Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 14 May 2009 (46th General Assembly, 2nd Session, Vol. XLVI No. 21)

2009-05-14

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 14 May 2009 (46th General Assembly, 2nd Session, Vol. XLVI No. 21)

2009-05-14

Newfoundland and Labrador — Debates (Hansard)

May 14, 2009

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI No. 21

The House met at 1:30 p.m.

MR. SPEAKER: Order, please!

Admit strangers.

Today, the Chair would like to welcome a special group of individuals who

have been attending some festivities here at the Confederation Building today. I

am referring to the War Brides of Newfoundland and Labrador.

On behalf of the House of Assembly, I offer each one of you and your family a

very warm welcome to your House.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Also, we are happy today to welcome a group of ten Grade 9

students from Level I, all the way from D.C. Young School, Port Hope Simpson, in

the District of Cartwright-L'Anse au Clair.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The students are accompanied by their teacher, Mr. Thomas

Flynn, and their chaperon, Ms Karen Sooley.

Welcome to the House of Assembly.

SOME HON. MEMBERS: Hear, hear!

Statements by Members

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

hon. the Member for the District of St. John's South; the hon. the Member for

the District of Signal Hill-Quidi Vidi; the hon. the Member for the District of

Humber Valley; the hon. the Member for the District of Cartwright-L'Anse au

Clair; and, the hon. the Member for the District of Placentia & St. Mary's.

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

SOME HON. MEMBERS: Hear, hear!

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

Mr. Speaker, today is a very special day as we have recognized the

significant contributions made by War Brides through the signing of a

proclamation this morning. I would like to thank the hon. Minister of

Intergovernmental Affairs for signing the proclamation, and the Speaker for his

welcome of our special guests today.

I would like to recognize the War Brides who have joined us today in the

gallery, and their families, and to thank them for spending the day with us as

we recognize them and the contribution that they made to our Province, our

culture and our economy.

During both the First and Second World Wars, as well as the Korean Conflict,

thousands of servicemen from Newfoundland served overseas and many of them

returned with brides and dependants. Approximately 1,000 women married

servicemen from Newfoundland during the Second World War alone, making their

return home the single largest influx of immigrants in Newfoundland's history.

We can safety say they made a tremendous contribution to our population.

With the start of their new lives in their new home the War Brides and their

husbands became the new workers, entrepreneurs and leaders of the burgeoning

economy of Newfoundland and Labrador, providing a solid foundation for the next

generation, thus adding a tremendous contribution to our economy.

Most of the War Brides came from the United Kingdom, and while this is also

where most of our ancestors came from hundreds of years ago, they brought a

fresh approach to our old cultures and they added new ones as well. I can still

taste the Scottish dishes my mother-in-law used to make, and can say from my own

experiences that the War Brides added new food and new ideas to our rich

culture.

The War Brides who moved to Newfoundland and Labrador left their own homes,

family and friends to join their husbands and new families and make a home in an

unknown land. They have added to our families and to our communities in many

ways. Some of their contributions were made far from the public eye and in ways

that cannot be measured, but we are a richer people and a richer Province

because of them.

I would like all members of the House to welcome our special guests today and

recognize them and their valuable contributions.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

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

Mr. Speaker, last night was the opening night for Surfaced, the art fashion

show and exhibit for the twenty-first annual Textile Studies graduates of the

College of the North Atlantic, which is a two-year diploma program offered in

collaboration with the Anna Templeton Centre.

Surfaced is the culmination of the final semester of the Textile Studies

program. The nine students who are graduating worked very hard to create their

own line of products, one-of-a-kind or limited editions, for sale and display in

the graduate exhibition at the Anna Templeton Centre.

The Anna Templeton Centre contributes to the cultural heritage of this

Province. The quality of work has been instrumental in encouraging the

development of the Province's artistic community. The Centre also provides

after school and lunchtime arts programs in the St. John's area.

As I mentioned, the Centre is in its twenty-first year and continues to

produce great works and inspire artists. The instructors, some of whom have been

through the program themselves, have a lot to offer.

The graduates of this year's Textile Studies program are: Aryn Ballett,

Ricky Brophy, Kailey Cahill, Meagan Hounsell, Susan Jarvis, Ashlynn Kenny, Laura

O'Leary, Rebecca Smith and Denise Walsh. I encourage my colleagues to take the

time to go and see what wonderful art they have created.

I ask the House to congratulate the graduates of the twenty-first Textile

Studies program and the staff of the Anna Templeton Centre for all their hard

work.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. KELLY: Thank you, Mr. Speaker.

As the Member of the House of Assembly for the District of Humber Valley, it

gives me great pleasure to rise in this hon. House today and formally recognize

an outstanding young man.

Jeremy Curnew, a Level III student at Elwood High School in Deer Lake, made

history for chess on the West Coast at the provincial chess tournament recently

held in Gander. He won gold in the Grade 12 division, and he is the first chess

player from the Deer Lake area to earn a seat at the final stage of the Canadian

Chess Challenge.

The national chess tournament will take place on May 16-18 at the University

of Toronto. Curnew earned his place at the national tournament by winning at

both the regional and provincial levels. He will be travelling to Ontario with

the team of provincial gold medal winners, most of them are from the Avalon

Peninsula.

His previous chess advisor, Debbie Olsen, and his present chess advisor,

Clarence White, are extremely proud of Jeremy's achievements. The school and

the community also share the great excitement in Jeremy's success.

Mr. Speaker, the documented benefits of playing chess are immense. Controlled

studies going back over several decades, beginning in Russia, and more recently

in the United States, have indicated that chess develops improved concentration,

analytical, reasoning ability, circumspection, prudence, and judgement. It is

known to foster greater self-esteem, self-confidence and significantly improve

academic performance.

Mr. Speaker, I ask all members of this hon. House to join me in extending

best wishes to Jeremy and the rest of the provincial team at the nationals.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Cartwright-L'Anse

au Clair.

MS JONES: Thank you, Mr. Speaker.

I rise in the House today to congratulate the Eagle River Credit Union, who

celebrated their twenty-fifth anniversary at their annual general meeting in L'Anse

au Clair this past weekend.

Mr. Speaker, this organization is a major success story in this Province. A

credit union that resulted from desperation when the only bank in the area, the

Bank of Montreal, pulled out of L'Anse au Loup in 1984. It was a group of

local volunteers who formed a steering committee and worked with the Credit

Union Council to form what we know today as the Eagle River Credit Union.

Mr. Speaker, since its inception, the Eagle River Credit Union has steadily

and gradually expanded to further meet the needs of other surrounding

communities. Today, they are the second largest credit union in the Province,

having reached over $70 million in assets, establishing six branches in the

Northern Peninsula and throughout Labrador, and serving well over 6,400

customer-owners.

As part of their mandate, over the past twenty-five years, the Eagle River

Credit Union has made a significant contribution to the community and its people

as well with substantial corporate donations and fundraising efforts for all

charitable organizations.

Mr. Speaker, the credit union has also been recognized for its impressive

track record and has won various awards for economic development as well as

being named Credit Union of the Year in 1999 and again in 2002.

I ask all members in the House to join with me in congratulating the Eagle

River Credit Union on their silver anniversary and recognizing their management

team and their board of directors and wishing them every success for the future.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Placentia & St.

Mary's.

SOME HON. MEMBERS: Hear, hear!

MR. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, on Valentine's Day this year, I had the occasion to attend a

birthday party in Whitbourne for Mrs. Melina Gosse. This was a special birthday

party, Mr. Speaker, because on February 14 Mrs. Gosse celebrated her 100

birthday.

Melina Gosse was born in Green's Harbour in 1909, the third of five

children of Albert and Jane March. She grew up and attended school in Green's

Harbour and in 1939, while working at the Newhook Clinic in Whitbourne, she met

and married Harold Gosse, who worked with the Newfoundland Railway. Mr. Gosse

died in 1988.

They had three daughters and three sons. One son is Mr. Lloyd Gosse, the

current mayor of Whitbourne. Mrs. Gosse still resides in her own home in

Whitbourne and is a very bright, articulate and independent woman who reads and

follows the news of the day. She has a very keen memory and a repertoire of

songs and poetry which she is willing to share readily. I have had the

opportunity to visit this wonderful lady on a number of occasions, and it is

always a pleasure to chat with her.

Mr. Speaker, I ask all hon. members of this House to join with me in

congratulating Mrs. Melina Gosse and in wishing her continued good health and

happiness.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Innovation, Trade and Rural

Development.

SOME HON. MEMBERS: Hear, hear!

MR. SKINNER: Thank you, Mr. Speaker.

Mr. Speaker, Newfoundlanders and Labradorians are renowned for celebrating

the Province's culture and for remaining close to their roots. For some it is

through song, for others it is storytelling, and for many more it is through

making of craft.

In addition to playing an important role in celebrating the Province's

cultural identity, the craft industry is an important contributor to local

economies. It employs more than 1,600 people and generates in excess of $32

million in sales annually.

To support the continued growth of the craft industry, the Department of

Innovation, Trade and Rural Development implements a series of initiatives that

enable locally-produced products to be sold at home or abroad. Departmental

initiatives include financial investments, regional and national trade shows,

training and workshops, and hosting events such as the Provincial Craft

Wholesale Show.

It is also an industry led by business savvy entrepreneurs who recognize the

need to be innovative and utilize modern applications to market and sell their

products. Mr. Speaker, taking innovative approaches to expand the reach of

business in the smallest or largest of communities significantly improves the

possibilities of success.

With this in mind, the department and industry work collectively to initiate

tools that increase awareness in sales of such locally made crafts as

traditional knitwear, specialty food, jewellery, and one-of-a-kind pieces that

capture the spirit and the distinct culture of our region.

Coinciding with this year's Provincial Craft Wholesale Show, a virtual

trade show was launched. The virtual trade show expanded awareness of craft

producers and their products to a wide audience and provided retailers unable to

travel to St. John's with the opportunity to participate in this event.

I am pleased to report that the virtual show led directly to new sales for

producers. As we proceed forward, we intend to expand the use of the virtual

shows to benefit all those in the industry.

The department, in partnership with the Craft Council of Newfoundland and

Labrador has also launched a series of Internet marketing workshops. The

workshops are custom designed for individual craft producers to help improve

their presence on-line. Producers acquire practical skills that can be

immediately applied to Web site development and enhancements, along with

attracting visitors to their Web site.

