Newfoundland and Labrador Hansard — Statements by Ministers; Oral Questions — 10 June 1992 (41st General Assembly, 4th Session, Vol. XLI No. 54)

1992-06-10

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Statements by Ministers; Oral Questions — 10 June 1992 (41st General Assembly, 4th Session, Vol. XLI No. 54)

1992-06-10

Newfoundland and Labrador — Debates (Hansard)

June 10,

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLI No. 54

The House met at 2:00 p.m.

MR. SPEAKER (Lush): Order, please!

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Forestry and

Agriculture.

MR. FLIGHT: Mr. Speaker, I would like to advise this hon.

House that the Department of Forestry and Agriculture will be carrying out a

small insect control program against the spruce budworm in 1992.

The proposed program consists of treating approximately

10,000 hectares of balsam fir and spruce with two applications of Bt, a

biological insecticide specific for three defoliating insects such as the

budworm and the hemlock looper.

The main treatment blocks are located near Codroy Pond and in

the silviculture stands in southwestern Newfoundland. The Bt will be applied

using single-engine spray aircraft working from Stephenville Airport. In

addition, approximately 300 hectares of silviculture areas on the Avalon will be

treated using a helicopter.

The program is expected to commence approximately mid-June

and continue up to mid-July, depending on weather conditions and insect

development.

The last spruce budworm spray program was conducted in 1985.

There was no insect control program carried out in 1991 as there was no need for

one. However, we carried out various surveys to determine the extent of insect

population and concluded that a spray program was not necessary.

As in previous years, the program will be carried out under

licence from the Department of Environment and Lands and according to various

guidelines for the use of aerially sprayed pesticides.

Mr. Speaker, attached to the statement is information of a

technical nature for the media and phone numbers that the general public can

call with regards to questions regarding the spray program.

Thank you.

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

MR. R. AYLWARD: Thank you very much, Mr. Speaker.

I thank the minister for providing me with a copy of his

ministerial statement, and I want to thank the Member for Humber Valley for

flushing the minister out yesterday when he asked the question on the spray

programs.

SOME HON. MEMBERS: Hear, hear!

MR. R. AYLWARD: I do not know the purpose of this

statement today. The minister announced this yesterday when asked the question

by the Member for Humber Valley, that we would have a 10,000 hectare spray

program in the Codroy Valley area.

I congratulate the minister for having the program - for

having his spray program. We know our forests are becoming infested again with

the spruce budworm. Scientists from Forestry Canada have told the minister and

his department that there is about to be an outbreak of spruce budworm again in

the Province, and we should be spraying to try to alleviate this problem.

Last year when the minister announced the program that he had

- or he did not have, I do not think, last year - we asked him for some of the

copies of the recommendations from the federal scientists and from his own

staff. We never did get them. We asked again yesterday what recommendations were

made by the federal people and his own staff. The minister keeps telling us that

he will provide them, but it is worthwhile to note that he never does provide

any of these recommendations that are made by the scientists.

We know that the minister himself is completely opposed to

chemical sprays. I guess that is certainly his own opinion. This government is

opposed to chemical sprays. That is their policy; but I would like to see what

the federal scientists recommend before I could agree or disagree with their

policy.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Before calling Oral Questions, I would like

to welcome two or three groups of students who are in the public galleries

today.

First, I would like to welcome thirty-four students from

Bayview Heights Academy School, Gambo, from the great and historic district of

Bonavista North. They are accompanied by their teachers, Mr. Green, Mr. Collins,

and chaperons, Mr. Baxter Collins and Jody Beckett.

We would also like to welcome twenty-four students from St.

Pius X Junior High School here in St. John's. They are accompanied by their

teacher, Mr. Gary Rumbolt.

Lastly, we would like to welcome eighteen Grade VI students

from the Pentecostal Elementary School, Bishop's Falls, in the district of

Exploits. They are accompanied by their teachers, Mr. Albert Hodder, Mr. Cecil

White, and Mrs. Melvina White.

SOME HON. MEMBERS: Hear, hear!

Oral Questions

MR. SPEAKER: The hon. the Member for St. Mary's - The

Capes.

MR. HEARN: Mr. Speaker, my question is to the Minister of

Municipal and Provincial Affairs.

Would the minister confirm that over the last couple of days,

a number of councils have received letters from the minister's department

advising them that the municipal operating grants have been reduced severely?

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

Provincial Affairs.

MR. HOGAN: I would suggest, Mr. Speaker, that some

councils have received notification that they are reduced and some have received

notification that they are increased.

MR. SPEAKER: The hon. the Member for St. Mary's - The

Capes.

MR. HEARN: Mr. Speaker, the minister is well aware that

these councils have submitted and have had their budgets approved quite some

time ago. I wonder if the minister will tell us now, how he expects councils,

who have been cut severely, to live within their budgets?

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

Provincial Affairs.

MR. HOGAN: Looking at some of the cuts which, fortunately

or unfortunately, are in one of the more resourceful centres, they will balance

budgets with a great deal of difficulty, but the councils in question have been

invited to consult with us both at the regional and at the provincial level, so

that if it is insurmountable in dealing with deficits or anticipated deficits

that we can work something out and be of some assistance to them, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. Mary's - Capes.

MR. HEARN: Mr. Speaker, I ask the minister, in light of

the fact that communities such as Renews and Fermeuse, Witless Bay and Bay Bulls

have had severe cuts, what does the minister suggest to them? Does he suggest

that they cut the already meagre services, does he suggest that they lay off

people, or does he suggest that in order for them to balance their budgets, some

of them would have to increase the personal tax by anywhere from $30 to $70 per

taxpayer?

Small councils have been cut up to $23,000, so does the

minister suggest that they reduce services, lay off staff or, raise taxes in an

area already devastated by the fishery and other events?

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

Provincial Affairs.

MR. HOGAN: The minister, Mr. Speaker, suggests none of

the above. Come see us and see what we can work out.

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

MR. A. SNOW: Mr. Speaker, my question is to the Minister

responsible for Mines and Energy. Talks between Quebec Hydro and Newfoundland

and Labrador Hydro were suspended or broken off on March 3. Prior to that, my

understanding is that negotiations teams met at least every month. I wonder if

the minister could tell us whether or not talks have resumed and what was the

date of the most recent meeting.

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: Mr. Speaker, the talks were not broken off

or suspended on March 3. That was the date of the last meeting, and there will

be future meetings when the parties are ready to meet.

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

AN HON. MEMBER: Come clean with it. 'Rex'.

MR. A. SNOW: I wonder if the minister would update us a

little more, be a little more forthright and give a bit more information to the

people of this Province. Have any other meetings been rescheduled?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: Mr. Speaker, no meetings have been

rescheduled at any time.

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

MR. A. SNOW: Mr. Speaker, why doesn't the minister - I

was about to use the phrase 'coming clean', but. of course, that would be used

much to much with this particular administration. But why doesn't the minister

be more honest and open with the people of this Province and tell the people of

this Province exactly what the status of these negotiations that he suggested

aren't broken off and aren't suspended. They are in limbo, I suppose, are they,

Mr. Speaker? Why doesn't the minister simply acknowledge the fact and tell us

why these negotiations have failed?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: Mr. Speaker, as far as I am concerned, the

meetings are ongoing. There is just a little bit of extra time between this last

meeting and the next one, and there is no change.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker. I have a

question to the same minister. As the minister knows, there is growing concern

out and about the Province about the fate of the Come-By-Chance Oil Refinery.

Many people are expecting that within a few days there will be hundreds of

people put out of work once again.

I know the minister has sort of, over the last few days,

indicated he didn't want to talk about it too much. People are, indeed, worried,

particularly those who are employed. Can the minister inform the House or say

anything that would put their minds at ease on this particular matter?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: Mr. Speaker, I am hoping there will be no

reason for Come by Chance refinery to close down. Come by Chance refinery is

continuing to operate right now, and we are going to have meetings in the near

future to have discussions on some things that we want to talk about with the

principals involved.

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

MR. MATTHEWS: Thank you, Mr. Speaker. We have known for

some months that there were problems being experienced with the refinery. Let me

ask the minister: Has his department or government been doing anything over the

past number of months to try to keep the refinery operating? It is the only one

in the Province. There is no competition with existing companies. Has the

provincial government been asked for help or have they offered any help?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: Mr. Speaker, I have not been asked for help

and we haven't had to do anything over the last many months to help the refinery

continue to operate.

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

MR. MATTHEWS: The minister is being evasive again, Mr.

Speaker. I don't know why he is trying to keep information from the people of

the Province, as he is doing with the Churchill Falls negotiations and now with

Come by Chance. He is trying to be very silent as if there are no problems.

Let me ask the minister this: Should the current operators of

the refinery pull out or withdraw, does he, as minister, have a strategy in

place to find a new operator for the refinery, and will he make his best efforts

to keep this industry operating in this Province? There aren't too many

industries left in the Province, I say to the minister, since this government

took office three years ago. Will they make every effort to keep this one

operating?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: Mr. Speaker, I have received no indications

that the present operators are considering pulling out or leaving and I don't

want to speculate on anything related to it.

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

MR. MATTHEWS: A final supplementary to the minister, Mr.

Speaker. I would like to refer the minister to Hansard of May 4. The question

was put to the minister by the Member for Green Bay, when he talked about

Cumberland Farms. The minister then said he understood Cumberland Farms

Incorporated had not gone into receivership, and so on. "They expect to be

re-organizing their debts and hope to pay off creditors in the next three

months." He said at that time: "I have learned from a representative of the

company that there is no immediate effect on Come by Chance." Does the minister

still stand by that statement today?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

DR. GIBBONS: It is my understanding, Mr. Speaker, that

there is no direct ownership position between Cumberland Farms and the refinery.

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

MR. WARREN: Thank you very much, Mr. Speaker.

My question is to the Government House Leader. In the last

few days, the Newfoundland Medical Association have come out against the

proposed incinerator in Long Harbour. Yesterday, the Nurses' Association did

likewise. Mr. Speaker, Newfoundlanders and Labradorians throughout this Province

are against this proposal in Long Harbour. Now, would the minister confirm to

this House that the government is also against the proposed waste incinerator in

Long Harbour?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, there is no proposal registered

with this government. There is no request to this government in terms of any

such incinerator, any such proposal. I understand from the press and members

opposite that there may, at some point in time, be a proposal submitted to this

government. If so, then it will undergo the normal, rigorous environmental

assessment process.

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

on a supplementary.

MR. WARREN: Thank you, Mr. Speaker.

Would the minister do the right thing and advise the company,

the proponents of this particular waste disposal incinerator for Long Harbour,

that it is no good for them to ask for an EIS on this particular project,

because the people of Newfoundland and Labrador are completely against it?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker -

SOME HON. MEMBERS: Oh, oh!

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

The question was raised by the hon. the Member for Torngat

Mountains to the President of Treasury Board, whom I have recognized.

MR. BAKER: Mr. Speaker, some time ago, the Environmental

Assessment Act was introduced into this House. The purpose of introducing that

act - and it is a good act - was to avoid any sudden decision-making, number

one, number two, to make sure that decisions were made on a sound basis and,

number three, to ensure that what is done in this Province would not be harmful

to the environment. So that act was introduced. Government is bound by that act,

Mr. Speaker.

Now then, we are doing the right thing within the intent of

the act and direction of the act, that when a proposal is made to us, we put it

through that process to have a complete environmental examination done. We owe

that to the people of the Province, Mr. Speaker.

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

on a supplementary.

MR. WARREN: Thank you very much, Mr. Speaker.

I say to the minister, that government was bound by the

Collective Agreement Act, also, which they changed.

