November 20, 2012 HOUSE OF ASSEMBLY PROCEEDINGS Vol. XLVII No.

The House met at 1:30 p.m.

MR. SPEAKER (Wiseman): Order, please!

Admit strangers.

Before we start today's proceedings, it is my pleasure to welcome to the

public galleries some special guests today. We have members of a number of

organizations within the city, and in some cases representing the entire

Province of Newfoundland and Labrador.

We have the Planned Parenthood Newfoundland and Labrador; Parents and Friends

of Lesbians and Gays Newfoundland and Labrador; Memorial University's Student

Union; Lesbians, Gays, Bi-sexual, Transgender, Memorial University; the Canadian

Federation of Students; St. John's Pride; and Memorial University Trans Needs

Committee, together with Mr. Steven Berg who is the National Executive Director

of the Christian Embassy of Canada. For those of you who had an opportunity to

meet Steven earlier this summer at a conference here, Steven represents an

organization that provides pastoral services to Legislatures throughout Canada.

Welcome, all of you, to our galleries.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

MR. SPEAKER: Today, we have members' statements from: the Member for the

District of Humber Valley, the Member for the District of Cape St. Francis, the

Member for the District of Bellevue, the Member for the District of Fortune Bay

Cape La Hune, the Member for the District of Baie Verte Springdale, and the

Member for the District of St. John's Centre.

The hon. the Member for the District of Humber Valley.

SOME HON. MEMBERS: Hear, hear!

MR. BALL: Mr. Speaker, I rise in this House today to recognize the life

of one very special individual, Ms Kimberly Ann Reid of Reidville, who passed

away on October 6. Kimberly was my Constituency Assistant in 2007, and joined me

again following the 2011 General Election.

Kimberly was truly an amazing person. She had a zest for life and she touched

the lives of so many people with her beaming smile and her cheerful personality.

Her passion for life and her ability to brighten up a room are unmatched.

Kim was not only a true inspiration, but a tremendous friend, as well as a

devoted wife to her husband Rod, and a loving mother to her two children, Morgan

and Cora-Lee.

Mr. Speaker, every day that I went to work with Kimberly at my side that was

a day that was always brighter. She was always full of energy, she was tenacious

and compassionate to the people she so passionately committed to helping.

On the day of Kimberly's passing, we drove from Gander after attending the

Municipalities Newfoundland and Labrador Annual General Meeting. As we left

Gander, Kimberly instructed me to get in the passenger seat and she would drive

while we would make plans for the year ahead.

Mr. Speaker, Kimberly leaves to mourn her husband Rod, her two children

Morgan and Cora-Lee, as well as a very large circle of family and friends.

I ask all members in this hon. House to join me in recognizing the life of Ms

Kimberly Ann Reid.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Cape St. Francis.

MR. K. PARSONS: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate the class of 2012 on being

inducted into the Torbay Sports Hall of Fame. The Town of Torbay has a long and

rich history in sports and athletics.

This year's honourees were: Mr. Axel Sorensen. Mr. Sorensen is a great

softball player and bowler. He also volunteered a lot of his time to the young

bowlers and ball players in the area.

Mr. Tony Walsh Sr., a member of the Buchan's Miners Hockey Team who won a

Herder. He coached and played senior hockey and coached minor hockey for many

years.

Ms Genevieve White, a founder of the Torbay Ladies Softball League, which is

still going today. She, herself, was a great ballplayer.

Mr. Johnny Byrne, a player who played both senior hockey and softball. Johnny

is a sportsman and played the game with a lot of class. He won three most

gentlemanly effective awards in the Avalon East Senior Hockey League.

Also, inducted was the late "Coppertop Codner" likely the greatest oarsman to

ever row in the Regatta from the Town of Torbay.

Mr. Speaker, I ask all hon. members to join with me in congratulating Barry

Codner and his committee for the job they have done to recognize Torbay's great

athletes and builders in sport.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Bellevue.

MR. PEACH: Mr. Speaker, I stand in this hon. House to recognize the

achievements of the Music Program of Woodland Elementary, Dildo.

Woodland received a $10,000 grant from the MusicCounts Group. This grant

allowed the school to purchase thirty-two instruments for a concert band and

including twenty-six violins.

Within the first year all instruments were placed in the hands of eager to

learn students, by year's end they performed a Spring Show Case Concert

displaying their hard work.

Many parents have invested in their own instruments and private lessons for

their children. In a school population of 175 students, ninety-one of them are

involved in the after school music program.

This music program includes a group of eleven young fiddlers. They have

performed at many in-house events. I had the pleasure of being present on the

night of their community debut at the Queen's Jubilee Medal presentations at the

SUF in Dildo on October 11 of this year.

The Woodland Fiddlers certainly have paved the way with their outstanding

performance. This program would not be possible without the encouragement of

their teacher, Mrs. Leila Brown, and four parent volunteers.

Please join me in extending congratulations to the Woodland Elementary music

program, students, and volunteers.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS PERRY: Thank you, Mr. Speaker.

I rise to congratulate Captain Sidney Hynes for induction in the Order of

Newfoundland and Labrador on October 16, the Province's highest honour!

When only fifteen, Captain Hynes left his small hometown of Harbour Breton,

starting a remarkable career in the marine industry as an assistant steward at

Marine Atlantic. He quickly became an officer and achieved his Master's Home

Trade ticket, commanding several vessels around the globe. He then worked at

Transport Canada, followed by twenty years as President and CEO of Canship

Limited. He has served as Chairman of the Board for Marine Atlantic and is

currently the Executive Director of Oceanex Inc.

An extremely successful business person, he was inducted into the Junior

Achievement Newfoundland and Labrador Business Hall of Fame on May 19 last year.

This man is a leader who has brought significant social and economic benefit to

our Province, and he continually inspires us, especially in the Coast of Bays,

through his outstanding vision, commitment, and success.

I ask all members of his hon. House to join me in recognizing Captain Sidney

Hynes, Master Mariner, for being inducted into the Order of Newfoundland and

Labrador this year.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for the District of Baie Verte Springdale.

MR. POLLARD: Thank you, Mr. Speaker.

I am pleased to rise in this hon. House to highlight the academic

achievements of three outstanding high school graduates, namely Miranda Wiseman

and Courtney Tizzard of Indian River High, Springdale, and Cristina Burke of

Copper Ridge Academy, Baie Verte.

They each captured the Baie Verte Springdale Electoral Scholarship, valued

at $1,000 each, awarded to the top three achievers on the Department of

Education public exams.

Their performance speaks very well of the school staff and community who

partner to provide the caring, nurturing atmosphere in which students are able

to excel. They certainly have made their parents and the entire school community

very proud.

Miranda, Courtney, and Cristina are reflective of the many talented,

aspiring, and industrious students who walk the halls of our schools today and

to whom we look for fresh, innovative ideas.

Hon. colleagues, please join me in saluting the accomplishments of Miranda,

Courtney, and Cristina. I wish them every success in their chosen careers.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to recognize National Child Day, a celebration that

highlights the rights and freedoms of all Canadian children and takes place

annually on November 20.

National Child Day commemorates two historic events for children: the

adoption of the United Nations' Declaration on the Rights of the Child in 1959

and the Convention on the Rights of the Child in 1989.

Earlier today, I had the pleasure of marking the occasion by reading several

stories to a group of children with Family and Child Care Connections in

Conception Bay South. During the event, these children were partaking in

play-based learning activities, and it was a wonderful opportunity to see them

in their element.

Our government believes that children and youth are our most valuable

resource in Newfoundland and Labrador, and continues to make great strides in

ensuring their safety and well-being.

Since National Child Day 2011, our government achieved major milestones and

introduced a number of enhancements that improve the lives of children and youth

in our Province. We successfully transitioned all child, youth and family

services staff and programs from the regional health authorities into the line

Department of Child, Youth and Family Services, which is dedicated solely to

children, youth, and their families.

In Budget 2012: People and Prosperity, we introduced the 10-Year Child Care

child care for families with young children. Our government will double its

annual budget for child care by 2021-2022 to approximately $56 million.

Our government's dedication to helping children thrive and grow is

unwavering, and we look forward to our continued work in serving the best

interests of children and youth throughout Newfoundland and Labrador.

I ask all members of this hon. House to join me in marking National Child

Day.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Speaker wants to apologize to the Member for St. John's

Centre who has one more private member's statement that did not get read into

the record. Maybe we can have the response to the Ministerial Statement, and

then we will come back to the Member for St. John's Centre for her private

member's statement. My apologies to you.

The hon. the Member for Burgeo La Poile.

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

I thank the minister for the advance copy of her statement.

Certainly, it is appropriate that we stand and commemorate these two historic

events: the 1959 declaration, which spells out the basic human rights of

children, and the 1989 convention, which deals with the human rights and the

standards to which all governments must aspire as we deal with children.

The fact is I think there is agreement on all sides of this House that

children are our most valuable resource. As of 2008, there were 76,000 children

under the age of fifteen living in this Province. As a government, we must

ensure that the services are there for these children and their parents:

daycare, home care, early childhood learning. We need to continue to invest in

our children. We need to also be responsible for protecting their rights; as we

all know, children cannot vote, so it is up to us as adults and legislators to

ensure that the rights are there, respected, and followed.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's North.

MR. KIRBY: Thanks to the minister for the advance copy of her statement.

On World Child Day, we certainly celebrate our little ones, but we must also

recognize the work of all those who care for and teach our children, and we must

also recognize the lack of affordable child care in Newfoundland and Labrador.

Just last year, Mr. Speaker, we had the Early Years Study 3, in which the

Province came dead last on all of the metrics. There is a lack of affordable

child care that is really, literally forcing women out of the workforce, many

women who want to work but cannot. We must do better. We must do better than

this, I say, and I hope we will see new initiatives on affordable child care

upcoming here in the future.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's South.

Does he have leave?

No leave.

I will acknowledge the Member for St. John's Centre for your private member's

statement. I apologize for having skipped you earlier.

The hon. the Member for St. John's Centre.

MS ROGERS: Thank you, Mr. Speaker.

Today, International Transgender Day of Remembrance, I am proud to stand in

the House to acknowledge the courageous and vital work of those working to

further the rights of trans people in Newfoundland and Labrador.

Trans people, especially our youth, are the most vilified, bullied and

discriminated-against people in our society. Still without explicit rights and

protection in our provincial Human Rights Act and without full, coordinated

health services, many groups and individuals are making a difference for pushing

for change that is long overdue.

