
Last year when I showed him the work report on a piece of equipment in the
department, not even on the road, he denied the report ever existed until he had
to go down and check it out himself. So what is the use to give you information,
you will not do anything about it anyway?
These layoffs are causing major concerns for summer road maintenance. These
depots are located in rural Newfoundland and Labrador where employment is
difficult, if not impossible to find - and we know the minister does not care,
you already said that.
Why are you laying off these individuals, throwing them and their families
lives into chaos, while creating more unemployment in rural Newfoundland and
Labrador? Is this part of your government strategy for rural Newfoundland and
Labrador?
MR. SPEAKER: The hon. the Minister of Transportation and Works.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, first of all, I did not say I did not care. If you want to look
at an investment in rural Newfoundland and Labrador, how about checking out $38
million more in investment in our road's infrastructure in rural Newfoundland
and Labrador, up from $22 million when they were the government?
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: How about looking at the $60 million that we are spending?
How about looking at the additional $7 million that we are spending on equipment
in rural Newfoundland and Labrador? The total roads budget for this government
is about $142 million. Where is that being spent? One-point-five-million dollars
of it is being spent up on Kenmount Road. The rest of it is being spent in rural
Newfoundland and Labrador.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: If you want to talk about a commitment to rural Newfoundland
and Labrador, check out the $1.5 million that is in the Budget for vessel
design. Check out that, and next year, please God, there will be two vessels
under construction in this Province, as opposed to running off to Estonia to buy
a rust bucket like that government did.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Bay of Islands.
AN HON. MEMBER: (Inaudible).
MR. SPEAKER: Order, please!
The Chair recognizes the hon. the Member for Bay of Islands.
MR. JOYCE: Thank you, Mr. Speaker.
That sounds pretty good, but when you cannot have your equipment operating on
the road because it is not up to standard, this just makes no difference. You
know it, Mr. Minister. The Member for Baie Verte knows it. The Member for
Exploits knows it.
Mr. Speaker, we heard the minister state last November that projects and
tenders will be called early in the new year to ensure that work will be
completed this summer. This was, of course, after a $12 million carryover from
their previous year.
Will the minister table in the House a list of projects tendered and approved
for this construction season?
MR. SPEAKER: The hon. the Minister of Transportation and Works.
SOME HON. MEMBERS: Hear, hear!
MR. TAYLOR: Thank you, Mr. Speaker.
Mr. Speaker, if the member was so concerned about the level of equipment
readiness in the Department of Transportation and Works his government would
have put more than $3 million into new vehicle acquisition. We are putting $10
million into new vehicle acquisition. That is $7 million worth of new equipment
over and above what they were buying when they were there, Mr. Speaker. We are
going to have our equipment in the best shape it has been in a long, long time.
As for the list of projects that have been tendered and contracts awarded, go
on the government website, it is all there. If he hasn't got the capacity, I
tell him he can contact my EA or somebody in my department and they will gladly
get it for him, if he doesn't know how to use the computer.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
My questions are for the Minister of Health and Community Services.
I understand there will be a number of cancer patients sent out of the
Province this week for treatment, treatment that the government failed to
provide.
Can the minister tell me how many of these patients will be referred outside
the Province, to Princess Margaret Hospital in Ontario, and how much of the cost
will be incurred by the Department of Health and Community Services?
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
MR. SULLIVAN: Thank you, Mr. Speaker.
I spoke with the Director of Radiation Oncology on this issue in the last
week or so. It is not uncommon when a doctor feels that a patient's best
interests will be served by not having to wait. They will not keep someone
waiting, but will make arrangements for them to move outside the Province; just
like Cleveland, Ohio, when the former government was in. We sent people down
there and they spent a period of time, with a positive experience coming back
from these people too, from the treatment and service they got.
Our priority, Mr. Speaker, is to advance the level of service to people where
they can get that service. If it can't be provided here because of equipment
that wasn't replaced by that former government, who let it run into the
ground, it is breaking down - we have committed to putting millions of dollars
into two new bunkers and getting new equipment in because they did nothing for a
number of years. If we have to do something in the short term because of their
inability to deal with the problem or their refusal to deal with the problem, we
will do what is necessary in the best interests of the patients and the people
here in our Province.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, the minister failed to answer the question I
asked.
It is my understanding that the government will pay 100 per cent of the cost
for all cancer patients being referred outside the Province for treatment.
PREMIER WILLIAMS: (Inaudible).
MS JONES: Mr. Speaker, I can't hear myself talk because of the comments
from the Premier and the opposite side.
MR. SPEAKER: Order, please!
MS JONES: I am trying to ask a very serious question, Mr. Speaker.
I understand, although the minister failed to answer, that the costs of these
patients are being paid for at 100 per cent by the government if you are
referred outside the Province. We all know that cancer patients who live in
Newfoundland and Labrador, who are being referred to St. John's for treatment,
are doing so and having to pay for this themselves.
I have to ask: Why is there a double standard for those patients who need
treatment, whether it is in the Province or outside?
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
It is my understanding that the arrangements for patients going outside the
Province now are the same as the arrangements that you, as a former government,
instituted when you moved them to Cleveland, Ohio. Exactly the same
arrangements. Now, they are on that side of the House and they do not like the
arrangements they followed. It is my understanding that we are following the
same arrangement, and that is paying for the costs of people who have to go out
to get this treatment.
That former government, Mr. Speaker, would not pay for patients even within
Labrador to get treatment in areas. We brought in a budget to allow people in
Labrador West to be treated like people in Northern Labrador, Southern Labrador,
that you, sitting in the district, representing that area, ignored as Minister
of Health and we had to do something about it.
We are trying to get equity and fair treatment for everybody in our Province
within the resources to deliver that. We have made tremendous strides, Mr.
Speaker, and this year put $180 million new dollars into health care in our
Province.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, the minister might like to talk about how people
in Labrador and everywhere else in this Province have 100 per cent coverage
because of cancer treatment. He is wrong.
Let me ask him this question: There is a young boy at the Health Sciences
Centre today, Mr. Speaker, with cancer. He and his parents are living there, and
will have to live there in a hostel for up to eight months, paying $50 a day
without support and subsidy from your government, Sir. Can you tell me that is
fair?
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
I think it would be very unfair to talk about any individual's personal
health, their situation or families, and I am not going to talk about it here in
this House. If she expects to get an answer here, she will not get it from me on
that.
I will tell you what we have done in health care: We have put significant
money into health care. Talk about Labrador, that she represents, dialysis was
put into Labrador.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. SULLIVAN: When they had to relocate and come here to the Province,
some people were heartbroken because they had to leave their home and come here
to get dialysis treatment. Now, in the future, they are going to be able to get
it in Labrador.
I could spend a whole day, all of Question Period, two Question Periods,
adding up what we have done that they refused to do in government: hospitals in
Labrador West; long-term care in Happy Valley-Goose Bay. We have advanced
dialysis in Happy Valley-Goose Bay. We have done umpteen things to improve it
with transportation and otherwise in all of Labrador and all parts of this
Province because we are concerned about everybody in our Province regardless of
where they live, unlike those people when they were on this side of the House.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Mr. Speaker, paramedics of the Health Sciences Centre provide
services to about 170,000 people in this area. They handle 45 per cent of the
ambulatory calls in the Province. When that minister was in Opposition, he gave
paramedics in this Province his full support, Mr. Speaker, to do whatever they
needed to beef up their programs. Still, today, the government opposite is
failing to deal with the issues that have been raised by these paramedics, so I
have to ask the minister: Make good on your commitment of three-and-a-half years
ago and give these paramedics the services that they are asking for today.
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
I never gave a commitment to anybody in my political life, in my district or
anywhere, that I would do something.
MS JONES: Yes, you did.
MR. SULLIVAN: The only commitment I gave is that I will work toward
getting results.
MS JONES: (Inaudible).
MR. SPEAKER: Order, please!
MR. SULLIVAN: I will answer the question if she wants. If she wants the
question answered -
MS JONES: (Inaudible).
MR. SPEAKER: Order, please!
A question has been asked.
The Chair recognizes the Minister of Finance and President of Treasury Board.
MR. SULLIVAN: Thank you, Mr. Speaker.
In 2000-2001, that period of time, there was an increase in ambulances by one
point four patients per day in ambulances in the Province. In 2003 there was an
increase, a unit put on from four to twelve, one extra unit put on, and an extra
twelve hours on Saturday, where the amount has gone up by one point four.
This government allocates money to health care corporations, $1,390,000,000
this year, Mr. Speaker. We do not any of these regional integrated health
authorities how many nurses to put on a floor, how many doctors to put in a
hospital, how many LPNs to schedule, or how many paramedics or ambulances to
schedule. We provide money to health authorities and they provide a level of
service that is within the acceptable standards of service provided. We do not
micromanage every single thing in a budget, and neither should we do it. The
next thing she is going to stand and say: Why isn't there one more nurse on a
floor in a particular hospital?
