Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 7 April 2011 (46th General Assembly, 4th Session, Vol. XLVI No. 12)

2011-04-07

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 7 April 2011 (46th General Assembly, 4th Session, Vol. XLVI No. 12)

2011-04-07

Newfoundland and Labrador — Debates (Hansard)

April

7, 2011 HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI No. 12

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: Today, the Chair welcomes the following members' statements:

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

Member for the District of Bellevue; the hon. the Member for the District of The

Straits & White Bay North; the hon. the Member for the District of Port au Port;

and the hon. the Member for the District of Baie Verte-Springdale.

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

MS MICHAEL: Thank you, Mr. Speaker.

Mr. Speaker, I stand in the House today to recognize and congratulate an

immensely talented and accomplished musician from my district who can now add

another accolade to his already extensive list Duane Andrews.

Duane, in collaboration with Dwayne Ct

of Cape Breton, recently won the International Album Award at

the 10 th Independent Music Awards. As if this award were not

prestigious enough, Mr. Speaker, Duane impressed a panel of judges that included

internationally renowned Tom Waits, Pete Wentz, Ozzy Osbourne, and Seal.

The dynamic duo have also picked up the MusicNS Jazz Recording of the Year,

the MusicNL Instrumental Recording of the Year, and have been nominated in the

Jazz Album and Instrumental Album of the Year categories in the upcoming East

Coast Music Awards in Charlottetown this month.

It has been a very good year for Duane Andrews, Mr. Speaker, and he has done

our Province proud by showcasing our traditional Celtic music on an

international stage. His musical talent and creativity is further exemplified in

the way he blends traditional Celtic music with Gypsy and Jazz inspired tones.

I would highly recommend this album to all hon. members as a shining example

of what Newfoundland and Labrador musicians are capable of producing when they

have the support of their Province. What better way to show that support, Mr.

Speaker, than by purchasing Duane Andrew's and Dwayne

Ct's debut self-titled album.

Mr. Speaker, I ask all hon. members to join with me in congratulating Duane

Andrews on his success and wishing him all the best in his future musical

endeavours.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. PEACH: Thank you, Mr. Speaker.

I rise in this hon. House today to recognize a fire department in the

District of Bellevue.

On February 24, I had the great privilege of attending the twenty-fifth

anniversary of the St. Bernard's-Jacques Fontaine Fire Department. The fire

department has an active membership of thirty. They are a regional department

that responds to emergencies in St. Bernard's-Jacques Fontaine, as well as the

nearby towns of Bay L'Argent, Little Bay East, and Harbour Mille.

Mr. Speaker, I would also like to recognize six firefighters who received the

twenty years of service awards at this anniversary. They were: Chris Hodder,

Felix Hackett, Carl Power, George Power, Barry Hodder, and Billy Hodder. As

appreciation, they received anniversary clocks and service pins. The clocks were

on behalf of the fire department members and the pins were from the Government

of Newfoundland and Labrador.

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

congratulating the St. Bernard's-Jacques Fontaine Fire Department on their

twenty-five years of service and thank them for their commitment and dedication

to the people of the area they serve.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this House today to congratulate The Straits Rifters

PeeWee White Hockey Team that won the regional championship game that was held

in Port aux Choix on March 12. Four teams from the Northern Peninsula

participated in this tournament.

The Straits Rifters Peewee White Hockey Team played an amazing championship

game pulling off a score of 4-0 against The Straits Rifters Peewee Black Team.

The members of the winning team were: Kyle Squires, Benjamin White, Ross Whalen,

Brandon Guinchard, Mitchell White, Ty Whalen, Mack Coles, Jarret White, Zack

Applin, and Nick Mitchelmore. Their hard work, relentless effort, and attention

to detail have certainly led to the teams' success.

I also want to extend congratulations to coaches Lloyd Coles and Dave White.

Their hard work and dedication to the team has certainly contributed to their

victory.

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

congratulating The Straits Rifters Peewee White Hockey Team and their coaches,

and to wish them well as they participate in future competitions.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port au Port.

SOME HON. MEMBERS: Hear, hear!

MR. CORNECT: Mr. Speaker, I rise today in this hon. House of Assembly to

congratulate Gwen Stagg from Boswarlos, who at age eighty-five, last fall,

successfully published her first book entitled, In Retrospect: From One

Remote Newfoundland Outport to Another.

Mr. Speaker, in this book Gwen recounts what life was like for her growing up

in the outport community of Grand Bruit and then, later in life, raising a

family in the small community of Boswarlos on the Port au Port Peninsula. Gwen

delightfully described the day-to-day lived experiences of what life was like

for Newfoundlanders and Labradorians in outport communities beginning from the

1920s. Gwen gives the reader an insightful view of the hardships and joys

experienced in times gone by giving a personal touch to our Newfoundland and

Labrador history.

Mr. Speaker, I ask all hon. Members of this House of Assembly to join with me

in congratulating Mrs. Gwen Stagg on the accomplishment of publishing her first

book.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

Verte-Springdale.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: Thank you, Mr. Speaker.

The Flo Paul In Unison Award is presented annually to an individual, group,

or organization who exemplifies the values and principles articulated by In

Unison, which is a government vision that promotes full citizenship in Canadian

society through inclusion.

Mr. Speaker, I rise in this hon. House today to congratulate Ms Kem Young of

Springdale. At the 2010 Supported Employment Newfoundland and Labrador

Conference, Kem was the proud recipient of the inaugural Flo Paul In Unison

award. She has been instrumental in advancing the vision of inclusion to action,

not only to her community but to the whole Province.