Trans people are our children, our family members, our neighbours. It is time

that we ensure all the rights and services they need to live their lives in

respect, dignity, and safety are entrenched in our legislation and public

services. I would particularly like to acknowledge the work of Planned

Parenthood Newfoundland and Labrador; Pflag Newfoundland and Labrador; MUN

Student's Union; LGBT MUN; Canadian Federation of Students; St. John's Pride;

Jennifer McCreath, who has so courageously worked for Trans rights in the

Province; the transgendered health services provided network of Eastern Health,

and MUN Trans Needs Committee; and the wonderful work being done through a joint

project by EGALE Canada and our own Department of Education.

Newfoundland and Labrador has become a national leader in the area of LGBTQ

education in our schools. I am sure that the House would like to join me in

saying bravo to all those who are working so hard.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Continuing with Ministers' Statements.

The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Mr. Speaker, I rise in this hon. House today to emphasize

the significant health care investments our government has and continues to make

in rural areas throughout the Province, specifically investments in the

operation of the regional health authorities, funding for new capital

infrastructure, renovations and repairs of existing infrastructure, and the

purchase of new equipment.

Budget 2012 allocated almost $3 billion to enhance access to health care

programs and services in Newfoundland and Labrador. This includes $1.8 billion

for the operation of the regional health authorities, $1 billion of which is

allocated to facilities outside of St. John's.

This year, we will spend approximately $159 million province wide in capital

infrastructure; $90 million of this has been allocated for rural health care

centres such as the construction of new long-term care facilities in Lewisporte

and Carbonear; the continued construction of a new regional hospital in Labrador

West; the redevelopment of the Central Newfoundland Regional Health Centre in

Grand Falls-Windsor; and the continued planning and construction of the clinics

in Marystown North, Glovertown, and Flower's Cove. In addition, $45 million was

announced for the purchase of capital equipment along with $26.6 million for

repairs and renovations.

Mr. Speaker, in addition to investments made in Budget 2012, we have also

invested over $53 million for ongoing repairs and renovations to health care

centres across the Province in the last two years. Seventy-four per cent of this

funding was allocated to facilities in rural areas of this Province, Mr.

Speaker. Furthermore, we have invested $100 million for the purchase of capital

equipment, 51 per cent of which was for facilities located outside of St.

John's.

Increasing access to health care services for residents in every region

across the Province remains an important priority for our government. Since

2004, we have made tremendous improvements in providing quality, accessible

health care services, and through our steadfast commitment and investments, we

will continue to build on those successes.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burgeo La Poile.

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

I thank the minister for an advance copy of her statement. Certainly, this is

good news and it is worth announcing over and over and over again.

Again, as the MHA for a rural area, I do appreciate the commitment that is

being made to the infrastructure needs in rural Newfoundland and Labrador. The

fact is, though, we need to start working on some of the services that are

available. I am talking about places like Ramea in my district and Francois down

in the member for Harbour Breton's district, where we do not have nurse

practitioners and have not had nurse practitioners for well over a year now. We

need to start working on making sure those services are provided.

Again, we are looking at nursing cuts happening in other areas of the

Province. We need to make sure that the services are there. We could talk about

the mental health wait-lists. Those are there. We need psychiatrists in many

places, especially up in Labrador.

The fact is, I do recognize we have the highest per-capita health spending in

the country, which is why we should not just be talking about spending outcomes;

we need to be talking about health outcomes. What are we getting for the money

that we are spending?

Again, investing billions of dollars in health care is only significantly

relative to the outcomes. We have high rates in things like diabetes,

pre-diabetes, obesity, cancer, and smoking. We need to start working on this and

we need to make sure we are getting the bang for the buck.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's Centre.

SOME HON. MEMBERS: Hear, hear!

MS ROGERS: Thank you, Mr. Speaker.

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

Expenditures on facilities and equipment in rural health care are necessary.

People across the Province are telling us that health care is a priority, so it

is imperative that government listen to our citizens on their health care needs.

More investments in rural long-term care facilities are long overdue so

people do not have to move so far from loved ones. However, polls are showing us

that seniors are clearly stating that they want to remain in their own homes as

long as possible. We have a quickly growing aging population. In order to meet

those needs we must have a comprehensive, publically funded home care program

within our health care system, with case managers and trained and fairly paid

home care workers providing enough home care hours for those who need it, not

just for those who can afford it.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the Member for St. John's South have leave?

AN HON. MEMBER: No.

MR. SPEAKER: No leave.

The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. DALLEY: Mr. Speaker, I rise again today in this hon. House to

highlight our government's financial contribution to the aquaculture industry

throughout Newfoundland and Labrador, and to recognize the many projects and

initiatives that have provided enormous benefit to our people and our Province.

Since 2003, our government has invested close to $60 million into the

aquaculture industry.

SOME HON. MEMBERS: Hear, hear!

MR. DALLEY: This includes $23 million in marine infrastructure;

approximately $10 million for fish health; and $24 million in development

initiatives, which has leveraged over $400 million in private sector investment.

Mr. Speaker, this level of investment speaks to our government's vision for this

vibrant industry, and the level of confidence we have in its future.

With tremendous aquaculture development opportunities on the South Coast,

this emerging industry created the need for new infrastructure in response, we

invested. Our government built biosecurity inflow and outflow wharves in

communities like Harbour Breton, Pool's Cove, St. Alban's, Hermitage and

Belleoram.

Fish health and biosecurity was a top priority for our government and the

industry in response, once again, we invested. We constructed the Province's

first fish health facility in St. Alban's which facilitates the work of four of

the sixteen aquaculture veterinarians in Canada, and many other technical and

administrative staff. The Centre for Aquaculture Health and Development is a

world-class facility staffed by the best of technical expertise and serves the

industry each and every day.

Mr. Speaker, our government has established a strong working relationship

with some of the best aquaculture companies in Canada Cooke Aquaculture, Gray

Aquaculture Group, and Northern Harvest Sea Farms. With private investment of

over $400 million, these companies continue to believe in the Newfoundland and

Labrador aquaculture industry.

Fish and mussel farming has given communities new hope and new opportunity.

It has provided direct and indirect employment. It has rejuvenated the economies

of communities where the future was once uncertain.

Mr. Speaker, people are working and rural communities are thriving. Our

government is proud to support the aquaculture industry and I invite others to

celebrate its success.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, I thank the minister for the advance copy. I

also thank the minister for such a good statement today, such an improvement

over yesterday's statement.

These government investments were good investments, great investments, and

they were investments that were necessary to get us to where we are today. They

are investments that are necessary to maintain the status quo

SOME HON. MEMBERS: Hear, hear!

MR. BENNETT: - in finfish aquaculture; however, the status quo in finfish

aquaculture is open cage finfish aquaculture and that is clearly unacceptable

into the future. The future is in closed containment aquaculture.

I would encourage the minister, now that we have arrived at the status quo,

to boldly go forward into the future in aquaculture. This requires vision, Mr.

Speaker, it requires courage, and it requires (inaudible) and the means.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. BENNETT: I will call on the Minister of Fisheries and Aquaculture

having arrived this far to embrace his colleagues in Innovation, Business and

Rural Development because certainly we need innovation, and the Minister of

Environment needs to be engaged as well, while maintaining the current status of

the aquaculture industry in this Province to go forward in finfish aquaculture

on a closed containment basis so we could be the leader in the world.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for The Straits White Bay North.

MR. MITCHELMORE: Thank you, Mr. Speaker.

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

We certainly support the responsible development of aquaculture in the

Province. It is critical that protocols are in place and support issues such as

biosecurity. These are essential. I acknowledge that some communities on the

South Coast are certainly benefiting from this industry. Perhaps government

should revisit the aquaculture plan because there may be additional benefits. It

has been developed since 2000.

Despite the minister's statement, many rural communities are really not

thriving in this Province and government has a really long ways to go before

that statement can be made.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the Member for St. John's South have leave?

AN HON. MEMBER: No leave.

MR. SPEAKER: No leave.

Oral Questions.

Oral Questions

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

MR. BALL: Thank you, Mr. Speaker.

Yesterday, the Premier continued to make a mockery of the whole Muskrat Falls

process. Not only did she again deny any regulatory oversight but she decided to

limit debate in the House of Assembly to this $9 billion project to just nearly

two hours on December 5; $9 billion, that includes (inaudible). We offered a

very open and a full debate but you have chosen the most limited form of

discussion in this House for your Muskrat Falls Project.

I ask the Premier, again: What are you so afraid of? Why will you not allow a

full debate?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, I have spoken about Muskrat Falls from one end of this Province

to the other, from one end of this country to the other, glad to share the good

news that we have in Newfoundland and Labrador about our energy warehouse and

our plans for the future of this Province, Mr. Speaker.

Mr. Speaker, over twenty times the Opposition parties asked for an

opportunity to debate in this House of Assembly. Mr. Speaker, I agreed to that

debate. We expected to be in the House a week ago. They

said, no, they needed three weeks to review the documentation. We said: Fine, we

will go in on November 19. They said: We want Question Period during the special

debate. We agreed. Now, Mr. Speaker, they want experts instead of debating. We

are prepared to debate. Stand and do so.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Opposition.

MR. BALL: Thank you, Mr. Speaker.

We asked to access witnesses as a matter of fact, just last Friday there

were still reports being issued, I understand. What we get now on December 5 is

what someone said this morning: We are going to get a tweet debate.

So, Mr. Speaker, not only did the Premier make a mockery of the process, but

she further showed her arrogance by stating that she may sanction this $9

billion project before this limited discussion ever happens.

So, I ask the Premier: It was just last month that you stated that the

project would never go to sanction without a debate on the floor of the House of

Assembly, and why are you now going back on your promise to the people of

Newfoundland and Labrador?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, it was the Liberals who removed regulatory oversight from

projects of this type. The former Liberal Administration removed hydroelectric

projects from regulatory review by the PUB. It was this government, Mr. Speaker,

who attempted to bring Muskrat Falls under the regulatory review of the PUB. The

PUB failed the government, failed the people of this Province, when they refused

to make a recommendation, Mr. Speaker.

The Liberals and the NDP do not want to be on record in this House of

Assembly as to why they oppose this project, Mr. Speaker, where the shortfalls

might be. They are doing everything that they can to avoid debate despite our

best efforts

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Opposition.

MR. BALL: Thank you, Mr. Speaker.

It was two different projects: one was export; this is domestic use. If you

do not have confidence in the PUB, well get rid of them. You put them there.

I should not be surprised that the Premier is going back on her commitment to

the people of the Province, because that is exactly what she has done with the

commitment not to spend money on this project before it was sanctioned.

On April 25, in this House, the Premier stated that $655 million out of this

year's Budget for Muskrat Falls would not be touched unless a decision was made

to sanction the project.

So, I ask the Premier: We have learned that Nalcor is already using some of

this money; how much has been transferred, and when did it occur before they had

been secretly dipping into this fund?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, there were allocations made in last year's Budget for Muskrat

Falls and for oil developments to be used by Nalcor. We will certainly provide

to this House the details of the use of that funding, Mr. Speaker. At the time

the statements were made, we certainly would have felt we would have been at the

sanction point long before now.

