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October 25, 2021

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. L No. 26

The

House met at 1:30 p.m.

SPEAKER (Bennett):

Order, please!

Admit

strangers.

Before

we start, I'd just like to take this opportunity, for my first time as Speaker,

to welcome the people in the public gallery. It's the first time we've had

people here since March 2020.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Welcome everyone.

Statements by

Members

SPEAKER:

Today, we will hear Members'

statements by the hon. Members for the Districts of Terra Nova, Conception Bay

South, Burin - Grand Bank, St. George's – Humber and Mount Pearl North.

The hon.

the Member for Terra Nova.

L. PARROTT:

Thank you, Speaker.

Speaker,

on October 16, I had the pleasure to join the Southwest Arm Historical Society

who held a ceremony at the Hodge's Cove lodge to honour 71 loggers from the

Southwest Arm area who served with the Newfoundland Overseas Forestry Unit, as

well as four women who served with the Auxiliary Territorial Services during

World War II, all veterans.

These

women later returned to the area and raised their families and to this day,

generations later, the families continue to be very proud to honour their loved

ones that sacrificed and worked long, hard hours during the war.

Hayley

Peddle, a Grade 12 student at Southwest Arm Academy, wrote and performed with

her glee club a song, “Everybody's Got a Story.” Her lyrics summed up the day

perfectly: The work was hard and the days were long, no rest 'til dusk and awake

before dawn 'til a lumberjack's day is done.

Hayley's

great uncle, Willis Drover, was one of the many that never returned from

overseas

The

Lion's Club in Hodge's Cove and the Southwest Arm Historical Society has erected

individual banners for each and every member.

Speaker,

please join me in honouring these men and women.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you, Speaker.

I rise

today to acknowledge a very passionate special needs teacher, Ms. Sandra

Hemmings, from Conception Bay South, who has recently retired with 31 years of

service.

Sandra

Hemmings graduated from MUN in 1990 with two degrees: Bachelor of Education and

Bachelor of Special Education. From 1990-1991, she taught at Florence Williams

School in Pool's Cove and taught two students with special needs in the morning

and in multi-grade classrooms in the afternoon. From 1991-2021, she taught at

Queen Elizabeth Regional High School in Foxtrap until her recent retirement.

Sandra taught special needs and had the same classroom for 30 years.

Sandra

Hemmings wasn't only a teacher, but a mentor and a guiding light to all her

students throughout her career. She has been instrumental in helping her

students compete and succeed with the Duke of Edinburgh's program, enabling them

to become well-rounded individuals and building a strong sense of self-esteem.

Sandra's

passion for teaching and improving educational outcomes for the children was

tremendous and I've seen first-hand her positive impact she had on special needs

students.

I ask

all hon. Members to join me in congratulating Ms. Sandra Hemmings for her

dedication and remarkable achievements in the classroom and wish her all the

best in her well-deserved retirement.

Thank

you, Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Burin

- Grand Bank.

P. PIKE:

Speaker, today I would like

to convey to the House the loss of a true ambassador for the Town of St.

Lawrence, the District of Burin - Grand Bank, our region and our province, Gord

Dunphy.

Gord

passed away on August 19, 2021, and is fondly remembered and missed by his wife

Jocelyn, his son and daughters, his grandchildren, brothers, sisters and

friends.

Gord's

contribution to soccer in Newfoundland and Labrador began as a player, then as a

coach, executive member, a member of the St. Lawrence Laurentian hall of fame,

the Burin Peninsula hall of fame, soccer NL hall of fame and as a commissioner.

Gord was

honoured and well-known for his lifetime membership to soccer NL, his three-time

Challenge Cup championships as a coach, a broadcaster and through his webcast

known as Gord Cast.

Gord

brought soccer to people who could not attend games and those who lived

elsewhere around the globe. This wider audience gave him the ability to share

his knowledge of the game and the players who were involved.

Gord

Cast was full of excitement and great interviews with soccer fans, players and

special guests.

Speaker,

Newfoundland and Labrador has lost a soccer great whose commitment and

dedication made him well respected and a giant in the sport of soccer.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for St.

George's - Humber.

S. REID:

Speaker, I would I would like to recognize the good work of Jordan Bennett and

Marcus Gosse, two Mi'kmaq artists from the Bay St. George area.

These

two artists collaborated to paint a mural that was unveiled this past August

near Corner Brook Pulp and Paper Mill, where the community of Crow Gulch once

stood. This billboard-size painting celebrates the people who once lived there

and is in an area where the City of Corner Brook is preparing to build a new

park.

The

village of Crow Gulch was largely Mi'kmaq and was marked by poverty and social

stigma. Municipal services, such as electricity, were never extended into the

community and it was eventually bulldozed in the late-1960s and the inhabitants

relocated.

This

large-scale, permanent outdoor piece of public art is a first of its kind in the

area. The artists see their work as a way of honouring the people of the past,

but also want to inspire other Indigenous artists around the province to show

their presence in the province in public ways.

Speaker,

I ask all Members of the House to join with me in recognizing the important work

being done by Jordan Bennett and Marcus Gosse.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Mount

Pearl North.

L. STOYLES:

Thank you, Mr. Speaker.

I rise

in the House of Assembly today to recognize CHANNAL, Consumers' Health Awareness

Network of Newfoundland and Labrador.

For over

32 years CHANNAL has been committed to their mission to help people with mental

health and addiction issues to fulfil their lives. Staffed entirely by

individuals with similar life experiences, peer support have offered in person

assistance to over 25,000 people and the Warm Line have taken over 60,000 calls

from people struggling to overcome these challenges. Allowing them to be heard,

to share their stories and to understand that they are not alone all while

helping on the journey of recovery.

CHANNAL

has offices in Mt. Pearl, St. John's, Grand Falls-Windsor, Marystown and

Stephenville. They have staff in all those locations plus they have offices in

Clarenville, Deer Lake, Harbour Grace, St. Anthony, Happy Valley-Goose Bay and

Labrador West.

The

vision of the staff and volunteers at CHANNAL is to support those struggling

with mental health and addiction issues to realize their full potential.

I ask

all Members to join me in extending a thank you to this group, CHANNAL, for

their dedication and hard work.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Statements by Ministers.

Statements by

Ministers

SPEAKER:

The hon. the Minister of

Transportation and Infrastructure.

E. LOVELESS:

Speaker, I am very proud today to speak in this hon. House to inform my

colleagues about four brand new schools that have recently opened and are

benefiting families in Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

E. LOVELESS:

In September, the new Gander Academy opened with 29 classrooms for students in

kindergarten to Grade 3.

Also in

September, a new intermediate school with 33 classrooms opened in Paradise for

students in Grades 6 and 7, but will eventually house Grades 6 to 9 by 2023-24.

addition, the new Bay Roberts Primary with 18 classrooms for students in

kindergarten to Grade 3 opened in those communities.

Just

last week, a new school with 17 classrooms opened in my district in St. Alban's

for students in kindergarten to Grade 12, servicing the Bay d'Espoir area.

Construction on all four of these schools began in 2019 and was completed this

year, for a total combined investment of more than $89 million over the course

of construction.

Speaker,

it brings me joy to know that students and staff in these areas are receiving

their education in modern school and that these buildings were constructed by

Newfoundlanders and Labradorians for Newfoundlanders and Labradorians.

These

projects contributed significantly to the economic development in the province

by creating employment in each of these regions.

Speaker,

Budget 2021 allocated $4.1 million for

improvements to schools and post-secondary institutions throughout the province,

including $19.5 million for alterations and improvements.

We look

forward to continuing to improve learning environments for students and staff in

Newfoundland and Labrador in a way that is responsible for all taxpayers.

Thank

you, Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you, Speaker.

I'd like

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

Speaker,

my colleagues and I join the minister in celebrating the opening of these news

schools. A new school is often a beacon of community activity in the area for

students, staff and residents alike. Anything we can do to relieve the pressure

on the K-12 system that is battling overcrowding and aging infrastructure is

welcome in this province.

However,

I do note the minister's claim that these schools were constructed by

Newfoundlanders and Labradorians for Newfoundlanders and Labradorians – not sure

if I agree. We continue to hear of government infrastructure projects being

completed by other provinces' workers while our tradespeople sit home. It is a

long time this government embraced community benefits agreements as proposed by

Trades NL. We should be putting our people first in everything we do.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Third Party.

J. DINN:

Thank you, Speaker.

I, too,

thank the minister for the advance copy of his statement.

applaud the government's construction of these new schools. Our party will

always welcome new investments in tomorrow's leaders.

New

schools are great, but they need the proper resources so that they can be

effective learning environments and part of that effective learning environment

will be a review of the teacher allocation model so that our children receive

the quality of education they deserve and are not placed in overcrowded

classrooms.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Further statements by

ministers?

Oral

Questions.

Oral Questions

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Thank you, Speaker.

A family

in Labrador whose infant daughter required life-saving medical attention could

not be assisted by medical transportation at the moment of critical need. The

Minister of Health decided to dispute the claims of the family. The family has

called the minister's statement – and I quote – inaccurate, misleading and

inappropriate.

I ask

the Premier: What concerns do you have about this situation?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Thank you, Mr. Speaker.

While I

don't believe it to be appropriate to discuss specific details of such a tragedy

on the floor of this Legislature, Mr. Speaker, I will say on behalf of the

entire government and I'm sure everybody in Newfoundland and Labrador, with a

loss like that, we all feel it. If someone pains like that, we all feel it and

it shouldn't be a source of political gain.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Speaker, this is a situation

where government and the minister has to take acknowledgement that it did occur

and that there has to be actions to ensure it doesn't happen to another family

in the future.

The

family has written a letter to the Premier stating that the minister has

mischaracterized the situation. The family is calling for the minister to

apologize.

I ask

the minister: Will you apologize for your public statement disputing the story

of this family?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

I echo

the Premier's condolences. I spoke with the family immediately after the receipt

of that letter. Consistent with the Premier's comments, I will not be commenting

on the specifics of any case in this House.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Speaker, the family goes on

to say if the minister does not apologize, then he should resign.

I ask

the Premier: Do you continue to have confidence in your Minister of Health?

SPEAKER:

The hon. the Premier.

PREMIER A. FUREY:

Thank you, Mr. Speaker.

I'll

reiterate, I'm not going to discuss the contents of the previous complaint. I

think we all share a significant amount of empathy with that family and I don't

believe it should be used a political football. I do still have confidence in my

minister, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Official Opposition.

D. BRAZIL:

Speaker, we all have empathy

for the family and all those other families who have not been able to avail of

health services when they need them. This is about an intervention, an immediate

intervention to ensure that this doesn't happen to another family coming out of

Labrador in the future.

SOME HON. MEMBERS:

Hear, hear!

D. BRAZIL:

It has now been five days

since the Premier and the minister didn't know the answer to the question, so I

hope they have gotten an answer from Eastern Health.

I ask

the Premier: How many people have died while awaiting cardiac surgery in our

province since the start of COVID-19?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

I did

have a lengthy conversation with Eastern Health today. We have on an average

year, unfortunately, four people who pass away while waiting for cardiac

surgery. Waiting for any kind of surgery is difficult and our condolences go out

to the family. The specifics of the last 12 months: There were eight deaths on

the wait-list.

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Speaker.