That is a role of integrated health authorities. (Inaudible) people to carry
out that job, and that is the way (inaudible).
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The Chair recognizes the Member for Labrador West.
MR. R. COLLINS: Thank you, Mr. Speaker.
My question is for the Premier, concerning yesterday's announcement about
taking the lead in the Lower Churchill which, I say, is certainly good news.
I want to ask the Premier: Even though we are very early in the stage, will
it be government's intention that residents of Labrador will be given priority
for employment through the adjacency principle - one that works, unlike the
Voisey's Bay promise that totally failed workers from Labrador during its
construction - and, will it be part of that adjacency employment principle, if
there is one, that apprentices will be hired for work on that project?
MR. SPEAKER: The hon. the Government House Leader.
SOME HON. MEMBERS: Hear, hear!
MR. E. BYRNE: Thank you, Mr. Speaker.
Mr. Speaker, I want to thank the member for his question, first of all, and
for indicating, generally, upfront that this is good news for the Province,
because yesterday was an historic day for Newfoundland and Labrador.
SOME HON. MEMBERS: Hear, hear!
MR. E. BYRNE: As the member knows, we have been in Labrador in his own
district with respect to consultations, and there are a number of issues that
have been raised.
One of the issues that was raised in the consultations - the one that he just
raised in terms of - is an effective employment strategy that would provide
benefits, particularly employment benefits for the people of Labrador, one that
works, compared to the Voisey's Bay agreement, in many people's perspective,
that really has not worked.
Mr. Speaker, our commitment is this, that because we are and intend to be the
lead with respect to Newfoundland and Labrador Hydro, it means this, that the
lead means first consideration for benefits, employment and otherwise, for
Labradorians and Newfoundlanders will occur. Benefits with respect to contracts
associated with the Lower Churchill will be decided by Newfoundland and
Labrador, not by SNC Lavalin out of Quebec. How the benefits proceed with
respect to environmental issues, environmental assessments, what long-term
arrangements -
SOME HON. MEMBERS: Oh, oh!
MR. E. BYRNE: I know the members opposite don't want to hear it, Mr.
Speaker -
MR. SPEAKER: Order, please!
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The Chair recognizes the Member for Labrador West.
MR. R. COLLINS: Thank you, Mr. Speaker.
I want to ask the minister, that given the large workforce that will be
required to construct this project, and, at the same time, other potential
mining developments that will take place in Labrador, that we have to plan
today. I want to ask the minister, that given the shortage of tradespeople in
our Province and in our country and the fact that we have campuses of the
College of the North Atlantic in Labrador West and Goose Bay, will government
look seriously at expanding and offering trade courses in the campus at Labrador
West now and expanding the courses that are offered there and the campus in
Happy Valley-Goose Bay?
MR. SPEAKER: The hon. the Government House Leader.
SOME HON. MEMBERS: Hear, hear!
MR. E. BYRNE: Thank you, Mr. Speaker.
Mr. Speaker, we made that commitment several months ago when the Budget was
first announced. We have the head of the Federation of Labour - the head of the
Federation of Labour, for example, is on the Skills Task Force. The reason, the
sole and fundamental reason, when we were going through the White Paper on
Post-Secondary Education, when hon. members opposite said that this is an
exercise that was going to see rural campuses closed, is the sole reason why we
are investing in rural campuses in Newfoundland and Labrador, to do this. To do
exactly what the member's question is about, to prepare Labradorians and
Newfoundlanders, and people in the Province generally, to manage the work that
we feel is in front of us; not just associated with the potential of the Lower
Churchill, not just associated with the potential of mining in Labrador and on
the Island, but to be associated with the other work opportunities in the oil
and gas industry, in the agrifoods industry, in the forestry industry, that we
need to position ourselves for. We are doing it and will continue to do it, I
say to the Member for Labrador West.
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: The Chair recognizes the Member for Cartwright-L'Anse au
Clair.
MS JONES: Thank you, Mr. Speaker.
I cannot believe what I have heard from the Minister of Finance here today,
because when he was on this side of the House he always accused the government
of hiding behind the boards in this Province and blaming things on the boards,
Mr. Speaker.
He also was out there supporting the paramedics, believing they needed
increased services. Well, in 2005 there were 260 calls for ambulatory care to
these paramedics when they could not provide the service, I say to the minister.
Now, you and your colleagues in the St. John's region and on the Avalon
Peninsula are in a position to deal with this issue, why won't you deal with
it?
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
The member can get up and grandstand all she likes. I recall several years
ago meeting with them. Since then, there has been an increase in assigned units
here at the hospital, I might add.
The Minister of Health, as I understood, met with them and there is a process
in place to look at this and they are going to look back at the need. The
minister has not ignored their request. The minister has indicated that they are
prepared to look at the circumstances if there is a justification in the
process. I have indicated that we do not micro manage how many nurses go on the
floor, how many health professionals, how many laboratory technologists go
there, how many paramedics. That is a role of health authorities - and I will
say it again, it is a role of health authorities to determine the level of
acceptable standards to provide; we provide funding to provide acceptable
standards.
MR. HARRIS: (Inaudible).
MR. SPEAKER: Order, please!
MR. SULLIVAN: I cannot hear with the Member for Signal Hill-Quidi Vidi
shouting out down there. I cannot hear what is going on, but I will repeat it
again.
It is a role of government to fund to acceptable level of services. We have
been doing that, Mr. Speaker. We have been providing yeoman service in health
care. Far more than the Member for Cartwright-L'Anse au Clair when she sat as
Minister of Health on this side (inaudible).
SOME HON. MEMBERS: Hear, hear!
MR. SPEAKER: Order, please!
The time allocated for Question Period has expired.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
Presenting Reports by Standing and Select Committees.
Tabling of Documents.
Notices of Motion.
Notices of Motion
MR. SPEAKER: The hon. the Minister of Human Resources, Labour and
Employment and Labrador Affairs.
MR. SHELLEY: Thank you very much, Mr. Speaker.
I give notice that I will on tomorrow ask leave to introduce a bill entitled,
An Act To Amend The Workplace Health, Safety And Compensation Act No. 2, Bill
24, Mr. Speaker.
MR. SPEAKER: Further Notices of Motion.
The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
On behalf of my colleague, the Minister of Education, I give notice that I
will on tomorrow ask leave to introduce a bill,
An Act To Establish The Council
On Higher Education, Bill 21.
MR. SPEAKER: Further Notices of Motion.
The hon. the Minister of Justice and Attorney General.
MR. T. MARSHALL: Thank you, Mr. Speaker.
I give notice that I will on tomorrow ask leave to introduce a bill entitled,
An Act To Amend The Human Rights Code, Bill 25.
MR. SPEAKER: Further Notices of Motion.
Answers to Questions for which Notice has been Given.
Petitions.
Petitions
MR. SPEAKER: The hon. the Member for Bay of Islands.
MR. JOYCE: Thank you, Mr. Speaker.
I rise again today to present a petition on behalf of the residents on the
North Shore of the Bay of Islands - they are from the Town of Hughes Brook -
concerning the dump site. I have presented petitions now for the last eight or
ten days, trying to bring to the attention of the government, especially the two
ministers, the Minister of Municipal Affairs and the Minister of Environment and
Conservation, that there are some real concerns out there with regard to the
extension of the Wild Cove dump site.
The mayors, through me, have written both ministers requesting a meeting. To
date, I am not sure if a date has been set. I haven't received even a response
from the letters to the ministers concerning this matter. I know the Minister of
Municipal Affairs had a few concerns about it and he expressed them in the
House, but in the press release that the Mayor of the City of Corner Brook sent
out, he makes it quite clear that his intention and the intention of the City of
Corner Brook is to expand the life of the dump site in Wild Cove.
I know, when I spoke to the Minister of Municipal Affairs, he said there was
no such request made. He wasn't aware of such a request coming forward, and
there was no application made to Municipal Affairs to extend the life of the
dump site.
I can assure you that -
MR. J. BYRNE: When did I say that?
MR. JOYCE: You didn't say that?
MR. J. BYRNE: When did I say that?
MR. JOYCE: Has there been a request made -
MR. J. BYRNE: When did I say there (inaudible)?
MR. JOYCE: At a meeting that we had out here; that there is no request
made from the City of Corner Brook. This is the kind of information that we are
all looking for. Absolutely no one is aware of a request made to the Department
of Municipal Affairs and the Department of Environment and Conservation -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. JOYCE: - to extend the life of the dump site. If you are wondering
why there is so much confusion, just imagine eight or nine towns who are unaware
of what the City of Corner Brook is planning on doing.