In terms of reports being made available to the people of the Province, Mr.

Speaker, these are questions that have been raised in this House time and time

again that require clarity different from the spin. Mr. Speaker, I can only say

that they have had their effect because one of the strongest opponents and the

loudest voices against Muskrat Falls has now changed their view. Of course, I

refer to the former Leader of the Liberal Party and the current House Leader who

now recognizes the merits of the Muskrat Falls Project, and admits that it is a

good project.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Leader of the Official Opposition.

MR. BALL: Thank you, Mr. Speaker.

The Premier may have to wait for that decision.

To further illustrate that government has broken their promise to the people

of the Province, back in April the Minister of Natural Resources stated: If

sanction is approved, then part of the money could be spent. If not, it will not

be spent.

I ask the Premier: Why did you break the commitment and what is this

indicating? Is Nalcor now out of funds?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

In Budget 2011, there was $350 million set aside as an equity investment in

Nalcor. None of that money was utilized. In this year's Budget, $650 million was

set aside for both the Lower Churchill Project and oil and gas exploration.

Mr. Speaker, this year to date $45 million has been transferred, on October

1, from the Department of Natural Resources to Nalcor. That $45 million is 80

per cent for the Lower Churchill Project and the other 20 per cent has gone to

oil and gas.

The major expenditure, Mr. Speaker, has been the building of the road. As the

Premier indicated, we expected that sanction would take place prior to this

date. Without the building of the road, another construction year would have

been lost. So we felt it was prudent this year, Mr. Speaker, to allow for the

transfer of this money to build the road to not lose a construction year.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Official Opposition.

MR. BALL: Thank you, Minister. That was a very good answer; I have to

say, sir. I may not like it and it may not be what you said a few months ago,

but it was a very good answer.

Mr. Speaker, in a meeting we had with Nalcor last week, it was indicated that

the federal loan guarantee on Muskrat Falls would consist of two separate

components: one for the Maritime Link and one for everything else. This would

mean that the original MOU on the loan guarantee has changed.

I ask the Premier: Have there been any changes to the MOU that would allow

the loan guarantee to be broken out into those two components? Are there any

other conditions that are changed in this agreement?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, the Prime Minister has been very clear

from the beginning that this project will receive a loan guarantee because it

was a regional project. It was a project to the benefit of Atlantic Canada,

particularly Newfoundland and Labrador and Nova Scotia. Mr. Speaker, it is a

regional project and benefits will accrue to both provinces from the loan

guarantee. There has never been any ambivalence about that part.

SOME HON. MEMBERS: Hear, hear!

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

MR. EDMUNDS: Thank you, Mr. Speaker.

An independent study commissioned by the Nunatsiavut Government has concluded

that elevated levels of mercury have been found in fish in Lake Melville as a

result of the Upper Churchill Project. Despite Nalcor's determination that an

environmental assessment of Lake Melville for the Muskrat Falls development is

not necessary, the Nunatsiavut Government and the Joint Review Panel have

recommended otherwise.

I ask the Minister of Natural Resources: Why is Nalcor ignoring the

recommendation of the Joint Review Panel and proceeding with the project without

an environmental assessment in Lake Melville?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Thank you, Mr. Speaker.

Doing the environmental assessment on a project of that nature, you have to

take into account a balance, making sure that you are addressing any of the side

effects of any development and the footprint that it gives. Looking at the

balance of it all, obviously we go forward with a project that will allow, for

example, to take out Holyrood and the millions of tonnes of greenhouse gasses

that will be emitted from that facility.

SOME HON. MEMBERS: Hear, hear!

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

MR. EDMUNDS: Thank you, Mr. Speaker.

I cannot see what that has to do with Lake Melville.

Mr. Speaker, the Province's duty to consult the Nunatsiavut Government under

the Labrador Inuit Land Claims Agreement is clearly stated in the agreement

itself. It states that the minister shall consult with the Nunatsiavut

Government where it is determined to be any impact on water use in the Labrador

Inuit Settlement Area, such is the case with Lake Melville in respect to the

Muskrat Falls development.

I ask the Minister of Natural Resources: Has the government or Nalcor begun

this duty to consult with the Nunatsiavut Government as dictated in the Labrador

Inuit Land Claims Agreement?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, thank you, Mr. Speaker.

The legal obligation placed upon the government in the duty to consult is on

a spectrum. It can be, Mr. Speaker, a meeting and discussion, or it can be

ongoing discussions and the provision of money for legal representation. It is

my understanding that the Nunatsiavut Government presented before the Joint

Review Panel; they made their positions known, so obviously, there were

discussions ongoing. The Joint Review Panel made a recommendation, Mr. Speaker.

Nalcor has indicated that there is ongoing monitoring of this issue. To me, that

seems to satisfy the legal definition of the duty to consult.

SOME HON. MEMBERS: Hear, hear!

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

MR. JOYCE: Mr. Speaker, it has been almost six years since the government

announced a new hospital for Corner Brook. Construction was scheduled to begin

in August, 2012. The functional committee has not met in twenty-four months.

Last year, this government embarrassed the people of Corner Brook by offering $1

million, and we learned that the project is in the pre-design stage. The Corner

Brook City Council has expressed concern over the delays.

I ask the Minister of Health and Community Services: Can you provide an

update on the Corner Brook hospital and tell the people of Corner Brook when

construction will begin for this new hospital?

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am disappointed. I thought I was going to get this question

yesterday, but I got it today, and I am happy to have the question.

You asked about meetings that have taken place, and I am happy to report on

that, because I think there is some misinformation out there. I understand that

you believe there have not been any meetings, so I want to update you on that.

Summer 2012, HCS officials met with Western Health and regional leads, Mr.

Speaker, to discuss the results of the Stantec review, which has taken place. In

October of this year, the contract was awarded to review and refine that master

plan, and in November of this year, my officials have met with Western Health

and regional leads to discuss that work, and there is a commitment to another

meeting at the end of this month, Mr. Speaker.

Mr. Speaker, we are moving forward, we are making progress, and I am very

happy with the work that is being done by the people in my department and by the

people in the Department of Transportation and Works, as well, on this project.

SOME HON. MEMBERS: Hear, hear!

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

MR. JOYCE: Mr. Speaker, I say to the minister, this is six years you have

been trying to hold meetings. The functional design committee in the hospital

has not met for twenty-four months.

So, I ask the minister again: When will construction start, and when will the

design start of the hospital in Corner Brook that the Minister of Finance and

the Member for Humber West promised to start construction in 2012? Be up front

with the people in Corner Brook.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Thank you, Mr. Speaker.

I have sat in the House day after day after day, and in a different portfolio

and a different role, and listened to questions from the member opposite and

heard many answers from the ministers on this side responsible for the Corner

Brook hospital development and planning and, you know, I get it. I can tell you,

Mr. Speaker, I get it. I think the members on this side of the House get it, but

I do not think what the member opposite understands is that to build such a

facility is a significant piece of work. Mr. Speaker, I tell you, it is a

significant piece of work. There are steps to go through.

Now, there has been a lot of work done on the site. We know there has been

work done on the site. I am not going to reiterate all of the history that has

been delivered in this House before, because the hon. member is quite aware of

the work that has been done on the site. The road development that has taken

place, infrastructure that has been put in place to prepare for the

construction, and the process is moving forward. As my colleague has indicated,

it is going forward.

MR. SPEAKER: Order, please!

The hon. the Member for St. Barbe.

SOME HON. MEMBERS: Hear, hear!

MR. BENNETT: Mr. Speaker, yesterday I met with the Newfoundland and

Labrador School Bus Owners Association. They have been lobbying government for

years for changes to fix the school busing system. While government announces

yet another study this week to stall making any decisions, a critical deadline

for private school bus operators fast approaches. These bus owners only have

until January, 2013 to order 200 buses that are slated to come off the road next

week because they are too old.

I ask the minister: Does he intend to immediately address this crisis and

ensure there is adequate transportation for our students during the next school

year?

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

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, the RFP that we have called for is certainly

not to be diminished, as the member opposite seems to think. This will provide

an opportunity, Mr. Speaker, for the private contractors to have input into a

process whereby we are looking at improving a service for the students of this

Province. It is as simple as that, to find efficiencies within our existing

budget.

Mr. Speaker, the bottom line for both our board owned buses and for the

private contractors is that we improve service. We have met with these operators

I believe I said yesterday it was on three occasions - myself and the previous

Minister of Service NL. I expect before long the present Minister of Service NL,

and I will be meeting with them again. Mr. Speaker, we certainly want to hear

their input, but more importantly, now that the RFP is called I expect they will

put their input into that process.

MR. SPEAKER: The hon. the Member for St. Barbe.

SOME HON. MEMBERS: Hear, hear!

MR. BENNETT: Mr. Speaker, this RFP will be the third report on school

buses this government has ordered since 2005. It is time to start acting to

address the glaring problems instead of wasting precious time.

I ask the minister: What is the expected timeline set to have this new study

completed and the recommendations implemented? Will it be completed in time to

address this looming crisis? Six weeks away, Mr. Speaker, they have to order new

buses.

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

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, let's put out a few facts for the hon. members,

of what we have done as a government.

When government came in 2003, Mr. Speaker, we had a fourteen year age for the

bus. We have reduced that down to twelve. The average age for buses in this

Province right now, Mr. Speaker, is 8.7, eight-and-a-half years old. We have

made major, major improvements. We have made every opportunity and provided

extensions for those operators to meet the D250 standards.

We cannot do much more. We provided them with extensions. We offered to work

with them. Mr. Speaker, I would ask that they co-operate with us and we will get

the job done.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burgeo La Poile.

MR. A. PARSONS: Mr. Speaker, in response to stalling on paying family

caregivers, the Minister of Health stated there is absolutely no template to

follow, nowhere to go to get advice. In fact, that is not true. From Nova Scotia

to Australia, from the UK to Germany, there are plenty of models there. This is

not a novel concept.

I ask the minister: How is it that you are unaware of these models?

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am not sure exactly what information the member opposite is

referring to. There are aspects of paid family care in various jurisdictions,

Mr. Speaker. There is, however, no paid family care program in any of those

jurisdictions. There are aspects of it.

There is one jurisdiction, for example, that will pay up to, I think, $200 a

month for a particular aspect of paid family care; however, it does not define

family. It does not give any of the parameters.

What we are going to do, Mr. Speaker, is we are going to ensure that the

people of Newfoundland and Labrador who want and need a paid family caregiver

program are going to get an exceptionally good program that is based in

evidence, Mr. Speaker, and our research.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

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

Mr. Speaker, the Premier continues to show her contempt for the lawful

process that protects the peoples of this Province. She refuses to allow the PUB

to perform its duty and review the Muskrat Falls Project. She instead proposes a

private member's motion, allowing for only a two-hour debate of the largest,

most controversial investment in the history of this Province.