Mr. Speaker, my next question to the minister is: Would the

minister confirm - Mr. Speaker, a few days ago, I asked the Minister of

Environment and Lands if she would lay on the table of this House the agreement

that was signed between the government and Albright and Wilson with respect to

the clean-up. The minister, at that time said she would not mind talking about

some details of it but she would not let the public see the document. I would

like to ask the minister now if Cabinet has in the last three months made some

changes to the document that was signed with Albright and Wilson and which has

now caused Albright and Wilson not to be particularly concerned about the

clean-up?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, this is absolutely amazing.

Members opposite sat there for seventeen years while phosphorus was polluting

the whole area and said nothing and did nothing and now they ask a question

which speculates on Cabinet making behind the scenes changes to some agreement.

No such thing has ever happened and no such thing will happen. The hon. member

is simply into a little bit of fearmongering and trying to build up a little bit

of controversy about something that he has no indication has ever happened, has

never happened, and nobody in this Province believes happened. He is simply

pulling it out of thin air and trying to get a little bit of attention for

himself. It probably works.

MR. SPEAKER: The hon. the Member for Harbour Main.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

If hon. members would like for Question Period to continue in

its normal fashion I will allow them to do it.

I recognize the hon. the Member for Harbour Main.

MR. DOYLE: Thank you, Mr. Speaker.

I have a question for the Minister of Health. The most common

injury that people experience and the most common cause of lost time in the

workplace is back injury as the minister is aware. Now, in many cases the only

way that these injuries can be properly diagnosed is through the use of

myelogram X rays and these X rays are done at two hospitals. Now, currently

there are long lineups and long waiting periods for that service as well. Is

government aware of these long lineups and these long waiting periods? And what

is the minister prepared to do about it?

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

MR. DECKER: Mr. Speaker, there are many varied reasons

why people do not have their back injury attended to. One of them is the

shortage of specialists in certain specific areas and another suggestion which I

thought the hon. member might have been coming with was the role of the

chiropractor in this. There are a whole lot of areas and it would be unfair to

take one and say, this is the problem here, you solve that and you solve the

whole problem. I do not have in my head just how long a waiting list there is.

Maybe the hon. member does have that but I am not sure of any major problem in

any one area. There is a general problem, Mr. Speaker, in the whole area and you

just cannot sort out one specific incident.

MR. SPEAKER: The hon. the Member for Harbour Main on a

supplementary.

MR. DOYLE: This is not only a matter of prolonged

discomfort and pain to those people who have to wait but it also incurs

considerable cost to the economy as well, I say to the minister.

If it is not diagnosed and treated on a timely basis it can

be of considerable cost to the economy. Is this not a situation, I ask the

Minister of Health, where not spending a few extra dollars on the health care

system is costing far more to the economy through lost work time and through the

fact that we have to pay workers' compensation benefits?

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

MR. DECKER: Mr. Speaker, if it were only that simple it

would have been solved three years ago. Notice I did not say three and a half

years ago, Mr. Speaker, I said it would have been solved three years ago. It is

a complex issue which the department and Workers' Compensation is dealing with.

The fact that the previous administration practically -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I remind hon. members to my left that I find a lot of loud

talking and I find it difficult to concentrate on either the questions or the

answers so I ask hon. members to please co-operate.

The hon. the Minister of Health.

MR. DECKER: Mr. Speaker, as I pointed out it is a complex

issue and there are many components to it which the Department of Health and

Workers' Compensation are trying to deal with. I should say it is unfortunate

that the previous administration did not take this a little more seriously and

had not driven Workers' Compensation into debt of $164 million. That is going to

have a far greater impact on people's backs and people's arms, and people's legs

in this Province than anything to do with myelograms.

MR. SPEAKER: The hon. the Member for Harbour Main.

MR. DOYLE: Let me say to the Minister of Health, no

matter what the situation, people in this Province are facing long delays, long

lineups, long waiting periods in virtually every sector of our health care

system in Newfoundland and Labrador. The reason purely and simply, from what I

have been able to learn and what people are saying, is that the minister and the

government is deliberately downgrading the health care system in this Province

for the sake of the bottom line which is money. Now is the bottom line on the

governments budget of far greater concern to the Minister of Health than the

pain, the anguish, the suffering and the torment that people have to experience,

the thousands of Newfoundlanders who are victims of this health care system, who

have to wait in long lineups in this Province?

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

MR. DECKER: Mr. Speaker, the hon. member is obviously

caught in a time warp. He is talking about the things that used to be. When we

took over this health care system, Mr. Speaker, it was in a total mess. It was

in a total mess, Mr. Speaker. There were duplications, there was chaos, there

were leaky roofs, there were blown out windows, there were doors that wouldn't

lock, Mr. Speaker, there were beds that weren't staffed, and I could go on and

on forever. One of the first things we undertook to do was re-organize the

health care system.

Now, Mr. Speaker, it took seventeen years for us to inherit

the mess that we inherited. We can't solve it all overnight. But the people of

this Province can be assured that this government is doing its utmost to try to

deal with some of the problems that we inherited in the health care system, as

in the education system, as in every other system that we inherited from the

previous administration.

SOME HON. MEMBERS: Hear, hear!

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

MR. WINSOR: Thank you, Mr. Speaker. My question is to the

Minister of Education. The minister is aware that again this week the university

announced tuition hikes for Memorial University. 1988-89, the last year of the

former administration, one full year of tuition, two semesters, cost $1,164.

Today, 1992-93 that same full-time two semesters will cost $1,700, a 46 per cent

increase in tuition since 1989.

Mr. Speaker, I ask the minister, is it his plan to shift the

full cost of post-secondary education to students of this Province?

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

DR. WARREN: Mr. Speaker, I genuinely thank the member for

asking that question because I have been waiting for it for the past few days. I

thought they would find out last week that memorial announced an increase in

fees.

Mr. Speaker, memorial did announce an increase in fees. Fees

are going up all across this country. But this year, with the possible exception

of Quebec, fees at Memorial University are the lowest in this country, Mr.

Speaker. They are the lowest in Canada. I can quote you statistics about even in

Atlantic Canada. At smaller universities like St. Mary's University, the fees

were $2,150 last year compared to $1,544 in Newfoundland and Labrador. All over

the country, with the possible exception of Quebec, the fees at Memorial

University are the lowest in the country, Mr. Speaker. In Quebec I would think -

AN HON. MEMBER: (Inaudible).

DR. WARREN: Mr. Speaker, do they want to hear the answer,

or they want to -

AN HON. MEMBER: (Inaudible).

DR. WARREN: Do you want to hear the truth?

MR. SPEAKER: Order, please!

AN HON. MEMBER: You are afraid of the true.

AN HON. MEMBER: (Inaudible).

DR. WARREN: Mr. Speaker, within a year we will be the

lowest in this country because Quebec is going up 20 to 25 per cent a year. They

had a freeze. That is the first point, Mr. Speaker.

The second point I want to make is that the government of

this Province gives more to Memorial University for operating grants per student

than any province in Canada.

SOME HON. MEMBERS: Hear, hear!

DR. WARREN: In 1990-91, Mr. Speaker, we gave, the

Province of Newfoundland and Labrador gave Memorial University $8,545 per

student, the next was $8,000 in Quebec, and in Nova Scotia, our sister province,

Mr. Speaker, in the Atlantic region, they gave the universities there $6,217 per

student per year for operating grants. We continue to fund post-secondary

education. We lead the country in our grants to the university.

The third thing, Mr. Speaker, why doesn't he go to Ottawa and

call on his friends, his pals and his colleagues in Ottawa to increase the

student loan program like we did in this Province instead of getting up here,

Mr. Speaker, and trying to make political points. Go to Ottawa and get them to

increase the student loans.

SOME HON. MEMBERS: Hear, hear!

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

MR. WINSOR: Thank you, Mr. Speaker.

Doesn't the minister also realize that the wages in this

Province are the lowest in the country and so we should have the lowest

tuitions.

SOME HON. MEMBERS: Hear, hear!

MR. WINSOR: Mr. Speaker, shameful of the minister!

Doesn't the minister know that 70 per cent of the students in

this Province finance their education through student loans, and prospects for

the summer -

MR. DUMARESQUE: (Inaudible) and zero increase in eight

years.

MR. SPEAKER: Order, please!

MR. WINSOR: - and prospects for the summer for student

employment - Mr. Speaker, if the Member for Eagle River could restrain himself I

will get on with the question.

MR. MATTHEWS: He is too immature, too childish, as the

Premier said about him.

MR. WINSOR: Mr. Speaker, prospects for the summer for

student employment in this Province are nil. Mr. Speaker, I ask the minister

this question:

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I want to remind hon. members from both sides of the House

that it is totally outside of the rules of the House, not within any Standing

Orders that I know of, for a member to be constantly interrupting another member

while that member is: One, answering a question; or, two, asking a question. I

ask hon. members, please, to follow these rules.

If an hon. member were to stretch that and to imagine that

what that member is doing were being done by twenty-five or thirty other

members, that would be quite a situation in this House.

I ask the hon. member, please, to finish his question.

The hon. the Member for Fogo.

MR. WINSOR: Thank you, Mr. Speaker.

Bearing in mind that the students of this Province have to

depend on student loans and their inability right now to find jobs, is it now

the policy of this administration to limit university education to students who

can afford to pay the bill? Is that the equality that the minister talks about?

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

DR. WARREN: Mr. Speaker, Memorial University has the

right to increase fees. It did this year. I think on an average they are

collecting about 8 to 10 per cent more, totally on fees, than they did last

year. That is the first point, Mr. Speaker. In some cases I think they are doing

it under a restructured plan where the increase, if you are doing three or four

courses is, perhaps, only 3 or 4 per cent. They have done it under a

restructured plan.

Secondly, Mr. Speaker - I think I would congratulate the

university on another initiative it took this year - it put $500,000, I have

been informed, into a fund for needy students. Mr. Speaker, I may be criticized

for saying this but I believe people who can afford to pay for post-secondary

education in this country, should pay a higher percentage of the cost. Mr.

Speaker, those who cannot afford it should get more help. Memorial University

this year is putting $500,000 into an assistanceship program to help needy

students.

In this Province, Mr. Speaker, I can assure the people that

we believe that post-secondary education is important. Right now the students in

Newfoundland and Labrador pay about 15 per cent of the cost of university

education. There are other provinces moving towards 25 per cent. We are going to

continue high priority for post-secondary so that our students won't have to pay

25 per cent, and we are going to continue to reform the Student Aid Program to

ensure that those who need extra help will get it. We are committed to equality

in this Province. We have demonstrated our commitment by reforming the Student

Loan Program and I urge the federal government, for the first time since 1984,

to change their student aid program and to provide more help to the students in

this Province who need it.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. WINSOR: Mr. Speaker, let me ask the minister: Is the

minister aware that 70 per cent of the students of this Province have to rely on

student loans? We are not talking about students who can afford to pay. We are

talking about students who do not have the ability to pay. So we are not worried

about the other 30 per cent, Mr. Speaker. The question I am asking the minister

is: How is he proposing to help the 70 per cent of students who will now have

exorbitant tuition increases this year?

AN HON. MEMBER: Tell Crosbie to take back the $1 million

from the incinerator.

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

DR. WARREN: Mr. Speaker, I wish the member would ask his

friend, who was the Minister of Education, what the Canada Student Loan Program

is? It is a Canada Student Loan Program. We, Mr. Speaker, in our first year in

power, reformed our components of the Student Aid Program. We increased the

scholarships, tripled them. They were here for seventeen years and I don't think

they increased the scholarships once, not one five cents.

SOME HON. MEMBERS: Hear, hear!