This is why it is needed to sit down, to have a meeting. This is why it is
needed to sit down, and if there are some concerns and if there are some issues
that need to be discussed, they, the residents on the North Shore - part of this
petition is over 1,000 and going up to 1,500 people who want the dump site
removed from the Wild Cove area. It is not only just the dump; it is the traffic
problem, also, going up Wild Cove Hill.
My request is that we all should sit down with all the councils involved,
especially the ones on the North Shore, the one from Massey Drive who attended
the meeting also, the one from Mount Moriah, and I am sure there are others that
expressed their concern. The Great Humber Joint Council has expressed a concern
that there is nothing moving on this. This is why we all need to sit down in the
same room, to sit down and find out what needs to be done.
MR. SPEAKER: Order, please!
The member's allotted time has expired.
Petitions?
The hon. the Member for Grand Falls-Buchans.
MS THISTLE: Thank you, Mr. Speaker.
I do not know how many days I have to stand and give this petition, but it
seems like it is falling on deaf ears. I am giving this petition again,
petitioning this government, on behalf of the people of the Buchans area.
I watched the Minister of Transportation and Works today give his hysterical
answers. He stood on his feet and he was almost hysterical, trying to convince
the world that he and his government were doing their best, the best yet, for
rural Newfoundland and Labrador. Well, he did not convince me, not in the least,
and he did not convince the people in Buchans, Millertown, Buchans Junction and
Badger.
He had the nerve, a couple of weeks ago, to put out a news release on road
improvements for the District of Grand Falls-Buchans. I saw it, I read it a
couple of times, and I laughed to myself. I laughed to myself, that this
government were doing repairs on the Trans-Canada Highway and this was a
commitment to the rural District of Grand Falls-Buchans, because he was doing
repairs on the Trans-Canada Highway.
You know, he already admitted he has never been up over the Buchans Highway.
He already admitted that he has never been up over the Buchans Highway. He has
never been up over the 100 kilometres where there is nothing on the road only
alder bushes on both sides. I can never get enough money from the Minister of
Transportation and Works, nor the Minister of Municipal and Provincial Affairs,
to do a proper brush cutting job on the highway. You have a safety issue of the
bus coming from Millertown and Buchans Junction -
MR. TAYLOR: (Inaudible).
MS THISTLE: Yes, it grew up in the last three years. That is all you know
about alders. If you do not look after alders every year they grow up.
AN HON. MEMBER: Don't talk so foolish.
MS THISTLE: Don't talk so foolish, now.
MR. SPEAKER: Order, please!
MS THISTLE: This is the attention that I am getting from the Minister of
the Crown, the Minister of Transportation and Works. That is all he cares about
rural Newfoundland and Labrador: Don't be so foolish.
Let me give you a lesson in rural Newfoundland and Labrador. Here you are
from a place called Gunners Cove. You are from rural Newfoundland and Labrador,
and since you got on your Cabinet suit you do not have a clue about rural
communities around the Province. You have forgotten where you came from. You
have forgotten where your roots are. That is how big you have become in your
Cabinet suit since you got the job.
Well, let me tell you, Mr. Minister, there are people around this Province
who need attention and they need help. Your government decided, in their wisdom,
not to help the people on the Buchans Highway. Now, that is a highway that takes
children -
MR. SPEAKER: Order, please!
The member's allotted time has expired.
MS THISTLE: By leave?
MR. SPEAKER: Does the hon. the member have leave?
SOME HON. MEMBERS: By leave.
MR. TAYLOR: (Inaudible) thirty seconds to clue in.
MR. SPEAKER: Leave has been granted to make some concluding statements.
MS THISTLE: Thank you, Mr. Speaker.
Do you know what that Minister of Transportation and Works just said? Give
her thirty seconds to clue in. Well, let me tell you, you need more than thirty
seconds to clue into reality because you need a great dose of reality. You were
taken out of the fisheries portfolio because you did not know what you were
doing, and now you should be taken out of that one!
SOME HON. MEMBERS: Hear, hear!
AN HON. MEMBER: (Inaudible).
MR. SPEAKER: Order, please!
Leave has been withdrawn.
Further petitions?
The hon. the Member for Carbonear-Harbour Grace.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
The Chair recognizes the Member for Carbonear-Harbour Grace.
MR. SWEENEY: Thank you, Mr. Speaker.
I rise again today to present a petition from the undersigned residents of
Burnt Point to Western Bay, Northern Bay and Gull Island.
WHEREAS conditions of Route 70 passing through Victoria and Salmon Cove is
badly in need of repair; and
WHEREAS the traffic travelling over this road includes school buses,
commercial trucks and patients going to hospitals either by ambulance or by
private means; and
WHEREAS this route is part of the Conception Bay North Highway and it has
deteriorated over the past number of years;
WHEREUPON the undersigned, your petitioners, call upon all Members of the
House of Assembly to see that this
section of road is brought up to proper
standards.
Mr. Speaker, I think this is the sixth day for me to bring a petition similar
to this one to the House and, as I speak, there are other people in the area who
are filling out petitions. The state of this road is deplorable. I know it is a
dead issue to stand here in the House to ask for road repairs. I know that I am
not being listened to. The Minister of Transportation has treated this very
lightly over the past number of days. The Member for Trinity-Bay de Verde, in
her speech a little while ago, said that the only one in her district
complaining about the roads is her mechanic. Well, Mr. Speaker, all these people
came from her district, and they were pretty quick to point that out to me.
Mr. Speaker, it is very important - it is very important - that this road be
repaired. It is the lifeline of that particular shore. Every piece of traffic,
every worker, every school bus, every ambulance that travels in that area
travels over that highway.
Mr. Speaker, Old Perlican and Bay de Verde have two of the largest crab
plants in the Province. A large number of workers commute back and forth daily.
Couple that with the large number of tractor trailers.
Last Saturday, I think there were well over twenty-five trucks that went over
that particular area, according to one resident who was counting them. You know,
all of this adds to a case and makes a case that this road should be repaired.
In that particular area, in that particular part of the shore, there is a
seniors' complex. There is a clinic, a twenty-four hour clinic there.
MS JOHNSON: When did you hear that?
MR. SWEENEY: Last weekend, actually, I say to the Member for Trinity-Bay
de Verde, probably since you were there, very likely, from what I have been
told.
MR. SPEAKER: Order, please!
The member's allotted time has expired.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. SWEENEY: By leave, Mr. Speaker, just to clue up?
MR. SPEAKER: Order, please!
Leave has been requested to make some concluding comments.
MR. E. BYRNE: Just a few seconds to clue up, Mr. Speaker.
MR. SPEAKER: Leave has been granted.
MR. SWEENEY: Again, Mr. Speaker, I ask this hon. House and the Minister
of Transportation and Works to pay particular attention to the request of these
people and see if there is something that can be done to help them through this
upcoming year.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
I am rising on a point of order, Mr. Speaker.
I recall one time in the House there was a petition presented by a member
talking about - he presented a petition on behalf of the residents of the
district he lived in, and that was a former Member for Topsail. We discovered
upon looking at the petition that there were no residents names from Topsail and
that the petition was actually signed by three members of the House.
Mr. Speaker, the Buchans Highway is an important issue. I acknowledge that,
members acknowledge it. But, so is our credibility, Mr. Speaker, an important
issue. The member stood today and here is what she read:
To The Honourable House of Assembly of The Province of Newfoundland And
Labrador In Parliament Assembled. The Petition of the undersigned residents -
with respect to the Buchans Highway. Now, the names on the petition are not
residents of Exploits, they are three Opposition members' staff, Mr. Speaker.
That is what we have.
SOME HON. MEMBERS: Oh, oh!
MR. E. BYRNE: Now, the question is this. If the member or any member
wishes to present petitions we have absolutely every right and residents of
districts have a right to present petitions but what we see here today is a
little grandstanding, I suspect, Mr. Speaker, from the Member for Exploits. No
one is trying to shut down a legitimate issue. The member has an issue with
respect to the Buchans Highway, residents have expressed that, but the member
does not have a right to get Opposition staff to sign petitions and then present
them to the House as if they were residents presenting petitions, Mr. Speaker,
and I would ask you to rule upon that matter.
MR. SPEAKER: Speaking to the point of order, the hon. the Member for
Grand Falls-Buchans.
MS THISTLE: Thank you, Mr. Speaker.
I would like to speak to that point of order. I am the elected representative
for the people of Buchans and Grand Falls-Buchans. I had that petition passed by
the Table and it is quite in order and I am speaking on behalf of the people in
my district. They have brought that concern to me. They have brought that
concern to me and I will represent them as long as I am elected to this House of
Assembly.