Mr. Speaker, I ask the Premier: Why does she continue to hold democratic due

process and the intelligence of the people of this Province in such contempt?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, as I have said before, over twenty times the Opposition Parties

asked for a debate in this House of Assembly, a debate amongst policymakers, Mr.

Speaker. Experts have been speaking publicly for over two years on this project,

Mr. Speaker. Engineers and other planners have been working for over thirty

years on aspects of the development of the Lower Churchill.

They come; they do not want to debate this issue in the House of Assembly,

Mr. Speaker. They are prepared to come in and have some kind of a committee

meeting, but they are not prepared to put themselves on the line.

Yesterday, when we made an alternate proposal to try and encourage them to

have this debate on the House of Assembly, Mr. Speaker, the Leader of the Third

Party would not even take five minutes to consider it before she turned it down.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

MS MICHAEL: Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

MS MICHAEL: Mr. Speaker, in case the Premier does not listen to herself,

she ought to know

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Speaker has recognized the hon. the Leader of the Third Party.

MS MICHAEL: Thank you, Mr. Speaker.

In case the Premier does not listen to herself, she ought to know that

everybody else in this Province recognizes that everything this government has

done around the debate has been manipulation. The people in the Province see it.

In August 2011, the joint federal-provincial environmental review panel on

the Lower Churchill recommended that government undertake a separate and formal

review of the projected cash flow of the project to ensure it is good for the

Province before sanctioning the Muskrat Falls Project. It was their number one

recommendation. Government's formal response to this recommendation was to

acknowledge that a review was required prior to sanction.

Mr. Speaker, I ask the Premier: Has government conducted such a review and

will she make it public?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the one thing that I would like to say in my opening remarks to

the answer to this question is: because the Leader of the Third Party says it is

so does not make it so. Day after day after day in this House last session we

heard that the people of the Province were against this project, that she was

inundated by phone calls, by e-mails, by personal representations to say that

the people of the Province were against this project patently untrue, Mr.

Speaker, as a poll yesterday will attest to.

Mr. Speaker, all of the information that we have gathered on the development

of the Lower Churchill has been made available to the Opposition parties. The

experts have been made available to the Opposition parties, and we have

published this information for all of the people in the Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

MS MICHAEL: Mr. Speaker, obviously the government has not done that cash

flow review and followed that number one recommendation of the panel.

I ask the Premier: How can she agree with something in principle and then not

take action on it?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury

Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, obviously the economics of the project would

have to be examined by the people who are going to provide funding for this

project, the bond-rating agencies, the federal government, Nalcor, our

government, and, as we have said before, MHI. Mr. Speaker, there is going to be

enough money from this project, as indeed in all hydroelectricity projects and

all energy projects, that will cover the cost of operation and cover the cost of

capital. It will give a return on investment and then there will be enough cash

flow left over that will come to the Province to enable the Province to pay down

any debt it takes out for its equity investment. This is a great project.

Look at the utility companies. Tell me how many hydroelectric projects in

this country have gone bankrupt. Look at Bay d'Espoir. Look what has happened.

Look at the wealth that has been created.

The best thing about this deal is it provides the lowest and cheapest rates

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

SOME HON. MEMBERS: Hear, hear!

MS MICHAEL: Mr. Speaker, this government expects us to come and sit in

this House on December 5

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

MS MICHAEL: and listen to them without the details of this project. I

cannot believe what we are hearing in this House. No cash flow has been studied

by that government.

Mr. Speaker, after waiting months to meet with Prime Minister Harper, a

meeting that only lasted forty minutes, the Premier said on September 26 that

she was millimetres away from the federal loan guarantee. Yesterday in the House

the Premier sang a different tune. Now it is: they will take whatever time it

takes and there will be no sanction of the project without it.

Mr. Speaker, I ask the Premier: What has happened to the negotiations that

seem to be turning millimetres into light years?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the Leader of the Third Party is so fearful that we are going to

be successful in the sanction of this project. It is absolutely incredible, Mr.

Speaker it is incredible.

We made the announcement of the Decision Gate 3 numbers and the MHI report on

a Tuesday, Mr. Speaker. On Wednesday, the Leader of the Third Party demanded

every piece of information that had informed those documents and she wanted

three weeks to review them. The following day, on Thursday, the minister

released a forty-page document on natural gas, and she took to the airwaves

again complaining that she was being overwhelmed with information.

Now, Mr. Speaker, you cannot have it both ways. Everything that ought to be

done will be done before (inaudible)

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's East.

SOME HON. MEMBERS: Hear, hear!

MR. MURPHY: Thank you, Mr. Speaker.

The Federation of Canadian Municipalities says in its latest statement that

Canadian municipalities need a twenty-year plan to deal with crumbling

infrastructure.

Can the minister please tell this House what representation his government

has made to the federal government to help deal with the need for the extra

funding?

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

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, I am ever so happy to report in this House that

I had meetings with the president of the national federation just recently in

Gander, and we had quite a discussion in regard to the wants and needs of

infrastructure right across Canada.

The happy thing that I have to report is that since 2008, we have invested,

as a government, close to $700 million in infrastructure requirements in

municipalities right across Newfoundland and Labrador. I am happy to report

that, and that is our plan, this provincial plan, to support our municipalities.

We will continue to support our municipalities and each and everybody.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's East.

MR. MURPHY: It is good to hear, Mr. Speaker, that the pressure is working

and we are starting to see some solid investments.

Can the minister please tell this House what progress he and his government

have made in coming to any agreement with municipalities in this Province for a

new funding arrangement with our towns and cities?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Yes, Mr. Speaker.

Maybe if the member was a good critic, he would meet with Municipalities

Newfoundland and Labrador and they would give you a good overview of the

progress that we have made to date. As a matter of fact, in their own words: The

best meetings they have ever had with any government in Newfoundland and

Labrador since 1949.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

MS ROGERS: Mr. Speaker, trans-people are the most vilified, bullied, and

discriminated in our society, often refused employment, housing, and

comprehensive health services. The Northwest Territories, Manitoba, and Ontario

have amended their human rights legislation to include gender identity and

gender expression as prohibitive grounds for discrimination. Today, Nova Scotia

introduced a bill to amend theirs, and Quebec is in the process, as is the

federal government. Our own Human Rights Commission asked the government two

years ago to amend our Human Rights Act to include gender identity.

Mr. Speaker, I ask the Minister of Justice: When will your government amend

our Human Rights Act to include gender identity and expression as prohibitive

grounds for discrimination?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. KING: Thank you, Mr. Speaker.

I thank the member for the question. For the benefit of the House, we are

advised, through our legal advisors and through the Human Rights Commission,

that there are no gaps in the current legislation and that provisions that the

member is asking for are currently there.

I would invite the member opposite, and any member of the House or the

public, to make me aware if there have been incidents where they presented

themselves through the Human Rights Commission and they have not been heard in

an appropriate manner, to make that available to us, and we will certainly

follow up.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

MS ROGERS: Thank you, Mr. Speaker.

The legal thoughts across the country are contrary to that. Mr. Speaker,

trans-people in Newfoundland and Labrador are required to go to the Centre for

Addictions and Mental Health in Toronto, often waiting up to fourteen months for

an appointment and at great personal expense and hardship in order to be

diagnosed that their health needs, such as sex reassignment surgery, will be

covered by MCP. There are qualified doctors here in the Province able and

willing to provide that diagnostic service.

Mr. Speaker, I ask the Minister of Health: Will she change the policy and

establish an assessment team of our own qualified doctors to provide this vital

diagnostic service for trans-people in Newfoundland and Labrador?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

I thank you for the question as well because these are important questions

that are being asked and we are happy to respond to the questions and to take

any advice that you may have with regard to what should be done.

At this point in time, Mr. Speaker, we are providing money through the

Newfoundland and Labrador Sexual Health Association and we also are providing

money through our regular MCP contributions for various hormone replacement

treatments for various surgeries and so on, but we are certainly willing to sit

and talk and have conversations around those issues.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Time for a quick question without

preamble.

MS ROGERS: Mr. Speaker, Rosemarie is a fifty-one-year-old woman in my

district with severe

MR. SPEAKER: Without

preamble, I ask the member. Very quickly, get to

your question.

MS ROGERS: Yes.

If the policy for funding assistive devices for people is not flexible enough

to meet their specific medical needs, I ask the Minister of Health: Will she

review the policies of her department so that recommendations made by her own

health professionals can be followed?

SOME HON. MEMBERS: Hear, hear!

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

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I assume the program that is being referred to here is the

Special Assistance Program and that program is one that we are constantly

reviewing. We are very concerned to see to it that the special equipment that

the people of Newfoundland and Labrador require is being provided.

MR. SPEAKER: Order, please!

The time for Question Period has expired.

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

MR. SPEAKER: The Government House Leader, on a point of order.

MR. KING: Mr. Speaker, I raise a point of order for your consideration,

in the absence of Hansard. A little while ago the Minister of Health took a

question from the Member for Burgeo La Poile. It was my understanding that he

suggested that she had said something was not true, and I believe that would be

considered unparliamentary in this House.

MR. SPEAKER: The Member for Burgeo La Poile.

MR. A. PARSONS: I withdraw the comment, Mr. Speaker.

MR. SPEAKER: Thank you.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

Notices of Motion

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury

Board and Attorney General.

MR. MARSHALL: Thank you, Mr. Speaker.

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

An Act To

Amend The Public Service Pensions Act, 1991. (Bill 43)

Mr. Speaker, I further give notice that I will ask leave to introduce a bill

entitled,

An Act To Revise And Amend The Law Respecting Pensions For The Members

Of The Royal Newfoundland Constabulary, Correctional Officers And Certain

FireFighters Of The St. John's Regional Fire Department. (Bill 44)

Thank you, Mr. Speaker.

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

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

introduce a bill entitled,

An Act To Amend The Animal Health And Protection Act.

(Bill 45)

MR. SPEAKER: The hon. the Minister of Service Newfoundland and Labrador.

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

introduce a bill entitled,

An Act To Amend The Motorized Snow Vehicles And

All-Terrain Vehicles Act. (Bill 46)

MR. SPEAKER: Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, I rise today to present a petition signed by a

group of young people from a conference called RADHOC at the university. The

petition reads:

WHEREAS education is a provincial responsibility; and

WHEREAS students in rural communities do not have the same technological

resources as students in urban areas due to their geography whereabouts, and

distance from urban centres; and

WHEREAS because of this, students in rural areas have a disadvantage when it

comes to school work, and overall knowledge of the world around them;

WHEREUPON your petitioners call upon all members of the House of Assembly to

urge government to assist in expanding the coverage of broadband Internet to all

areas of the Province in order to ensure equal access to education, current

events, and opportunities to residents of the Province.