Mr. Speaker, Newfoundland and Labrador's geography can present barriers for

smaller businesses like those in the craft industry. As a government, we are

committed to facilitating the adaptation of modern applications and innovation

that leads to local producers breaking those barriers and targeting new

opportunities.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

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

I thank minister for an advanced copy of his statement.

The craft sector, of course, is one of the more underdeveloped sectors in our

economy and it is great to see anything that can be done by government and by

that department in particular, to enhance that sector of our economy. We, of

course, have some of the most skilled and creative craftspeople in this country,

and anything that can be done to advance their interest and their industry is

certainly beneficial.

I particularly note the use of technology here. We have all seen, of course,

that technology and the impact it can have upon economic ventures is

overwhelming, and eBay is just one example. Of course, if we can take the craft

industry and put it on a more positive footing because of the use of technology,

all the best.

I particularly note, as well, the fact that we can use technology to bring

people together who have a similar interest in that industry, because

oftentimes, given our geography, it is a barrier, that you just can't bring

them together. Someone may have a great idea, but quite often they don't have

the resources to come to these craft shows, for example, to promote themselves

and their business. It is great to see that we are making use of technology in

that regard as well.

Thank you, Mr. Speaker.

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

Vidi.

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

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

I have met people who have participated in the professional development

workshops the minister referred to. I know that the artisans really do find them

to be helpful. Newfoundland and Labrador is full of talented artisans and

craftspeople, but it is unfortunately difficult for them to make a living, as we

all know, because the market in Newfoundland is so small. Anything that can be

done to stretch out and reach a broader market is really important. Unless

artisans hit on a specific market right away it is sometimes a long road,

because in order to make an income you have to export right away to do that.

I encourage government to continue with these initiatives but also to provide

more income support to artisans especially in the beginning of the development

of their product when things are so hard for them, and I encourage the

government to play a much larger role in helping them with distribution and

marketing outside the Province.

Thank you, Mr. Speaker.

MR. SPEAKER: Further Statements by Ministers.

The hon. the Minister of Business.

SOME HON. MEMBERS: Hear, hear!

MR. ORAM: Thank you, Mr. Speaker.

Mr. Speaker, last Thursday, May 7, the meeting of the Pan-Atlantic Investment

Coordination committee was held here in St. John's. This is a group comprised

of senior investment coordinators and officials from the Atlantic Provinces and

the federal government. Its primary objectives are to facilitate investment

partnerships and build awareness in the international markets to better

establish the Atlantic region as a good place in which to invest.

This was the first time since 2007 that Newfoundland and Labrador has had the

occasion to host a meeting of the Investment Coordination Committee. It provided

a beneficial opportunity for officials of our government who are involved in

investment attraction to get together and to interact face-to-face with

counterparts from New Brunswick, Nova Scotia, Prince Edward Island, and the

federal government, in order to communicate, coordinate and share information,

report on progress, scope upcoming international events, conferences, and

missions and lay out additional groundwork for increased investment activity in

the Atlantic Provinces.

Although on one level our provinces naturally compete with one another for

foreign and national business, we also hold common interests in promoting our

jurisdictions and regions as a whole for investment, and our individual efforts,

activities and successes can certainly have mutual benefits for all.

Mr. Speaker, the meeting also provided our Province, as host, with an

opportunity to highlight to Atlantic and the federal agencies the strengths and

assets that make Newfoundland and Labrador an increasingly attractive place to

invest, including our wealth of resources, our current and future major

projects, and our significant financial investments in areas like infrastructure

and research and development.

Mr. Speaker, like other jurisdictions in Canada and around the world, we

recognize that attracting business from abroad creates new employment and

contributes to diversifying our economy. That is why our government established

the Business Attraction Fund as a key incentive for investors, and why in Budget

2009 close to $30 million was provided under this fund for this fiscal year.

Mr. Speaker, our Province was very pleased to host last week's meeting of

the Pan-Atlantic Investment Coordination Committee, as we advance in our own

objective to position Newfoundland and Labrador as a preferred destination for

inward investment.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

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

I thank the minister for an advanced copy of his statement.

Any initiative, of course, or meeting which has as its purpose coordinating

your investment efforts is a positive move. We certainly need all the

co-operation that we can have when it comes to advancing our trading interests

and our business interests in the economy in general, certainly in these tough

economic times that we currently have.

I would point out, and I do not mean to be negative here, but the minister

uses the words: a good place in which to invest. Unfortunately, sometimes people

outside, when they see things happen here, they get a different opinion.

For example, the AbitibiBowater expropriation piece, everybody here

positively supported, unanimously endorsed that move, and I support it because I

believe it was the proper move as well. Sometimes people outside misinterpret

what our purposes were and some people see those types of actions as being

unfriendly. I just think we need to educate them better as to why we did it. I

would certainly agree that we did the right thing but unfortunately, sometimes

people outside misinterpret for their own purposes what the initiative was

about.

I would say in particular, with regards to the Department of Business, it has

existed now for a number of years, five, six years, and I have questioned the

minister extensively in Estimates every year about it and the Premier used to

head up the department himself, initially. As I said to the minister, again, we

look forward to more positive and substantive announcements. We have had lots of

announcements from the Red Tape Committee of which the minister chairs and so on

but we have not seen a lot of substantive ventures. Hopefully, the $30 million

that is there now we will see that come to fruition with some good investments

in the future which will create good economic circumstances for the Province.

Thank you, Mr. Speaker.

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

Vidi.

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

I, too, thank the minister for the advanced copy of his statement.

This initiative, the Investment Coordination Committee and these meetings are

obviously important as we look to investment in the Province, but we have had a

lot of announcements. I do not want to sound repetitive here but we have. We

have had the MOUs with Ireland, Iceland and Rhode Island. We know that the

department has been in place for six years now. We have had initiatives like the

ACOA based Team Canada Atlantic International Business Development Program. We

go on supporting this but also waiting to see more to come back. We are soon

going to be wanting to see the fruits of that investment.

It is my understanding we have about five businesses that have come forward

in the past six years because of the department. We would like to see that

double pretty fast, Mr. Speaker, if we are going to continue putting money into

this.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

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

MS JONES: Thank you, Mr. Speaker.

In April, May, June and July of 2008, Eastern Health accumulated over 62,000

hours of nursing time during that four-month period. It is equivalent to over

5,000 twelve-hour shifts of overtime.

I ask the Premier: If he can indicate to us today what other government

employees have that level of overtime in our system, and I ask if they think

this is an acceptable workload to expect from nurses?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, I do not know across government. My colleague,

the President of Treasury Board, might have some stats across government, but I

suspect, Mr. Speaker, I truly suspect that is probably the highest of any

employee group in the public service.

There are a number of reasons for that. Last year alone, we have about 5,000

nurses, on average each of them used about twenty days of unscheduled leave,

unplanned leave. Now if you combine that with the fact that in December, 2008

the Canadian Centre for Help Information came out with a stat that said that we

have the highest proportion of nurses working in permanent positions than

anywhere else in the entire country, because that is what the nurses asked us to

do. The compromise here though, Mr. Speaker, is when you do that, you do not

have as many nurses available for relief. So they have to fundamentally do their

own relief, and that is where the overtime is driven in many cases.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

If you look at those statistics and you also look at the fact that during

that four-month period there was also 23,000 hours of overtime accumulated at

the Health Sciences Centre alone, it is a clear indication that there is a lack

of nurses in hospitals in this Province.

I ask the government today: If this level of overtime is required to cover

regular nursing shifts, why would government even threaten to remove the

monetary benefits that they were designing to address the recruitment and

retention problem that exists in this profession?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: What the member is highlighting here for us is something

that I said yesterday in a couple of comments I made to the press. The actions

and the decisions made by the nurses' union to start a job action next

Wednesday, and to remove all overtime, puts the health system in a much more

compromising position than if they had gone forward with what has normally been

referred to as standard strike, where they withdraw the service and, in fact,

have a picket line and all the other things that we tend to associate with

strikes.

Their decision that they announced this week puts patients in a much more

compromising position than if they were to ever follow through with what is

normally expected in a strike situation. Because, in that situation, in order

for them to have a legal strike, they need to have essential employee agreements

in place and that would cover off those critical areas and would respond to

patient safety issues that are going to arise in the health system, I say, Mr.

Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Not only do we have concerns with the fact that overtime is being pulled back

by nurses in the Province, but this morning I was notified in writing by one

nurse who had submitted his resignation to Western Health because of this

situation, and I hope it is not the beginning of more resignations.

I ask government today: Instead of allowing our system to free fall into a

devastating situation, that we are unable to bring stability to the health care

sector, will you not reconsider your decisions and go to binding arbitration on

these two issues so that we can avoid any cutback in overtime, any legislating

back to work, and nurses from resigning from the system?

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

The law imposes upon us a duty to bargain in good faith. We have demonstrated

our good faith, Mr. Speaker, by offering significant increases in wages, by

offering to look at other issues. We were more than generous in our offer to the

nurses. On March 26 we first made the announcement of the steps we were willing

to take.

Mr. Speaker, for six weeks now we have been begging people to take a 31 per

cent raise. In these economic times it is unbelievable that it is being turned

down. There comes a point in time, however, where you cannot have your cake and

eat it too.

In this particular case, the Supreme Court of Canada has said there is a

right to a process, not an outcome. We have bargained in good faith. It is the

nurses' union that has been intransigent and inflexible.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The government is insistent on bringing in the labour market adjustment

clause for nurses in this Province, but back a few year ago there was an issue

with regard to recruitment and retention of nurses in Coastal Labrador

communities. At that time, there was a private negotiation or deal done between

the government and the nurses' union to pay out recruitment and retention

bonuses to nurses who would work in Coastal Labrador communities. That was done

in the absence of any labour market adjustment policy.

Why does it need to be done differently today? Isn't the precedent already

there to deal with these situations?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I ask members for their co-operation.

The hon. the Minister of Finance and President of Treasury Board.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, from day one in these negotiations the nurses'

union have maintained that this is about recruitment and retention. We know that

there have been market adjustments utilized, and are being utilized, by our

health boards. There have been, for example, sign-on bonuses, there have been

other types of recruitment incentives, and they have been working.

The market adjustment is something that, as a government, we need to allow

flexibility to address situations in exceptional circumstances, in hard-to-fill

positions. It allows us, as a government, to deal with the issue of recruitment

and retention, and that is what the nurses have asked us to do. That is what we

have been doing.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It is true, though, Minister, that this clause will allow you, as a

government, to arbitrarily negotiate with individuals within the health care

system and therefore bypass the union altogether, and give government that

responsibility, and not have to deal collectively with their union process?

