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May 17,

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 29

The

House met at 1:30 p.m.

MR. SPEAKER (Osborne):

Order, please!

Admit

strangers.

While I

don't see them, I've been asked to welcome Tim Thorne and Tim Turner to the

public gallery today. They are with the Murphy Centre, which is the subject of a

Ministerial Statement this afternoon.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

MR. SPEAKER:

For Members' statements today

we have the Members for the District of Harbour Grace Port de Grave, Fortune

Bay Cape La Hune, Conception Bay South, St. George's Humber, St. John's

Centre and Baie Verte Green Bay.

The hon.

the Member for Harbour Grace Port de Grave.

SOME HON. MEMBERS:

Hear, hear!

MS. P. PARSONS:

Thank you, Mr. Speaker.

It is

with pride that I stand here today to recognize my friend and local artist, who

you may have heard of, Bobbi Pike of Spaniard's Bay. Inspired by our scenic

province and our people, Bobbi pours her memories and experiences onto canvass,

creating her own version of the rock.

Newfoundland artist and now the author of the province's first adult colouring

book, which is entitled The Colours of

Newfoundland and Labrador , with her black and white sketches, she invites us

to colour the coves, communities and small moments of daily Newfoundland life.

Bobbi's

talent is world renowned. Her artwork can be found hanging in homes, galleries

and businesses throughout Canada, the United States, Australia, Denmark, Sweden,

Bangladesh, Germany and the United Kingdom.

Something interesting, in each of Bobbi's paintings you will find three crows.

Some are easy to see and some are hidden in the scenery. The reason: Nicknames

were developed in communities throughout Conception Bay North to distinguish

families with the last surname. Bobbi's maiden name is Seymour, and the nickname

is crow. Rumour has it that the first Spaniard's Bay constable was a Seymour. He

was often seen patrolling the lanes and drungs, wearing a long, black cape and

he became the first crow.

Colleagues, please join me in honouring hometown Spaniard's Bay girl, Bobbi

Pike.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for the

District of Fortune Bay Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

I rise

to deliver accolades to Mr. John Kendell who has shown tremendous fundraising

initiative through Cycling for Cancer, which has raised over $50,000 to assist

local cancer patients in my area.

This

July marks the 17th Annual Bay d'Espoir Cancer Benefit, where all residents band

together to reinsure that cancer patients have access to funding and support.

Through the efforts of volunteers such as John, this public fund has raised over

$1 million since 1999, a true testimony of our unified fight against cancer.

Today,

we thank and commend Mr. Kendell for his tremendous dedication which embodies

the Benefit's spirit of giving and caring. John is an inspiration to all of us

in our shared commitment of People Helping People. For nine years, he has led

the Cycling for Cancer ride down Route 360 and his group's triumphant entrance

to open the Benefit sparks the uplifting mood and spirit of generosity which

carries throughout the entire event.

I ask

all Members of this hon. House to applaud Mr. Kendell and I encourage him to

continue giving so whole-heartedly to his community. I also encourage more

cyclists to join John on his ride this year and wish them great success in their

fundraising effort.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay South.

MR. PETTEN:

Mr. Speaker, I rise today to

recognize and celebrate the incredible contributions of our volunteers.

Newfoundlanders and Labradorians have a rich history of volunteering and

community involvement. They are on the front lines of all our community services

from health care, disaster relief, volunteer firefighting, minor sports the

list is endless.

The work

of the volunteer is essential work and is the backbone of our communities. These

individuals, who give freely of their time through organizations or on their

own, provide a foundation upon which the communities can grow and prosper. In

turn, these stronger communities help build a more vibrant province and this can

be seen in Newfoundland and Labrador, more specifically in the Town of

Conception Bay South where I recently attended the annual Volunteer Appreciation

Ceremony at the Manuels River Hibernia

Interpretation Centre just last week

along with the MHA for the District of Topsail Paradise.

I want

to thank each and every volunteer who has given their time and talent to make

our communities a better place to live. Mr. Speaker, I ask all Members to join

me in thanking all volunteers in Newfoundland and Labrador.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for St. George's

Humber.

MR. REID:

Mr. Speaker, I rise today to

recognize two recent recipients of the Newfoundland and Labrador Teachers'

Association awards for their work as educators.

Rob

Matthews, from Massey Drive, is this year's winner of the Barnes Award from the

NLTA. The Barnes Award is named after Dr. Arthur Barnes, Newfoundland and

Labrador's first Education minister who in 1928 initiated a number of teacher

conferences to promote excellence in education. The award was established in

1987 to recognize outstanding professional development service provided by

teachers at the special interest council level. Matthews has been in the

profession for 25 years and has spent most of that time as a school

administrator.

The

other winner from the Corner Brook area was Katherine Rowsell, a learning

resource teacher at Corner Brook Regional High School. She is this year's winner

of the Bancroft Award, recognizing outstanding service at the branch level of

the NLTA. Katherine has been involved with the Humber branch of the NLTA since

1989 and she has filled a number of positions in that time.

I ask

all Members of the House to join with me in congratulating these award winning

educators.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for the District

of St. John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

I'm so

happy to celebrate one of our brightest literary lights. Megan Gail Coles is no

stranger to either readers or awards panels, and she's having another large

year.

In February, Megan was named winner of the 2015 ReLit Award

for Short Fiction. If the hon. Members have had the pleasure of reading her

book, Eating Habits of the Chronically

Lonesome , they will understand how well-deserved this award and all the

others it has won really are.

Her short story collection also earned Megan last year's

BMO Winterset Award, the Margaret and John Savage First Book Award and one of

five of the Writers' Trust of Canada's Five x Five award.

In 2013 she won the Rhonda Payne Theatre Award, recognizing

her as an emerging female theatre artist. Her dramatic script

Grace was a Senior Division winner at

this year's Arts and Letters Awards.

Megan is a finalist for this year's ArtsNL CBC Emerging

Artist Award, to be presented May 28.

Bravo, Megan Gail Coles for all you have done, continue to

do and will do for our vibrant literary community. We are so proud of you‎. We

are so proud of her.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER: The

hon. the Member for Baie Verte Green Bay.

MR. WARR: Thank

you, Mr. Speaker.

I rise in this hon. House to recognize the accomplishments

of a team of remarkable young women from my district.

A group of 12 girls from a number of high schools on the

Baie Verte Peninsula joined together to form the Baie Verte Emerald, the first

club volleyball team from the Peninsula. While most of the girls were

inexperienced at playing the sport of volleyball, you wouldn't know it at the

Under-18 Girls Provincial Volleyball Championships that took place in April.

At that tournament, the girls overcame a rocky start to

deliver a blazing performance in the semifinals and finals to clinch the

championship. It was the first provincial volleyball championship for the area

in such a long time.

The Baie Verte Emerald team members are: Tamara Jacobs,

Vanessa Cosh, Michaela Shiner, Theresa Walsh, Kristin Budgell, Jamie Walsh,

Mackenzie Andrews, Katie Knight, Kailey Gillingham, Abby Robins, Crystal Sacrey

and Chelsea Ward. They are coached by Marc Toms, Ryan Saunders and Hayley Shave.

They are the pride of the Peninsula, and a credit to the

great District of Baie Verte Green Bay.

I ask all Members to join me in congratulating the Baie

Verte Emerald for their championship victory.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

The Commemoration of the

First World War and the Battle of Beaumont-Hamel

MR.

SPEAKER: For

Honour 100 today, we have the Member for the District of Mount Pearl North.

MR. KENT: Thank

you, Mr. Speaker.

I will now read into the record the following 40 names of

those who lost their lives in the First World War in the Royal Newfoundland

Regiment, the Royal Newfoundland Naval Reserve, the Newfoundland Mercantile

Marine, or the Newfoundland Forestry Corp. This will be followed by a moment of

silence.

Lest we

forget: Francis O'Toole, Norman A. Outerbridge, Richard Owen, Walter Oxford,

Patrick Palfrey, George Richard Pardy, Augustus Percival Park, Cecil Parmiter,

Norman Parmiter, John Richard Parrell, Patrick Parrell, John Parson, Aubrey L.

Parsons, Bertram C. Parsons, Charles Albert Parsons, Charles H. Parsons, Harry

Parsons, Pierce Parsons, William Parsons, William Thomas Parsons, William W.

Patey, Reginald J. Paul, Stephen J. Paul, Frank Payne, Naaman Payne, Stephen

Payne, Archibald W. Peach, Henry W. Peach, Josiah Wesley Peach, William H.

Peach, Hector Pearce, Samuel R. Pearce, Jacob Pearcey, Edward Peckford, Alec

Peddle, Eli Peddle, Richard Peddle, Clarence Pelley, Cornelius Pender, Charles

Pennell.

We will

remember them.

(Moment

of silence.)

MR. SPEAKER:

Please be seated.

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

I rise

today in this hon. House to speak about the recent Council of Atlantic Premiers

meeting that took place yesterday, May 16, in Annapolis Royal, Nova Scotia.

The main

agenda topics discussed included strengthening the region's economy, improving

health care, enhancing energy co-operation and addressing climate change.

Mr.

Speaker, our dialogue around strengthening the economy focused on population

growth and workforce development as well as reducing red tape and barriers to

business in the region to support economic growth. Premiers also discussed

working together to expand access to high-speed Internet, particularly in rural

areas.

It is

important to highlight that with respect to climate change, Atlantic Canada is

leading the nation in mitigating the impacts of climate change and our efforts

will assist in reducing greenhouse gas emissions in Canada.

Mr.

Speaker, health care was also top of mind with a focus on patient-centered care

and improved health outcomes. Premiers discussed federal health funding

allocations and the need to consider cost drivers such as demographics and

prevalence of chronic disease in future enhancements to health care transfers.

I am

pleased to highlight that the Atlantic Provinces are moving forward with joint

procurement of anesthesia and ultrasound equipment. The estimated savings are

approximately $6.1 million over the next three years, with more savings to be

realized in coming years as governments work together to identify further joint

purchasing opportunities.

Mr.

Speaker, I was glad to participate in this productive meeting and to put forward

the interests of the people of Newfoundland and Labrador.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

I thank

the Premier for an advance copy of his statement today. We know co-operation

amongst Atlantic premiers is important and benefits can certainly be born of

these relationships. I do, however, find it interesting that the Premier's

discussions focused heavily on strengthening the economy and population growth,

certainly in stark contrast to the Liberal budget we've seen here in this

province, the one that has smothered our economy, devastated our residents and

shattered business confidence.