And as your petitioners will ever pray.

Mr. Speaker, I present this petition. It is one of two petitions that were

provided to me approximately two weeks ago when I attended a youth leadership

conference at Memorial University. It is a remarkable get together of young

people from all over the Province who learn leadership skills and share

experiences with each other, some from St. John's, and some from other

communities.

One thing that is really noteworthy about this petition is that while it

might be expected that students from rural communities would be concerned about

a petition such as this and about a service such as this, in fact, a great

number of the students who signed are from St. John's. They do not need this

service themselves but they see the need of other students who need this service

in order to be able to compete effectively in pursuing their education.

Mr. Speaker, I present this petition on behalf of these young people, who

they are all named, names and addresses. They attended the RADHOC conference at

Memorial University.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burgeo La Poile.

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

I have a petition.

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 hundreds of residents of the South Coast of the Province of

Newfoundland and Labrador, including residents of the communities of Burgeo,

Ramea, Grey River, and Franois use Route 480 on a regular basis for work,

medical, educational and social reasons; and

WHEREAS there is no cellphone coverage on Route 480; and

WHEREAS residents and users of Route 480 require cellphone coverage to ensure

their safety and communication abilities; and

WHEREAS the Department of IBRD recently announced significant funding to

improve broadband services in rural Newfoundland and Labrador; and

WHEREAS the residents and users of Route 480 feel that the Department of

Innovation, Business and Rural Development should also invest in cellular phone

coverage for rural Newfoundland and Labrador;

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

House of Assembly to urge government to support the users of Route 480 in their

request to obtain cellphone coverage along Route 480.

And as in duty bound, your petitioners will ever pray.

Now, Mr. Speaker, this is a petition that I have stood in this House on

numerous occasions to raise. I have actually taken the time outside the House to

write correspondence to the Minister of Innovation, Business and Rural

Development, and certainly to his credit and his department's, they have always

answered any correspondence that I have sent.

The problem is, though, I do have an issue with what is coming back to me,

because it is not quite what I want to hear. What they are saying is that any

investments in this area will have to be made within the fiscal environment in

which we are operating. The bad news is that the fiscal environment in which we

are operating does not seem to be very good these days, considering the cuts

across the board.

It sounds like what I am asking for my district and I think there are a lot

of members in this House on both sides are asking for is not going to happen

any time soon from the sounds of these letters, Mr. Speaker. We need a strategy.

Cellphone coverage is not just a desire any more; it is not just a want. It is a

need in this time. It is 2012 and we need to have a strategy.

The other issue I have is that there has not been a strategy identified, that

I am aware of, where the Province has seen this or identified this as an issue

and is taking any steps to remedy the issue. I just do not know if that is

there. A lot of times it is a case of, well, we will talk to the providers;

however, the Province needs to identify it as an issue, come up with a strategy,

and then we can work together to make sure that this issue is dealt with.

This is just the first of many that I will be putting in this session, Mr.

Speaker.

Thank you for the opportunity.

MR. SPEAKER: The hon. the Member for St. John's Centre.

MS ROGERS: 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 transgendered people face high risk of discrimination, violence,

underemployment and lack of access to housing and other services; and

WHEREAS a recent EGALE Canada survey found that 90 per cent of transgender

youth hear transphobic comments regularly from other students and one quarter

hear such comments from teachers, and

WHEREAS the Public Health Agency of Canada reports that nearly half of trans

youth seriously considered suicide and one-fifth attempted it in the previous

year; and

WHEREAS all individuals should have equal opportunity to live their lives and

meet their needs without being hindered or prevented by discriminatory practices

based on gender identity or gender expression; and

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

House of Assembly to urge government to amend the Human Rights Act to include

gender identity and gender expression in the list of prohibited grounds of

discrimination.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, I have received several signed petitions from both transgendered

people and their supporters and their allies begging for the Province to step up

to the plate and amend our Human Rights Act. This has been a long time coming.

There is so little more that needs to be said. Amending our Human Rights Act to

include gender identity and gender expression is about basic human rights for

some of the most disenfranchised people in our society.

We know that trans people, especially youth, are among the most bullied,

harassed, and misunderstood. Trans people often face discrimination in

employment, housing, and health. Yet on the other hand, trans people are

fully-functioning, contributing members of our communities. Trans people are our

doctors, lawyers, and chefs. They are civil servants, politicians, police

officers yes, even hairdressers and entertainers, too. They are our brothers,

our sisters, our children, and our neighbours. Together in all our diversity we

make up our home, Newfoundland and Labrador.

To date, the Northwest Territories, Ontario, and Manitoba have amended their

human rights legislation to include gender identity and expression. Quebec is in

the process. Again, only today Nova Scotia has introduced their bill to amend

their Human Rights Act. It is happening now today with a special Justice

committee in Canada on the federal level.

It is an important issue. There are huge gaps as acknowledged by the Canadian

Human Rights Tribunal and a number of experts who are writing on human rights

law. Every time a trans person goes with a case to a human rights court there is

an added extra level, a legal step: that they have to prove it is not about

sexual orientation or it is not about sex.

Two years ago, our own Human Rights Commission instructed and made

recommendations to this government to amend our Human Rights Act to include

gender identity and gender expression. So it is clear in human rights circles

that there is a huge gap that can be so easily filled. All the research has been

done. The legal experts and human rights experts are attesting to that. Mr.

Speaker, the time is now.

On behalf of the people of Newfoundland and Labrador, I ask this government

to do the right thing: amend our Human Rights Act so we can proudly say that all

Newfoundland and Labrador people are protected and have the right to live in

dignity, safety, and with respect. We can do this.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's North.

MR. KIRBY: Thank you, Mr. Speaker.

This is the Catalina Elementary School petition.

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 Eastern School District is considering a multi-year plan to close

Catalina Elementary in June 2013; and

WHEREAS it has been proven by the spring CRT 2012 results that Catalina

Elementary exceeds the district and provincial numbers; and

WHEREAS the educators at Catalina Elementary are qualified and provide a

strong academic program with a full curriculum; and

WHEREAS Catalina Elementary has developed grounds, including a playground,

soccer field, and a basketball-hockey court, as stipulated in the Active and

Healthy Living guidelines of the Bonavista School District:

Section 2.0,

provided through community support; and

WHEREAS Catalina Elementary, being a newer school, is structurally sound,

with a music room, science lab, and cafeteria; and

WHEREAS the parents, business owners, social groups, and concerned citizens

of the municipality of Trinity Bay North in the Eastern School District request

to rescind this proposal.

Since Catalina Elementary has met and exceeded all aspects set forth for a

viable school, we the undersigned petition the House of Assembly to urge the

government to ensure that the Eastern School District is provided with

sufficient funding to keep Catalina Elementary School open.

As in duty bound, your petitioners will ever pray.

As I mentioned yesterday, Mr. Speaker, when I presented the petition on

behalf of the school council at Immaculate Conception School in Colliers,

parents in a number of communities around the Province are concerned about

proposed closures and reconfigurations in the Eastern School District. This is

especially so for parents of children who attend Catalina Elementary.

I was at the Eastern School District meeting recently, earlier this month, in

Shoal Harbour, and one woman there just called this another blow for the area.

As we know, Hurricane Igor hit that area hard. They have lost the Port Union

fish plant and people believe this proposed school closure, should it proceed,

will have a devastating impact on the community, a community that is doing its

best to recover and move forward.

While they have been asking the board and certainly their MHA, the Catalina

Elementary School Council has not managed to get any answer regarding the reason

or reasons for closing their school, and they have an excellent school with

excellent teachers.

As the petition points out, their students have regularly scored higher than

the provincial and district averages on the Province's Criterion Referenced Test

in math and language arts, so they have good reason to ask why their school

should close.

It is interesting; I received an e-mail just before I came into the Chamber

from a constituent of the Member for Bonavista South. One of the things she said

is that in this instance they believe that common sense should prevail over

dollars and cents. I hope that the members opposite will think about these

concerns and hear the concerns of the petitioners, Mr. Speaker.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. Barbe.

MR. BENNETT: To the hon. House of Assembly, in Parliament assembled, this

petition is from residents of the Town of Bellburns:

WHEREAS with declining enrolment, distance education by Internet is now an

accepted way to deliver educational services to students living in small

communities; and

WHEREAS students have little to no say in where they or their families

reside; and

WHEREAS many families do not have the ability to relocate so that their

children can access educational opportunities in larger centres; and

WHEREAS many small businesses rely on the Internet to conduct business; and

WHEREAS high-speed Internet permits a business to be more competitive than

the slower dial-up service; and

WHEREAS no high-speed Internet service exists in the community of Bellburns;

and

WHEREAS there are no plans to offer high-speed Internet to residents of this

community;

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

House of Assembly to urge government to partner with the private sector and to

offer high-speed Internet service to this community.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, back in the spring session when residents of my district found

out that certain towns were going to be covered in the government's most recent

initiative and then others were going to be left out, there was real panic with

a lot of the communities that are going to be left out. Then, some of them

requested that I present a petition to the House of Assembly.

After presenting a petition and then another petition, word got out in the

whole district and even in other districts. Districts as far away as

Stephenville contacted me and wanted to know if I would present a petition on

their behalf. The hue and cry of the people being left behind with high-speed

Internet is quite substantial in these smaller communities.

Bellburns is a fully functioning town. It is an incorporated town, and the

people pay property taxes. While there are fewer than 100 people living in

Bellburns, because of where they are situated, they cannot get cellphone service

and they also cannot receive high-speed Internet. This petition requests that

this House urge government to look at this situation. Being left behind in

high-speed Internet at this time may mean they will never catch up, and

ultimately, may spell the death now of this small community and many other

smaller communities like Eddies Cove West. I rose on their behalf yesterday.

Mr. Speaker, I present this petition on behalf of the residents of Bellburns.

Thank you.

MR. SPEAKER: The Member for The Straits White Bay North.

MR. MITCHELMORE: Thank you, Mr. Speaker.

I rise today to present a petition 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 moose population is in decline in Moose Management Areas 40, 45

and 1 due to overkill of female and calves and the extended season; and

WHEREAS increase to licences, including female only, calves and either sex;

and

WHEREAS the extending of the moose season is having an impact on all animals.

Using ATVs or snowmobiles, destroying and pursuing animals in winter yards. It

is no longer a hunt, but a kill;

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

House of Assembly to urge government to discontinue female only, calf, either

sex, return the hunting season on dates back to the last week of November and

reduce licences.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, I recognize that the Division of Wildlife has undertaken moose

management consultations across the Province and many people in the Province

have not had the ability to take

part in the session. I know myself and my

colleague, the Member for St. John's East, have.