Last

week in Question Period when referring to a specific instance of neonatal

emergency medical transportation, the minister said: To my knowledge, a team is

available around the clock. If it is any different, I'll let the Member opposite

know.

Can you

provide an update on the neonatal medical transportation team?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Speaker.

I have

not been informed any differently by Eastern Health and I'm awaiting a response.

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Speaker.

September, Eastern Health said they were trying to recruit and train staff to

resume the 24-7 neonatal medical transportation operations.

I ask

the minister: When were you made aware that the neonatal transport was not

available 24-7?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

believe I've addressed what information I have and I can't add anything further

to it at the moment. I'm awaiting further from Eastern Health.

SPEAKER:

The hon. the Member for

Topsail - Paradise.

P. DINN:

Thank you, Speaker.

It would

be nice if the minister who is responsible would have this information sooner

rather than later.

Speaker,

this family we've spoke to has written a letter to both the minister and the

Premier. In this letter the family states that while they waited 31 hours for

emergency medical transportation for their child, virtual care was comprised of

informal consults lasting less than 15 minutes and occurred over FaceTime video

on personal cellphones of medical staff because of the lack of virtual care in

Labrador.

I ask

the minister: Is this acceptable?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

This is

a very difficult situation. I had a difficult but honest conversation with the

family on Thursday on receipt of the letter. Following that discussion, I will

not be commenting on the specifics of this case in any venue.

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Mr. Speaker, I don't think

the issue is the case; it's the system. It's the fact that the infrastructure

isn't there. That's what we're trying to get at here. The fact that we don't

have a neonatal team 24-7, or we don't have infrastructure for virtual care: so

that should be our focus.

Speaker,

the Canadian Medical Association has now written the Premier urging him to

abandon his plan to weaken the Newfoundland and Labrador Medical Association

through legislation, the equivalent of union busting.

I ask

the minister: Will she follow the Canadian Medical Association's advice and

abandon this union busting tactic?

SPEAKER:

The hon. the Minister of

Health and Community Services.

J. HAGGIE:

Thank you very much, Mr.

Speaker.

These

discussions were begun with the Medical Association two years ago. I am aware of

the comments of the Canadian Medical Association. It's a little bit interesting

in actual fact because in 2011 the NLMA removed its mandate for NLMA members to

be members of the Canadian Medical Association. So we need to get the

consultations around this process completed and whatever the outcomes of those

are we will decide, as a group on this side, what to do with that legislative

proposals.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Mr. Speaker, Dr. Dawn Turner commented to

The Telegram today concerning the fact that doctors have been without a

contract for four years under this Liberal government. She says, and I quote: “I

think you can offer less money, but you have to offer something. And right now,

we're really not being offered anything, other than disrespect and continually

being gaslighted ….”

I ask

the minister: How can you expect to reach a deal with the physicians of this

province if they feel like you are gaslighting them?

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker, and I appreciate the question.

As I

have said repeatedly in this House, we value and appreciate the hard work of

health care professionals, doctors, nurses, paramedics: all those who are

contributing to our health care system. As I have said in this House before, we

realize we are challenged with pay for family doctors. That's why we think it's

very important to get back to the table to talk about the proposals that we have

outlined. I'm sure there are other things that the NLMA will bring to the table

as well, Mr. Speaker.

We've

had discussions around the payment schedule. We've had discussions around family

practice renewal. We've had discussions around rural retention bonus; these are

important discussions. We need to get back to the table and I urge the NLMA to

do so.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Speaker, it is encouraging to

hear the minister wants to get back to the table with the NLMA so I just have

one question. Will the minister return to the negotiation table with the

Newfoundland and Labrador Medical Association without any strings attached?

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you, Mr. Speaker.

I've

said to the NLMA I do wish that they would come back to the table. I have had

discussions with them, Mr. Speaker. I know that they wanted to consult with the

membership, but I do encourage them to come back to the table. There's much to

be discussed.

I've

said in this House that we recognize the challenges with pay for family doctors.

I've said in this House the multitude of proposals that are before us to be

discussed at the table. I hope we get there very, very soon.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Terra

Nova.

L. PARROTT:

I remind the minister that

their contract has been expired for four years. That's a lot of time.

Speaker,

while this government refuses to recognize a crisis in health care, last week

the Energy Minister recognized that gas prices have indeed reached the crisis

level, but that government's hands are tied.

I ask

the minister: Will he direct the PUB to remove the additional five cents per

litre, which was added to gasoline prices when Come By Chance ended production?

SPEAKER:

The hon. the Minister of

Industry, Energy and Technology.

A. PARSONS:

Thank you, Mr. Speaker.

Happy to

have an opportunity to answer this.

I'm not

sure if I actually mentioned the word crisis or anything like that when I spoke

with the media last week on this topic, but the reality is that certainly

everybody across the country is feeling the pain of high oil prices and high

prices at the pumps.

When it

comes to this province, the PUB, which is an independent body who are tasked

with petroleum pricing, received an application last year from NARL – North

Atlantic Refining – as it related to transportations costs to import fuel here.

That was an independent application and an independent decision.

We have

no legislative authority to intervene in such matters; although, we absolutely

understand the concern that is felt by the consumer.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Terra

Nova.

L. PARROTT:

The people paying the prices

at the grocery store and the gas pumps will tell you there's a crisis.

Speaker,

the five cents per litre, which was applied to the gas taxes when Come By Chance

was shut down, is still in place ever since the refinery went offline.

Minister: Are you willing to admit that your failure in securing an operational

future for Come By Chance to produce gasoline and other fuels is the reason

people are paying five cents a litre more than they should be?

SPEAKER:

The hon. the Minister of

Industry, Energy and Technology.

A. PARSONS:

No, Mr. Speaker, no I'm not

willing to admit that I'm the cause of rising gas prices in this province. I

certainly am not going to do that.

What I

will say is the reality is that the fuel is being shipped into this province

because Come By Chance is offline. We work with Come By Chance as it relates to

the start-up of that facility – one that's been working quite well. We've had

extensive consultation and work when it comes to the owner, when it comes to the

union, when it comes to prospective purchasers. And that's something that's

ongoing. We're not willing to just give everything away.

But I

will point out, when it comes to the PUB or independent, the last time that a

government intervened and told them what to do, it was to keep Muskrat Falls out

of their crosshairs.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Terra Nova.

L. PARROTT:

Mr. Speaker, the other two fuel suppliers that are in this province did not

request the five cents, as the minister just indicated. This five cents per

litre was supposed to be temporary but because of the minister's failure to get

Come by Chance back up and processing fuel, it is looking more and more

permanent.

Minister, let's be honest here, will the extra charge ever go away?

SPEAKER:

The hon. the Minister of

Industry, Energy and Technology.

A. PARSONS:

Thank you, Mr. Speaker.

As I've

indicated now on a number of occasions, we have to ask the Public Utilities

Board as they are tasked with this duty by the Legislature. The Legislature had

tasked them with this some time ago. It is not a government policy decision.

One

thing is, though, if we do something like that there's a couple questions that

one would ask. One would be: If we're now forcing an importer to take away that

money, do we then get into supply issues? The second part of that is, if we're

talking about the subsidization of this by government, I think that leads to a

bigger question, Speaker: Exactly what are we willing to do there and not do

when it comes to all the issues that we face as it relates to our fiscal

situation in this province?

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Terra Nova.

L. PARROTT:

Will the minister table the letter that he wrote to the PUB?

SPEAKER:

The hon. the Minister of

Industry, Energy and Technology.

A. PARSONS:

Thank you, Mr. Speaker.

Absolutely. I'd be more than willing to table a letter that I wrote about a

month and a half ago to the PUB, asking for an explanation as to how the process

works when it comes to these types of decisions.

A couple

things I would point out. Number one, I have not had a response yet. Number two,

I would point out that I certainly didn't ask for anybody to direct them to make

a decision. But I do think – and I've said this publicly, actually, last

Thursday out there – as the Public Utilities Board, I think the board does have

a mandate to explain to the public how they do their work.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Terra Nova.

L. PARROTT:

Quite simply, Mr. Speaker,

people are paying way too much at the pumps and everywhere else.

The PUB

decides the price of gasoline and other fuels. The minister should not hide

behind them. The minister can and should ask the PUB to find ways to lower gas

prices.

Why

hasn't the minister asked the PUB to review the pricing formula and see if there

are ways to lower the cost of fuel?

SPEAKER:

The hon. the Minister of

Industry, Energy and Technology.

A. PARSONS:

Thank you, Mr. Speaker.

The same

way when I was in Justice, I did not tell the courts how to operate or how

judges were to make decisions; I'm not going to tell the PUB how to do their job

here. The last time that a government did that, a government told them not to

intervene in Muskrat Falls and we ended up with one of the biggest debacles –

SOME HON. MEMBERS:

Hear, hear!

A. PARSONS:

– as a government, as a province, that we've ever had to face. One that, I will

point out, that I'm still dealing with – we are still dealing with when it comes

to every decision in this province.

What I

would point out is maybe we would be in a better spot to do something about all

of these issues if we didn't have to deal with the albatross around our neck

that was Muskrat Falls that was inflicted by the people that came before us.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Conception Bay South.

B. PETTEN:

Muskrat Falls again, Mr.

Speaker, three elections later.

SOME HON. MEMBERS:

Oh, oh!

SPEAKER:

Order, please!

B. PETTEN:

You just had your time, Sir.

question is for the Minister of Education. Speaker, as our province grapples

with the fourth wave of COVID-19, we have seen schools close or many classrooms

are totally empty and students stay away, waiting for a COVID test appointments

and results.

What is

the minister doing to ensure these students are not left behind?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Thank you, Mr. Speaker.

That's

an important question, because the education of our children is of utmost

importance to our government.

Mr.

Speaker, we take guidance from Public Health based on epidemiology, on contact

tracing, on when it's important or when we're able to open a school or when we

can't. What we have seen is, in the first three or four days that an area or a

town is impacted or a school is impacted, that the numbers of students attending

school, attendance numbers are low but they build up, Mr. Speaker. We've seen it

time and time again that they build up and get back to normal.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Conception Bay South.

B. PETTEN:

Thank you.

Speaker,

the NLTA has clearly spoken out that teachers cannot teach in the classroom and

online simultaneously. Some schools are near empty for roll call. The Burin

Peninsula is also now dealing with the outbreak and schools are virtually empty.

Government has almost two years to prepare for this exact situation and families

are looking for direction.

Again,

Speaker, what can the minister offer them?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Again, Mr. Speaker, based on

risk level, epidemiology, contact tracing, it's determined on when we open a

school and when we don't. The two schools on the Burin Peninsula are reverted to

online learning, Mr. Speaker, for the safety of the students, based on the risk

level as determined by Public Health.

But, Mr.

Speaker, the Member is correct; we can't have the teacher teaching both online

and in class at the same time. We did see last year that there were concerns

with blended learning. We also saw, Mr. Speaker, that through the Canadian

Pediatric Association, for example, that they raised the concerns for the

mental, emotional and physical health of students with online learning. So it's

important that, when safe, we have students in class.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Harbour Main.