Hopefully, the Premier was able to borrow some good ideas from his counterparts

in Atlantic Canada. The fact is people in this province see our government's

budget as a population growth strategy. Unfortunately, it's not one for

Newfoundland and Labrador; it's one for the rest of Canada because a lot of our

residents are going to leave here and head to other provinces. We know the other

premiers will certainly benefit from that.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I thank

the Premier for the advance copy of his statement. I note the premiers discussed

the federal health transfers, but I would have liked to have heard a strong call

from them urging the federal government to move to a formula that doesn't hurt

provinces with small and aging populations. We're waiting too long for this.

The

discussion about strengthening the economy is rather ironic when this government

is doing everything to weaken our economy and create barriers to business and

jobs.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Mr. Speaker, I rise today in

this hon. House to highlight our government's support for mineral prospectors in

this province and to inform residents of ongoing registration for the upcoming

Prospectors Training Course.

The

provincial government is partnering again this year with the College of the

North Atlantic to offer the course, which qualifies those who complete the

program for a Genuine Prospector designation under the province's

Mineral Act . A Genuine Prospector can

stake up to 30 claims a year without having to pay a security deposit.

The

Prospectors Training Course is intensive and field oriented and provides

training in prospecting and sampling methods, rock and mineral identification,

basic geology and mineral deposit types. This year's course is being held at Bay

St. George campus in Stephenville from May 30 to June 10. Applications are being

accepted up to May 23, and I invite anyone who has a keen interest in

prospecting to find more information on the Department of Natural Resources

website.

encouraging prospectors, our government is providing a basis for future mineral

development. We support the mining sector through such areas as prospector

training and mentoring, the Mineral Incentives Program, public geoscience, the

core storage program, promotions and efficient and transparent regulation.

The

mineral industry employs over 7,000 people in this province, a majority of them

in rural areas, and there is significant investment in exploration, development

and mine operations.

We are

committed to achieving long-term sustainability in the mining industry. The

Prospectors Training Course supports this goal by providing educational

opportunities to encourage growth and development in the mining sector.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

I thank

the minister for the advance copy of her statement today. I, too, would like to

bring attention to the upcoming prospectors training course and to encourage

individuals with an interest in mineral development to register for the course.

Mr.

Speaker, I'd also like to thank the program partner, the College of the North

Atlantic, for offering the course again this year. This program has been

educating prospectors for over two decades and interest in the program continues

to grow.

believe that investments in this program will lead to a brighter future for the

mining industry in our province and there's lots of potential. However, I'd like

to take a moment to note that it's been some time since the minister has given

the people of the province an update on mining activity in the province,

especially on activity in Labrador. So while the minister says that government

is committed to achieving long-term sustainability in the industry, I

respectfully challenge her to outline what actions she's taken since coming into

office to support this commitment.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East Quidi Vidi.

MS. MICHAEL:

Thank you, Mr. Speaker.

I, too,

thank the minister for the advance copy of her statement. It's good news that

the program is being offered again. I hope as many people as possible will take

advantage of this course. I also hope women will be encouraged to participate

and that the minister has ensured resources are in place to encourage women into

this typically male-dominated profession.

We are

enthusiastic about the mining industry but it must be sustainable both

socioeconomically and environmentally and must bring solid benefits to all the

people of the province.

Thank

you, Mr. Speaker.

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I rise in this

hon. House today to acknowledge the important work of the Murphy Centre.

The

Murphy Centre was originally established in 1986 in response to youth whose

educational needs were not being met in the traditional classroom setting. From

the high school credit program, personal development and career services, to the

Adult Basic Education program, this centre helps young people reach their

academic goals and prepares them for future employment opportunities.

Last

week, I had the pleasure of visiting the centre to meet with staff, students and

teachers to discuss the centre's various programs and achievements over the past

year.

From the

time you walk into the Murphy Centre you become a part of the community. The

compassion and interest in a student's development and achievement was evident

in every teacher I spoke with.

We don't

always know the life experiences that impact and shape a student's life. This

September, the Murphy Centre will celebrate its 30th anniversary. I am very

pleased that the provincial government continues to support the centre which

provides alternative ways for our students to learn.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

I want

to thank the minister for an advance copy of his statement. I, too, would like

to extend my congratulations to the Murphy Centre on their 30th anniversary.

They continue to provide valuable education service to the students as part of a

community.

I had

the privilege some 30 years ago to be part of the opening of the Murphy Centre

and have seen first-hand over the last number of decades the great work they do

and how they are a community when it comes to creative ways of providing

education to people who have some challenges.

I, too,

particularly would like to acknowledge the two Tims, the captains at the helm of

the Murphy Centre, Tim Turner and Tim Thorne, who for decades have guided the

Murphy Centre to where it is today.

behalf of the Opposition, congratulations, and we wish them many more years of

educating our young people.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I, too,

thank the minister for the advance copy of his statement. I'm delighted to

congratulate the Murphy Centre on the 30 years of helping so many young people,

including many who have gone on to achieve major academic career and life goals.

The

Murphy Centre has proven time and again that alternative learning methods are of

great value. Given its success, I ask government to actively encourage similar

learning centres, with the Murphy Centre as a model, to operate in other areas

of the province.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Order, please!

Oral

Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of the

Opposition.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

Thank you, Mr. Speaker.

Mr.

Speaker, during the election campaign just a few short months ago, one of the

Premier's many promises made was to turn an $8 million economic development

investment into $78 million this year. He promised to sell government assets to

raise $50 million.

I ask

the Premier, if taxing and fees is the only new generation of revenue that this

government will create. If not, when will you reveal your new revenue generation

plan?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

The

election platform was one that we put out there. Of course, we still see

significant opportunity within assets around our province that were future

assets that really do not deliver any services to the people of our province

right now.

It's

important we get an assessment of where these assets would be, and in many

situations work with communities because they could actually take advantage of

some of the opportunities that would see in their communities to use these

retired assets. In some cases it's just a matter of reducing the cost. That is a

savings for the current government.

Unfortunately, what we've seen from the prior administration, they continued to

ignore the stranded value or the cost that was costing our government for many,

many years. Many of these empty buildings are sitting in many communities in our

province right now that could add benefit to communities, but is no longer a

benefit to government.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

So I

guess the $8 million plan, the investment to create $78 million, is off the

table and there is no other new revenue generation. We know there are only two

options: one is to generate revenue and the other one is to reduce programs and

expenses. We know we have another budget coming the fall.

I ask

the Premier: Your plan still continues, I would think, to cut jobs this fall.

When are you going to come clean with the public servants of Newfoundland and

Labrador and let them know what's in their future?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

It's

interesting today that the former premier mentions the two options that you

have, either to increase revenue or reduce programs or costs, as he mentioned,

within government. It's unfortunate that he did not do a better job of that and

just pretend the last 10, 12 years of his administration didn't exist, because

that's what we've seen right now. The failure to actually plan and manage for

the future of our province leaves us in the situation that we're in today.

The

commitment that we've made to public sector workers, we stand firm to this, is

to negotiate in good-faith bargaining. We value our public sector workers for

the work that they do in supplying critical services to Newfoundlanders and

Labradorians.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Again,

we have no answer from the Premier. Premier, economists are suggesting that to

meet your Liberal target budget amounts and your promises from last year's

campaign that substantial reductions in programs will have to occur.

If you

won't tell me what the impact will be on public servants, maybe you'll take some

time to explain what programs you intend on reducing and cutting further in the

fall budget coming up.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Interesting the former premier mentions about plans and so on and how we would

pay for those. In his own election platform just a few months ago that he said

earlier, they had this long-term care strategy, as he called it, to put services

in place in Newfoundland and Labrador. When you look for the budget figure on

that cost, it was kind of cost neutral.

Well, I

guess it would be very difficult to understand if you had a program and it would

be cost neutral. Who, indeed, was going to be making the donation to actually

provide the operations of that?

So these

are some of the shortfalls that we've seen from the previous administration. For

us, it is still good-faith bargaining, a fair negotiating process for

Newfoundlanders and Labradorians with our public sector unions.

It seems

to me the former premier would want us to negotiate in the public. That is

something that we are not prepared to do.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Well the

question was about programs, not about public servants, and the Premier still

refuses to answer.

People

stop me every single day, and they say: Why is it they won't answer a question

you ask in the House of Assembly? They never do it. They never provide an

answer, and we're seeing it again here today, Mr. Speaker.

I will

try this with the Premier. Yesterday, the President of the Canadian Bar

Association for Newfoundland and Labrador when referring to court closures

said, Closure of such courts works to undermine access to justice for residents

of this province, and in particular the most vulnerable and impoverished

residents ....

Mr.

Speaker, I ask the Premier: If you're making decisions based on evidence and

listening, why are you closing the courts when there's so much evidence saying

you shouldn't do so?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I'm

happy to stand here and speak to this. Certainly, I did receive correspondence

from the local president of the Canadian Bar Association. In fact, I'm looking

forward to having a chat with them very soon to discuss this.

Again,

as the representatives for lawyers in this province, I would certainly expect

that they are going to contact us and talk about legal services and courts

closing. I would expect no less.

The fact

is we have to make very tough decisions. They are certainly not decisions that I

like having to make but we have to make tough decisions based on the situation

we find ourselves in.

It's not

something that the Member opposite likes to bring up, but the fact is he

actually closed circuit courts in many parts of rural Newfoundland when his

government was in power.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

So the

Minister of Justice and Public Safety rises and criticizes us for closing

courts, and what does he do instead of fixing it? He closes more, Mr. Speaker.

That's what we get from Members opposite. They dig deeper. He said what we did

was wrong and he does even more of it. That's what their answer is over there.

Mr.

Speaker, I will ask the Premier this, or maybe the Minister of Justice will

answer on his behalf again. Because people are going to be challenged in

travelling the long distances to court I'm told there are about 80,000. I

think one of the Members behind you quoted, I think, 80,000 citizens utilize the

court in Harbour Grace.

What

programs and supports will you provide to the people who are going to be

challenged with the need for transportation back and forth to St. John's to

avail of court services? What programs and services will you provide for them?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

Certainly the first thing I would suggest to the Member opposite is that he at

least get his math right because the number is certainly nowhere near 80,000. In

fact, if this is the kind of inaccurate information that the Member opposite if

going to put out, unfortunately this is going to do nothing but cause more fear

amongst the public.

The fact

is we've had to make difficult decisions but, unfortunately, they are not

decisions that we haven't seen elsewhere. There are many individuals in this

province that have to travel tremendous distances to appear in court whether

it's at a provincial or Supreme Court level, people on the West Coast, people in

Central. That's not something that we like. It's not something that I'm sitting

here saying we need more of but the fact is we have to make difficult decisions.

When it

comes to Harbour Grace the bigger decision is why was this historic courthouse

left to rot and be placed in a dilapidated situation where it requires a fix of

$5 million to $10 million?

