Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 26 May 2008 (46th General Assembly, 1st Session, Vol. XLVI No. 32)

2008-05-26

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 26 May 2008 (46th General Assembly, 1st Session, Vol. XLVI No. 32)

2008-05-26

Newfoundland and Labrador — Debates (Hansard)

May

26, 2008

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI No. 32

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: The following members' statements will be heard today: the

hon. the Member for the District of Mount Pearl North; the hon. the Member for

the District of Port de Grave; the hon. the Member for the District of Grand

Falls-Windsor-Buchans; and the hon. the Member for the District of Humber

Valley.

The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate the Provincial Gymnastics

Team for their outstanding performance at the Atlantic Gymnastics Championships

recently held in Moncton, New Brunswick.

Athletes from Campia Gymnastics in Mount Pearl, who are members of the team,

brought home an impressive collection of medals which included five bronze, five

silver and ten gold. I would like to recognize all of the athletes and commend

them on a job well done. Their dedication to their sport is remarkable.

I would also like to recognize Campia Gymnastics for its role in assisting

this team and assuring their participation in the Atlantic Gymnastics

Championships in Moncton. The coaches, parents and chaperones should also be

acknowledged for their contribution and constant support of those athletes that

participated.

Mr. Speaker, I ask all members of this House to join me in congratulating the

Provincial Gymnastics Team and Campia Gymnastics on a successful Atlantic

championship competition. We should all be very proud of these athletes.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, earlier this session I informed members of this

House that Robert Slaney, a native of Upper Island Cove, was one of the

finalists for the Marcel-Robert Trophy, as the Quebec Major Junior Hockey League's

Scholastic Player of the Year.

In April of this year, I was pleased to announce that Robert won that award

and was now one of three players to be considered for the Canadian Major Hockey

League's Scholastic Player of the Year.

Mr. Speaker, Robert Slaney has won it all. On Saturday, at the CHL's Golden

Puck Awards gala in Kitchener, Ontario, he was honoured with the league's

Scholastic Player of the Year Award.

A member of the Cape Breton Screaming Eagles, Robert ended the season with

twenty-six goals, twenty-nine assists for fifty-five points in sixty-four games,

good enough for fifth in the team scoring. There is no doubt that with these

statistics, coupled with his classroom accomplishments, Robert is headed for a

successful career in whatever field he chooses.

Mr. Speaker, I ask all hon. members to join me in congratulating yet another

local hero from the great Province of Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

Falls-Windsor-Buchans.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

I am delighted today to inform my hon. colleagues of a significant

achievement for Woodland Primary in Grand Falls-Windsor. It has just been

announced that Woodland Primary has received a grant in the amount of $122,000

from the Indigo Love of Reading Foundation.

This is a foundation designed to promote literacy and learning by offering

children access to new books and materials in their schools, regardless of their

social or economic status.

Darlene Sullivan, Principal at Woodland Primary, submitted an application to

Indigo Love of Reading Foundation on behalf of the school with the help of its

students and teachers.

When Ms Sullivan received the call from Heather Riesman of Indigo Books, she

was not expecting what came next. Ms Riesman told her that the application she

submitted for Woodland Primary was successful in being one of ten schools to

receive an Indigo Love of Reading Foundation grant, and the only school in

Newfoundland and Labrador to receive the grant this year. Ms Sullivan was

ecstatic, and she said, "This will help to make our dreams come true. The

library is the heart of our school and we want to make it an inspiring place for

our students. A lot of our books are old and need to be replaced."

For the next three years, the school will receive $40,500 to be spent on

purchasing new books and on literacy initiatives - $5,000 of that must be used

for a special school program or initiative to inspire and promote the love of

reading in its students. Literacy is so important and it is always encouraging

to see such commitment to literacy and learning in our schools.

Mr. Speaker, on behalf of this hon. House, I offer my congratulations to Ms

Sullivan and her staff, and best wishes to the students of Woodland Primary.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Humber Valley.

SOME HON. MEMBERS: Hear, hear!

MR. KELLY: Mr. Speaker, I am proud to stand in this hon. House today to

pay tribute to Derrick Lovell, a Level III student at Main River Academy in

Pollard's Point. Main River Academy has a K-12 enrolment of 126 students.

Mr. Speaker, Derrick may be young but he has displayed an exceptional

commitment to environmental issues in his community. He co-founded a school

environmental group, Water, Air and Trees, to educate and empower his peers and

community, in part through shoreline cleanups, an adopt-a-beach program, and

events to discuss ocean-related topics.

Mr. Speaker, Derrick encouraged youth volunteerism as a treasurer and

co-president of Allied Youth, and serves on the National Youth Council of the

Primates World Relief and Development Fund, a national humanitarian

organization. He is a public speaker on issues he witnessed during a tour of

development projects in Mexico. Derrick is busy with the student council, school

breakfast program, volleyball, choir, and church activities.

Mr. Speaker, Derrick has recently been awarded the TD scholarship, $60,000,

was also a national Loran Award finalist, $3,000, and won the national

Millennium Excellence Award, $20,000.

Mr. Speaker, Derrick will be attending McGill University in the fall, and I

ask all members of this hon. House to join me in extending congratulations and

best wishes to him for such outstanding accomplishments.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Human Resources, Labour and

Employment.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to inform my hon. colleagues of this government's

commitment to student summer employment in Newfoundland and Labrador. The

provincial government supports two major student summer employment programs.

These are the Student Work and Service Program, commonly referred to as SWASP,

and the Level I, II and III Student Employment Program. In Budget year

2008-2009, a total of $2.5 million is being invested in these programs.

A student summer job is often a young person's first exposure to the labour

market. It is a great way to establish good lifelong work habits and to

understand the value of earning a living.

The Level I, II and III Student Employment Program helps high school students

secure work with not-for-profit organizations, community agencies, and

municipalities in the areas of summer recreation, heritage and community

improvement projects. Projects provide for three to eight weeks of paid

employment at no direct cost to the organization. This year we anticipate that

the Level I, II and III Student Employment Program will support approximately

480 projects and employ over 600 high school students.

SWASP provides a sponsoring employer with a wage subsidy of $4 per hour. In

return, the employer is required to hire a student for a minimum of twenty-five

to a maximum of forty hours each week. Under the program, the student can work a

minimum of five to a maximum of fourteen weeks.

Mr. Speaker, SWASP assists individuals currently attending or who plan to go

to a post-secondary institution in the upcoming academic year. It is available

to both for-profit and not-for-profit employers. This year's program will

enable 1,200 post-secondary students to be matched to employers and to secure a

meaningful job.

In addition to the SWASP wage subsidy, the student also receives a $50 per

week tuition voucher. For example, if a student works a maximum of fourteen

weeks then a $700 voucher is provided to help reduce the overall cost of their

tuition. This is a great way to both gain work experience and save for school.

In Budget 2008, $1.38 million is being invested to develop a comprehensive

Youth Retention and Attraction Strategy to encourage young people to stay, live

and work in our Province. We are moving forward with this initiative as it will

complement other youth services such as the student summer employment programs,

the graduate employment program, the Community Youth Network, and grants to

youth serving agencies. Government is firmly committed to engaging and

supporting our young people because when they succeed everyone in this Province

benefits.

I encourage our students to be safe on the job this summer, to gain new

experiences, to learn new skills, and to make sure that they enjoy themselves.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the minister for an advance copy of his statement, and to say

I congratulate him as well for continuing with those two wonderful programs,

knowing full well that our federal government, I believe, this year has cut

funding for the summer employment programs.

I know full well how important this is, not only to the students themselves

but to the various groups and organizations in all of our districts, to know

that they can hire on young people and do some valuable work that will help them

to prepare themselves for the future.

Mr. Speaker, it also takes a burden off many families, knowing that a student

can go out and probably make $800 or $900 or $1,000 over the summer to assist

them when they are preparing to go back to school.

I do not have any complaints with the program but I guess, like us all, I

would like to see more money and be able to see that more students were hired in

the district; but it is a wonderful program, Mr. Speaker, and I want to wish all

the students the very best and hopefully they will all get employment through

those two programs. If not, maybe the can pick up work through the public

sector.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

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

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

I am very glad to see the government continuing these two programs for

student employment in the summer. Both as an MHA, knowing constituents of mine

who have received these grants as well as a person who headed up a

not-for-profit organization, I fully know the benefit of this program and how

important it is, both for the organizations who do the hiring, as well as for

the students who get this really important employment experience. Besides the

fact, it also puts money in their pockets and it also helps them, especially in

the SWASP program, to look forward to their post-secondary education.

I would like to point out to the minister and to the government, that if we

are going to keep our young people here, we need more than these summer

employment programs. We need a plan for permanent job creation in this Province

so that our young people will have permanent, well-paying jobs that are going to

keep them here and not have them leave once they finish in the post-secondary

institutions where they will go on after having done these summer programs.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral questions.

Oral Questions

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

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, earlier today the Minister of Natural Resources held a press

conference on the Lower Churchill. During that press conference she indicated

that the provincial government is considering suing both the federal government

and the Quebec government for redress on the Upper Churchill.

I ask the Premier today: When did government first decide that it would

consider this action?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The Leader of the Opposition is correct. Earlier today I held a press

conference with Ed Martin, the President and CEO of Newfoundland and Labrador

Hydro and of our energy corporation and during the course of the news conference

I was asked a question with regard to the Innu Nation and the fact that they are

looking for redress from the Upper Churchill. Basically, Mr. Speaker, what I

said, in a nutshell, was that if the Innu want redress for the Upper Churchill

then we, as a government, have to consider who received the bulk of the benefit

from the Upper Churchill, which is clearly the Province of Quebec and the

federal government. We are trying to understand, as a government, if there is an

action to seek redress for the Innu Nation through the parties who have

benefited the most and received the lion's share from this project.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Last week in the House of Assembly, I questioned both the minister and the

Premier on this very issue regarding the Lower Churchill.

I ask the Premier again today: When did you start to consider these actions

on suing both the federal and provincial government, how long has it been

ongoing, and why there was no disclosure last week?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

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

Last week when the issue was raised about the Innu seeking redress for the

Upper Churchill, it was an issue that we decided to look at because, obviously,

as pointed out by my colleague, in determining whether or not redress is

appropriate, one must look at the profits.

