Ontario Hansard — 9 December 2008 (39th Parliament, 1st Session)

2008-12-09

Ontario — Debates (Hansard)

Ontario Hansard — 9 December 2008 (39th Parliament, 1st Session)

2008-12-09

Ontario — Debates (Hansard)

role="main" class="main-container container js-quickedit-main-content" id="main-content">

December 9, 2008

39th Parliament, 1st Session

< Previous sitting day

Next sitting day >

Hansard Transcripts

Votes and Proceedings

Orders and Notices

Hansard Transcripts 2008-Dec-09 (PDF)

LEGISLATIVE ASSEMBLY OF ONTARIO

ASSEMBLÉE LÉGISLATIVE DE L'ONTARIO

Tuesday 9 December 2008 Mardi 9 décembre 2008

ORDERS OF THE DAY

CORONERS AMENDMENT ACT, 2008 /

LOI DE 2008 MODIFIANT

LA

LOI SUR LES CORONERS

INTRODUCTION OF VISITORS

ORAL QUESTIONS

TOBACCO CONTROL

CORRECTIONAL FACILITY

EMPLOYEES

HOSPITAL FUNDING

JUSTICE SYSTEM

TORONTO CATHOLIC DISTRICT

SCHOOL BOARD

TECHNICAL STANDARDS AND

SAFETY AUTHORITY

LINCOLN M. ALEXANDER AWARD

JUSTICE SYSTEM

MANUFACTURING JOBS

ARTS AND CULTURAL FUNDING

RURAL ONTARIO

SERVICES FOR THE

DEVELOPMENTALLY DISABLED

SNOWMOBILING

PUBLIC TRANSPORTATION

FOOD SAFETY

VISITOR

INTRODUCTION OF VISITORS

MEMBERS' STATEMENTS

CHILDREN'S MENTAL HEALTH SERVICES

SAM BOUJI

TOBACCO CONTROL

POVERTY

WINCHESTER DISTRICT

MEMORIAL HOSPITAL

GOVERNMENT'S RECORD

RURAL ECONOMIC DEVELOPMENT

LANSDOWNE CHILDREN'S CENTRE

PEACE BY PEACE

REPORTS BY COMMITTEES

STANDING COMMITTEE ON

SOCIAL POLICY

INTRODUCTION OF BILLS

PROTECTION OF PUBLIC

PARTICIPATION ACT, 2008 /

LOI DE 2008 SUR LA PROTECTION

DU DROIT À LA PARTICIPATION

AUX AFFAIRES PUBLIQUES

EMPLOYMENT STANDARDS

AMENDMENT ACT

(TEMPORARY HELP AGENCIES), 2008 /

LOI DE 2008 MODIFIANT LA LOI

SUR LES NORMES D'EMPLOI

(AGENCES DE PLACEMENT TEMPORAIRE)

SECURITIES AMENDMENT ACT

(MUTUAL FUNDS), 2008 /

LOI DE 2008 MODIFIANT LA LOI

SUR LES VALEURS MOBILIÈRES

(FONDS MUTUELS)

STATEMENTS BY THE MINISTRY

AND RESPONSES

TEMPORARY EMPLOYMENT AGENCIES

TEMPORARY EMPLOYMENT AGENCIES

TEMPORARY EMPLOYMENT AGENCIES

PETITIONS

LOGGING ROUTE

FOCUS COMMUNITY PROGRAM

INTERPROVINCIAL BRIDGE

SERVICES FOR DISABLED CHILDREN

FOCUS COMMUNITY PROGRAM

HOSPITAL FUNDING

BEER RETAILING AND DISTRIBUTION

TOM LONGBOAT

HEALTH CARD RENEWAL CLINIC

HOSPITAL FUNDING

DRIVER LICENCES

FOCUS COMMUNITY PROGRAM

BATHURST HEIGHTS

ADULT LEARNING CENTRE

MOTORCYCLE SAFETY

ORDERS OF THE DAY

ORDER OF BUSINESS

CONCURRENCE IN SUPPLY

ORDER OF BUSINESS

The House met at 0900.

The Speaker (Hon. Steve Peters): Good morning. Please remain standing for the Lord's Prayer, followed by the non-denominational prayer.

Prayers.

ORDERS OF THE DAY

CORONERS AMENDMENT ACT, 2008 /

LOI DE 2008 MODIFIANT

LA

LOI SUR LES CORONERS

Resuming the debate adjourned on December 3, 2008, on the motion for second reading of Bill 115,

An Act to amend the Coroners Act / Projet de loi 115, Loi modifiant la

Loi sur les coroners.

The Speaker (Hon. Steve Peters): Further debate?

Mr. Rosario Marchese: I just want to make a couple of comments in this regard. It is a bill that a few of my colleagues have already spoken to. It's a bill that we are quite eager to send to hearings, because we believe that by and large much of what is recommended is positive. There is some serious disagreement on the bill that I will speak to as well, briefly, because I think it's important to speak to it. But some of the bill provisions I think are useful to repeat and to support.

They want to create a registry of qualified practising pathologists approved to perform post-mortem examinations to be established by the chief forensic pathologist; establish a death investigation oversight council to provide oversight for the death investigation, with responsibilities that include monitoring and overseeing compliance with the act; oversight with strategic planning and preparing an annual report for the minister–useful; establish legislative authority for the chief coroner to appoint appropriately qualified death investigators to perform the duties of a coroner, providing for greater flexibility in northern and First Nations communities where doctors may not be available—a useful provision; and provide coroners with the authority to release information from a death investigation to advance public safety and prevent similar deaths.

These kinds of provisions are, on the whole, very good, and we're very eager to have people comment on these. The provision that I will speak to as well is they will remove the ability of the minister to call an inquest, which was not recommended by the judge who wrote this report, and that's something that New Democrats are concerned about and want to speak to. Much of the report written by Judge Goudge, but not solely—it was a lengthy inquiry—dealt with the behaviour of the pathologist, the so-called Dr. Charles Smith.

This is a story that has concerned many of us, because as a result of the decisions he made, many innocent people went to jail for allegedly having killed their babies. When you send innocent people to jail on the basis of their having killed their children, it has serious implications for those individuals.

I just can't imagine—and those of us, of course, who cannot dream of ever hurting a child—that a child should die and that a parent or a relative should be accused of the killing of the child—wrongly accused. Just imagine what that means. Imagine the accusation of having killed a child. Imagine the shame, the ignominy, and the long-lasting feeling of pain and anger that one would feel under those circumstances. How do you deal with that? And how do you deal with that if you've been put in jail for two years, five years, seven years, 10 years? It's just unspeakable, unspeakable.

All this, because Dr. Charles Smith was assumed to be a very competent pathologist, but it turns out he wasn't very competent at all. It turns out that there were many stories connected to the issue of competence but it was never followed through. As a result of that, so many people have been hurt so badly. How do you compensate them for that? I don't know how you do that, I just don't. But we have to find a way to compensate and money, yes, is not the sole way to repay them for the wrong that has been done, but it certainly is one way to help out to restore the lives that have been so badly damaged. That's one issue that was dealt with in the Goudge report, and we support it very strongly.

This bill removes a

section from the Coroners Act—which New Democrats do not support—that is,

section 22 of the Coroners Act, which allows the Minister of Community Safety to call for an inquest, notwithstanding that local or regional coroners or, indeed, the chief coroner, may have decided not to do so. We believe this

section should be retained and should be maintained and used when necessary. We know this is a rarely used provision and, because it's rarely used, we think it should stay within the purview of the minister to be able to have it there in the event that, for whatever reason, political or otherwise, the wisdom in the judicious use of that provision is useful to have.

We don't quite understand why the government is eager to move away by dropping that provision. If it's rarely used, why take it away? The government can argue that it's rarely used, so there's no reason to keep it. But we say, because it's rarely used, that is the reason to keep it. Does it indicate that the government is clearly moving away from coroners' inquests? Oh, sure, they can say, "No, we're not doing that.

Local, regional, chief coroners can do that at any time." But does the mere fact that this provision should be removed by the government from use by a minister who might feel the need to do so hint at a move away from using this section? I suggest, and New Democrats suggest, that it does.

The argument advanced by the government was that Judge Goudge indicated we should remove this provision; that was the hint, the suggestion that was made. Andrea Horwath, our critic, was in the ministerial discussions where MPPs are briefed, and that's where she was alerted to this particular problem. So she, along with our researchers, went and dug up the report and looked at it and discovered that Judge Goudge's recommendations were very clear and said that the minister should be retaining his opportunity to order an inquest under

section 22. So contrary to what had been suggested by the government through the minister, Judge Goudge said this provision should be retained.

So we say to the government, why move away from the use of this section? Why take it away when Judge Goudge said you should be retaining it? Why is it that you have an interest in simply, for whatever reason, saying this is of no value to you when Judge Goudge, having done a lengthy investigation, a lengthy inquiry, proposed that you keep it?

We believe that you should keep this section. This is one of the reasons we want to be able to take this out to committee hearings, where we are looking forward to comments on this report, on Bill 115, from many, many people who have expertise in this particular field. The expertise of others who are actively involved would be very, very helpful to me and to members of government, because this is an issue they deal with on a regular basis.

The Criminal Lawyers' Association, for example, is one association I want to hear from; the Ontario Bar Association is another; and many other lawyers who are actively involved. We think the majority of these recommendations are very useful. We oppose the elimination of

section 22, and we hope that the government, in the end, after those hearings, will listen to the folks and hopefully change that. I just wanted to put those few things on the record.

The Acting Speaker (Mr. Ted Arnott): Questions and comments?

Mr. Mike Colle: I was listening very closely to my colleague from Trinity—Spadina, and I think he did raise some of the more, let's say, debatable points about Bill 115,

An Act to amend the Coroners Act. I guess what it sort of brings to mind is the fact that there is a huge responsibility on our government—on all governments—in terms of dealing with deaths, accidental or otherwise, and sometimes we never stop to reflect on the expertise we need in our coroner's department, the qualified men and women we need there.

As he said, stop and think about the agony this could bring to a family when there is a wrongful death involved. I know that the province of Newfoundland has just finished two years of public inquiry about the gaps in their pathology in diagnosing cancer in women. They have an acute shortage of pathologists in Newfoundland; so they've had to take on an aggressive policy of attracting qualified men and women.

This act is really a modernization, a bringing up to date and putting in more safeguards to ensure that our pathologists and coroners are up to the highest standards. It's something we don't like to talk about or deal with, but it's a reality that goes on in any jurisdiction. This act is an attempt to try to rectify some of those gaps.

The Acting Speaker (Mr. Ted Arnott): Questions and comments?

Mr. John O'Toole: First of all, I want to pay respect to the member from Trinity—Spadina. He certainly put a human face on the tragedy, shock and bewilderment faced by families that would have been victimized, I suspect, by the findings of Dr. Smith. Of course, the Goudge inquiry was a direct result of that.

I think it's important that those in positions of authority like that are able to have some vindication, if you will, as a tragedy of any family under the circumstances, than to have that magnified by being accused of being guilty of the abuse that may have caused one of their children's death—just unimaginable. As a parent of five children, I certainly think the member from Trinity—Spadina put a human face to that story.

If you look at the legislation, it's fairly technical. The report on pediatric forensic pathology in Ontario was released in October 2008, and 11 themes and 169 recommendations came out of it. I guess this legislation is an attempt to put a framework structure around this. It's my understanding that this bill will go to committee, and in that process I would guess there will certainly be amendments. But I think we should put a voice and a face, as the member from Trinity—Spadina has done, on those who were victimized by someone in a position of authority who wasn't qualified to perform the function. Hopefully this legislation will correct that.

The Acting Speaker (Mr. Ted Arnott): Questions and comments?

Mr. Dave Levac: I want to thank the member from Trinity—Spadina; he knows I respect him. In our friendship, I have come to know that he speaks well of the social aspect of this bill. I too want to echo what he said about the tragedy that brought this on, along with the fact that this bill is in need of passage for the very sake of what happened, and I'm sure he understands that.