MR. SPEAKER: Speaking to the point of order, the hon. the Government
House Leader.
MR. E. BYRNE: Mr. Speaker, no one is questioning the member's right to
speak about an issue in her district and no one is questioning - I am certainly
not - a member's right to speak about an issue in Buchans. That is not the
issue. What I am questioning is the member in doing so presents a petition that
signs the petition of the undersigned residents of the district and the petition
is signed by members in the Opposition staff. They are not signed by residents.
That is the point, Mr. Speaker.
I am not trying to discourage the member or trying to shut down the member
from speaking with the issue. If the member has every person in her district
sign a petition and wants to come and read it one page at a time, that is her
right. But, Mr. Speaker, I believe there is something fundamentally wrong with
any member, whether it be me or any other member, standing up presenting a
petition which says: The petition of the undersigned residents of the district -
and the people who signed it are members of their own staff.
Thank you, Mr. Speaker.
MR. SPEAKER: Speaking to the point of order, the hon. the Opposition
House Leader.
MR. PARSONS: Thank you, Mr. Speaker.
I appreciate an opportunity to have a comment here. I have no difficulty with
what the Government House Leader is saying in terms of process. Of course, we
are all here and we all ought to live by the rules of process that are going to
apply to the House in the case of petitions, as the case with anything else.
It is my understanding that we have a process in place whereby any petitions
that are entered by any members of the Opposition, once drafted they are vetted
by the Table Officers of this House to determine if they are appropriate and, in
fact, in order with the rules. Now, if there has been any breach of that process
by the Opposition members in not following the process, we would certainly make
sure that it would not happen again, but with regard to the reference - and I
guess myself, I am equally as guilty if that is the case, because I have been
putting in petitions here - and this is my ninth petition I intended to put in
today from the district of - I represent Burgeo & LaPoile, and it starts off
by saying: The petition of the unsigned residents. Now, I did not identify what
particular district they are from; I did not identify what particular community
they are from. It just says residents.
Now, in this particular case, I do have residents from Port aux Basques, Rose
Blanche, Harbour Breton, Harbour Le Cou, and there are three signatures from
persons here in the Building as well. If that is incorrect, fine. In future, we
will correct the process. I have filed eight of these in the last eight days and
no one has been saying I have been doing anything wrong. So, unless I have been
misguided by somebody here -
MR. SPEAKER: The Chair would like to give the opportunity to the Member
for Signal Hill-Quidi Vidi and then we will return to the Government House
Leader.
MR. HARRIS: Thank you, Mr. Speaker.
I can recall one precedent in this House a few years ago when the former
Member for Topsail had a petition in this House and it was the petition of the
Catholic Women's League of Topsail, as I recall, which was signed by three,
apparently, male members of the House of Assembly who were obviously not members
of the Catholic Women's League of Topsail, whatever their religion.
That particular petition was a case where the actual wording of the prayer of
the petition was changed to make it more acceptable to the people who were
presenting it. I do not think the Chair, of that occasion, ruled on it. I think
the House ended up in an uproar over the debate, but I think it is something
that there should be some ruling on because a petition that is presented to the
House -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. HARRIS: We all have difficulties with petitions from time to time,
Mr. Speaker. Sometimes we have to get them faxed in if the members are from
remoter districts that they have to be faxed in, and these are deemed to be
acceptable, but when the contents of a petition are -
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please! Order, please!
The Chair is most anxious to hear the presentation by the Member for Signal
Hill-Quidi Vidi and I ask members for their co-operation.
MR. HARRIS: Thank you, Mr. Speaker.
I think at that particular occasion the Chair did not rule on the petition
because the Chair was too busy ruling on my allegations of fraud by the member
presenting the petition - which I had to, eventually, withdraw. But, I think it
would be useful to have a ruling on this, Mr. Speaker, because when the prayer
of a petition is contradicted by the signatories, then I think that is a matter
for a ruling of the Chair and not something for the Clerk to pass as a matter of
form in looking at the petition.
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Mr. Speaker, I look at every petition, as a matter of course, that comes
across the desk, members on my own side. I look at petitions from the Table, and
the Opposition House Leader said that this was passed by the Table Officers. I
am sure it was in terms of was the prayer in order, but Table Officers are not
in a position to say: Are those residents or not? Nor should they question if
those are residents or not. That is not the role of the Table Officers. The role
of the Table Officers is to say that the petition is in the correct
parliamentary form to be presented in the House.
Mr. Speaker, if we accept the premise on which the Member for Grand Falls-Buchans
just sang out to me. She said: You know, I am the member and I am a resident.
Well, then that is fine. As a member of the House and as a resident of the
district, she has many opportunities in this House in debate, which she has used
on many occasions, to discuss that particular issue. But petitions are a
different matter. Petitions are -
MS JONES: (Inaudible).
MR. E. BYRNE: I say to the Member for Cartwright-L'Anse au Clair, you
might not think this is important but it is.
The fact of the matter is, when you put on the floor of the House a petition
from residents of your district and indicate that it is residents of your
district when you know full well that the three people who have signed it are
not residents from your district, Mr. Speaker, I think there is a fundamental
problem with that. I think there is a fundamental problem with that and I ask
you to rule on this matter.
Thank you, Mr. Speaker.
MR. SPEAKER: I thank all hon. members for their presentations, and in my
time here, the last thirteen years and a bit, I have heard many petitions. The
fact that members have some of their staff people sign a petition is not new to
this Speaker. However, the issue we have here is a little different.
I also want to make note that when the petitions are presented to the Clerk
or to the Assistant Clerk, they are looking at whether the petition is in the
correct format. They do not have any knowledge of where the people who signed
the petition would live, or be able to verify that particular matter.
I would ask members if they could look at, in our Standing Orders, Sections
90 to 97. In
Section 91. (1) it says, "A petition may be either printed or
written and if more than 3 petitioners sign it, at least 3 signatures must
appear on the page containing the prayer of the petition."
In this particular matter the issue is, I understand that there were three
people who signed these petitions on the front page of the petition that was
presented. If members wish, I would like to be able to consult with the House
leadership, perhaps, before we make further commentary on this matter, and we
will come back maybe another day so that we can make sure that we are consistent
in the application of the rules.
The hon. the Government House Leader.
MR. E. BYRNE: Are we at Orders of the Day, Mr. Speaker?
MR. SPEAKER: Orders of the Day.
Orders of the Day
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
I want to move to Motions first. I want to move Motion 2, to move first
reading of
An Act To Amend The Forestry Act. (Bill 15)
MR. SPEAKER: Order, please!
Motion 2.
It is moved and seconded that the hon. the Minister of Natural Resources
shall have leave to introduce a bill entitled,
An Act To Amend The Forestry Act.
(Bill 15)
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
Motion, the hon. the Minister of Natural Resources to introduce a bill,
"An Act To Amend The Forestry Act," carried. (Bill 15)
MR. SPEAKER: It is moved and seconded that the said bill be now read a
first time.
Is it the pleasure of the House that the said bill be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act To Amend The Forestry Act. (Bill 15)
MR. SPEAKER: Bill 15 has now been read a first time.
When shall the said bill be read a second time?
MR. E. BYRNE: On tomorrow, Mr. Speaker.
MR. SPEAKER: On tomorrow.
On motion, Bill 15 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Motion 3, Mr. Speaker, first reading of a bill,
An Act
Respecting The Enforcement Of Support Orders. (Bill 27)
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Justice and Attorney General shall have leave to introduce a bill entitled, An
Act Respecting The Enforcement Of Support Orders. (Bill 27)
Is it the pleasure of the House that the hon. the Minister of Justice and
Attorney General shall have leave to introduce Bill 27?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
AN HON. MEMBER: Nay.
MR. SPEAKER: Carried.
Motion, the hon. the Minister of Justice and Attorney General to introduce a
bill, "An Act Respecting The Enforcement Of Support Orders," carried.
(Bill 27)
MR. SPEAKER: It is moved and seconded that the said bill be now read a
first time.
Is it the pleasure of the House that Bill 27 be now read first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act Respecting The Enforcement Of Support Orders. (Bill
27)
MR. SPEAKER: Bill 27 has now been read a first time.
When shall this bill be read a second time?
MR. E. BYRNE: On tomorrow, Mr. Speaker.
MR. SPEAKER: On tomorrow.
On motion, Bill 27 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Motion 4, first reading of a bill,
An Act To Amend The Workplace Health,
Safety And Compensation Act. (Bill 22)
MR. SPEAKER: It is moved and seconded that the hon. the Minister of Human
Resources, Labour and Employment shall have leave to introduce a bill entitled,
An Act To Amend The Workplace Health, Safety And Compensation Act. (Bill 22)
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
Motion, the hon. the Minister of Human Resources, Labour and Employment to
introduce a bill, "An Act To Amend The Workplace Health, Safety And
Compensation Act," carried. (Bill 22)
MR. SPEAKER: It is moved and seconded that Bill 22 be now read a first
time.