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: I reiterate, Mr. Speaker, that what this clause allows us to

do is to address recruitment and retention, which we were told by the nurses'

union is their number one concern.

I say to you, Mr. Speaker, that 30,000 other public sector employees have

agreed to these clauses, that we have all of the major unions which have agreed.

So, in essence, we have a clause that is being made the focus of an intention by

the nurses' union to further a national agenda, because from day one the

president of the union has said we are going to take the government to court.

Well, I suggest to the president of the union and her legal advisors that

they might want to have a closer read of that B.C. health services case than

they have done so far.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

What I hear is the minister admitting that negotiating with the union on

specific cases, like happened with benefit agreements for recruitment and

retention in Labrador, did work and there needs to be no additional clauses.

Mr. Speaker, what I do not understand is, in a time when there is a

recognition by the government opposite that we have a serious deficiency in the

nursing profession in this Province, why they would be threatening nurses to

legislate them back to work if they were to take strike action under conditions

and negotiated conditions other than what is on the table today. Why would you

do that?

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, I became the Minister of Finance when the world

was turning upside down from a financial perspective. We have seen the jobs that

have been lost across this country. We have seen the jobs that have been lost in

Grand Falls-Windsor. We know what is going on in Labrador West.

To offer a starting nurse, to say to him or her, your salary will be $60,000

after this contract, or by the time it ends, it is a 31 per cent raise. To say

to a senior nurse, 72 per cent of which are on step seven, that you will get a

27 per cent raise, we will make you the highest paid nurses in Eastern Canada -

east of Ontario, excuse me - Mr. Speaker, I say is more than generous.

Sixty thousand dollars to start in a profession is not bad, especially in

these economic times, and, for the life of me, I cannot see why we are stuck on

this market adjustment clause, other than the union has another agenda and that

is what is going on here.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Yesterday government released an external report into the Province's child

protection system, which demonstrated very little has changed since the 2003

murder of Zachary Turner. In fact, Mr. Speaker, the report identified five

systematic barriers to the achievement of a baseline standard of Child, Youth

and Family Services.

I ask the Minister of Child, Youth and Family Services - we know that your

government has taken many necessary actions since receiving this report,

including the acceptance of its ten recommendations. I ask you today if you can

tell the public what the plan and timelines are for addressing these key

findings in the report.

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, we have received the report from Susan Abell, as I

had released yesterday and mentioned here in the House of Assembly. As Ms Abell

points out in the report, and something that this government has reiterated as

well, in order to truly be able to address the issues that we have in Child,

Youth and Family Services right now, a series of quick fixes is not going to do

it, and Ms Abell says that in her report. She indicates that it is going to take

years for us to be able to have the system that we absolutely need in this

Province. We are committed to do that, Mr. Speaker.

One of the first actions that I will be taking is to appoint the leadership

team. We are going to need people who have a very strong background in social

work and social work theory, and case management and risk assessment, and who

understand the child protection process. I am hoping within the next week or so

to have that leadership team in place.

We are going to take each of the areas that have recommendations. We are

going to work with the existing division, the executive, and through that

leadership team we are going to have action plans, we are going to have time

frames, so that we can monitor our progress and see how we are doing; but, Mr.

Speaker, we are determined that we are going to address all of these

recommendations and build the best system we possibly can build.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

One of the key systemic barriers to the improvement of Child, Youth and

Family Services that was identified in the report was the lack of leadership,

and I certainly thank the minister for acknowledging that and indicating what

her intentions are.

After the release of the Turner Review in 2006, your government committed to

engage with experts from the Centre of Excellence for Child Welfare to provide

expert knowledge in the area of research and evaluation and best practices.

I am just wondering if that did occur. If so, were there any policies that

were reported, or were there any changes that took place at that time?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, there have been a number of initiatives that have

started following the Turner report. In fact this government, since 2006, has

invested, on an annual basis, $24 million into Child, Youth and Family Services.

What is important to note here, Mr. Speaker - because this is very serious

work that we need to undertake as a department - is that we cannot go at this in

an ad hoc way. We cannot go at this now and invest in training and development,

or invest in policies and procedures.

We need to take each one of these recommendations and we need to make sure

that as we address one we fit it together with the next. We need to do a

legislative review; that should drive the policies and procedures. The policies

and procedures should, in turn, drive the staff development and training that

needs to take place. That, in turn, should assist in quality control.

So what we need to be careful of, is no matter what has been done up to this

point, we need to make sure that we look at every piece of the puzzle and

everything fits together; because, unless it is done with an integrated

approach, Mr. Speaker, we will not be able to build the best system that we

need.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Government funded 129 new social worker positions since 2006, and I think the

minister indicated that yesterday. Yet, the report notes that only 50 per cent

of the children in care had the base monthly visit from a social worker, and

only 12 per cent of the children in protective care had such visits.

I ask the minister today if this was a result of vacancies in these social

work positions and if there was a problem with trying to fill them. If it was,

has that now been resolved?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, there is no quick or simple answer to why the

social workers did not see the children as required under the minimum

requirements in their jobs, but I will talk about the workforce instability

because that is something that has plagued this system.

What happens, Mr. Speaker, is people who come in to do child protection work

do the most difficult form of social work and they are in the most highly

accountable positions that they can be in. Within the whole system, whether it

is Health and Community Services or Child, Youth and Family Services, a social

worker always has the option to apply on an internal competition to another

position, whether it is in mental health or addictions, continuing care, youth

corrections, youth services, whatever.

What happens, Mr. Speaker, is most people will try to get out of these highly

accountable positions because of the responsibility that these positions entail,

and the pay is equal for each and every social work position, including the

people doing child protection. So a lot of times we have had case turnover

because we have the newest, most inexperienced workers coming into these

positions who are seeking out other options within the health care field.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The Clinical Services Review analyzed a random sample of 400 active cases in

Child, Youth and Family Services, and deficiencies were identified in close to

20 per cent of those cases.

I ask the minister: Have the cases where a deficiency was identified been

reviewed since you first received the report, and how will you deal with the

more than 9,000 other files that have not been reviewed to date?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, in the review that was done by Susan Abell and her

colleagues there were sixty-eight cases out of the 400 that were sent back to

the regions for immediate follow-up, so they identified gaps that needed

follow-up. In addition to that, Mr. Speaker, what we have instructed was, we

want every case on the protective intervention caseload reviewed so that any

gaps in services that are identified will need to be addressed. This has been an

ongoing piece of work within the regional health authorities.

In addition to that, Mr. Speaker, based on this report, it also notes that

there were a number of cases that were screened out from receiving services;

however, they did have a previous file with Child, Youth and Family Services or

were recently terminated from the services. I have also asked that the

authorities go back, review the cases that were screened out, that had previous

intervention with the division, and to ensure that there is an appropriate

critical analysis done to either confirm that it should be screened out or to

provide the appropriate service.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, the Child, Youth and Family Services Act itself

highlighted the harmful effect of judicial delay for child protection services,

and our office has also heard stories of a two-year wait to have a child

protection case heard in court. We know that your department has taken a lead on

bringing changes to our court system and to reduce delays for child protective

intervention.

I am wondering if the Minister of Justice, I guess, could give us an update,

and whether your department has implemented the alternative dispute resolution

process that was announced back in 2008.

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, we are committed to doing a legislative review of

the act that guides the work of Child, Youth and Family Services. It also says

in the report that the legislation we have now is not sufficiently

child-focused, and there is balance that needs to happen. This is a debate that

happens right across the country, probably across North America and the world,

where we have child protection services. There is a pendulum that swings between

the preservation of the family or the rights of the child, and be child-focused.

Mr. Speaker, it seems at this point in time we are probably more leaning

towards family preservation, which is still a very important concept as we work

through these issues, but in saying that we also need to make sure that our

legislation is child-focused as well.

As we do this legislative review we will certainly try to strike the balance

that is absolutely necessary with one thing in mind, and that is the protection

of the children.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Also with regard to protective intervention programs, the authors of this

particular report noted that when they were investigating complaints of child

maltreatment, that social workers' evidence - I guess there were collections

of information and documentation and interviews and some other evidence - was

not necessarily documented appropriately in case files.

I ask the minister today: What immediate measures is your department taking

to ensure that this approach to these investigations into child maltreatment is

being documented in a more appropriate manner?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, one of the recommendations from the Abell report

also includes documentation, so there is going to need to be significant work

done in that area; but, at a minimum, because the reports or the files probably

have not been documented appropriately, we have asked - and I have said this

before, and this should capture some of the issues with documentation - we have

asked that all files under the protective intervention caseload be reviewed so

that we can identify gaps and provide the appropriate intervention.

I have also asked that critical analysis be done on the cases that were

screened out. Again, if the documentation was the problem, or it was not

documented appropriately and they got screened out, they should be captured in

this review so that the appropriate services can be applied.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The report also noted that 22 per cent of the children in care and 21 per

cent of the youth in care had been in the child welfare system previously, and

it also notes that fewer than 10 per cent of protective intervention cases

contained the family centered action plan.

I ask the minister today: What will be done to give parents the skills and

resources to provide their children with a healthy, safe, life home and to end

this instability that have been existing in these caseloads?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, that is a very important question that was just

asked because we are here saying now that we want the preservation of the family

as opposed to taking the child out, and that is exactly what Susan Abell said

was one of the criticisms of this legislation that we are working under right

now, that it is not child focused. So we need to be able to look at the

protection of the child and put that as our first priority as opposed to

preserving the family.

Mr. Speaker, there is also a very sobering statistic that I would like to

share with the people in the House of Assembly today. Even when the most

intensive, in-house interventions are provided to parents in their homes,

studies will reveal that still 40 per cent of children in those homes will

suffer re-abuse.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Just to switch to the Minister of Natural Resources.

Eighty-seven silviculture workers in Central Newfoundland have run out of

work in the woods and they are wondering when government is going to launch its

program with regard to silviculture. There are 3 million seedlings and 1,100

hectares of land, I think, to be planted and many of these workers are unsure if

they are going to be recalled to work.

I ask the minister today: What the plan is for these employees?

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

Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

There are several agencies that do silviculture in our timberlands in this

Province. As a government, we have people, silviculturists who work for the

government and do work on behalf of the government. Abitibi had silviculturists

who worked for them and were under the CEP and worked under that organization.

We have a non-profit organization that operates in the Province who does

silviculture work in the Province.