Her tireless advocacy, solid commitment, and boundless energy has propelled

the principle of inclusion to new heights within the region as she continues to

work with the Green Bay Association for Community Living and the Green Bay

Employment Corporation.

Mr. Speaker, I invite all hon. colleagues to join me in applauding and

recognizing the outstanding efforts of Kem Young as she continues to strive to

advance the values of compassion, dignity and equality among the persons with

disabilities.

Capturing this provincial award is a testament of her tireless efforts and

the difference she has made to individual lives.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister Responsible for the Volunteer and

Non-Profit Sector.

SOME HON. MEMBERS: Hear, hear!

MR. DENINE: Thank you, Mr. Speaker.

I rise today to acknowledge April 10-16 as National Volunteer Week. Volunteer

Week is an opportunity to recognize and celebrate the amazing work of volunteers

across our Province and across our country. They touch every part of our lives

and it is important that we recognize their tireless work and say thank you for

all they do in our communities.

In this Province, Mr. Speaker, there are approximately 197,000 volunteers

that contribute thirty-five million hours of a year, valuable, unpaid time to

their communities and community organizations. Furthermore, Mr. Speaker,

currently in Newfoundland and Labrador there are almost 23,000 people employed

in the volunteer and non-profit organizations in a concerted effort to make our

Province stronger.

Mr. Speaker, this year's theme, VolunteersStars in the Community, is a good

reflection on what volunteers mean to the people around them and the people they

affect. They light up people's lives, they give people guidance and they make

our communities shine. They are all stars in the eyes of the Government of

Newfoundland and Labrador.

The volunteer and non-profit sector in Newfoundland and Labrador is essential

to the prosperity and the sustainability of our Province. This was evident, Mr.

Speaker, this past fall when we were devastated by Hurricane Igor. The efforts

of people volunteering their time and resources, and organizations reaching out

to communities and individuals, were remarkable. It showed the kind of impact

you can have if you give a little of yourself for your community. It was a

tragic time, but it showcased the true meaning of volunteerism. People lent a

helping hand to their neighbours and it spoke to the sense of community across

our Province of Newfoundland and Labrador.

Mr. Speaker, last year government launched a new multimedia campaign. The Who

Cares? campaign celebrates the voluntary non-profit sector for the difference

they are making in our communities every day. Through avenues such as the Who

Cares? website and Facebook page, the Who Cares? campaign will let the public

see the sector in a new light. I would encourage everyone to go to WhoCaresNL.ca

and thank a volunteer in their community.

Mr. Speaker, although this is just one week designated to recognize

volunteers, I think it is important that we celebrate and thank volunteers and

the non-profit organizations all year long. As the Volunteer Week approaches I

ask all Honourable Members to join with me in honouring the valuable work that

the volunteer and non-profit sector contributed to our great Province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Chair welcomes all visitors to the House of Assembly; that is why we have

a public gallery. It is obvious that we have a visitor here today who has

challenges with their health and as a result of that it is obvious that there is

pain endured here by the sounds that we are hearing. This is the Parliament of

Newfoundland and Labrador, and we have no other choice but to enforce

parliamentary rules of not having interruptions within the precincts of the

House. I ask if it is possible, that we could have silence in the galleries; if

not the Chair will have no other choice but have ask the members to leave the

House and to deal with the situation that we have here today.

I ask if it is possible for your cooperation and understanding of our rules

and regulations within the precincts of the House.

The hon. the Opposition House Leader.

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

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

Indeed we should thank all the volunteers in this Province each and every

day. It is nice to see that we have carved out a special week called National

Volunteer Week in our country in order to recognize them. Of course, they

deserve our thanks and our gratitude each and every day of the year.

It is amazing when you look at the numbers; 197,000 volunteers out of a mere

500,000 that live here on our rock and in Labrador. It is great to see that we

have such dedicated people; thirty-five million person hours a year donated and

devoted to helping each and every one of us living in this Province. It is just

amazing and I doubt if any other province in Canada per capita has those kinds

of statistics that they can put forth.

With regard to Hurricane Igor, of course, the minister it is quite right. It

is usually in times of trouble and the most trying times that everybody does

pull on the oars together and come together to help one another.

I would like to pay particular tribute as well to all of those who have been

thanked with respect to Igor. I understand there were some 260 workers in our

public service, particularly in the Transportation and Works Department, who

came from all over this Province to come here to help these people in their

times of need. I think they need a special recognition as well because they went

above and beyond. They did not have to come and do it; they were asked to do it

and they did it willingly and graciously.

With regard to firefighters, of course, I always put them forward as the

epitome of a volunteer in our community because not only are they volunteers,

but they are prepared to make the ultimate sacrifice. In fact, I will be

honouring the Rose Blanche fire department in my district on Saturday night, as

I do each and every year for all of them.

Of course, to all of the other volunteers, whether you work in a seniors'

home, whether you volunteer in a hospital, or if you are a minor sports program

coach of some kind; each and every one of those volunteers contribute to what

makes us what we are as a society. So I also lend my congratulations to all

these volunteers in the Province, and I think it is very appropriate that the

minister did in fact single them out for this recognition today.

Thank you.

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.

