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,