DR. WARREN: We put more money into scholarships, we

reformed the Student Aid Program, our component. I urge the hon. member to call

his friends in Ottawa and ask them to do the same thing we did in this province,

to change the Canada Student Loan Program to provide more money for students who

are needy in this Province, Mr. Speaker. Please call your member. I called the

minister, you call the member this afternoon, the representative in the federal

Cabinet and urge him to get his colleagues to change the student loan program,

Mr. Speaker.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker.

Mr. Speaker, that is the only thing that that side has left

now to ask John Crosbie to take over, the university, I say to the minister. He

is responsible for everything else in this Province, what is the minister

responsible for if he is not responsible for the university and education in

this Province? If he is not, he should resign and save the taxpayers his salary

and other things he is getting.

I have a question, Mr. Speaker, for the Government House

Leader -

MR. WALSH: (Inaudible) the $1 million for the

incinerator.

MR. TOBIN: Why don't you jump into the incinerator!

MR. MATTHEWS: Mr. Speaker, could you ask the windbag, for

Mount Scio - Bell Island, to be quiet please? The windbag?

MR. SPEAKER: Order, please!

I remind the hon. member that it is not parliamentary to call

somebody a windbag, but I shall also follow his instructions to ask the hon.

member to please follow the rules of the House.

The Opposition House Leader.

MR. MATTHEWS: Thank you very much, Mr. Speaker.

I apologize for calling the hon. member a windbag, Mr.

Speaker. I apologize for that. Mr. Speaker, a week or so ago when I raised the

issue of the Roddickton crab plant and the suspicious conditions surrounding

that of the fire, of the lease, of the endorsed cheques without the authority of

the council and so on, the Premier on one occasion rose in the Legislature and

said that he was a bit concerned about the things that I had said, and that he

was going to refer the matter to the Superintendent of the R.C.M.P. After that

exchange, the people of Roddickton wrote the Premier asking for an inquiry into

that full situation of the Roddickton crab plant and all the surrounding

problems.

I would like to ask the President of Treasury Board, the

Government House Leader, did the Premier turn the matter over to the

Superintendent of the R.C.M.P., and is government looking at a full-scale

inquiry into that matter?

MR. SPEAKER: The hon. the President of Council.

MR. BAKER: Thank you, Mr. Speaker.

I am not sure of the answer to that question. I will try to

find out as quickly as possible.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West.

MR. TOBIN: Mr. Speaker, I have a question for the

Minister of Education as well, and I hope that the Minister of Education will be

honest in his response. It is rather frustrating when you know there is a good

chance he will not tell you the truth.

But in any case when the Minister talks about the

consultants, the two independent consultants to whom he referred, but we flushed

them out, that they are employees of his department, who did a study on the

students assistants needs in this Province, let me ask the minister this: What

was the mandate given to the employees of your department to do the study for

you? With the cap on expenditures in the budget with your department will the

minister admit, that it was not a needs study that was done, but indeed a

re-allocation study?

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

DR. WARREN: Mr. Speaker, last Friday in this House, I

explained that the two consultants were consultants from the Department of

Education. I said it again earlier in the week, Mr. Speaker, there were two

consultants from the Department of Education.

He may be surprised to hear this but the guidelines that we

gave the two consultants, Mr. Speaker, were the guidelines developed by the

Department of Education in 1987. Do they remember 1987? Who was the minister?

The guidelines that we gave the department to examine, to go out and to study

student assistants, were guidelines developed in 1987 and the hon. minister-

SOME HON. MEMBERS: Hear, hear!

DR. WARREN: Maybe, Mr. Speaker, the Member for St. Mary's

- The Capes, can get up - I have a copy of the guidelines here, maybe he can

describe the ones used, Mr. Speaker.

MR. SPEAKER: Question Period has expired.

MR. TOBIN: On a point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West, on a point of order.

MR. TOBIN: Mr. Speaker, I find it almost a daily

occurrence when you have to rise in this House and correct the information given

by the Minister of Education. The fact of the matter is, and it should not be

allowed to stand, what the minister just said. The point of order that I want to

make is I want the record to show that in 1987 it was the Department of Social

Services that was responsible for student assistants in this Province, and not

the Department of Education.

MR. SPEAKER: Order, please!

No point of order. The hon. member took a -

SOME HON. MEMBERS: (Inaudible)!

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

I want to remind hon. members that one of the cardinal

principles of any House is that everybody speaking tells the truth. That is one

of the fundamental principles of all hon. members. Hon. members should not be

making that accusation continuously, that somebody is not telling the truth.

Because hon. members are under obligation to believe hon. members, when a member

speaks, that he is supposed to be speaking the truth. If an hon. member can

prove that it is otherwise it is very serious.

SOME HON. MEMBERS: (Inaudible)!

MR. SPEAKER: Order, please!

I would ask hon. members please to remain in their places

while I am going down through the routine order. It makes it very difficult. I

do not know who is standing. I do not know if hon. members are standing to do

something. If hon. members would please cooperate....

Petitions

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

MR. A. SNOW: Thank you, Mr. Speaker. I rise today to

present on behalf of 3,676 residents of Labrador City and Wabush -

AN HON. MEMBER: How many?

MR. A. SNOW: Three thousand six hundred and seventy-six

residents of Labrador City and Wabush, the district of Menihek, Mr. Speaker,

this is the prayer of the petition:

"We, the residents of Labrador West, believe in the right of

students with mental handicaps to be fully integrated into the regular

classrooms of our school systems. To continue to do this, as we have for the

past 12 years, we must maintain the student assistants positions that enable

these students to grow and learn beside their peers. We call upon Dr. Phil

Warren and the Department of Education to maintain the same level of funding

that is already established in this area, so that our students can continue to

have a quality education" in our Province, in our area.

Mr. Speaker, the people of western Labrador -

MR. SPEAKER: Order, please!

The Chair is very concerned. I can only bring it to hon.

members' attention. The job of the Chair is to ensure that the Standing Orders

of the House are followed. I hear the hon. members petition. To me, it does not

sound like it is in the right form. Hon. members are either going to have to

suggest that they do not want petitions in the right form - but the Chair has to

remind hon. members. Because petitions are very important. They are supposed to

be -

AN HON. MEMBER: (Inaudible)!

MR. SPEAKER: I would remind the hon. Member for Burin -

Placentia West, please, to show courtesy to the Chair as well. When the Chair is

standing, nobody is supposed to make any comment. It is a very important matter.

It is a tradition of Parliament that petitions must have a prayer, and they are

supposed to be presented to the House, and not to a department and not to a

particular member. That is for a very specific reason. Because a petition is

supposed to have a prayer, and is not meant to be debated.

The Chair just presents it to hon. members because I have

noticed in the last little while that seldom do we have a petition that meets

the requirements of the House. But if hon. members want that, that is fine by

the Chair.

The hon. the Member for Menihek.

MR. A. SNOW: I request leave to present this petition on

behalf of the 3,676 residents of western Labrador.

Do I have leave?

SOME HON. MEMBERS: (Inaudible)!

MR. A. SNOW: It is the same petition, different names, of

what I presented last week, earlier this week.

SOME HON. MEMBERS: (Inaudible).

MR. HEARN: Point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. Mary's - The

Capes on a point of order.

MR. HEARN: Mr. Speaker, a couple of weeks ago in this

House we had a discussion on this very topic, about presenting petitions. I

think it was made quite clear and accepted by the whole House at the time, that

most people who are sending petitions in to us have no understanding whatsoever

of the need for a special or specific prayer.

These people send in a petition asking the members, all of

us, to present to the House their request. How they list that request is in

varied ways.

At the time we had a thorough discussion. I think members

generally agreed that if petitions came in with the right intentions, that

generally we would accept the petitions. I think consequently it would be only

fair that leave be given, as we have done in the past for every petition, even

though some of them had perhaps no semblance at all to anything even in relation

to the House.

MR. SPEAKER: I just again want to quote to hon. members -

and the Chair has to ensure that the rules are followed - that there is an onus

on members. We realize that the population does not know, but members have to

instruct them.

When a petition comes that is not in the right form,

Beauchesne states very clearly that it should be sent back, and with the right

wording. The Chair is only doing it so that there is no precedence, as long as

hon. members agree, but the Chair's responsibility is one it recognizes. Because

we do it today does not mean that it is going to be for all time. The Chair has

to do it every time that it recognizes that a petition is not in the right form.

I should say, the responsibility is with the member to say

each time, when a petition is not in the right form, to tell the House before he

starts speaking to the petition, and ask for the permission of the House to

present the petition.

That is the correct procedure. I tell hon. members that if it

is not done, the House is just going to deteriorate and it is not going to at

all be what a House of Parliament should be.

The hon. the President of Treasury Board.

MR. BAKER: Just a brief point of order, Mr. Speaker.

First of all, it is obvious that your ruling is absolutely

correct; but I wonder if we could agree that the hon. member's time did not

start when he started his presentation, and that we could start the time over

again to give him the five minutes?

MR. SPEAKER: Before recognizing the hon. member again,

the House just wants to make it clear to hon. members where it stands with those

matters, and hon. members would find, if next year one of them is in a position

of Speaker, he would be sorry that I did not speak to the procedure.

The hon. the Member for Menihek.

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

I am pleased to speak on behalf of the 3,600 people - almost

3,700 people - who have signed this petition as residents of Western Labrador,

to pressure this government, point out to this government, the inequality that

is occurring in western Labrador.

The residents of western Labrador, led by educators in

western Labrador, and parents of handicapped children, established an

integration of children in our educational system in Labrador West that has been

the envy of the country - not just this Province, but the envy of this country.

The educators were recognized by winning national awards.

They were recognized by winning provincial awards. The parents have been

recognized, who were the prime movers in establishing this program in western

Labrador, but yet they were also followed by the residents who supported it

financially and morally in western Labrador, because the people of western

Labrador paid for the increased cost of integration of these children in the

educational system. They paid, Mr. Speaker.

Hundreds of people have come up to me from western Labrador,

when I was back this weekend, talking to me about this. Children who are being

affected, parents of the children who have been affected, teachers, student

assistants, who have been affected. Most of the student assistants who spoke to

me about it did not even express the thought of losing their job. They expressed

their disfavour with the idea that the children were going to be losing

something with which they had become accustomed - that is an access to

education.

They were terribly disappointed in the Minister of Education,

from whom they had expected so much. They had expected so much from him because

he had promised equality to them. They found that this year his department

proposed a 75 per cent cut to the student assistants in the Integrated Board,

and almost a 50 per cent cut to the student assistants in the Roman Catholic

Board.

Now, Mr. Speaker, these student assistants, what they were

telling me is that yes, they have a concern for their own livelihood, but they

have more of a concern for those people who are going to be directly affected,

and that is the students. They feel that they want - and I am speaking on behalf

of the student assistants themselves now when I say this - they feel that these

children are the ones that should be looked after, Mr. Speaker. They feel that

both the Minister of Education and the Minister of Finance are wrong when they

sit side by side and cheek to cheek, Mr. Speaker, and they draw up their budgets

and say, and I quote what the Minister of Finance said in the House of Assembly

here last week when he said on June 8 that if he could, he said, 'I would cut

more if I had the chance.' They are disappointed and disgusted with that. What

they want, Mr. Speaker, what the people of western Labrador want, what the

residents of western Labrador want is more funding to establish and maintain the

best educational system in this Province. They want this Province to level the

education up, not down, Mr. Speaker.

And I want to quote, Mr. Speaker, one leader in our

municipalities, one leader. He says: It is beyond my wildest dreams why a

government that is fighting for fairness and equality in the Canadian

Constitution could force its own people to accept anything less. Yes, Mr.