Is it the pleasure of the House that Bill 22 be now read a first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act To Amend The Workplace Health, Safety And
Compensation Act. (Bill 22)
MR. SPEAKER: Bill 22 has now been read a first time.
When shall this bill be read a second time?
MR. E. BYRNE: On tomorrow, Mr. Speaker.
MR. SPEAKER: On tomorrow.
On motion, Bill 22 read a first time, ordered read a second time on tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
I move first reading of a bill,
An Act To Amend The Labrador Inuit Land
Claims Agreement Act. (Bill 28)
MR. SPEAKER: It is moved and seconded that the hon. the Minister of
Fisheries and Aquaculture and Minister Responsible for Aboriginal Affairs shall
have leave to introduce a bill entitled,
An Act To Amend The Labrador Inuit Land
Claims Agreement Act. (Bill 28)
Is it the pleasure of the House to adopt the motion that the hon. the
minister shall have leave to introduce said bill?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
Motion, the hon. the Minister of Fisheries and Aquaculture and Minister
Responsible for Aboriginal Affairs to introduce a bill, "An Act To Amend
The Labrador Inuit Land Claims Agreement Act," carried. (Bill 28)
MR. SPEAKER: It is moved and seconded that Bill 28 be now read a first
time.
Is it the pleasure of the House to adopt the motion that Bill 28 be read a
first time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
CLERK: A bill,
An Act To Amend The Labrador Inuit Land Claims Agreement
Act. (Bill 28)
MR. SPEAKER: Bill 28 has now been read a first time.
When shall the said bill be read a second time?
MR. E. BYRNE: On tomorrow, Mr. Speaker.
MR. SPEAKER: On tomorrow.
On motion, Bill 28, read a first time, ordered read a second time on
tomorrow.
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Motion 6, to move pursuant to Standing Order 11 that the House not adjourn at
5:30 p.m today, Tuesday, May 9.
MR. SPEAKER: It is moved and seconded that the House not adjourn today,
Tuesday, May 9, at 5:30 p.m.
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Finally, on the Motions side, Motion 7, to move pursuant to Standing Order 11
that the House not adjourn at 10:00 p.m. today, Tuesday, May 9.
MR. SPEAKER: The motion is that this House not adjourn at 10:00 p.m.
today, Tuesday, May 9, 2006.
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Motion carried.
The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Order 8, second reading of a bill,
An Act Respecting The Practice of
Physiotherapy. (Bill 19)
MR. SPEAKER: It is moved and seconded that Bill 19,
An Act Respecting the
Practice of Physiotherapy, be now read a second time.
Motion, second reading of a bill, "An Act Respecting The Practice of
Physiotherapy." ( Bill 19)
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Mr. Speaker, members would recall, and possibly the public would recall, that
in the last session, or the last time the House of Assembly was open, we passed
about eleven acts last fall with respect to the Department of Health and
Community Services: the Denturists Act and a few other acts. This is one that
was inadvertently not incorporated in, at that time, so I do want to take the
opportunity from government's point of view. This is
an act that deals with
important matters, but matters related to self-regulated bodies.
The proposed bill, Mr. Speaker, is intended really to update disciplinary
procedures and board appointment processes. Changes to this statute are based
on, as I indicated, the current version, I believe, Mr. Speaker, of a
disciplinary model that has been incorporated into the Massage Therapy Act, the
Optometry Act, the Veterinary Medical Act, the Pharmacy Act, the Medical Act
itself, Denturists Act, Dispensing Opticians Act, Psychology Act, Dietitians
Act, Hearing Aid Practitioners Act, Licensed Practical Nurses Act, and
Occupational Health and Therapists Act.
Mr. Speaker, this is an important piece of legislation with respect to the
governance and the governance issues associated with the physiotherapists. It
was a piece that should have been included in the session the fall but was not,
so I am pleased to move second reading of this bill to bring this issue in line
with all the other disciplines that we have already dealt with in this House.
Thank you, Mr. Speaker.
MR. SPEAKER: Further debate.
The hon. the Member for Cartwright-L'Anse au Clair.
MS JONES: Thank you, Mr. Speaker.
I wanted to certainly speak to Bill 19. As the minister indicated when he
introduce the bill today, there has been similar legislation already passed in
the House as it governs other professional organizations in the medical field.
Just for those people who don't understand, I guess, what it is we are
talking about, the government has moved to establishing a new process that deals
with these particular professional organizations, and that new process is called
colleges of professionals.
As it relates to physiotherapy, Mr. Speaker, in our Province, there will now
be a college of physiotherapy established. This particular group will govern all
the rules and regulations as it relates to the practice of physiotherapy in our
Province today, and they will also be governed, the college itself, by a
council. That particular council, Mr. Speaker, will be established by a number
of people, nine members in particular. Seven of those members who will be making
up this council of physiotherapy will actually be those who work as registered
physiotherapists in our Province today. There will also be two other members who
will make up this council and those two other members will be appointed and
serve at the pleasure of the government. They will not be physiotherapists but
they will be people who, I guess, the government deems adequate to be able to
sit as part of this council and to make those particular decisions.
Mr. Speaker, one may wonder what this council will do once they are
established, and I guess there are a number of things they will do. The first
and probably the most important thing they will do is they will have a
tremendous amount of input into regulations and legislation that will govern
physiotherapy as we know it as a profession, and the physiotherapists themselves
as professionals, within our Province. They will look at what the conditions are
for the registration of physiotherapy, and they will also look at what
conditions are required from physiotherapists upon registration.
For example, Mr. Speaker, like any profession, physiotherapists in the
Province, I am sure, will be required to maintain their skills to a certain
level that is acceptable. They may be required on more than one occasion to do
different educational or training programs that are certainly beneficial to
their profession and the carrying out of their work and their standard. Mr.
Speaker, the Council for Physiotherapists in the Province would be the people
who would establish what educational programs would be required for
physiotherapists, what upgrading or training skills would be required on an
annual basis for them to be able to maintain their licences and be able to
provide the professional standards that we require.
Also, Mr. Speaker, this council will look at the forms of physiotherapy that
will be provided in our Province and they will provide input to the government
on what forms of physiotherapy should be offered. As you know, right now, in our
Province, there is a full range of physiotherapy services being provided through
various clinics and individuals all over the Province. So, it would be this
council that would review those types of services to look at whether there are
new services that will be added or permissible and so on. That will be the kind
of decisions they will make.
They will also make other decisions, Mr. Speaker, and that is as it pertains
to complaints. If there are complaints or allegations made towards a
physiotherapist in the Province, that one has been seeking for professional or
medical treatment, then it would be this particular council that would deal with
those complaints and allegations. They would look at them seriously and they
would make a ruling on them. They would, at least, consider all the information
and they would be the people who would be responding at the initial stages, Mr.
Speaker. There may be a need for other things, like investigations and so on. No
doubt, those things as well would be determined by this particular council.
I guess some people may raise the issue or the concern as to whether this is
fair and an open process, because as you know, and I know, that if you are
seeking the services of a physiotherapist in the Province and you do not get the
results you want or you feel that the services you have required have not been
necessary or not been adequate to meet what your medical condition is and you
are taking that complaint or allegation to this council, you have to realize
that this council is made up of seven individuals who are actually
physiotherapists themselves. While they have the benefit of the expert advice,
they are also bringing a complaint to a board of colleagues against another
colleague.
So, there have been concerns and I think those concerns were raised as well
when other colleges of professionals were established in the Province. So, I am
sure that will be an issue that will be dealt with. In the legislation it says
that there can be a tribunal appointed that would hold hearings and further
investigate these issues if the need arises. I guess that will allow the process
to have a little bit more of an independent solution to it, as opposed to just
dealing with the council themselves. The legislation does allow for a tribunal
to be appointed for an investigation to be conducted for further information to
be analyzed in the case of anyone who is coming forward.
MR. E. BYRNE: Independent and arms-length (inaudible).
MS JONES: Yes, independent and arms-length of the council, the Government
House Leader was just indicating. The only reason I say that is because in
establishing all of these colleges of professionals, whether it is for
pharmacists or physicians or occupational therapists or massage therapists or
dieticians or, in this case, physiotherapists, all of the initial councils have
been made up of professionals from within those respective fields. So,
therefore, in order to allow for the more independent process to occur, it gives
leave to have proper tribunals appointed and investigations completed.