H. CONWAY OTTENHEIMER:

Speaker, last month we

learned of a tragic situation wherein Gregory Pike, while an inmate at Her

Majesty's Penitentiary, took his own life. Let me take this moment to extend my

heartfelt condolences to the family at this difficult time. The family has

spoken publicly saying Gregory needed mental health assistance, not

incarceration, at the time the incident took place.

I ask

the minister: What concerns does this tragedy raise about the mental health

supports offered to inmates in our province's correctional institutions?

SPEAKER:

The hon. the Minister of

Justice and Public Safety.

J. HOGAN:

Thank you, Speaker.

First, I

do want to offer my condolences to the family. Obviously, I can't comprehend

what a terrible, difficult time it is to lose a close family member like that. I

do offer my condolences on behalf of the Department of Justice and Public Safety

and on behalf of the government.

As with

any situation that occurs like that at the penitentiary, a review will be done

to see if policy was followed, what gaps may exist and, if there are gaps, what

we can do to fill them. But I do want to ensure every one in the public that

medical care is provided to inmates through certified medical professionals;

that would include nurses, physicians and psychiatrists. The Department of

Justice and Public Safety takes advice from the medical professionals when it

comes to the treatment of inmates and the services that are provided.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Harbour Main.

H. CONWAY OTTENHEIMER:

Speaker, it's estimated

that 77 to 87 per cent of HMP inmates have either mental health and substance

abuse issues, or both; issues which the system has clearly failed to address.

I ask

the minister: Why is the justice system offering incarceration and punishment to

people, when what they really need is substance abuse and mental health

treatment instead?

SPEAKER:

The hon. the Minister of

Justice and Public Safety.

J. HOGAN:

Thank you, Speaker.

This is

an issue that permeates, obviously, not just inmates at HMP but throughout

society, and it's something that this government, and really everyone in the

country and the world, has come to recognize needs to be taken more seriously.

We're doing that, this government, with regard to treatment and addictions and

in my department as well.

So we

are looking at that, we are looking at ways to improve situations for inmates

and also to have therapeutic courts where certain individuals, where they meet

criteria, can avoid going to prison and can deal with their addictions and

issues through situations in therapeutic courts, outside of it and get the

treatment and help they need and return to be productive members of society.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Harbour Main.

H. CONWAY OTTENHEIMER:

Speaker, the minister

referenced the review and we look forward to the completion and public release

of the report into this tragedy. While this report is ongoing, however, the

Jesso report from 2019 is only half implemented according to media reports last

month.

I ask

the minister: Can he explain what recommendations have yet to be implemented,

and why such a long delay?

SPEAKER:

The hon. the Minister of

Justice and Public Safety.

J. HOGAN:

Thank you, Speaker.

As I've

said, mental health and addictions is an issue that's arisen and starting to be

taken more seriously by everyone in this government and by my department. We are

looking at all the recommendations that were made in that report, including

Eastern Health taking a more central role with regard to treatment of inmates at

HMP.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Bonavista.

C. PARDY:

Speaker, the storm surge of

January 17 and 18, 2020, caused extensive damage on the coastline within the

Town of Bonavista. Despite promised federal disaster relief funds over 19 months

ago to fix it, the seawall has not been remediated. In fact, a young family with

several children fear for their safety and seeking safer rental accommodations

due to the breached seawall.

With the

winter season quickly approaching can the minister confirm that this work will

be done this year?

SPEAKER:

The hon. the Minister of

Transportation and Infrastructure.

E. LOVELESS:

Thank you, Speaker.

The

actual issue in Bonavista is like many areas in the province that we deal with.

It's something that in terms of a planning process we know that, through the

planning, it's a costly venture as well in terms of securing coastlines. But I

don't have the if and when that work will be done, but I'll certainly go back to

the staff and find out for the Member and report back to him when we can have a

side conversation about that actual project.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Bonavista.

C. PARDY:

Thank you, Minister.

Speaker,

90 per cent of the District of Bonavista still has local dumps operating, the

vast majority of which are overcapacity and negatively impacting the

environment. This is not a pretty picture for residents and tourists alike.

Why has

it taken so long for this area to fall under the provincial waste management

strategy?

SPEAKER:

The hon. the Minister of

Environment and Climate Change.

B. DAVIS:

Thank you, Speaker.

Thank

you to the hon. Member for their question.

Any

opportunity we have to work with regions of the province, we have, trying to

expand the regional scope for our regional waste management sites. I've spoken

with the area residents as recently as about 10, 12 days ago. So we're working

towards those.

Thank

you very much for the question. I look forward to fruitful discussions to come

forward on that in the very near future.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Cape

St. Francis.

J. WALL:

Thank you, Speaker.

As of

yesterday, there were 217 boil-water advisories in 173 communities in our

beautiful province. The Health Accord team has identified access to safe, clean

drinking water is needed to increase healthy living in our province.

I ask

the minister: When will safe, clean drinking water be provided to all people of

Newfoundland and Labrador?

SPEAKER:

The hon. the Minister of

Environment and Climate Change.

B. DAVIS:

Thank you, Speaker. It sounds

very rude trying to say just Speaker. I'm so used to saying Mr. Speaker.

I thank

the hon. Member for the question. It's a very good question.

Our

government is very much committed to making sure clean drinking water is

available in all parts of our province. We have worked very hard on that. We

have put things in place. An example would be the 33 potable water-dispensing

stations placed there. We have the most agreeable and generous cost-share

relationship between municipalities – two levels of government – allowing them

to get clean drinking water for their residents.

We are

encouraging the municipalities to reach out to us. We want them to come to the

table with this and make that a priority within their district. If it's not a

priority in their area, it's hard for us to force that down their throat. We are

working very closely with them.

SPEAKER:

Time has expired.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Cape

St. Francis.

J. WALL:

Speaker, first of all, I

agree, Mr. Speaker and Speaker is two different things to get used to, no doubt.

I thank

the minister for the comment. When we have numbers of that nature, being a

former mayor, I know the importance of clean drinking water to the residents and

it is a very important topic. I do hope that more towns will reach out to the

department.

Speaker,

in our Blue Book, we have committed to a systemic review of boil-water

advisories across the province and to provide a timeline for those particular

fixes.

I ask

the minister: Is he willing to adopt our solution to improve access to clean,

safe drinking water to the people of Newfoundland and Labrador?

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Minister of

Environment and Climate Change.

B. DAVIS:

Speaker, thank you very much.

I thank

the hon. Member for a very good question. We've got a very strong strategy

ourselves. I'll give you some examples of how we've seen very encouraging

milestones come forward. The levels of pH existence are at an all-time low in

this province; not saying that we are perfect because it is far from there. The

number of communities with a certified operator is at an all-time high. The

number of communities that have a percentage of drinking water systems put in

place is at an all-time high. The number of water treatment facilities put in

place reached an all-time high.

So those

are good things. It's not saying the job is done for sure. We are working with

them. We encourage all municipalities that have those concerns to come forward

with us. We want to work with them to get this solution fixed for the residents

that we all represent.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Third Party.

J. DINN:

Thank you, Speaker.

Last

Wednesday, in answer to my colleague's question, the Government House Leader

stated, “There are many Committees of this House, whether it's a Social Service

Committee or other Committees and we strike Committees from time to time ….

“The

thing we have to realize is we always had a Committee structure in this House,

which always can be used. But I will have more conversations with the Member

opposite on the opportunities we may have there around Committees.”

Considering his House Leaders ringing endorsement of Committees, I ask the

Premier: Will he instruct his House Leader to strike the Select Committee on

basic income we called for as one suggestion to address our health care crisis?

SPEAKER:

The hon. the Minister of

Justice and Public Safety.

J. HOGAN:

Thank you for the question,

Mr. Speaker.

I'll

answer this question today and I'm happy to do so.

I think

Committees are a great way to get work done. In fact, one of the first things I

did when I became Minister of Justice and Public Safety was announce an

all-party Committee to review the Election Act.

All-party being the key word, but, unfortunately, all parties didn't show up. If

people want to participate and come to Committees when they're invited, I think

that would go a long away as well.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Third Party.

J. DINN:

I think it's a bit of a

misnomer, Speaker, that it's called an all-party Committee then, but I will tell

you we did offer suggestions which were promptly shut down by the minister.

The

Department of Health states in one of its posters that when it comes to COVID-19

interacting with more people increases the risk. The closer you are to people,

the greater the risk. Risk increases as people spend more time together. Mr.

Speaker, this describes our schools.

Would

the Minister of Education agree that the current back-to-school plan is actually

increasing the risk to our students, teachers, staff and their families of

contracting COVID-19?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Mr. Speaker, I'm not sure if

the Member is applying for the job of Chief Medical Officer of Health or not but

I take guidance from Public Health, Mr. Speaker, on when schools are safe to be

occupied and when they're not.

I think

the Chief Medical Officer of Health and Public Health have guided us very, very

well so far through this pandemic. When we're advised that it's safer to keep a

school closed and go online, Mr. Speaker, we do that just as we've done with the

two schools on the Burin Peninsula.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Leader of the

Third Party.

J. DINN:

Mr. Speaker, as Minister of

Education, the minister should know what works in a school and what doesn't as

well.

I ask

the minister: Why did he not maintain the proactive COVID-19 mitigation measures

his department and school district had in place last year such as extra busing

to allow physical distancing, extra cleaning staff to carry out enhanced

cleaning and extra teaching units?

SPEAKER:

The hon. the Minister of

Education.

T. OSBORNE:

Mr. Speaker, some of those

measures were kept in place, the additional administrators and guidance, for

example, Mr. Speaker, that were put in place were kept there. But, again, we, in

the department and the school districts, take guidance from Public Health. We

were advised that it was safe to go back to regular busing, Mr. Speaker. As part

of the low-risk and high-risk measures that are in place, when the need is

required for higher cleaning protocols they're put in place.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Labrador West.

J. BROWN:

Thank you, Speaker.

The cost

of living has skyrocketed in this province year over year. Inflation has

increased by 4 per cent. This will force people to choose between heat and food.

Where is

the Premier's plan to address the increased cost of home heating in this

province?

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you very much, Mr.

Speaker.

We are

seeing, of course, the impact of higher fuel costs across the board, around the

world, as the change comes out of the global pandemic and, of course, we see the

price of oil rise.

I will

say, Mr. Speaker, the province was very proactive. When the carbon tax was

implemented in 2019, we carved out an exemption under the federal program. If we

hadn't done that, of course, all of us in the province would've been impacted by

carbon tax. This has been a way that we've minimized the impact, especially on

those that are feeling the pressures of the oil and gas increase. I will also

say that, of course, we do not charge gas tax on our home heating either.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Labrador West.

A quick

question; no

preamble, please.

J. BROWN:

Well, seeing that, will you

remove the tax from residential electricity for those who are on electric heat

in this province?

SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

S. COADY:

Thank you, Mr. Speaker.

budget comes forward, as we always do, we do look at our tax system to determine

what, if at all possible, we can certainly do for all of our taxes across the

board in this province.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The time for Question Period

has expired.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Notices

of Motion.

Notices of Motion

SPEAKER:

The hon. the Deputy

Government House Leader.

L. DEMPSTER:

Thank you, Mr. Speaker.

I give

notice that I will on tomorrow introduce a bill entitled,

An Act To Amend The

House Of Assembly Accountability, Integrity and Administration Act, Bill 43.

SPEAKER:

The hon. the Deputy

Government House Leader.