I'm hearing virtual support from all sides of the House, and that there are areas that need some correction. As I have now done carriage of a couple of bills, I would make the commitment to the member that it is my intention to listen carefully, to insist that we go to committee and to insist that we have the hearings he is talking about. In the past, I have made it a point to ensure that all the points that need to be made get made, and then we, as a government, deliberate as to which of the points that are made are worthy of amendment. I make that commitment to him again.

The other point I wish to make—I said this before, and pointed directly at the minister and said he was not a pediatric pathology expert. There are very few people in this room who have the expertise that is required to analyze what is going on in those unfortunate deaths. When we revert to the clause the member is having concerns about, I ask us to remember—and I ask this with respect—why specifically do we need to have the minister's fingers in this very, very specific science when it comes to doing a review of whether or not an inquest should be held? I offer him that question, and maybe he can help me with that.

The Acting Speaker (Mr. Ted Arnott): There's time for one last question or comment.

I'll return to the member for Trinity—Spadina, who has two minutes to reply.

Mr. Rosario Marchese: I thank the friends who have spoken in response to what I said.

For me, having the power by the government to be able to call an inquest is a power I would not want to give away. There are often different reasons why we may need that power. Even though we rarely use it, I think it's a power that exists for the purposes of seeking justice. Yes, coroners do that on a regular basis; that is their job. And yes, they are the experts; that is true. There are times when a government needs to intervene. We don't do it for the purpose of just having fun. These are serious issues.

When you call an inquest, you call an inquest in order to be able to get to the bottom of the problem—to allow ordinary people who have been affected in a very serious way to respond—and to be able to make recommendations as a way of preventing future deaths from happening wherever they happen, whether they are in a workplace, or a hospital or wherever it is that they happen.

It is a power that we do not ever want to abuse, but it is a power that we should have in order to be able to say to people, "This is something that governments take seriously. This is something that governments want the power to use in the event that we deem it necessary to do so as a way of making sure that the prevention happens. It's not something that should be used as a regular tool, but it should be there for the purpose of using it when necessary but not necessarily in every circumstance. I'm not sure whether or not we can deal with those differences, but I hope we can.

The Acting Speaker (Mr. Ted Arnott): Further debate?

Mr. Bartolucci has moved second reading of Bill 115. Is it the pleasure of the House the motion carry? Carried.

Second reading agreed to.

The Acting Speaker (Mr. Ted Arnott): Shall the bill be ordered for third reading? I recognize the Minister of Tourism.

Hon. Monique M. Smith: I would ask that the bill be referred to the Standing Committee on Justice Policy.

The Acting Speaker (Mr. Ted Arnott): So ordered. Orders of the day?

Hon. Monique M. Smith: We have no further business this morning.

The Acting Speaker (Mr. Ted Arnott): I therefore indicate to the House that we stand in recess until 10:30 this morning.

The House recessed from 0922 to 1030.

INTRODUCTION OF VISITORS

Ms. Andrea Horwath: I would like to introduce some guests today who are relatives of Bradyn Litster, our page from Hamilton. His grandmother Irene Noack and his mother, Monika Litster, are here, and I'd would like to welcome them on behalf of the Legislature.

Mr. Joe Dickson: I have two welcoming items. The first is to one of our Ajax-Pickering youth Parliament members Kurtis McAleer, who is in the west gallery. We welcome him back again.

Also, I would like to introduce a school class which is, as we speak, on their way. It took me three hours to come in on the 401 this morning, and they're pretty close to the area where I live. Those are the grade 5 students from Valley Farm Public School in Pickering. Many thanks to their organizer, Debbie Kravis, and everyone who is joining us from the school today. We expect them momentarily.

Mr. Bruce Crozier: I want to introduce some guests who don't happen to be with us, but are in the Legislative Building today, and they are the members of the Ontario Greenhouse Alliance. I remind all members that there will be beautiful poinsettias in the Leg dining room. Be sure to visit our friends from TOGA.

Mr. Michael Prue: I would like to introduce some guests who will be joining us shortly in the west members' gallery. I'd like to introduce Leonard Nieberg and his wife, Cynthia, and Petra Moore and her husband, Rick. They're here to observe the Legislature.

Ms. Cheri DiNovo: There's a spouse in the House, and it's mine. I just want to introduce my husband, Gil Gaspar.

The Speaker (Hon. Steve Peters): I'd like to take this opportunity on behalf of page Sarah Danchuk to welcome her grandmother Helen Danchuk and her grandfather Peter Danchuk joining us here in the Legislature today.

Also I would like to welcome some guests of mine in the Speaker's gallery, some constituency staff and some friends: Kathie Cunningham, Craig Bradford, Kim Davis, Veronika Sonier, Alisa Leitch, Lucy Gouveia, Kyle Gouveia, Don Kilpatrick and Andrew Kilpatrick. Welcome to Queen's Park.

ORAL QUESTIONS

TOBACCO CONTROL

Mr. Robert W. Runciman: My question is to the Premier and deals with yesterday's report from the Auditor General and with an issue that the official opposition has raised many times over the past few years, to no avail, and that's your government's failure to deal with the issue of contraband cigarettes. The Auditor General points out that by adopting your look-the-other-way justice system and ignoring this problem, you are costing half a billion dollars a year in lost taxes to the province.

Premier, why should law-abiding Ontarians have to put up with the cuts you've announced to family health teams and nurses just because, as the Auditor General said, you lack the will to collect the taxes you're owed?

Hon. Dalton McGuinty: I want to begin by thanking the Auditor General for the work he has done once again. Sometimes in government we remain so focused at the 30,000-foot level that we don't have a good understanding of what's happening on the front lines, and we rely on folks like the Auditor General, the Ombudsman and other people to shine a light into those places and make sure we are in fact getting value for money.

On the matter of tobacco taxes, we have made some progress; I think it's important to acknowledge that. But there's obviously still more work to be done. In particular, we have doubled our convictions since last year, we've increased enforcement measures five times since 2003 and we've increased tobacco seizures by 365%. That's year over year, so we are making progress.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Robert W. Runciman: As I said, we've been raising this issue for a number of years. He talks about enforcement. I've talked to a small business operator in my riding, a convenience store operator, who has been inspected a dozen times and audited by your inspectors, while we have illegal operations on government-owned land, which you completely ignore. You're hassling these honest, law-abiding small businessmen having a very difficult time in this difficult economy, yet you're turning a blind eye to other illegal operations.

You're costing Ontario taxpayers $500 million, while you're laying off nurses, cutting back on family health teams—a host of programs that are important to everyday hard-working, law-abiding Ontarians. Why will you not take effective action to deal with this problem?

Hon. Dalton McGuinty: To the Minister of Community Safety and Correctional Services.

Hon. Rick Bartolucci: I thank the member for the supplemental. I think he does a disservice to police services across the country when he ignores the fact that police services are working co-operatively on an hourly basis—in fact, on a minute-by-minute basis—and they're having incredible success. Sure, there's more work to do and we will continue to do our part, the OPP will continue to do their part and we will work together on this problem to ensure that we eliminate as much contraband tobacco as is possible. But for him to say that nothing's happening is a disservice to the OPP, the RCMP and the IBET, and he should be ashamed of himself.

The Speaker (Hon. Steve Peters): Final supplementary.

Mr. Robert W. Runciman: It's regrettable this minister stood in the House today and bad-mouthed the Auditor General of this province. That's effectively what he did. We're referencing the report and the concern expressed by the Auditor General of this province. He's the one saying that you lack the will—you and your government, your colleagues—to enforce the law in this province. It's your look-the-other-way justice system when it comes to dealing with these illegal operations.

I'm asking you a very specific question: What are you going to do about this? Why don't you enact and enforce the laws? This is not a slight on police. The Auditor General is saying you're costing Ontario taxpayers $500 million, while you're slashing, cutting and freezing important programs that serve all Ontarians. Why will you not enforce the law?

Hon. Rick Bartolucci: For the interim leader to say that the OPP, the RCMP and the IBET are not enforcing the law is a gross overstatement. They are being very, very successful. October 30: 500,000 cigarettes seized; November 1: 257,000 cigarettes seized; November 26: 50 cartons of cigars, 2,332 cartons of fine-cut tobacco. There is more work to do. We appreciate the Auditor General's report and the recommendations, but don't ever let it be said that the OPP is not doing their job. They are doing their job very, very effectively. They will continue to work with their policing partners and we will be successful on this.

CORRECTIONAL FACILITY

EMPLOYEES

Mr. Robert W. Runciman: Back to the Premier. The people of this province are not the dupes you think they are and the police know that the person not doing his job is that minister.

Premier, again, back to the Auditor General's report in speaking to incompetence and mismanagement, which seem to be the order of the day with respect to his commentary. Particularly glaring, I believe, is the blatant abuse of sick leave among jail guards, taking an average of 32 days of sick leave a year. That's an increase of 63% since 2001, costing Ontarians $20 million a year. Premier, how could you have allowed this to happen? Is your minister AWOL on this file as well?

Hon. Dalton McGuinty: I want to thank the auditor as well for this particular advice. Obviously, that rate of sick leave is unacceptable. There is obviously a serious problem associated with this. I've asked the minister to take a careful look at this, but I want to say to Ontario taxpayers that this is an unacceptable rate of absenteeism and sick leave. We're not prepared to accept it. We will do the necessary work to find out more precisely what is causing it and we'll do everything that we can to address it.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Robert W. Runciman: Well, last time I checked, this government had been in office for over five years. I will admit this has been a consistent problem in the system, but it has doubled on your watch. That's how significant this problem has become. The Auditor General pointed to one corrections facility that was privately operated until your ideological closure. When the government took over operation of that jail, privately operated, absenteeism jumped by 55% in one year. Talk about incompetence and mismanagement.

Premier, I ask you again, why should Ontarians have any faith in terms of your government knowing how to manage their tax dollars efficiently? What specific steps are you taking? Let's hear some specific steps today, not these generalities. How are you dealing with this problem?

Hon. Dalton McGuinty: The Minister of Community Safety and Correctional Services can speak to that.

Hon. Rick Bartolucci: I thank the member again for the supplemental question. We have implemented a program to track absenteeism in our correctional facilities. We will continue to do that tracking. We will continue to work in a very, very proactive way with our partners in correction, the union and all levels in the correctional services part of our ministry, to ensure that we reduce that number, because, as the Premier said, that number is too high. It's not acceptable to me; it's not acceptable to this government; it's not acceptable to the opposition. And do you know what? It's not acceptable to the correctional services officers also.

The Speaker (Hon. Steve Peters): Final supplementary.

Mr. Robert W. Runciman: What an enlightening response: "It's not acceptable." The minister, I think, has been in his job for over a year now. I have to suspect—he seemed to be completely caught off guard yesterday when he was asked about this, which has to be surprising, shocking and alarming with respect to this problem.

This problem has grown under his government's watch, dramatically grown. We're looking at this province being in a recession, hundreds of thousands of people losing their jobs, and you have government employees taking over a month off—paid leave, effectively. Over a year on the job, five years plus that this government has been in office, and you don't have anything but generalities, again saying, "We're concerned. We're concerned. We're concerned." Well, Ontario taxpayers, hard-working, honest Ontarians, want action, not words like "Concerned, concerned." When are you going to do something? Let us know what the specifics are.

Hon. Rick Bartolucci: Well, let me speak a little bit more slowly, then. We have implemented a program to track absenteeism in our correctional institutions. I think that's very proactive. We will continue to work with our partners in correctional services to diminish that number. I think that is proactive. And we will continue to be very proactive with all our partners to ensure that that number comes down. We've all agreed that that number is too high, and we're going to work together to ensure that the number comes down.

HOSPITAL FUNDING

Mr. Howard Hampton: My question is for the Premier. The Auditor General says that the McGuinty government could have built a 716-bed public not-for-profit hospital in Brampton for $380 million. Instead, the McGuinty government chose to build a 479-bed profit-driven corporate consortium hospital that cost $614 million.