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

We're

just quoting from Members on your own side of the House, I say to the minister,

in information that we're hearing that they are sharing with their own

constituents. In fact, Members in the back row have tried petitioning their own

government, but the voters from their districts are wondering: Are the MHAs

actually advocating for them or are they doing it just for show?

Now,

just yesterday the MHA for Harbour Grace Port de Grave, on plans to close the

Harbour Grace courthouse, stated in the media that the facts are there, is what

she said. Thousands of people in this region come through the doors of the

courthouse annually.

So if

you won't listen to the people, you won't listen to anything we have to say or

ask, will you listen to your own Members?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Mr. Speaker, the fact is that

many of our Members and I don't think anybody is happy with a lot of the

decisions that we've been forced to make, faced with the situation left to us by

the former premier and his government.

The fact

is we encourage these things. In fact, I encourage the Member to continue to

work for that. I've had a number of conversations with her and a number of

conversations with the mayor of that community. The fact is I don't expect them

to like this situation, but we encourage them to put forward their views as

opposed to the Opposition who, when they were in government, stifled any

dissent. However, I did see one petition during Bill 42 that was signed by their

own staffers.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Well, I

look forward to the budget vote to see if they are standing with their people or

with their government opposite.

We know

the Canadian Bar Association has written the minister. We know a group of

lawyers from that region have written and expressed serious concerns with the

closure of the Harbour Grace courthouse in particular. It is not about the

building; it's about the service provided to the people and access to justice

provided to people.

He just

said himself mayors are having difficulties with it and his own Members, his own

MHAs, are saying it's wrong; it's not the right thing to do.

If you

want to be a listening government, you say you're going to respond to what

people say, Premier, why is it you're not listening to people when they're very

concerned about the delivery of justice in that area?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Mr. Speaker, I think that one

of the things that Member opposite forgets is that in order to have access to

justice, you do need a physical structure in which to have the court. The

problem we're faced with in Harbour Grace is that the historic courthouse was

left to rot and requires a fix of $5 million to $10 million. We are forced then

to accommodate another building at a cost of $300,000 per year, which is just an

extraordinary amount of money when looking at the other situation we're placed

in.

In fact,

I've been in touch with our Members and everybody else to say, look, we're

always willing to listen to solutions to fix these problems. Of course I'm going

to hear from lawyers in that area. This is something that is going to affect

them and their clients.

Again, I

look forward to having a meeting with that crowd as well to listen to their

views, hear what they have to say and always work towards finding a better way

forward.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

We are

hearing from many library users and librarians that the process used to select

which libraries will be closed was flawed. Users in rural areas are baffled as

to why their well-utilized libraries are now slated for closure.

Can the

Minister of Education table the evidence used to select which libraries will

close?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Yes, Mr. Speaker, the board

that was appointed by the previous government and, I guess, selected in other

means across the province made this decision based on empirical evidence. We

recognize, along with the board, that the libraries of tomorrow are different

than the libraries that we've had in the past. That's why the board decided to

move to a regional model as part of the Government Renewal Initiative.

If the

Member has any questions he has not contacted me, to date I will provide him

with a response, as I have, with single member of the public who has contacted

me about this to date.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bay Island.

MR. BRAZIL:

Mr. Speaker, the minister

continues to blame the volunteer board. I spoke to the library board and was

told that they were presented with five scenarios by the department and that

government through the removal of funds forced the library board to select

the best of the worst scenarios.

Can the

minister confirm that this is true?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I can confirm

that is not true. As part of the Government Renewal Initiative all departments,

agencies, boards and commissions of government were asked in January to find up

to 30 per cent savings because of the fiscal cliff that we going over as a

result of the wasteful spending of the government that was here previous to this

one.

As a

result of that process, the Provincial Information and Library Resources Board

submitted four presentations to government the Provincial Information and

Library Resources Board submitted four presentations to government, one of them

was about the closure of somewhere in the order of 70 community libraries. The

officials in the department worked to refine the fifth proposal.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

I make note to the minister

that it was his department who forced the libraries board to use a process that

was good for them. The president of the Newfoundland Federation of School

Councils stated in the media that full-day kindergarten shouldn't be rushed

through at the expense of the education of older children.

Mr.

Speaker, the Liberals have no trouble tossing away other promises they made. Why

are they pushing through now on the backs of older children?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, Newfoundland and

Labrador is the last province in Canada to implement a full day of kindergarten.

We are the last province in Canada to implement a full day of kindergarten.

Last

week, we had three people come to the province from British Columbia, from

Ontario, from Nova Scotia to do professional development with senior

administrators in the province about the benefits of full-day kindergarten. We

have talked about the research here at length. I won't recite all of that

because I really don't have enough time in my response. However, we are going to

be ready for this program in September and have made significant investment in

it thus far. It makes absolutely no sense, considering the return on investment,

to reverse direction now.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Apparently only the minister

thinks that this is the right move at this time.

Instead

of increasing class cap sizes, introducing combined classrooms and reducing

intensive core French, I ask the minister: Will you consider postponing the

implementation of all-day kindergarten?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I encourage the

Member opposite to read the weekend The

Telegram on a regular basis. There was an editorial or there was an

opinion piece in there last weekend at around 300 or 400 words from Dr. David

Philpott, who's an expert in early learning and special education and affiliated

with the Jimmy Pratt Foundation. It's a local philanthropic organization that

has been advocating for better early learning and care for years. Also by

Margaret Norrie McCain who is with the Margaret and Wallace McCain Family

Foundation, another philanthropic organization that has pushed the previous

government into implementing full-day kindergarten.

There

are plenty of voices in favour of it. I get emails on a regular basis and calls

from people who want to move ahead. So I don't know why the Member wants to pull

the rug out from under their feet.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

I guess when the time is

right I'll share the tens of thousands that I get about people who are saying we

shouldn't move forward right now with that tens of thousands.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

We'll have a good debate come

budget time.

This

past Saturday, I attended a large rally at Riverside Elementary. It was

organized by parents and students upset with the recent decision to axe the

planned expansion of the school.

Why was

that much-needed project axed by the Liberals? Parents, students, teachers, even

the local MHA want to know the answer.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

I'll tell you the answer, Mr.

Speaker. Despite having access to some $25 billion in oil and other royalties

and income, the previous government waited until they were on their way out the

door last year to announce several hundred million dollars' worth of

infrastructure.

Now I

don't know why modular classrooms are no longer suitable to the Official

Opposition because during the time that they were in government, actually over

the past six years at a cost of about $18 million to $20 million they employed

they put in 41 modular classrooms at schools across the province.

Holy

Trinity Elementary in Torbay has eight modular classrooms and I never heard the

Member for Cape St. Francis ever say a word about that being a bad direction to

go in.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Mr. Speaker, obviously I need

to clarify to the minister that modular classrooms are a good tool but in our

administration we built 38 new schools. We renovated 42 other ones to ensure

people

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

had the proper learning

environment, Mr. Speaker.

The MHA

for Terra Nova is now writing me to find out the status of work completed on

Riverside Elementary.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. BRAZIL:

Can the minister advise the

House of Assembly and his own caucus Members, what work has been undertaken to

support renovations to Riverside Elementary prior to taking office in December?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development

MR. KIRBY:

Mr. Speaker, I could report

that the previous administration did very little work on preparing for the

extension to Riverside Elementary very little work. I would say that it was

such a pressing issue, why is it they waited until the dying days of their

administration to do something?

As I

said before, modular classrooms were used over a period of six years by the

previous administration. They put in 42 modular classrooms. Villanova Junior

High had five put in; Paradise Elementary had four put in; Dorset Collegiate had

four put in, and I could go on and on about this. With the five modulars that

are going to be added to Riverside Elementary, we don't see there being any

school capacity issues in terms of enrolment going up to 2021. After that, the

pressure is even less, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

Again, Mr. Speaker, I'll

explain to the minister that the modular classrooms while necessary were a

temporary fix. We were moving forward to enhance learning and the environment

for students to learn productively.

Five

schools are slated for closure, three have had construction delayed and three

have construction deferred indefinitely.

I ask

the minister: How do you expect thousands of our students to continue in

overcrowded schools while various educational programs are being cancelled due

to lack of space?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

It is interesting that the

Member opposite gets up and talks about overcrowded schools. I was at a public

meeting in Portugal Cove-St. Philip's just over a year ago where that Member

guaranteed parents, teachers and students in Portugal Cove-St. Philip's that the

new school they promised for years was going to be ready for this September.

Well,

that Member was minister of Transportation and Works. As a result of his

incompetence in that position, that school is not going to be ready for this

September; in fact, it will not be ready for another full year. Then he has the

gall to stand up and complain about overcrowding.

You

should have done something about it when you were over here. Don't complain

about it now.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

I'm asking all Members of the

House, when a Member is stood and recognized to speak that we respect that

Member's right to speak. Both sides of the House, I'm asking again today to

respect the Member that's stood and recognized to speak.

The hon.

the Member for Mount Pearl North.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

Thank you, Mr. Speaker.

Yesterday, the Premier sent out a news release with other Atlantic premiers

talking about economic growth. Here at home, the Liberal budget will grind our

provincial economy to a halt.

I ask

the Premier: How can you suggest that you're focused on growing the economy when

your budget does the opposite?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

I'm sure

the former deputy premier would know that if he went back over his own budget

documents for several years now, you would see that the trending in terms of the

economy in our province all the economic indicators were pointing downward for

this period of time. It's unfortunate that the former deputy premier did not

plan for where we are today because in the anticipated deficit that we are

oil, which is what they built their whole administration on, it would have to be

at $148 a barrel to actually get us to a balanced budget right now.

There

are extreme difficulties and fiscal challenges that we're facing within this

province. I would just wish that we were in a situation today that there had

been better planning for the economy in our province. I can assure you right now

that we will put corrective measures in place and we will get the economy of

Newfoundland and Labrador back on the right track.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

MR. KENT:

Mr. Speaker, we had a plan

and we were honest about it.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

We grew the economy while his

budget will shrink the economy of Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

Mr. Speaker, the Premier has

been in office for almost six months. All we hear are vague statements. All we

see are broken promises.

I ask

the Premier: What specifically has his government done to diversify and grow our

economy?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, it

seems to me the former deputy premier wants to stand by his own economic plan

for the future of our province. As an example, one year ago they were predicting

the deficit in our province would have been just shy of $900 million.

actual fact, as a result of the work of their administration, which was dreadful

at its best, and I can assure you now would have gotten a failing grade by

anyone who would have assessed it, we would have been not a $900 million deficit

but, indeed, it would have been a $2.7 billion deficit.

I would

ask the former deputy premier when he stands up again: Is he satisfied with a

$2.7 billion deficit, asking future generations to pay for the things we enjoy

today? Is that still his position?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

I'll tell the Premier what

I'm not satisfied with. I'm not satisfied with his lack of leadership, Mr.

Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

His budget will shrink the

economy. His budget will drive young people away from Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

His budget will drive people

in this province into poverty.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

I ask the Premier: When will

you start taking responsibility and showing leadership? Where is your economic

plan?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

First

and foremost, we have to make responsible decisions. Something the former deputy

premier did not do. Accept responsibility for your own actions and stop

pretending that the last 10 or 12 years didn't exist under your administration.

We are

taking corrective measures today. It starts with getting your own fiscal house

in order. It's something we had to do. We've had to make some tough decisions,

Mr. Speaker, I would say. We know that and we understand that, but you can never

create an economy, never get your economy back on track, first and foremost you

have to get your own financial house in order. That is the corrective measures

we've taken. In doing so, we've protected seniors in our province, low-income

earners in our province and the most vulnerable.

We will

continue to do that. We will work with the business community in our province to

make sure we do have a strong economic future.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

Mr. Speaker, lots of blame

and no plan.

The

Atlantic premiers talked about the importance of population growth in growing

our economy. The recent budget in this province will shrink our economy and

drive young people away.

So what

is our government doing to support growth in this region? Is the Premier

actually supporting his Atlantic colleagues by driving people out of our

province and into theirs? Is that part of his plan, or does he have a plan at

all for the economy, Mr. Speaker?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, in

Budget 2016-2017, there are significant investments that would create many

hundreds of jobs in Newfoundland and Labrador infrastructure investments,

nearly $570 million worth of infrastructure investments over multi-years. We've

worked with many associations within our communities that actually drive much of

the work that occurs there. This creates economic activity. Mr. Speaker, in

doing so, we will always protect the most vulnerable in our province.

Full-day

kindergarten is another example of investments that we are making in young

families in Newfoundland and Labrador. So inside this budget, there are

certainly many different things that will actually spur the economy and create

economic growth; infrastructure spending is just one of those.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

Mr. Speaker, is the Premier

actually suggesting that this budget which will grind our economy to a halt, is

he actually suggesting that it's going to grow the economy?

For 10

years we grew the economy. Now, six months in, the Premier continues to

demonstrate that he has no plan and he has taken no action.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. KENT:

He won't answer my question,

Mr. Speaker, so I'll ask him again: What is your plan to grow the economy in

Newfoundland and Labrador? You've had six months, still no plan.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well the

former deputy premier talks about the last six months and no plan. What we saw

for 12 years was one plan, single focus, nothing but oil. Once oil fell off and

the production declined and price declined, the economy stalled. The economy was

brought to its knees.

What

they see for the future of Newfoundland and Labrador is continue to borrow,

create debt and let debt be the second biggest industry in our province. That's

their administration. That was their plan; continue to borrow so the next

generation will pay for the benefits that he wants to enjoy today.

Ask your

kids how much are they prepared to pay on your behalf, I'd say, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Before I recognize the hon.

the Member for St. John's East Quidi Vidi I'm not cutting into her time;

they will get their five minutes. The level of noise in the Legislature during

question and answer period is not acceptable. I've allowed some chirping back

and forth, without loud or continuous heckling. I'm getting to the point that

that is going to be cut out completely as well.

If I

can't hear the speaker who is recognized to speak myself, neither can anybody

else.

The hon.

the Member for St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

This

government promised to take politics out of government appointments to agencies,

boards and commissions, but last night in debate on Bill 1, the

Independent Appointments Commission Act ,

this same government voted against an amendment that would have seen the

commission selected by an all-party committee of the House rather than by

Cabinet.

I ask

the Premier: How does keeping control of the makeup of the commission in

Cabinet's own hands lead to the less partisan system they promised?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

The

Independent Appointments Commission that will be established in Newfoundland and

Labrador, I think is a great step forward in putting people, individuals, in

Newfoundland and Labrador that are merit-based, has the technical experience, to

help make the decisions that we must make in Newfoundland and Labrador. These

appointments, which are really something that we have never seen in our province

before as you know, prior administrations, even some NDP administrations that

we see in other provinces, have not taken the proactive measures that we've

taken to put in place.

What you

will see here is there will be a resolution with the commission's names that

will come to this House. They will debate it here and then the committee will be

put in place. We will use our Public Service Commission; unlike we've seen in

this Legislature or in this province any time in the past.

So I'm

looking forward to seeing some fantastic names, and I encourage all Members in

this House to reach out into the community, engage Newfoundlanders and

Labradorians in some important work that needs to be done in our province.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East Quidi Vidi.

MS. MICHAEL:

Thank you, Mr. Speaker.

I ask

the Premier: How does a body that merely makes non-binding recommendations to

Cabinet or to a particular minister and is itself selected by Cabinet be named

an Independent Appointments Commission?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

As I said earlier, Mr.

Speaker, the self-selection that the Member refers to actually, the names will

come through a resolution in this House of Assembly here and then she will have

the opportunity to have her say.

I'm

suggesting and I will predict something that she will actually support and

endorse those names. I think she'll be very proud and when she's asked by the

media to respond to this, I believe that the Member opposite will be supporting

those names. That's what I'm suggesting right now and predicting.

Added to

that, the people that will be serving those boards, we will be reporting to the

House of Assembly on the people that would be doing the work that is required

and we are going to be asking them to do. I think that it would be very fair to

the individuals that she may know that would be interested I would suggest

that you go out and get those people in Newfoundland and Labrador that can add

that valuable contribution which is required.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East Quidi Vidi.

MS. MICHAEL:

Thank you, Mr. Speaker.

I ask

the Premier: What process will we use; they would not vote for an all-party

committee, so we aren't allowed to tell them who to put on the commission.

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

I think

there's probably a step in the process that the Member opposite has forgotten

about: the Public Service Commission. Resumes and people that are interested

will feed into the Public Service Commission. They will be screened and based on

the experience and the technical ability that they would have to be part of some

of our valuable boards and agencies that we would have in our province, then

that would be taken to the commission that I am sure the Member opposite will be

supporting in the next few weeks.

With

that, the names will be selected and the Independent Appointments Commission, we

will use that process. We will put some great people in Newfoundland and

Labrador, people that we have not seen. It will not be based on political

patronage, as the Member opposite is suggesting, but we will have

Newfoundlanders and Labradorians in the right place doing the great work that

I'm sure they're interested in doing.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Mr. Speaker, I ask the

Minister Responsible for the Status of Women: Did she ask the Women's Policy

Office to analyze and apply a gender lens to Bill 1,

An Act to Establish an

Independent Appointments Commission. If so, will she table that report?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, as the minister

responsible for the Women's Policy Office, I can assure the Member opposite that

office was engaged in the construction of the legislation that we debated in

this House last night. I'm very proud of the work that has been done by that

office.

I'm even

prouder of the fact that, from an operational perspective, we've already begun

conversations with important stakeholders to make sure that the opportunity for

women to participate in the Independent Appointments Commission process is one

that is taken advantage of by every woman in this province that wants to do

that.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time for Question Period

has expired.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Notices

of Motion.

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

To the

hon. House of Assembly of the Province of Newfoundland and Labrador in

Parliament assembled, the petition of the undersigned residents of Newfoundland

and Labrador humbly sheweth:

WHEREAS

as a result of Budget 2016 , X-ray

services at the Bonavista Peninsula Community Health Centre will be closed after

4 p.m. until 8 a.m.; and

WHEREAS

this will mean that anyone needing an X-ray after 4 p.m. will have to travel

elsewhere via ambulance; and

WHEREAS

as a result of Budget 2016 , laundry

services will also be cut resulting in laundry being transferred to St. John's;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to immediately direct Eastern Health to reverse

cuts to X-ray and laundry services at the Bonavista Peninsula Community Health

Centre.

And as

in duty bound, your petitioners will ever pray.

Mr.

Speaker, we're hearing from concerned people right across Newfoundland and

Labrador. I've been hearing a lot from people on the Bonavista Peninsula.

Today's petition is signed by residents of Port Union, Bonavista and Catalina.

They're very concerned about cuts, not only to health services but to other

services in the region as well.

In fact,

there's a story in the media today featuring a community activist who is so

concerned about cuts to the AES office that she used her own vehicles to block

the doors of the office. It's a sign of desperation, Mr. Speaker.

People

feel they're not being heard. They're not being listened to. They don't have a

voice. So we will do our best to ensure people, no matter where they live in the

province, no matter what district they find themselves in, that they do have a

voice.

Specifically to the health services, there are many concerns being expressed by

residents of the Bonavista Peninsula. One resident wrote me and feels that

physicians will no longer want to come here to work, with no diagnostic testing

available on evenings and weekends. Locum physicians will also be reluctant to

come here during physician shortages.

Nurses

are already working tremendous amounts of overtime and extra hours. The lack of

X-ray services will result in increased workload with transfers to other

facilities, usually double time for travel, increase stress for nurses

monitoring patients who do not have a diagnosis. It's a major patient safety

issue. X-rays are used to rule out many different types of potentially

life-threatening conditions. This will affect Port Rexton, Trinity, the Southern

Bay down to Bonavista.

Mr.

Speaker, people have real concerns. They want answers on how any of this will

actually save money and they want answers on how it will impact their safety and

their lives on the Bonavista Peninsula.

I'm

pleased to have the opportunity to raise these concerns in the House of Assembly

on behalf of those residents.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

To the

hon. House of Assembly of the Province of Newfoundland and Labrador in

Parliament assembled, the petition of the undersigned residents humbly sheweth:

WHEREAS

the Deficit Reduction Levy is an extremely regressive surtax placing a higher

tax burden on low- and middle-income taxpayers; and

WHEREAS

surtaxes are typically levied on the highest income earners only as currently

demonstrated in other provinces as well as Australia, Norway and other

countries; and

WHEREAS

government states in the 2016 provincial budget that the personal income tax

schedule needs to be revised and promises to do so;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to ensure that the Deficit Reduction Levy be

eliminated and any replacement measure be based on progressive taxation

principles and that an independent review of the Newfoundland and Labrador

provincial income tax system begin immediately to make it fairer to

Newfoundlanders and Labradorians;

And as

in duty bound, your petitioners will ever pray.

Once

again, Mr. Speaker, I bring another load of petitions into the House that have

been sent in by people who are just absolutely, totally concerned about what's

going to happen to them when all the different measures that are in

Budget 2016 are put in place, the levy

being one of the big ones that really concerns them.

As I've

said before in this House, whether it's people who are here in St. John's,

people who are in Wabush, Labrador, people who are down the Southern Shore, from

all over the province I have petitions today, Mr. Speaker. These people are

really worried, both about and about others. Low-income people and low

middle-income people are going to be severely hit by this budget, and government

continues to refuse to recognize what's going to happen.