L. DEMPSTER:

Thank you, Mr. Speaker.

I give

notice that I will on tomorrow move, in accordance with Standing Order 11(1),

that this House do not adjourn at 5:30 o'clock on Tuesday, October 26, 2021.

SPEAKER:

Further notices of motion?

The hon.

the Member for Baie Verte - Green Bay.

B. WARR:

Thank you, Speaker.

I give

notice of the following private Member's motion, which will be seconded by the

Member for Burin - Grand Bank.

WHEREAS

2020 and 2021 have been incredibly difficult for the tourism and hospitality,

arts and cultural industries in Newfoundland and Labrador; and

WHEREAS

many individuals and groups are working hard to make 2022 a successful year; and

WHEREAS

planning for 2022 is important now in order to take full advantage of the

anticipated demand from people wishing to return or to visit our province; and

WHEREAS

the COVID-19 pandemic has highlighted tourism and its important position as a

key employer and revenue generator throughout the province; and

WHEREAS

the desire of Newfoundlanders and Labradorians who reside outside the province

to visit their families and friends has increased because of many months of not

being able to travel; and

WHEREAS

an abundance of municipalities across the province have local or regional events

planned for the 2022 tourism season; and

WHEREAS

the Minister of Tourism, Culture, Arts and Recreation's mandate letter announced

government's intention to have 2022 as a Come Home Year event; and

WHEREAS

government will continue to support the very effective provincial tourism

marketing and branding efforts that have brought so many visitors to

Newfoundland and Labrador; and

WHEREAS

Newfoundland and Labrador is a remote working destination of choice; and

WHEREAS

there are plans to encourage and convince Newfoundlanders and Labradorians

living outside of the province, as well as first-time visitors, to stay and make

Newfoundland and Labrador their home to live and work;

THEREFORE

BE IT RESOLVED that this hon. House supports the government's plan to

make 2022 a provincial Come Home Year celebration in all areas of Newfoundland

and Labrador.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Deputy

Government House Leader.

L. DEMPSTER:

Thank you, Speaker.

accordance with Standing Order 63(3), the private Member's motion referred to by

the Member for Baie Verte - Green Bay will be the private Member's motion

debated this Wednesday, October 27, 2021.

SPEAKER:

Further notices of motion?

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Thank you, Speaker.

I'm

hoping to present this petition for the last time today, depending on the answer

from the minister.

The

maintenance and upkeep of the roadway in the community of Cold Brook is the

responsibility of the Department of Transportation and Infrastructure. Sections

of the roadway have been in a deplorable condition for the last five years and

need repairs and resurfacing. There have been a number of close calls where

vehicles have to swerve in order to avoid driving over a

section of the roadway

where the pavement is totally missing.

Therefore, we, the undersigned, call upon the House of Assembly to urge the

Government of Newfoundland and Labrador to consider repairing, upgrading and

maintaining the paved road through the community of Cold Brook in the Province

of Newfoundland and Labrador.

Speaker,

there were several stakes put up over the summer on the Cold Brook road which

caused much questions to be asked and people were getting excited about it. So

today, when I present this petition, I'll be anxious to hear the minister's

response and he can clarify what all those stakes mean.

Thank

you, Speaker.

SPEAKER:

The hon. the Minister of

Transportation and Infrastructure.

E. LOVELESS:

Thank you, Speaker, and I

thank the hon. Member for his concern.

Those

stakes meant that work was supposed to be done the summer on that particular

upgrade and it didn't get done for reasons beyond my control, but I will commit

to the Member that, in the next season, the work will get done.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Harbour Main.

H. CONWAY OTTENHEIMER:

Thank you, Speaker.

The

background to this petition is as follows:

WHEREAS

individual residents and municipal leaders have spoken to the deplorable road

conditions in the District of Harbour Main; and

WHEREAS

the district is made up of many smaller communities and towns like Holyrood,

Upper Gullies, Seal Cove, Cupids, Colliers, South River, North River, Roaches

Line and Makinsons who have roads in desperate need of repair and paving; and

WHEREAS

these roads see high-volume traffic flows every day and drivers can expect

potholes, severe rutting, limited shoulders and many washed-out areas along the

way;

THEREFORE we petition the hon. House of Assembly as follows: To immediately take

the necessary steps to repair and repave these important roadways to ensure the

safety of the driving public who use them on a regular basis.

Mr.

Speaker, this matter I have raised numerous times in the House of Assembly.

Today, I first of all wish to say that I'd like to thank the Minister of

Transportation and Infrastructure; he did acknowledge last week that he did come

to the District of Harbour Main, at my request, and we drove from one end of the

district to the other. He saw first-hand the deplorable and, I can say,

disgusting state of the roads in the District of Harbour Main.

While we

appreciate the fact that he did take the time out of his busy

schedule and the

people of the District of Harbour Main recognize that, what we would really

appreciate is if you would do something to fix the problems.

The

roads – two areas in particular: South River and Upper Gullies. Those areas

we've heard from many, many concerned constituents. They're concerned about

safety issues. It's probably the biggest issue that I hear of in the district

from the constituents are the conditions of the road. The people are getting

increasingly frustrated; they're getting angry. They're getting so concerned and

upset about the lack of action.

What I

worry about, Mr. Speaker, is when I hear the government say that they've taken

the politics out of paving. The people of the District of Harbour Main and other

districts in the province need to know that, for example, a request was made and

it was shown that Transportation and Infrastructure Minister Elvis Loveless

increased his spending in his district from $1.5 million to $4.5 million in a

single year. Three hundred per cent increase while we see districts like Harbour

Main get nothing. Not acceptable, Mr. Speaker.

Thank

you.

SPEAKER:

The Member's time has

expired.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Minister of

Transportation and Infrastructure.

E. LOVELESS:

I'll just tell the Member

that she's learning too many of her tricks from the Member for Terra Nova.

SOME HON. MEMBERS:

Oh, oh!

SPEAKER:

Order, please!

E. LOVELESS:

But in terms of the value, if

the Member – knowledge or facts are very important as well. The amount of money

that was spent in my district this year was the same amount that was invested in

her district this year – absolutely.

So, in

terms of her concerns – I've travelled this province in every district this

summer, and there are a lot of roads that are comparable to hers and worse than

hers. In terms of her roads, I went there because I was serious about it. I

wasn't playing politics with it, because it was important.

I will

continue to do my job as Transportation Minister. Just to remind everybody in

this hon. House that I have a budget as well and I have live within my means,

and I continue to do that. I'll take her issues under advisement when we develop

the multi-year plan.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Grand

Falls-Windsor - Buchans.

C. TIBBS:

Thank you very much, Mr.

Speaker.

The

former mill property and Grand Falls House were taken over by government after

Abitibi left Grand Falls-Windsor.

Therefore we petition the hon. House of Assembly as follows: To return the

former mill property, along with Grand Falls House and its property, back to the

Town of Grand Falls-Windsor where it belongs.

We just

talked about a Come Home Year 2022 for everybody in Newfoundland and Labrador. I

think it's a great idea. Grand Falls-Windsor has so much potential and

opportunity, but there are things that have been holding up for quite some time

now. The mill property is one, and Grand Falls House.

This is

no value to the government at this moment, but it is a huge value – a huge value

– to the residents of Grand Falls-Windsor and Central Newfoundland and Labrador

in general. It doesn't cost anything to do this. We're not asking for any money.

We just want the minister to sit with the council of Grand Falls-Windsor – and

this is part of the petition. I'll ask the minister today if he would sit with

the council of Grand Falls-Windsor in due time over the next month, couple of

months, and acknowledge exactly what they're asking for.

It's

holding up economic development; it's holding up tourism opportunities. The

Premier addresses – and he promised that he would address this, once the

election was over, when he was in campaigning throughout Grand Falls-Windsor.

I'm just

asking the minister – I know that he wants the best for the province as well –

if he would sit with the Town of Grand Falls-Windsor and get this deal done and

return this back to the people where it belongs?

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Minister of

Transportation and Infrastructure.

E. LOVELESS:

Thank you, Speaker.

I have

no problem meeting with the town. I understand that the Member has been in

communications with officials in my department over the last several days and

with the town as well. Hopefully, we can come to a resolve at some point, but I

have no problem meeting with the Town of Grand Falls.

SPEAKER:

The hon. the Member for

Bonavista.

C. PARDY:

Thank you, Speaker.

continue with the theme of roads: Many roads within the District of Bonavista

need work completed, none worse than Route 232 travelling from Smith Sound from

George's Brook-Milton to Burgoyne's Cove. Residents, school buses, emergency

response vehicles and tourists have to endure a stretch of road that has not

seen pavement resurfacing for decades.

We, the

undersigned, call upon the House of Assembly to urge the Government of

Newfoundland and Labrador to immediately address the condition of Route 232 and

other tourist attraction sites within the District of Bonavista to ensure the

safety of those travelling over this road and to maximize the economic impact

for the province.

Many

weeks ago, Speaker, I made a request through the local officials for the roads

within the school system, to have a look and see what determines which roads

would be prioritized over other roads. I know that population is one, but my

curiosity was where tourism fits within that roads analysis. Anyway, I

understood that I could not receive that to understand where it is.

mention Route 232 – and I say from the start, we've had some paving in our

district along Route 235, that's going down the shoreline, and we've also had it

on 239. In those areas, we have very wonderful tourism attraction sites that are

there that could even piggyback on the work that is existing or, in those small

sections, would make a significant difference to the tourism within the District

of Bonavista. At a risk of naming them, sometimes there can be adjunct that the

work that is done, it might leave out 200 metres of very terrible road that

would prevent people from going down to New Bonaventure, for example, or it may

be even to, we'll say, Tickle Cove where the sea arch would be under the UNESCO

geopark.

thinking would be Bonavista sometimes would quadruple its population and, I

would think, probably for four or five months of the year. I would think that if

the tourism piece is used that we would look at that and at least those more

critical spots can be seen too, hopefully, for the Come Home Year in 2022.

Thank

you, Speaker.

SPEAKER:

The hon. the Minister of

Transportation and Infrastructure.

E. LOVELESS:

Thank you, Speaker.

Thank

you for the petition. I think what the Member is asking, in terms of planning,

is will we look at the lens of tourism when we do the planning? I can confirm

for you that we definitely will.

Thank

you, Mr. Speaker.

SPEAKER:

The hon. the Member for

Humber - Bay of Islands.

E. JOYCE:

Thank you, Speaker.

I'm

going to, again, present a petition on behalf of the people on the West Coast

concerning the closing of the motor vehicle registration office in Corner Brook.

Speaker,

there's considerable frustration over this. I just can't understand how the

minister can state that it worked well during the pandemic so we're going to

continue on with it.

I've

seen pictures out in Harbour Grace of people standing in a lineup in the rain

waiting to get in; standing up, lining up in the rain.

P. LANE:

Seniors.

E. JOYCE:

Seniors. Can't get into the

building; standing in the rain. That's how we're treating our seniors. It's

almost like in some ways we don't appreciate the seniors who are standing up in

the rain in Harbour Grace, in the minister's district.

Out in

Corner Brook, I had a person who contacted me – and it's sad; it's actually sad.