Mr. Speaker, perhaps it will come as a surprise to no one that in 2006, up to

2006, the Quebec Government had a profit of $19 billion from the Upper Churchill

while the Province of Newfoundland and Labrador has received $1 billion. It was

on this basis, Mr. Speaker, that we determined to look at this issue to

determine if there is viability to the claim of the Innu and then to look

specifically at the federal government and Quebec.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I ask the minister where the figures came from that he just disclosed in the

House, and if he could provide us the documentation of it?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I would obviously have no problem providing the Leader of the Opposition with a

copy of the energy plan, which is very comprehensive and which contains the

figures outlined just then by myself.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Just a couple of details, Mr. Speaker.

The minister indicates that the Department of Justice was doing this review.

I ask the minister: How many lawyers, I guess, within the Department of

Justice are working on this court challenge and if government has hired or

retained external lawyers as well to do this work, or will be doing so in the

future?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I can inform the Leader of the Opposition that currently, right now, the only

person looking at this is the deputy minister, who is one of the - if not the

top civil litigator in our department. We are looking at - and again, I must

emphasize, Mr. Speaker, that one has to distinguish between the issue of the

Innu seeking redress and the Province seeking redress for the Upper Churchill.

There has never been redress made for the Upper Churchill.

Mr. Speaker, if there was a thorn that sticks in the Newfoundland and

Labrador psyche, than I would suggest to you that the Upper Churchill is that

thorn. It is the biggest inequity that has taken place, and if there is anyway

of ever redressing the harm that has been done to this Province, Mr. Speaker,

then as a government we owe it to the people of Newfoundland and Labrador to do

that and we will do that.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, the minister will know of course, in any legal

process that is followed, before you bring a case to court it involves giving

notice to the parties involved.

I ask if the provincial government, through his department or any other

department, have given notice to the federal government or the Quebec government

that there could be a lawsuit pending?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I say to the Leader of the Opposition, that before one gets to the point of

giving notice in a legal claim, you have to determine if a legal action exists.

At this point, the Innu Nation has raised an issue which we have undertaken to

determine if there is a viability or validity to that issue. The Innu Nation is

seeking redress for the Upper Churchill from the provincial government.

As stated by my colleague, the Minister of Natural Resources, the redress

being sought should be proportionate to the profits, and the profits, Mr.

Speaker, as outlined earlier, are $19 billion for Quebec, $1 billion for the

Province of Newfoundland and Labrador, and that inequity speaks for itself.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It is typical in any questions that you ask in this House, you get two

different responses from ministers.

This morning the Minister of Natural Resources said in a press conference

that government was looking at, as one of their options, suing the federal

government and the Quebec government. The Minister of Justice is now telling me

that he is not sure if a legal claim even exists here. So first of all, I say to

government, clarify your response please, in terms of what your course of action

is here.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

The Leader of the Opposition will say there are two answers given for every

question. Well there are usually two questions or three questions in every

question put forward, so I will try to deal with what I take it to be the

question.

We have not determined - the Province has not determined that there is an

action for redress, that the Innu Nation has an action for redress against

anyone. They came to the Province seeking redress. However, again, I must

distinguish between a claim by the Innu for redress and a claim for the Province

for redress. If there is to be an action in this case, Mr. Speaker, it would

have to be by the Innu Nation of Labrador.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Again, Mr. Speaker, in the minister's response this morning

this had nothing to do with the Innu Nation. The Innu Nation is seeking redress

from the provincial government who was the chief negotiators on that contract.

So, I say to the minister: Which is it, is the redress on the Upper Churchill

and the lawsuits to the federal government and the Quebec government being

pursued in the interest of the Innu Nation or in the interest of the provincial

government?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

It is my understanding, from discussions with my colleague, that today there

was a discussion of the Innu Nation seeking redress. They came to the Premier

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. KENNEDY: - seeking redress for the Innu Nation.

We are dealing with that; however, I can say, in relation to the hon. member's

question, one of the issues that brought me into politics was the terrible

inequity that exists in the Upper Churchill. If there is ever any way that we

can rectify the problems, we will certainly do it.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. KENNEDY: Because the members opposite, in the number of years they

were in government

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. KENNEDY: - I do not see any actions by the Liberal government, under

Premier Wells to Premier Grimes, having taken any steps to rectify that

intolerable situation.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Maybe the minister can tell me when the Innu Nation approached

you to look at a possible lawsuit against the federal government, or the Quebec

government, in terms of them getting redress on this project. Because my

understanding is that the Innu is looking from redress from your government.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Perhaps I am not making myself clear, perhaps my colleague

did not make herself clear, but it is quite simple. The Innu Nation said that

they would like to have redress from the provincial government before they will

continue negotiations on the Lower Churchill. They were talking about the Upper

Churchill. In order for the Province to determine whether or not there is any

validity to that claim, we have to look at the issue of Innu redress.

Again, I come back to the basics, Mr. Speaker. If there is to be redress, one

must look at those who have reaped most of the profits. In this case it is

clearly the Province of Quebec and certainly the federal government, because

these figures do not take into account that there would have been less

equalization paid to Quebec by the federal government. So both the federal

government and Quebec should be the primary targets of any action if one exists.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I would just like to ask the minister how much profit Quebec Hydro would have

earned on the Lower Churchill project in 2007, knowing that 12 per cent of the

capacity they sell in power comes from the Lower Churchill Project, knowing

their total profit for the whole year was $2.9 billion - the Upper Churchill.

Maybe he can tell me what the actual number was in terms of dollar value on

profit on the Upper Churchill last year for Hydro-Quebec.

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

I do not have those numbers with me immediately but I can certainly provide

them to the Leader of the Opposition - and happy to do so.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, we already know in our history in this Province

there have been two court challenges on the Upper Churchill. If the minister

claims it came to politics all over this issue, he will know all the history

about it as well. Both of those claims were dismissed: once under the recall

provisions, and the other under the cancellation of water rights.

I ask the Premier today, Mr. Speaker: What part of the contract will be used

by your government in any potential court challenge this time that was not used

in previous challenges that were dismissed in the courts?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

First, I have not said there is any court challenge pending in relation to

the Upper Churchill. What I have said is that we are dealing with here today, as

did my hon. colleague, with the issue of redress for the Innu for the Upper

Churchill.

Since the Liberal Leader seems to be steeped in history here today, one would

look back to around 1967-1969 and look at whether or not the federal government

and Quebec consulted the Innu or any other Aboriginal rights. Because it is my

understanding, Mr. Speaker, and I could be wrong on this, that Aboriginal rights

are not extinguished but there are no time limitations, and so the Innu are

certainly within their rights to seek redress on the Upper Churchill. What we

are trying to determine, Mr. Speaker: Is there a legal action which would call

into play any responsibility on the part of the provincial government?

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, the minister might want to read Hansard and see

what his Premier had to say last week, because it was a very different response,

I say to the minister.

Mr. Speaker, there have been some professors at Memorial University who have

recently suggested - and I think only in the last two weeks - that government

would launch a court challenge on the Upper Churchill contract, based on the

renewal clause.

I ask the minister: Is this one of the options that the Department of Justice

is now considering for this particular challenge?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: I have reviewed that article, Mr. Speaker, and it makes for

very interesting reading, but unfortunately we do not look to university

professors in political science or elsewhere to determine if we have legal

actions.

What we are looking at, Mr. Speaker, are any and all options that are

available to us, and I say to you again that here today we are looking at a

request by the Innu Nation for redress in relation to the Upper Churchill.

Again, I can only repeat myself so often, Mr. Speaker, but the issue of Innu

redress is separate and apart from any provincial claim for redress in relation

to the Upper Churchill. The Lower Churchill and the Upper Churchill in relation

to Innu are not particularly related, other than they are seeking redress.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I certainly would not expect the Minister of Justice to take advice from

anyone, including professors at Memorial University.

Anyway, Mr. Speaker, should this go before the courts, it would take a number

of years, I am sure, to reach a decision, and it could also impact negotiations

with Ottawa and Quebec, and the timelines for any developments on the Lower

Churchill.

I ask the Premier today: What are the timelines that are now being considered

for any potential legal action, and what impact will that have on the overall

project, or an overall deal on the Lower Churchill development itself?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

This is just one of the many challenges that we face in terms of dealing with

the development of the Lower Churchill. We have overcome many challenges; we are

sure we will overcome this one as well. Because, Mr. Speaker, the bottom line

is, what has happened on the Upper Churchill and the development of the Lower

Churchill are not linked. So, while the negotiations with the Innu Nation are on

hold for the moment, we expect them to progress and our timelines have not

changed. We are looking forward to the beginning of construction in 2010, and

first power in 2015.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

We know that the Province had been hopeful of getting a loan guarantee from

the federal government, but I say to you, Minister, if you are to launch this

particular lawsuit, do you think that is going to have an impact upon you being

able to secure any kind of deal with the federal government in the future for

any funds to develop any part of the hydro development industry in this

Province?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The one thing that we have reiterated time and time and time again is that

this project will proceed, with or without the federal government.

Mr. Speaker, this is a tremendous project one of the best left in North

America - and we will not be asking for a handout from anybody. Anybody who has

the opportunity to invest in this project will have a good deal, and it is in

the best interest of the federal government because not only is this good for

Newfoundland and Labrador but this is good for Canada.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Last week, Mr. Speaker, when I asked the Premier about

negotiations with Quebec, or the potential for transmission of power through

Quebec, he said that they would keep all their options open.

I ask you today, Minister: Launching a lawsuit against the Quebec Government,

is that keeping your options open for the transmission of power through that

part of the country?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

As I said here in the House last week, because of the commercial arrangements

that Quebec has with the United States, there is a process called open access

transmission tariff, in which Quebec has to agree to allow other states or

provinces to wield power through Quebec, the same way that it wields power

through states.

We do not have to depend on goodwill, because goodwill from the federal

government has not gotten this place very far, Mr. Speaker. So we are dependent

on the rules and regulations that are in place, not from the federal government,

I am sad to say, but because of the commercial arrangements that Hydro-Quebec

has in the United States.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, I would think that a lawsuit against the Province of Quebec is

really ruling them out as an option, I say to you, Minister, so that brings me

to the question of looking at the Maritime access route which, as you know

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: - will include wielding power through two other provinces in

Canada and four states in the United States, all of which do not have

transmission capacity right now to be able to handle that power.