Now, Mr. Speaker, I am not going to go on for a long time other than to say
that this particular legislation is not unlike other bills that we have already
passed in the House of Assembly. There have been issues raised and discussed
from Opposition and government, and I have no problem with this college being
established for physiotherapists. I think they are a very professional group of
people in our society who provide invaluable medical services to the people of
Newfoundland and Labrador. Unfortunately, I have had to access the service
myself on one or two occasions. Notwithstanding last spring when I had a
sprained ankle and had to come to the House of Assembly in a cast, but let me
just say, my physiotherapist played a tremendous role in my recovery and helped
me immensely in being able to deal with that sprain.
So, I know firsthand, having had the opportunity to access their services,
that they are very professional people and are definitely there to help, not
just in smaller instances like I have had but, certainly, in some very major
instances. I am sure that people who have become victims of occupational hazards
have found out more so than anyone. I would think that a large portion of the
people in our Province today who seek the services of physiotherapists are those
who have been injured in the workforce, on the job, and certainly need those
kinds of professional services to be able to help them rebuild themselves back
to gainful employment again.
I have no problem in supporting a college for physiotherapists and to say
that this is, indeed, a professional organization who have established
themselves in our Province, who meet all the professional standards, Mr.
Speaker, and are certainly a very credible organization that should be treated
in the same manner as all other professional groups within our medical field in
Newfoundland and Labrador.
MR. SPEAKER: Further debate?
The hon. the Member for Signal Hill-Quidi Vidi.
MR. HARRIS: Thank you, Mr. Speaker.
I would just like to say a few words at second reading on Bill 19,
An Act
Respecting The Practice Of Physiotherapy in the Province.
As with other health professions, Mr. Speaker, there is an ethical and
disciplinary procedure that is provided for in most legislation, some of them
like the physiotherapists. There has been legislation respecting
physiotherapists since at least 1970, perhaps long before, with a College of
Physiotherapists and some rules.
The current act replaces the existing legislation, Mr. Speaker, and does a
great deal to update the act and to provide for a greater definition of the kind
of things that might end up being before a disciplinary panel for violation of
the ethical practices and codes of conduct of people in a position of authority,
to some extent, as a health professional. There can be circumstances where a
persons behaviour is called into question as a result of their conduct with
patients or in terms of their dealings with patients with respect to financial
obligations, in the case of professionals like physiotherapists who may charge
for their services, and also certain other actions that may be considered to be
unprofessional conduct for physiotherapists.
I guess physiotherapists, like a lot of professions in the health area - the
nursing profession, physiotherapy, medical doctors, chiropractors - there is a
certain degree of intimacy with respect to the provision of these types of
health services. At certain times, of course, individuals can run afoul of the
type of professional behaviour expected with respect to dealing with patients,
or particularly dealing with minors or young people. There is a high standard of
behaviour expected of people in these professional positions and there needs to
be a procedure in place to protect members of the public and to discipline
professionals who act in a manner that is not appropriate to the profession.
You have to kind of watch some of these rules, though, Mr. Speaker. I notice
in the act there is a notion - in fact, in the previous act there were probably
only two or three things that were considered unprofessional. One was to act in
a manner unbecoming to a physiotherapist. Now, I am not sure what exactly that
means, Mr. Speaker. I remember, when I was at Memorial University some many
years ago, the University Discipline Code had a provision which said that you
could not act in a manner that was unbecoming a student of Memorial University.
We had a great bit of fun with that one, Mr. Speaker, because, if the University
decided to discipline somebody, there was really no definition of what was
unbecoming a student of Memorial University.
I remember the days of Lord Taylor, and a lot of student demonstrations and
activities. The fact that you were hauled before the discipline committee for
actions unbecoming to a student at Memorial University covered a pretty wide
swath, Mr. Speaker, so we have to be very careful as to what we would put in the
rules.
I do notice, Mr. Speaker, that in the Physiotherapy Act now before us there
is provision for the council of the College of Physiotherapists to make by-laws
that establish a code of ethics which would include a definition of professional
misconduct, and conduct unbecoming a physiotherapist, for the purposes of
sections 15 to 31, and standards governing the practice of physiotherapy,
including standards of professional competence and capacity and fitness to
practice, and also rules respecting methods or advertising.
Mr. Speaker, I think the expectation these days is that, if you are going to
have something as broad as conduct unbecoming a physiotherapist or professional
misconduct, you have to be a little bit more specific than that. Of course, the
code of ethics that comes under the by-law,
section 8 of this bill, would
provide for rules and
definitions, so you just cannot accuse somebody of conduct
unbecoming a professional without something more than that.
Obviously, there are standards of practice that are applied, and standards of
professional competence, so that if somebody is, for reasons of ill health or
whatever other reason, unable to conduct themselves as properly as a
physiotherapist - and this applies, obviously, to other professions - then it is
a procedure to ensure that person is not going to be carrying out the practice
of the profession and the licence can be challenged or removed for that purpose;
and, because it is a profession, professions are a little bit concerned about
how members advertise themselves to the public.
I know with the legal profession there was an absolute prohibition of
advertising at one time because lawyers were supposed to be up above these sort
of commercial, crass type of things. Now we can look at TV and you see the
Americans in particular advertising their services, and you see it, of course,
in St. John's and in Newfoundland and Labrador in the telephone books. People
are putting themselves forth as being experienced, and the people to go to if
you have problems, and we even hear it on the radio.
There are still standards of good taste and professional advertising being
considered, both in the legal profession and, of course, here in the
physiotherapy profession, so we do have this legislation here, Mr. Speaker, for
physiotherapists. We have already passed it for occupational therapists, for
optometrists, for chiropractors, for nurses in the Association of Registered
Nurses of Newfoundland and Labrador, and we do have a distinction made in a lot
of fields, such as the accountancy field, the legal field, and again with the
physiotherapists. They have a union. The Allied Health Professionals includes
physiotherapists. The Nurses' Union looks after the nurses' interests. The
Canadian Bar Association looks after the professional interests of an advocacy
on behalf of lawyers. Then there are these disciplinary bodies, or colleges in
some cases - here we are talking about the College of Physiotherapy, the Law
Society, the Institute of Chartered Accountants, the College of Physicians and
Surgeons as opposed to the Medical Association. So, we have two types of bodies,
an advocacy body for the professional interests of professionals and we also
then have the governing bodies which the self-governing professions are given
access to, whether it be engineers or physiotherapists or doctors.
SOME HON. MEMBERS: Oh, oh!
MR. SPEAKER: Order, please!
MR. HARRIS: As in all of the modern and more sophisticated acts in the
self-governing professions, not only are there members of the profession who sit
on the board on disciplinary panels but you also have members of the public.
In the case of physiotherapists, the
section that provides for that states
that there shall be seven members of the profession on the council governing the
college, the seven members elected from and by registered physiotherapists in
accordance with the by-laws, and two members appointed under another
section of
the act who are not registered as physiotherapists, and those two
non-physiotherapists who are members of the College of Physiotherapy council are
appointed by the minister - in this case, I believe - the Minister of Health and
Community Services.
So, we have a situation where, although they are self-governing professions,
there is an oversight by the general public to ensure that the broader
considerations of the public interests are also in play in determining how
complaints are handled and the procedures that are there.
As I say, this modernizes the existing act with respect to physiotherapy and
repeals that act, replaces it with this one which has all of the trappings of
the current sense of what the law should provide to ensure that a proper
procedure is in place, that physiotherapists have protection in terms of an
investigation and a procedure that is there that can be followed, an appeal
procedure as well as an investigation procedure, and a procedure to ensure that
complaints that are deemed not to be of any merit do not even get to the
tribunal stage.
This is a part of the new modern acts that we have passed in the previous
session with respect to other professions, and I am certainly in support of Bill
19 to do this for physiotherapists as well.
Thank you, Mr. Speaker.
MR. SPEAKER: Further debate at second reading?
If the hon. the Government House Leader speaks now he will close debate at
second reading.
I recognize the hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
I just want to thank the Member for Cartwright-L'Anse au Clair and the
Member for Signal Hill-Quidi Vidi for participating in the debate and supporting
the legislation.
It is as they said it to be, and as I introduced it to be, that this is a
piece of legislation that puts it in line, I guess, with this profession and how
it is regulated with all other professions in terms of how we passed legislation
back in the fall past dealing with that.
With that, Mr. Speaker, I want to move second reading.
MR. SPEAKER: Is it the pleasure of the House that Bill 19,
An Act
Respecting The Practice Of Physiotherapy, be now read a second time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act Respecting The Practice Of Physiotherapy. (Bill 19)
MR. SPEAKER: Bill 19 has now been read a second time.
When shall this bill be referred to a Committee of the Whole House?
MR. E. BYRNE: Later today, Mr. Speaker.
