March

21, 2011 HOUSE OF ASSEMBLY PROCEEDINGS Vol. XLVI

No. 52

The House met at 10:00 a.m.

MR. SPEAKER (Fitzgerald): Order, please!

Please admit strangers.

While we are awaiting the arrival of the Lieutenant Governor, the Chair would

just like to take this opportunity to welcome the Leader of the Opposition back

to her regular duties.

[Applause]

MR. SPEAKER: I am sure I echo the thoughts of all members present when I

wish the hon. member well in dealing with her health issues.

Welcome back.

SERGEANT-AT-ARMS: Mr. Speaker, His Honour the Lieutenant Governor has

arrived.

MR. SPEAKER: Admit His Honour the Lieutenant Governor.

SERGEANT-AT-ARMS: All rise.

[Mr. Speaker leaves the Chair]

[His Honour the Lieutenant Governor takes the Chair]

SERGEANT-AT-ARMS: It is the wish of His Honour the Lieutenant Governor

that all present please be seated.

HIS HONOUR THE LIETUENANT GOVERNOR (John C. Crosbie, PC, OC, ONL, QC):

Mr. Speaker and Members of the Honourable House of Assembly:

As you know, this is the prorogation of the Third Session of the Forty-Sixth

General Assembly of our Province, so I will proceed now with the remarks to be

given on this occasion.

The Third Session of the Forty-Sixth General Assembly of the Honourable House

of Assembly is about to be prorogued, but before releasing you from your duties,

I wish to express gratitude for the careful and sympathetic attention you have

given to the important matters brought before you by My Ministers.

I am probably the only one who is going to express gratitude about this, but

it is quite an impressive list I am about to read.

During this Session, forty-seven pieces of legislation were enacted and

several resolutions were passed, including one appointing Mr. Ed Ring as the

Information and Privacy Commissioner and another appointing Ms Carol A. Chafe as

the Child and Youth Advocate.

As its first Bill, My Government introduced a new Children and Youth Care and

Protection Act to provide a strong foundation on which to build a new child

protection system in Newfoundland and Labrador, based on a culture of

accountability and excellence.

In fact, much of the legislation My Government introduced in this Session is

focused on protecting people.

Amendments to the Fatal Accidents Act allow for an award of damages for the

loss of care, guidance and companionship suffered by a loved one because of the

death of a family member.

Amendments to the Highway Traffic Act enhance the powers of the RNC and the

RCMP to address impaired driving and other serious offences such as driving

while suspended and driving without insurance. This Bill strengthens the

provisions against distracted driving by extending the ban on the use of

cellular telephones while driving to texting and the use of newer electronic

devices and increases penalties for speeding in school zones.

A new Act Respecting Court Security advances efforts to prevent prohibited

weapons and other dangerous items from being brought into a court area,

providing greater protection to the public, to those who work in our courts, and

to the victims of crimes.

Changes to the Small Claims Act expand the jurisdiction of the court to grant

non-monetary remedies and amend the regulations to increase the monetary

jurisdiction of the court to give Newfoundlanders and Labradorians greater

access to the more-simplified and less-costly Small Claims Court process.

Many pieces of legislation enacted in this session significantly enhance

protections for consumers in our Province.

My Government brought forward three bills to amend the Insurance Companies

Act. The first enables Government to prohibit insurance companies from refusing

to provide homeowners insurance for reasons unrelated to the risk they are

taking on and to prohibit unfair practices in the determination of the premium

to be charged. The second streamlines and harmonizes all classes of insurance.

The third, together with related amendments, is focused on protecting consumers

from fraud.

Two other bills are also focused on protecting people from fraud: one

amending the Securities Act, and another amending the Insurance Adjusters,

Agents and Brokers Act.

A Bill amends the Prepaid Funeral Services Act to ensure that money paid in

advance by an individual to a funeral home for a funeral is held securely in a

trust account.

Three Bills amend the Consumer Protection and Business Practices Act. One is

related to the cost of consumer credit disclosure. Another adds

regulation-making authority respecting gift cards or gift certificates to better

protect customers. A third is designed to prohibit unfair and unconscionable

business transactions by manufacturers.

Amendments to the Mortgage Brokers Act provide greater enforcement abilities

to the Department of Government Services to protect consumers from malicious

mortgage brokers.