Given the Auditor General's finding that when the McGuinty government put a profit-driven corporate consortium in charge of the Brampton Hospital, the costs skyrocketed, will the Premier order an audit by the Auditor General of the Sarnia and North Bay hospital projects, where similar profit-driven corporate consortia are all involved?

Hon. Dalton McGuinty: Of course it's up to the auditor to decide what he'd like to take a look at and we welcome his oversight in any area that he deems to be appropriate. With respect to this particular hospital, my honourable colleague knows that there was an agreement which had been entered into by the previous Conservative government.

Hon. David Caplan: As the auditor pointed out.

Hon. Dalton McGuinty: As the auditor pointed out. We made what changes we could to that agreement. The good news is that the people of Brampton now have a brand new public hospital. It will grow to 608 beds. The other good news is that we have introduced some real, solid changes recognized by the auditor with respect to how we deal with these kinds of construction projects on an ongoing basis. In particular, we now have a value-for-money assessment that must be done before any decision is made regarding finances.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Howard Hampton: The Premier knows it was in fact his government that continued to okay the profit-driven corporate consortia Brampton hospital, which skyrocketed the cost of the hospital and provided fewer beds. The Auditor General gives three reasons why these profit-driven corporate consortia hospitals cost more. First, the corporation has to pay more for borrowing than the province pays. Second, the benefit of your so-called risk transfer concept is seriously overstated. Three, the private sector profit-driven consultants who get involved charge a lot of money.

The Premier can talk about how this is a good deal. The fact of the matter is, the Auditor General found it's a very bad deal.

The question is, is the Premier going to continue to follow the Conservatives or is the Premier going to order an audit of the North Bay and Sarnia hospital projects where profit—

The Speaker (Hon. Steve Peters): Thank you. Premier?

Hon. Dalton McGuinty: Again, we've made changes. We're following our own particular process and I think one of the most important defining characteristics of our process, unlike the previous Conservative government process, is that there has to be a value-for-money assessment done. That means if we're going to build a new courthouse or a new hospital, we have to go through the numbers and make a real assessment as to whether it's going to be less expensive under the traditional financing method, where the government borrows the money, or whether it's less expensive under our AFP model. We are open to this.

In some cases we're building hospitals under this AFP method, where we borrow private money, or we do it under the traditional methods; it depends on the outcome. We're always trying to get the best possible value for Ontario taxpayers.

The Speaker (Hon. Steve Peters): Final supplementary.

Mr. Howard Hampton: The Premier says that a profit-driven private consortium hospital in Brampton that costs $250 million more and delivers fewer beds is a good deal. It's not just the Auditor General; the mayor of Sarnia knows that the hospital redevelopment there, if it were done on a public, not-for-profit basis, would cost about $120 million. The latest figures from the McGuinty government, using the profit-driven model, put it at over $300 million. We were told that the North Bay hospital, done on a public, not-for-profit basis, would cost about $400 million.

We're now told that the profit-driven model is headed for $1 billion plus. How much evidence does the Premier need before he orders an audit of these profit-driven Bay Street consortium hospitals that are costing far more money than an ordinary public, not-for-profit hospital would cost?

Hon. Dalton McGuinty: I'm not sure of the source of the numbers that my honourable colleague is introducing here today. I haven't heard them before.

I can say that we're committed to doing two very important things for Ontarians when it comes to health care. First of all, it is to make sure they have the best possible care in every community. Secondly, we are committed to building new hospitals where that's appropriate to do so. We want to do that using the least public money possible.

Again, these assessments that we make, by the way, are available online for people to examine themselves. We make a determination as to whether it better serves the public interest that we go with the traditional financing method or whether we use this new AFP model. But in every case, I want to assure Ontarians that the hospitals are publicly owned and publicly controlled.

The Speaker (Hon. Steve Peters): New question. The leader of the third party.

JUSTICE SYSTEM

Mr. Howard Hampton: To the Premier again, I think the Auditor General's report speaks for itself: public hospital, $380 million, profit-driven corporate hospital, $614 million. Only Dalton McGuinty would say that's a good deal.

I want to ask the Premier about some other serious problems. The Auditor General reports that over the last five years under the McGuinty government, the number of criminal charges pending in our courts grew by 17% to more than 275,000. At the same time, the number of charges pending for more than eight months increased 16%.

Do you know what this means, Premier? It means the McGuinty government is setting up Ontario for another Askov decision, where thousands of criminal charges get thrown out of the courts. What have you been doing with our court system that you would allow such a scandalous situation to take place?

Hon. Dalton McGuinty: To the Attorney General.

Hon. Christopher Bentley: I agree with the auditor when he says that faster criminal justice means better public security. I agree with the auditor when he suggests that faster criminal justice is more effective criminal justice.

I spoke to the issue of the unproductive adjournments and their great increase last March. In June, we launched Justice on Target, which for the first time ever has set a public target of reducing unproductive adjournments and the time to dispose of criminal cases by 30% over four years. We're already in the first three action sites: London, Newmarket, and North York. We're going to reduce the target and free up resources for better public security and better, more effective criminal justice.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Howard Hampton: The McGuinty government wants to pretend there is no problem here. I want to remind the Premier and the Attorney General of something that just happened a few months ago, where many members of the so-called Toronto Police Service drug squad had literally dozens of criminal charges against them for thievery, assault and extortion. It was called the largest case of police corruption in the history of Canada. Do you know what happened? The charges were thrown out of court. Why? Because of unreasonable delay.

These are some of the charges that are being thrown out of our courts now, because the McGuinty government talks a good line about criminal justice and meanwhile the number of criminal charges that aren't being dealt with grows every day. Again, how can the McGuinty government, after five years, allow such a scandalous situation to happen in our criminal courts?

Hon. Christopher Bentley: Far from the suggestion being made by the leader of the third party, and having worked in the system for almost 25 years, I know this issue has been with us for a long time. After the 50,000 to 80,000 charges disappeared under Askov—the honourable member was in charge—we saw appearances—

Interjections.

Hon. Christopher Bentley: No, no—we saw appearances and time to disposition increase for 15 years steadily. That's why we brought in the Justice on Target strategy. We brought it in to reduce the number of unnecessary appearances, which by the fourth year will mean there are half a million fewer unnecessary adjournments every year. That means police not waiting in court, crowns not dealing with cases that don't need to be dealt with, courts not just adjourning cases—more effective justice for all Ontarians.

The Speaker (Hon. Steve Peters): Final supplementary.

Mr. Howard Hampton: I find some irony here that a member of the McGuinty government would refer to the Askov decision. I want to remind you what happened. Under the last Liberal government of David Peterson, between 1985 and 1990, thousands of criminal charges were allowed to sit in the criminal court system until the Supreme Court of Canada threw them out in 1990. So saying that this is somehow acceptable is not acceptable—not acceptable for anyone.

Over the last five years, the McGuinty government has allowed this situation to grow again. You say there's no problem. I think there's a problem when the largest police corruption case in the history of Canada is thrown out under the McGuinty government because of unreasonable delay. I think there's a problem when thievery and corruption by the police is thrown out.

Again, what is the McGuinty government going to do, other than try to blame someone else?

Hon. Christopher Bentley: I would simply say that the matter he refers to is under appeal, and the trial hasn't actually occurred yet, so the conclusions might be a little off base from a former Attorney General.

I'd simply say that nothing I suggested, nothing I've said and nothing we've done in the past year suggests anything other than a determination to reform our justice system to make it faster and more effective. We're already under way with Justice on Target. The Code-LeSage report—former Chief Justice LeSage and Michael Code—gave us excellent advice with respect to the most complex cases, and we're already implementing its major recommendations. I don't suggest for a moment that any particular leader in this House is responsible for the increase in court backlogs, but it has been an issue for decades and now we're finally addressing it.

TORONTO CATHOLIC DISTRICT

SCHOOL BOARD

Mr. Frank Klees: My question is to the Minister of Education. In June this year, the minister advised the Toronto Catholic District School Board that she was taking over control of that board to take over the administration of the affairs of that board. One would assume that that would include paying of bills for work that has been done for that school board.

I'd like the minister to explain why a company in this province, CEC Mechanical Ltd., is being forced to go to court to collect on $485,000 worth of work that they did for the board. Through repeated letters, there was an admittance that the money is owed. To date, after months of procedure, they are still waiting for the money. Will the minister explain why the incompetency that she was intending to replace continues at that board?

Hon. Kathleen O. Wynne: Indeed, there is a provincial supervisor in the Toronto Catholic District School Board. I do not have the information that the member opposite is seeking. I certainly can get that information for him, but I have to say that the running of the Toronto Catholic District School Board by Mr. Norbert Hartmann has vastly improved over the last few months to what it was previously. We have new expense guidelines for trustees; there are new governance processes in place. There is a much tighter ship at the Toronto Catholic board.

I will certainly get the information on this particular case, and I'd be happy to do that.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Frank Klees: I appreciate that undertaking by the minister. Here's what David Beswick of CEC Mechanical Ltd. said: "We have never seen action of this nature by a provincially funded body in 23 years of business, with completion of in excess of 450 projects of this nature."

I welcome the minister's intervention in this at a time when businesses across this province are finding it difficult, given the economic challenges, to keep their doors open. This board and this government should pay their bill. What business can possibly sustain the non-payment of $450,000?

I would ask that the minister look into it immediately. I'll be pleased to provide her with the documents and ask her whether she would be willing to speak to the president of this company to get some background and detail on the matter.

Hon. Kathleen O. Wynne: I've already undertaken to look into this situation, but I want to make a broader point about the way we do business in this House. I just want to be clear that I do everything I can to be accessible to my constituents and to the members opposite.

I do not have any correspondence on this issue from the member opposite, and I would have been happy before the House—not that I need to be prepared for questions; I can answer the questions on the fly. But it would be reasonable for the member opposite to let me know, and I would be happy then to have an answer for him either in question period or after question period.

TECHNICAL STANDARDS AND

SAFETY AUTHORITY

Ms. Andrea Horwath: My question is to the Minister of Small Business and Consumer Services. The Auditor General has been noting concern about the way the Technical Standards and Safety Authority has been overseen since 2003, five years prior to the explosion at Sunrise Propane. Yesterday, the Auditor General again flagged the TSSA's self-regulation as a huge problem in this province. Why won't this minister admit that the TSSA has failed and have the ministry take direct responsibility for oversight and enforcement of Ontario's safety standards?

Hon. Harinder S. Takhar: I am very pleased to answer this question. In 2003, the Auditor General made about four recommendations, and all those recommendations in fact have been implemented. These recommendations were establishing the administrative agreements, and these have been established with five organizations already. Then there was a recommendation that we should have more appointees from different groups and independent directors at these organizations. We are doing that. In fact, for the TSSA, we used to appoint about 24% of the directors, and I have already instructed them that we will be appointing 46% of the directors. So we are moving ahead with all those.

In addition to that, everybody is aware in this House that I asked the specialists to give me some recommendations and I will be more than pleased to—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Ms. Andrea Horwath: I don't believe that doubling the number of directors is going to make one hill of beans of difference in terms of the safety of Ontarians.

The Communications, Energy and Paperworkers Union, whose members have work that falls under the auspices of TSSA oversight, are actually supporting a call for the TSSA to be taken over, to become directly the responsibility of this minister. They don't trust the TSSA to get the safety job done in this province. I don't think that Ontarians trust them, either.

Two people died on that devastating day in August. That explosion, as everyone knows, could have been significantly worse.

Why won't the minister admit that the TSSA has failed, and have the ministry take direct responsibility for oversight and enforcement of Ontario safety standards, as CEP is calling for and as the NDP is calling for?

Hon. Harinder S. Takhar: It's one thing to ask questions in the House. The other thing is actually to do and take some concrete actions. I'm not sure the member has even gone and seen where the incident took place. I was there, the Premier was there, and we have seen it.