They were trying to arrange – they had to get an appointment done, if not, they

would have had to get a test, an older person. They were actually arranging

their doctor's appointment around to try to get in on a Wednesday morning so

they wouldn't be left out. It's just sad.

There's

no appreciation for the frustration and the inconvenience that we're giving to

people in this Province of Newfoundland and Labrador. There has yet to be a

reasonable reason why this is being done.

P. LANE:

(Inaudible.)

E. JOYCE:

Spending more money, as my

colleague from Mount Pearl - Southlands just said, they're spending more money

on it. It's more aggravation with less service.

I had

someone again last week who can't get through on the computers, the computers

are down – as the minister said they're down at times. The phone lines, you

can't get through on the phone lines, yet we're still allowing this. I'm sure

there are other government Members getting phone calls on this because I'm

getting them from all over the province. I'm getting them from all over the

province.

Why

isn't the government stepping in and saying, okay, we're here to serve the

people of Newfoundland and Labrador, not cause them hardship and not put them

through extra stress and strain. It is just inconceivable when you got seniors

standing up in Harbour Grace in the pouring rain waiting to get in because you

only got three hours a week to get in there. It is just inconceivable.

Then you

got it in Corner Brook also, where I had to bring chairs down to people to sit

down because they're waiting so long. Then you walk in, you got one line for the

seniors, one line of people who got appointments and you've got another line for

people just sitting over in the corner, hopefully, they're going to get in.

I urge

the government to change this draconian policy to help out the people of

Newfoundland and Labrador and stop putting them through this stress.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

Orders of the Day.

Orders of the Day

SPEAKER:

The hon. the Deputy

Government House Leader.

L. DEMPSTER:

I move, seconded by the

Minister for Justice and Public Safety, that under Standing Order 11(1), this

House not adjourn at 5:30 p.m. on Monday, October 25, 2021.

SPEAKER:

The motion is that this House do not adjourn.

Is it

the pleasure of the House to adopt the motion?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

SPEAKER:

All those against, 'nay.'

Carried.

The hon.

the Deputy Government House Leader.

L. DEMPSTER:

Speaker, under Orders of the Day, I call from the Order Paper second reading of

SPEAKER:

The hon. the Minister of

Children, Seniors and Social Development.

J. ABBOTT:

Speaker, I move, seconded by the Member from Mount Pearl North, that Bill 38, An

SPEAKER:

It is moved and seconded that

second time.

Motion, second reading of a bill, “An Act Respecting

SPEAKER:

The hon. the Minister of Children, Seniors and Social Development.

J. ABBOTT:

Speaker, I'm very proud to be here in this hon. House today to discuss a very

important piece of new legislation for Newfoundland and Labrador,

An Act

As a

legislation to create a more accessible and inclusive province that will apply

to all Newfoundlanders and Labradorians. In fact, my mandate letter from the

Premier clearly states that I and my department will work across government and

legislation to help ensure equitable access to services and opportunities for

people with disabilities. Today I am meeting this key commitment.

When we,

and Labrador benefit; this ultimately leads to everyone being able to fully

participate in society. Nearly one in four Newfoundlanders and Labradorians are

disabled by barriers. These barriers can be physical, attitudinal or systemic.

As well we may have

an act, a regulation, a policy, a technology that can also

prevent full participation in society.

It is

extremely important to remove barriers, as it helps to make the province more

inclusive and accessible, which benefits everyone. It helps improve a person's

health and well-being when they can fully participate in their community and

communities and businesses benefit from this engagement. Further, the purchasing

power of people with disabilities has been estimated by the Royal Bank of Canada

to be roughly $25 billion nationally; that is an estimate. For Newfoundland that

would approximate to $30 million.

There

are so many people and organizations that I would like to thank for being

engaged in the development of this proposed legislation. Obviously, you run the

risk of leaving someone out when you begin listing groups, but I would be remiss

if I did not acknowledge the important role of the disability community and

specifically the provincial advisory council of persons with disabilities and

the Coalition of Persons with Disabilities Newfoundland and Labrador. The

commitment, passion and patience of so many in this community to ensure that

this was done right, I believe, have led to the development of very strong piece

of legislation.

So too,

we have appreciated our engagement with the business community. Certainly, over

the last year or more, businesses have and continue to experience challenges due

to the COVID-19 global pandemic. Many businesses have also found opportunities

to reach customers and clients by expanding their products and services with the

use of accessible and different technology features. From offering online

ordering and deliveries to curbside pickup, these additional options have

directly helped to expand their businesses to reach so many more individuals. As

businesses continue to look for ways to expand their reach, they are already

Let's

is simply it is the right thing to do. Everyone deserves to equally participate

in society without barriers, in a province that prides itself as being more

inclusive and accessible.

The

that will allow government to outline the principles and goals for an accessible

Newfoundland and Labrador. The legislation that I'm presenting today, Speaker,

is enabling legislation. Enabling legislation allows for further development of

associated regulations and policies rather than prescribing specific

requirements in legislation today. It provides a broad focus on areas of

authority that government can act on in the future.

The

removing barriers that prevent persons with disabilities from full participation

in society.

The

standard to take actions to prevent barriers from being created and to identify

and remove those barriers.

It will

them publicly available, and it will provide inspection and enforcement powers

Speaker,

five other provinces: British Columbia, Nova Scotia, Manitoba, Ontario and

Quebec, as well as the federal government, in having such legislation focused

implemented in 2023.

To get

us to this point today, we partnered with the Provincial Advisory Council for

the Inclusion of Persons with Disabilities and the Coalition of Persons with

Disabilities Newfoundland and Labrador, as well as government's Public

Engagement and Planning Division, to develop and deliver an extension engagement

process.

I am

very proud to report that this engagement process was identified as the most

inclusive and accessible engagement process ever held in this province. It is

now a preferred model for accessible and inclusive community engagement

sessions.

The

process consisted of eight in-person consultation sessions, with two sessions in

each of the following communities: Corner Brook, Happy Valley-Goose Bay, St.

John's and Gander. These consultation sessions consisted of an afternoon session

with key stakeholders, such as the community of and for persons with

disabilities, community organizations, the business and tourism sectors,

municipalities, Indigenous governments and organizations, which were by invite

and an evening session, which were open to the public. As well, there was an

online webinar to help reach even more individuals in more communities.

discussion guide was available on engageNL and for my department's Disability

Policy Office for interested individuals and organizations to provide written,

video or other formatted submissions and was available in accessible formats as

required. This discussion guide provided the context for the in-person

consultation sessions and webinar that are previously mentioned. In total, over

219 individuals and organizations participated in the public engagement process.

The

This workshop provided key stakeholders with the opportunity to learn what input

information had been received thus far in the process, to discuss the draft

The

workshop was also designed to explore some of the opportunities and challenges

legislation. That speaker and those panelists presented on experiences in their

legislation.

Throughout the entire engagement process, we heard repeatedly and consistently

from the community of persons with disabilities and key stakeholders that we

and we need to get it right. That, Speaker, is exactly what we have done.

This

into account the province's unique cultures and demographics. The legislation

also embraces the principles from the United Nations Convention on the Rights of

Persons with Disabilities, the Canadian

Charter of Rights and Freedoms , the

Canadian Human Rights Act and the Newfoundland and Labrador Human Rights

Act.

As well,

the legislation also aligns closely with the mission of the Commonwealth

Parliamentarians with Disabilities network, which encourages Commonwealth

Parliaments, such as ours, to enable effective and full participation of persons

with disabilities at all levels.

develop this bill, we built upon our initial provincial consultation process

that sought the perspectives and knowledge of persons with lived experience. We

then continued to engage persons with disabilities and organizations of and for

persons with disabilities, as well as incorporating the advice of the Provincial

Advisory Council for the Inclusion of Persons with Disabilities to better inform

the development of this legislation.

This

ongoing collaboration and engagement has been vital to development of the

legislation and it supports the philosophy of Nothing About Us Without Us. To

ensure fulsome discussion, we held further consultations within the past year

with the business and tourism sectors, community organizations, the non-profit

sector and Indigenous governments and organizations to help better inform the

approach to this legislation.

It has

been said to me on numerous occasions by the community of and for persons with

Labrador.

In this

bill, Speaker, it is important to note that disability is clearly defined to

include physical, mental, intellectual, cognitive and learning disabilities, as

well as communication or sensory impairment. This definition also includes a

functional limitation that is permanent, temporary or episodic in nature, that

interaction with a barrier prevents a person from fully participating in

society.

Speaker,

this enabling legislation will allow this government the ability to establish

standards requiring individuals, private sector organizations and public bodies

As we

ongoing engagement with individuals with lived experiences and expertise,

community organizations, the business and tourism sectors, Indigenous

governments and organizations and all other municipalities representing the

interest of all Newfoundlanders and Labradorians. These standards will establish

clear, specific and achievable goals to remove and prevent barriers.

Each

standard will be introduced in stages with a time frame for implementation. The

standards and timelines will consider all sectors such as government, including

the House of Assembly, to be covered by an amendment to the bill, the business

and tourism sectors, municipalities and community organizations.

particular standard may take into account the type of barriers being addressed

and any technical or economic factors that may be involved in its

implementation. This legislation could set monetary penalties for non-compliance

of the standards.

The

standards will focus on nine key areas: the design and delivery of programs and

services; the built environment including facilities, buildings, premises,

public transportation and transportation infrastructure; information and

communication; procurement of goods, services and facilities; accommodations;

education; health; employment; and any activity or undertaking prescribed in the

regulations.

Speaker,

The focus of Manitoba's Customer Service Standard was to introduce policies, to

address training and communication with the goal of achieving respectful,

barrier-free customer service in all Manitoba organizations and businesses that

have at least one employee.

For

instance, to meet the standard organizations are required to meet the

communication needs of customers, clients or members, invite customers to

provide feedback and train staff on accessible customer service, including

reasonable accommodations under their province's Human Rights Code, just to name

a few. As well, there were different timelines for organizations to meet the

standard: The Manitoba government had one year to comply; the public sector had

two years to comply; and private, small municipalities and non-profit

organizations had three years to comply.

addition, Speaker, this made-in-Newfoundland-and-Labrador bill outlines that

sign languages are recognized as languages for communications by deaf persons

and this includes American Sign Language and Indigenous sign languages.

The act

This Advisory Board will be responsible for advising and making recommendations

to me, as minister, respecting: priorities for the establishment and content of

measures, policies, practices and other requirements that may be implemented by

furthering the purposes of this act; and any other matter relating to

The

Us Without Us, shall consist of a minimum of seven members and a maximum of nine

members, and at least one-half of these members would be persons with a

disability or representative of persons with disabilities and at least one

member shall be an Indigenous person.

this board, will be established for each standard. This committee will consist

of at least half of the members being persons with disabilities or organizations

representing them, as well as technical experts, representatives of

organizations and public bodies that may be affected by this standard and

representatives of government departments that have responsibilities related to

the standard.

standards, Speaker, this bill also outlines the expectations of the duties,

roles and powers of myself, as Minister Responsible for the Status of Persons

with Disabilities, and these include raising awareness of how barriers impact

persons with disabilities; promoting the prevention, identification and removal

of barriers; and providing information to assist individuals, organizations and

public bodies related to this new legislation and any applicable standards.