I ask you, Minister: What are your other options?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: I suggest that the Leader of the Opposition get a lot more

informed before she starts raising those kinds of questions in the House.

Not only is the subsea route absolutely possible - and I can point to Europe

if you want examples as to how that works - but we have Nova Scotia hungry for

our power, we have New Brunswick hungry for our power, and we have the New

England states hungry for our power.

We have no problem in finding purchasers for renewable green energy that is

going to be available to customers for hundreds of years.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister says they are hungry for power. Well, I ask you, Minister: Are

they hungry enough to build the transmission lines to access that power, or is

that part of the deal that this Province will have to look at as well?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Mr. Speaker, we do not give our resources away. If there

is one thing that the people of Newfoundland and Labrador know, and something

that the Opposition should know by now, is that we do not give our resources

away.

When we develop a resource in this Province, whether it is the Lower

Churchill or any other project, you can be guaranteed, Sir, that there is going

to be a good return to the people of Newfoundland and Labrador!

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Well, Minister, I don't put a lot of credence in many things your

government says. You talk about being open and accountable. Last week I asked

for six particular documents related to the Lower Churchill Development project

and none of them were tabled in this House. This morning you reiterated time and

time and time again the words you like to use, about openness and

accountability.

I ask you minister: Will you now table those reports that have been completed

on the Lower Churchill project in the House of Assembly so we can see the

information for ourselves?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: All I can say is, thank God, Mr. Speaker, that they are

over there and we are over here.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Let's make all the information that we have on the Lower

Churchill available! Let's make it available to Hydro Quebec, our biggest

competitor! Let's make it available to people who are trying to undermine us!

Let's make it available to people who are trying to access our power! And, we

will be left here at the end of the day with no better deal than we got on the

Upper Churchill, thanks to the crowd opposite.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It was alright back in 2002 when your Premier was standing in this House

demanding information on the Lower Churchill and on the Voisey's Bay project.

He wanted everything available, everything out in the marketplace, Mr. Speaker,

(inaudible).

SOME HON. MEMBERS: Oh, oh!

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

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, last week Justice Cameron ruled against the government's

application to limit questioning at the Cameron Inquiry.

Today I ask the Premier: Now that this decision has been made, will you and

the Minister of Justice commit to no further interference in this Inquiry?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

We sought clarification from the Commission, we have received that

clarification, and we are okay with the ruling.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Justice Cameron also requested additional resources and an extension to

February, 2009, to complete her work at the Inquiry.

I ask the Premier today if he will commit to provide for the time and the

resources, as was requested by Justice Cameron.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

We received the letter, as previously outlined, from Commissioner Cameron. We

have sent a letter back requesting some information. As the Premier has

previously stated, and as I have stated, there will be an extension forthcoming.

The extension being sought by the commissioner at this point is to February 28,

2009. We will be replying in short order, but the commissioner will be granted

an extension.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

My first question is for the Minister of Natural Resources.

For the third successive week and for the fifth time I will ask again,

Minister: Will you table the names and the dates of appointments of the members

of the Conflict of Interest Advisory Committee?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The question was put to me last week, not three weeks ago, and I am happy to

table the document today, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

So much for openness, once you pry it out of them like teeth.

My next question is for the Minister of Business.

The minister has a fund of $32 million in his department for business

start-up in the Province, and that fund has not yet provided any funding to

prospective companies.

As reported in The Telegram this weekend, Credential Consulting Inc.

was looking to this fund to help establish 150 jobs in Central Newfoundland. The

proposal was rejected and the company relocated to New Brunswick where they

received both funding from the New Brunswick Government and ACOA to the tune of

in excess of $1 million.

I ask the minister: What was missing in this proposal that prompted our

Department of Business to reject it, that you are aware of,

whereas the other

province and ACOA came to the plate?

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

SOME HON. MEMBERS: Hear, hear!

MR. ORAM: Thank you, Mr. Speaker.

Mr. Speaker, the fact of the matter is that, because of confidentiality

issues, we will not be speaking to this particular company or what any company

would do in terms of what they are doing with the Department of Business.

It was very clear in The Telegram

article that they would not give any

comments on this particular file, and we certainly will not be doing anything as

well.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

I think the people of this Province deserve an answer as to why 150 potential

jobs are not in this Province and have gone to New Brunswick, next door. I think

you can certainly tell us that, Minister, without breaching any confidentiality.

Is there some particular reason - in a general, generic sense - that you can

tell us, that they did not pass the smell test according to yourself and your

department?

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

SOME HON. MEMBERS: Hear, hear!

MR. ORAM: Thank you, Mr. Speaker.

Again, Mr. Speaker, I say to the hon. member across the way, this government

is not in the business of going out and revealing everything that is going on in

terms of companies that want to come to Newfoundland and Labrador. If we start

going out and giving out information that is coming to our department on behalf

of companies that have stated clearly - stated clearly, I say, Mr. Speaker -

that they will not engage with The Telegram or any other paper or any

other form of media to give any information on this deal, if they do not want to

deal with the media then we certainly will not be doing that as well.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

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

Mr. Speaker, I was very disappointed to hear no discussion this morning of

the role of the environmental assessment review in the update on the Lower

Churchill, presented by the Minister of Natural Resources.

Based on recommendations of the two federally-responsible authorities, there

will be a joint panel to review the environmental impact statement that

Newfoundland and Labrador Hydro will have to prepare.

Mr. Speaker, I ask either the Minister of Environment or the Minister of

Natural Resources to give us some idea of how far along it will be in the

process before the joint review panel is struck.

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The purpose of my news conference this morning was to share with the people

of Newfoundland and Labrador the expenditures that have been associated with the

development of the Lower Churchill to date.

At the present time the energy company is involved in studies that will

support the filing of their environmental impact statement, and that work is

ongoing.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

The minister is right, this morning's announcement had to do with the

expenditures that have been made to date regarding the Lower Churchill

development, and the statement indicated that the company would not put any

money into Phase 3 of the development without the key deliverable of the Impacts

and Benefits Agreement with the Innu Nation. There are other major deliverables,

one of which is the role of the review panel.

I ask the minister pertinent exactly to what was talked about this

morning where do the recommendations of a review panel, which is not even

yet appointed, fit into the timeline and expenditure plans of Newfoundland and

Labrador Hydro that were presented this morning?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, the environmental assessment process for the Lower Churchill is

moving along. The process for the draft guidelines, that is near complete and

the next phase will be an MOU. That will go out for public comment in the very

near future, and that will address issues such as the panel, the number of

people on the panel, and so on.

Once that is complete and comes back to us, we will certainly be able to

provide more information.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: Thank you, Mr. Speaker.

I wonder if the Minister of Environment and Conservation could tell us: Who

is the MOU between?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

That MOU would be between our Province and the federal government.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi

Vidi.

MS MICHAEL: I have to say, I am really disappointed and it is not

just with the provincial government that I am disappointed around this one

with both the federal and provincial authorities, that they did not follow a

similar process as was followed in Voisey's Bay, where the Aboriginal groups

were involved in the MOU. I wish that were the case here.

I will ask the Minister of Environment and Conservation: Surely, you must

have some position with regard to when this panel will be put in place? When the

environmental impact statement is finished by Newfoundland and Labrador Hydro,

to whom will it be presented?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, as I had mentioned, the MOU will go out for public comment in

the next couple of weeks, of which there is a thirty day process for public

input and comment. Following that process, my staff and myself will review what

comes out of that very public and open process. It will speak to how many people

will be on the panel and the make up of the panel. Certainly, we will be able to

give you more information once that process is complete.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order please!

The time for questions and answers has expired.

Before the Chair moves onto Presenting Reports by Standing and Select

Committees, the Chair would like to recognize a former member of this

Legislature, who sat here, I would think, from 1989 to 1996, Mr. Alvin Hewlett.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Tabling of Documents

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

Board.

MR. T. MARSHALL: Thank you, Mr. Speaker.

Pursuant to

section 26.5(

a) of the Financial Administration Act, I am tabling

one Order in Counsel relating to funding pre-commitments for the 2009-2010 to

2012-2013 fiscal years.

Thank you, Mr. Speaker.

MR. SPEAKER: Further tabling of documents?

Notices of Motions.

Notices of Motion

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

MS BURKE: Mr. Speaker, I give notice that under Standing Order 11 I shall

move that the House not adjourn at 5:30 p.m. on Tuesday, May 27, and further I

give notice that under Standing Order 11 I shall move that the House not adjourn

at 10:00 p.m. on Tuesday, May 27.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further notices of motions?

The hon. the Member for the District of St. John's East.

MR. BUCKINGHAM: Mr. Speaker, I give notice of the following motion:

WHEREAS Members of the House of Assembly are provided with one paper copy of

documents tabled in the House; and

WHEREAS the transparency and accountability act has greatly increased the

number of documents that require tabling and distribution; and

WHEREAS these circumstances have necessitated an increased amount of paper to

meet these requirements; and

WHEREAS the Legislative Library is the only location where a complete set of

tabled documents for each Session can be viewed; and

WHEREAS the government has committed to sound recycling and reduction

policies;

THEREFORE

BE IT RESOLVED that the House of Assembly investigate, in a timely

manner, procedures which will reduce the use of paper for tabled documents to a

minimum.

Thank you.

MR. SPEAKER: Further notices of motions?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

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

I rise today to present another petition on behalf of the residents of Torbay,

Pouch Cove and all of that vicinity with regards to the Torbay Bypass Road. I

will say right from the outset, I know the minister or her officials have been

in consultation with the people and, hopefully, they are addressing some of the

concerns that the people do have.

Mr. Speaker, just to go over it again, they are concerned about the beginning

of the highway, which would be two kilometres and will be turned into a

five-lane highway travelling into the community of Torbay. What they are asking,

through their petition, through the minister, to ask government to reconsider

the beginning of the route, to start at the entrance just outside of St. John's.

I know there were a couple of issues that officials have concerns about and that

is with regards to the watershed area, as well as the possible extension to the

airport some time in the future, even though there is no request in.

Those people have grave concerns. There are quite a few liveyers who live in

that area and they are concerned about the problems that they will have with the

traffic there, not only during construction but even after the fact, once the

road is built.