MR. SPEAKER: Later in the day.
On motion, a bill, "An Act Respecting The Practice Of
Physiotherapy," read a second time, ordered referred to a Committee of the
Whole House presently, by leave. (Bill 19)
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Order 12, second reading of a bill,
An Act Respecting The Convention On The
Settlement Of Investment Disputes Between States And Nationals Of Other States.
(Bill 12)
MR. SPEAKER: It is moved and seconded that Bill 12,
An Act Respecting The
Convention On The Settlement Of Investment Disputes Between States And Nationals
Of Other States, be read a second time.
Motion, second reading of a bill, "An Act Respecting The Convention On
The Settlement Of Investment Disputes Between States And Nationals Of Other
States." (Bill 12)
MR. SPEAKER: The hon. the Minister of Justice and Attorney General.
MR. T. MARSHALL: Mr. Speaker, I am pleased to rise today to speak to
second reading on Bill 12, which is entitled,
An Act Respecting The Convention
On The Settlement Of Investment Disputes Between States And Nationals Of Other
States.
The purpose of the bill is to institute in Canada the adoption of an
international Convention on the Settlement of Investment Disputes between States
and Nationals of Other States. As the explanatory note does indicate: The
international convention establishes a fair and impartial arbitration process to
quickly resolve investment disputes between contracting states and foreign
nationals who invest in those particular states.
In 1966, the World Bank, which is based in Washington, DC and is a vital
source of financial and technical assistance to reduce poverty and to improve
living standards in many developing countries, was instrumental in creating the
international Convention on the Settlement of Investment Disputes between States
and Nationals of Other States.
The convention provides a well-respected method to resolve disputes between
member countries who have ratified the convention and foreign investors who
invest in those counties. The convention has now been ratified by 143 counties
worldwide, and its use of fair, impartial, transparent and timely conciliation
and arbitration methods to resolve disputes has enhanced the appeal of investing
in those countries which have ratified the convention. The convention has proven
to be one of the great success stories in international law and it creates
certainty for international investment.
Mr. Speaker, despite the support for the convention throughout the world, its
ratification by all economically developed and developing countries and the
advantages that the convention would have in promoting and attracting
international investment, the country of Canada has not yet become a signatory
to the convention. To join the convention, Canada requires the support of the
provinces and the Territories to implement the convention in these
jurisdictions. Newfoundland and Labrador now stands ready to do its part.
Mr. Speaker, Canadian business strongly supports the convention, both in
terms of attracting business and investment to Canada, and in providing a fair
and impartial means to resolve disputes when Canadian business persons invest
abroad. The convention has received unqualified support of business, legal and
industry groups throughout the country, and provincial and territorial
government and have been urged to make ratification of the convention a
priority.
Mr. Speaker, the convention is clearly beneficial for Canada. There is no
outlay of public funds required to support the implementation of the convention.
An organization called the Uniform Law Conference of Canada, a very well
respected national legal policy organization, has prepared this draft
legislation that insists jurisdictions, such as Newfoundland and Labrador, in
implementation of convention.
To support the efforts of all of the groups and the sectors of Canadian
society who would benefit from Canada becoming the signatory to the convention,
I am pleased today to introduce the Settlement of International Disputes Act for
consideration by this House.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Opposition House Leader.
MR. PARSONS: Thank you, Mr. Speaker.
I appreciate an opportunity to have a few brief words with respect to Bill
12. I guess in our global economy of today, of course, we need lots of rules and
regulations. It is not easy when you try to take, not only ten provinces we have
ourselves and come up with an agreement that is workable as far as
interprovincial trade regulations, but it gets even more complicated when you
try to do it in a global atmosphere where you have hundreds of countries
involved and you have disputes, awards and arbitrations taking place, various
tribunals in each respective country and try to find a format whereby you know
once you have reached a resolution of the problem: How do you enforce your
judgement? What is the point if you take somebody to court and at the end of the
day there is nobody to say that your judgement is enforceable anywhere?
What is happening here is a process whereby if you have these arbitrations
and decisions that are being made in a country, you just do not reach the end of
the line and have nowhere to go once you have your decision. What you have in
this ability to do here, in this particular field of monetary awards and so on,
it is allowing to have a uniform process whereby everybody will work by the same
rules and there will be an enforceability element. It is the same under our
family law legislation, for example, where we have reciprocity agreements and
reciprocal enforcement of agreements when it comes to support orders in our own
country on a smaller scale. You can pretty well use it anywhere across the
country nowadays when it comes to collection purposes and so on and enforcement.
The only question I would have, and just to give the minister a heads up when
we get to - not that I want to get into this complicated detailed piece of
legislation here that involves numerous countries, but I am just a bit curious
as to clause 5 of Bill 12 when it says, "This Act binds the Crown, other
than a Crown corporation of the province." I am just a bit curious about
that statement. I have seen a lot of legislation over the years, and laws and so
on, but it just seems a bit unique that we are having a law here that would make
this law binding on the Crown, but in some way or other it says, "...other
than a Crown corporation of the province." I am just wondering, when we get
to that point in Committee stage, maybe if the minister can inform us a bit as
to the rationale of that. It seems unusual that you would agree that the Crown
itself could be bound but you don't agree - in fact you are saying here it
will not apply to a Crown agency. That seems to be very different. I am just
wondering if maybe we could have a comment later on in that regard.
Other than that, we certainly are in support of this Bill 12. We are just
looking for the clarification and explanation there. We will be voting in
support of it.
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
MR. HARRIS: Thank you, Mr. Speaker.
Looking at the legislation now before us, it seems to be a pretty specific
and particular type of legislation that allows for international arbitration of
disputes between a country, which they call contracting states, I believe - that
is the States and Nationals of other States who are members of this convention
who can consent to put matters to arbitration. This particular type of dispute
we are talking about is a dispute between a Country and a National of another
Country. I suppose, what it refers to is if the Government of Newfoundland or
individual in another country, this is a process for a resolution of disputes
that occur there if the parties give their consent, and once giving their
consent the consent cannot be taken away.
It certainly seems to me to be a step in international law that makes sense,
to advance some kind of international jurisdiction on an arbitration basis for
disputes of a commercial nature. I don't have any difficulty in supporting
this. I wonder if the minister can tell us what other jurisdictions within
Canada have yet passed this legislation. I gather from his comments that there
are a number of countries around the world who have signed on to this
convention. Presumably it now has the force of international law.
What I do note in the trend, Mr. Speaker, obviously we see - I am assuming
the United States has signed on to this agreement, being of a commercial nature.
They seem to be very willing to do that. Yet, Mr. Speaker, we do not see the
same kind of international co-operation from them on matters such as the
International Criminal Court which Canada has played a very significant role in,
particularly with Madam Justice Louise Arbour as a member of that court. They do
not seem to be willing to submit those kinds of disputes to international
tribunals, although they are quite happy to try and enforce commercial
obligations against other countries, and nationals of other countries, through
matters such as this.
I believe, and the minister can correct me if I am wrong, that this is a
provision or this is a convention that will allow investment dispute between,
say, the Province of Newfoundland and Labrador and some company in the United
Kingdom who has an agreement with respect to the Government of Newfoundland and
Labrador, and this would provide a means of dispute for that agreement if there
had not been any governing law provided for, and this provides a mechanism
whereby these disputes can go to arbitration by nationals of a contracting state
who wish to participate in this type of arbitration, conciliation proceedings.
What is interesting about it, the jurisdiction comes from the consent of the
individuals, but once that consent has been given it cannot be withdrawn. So,
once you put yourself before such a tribunal, all of the proceedings of this
convention apply and you can have recourse to this type of arbitration and
enforcement.
I would ask if the minister can explain
section 12. I am sure he has been
fully briefed on every
section of the act and perhaps can explain to us what the
provision of
section 12 refers to, or clause 12 of the bill on page 5, which
allows the Lieutenant-Governor or the Cabinet of Newfoundland and Labrador to
make regulations which, first of all, allow the Crown to enter into an agreement
recording the consent to arbitration.
Well, that speaks for itself but I find the second part there interesting.
The Lieutenant-Governor may make regulations exempting a person or class of
persons from the application of an enactment or a provision of it - it being, I
presume, the convention - on those conditions that may be specified in the
regulations in order to permit them to act in a professional capacity in an
arbitration or conciliation proceeding.
I am not really sure what that refers to. I guess it must be some provision
there in the agreement and the convention that restricts those who can appear
before these conciliation boards and presumably - and maybe the minister can
enlighten us - the Cabinet can exempt certain persons from that if it is
necessary or if they wish to have their own lawyers or their own counsel to go
and appear before such a tribunal or to appoint someone of their choosing to
make application to a tribunal or to serve their interests. It just seems to me
to be an unusual provision and I wonder; maybe the minister has more information
on that than I do.