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

I am very happy to stand with him and recognize and congratulate the

thousands of Newfoundlanders and Labradorians who give their time and their

skills for the benefit of their community. We know so many of them; all of us

here know hundreds, I am sure, each. I do look forward this week to taking

part

in some of the events that I have been invited to, to recognize the work of

these volunteers.

Volunteers are committed they are very, very committed people. Very often

they are committed to an individual issue, sometimes to an individual cause, and

just sometimes to helping people in general. I think it is incumbent on us to

not take advantage of our volunteers. We must make sure that there are not

sectors that get overtaxed and that volunteers do not get worn out. We need an

infrastructure in place to work with volunteers.

I believe the women's community is one example of where we need adequate

funding so that there are people in paid positions to back up the work of the

volunteers. Very often we have volunteers doing the work that should be done by

professionals.

So I encourage us in celebrating volunteers to also look at our funding

systems and to make sure that we have sustaining funding for organizations who

are always a combination of those who are paid and those who are doing volunteer

work.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers.

The hon. the Minister of Innovation, Trade and Rural Development.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

"A best practice" is how the Provincial Government's Business Retention and

Expansion program was described at a forum of the International Economic

Development Council in Missouri. This label was earned as a result of high

levels of commitment being made to use the innovative program as a key tool to

stimulate business growth.

As a government we are extremely pleased to hear such endorsements. However,

our goal is not focused on earning international acclaim. It is focused on

supporting business development in Newfoundland and Labrador.

Businesses, in particular small businesses, are the engines that drive the

local economy. They are the suppliers of products and services and employers of

residents. To increase the size and productivity of that engine, well trained

staff from the Department of Innovation, Trade and Rural Development work

hand-in-hand with businesses to address expansion issues and identify new growth

opportunities.

To effectively deliver the Business Retention and Expansion program or BR&E

as it is widely referred economic development officers work directly with

businesses to address specific issues impacting business operations and identify

opportunities. Together an action plan is developed that addresses those

challenges. By working collectively it not only strengthens that operation but

empowers the company to play a greater role in the growth of their communities.

This collaborative exercise is delivering results. It has linked companies

with some of the Provincial Government's more than $120 million business

development programs and services, as well as better networking opportunities,

and matching of information and services.

Deer Lake-based NCL Holdings has said that the program enabled them to

identify inhibitors to success. The manufacturer of rock aggregates went on to

say that the "recommendations stemming from the program positioned it to secure

opportunities in emerging markets in the private and public sectors."

Joyce LeRiche of Family Tree Memorials in Bishop's Falls described the

program as "being a great service to us as it zeroed in on specific issues

around future operations and marketing. It made us realize where we needed to

focus our energy."

These are the stories we want to hear. These are the outcomes that will

continue to support the development of a vibrant, successful business community

that is focused on expansion.

For small businesses interested in learning more I encourage them to contact

our department for more information.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Thank you, Mr. Speaker.

I thank the minister for the advance copy of her statement.

It is always truly good to hear success stories when it comes to small and

medium business development within our Province. Undoubtedly, it is important

that we recognize - as the minister said, they really are the backbone of many

communities, not only in the employment that they create but in the services

they provide and so on, and they are crucial to our very existence. Certainly,

we want to recognize that today.

We support the goals of the Business Retention and Expansion program and wish

it much success. We want to recognize the employees who work very diligently to

help take - sometimes especially in more rural areas where all the services of

government are not necessarily available at a person's fingertips - an idea and

to help develop that, whether it is with business plans, arranging meetings and

really becoming somewhat of an advocate for the whole idea that this person has.

We want to recognize that, and there is a true value to that. I recognize it in

my district and I am sure it is throughout other parts of the Province.

No doubt, it is easy to attract business investment to the larger centres of

the Province but when we get out into the more rural areas of the Province that

are looking to attract business and to develop business and so on, the

opportunity to attract is not always the same. The onus on government, in these

cases, is to make sure people understand what is available and for the employees

who are willing to work with them to see that it takes place.

Again, it is good to recognize the ventures throughout our Province, they are

very important to us.

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 her statement.

I am glad to hear about another program that helps small businesses in

Newfoundland, in this case the Business Retention and Expansion program. I

congratulate businesses that have benefited from it and I know there will be

many more that will.

I do encourage the minister, as I did earlier this week, to look at one

barrier in particular for small businesses that we still hear people talk to us

about, and that is the lack of broadband Internet access for all parts of the

Province. We do hear from some businesses that literally cannot completely do

their own Web sites because they do not have the capacity to put photos, for

example, up on the Web site. As we help small businesses, this is something that

is really important to them for marketing. I ask the minister to think further

about it.

Thank you, 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.

Mr. Speaker, I see yesterday that Ed Martin was out, the head of Nalcor,

trying to do some damage control in the media. He did not do very well, I must

say, by some accounts because people are saying he was pretty evasive in the

fact that he was not answering the questions that Debbie Cooper was posing to

him last night on Here and Now . Mr. Speaker, maybe I will try and get a

direct answer from the Premier today.

Will the people in Newfoundland and Labrador, who own Muskrat Falls, pay more

for that power than someone living in the Maritimes? That was the question that

was posed, why don't you give us an answer?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, if we let all the water that we have in excess of what we need

here in the Province we will pay 14.3 cents a kilowatt hour. Mr. Speaker, if

that is the decision that is being promoted by the Leader of the Opposition,

then, yes, we will never sell power anywhere else in terms of what the market

can bear.