It gives me great pleasure to stand and present this petition on behalf of

those residents and to ask the minister and to urge government to take a second

look at - they are not against the full highway, it is just the two kilometre

section leading into the Town of Torbay.

Thank you, Mr. Speaker.

MR. SPEAKER: Further Petitions?

Orders of the Day.

Orders of the Day

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

MS BURKE: Mr. Speaker, I ask that Motion 2,

An Act To Amend The Energy

Corporation Act, Bill 35, be now read a first time.

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

Natural Resources shall have leave to introduce a bill,

An Act To Amend The

Energy Corporation Act, Bill 35, 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 35 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'.

The motion is carried.

Motion, the hon. the Minister of Natural Resources to introduce a bill,

"An Act To Amend The Energy Corporation Act," carried. (Bill 35)

CLERK: A bill,

An Act To Amend The Energy Corporation Act. (Bill 35)

MR. SPEAKER: This bill has now been read a first time.

When shall Bill 35 be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 35 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, I ask that Motion 3,

An Act To Enable The Issuance

Of Water Rights To The Energy Corporation Of Newfoundland And Labrador For The

Lower Churchill River, Bill 36, be now read a first time.

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

Natural Resources shall have leave to introduce a bill entitled,

An Act To

Enable The Issuance Of Water Rights To The Energy Corporation Of Newfoundland

And Labrador For The Lower Churchill River, Bill 36, and that the said bill be

now read a first time.

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

introduce Bill 36 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'.

The motion is carried.

Motion, the hon. the Minister of Natural Resources to introduce a bill,

"An Act To Enable The Issuance Of Water Rights To The Energy Corporation Of

Newfoundland And Labrador For The Lower Churchill River," carried. (Bill

36)

CLERK:

An Act To Enable The Issuance Of Water Rights To The Energy

Corporation Of Newfoundland And Labrador For The Lower Churchill River. (Bill

36)

MR. SPEAKER: Bill 36 has now been read a first time.

When shall the said bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 36 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, I would now like to call from the Order Paper,

Motion 4.

MR. SPEAKER: The Chair is ready to hear debate on Motion 4.

The hon. the Minister of Innovation, Trade and Rural Development.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, as members of the House would know, and certainly many people in

the general public, I suspect, coming out of some of the affairs of the House of

Assembly as it related to constituency matters a couple of years ago, Chief

Justice Green was appointed to do a review of the House of Assembly affairs and

constituency matters and what have you, and provided a report. The report, which

was entitled Rebuilding Confidence, was received by the House back - about this

time last year, I guess it was, and we adopted legislation at that time to begin

the implementation of Chief Justice Green's report.

Mr. Speaker, one of the key components of Chief Justice Green's report was

the assertion that the House of Assembly, as he said, must have a role in

debating and defining in a public way the standards of public behaviour that

they should apply to themselves. Mr. Speaker, that was to be in the form of a

Code of Conduct; a Code of Conduct for members and a Code of Conduct for

Officers of the House of Assembly, I guess, for lack of a better way of putting

it.

The Code of Conduct for employees of the House of Assembly was established

some time ago. The Code of Conduct for members, Mr. Speaker, the development of

that required and entailed the establishment of a committee, Standing Committee

of the House of Assembly on Privileges and Elections. That committee was

comprised of the Member for Placentia & St. Mary's, the Member for Baie

Verte, the Member for St. John's East, the Member for The Isles of Notre Dame,

the Member for Burgeo & LaPoile, the Member for Port de Grave, and the

Member for Signal Hill-Quidi Vidi.

Mr. Speaker, over the course of the past while this committee has met on a

couple of occasions, and they, in consultation with Officers of the House of

Assembly, have reviewed Codes of Conduct from across Canada and throughout the

British Commonwealth, and their findings have been presented to the House. That

is what I am here to speak to, right now.

They found, through the course of their deliberations, that there were

essentially two models when it came to the establishment of Codes of Conduct

throughout the Commonwealth. One was a very comprehensive one, which is

essentially the British model, the Code of Conduct for Great Britain. The other

one, Mr. Speaker, on the other end of the spectrum is a fairly simplified model,

which is, in my understanding, used in Saskatchewan.

Mr. Speaker, after deliberations it was determined by the committee that the

most appropriate one for our Legislature was the more simplified form, due in

large part because of a couple of acts, the House Of Assembly Act, and the House

Of Assembly Accountability, Integrity And Administration Act. Mr. Speaker, what

they decided, what they recommended to us here in the House, is that we simply -

as opposed to in a very repetitious way, articulating much of the stuff that you

see in a bit more comprehensive act, that we just affirm the principles of the

acts that govern our Legislature and the people in it.

So, Mr. Speaker, as a result of that, the Code of Conduct is before us. I

just want to speak very briefly in support of it. We need to have - most

professions and most organizations have Codes of Conduct. We see the need, not

only in our own Legislature with the happenings of late, but if you look around

the corporate community, if you look around any number of organizations and

sectors throughout our society and economy, you see many instances where the

conduct of people was unbecoming of the offices that they hold. Mr. Speaker,

that speaks to the need for us to have this Code of Conduct.

Mr. Speaker, I am not sure what I am supposed to do here right now, because I

am speaking to a motion as opposed to a bill. That is something I am not used to

speaking to, unless it is a private member's resolution.

I just want to say in closing, Mr. Speaker, that I am certain that all

members will support this motion today. I look forward to unanimous passing of

it when we get around to voting on it, and I, for one, certainly support the

code.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to stand and take a few moments to speak on behalf of Motion 2, and to

say that I was a part of the committee. I did apologize in private but I will

apologize in public now, because I did miss a couple of meetings when some of

the discussion took place.

Mr. Speaker, I stand here today fully in support of this motion and I guess

just to add a few comments to it.

No doubt about it, each and every one of us, when we come to this hon. House,

come here with the responsibility laid upon our shoulders that we are, to the

best of our ability, to serve the people who have put faith in us and selected

us to come here to this hon. House of Assembly.

I know when I got elected first in 2001, in a by-election, I believe that I

came here with that in mind at that time. To me that has not changed, and I am

sure each and every individual here feels the same way.

We know that many of the issues revolve around other acts and our Standing

Orders and so on, and I guess each and every one of us, now that we have our

Code of Conduct, will discipline ourselves not only how we perceive to be acting

to the public but, more so now with our television coverage, even how we

interact with each other and how we respond to each other in the House of

Assembly.

Mr. Speaker, I guess, like my hon. colleague mentioned in his opening

remarks, this all came about through the Green report and was one of the

recommendations. We are supposed to do everything above board, as legal as

possible, but one of the biggest things that I see since the new rules and

regulations came in - and I think a lot of people in the general public still do

not understand what we have been asked to do.

I just want to touch on one issue, and that is with regard to the issue of

donations. This year, I have received twenty letters from people in my district

who are requesting donations. They are not just from someone on the street who

does not understand it. I receive them from schools, I receive them from various

organizations and individuals, and it seems like when I tell them I am sorry, I

cannot give you a donation this year, they think that the donation I gave them

previously was okay but I must have given something to someone else that was not

right.

That is why we are doing it, because we are told now that we have to watch

the public purse, and one of the things that came in was that we cannot give

donations. Hopefully, if nothing else comes from the few words that I am about

to say today, the general public who are listening will understand that each and

every one of us cannot give donations. We have been advised even to be very

careful if you give a little personal donation at the door. You have to say that

it is not coming from you as the MHA, even though that is hard to distinguish to

the individual who comes to your door because they know whose door they are at.

That is one of the issues that I still find difficult to explain to people, and

I am sure, through our Code of Conduct, we are going to do everything we have

to, to live by that.

The other thing we talk about, conflict of interest, the public interest, and

keeping the public informed - and they have a good understanding of what we are

doing here. Like I said, it all came through the Green Report and through, I

guess, the work of the Auditor General previous to that.

Another one I really like here, and I think each and every one of us do this

anyway, is the relationship between us, as members, and the people in the

various departments, the civil service. I have to say, prior to being elected, I

worked in the Department of Social Services at the time, I worked in the

Department of Transportation and Works, and I also worked in the Department of

Fisheries as an executive assistant. I say, back in those days, from 1989 right

up until 2001, I enjoyed every moment of working with those individuals on a

one-on-one basis. They are wonderful people, and that relationship will not

change because I am in an official position now as an elected representative,

because we have to work hand in hand with those people. I think we see the

co-operation that is extended to us when we have our Estimates and the ministers

come in with all of their officials and we sit down and go over the Estimates,

and work jointly with those people.

Mr. Speaker, one thing, I guess, in conclusion, we have to, as members,

promote ourselves and support the principles by our leadership and examples that

we set. I think each and every one of us here - and not only the ones that are

here now but there are many people who have gone through the doors of the House

of Assembly over a number of years. No doubt about it, from time to time things

may go wrong, but I believe each and every individual comes here to do what is

best for the people they represent, and to do it in an honest manner.

Mr. Speaker, I have no problem in standing and supporting this piece of

legislation, this motion, and I am sure each and every member will support it to

the fullest.

Thank you, Mr. Speaker.

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

SOME HON. MEMBERS: Hear, hear!

MR. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, it would be prudent today to read into the record the Code of

Conduct so the public will be aware and be familiar with what exactly it is we

are talking about here. It is rather lengthy, but we feel it might be necessary

to do that.

Mr. Speaker, as was pointed out by my colleague, the Minister of INTRD I

can never remember the words of that particular department, Mr. Speaker, so you

will have to accept that when he stated that this code comes out of an

analysis of a number of different codes that we looked at from different areas

of parliamentary jurisdiction within the Commonwealth, and it is prefaced on the

legislation, the House of Assembly Accountability, Integrity and Administration

Act, and the House of Assembly Act.

Because we have these two acts already in existence, these, in and of

themselves, lay out most of the provisions necessary to govern conflict of

interest situations regarding members. So, there was no need to reinvent the

wheel when we did a new Code of Conduct, Mr. Speaker, since most of the

provisions were covered in these acts.

Furthermore, the enforcement aspect of this Code is also included in the Act,

with the provision of the Commissioner who has practically unlimited authority

to act on violations of the Code.

Having said that, Mr. Speaker, I will just introduce the Code for the record.

The Code of Conduct for Members of the House of Assembly.