Warren, we are talking about your decision to cut funding to the Labrador West

student assistants program.

Mr. Speaker, that person has written a letter to Dr. Warren,

the Premier, and myself - that union leader in western Labrador, Mr. Speaker, a

leader of one of our local unions has expressed his disfavour, and so have 3,600

people of western Labrador expressed their disfavour by signing a petition

urging this government to reassess its decision on the proposed cutbacks on the

student assistants. Mr. Speaker, I would ask that the minister respond to this

petition, and react favourably to the request of these residents of western

Labrador.

MR. WARREN: You have to stand up now. Stand up now.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West.

MR. TOBIN: Mr. Speaker, it looks like the Minister of

Education is not about to stand.

MR. WINSOR: He is playing his game again.

MR. TOBIN: It looks like the Minister of Education is

about to play a game again, Mr. Speaker. The Minister of Education has been in

this House for three years, and I have been here for just about eleven years,

and I have always seen whoever presented the petition, followed by the minister.

But in the case of the Minister of Education he refuses to take his place again.

So I hope I can entice him with my comments to come to his feet.

Mr. Speaker, I have been involved in many issues on the floor

of this Legislature since 1982. I have had the opportunity to speak on many

issues, but I have never seen an issue as sensitive as the present one, and I

have never seen a minister or a government demonstrate in such an uncaring

fashion as this Minister of Education has.

Now the Minister of Education has been in this House standing

up, and on CBC television, it was played out to me by a parent from Marystown

last night, the Minister of Education talked about two independent consultants.

The Minister of Finance clearly demonstrated the arrogance the other day when I,

in my statement in this House, said to the Minister of Health: Who is more

responsible for cutting this budget than you? And the Minister of Finance said:

I would cut it more if I had a chance. Now if that is not an attack on the

disabled, on the disadvantaged, and on the special need students of this

Province I don't know what it is.

I asked the Minister of Education today in Question Period

and he refused to answer the question then. He refused to come clean. He refused

to give the details. He chose rather to hide behind his attacks and blame

everything on Ottawa. It is a wonder, Mr. Chairman, that he doesn't blame this

on Ottawa. It is a wonder the Minister of Education doesn't blame this on

Ottawa. I asked the Minister of Education and I hope he will address it. As a

matter of fact, I hope that what I am about to say will now bring him to his

seat, because I am going to make an accusation that I believe to be true. I

believe the Minister of Education instructed his employees, two from his

department, to go around this Province, instructed them that there is a cap -

well, he didn't have to because they all knew it - on the education in other

departments, there is a cap on the dollars to be spent for student assistants as

approved in the budget. He instructed them to do a study not based on the needs

of the special needs children, but to do a reallocation of student assistants in

this Province. They didn't even visit some of the schools, didn't speak, as I

understand it. The job that they did was not a good job, and I have been told

that by educators, and educators just as good, I would suggest, and more caring

and concerned for the people than the Minister of Education is.

Over the years, in Labrador West in particular, they have

built a very sound, very effective and needed -

MR. HOGAN: (Inaudible).

MR. TOBIN: Let me say this. I won't get distracted by the

Minister of Municipal and Provincial Affairs. - and needed policy and program to

deal with special needs. The Minister of Education gave two employees

instructions to go out and dismantle what had been put in place over the years

by the people in Labrador West and the people of the Burin Peninsula. Those were

clear instructions given by the Minister of Education to dismantle the hard

work, to dismantle the model role, to dismantle the model program that was put

in place by the men and women of Labrador West, and later with the people of the

Burin Peninsula. There is a cap, I suggest, on the spending for student

assistants in this Province. What could they study? They could have studied

nothing, except the reallocation and the dismantlement of the program where it

has been effective.

Instead, what the minister should have done was seek ways to

improve it in Labrador West, on the Burin Peninsula and on the West Coast, and

look at ways to improve it throughout Newfoundland -

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. TOBIN: - and put in place the number of student

assistants that are needed.

MR. SPEAKER: The hon. member's time is up.

MR. TOBIN: In conclusion, Mr. Speaker, I ask the Minister

of Education, in the name of all that is good, to stand up and address this

petition.

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

DR. WARREN: Mr. Speaker, the hon. members who have spoken

have made some good points. This is a very important program. Student assistants

play a major role in the education of students with problems and disabilities in

this Province. In fact, Mr. Speaker, we found in a study that was done by the

consultants from the Department of Education that many student assistants are

important parts of teams, the morale is good, in many cases, and in the future,

I am sure, we are going to build on this program.

Mr. Speaker, what the study did find, though, was that there

were areas of the Province where more student assistants were needed and areas

where, in accordance with the criteria developed in 1987, we had too many. Mr.

Speaker, using these criteria, we found, for example - let me just give a few

examples. Talk about equality! What are we going to do for the students in areas

such as Green Bay where there are 45 per cent under. Mr. Speaker, what are we

going to do with the students in Nova Consolidated Board, 31 per cent under;

Avalon North, 47 per cent under; Avalon Consolidated, 11 per cent under; and Bay

d'Espoir, 3 per cent? Labrador East are going to get 17 per cent more in

accordance with this study, and on and on it goes, Conception Bay South, 46 per

cent more than they are getting.

Mr. Speaker, there are many inequalities in this system. This

study found out that there were areas of the Province where the need is for

increased numbers, because student assistants are assigned on the basis of need.

Now, we have received that study, and I am not going to try to indicate that

there are not going to be some changes. There are going to be some changes in

the student aid program. We cannot let these gross inequalities that exist

continue, and we cannot find the $15 or $20 million more that we need to bring

it up to, perhaps, the best in the country. We are putting $5 million into it at

the present time. We are going to try to grant the number of student assistants

based on need. Let me get back to Labrador. Labrador has had a good program of

student assistants. When the Member for St. Mary's - The Capes was the minister

he knows the program and he knows they got extra money. They got extra money

over and above what anybody else got in the Province. I find it very difficult

to say to Conception Bay South, to Bay d'Espoir, to Green Bay, and on and on, to

areas such at that, they should get extra over and above what they need in

Labrador, according to the criteria, and they cannot get any or they cannot get

enough. This government believes in equality of opportunity and we will fight to

provide it. Mr. Speaker, we have to rationalize the system. In Labrador West, in

J.R. Smallwood Collegiate, I was told they have 561 students and fifty-five

teachers. I am told they have four teachers and fifteen or sixteen student

assistants, that is nineteen or twenty people for fifteen students. They have

nineteen or twenty full-time adults for fifteen students. Now, we cannot provide

that level of service throughout Newfoundland and Labrador. We have to provide

what is a reasonable standard of care and we will do that, Mr. Speaker. We

cannot in health care, in social services, in education, in transportation,

provide the Cadillac of Canada but we will provide for every Newfoundland

student who has need a level of service which is a reasonable level. This is

what government is going to do. We are not going to perpetuate the inequalities

of the past. We are not going to let the inequalities of where you got student

assistants if you were in a certain area. We are not going to let that continue.

We are going to provide a fair treatment for every student who needs student

assistants in this Province irrespective of where that student lives, Mr.

Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burin - Placentia

West.

MR. TOBIN: Mr. Speaker, I have a petition, I say to the

House, signed by twelve parents from Rushoon. It is not as the Speaker outlined,

but they wrote and asked me if I would present it in the House so I would like

to have a couple of minutes to deal with the issue. It is the same issue. These

are parents of special needs children, and the parents' signatures are on the

back. I am asking leave to present the petition on their behalf.

MR. SPEAKER: The Chair can only again say, that as far as

the Chair is concerned, it is not a petition, it is a letter to the hon. member.

There is great dissertation made in this House by that kind of petition, but

this is the problem hon. members get themselves into when they accept certain

petitions and don't accept other petitions. This is clearly not a petition, it

is a letter, but if hon. members want to present it -

AN HON. MEMBER: No leave.

MR. SPEAKER: No leave. Pass it back to the hon. member.

The Chair said there was no leave granted for the petition.

The hon. member might not have heard.

MR. TOBIN: A point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West on a point of order.

MR. TOBIN: Mr. Speaker, there was a 3,600-name petition

just presented from Labrador West by leave of this House. Now, the number I have

is twelve, from Rushoon, but they are twelve caring parents, as well. I would

ask the Member for Exploits, the former President of the NTA, the Minister of

Employment, if he would reconsider and give me leave on behalf of the educators,

teachers and student assistants in this Province.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Thank you, Mr. Speaker. What happened here was

that a petition was presented from Labrador West. It was obviously a petition -

although it was not in proper form - but to my mind it was obviously a petition

meant to be gone over in the House of Assembly and so on. We have run into this

a number of times where I have always given leave. Conversely, now what we have

is a private letter to the Member for Burin - Placentia West asking him to give

them some help, which is not at all the same as the previous petition that was

presented.

It is not a matter of numbers. The member is misleading the

House. It has nothing to do with the numbers. If there were a petition to this

House with three signatures on it, it would be totally acceptable, and so on.

This happens to be simply a letter to the hon. gentleman bringing a matter to

his attention, and asking him for his help. That is all it is. It is, by no

stretch of the imagination, a petition to the House, Mr. Speaker.

MR. SPEAKER: There is no point of order. I will allow the

hon. member to make one more submission.

The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, the President of Treasury Board

says if you had three signatures attached to this, and the appropriate

resolution (inaudible) to present it to the House, I would probably be able to

do it. Now, for too long we have seen that practice happen in this House in the

past, where you get your colleagues and your secretaries in the office to sign

it. I could have done that too, probably. But I wanted -

AN HON. MEMBER: (Inaudible).

MR. TOBIN: I am speaking to this point of order. I wanted

to come down here, very genuinely, and ask all men and women in this House to

consider this as the wishes of the people of Rushoon, the parents of special

needs children, who are concerned about the action of the Minister of Health. I

didn't think that was asking a lot. As a matter of fact, Mr. Speaker, I am very

disappointed that the former President of the NTA, the Member for Exploits, Mr.

Grimes, refused to give permission for me to present this petition. I am just

totally disgusted, Mr. Speaker.

MR. SPEAKER: Order, please!

I again point out to hon. members that it is of no value to

the House for hon. members to be protesting about presenting petitions. Our

rules are clear.

MR. TOBIN: (Inaudible).

MR. SPEAKER: Order, please!

MR. TOBIN: I am sorry, Mr. Speaker.

MR. SPEAKER: It doesn't advance the cause of the House

for hon. members to be asking and begging to present a petition. The rules are

clear in both our Standing Orders and those of Beauchesne. Hon. members should

be trying to educate their electorate about -

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: They should be trying to educate their

electorate as to how a petition should be. It serves no purpose at all in this

House for hon. members to be debating in such a manner as to want to present a

petition.

There is no point of order. Hon. members should try, as I

said, and get their petitions in right form, as far as the Chair is concerned.

Orders of the Day

MR. BAKER: Motion 1, Mr. Speaker.

MR. SPEAKER: Motion 1.

The hon. the Minister of Finance.

MR. TOBIN: A point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West, on a point of order.

MR. TOBIN: Mr. Speaker, the minister gave notice in the

House the other day that we were going to have Private Members' Day on

Wednesday, which is traditional in the House. Motion 1 does not deal with

Private Members' Day, today being Wednesday. I am not sure what the minister is

up to. I sincerely hope he is not looking for leave to change the Order Paper

after refusing leave to the parents of Rushoon.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, the member is perfectly right.

This ordinarily is Private Members' Day, and it is government's Private Members'

Day. We called the Private Members' motion by the Member for Pleasantville.

However, we would now prefer instead to go on and try to finish up some business

of the House, Mr. Speaker.