In addition to that, we appointed two experts right away in August. We asked them to make recommendations, which were delivered to us in November, and 30 out of the 40 recommendations have already been acted upon. And the other one, we are working on. I have written to the federal government, and if there are legislative changes required, we will make those legislative changes.

Safety is important to us, and we will make sure that the TSSA and all other organizations make sure that all Ontarians are safe.

LINCOLN M. ALEXANDER AWARD

Mr. Jeff Leal: My question this morning is to the Minister of Citizenship and Immigration. The Honourable Lincoln M. Alexander is one of Ontario's most well-thought-of Lieutenant Governors. His story is one of firsts and barriers broken. After distinguishing himself in the Royal Canadian Air Force during the Second World War, Mr. Alexander attended Osgoode Hall Law School and then became Canada's first black member of Parliament and ultimately a cabinet minister. Upon his appointment as Lieutenant Governor of Ontario, Mr. Alexander used his time in office to bring a great deal of attention to the issues of race and equality.

I think that you will agree it is fitting that the Lincoln M. Alexander Award is presented annually in his honour. Minister, could you please share with the members of the Legislature some details about this very important and distinguished award?

Hon. Michael Chan: My thanks to the honourable member. Tomorrow I will have the honour of joining the Lieutenant Governor, the Honourable David C. Onley, at the presentation ceremony for the Lincoln M. Alexander Award.

The award is presented annually on or around December 10, the anniversary of the signing of the United Nations Universal Declaration of Human Rights. Now in its 15th year, this award recognizes youth who have demonstrated leadership and made significant contributions toward elimination of racial discrimination in their community and around the province.

The award is presented each year. Two student awards are given to senior secondary school students, and a single community award is also presented to a youth between 16 and 25 years of age.

I look forward to honouring these outstanding students tomorrow.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Jeff Leal: Thank you, Minister. Lincoln Alexander has frequently said, "An individual can be instrumental in changing society." I know that I and many members of this Legislature also know that to be absolutely true.

Minister, I am hoping that you can share with our colleagues some information about the recipients of the Lincoln M. Alexander Award and how they are instrumental in changing society.

I am also very proud to share that one recipient, Ms. Muna Ali, is a resident of the great riding of Peterborough.

Hon. Michael Chan: My thanks to the member for Peterborough for helping to highlight these important awards.

All members of this Legislature agree that race must never be a barrier to success in Ontario. Ms. Muna Ali of Peterborough, Ms. Chris-Ann Manning of Ajax and Mr. Femi Doyle-Marshall of Scarborough not only believe this maxim, they live it. They are not only leaders in the fight to eliminate racial discrimination, but leaders in their respective communities.

To highlight but one example, Ms. Muna Ali of Peterborough has been active in many communities, including the Community Race Relations Committee of Peterborough, the Kawartha World Issues Centre and the Ontario Public Interest Research Group.

The McGuinty government understands that racism must not be tolerated in any form. All members of this Legislature can learn from the examples set by—

The Speaker (Hon. Steve Peters): Thank you. New question.

JUSTICE SYSTEM

Mrs. Christine Elliott: My question is for the Premier. The Auditor General's report has revealed serious problems with our criminal justice system. Despite an investment of almost $100 million, the Auditor General said the backlog of criminal cases in our court system has risen by 16%, now sitting at its highest level in 15 years. And what has your government done about it? It has thrown piles of money at the system without even knowing what the problem is. Why is that? Because you don't track criminal cases and have no idea how many are being thrown out because of delay.

Premier, how can you possibly fix the system without even knowing what the problem is?

Hon. Dalton McGuinty: To the Attorney General.

Hon. Christopher Bentley: I think that my friend makes a good point. Over the past five years, we've invested in more judges, more justices of the peace, more crowns, more police; we have more courts and more courthouses. But what we've seen is that the number of adjournments has actually increased dramatically, as it has for the past 15 years.

The justice-on-target strategy is all about reducing those unproductive appearances, those adjournments, so that every participant in the justice system can get on with what everybody considers more important: the resolution of cases by way of plea, by way of trial, freeing up courtrooms, freeing up courthouses, police not sitting in the courts waiting for adjournments; they're out on the street where we would rather they be, investigating or preventing crimes. That's the purpose of the justice-on-target strategy: to make the courts more effective, not just more of them.

The Speaker (Hon. Steve Peters): Supplementary?

Mrs. Christine Elliott: Again to the Premier, with respect to the comments made by the Attorney General, the issue of adjournments is only one part of the criminal justice system. In 2006, we asked your government to support our bill, which would require certain statistics to be kept with respect to the criminal justice system that would assist in knowing exactly where all of the problems are, not just one. Yesterday, the Auditor General told you exactly what we told you several years ago.

Premier, are you prepared to make truth and transparency in the justice system the law in Ontario by agreeing to provide and maintain the basic statistics that we asked for pursuant to our bill several years ago?

Hon. Christopher Bentley: For the first time in the history of this province, if you go on the website www.justiceontargetontario you can find all the stats from every Ontario Court of Justice in every part of this province. It's never happened before. It doesn't get more transparent than that. What they'll show you is that of the average nine appearances that every criminal case takes now, six are adjournments. We do a lot of adjournments every year; justice on target gets people to stop adjourning cases, get to the decision point faster.

It frees up the police to be back out on the street, the crowns to be dealing with the cases. Faster justice means better public safety and security. Faster justice is more effective justice. That's what justice on target is all about. We'll keep my friend apprised, as all Ontarians, through the website.

MANUFACTURING JOBS

Mr. Paul Miller: My question is to the Premier. The manufacturing job crisis in Ontario worsens each day. The province has lost 5% of its manufacturing jobs in just one month, including companies usually immune to economic ups and downs. In London, 3M recently laid off 120 workers and has announced the likelihood of hundreds more. The McGuinty response was to tell people to go shopping, and then take a two-month holiday.

Is this the kind of leadership hard-working Ontarians deserve at this most difficult and anxious time?

Hon. Dalton McGuinty: I know that if my friend had the opportunity to reflect for a moment, he would not put his question that way. I know that every member of this House is concerned by the global economic crisis and the impact that it's having on Ontario. The single largest issue we face with respect to our manufacturing sector is the drying up of American demand. The overwhelming majority of our products are sent to the US, and since consumer demand there is so low, it's having a direct impact on us.

What we are doing is finding ways to help workers who lose their jobs. We have a retraining program in place. We have, I think, over $1.5 billion in funds available to help strengthen our manufacturers so that if they're prepared to make additional investments and take additional risks, we're prepared to support them in that regard. But I think it's just straight unfair to say that we're not bringing something to the table when it comes to helping our workers.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Paul Miller: Premier, I don't know if this is the best time to shut down for two months. The government talks as though it was taking significant action, but it has no bold plan to protect urgently at-risk manufacturing jobs. It has minimal investment in public infrastructure, no plan to spark investments in green jobs, and it has no social investment plan to create jobs through affordable housing, child care and income assistance. Is the McGuinty government going on a holiday to run from its lack of action or because it simply doesn't have the answers that the people of Ontario need?

Hon. Dalton McGuinty: One of the important national—and even continental—debates has to do with the best way to stimulate the economy. I think there's certainly a growing consensus that one of the very best ways to do that is to invest in infrastructure.

In this very year, this fiscal year 2007-08, our government is investing $9.9 billion in infrastructure. In the transportation sector, it's $4.1 billion; in health, it's $925 million; education, $1.8 billion; the environment, $390 million; municipal, $1.8 billion; justice, $250 million; and in other areas combined it's $720 million, for a total of $9.9 billion. On a per capita basis, I'm not aware of any other jurisdiction in North America that's putting that much money into their infrastructure. It's good for our economy and it's good for jobs.

ARTS AND CULTURAL FUNDING

Mr. Kevin Daniel Flynn: Today I've got a question for the Minister of Culture. In the last few months, there's been much discussion about the importance of culture as an economic driver, especially since Ontario's cultural industries contribute almost $20 billion to our gross domestic product and create over a quarter of a million jobs. Now more than ever, it's important that the government invest in innovative ways to help to grow our economy, and by investing in industries that help our economy now, we strengthen our economy over the long term.

Would the minister tell this House just what the government is doing to strengthen Ontario's cultural industries so we can generate economic growth here in the province and remain competitive overseas?

Hon. M. Aileen Carroll: Over the last decade, Ontario's creative industries have grown faster than the rest of the economy. In the next 20 years, job growth in these industries is expected to surpass most of Ontario's employment sectors. Ontario's cultural industries are a vital contributor to our economic growth and prosperity, and that's why the government's $3.3-million investment in the entertainment and creative cluster partnership has been so successful.

This investment supports 16 innovative projects and involves 80 collaborative partners, and this investment is part of this McGuinty government's five-point economic plan to invest in skills and knowledge, innovation and strength in partnerships. By investing in these cultural industries, we're creating more opportunities for that industry, here and abroad.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Kevin Daniel Flynn: As you know, my riding of Oakville is home to Sheridan College. It's a nationally and internationally renowned training institution, famous for its animation and digital media programs. Through innovative partnerships with the public and private sectors, Sheridan is leading the way with its cutting-edge research while providing students with tremendous learning opportunities.

I understand that the fund which the minister speaks of assists Ontario's creative industries by promoting collaboration between commercial theatre, music, book and magazine publishing, film, television and the media industries. The innovative research at Sheridan College seems to be consistent with the purpose of the entertainment and creative cluster partnerships fund.

Can the minister explain how Sheridan College's research and expertise qualifies for a grant through this fund?

Hon. M. Aileen Carroll: I am very happy to advise my colleague from Oakville that Sheridan College indeed recently received a project grant from our government's entertainment and creative cluster partnerships fund. Sheridan College, in connection with DGC Ontario, FilmOntario and Filmport, received a $300,000 grant to launch the creative previsualization unit. This unit, just so all of you will know better what is meant by that, will establish a facility for previsualization research and training for film and television and other screen-based media in Ontario.

It combines the latest technologies, including 3D modelling and motion capture systems, as well as technologies for rapid modelling. This project is one that will promote collaboration and new approaches, and it will again help us—

The Speaker (Hon. Steve Peters): Thank you. New question.

RURAL ONTARIO

Mr. John Yakabuski: My question is for the Premier. Premier, under your government, Ontario lost 66,000 jobs last month. Since your election, hundreds of thousands of jobs have disappeared in Ontario.

Many of those have been in my riding of Renfrew—Nipissing—Pembroke: Smurfit-MBI, 139 jobs; Timminco, which used to employ as many as 500, now closed; ATC Panels, 130 jobs; TeleTech, 329 jobs. In the forestry sector, thousands of jobs have already gone or are threatened.

Your plan is not working, Premier. Will you please bring forth a new plan, or are you just going to continue to ignore the needs of rural Ontarians?

Hon. Dalton McGuinty: We are very appreciative of everything that folks living in rural Ontario do to create for themselves the best quality of life and to contribute to an extraordinary quality of life that we enjoy here in Ontario. I know that they too have been affected by this global economic crisis and they are experiencing some of its impact here in the province of Ontario, as we are in urban Ontario as well.

One of the most important things that we are going to continue to do is to invest in infrastructure. I talked about that $9.9 billion for infrastructure that we're investing in fiscal 2007-08, which is this year. Part of that is $1.8 billion through our municipal partners. While the member is putting his supplementary to me, I'm going to see if I can find in this very lengthy list some of the projects that are specific to his riding.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. John Yakabuski: Premier, infrastructure is important, there's no question about that, but that is not going to save jobs in those industries in Renfrew county that are most threatened. When I talk to people like Dean Felhaber of Hokum lumber, or Bill Hall, who is 78 years old and considering getting out of the forestry business because he cannot survive any longer, they tell me that it has never been worse in 50 years.