To this

end, my department's Disability Policy Office is required, through this

legislation, to support the implementation and administration of the act and the

regulations through such things as providing policy and communication support;

reviewing measures, policies and practices to improve opportunities for persons

standards advisory board.

recognize that public awareness is an important part of making the province

accessible and inclusive for all Newfoundlanders and Labradorians; therefore,

province will be critical. As standards are introduced and regulations become

law, education, tools and other resources will be provided to organizations to

The bill

also outlines that public bodies, individually or two or more together, will

measures intended to be taken to remove barriers and procedures to assess if the

measures are working. These plans will be developed in consultation with persons

with disabilities and representatives of and for persons with disabilities.

The

appoint a director of compliance and enforcement. The director of compliance and

enforcement will have the authority to issue orders related to non-compliance

and there will be an appeal process; however, as is the approach in all other

will be a last resort. We are looking at awareness and education first and

foremost as the key priority for this legislation. Next would be detection, then

correction and finally sanction.

The

legislation also outlines accountability mechanisms which include: I, as the

minister responsible, must prepare and publicly release an annual report to

Advisory Board must also prepare an annual report and make it publicly

minimum every five years; and, finally, there will be a statutory review of the

effectiveness of the legislation every five years after the bill comes into

force.

conclude, Speaker, I would like to highlight that every December 3 we come

together to join persons with disabilities around the world in celebration of

the International Day of Persons with Disabilities. The annual observance of

this day was proclaimed in 1992 by the United Nations.

The

observance of this day aims to promote an understanding of disability issues and

to mobilize support for the dignity, rights and well-being of persons with

disabilities. It is my goal – and I hope the goal of this hon. House – that the

persons throughout the province.

Speaker,

before I conclude, I went through sort of a detailed explanation and description

of the consultation process for this bill. I think it speaks to the recognition

by my department and the government that that was, and continues to be,

essential if we are to be successful. Nothing About Us Without Us is an

operating premise of our Disability Policy Office and certainly of this

legislation.

continue to consult and will consult with them. The legislation speaks to the

important role that the persons with disabilities and their representatives will

play in each stage of the implementation of this legislation. Whether it's in

development committee, the development of those standards and the consultations.

So it is fully embedded throughout. I think that will make sure that this will

be successful on an ongoing basis.

With

that, Speaker, I will conclude.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Placentia West - Bellevue.

J. DWYER:

Thank you, Speaker.

I'm

pleased to lead the debate on behalf of the Official Opposition on Bill 38, An

The

lay out in

section 3 of the bill – this is how that

section of the bill reads in

by preventing, identifying and removing barriers that prevent persons with

disabilities from fully participating in society with respect to (

a) the design

and delivery of program and services; (

b) built environment; (

c) information and

communication; (

d) the procurement of goods, services and facilities; (

e) accommodations; (

f) education; (

g) health; (

h) employment; and (

i) an activity

or undertaking prescribed in the regulations.

“

(2) Communication referred to in paragraph (1)(

c) includes the use of American Sign

Language and Indigenous sign languages.

“

(3) Sign languages are recognized as languages for communication by deaf persons in

the province including, without limitation, American Sign Language and

Indigenous sign languages.”

The term

“built environment” is defined like this: “'built environment' includes (

i) facilities, buildings, structures and premises; and (ii) public transportation

and transportation infrastructure.”

The word

“barrier” is defined like this: “ …'barrier' means anything that prevents a

person with a disability from fully participating in society, including (

i) a

physical barrier, (ii) an architectural barrier, (iii) an information or

communications barrier, (iv) an attitudinal barrier, (

v) a technological

barrier, or (vi) a barrier established or perpetuated by

an Act, regulations, a

policy or practice.”

The term

“disability” is very broadly defined. Here is how the definition reads in the

bill: “…'disability' includes a physical, mental, intellectual, cognitive,

learning, communication or sensory impairment or a functional limitation that is

permanent, temporary or episodic in nature, that, in interaction with a barrier,

prevents a person from fully participating in society.”

So, as

we can see, the scope of this bill is extremely broad and far reaching, and if

we had any doubt about how broad that scope is, we need only to refer to the

document provided by the department at the briefing. The document states: Nearly

one in four Newfoundlanders and Labradorians report their everyday activities

are limited due to a disability.

We are

potentially talking about a quarter of the population – more than 125,000 people

facing barriers that this act is determined to remove. When we see signs for

designating parking or seating or other facilities for persons with

disabilities, we are used to seeing the symbol for a wheelchair. This bill is

certainly for those who face mobility challenges, but more than that, it covers

those who face vision challenges and hearing challenges. It covers disabilities

that may be hidden or temporary. It covers barriers that include the way people

are treated.

This

bill is about changing, not only the physical realities around us but also our

attitudes. We all need to appreciate that the person beside us may be a person

struggling with a disability that we need to be mindful of.

We need

to empathize and care enough to recognize the barriers they face. We need to

care enough that we become part of the movement for change. Progress will happen

more quickly as more and more of us come on board. It's going to be a learning

process that we need to pay careful attention to. We need to let people tell us

their stories and describe the changes that will help them participate more

fully in our society.

The

stories are going to vary. The barrier faced by one individual may be completely

different from the barrier faced by another. The bill is designed to be an

umbrella bill for all sorts of disabilities.

On the

website of Johns Hopkins University is a lengthy list of types of disabilities.

It's not comprehensive but it gives a good idea of the broad range of

disabilities that people may have to deal with.

There

are speech and language disabilities, perhaps they result from hearing loss,

cerebral palsy, learning disabilities or physical conditions. It could include

stuttering or stammering or the complete loss of voice. There are psychiatric

disabilities. These include a wide range of behavioural and psychological

problems characterized by anxiety, mood swings, depression or a compromised

assessment of reality.

Our

attitudes towards mental health have been changing in recent years, but we still

have a long way to go.

There

are physical disabilities. These may result from congenital conditions,

accidents or progressive neuromuscular disease. They may include conditions such

as spinal cord injury, such as a paraplegic or a quadriplegic; cerebral palsy;

spina bifida; the loss of a limb; muscular dystrophy; cardiac conditions; cystic

fibrosis; paralysis; polio or post-polio; and stroke.

There

are medical disabilities. These include respiratory, immunological, neurological

and circulatory systems. Examples include: cancer, chronic fatigue syndrome,

epilepsy seizure disorder, fibromyalgia, lupus, multiple sclerosis, chemical

dependency, diabetes, Epstein-Barr virus, HIV and AIDS, multiple chemical

sensitivity and renal disease.

The list

also includes learning disabilities. These are neurologically based. They may

interfere with the acquisition and use of listening, speaking, reading, writing,

reasoning or mathematical skills. The list includes those who are deaf or hard

of hearing. They may require different accommodations depending on several

factors, including: the degree of hearing loss, the age of onset and the type of

language or communication system they use. They may use a variety of

American Sign Language or an Indigenous sign language.

The list

also includes brain injuries. This may include, in many ways, traumatic brain

injury, typically resulting from accidents; however, insufficient oxygen,

stroke, poisoning or infection may also cause the brain injury. Brain injury is

one of the fastest growing types of disabilities, especially in the age range of

15 to 28 years. Brain injury can cause physical, cognitive, behavioural or

personality changes that affect someone in the short term or permanently. The

list also includes blindness or low vision. Some people are totally blind,

others are legally blind and others have a severe vision loss in distance or

near vision.

Other

disabilities include attention deficit disorder and attention deficit

hyperactivity disorder, also known as ADD and ADHD. These are neurological

conditions affecting both learning and behaviour. They result from chronic

disturbances in the areas of the brain that regulate attention, impulse control

and the executive functions which control cognitive tasks, motor activity and

social interactions.

This is

a long list of disabilities and the scope of the bill is broad enough to

encompass all of them. So, as we can imagine, if we, as a province, are to

remove the wide range of barriers faced by people with such a broad range of

disabilities the implications will be enormous. It's going to be a step-by-step

process and one of the most important steps in the process is going to have to

be education. We need to learn about the kinds of barriers that people face, not

just so we know but, more importantly, so we act, because once we find out that

a barrier exists we need to own the responsibility for removing it. Think

globally, act locally; make a difference close to home.

A great

deal of work has already been done thanks in large part to the organizations and

activists who have made progress with their purpose in life. It is time now to

build on their work and take the next steps to real change happening. According

standard. The standard is intended to move us step by step progressively towards

full inclusion. The standard will consist of building blocks that will make

The

standard will establish clear, specific and achievable goals to identify,

prevent and remove barriers. The standard will be introduced in stages with time

frames for implementation at these various stages. These time frames will

consider the circumstances of all sectors of our society, government,

individuals, business, municipalities and community organizations. The standard

will be developed by people whose knowledge of these matters is the broadest and

be a standard development committee and these will work with the Disability

Policy Office.

Everyone

will be working together on solutions that move our province forward. We can

learn from the jurisdictions that have already passed laws on this. Five

Quebec in 2004, Ontario in 2005, Manitoba in 2014, Nova Scotia in 2017, Ottawa

2017 and British Columbia in 2021.

One

example of a standard already adopted under such a piece of legislation is

Manitoba's. They have developed a Customer Service Standard. To meet that

standard, organizations must meet the communication needs of the customer,

clients or members; allow assistive devices such as wheelchairs, walkers and

oxygen tanks; welcome support people who are there to assist; welcome people

use of ramps, wide aisles and the removal of clutter; let customers know when

accessible features and services are not available; invite customers to provide

feedback; train staff on accessible customer service, including reasonable

accommodations, under the Human Rights Code; make public events accessible when

they are hosted by large public sector organizations; and require that all

public sector organizations and private sector organizations with more than 50

employees must document their customer service policy and provide notice that it

is available upon request.

So, as

we can see, a standard will make a real difference. It's more than just good

intentions. The legislation means that it will require accountability. This

legislation will have teeth. The bill provides for inspectors to check on

compliance and enforcement. The government will have the power to appoint a

director of compliance and enforcement who will monitor all complaints of

non-compliance, prepare an annual

summary of complaints and outcomes, delegate

powers and duties to inspectors, issue remedial orders and enforce

administrative penalties.

The bill

prescribes penalties that range from a fine of up to $1,000 where the person is

an individual, and up to $25,000 where the person is an organization or public

body. The bill also provides for incentive-based measures to encourage and

assist an individual, an organization or a public body, or a class of

individuals, organizations or public bodies to meet or exceed an accessible

standard. That's an interesting feature of the bill described in the

regulations.

Public

years, and then every three years thereafter. The bill also provides for the

legislation itself to be reviewed and updated from time to time to make sure

it's working as it should.

So here

we are today at the beginning stages. We're not entirely sure what to expect; we

have only a general idea of how this will work. We can look at the standards of

other provinces and imagine that ours may be similar. We can look at their

experience to learn from their best practices and avoid any pitfalls they may

have encountered.

expect the government to keep the public fully informed at every stage of

implementation so people know what will be expected of them. This is

particularly important when we think of organizations and businesses that will

have to invest in measures within certain time frames in order to meet the

standards. They need to be fully informed well in advance so they have the time

and resources to comply.

The

thing we really like about this legislation is the way it was created. It was

created after significant consultations including the publication of Nothing

About Us Without Us and consultations with the Provincial Advisory Council for

the Inclusion of Persons with Disabilities, the business sector and Indigenous

governments and groups.