Mr. Speaker, the short answer is we can pay the 14.3 cents and never get

another copper from Muskrat Falls and have the ratepayers of Newfoundland and

Labrador pay all of that cost, or we can take the excess power, bring it to

market, get the best price we can for it, and as a result, have money flow back

to the people of the Province.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I see the Premier watched Ed Martin's interview last night, too. Maybe we can

get a direct answer, Premier.

The people in Newfoundland and Labrador, who own Muskrat Falls, will they pay

more for their power than the people in Maritime Canada?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, in 2016, before Muskrat Falls comes on,

and before one penny of the costs of the development of Muskrat Falls is charged

out to anybody in Newfoundland and Labrador, ratepayers in this Province are

going to be paying 14.3 cents a kilowatt hour. There will be no change from the

cost of electricity in the isolated system by moving to Muskrat Falls in 2016.

What will happen as a result of Muskrat Falls is that our power rates will not

continue to rise at 5 per cent a year, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I will help the Premier out, Mr. Speaker, because it is very convoluted

answers that she is giving today. The truth of the matter is, is that people in

Newfoundland and Labrador will pay more for their power, for Muskrat Falls

power, than people in the Maritime Provinces will pay for Muskrat Falls power.

That is the truth of it, Mr. Speaker.

Mr. Martin also told the CBC that Nalcor does not want to sell any excess

power to the Maritimes or New England in the long term. He said that we are

going to need all the power from Muskrat Falls here on the Island. To date, Mr.

Speaker, the government has not been able to justify where the 40 per cent use

of Muskrat Falls power is going to be used in Newfoundland and Labrador.

I ask you today, Premier: How can you expect and ask people to buy into the

argument that all of the power will be used on the Island portion of the

Province?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Here we go again, Mr. Speaker, no vision, no hope, no

plan.

Mr. Speaker, we believe in Newfoundland and Labrador. We believe in the

opportunities for development in this place. She may not accept the forecast put

forward by Nalcor, but we know that we will have an energy deficit in this

Province in 2019. Mr. Speaker, that is a fact that can be substantiated by the

analysis that has been completed.

Mr. Speaker, she talks about wanting power for industrial development in

Labrador. She also talks about wanting a heavily subsidized rate of power for

people on the Coast of Labrador. Mr. Speaker, she is going to have to settle on

a position one way or the other. She either wants Muskrat Falls or she does not,

because without it we can do nothing.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Maybe if we had all of the information and the people in the Province,

Premier, had all of the information instead of the spin that yourself and Ed

Martin want to put out there on any given day, they would be able to make

decisions for themselves. So far your government and you, Premier, have not been

able to justify the demand for 40 per cent of the power on the Island portion of

the Province.

How can you go out and make a statement that we are going to need 80 per cent

of the power on the Island when you cannot even justify 40 per cent at this

stage?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, we have been able to justify the need

for power in this Province. We need almost 500 megawatts just to replace

Holyrood and to take us off our dependence on Bunker C, of which the cost is

going through the roof.

Right now, we are the lowest energy cost, in this Province, in Atlantic

Canada. We are one of the third lowest in the country. We want to keep it that

way, Mr. Speaker. That is why we are developing Muskrat Falls.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The Premier likes to grandstand and make all of these statements about vision

and hope, big projects, and all the rest of it. Mr. Speaker, there is nothing

wrong with that except we need answers, I say to you, Premier. We need you to

back up the information that yourself and Ed Martin are putting out there in the

public. So far you have not been able to do that.

Will you table for the people of the Province the demand statistics that you

are using to get to the conclusions that you are for the Muskrat Falls Project?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, not only are those figures out in the

public domain, I have tabled them twice twice here in the House of Assembly.

Because they cannot do the analysis, Mr. Speaker, they do not have that

capacity. I just wish they would not put that out on the rest of Newfoundland

and Labrador. Some people know how to read and analyze, Mr. Speaker.

Now, Mr. Speaker, their plan not once, but twice, was to give all of the

power from the Lower Churchill to Quebec and let them to continue to reap the

rewards of development on the Churchill River, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

PREMIER DUNDERDALE: Mr. Speaker, the plan that she brought in here

several weeks ago, hooking up sixty ponds for 172 megawatts of power, not

feasible, but even if it was it would be over twenty cents a kilowatt hour. What

is your plan?

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

If the Premier thinks she is going to sell Muskrat Falls because she stands

up in the House and insults the Opposition every day, I would suggest to her she

better start changing her tactic. Mr. Speaker, she has not tabled the

information in this House of Assembly, and I challenge anyone to find it, where

it is going to show the predicted demand of power in this Province. In fact, Mr.

Speaker, it has been the complete opposite.

We know that it is locked up somewhere in the Department of Finance. We know

that the only factors contributing to power growth in the foreseeable future is

whatever was provided by your government through the Department of Finance, and

we ask you to table the information.

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, every statistical agency in this country

is talking about Newfoundland and Labrador and the growth that is here and the

growth that is expected.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: We are the envy of the country, Mr. Speaker. We are

slated to have the largest growth in GDP in the country. The only people who do

not have any faith in our capacity to grow and to attract investment,

particularly in Labrador, are the members of the Opposition.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The Premier is grandstanding again, and she knows that. She knows, Mr.