Commitments:

Members of this House recognize that we are responsible to the people of

Newfoundland and Labrador and will responsibly execute our official duties in

order to promote the human, environmental and economic welfare of Newfoundland

and Labrador.

Members of this House of Assembly respect the law and the institution of the

Legislature and acknowledge our need to maintain the public trust placed in us

and integrity.

The Principles of the Code, Mr. Speaker, are as follows:

1. Members shall inform themselves of and shall conduct themselves in

accordance with the provisions and spirit of the Standing Orders of the House of

Assembly, the House of Assembly Accountability, Integrity and Administration

Act, the Members' Resources and Allowances Rules, the Elections Act, 1991, the

House of Assembly Act and this Code of Conduct and shall ensure that their

conduct does not bring the integrity of their office or the House of Assembly

into disrepute.

2. It is a fundamental objective of their holding public office that members

serve their fellow citizens with integrity in order to improve the economic and

social conditions of the people of the Province.

3. Members reject political corruption and refuse to participate in unethical

political practices which tend to undermine the democratic traditions of our

Province and its institutions.

4. Members will act lawfully and in a manner that will withstand the closest

public scrutiny. Neither the law nor this code is designed to be exhaustive and

there will be occasions on which Members will find it necessary to adopt more

stringent norms of conduct in order to protect the public interest and to

enhance public confidence and trust.

5. Members will not engage in personal conduct that exploits for private

reasons their positions or authorities or that would tend to bring discredit to

their offices.

6. Members will carry out their official duties and arrange their private

financial affairs in a manner that protects the public interest and enhances

public confidence and trust in government and in high standards of ethical

conduct in public office.

7. Members will base their conduct on a consideration of the public interest.

They are individually responsible for preventing conflicts of interest and will

endeavor to prevent them from arising. Members will take all reasonable steps to

resolve any such conflict quickly and in a manner which is in the best interests

of the public.

8. In performing their official duties, members will apply public resources

prudently and only for the purposes for which they are intended.

9. Members will not use official information which is not in the public

domain, or information obtained in confidence in the course of their official

duties, for personal gain or the personal gain of others.

10. Relationships between members and government employees should be

professional and based on mutual respect and should have regard to the duty of

these employees to remain politically impartial when carrying out their duties.

11. Members should promote and support these principles by leadership and

example.

12. This Code of Conduct has a continuing effect except as amended or

rescinded by Resolution of the House of Assembly,

Mr. Speaker, this constitutes the commitments and the principles of the code.

I would like at this time, as Chairman of the Committee, to extend my thanks and

appreciation to the other members of the Committee: the Member for St. John's

East; the Member for Port de Grave, the Vice-Chairman of the Committee; the hon.

the Opposition House Leader; the hon. the Member for Signal Hill-Quidi Vidi; the

hon. the Member for Baie Verte-Springdale; and the hon. the Member for The Isles

of Notre Dame. I think that is the complete Committee.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Osborne): The hon. the Member for Signal Hill-Quidi Vidi.

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

I am glad to have a few moments to speak to this motion. I, too, was a member

of the committee that worked on the code of ethics. I am very proud to have been

part of that group who worked on this. I am also proud to be part of a

Legislature that is passing this code because not every legislature has one,

which was significant when we, as a group, were looking at a code of ethics for

the Members of the House of Assembly and we looked around the country, we saw

where codes existed and where they did not. We even went further afield. We went

to codes of ethics outside of the country as well. We went to places like

Australia to see what they had. I think we went to Wales, also.

We are not somebody who is in the forefront because it has been done before,

but we certainly are one of a few when it comes to having a code of ethics. I

know that we did it as a direct result of the report of Chief Justice Green and

so, in a sense, we were pushed to do it, but we have done it.

I want to speak a bit about that, being pushed to do it. There is no

secret that there were many issues that came up in the Green report that maybe

enlightened the eyes certainly of the public and maybe enlightened the eyes of

even people in the House of Assembly with regard to how things worked in the

House of Assembly. One of the things that Chief Justice Green pointed out is

that here, in the House of Assembly, we have a responsibility to the public and

we are not above that public or beyond that public, we are part of it. We do not

have the right to special treatment. We have a responsibility to be open, to be

accountable and to be transparent, which of course is the name of the act that

resulted from his report.

I think it is really important that we recognize that there was a culture

that was operating from generations in the House of Assembly, that there was a

notion of privilege. I think what this code of ethics does is to say that we

recognize that that notion of privilege, because of who we are, is not what we

are claiming. When one reads the code of ethics, as my colleague just read, who

had been the chair of the committee, we recognize through this code of ethics

that we do not recognize privilege; we recognize responsibility, because we are

the ones who are dealing with the public purse. We are the ones who are using

the money of the public and we need to be sure that every time we spend that

money, that we are spending it responsibly and for the good of the public. If

the money does go to some work that we do, that if I receive money because of

travel and I have expended money because of travel, that I have to be sure, and

the House would expect me to be sure and the public would expect me to be sure,

that that travel was for the good of my constituents or, in my case as the

leader of a party, good for the people of the Province, so that they can be

assured that their money is not being wasted, that their money is not going to

something frivolous, that it is going to something that is adding to the good of

the public.

That is our responsibility, and that is what we say in this code of ethics.

Even though we say upfront in the first principle that we shall conduct

ourselves "in accordance with the provisions and spirit of the Standing

Orders of the House of Assembly, the House of Assembly Accountability, Integrity

and Administration Act, the Members' Resources and Allowances Rules, the

Elections Act, 1991, the House of Assembly Act" and we do not repeat

everything that is in those acts, we did make a very deliberate decision as a

committee to put in a couple of things that people will say: Well, that is a

repetition. We felt that some repetitions, even though you can find them in

those acts that I have referred to, that some of these repetitions are important

so that we ourselves know and the public knows how seriously we view a couple of

the things that we have clearly repeated.

One of those, for example, has to do with carrying out our official duties

and arranging our private financial affairs in a manner that protects the public

interest and enhances public confidence and trust in government and in high

standards of ethical conduct and public office. Certainly, under the acts that I

have quoted, we already - especially under the Elections Act - hold ourselves

accountable to make sure that our private financial affairs are in order and

that our private financial affairs are arranged in such a way that protects the

public interest. We felt, because of history and because of people being let

down in the Province by the system, that we want to recognize this very

particularly as something that we are committed to. So we repeated it, even

though it does exist clearly in some of the other acts that are referred to in

principle one.

Another thing that we repeated is principle number nine, and principle number

nine says: "Members will not use official information which is not in the

public domain, or information obtained in confidence in the course of their

official duties, for personal gain or the personal gain of others."

Again, we believed, as a committee, that it was really important to repeat

that principle even though it is found in some of the acts that are quoted in

principle one. We believe it is important that we did that to show people how

important we think this understanding is, and that we understand clearly what we

are committing ourselves to as MHAs when we pass this motion, because, in

effect, when we pass the motion that is our assent to the code of ethics.

When we pass the motion, it will be as if we each stand in the Hose and read

that code of ethics. While I do not imagine we will do that physically, that is

everybody stand separately and read it, with the passing of the motion that in

and of itself is the commitment. I would imagine - we have not talked about this

as a committee but it is something that perhaps will have to considered, that

down the road when one becomes an MHA, how do we recognize, in a formal way, our

commitment to our own Code of Ethics?

Having a Code of Ethics is not something bizarre, it is not something

strange. I do not think there is one professional group in our society that

would not have a code of ethics. I think what this does is recognize that we are

a professional group of people, that we have a very particular profession, a

profession that has a lot of demands and carries a lot of responsibilities, so

our Code of Ethics is doing that. Our Code of Ethics is recognizing that, though

we have demands, we have responsibilities that go with those demands, and we

recognize them and we take them on as individuals and as a group.

Once again, I think it is very important that we are doing this and I am

proud that I am part of a Legislature that is one of some but not of all in our

country who now has a Code of Ethics, or will have when we pass this motion.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the Government House Leader for allowing me a couple of

minutes. There was something I was going to make in my comments when I was up a

few minutes ago. I can assure you, it is not new news to all of the members here

in this hon. House, but I think it is worth saying, seeing it is one part of the

Code of Ethics for the general public, and that is item number six, where it

says: Members will carry out their official duties and arrange their private

financial affairs in a manner to protect their own integrity and that of the

position they hold.

We all know what we have to go through here in this House. A lot of people do

not understand, I think, that we do have, each and every year, to do a Conflict

of Interest. It goes into the Chief Electoral Office, to the gentleman, Mr.

Reynolds, where we all have to file it. I think that is very important, that the

public know that. We are under scrutiny here, not only in the House, the way we

conduct ourselves, but the way we carry out our own financial affairs as well.

In conclusion, I just want to say that I guess a lot of people look at us, as

politicians, that we are very low on the totem pole, but I can tell you, we all

come here from various, I guess, fields when we go to the people and ask them to

elect us to this House. I have to say, I think it is one of the most honourable

positions that anyone can be in. Each and every one of us, when we stand, or

when we represent our people, that is the way we feel.

I just want to thank you for that opportunity to state what I wanted to say

on item number six.

Thank you, Mr. Speaker.

MR. SPEAKER: If the Minister of Innovation, Trade and Rural Development,

and the Minister of Fisheries and Aquaculture, speaks now he will close debate.

The Minister of Innovation, Trade and Rural Development, and the Minister of

Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, just in conclusion, I think it is important to reiterate, as

both of my colleagues across the floor just did, how because I believe the

Member for Signal HillQuidi Vidi also spoke to the same point that the Member

for Port de Grave just spoke to how each and every one of us, when we come

in here, before we can take office, have to, within thirty days, I think it is,

or however many days it is of taking office, we have to file our disclosure

statement to the Commissioner of Members' Interests, disclosing what our

property is, our assets and our liabilities and what have you, and certainly,

for anybody who is in Cabinet, you have to distance yourself from any private

sector interests and ensure that you do not involve yourself in any business

affairs. As a matter of fact, when we walk out of this place, I do not know the

exact time period associated with it now, but, of course, as a minister or as a

premier you are prohibited from engaging in relations and business dealings with

any company or organization that you would have had direct connection with as

part of your portfolio.