You need to come up with a plan, and not your eastern Ontario economic development plan, which has seen one application from Renfrew county because the thresholds are so ridiculous that nobody qualifies. You need to sit down with the industry and find out what is going to work for them. You need to sit down with the forest industry in Renfrew county and find out what is going to work for them, not for you and your bureaucrats. Talk to the people who are affected. This industry is in trouble. It is up to you to come forth with something and come forth soon, before we don't have a forest industry in Renfrew county.

Hon. Dalton McGuinty: I can't help but admire my honourable colleague's passion. I think we all want to do everything that we can to help our constituents in these trying times.

But back to what I referenced a moment ago, I note that, through our infrastructure spending in the city of Pembroke, we're talking $1.325 million. Just by way of example, in the county of Renfrew at this time, we're working on the emergency rehabilitation of the Latchford Bridge. In the town of Renfrew, we're working on the rehabilitation of the Hall Avenue trunk sanitary sewer. Those are just a couple of specific examples that are putting the people to work in the local community.

SERVICES FOR THE

DEVELOPMENTALLY DISABLED

Mr. Michael Prue: My question is for the Minister of Community and Social Services. A group of parents are sitting here in the members' gallery. They are here to tell me and others about their daily struggles and the barriers they face to care for their developmentally disabled adult children. The government promised to support these parents through programs like special services at home, the Passport initiative, and the innovative residential model initiative, but so far, these parents have been left out in the cold, just like so many parents across Ontario. Will this government explain to these parents why it has failed to assist them in their struggle to care for their own adult children?

Hon. Madeleine Meilleur: I thank the member for his question.

I want to say to the parents, thank you for all of the work that you're doing with your children. I know that it's a very difficult task that you have.

This government is here to help these parents and these adult children who have developmental disabilities, yes, through different programs that this government has invested and continues to invest in. As part of the 2008 budget, we are investing $15 million in one-time funding for capital projects to support community agencies and $7 million for the developmental area. So we are providing money to open more beds for these individuals, more group homes, and to the Passport program we're investing money to help—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Michael Prue: This minister claims that the government has made it easy for families in crisis. She rhymes off programs as if they were actually doing something. These parents, like Leonard Neiberg and Petra Moore, who are here today, have been on waiting lists for these programs for years and they can't get to the top. And when they get near the top, the programs are cancelled.

Minister, parents are caring for their developmentally disabled adult children, and they're not getting what they deserve and have been promised over and over by your government. Will the minister please explain to Leonard and Petra why she has so grossly underfunded the services they need to assist them in caring for the disabled kids in their own home?

Hon. Madeleine Meilleur: First of all, let me correct a comment. There has been no program that has been cancelled. On the contrary, in 2005 this government started the Passport program, which was non-existent when this member and this party was in power. This Passport program was developed in 2005, and since 2005, we have invested over $27 million in annualized funding, and we are helping more than 2,000 individuals. This program has been very successful.

We know that there are parents and children out there who are waiting for these services, and this government will continue to invest in these programs—special services at home, the Passport program—and to open new group homes for those who cannot stay at home.

SNOWMOBILING

Mr. Joe Dickson: My question is directed toward the Minister of Tourism.

Ontario is known for its year-round tourism experiences throughout the province and boasts a great deal to see and do, regardless of the season. However, as winter is slightly ahead of the official schedule, I believe that it's important to highlight some of the winter sports and activities our great province is known for. Snowmobiling, for example, is a pastime that is favoured throughout the province, and every year many Ontarians spend time exploring the extensive trail system that this province has to offer.

Most of my family—my wife and I, our children and their families—is involved in the snowmobiling community, acting as volunteers for trail maintenance and snowmobile trail wardens.

Snowmobiling is a great way to see the province for those who love—

The Speaker (Hon. Steve Peters): Thank you. Minister?

Hon. Monique M. Smith: I want to thank the member for Ajax—Pickering. I know he and his family are very involved in the snowmobiling community, and it is a great community in our province.

Snowmobiling is an important part of the Ontario tourism industry, and as many in this House know—although not everyone knows—Ontario is the home of actually the most extensive network of snowmobile trails in the world, with over 40,000 kilometres of trails in all. Snowmobiling helps attract both international and domestic tourists to our province and generates close to $1 billion in economic activity annually.

That is why our government has invested just over $12 million over the last four years through the Ontario Federation of Snowmobile Clubs. This investment has allowed them to do substantial work on the trails and infrastructure, including trail rehabilitation, bridges and culverts, to really improve the product that we have—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Joe Dickson: Again to the Minister of Tourism: The minister has mentioned that the McGuinty government has invested almost $12 million to maintain Ontario's trail network and to promote snowmobiling as a great outdoor tourism destination.

Some 38 years ago, my wife and I introduced our first child, Jimmy, at one year of age, to snowmobiling. He's still today enjoying snowmobiling weekly with all his friends.

It is important to note, when experiencing Ontario's great trail systems, that safety should be top of mind. Can the minister give this House more information about safety that is available to those who are involved in snowmobiling in this great province of Ontario?

Hon. Monique M. Smith: It's beginning to look a lot like Christmas around this place, and I'm very excited to be talking about snowmobiling today, as the district of Nipissing is expecting another 15 or 20 centimetres. I know the county of Renfrew has lots of snow to welcome its snowmobilers as well.

At this time, it's important to encourage our snowmobilers to consider the safety aspects. Our lakes aren't yet frozen; it's time to be careful when we're out on the snowmobile trails. While we have lots of snow up north, we have to remember the safety is most important. The Ontario Federation of Snowmobile Clubs offers a great deal of information on snowmobile safety. They have information around the importance of sober snowmobiling, open-water ice and lake safety, snow blindness, weather conditions, defensive snowmobiling, night riding and how to deal with hypothermia, frostbite and wind chill. I want to thank our partners in the—

The Speaker (Hon. Steve Peters): Thank you.

PUBLIC TRANSPORTATION

Mr. Norman W. Sterling: My question is to the Premier. It's snowing in Ottawa right now, and it's expected to snow tomorrow. With talks already broken off, Ottawa's transit system will be paralyzed by a strike tomorrow, making it extremely difficult for 370,000 people who take OC Transpo daily to get to work. Residents and visitors coming out of pre-Christmas celebrations will be looking for a way home so they don't have to drink and drive but will find no buses available.

In April this year, when the weather was much more hospitable, this Legislature met on Sunday to end a two-day Toronto Transit strike before people returned to work on Monday morning. Your labour minister then told the Legislature, "Most of us cannot afford to be away from work. Many cannot afford the costly alternatives to public transit."

What's good for Toronto is good for Ottawa. Premier, will you put a stop—

Hon. Dalton McGuinty: I'm pleased to take the question. I'm concerned about this issue as it develops in my hometown, and I agree with the great majority of what my honourable colleague said. I certainly would encourage both sides to come together and to stay together and resolve this, particularly at this time of the year.

I must also say that the municipal transit authority in Ottawa is federally regulated since it is interprovincial. If there was going to be some imposed solution, that would have to come from the federal government, but we're more than prepared to lend whatever assistance and support we might. Our mediators, in particular, are eager to participate in this if we are invited to do so.

The Speaker (Hon. Steve Peters): Supplementary?

Ms. Lisa MacLeod: Back to the Premier: This Liberal government responded in less than 24 hours during the TTC strike with an emergency sitting of the Legislature, yet less than 24 hours from now, the ATU is threatening to strike in Ottawa.

Toronto is the financial capital of Canada, but we're strategically as important as the national seat of our Parliament. We are also twice the geographical size. We're—

Interjections.

The Speaker (Hon. Steve Peters): Stop the clock.

Please continue.

Ms. Lisa MacLeod: I appeal, as a suburban rural representative, to you because we are twice the geographical size of the city of Toronto. So I'm going to ask you, will your government commit to ensure there is no interruption of OC Transpo service in the national capital?

Hon. Dalton McGuinty: I think if there is to be an appeal made here today, it would be an appeal made on behalf of all of us to both sides in Ottawa in our public transit system to come together and to find a way through this. There are thousands and thousands of people who rely on our public transit service and who have no alternative. I might also say that from the perspective of a retailer, it is especially important at this time of the year that folks be able to come into the downtown area or to wherever and do their shopping.

Finally, I want to say to my colleague, again, if there is a request for a mediator, we are more than prepared to assist in doing whenever we might. But at the end of the day, any responsibility for an imposed solution has to come from the federal government because this is a federally regulated matter.

FOOD SAFETY

M me France Gélinas: My question is to the Premier. In the past year, Ontarians have experienced a listeriosis outbreak. More locally, in my riding, constituents are concerned about the safety of the milk that we drink. Yesterday, the auditor said the government needed to be more vigilant when its lab tests of meat and milk products detected possible sanitation concerns. With Ontarians increasingly concerned about the safety of our food, why is this government being so lax with meat and dairy producers and processors?

Hon. Dalton McGuinty: To the Minister of Agriculture, Food and Rural Affairs.

Hon. Leona Dombrowsky: I would say that we certainly welcome the recommendations that the Provincial Auditor has provided to us. I would also reiterate, and it was recognized in the report, that our government has made some significant investments with respect to food safety.

With respect to the particular incidents that the member has referred to, I would say that our ministry has already taken action. We have shared that with some of the media that have called us on this, because food safety has been a priority for us. We will continue to consider the recommendations that have been made by the provincial auditor so that we can continue to move the yardstick for food safety in the province of Ontario forward. We have come a great distance and we will continue to work to implement a strong health and safety regulatory system for food in the province.

The Speaker (Hon. Steve Peters): Supplementary?

M me France Gélinas: The auditor said, "A number of abattoirs and free-standing meat processors were found to have major and serious deficiencies," some at the rate of 30%. With dairy producers, licences were renewed before the inspections were even completed. With at least 15 Ontarians dead from the listeriosis outbreaks and residents in my community worried about the safety of the milk that they drink, when will this government act to ensure that all of Ontario's food is safe?

Hon. Leona Dombrowsky: I would say to the honourable member that it has been this government that has acted to implement a regulatory regimen to ensure that our food is safe. While the Food Safety and Quality Act was passed in 2001, it was proclaimed in 2005, and our government has acted to implement those regulations. We have also put forward $25 million to help those free-standing meat processors comply. In fact, one of your colleagues not so many months ago took our government to task for actually applying the new regulatory standard for free-standing meat processors and abattoirs. She called us butchers over here on this side of the House.

We are committed to implementing food safety regulations in the province of Ontario. We will continue to work with the Ontario Independent Meat Processors, with the Dairy Farmers of Ontario. We will pay very close attention to what the Provincial Auditor has highlighted, because—

The Speaker (Hon. Steve Peters): Thank you, Minister.

VISITOR

The Speaker (Hon. Steve Peters): I'd just like to take this opportunity to welcome, in the members' gallery west, Bob Huget, the member from Sarnia in the 35th Parliament. Welcome back to Queen's Park today, Bob.

The time for question period has ended. This House stands recessed until 3 p.m.

The House recessed from 1135 to 1500.

INTRODUCTION OF VISITORS

Mr. Bruce Crozier: Again, I would like to introduce some friends who are visiting us today from the Ontario Greenhouse Alliance. They're here in the members' east gallery. I'm sure we all want to have the opportunity to go downstairs today, thank them for visiting the Legislature and pick up some of those great greenhouse veggies and poinsettias .

The Speaker (Hon. Steve Peters): I'd just like to welcome a couple of guests of mine in the Speaker's gallery, Scott Anderson and Wendy Farmer. Welcome to Queen's Park.

MEMBERS' STATEMENTS

CHILDREN'S MENTAL HEALTH SERVICES

Mrs. Julia Munro: Yesterday's report of the Auditor General pointed to continuing problems with the funding of children's mental health services in Ontario. Until last year, annual ministry funding increases have been minimal or non-existent. The government finally gave a 5% increase last year, but this barely made up for the zero you gave the year before. By giving minimal, across-the-board increases and providing funding for new initiatives without any needs assessments, you are creating inequities in funding. Children in high-growth areas are not getting the help they need.