In terms of our own government program, Mr. Speaker, that work is proceeding

as it does on an annual basis. In terms of the silviculturists who were affected

by the shutdown of Abitibi, we are working very closely with them, Mr. Speaker,

to try and be innovative and find ways to get the work that Abitibi normally

would have done, completed this season.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, I understood that there was a five-year

silviculture agreement that existed between the Province and AbitibiBowater, and

these eighty-seven employees have been telling me that there is something like 3

million seedlings that need to be planted. They thought they would start work a

week ago but they have not been notified and had any response from government.

So I ask the minister today: Can she give a firm commitment that these people

will indeed have a job and that these seedlings will be planted this spring?

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

Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Yes, Mr. Speaker, there is an agreement between the Government of

Newfoundland and Labrador and Abitibi for silviculture work. Abitibi was

responsible for having that work done. The silviculture people who did that work

were part of the CEP, separate from government's silviculture program and also

separate from a silviculture program that is also delivered by a non-profit

agency.

Our program is going ahead as per usual, Mr. Speaker. We are trying to work

with Abitibi and with the silviculturalists and their union to find an

innovative way to get Abitibi's work done, because Abitibi has indicated that

they are not going to do the work. We are finding a way, working with the union,

to ensure that that work goes ahead and hopefully we will be able to make an

announcement in the very near future.

SOME HON. MEMBERS: Hear, hear!

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

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

On March of this year, the last remaining pulp and paper mill in the

Province, Corner Brook Pulp and Paper, announced an eight-week shutdown of the

number four paper machine, resulting in a temporary layoff of thirty unionized

workers. This shutdown was scheduled to be from March 22 to May 17. This week,

the company announced that the machine will not be brought back into operation.

It will remain idle, indefinitely, and those thirty workers will remain

unemployed.

I ask the Minister of Natural Resources: What, if any, discussions have been

ongoing between government and the company with respect to number four and to

ensure that it will re-operate in the future?

MR. SPEAKER: The hon. the Minister Responsible for the Forestry Sector.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, first of all I have to correct the Opposition House Leader.

Thirty people were not laid off. Thirty people were affected. In fact, there has

been no job loss. There has been hours of workers on the call-in list affected

but there have been no layoffs permanent or temporary as a result of the

shutdown of number four.

Now, Mr. Speaker, Corner Brook Pulp and Paper made it quite clear in their

announcement yesterday that markets have not improved. In fact, one of their

largest customers does not have the need and requires less paper.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS DUNDERDALE: So, because of those circumstances, number four will, from

a month-to-month basis, continue to be shut down.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

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

Mr. Speaker, we know that there is a great deal of anxiety felt by offshore

workers and their families about the resumption of the helicopter flights to the

offshore installations. We have heard from some of these workers that even after

the company briefings they are still very concerned that flights could be

starting as early as Monday of next week. Industry is adhering to the standards

required to operate in the offshore but the anxiety among workers is that the

standards are not good enough.

Mr. Speaker, I ask the Premier: Will this government bring to the

Canada-Newfoundland and Labrador Offshore Petroleum Board a request that the

board include in its review the review that is carrying out regarding

helicopter transport the question of the adequacy of safety standards?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The transportation of workers offshore by helicopter is regulated by

Transport Canada Aviation. The Leader of the NDP is correct in saying that the

C-NLOPB does have a role in terms of its chief safety officer, in also ensuring

that the mode of transportation is safe and secure, and that is their job. They

have a primary concern with the safety of employees on helicopter travel back

and forth to the rigs. We have every confidence, Mr. Speaker, that they will

exercise that responsibility; do everything that they can to ensure that the

safety of workers is protected.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

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

Since the March 12 accident, safety in the offshore has become a very public

matter.

Mr. Speaker, on March 23 we asked if government would support making public

the safety audits for all areas conducted by the C-NLOPB and, Mr. Speaker, at

the time the Minister of Natural Resources said she would take the request under

advisement.

So, it has been almost two months now, Mr. Speaker, and could the minister

update the House on her efforts in this regard?

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

Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, this government is very concerned with safety in the offshore.

Even though we do not have any direct responsibility for the safety of our

offshore workers, it is something that we pay a great deal of attention to. Even

more emphasis has been brought to it, given the tragic circumstances that we

have had to deal with in the last several months.

We are very pleased with the processes that are in place. We have confidence

in Transport Canada Aviation, and we are very pleased that the board is doing

its own inspections, doing its own review of the safety methods.

In terms of releasing information, Mr. Speaker, we always encourage all of

our boards and agencies where it is - there is no comprising to individuals, or

to the work of the board or the agency that they make as much information

available to the public as they can.

MR. SPEAKER: Order please!

The time allotted for questions and answers have expired.

Presenting Reports by Standing and Special Committees.

Tabling of Documents.

Notices of Motions.

Notices of Motion

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

Board.

MR. KENNEDY: Thank you, Mr. Speaker.

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

entitled,

An Act To Amend The Income Tax Act, 2000. (Bill 29)

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Tourism, Culture and Recreation.

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

introduce a bill entitled,

An Act To Amend The Wildlife Act. (Bill 30)

Thank you, Mr. Speaker.

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Natural Resources and Deputy Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Repeal The Government Kruger Agreement Act.

(Bill 31)

MR. SPEAKER: Further notices of motion?

The hon. the Government House Leader.

MS BURKE: Mr. Speaker, Monday being a holiday, by leave we would like to

read the private member's motion for next week, if that is possible.

MR. SPEAKER: Order please!

Does the hon. member have leave to read the private member's motion into

the Order Paper today?

AN HON. MEMBER: By leave.

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

MR. VERGE: Thank you, Mr. Speaker.

I would like to move the following private member's resolution:

WHEREAS Members of the European Parliament decided on May 5, 2009 - by a vote

of 550 in favour, 49 against and 41 abstentions to ban the commercial trade

of seal products in European Union countries, with two derogations:

(

a) the import of seal products shall also be allowed where it is of an

occasional nature and consists exclusively of goods for the personal use of the

travelers or their families. The nature and quantity of such goods may not be

such as to indicate that they are being imported for commercial reasons;

(

b) the placing on the market shall also be allowed for seal products that

result from by-products of hunting that is regulated under national law and

conducted for the sole purpose of sustainable management of marine resources.

Such placing on the market shall only be allowed on a non-profit basis. The

nature and quantity of such products shall not be such as to indicate that they

are being placed on the market for commercial reasons.

AND

WHEREAS the next step to bring this ban in effect is a decision of the

Council, representing each of the twenty-seven EU national governments; and the

Council is expected to consider the matter in June of 2009;

AND

WHEREAS it is the height of hypocrisy for European Union countries to ban

the commercial trade of products from the Canadian seal harvest - which is

ecologically sustainable, economically sustainable, tightly regulated and humane

- while permitting the harvest, culling and hunting of animals within their own

jurisdictions and the commercial trade of products from such activities;

AND

WHEREAS the Council of the Federation on May 11, 2009 discussed the

proposed trade ban on seal products by the EU at the request of Newfoundland and

Labrador's Premier and Nunavut Premier, Eva Aariak, and expressed a strong

objection to the EU's proposed ban, which is not based on fact or on

scientific information and could be inconsistent with World Trade Organization

obligations and with the commitment made by leaders of the G-20 meeting on April

2, 2009, to refrain from imposing new trade barriers;

THEREFORE

BE IT RESOLVED that the House of Assembly, by way of letters from

the Speaker on our behalf, calls on the government of each European Union

country to direct their representatives on the Council to vote against the ban

on the trade of seal products within the European union;

to challenge the ban immediately, vigorously and persistently before the World

Trade Organization if such a ban is finally imposed.

This motion, Mr. Speaker, is seconded by the MHA for Bellevue District.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further notices of motion.

The hon. the Government House Leader.

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

move that the House not adjourn at 5:30 p.m. on Tuesday, May 19, 2009.

Further, I give notice, under Standing Order 11, I shall move that the House

not adjourn at 10:00 p.m. on Tuesday, May 19, 2009.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I ask members the Chair is having great difficulty hearing the direction

that is coming from the Government House Leader.

Further notices of motion.

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

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

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

I appreciate an opportunity to present my eighth petition in this House on

behalf of the residents of Southwestern Newfoundland, in the communities from

LaPoile, Rose Blanch, Grand Bruit, Isle aux Morts, Burnt Islands, Fox Roost-Margaree,

Port aux Basques, Cape Ray, and the Codroy Valley, with respect to the lack of

dialysis facilities and services in that particular region.

As indicated earlier, we have been trying to get the attention of the

Minister of Health for quite some time now. In fact, he did have a meeting with

council in Corner Brook on this issue some months ago. He undertook, at that

time, to get back to them. We assumed that would be in this century at least,

but so far he has not even seen fit to deliver a letter to them, acknowledging

that he had the meeting, or that he was having anyone look at the issue and so

on. I guess you can say he paid lip service to the issue.

Hopefully government will, as a result of raising the issue here, and the

other people who are protesting the current sad situation that exists, hopefully

he will have somebody directed in Western Health to at least look at this issue.

Now, I understand there is a committee currently in place at the hospital

there, consisting of the chief of staff, and he is also talking to the person

there is a doctor in Corner Brook who looks after the dialysis services and

actually provides the service and the care for the residents from that area who

have to travel to Corner Brook. Hopefully, once we get some issues resolved

there is an issue, for example, of what space in the building would be used,

should such a service come about, and the actual design of the service. For

example, do all eight or nine or ten of these people need the satellite-based

system or are there some who, for example, can use home dialysis? Those types of

things are currently being looked at, but we do know that not all of them will

be suitable candidates for home dialysis so we are still going to have the issue

at the end of the day, and it is an issue that has been there for quite some

time and needs to be addressed.

We have seen government deal with it in certain areas of the Province. They

have dealt with it in St. Anthony. They have dealt with it in the Burin

Peninsula region and so on. Labrador West is also now on the radar as needing

similar type services, and hopefully government will address it. Certainly, the

people in my part of the Province that I represent are no less citizens and no

less deserving of care than most other persons in the Province, and if you can

see fit to do it in those then I suggest it is only fair that you see the

service is extended to the people of Southwestern Newfoundland.

Mr. Speaker, the people out there have their heads turned to the issue. The

people in Western Health, I understand, have their heads turned to the issue. If

we could only get the head of the Minister of Health tuned in to the issue and

he would get on to it with his staff we might see something happen, because at

the end of the day the Department of Health has to sanction that this be done.