This is

an initiative driven by people with passion for full inclusion and full

participation of persons with disabilities in our society. Those are the heroes

of this initiative. This will be part of their lifelong legacy. We owe them our

gratitude for their dedication and tenacity. They are the ones who will ensure

this initiative works. They are the ones who will hold our feet to the fire, no

matter which administration is in office. We note that this is also a

nation-wide and worldwide movement toward inclusion.

In 2010,

Canada joined the United Nations Convention on the Rights of Persons with

Disabilities. The convention protects and promotes the rights and dignity of

persons with disabilities without discrimination and on an equal basis with

others.

In 2018,

Canada also joined the Optional Protocol to the Convention. The Optional

Protocol allows individuals and organizations to make a complaint to the UN if

they believe their rights under the convention have been violated.

In 2019,

Ottawa also passed the Accessible Canada

Act known as

an act to ensure a barrier-free Canada. We expect our province

to be a leader in removing the barriers facing persons with disabilities.

As the

Official Opposition, we intend to be among those who hold the government's feet

to the fire. This has to be more than good intentions or long-term goals. Let's

bring everyone in the province on board and allow the public to be part of this

movement for change.

Thank

you, Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Humber - Bay of Islands.

E. JOYCE:

Thank you, Speaker.

I'll

just spend a few minutes on it. I just want to congratulate the minister and the

staff in the department and everybody who participated in presenting this bill

here today. It's something that's overdue and, as the minister stated, it's an

enabling legislation that allows the groundwork to actually get the legislation

put in place and have regulations put in place to put down the barriers across

the Province of Newfoundland and Labrador.

I just

want to recognize the hard work of the minister, all the advisory groups, all

the people who participated and the staff itself. It's a great step to get

things working in the Province of Newfoundland and Labrador for people with

disabilities and other issues.

noticed that the minister mentioned that the consultation was very extensive and

that is very important to have extensive consultation.

I can go

back a long while to when I was involved with the disability community. I

remember this guy with the Canadian Paraplegic Association, Mr. Sean Fitzgerald.

Sean was involved with it for a number of years. Newfoundland and Labrador, at

the time, when we were involved – I remember going to national meetings in

Vancouver at the time. The point that we pushed when we got in there, at the

time, and we pushed it back in the province and it moved ahead a fair bit, was

to have people with the Canadian Paraplegic Association and other disabilities

to get involved. That was so important. I go way back in the '90s when they used

I'm

going to tell a little story now about awareness. It was Premier Clyde Wells. I

remember we arranged it, going into the building, the Sir Richard Squires

building, we asked the premier to sit in the wheelchair and get up to the 10th

floor. He couldn't do it. So then the awareness of the premier of the province

started the acknowledgement by the government, at the time, that we need new

elevators with the sound.

I'll say

to the minister, this here today takes it to a higher level and I just wanted to

recognize that.

When you

look across the Province of Newfoundland and Labrador and all across Canada, the

awareness is lacking and a lot of times it's the buy-in of some of the

regulations that you put into it. The slogan Nothing About Us Without Us is a

great slogan because it's so true. Many times things are done without

consultation, then you have to go back and try to change it or people aren't

really aware of the issues.

Another

good story I always liked talking about was when people came back – this is how

the Canadian Paraplegic Association was started – war vets coming back from the

Second World War. At the time, the owners of the Toronto Maple Leafs went and

said, okay, we have a duty here. So that's where all the wheelchairs were

stored. I remember the sidewalks, cutting down the sidewalks so people can get

by. They used to bring down the politicians in downtown Toronto and say, okay,

get across the street. They couldn't.

This is

the awareness that started back in the '40s. This was a physical disability, of

course, with war veterans coming back. Since then, there are a lot more issues

that have arisen that wouldn't encompass physical disabilities and sometimes

intellectual abilities that we need to be challenged with also.

I will

be supporting this. I will be looking forward to having input on some of the

regulations that will be coming out on this. It's always great to have the

advisory boards, the people who have the first-hand knowledge and the best way.

I notice

the minister mentioned it earlier – and this is for the businesses around the

Province of Newfoundland and Labrador – I remember meeting Rick Hansen several

times on this also. This is something which has a lot of power in money. A lot

of people with disabilities these days, they travel a lot. They look for places

initiatives, especially in sporting events. They look for it.

So not

only will it help the business community, it will also enhance the tourism in

the area and help the people in this province who can get out more to spend

money; help the economy a lot. It is a business initiative also, along with the

initiative of helping people with disabilities.

I just

want to say that this is a great enabling piece of legislation. I'm hoping that

it's going to be done by December – December 3 I think the minister mentioned.

That would be a great day because I remember always recognizing those days.

The

minister mentioned back in the United Nations when they passed that piece of

legislation, when they described that day as the International Day of Persons

with Disabilities. I remember that well also.

I just

want to give full support to the minister and the government for this, and I

look forward to the regulations of it. This is a great first step for all of us

to move ahead, will help a lot of people in the province, our own family at

times, our own neighbours at times and a lot of people that come in contact

with.

I will

be supporting this and I will be urging everybody in this House – which I know

they will. I think everybody in this House will be supporting this bill. The big

part about it is that the people who are mostly affected will be the driving

forces behind this.

Congratulations to the minister, the staff, the people on the committees and all

the people who gave input for this to bring in this piece of legislation.

Thank

you, Speaker.

SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

T. WAKEHAM:

Thank you, Speaker.

I, too,

am very proud to be able to support this legislation. I think people in every

single district in this province would support this legislation. It's a very

important piece of legislation. As my colleague in the House has already said,

what's really important about this is the input that the organizations, the

advisory councils and everyone have had into this particular piece and how it

will work in the future.

For the

people of my district, this is a long time coming. They are looking forward to

the implementation of this piece of legislation. Because one of the most

inaccessible buildings in my district is the Government Service Centre. I was

really interested in some of the minister's words when he talked about equitable

access, a key commitment being met, the right thing to do and enabling

legislation.

Again,

I'd simply say that the first place that we're going to have to start here is

with the government-owned assets, because for too long people in my district

have not had access to a public courthouse. People with disabilities have not

been able to access the courthouse in Stephenville. People with disabilities

have not been able to go to the Government Service Centre.

More

than six years ago, this particular building was promised to be replaced and it

still has not been replaced. To make matters worse, there was a rumour – and I

hope it is only a rumour – that government were going to spend a million dollars

to repair the roof on this particular building. Again, what a total waste of

money if that is the case.

We've

had similar situations in my district already, where buildings that have been

left over from the days of the American Air Force base have been remodelled or

tried to be remodelled. The Bay St. George Medical Clinic, another one, while it

spent more than $1 million on putting siding on this building, while inside the

building staff continue to complain about poor ventilation and many, many

issues.

again, I think this piece of legislation is fantastic. I think we support it.

But again, I want to make sure that government lives up to its commitment, that

it meets its key commitment and that it actually starts now to look at its own

assets and how can we move those forward so that we can eliminate public

buildings from being inaccessible. That, to me, is the key that we have to start

with first. Government has to take care of its own challenges first and then

work with the business community and others to make sure that they meet their

requirements.

I'll

have a few more questions to ask when we get to Committee stage.

Thank

you, Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for Burin

- Grand Bank.

P. PIKE:

Speaker, I am quite pleased today to speak to Bill 38,

An Act Respecting

the current Liberal government. We now join five other provinces and the federal

What I

like about this, Speaker, this legislation will reach across a wide spectrum of

board to make recommendations and provide consistency in standards is a great

move as well.

recognizes American Sign Language and Indigenous sign language as languages of

communication. There are soft compliance and enforcement measures, which is very

important. There will be an evaluation of the act every five years and that is

key as well, Speaker, because it is important that we continue to evaluate any

bills or legislation of this type – when you're dealing with persons with

disabilities.

There

had been extensive consultation with the disability community, and that's key.

They certainly spoke loud and clear, and their concerns and what they expressed

in those consultations were part of the legislation.

Speaker,

the private sector, as well, is very supportive of this legislation. Despite the

fact that some businesses may have to do some renovating, they still very much

support this legislation.

Speaker,

a bill such as this will help people with disabilities and will help everyone as

well. It brings about an increased quality of life, creates independence and

improves social integration. It leads to better health and the opportunity for

independent living within communities – very important. In an accessible

environment, people can care for themselves and live independently. Wouldn't

that be great, Speaker, to be able to do that?

Accessible environment and service delivery such as public library services and

so on allow people with disabilities to move around independently and access

services – very important. This, in turn, will allow people to leave their

homes, which will prevent social isolation, which is very much part of the daily

issues that people with disabilities have. I know people that have disabilities

that sometimes don't get an opportunity to leave their homes. This legislation

will help people get out.

Speaker,

under this legislation, issues in relation to transportation will be addressed

and will enable and hopefully help bring day-to-day service to people to enable

them to visit friends, enable them to get to appointments and so on.

will be beneficial; cultural and sports activities will allow people with

accessibilities to spend time with family and friends at such events.

Speaker,

services so that our residents can fully become involved and participate in a

society without barriers.

In a

2017 study, six million Canadians aged 15 and over identify as having a

disability. That's 22 per cent of the population. This bill will address 59 per

cent of Canadians ages 25 to 64 with disabilities are employed compared to 80

per cent of Canadians without disabilities.

The

Government of Newfoundland is building on the advocacy of stakeholders to

promote the rights of persons with disabilities and to build on inclusion and

The

legislation will benefit everyone in this great province, especially those with

disabilities by working towards a barrier-free Newfoundland and Labrador and

working through creating standards crossing all sectors.

This act

will interact with all our residents and bring changes and visibility to

Speaker,

I am totally in favour of Bill 38.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER (Warr):

The Speaker recognizes the

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

J. DINN:

Thank you, Speaker.

Certainly, this is something I, personally, and the Third Party, will support,

especially when you look at the purpose of the legislation is to improve

The benefits, obviously, are far-reaching if inclusion means participation in

the economy, day-to-day life, so on and so forth.

about making sure that measures are ongoing; it's not a one-off, but there's

consistent opportunity here to improve.

particularly like – in terms of the next one – requiring public bodies to

is coming at a particularly important moment, especially in light of the Supreme

Court of Canada ruling with regard to snow clearing regulations, policy versus

operations, in which, basically, it has allowed citizens to sue cities for a

lack of snow clearing.

Now, you

don't have to go far in St. John's to find – and I speak here of St. John's; I'm

assuming for other areas, as well, it's going to be a similar issue and maybe

even for smaller municipalities. But I'm assuming here that this legislation

also will have implications for cities and snow clearing, when all you have to

listen to – look at the Facebook group of citizens of winter-unfriendly St.

John's. It's very clear that in the winter anyone who has a physical disability,

who's in a wheelchair, is going to have a tremendously difficult time to get

around. They're basically forced, if they have to, to use public transportation,

but the option for them to walk safely is not there.

As it

was said by, I think, one of the candidates in the recent municipal election,

she purchased a guide dog. A guide dog is trained to keep you out of the lanes

of moving traffic; not help you join them. For many pedestrians – and

pedestrians, whether they're disabled or not, but certainly people who have

physical disabilities – that is a significant barrier to them in participating

just in ordinary pleasures in life. Even just to go out for a walk and enjoy the

fresh air.