In the session that was held in Plum Point on talking about moose management,

there were a number of people in the room, about fifty, but this petition has a

significant amount of signatures, including residents from Flower's Cove, Green

Island Brook, as far as Lab City, including Clarenville, Conche, Roddickton,

Main Brook, St. John's, Alberta, and St. Anthony.

What the petitioners are looking at, Mr. Speaker, is taking a very serious

look at our declining moose population and what can be done to ensure that we

have a sustainable hunt so that Newfoundlanders and Labradorians can continue

the benefits of having the fresh meat in the Province, can enjoy what is a moose

hunt, and also that there can be a great balance. That is what these petitioners

are asking.

I put this to urge the House, to the new Minister of Environment who is

responsible for wildlife, to work with the Department of Transportation and

Works, the Department of Tourism, Culture and Recreation, and Justice to ensure

that we do have a sustainable moose population in Areas 40, 45 and 1.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

Orders of the Day

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

MR. KING: Mr. Speaker, with leave, I would like to move that the bills

for which notice was just previously given today, move to first reading.

MR. SPEAKER: Do ministers have leave?

MR. KING: Mr. Speaker, I move, seconded by the Minister of Finance, for

leave to introduce a bill entitled,

An Act To Amend The Public Service Pensions

Act, 1991, Bill 43, and be now read a first time.

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

and President of Treasury Board shall have leave to introduce a bill,

An Act To

Amend The Public Service Pensions Act, 1991, and that the said bill be now read

a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 43, and that the said bill be now read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

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

introduce a bill, "An Act To Amend The Public Service Pensions Act, 1991",

carried. (Bill 43)

CLERK: A bill,

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

(Bill 43)

On motion, Bill 43 read a first time.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Finance, for

leave to introduce a bill entitled,

An Act To Revise And Amend The Law

Respecting Pensions For The Members Of The Royal Newfoundland Constabulary,

Correctional Officers And Certain Firefighters Of The St. John's Regional Fire

Department, Bill 44, and I further move that the said bill now be read the first

time.

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

and President of Treasury Board shall have leave to introduce a bill,

An Act To

Revise And Amend The Law Respecting Pensions For The Members Of The Royal

Newfoundland Constabulary, Correctional Officers And Certain Firefighters Of The

St. John's Regional Fire Department, and that the said bill be now read a first

time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 44, and that the said bill be now read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

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

introduce a bill, "An Act To Revise And Amend The Law Respecting Pensions For

The Members Of The Royal Newfoundland Constabulary, Correctional Officers And

Certain Firefighters Of The St. John's Regional Fire Department", carried. (Bill

44)

CLERK: A bill,

An Act To Revise And Amend The Law Respecting Pensions For

The Members Of The Royal Newfoundland Constabulary, Correctional Officers And

Certain Firefighters Of The St. John's Regional Fire Department. (Bill 44)

On motion, Bill 44 read a first time.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Natural

Resources, for leave to introduce a bill entitled,

An Act To Amend The Animal

Health And Protection Act, Bill 45, and the said bill be now read a first time.

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

Resources shall have leave to introduce a bill,

An Act To Amend The Animal

Health And Protection Act, Bill 45, and that the said bill be now read a first

time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 45 and that the said bill be now read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

Motion, the hon. the Minister of Natural Resources to introduce a bill, "An

Act To Amend The Animal Health And Protection Act", carried. (Bill 45)

CLERK: A bill,

An Act To Amend The Animal Health And Protection Act.

(Bill 45)

On motion, Bill 45 read a first time.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Service

Newfoundland and Labrador for leave to introduce a bill entitled,

An Act To

Amend The Motorized Snow Vehicles And All-Terrain Vehicles Act, Bill 46, and I

further move that the said bill be now read the first time.

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

Newfoundland and Labrador shall have leave to introduce a bill,

An Act To Amend

The Motorized Snow Vehicles And All-Terrain Vehicles Act, Bill 46, and that the

said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 46 and that the bill be now read a first time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

Motion, the hon. the Minister of Service Newfoundland and Labrador to

introduce a bill, "An Act To Amend The Motorized Snow Vehicles And All-Terrain

Vehicles Act", carried. (Bill 46)

CLERK: A bill,

An Act To Amend The Motorized Snow Vehicles And

All-Terrain Vehicles Act. (Bill 46)

On motion, Bill 46 read a first time.

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

MR. KING: Order 2, third reading of Bill 31,

An Act To Amend The Public

Service Collective Bargaining Act.

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

MR. KING: I will speak to that one, Mr. Speaker.

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

MR. KING: Thank you.

Mr. Speaker, I move, seconded by the Minister of Finance, that Bill 31, An

Act To Amend The Public Service Collective Bargaining Act, be now read the third

time.

MR. SPEAKER: It is moved and seconded that the bill be now read a third

time.

Is it the pleasure of the House to adopt the motion and that Bill 31 be now

read a third time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Motion carried.

CLERK: A bill,

An Act To Amend The Public Service Collective Bargaining

Act. (Bill 31)

MR. SPEAKER: This bill is now read a third time and it is ordered that

the bill do pass and its title be as on the Order Paper.

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

Act", read a third time, ordered passed and its title be as on the Order Paper.

(Bill 31)

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

MR. KING: Mr. Speaker, I call from the Order Paper, Order 5, second

reading of Bill 40,

An Act To Amend The Health Research Ethics Authority Act,

The Medical Care Insurance Act, 1999 And The Mental Health Care And Treatment

Act.

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

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am happy to be here on the second day the House is open to

stand and speak to this bill. I certainly would like to take an opportunity

since it is the first time on my feet other than Question Period

MR. SPEAKER: Would the minister like to start her comments by introducing

the motion?

MS SULLIVAN: Sorry.

I would like to move Bill 40, second reading of

An Act To Amend The Health

Research Ethics Authority Act, The Medical Care Insurance Act, 1999 And The

Mental Health Care And Treatment Act.

MR. SPEAKER: It is moved and seconded that Bill 42,

An Act To Amend The

Various Acts Of The Province Respecting Annual Reports be now read a second

time.

Motion, second reading of a bill, "An Act To Amend The Health Research Ethics

Authority Act, The Medical Care Insurance Act, 1999 And The Mental Health Care

And Treatment Act" (Bill 40)

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

MS SULLIVAN: Thank you, Mr. Speaker.

I am so anxious to get at it here today, Mr. Speaker.

As I started to say before I begin I would like to welcome our new Clerk here

as well. I have had the pleasure of working with the Clerk in various other

capacities. I am certainly happy to see her here at the Table in the centre

floor today and we will welcome her guidance.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Mr. Speaker, we are going to take a look now at this

particular act. I stand to introduce this bill. Essentially, it is to amend

three statutes: the Mental Health Care and Treatment Act, the Health Research

Ethics Authority Act, and the Medical Care Insurance Act, 1999.

It is with pleasure that I advise the hon. members of the House that these

amendments will support the effective operation of three very important

statutory bodies. Sometimes, Mr. Speaker, we do not pay enough attention to

these bodies but they actually enable us to do some very, very good work within

government. When we take a look at them and realize

MR. SPEAKER: Order, please!

If I could just have a moment, you will have to excuse the Speaker, but I

think I read into the record incorrectly, I was referring to Bill 42 and we are

actually dealing with Bill 40. For clarification for Hansard, and for the people

in the general public, the minister is speaking to Bill 40.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, the three very important statutory bodies that I have made

reference to are the Mental Health Care and Treatment review board and I am

going to speak to each of these individually and talk about what it is these

boards do and the kind of work they do the Health Research Ethics Authority,

and the Medical Care Insurance Act review panel.

These amendments are proposed, Mr. Speaker, in the interest of providing that

the fine work of these boards will be able to continue uninterrupted with the

ongoing involvement of experienced and committed volunteers, Mr. Speaker. We

know in this Province that per capita we have more volunteers, I believe, than

in many areas of the country. When it comes to looking at the volunteers who

serve on these boards and authorities for us, we are certainly very blessed.

Mr. Speaker, the amendment to each act, each of the three acts that I made

reference to, will ensure that members serving on these various boards are able

to continue to serve beyond the defined term of their appointment in the event

that a newly appointed person is not immediately able to assume the role, or

until such time, Mr. Speaker, as the original appointee is formally reappointed

to the board. Mr. Speaker, that has been an issue we have faced on one or two

occasions. So, bringing in these amendments will ensure that we do not have to

face any situation where we are not able to move forward with the good work that

happens on these boards and on these authorities.

Currently, Mr. Speaker, members are appointed to their entities established

under the Mental Health Care and Treatment Act, the Health Research Ethics

Authority Act, and the Medical Care Insurance Act, 1999 and they serve for a

three-year period. There is no authority in these acts to allow the appointed

people to continue serving as members once their term of office expires, Mr.

Speaker.

As the act reads now, while approval to reappoint is being pursued there

could be a disruption in the work of these boards. A disruption could

potentially have negative impact on public protection, as we all know. The work

of these boards needs to continue. Public protection is of paramount importance

to this government, and the current amendments are proposed to ensure that the

effective operation of the boards is not impeded.

As well, Mr. Speaker, procedural rights could be affected if a board is not

functioning properly due to the lapsed term of a member. Continuing expired

appointments for a short time will support these rights by enabling the boards

to continue with their regular operations. All of the health profession acts

under the mandate of the Department of Health and Community Services for

example, the Social Workers Act, or the Health Professions Act all already

allow for continuation of the three-year term of public appointees when

necessary.

In addition, the Regional Health Authorities Act, which governs the

operations of our four RHAs: Eastern Health, Central Health, Western Health, and

Labrador Grenfell Health, all of those authorities contain the same provisions

that we are proposing today be added to these statutes that we are discussing.

Therefore, if the proposed amendments are approved, the Mental Health Care and

Treatment Act, the Health Research Ethics Authority Act, and the Medical Care

Insurance Act, 1999 will be consistent with other departmental legislation.

Mr. Speaker, the Mental Health Care and Treatment Act has been in force for

five years now. It represents a new approach to providing services for people

with severe and persistent mental illness. Our government is committed to

enhancing mental health and addiction services throughout Newfoundland and

Labrador, Mr. Speaker.

Over the past three years we have invested nearly $30 million to enhance

mental health and addictions services throughout the Province, Mr. Speaker. That

is just over three years, about $30 million.

The per-capita spending in mental health in this Province is $296.97. This

includes regional health authority mental health and addictions expenditures,

departmental expenditures, pharmaceuticals covered through the NLPDP program,

physician services, and out-of-province treatment costs.