MR. SPEAKER: I am sorry, the Chair did not get what the

President of Treasury Board said. If he would repeat the last part again. I am

sorry.

MR. BAKER: Mr. Speaker, the hon. member is absolutely

right. This is Private Members' Day, Wednesday. It is government Private

Members' Day. We alternate back and forth, by custom. I did call on Monday the

resolution by the Member for Pleasantville; however, since that time, we have

decided that we prefer to go on with the normal government business and

relinquish our Private Members' Day on this occasion.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West.

MR. TOBIN: Mr. Speaker, I ask the President of Treasury

Board: Is he looking for leave to do that?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I did not ask for leave. I

assumed that it is government's day, and then government made the decision in

terms of how it would use it's Private Members' Day. That is the way it has been

going all year and in past years. I did not ask for leave, Mr. Speaker.

MR. SPEAKER: To the point of order, hon. members raised

this point, I think, a couple of weeks ago. Very often in this House, when

government wanted to move on with government business, particularly when the

Private Members' motion was from the government side - and hon. members will

realize that it is Private Members' Day, in theory, that is; but in practice in

this House we have rotated, a resolution from the Opposition side and a

resolution from the government side. Whether or not we accept that, that is what

has happened in practice, though in theory it is correct, it is a Private

Members' Day.

Whenever we have gone on to do this kind of thing, to do

government members' business, that has been agreed to by all members of the

House, and we have done.

What we are asking now is whether there is agreement. If

there is not agreement, then we have to do something else. If there is no

agreement, then the Chair will act on the instructions of members as to what

else they want done.

I have not taken my place yet - so that is the procedure.

The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, today, obviously, is Private

Members' Day and you do need leave of the House in order to proceed with the

business of the day.

I would like to ask the minister, if you want us to agree to

leave - we will agree to give leave, but I would like to ask the President of

Treasury Board if he would reconsider giving me a couple of minutes leave to

present this on behalf of the (inaudible).

MR. SPEAKER: Order, please!

The Chair has made that ruling, and we are not going to go

back to it. The Chair has made the ruling. No leave was granted, and I am afraid

that would bring the House down to I don't know what level if we started doing

that.

The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I am looking for an

interpretation. You said, 'No leave was granted'. What does that mean,

specifically?

MR. SPEAKER: If there is no leave granted, then it would

appear that the Chair would prefer that we do those things by agreement. That

would be the preference of the Chair but, quite obviously, if there is no

private member's motion to be dealt with, because there has to be a motion

given, and in our House it has been the procedure of the government to give

notice of the motion on Monday. Since the motion that is given notice of cannot

be debated because the private member, the member with that motion, is not here,

the government is now asking that we go on to government business. Of course,

that is the logical procedure to follow, and that may be done without leave.

The hon. the Member for Kilbride.

MR. R. AYLWARD: Mr. Speaker, every time on Private

Members' Day in this House of Assembly, since I have been here, for twelve

years, that the private member has given up his right for his motion, it was

done by leave of the House. That is my understanding of the precedent of this

House.

I want to know if my understanding of the precedent can be

researched and answered, and if that is the case and the government is asking

for leave, let them ask for leave. They have not asked for leave yet, Mr.

Speaker.

MR. SPEAKER: I think the Chair has stated the precedent

of this House is that the government, in this situation, would ask for leave,

but again, our procedures have changed and we have not changed the procedures

accordingly. For example, the procedure with Private Members' Day, has changed.

In the past, we have always had our Private Members' Days, the Motions, all on

the first days so Notice of Motion was given on the first day. We always had the

Notice of Motion.

Under the procedure that we now have, we do not have the

Notice of Motion, because we have changed the procedure. We have not changed our

rules accordingly. So, all the Chair is looking at now, is the logic of the

matter, that no notice was given, but I will take further submission from

members.

The hon. the Member for St. Mary's - The Capes.

MR. HEARN: Mr. Speaker, I find it fairly confusing,

because we are talking about no leave being given. I am not under the impression

that any leave has been requested; I don't believe the Government House Leader

requested leave to depart from Private Members' Day and go on with government

business. I don't think that leave was requested, number one.

MR. SPEAKER: Yes.

MR. HEARN: Secondly, if the government member, who was

supposed to present his resolution, the Member for Pleasantville, today, is not

here or cannot present his resolution, I presume that we would only be too glad

to present one of ours, number seven, is from the Member for Kilbride, an

extremely important resolution; number eight, from the Member for St. John's

East Extern, an extremely important resolution and we have number ten from Burin

- Placentia West, an extremely important resolution, and we can go on. So, if

the government does not want to proceed with its Private Member's resolution,

undoubtedly, we would be willing to proceed with one of ours. But I say, before

we get into any of that, the Government House Leader has not even requested

leave to depart from the regular business.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker.

I am sorry I missed some of the proceedings, I was in the

common room, expecting a call on the Canada/France situation.

What we have to be careful of here is setting a precedent,

and we all remember just a few short weeks ago when we were in a similar

situation, that the Member for St. John's East would not give leave and we

adjourned the House. If you remember that member did not give leave on one

Private Member -

AN HON. MEMBER: We had agreed between us.

MR. MATTHEWS: We had agreed between us, the Government

House Leader and myself, but no one had discussed it with the Member for St.

John's East, he denied leave, and consequently, we adjourned very early. We

adjourned one day to go to the waterfront to welcome back the fleet, and I

believe, the next Wednesday -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: Well, it is a farce, but I am not talking

about the farce. There are a lot of farces, Mr. Speaker.

The point is, it is customary that the Government House

Leader would ask for leave to forego Private Members' Day to continue or to

pursue government business. Now, that is what we are talking about here and I

think the best thing that could happen now is for the Government House Leader to

do that and we can get on with doing the business that the government so badly

wants to do.

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

MR. BAKER: Thank you, Mr. Speaker.

I agree with the Opposition House Leader. That is exactly

what should happen now; however, he was out of the House, and as the acting

House Leader indicated, no such leave would be forthcoming. That is why we

proceeded the way we did.

Mr. Speaker, I ask leave of the House to proceed with

government business.

MR. SPEAKER: The hon. the President -

MR. TOBIN: To that point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West, to the point of order.

MR. TOBIN: Mr. Speaker, the Government House Leader

misled the House that time in his statement. When I stood - and I don't know if

Your Honour heard me or not - when I stood, I said we were quite prepared to

give leave, all we wanted was for the member to ask for it. That is what was

said.

MR. SPEAKER: Has the President of Treasury Board asked

for leave of the House? Does the President of Treasury Board have leave of the

House?

AN HON. MEMBER: Definitely.

MR. TOBIN: Did he ask for it? He never asked for it?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Motion 1, Mr. Speaker.

MR. SPEAKER: Motion 1.

The hon. the Minister of Finance.

DR. KITCHEN: Thank you, Mr. Speaker.

We have heard, during the last couple of months, quite a

number of points made by members on both sides of the House with respect to the

Estimates, and I will attempt to answer all these points or to make a comment on

them, but first, I think I should attempt to summarize the points that have been

made.

MR. SPEAKER: The Minister, speaking now, closes the

debate.

DR. KITCHEN: Thank you very much. In

summary, Mr.

Speaker, I would say that members opposite stated quite clearly that they wanted

taxes reduced, or at least, not raised; and equally vociferously, they wanted

government to spend more money on every conceivable thing that would crop up,

and equally vociferously, they wanted the deficit not altered. In other words,

they wanted the impossible. There was one exception to that, and that member is

not here today. He wanted the deficit increased, expenditures increased, and

taxation lowered. Now, that is even more impossible than the others.

Now, Mr. Speaker, the only way we can come out of this is to

approve the present Budget, and I so move, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

On motion, that the House resolve itself into Committee of

the Whole on Ways and Means, Mr. Speaker left the Chair.

Committee of the Whole

MR. CHAIRMAN (L. Snow): Order, please!

On motion, that the Committee of the Whole on Ways and Means

rise, report progress and ask leave to sit again, Mr. Speaker returned to the

Chair.

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

DR. KITCHEN: Thank you, Mr. Speaker. I wish to inform -

MR. SPEAKER: I am sorry. We had two people standing. The

hon. the Chairman of the Committee of the Whole, the Member for Trinity - Bay de

Verde.

MR. A. SNOW: Mr. Speaker, the Committee of the Whole on

Ways and Means have considered the matters to them referred, have directed me to

report some progress and ask leave to sit again.

On motion, report received and adopted, Committee ordered to

sit again presently by leave.

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

DR. KITCHEN: Thank you, Mr. Speaker.

Mr. Speaker, I wish to inform Your Honour and other hon.

members that I have received a message from His Honour, the Lieutenant Governor.

MR. SPEAKER: To the hon. the Minister of Finance: I, the

Lieutenant Governor of the Province of Newfoundland transmit estimates of sums

required for the public service of the Province for the year ending March 31,

1993 by way of further supply, and in accordance with the provisions with the

Constitution Act, 1867, I recommend these estimates to the House of Assembly.

Sgd.: _______________________________

Frederick A. Russell, Lieutenant Governor

The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I move that the message be

referred to a Committee of the Whole on Supply.

On motion, that the House resolve itself into Committee of

the Whole on Supply, Mr. Speaker left the Chair.

Committee of the Whole

MR. CHAIRMAN (L. Snow): Order, please!

The hon. the President of Treasury Board.

MR. BAKER: Mr. Chairman, I move that the total contained

in the estimates be carried and that a resolution be adopted to give effect to

the same.

MR. WINDSOR: What exactly are we passing here, I ask the

President of Treasury Board? This is the budget document itself? This is not

supplementary supply or anything additional to it?

MR. BAKER: No.

MR. WINDSOR: Okay. Thank you, Mr. Chairman.

On motion, Budget Estimates, total heads, carried, and a

resolution be adopted to give effect to same.

MR. HEWLETT: Mr. Chairman.

MR. CHAIRMAN: The hon. the Member for Green Bay.

MR. HEWLETT: Before we conclude debate on this, there is

a matter that came to my attention - under a money bill I believe I can bring

matters before the House. During lunch hour, I was told, in my own district we

have a marine service centre and that throughout the Province there are thirteen

operators of equipment in marine service centres being laid off this summer,

very late-coming news, just as the House of Assembly is closing. On behalf of my

constituents and the other operators in marine centres across the Province, I

would like to register my concern that the centre for Triton, for instance, is a

$7 million facility. Last year they had a staff of three people which was

reduced to two. Now, for three months of this year, it will be reduced to one

person. You have a multi-million dollar facility, literally millions of dollars

worth of boats, and, Mr. Chairman, I do believe this matter should be brought to

the attention of the House.

MR. CHAIRMAN: Order, please!

I would just remind the hon. member that we have passed the

Estimates and that there is no room for debate at this point in time on that

matter.

On motion that the Committee rise, report progress and ask

leave to sit again, Mr. Speaker returned to the Chair.

MR. SPEAKER: Order, please!

The hon. the Member for Trinity - Bay de Verde.

MR. L. SNOW: Mr. Speaker, the Committee of Supply have

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

have passed the amount of $3,000,658,300 contained in the Estimates of Supply,

and ask leave to sit again.

On motion, report received and adopted. Committee ordered to

sit again presently by leave.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I move that the report of the

Committee of the Whole on Supply with respect to the Estimates, 1992/1993,

together with the resolution and a bill consequent thereto be referred to a

Committee of the Whole on Ways and Means, and that Mr. Speaker do now leave the

Chair.

On motion that the House resolve itself into Committee of the

Whole on Ways and Means to consider a resolution and a bill related thereto. Mr.

Speaker left the Chair.

Committee of the Whole

MR. CHAIRMAN: Order, please!