There are fairly onerous rules upon us and, Mr. Speaker, while some days we

get discouraged, and the public gets discouraged with us and we get discouraged

with ourselves, I think that by and large the people of Newfoundland and

Labrador do value the job that their Members of the House of Assembly do. I know

when you walk down the street sometimes, if you pay attention to everything

that you hear on Open Line or some of the stuff that you hear in various media

outlets, some days you get pretty discouraged. I think that we all, from time to

time, need to reflect on - when we show up at a meeting. While people might

disagree with you, by and large, after the meeting is over, people will say to

you: Well, I might not agree with you but at least you tell it the way it is.

I think that, while we get discouraged sometimes, there is an underlying

level of respect there for this House in the populace of Newfoundland and

Labrador. The importance of this Code of Conduct and some of the legislation

that we have adopted over the course of the past couple of years will only serve

to reinforce that and protect I think what we are doing here is bringing in

legislation or, in this case, a motion and a Code of Conduct to protect

ourselves from ourselves, because some days it is easy enough to slip up.

Sometimes people do it inadvertently, sometimes it is purposely.

That, as I said in my earlier statement, is not the people in this House

are very much a reflection of society as a whole. As the Member for Port de

Grave said, if you look at the diversity of backgrounds that sit in this House

I came from the fishing industry. There are people here who are teachers and

came out of the social work field, and we know the Premier's background. There

is a fairly diverse group of people who sit around here, and when it comes to

our actions we very much reflect, I think, in our thinking, what the general

population is.

Anyway, Mr. Speaker, in closing debate on this motion, I would like to thank

the Committee members for their work, to thank the Officers of the House of

Assembly for their research in bringing together this Code of Conduct.

I am sure I do not have to ask it, but I look forward to the vote and

unanimous adoption of this Code of Conduct.

Thank you, Mr. Speaker.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion?

All those in favour, please say aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, please say nay'.

In my opinion, the ayes' have it.

Motion carried.

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

MS BURKE: Mr. Speaker, I would like to call Order 8, second reading of a

bill,

An Act To Provide For The Protection Of Personal Health Information. (Bill

Motion, second reading of a bill, "An Act To Provide For The Protection

Of Personal Health Information. (Bill 7)

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

It is my pleasure today to make some comments about Bill 7,

An Act To Provide

For The Protection Of Personal Health Information.

Mr. Speaker, as most people in this House and most people in Newfoundland and

Labrador would probably acknowledge, personal health information is probably

among that which is most important in our lives. It requires a tremendous amount

of protection. Also, some of the most sensitive information may be collected

upon us as it profiles our particular health status. Information that we provide

to our family doctors, information we provide to physicians and other health

professionals who are treating us while we are in hospital, the pharmacists we

may see, any number of people would be in a position to collect personal health

information.

What this piece of legislation does, Mr. Speaker it is a new piece of

legislation that we are introducing this piece of legislation establishes

the rules that govern the collection and the use and dissemination and

disclosure of personal health information.

It will also, very specifically and I will speak to some of the details

of the act in a moment but just to give you a broad sense of overview, the

legislation now starts to identify the manner in which health information can be

collected, who can collect it, how it can be used, what organizations can have

it, and how it must be stored. It also deals with how information should be

protected when it has been stored by individuals.

The legislation also goes about clarifying an appropriate balance between

protecting the individual's right to privacy while using personal health

information for very legitimate means, such as the treatment of the individual,

and/or areas of research.

The legislation, also, Mr. Speaker, goes about identifying: who are the

custodians of the information, who should have the information and how should it

be used, and outlines their responsibilities.

The legislation also talks about the whole issue of consent; how a person

will provide consent to have access to the information, dictating how that

information might be used. One of the uniqueness of this particular piece of

legislation, consistent with that concept of consent, there is what is commonly

referred to as a lockbox provision. Many of us, as we see our family physicians,

for example, will provide information about our history, our background, our

experiences; any number of things that would impact our health. It might be

information about our family history, any health issues within our family. That

information is privileged information, it is private information. Family

physicians would use that to treat you, and members of your family potentially,

but also they would use that to share with other practitioners who may be

involved in treating you.

What this legislation does, by example, it provides a provision here for

individuals, individual patients, to make decisions about what information they

will protect from being shared. So in other words, if I share information with

my family physician and I do not want it to go any further, I would rather my

family physician kept that information private and confidential, regardless of

who else might be treating me, regardless of what other person I might see, what

other health practitioner I might see, I may choose to have that information

protected and privileged. In this particular piece of legislation I have an

option, if I want, to declare and to advise my family physician, that it is not

my intent, it is not my interest, I do not want them to share that information

with anybody else. In this particular legislation it provides that opportunity.

One of the other things I say, Mr. Speaker, about the process here in

developing this piece of legislation. This was done as a result of some very

extensive consultation. There were a lot of stakeholders consulted in this

process, through input by way of submissions, public forums to be able to

solicit input and commentary. There was advice sought from several experts, like

the Privacy Commissioners of Canada, Ontario, and obviously, here in

Newfoundland and Labrador as well, people who are experts in the field, people

who have some background and knowledge on this issue, people who have been

involved in shaping legislation and regulation in other jurisdictions in and

around this issue.

One of the things that I am very pleased to say, that as a result of that

extensive consultation, as a result of that very exhaustive process we went

through, we now have a bill before this House. It is a fairly extensive bill,

and I will take some time to go over some pieces of it in a moment, but it is a

very extensive piece of legislation for the protection of personal health

information that has come about as a result of some extensive consultations. We

have every single stakeholder, I say, Mr. Speaker, every person that we

consulted with provided some comment. As a result of that, we are introducing in

the House today, in second reading, a bill that has the unanimous support of all

the stakeholders that we provided an opportunity to consult with. They

themselves have provided some input and some comment. So I think this bill here

before the House today reflects that collective view of all those individuals

that we have had some consultation with and reflects the collective wisdom of

so-called experts in the field throughout Canada and throughout other major

jurisdictions where such legislation has been introduced.

I just want to walk through a couple of very significant pieces, I want to

say, Mr. Speaker. When we get into committee stage we will have a chance to talk

about it in some detail but I just want to read into the record. This bill is

intended to establish a set of comprehensive, privacy protection rules

applicable to the collection, to the use, disclosure, disposition, of personal

health information by the public private sector components of the health system.

Mr. Speaker, there is other legislation in the Province that has helped guide

this particular drafting. In Newfoundland and Labrador we have the Access to

Information and Protection of Privacy Act, which is a piece of legislation that

pertains to all public bodies; all public bodies, I say, Mr. Speaker, but it

does not pertain to the private sector. What we have tried to do here is, this

particular legislation was used as a guide to help shape some of the

legislation, the drafting of this particular bill.

Secondly, Mr. Speaker, in the federal jurisdiction we have Personal

Information Protection and Electronic Documentation Act, commonly referred to as

PIPEDA; those pieces of legislation, one provincial, one federal, when they were

drafted initially, they looked at and they were guided by ten privacy

principles. I say, Mr. Speaker, we, too, in drafting this legislation, were

guided by these ten principles.

I will just read them into the record. Number one, accountability. Number

two, identifying a purpose. Number three, issues around consent have been

addressed. Number four, limiting the collection of information, limiting its

use, its disclosure and access and retention. Also, the accuracy and the

integrity were considered. The other principle: the safeguards to ensure that it

is protected and secure. The other one was openness - again, built into this

particular piece of legislation - individual access, challenges and compliance.

As I say, Mr. Speaker, this particular bill here was built on some of the

same principles of current legislation, both nationally and provincially. Those

twelve principles have guided the building of these two previous pieces of

legislation and have also influenced this particular bill that we are speaking

to here today.

Mr. Speaker, I would like to, if I could, just comment on some of the

highlights of this particular bill. As bills are constructed, it lays out an

explanation of why it exists, what it is we are intending it to do. I want to do

this in some of the critical pieces of this here.

The purpose of this bill, Mr. Speaker, as I said earlier, is to establish

rules, define how information is collected, how it is stored, who shares it, how

it gets shared, and who controls it. The other thing it does: it lays out, it

provides for, a mechanism for access to information, individual access to the

information itself. It also provides - which is a very significant piece, I say,

Mr. Speaker - for an independent review of decisions. If individuals are not

happy with decisions that have been made about their personal health information

- either there wasn't compliance with the legislation and their information

was not protected, or they have tried to have access to the information and they

have been denied or restricted in some fashion - there is a mechanism to appeal

to the privacy commissioner, I say, Mr. Speaker. If you are not happy with that

decision, there is a mechanism to appeal that decision through the courts. It

also defines the terminology of who is called a custodian. It defines who

actually is covered by this legislation, and who is considered to have custody

of information.

Mr. Speaker, as I said a moment ago, the current legislation, a typical

legislation in the Province, deals with public bodies. This is an all-inclusive

piece of legislation. This is intended to cover every single group and

organization that will collect personal health information. It covers the

regional health authorities; it covers family physician offices; it covers the

Department of Health and Community Services; it will cover pharmacies; it will

cover ambulance operations; anyone who has personal health information and

collects it for purposes of sharing, purposes of providing treatment, purposes

of providing a diagnostic service to a particular individual, whether it is lab

services or public health labs; it covers and deals with the Centre for Health

Information, identifies them a custodian of the information - the Centre for

Nursing Studies. The list, I say, Mr. Speaker, is extensive. Fundamentally,

anybody or any person or organization, a body that captures information is

considered a custodian of that information.

Mr. Speaker, one of the other things that this particular legislation

acknowledges is a distinction between what is written, documented, information,

information that may be handwritten in a chart, information that may be

handwritten in a note, or information that may be stored electronically in a

database, but also, Mr. Speaker, it deals with oral information. I may be a

treating physician of a particular patient; I have information with respect to

that patient, and I am now having a consult with another physician or another

health practitioner who may also be involved in the treatment of that particular

patient, and we are exchanging information orally. This legislation, Mr.

Speaker, covers that circumstance as well. Very important differences, I say,

Mr. Speaker.

The other part of this, in terms of the kind of protection it provides, this

legislation is drafted and constructed in a fashion that protects the

confidentiality of that information. It restricts access to the information to

only those individuals who need it in the care and treatment of that particular

person. It protects the confidentiality.