Speaker, that we see the tremendous potential in Newfoundland and Labrador, but

we also see a Newfoundland and Labrador that does not gouge our own people, does

not sell out Newfoundlanders and Labradorians to achieve our own agendas. That

is the fundamental difference that we are dealing with here.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: Mr. Speaker, the other thing that Ed Martin said, because as I

said there are mixed messages, always mixed messages between the Premier and the

Chair of Nalcor. He said that there is a good chance that none of the excess

power from Muskrat will ever reach New Brunswick or New England, that it will

probably never go beyond Nova Scotia.

Mr. Speaker, we know that Nova Scotia is mandated to come off coal which is

its main energy source.

MR. SPEAKER: Order, please!

I ask the hon. member to pose her question.

MS JONES: Thank you, Mr. Speaker.

My question for the Premier is this: We know they are getting 20 per cent of

our Muskrat Falls power for free, how much are we going to be selling them the

other 40 per cent for, I say to you, Premier?

MR. SPEAKER: Order, please!

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, I look forward to the day when the contract with Nova Scotia

finishes after thirty-five years and we never sell more than the 1.2 megawatts

of power. I believe that we will have the capacity to use all of that excess

power in Newfoundland and Labrador, Mr. Speaker. That is because we do have a

vision.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: We do have a plan. We believe in Newfoundland and

Labrador.

Mr. Speaker, the salient point that she misses is that by 2016 if we do not

do anything different than we are doing -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

PREMIER DUNDERDALE: Mr. Speaker, I ask for your protection from the

MR. SPEAKER: Order, please!

PREMIER DUNDERDALE: Mr. Speaker, in 2016-2017 we will be paying 14.3

cents a kilowatt hour for our electricity in Newfoundland and Labrador without

Muskrat Falls.

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, this is from the government opposite that voted

against the Voisey's Bay Project in the Province, who closed down two pulp and

paper mills in Newfoundland and Labrador, who expropriated a paper mill and did

not know they had expropriated a paper mill, and this is the same government

that we are not supposed to ask questions of, of Muskrat Falls, because they are

supposed to know all, Mr. Speaker. Well, we know what they know and we have seen

what they have done.

I ask you today, Premier: Why should the ratepayers in Newfoundland and

Labrador have to pay for subsidized power for the people of Nova Scotia? Stand

in your place and tell the people of Newfoundland and Labrador that.

MR. SPEAKER: Order, please!

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, I have no problem with the Opposition asking questions, I just

wish they would listen to the answers. That is the problem: Providing

information that they have no capacity to analyze or understand.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

PREMIER DUNDERDALE: Mr. Speaker, let me say again, remaining on the

isolated system, as we are today, continuing to operate Holyrood and Bay

d'Espoir, ratepayers in this Province will pay 14.3 cents a kilowatt hour in

2016. Now, we can develop Muskrat Falls and we can let the excess power run down

the river and continue to pay 14.3 cents

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

PREMIER DUNDERDALE: a kilowatt hour, and do nothing to monetize that

excess value to the benefit of the people of the Province.

SOME HON. MEMBERS: Hear, hear!

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

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

Government's decision this week to close depots and lay workers off this

summer completely contradict the 2009 Supreme Court of Newfoundland and Labrador

decision. The court's decision forced the Province to rehire laid off workers

and reimburse lost wages in excess of $6 million. If government proceeds with

the depot closures this summer, the union already indicates it will be going

back to court again.

My question is for the Minister of Transportation and Works: Why is

government proceeding with its decision, when it flies in the face of the 2009

Supreme Court decision? What is government's plan, or are we simply prepared to

pay another $1 million based upon that decision?

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

Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you, Mr. Speaker.

I do not know if the premise to the hon. member's question is correct. What

that decision of the Court of Appeal did do is reaffirm a government's right to

organize its workforce, to organize its work organization. What happened is that

in doing the layoffs, the process that government followed was not done in the

manner that the court considered appropriate. So, the PSS and the Department of

Transportation and Works is working with NAPE to ensure that proper redress is

being provided to those employees whose bumping rights and recall rights may

have been affected. I understand meetings have taken place, and that more

meetings will take place if more information becomes available.

SOME HON. MEMBERS: Hear, hear!

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

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

I am well aware of the consequences of the 2009 court decision. Maybe one of

the government ministers, maybe Finance or Transportation and Works, would like

to answer my question now.

Who is prepared - or are we just simply going to stand and pay another $1

million of taxpayers' money because you have not resolved the seniority issue?

You have laid four more people off, and by doing so, you have walked into

another $1 million bill for the people of this Province. What are you going to

do to stop spending this $1 million every time you lay the public union off when

it comes to the depots? Can someone answer that?

MR. SPEAKER: Order, please!

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, as I said, officials from Transportation and

Works, officials from the Public Service Secretariat, have been meeting with

NAPE and have been reviewing what has happened here to ensure that anyone whose

rights were infringed in any way gets proper redress. That process has been

going on for some time, meetings have taken place. Again, as I said, as more

information becomes available they will be meeting further. I am optimistic this

matter will be resolved before it has to go to any further arbitration, which is

always an option to NAPE if they wish to pursue that option.

SOME HON. MEMBERS: Hear, hear!

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

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

We realize it is an option of NAPE, and they did it before. They did it to

the tune of $6 million in cost to the taxpayers of this Province. It is not

simply enough for the minister to say they can take us to arbitration. They know

they are going to win, they have done it already before. That avenue has been

exhausted. How many millions of dollars do we have to burn in this Province

simply because you have not ironed out the seniority issue?