Resolution

"That it is expedient to introduce a measure to provide for

the granting to Her Majesty for defraying certain expenses of the public service

for the financial year ending March 31, 1993, the sum of $2,010,461,600."

Motion, that the Committee report having passed the

resolution and a bill consequent thereto, carried.

On motion, that the Committee rise, report progress and ask

leave to sit again, Mr. Speaker returned to the Chair.

MR. SPEAKER: The hon. the Member for Trinity - Bay de

Verde.

MR. L. SNOW: Mr. Speaker, the Committee of the Whole have

considered the matters to them referred, have directed me to report that it has

adopted a certain resolution, and ask that a bill be introduced to give effect

to the same.

MR. SPEAKER: The Committee of the Whole have considered

the matters to them referred, have directed the Chairman of the Committee to

report that it has adopted a certain resolution and recommends that a bill be

introduced to give affect to the same.

On motion, a bill, "An Act For Granting To Her Majesty

Certain Sums Of Money For Defraying Certain Expenses Of The Public Service For

The Financial Year Ending March 31, 1993 And For Other Purposes Relating To The

Public Service," read a first, second and third time, ordered passed and its

title be as on the Order Paper.

MR. BAKER: Order 5, Mr. Speaker.

MR. SPEAKER: Order 5.

Motion, second reading of a bill, "An Act To Amend The Liquor

Corporation Act, 1973". (Bill No. 9).

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

DR. KITCHEN: Thank you, Mr. Speaker. This is to a large

extent a routine bill, although there are certain aspects of it that may not be

quite so routine. Clause 1 is part of the routine part. We are just amending the

definition of alcoholic liquor to make sure that - no, this is the non-routine

part, sorry.

Up until now this

section has prescribed the amount of

alcoholic content that must be in liquor before it is able to be regulated by

the Newfoundland Liquor Licensing Board, or by the Liquor Corporation. Now, what

we are proposing to do is to eliminate the specific content that is required to

make all alcoholic beverages come under the control of government. Right now we

cannot, for example, make regulations concerning -

MR. SPEAKER: Order, please!

I think hon. members do not know which bill we are doing. It

is Order 5, which is Bill No. 9.

The hon. the Minister of Finance.

DR. KITCHEN: So in Clause 1: what we are doing here is

taking away the specific content of alcohol that must be in a beverage before it

is classified as alcohol, and thereby subject to the regulation of the Liquor

Corporation. That will enable us to make regulations for the sale of what is

presently appearing in some shops as non-alcoholic beverages which are really .5

per cent beer and things like that. We want to regulate that because we feel

that under certain circumstances this may be habit forming for children because

it is accessible now. Any two year old can go in a supermarket now and pick up

his can of beer. It is not really beer according to our standards but it bears

the label, looks very much like beer and it has an alcoholic content. We do not

want these things to start so we want to regulate that. That is the purpose of

Clause 1, to enable us to do that. Right now we have no legislative power to

attempt to control what could be an abuse although I do not believe it is much

of an abuse at the present time but that is mainly because it has not been

pushed hoping that we will not make the change.

What we are really doing in Clause 2 is amending the

definition of spirits to include vodka, which is basically not a very major

point. Then we are going to amend

Section 6 of the act so that each member of

the board of directors of the corporation will hold office for three years and

to provide for the appointment of the president of the board to hold office

during pleasure. Then we are going to amend Clause 3 and 4 to enable the

accounts of the Liquor Corporation to be audited by private firms rather than

only by the Auditor General. The corporation feels they will save some money by

this route and also the Auditor General wants to get out of the detailed

auditing of these corporations and to concentrate on a higher level of auditing

so that the Auditor General's department does not get into all this detailed

auditing which can be done more cheaply by a private firm.

That is basically what we are attempting to do, Mr. Speaker.

We are also proposing to amend

Section 33 of the Act so that people who buy

things from the Liquor Corporation can pay in a manner that the Liquor

Corporation provides. Right now what is in the Act is rather restrictive and

they have for some time been using other methods but we need the Act changed to

make these methods appropriate.

Clause 8, we are going to amend

Section 45 of the Act so that

- this maybe of interest to members, so that you can have some control tasting

in liquor stores. The Liquor Corporation wants to run tasting of certain wines

and they are going to charge under certain conditions so if you have your finger

up in the right place you can go in there and test your wine. They want to get

into that in certain liquor stores. Right now that is prevented by the law.

There will be a charge for that, just a charge to cover the cost as I understand

it.

AN HON. MEMBER: It is only for Liberals thought.

DR. KITCHEN: Liberals do not drink you see.

That is basically what we are trying to do. Most of it is

routine except for the two substantive items, one, to get the auditing done by

private firms and also to get the regulation of .5 or other alcoholic beverages

under the control of the Liquor Corporation.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Mount Pearl.

MR. WINDSOR: Mr. Speaker, just to take a few moments of

the House. This is not earth shattering except that Clause 1 leaves us with some

concern. I would like to ask the minister a question or two on it. He is saying

that it would put all alcoholic beverages under regulation so the Liquor

Corporation would thereby control all of that. I guess the question is therefore

would liquor taxes therefore be applied to these low alcoholic content

beverages? The minister himself said there is no abuse there now and I would

submit to the minister that a young child would drown before he could get

intoxicated on the amount of alcohol contained in these beverages. I do not

think there is any abuse nor is there much possibility that there could but that

is not my concern.

My concern here is, does this now mean that those beverages

will be subject to liquor taxes which are substantially higher than sales tax

imposed on those beverages now. I assume we are talking here about Haig Ale and

this sort of thing which is sold in stores and which is of low alcoholic

content. Will that now be subject to alcohol taxes? That is the question I would

like to ask the minister. Another question is, what impact does this have on the

sale of beer and wine in stores? There is considerable movement now to sell - we

have beer now sold in convenience stores, for example, and there is a movement

afoot; there is some pressure, some desire on the part of the public, to have

wine sold as well in convenience stores, which is common throughout many parts

of Canada and certainly the United States. It is pretty convenient on a Sunday

afternoon - you cannot sell even beer on Sunday afternoons in Newfoundland, but

if you go to Florida you can run into any drug store, any supermarket, any time

of day or night, and pick up beer and wine. You cannot get other alcoholic

beverages. Those are controlled in much the same manner as they are controlled

here.

I just ask the minister: What impact would it have on the

potential to allow beer and wines - beer is already sold - but to allow wines in

there. Does it impact on that, or does it simply say that it gives government

right of regulation? I believe they have the right of regulation now, and it

extends it to lower alcoholic beverages. Certainly wines I am talking about

would be high enough content that they are regulated now.

The

section dealing with members of the board for three years

- I just want to comment that previously the board held office during pleasure.

Now we are saying that it will be for a fixed term. Is the minister saying

therefore that government intends to honour those fixed terms? This government,

in past, has dismissed boards that have been appointed for fixed terms, before

their term expired. The minister is aware of that, I am sure. In fact, the

minister was involved in some of them. Many members of boards and agencies were

dismissed forthright, summarily, by this government shortly after it came into

office, even though they had been appointed for a two or a three or a five year

term, and their term had only just begun or was only partially completed.

AN HON. MEMBER: Name one.

MR. WINDSOR: I can name many.

AN HON. MEMBER: (Inaudible).

MR. WINDSOR: I beg your pardon?

AN HON. MEMBER: Hydro board?

MR. WINDSOR: The Hydro Board is one of them.

AN HON. MEMBER: (Inaudible).

MR. WINDSOR: Yes.

AN HON. MEMBER: (Inaudible) fixed term.

MR. WINDSOR: Wasn't fixed term, the Hydro Board? No.

Okay. I thought that Hydro was a fixed term. Maybe it was not. Maybe it was

during pleasure.

Well I know The Liquor Licensing Board was a fixed term, and

the Minister of Finance simply sent them a letter saying, your services are not

longer required; thank you very much; even though they had on file letters from

government appointing them for a fixed term. There are many more like that. So

maybe the minister would like to address that.

I am a little concerned about Clause 5, that The Liquor

Corporation now can get into the retail business, into selling books and

magazines, and special bottle openers. Are you talking about bottle openers that

are not readily available, and therefore they are only available in specialty

shops? Maybe they are only available at Living Rooms on Water Street, which

happens to have a lot of items such as this that you will not find anywhere

else, and that is what makes them viable. That is the business they are in. They

are in the specialty item business. Now we are taking this market away from

those retailers, those specialty stores that provide something that is

different, and charge a price for it.

I am not sure that The Liquor Corporation should be into

this. This is retailing. Now we are getting into the retail business. It is bad

enough that the Minister of Development funds them. Now the government is going

to enter into it themselves, through The Liquor Corporation. Convenience is one

thing, but I do not know that this is the sort of thing in which government

should be involved.

Controlled tasting of liquor - now that is an interesting

concept. I understand that the real rationale for that is that the Liquor Board

does its control tasting in the board room that they have over the liquor store

at The Murray Premises. That is where they always did it, and that legally

speaking they were breaking the law, because the law says: No alcoholic

beverages shall be consumed on the premises of Newfoundland Liquor Corporation.

The wine tasting, which is a legitimate function of the wine tasting board - a

wine tasting board, by the way, is the board itself. They appoint themselves as

a wine tasting board, and they have a merry old time.

I was unfortunately never invited, while I was Minister of

Finance, to one of these wine tastings. I think the board went to France and

actually did their tasting over there, while I was Minister of Finance. So I

never had the pleasure of going to The Murray Premises, but I have heard some

interesting stories about the wine tasting parties at The Murray Premises.

AN HON. MEMBER: (Inaudible).

MR. WINDSOR: I think it should be brought in. I think we

should do it in here. If you want some entrepreneurs and some connoisseurs of

wine, Mr. Speaker, I suspect there are many of them in this hon. House, and I

think we could do an admirable job of deciding which wines.

That is an interesting point, to be more serious. It is an

interesting point that some of the finest wines that were available here have

been delisted and new wines have been brought in that, in my view, are

substandard wines. There appears to be no rationale for it. It appears to be

open to a little bit of skulduggery in that those agents in the Province that

are selling - that are the agents for these wines, who are importing them - they

import them through the corporation. But of course, you know, the corporation

decides if they are going to list it or not.

I have a personal beef here, Mr. Speaker, because I have a

particular brand of Scotch which I was extremely fond of, Grand Macnish. A fine

Scotch that I bought for many years. I am very partial to that particular Scotch

and it was delisted, and it was delisted while I was the minister responsible. I

was honest enough not to fire the chairman of the board and the whole board too.

That is what I should have done if I had any sense at all, if there was any

justice in the world, I would have fired the whole crowd of them for delisting

the minister's Scotch. I have never heard of such an effrontery, Mr. Speaker,

but it was delisted.

The reason it was delisted, Mr. Speaker, was because the

agent that imported it also is the agent for Lamb's rum, and Lamb's rum is today

the most popular rum in Newfoundland. It is an excellent blend of rum. He wanted

to have Lamb's rum now listed in flasks because it was available in 26 and 40

ounce bottles, but he wanted to also have it on the shelf in flasks, or maybe

the smaller flasks, maybe the pups. I am not sure which it was now, either the

flasks or the pups. In order to get it listed in that size he had to give up

something, and he gave up the lowest volume item that he had, which was my Grand

Macnish. So I now have a steady stream of Grand Macnish coming from Nova Scotia,

I hasten to say to the Minister of Finance, and every time I do I will send him

two dollars taxes on that bottle of Grand Macnish.

Seriously, Mr. Speaker, it would be interesting to look at

the decision making process of which items were listed and which ones weren't.