Children's needs are increasing, and your government is not keeping up. The agencies delivering children's mental health services told the auditor that funding for their services is eroding. This continues to result in reduced services for children needing mental health support, particularly prevention and early intervention programs designed to reach children before their mental health issues are severe. Agencies have told me of these problems many times, and I am sure they have told the minister and the government the same.

We only want to know: When will the Minister of Children and Youth Services start to speak up and demand that the government give these programs for children the funding they need?

SAM BOUJI

Mr. Khalil Ramal: I rise in the House today to pay tribute to Mr. Sam Bouji, the CEO of the Global family of financial companies. Mr. Bouji is a generous contributor to his community, the province and our country.

On November 30, Minister Takhar and I had the pleasure of attending Global's 10th anniversary celebrating that organization's growth and their commitment to communities and the country.

Sam Bouji is well known in many communities for his leadership, charisma and generosity. A large portion of his company's focus is on registered education savings plans that give many students affordable access to post-secondary education. Apart from the numerous donations he has made to community centres, hospitals and non-profit organizations, he was awarded the Queen's Golden Jubilee Medal for his impact on education. Also, the different Global companies contribute to the financial stability of many Canadians. The Global Educational Marketing Corp. is what gives families the ability to plan for their children's education.

Sam Bouji has served our province and the country. For that, I wish him all the luck and all the success for his generosity, because he's always able and willing to give for others. Again, Mr. Speaker, thank you very much for allowing me to do this statement.

TOBACCO CONTROL

Ms. Laurie Scott: Last Thursday, the opposition asked the Minister of Health Promotion what her ministry got in return for nearly 1.1 million taxpayers' dollars to the Liberal-friendly agency of Bensimon Byrne. She quoted some carefully spun statistics about banning smoking, but didn't answer the question. We asked why taxpayers have paid over $14,000 per day for media-buying services—no answer. We've asked if she condones the teachers' union of Ontario and OPSEU pension plans investing over $100 million into the largest tobacco company in the United States—no answer.

Yesterday, we heard the real story from the Auditor General, who tells us that the McGuinty Liberal tobacco policies are reaping wonderful rewards for the underground economy. Taxpayers are on the hook for over $500 million in lost revenue to these illegal, underground tobacco products. The Liberals continue to punish hard-working, legitimate businesses and families, all the while ignoring the illegal smoke trade and allowing illicit products to be sold to Ontario's children, even on government-owned property.

The Minister of Health Promotion won't answer questions, but maybe she and her Liberal colleagues could explain why their lack of will to do the right thing has increased the consumption of untaxed tobacco products to where they've lost nearly 50% of the tobacco market.

Dalton McGuinty chooses to burden Ontario taxpayers with a $500-million deficit instead of having the conviction to enforce the law.

POVERTY

Mr. Michael Prue: This past Friday there was a coalition, a group, that met and had a press conference here at Queen's Park. They were called the Colour of Poverty Campaign. They met the day after the Minister of Children and Youth Services released her report on poverty, and they wanted the Legislature to get the message that everything has not been looked at.

They had some very chilling statistics I would like to read into the record. Part of this is from Child Poverty in the GTA by the Children's Aid Society of Toronto.

"Poverty is racialized, that is, disproportionate to people of colour who are Canadian-born and newcomers. Among broad ethno-racial groups in the Toronto CMA, the 2000 LICO before-tax rates of child poverty were about:

"—one child in 10 in low income among global European groups;

"—one child in five for East Asian groups;

"—one child in four for aboriginal, South Asian, Caribbean, South and Central American groups;

"—one child in three for children of Arab and West Asian groups; and,

"—one child in two for children of African groups."

They were talking very seriously about what the minister had put forward in her program, and they were asking that we start to collect some very real statistics on this, because the face of child poverty is not just the face of the poor and the young children, it is increasingly a face of colour. They want this to be brought before the Legislature and for the Legislature to start taking a very clear look at this.

WINCHESTER DISTRICT

MEMORIAL HOSPITAL

Mr. Jim Brownell: Yesterday, we celebrated an important anniversary in my riding of Stormont—Dundas—South Glengarry. Sixty years ago, the Winchester District Memorial Hospital, one of three hospitals in my riding currently undergoing redevelopment, opened its doors.

This rural hospital in Dundas county has served the communities of Winchester and the surrounding area well since 1948. When the redevelopment is complete early next year, the hospital will be able to accommodate up to 30,000 emergency room patients annually.

I had the opportunity to tour the hospital recently and to see first-hand how the redevelopment project is progressing. I was very impressed with what I saw. As I said at the time, the new facility has a very efficient and effective layout plan, with new diagnostic equipment and improved patient care amenities. The hospital board, management and staff are building new partnerships with the Ottawa Hospital and the University of Ottawa Heart Institute. With this, my riding will soon have access to some of the best health care anywhere in Ontario.

I would like to thank the hospital's CEO, Trudy Reid; her team; the hospital board; and the communities of North Dundas and area for their dedication to this project. As Trudy Reid herself stated, "One of the amazing things here is the relationship we've built with the Ministry of Health."

I am proud to continue working with community partners and this government to foster real change and positive results for the people of Winchester and all of my riding of Stormont—Dundas—South Glengarry.

GOVERNMENT'S RECORD

Mr. John O'Toole: It's a sad day when you have to get up after the auditor's report—it's very thick; probably the largest report I've seen in my 10 or 15 years here. It was a scathing report on the government's inability to manage—and that's really what it said—in several distinct areas, not just the Highway Traffic Act, but certainly delivering special education, as one example. They've increased spending in that area by 52%, yet are only serving 5% more children with special needs. It's tragic.

There are other symptoms on the horizon for which the government really has no plan. When we're looking at an economy with over 250,000 jobs lost in manufacturing in your community and mine and no response from the government except to talk about bills—for instance, today we talked about a bill on the Coroners Act. We're also talking about two bills on the highway transportation act. These simply are not paying attention—they're dodging and weaving around the real issue of the economy and the jobs of Ontario.

We've had thousands of letters from dealers, parts manufacturers, as well as the auto assembly workers in my riding of Durham. It's a tragic time at this time of year that another 700 jobs were lost at General Motors—very sad. Bill 119 is the most recent bill, which passed an $11,000 tax on small business. There simply is no plan, and yet the economy at this time of year—I don't see a single plan from the Premier of this province.

RURAL ECONOMIC DEVELOPMENT

Ms. Leeanna Pendergast: I would like to acknowledge an important announcement that I had the pleasure of making this past Friday in my riding of Kitchener—Conestoga, on behalf of the Premier and the Honourable Leona Dombrowsky. This announcement was a partnership through the rural economic development program and J.T. Bakeries in Kitchener, which received a grant of $492,000 through the Newdle project.

Premier McGuinty has articulated that this government fixed the roof while the sun was shining. This means that support of nearly half a million dollars is possible even in these difficult times.

Mike Farwell, the host of Farwell Live and 570 News talk radio, referred to this as a "good-news announcement." He acknowledged this as a "silver lining in these difficult times," and Mike Farwell is correct. What this grant means to my riding and to J.T. Bakeries is job stability for 200 existing jobs and job stability for 45 rural jobs.

I'd like to congratulate the partners in this project: Ray Franklin and John Zizzo, of J.T. Bakeries; Derek Jamieson, of New-Life Mills; and OMAFRA.

This grant allows us to look ahead into the future, to continue to be innovative, to continue to form partnerships such as co-op education with the high school across the street, and to continue to bring business and economic security to Kitchener—Conestoga and all of Ontario.

LANSDOWNE CHILDREN'S CENTRE

Mr. Dave Levac: On Sunday, December 7, I was able to join the record turnout of more than 480 children and parents who came out to participate in the 10th annual Lansdowne Children's Centre Christmas party in Brantford. Some of the activities included the Notre Dame Elementary School choir performance, cookie decorating, face painting, an obstacle course and crafting beautiful angels. The children were able to pet therapy dogs Haven and Lewis, under the watchful eye of Therapeutic Paws of Canada.

Of course, a special appearance by none other than Santa and Mrs. Claus was the highlight of the day. I got to have a photo taken with the famous Christmas couple.

To many of the children and families who depend on the programs and services of Lansdowne Children's Centre, the whole year's events culminated in this joyous year-end celebration.

The Lansdowne Children's Centre provides a safe, positive working environment for its clients and their parents and is like a second home for many. The staff at Lansdowne are simply fantastic.

It is a unique facility that provides in-house therapeutic services and specialists under one roof for children and youth with physical, communication and developmental needs. Indeed, we are very fortunate to have a facility like this in Brantford.

This event would not have been possible without the support and generosity of the rest of our community, including the Rotary Club of Brantford, Lansdowne staff and board, and their families and many volunteers, including the North Park Collegiate Interact Club.

For their unyielding efforts for the children of Lansdowne, I wish to offer my sincere appreciation and gratitude for all their hard work. Merry Christmas, Lansdowne Children's Centre. God bless.

PEACE BY PEACE

Mr. Mike Colle: I rise in the House on behalf one of my constituents, Ms. Maygan Chapman, who is the York University Glendon campus director of an exceptional organization called Peace by PEACE.

Peace by PEACE is a not-for-profit, student-run organization at the University of Toronto and York University. Understanding the role that upstanding leaders can play in the lives of young people, Peace by PEACE is dedicated to educating kids in grades 4 through 6 about the benefits of conflict resolution.

Through the use of tireless and highly trained volunteers, the organization conducts role-playing scenarios, win-win games and arts and crafts activities that challenge young people to deal with their life conflicts in a fun and peaceful way. Through the initiatives put forward by Peace by PEACE, we can feel secure that our future leaders of tomorrow will be equipped with the skills to deal with their problems in a friendly and efficient manner.

I would like to thank Ms. Chapman and her colleagues for their excellent efforts in promoting better communicators in my riding and in communities across Ontario. I ask that everyone in the House and in the province support this organization by visiting their online website and getting involved with this important initiative called Peace by PEACE.

REPORTS BY COMMITTEES

STANDING COMMITTEE ON

SOCIAL POLICY

Mr. Shafiq Qaadri: I beg leave to present a report from the Standing Committee on Social Policy and move its adoption. I send it to you by way of page Swapnil.

The Deputy Clerk (Mr. Todd Decker): Your committee begs to report the following bill as amended:

Bill 103,

An Act to amend the Child and Family Services Act and to make amendments to other Acts / Projet de loi 103, Loi modifiant la

Loi sur les services à l'enfance et à la famille et apportant des modifications à d'autres lois.

The Speaker (Hon. Steve Peters): Shall the report be received and adopted? Agreed? Agreed.

Report adopted.

The Speaker (Hon. Steve Peters): The bill is therefore ordered for third reading.

INTRODUCTION OF BILLS

PROTECTION OF PUBLIC

PARTICIPATION ACT, 2008 /

LOI DE 2008 SUR LA PROTECTION

DU DROIT À LA PARTICIPATION

AUX AFFAIRES PUBLIQUES

Ms. Horwath moved first reading of the following bill:

Bill 138,

An Act to encourage participation in public debate, and dissuade persons from bringing legal proceedings or claims for an improper purpose / Projet de loi 138, Loi visant à favoriser la participation aux affaires publiques et à empêcher l'introduction d'instances judiciaires ou de demandes dans un but illégitime.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement.

Ms. Andrea Horwath: This bill is in fact what is considered to be anti-SLAPP legislation in other jurisdictions. The bill protects persons from being subjected to legal proceedings that would stifle their ability to speak out on public issues or to promote, in the public interest, action by the public or by any level of government.

Provision is made in the bill for such legal proceedings to be dismissed at an early stage, for defendants subjected to such proceedings to be indemnified for the costs they incur in responding to those proceedings and for the court or tribunal to award additional damages to those defendants in appropriate circumstances. Communication or conduct constituting public participation is expressly designated as an occasion of qualified privilege in relation to all persons who become aware of that communication or conduct.