Middle-income people have proven to us that they are going to be losing a good

$3,000 to $4,000 from their pocket. Money they don't have, Mr. Speaker. They are

concerned also about people who are lower than they are. People who are living

on $20,000 a year and less do not have any extra money in their pockets, Mr.

Speaker, to pay the rise in the HST, to pay another 18.5 cents on every litre of

gas that goes into their automobiles.

We're

going to see a rise, Mr. Speaker, in people lined up for food banks in this

province. I hope this government will be happy when they see more people lined

up for food banks in this province. If the Premier likes to say to me when he

stands on his feet I'll be happy with what they come up with, the commission.

I'm going to tell him, I'm not going to be happy when we see what happens with

this budget.

Thank

you very much.

MR. SPEAKER:

The hon. the Member for

Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

Today I

present a petition to the hon. House of Assembly in the Province of Newfoundland

and Labrador in Parliament assembled, the petition of the undersigned residents

of Newfoundland and Labrador humbly sheweth:

WHEREAS

our province's seniors deserve quality care and assistance when residing in

long-term care facilities; and

WHEREAS

our province is currently experiencing an escalating shortage of long-term care

beds;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to explore all options, including partnerships,

to create new long-term care beds in the province.

And as

in duty bound, your petitioners will ever pray.

Mr.

Speaker, I guess this is an issue that's been talked about at great length over

the last number of years. Everyone knows long-term care is one of the biggest

issues facing our seniors in the province. As we all know, we have an aging

population. Seniors have been a great topic of discussion.

The

previous government made great strides toward trying to deal with the long-term

care shortage in the province by moving forward on some new strategies and

creating more long-term care beds; but, as we know, the current government

decided to go another route which we've yet to see the alternate plan outside of

closing Masonic Park.

Mr.

Speaker, seniors need our attention. They are asking for us to speak up for

them, which is what we're doing here now. Long-term care is a real issue. Sound

bites are great but action is better.

The

closure of Masonic Park is even though a net gain, net loss. We're being told

there was no loss in beds but regardless, the beds that were lost at Masonic

Park are still lost through the system.

When you

have our hospitals being occupied now by seniors waiting to get into a long-term

care home, it is a real issue, Mr. Speaker. I deal with it in my own district. I

have several heartbreaking stories of seniors trying to get into homes, trying

to get with their spouse. We have a real shortage.

We're

still waiting on the current government to follow through on some of their

commitments. As I said before, you live in hope and die in despair, but I hope

it is a hopeful thought.

We need

to find ways to make progress. Find new innovative ways to deal with the real

issue being experienced by real people in this province, Mr. Speaker, and they

are seniors.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Thank you very much, Mr.

Speaker.

To the

hon. House of Assembly of the Province of Newfoundland and Labrador in

Parliament assembled, the petition of the undersigned residents humbly sheweth:

WHEREAS

government has once again cut the libraries budget, forcing the closure of 54

libraries; and

WHEREAS

libraries are often the backbone of their communities, especially for those with

little access to government services where they offer learning opportunities and

computer access; and

WHEREAS

libraries and librarians are critical in efforts to improve the province's

literacy levels which are among the lowest in Canada; and

WHEREAS

already strapped municipalities are not in a position to take over the operation

and costs of libraries;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to keep these libraries open and work on a

long-term plan to strengthen the library system.

And as

in duty bound, your petitioners will ever pray.

I think,

Mr. Speaker, our celebrated writer Kevin Major probably, most accurately in one

line summed up the reaction of the people of the province to this announcement

of library closures. He wrote: Today I was humiliated by my government.

believe that is an accurate reflection of how so many people feel because people

can't grasp how can they do this? To what end? Really, to what end has

government done this? What do we get from it? It's a movement that actually

impoverishes the people of Newfoundland and Labrador.

Some

people talked about feeling like Newfoundland and Labrador has been made a

academics. We're hearing from people who use the libraries. It's not just about

the most disadvantaged, the most vulnerable people; it's about all the people of

the province.

If we

can't afford to keep our libraries open, what is this all about? To what end? We

know we have the lowest literacy level in the whole country. We know that people

use our libraries in our communities. In some of our communities, the libraries

are sort of the heart of the community. People use them as meeting places.

People use them to enhance their literacy. People use them for library access.

The ones

on this side, the Official Opposition, already had closed a number of community

access offices. So already people were reeling from that, and now to close our

libraries with no consultation. Municipalities Newfoundland and Labrador said

there was absolutely no consultation with them. This is a regressive move

backwards.

Thank

you very much, Mr. Speaker.

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

To the

hon. House of Assembly of the Province of Newfoundland and Labrador in

Parliament assembled, the petition of the undersigned residents of Newfoundland

and Labrador humbly sheweth:

WHEREAS

the people of Bell Island deserve to have access to services that will assist

them to gain employment and education; and

WHEREAS

these services have provided proven results to the people of our province; and

WHEREAS

decisions made in this budget by the current government have removed the

Advanced Education and Skills office from Bell Island;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to reinstate the office of Advanced Education and

Skills on Bell Island.

And as

in duty bound, your petitioners will ever pray.

Mr.

Speaker, I had the privilege over my career, for a number of years working in

the management field, of going back to Bell Island, my hometown, to work in the

AES office.

I think

a little bit of history for people when it comes to the importance of the AES

office. Coming from a community that was a one-industry town, a very vibrant

one, the second largest populace in the province next to St. John's, and in the

'60s when that all fell apart, obviously, people who were based on a particular

skill, a lot of it around labour intensive work, had to concentrate then if

there was no employment in this province at the time. In the mid to late '60s

things weren't exactly booming in this province. People were stuck there with

minimal education levels and minimal ability to gainfully find employment. So

they had to rely on Income Support and social services of the day.

That

office was integral over the last 40 years of giving people a hand up and not

a hand out of finding ways to better engage the citizens, give them access to

upgrading their education. The Adult Basic Education program going back 30

years when the college system still existed there, before it was cut by a former

Liberal administration was very important in giving people the ability to get

their high school equivalency, but also to get a trade.

Next to

CONA at the time, or CNA campus here in St. John's, Bell Island had the largest

campus. Five hundred students would go there every year from all over the

province. It gave an opportunity for those who were on Income Support to be

assessed and provided services.

As we

move forward over the next generations, we found a different way of engaging

people. The old days of the make-work projects the make-work projects were

important because it gave people a sense of pride; it gave them an ability to

give something back to the community. Most of our communities were enhanced by

the investments we did. It also got people into a routine of figuring I'd like

to be able to go to another level, either upgrade my education or find some

enhancement around employment.

The AES

office as we know it now has evolved to a point where it's a support mechanism

for people who come there, single parents who come there, older workers who come

there, young people who have struggled in the school system and those who want

to get back into the workforce. That process has been used to support people.

Taking that away right now is detrimental to rural Newfoundland and Labrador and

particularly Bell Island.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Yes, Mr. Speaker, I call

Orders of the Day.

Orders of the Day

MR. A. PARSONS:

I would call from the Order

Paper, Motion 16, I would move, pursuant to Standing Order 11, that the House

not adjourn at 5:30 p.m. today, Tuesday, May 17.

Motion

17, I would move, pursuant to Standing Order 11, that the House not adjourn at

10 p.m. today, Tuesday, May 17.

Mr.

Speaker, I would move, seconded by the Minister of Advanced Education and

Skills, for leave to introduce a bill,

an act entitled,

An Act To Amend The

College Act, 1996, Bill 29, and I further move the said bill be now read the

first time.

MR. SPEAKER:

It has been moved and

seconded by the hon. the Government House Leader that Bill 29,

An Act To Amend

The College Act, 1996, be now read a first time.

Is it

the pleasure of the House to adopt the motion?

All

those in favour?

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

Those against?

Carried.

Motion,

the hon. the Minister of Advanced Education and Skills to introduce a bill, An

Act To Amend The College Act, 1996, carried. (Bill 29)

CLERK:

A bill,

An Act To Amend The

College Act, 1996. (Bill 29)

MR. SPEAKER:

Bill 29 has now been read a

first time.

When

shall the said bill be read a second time?

MR. A. PARSONS:

Tomorrow.

MR. SPEAKER:

Tomorrow.

motion, Bill 29 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Yes, Mr. Speaker, at this

point I would call Order 4, second reading of Bill 27.

Thank

you, Mr. Speaker.

Today,

I'm here speaking to Bill 27, which is

An Act to Amend the Law Respecting

Statutory Offices of the House of Assembly.

I would

move this, seconded by the Minister of Natural Resources.

MR. SPEAKER:

It has been moved and

seconded that Bill 27,

An Act To Amend The Law Respecting Statutory Offices Of

The House Of Assembly, be now read a second time.

Motion,

second reading of a bill,

An Act To Amend The Law Respecting Statutory Offices

Of The House Of Assembly. (Bill 27)

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Yes, thank you, Mr. Speaker.

I'm

getting ahead of myself here today. It's almost like we had a late night here or

something. I am standing here to speak to Bill 27,

An Act to Amend the Law

Respecting Statutory Offices of the House of Assembly.

I guess

the precursor to this this, in many ways, is a companion piece of sorts. As we

all know we debated Bill 1 which has now passed third reading for the

Independent Appointments Commission, which is a commission now which will govern

all bodies, agencies and commissions in this province. That includes what we

call our statutory offices here in Newfoundland and Labrador.

We have

six. We have the Auditor General, which is pursuant to the

Auditor General Act ; the Citizens' Representative, which falls under

the Citizens' Representative Act ; the

Child and Youth Advocate under the Child

and Youth Advocate Act ; the

Information and Privacy Commissioner, which falls under ATIPPA, 2015;

the Chief Electoral Officer, which falls under the

Elections Act, 1991 ;

and the Commissioner of Legislative Standards, which falls under the

House of Assembly Act . I would point

out that number five and six are the same individual.

The fact

is that we have these statutory offices, and I don't think I need to get into a

very lengthy debate about the importance of each one of these offices which have

all evolved over the passage of time. For instance, when you talk about our

Information and Privacy Commissioner in fact, in doing this, I went back and

looked into a bit of the history. The Information and Privacy Commissioner

actually came to place back in 2003. Actually the first commissioner was a

gentleman named Wayne Mitchell who actually came into place prior to the act

being enforced. So in the grand scheme of things, we are not talking about a

significant amount of time when it comes to that particular piece of legislation

or officer.

When we

talk about our Commissioner for Legislative Standards and our Chief Electoral

Officer, that's an office that's been in place since 1993, a bit longer history.

The Citizens' Representative is an office that's been around since 2002 and the

Child and Youth Advocate is an office that's been around since also 2002.