Control tasting in liquor stores, now I am concerned. Is the minister saying

that that will now be available to the public? I can appreciate that they want

to legitimize the practice that goes on in the Murray Premises. It is a

legitimate practice, but not strictly in accordance with the law, it was

breaking the law. It has gone on for many years. But is the minister saying that

the public will now be able to taste wines, I understand, for a fee in liquor

stores? Will the agents be able to now at certain times come into the liquor

stores with their list of wines and make them available?

I don't have a problem with that, to be honest with you. I

guess that is purely a personal thing, but you know there are many excellent

wines in the liquor stores that people don't know about because they haven't

tried them. Many people go for the brand names that they normally see and they

don't try some of the other excellent wines that are available in our liquor

stores. I will say this, I don't mean to be too critical of the board, but there

are some absolutely superb wines available in our liquor stores that are not

available in other parts of Canada because every liquor board in each province

brings in different wines. But it would be an advantage to the public and to the

wholesalers to do this in liquor stores under controlled terms. But I hope this

is not going to get out of hand so that we have great wine parties in every one

of our liquor stores every weekend to the detriment of our legitimate licensed

lounges and hotels and restaurants. Surely it won't get to that level, but I put

a word of caution to the minister in that regard. With those few comments, Mr.

Speaker, I will take my leave.

MR. SPEAKER: The hon. the Minister of Finance. If the

minister speaks now he closes the debate.

DR. KITCHEN: Thank you, Mr. Speaker, just by way of

response to some of the points that were raised by the hon. member. It is true

that we have been asked to look at the sale of wines in convenience stores. The

feeling now is that we should not do this at this time. There are a variety of

reasons for it. One is that in this Province alcohol is more readily available

than in any other province in Canada except Quebec, and alcohol is a major

problem in this Province and we have to be somewhat restrained in what we do.

Now that is one side of the coin but there are other more technical reasons

having to do with revenues. The thought is that if we do put wine in convenience

stores, they will concentrate on certain brands almost exclusively and the

Liquor Corporation will be under pressure to increase the commissions to these

shops and the amount of money left available to the government might be less and

also, it may influence the variety of wines that the liquor store would carry.

If the high volume wines are sold in convenience stores and

the low volume wines are sold in the government liquor store, then the profits

of the government liquor store may decline and that is one of our two reasons

for the control of liquor in the Province. One is to control the sale and the

second is to raise revenues and we have to be careful these days about the

revenue part.

On the .5 beer, we have received a number, not a large number

but a fair number of submissions from school principals and people of that

nature and others who are concerned about the availability even now of this .5

beer and so on, so we want to control it. Now what has not been worked out yet

is whether it will be taxed at the same rate as regular beer, so that will have

to be looked at. The items that are for sale, the specialty items that will be

for sale in the stores, will be carefully watched. The instructions are to the

Liquor Corporation not to get involved in competition with other shops, but to

provide things which are not worth the while of ordinary stores, the usual

stores to carry because the demand would be so small that it would not be worth

their while to carry these in small shops, so the type of things that they will

be selling are of a very specialized nature largely having to do with wine

tasting and people who make a study of wines and things, and want to read up

books on it and things of that nature.

I do not regard it as a problem. If it does become a problem

we will stop it. We will prevent the stores from doing it because we do not want

to compete with private businesses. I realize that the member's points are

valid.

Mr. Speaker, that is all and I move second reading.

On motion, a Bill, "An Act To Amend The Liquor Corporation

Act, 1973. (Bill No.9)", read a second time, ordered referred to a Committee of

the Whole House on tomorrow.

MR. BAKER: Order 6, Mr. Speaker.

Motion, second reading of a bill, "An Act To Amend The

Insurance Adjusters, Agents And Brokers Act", (Bill No. 11).

MR. SPEAKER: The hon. the Minister of Social Services.

MR. GULLAGE: Thank you, Mr. Speaker.

This bill deals with sub-section 45 (4) of the Insurance

Adjusters, Agents and Brokers Act. An ambiguity in the Act respecting the

extension of liability to directors, officers and partners of Insurance

Adjustment Agencies and Brokerage firms, and this is in the case, Mr. Speaker,

where, a director or an officer or indeed a partner in a partnership, a director

or officer of a corporate body or a partner in a partnership, is also

individually licensed, either in the corporate firm or individual license

through the partnership either way, and this extends the liability of that

individual beyond the corporation or partnership for third party situations

where there is usually a case, an action taken against the corporate firm or the

partnership.

Presently the liability is not extended beyond the

corporation or the partnership, this would provide for extension of liability to

the partner or to the director in the event of a case against the firm or the

partnership. That is the change being proposed, Mr. Speaker, for this particular

act, The Insurance Adjusters, Agents and Brokers Act.

So it would be amending subsection 45(4) of this Act.

On motion, a bill, "An Act To Amend The Insurance Adjustors,

Agents, And Brokers Act," read a second time, ordered referred to a Committee of

the Whole House on tomorrow. (Bill No. 11).

MR. BAKER: Order 15, Mr. Speaker.

MR. SPEAKER: Order 15.

Motion, second reading of a bill, "An Act To Amend The

Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act". (Bill

No. 24).

MR. SPEAKER: The hon. the Minister of Mines and Energy.

Bill No. 24.

DR. GIBBONS: Thank you, Mr. Speaker. Bill No. 24: This

Bill is an amendment to the Canada-Newfoundland Atlantic Accord Implementation

Act, and it is in keeping with amendments which are being made simultaneously to

the federal act and to the act in Nova Scotia. The amendments may be divided

into three categories: those which are of a clarifying or housekeeping nature;

those which relate to safety in the offshore; and those which relate to

conservation and spills.

Clause 34 would provide that the Bill comes into force on the

day the amendments to the Oil and Gas Production and Conservation Act of Canada,

and other related amendments to federal acts, come into force, some time over

the next few months. Presently these amendments are being processed through the

House of Commons. They, I believe, are still in the Committee stage at this

time, but are expected to be finished shortly. And likewise are being handled in

Nova Scotia.

They are the final round of amendments that come out of, from

our perspective, the Hickman Royal Commission Report after the Ocean Ranger

disaster, and it really is to cover about the last 15 per cent of the

recommendations that came forward from that Commission.

I will not go into any further detail at this time but I move

second reading.

MR. SPEAKER: The hon. the Member for Green Bay.

MR. HEWLETT: Mr. Speaker, I do not have much specific

that I would have to say with regard to this. The explanatory notes say it is

basically a piece of mirror legislation with regard to something going through

the House of commons in Ottawa, dealing with safety, oil spills, and certain

housekeeping, tidying up things. Which are all well and good.

It should be noted, however, that there has been on this

particular work site a relatively high accident rate. So anything that would

improve the safety situation out there is certainly needed. Of course, with

today's world being extremely environmentally conscious, any tightening up of

rules and regulations with regard to oil spills is very much in order.

Perhaps regrettable that due to the fact that we could not

get the type of legislation that we are talking about today, and mirror

legislation, et cetera, from the Trudeau administration, that Nova Scotia was

the first east coast province to pump oil. Because Mr. Trudeau would only give

us a share of federal revenue, a capped share of federal revenue as such, and no

say over the mode of development or no right to collect revenues on our own, as

if the oil were on land.

That is unfortunate. That we are several years behind the

Nova Scotians in pumping oil, that we have to thank to a very central,

strong-minded Liberal government in Ottawa of some years ago that would not

budge an inch on giving Newfoundland a fair deal on the offshore.

That being said, Mr. Speaker, I have no problem with this

particular piece of legislation.

MR. SPEAKER: The hon. minister if he speaks now closes

the debate.

DR. GIBBONS: Yes, Mr. Speaker, I do not have anything

further to say. Just one minor point of clarification. I believe my hon.

colleague seemed to imply that this might apply to the Bull Arm site. It does

not apply to Bull Arm, it applies to the offshore area.

On motion, a bill, "An Act To Amend The Canada-Newfoundland

Atlantic Accord Implementation (Newfoundland) Act," read a second time, ordered

referred to a Committee of the Whole House on tomorrow. (Bill No. 24).

MR. BAKER: Order 20, Mr. Speaker. That is The Labour

Standards Act.

MR. SPEAKER: Order 20.

Motion, second reading of a bill, "An Act To Amend The Labour

Standards Act". (Bill No. 32).

MR. SPEAKER: The hon. the Minister of Employment and

Labour Relations.

MR. GRIMES: Thank you, Mr. Speaker.

With respect to Bill 32,

An Act To Amend The Labour Standards

Act, by way of introduction and explanation, I just point out for all hon.

members that these changes that are being proposed and put forward in this Bill

came as a result of the review that was done by The Labour Standards Board. That

board is appointed again now. The previous board that did this work was chaired

by Mr. Emerson Barbour from Clarenville and his people. They submitted a report

which was studied by people in the department.

I think just about every one of the recommendations that the

review committee - they travelled the Province and took submissions. There is

another gentleman from Clarenville who is now chairing the new board, and they

will be in place for another year or so. They are about one year through their

mandate. They have not submitted any report yet. We are still acting upon the

report of the previous board.

There is one item, though, that I should point out, that did

not arise from that review, but which was incorporated as a result of

discussions since that time. The Labour Standards Tribunal, which sits with an

independent chair, and a representative of labour, and a representative of

management, to hear disputes when people are terminated from employment, did not

get the proper notice, do not receive their vacation pay, or did not receive

their last pay cheque, and so on, and it goes to an appeal - currently that

tribunal of three has gotten behind in its work. The recommendation from them,

and also from the board, was that function could probably be better handled and

more efficiently handled on behalf of a disadvantaged worker who is not in a

unionized setting, to have a union file a grievance and so on, if a single

arbitrator heard the case and you did not have to be waiting until three

people's calendars were free, and the backlog and so on that has resulted.

That one additional change is in this bill. We are proposing

that the appeals of labour standards be done by a single adjudicator rather than

a tribunal. We are convinced that will be to the advantage of the aggrieved

worker. It will enable the actions to be taken much more quickly, and that a

dissatisfied or aggrieved worker would be able to get a resolution to their

question or their grievance much more quickly by having a single arbitrator or

adjudicator rule on their case, rather than having a three person panel or

tribunal.

That is in the explanatory notes, in the first one, that the

labour standards tribunal will really be replaced by a system of single

adjudicators. We already have a panel of adjudicators, through the LMCC, that

are recognized and accepted by everybody in the Province, both in labour and

management, to deal with a wide range of issues. It is expected that that list,

along with the current chair and vice-chair of the Labour Standards Tribunal,

who have been in place for over a year now, would be the people who would be

drawn from on an as needs basis to hear these complaints in relation to labour

standards.

The other changes, while fairly significant, I choose to

leave them to see if there are any questions from the opposition on which they

would like further information, rather than go into the details of them, because

that would take some time.

The other changes largely reflect, in many instances, a

clarification of language to get rid of confusion that existed, because

sometimes different parts of The Labour Standards Act made slightly different

references to the same situation in terms of entitlement to leave; what the

definition of a work week was; what exactly should happen with pay for a worker

who was required to work on a statutory holiday. There are different references

in different sections that workers found confusing. Here there is an attempt to

consolidate that.

The review board, when they travelled the Province, heard

these things presented repeatedly. They brought forward the proposed amendments,

which were then vetted through the Department of Justice. They have agreed that

these recommended changes here will provide the necessary clarification, make

the system more understandable to everybody who needs to know what their rights

are under the basic labour standards of the Province, and that it will, in fact,

assist workers, particularly those in the nonunionized setting, who depend upon

this act to spell out for them what their rights are as employees.

With that, I would commend it to the House for second

reading. I am certainly ready to respond in more detail to any questions that

members might have, on which they would like more information.