EMPLOYMENT STANDARDS

AMENDMENT ACT

(TEMPORARY HELP AGENCIES), 2008 /

LOI DE 2008 MODIFIANT LA LOI

SUR LES NORMES D'EMPLOI

(AGENCES DE PLACEMENT TEMPORAIRE)

Mr. Fonseca moved first reading of the following bill:

Bill 139,

An Act to amend the Employment Standards Act, 2000 in relation to temporary help agencies and certain other matters / Projet de loi 139, Loi modifiant la Loi de 2000 sur les normes d'emploi en ce qui concerne les agences de placement temporaire et certaines autres questions.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement?

Hon. Peter Fonseca: I'll make a statement during ministerial statements.

SECURITIES AMENDMENT ACT

(MUTUAL FUNDS), 2008 /

LOI DE 2008 MODIFIANT LA LOI

SUR LES VALEURS MOBILIÈRES

(FONDS MUTUELS)

Mr. Prue moved first reading of the following bill:

Bill 140,

An Act to amend the Securities Act with respect to mutual funds / Projet de loi 140, Loi modifiant la

Loi sur les valeurs mobilières à l'égard des fonds mutuels.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement?

Mr. Michael Prue: This bill amends the Securities Act to require mutual funds to establish and maintain an independent board of directors to oversee the activities of the mutual fund and the mutual fund manager, and to act in the best interests of the mutual fund and its security holders.

The bill also amends the act to require certain mutual fund advertisements to disclose the costs and fees charged by the fund to security holders, and to express the difference between the per cent total return of the fund and of the benchmark.

Hon. Michael Bryant: Speaker, on a point of order: I believe we have an agreement seeking unanimous consent for a 15-minute recess.

The Speaker (Hon. Steve Peters): Agreed? Agreed.

The House recessed from 1520 to 1536.

STATEMENTS BY THE MINISTRY

AND RESPONSES

TEMPORARY EMPLOYMENT AGENCIES

Hon. Peter Fonseca: I'm pleased to introduce legislation that would amend the Employment Standards Act to enhance protections for employees working for temporary help agencies and help create opportunities for more temp employees to move to sustainable employment. I would like to give special thanks to my parliamentary assistant, Vic Dhillon, for his hard work.

A few decades ago, temporary help agencies provided workers for short-term clerical jobs. Today, agencies supply workers in a wide range of occupations, and an employee of an agency might be assigned to a single-client business for several months or even years. The nature of work may have changed, but our labour laws and regulations have lagged behind. Our intent is to ensure that Ontario's employment legislation reflects the realities of today's labour market in a balanced and fair way.

Before I outline the provisions of our proposed legislation, I'd like to inform the members of an amendment to a regulation under the Employment Standards Act. Our amended regulation has removed an exemption from public holiday pay that affected many temporary help agency employees. This will come into effect on January 2, 2009. Temp agency employees will have the same rights to public holiday entitlements as other employees in Ontario. If our proposed legislation passes, we intend to make another regulation on royal assent, this time removing the exemptions around termination and severance that affect many temp agency employees.

I will now outline some of the major elements of our proposed legislation. Many people working for temp agencies face barriers to permanent employment. Our approach would remove some of the barriers they may face, allowing them to seize opportunities if they should arise.

If our proposed legislation passes, temporary help agencies would be prohibited from preventing a client from hiring an agency's assignment employee, charging the client a temporary to permanent fee after six months or more have passed since the employee was first assigned to the client; agencies would also be prohibited from charging assignment employees certain fees, including: a fee for taking permanent employment with a client, a fee for becoming an assignment employee, a fee for assistance in finding work with a client or a fee for assistance in preparing a resumé or preparing for job interviews.

Since agencies are receiving fees from clients, there is no good reason for them to double-dip and also demand a fee from the employee. It's not right and it's not fair. We want to put an end to this practice.

We would also require agencies to provide the employees, in writing, with the agency's name, contact information and information sheet on the employee's rights. They would also be required to provide in writing the client's name and contact information as well as the wages, benefits, hours of work and pay

schedule associated with the assignment and a general description of the work to be performed for the client.

Our proposed legislation would also prohibit clients of agencies from engaging in reprisals against assignment employees for asserting their rights.

Our proposed legislation supports Ontario's poverty reduction strategy, as it is designed to create more opportunities and build a stronger economy. It would put an end to unscrupulous agencies that take advantage of and exploit vulnerable workers.

I believe we have a fair and balanced proposal before the House, and I urge all members to support it.

In closing, I would like to thank all the people who participated in our consultations and whose proposals form the basis of our legislation. Some of them are with us here today: Deena Ladd and her members from the Workers' Action Centre, and Mary Gellatly from Parkdale Community Legal Services, and some of her members. I thank them very much.

The Speaker (Hon. Steve Peters): Statements by the ministry? Responses?

TEMPORARY EMPLOYMENT AGENCIES

Mr. Robert Bailey: I'm rising today on behalf of the official opposition to respond to the Minister of Labour's announcement of a few minutes ago regarding changes to the Employment Standards Act, and also changes to some of the regulations regarding temporary workers.

In general, we are supportive of the government's efforts to offer protection to workers in temporary agencies, and look forward to the debate on this bill. However, we do have concerns about some of the unintended consequences of the government's announcements. First, I would have to wonder why the government would announce changes to the regulations today, December 9, that do not come into effect until January 2. It seems to me that there are going to be many temporary workers who are going to expect to be paid for Christmas and other holidays, and are going to be out of luck.

You can't tell me that the extra week is going to make a difference, and whether temporary agencies are ready to pay for these statutory holidays or not. What I think this is going to do is create a lot of confusion for temporary workers and their employers.

The other question I have is, does the government know how much these changes are going to cost temporary agencies and, in turn, their clients? Has the government done the cost analysis that they should have done before they introduced this bill and these regulatory changes? Or have they simply decided upon a course of action without doing their homework, like with their recent bill on the WSIB, Bill 119?

It's also interesting to point out that the temporary workers hired for this very government were not allowed to apply for permanent jobs. This government itself refused to afford them the rights that they now wish to include in this bill. So I would certainly hope that the government will remove barriers for temporary workers within our own government of Ontario as well as elsewhere.

While we will work with the government on protecting temporary workers, we also think it is important not to demonize the good temporary agencies that are out there. If you look at the increase in the number of temporary workers today, you can see how that has become an option which businesses are now turning to for staffing solutions. I am sure that there are many good temporary agencies out there, and there are also good employers. Yet, the government hasn't mentioned them here today, but instead it lumps all of these businesses in with the bad apples that do exist.

On our side of the House, we hope that the government will listen to industry associations and also work with them on relieving some of their anxiety over these changes announced today. I know that the minister has a reputation of consulting with groups impacted by government decisions, but also has not taken the time to deal with those industry groups that are affected, for example, in Bill 119. However, I hope that he will turn over a new leaf, listen to this industry and try to come to a compromise that can see the industry continue to be successful, and for the betterment of all Ontario workers.

TEMPORARY EMPLOYMENT AGENCIES

Ms. Cheri DiNovo: If there has been progress today made by our friends on the other side, it's certainly due to the incredible work that has been done by Workers' Action Centre—Deena Ladd and Mary Gellatly; and not only Workers' Action Centre but the Ontario Federation of Labour, Toronto and York Region Labour Council, and CLC with their Good Jobs Summit and the thousands of members that were there. Certainly a great deal of work has gone into this. We in the New Democratic Party would have liked to see a quantum leap rather than a baby step. What we see here is a baby step.

In fact, when I used to work in the agency business, back in pre-Harris days, there were no fees allowed to be charged to applicants after six months. Those who were working on a temporary basis for most of the larger agencies were not charged, or the client companies were not charged an extra fee for taking them on permanently. So only with this government would a step backward be a step forward.

What we need, and we need incredible action and we need it soon, is for the almost one in two Ontarians who work in precarious employment, for the 700,000 Ontarians who work through temp agencies. Almost 10% of the workforce works through temp agencies. This is astronomical; this is frightening. Most people work in precarious employment.

So when you look at CUPE 3903, who are on strike at York University, you have people with Ph.Ds. reapplying for their jobs every single year, and this will not help them at all. When you look at janitors who are being forced to take out their own incorporation papers and become client companies de facto and earn under minimum wage—because they really are workers even though they are called contractors—certainly SEIU and Justice for Janitors, this will not help them at all. For all of those who aren't working through temporary agencies, this will not help them at all.

Will it help collect holiday pay? Yes, it will. That's a good thing. Will it stop some of the most egregious offences of temporary agencies? Yes, it will.

But what do we want in the New Democratic Party? What do all socially conscious workers and activists want? We want equal pay for equal work. Tomorrow is the day that we celebrate, around the world, human rights. It is a human right to have equal pay for equal work. This bill does not give workers equal pay for equal work. You could be a temp working in accounts payable sitting right next to somebody who is earning $15 an hour while you're earning $12. This bill will not help that worker. That worker in that accounts payable job will still be paid $3 less than the full-time worker. That university professor working on contract will still make less.

What else do we want? We want pay equity. Women make 71 cents for every dollar that men make in this province, and the equity commission has been calling for absolute funding for what they need so that they can actually enforce the law that is now 20 years old. It's not in force. This baby step will not help with pay equity.

It will not help with the living wage. We do not have a living wage in this province. If you are making minimum wage, you are not able to live above the poverty line. If this government was serious about its anti-poverty measures, the first thing it would do would be to raise the minimum wage to at least $10.25 right now. That's the poverty line.

Of course, there's the question of enforcement. I just received the bill; I haven't yet read the fine print, so we don't know if there is a poison pill in here, but we want to know about enforcement. We want to know if there are going to be adequate fines for breaking this law. Also, we want to see this law enforced.

We in the New Democratic Party want to sit next week, and we want to debate this bill and pass this bill this session. We don't want to wait a month, maybe two, maybe three, to see this bill come to pass. We want to pass it now. If this government was interested in workers' rights, they would want to see it passed now too, and wouldn't prorogue this House without passing it. Instead of taking a two-month vacation when workers don't get one, why don't we come back next week, work hard, pass this bill and see, as the member just said, that these workers get their Christmas pay and these workers get the justice that's due them?

This is certainly an equal playing field for temporary agencies. What we want to see is an equal playing field for all workers—equal pay for equal work—and let's pass this immediately.

Thank you, Workers' Action, for coming out and thank you for all your hard work.

The Speaker (Hon. Steve Peters): Our guests are always welcome to the Legislature. We certainly allow you to observe, but we ask that you not participate.

PETITIONS

LOGGING ROUTE

Mr. Norm Miller: I have a petition to do with logging in the village of Restoule. It reads:

"To the Legislative Assembly of Ontario:

"Whereas the Nipissing forest management plan proposes to use Hawthorne Drive in Restoule, which features a single-lane bridge and narrow and steep sections; and

"Whereas area residents have grave concerns about community safety, traffic speed, truck noise and general wear and tear of Hawthorne Drive and the bridge in the village of Restoule; and

"Whereas the proposed route travels past the Restoule Canadian Legion and two churches; and

"Whereas alternate routes are possible via Odorizzi Road and Block 09-056;

"Therefore we, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That the government of Ontario put the safety and concerns of the people of Restoule ahead of logging interests and ensure an alternate route is selected for the Nipissing forest management plan."

I support this petition.

FOCUS COMMUNITY PROGRAM

Ms. Cheri DiNovo: I'm reading a petition from Focus Community program.

"Whereas the Focus Community program has been effectively working with communities across Ontario for the health of Ontarians by preventing injury and harm in relation to drug and alcohol use since 1991; and

"Whereas the Focus Community program funding cycle ended on March 31, 2008, and the project's extension funding will end on March 31, 2009; and

"Whereas the Focus Community program has been waiting for a decision from the Ministry of Health Promotion about continued funding. Without a decision, the Focus Community program cannot make plans, develop a budget, or make commitments with community partners;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That the Ministry of Health Promotion renew the funding of the Focus Community program for an extended period so that they can continue the good work they have been providing for the past 17 years."