It also deals with storage, and how information should be stored, how it

should be shared, and how it should be protected. It puts an onus on all those

individuals that I have just alluded to and spoke to as being identified in the

legislation as being custodians. It puts an onus on them to provide for an

appropriate storage of that information. It puts an onus on them to ensure that

the information that they maintain in their records is protected against any

kind of breach of confidentiality.

One of the other things it does, Mr. Speaker, it puts an onus on those

individuals who are using that information. I may be employed with a particular

organization; I may have access to that information. As a part of my employment

arrangement, I have to take an oath of affirmation or confidentiality. Once

again, this legislation puts an onus on individual organizations to ensure that

their employees, people who they do business with, have taken an oath of

affirmation, and protects the confidential nature of the information.

If organizations such as the Department of Health and Community Services, or

one of our health authorities, or a private practice physician, engages an

outside agency providing information management supports, like an organization

such as the Department of Health and Community Services, as an example, has

a contract with xwave, to provide supports for our Prescription Drug Program. We

would need to have a contractual arrangement that binds them to that same

responsibility that we have under this legislation, so contractors who do

business with any custodian are bound by this legislation, as well, to protect

the privacy of the individuals whose information is being stored, Mr. Speaker.

One of the other things that happens in this particular legislation is the

whole issue of a disclosure. One of the things that will happen in this

particular legislation here is, if there is any kind of breach, if there has

been a breach of any kind of information, some individual or some groups have

gained access to someone's private information, personal health information,

there is an onus in this legislation to provide a disclosure to that individual.

Mr. Speaker, in fact, since we have tabled this legislation in the House and

read it into the record in First Reading, some new changes have emerged. When we

get into Committee Stage, I will be proposing a couple of amendments to this

legislation to reflect those changes.

Something new has evolved with the federal legislation. I said earlier, that

we were guided by what is happened with PIPEDA and with ATIPPA, PIPEDA being a

federal piece of legislation. They now are amending their legislation to ensure

that when there is a breach not only does the individual get advised but the

Privacy Commissioner gets advised.

When we get to Committee Stage, I advise members opposite that I will be

introducing a couple of amendments. One of them deals with this particular

section here that I am talking about now with respect to the breach, so that in

future if there is a breach of confidentiality, then the amendment to this bill

that I will introduce a little later on will require not only the custodian to

advise the individual that there has been a breach and someone may have accessed

their information, but it puts an onus on the custodian of the information to

advise the Privacy Commission as well, that such a breach has occurred.

It is a fairly comprehensive piece of legislation, Mr. Speaker, trying to

provide full and adequate protection of personal health information.

Some of the other provisions in here, Mr. Speaker, deal with the area of

consent. Individuals, as I said a moment ago, may provide information to their

family physician or other health practitioner who may be treating them, may

provide information to someone in the admissions department in a hospital about

their health status, personal information, private information. This legislation

deals with what we mean by consent.

Obviously, if you are admitted to a hospital tomorrow and there is the

admissions person to take information from you your family physician may

have provided some information about your health background and your history.

Your treating physician may be involved directly in providing this service to

you, but there are many other people in that circle of care who will need access

to that information to provide some treatment. This legislation deals with the

whole issue of assumed consent as a result of that circle of care, but also

deals very explicitly with what options you have in providing consent to

restrict access to the information, when consent is explicit and when it is

implied.

Mr. Speaker, one of the other significant provisions of this particular piece

of legislation, it deals with access. It maps out here how individuals can gain

access to their personal health information, what rights and privileges they

have to access their information, but more importantly, I say, Mr. Speaker, more

importantly, individuals have a right built into this legislation to have access

to their private health information, their personal health information. They

have a right not just to access it, but if they disagree with something, if they

read their chart, read the file and they find that there is a disagreement, the

individual may either challenge something that has been written by a health

provider, or may not agree with the way in which it is phrased and, in fact,

provides a misleading profile of that individual, they have an ability, through

this legislation - it maps out clearly the process to be completed by that

individual. It maps out a process so that individual can have the appropriate

changes made in their health information to ensure that it more accurately

reflects what they believe to be the reality. The legislation goes through a

mechanism that lays out how that would be done, how you would access it, under

what conditions you could make changes, and how those changes will be recorded

in your file.

The other thing it does, it maps out in here for you a clear recourse in the

event that you do not - for example, if you want to have access to your health

record and for some reason that access has been unreasonably denied, there is a

mechanism in here to appeal that to the Privacy Commissioner; or if, in fact,

you want to have some changes made in your personal health information and for

some reason that has been denied. Again, I say, Mr. Speaker, there is a

mechanism in here that lays out your rights, your privileges and the process

that you would need to follow to have that information changed and appeal that

decision to the Privacy Commissioner.

If, in fact, Mr. Speaker, you felt that there was a breach, someone may have

accessed your information inappropriately and you want to complain. There is a

mechanism here - and the custodians have not provided due diligence and they

have not appropriately managed and are not appropriately protecting your

personal information, there is a mechanism in this legislation for you to,

through a complaints process to the Privacy Commission, levy a complaint. If

that Commission's decision is not to your satisfaction, there is a second

mechanism. There is another mechanism through the court that you can appeal the

decision of the Commissioner.

The entire piece of legislation is intended to provide the maximum possible

protection of personal health information to the people of Newfoundland and

Labrador. It does it in a number of fashions. It clearly defines who should

store information, who should have information, and it is identified in here as

the custodian of that information. It lays out how that custodian should manage

that information. Then it speaks very clearly to the kind of privileges you have

in ensuring you have access to that information. Not only does it lay out your

privileges and your right to access but through the consent mechanism it

provides a very clear direction as to what restrictions you may choose to place

on who would have access to that information, and that is through that lockbox

concept that I talked about earlier.

I say, Mr. Speaker, this piece of legislation is intended to be a comprehensive

piece of legislation to protect the integrity of your personal health

information, protect the privacy and the sensitivity of the information through

laying out, in a step-by-step mechanism, the whole process of storing and

releasing and how personal health information gets used. It has been constructed

on the basis of a wide consultation process. I say, Mr. Speaker, it reflects the

principles as outlined in both the federal legislation that currently exists, as

well as provincial legislation that currently exists with respect to this.

I said a moment ago, as well, that there was an amendment that I would be

introducing when we get into committee stage as a result of some changes at the

federal level that have surfaced in recent weeks since we have tabled the

legislation. That is on the advice of the Privacy Commissioner himself and has

provided some detailed direction for us.

Secondly, there are several other pieces of legislation that will be repealed

as a result of this particular bill being introduced. One that is not included

in the list here, but will be a part of the amendment that I will introduce a

little later on, is the Regional Health Authorities Act. There is a piece of

section 6 of the current Regional Health Authorities Act, which was just

recently proclaimed actually, that

section of that legislation will be repealed

by the amendments that I will be introducing at committee to this particular

bill.

With those more recent amendments coming out as a result of some recent

learnings that we have had, obviously reflect what is current day thinking,

current day practice, both at a federal stage and provides some consistency with

other legislation that we have on the books of our Province.

I say, Mr. Speaker, I would move at second reading this bill, and I invite any

comments with respect to it.

MR. SPEAKER: It is moved and seconded that the bill just read by the

minister and spoken to by the minister, be read a second time.

I recognize the hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I certainly want to thank the minister for a very good explanation of Bill 7.

I think it is important for the public to understand how this bill works because

it pertains directly to them and directly to their personal health information.

I guess every single one of us have personal information that has been

documented within the health care system in this Province for one reason or

another.

Mr. Speaker, this is a fairly lengthy bill. It outlines the entire process

that will be taken and certainly what practices that will put into play as it

relates to the protection of people's health records and their information;

how they can access it; how those who deal with their information are supposed

to conduct themselves; processes that will be used; how adjustments can be made;

how reviews will be conducted and so on. Mr. Speaker, I am not going to get into

a lot of lengthy comments here but there are a couple of things that I wanted to

go through and provide just a little bit of information as it relates to it and

a couple of questions that I do have around the bill, that I guess the minister

will have an opportunity to address once it goes into the committee stages.

First of all, this bill is to ensure confidentiality of information and

privacy of that information. Basically, what that means is that when we go to a

hospital or we go to any part of our health care system - we have tests done, we

have blood work done, we have diagnoses, we have biopsies, we have surgeries, we

have treatments - everything is recorded. Every, single piece of information is

recorded on us. Then we need to ensure that there are confidentiality agreements

in place so that those people who manage that information on our behalf are

ensuring the safe and secure protection of it for us.

Now, Mr. Speaker, they also talk about providing individuals with the right

to access their own information. We have all heard stories about how people have

gone to doctors or gone to hospitals and tried to obtain their information,

especially in situations where family members or loved ones, or even them,

themselves, would have been treated with some kind of critical illnesses or

diagnosed with some kinds of problem, and for one reason or another they wanted

access to that information.

We have in the Province right now an ongoing inquiry into faulty estrogen and

progesterone testing of women in this Province. As a result of that faulty

testing, and lab results being misread, treatments being misprescribed, and also

cases of where data collection was insufficient and unable to be matched, in

some cases, with the actual patient, all of this has triggered an inquiry into

that particular issue within the Province. As a result of that inquiry, people

had to go to their doctors or their oncologists or whatever the case may be to

obtain their personal information and their personal files, because they had to

provide it to the legal counsel that they were retaining to be able to do this

on their behalf.

Mr. Speaker, we have had calls recently from people in our office who are

being charged for obtaining that personal information. One of the questions, I

guess, that I would have for the minister around this legislation is that, in

addition to allowing for a process by which patients can access health

information, their own personal health records, what will be the fee? Is there

going to be a fee for that, or will it be freely provided?

We had a call, actually, just last week from an individual who says they just

paid something like over $300 to access their personal health information within

the health care sector. I see a problem with that, because oftentimes they are

looking for the information for a very valid reason, and by imposing a fee on

accessing that information it often, in cases, limits some individuals from

getting the access they need and I do not think that should be the case. So,

when the bill moves into Committee, I will be asking the minister to certainly

clarify that information in the bill.