Hopefully, the minister will tune in to the issue and at least respond that

he is even aware and cognizant of the issue and that he is prepared to have a

look at it. That would give the people there at least some sense of hope and not

be totally desperate as if this government and that minister in particular seem

to just not even care that it exists.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions.

The hon. the Member for the District of Port de Grave.

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

It is a pleasure to stand today and present another petition on behalf of the

residents of not only Pilley's Island and Long Island, but from Triton, Grand

Falls-Windsor, and even relatives and friends here in St. John's, Robert's

Arm, Triton and so on. I guess it just goes to show that this petition is

receiving tremendous support, not only on the island where the people have the

concern but their friends and relatives throughout the full area.

I have to say it is a pleasure to stand today and support the residents of

that area, as well as the Long Island Causeway and Transportation Committee

and even the MHA in the area. I know I saw an

article in the paper where he said

that his hands were not tied and he was not muzzled, but I just want to stand

and support him and the residents so that their petition is brought forward on a

timely basis. They are continuing to come in, Mr. Speaker. I know I have enough

now until the House closes, but I will double them up if I get too many more.

Mr. Speaker, it is a very serious issue. Those people were promised a

causeway, even though they have had a good ferry system for some time. In their

petition they even state if they received a good replacement ferry or a fixed

link - that was their request - but their petition is solely for a fixed link

between Long Island and Pilley's Island.

Those residents, and I know I have said this time and time again, have many

concerns, whether they are medical concerns, getting people back and forth to

the hospital in a timely manner, and more so in the winter months when the ice

gets in and they do not know if the ferry is even going to get there for them,

and many times they have had to call upon search and rescue helicopters and so

on. With a causeway all of those issues can be resolved.

Those people are calling upon government to reconsider their decision. Even

though they made a promise back in 2003, they reneged on it, just temporary

first, saying that it was a financial situation, but since then they have been

advised that this fixed link is not an issue with them, they will not look at

this possibility again.

On behalf of the residents, I stand today and present this petition.

Hopefully, government will reconsider, seeing the petitions that are coming in

from that particular area. People say that this causeway, when it comes to the

financial aspect of it, they say in the long run this is the most feasible

venture, a fixed link, rather than a new or some other form of ferry service.

Mr. Speaker, I just present this petition today on behalf of those residents

with regards to the Long Island causeway.

Thank you very much.

MR. SPEAKER: Further petitions?

The hon. the Opposition House Leader.

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

I appreciate an opportunity to present an eighth petition on behalf of the

residents of Ramea, Grey River and Francois with respect to the current medical

services situation that exist in those communities.

All three, of course, are serviced from the medical clinic, which is

stationed in Ramea. The persons who work there, obviously, they go down the

coast and do coastal clinics on a periodic basis as well into Ramea and into

Francois.

As indicated earlier to this House, the problem, of course, is that there is

supposed to be two nurse practitioners servicing that particular area and there

is only one. Again, they brought the matter to the attention of the authorities

at the Calder Health care Centre in Burgeo, which looks after the services, as

well as to the people at Western Health. The issue is we cannot attract the

additional nurse practitioner that is needed.

We have suggested to government that maybe they should look at changing the

existing retention and recruitment. We even had questions in Question Period

today where we have talked about specially negotiated agreements with Coastal

Labrador, for example, to get the needed personnel there. So we are wondering

again, why doesn't government look at such a solution as that as a possibility

to attracting this additional person there? We have whole communities that are

without medical service. One person cannot work seven days a week, twenty-four

hours a day for 365 days a year. She needs to get rested. She needs to get a

break like anybody else. She cannot be on twenty-four-hour call all year round.

Now, they have tried to fix the service by bringing in an LPN and an RN

actually from Burgeo from time to time, but that is not sufficient. You are

always left short when you only have one person of the quota that is there. You

are always dependent on somebody else coming in, and you do not always get it.

Any time you do not get it, the communities are at risk.

I am hoping, of course, that the Member for Fortune Bay-Cape la Hune will

stand up and support me on that issue as well, or at least acknowledge that she

is aware of the issue. She represents one of those communities. Of course, the

more pressure we can bring to bear and highlight this issue and the concern for

this issue the better. Albeit, we are on opposite sides of this House, it would

certainly be helpful if that member would, in fact, endorse even in writing that

she is aware of the concern, that she supports the concern because working

together on an issue like this everybody gains. Nobody loses if this issue is

brought to the attention of the minister as a joint co-operative package rather

than be seen as somebody in Opposition bringing it forward.

It needs to be solved, and it is much easier solved if we have both parties

involved. I would encourage the member for that particular district to get

involved. It is her constituents that are in need of this service as well and I

look forward to her standing and giving me support on this issue.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

Orders of the Day.

Orders of the Day

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

MS BURKE: Mr. Speaker, I move Motion 8, pursuant to Standing Order 11

that the House not adjourn at 5:30 o'clock p.m. today, being Thursday, May 14,

Further, Mr. Speaker, I move Motion 9, pursuant to Standing Order 11 that the

House not adjourn at 10:00 p.m. today, being Thursday, May 14, 2009.

MR. SPEAKER: Order please!

The motion is that this House do not adjourn today at 5:30.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

A further motion that this House do not adjourn at 10:00 o'clock today.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

SOME HON. MEMBERS: Nay.

MR. SPEAKER: The motion is carried.

The hon. the Government House Leader.

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services to ask leave to introduce a bill entitled,

An Act To Amend

The Occupational Health And Safety Act. (Bill 23)

I further move that the said bill be now read a first time.

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

Government Services shall ask leave to introduce a bill,

An Act To Amend The

Occupational Health And Safety Act, Bill 23, and that the said bill be now read

a first time.

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

introduce Bill 23, and that this bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act To Amend The Occupational Health And Safety Act," carried.

(Bill 23)

CLERK: A bill,

An Act To Amend The Occupational Health And Safety Act.

(Bill 23)

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services, to ask leave to introduce a bill entitled,

An Act

Respecting The Registration Of Births, Marriages, Deaths And Other Vital Events,

Bill 24; and I further move that the said bill be now read a first time.

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

of Government Services shall have leave to introduce a bill entitled,

An Act

Respecting The Registration Of Births, Marriages, Deaths And Other Vital Events,

Bill 24; and that Bill 24 be now read a first time.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act Respecting The Registration Of Births, Marriages, Deaths And Other

Vital Events," carried. (Bill 24)

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that

Bill 24 be now read a first time.

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting The Registration Of Births, Marriages,

Deaths And Other Vital Events, Bill 24.

MR. SPEAKER: Bills 23 and 24 have now been read a first time. When shall

the said bills be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bills 23 and 24 read a first time, ordered read a second time on

tomorrow.

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. the Minister of

Government Services, to ask leave to introduce a bill entitled,

An Act To

Provide For Change Of Name, Bill 26; and I further move that the said bill be

now read a first time.

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

of Government Services shall ask leave to introduce a bill entitled,

An Act To

Provide For Change Of Name, Bill 26; and that this bill be now read a first

time.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act To Provide For Change Of Name," carried. (Bill 26)

MR. SPEAKER: Is it the pleasure of the House that Bill 26 be now read a

first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act To Provide For Change Of Name, Bill 26.

MR. SPEAKER: Bill 26 has now been read a first time. When shall the said

bill be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 26 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of

Government Services, to ask leave to introduce a bill entitled,

An Act

Respecting Marriage In The Province, Bill 25; and I further move that the said

bill be now read a first time.

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

of Government Services shall have leave to introduce a bill entitled,

An Act

Respecting Marriage In The Province, Bill 25; and that Bill 25 be now read a

first time.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act Respecting Marriage In The Province," carried. (Bill 25)

MR. SPEAKER: Is it the pleasure of the House that Bill 25 be now read a

first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

CLERK: A bill,

An Act Respecting Marriage In The Province, Bill 25.

MR. SPEAKER: Bill 25 has now been read a first time. When shall this bill

be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 25 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. the Minister of

Justice and the Attorney General, to ask leave to introduce a bill entitled, An

Act Respecting The Public Trustee, Bill 27; and I further move that the said

bill be now read a first time.

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

of Justice and the Attorney General shall have leave to introduce a bill

entitled,

An Act Respecting The Public Trustee, Bill 27; and that Bill 27 be now

read a first time.

Motion, the hon. the Minister of Justice and the Attorney General to

introduce a bill, "An Act Respecting The Public Trustee," carried.

(Bill 27)

MR. SPEAKER: Is it the pleasure of the House that Bill 27 be now read a

first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Justice and Attorney General to introduce a

bill, "An Act Respecting The Public Trustee," carried. (Bill 27)

CLERK: A bill,

An Act Respecting The Public Trustee. (Bill 27)

MR. SPEAKER: Bill 27 has now been read a first time.

When shall the said bill be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 27 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Justice

and Attorney General, to ask leave to introduce a bill entitled,

An Act To Amend

The Provincial Court Act 1991, Bill 28, and I further move that the said bill be

now read a first time.

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

of Justice and Attorney General shall have leave to introduce a bill entitled,

An Act To Amend The Provincial Court Act 1991, Bill 28, and that this bill be

now read a first time.

Is it the pleasure of the House that Bill 28 be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Justice and Attorney General to introduce a

bill, "An Act To Amend The Provincial Court Act, 1991," carried. (Bill

28)

CLERK: A bill,

An Act To Amend The Provincial Court Act, 1991. (Bill 28)

MR. SPEAKER: Bill 28 has now been read a first time.

When shall Bill 28 be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

On motion, Bill 28 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, from the Order Paper, I call Order 5, second

reading of a bill,

An Act Respecting Chiropractors. (Bill 8)

MR. SPEAKER: It is moved and seconded that Bill 8,

An Act Respecting

Chiropractors, be now read a second time.

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

Chiropractors." (Bill 8)

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

Mr. Speaker, this bill that the government is putting forward now should

enhance the practice of chiropractors in the Province. This new legislation, the

Chiropractors Act, 2009, serves to enhance the governance and disciplinary

procedures for chiropractors in the Province. These changes improve the public

protection by placing greater accountability on the part of the chiropractic

profession and it highlights their responsibility to the people that they serve.

The new act sets out an open and transparent disciplinary process which is

regulated by the Newfoundland and Labrador Chiropractic Board. This process

grants the board the appropriate powers and authority to investigate allegations

of wrongdoing by the chiropractic profession.