Well, Mr. Speaker, not only are the layoffs a problem, but in this Province

we have a tremendous amount of highway maintenance and repair work needed in

communities, particularly in the aftermath of Igor. Government has surpluses,

major maintenance work is required, they are laying off these depot workers

when, at the same time - in my District of Burgeo, for example, on the Burgeo

road, we are seeing government contract out work to put signs up.

Can the Minister of Transportation and Works explain the logic of us closing

down depots, laying off workers, and contracting the work out to others?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Mr. Speaker, again, when it comes to maintenance of the

roads we take it very, very seriously and want to make sure part of the reason

for our seasonalization was to gather together a core of workers with the proper

resources to carry out the maintenance that is required. That is the procedure.

As well, Igor, we know, basically was an event that did a lot of damage; but

again, the repairs of that, Mr. Speaker, are tendered out and will be done. It

is not about maintenance, it is about repair and going back over it.

As well, with the signage, I think when you are referring to the signage;

that is an area where we are doing the TODS system. After Igor last year, it was

delayed. We are going forward with that this spring to make sure it is in place

for the summer season.

SOME HON. MEMBERS: Hear, hear!

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

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

This is a government who are in control. They lay workers off, contract out

the work, and cost the taxpayers $1 million a pop because you laid them off and

you are in violation of a court order. Good stuff, Mr. Speaker.

Maybe I will ask another question of the minister. Mr. Speaker, on November

23 last year, the Bailey bridge at Searston Gut in the Codroy Valley closed

after thirty-three years due to general deterioration. Thirteen communities have

relied upon that bridge. It is an essential ambulance route and provides quicker

access to health care and employment for the people of the region. The bridge

was essential to conduct local business and to develop tourism.

I realize the minister and the member for the area met with the committee who

is responsible for trying to get this bridge restored and replaced. Nothing has

come to date. They are very concerned if this government takes this matter

seriously.

Will funding be made available this year to see that Bailey bridge replaced?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Again, I say, Mr. Speaker, anything to do with roads and

road safety this government takes quite seriously. Myself and the local member

went out and we met with the committee, explaining fully to them that it is a

significant amount of money to replace that bridge that was not part of last

year's Budget. We did not have the money, but it is into our priority list as we

go forward this year. Of course, we will await the Budget decisions to see if

indeed it can be replaced.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, yesterday

[Disturbance in the gallery]

MR. SPEAKER: Order, please!

The Chair is going to respectfully ask hon. members if they would be kind of

enough to leave the Chamber. The Chair is going to respectfully ask visitors in

the gallery if they would be kind enough to leave the gallery.

The House will take a recess until we deal with a challenge that we are faced

with here.

I respectfully ask all members to kindly do that and we will continue with

Question Period after.

Recess

MR. SPEAKER (Fitzgerald): Order, please!

Honourable members and visitors in the gallery, there are nine-and-a-half

minutes left in Question Period. I refer back to the hon. the Member for the

District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, yesterday in the House I questioned the Minister of Fisheries on

a lobster licence buyout proposal that was presented to this government by the

FFAW. The minister did acknowledge that he had received it. The minister also

stated he would respond when he has something before him and it is the right

thing to do.

I ask the minister, Mr. Speaker: Are we to interpret his remarks to mean that

this proposal is not the right thing?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Certainly not, Mr. Speaker. That indication was that when we

receive proposals we weigh them on their merit. When we all come to an agreement

that it is the right thing to do, we will do the right thing.

Mr. Speaker, right now my understanding is that the FFAW are out speaking to

their membership about some issues that they have to resolve on their own. We

will await the outcome of that. As I indicated yesterday we have the proposal

and it is under review.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Mr. Speaker, our rural communities are in need of a viable

fishery and this government has been talking about restructuring and here is a

restructuring proposal. Mr. Speaker, the FFAW suggests to us that the

membership, in terms of the particular areas of the Province they are talking

about, are well in favour of this proposal and they are awaiting a timely

response from government.

I ask the minister: When can the FFAW and the lobster harvesters expect a

positive response from you in terms of restructuring this piece of the industry?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, we in this government are very interested in

the restructuring of the entire fishery in this Province. That is what the MOU

is about. I have written both parties who were involved in that and, Mr.

Speaker, there seems to be some indication that we might be getting some

responses to it. That is very, very positive.

The lobster piece that he is speaking about, as I just indicated, the FFAW

are out doing some work that they have to do. We are in discussions with them,

they are in discussions with the federal government, and when it all

collectively comes together, Mr. Speaker, and we do our due diligence on it, we

will have a response, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, this government has pushed for a licence buy-back from the

federal government on a 70-30 sharing arrangement. That has had no uptake,

basically, from the federal government. This proposal that is in front of us

today from the FFAW is one where the federal government, and the provincial

government, and industry basically plays three ways.

So I ask the minister: Are you willing to make the commitment here today that

when the FFAW has done their final surveying, or whatever they are doing right

now, are you prepared to help the fisherpeople rationalize their industry?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, I have said several times on my feet here,

there are two parts to this. There is the rationalizing, and there is the

restructuring. I cannot commit to where we are going to with funding, Mr.

Speaker. As I have already indicated in the previous answer, we are working our

way through a process with this proposal that has been submitted by the FFAW.

There is a partnership there that would have to be exemplified on the part of

the federal government, and as we follow our way through this, the announcements

will be made, Mr. Speaker, when final decisions are made, Mr. Speaker. At this

point, they have not been made.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Mr. Speaker, it is a play on words. This is restructuring, and

the proposal that the FFAW has put forward is very straightforward; the feds are

onside, the union is onside.