The other thing, Mr. Speaker, that is here, is the opportunity to correct or

amend personal health information. That is the right of an individual, to be

able to do that. I have heard many cases of this as well, Mr. Speaker. I have

heard cases where people have been going back and forth to a physician or a

doctor or a clinic or a hospital in the Province, trying to seek some remedy for

what their problem was, or some diagnosis of what their problem was, and I know

of one case in particular where this individual suffering from back problems and

other problems, pain related, Mr. Speaker, in that way, and they kept going back

and forth to a physician and they kept thinking that this person was actually

depressed or suffering from some form of mental illness, that their problem was

more psychotic than it was actual physical, and there was a tremendous amount of

stress placed upon this patient. Their reports were indicating that they were

suffering from some psychiatric problems, that it was all a mental disorder and

not an actual physical pain disorder, trying to make the individual believe that

there was something wrong with the way they were thinking, and that they were

not really experiencing the excruciating pain that they were telling the doctor

they were having.

Of course, that was all documented in that individual's chart; so, in

future years, any other physician who would have picked up that chart, when they

went in with other problems relative to pain, might have looked at it and said:

Well, in the past, this is what other people thought - and probably draw the

same conclusions.

People would have the opportunity, the individual would have the right, to

require that a correction or amendment be made in that health information once

it was proven that the problem was actually different from that which was

written and diagnosed at the time.

I think it is very important for people to have the ability to do that,

because it gives much clearer, much more concise, directions that need to be

taken with regard to the health needs of these individuals afterwards, when

other problems occur.

Also, it allows for the established mechanisms to ensure the accountability

of persons having custody or control of personal health information. This is

very important, Mr. Speaker, the accountability of those custodians who have our

health information, whether that be your pharmacist where you go and pick up

your medication, whether it be the nurse that you see when you walk into a

clinic, whether it be the lab technician who documents your blood work or your

X-ray technician who documents those tests, whether it be your general

physician, your surgeon, all of these people are custodians of our health

information and therefore they have to be accountable in some way, shape or

form, to ensure that information is managed properly and that it is protected

for the best interest of that individual.

Now, we will be looking to see what kind of accountability measures will be

put in place for custodians. I do not think it is outlined specifically in the

bill right now, but I understand from the minister's comments that there will

be accountability mechanisms put in place so that any doctor or any pharmacist,

any nurse, any custodian that would manage health information of a patient in

this Province, will know very clearly what the accountability measures expected

of them will be, and therefore they will be able to carry out their work

according to that process.

We support having those kinds of mechanisms in place, and I guess at a time

in which they are established we will be able to pass some comments as to

whether we feel it goes far enough or is thorough enough in meeting that

particular need.

The other

section here is to provide for an independent review of decisions

and resolutions of complaint. This is important, as well, because people need to

have a process whereby if they do not like the way a decision is made, or how

something is being resolved, then they have an opportunity to go further with

it. That is very important within our health care sector and it is important

that, when they do go further and they do ask for this review, they are doing so

knowing that they are dealing with an independent body to be able to lodge that

complaint with, and to ask for a resolution on it.

Mr. Speaker, we do not know at this stage how the independent review will be

set up, if it will be one person or three people, or a board of people. We do

not know if the review process will be an in-person process or written process.

We do not know if there will be time restraints around the review process in

terms of the amount of time that you can file a complaint to have it resolved,

from the time that you received a response that you are not happy with, or

whatever the case, so we will need to look at what the time factors are, and how

realistic they are, but again those are details that are not contained in the

bill at the present time. Maybe, when the minister speaks in Committee, he might

be able to give me a better understanding of when we could see the independent

review process established, and what that process would actually look like in

terms of how people access it, what would be required, how complaints will be

lodged, and how they will be dealt with. Mr. Speaker, this is a very necessary

piece to this legislation as well, but one, I guess, in which the details around

it will come at a later date.

Mr. Speaker, this act, as you know, will be presided over by a privacy

commissioner and it gives this privacy commissioner, in my opinion, an enormous

amount of power when it comes to being able to access a person's health

information, because this individual will be able to access that information

without a warrant. As I understand, they would be given the same powers as

basically an inquiry would be given, and that is the power to subpoena or to

call witnesses, to hold inquisitions, to request whatever information is

required be tabled and so on.

Mr. Speaker, that individual will have an enormous amount of power when it

comes to accessing the personal health information of people in this Province. I

can only assume that with that enormous amount of power the Privacy

Commissioners themselves would have to have rules and regulations to follow in

terms of how they disclose and how they access information and protect it once

it is in their possession. That is going to be very important to people.

Mr. Speaker, the minister already outlined that this bill is no doubt a

follow-up to federal legislation that was passed back some time ago. It dealt

with the federal piece of legislation that was called the Personal Information

Protection And Electronic Documents Act. That was important, Mr. Speaker, to be

done right across the country. As a Province, I guess we are adopting policies

that would fall in line with that legislation. I understand that the development

of this Act has been in progress for quite a number of years, I guess, going

back seven or eight years. It is not a piece of legislation that would have just

been done overnight, but rather something that has been looked at and cultured

over a longer period of time to ensure that it is meeting the needs of all of

the aspects as it was intended to do.

Mr. Speaker, no doubt we think this is a very important bill, and we think it

is important not only to the individuals or to the patients in terms of ensuring

their protection and how they can access information and make changes and so on,

but it is also very important for those who deal with us as patients, for the

health care providers. It is very important for those individuals as well,

because it gives them very guided, firm processes and principles upon which they

can carry out their work as well. We think that is definitely important and

important enough that it should be outlined within legislation.

Mr. Speaker, there is an opportunity within this legislation as well for

people to restrict the information that has passed on within the health care

sector from physician to physician or doctor to doctor or nurse to nurse, and so

on.

For example, Mr. Speaker, I am an individual who has medical treatments in

Labrador at a clinic there. I am an individual who has a family doctor in St.

John's, who I use on a regular basis when I am here. Mr. Speaker, I have been

in a number of hospitals in this Province and outside of this Province and if

there was information that I did not want to have transferred, say from a doctor

in Labrador to a physician I am seeing in St. John's because it is very

unrelated problems, historically now it has no significance to me on a

go-forward basis, I could ask that the information be locked and that it not be

transferred or disclosed on a public basis to individuals.

Mr. Speaker, it is very important for people who deal with certain diseases,

for example, like people that might be HIV positive. You know, they might not

consent to have that information available throughout the health care system and

therefore they can restrict the access to that information or restrict it being

contained within the charts of that one doctor or one physician they are seeing,

who is actually treating them for this particular illness.

Oftentimes, Mr. Speaker, we hear of people who have procedures done that they

do not want to have disclosed publicly. Maybe it is an abortion, for example.

They would have the right to be able to restrict the access of that information

on their chart so that it is not passed around through the health care sector

and to each doctor they will see over the course of their lifetime or each nurse

or specialist and so on. Often you can have that kind of information restricted

on your chart so that you are not giving consent to everyone within the sector

to have access to that information.

The same rules, Mr. Speaker, would also apply, as I understand, to any

information being sent out of the Province. Oftentimes we have patients who go

out of the Province for procedures. Actually, almost every day someone in this

Province is seeking medical care somewhere else in the country because they

cannot access it here, whether that be transplants of one kind or another, very

complicated surgeries that we do not specialize in, very specialized treatments

that we are not able to offer and so on. We know everyday people in this

Province are being sent elsewhere for those treatments. In fact, I have dealt

with many of these patients and I know that there is a large amount of patient

file information that is often couriered back and forth between these hospitals,

especially in Toronto, Mr. Speaker. Toronto hospital is one that we use fairly

often. It is couriered back and forth, so it is very important that when you are

sharing this information with other facilities in the country, other hospitals

in particular, and other medical staff outside the Province, that they also be

restricted and have to comply with the regulations as they are outlined in

Newfoundland and Labrador. I certainly would support that. I think it is very

important that it happens.

Mr. Speaker, also this Act contains, under

section 89 - as you know, it is a

very lengthy act. It is not overly complicated, but it is lengthy. It has

something like ninety-six clauses that are outlined in it. In

section 89 they

talk about whistleblower protection. I think that this is very important. In

fact, I think that all our legislation that we bring in should have those kinds

of protections in it. What that means is - and I will just give you an example.

If you have a secretary who is working in a doctor's office and that person

may see that information is not being handled properly in that office, well then

they can report this to the Commissioner. There is no problem with that and they

can do it without repercussions and that is the way that it should be.

Mr. Speaker, let's talk about one of the issues around the ER-PR with

regard to data collection and with regard to being able to match certain numbers

of patient files with numbers of tests that were coming back from Mount Sinai at

the time. There was some confusion identifying some of these people. I do not

remember the numbers now, but there were probably close to a dozen people in

which they had some problems in matching information. Well those kinds of things

should not be happening in any aspect of our health care sector, and proper data

collection and ensuring that information is documented and recorded

appropriately is very important.

Mr. Speaker, any person working in the health care sector who sees that these

records are not being kept properly, information is not being documented

properly, consent was not given for the transfer of information yet it is being

done, things of this nature, they have an obligation to report that to the

Privacy Commissioner to have it dealt with.

Under the legislation, under

section 89, they can do so without any

repercussions. So even if their employer is a private sector person they can

still report it and not be penalized in their job or fired for reporting it,

because under the Act that is the accountability measure that is allowed for,

for these individuals.

Mr. Speaker, I would also like to point out that the Act is also linked to

the Ethics Act, and we passed the Health Research Ethics Act in the House of

Assembly back in the spring session. I am sure when the Leader of the NDP

speaks, she will touch on this and talk about it in much more detail than I can.

She was one of the people who championed some amendments to that Act last time

around, and to find some different aspects of the Ethics Act that needed to be

done. This particular bill that we are dealing with today, under the Personal

Health Information Act, also is linked to that Ethics Act. It is linked in terms

of looking at whether the health research being done meets the ethical

standards, as outlined in previous legislation in the House of Assembly. That is

very important, because any time that you bring in bills here, you need to

ensure that they jive with other legislation that is already on the books, and

that there are connections being made.

Mr. Speaker, I was wondering about one aspect here, because under the Ethics

Act back in the spring, a lot of it dealt with research on individuals, Mr.

Speaker, in the Province, both living and deceased, and the documenting and

handling of that kind of research and t

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2008-05-26
Typehansard
Volume / chapter2008-05-26
Languageen
Formathtm
SourcePROVINCIAL
Identifier9750ceeaaf21fab61102342477cc946a666a5d58

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