In addition, Mr. Speaker, this new act provides the capacity for

chiropractors to form a professional corporation, which is a current practice

with other professionals including physicians and dentists and optometrists,

bills that had been introduced in this House earlier, Mr. Speaker.

Given that the ability to incorporate is common in many other Canadian

jurisdictions, this additional professional act will assist to make Newfoundland

and Labrador a more competitive Province in attracting and retaining

chiropractors. The act reflects new governance arrangements and disciplinary

procedures adopted by the provincial government and incorporated in other

legislations governing other disciplines such as massage therapists, veterinary

medicine, pharmacy, ophthalmology, medicine, physiotherapy, dentistry and

others; all have been introduced in this House in the past.

You may recall the origin of these changes, and amendments to these, together

with other and all self-regulating disciplines, will eventually be covered by

these changes. It comes about as a result of a White Paper on self-regulating

disciplines.

All of these measures all reflect our government's commitment to make sure

that we have quality patient care and have the necessary regulatory and

legislative structure to ensure that we govern the people who provide those

services.

The bill itself, the Explanatory Note is pretty straightforward, "This

Bill would revise the law respecting the regulation of chiropractors."

There are a couple of things that I think are important which speak to the

thrust of the bill that I just want to highlight.

It talks about the board itself, and I just want to bring to members'

attention the board's composition. There are six members elected from and by

chiropractors, in accordance with their own bylaws, who sit on this board. There

will be three members that will be appointed under

section 5 of the legislation,

who are not chiropractors. The board shall elect from among the elected members

a chairperson and a secretary-treasurer. That it the composition of the board

that we are talking about.

I will not read each

section of the bill, but given the thrust of the

legislation I do want to speak to a couple of pieces here. The board shall

register as a chiropractor and issue a licence to practice chiropractic to a

person who (

a) pays his or her professional dues. The individual will hold a

degree or a diploma in chiropractic from the Canadian Memorial Chiropractic

College, a university or college within Canada recognized by the Council of

Chiropractic Education (Canada) or another program that the board considers to

be of their equivalent, making sure that there is an appropriate credentialing

process if you are to be registered to practice chiropractic in this Province.

The other thing that this intends to do, which is a big thrust of this, is

there is a complaints and disciplinary panel. From within the board itself, the

board shall appoint at least three of their members, at least one of whom is a

member appointed under

section 5, which is the public sector piece.

Section 5

speaks to those individuals who are on the board who are not practising

chiropractors. They will constitute a complaints authorization committee.

So individuals or the general public who have a complaint with respect to the

conduct or behaviour or practice of a chiropractor has an ability to register a

complaint with this board and the complaint will be heard. This provides for an

element of protection, which is the whole reason for legislation such as this.

It provides for an element of protection for the consumers of the Province. The

residents of Newfoundland and Labrador who avail of those services have some

element of protection.

Some of the other points that I want to raise with respect to the bill, Mr.

Speaker, because they are consistent with the other legislations that we have

introduced in this House to deal with self-regulating disciplines, it talks

about the whole complaint procedure and how that process works. If individuals

are not necessarily happy with the results of that, there is a process through

the court to ensure that if you feel aggrieved in some fashion there is a

mechanism through a complaint procedure together with a court to ensure that you

had an opportunity to have a true and fair hearing of the complaints that you

have made.

Mr. Speaker, this is a significant bill in that it deals with the practice of

chiropractic in this Province, and chiropractors in this Province. It is a

significant bill in that it provides an element of protection for the consumers

of this service in Newfoundland and Labrador, and it is a bill that provides a

consistency in how we actually regulate and govern self-governing professions in

the Province. So this legislation now will mirror that which is provided to

other disciplines. As a benefit to the chiropractors, obviously, this

legislation now gives them the opportunity to become incorporated.

Mr. Speaker, inasmuch as it is a significant bill, it has a significant

element of protection in here and it is intended to provide a greater degree of

transparency and openness in a practice such as this, but it is to some degree

consistent with everything else we have done in this House with these other

disciplines.

I will not spend a great deal more time talking about the bill because it is,

to some extent, somewhat straightforward. It grows out of a White Paper. This is

one of many that we have done. There are still a few more to be done, and we

will introduce legislation in this House in the future to make amendments to the

further legislation.

Given the fact that we have done this many times in this House to many other

disciplines, this legislation has become somewhat routine, I say, Mr. Speaker,

so I will end my commentary but I would move, seconded by my colleague, the

Minister of Justice, that we would pass this bill in the Legislature and I await

any comments from the Opposition. When we get into Committee, I will be only too

glad to answer some questions.

MR. SPEAKER (T. Osborne): The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I certainly wanted to speak to Bill 8 today,

An Act Respecting Chiropractors

and chiropractic in the Province. Mr. Speaker, most people in the Province are

familiar with chiropractic, and what it is all about, but the bill today speaks

to the occupational regulations of the profession. It comes as a result, as what

the minister said, in 1996 there was a White Paper that was released, titled:

Challenging Responses To Changing Times, and it was a new proposal for

occupational regulation.

As a result of it, Mr. Speaker, it encouraged a critical look at

self-governance in all different professions. In fact, in many of these

professions right now, including psychology, psychiatry, physician services, the

legal practice, in all of these different professional areas we have already had

a very critical look at the self-governance process and have enacted in this

House of Assembly legislation regarding a number of these professions already.

Mr. Speaker, the goal of the White Paper on occupational regulation was to

encourage very comprehensive and consistent practices within the Province. That

means that every single chiropractor, every single chiropractic business would

have the same act. They would have the same regulations. They would have the

same consistency within their scope and their practice that was permissible

under law in Newfoundland and Labrador.

The other purpose, Mr. Speaker, was to improve public protection through the

establishment of efficient and effective disciplinary mechanisms. Mr. Speaker,

that is very critical, because the public, no matter what the service is that

you use, they want to at least feel that they have a safeguard there, that they

are protected. They are protected in the case of malpractice; they are protected

in the case of some kind of damage or injury that could occur. More importantly,

they are ensured that once they walk through the door to seek the services of a

chiropractor in this Province, or of any other professional service, whether it

be dentistry, whether it be physicians, whether it be psychology, whether it be

psychiatry, that they are walking through the door of an office that is

regulated, that is monitored, that there is protection for their health and

welfare in place. That is very important to people today, to consumers of these

services when they go out to look for those kinds of treatments.

The other thing that the White Paper on occupational regulation looked at,

Mr. Speaker, was more public trust; more public trust in the process of

self-governance. That is to me, Mr. Speaker, that nobody is above the law.

Nobody is above the law. So that even if you are practicing chiropractic in the

Province, that if there is some reason in which your licence needs to be

reviewed, if there is a right reason why you need to be looked at independently

by a tribunal or by an appeals commission, that those mechanisms are there

because they need to be there in order for the public to have confidence in the

service that they are seeking, in order for them to have trust in the services

that they are using.

It is our job, Mr. Speaker, in the Legislature to ensure that these laws and

these regulations are put in practice for the protection of the public. It is

also to ensure that practitioners are dealt with fairly. Just like when we

passed the self-governance bills to deal with doctors in the Province and with

other professional groups within the medical field, dentistry being one,

pharmacy being another, and there were many others. Just like when we passed

those acts, there also needs to be insurance that these chiropractors will be

treated fairly. Because allegations are allegations, and while those that make

the allegations are entitled to have trust in the system, to know that there is

a process by which they can be heard and their complaints will be given fair

hearings, so do the chiropractors themselves. They need to be assured that they

are going to be dealt with fairly. They need to ensure that there is a process

as well for them so that when there are complaints made that they can go to an

independent, non-biased tribunal process and they can be given a fair hearing.

They can be given a fair hearing, and they need to have that protection in their

scope of work as well, Mr. Speaker.

So these things are very important and we realize that a self-regulated

organization, in this case being chiropractic, will protect the public and will

protect the practitioner, even though it does not look at things like the

economic interests of that particular practitioner but it does look at the

licensing. It looks at ensuring that they are given fair and reasonable

treatment.

Mr. Speaker, the public also demands that there be standards around services

like this, that there be accreditation around services like this, and I think it

is only appropriate. It is only appropriate today when you go out to seek any

professional services in this Province that those services be governed by

standards and that they be accredited. Meaning, Mr. Speaker, that there would be

laws and regulations of practice outlined by government in legislation, which is

what we are doing in Bill 8, and that those particular laws be a credited

process of how a person gets to practice in the Province.

When you look at accreditation, accreditation is done in many forms. In fact,

Mr. Speaker, part of an accreditation for a chiropractor will be in meeting the

licence requirements, will be in the kind and scope of practice that they can

conduct, will be in the educational requirement and skill requirement that they

are expected to have. That is just a few examples, but there could be a whole

host of things that are included within the accreditation of chiropractors in

the Province. Mr. Speaker, that is a standard today. It does not matter if you

are in Newfoundland and Labrador, if you are anywhere in the country, it is a

standard today that there be an accreditation process for professional services,

and we have done this with a lot of professional services in the last two, three

years in the Province.

In fact, Mr. Speaker, since the White Paper in 1996 there have been a lot of

work done in drafting what standards would apply, what regulations need to be

implemented, how these particular bills and pieces of legislation could be

updated and revamped. In fact, the Chiropractic Act itself, I think, was amended

in 1997 after that report. It was amended again in 2001 and amended again in

2006. So there has been amendments made three times since this particular White

Paper to amend the practice of chiropractic in the Province and this is just

another - not a further amendment but this is a revised act; a revised act,

which I will get into in a minute, in terms of what new additions have been

added and what things have been changed in that act. There have been some new

things added and there have been some changes but for the most part the scope of

the practice have been maintained and those things stay the same.

So, Mr. Speaker, just a little bit about chiropractic I suppose, first of

all. It is a practice that has been ongoing in Canada since the early 1900s. In

fact, Alberta was the first province in the country to bring in chiropractic

services and to regulate the profession under legislation, and that was done in

their Parliament in 1923.

Mr. Speaker, there are other provinces across Canada that eventually

followed, because that is normally the trend. When things happen in the country,

there is always one province that will enact or enforce legislation around a

certain practice and then others will follow. In the country, chiropractic was

first regulated under law in Alberta in 1923. It was after that that other

provinces, as well, started to follow suit.

Mr. Speaker, Newfoundland and Labrador was the final province to pass a

chiropractic act. In fact, in looking at the old act that I have here, we did

not pass the act around chiropractic until 1990 in Newfoundland and Labrador,

which is not very long ago, actually. I am sure most of you, like me, take the

chiropractic service now for granted, in terms of being one of the longer

standing practices that we have seen.