My question, very simply, is: Is the government onside?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, we are talking about a lobster proposal here;

that is a thing that we are working through with the parties, as I have said. I

still contend, Mr. Speaker, that in order for us to make the changes in this

industry in this Province, we better all collectively get our heads around the

word restructuring, as to how we are going to change the structure, so we can

attract and retain young people in this Province, 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, my question is for the Minister of Education.

When school reform was proposed in the 1990s, a key government principle was

that the new system would be based on community and neighbourhood schools. Mr.

Speaker, there was wide-spread support for this idea at the time, as evidenced

in the referendum results, and it has not gone away.

Mr. Speaker, I ask the Minister of Education: Why is this government turning

its back on the strong mandate that was given to it by the people of this

Province?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, this government has invested and has made

significant investments into the education of our children. One thing we have

done, Mr. Speaker, is we have built many new schools, we have renovated schools.

We have also been tasked with setting up schools using a declining enrolment and

our present capacity to make sure we provide the best environments for our

students. Mr. Speaker, we are doing just that.

At this point in time, sometimes we cannot have a school in every

neighbourhood, but we need make sure that our buildings are the best they can be

and they serve our students.

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, the parents of Macpherson Elementary, a school that is being

closed in June, have asked for a meeting with the Minister of Education. Her

letter of response said she was not in a position to address their concerns.

However, in the by-election of 2005 she was in a position to address the

concerns of the parents of Leo Burke Academy in Bishop's Falls by

single-handedly stopping the closure of the school.

Mr. Speaker, I ask: Why has the Minister of Education in the current

situation refused to meet with the parents of Macpherson Elementary?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, for the record and for the hon. Member for Signal

Hill-Quidi Vidi, I would like to clarify that I was not the Minister of

Education in 2005 when there was a decision made regarding Leo Burke Academy in

Bishop's Falls.

Mr. Speaker, the school board has been going through a process to determine

how they are going to have schools reconfigured in the St. John's area. At this

time, it was best for the school boards to go through the appropriate process

that they had which included consultation so they could hear concerns from the

parents or from other stakeholders. Mr. Speaker, that was my intent; to allow

the process to unfold as it should.

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, the parents of Macpherson Elementary do not feel that they were

given a fair hearing at the time of the so-called consultations. That is the

reason why they have gone to the minister, to try to make their case to the

minister.

One of the things they would want to talk about is the role of the Daybreak

preschool program that gives preschoolers, especially from low-income and new

Canadian families, opportunities for structured play and preparation for entry

into the K-6 school system. The program is needed in this neighbourhood but

there is no place for them to relocate.

So, Mr. Speaker: Why is the minister allowing the Eastern School District to

get rid of schools without proper consultation and why will she not listen to

this group of parents to hear what their experience has been?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, I know that certain residents and parents in St.

John's would love to see every school maintained as it is presently, but we are

investing millions of dollars in St. John's to ensure that the students in St.

John's have the proper facilities to attend. Mr. Speaker, we are replacing

Virginia Park. We are putting a new high school in the west end, we are

replacing St. Teresa's, and there will be some other schools that will have to

be moved around to accommodate the students in the best possible facilities that

we can have.

This exercise is something that has been done throughout Newfoundland and

Labrador. Mr. Speaker, this is all about providing the best facilities for our

children.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

MS MICHAEL: Mr. Speaker, in the study that was requested by the

Department of Education with regard to the schools in St. John's there was

nothing in the report that came out from those consultants that indicated that

the school at Macpherson was not a proper place for students to be. They have an

excellent program at that school.

Why will this minister not sit down and listen to what the parents have to

say? There was nothing wrong with the building. As a matter of fact, it is a

wonderful building. Why won't she listen to them?

MR. SPEAKER: The hon. the Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, a consultant's report is a guide for the school

board trustees to be able to base their discussions and their decisions. It does

not mean that because something is written in a consultant's report that that is

the way it has to be followed.

Mr. Speaker, there has been a declining birth rate, there have been trends in

demographics, even within St. John's, not just in rural Newfoundland and

Labrador, that changes the demographics and the way that schools need to be

positioned. The board had to look at all the information. They had to make the

best decisions possible to ensure that they used the existing capacity in the

best way possible. That meant, unfortunately, that some schools had to close,

schools would have to merge, and new schools would also have to be built.

This is a significant piece of work that is being done in the St. John's

area, but the primary goal is to ensure our students are (inaudible)

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The time allotted for questions and answers has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Tabling of Documents

MR. SPEAKER: The hon. the Premier.

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, I would like to table a copy of the letters that have been sent

to the three federal leaders concerning important issues to the people of

Newfoundland and Labrador during this federal election.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Further tabling of documents?

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

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you, Mr. Speaker.

Mr. Speaker, pursuant to

section 5 of the Local Authority Guarantee Act,

2005, I wish to table the annual report of loan guarantees provided to local

governments to enable them to arrange interim financing for capital projects. I

am pleased to report that there were no new guarantees issued on behalf of local

governments during the fiscal year.

Mr. Speaker, the last report under this act was tabled on April 29, 2010 and

included guarantees issued up to and including March 31, 2009 . This

current report covers the period from April 1, 2010 to March 31, 2011.