Finally,

the Auditor General is an office that's actually been around our first Auditor

General was started in 1898. So in terms of seniority, the Auditor General would

be at the top of the list.

Now each

of these offices has a very important role. I guess if we want to talk about

them in layman's terms, the Information and Privacy Commissioner obviously and

we've heard a lot about this office, especially over the last number of years.

They deal with the right of access to information for people but also the

protection of people's privacy when it comes to release of said information.

The

Commissioner for Legislative Standards and Chief Electoral Officer, this is the

individual that handles elections in the province but also ensures that all

Members follow and again, we swear an oath and we have rules that we need to

follow and these are handled by this individual. I will point out that that

individual is a gentleman named Mr. Victor Powers who actually is moving on and

has given his notice to retire.

We wish

him well and thank him for his service to this province. He has done that role

actually since 2011. It has been just about five years in that position and it

is a significant term. That's an office that there will be a vacancy in very

shortly.

The

Citizens' Representative, we've had three individuals doing that role and

actually that's held now by a gentleman named Mr. Barry Fleming. The Citizens'

Representative is an ombudsman whose role is to represent citizens when it comes

to issues of that can fall under just about anything.

Every

year their report is actually tabled here in the House. I always take an

opportunity to read the report and talk about issues that are brought forward by

citizens in this province where they feel they may be aggrieved or have issues

that are not being addressed properly, whether it's a case of discrimination,

they haven't been treated properly.

Again

there's a process in place where complaints come in, they're investigated and,

in some cases, the commissioner does a report. It's another important role

that's done on behalf of citizens of this province.

The

Child and Youth Advocate has been around since 2002 and currently it is serviced

by Ms. Carol Chafe who's been in that role since 2010. I think when we talk

about again, it was certainly before my time here in this House, but there is

no one that questions the role and the duty done by these individuals when it

comes to the protection of children and youth in our province. We've had some

sad episodes in this province when it comes to things that have happened here,

when we talk about things like the Turner inquiry, just absolute tragedies that

have happened in this Province.

It is

one of the things that our Child and Youth Advocate have taken on. In fact, it

led to and I believe it was created by the previous administration. The

Department of Child, Youth and Family Service came out of this as well. I mean,

there has been a definite move towards increased protection, increased awareness

when it comes to the protection of children and youth in this province. We all

know the stories that go around. It's a very tough role and, in fact, we have an

independent individual as well as we have that department.

Finally,

we have the Auditor General of the province who, again, I'll put it as basic as

you can get it. This is the person who looks at the books of the province. We

have had a number of these individuals over the years. We have had a gentleman

named Mr. Terry Paddon who's been in that role since 2012.

I found

it interesting actually that the first Auditor General in this province I

presume a gentleman. It says F.C. Berteau. That person held the role for 36

years, 1898 to 1934. There were no terms or defined periods of time you could

serve back then. He had 36 years serving in that role, which is absolutely

amazing. Generally, right now, as it relates to the Auditor General, that's a

10-year position.

I've

laid out the statutory offices were discussing here. I'm sure the Members

opposite will have an opportunity to talk about their opinions on the offices,

the individual's role and the work they do.

The

purpose of this was that in looking at these pieces of legislation and these

offices, the fact is they've evolved over a number of years and in many cases

I guess the intent of this piece of legislation was to bring a sense of

uniformity to this. We have differences in terms of the length of time they can

serve, differences in terms of the salary, differences in whether they can be

reappointed or not, differences in how one would remove an individual from the

office if there was cause or no cause. So there are a bunch of differences in

these offices.

That's

standard when you have offices that are created individually as opposed to being

created the one time; you're going to have these differences. So what we've

decided here is we wanted to bring some level of uniformity to make sure that

there is no one who is more important than the other. They all serve tremendous

roles on behalf of the people of this province. They're all individuals who are

independent of government. They fall under the House of Assembly. So what we've

tried to do here is bring a sense of the same terms, conditions and when it

comes to some idea of the expectations and what can be done for each of these

pieces of legislation.

That's

what we're talking about here. We want to standardize statutory offices. Some of

the things we're talking about are the manner of appointment, the term of

office, removal, suspension, salary and interim appointments. All of this is

done in light of the fact that we've brought forward Bill 1 which was the

Independent Appointments Commission, which all these offices will now fall

under.

Previously, an individual would be selected by Cabinet, there would be a

resolution brought to the House of Assembly and then debated on by all Members

and a vote cast to appoint these individuals or not. As it was said before, the

fact is I don't know if anyone has ever been turned down once a resolution has

been brought forward. I know is some cases, it's certainly not unanimity. It's

not always a unanimous vote. There have been cases where the Oppositions have

voted against the resolution appointing certain individuals.

In this

case, that's going to change now. What's going to happen is it's going to be the

same thing, done through the Public Service Commission. We go through that

process now where there's scrutiny, making sure we're taking into consideration

all the different factors as we've discussed. Once it gets to that process and a

person is deemed appropriate or I guess that's the best word is appropriate

whether they meet the criteria to fit the bill for one of these offices, then it

would go to an Independent Appointments Commission, which will then look at the

individual submitted and select a roster of three names which will be submitted

to Cabinet.

Again, I

don't want to get too much into that process. I think we had a pretty lengthy

debate here in this House on that process, whether you agree or disagree.

Certainly, we think it's a step ahead of where we were, but what I want to talk

about is why we're doing this. What we're saying is if we are going change the

process for the appointment of these individuals, we should also standardize

each of their offices and their roles so that there are some similarities there

because they should be treated similarity. Each one is an important role.

The

other thing I would suggest is that there's one change here. The Information and

Privacy Commissioner, that one is a bit different; that one was dealt with in

this House last year through the new ATIPP Act, 2015. That position is also

filled by the LGIC. It is done on a resolution of the House of Assembly, but the

process that was adopted in that piece of legislation that was decided here in

this House of Assembly is that there was a selection committee that would submit

a roster of candidates. The Speaker would consult with the Premier, the Leader

of the Opposition and Third Party, and then the resolution would be put forward

naming an individual, one individual on the roster. That would be confirmed

within 10 days of the appointment.

So with

this new legislation, the appointment of all officers will be subject to the

IAC, except for the Information and Privacy Commissioner at this time. This

office will be required to be filled within the next few weeks and the IAC will

not be in place by that time.

So the

fact is we have four of these offices that are coming up to be vacant this year.

We know the Chief Electoral Officer and Commissioner of Legislative Standards

has indicated his retirement. We know that the access to information, IPC,

Information Privacy Commissioner is actually, I think, due for June. I believe

the Child and Youth Advocate is some time during 2016. I think it might be

December of 2016. So that is actually four those positions there.

Right

now, the Auditor General is a 10-year term, so Mr. Paddon will be in that role

till 2022. And the Citizens' Representative has till, I'm not quite sure I'll

get into it; I have some notes here.

But the

fact is that none of the current individuals will be affected by this. This is

moving forward as opposed to being retroactive, so each of these individuals

will not be affected. What it is, it's going to handle each vacancy as it comes

open, going forward. It's just that we know that some of these are soon and we

don't know that the IAC will be in place by that time, which is why we had no

choice. In this case, we're also discussing interim appointments because we need

to have a plan in place. We cannot have vacancies in these offices; you need to

have them filled.

As I

said earlier, the Information and Privacy Commissioner will follow the process

set out in

section 85 of the ATIPP Act, and I do have a copy of that here. This

will be filled by the Lieutenant Governor in Council, so it will be filled by

Cabinet on a resolution of the House. There is a selection committee and on that

committee, it actually will comprise the Clerk of the Executive Council, Clerk

of the House of Assembly, chief judge of Provincial Court, the president of

Memorial University.

The

selection committee will develop a roster of candidates and will publicly invite

expressions and will submit that roster to the Speaker of the House, and the

Speaker consults with the Premier and the Leader of the Opposition and will

place a resolution in front of the House.

That's

how that works. We feel that since that hasn't been used yet, we don't want to

take out a process that we haven't even had a chance to follow through on.

That's why that one will be left the same. We do note that that act has a

five-year statutory review; as well, this act will have a statutory review. That

will be looked at later on.

Like any

piece of legislation that's dealt with in this House, you may have to reassess

them, to look at them, to determine whether they should be changed, modified

because you want to have the best piece of legislation forward. We've seen that

in the House in the past, we've seen it here in this session and we'll see it

going forward. That's how it works. Legislation becomes outdated, practices

change and we need to have best practices.

Terms of

office: Currently the Citizens' Rep, Child and Youth Advocate and Information

and Privacy Commissioner are six-year terms, renewable once. The IPC's

reappointment must be approved by a double majority vote. The AG is a one term,

non-renewable, 10-year term; and the Commissioner for Legislative Standards

serves a five-year term with unlimited renewable terms, while the Chief

Electoral Officer's term has no expiry. Obviously you can see some significant

differences there between these statutory offices.

With

this legislation that we're putting forward, we'll see five statutory officers

appointed for a six-year term, renewable once, with the exception of the Auditor

General who will continue to serve a 10-year, non-renewable term. I believe that

is actually in line with all the other provinces. I think when that was

discussed, it was the purpose of when you have a 10-year term it allows you to

have some continuity to ensure again, when we're talking about the financial

operations of a province, I think that's necessary. I don't think there is any

issue or any conflict with that.

Now, one

of the issues that are discussed in this piece of legislation is removal when

the House of Assembly is sitting and removal when the House of Assembly is not

sitting. There was some discrepancy here amongst these statutory offices. So the

language ranged, depending on which office you talked about. The Auditor

General, Citizens' Representative and Commissioner for Legislative Standards may

be removed for cause. The Child and Youth Advocate and IPC may be removed for

incapacity, neglect of duty, or misconduct. So you have some significant

discrepancy there in what would constitute a reason to have somebody removed

from that position.

The

purpose of this legislation is simply to standardize the process and the

language. In this case, what will happen is an individual can be removed by the

LGIC on resolution by the House of Assembly, passed by a majority vote of

Members actually voting, and statutory officers may be removed for incapacity to

act, misconduct, cause or neglect of duty. In this case, it's a standardization

of the process. It will encompass all offices so that one office is not treated

differently than another.

We have

the same terms that can be applied to ensure that if this situation again,

that's a situation that we hope we never have to deal with in this province. We

don't want to see a resolution put forward in this House asking for the removal

of an independent officer of the House of Assembly. It's one of those clauses

where you have it. It's better to have it and not need it, then need it and not

have it. In this case, certainly we don't want to see it but you have to be

prepared for it.