You know, what is ironic about all of this is that although chiropractic

services and the regulated service was not introduced in Newfoundland and

Labrador until 1990, this is indeed one of the largest primary health

professions in the whole country. In the whole country! In fact, Mr. Speaker, it

is the third largest primary health care profession in Canada. It is only third

to the practice of medicine and the practice of dentistry, and there are over

6,000 practitioners of chiropractic that are regulated throughout Canada today.

That is a large number.

I did not realize it until I was looking at this bill, and I went to do some

research around the chiropractic profession itself in the country, in terms of

looking at the statistics and the number of people that use the service, and I

was absolutely surprised, myself, to learn that it was one of the third largest

primary healthcare professions in the entire country, and realized that it came

third only to the practice of medicine and dentistry. I bet there are a lot of

people who do not realize how big this practice is and how much work is being

done by chiropractors.

Mr. Speaker, chiropractic is a profession today, a professional profession

that is established in over seventy countries around the world.

In Canada each year, there are more than 4 million Canadians who seek the

help of chiropractors for relief from muscle, joint and spinal pain conditions.

Mr. Speaker, we have all heard of people who have had injuries such as whiplash,

sports injuries, accidents in the workplace, and accidents at home. All of these

people normally end up seeking the services of a chiropractor. It is one of the

mainstays of getting treatment for a lot of these injuries, and especially to

get relief from pain and from muscle discomfort.

Mr. Speaker, there is over $8 billion spent in Canada's health care system

each year that is related to back pain and other disorders, such as shoulder

disorders, neck disorders, and things, like I have said, such as whiplash and

other injuries. Can you imagine that? That is an astronomical amount of money,

over $8 billion a year in Canada, Mr. Speaker, being spent on chiropractic

services for people who have things like back injuries, shoulder injuries and

other joint injuries. I never would have guessed that it would have cost that

amount of money.

Mr. Speaker, it is a very important service and obviously the reason why

people seek this service. It is important because it has helped so many people

gain back a quality of life that they would normally have not had. I know that,

Mr. Speaker. I have been, myself, in a couple of automobile accidents and I

know, today, if it was not for the chiropractic services that I had gotten I

would have more extensive injury today, especially in my back and in my

shoulders. I think anyone who has ever had an accident, who has been seriously

injured in one way or another, especially in terms of back pain, neck pain and

so on, they have had to seek the services of a chiropractor and they know how

beneficial it can be.

Mr. Speaker, on three different occasions in my life so far, where I have had

accidents, I have had to go and seek the services of a chiropractor in this

Province. I have to say, I am lucky, I have a great chiropractor who gives me

excellent service. In fact, I would recommend him to anyone because he has been

such a professional at what he does, and provides such excellent treatment to

the people who have used him. I, myself, Mr. Speaker, have referred numbers of

people to him over the years and he has performed miracles for them as well in

their lives in terms of getting a quality of life back, in terms of being able

to function on your feet everyday, and having to do so without that pain and

that anguish that often comes with those kind of injuries.

Mr. Speaker, he is a good Labrador chiropractor as well, born and raised in

Labrador, who now has a practice here in St. John's, a guy by the name of Dr.

Robert Burton, who owns the Burton Spine Centre. I say to all hon. members, if

you are looking for a good chiropractor there is a good one just down the road,

Mr. Speaker, here in the city.

No doubt, Mr. Speaker, there are fifty-three individuals in

this Province, fifty-two other than Dr. Burton, who have license to practice

chiropractic in Newfoundland and Labrador. Those fifty-three individuals who are

spread out all over Newfoundland and Labrador provide first class service to the

people of the Province, provide an exemplary service to people who suffer from

injuries, especially from workplace injuries.

In fact, Mr. Speaker, it was back a few years ago that,

through the lobby efforts of members in the House of Assembly and through

organizations like those that are lead by Patricia Dodd of the Injured Workers

Association, in which they lobbied government to have workers comp injured

patients able to seek the services of a chiropractor and have it covered under

Worker's Compensation. I think it was only appropriate, Mr. Speaker, because a

lot of these people who were suffering from workplace injuries needed the

services of a chiropractor and they needed to have it covered, because they did

not have the financial resources after being injured on the job, after not

having an income, not being able to even provide for their family and could no

longer work and were suffering and in pain. Mr. Speaker, they needed to go and

seek the services of a chiropractor.

In fact, Worker's Compensation does now cover that service

if it is deemed to be necessary, and I think that that is appropriate. The

concern that I do have, Mr. Speaker, is for all the people out there who need

the services of a chiropractor and it is not covered. There are numbers of them

and I have had calls from quite a few of them over the years.

I am one of the lucky people, because I had a job in which I

had insurance. I had a job which allowed me to carry insurance, so when I became

injured I was able to seek the service of a chiropractor and I did not have to

pay the full cost of that service myself. Obviously, I had to pay a portion of

the cost. Obviously there was a cap. When I went over a certain amount I had to

pay the rest myself, but it did allow me to seek those services and be able to

be covered under my insurance program.

Not everybody in the Province has an insurance program. Not everybody in the

Province who suffers from injuries, like back injury, neck injury, and severe

pain that needs the services of a chiropractor, not all of those people are

going to be workers' compensation cases and covered under that program. Not

all of these individuals are going to have an insurance program whereby they

will be covered under their own insurance program. Many of them, unfortunately,

do not have the option to seek those services unless they can financially afford

it themselves, and I find that unfortunate. I find it unfortunate because I

think that our MCP program should allow for some of that coverage. In fact, Mr.

Speaker, I do not think even our Drug Subsidy Program, in which we seek other

services and claim back a percentage of income, even looks after chiropractic. I

do not think people have any financial support whatsoever in the Province, who

need to seek the services of a chiropractor, who are outside of workers'

compensation and their own insurance program.

I think that is unfortunate because oftentimes the services of a chiropractor

will allow a person to get back on their feet earlier, will allow them to get

back to work earlier, will allow them to be able to deal with their pain in a

more effective manner, and will allow them, again, to gain back a quality of

life that otherwise would take them a longer period of time.

I think, Mr. Speaker, that chiropractic should be looked at in terms of a

service, a medical service, a medical therapy, that governments provide to the

people of the Province. Of course, Mr. Speaker, like other government therapies

and other government medicare services of this nature, they are often

cost-shared, depending on the financial situation that people find themselves

in, but today people without money or without insurance or without being injured

and receiving the benefits of workers' compensation do not have the option to

avail of these services, so it is one of these situations that I think

government should be looking at.

Mr. Speaker, I want to talk a little bit about the licensing and the

regulation of chiropractors. As you know, I have just said there are fifty-three

practising chiropractors in Newfoundland and Labrador. There are fifty-three of

them, which is a fairly large number for chiropractic services; realizing, of

course, that most of them are in the eastern Avalon Region, but there are

chiropractic services provided in almost all areas of the Province. I,

unfortunately, do not have a chiropractor in my district but I guess it is

because of the small population and the fact that it is spread out over such a

large geographic area, but I do know of many other areas in the Province that

are able to readily avail of this service, and it is a good service.

Mr. Speaker, Newfoundland and Labrador, like all other provinces, have a

minimum licence requirement and that includes a graduation from an accredited

chiropractic college, and we would all expect that would be the case. It has a

minimum of three years pre-professional university or college studies, and I

think most people would expect that would be required. As well, they have to

have passing scores on all national examinations administered by the Canadian

Chiropractic Examining Board, and they have to have all passing scores on

provincial licensing examinations.

That is only fair. There is nothing nicer than knowing that the chiropractor

that your are walking in to see tomorrow morning has had to write an exam for

national standards and provincial standards and pass those exams, and did so

with passing scores, Mr. Speaker.

It is a degree of comfort, again. It is that degree of trust in knowing that

you are getting a service from individuals who are well qualified to provide

that service and well qualified to be able to practice in that capacity.

Mr. Speaker, we were talking about lower back pain. Research indicates that

50 per cent of the population suffer from low back pain each year. Subsequently,

it is the most common reason that any person would have to visit a chiropractic

practitioner.

Mr. Speaker, next to low back pain it was neck pain and headaches, which are

the second most common reason for visiting a chiropractic practitioner,

accounting for 20 per cent of all visits to a chiropractic office.

I think those statistics are not really surprising to anybody. I think we all

know that the most common reason that anyone would have to visit a chiropractor

would be because of lower back pain. The next reason would obviously be because

of neck and shoulder pain.

Mr. Speaker, these things account for the bulk of most visits to a

chiropractic practitioner's office. Again, as I said, it is important that we

have in this Province - although we were one of the last provinces in Canada to

enact legislation and regulations around chiropractic - I think it is very

important that we have self-governing bodies around this profession. I think it

is important that we do this in a way in which the public can see that it is

open, it is transparent, it is regulated, and they can have confidence in the

services and in the system that they are accessing. It is also important that

chiropractors themselves have a fair process in which they can operate and work

in this Province and know that if there ever are allegations, if there ever are any kinds of complaints made untoward their practice, that they have the benefit

of being able to seek fairness within the system to have those allegations heard

and to have them disputed.

Mr. Speaker, chiropractic is a regulatory body. It is a self-governing

profession. It has the authority to grant licences and to grant the scope of

practice. Each province establishes a self-disciplining and regulatory process.

The bill that we are debating today changes the legislation for chiropractics

to increase the level of transparency and accountability, as I have just said.

In fact, the original bill, which I have here and had an opportunity to look at,

was only eleven pages. It is clear that the new bill, which I have here, is over

thirty pages in length. Indicating the content in itself and the length of the

content indicates that this is a much more comprehensive piece of legislation,

that it outlines a great deal more in terms of accountability, both to those who

use the service as well as to those who provide the service.

Mr. Speaker, the new bill that is being presented here today by the Minister

of Health and Community Services, Bill 8, will come into force in October of

this year. It has much more detail, as I said, than the original legislation,

and for all who wants to read, it very clearly outlines the expectations of

chiropractors in this Province.

One of the notable changes from the original legislation is that under the

old bill the board was composed of five people. Those five individuals were

appointed by the minister. Three of them were chiropractors and two of them were

non-chiropractors who were representing the public interests. In fact, what this

bill has done, it has increased the size of the board from the five members to

the nine members. It has also taken out the address in here in which the

minister would appoint the five members of the board and then has left it for

six of these chiropractors to be elected amongst their peers. Mr. Speaker, I

think that is only appropriate.