I note

that in this act in

Part I,

Interpretation and Purpose, it talks about a

physical barrier as well as architectural barrier. I would suggest that icy

sidewalks and snowbanks are physical barriers.

Public

transportation and transportation infrastructure, again, for the driver, a road

that's a little bit bumpy, a little bit ice clogged is not a major impediment.

For the person who is walking, especially the person who may be using a

wheelchair or a walker, it's almost insurmountable.

I notice

also that in here, I'm assuming – and certainly as the debate goes on, maybe the

minister could certainly clarify this – it also refers to a municipality under

the Municipalities Act . I'm assuming

deal with snow clearing, especially in the wintertime.

It says

identifying and removing barriers that prevent persons with disabilities from

fully participating in society with respect to (

a) the design and delivery of

programs and services ….” Again, snow clearing is a service. It's something that

we do. We certainly have a blacktop policy, I would say in most municipalities,

where we will scrape snow and salt the roads down to the asphalt itself.

But

until recently no such policy for sidewalks really existed. I would suggest that

that's a core duty of any municipality and indeed when it comes to our highways

as well. Certainly, when it comes to this even when sidewalks that are now

cleared are still not, what I would call, accessible to people who aren't able

to walk without help.

I notice

organizations or public bodies that are subject to the standard (

b) set out

measures, policies, practices and other requirements for (

i) preventing barriers

from being established, and (ii) identifying and removing barriers ….”

So I

have tremendous hope for this bill that it's going to have some significant

implications, positive implications for pedestrians who choose to walk or who

have no choice but to walk, and for those pedestrians who have no other means

but to walk.

For the

most part, I can drive in here. I have a short distance to walk to get to the

door. People who use public transportation don't always have that luxury.

Sometimes the distance between the bus stop and where they're going is

significantly longer than the walk that I would go through here. I would argue

that if you look at the sidewalks here around the Confederation Building, they

are salted and they are cleared, for the most part. You do not have to compete

with traffic going through the parking lot.

So I

think in many ways the cities – municipalities – and, indeed, any

government-owned roadways should be kept up to the same standard. To me, it's

not just about failing to install a ramp or the proper slope or anything like

that, but it's about the other barriers that come because of our environment.

I do

commend the minister. A few weeks ago we visited the house on Froude Avenue. To

me, it's what an accessible design should be. From the get-go, a person can walk

into that, even if they have no mobility issues, they can age into that. I look

at the father and daughter who are there and they are absolutely thrilled. It's

significantly much more difficult to retrofit an older home, but I've got to

commend the investment – and I would assume this goes back a few years, but the

investment in this and the forethought is significant, and I do applaud that

construction. I hope that we'll see more of those. Not only is it accessible,

but it's bright, it's spacious and it's a great family home.

Still,

around Froude Avenue, you're going to have to make sure that roadways are clear.

Just a little bit out from Froude Avenue you have Cashin Avenue, which is a

major thoroughfare. For a person, again, in a wheelchair, if they've got to

share the road with cars, God help them. Because many drivers do not slow down.

And that's a reality. We're in a rush to get everywhere and we're not paying

attention to what's on the road next to us.

The only

when it comes to motor vehicle registration. I pass this on right now. We might

there are those who do not have emails, that do not use the Internet, that

depend on other people. Whatever the reason is, that in and of itself, going

virtual is not the total answer. It's part of the answer but there's got to be

some other way of allowing people to access the services that they need.

For my

wife and I, it's not much of an issue. We're reasonably technical savvy until,

of course, I run up against my granddaughters and I realize that they're a lot

more technical savvy than I am – and they're only four and three.

I think,

when we're looking at this, we've got to look at it from the point of view that

just because I have an ease with using technology, not everyone does. Some of us

can rewrite the program on a computer. Others are lucky if we can access the

various functions on emails.

So the

final comments I'll make – two things here. I'm hoping to hear that this act

comes to snow clearing in the wintertime so that people who choose to get out in

the wintertime or who like going outdoors are not restricted to the summertime

activities, that they also have that opportunity, who also depend on sidewalks

to get to work, buy their groceries and so on and so forth. Also, if we could

look at our own government departments for that, and I'm thinking there are a

lot of provincial roadways, too, that might need areas cleared for pedestrians

Also,

when it comes to our Service NL, Digital Government, that digital is not

Thank

you, Speaker.

SOME HON. MEMBERS:

Hear, hear!

SPEAKER:

The hon. the Member for

Placentia - St. Mary's.

S. GAMBIN-WALSH:

Thank you, Speaker.

Speaker,

This bill has been a long time coming. I personally believe that bringing this

Labrador. Yes, we have made amendments to other pieces of legislation to make

When you

openly talk about a barrier you identify it, prevent it and remove it. The

equity then evolves. It's somewhat unfortunate that we have to go to these

lengths. But having said that, we do this every day, especially with legislation

like the Highway Traffic Act ,

for example; we identify an issue and we work to resolve it. This bill

requires individuals, public bodies and every one of us to abide by an

This

standards. You may ask: What are these barriers that warrant this legislation?

There are multiple barriers, Speaker. Attitudinal barriers and behaviours,

perceptions and assumptions that discriminate against persons with disabilities.

These barriers often emerge from a lack of understanding which can lead people

to ignore, to judge or even have misconceptions about a person with a

disability.

Hallways

and doorways that are too narrow for a person using a wheelchair, electric

scooter or a walker; counters that are too high for a person of short stature;

poor lighting for persons with low vision; doorknobs that are difficult for

persons with arthritis to grasp; parking spaces that are too narrow for a driver

who uses a wheelchair; loud spaces for individuals with autism – these are just

some examples of the barriers to inclusion.

Our goal

is that organizations will remove or prevent physical barriers and, thus, make

community more welcoming to people with and without disabilities. For instance,

stair-free access, wide paths and automatic doors are often useful to families

with small children and seniors.

This

legislation has very clear expectations of the duties, the roles and the powers:

to raise awareness of how barriers impact persons with disabilities; oversee the

the purpose of the act; provide information to assist individuals, organizations

activities and undertakings; and ensure that individuals, organizations and

Speaker,

accessible work for efficiency to allow more people to have quicker access.

impairments, at least 1.5 million blind and visually-impaired Americans use

computers; hearing loss and impairments; audio enhancers; speech impairments –

my own son is non-verbal and at times he uses his iPad to communicate through a

program called Proloquo2Go – motor impairments; and cognitive impairments. Many

individuals use accessible programs and apps to access the digital world.

Speaker,

recognize American Sign Language and Indigenous sign language as languages for

communication by deaf persons. Amendments to the designated mobility impaired

parking regulations under the Highway

Traffic Act related to illegally parking in a blue zone did come into force

in January of 2018. On that day, there was an increase in the minimum fines for

illegally parking in a blue-zone parking space anywhere in the province from

$100 to $400 and the maximum fine is now $700. So our government has made

Act .

Speaker,

our government's commitment to ensuring inclusion and equity for all. Illegal

parking in blue zone spaces makes it more difficult for people with mobility

impairments to fully participate in their community. Increasing fines is an

effective means of deterring these offences, as shown when the City of St.

John's did so within their jurisdiction in 2012.”

We are

now putting a standard in place; we will work together in all sectors of society

to make our community accessible to all.

Speaker,

just prior to entering politics I worked as a community inclusion coordinator

and the executive director for the Newfoundland and Labrador Association for

Community Living. Community Living is an organization committed to a future of

inclusive communities. As an employee of the organization and alongside

volunteers and staff, we battled barriers to inclusion, especially inclusive

non-stop. It was discouraging at times but this legislation today is a result of

that consultation being done with the community that represents persons with

disabilities and key stakeholders. Speaker, I am proud that our government

understands Nothing About Us Without Us.

I cannot

talk about this legislation without mentioning my late friend, Brenda Power.

Brenda was an individual who was a wheelchair user, but she never let that slow

her down. She was a powerhouse and a friend of mine. Brenda went everywhere with

us in the late '80s, from George Street Festival to the Top Hat, and she would

tools needed to make our world accessible started with Brenda.

Speaker,

as I mentioned, there has been extensive consultations with regard to this piece

of legislation, especially with the disability community. Those in the private

sector are supportive of the legislation, despite the fact that many businesses

will have to make changes in order to remove barriers and become accessible.

Here we

Newfoundland and Labrador. Thank you to my friends, past colleagues and all

those individuals that gave our government advice and guided us with this piece

of legislation.

Speaker,

Thank

you.

SPEAKER:

The hon. the Member for

Torngat Mountains.

L. EVANS:

Thank you, Mr. Speaker.

I, too,

support the bill. I think it's very important for us to look at what the purpose

of this act is. It's actually outlined in

section 3(1). It says: “The purpose of

barriers that prevent persons with disabilities from fully participating in

society …” and it goes on to list what it's respective to.

I think

It's 2021, we have a lot of infrastructure, we have a lot of resources and we

live in a province in a modern country. So why do we need to improve

I've

listened to people advocate on their behalf to try and identify, and really a

lot of the times what's important is not only about the barriers to

help? As a self-identified able-bodied person, I think this bill actually

improves the quality of life for, not only people who face barriers but for

everybody. Because when we help people overcome barriers, we're also helping

ourselves and that's very, very important.

When you

we have those answers, we do understand the importance of this bill. That's why

we all need to support this bill.

It's

about equal access for everyone. It's about fairness. I totally applaud the

intent of this bill.

Also, I

applaud the broad view taken in identifying what are barriers? Identifying

barriers, it's not just pigeonholing the definition. We need to be able to

identify the disabilities first and then we need to be able to identify the

barriers that actually impede people who suffer with disabilities.

That's

improved quality of life such as access to being able to get a job and to be

able now to keep a job. A lot of times people who actually are burdened with

being able to maintain and keep a job.

Something as simple as being able to get on public transportation; being able to

navigate within the work-office environment. It's about quality of life.

It's

about the ability to be independent and also when we remove the barriers that

their self-esteem, their mental and emotional health is improved. You just have

to ask a person who is suffering with a disability this winter when they're

going to trying to navigate the streets, a lot of times be at risk of being hit

by a vehicles, being injured, being killed.

I've

been to a couple of the protests where basically that was the gist of the

in the middle of the winter without fearing for your life. We know of people who

have actually died.

This

bill is very, very important, not only to people who face barriers but for the

general population. It's about quality of life and it's about improving access.

A lot of

times it's very important for us to recognize within ourselves, even within this

House of Assembly that we don't recognize a lot of the barriers out there. If we

don't recognize the barriers, basically, there are gaps that will be created.

It's

very important for us to identify that a lot of the decision-makers, a lot of

the influencers don't recognize barriers. That has to change. I say that we need

to be able to recognize that everybody has to work together.

One of

the biggest things that I think we need to do is we need to listen to people who

are the advocates for removing barriers. Because, a lot of times, people fall

between the cracks that are created when there's a failure to actually ensure

equal access. Barriers put people at risk of injury, at risk of losing their

jobs, at risk of suffering emotional and mental health issues and we learn now,

in 2021, that it's all interconnected.

But most

importantly, if I say one thing in this House of Assembly today, is that we need

to be more respectful and we need to listen to people out there that are

advocating on behalf of others. We need to ensure that their voice is heard. And

it's sham