Now,

that's when the House is sitting. When the House is not sitting there's no

provision in place for the suspension of the Chief Electoral Officer or the

Commissioner for Legislative Standards when the House is not sitting. There are

variations for suspensions for the other four statutory officers. The AG, the

Child and Youth Advocate, the IPC and the Citizens' Rep may be suspended when

the House is not in session, although the Citizens' Representative also requires

a recommendation from the Management Commission. Only the IPC and Citizen's

Representative specify that the suspension cannot continue beyond the end of the

next sitting of the House of Assembly.

Again,

these are the things that happen when you have offices created at different

times, not at the same time as each other. You're going to have some differences

in the legislation and in wording. We feel it should be as we move forward

here, as we bring in a new process, that we should have standardization. Through

this legislation, the LG in Council may suspend any of the statutory officers

when the House is not in session for incapacity, neglect of duty, cause and

misconduct; however, the suspension cannot continue beyond the end of the next

sitting of the House of Assembly.

We had

to have those provisions there. The fact is that this House sits on I guess if

you look at our history, we sit usually twice a year. There have been times when

the House comes back in session for an emergency session. So the fact is you

need the opportunity to be able to make significant decisions like this,

especially ones where you're talking about a resolution that's brought forward

for something as serious as misconduct or cause. We need to have that ability

there.

That

would lead us to interim appointments. These are obviously important positions.

They cannot be left vacant. Right now there are considerable variations between

the pieces of legislation for the different stat officers.

The

legislative amendment we're putting forward here would allow for an individual

to be appointed by the LG in Council on recommendation of the Management

Commission on an interim basis. In the event a person is unable to perform

duties, the office becomes vacant or an officer is suspended.

In the

case of the Commissioner for Legislative Standards, there is no legislative

mechanism to appoint someone on an interim basis and we need to fix that. We

actually know that right now the position is going to be vacant, number one. An

interim appointment

section will be necessary for this position. This term

expires May 31.

So if

the IAC is not in place by May 31, we have a situation where we do not have a

Commissioner for Legislative Standards. I don't think anybody in this House

would suggest that is something we want to happen or can allow to happen. We

need to ensure there's somebody put forward in an interim position, knowing that

going forward these individuals will go through this new independent

appointments process and go through the Public Service Commission as well.

We need

to have someone acting here. I don't know how long this process will take. I

don't know how long the IAC will take to be put in place. Obviously, given what

I've said here in this House, we have a number of vacancies, a number of

positions that need to be filled. These stat offices are very serious ones that

we need to have filled.

I don't

know how long the work of the IAC will take. It's an independent group. I don't

know how long that process will take. These are things we'll figure out as we

move forward with this newly created group. There will be an interim

appointment, the person is put in and then the permanent person will go through

this new independent process.

I would

move forward to discuss salary. We want to talk about consistency in the salary

provisions for all statutory officers. This will be decided by the House of

Assembly Management Commission which does have representation from all parties.

They will be consulted.

Salaries

will be set by the LG in Council after consultation with the Management

Commission. I would note, and I think this is important, salaries will reflect

the province's current fiscal situation. That's something we all face as MHAs,

we face as Cabinet ministers. I think statutory officers should face this as

well. You don't want to have a case where there's a significant yo-yoing of

salaries. I don't think that's what anybody is suggesting. The fact is we need

to ensure that they're commensurate with the place that we currently occupy

fiscally.

When it

comes to the Information and Privacy Commissioner, that's one change we will be

putting forward when it comes from the

ATIPP Act . Just to provide that information, when it comes to the IPC, the

act currently states that the next salary for the Information and Privacy

Commissioner shall be 75 per cent that of a Provincial Court judge. A Provincial

Court judge right now is in the range of $215,000. So if you want to bring in

that 75 per cent there, that will actually place that individual higher than the

other statutory officers.

We all

know it's been debated in this House, that right now an independent tribunal has

actually recommended a raise for our Provincial Court judges in the range of

$32,000. If we continue as is, using this legislation from 2015, that would

raise the judge's salaries up to the $240,000 range, and then it would be 75 per

cent of that. You would have a person doing a statutory office, similar to the

other offices, getting paid a significant amount more and one that's actually

contingent on when it comes to the judiciary.

What

we're suggesting in our case here we want to suggest both consistency and we

want to suggest fiscal prudence. We are going to suggest an amendment to

ATIPPA, 2015 so that the IPC

compensation is in line with that of other statutory offices.

We do

have some other amendments here. I don't think these are contentious by any

means. The statutory officers will not be eligible to be nominated for election.

I don't think anybody is going to disagree with that. They're not eligible to

sit as an MHA. I think that would create a whole number of problems right there.

They can

also not hold another public office with the exception of the Chief Electoral

Officer who can also hold the role of Commissioner for Legislative Standards.

That's been happening currently. I don't see there's any issue with that. I

don't think you're going to hear any objection to that. So that would be the

exception to the rule and vice versa. If you're a Commissioner for Legislative

Standards you can be the Chief Electoral Officer.

AN HON. MEMBER:

(Inaudible).

MR. A. PARSONS:

That's right.

The

other thing is they cannot carry on a trade, business or profession. This is

their role and it's a high standard to maintain one of these offices. These are

things that are put in to protect and to safeguard the integrity of these

offices, which I would also note there's certainly nobody saying here these

offices are held in high regard by everybody in this province. In fact, we've

been very lucky to have individuals in these roles that, when they speak,

there's respect given and we listen to what they have to say. There's no one

questioning the integrity and we need to do everything we can to protect that

and uphold that.

addressed to the Speaker. When it comes to pension benefits, the

Public Service Pensions Act, 1991 will

apply to statutory officers if they were subject to the PSPA before their

appointment. If the Statutory Officer was not subject to the PSPA prior to their

appointment they will be paid for contribution into an RRSP in an amount

equivalent to a contribution to the PSPP. If they were a civil servant before,

there may be a different route that's taken other than an individual that comes

from outside.

I think

that I've laid out the changes here that we're suggesting. The bill is not

significant in size. It's not a huge piece of legislation. I think what it's

doing here I know I am repeating myself, but I have to get across here. We're

moving forward into a new process for appointment. These offices will be subject

to that. So if we're going to do that, this is a great opportunity to

standardize this legislation and take these offices, which are very important,

do great work for the people, and provide some uniformity here so they are

treated equally. That's what we're looking forward here.

There

are a couple of small discrepancies, as I've outlined, for reasons that I've

outlined here. I think this is a good piece of legislation. I would like to

thank I think sometimes I forget to do this and I know everybody in this

House, having seen the work. I have to thank the people who draft these pieces

of legislation. It's a significant amount of work that goes into this through

Legislative Counsel, and all the people who pass on their thoughts and their

input and not just for this bill, for any bill.

At the

end of the day, we're debating legislation that's going to govern the people of

this province. So I'd like to thank those individuals who take their time to do

this. They work very long hours. I know Members on the other side know the work

they do. It's tremendous work. I'd also like to thank them for the time they put

into giving the briefings to Members opposite.

When I

was in Opposition, I don't know if I ever went to a briefing where the people

who answered the questions weren't forthright, would give you answers, would you

give you all the time they had to. I'd like to think that's continued now. That

there's been no change in that, because at the end of the day, as legislators,

we have to stand here and speak to legislation and we have to know everything

that goes into it. So I'd like to thank those individuals for the time they put

into this.

I'm

going to take my seat now. I know Members opposite will have an opportunity to

speak to this during second reading. I will listen to that and make notes. I

know when I get a chance to close this piece of legislation, or during the

Committee stage, I will have an opportunity to answer questions that may arise.

Thank

you for the opportunity, Madam Speaker.

SOME HON. MEMBERS:

Hear, hear!

MADAM SPEAKER (Dempster)

The hon. the

Opposition House Leader.

MR. HUTCHINGS:

Thank you, Madam Speaker.

I am

certainly glad to rise and speak to Bill 27. I recognize that the Government

House Leader went through in detail the provisions of what's being proposed here

in regard to Bill 27, respecting the statutory offices of the House of Assembly.

And as has been said, talked about a number of acts basically standardized in

the language and process around the manner of appointment of a number of these

statutory offices that report to the House of Assembly and to look at the

various manners in regard to the protocol for these statutory offices, things

like appointments, term of office, removal, suspension and salary of statutory

officers.

There

are various pieces of legislation or statutes here governing the particular

offices: the Auditor General; Child and Youth Advocate; Citizens'

Representative; Elections Act ;

House of Assembly Act ; the

Commissioner for Legislative Standards only; also the act, Bill 27, will also

amend the Access to Information and

Protection of Privacy Act in order to make the salary provision consistent

with other statutory offices.

As well,

the Government House Leader mentioned Bill 1. The legislation will come into

effect, I understand we were briefed at the same time as Bill 1, the

Independent Appointments Commission. Bill 1 discusses as well the appointment

process and Bill 1 includes these offices in the

schedule of appointments.

The

Government House Leader did recognize those folks that put the legislation

together and the time they spent. I also know our staff was briefed by officials

as well. I want to recognize the information that was relayed to us in the

briefing and the work that was done.

I will

just touch quickly on a couple of those components in the statutory offices and

what this bill is looking to amend and proceed with. With the Privacy

Commissioner, we were briefed that the Government House Leader may make an

amendment to remove the Information and Privacy Commissioner from Bill 1

Schedule. The reason for this is that the ATIPP Act, 2015 already has built

within an independent recommendations committee consisting of the Clerk of the

Executive Council, the Clerk of the House of Assembly, MUN president and chief

justice.

What

would happen, the committee would prepare a roster of recommendations and submit

to the Speaker. The Speaker, in consultation with the Premier, the Leader of the

Opposition and Leader of the Third Party, would make a recommendation here to

the House of Assembly.

Section

2 of the bill makes changes to the ATIPP Act, 2015, and these were referenced

just earlier by the Government House Leader, changes to the salary of the

Privacy Commissioner from 75 per cent of a Provincial Court judge to a salary

fixed by the Lieutenant Governor in Council, after consultation with the House

of Assembly Management Commission.

The

fixed salary clause is found in most of the statutory offices. With the passage

of this bill it would streamlined to be the same throughout all. I guess that's

what we're talking about here in regard to the various statutes for these

offices. It's about streamlining and making consistency throughout the statutory

offices and the operations, especially related to those that are appointed to

carry out the duties of the particular statutory offices. It's certainly

important to note that the terms of the and I think this was mentioned earlier

Privacy Commissioner will expire, I believe, in June 2016.

We look

at some of the other statutory offices that are in this bill and would be part

of Bill 27: the Auditor General, Child and Youth Advocate, Citizens'

Representative, Chief Electoral Officer and Commissioner for Legislative

Standards. It's about standardizing the language with respect to the

appointments, and as I said before, term of office and those other elements in

regard to that whole particular office for these entities.