Certainly, in principle I do not have any objection to this type of
international forum which provides for a resolution of investment disputes with
the consent of the contracting states and the nationals of other states. I do
not how often it will be used by this Province but if this is necessary for the
national convention to be adopted then I have no difficulty supporting the
legislation.
MR. SPEAKER: Further debate at second reading?
If the hon. the Minister of Justice and Attorney General speaks now he will
close debate at second reading.
The hon. the Minister of Justice and Attorney General.
MR. T. MARSHALL: Thank you, Mr. Speaker.
I appreciate the comments of hon. members opposite.
Mr. Speaker, the Uniform Law Conference of Canada has prepared this
particular act to assist the implementation in Canada of the ICSID Convention
and to enable our domestic courts in their respective jurisdictions to recognize
and to enforce awards rendered under the Convention. The federal Minister of
Justice at the time, Mr. Irwin Cotler, urges provincial and territorial
counterparts to adopt a ratification legislation in each jurisdiction by May of
this year so that there will uniform implementation of the ICSID Convention
throughout the country.
As to the questions raised by the hon. members opposite, I will discuss this
with my officials and get more information and bring it back during Committee.
Thank you, Mr. Speaker.
MR. SPEAKER: Is it the pleasure of the House that Bill 12,
An Act
Respecting The Convention On The Settlement Of Investment Disputes Between
States And Nationals Of Other States be now read a second time?
All those in favour, aye'.
SOME HON. MEMBERS: Aye.
MR. SPEAKER: All those against, nay'.
Carried.
CLERK: A bill,
An Act Respecting The Convention On The Settlement Of
Investment Disputes Between States And Nationals Of Other States. (Bill 12)
MR. SPEAKER: Bill 12 has now been read a second time.
When shall this bill be referred to a Committee of the Whole House?
MR. E. BYRNE: Later today, Mr. Speaker.
MR. SPEAKER: Later.
On motion, a bill, "An Act Respecting The Convention On The Settlement
Of Investment Disputes Between States And Nationals Of Other Sates," read a
second time, ordered referred to a Committee of the Whole House presently, by
leave. (Bill 12)
MR. SPEAKER: The hon. the Government House Leader.
MR. E. BYRNE: Thank you, Mr. Speaker.
Order 6, Bill 7,
An Act To Amend The Provincial Court Judges' Pension Plan
Act.
MR. SPEAKER: It is moved and seconded that Bill 7,
An Act To Amend The
Provincial Court Judges' Pension Plan Act, be now read a second time.
Motion, second reading of a bill, "An Act To Amend The Provincial Court
Judges' Pension Plan Act." (Bill 7)
MR. SPEAKER: The hon. the Minister of Finance and President of Treasury
Board.
SOME HON. MEMBERS: Hear, hear!
MR. SULLIVAN: Thank you, Mr. Speaker.
There are basically two things this is doing in the first clause of the bill.
It is allowing an amount to be put in to pay the current services determined by
the government's actuary, because under the Income Tax Act we would have to
comply. If you recall, we did the same thing in the House in the last session, I
believe, the last session, with the MHA Pension Plan. There is an amount that
would be - you have to comply with the act under the pension plan itself. That
has to comply. Any excess cost, then would be paid out of the Consolidated Fund
Services. That is just bringing that in line.
The second thing is, really, it probably should have gone in, in the
beginning. What happened when it was introduced, and that is why it is asked to
be retroactive to April 1, 2002, is, when the principal beneficiary - when a
judge passes away, is deceased, normally the principal beneficiary would receive
a per cent of that pension, as in most plans 60 per cent, but other plans have
one also. In the case that the beneficiary is somebody who is a child under the
age of eighteen, it would allow that proportion of the pension to go to that
dependent child, if the child is under eighteen, or if the child is at a
post-secondary, in school - I do not think it specifies post-secondary - if the
child is in school, at an educational institution, and they are under
twenty-five, they could get the benefit. Because someone could pass away without
a spouse, they have a child, the spouse could be deceased or, for whatever
reason, are no longer the spouse, and they have a dependent who is eighteen,
seventeen, or twenty-two, in school, would be left with no opportunity to be the
beneficiary of that up to a certain age.
That puts something in, a provision that is going to allow what is in other
particular plans. It was basically an oversight, I would assume, back in 2002. I
do not recall the specific bill at the time, but that is why it is retroactive
to that point, actually, to pick it up from the time that this pension plan came
into effect as it is with other plans.
That is basically all that is to this. I would say it is generally
housekeeping. I would regard it as housekeeping because it makes it on par with
other plans in that regard on the beneficiary. The dependent child can be a
legitimate beneficiary of that. There is no provision for that now. Of course,
we have to comply with the Income Tax Act. One of the reasons, I said here in
the House earlier, is that we have been telling Revenue Canada overall, even
with the MHA plan and others, that they would have to come on side with CRA
under the Income Tax Act. Therefore, you can only put into a plan the actuarial
amount to make that plan in compliance with the law. If any excess amount is to
be paid out, it would have to be paid out of a supplementary source of income,
which would be the CFS. Of course, with contributory earnings of 3.3 per cent
under the judges' pension plan, there would need to be contributory earnings
outside the confines of the Income Tax Act. Therefore, that addresses that.
With that, Mr. Speaker, that is all the comments I have at second reading. If
anybody has a comment or a question, I can certainly answer that in committee
stage or in my closing address. We might be able to move this housekeeping one
through very quickly.
Thank you.
MR. SPEAKER: The hon. the Member for Grand Falls-Buchans.
MS THISTLE: Thank you, Mr. Speaker.
I am pleased today to rise and respond to Bill 7,
An Act To Amend The
Provincial Court Judges' Pension Plan Act.
The Minister of Finance and President of Treasury Board is quite right in his
comments concerning this particular act. Many times when legislation is passed
it is considered to be right and proper and correct, but sometimes after
legislation actually goes into effect there might be a specific case that might
call into question the actual language that is written in the piece of
legislation - and I do know if this was the case in this particular act, but it
has been brought to the attention of the government that there was a couple of
areas there that needed to be amended.
As we all know, when it comes to who actually - considering remuneration for
the judges in our Province, there is a special tribunal that from time to time
reviews the remuneration and benefits for the judges in our Province. A
comparison is looked at for the remuneration paid right across our country and
benefits are examined from time to time to see if ours are in-line with benefits
paid in other provinces and jurisdictions. Then once the tribunal makes their
findings, well this report is then presented to government and presented to the
Department of Finance and Treasury Board which, in turn, goes to Cabinet for
approval. So it is not like we were standing here today and examining the judges'
pension and deciding and recommending what and if a certain judge should be
paid, whether it be a supreme court judge, which we have no jurisdiction over,
or a provincial judge. It is a tribunal that would give us its report and it is
then up to Cabinet whether or not they will go along with it, but this is not
really what we are discussing today.
We are discussing the fact that there is a flaw in clause 2 and 3 of the
bill. What that means is that in the case of the death of a judge - a judge,
like any of us, would designate a beneficiary, which would not necessarily be
the spouse of the employee or the judge, it may be the children. It does not
necessarily have to be the spouse. There was an error in the past legislation
which brought that to the attention of government. I think it is very important
that safeguards be put in place whereby if a judge actually happens to die while
in active service or even at a later date, the beneficiary, in this case, would
receive 60 per cent of the judge's pension. If the beneficiary is a child,
well then that amount would go to the children of the judge and also be
available to children of the judge until they reach the age of twenty-five and
they were actually attending a post-secondary education institution.
This is what this bill is all about. It would be very difficult not to go
along with it. I think it is pretty straightforward, from what I can see. I have
read through the bill, and from this side of the House of Assembly, I believe
that it is in order. I must say, I approve of what is being done here today.
Thank you, Mr. Speaker.
MR. SPEAKER: The hon. the Member for Signal Hill-Quidi Vidi.
MR. HARRIS: Thank you, Mr. Speaker.
I would just like to say a few words on Bill 7,
An Act To Amend The
Provincial Court Judges' Pension Plan.
As I understand it from the minister, Mr. Speaker, this is essentially a
housekeeping type of legislation. The attempt in clause1 is to comply with the
requirements of the Income Tax Act of Canada by ensuring that only those amounts
that are permitted under the Income Tax Act of Canada are actually paid into the
fund established under the Pensions Funding Act. So that is a separate fund. It
is only allowed to have a certain amount of money in it, or a certain amount of
percentage of salary in it. That sets up a separate act so that it brings the
legislation inline with the Income Tax Act of Canada. That is the provision that
is made retroactive to April 1, 2002, I believe, because of federal legislation
that requires adjustment