I certainly agree with this and will affix my signature and give it to Zac to deliver.

INTERPROVINCIAL BRIDGE

Mr. Yasir Naqvi: A petition to the Legislative Assembly of Ontario:

"Whereas ROCHE-NCE, a consulting firm hired to study potential sites for an interprovincial crossing between Ottawa and Gatineau, is recommending that an interprovincial bridge across the Ottawa River be built at Kettle Island, connecting to the scenic Aviation Parkway in Ottawa, turning it into a four-lane commuter and truck route passing through downtown residential communities. Along the proposed routes are homes, seniors' apartments, schools, parks, the Montfort long-term-care facility and the Montfort Hospital, all of which will be severely impacted by noise, vibration and disease-causing air pollution.

A truck and commuter route through neighbourhoods is a safety issue because of the increased risk of pedestrians and cyclists and the transport of hazardous materials, and there are other, more suitable corridors further east, outside of the downtown core, which would have minimal impact on Ottawa residents;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"To reject the recommendation of a bridge at Kettle Island and to select a more suitable corridor to proceed to phase two of the interprovincial crossings environmental assessment study."

I affix my signature to this petition and send it to the table via page Jacqueline.

SERVICES FOR DISABLED CHILDREN

Mr. Robert Bailey: "To the Legislative Assembly of Ontario:

"Whereas the Ministry of Health and Long-Term Care funds the school health support service through community care access centres across this province for children with special needs who require physiotherapy, occupational therapy and speech-language therapy in public schools and in private and home schools; and

"Whereas the Minister of Children and Youth Services envisions an Ontario where all children and youth have the best opportunity to succeed and reach their full potential; and....

"We, the undersigned, petition the Legislative Assembly of Ontario to immediately transfer funding and responsibility for this delivery of school health support service to school-aged children with complex and multiple disabilities from the Ministry of Health and Long-Term Care and community access care centres to the Ministry of Children and Youth Services."

I agree with this petition and will sign it and send it down to the table with Samantha.

FOCUS COMMUNITY PROGRAM

Mr. Howard Hampton: I have a petition and it reads:

"Whereas the Focus Community program has been effectively working with communities across Ontario for the health of Ontarians by preventing injury and harm in relation to drug and alcohol use since 1991; and

"Whereas the Focus Community program funding cycle ended on March 31, 2008, and the project's extension funding will end on March 31, 2009; and

"Whereas the Focus Community program has been waiting for a decision from the Ministry of Health Promotion about continued funding. Without a decision, the Focus Community program cannot make plans, develop a budget, or make commitments with community partners;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That the Ministry of Health Promotion renew the funding of the Focus Community program for an extended period so that they can continue the good work they have been providing for the past 17 years."

This has been signed by literally hundreds of residents from across northern Ontario, and I—

The Acting Speaker (Mr. Ted Arnott): Petitions? The member for Mississauga—Streetsville.

HOSPITAL FUNDING

Mr. Bob Delaney: Speaker, I'm so disappointed that you have to look it up. Maybe I should stand up more often.

I have a petition to the Ontario Legislative Assembly, and I'd like to thank Susan O'Neill of Osprey Boulevard in Lisgar for having collected the signatures. It reads as follows:

"Whereas wait times for access to surgical procedures in the western GTA area served by the Mississauga Halton LHIN are growing despite the vigorous capital project activity at the hospitals within the Mississauga Halton LHIN boundaries; and

"Whereas 'day surgery' procedures could be performed in an off-site facility, thus greatly increasing the ability of surgeons to perform more procedures, alleviating wait times for patients, and freeing up operating theatre space in hospitals for more complex procedures that may require post-operative intensive care unit support and a longer length of stay in hospital;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That the Ministry of Health and Long-Term Care allocate funds in its 2008-09 capital budget to begin planning and construction of an ambulatory surgery centre located in western Mississauga to serve the Mississauga-Halton area and enable greater access to 'day surgery' procedures that comprise about four fifths of all surgical procedures performed."

I'm pleased to sign and support this petition and to ask page Amanda to carry it for me.

BEER RETAILING AND DISTRIBUTION

Mr. John O'Toole: I'm pleased to present a petition on behalf of the member from Halton, Mr. Chudleigh. It reads as follows:

"Whereas The Beer Store 'near monopoly' is controlled by 'for-profit, foreign-owned companies' and these companies are not accountable to the people of Ontario, and these companies do not act in the best interests of the people of Ontario;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That legislation be introduced that will permit the retailing and distribution of beer through alternative and additional grocery and supermarket retail channels that will fairly compete with The Beer Store," the near monopoly, "thereby allowing an accessible, convenient, safe, well-regulated and environmentally responsible retailing environment for beer to become established in the province of Ontario."

I'm pleased to sign this and submit it with Bradyn.

TOM LONGBOAT

Mr. Mike Colle: I have a petition to recognize Tom Longboat Day in Ontario.

"Whereas Tom Longboat, a proud son of the Onondaga Nation" in the city of Brantford "was one of the most internationally celebrated athletes in Canadian history;

"Whereas Tom Longboat was voted athlete of the 20th century by Maclean's magazine for his record-breaking marathon and long-distance triumphs against the world's best;

"Whereas Tom Longboat fought for his country in World War I and was wounded twice during his tour of duty;

"Whereas Tom Longboat is a proud symbol of the outstanding achievements and contributions of Canada's aboriginal people;

"We, the undersigned, petition the Legislative Assembly of Ontario to recognize June 4 as Tom Longboat Day in Ontario."

I support this petition and I affix my name to it.

HEALTH CARD RENEWAL CLINIC

Mr. Tim Hudak: I'm pleased to present the latest batch of petitions to bring health card renewal services closer to Glanbrook residents. It reads as follows:

"To the Legislative Assembly of Ontario:

"Whereas seniors, the disabled, families with young children and other Mount Hope and Binbrook residents are forced to drive to downtown Hamilton to renew their Ontario health cards; and

"Whereas the province of Ontario mandates that health cards be renewed on a regular basis and that an Ontario health card must be presented to receive OHIP health services; and

"Whereas the Dalton McGuinty government has increased taxes and fees on local residents but has not improved services;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"To work with the Ontario Ministry of Health to bring a mobile health card renewal clinic to the Mount Hope and Binbrook area so that residents can more readily renew their Ontario health cards without the drive to downtown Hamilton."

I assign my signature in support.

HOSPITAL FUNDING

Mr. Bruce Crozier: I have a petition to the Ontario Legislative Assembly on behalf of the western Mississauga ambulatory surgery centre.

"Whereas wait times for access to surgical procedures in the western GTA area served by the Mississauga Halton LHIN are growing despite the vigorous capital project activity at the hospitals within the Mississauga Halton LHIN boundaries; and

"Whereas 'day surgery' procedures could be performed in an off-site facility, thus greatly increasing the ability of surgeons to perform more procedures, alleviating wait times for patients, and freeing up operating theatre space in hospitals for more complex procedures that may require post-operative intensive care unit support and a longer length of stay in hospital;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That the Ministry of Health and Long-Term Care allocate funds in its 2008-09 capital budget to begin planning and construction of an ambulatory surgery centre located in western Mississauga to serve the Mississauga-Halton area and enable greater access to 'day surgery' procedures that comprise about four fifths of all surgical procedures performed."

I give this to page Sahara and put my signature to it.

DRIVER LICENCES

Mr. Toby Barrett: These petitions are titled "Delhi Wants Its MTO Office Back."

"To the Parliament of Ontario:

"Whereas the community of Delhi has historically had a driver's licence issuing office; and

"Whereas the current government set out a request for proposal for a new operator of a driver's licence issuing office in Delhi;

"Whereas many individuals in the town of Delhi responded to the RFP and paid $68 in application fees to the Ontario government; and

"Whereas the McGuinty government, after collecting this money from Delhi citizens, has decided against reopening an issuing office in Delhi;

"Whereas the residents of Delhi are currently being forced to drive 20 kilometres to the nearest issuing office;

"We, the undersigned, demand the McGuinty government revisit the proposals already received and reopen an office to meet the needs of residents within the community."

I went door-to-door to get some of these petitions and I'll affix my name to it.

FOCUS COMMUNITY PROGRAM

The Acting Speaker (Mr. Ted Arnott): Petitions? The member for Niagara.

Mr. Peter Kormos: Niagara, Welland—

The Acting Speaker (Mr. Ted Arnott): Welland.

Mr. Peter Kormos: —Welland—Thorold, old Mel Swart's former riding.

I have a petition that reads:

"Whereas the Focus Community program has been effectively working with communities across Ontario for the health of Ontarians by preventing injury and harm in relation to drug and alcohol use since 1991; and

"Whereas the Focus Community program funding cycle ended on March 31, 2008, and the project's extension funding will end on March 31, 2009; and

"Whereas the Focus Community program has been waiting for a decision from the Ministry of Health Promotion about continued funding. Without a decision, the Focus Community program cannot make plans, develop a budget or make commitments with community partners;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That the Ministry of Health Promotion renew the funding of the Focus Community program for an extended period so they can continue the good work they have been providing for the past 17 years."

Thousands of signatures, many from Niagara region, Welland and Port Colborne included, and I have affixed my signature as well.

BATHURST HEIGHTS

ADULT LEARNING CENTRE

Mr. Mike Colle: I have more petitions from the people of the Bathurst Heights learning centre, the ESL learning centre.

"Whereas the growing number"—

Oh, that's the wrong one. Wait a minute. Here it is.

"Whereas there are over 2,000 adult ESL students being served by the Bathurst Heights Adult Learning Centre, operated by the Toronto District School Board, in partnership with the province of Ontario;

"Whereas newcomers in Toronto, and in the Lawrence Heights area, need the Bathurst Heights Adult Learning Centre so they can succeed in their career opportunities;

"Whereas the proposed revitalization of Lawrence Heights threatens the existence of the centre;

"Therefore we, the undersigned," request "that any revitalization of Lawrence Heights include a newcomer centre and ensure that the Bathurst Heights centre continues to exist in the present location."

I support this petition and I affix my name to it.

MOTORCYCLE SAFETY

Mr. Robert Bailey: "To the Legislative Assembly of Ontario:

"Whereas Bill 117, presented by MPP Helena Jaczek on October 27, 2008,

An Act to amend the Highway Traffic Act to prohibit the driving and operation of motorcycles with child passengers" so that no passenger "shall drive or operate a motorcycle on a highway if another person under the age of 14 years is a passenger...;

"We, the undersigned, petition the Legislative Assembly of Ontario as follows:

"That Bill 117 be removed from the agenda and never become law."

There are hundreds of petitions here. I'll affix my name to this one and send it.

ORDERS OF THE DAY

ORDER OF BUSINESS

Hon. Monique M. Smith: I believe we have unanimous consent to move a motion respecting concurrence.

The Acting Speaker (Mr. Ted Arnott): The Minister of Tourism is seeking unanimous consent of the House to move a motion with respect to concurrences in supply. Agreed? Agreed.

Hon. Monique M. Smith: That the orders for concurrence and supply for the various ministries, as represented by government orders 14 through 25, inclusive, be called and debated concurrently, and

That the time available to 5:50 p.m. be divided equally among the recognized parties, at which time the Speaker shall interrupt the proceedings and shall put every question necessary to dispose of each order for concurrence, and

That any required divisions on any of the orders for concurrence in supply shall be deferred to deferred votes, such votes to be taken in succession with one five-minute bell.

The Acting Speaker (Mr. Ted Arnott): Is it the pleasure of the House that the motion carry? Carried.

Document details

CollectionOntario — Debates (Hansard)
Citation2008-12-09
Typehansard
Volume / chapterp39 s1 2008-12-09 hansard html
Languageen
Formathtml
SourcePROVINCIAL
Identifiera4de8c382b64832f79cd9689a4b1b335657b027b

Source file is stored in the law ingest library (html).