Thank you, Mr. Speaker.

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

MR. WINSOR: Thank you, Mr. Speaker.

What the minister said about this Bill is essentially right.

Much of it is just tidying up the language that had already existed with respect

to clause 1, Mr. Speaker, I hope it works. Because a number of constituents of

mine who have attempted to go to the Labour Relations Board for an adjudication,

find it is incredibly slow getting a case heard. I hope that the appointment of

a single adjudicator will certainly speed up that process so that aggrieved

workers can have their cases heard in a much shorter period of time than

presently.

I also note, and I think it is a very positive move, in

section 7, clauses 9 and 10, repeals provision of the act, which basically

discriminated against disabled persons, so that they are now entitled to the

same opportunities and wages that other people were.

I want the minister to clarify something for me, because it

occurred on a number of occasions last year in the course of his special works

programs. On or about that time - I am not sure if it was the Thanksgiving

weekend or Armistice Day weekend intervened and there was certainly some

confusion among the people who basically had government-sponsored programs.

Because the Department of Social Services operated, seemingly, in one mode, and

the different other divisions, the Department of Forestry or the Department of

Labour or the Department of Fisheries, seemed to have another standard as to

whether people would be entitled to a day - an holiday, we will call it - say on

November 11, and what period of time someone had to work previously in order to

qualify.

I called the Departments of Labour and Social Services and

each of them had a different explanation as to whether that person was entitled

to a day off or, in fact, because it was a statutory holiday, was he entitled to

double time because of that day he had worked. I have looked through this bill

but I cannot see if it really specifically addresses this concern, because it

sometimes comes up. And, in this case it is people who are essentially working

for government: Are they entitled to a day? If an employee comes to work, for

example, with the minister's department here, and he comes in on one Monday and

the next Monday is a holiday, do these people get that holiday? If so, why

shouldn't all employees of the Province, who work for the government of this

Province, be entitled to it?

Clause 13 provides for an employer who employs an employee at

a remote site, shall pay travel costs of that employee in the event that his or

her employment is terminated. Who determines what is a remote site? Is there

some designation in the legislation that determines what a remote site is? I

would like for the minister to address that.

Other than that, most of the thing we see, it is a tidying up

of the language to allow, for example, for maternity leave to come in line with

the benefits that are already in place with the federal government. Other than

that, we see most of it as being fairly positive. The couple of questions I

raised perhaps the minister could address now.

MR. SPEAKER: The hon. the Minister of Employment and

Labour Relations, if he speaks now, closes debate.

MR. GRIMES: Thank you, Mr. Speaker. With respect to the

two or three items raised, I just might offer a general comment first. As the

hon. member opposite points out, there are a number of significant things in

here, even though much of it is language-related. There are some significant

things that we will have to make sure are pointed out to the working public so

that they are aware that these changes have occurred.

One of them, of course, obviously, is the repeal of the

provision allowing for special minimum wage rates for disabled persons. That

issue had been raised in this Legislature before. It had not been actioned by

any employer in the Province that we were aware of, that they were not paying

these rates. But we will certainly make sure that everybody is clear that now

the provision allowing for it has been taken off the books with the passage of

this bill. It is not even remotely possible any more, which everybody in this

House has gone on record as agreeing that that should be the case.

The other entitlements, in terms of looking at bringing

pregnancy leave, adoption leave, and the other types of things in line with the

federal UIC regulations and whatnot. There will be notification. There will be a

necessity for the department to do an information blitz in terms of a pamphlet

or other things that are done to update everybody as to what the new provisions

are in labour standards in the Province.

A couple of the questions - the issue did get raised last

year with respect to the entitlement of people on these job creation programs,

when one of the statutory holidays comes in the period.

We have asked basically, if any one person were to insist on

his right to holiday pay and what not for that provision under the act, we would

have no choice but to pay. And what we have done, because we recognize that

these people haven't been working and would not be working, without the fact

that some department of government or a sponsoring agency put in place a project

especially designed to give them work that they never otherwise would have

accessed; we have asked them to agree, that provided that they were not forced

to work above and beyond what a normal week would have been, that they not make

a claim for additional pay for holidays and so on, even though they have a legal

entitlement under the act and they could not be denied, but these people have

always been asked, and no one can force them on a voluntary basis and most do

not raise it but when it is raised from time to time, we have asked for

agreement -

AN HON. MEMBER: You can't do that.

MR. GRIMES: No we can't insist, it is understood we could

never insist, and if somebody wanted to pursue it, they would have a right that

would have to be determined under the act and it could go through appeal and so

on; however, by the very nature of the job creation projects, it has been

understood, and in most instances, these workers are so grateful and so thankful

to have the work that they feel actually that they would be infringing upon

anybody to try to insist that they get other pay or extra pay when, in fact,

they were put to work where there was no hope that they ever would have had work

if they were left to their own devices.

So, we have recognized that, and when a government department

or a sponsoring agency like a development association, and so on, puts people to

work, they treat them fairly, they make sure that they get what they are

entitled to under the benefit structure, and they would assume and hope that

most people would not be in a position to ask for other benefits, that they

would never even have a hope of accessing by virtue of trying to get a job of

their own volition and through their own efforts. If in dispute, however, Mr.

Speaker, it is clear that the people could, by using our very own Labour

Standards laws and our own Labour Standards Act, insist upon being treated

according to the provisions of the act, and if that becomes an issue it will be

clarified in that fashion on an individual basis.

The other item in terms of remote employers, Mr. Speaker,

normal modes of transportation. If there are road links, and so on, that is not

normally considered to be remote, but if the access is limited to by water or by

air routes, and these are not in any way close to what normal transportation in

the 1990s would be considered, then it is considered and deemed to be a remote

work site. It also has to do with the number of people on that site. You might

be in a remote place by virtue of definition of how you get there by travel, but

if there are fifty people working there and they can access and help each other,

it is not considered to be remote. So it is a combination of where you are, your

remote or not, and those provisions are spelled out and can be checked on an

individual work site basis by contacting Labour Standards officers.

So, Mr. Speaker, we are very pleased with the amendments that

are being proposed in Bill No. 32. We think there are a lot of positive things

to help workers in Newfoundland and Labrador, and we will be doing everything

possible upon assuming passage of this bill to make sure that people are

informed of their new rights under the minimum Labour Standards of the Province.

With that, Mr. Speaker, I move second reading of Bill 32.

On motion, a bill, "An Act To Amend The Labour Standards

Act," (Bill No. 32), read a second time, ordered referred to a Committee of the

Whole House on tomorrow.

MR. BAKER: Order 8, Mr. Speaker.

Motion, second reading of a bill, "An Act To Incorporate The

Newfoundland Association Of Social Workers," (Bill No. 12).

MR. SPEAKER: The hon. the Minister of Social Services.

MR. GULLAGE: Mr. Speaker, this act would see the

incorporation of social workers under a legal association. All social workers in

the Province will have status now as an association and provide for registration

of social workers and recognition of social workers as a profession, giving them

the right to show registration with their association, very similar to other

professional groups and associations in the Province, such as the Association of

Registered Nurses, just as one example.

The name of the association, of course, would be the

Newfoundland and Labrador Association of Social Workers. They would have a board

of directors and various committees, provide for registration of social workers,

and in recognition of registration, when they have achieved a designation of

Bachelor of Social Work, or a Master of Social Work. It defines the social work,

a definition of a social worker, and a person who will be acceptable as

registered into this particular association.

The act would be binding upon employees of the government who

practice social work. It also defines those who are exempt under the act. It

provides for a transition period for those who are in temporary positions now,

because since 1984 there has been a - government, of course, decided that only a

Bachelor of Social Work or a Master of Social Work could practice the profession

of social worker. Since that time, any person placed in a position as a social

worker per se has been deemed as temporary.

So, under this act now, and by way of amendment, the

Government House Leader will be putting forward three amendments, actually,

three changes to the bill as it is printed.

One of those will deal with the fact that "permanently" will

be inserted rather than "temporary", and we will only recognise, for the

purposes of this act, permanent employees of the department. The temporary

designation will only apply for a period of seven years. It was five in the

original printing. So we are now giving a period of seven years - an individual

who is serving temporarily in a position now as a social worker will be given

seven years to complete requirements under the courses of Social Work at the

University, at the School of Social Work, any outstanding courses that they wish

to pursue, that they have to pursue, to complete their Social Work degree,

Bachelor of Social Work, or, indeed, a Master's, if they wish to go on and

complete a Master's.

AN HON. MEMBER: (Inaudible) minimum requirement.

MR. GULLAGE: That is the minimum requirement. So the

minimum requirement, as defined now, and it will come into effect if this

passes, will be a Bachelor of Social Work. You will have to have a Bachelor of

Social Work in order to practise the profession of a social worker. The

transition period, of course, will provide the opportunity for those who are

presently practising to upgrade their education and receive the Bachelor of

Social Work degree in that time frame.

Mr. Speaker, also, as I mentioned, we have moved the period

of time now. We have allowed seven years rather than five years. Those changes,

of course, are reflected in the amendment. Actually, as I mentioned, there are

three subclauses that will be affected by the amendment. But they all deal with

the period of time and the fact that now we are inserting the word "permanently"

instead of "temporary" wherever "temporary" appears in the clauses.

The act also outlines the constitution of the board of

directors. It gets into the regulations that the board may, subject to the

approval of the minister, make regulations respecting subjects of of examination

for applicants for registration; time and place of examinations; requirements

for registration; maintaining records; academic qualifications and experience;

various bylaws that the association would bring into effect, and so on.

Again, the purpose of this act, the broad purpose, is to give

recognition to our social workers and recognize them as a profession; allow them

an association to deal with matters pertaining to social workers and the

profession of social work. Of course, clearly outline that the education minimum

standards for practice as a social worker will be a Bachelor of Social Work, as

a minimum, and then having attained that degree, of course, they will be able to

practice social work and be registered as a professional social worker.

MR. SPEAKER: The hon. the Member for Burin - Placentia

West.

MR. TOBIN: Mr. Speaker, I have had the opportunity in the

past few weeks, particularly at the estimate committee meetings, to discuss some

of this with the minister.

I happen to have some views different from the minister and

different from the Member for St. John's East; but the Member for St. John's

East, and my colleague from Humber East, I guess, have been very involved in

this piece of legislation as well, and have discussed it with the minister.

I have a couple of questions to which I would like the

minister to respond when he is finished second reading. What is happening now, I

think it was in the mid eighties where government brought in a policy whereby

any social worker who did not have a BSW would only be a temporary social

worker. Since then, where BSW graduates finished, they were able to bump out the

people who were temporary replacements. I just want to ask the minister: Is that

going to continue, or will the ones who have been there for a number of years be

able to stay in their position? I would like for him to clarify that for me.

MR. SPEAKER: The hon. the Minister of Social Services. If

he speaks now he closes debate

MR. TOBIN: No, no.

MR. SPEAKER: Order, please!

MR. TOBIN: He is going to answer the question for me now

rather than close debate. We are just going to be a few minutes, if that is

(inaudible).

MR. SPEAKER: Okay. The hon. the Minister of Social

Services.

MR. GULLAGE: Mr. Speaker, yes, in fact we will continue

the practice of graduates with degrees of Bachelor of Social Work or Master of

Social Work having access to positions that are presently occupied on a

temporary basis by those who are deemed temporary, because they do not have

either one

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation1992-06-10
Typehansard
Volume / chapter1992-06-10
Languageen
Formathtm
SourcePROVINCIAL
Identifier9247157b3ddbea0e006e90bd33b8cbbfab43eda7

Source file is stored in the law ingest library (htm).