My Government has been diligent in seeking public input and expert advice on

key pieces of legislation. Following a period of public consultation, it brought

forward a new Human Rights Act, 2010 to replace the Human Rights Code that first

came into force in 1971. Following a review of best practices and a period of

intensive consultations, My Government brought forward

An Act Respecting The

Health And Protection Of Animals, which provides for the appointment of

inspectors to enforce live animal legislation; provides new inspection and

search and seizure provisions; prescribes codes of practice and standards of

care in regulations; requires veterinarians to report suspected cases of animal

neglect or abuse to the Chief Veterinary Officer; consolidates and amends

legislation respecting nuisance animals; provides new prohibitions; increases

penalties and provides for restitution orders; and enables a Provincial Court

judge to order a lifetime ban on ownership of animals if deemed appropriate.

Mr. Speaker and Members of the Honourable House of Assembly:

My Government brought forward a Bill to amend the Income Tax Act, 2000,

reducing the personal income tax rate, increasing the age amount in the

non-refundable tax credit reference, increasing the dividend tax credit, and

reducing the small business corporate income tax rate.

Another Bill amends this Act to provide clarification with respect to the

amount a taxpayer may claim for charitable and other donations, to clarify when

a claim for the research and development tax credit must be made and to remove

an ambiguity as to whether tax credits may be applied against the capital tax

payable.

To promote healthy living, My Government brought forward an amendment to the

Revenue Administration Act to increase the rate of tobacco tax.

Amendments to the Portability of Pensions Act provide a fair mechanism for

employees to transfer their pensionable service between five public sector

pension plans: the Public Service Pension Plan, the Teachers' Pension Plan, the

Uniformed Services Pension Plan, the Members of the House of Assembly Pension

Plan, and the Memorial University Pension Plan. The change ensures consistency

in costs relating to the crediting of service under a plan.

To facilitate regional cooperation, My Government brought forward an

amendment to the Municipalities Act, 1999, to provide an alternate governance

structure on a transitional basis until an amalgamated town reaches the point

where it can elect a council under the usual structure defined in the Act.

My Government also brought forward a new Pedestrian Trails Liability

Protection Act and an amendment to the Grand Concourse Authority Act.

Mr. Speaker and Members of the Honourable House of Assembly:

Several pieces of legislation enacted in this Session have strengthened our

health care system.

My Government brought forward

An Act To Amend The Regional Health Authorities

Act to enable an authority to acquire goods and services through a group

purchasing organization of which it is a member in order to achieve savings that

will now be redirected for other important health care purposes.

A new Health Professions Act allows for the governance of multiple health

professions under one Health Professions Council. The Act currently applies to

acupuncturists, audiologists, dental hygienists, medical laboratory

technologists, midwives, respiratory therapists and speech language

pathologists; but other health professionals can also be included as the need

arises. Among other things, the Act provides for the establishment of a quality

assurance program to promote high standards of practice.

My Government brought forward a new Social Workers Act to enhance public

accountability by ensuring appropriate public representation on the respective

licensing boards and providing a defined and transparent disciplinary process.

Mr. Speaker and Members of the Honourable House of Assembly:

My Government also introduced amendments to the Fishing Industry Collective

Bargaining Act to enhance the model of collective bargaining for the benefit of

both parties. The Bill provides for greater accountability; it provides for a

demonstration that collective bargaining has occurred; it establishes mechanisms

to support the setting of fish prices early in the season; and it places limits

on the reconsideration process to provide an improved structure for all

stakeholders.

Among the other legislative measures enacted during this session were

An Act

To Amend The Provincial Court Act, 1991;

An Act To Amend The Loan And Guarantee

Act, 1957;

An Act To Amend The Real Estate Trading Act;

An Act To Amend The

Judicature Act;

An Act To Amend The Abitibi-Consolidated Rights And Assets Act;

An Act To Amend The Justices And Public Authorities Protection Act;

An Act To

Amend The Private Investigation And Security Services Act;

An Act To Amend The

Commissioners For Oaths Act;

An Act To Amend The Notaries Public Act;

An Act To

Amend The Statutes Act;

An Act To Amend The Public Safety Act;

An Act To Amend

The Architects Act, 2008;

An Act To Amend The Licensed Practical Nurses Act,

2005; and

An Act To Implement The Comprehensive Integrated Tax Coordination

And Labrador.

Mr. Speaker and Members of the Honourable House of Assembly:

I thank you for the large measure of Supply you have granted. I assure you

the appropriations you have granted have been and will be expended by My

Ministers with care and efficiency.

It is my pleasure that the Third Session of the Forty-Sixth General Assembly

now be prorogued and it is prorogued accordingly.

Thank you.

[His Honour the Lieutenant Governor leaves the Chamber]

[Mr. Speaker returns to the Chair]

MR. SPEAKER (Fitzgerald): Order, please!

Pursuant to the Speech by His Honour, this House now stands prorogued.