In Budget 2012, $15.5 million, Mr. Speaker, was allocated for the continued

development of the youth treatment centres in Grand Falls-Windsor and Paradise

and the adult treatment centre in Harbour Grace. Mr. Speaker, I have to tell you

that whenever I have occasion to drive by the two centres that are now in the

process of being constructed, it brings me great pride, great joy to see those

centres, because separating families, having to send them out of province for

this treatment, is exceptionally difficult. So, to be able to do that right here

at home will make a huge difference and I am really, really thrilled and pleased

with the progress that is being made.

It was one thing to do a sod turning, Mr. Speaker, but to actually see the

construction and see these buildings come into fruition and start to be close to

being ready we hope that by this time next year we can actually be in those

buildings and be providing that service. It will make a huge difference to the

young people of Newfoundland and Labrador and certainly the adult treatment

centre in Harbour Grace as well.

This past May, I had the privilege of actually being out in both of those

centres; Grand Falls-Windsor of course, it is a little bit special to me

because it is home and also in Paradise, for the ground breaking on the

treatment centres for youth with addictions.

It was amazing. I had a phone call from one young mother actually who spoke

to me about how important it was and how that day she felt she had to come out

and stand on the ground where a difference could be made for her son. It truly

was inspiring, and this is work that I think we will all be very proud of and

very pleased with over the next little bit of time.

I should point out to you as well, Mr. Speaker, and to the people at home who

are listening, that Eastern Health has also awarded a contract for the planning

and development of the adult residential addictions treatment centre in Harbour

Grace to Homewood Health Centre Inc. of Guelph, Ontario, a very well-renowned,

well-known health care provider group. We are very excited to be working with

them as we do the functional planning on the adult piece for Harbour Grace.

As indicated in Budget 2011, our government has committed to constructing a

modern facility as well to replace the existing psychiatric hospital in St.

John's. We will continue to invest strategically to enhance access to valuable

programs and service for those living with mental health and addictions issues.

This is a key priority for our government, Mr. Speaker.

The Mental Health Care and Treatment Act, which came into effect on October

1, 2007, is an important aspect of our commitment. A key component of the act,

which ensures accountability, procedural fairness, and protection of the rights

of some of the most vulnerable people in this Province, is

the Mental Health Care and Treatment Review Board. That is the board to

which we are referring when we are talking about this particular amendment.

The review board in this Province conducts hearings to ensure defined

criteria have been met before a person is certified or placed under a community

treatment order. The review board is also responsible for making recommendations

to regional health authorities where patients allege that there has been a

denial of their rights under the Mental Health Care and Treatment Act.

The review board is composed of lawyers, physicians, and community

representatives. When required, the review board convenes a panel of three

members representing the three separate groups. The members are responsible for

seeing that the patient's rights under the act are met.

The review board is a busy one, Mr. Speaker. It has held between thirty-one

and forty-four hearings in each of the last four years. The board functions well

due to the dedication and the commitment of the members who serve tirelessly on

that board.

Mr. Speaker, the review board acts as a check and balance, if you will,

within the mental health care and treatment system. It helps educate and inform

patients and their families, and it contributes to a more accountable health

system. Given the seriousness of involuntary certifications, and the necessity

of ensuring that the board has a full complement of members from which to

convene a review panel, it is critical that the terms of office of current

members not lapse and that the members be able to participate when they are

willing to remain in these positions until formal reappointments can be made or

replacements appointed.

Allowing the automatic extension of terms of office provides a mechanism of

ensuring the continuity of the protection of the rights of individuals with

severe mental health issues. The right to a speedy and expert review of

certifications and community treatment orders is a fundamental principle of the

Mental Health Care And Treatment Act.

Mr. Speaker, I want to move on now and talk about the Health Research Ethics

Authority Act that came into force in this Province on July 1, 2011. The Health

Research Ethics Authority ensures that participants in human health research in

Newfoundland and Labrador are protected from unethical research. The authority

is also responsible for providing education and raising public awareness on

ethics issues related to human health research.

The Health Research Ethics Authority is charged with the general supervision

and approval of all health research involving human subjects conducted in this

Province. This, Mr. Speaker, is a very significant responsibility. It impacts

the researchers, participants in the studies, and the overall health of

Newfoundlanders and Labradorians.

There have been, Mr. Speaker, incidents in the past where researchers have

collected data using human subjects without following the appropriate and widely

accepted ethical review procedures. The act ensures that all human health

research projects are ethically reviewed.

The population of our Province, Mr. Speaker, is considered to have a

homogenous gene pool that is conducive for health research, particularly in the

fields of genetics. This characteristic, Mr. Speaker, has resulted in a high

interest from both public and private sector health researchers in carrying out

health research on the people of our Province.

Mr. Speaker, there has been extensive, valuable genetic research done by

investigators at Memorial University. In particular, we are benefiting in this

Province from research on cancers and certain heart conditions that are

prevalent in this Province. Some of this research has been recognized in this

hon. House for its value. The proposed amendment will strengthen the oversight

and performance of the Health Research Ethics Authority by helping to ensure the

valuable work of the authority is not interrupted, by permitting members of the

authority to continue in their service until reappointment or replacements are

identified.

Mr. Speaker, the third act that I want to take a look at is the Medical Care

Insurance Act review panel. It is appointed pursuant to

section 15.(1) of the

Medical Care Insurance Act, 1999. Where an allegation has been made that a

physician, dentist, or a professional medical corporation has been made where

that allegation has been made and has been convicted of an offence under the

act, has submitted false statements, has a pattern of practice that deviates

significantly from similar peer practices, or has made a claim for something

that is not covered under the Medical Care Plan, the physician, dentist, or

professional medical corporation may request a hearing by a review board.

Mr. Speaker, I am really pleased to say that in most situations the use of

more informal mechanisms such as the ADR, the Alternate Dispute Resolution

mechanism, has been quite successful in reducing the need for a review board

hearing; however, the act provides the option to request a review board hearing.

Therefore, it is necessary for a review panel to be available at all times.

Review panels serve an incredible public service. It is our duty as

government to ensure their work is maintained uninterrupted and there is a level

of continuity of service for residents of our Province. Members of these panels

represent the very best in their field, Mr. Speaker. We endeavour to make

appointments to these panels as efficiently as possible, recognizing the

tremendous effort and due diligence it takes to identify potential candidates.

Our amendments here today will ensure the work of these volunteers remains

consistent.

Mr. Speaker, we are proud of the incredible sense of volunteerism in this

Province. It is incumbent upon government to facilitate the work of volunteers

on these boards by enabling appointments to continue uninterrupted. The proposed

amendments will enhance government's commitment to the protection of the public,

and uphold the rights of citizens and health practitioners to prompt and

efficient handling of their situation.

I request, Mr. Speaker, that my hon. colleagues support this bill. This is

something that we need to see happen for the people of Newfoundland and

Labrador. I certainly look forward to seeing this legislation passed.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Verge): The hon. the Member for Burgeo La Poile.

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

It is an honour and a privilege to stand here in this House again and have an

opportunity to speak on behalf of not only my own constituents in my District of

Burgeo La Poile, but people all over this Province, and to actually have a

chance to discuss legislation that governs us all. We have three pieces of

legislation here today concerning the health care field. It is a bit convoluted.

This one alone references three separate pieces of legislation or three

separate acts. We have the Health Research Ethics Authority Act, the Medical

Care Insurance Act, 1999 and the Mental Health Care and Treatment Act. Mr.

Speaker, if I could say that the pieces of legislation themselves are fairly

straightforward in that they are housekeeping; my issue is with how we are

handling legislation in this House. The fact is that we were given these about

twenty-four hours ago, Mr. Speaker twenty-four hours to go over this

legislation, to look at the old legislation, and to make sure that what we are

discussing is the right thing.

I take this seriously, because we want to be able to look at this stuff and

make sure that if there are amendments being made, if they are good ones, we

stand in support and if they are bad ones or things that we think might lead to

a lot of cases it is not a bad piece of legislation, but it might have

unintended consequences. So, what I would like to do is just stand and make sure

that we know what we are talking about.

Now, in this case, I got the legislation in my hands twenty-four hours ago,

and I had a ten-minute briefing on the telephone just before lunch. Now, when

you are trying to get all your other duties that come up in the run of a day

done, we are not giving very much time for people to discuss these very

important pieces of legislation. I agree with what the minister said; the fact

is that the three separate boards we are dealing with here are very, very

important. We are talking about the Mental Health Care and Treatment Act; this

involves a process where people are committed and their ability to consent is

taken away from them. This is a very important piece of legislation, so we want

to make sure that what we are discussing, we have ample opportunity to look it

over, ask questions, and be fully briefed.

MR. KING: A point of order.

MR. SPEAKER: Order, please!

The Government House Leader, on a point of order.

MR. KING: I raise the issue for the benefit the Leader of the Third

Party is here; there was agreement unanimously in the House that the timing of

the introduction of this debate and the briefings were agreed by everybody here.

I say to the member opposite, he ought to raise that issue with his House

leader, because we did not have to raise this issue today. There was agreement

from all parties that we would raise those are very unfair comments, in light

of an agreement being made.

MR. SPEAKER: Order, please!

There is no point of order, but I would ask the member to make his comments

relative to the bill we are discussing.

MR. A. PARSONS: What I am saying is that today because we did try to

line up a briefing session with the department, and they did take the time to

talk to us on the phone and to go over this, but what I am saying is that I did

not feel that I had enough opportunity to have the briefing today. That is not

the issue with the legislation; it is the process.

So, that is where I am going with that, and I think that is very relevant,

Mr. Speaker, to what we are talking about. It is three very important pieces of

legislation here. We also have the Health Research Ethics Authority Act. The

fact is this involves research that is taking place involving human subjects. So

if we are not going to take the time to we have to make sure we know what we

are talking about here and have ample opportunity to make sure that we are

talking about and understand completely what it is we are being asked to vote

on.

Many pieces of legislation here we are fully in support of; I have no issue

with the amendments being suggested, Mr. Speaker. The three of them are

basically the same, where we are talking about the terms of directors. I had

some issues that I discussed with the individual that I had the briefing with.

When we are talking about a board member, the first question I had was:

"Where the term of a director expires, he or she continues to be a director

until reappointed or replaced." I was thinking that we might need to add the

caveat: with the consent of the individual, because obviously, we do not want to

have somebody remain on a board if they have fulfilled their term and do not

wish to stay there, but are forced to stay there. I was thinking that might need

to be a necessary amendment there.

However, after talking to the individual in the Department of Health, the

concern is that with a board like this, for instance, when we talk about mental

health care and treatment, that board actually has thirty to forty hearings in

the run of a year. That is a lot of hearings of a very significant nature; the

fact is they need to have a full board so that they can have a number of people

there that are available to hear this.