There are fifty-three practising chiropractors in this Province and they

should have the opportunity to elect the people that they want to represent them

to sit on this board. So they are asking that there be six chiropractors elected

to this nine-person board and the other three members will be non-chiropractors

that are appointed by the minister. I do not have a problem with that, Mr.

Speaker. I think it creates a balance and it shows some fairness on behalf of

the chiropractors because it gives them an opportunity now to elect the people

that they want to sit on this board to represent them and it also gives an

opportunity to have members of the public on the board. Maybe they should have

been elected as well but the act is asking that they be appointed by the

minister, and I do not necessarily have any issue with that.

We have all kinds of boards in this Province in which the Lieutenant-Governor

in Council reserves the right to make those appointments from the public. I

guess it is one of the perks or one of the benefits that you have in being in

government these days, is you actually get to appoint somebody to a board. So be

it, Mr. Speaker.

I have some confidence that the individuals being appointed to this board

will be citizens of the Province of Newfoundland and Labrador, for one; for two,

that they will be people who have a level of knowledge about the service being

provided in the public, so that when they sit there, as members of this board,

representing the broader public of Newfoundland and Labrador, that they will be

able to ask intelligent questions. They will be able to debate rules and

regulations. They will be able to hear the information, the requests that are

coming forward in a very non-partisan way although they are being appointed by

the government. So I have confidence that that would be the case, that those

conditions would be met, Mr. Speaker.

I know from personal experience that most people who are appointed from the

public to boards in this Province, no matter what party is in power or what

government appoints them, these people normally take their jobs very seriously.

They feel that there is a level of accountability on their part to the public

for having the opportunity and the privilege to be able to sit in a position

like that. Therefore, Mr. Speaker, they take their role seriously enough and

they perform it to the best of their ability.

Mr. Speaker, I do like the fact that the original legislation is being

changed and that the board is being changed, because it is important that the

very board that this bill will serve, that of chiropractic, would have the

opportunity to have some say in who sits there and who represents their

interests.

Mr. Speaker, Bill 8 is simply in keeping with all other self-governing

organizations in the Province. It is in keeping with all of the other

legislation that has been designed to date, and that governs other professional

occupations in this Province, everything from dentistry to pharmacy to

psychiatry to psychology. All of these things we have also done legislation on,

Mr. Speaker.

Mr. Speaker, I have twenty minutes or so left so I am going to take a few

minutes to get into some of the different sections in the bill and what has

changed as part of this new legislation.

As I said earlier, under the old bill we were dealing with about eleven pages

to a bill. This new bill has over thirty pages contained in it, which should

tell, in itself, that it is more comprehensive and it deals with a lot more

issues, especially with more accountability and transparency issues. These

things are, in fact, very important and very important to the public.

The old bill, Mr. Speaker, was amended several times, because the White Paper

that talked about self-governing of professions in the Province was done in 1996

and under that particular bill it made the recommendation that all professions

should have a self-governing practice and regime. Of course, since 1996 the old

chiropractors act was amended several times. It was amended in 1997, in 2001,

and again in 2006.

Mr. Speaker, this is not an amendment in this case. It is basically a

complete new act that has been revised. While most of the things in the act are

the same, there are some things that are different. I just talked about one of

those things being the structure of the board and that fact that in the past

there was a five-member board and all the members were appointed by the

minister. Three of them would be chiropractors; two of them would be members of

the public. Of course, now that board will be changed. There will be nine

members on the board. Six of them will be elected by the chiropractors in the

Province; that means the fifty-three regulated chiropractors that are out there

licensed to practice. They will elect six member and, in addition to that, the

minister will have the opportunity to appoint three people from the general

public to sit on the board.

In addition to that, there are some other new things that are contained in

this bill; several new things, in fact. There are six of them that I would like

to highlight and get into right now because I do have a limited amount of time.

Mr. Speaker, the annual report, first of all, on the activities of the board,

as well as the audited financial statements, and a fine of $1,000 where the

board fails to comply. These things are new within the legislation, and

basically what they are saying to chiropractors in the Province today, they are

saying that you will have to file an annual report. The board will have to file

an annual report. The board we just talked about being set up, that board will

have to file an annual report on all the activities that they have completed as

a board. They will also have to do audited financial statements. If they refuse

to do those audited financial statements, then they will be imposed a fine of

$1,000. So, any time where the board does not comply with the legislation they

are and will be fined up to $1,000.

Mr. Speaker, what they are simply asking this board to do is not unusual. In

fact, it is normal for most boards in the Province today, and that is that most

boards would normally report on their activities. Most boards would normally

have to provide to whomever they are established under, under what particular

regime. In this case it is

an act of the Legislature so they report to the House

of Assembly, I guess. I would have to double-check that, but they do have to

provide an annual report as well as audited financial statements, and the annual

report may be a requirement of the Corporations Act as well.

Professional corporation: it allows for one or more chiropractors to be

incorporated as a corporation to provide chiropractic services. As well, it

outlines the details of a corporate registry, a corporation of annual licence,

and effect of incorporation, and the act still applies to the individual

chiropractors as well.

Although there is a separate clause in the act now that deals with

professional corporations, in which these corporations have to be incorporated,

they have to provide corporate chiropractic services, and they also have to

outline the details of their corporate registry, they have to provide a

corporation of annual licence and the effects of incorporation, this is all part

of their incorporation.

Mr. Speaker, the act will still apply to individual chiropractors what the

liability of an individual chiropractor is under that corporation as well as any

misconduct of a professional chiropractic corporation. Those things will still

be contained in the bill as well.

In addition, Mr. Speaker, there will be a complaints and disciplinary panel.

This panel will be consisted of five chiropractors who are not members of the

board. Mr. Speaker, the six chiropractors that will be appointed to the board to

oversee the self-governance process for the practice of chiropractic in the

Province will not be allowed to sit on the disciplinary panel, the complaints

and disciplinary panel.

I think that is only fair, because if they were to sit on the complaints and

disciplinary panel then they would, in essence, be in a position to be hearing

complaints about themselves, and that would be an unfair process. This would be

a different board; it will be the complaints and disciplinary panel. It will be

established with five chiropractors who are not members of the board. Mr.

Speaker, it also gives the minister again the right to appoint two people who

are non-chiropractors, who are people in the public, in the general public, who

the government opposite or the minister opposite feels would make a contribution

to this particular board and they would be able to be appointed. It will be

these five chiropractors, and these two appointees, that would constitute the

complaints and disciplinary panel in which people could go to have their

allegations heard.

Mr. Speaker, I also want to talk about allegations, because that is outlined

in this bill as well. This bill outlines the full method of allegations to be

made against chiropractors: what the effects of filing allegations are; what the

powers and protocols of a complaints authorization committee are. It outlines

the adjudication tribunal, which I talked about earlier as being very important

to this process. It also outlines in the bill what the process is for a hearing,

what information can be used as evidence in one of these hearings or in one of

these tribunals. It also talks about what happens in the case of a guilty plea,

and also the powers of an adjudication tribunal.

It outlines how to file and how to publicize decisions. Very important, Mr.

Speaker, because we have gone through a lengthy process with Eastern Health on

how they file and publicize decisions within the Health Care Corporation, and we

certainly want to ensure that legislation that we are passing like this would

outline what that process is and how it could be dealt with.

Mr. Speaker, let us talk about some of these, because the powers and the

protocols for complaints to the authorization committee is very important. It is

very important, because oftentimes when people do have complaints or they do

have issues of concern they often do not know what mechanism is available to

them to report these things, to ensure that somebody gets to hear what their

experience has been or what their concern has been.

I think it is important that there is a full process outline, that there is a

full process outline that defines exactly what the protocols are, so that if

people do have issues and have complaints they know where they have to bring

them. They know to what level they have to bring them. Whether it is to a

committee, whether it is to a tribunal, whether it is to a complaints panel,

they at least know where they have to go.

They also, Mr. Speaker, know who they have to go to. They know who they have

to go to. When they get there, they know what the process is. They know what the

process is. If this is an issue that will have to go to a hearing whereby they

can present their case and be heard, they will know what the process is for that

hearing. They will know what information they can bring to this hearing, what is

the information that I can bring to this particular process to enter as evidence

in my case. All of these things are outlined in this particular bill and in this

legislation, which is very important.

The other thing it talks about in here, Mr. Speaker, is de-registration and

suspension. This outlines what happens when a chiropractor is allowed or

directed to surrender his or her licence in the Province. This outlines to

everyone, in law, what happens when a chiropractor fails to comply and what the

process is for a re-hearing. That is very important, because chiropractors

themselves need to know that there is a process for them as well. They need to

know that they will get a fair hearing if there is ever an incident in which

they are being told that they are failing to comply with legislation; if there

ever is a time when there is an allegation made against them in which their

licence could be called into question. There is a process outlined in this

legislation that will deal with all of these things as well.

Mr. Speaker, there is also a method for appeals, which is very important. I

was going to get into that a little bit here. I just need to find the

section

here in the act.

Overall, I think that this bill, within itself, provides for a great deal of

openness and transparency in seeking the services of a chiropractor in the

Province. It also outlines in great detail how the board process will be

established, not only the actual board for the self-governance of chiropractors

in the Province, but also it outlines the entire appeal process. It outlines the

tribunal process. It outlines what can be used as information and as evidence to

deal with any of these things.

For example, Mr. Speaker, one of the final acts of the bill, one of the final

regulatory pieces deals with the appeals section. One of these things is the

ability to appeal to the trial division of the courts. What it outlines is that

the board or a respondent may, within thirty days after receiving notice of a

decision or order of an adjudication tribunal under this act will appeal the

decision or order to the trial division by filing a notice of appeal with the

Registrar of the Supreme Court. An appeal under this

section does not stay the

decision or order being appealed unless the trial division orders otherwise.

Mr. Speaker, there is no stone left unturned when it comes to giving people

the opportunity to be able to register their complaints, to be able to bring

forward issues, to look at options and routes in a case when they feel that they

have not gotten the treatment that they expected. Even when they have gone

through all of these different appeals, even when all of these decisions have

been made, when judgement has been passed, they still have the opportunity

within thirty days, even after the adjudication of a tribunal, to apply to the

trial division of the Supreme Court.

So,

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2009-05-14
Typehansard
Volume / chapter2009-05-14
Languageen
Formathtm
SourcePROVINCIAL
Identifierc1a39a64581b4830ba6b1901ce081078adc0e747

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