The

highlights of the standardization going on with these particular officers and

those that are appointed we look at appointment, term of office, removal and

suspension, acting officers, salary and pensions and benefits. With the

appointment of these offices with an appointment to an identified person to fill

such a vacancy, the Lieutenant Governor in Council, the Cabinet on resolution of

the House of Assembly so it would come here. This would occur after the IAC

conducted a process and made recommendations to the House. Then you get into

issues like terms of office.

The

Auditor General right now is 10 years, not renewable, the same as AGs across the

country. So there's some looking at obviously cross jurisdictional and what the

issues are and trying to be consistent. All others would be six years, renewable

once, for a maximum of 12 years. This is a change with respect to the Chief

Electoral Officer. Previously, there was no limit on that particular tenure.

This is an example of where it would be drawn into consistency with the other

statutes and in regard to terms of office.

So we'd

look at in the bill removal, suspension and acting officers. Again, there have

been some amendments made in regard to consistency and streamlining of those

particular areas. Suspension by Cabinet, a majority recommendation of the House

of Assembly that would occur, obviously, when the Assembly was in session. If

the House is not in session, Cabinet can suspend, but it will only be in force

until the next sitting of the House. Obviously, at the first opportunity it

would be brought back to the House of Assembly if it was not sitting at the

point related to that decision was made.

The

Lieutenant Governor in Council, on a recommendation of the commission, can

appoint someone acting. So in that particular case there could be someone

removed and, with the Lieutenant Governor in Council on a recommendation of the

commission, there would be someone appointed in an acting role. Then, when the

House of Assembly reconvenes, the resolution will be brought to the House to

permanently fill the position.

regard to salary, fixed by the Lieutenant Governor in Council and Cabinet after

consultation with the House Management Commission. A note on that one, the

Auditor General portion of the bill does not say House Management Commission, it

only says commission. So we'll have a few questions maybe in committee in regard

to Independent Appointments Commission or the House Management Commission. Then

it goes on, Child and Youth Advocate, Citizens' Rep, the Electoral Office all

say House Management Commission. So maybe in committee we'll ask a few questions

and clarify that.

The

other area of standardization that this bill will look at is regard to pensions

and benefits. The language here is similar to the ATIPPA, 2015. If the officer

was a member of the Public Service Pension Plan they can also continue. If

they're not, my understanding is they can take a pension contribution and roll

it over into an RRSP. That gets to the compensation piece and as well brings

some standardization to the various statutes and how they operate the various

acts.

As I

said, it's a piece of legislation that I think is certainly worthwhile. It looks

at bringing various aspects of statutory offices and the legislative framework

to operate those. It brings consistency to them. The minister when he was up,

the Government House Leader, outlined in detail the particulars of that.

As we

move to committee, we may indeed have some questions in regard to clarification

on actual particular things but I think overall on first review and some of the

information we see, I think it is well intentioned. It certainly makes sense in

terms of standardization and bringing those things together.

We'll

look forward to further discussion and hear what Members of the House have to

say on this particular piece of legislation. When we get into committee, if

there are things that come up in discussion and debate that we think need to be

clarified, that we have questions on, we'll certainly bring those questions up

in committee.

I am

sure the minister and House Leader will be quite eager to answer those questions

and, no doubt, we'll have further discussion as we move forward.

Thank

you, Madam Speaker.

MADAM SPEAKER:

The hon. the Member for Baie

Verte Green Bay.

MR. WARR:

Thank you, Madam Speaker.

It is a

pleasure to rise today in the House and speak to Bill 27,

An Act to Amend the

Law Respecting Statutory Offices of the House of Assembly. My comments, Madam

Speaker, will mirror some of those already stated. I guess that's what happens

when you speak a little further down the line. Nevertheless, I'll take a few

minutes and offer some comments. I, too, certainly want to congratulate the

minister and his department and staff for their due diligence, and for giving us

the opportunity to sit with them in some explanations and some briefing notes

concerning the bill.

Madam

Speaker, the Citizens' Representative, the Child and Youth Advocate, the Auditor

General, the Information and Privacy Commissioner, the Chief Electoral Officer

and the Commissioner for Legislative Standards are absolutely vital to the

democratic process here in our province. Each of these statutory offices plays a

critical role.

The

Auditor General, for example, provides independent oversight over financial

expenditures made by government. With a budget in excess of $8 billion, the

Auditor General's role as an impartial reviewer becomes much more clear. The

Auditor General provides government with suggestions for ways that we can be

doing things better. There's always room for improvement, Madam Speaker. We can

spend public dollars with a greater degree of confidence knowing that we are in

compliance with the Auditor General's suggestions.

The

Child and Youth Advocate is another good example. Newfoundland and Labrador

youth in care deserve a voice advocating directly on their behalf, a voice that

is independent of the department. The individuals who have been serving in these

statutory offices have been serving Newfoundlanders and Labradorians very well.

We certainly thank them, Madam Speaker, for their service.

What we

are proposing here today will impact future appointments not for the people who

currently serve in these offices. The amendments will modernize and standardize

the appointment process here in our province. It will also ensure that equitable

decisions are made in appointing new statutory officers. It will ensure, Madam

Speaker, consistency across the board when it comes to appointment, removal,

suspension and salary for all statutory offices. This is in keeping with our

commitment to openness, transparency and everything we do as a government.

This

consistency will be established in a number of ways. All future statutory

officers will serve a six-year term that is renewable once. The explanation to

this, which is included in the legislation, is the Auditor General who will

continue to be appointed for 10 years. A 10-year appointment is consistent with

other provinces in Canada and other parliaments around the world, Madam Speaker.

The

reason this exception is included is because it is important for the Auditor

General to be able to serve a longer period of time for the purposes of

institutional memory and in recognition of the fact that change to policy and

practices may take a few years to demonstrate and impact once they are

implemented.

These

statutory officers won't be eligible to be nominated for election to sit as a

Member in this hon. House, to hold another public office or to carry on in

trade, business or profession. The reason this is being written into the

legislation is to avoid the obvious potential for a conflict of interest.

It is an

amendment, Madam Speaker, that acknowledges that statutory offices are positions

of great trust. Trust that is a two-way street between the officer and

government. It protects the statutory officer from any allegation of potential

conflict. It's a necessary and worthwhile amendment to the existing legislation.

They

will be eligible to receive the same level of compensation as a deputy minister.

These are offices that entail a huge amount of responsibility and require an

immense time commitment. In view of this, it is important they are compensated

properly in acknowledgement of the duties they carry out.

Madam

Speaker, the amendments also give government the ability to appoint statutory

officers on an interim basis, a necessary provision that will allow for

circumstances that prevent an appointee from completing a full term of service.

The existing legislation contains considerable variations between the parameters

of service of the various statutory officers when it comes to a point in an

interim.

For

example, in the legislation respecting the Commissioner for Legislative

Standards there is no mechanism for appointing an interim officer. The

amendments we debate here today will standardize the interim appointment process

ensuring that we are able to fill a vacancy quickly so that the best interest of

Newfoundlanders and Labradorians continue to be served.

Their

appointments must be confirmed by resolution in this House of Assembly. This is

an essential part of ensuring transparency and consistency, and allowing the

appointment to take place in the people's House, Madam Speaker, in view of all

their elected representatives and the province as a whole.

This is

a very timely piece of legislation and I am happy to speak in favour of it. Four

of our current statutory officers, the Child and Youth Advocate, the

Commissioner for Legislative Standards, the Chief Electoral Officer and the

Information and Privacy Commissioner will conclude their terms this year. This

means, Madam Speaker, that the new standards we legislate here today will apply

very shortly to the new statutory officers that will be appointed by this hon.

House later this year.

Many of

the objectives achieved by these amendments are in line with government's firm

policy on openness and transparency in whatever we do. We have been debating

this Legislative Session in the creation of an Independent Appointments

Commission, which was our signature piece of legislation and the very first item

on the docket as we convened this spring.

proposed the creation of the commission for the purpose of taking the politics

out of government appointments. We wanted to empower an independent commission,

Madam Speaker, to select the best candidates for the job in the interest of

transparency.

The

Independent Appointments Commission will hold public competitions to recruit

candidates for further statutory officer appointments. Madam Speaker, this suite

of amendments to the existing legislation on statutory offices will serve to

ensure that the Independent Appointments Commission is able to function with the

force of a strong legislative mandate behind it.

With

that, Madam Speaker, I'll take my seat. I thank you for your time.

SOME HON. MEMBERS:

Hear, hear!

MADAM SPEAKER:

The hon. the Member for Mount

Pearl North.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

Thank you, Madam Speaker.

Thank

you to my colleague as well. I want to just speak very briefly to this bill

today. It's

An Act to Amend the Law Respecting Statutory Offices of the House of

Assembly. I think it's a sensible and logical piece of legislation, so I really

can't add a whole lot to what previous speakers have said.

What

government is attempting to do here is make changes to a number of acts to

really bring some standardization around language and processes related to how

officers are appointed, their terms, how they get removed from office, what

happens if they should be suspended and salaries. We're talking about the

Auditor General Act , the

Child and Youth Advocate Act , the

Citizens' Representative Act , the

Elections Act and the

House of Assembly Act as it

relates to the Commissioner for Legislative Standards. There's also an amendment

to the Access to Information and

Protection of Privacy Act, 2015 in order to make salary provisions

consistent with other statutory officers.

There is

a connection, interestingly enough, to Bill 1 which we spent considerable time

debating yesterday. It will be interesting to hear perhaps when we get to the

Committee stage the Government House Leader talk to us a little bit more about

how that connection works with Bill 1.

As I

said, this bill addresses the appointment of these statutory officers of the

House, their terms of office, trying to bring about some consistency. It talks

about how acting officers will be handled and the removal and suspension of

officers. It talks about salary and that needs to be addressed.

There's

also reference to pension and benefits. The language there seems to be similar

to the language in the ATIPP Act

whereas if the officer was a member of the

Public Service Pension Plan, then they can continue and if not, they can roll a

contribution into an RSP. I won't get too technical on all of that. We'll have

an opportunity to review some more of those details at the Committee stage.

I want

to join the Opposition House Leader in just raising a couple of issues that

really we're just looking for some information on. We can definitely address it

either when the minister closes debate or when we get to Committee. This seems

like a logical and sensible piece of legislation which I believe we can support.

It would be helpful if the minister could tell us a little bit more about how

the bill fits with Bill 1. That would be helpful in us gaining a more complete

understanding of the legislation.

When it

comes to the salary issues, I would assume the House Management Commission would

have input on all the salaries. So we'll get some clarification on that because

the Auditor General portion of the bill doesn't actually specifically state the

House Management Commissi