We are talking about professionals; we are talking about physicians, talking

about legal practitioners, and we are talking about lay persons in the community

and in the Province that are very involved and may be advocates for this

particular issue. All of these people have very busy schedules. They are going

to need time to bring them together, and if we have a situation where the one

that was actually used was where they had a new appointee, but this person was

actually unavailable; I think they might have been on vacation for six weeks or

something, so we need to have the old member stay on for six weeks until the new

member was there. We do not want to have a period of time where there is a

position unfilled and something as serious as this.

Now the fact is, Mr. Speaker, that there are thirty to forty hearings per

year; those are the ones that are actually held. There are a lot more that are

not heard. The hearings are scheduled, but there could be a change in

circumstances up to a day before the hearing. What happens is that the hearing

has to be scheduled, you have to prepare the necessary resources, and you have

to have the people available, but they do not happen; maybe in some cases, the

person going into the hearing, their physician actually clears them and there is

no need for the hearing.

We need to have a full board. I agree with what the amendments are, because

we are not changing anything, we are just adding on to what is already there.

All of them say: "Where the term of a director expires, he or she continues to

be a director until reappointed or replaced." It is the same in all three. All

three are very significant, important pieces of information, or legislation -

sorry, Mr. Speaker but that again is what I was concerned about, having that

opportunity to ask these questions in the briefing session prior to.

Again, I will have an opportunity to ask them in Committee, but in a lot of

cases it is nice to be able to ask the members of the department that are

helping to structure or come up with the legislation. Sometimes we could avoid

the necessity of the question if it is explained prior to.

I cannot imagine there is ever a case where legislation is put in where there

is an attempt to do something wrong. The fact is that none of us are perfect and

things happen that were unintended, or unexpected. You do not anticipate that

these things are going to happen. That is the concern for my questions and what

I say here, Mr. Speaker. We do not need to discuss how important it is, not just

for these three boards, for every board that is out there. You need a full slate

of individuals serving and it ensures smooth operation of the board.

I would assume that in a case where a person fulfills their term it is

different when we are talking about a case where a person resigns maybe in the

middle of their term. Obviously, they are not going to continue on, and I cannot

imagine they would be forced to continue on. It is the case of where a person

fulfils their term but does not want to stay on any longer, has to move on maybe

for other professional reasons. Will they have to stay on or be there, or are

they allowed to go? Which is why I brought up the possibility of saying: with

the consent.

I cannot imagine in a board of this nature that you are going to have

individuals who are serving against their will. The fact is, all of them and I

have looked at some of the members on these boards. They are all very renowned

individuals in their fields, whether it be the legal field, whether it be the

psychiatry field, whether it be just any kind of practitioner.

I would also like to speak very favourably about the laypeople who serve on

these boards because they are advocates. In a lot of cases there is no financial

gain to these individuals by serving on a board. They just have a very

particular interest in this area and wish to serve and give of their time. I

appreciate everything they do, Mr. Speaker.

Three very important pieces; I think this really is a housekeeping bill. I am

not going to belabour the point, but I felt it necessary to put on the record my

concerns with the fact that I was hoping to have the full briefing. I did not

want to feel rushed when I walked into the House and debated this legislation.

It is one thing to debate this, which is really a straightforward matter, but if

you have a debate where you do not get an opportunity to really look over the

legislation we are debating, that is where mistakes are made that we often have

to fix later. I think that actually might come up here later on.

In one piece of legislation there was an error made. It is a simple

oversight, but it is an oversight. It was made because it was overlooked. If we

have time to do this, then we have to do it right.

Again, I appreciate the opportunity to speak. I may have some questions of

the minister when we get to the committee stage. I am going to sit down now, Mr.

Speaker.

Thank you for the opportunity.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Member for Terra Nova.

SOME HON. MEMBERS: Hear, hear!

MR. S. COLLINS: Thank you, Mr. Speaker.

I would be remiss to say I am glad to be back in the House. It seems to be a

theme here. We are all ready to go. We are early into the sitting.

I am glad to get up and speak to this today. Also, I appreciate the

constructive criticism from across the way. A lot of times we do not get those

types of things, but certainly he has some points, some of which I agree with,

some of which I do not.

I am here to speak on Bill 40 and my support of it. As was stated earlier,

this would amend three statutes: the Mental Health Care and Treatment Act, the

Health Research Ethics Authority Act, and the Medical Care Insurance Act, 1999.

Mr. Speaker, the amendments to each of these acts will simply add a

section

similar to those that already exist in the Province's seventeen health

professional statutes. We are actually only adding a couple of lines, but as has

been said earlier, they are significant and these people play a significant

role.

As the minister said, the purpose of this amendment is to ensure that members

serving on the three boards created under the act are able to continue to serve

if for some reason once their time period has elapsed and a replacement has not

been found. That is so very important. These boards obviously carry a function

and a purpose. That is why they are in place. We have to make sure there is a

transition from one director or one group to the next and not to have a break in

service. It is very important.

There are other circumstances as well that can cause for some transitional

issues as well. So we have to make sure that is covered off. If we did not do

that, we would be saying right off the bat these boards do not serve an

important function, which obviously we acknowledge they do.

Originally, when these three acts were passed, they did not include the

authority to allow the appointed member of the various boards to stay on. As I

have said, you can see where this could possibly lead to some disruption of the

services provided.

As the act reads now, there could a disruption in work of these boards if a

new member is not able to start immediately after the former board member's term

ends. The potential for negative impact certainly is something we cannot really

recognize right here at this point, but it is something that could possibly act

in a negative way. We do acknowledge, again, the valuable and necessary work

that is done by these boards.

Now, there are a couple of reasons, of course, this is very important and why

we are here talking about this today. One, and perhaps the most pertinent thing

to our discussion today, is the people who fill these roles are not your average

Joe off the street. You are looking for professionals with a very specified

profession, very specified experience. You have to have someone who is

available. Obviously, that is another big part of this because there is a

function to be served, and you have to find someone who is willing.

You put all of those pieces together. Again, you just cannot cherry-pick

people off the street. It can be a pretty in-depth process to try to find these

people. I would assume they are not always easily found. You can see some places

where that is evident, where we have been looking for people to fill boards and

just have not been able to find that person.

In situations such as that, you need to have some sort of stipulation in

place where you allow that transition for finding that person. You just do not

want to put in the average Joe, if I can refer back to it that way, because

obviously the function that he or she will be performing is so important. You

have to make sure you have the right people to do the job. I think this is what

this does.

If I may delve in, I know the minister touched on them; I just wanted to

touch briefly on the three acts that we are talking about here today. Perhaps, I

would not say the most important but something certainly I would start off with,

is the Mental Health Care and Treatment Act.

It is recognized as a modern, progressive piece of legislation, something

that I am particularly proud of the steps that have been taken by this

government in the area of mental health and illness and addictions. We have seen

a number of things just in the past number of weeks actually that speak to what

I am talking about here right now and the commitment this government has shown.

That is something I am personally proud of and it is something that is very

important, I think everyone would agree.

The Mental Health Care and Treatment Act refers to the board that provides an

opportunity for people dealing with severe mental illness to have their case

reviewed by an independent panel. Of course this independent panel, Mr. Speaker,

would be composed of a physician, a lawyer, and a person representing the

general public who would have demonstrated an interest in mental illness. You

would have everyone in the know, you would have the appropriate people doing

this work. The job that they do is so very important; you have to be familiar

with the work you are going to be delving into.

We have heard it and we recognize that there is definitely a demand and a

need for this review board. The thing is they always have to be available

because availability is so important. When they are called upon they need to be

there. The demand is there and the availability has to be there as well. Given

the seriousness of the work done by this review board, it is critical that we

support the proposed amendment. It speaks to the proposed amendment and our

support of it.

Mr. Speaker, the second piece there, the Health Research Ethics Authority

Act, which came into force in the Province on July 1, 2011, as the minister

explained the mandate of the authority is a very important one. Something she

had touched on is something that is kind of interesting and I have come across

it in a couple of instances in not only in this job, but just through my

university studies and whatnot is the unique gene pool that the Province of

Newfoundland and Labrador has as a relatively isolated Island.

I know we would not think of ourselves as really isolated. The natural fact

is, of course, we are surrounded by water. We present a very unique dynamic when

it comes to gene pools. There are a lot of folks who like to come in and do

research based on our gene pools because it offers them an opportunity that they

cannot get in other jurisdictions. As I have said I have heard of several

instances where this is the case. When we have these people coming in and doing

these studies we obviously have to have the right laws and protections in place.

Oversight of all health research involving human subjects conducted in the

Province is obviously a daunting task and we need experts to conduct this work

and take on the large responsibility that comes with it. Again, it is certainly

a daunting task.

The proposed amendment will help ensure that the valuable work of the

authority is not interrupted by permitting members of the authority to continue

their service. Again, we are talking about the transition period and making sure

that we have people to fill that void, to make sure there is not a void in fact.

Mr. Speaker, finally the Medical Care Insurance Act review panel is appointed

pursuant to subsection 15.(1) of the Medical Care Insurance Act, 1999. This is

perhaps not so well known to the general public as the other two previously

mentioned, due in large

part I guess by the fact that we have a dispute

resolution technique that works. Due to fact it works, we do not necessarily see

it going any further.

So, I think that in itself is a great thing. Certainly, we have to have it

there in the event that we need it. It keeps going back to the fact that there

is a demand for it and you have to have availability. While we have not used it

I am glad we have not we have to make sure it is there for the purposes that

it was put in place for.

Mr. Speaker, I would be remiss if I did not take the opportunity to speak to

the individuals who sit on these boards, all the men and women, these are

professional people who come from different walks of life and they would

probably be making a lot more money in their professional, personal practices

than they would essentially volunteering their time with government. I think it

is very important that we recognize the service provided by these folks because

they do it, like I said, pro bono in most cases. The work they do is so helpful

and it is so critical to the work that government does each and every day.

It speaks again to the level of individuals we are trying to attract, and I

think the boards that we have in place obviously have very reputable

individuals, men and women there sitting on those boards. I think, again, I

would be remiss not thank them for their service.

The proposed amendments, I guess just to finalize, will enhance government's

commitment to the protection of the public and uphold rights of citizens and

health practitioners to prompt, efficient handling of their issues, and that is

what this all comes down to.

With that being said, Mr. Speaker, I will not belabour the point because

while we have said it is kind of housekeeping, I think it is very important as

my member said across the way

AN HON. MEMBER: He is not your member.

MR. S. COLLINS: No, he is not my member.

As my colleague said across the way, they are very important and they perform

a duty. While it is housekeeping, on the other hand it is something that is

necessary that we take a look at. Again, I appreciate the constructive criticism

and I think this is why this works so well, the back and forth, and it is

certainly good to hear what other members have to say about this.

I would ask all my hon. colleagues for their support of this bill. With that,

I will take my seat.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John