Mr. Speaker, pursuant to

section 49.(2) of the Financial Administration Act,

I wish to table the list of temporary loans that were raised under

section 48 of

the act since my last report to the House on April 29, 2010.

In addition, Mr. Speaker, pursuant to

section 55.(3) of the same act, I wish

to report that there was one guaranteed loan paid out by the Province since the

last annual report also on April 29, 2010. Therefore, I wish to table the

attached details of this payout.

In addition, Mr. Speaker, pursuant to

section 55.1(2) of the act, I wish to

report that there has been no guaranteed debt of any Crown corporation or agency

assumed by the Province since the April 29, 2010 annual report.

Thank you, Mr. Speaker.

MR. SPEAKER: Further tabling of documents?

Notices of Motion.

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER: The hon. the Member for the District of The Straits & White

Bay North.

MR. DEAN: Mr. Speaker, I am pleased this afternoon to be able to stand

and present a petition again on behalf of the residents of Newfoundland and

Labrador really but, in particular, for my district.

I would like to read the prayer of the petition into the record:

To the hon. House of Assembly of the Province of Newfoundland and Labrador in

Parliament assembled, the petition of the undersigned humbly sheweth:

WHEREAS the people in The Straits & White Bay North area feel it should be

legal to set heavier steel wire to snare rabbits; and

WHEREAS rabbits are bigger and stronger in the spring as compared to the fall

season with many injured animals breaking away from the brass and picture cord

wire, setting injured free to suffer; and

WHEREAS weak wire was implemented to conserve the marten, but this animal is

not known to inhabit our area;

WHEREUPON your petitioners call upon all Members of the House of Assembly to

urge government to address this matter to reinstate the use of heavier wire for

rabbit snaring for this area of the Island.

And as in duty bound your petitioners will ever pray.

Mr. Speaker, this may not seem all that important to some members of

government, and I understand that a lot of things do not seem to be important to

them. It is important to the people of the Northern Peninsula and other areas

where they are very active in the snaring of rabbits. The issue has been brought

forward and lots of cases made as to where animals are getting away with snares

on them because of the size of the wire that is being used. They are being

caught again with sometimes two and three snares around them. Obviously, many of

these rabbits are getting away and they are basically perishing

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. DEAN: Thank you, Mr. Speaker.

There is a lot of excitement about rabbits over there.

Mr. Speaker, it is a serious issue for those who are involved in the sport,

if you want to call it that, and many people do a tremendous amount of snaring

along the Northern Peninsula in the fall and winter. The issue of - it is my

understanding - why the smaller gauge wire is used is to protect the pine

marten.

Mr. Speaker, my first understanding or encounter with the pine marten was

thirty-odd years ago when I moved to Port aux Basques and I remember that they

inhabited the Burgeo road area of our Province. I would suggest that there has

never been a pine marten to the Northern Peninsula unless someone took one up

for a ride sometime and brought them back down again.

The fear of pine martens being caught in snares, if that is the issue as to

why it has been changed, then I would suggest it is an overreaction by someone

to a sensitive and important issue, yet the decision and the policy that has

been put in place across the Province is not a good policy. I would ask

government to reconsider on behalf of those who have signed the petition. I will

be pleased to present this petition over the next couple of weeks. Several

thousands of signatures were collected and it obviously is important to them.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

The hon. the Member for the District of Cartwright-L'Anse au Clair and

Opposition Leader.

MS JONES: Thank you, Mr. Speaker.

I stand today to present a petition on behalf of the people of Labrador. It

is regarding the Trans-Labrador Highway, Route 510. It says:

WHEREAS the Trans-Labrador Highway is a vital transportation lifeline for the

Labrador communities, providing access, generating economic activity, and

allowing residents to obtain health care and other public services; and

WHEREAS Route 510 and connecting branch roads of the Trans-Labrador Highway

are unpaved, in deplorable conditions and are no longer suitable and safe for

the traffic volumes that travel this route; and

WHEREAS Labrador cannot afford to wait years or decades for upgrading and

paving of their essential transportation route;

WHEREUPON the petitioners urge the House of Assembly to call upon the

government to provide additional funding for much needed improvements to Route

510 and connecting branch roads of the Trans-Labrador Highway.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: Mr. Speaker, this is a petition that is actually circulating

all around Labrador. It is a cause that has been spearheaded by a coalition in

Labrador that is being led by Ida Powell in Charlottetown, I think, who is the

Chair of the coalition.

Basically, Mr. Speaker, they are lobbying the provincial government to at

least give some consideration to paving the highway from Happy Valley-Goose Bay

right on down to the Quebec border. In fact, Mr. Speaker, this morning when I

was on a conference call with a group of people from different regions of

Labrador, some of them were telling me that just recently they have driven over

that

section of road and in certain areas, not in all, but in certain areas the

road is in pretty bad shape right now. Mr. Speaker, it takes a long time

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: to get from point A to point B and, Mr. Speaker, it is having

a lot of wear and tear on people's vehicles.

For example, Mr. Speaker, just in the Labrador Straits alone where there is

pavement - pavement that is very old right now, in fact - last year there was,

on record, dozens of people who damaged their vehicles because the potholes in

the pavement were so big that it was actually damaging the tires and all of the

under gear under their vehicles. They submitted claims to the Department of

Transportation and Works, but the government did not even compensate them.

Although, Mr. Speaker, there were no signs on the road saying there was going to

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: potholes or bumps or anything of that sort, and they did not

receive any compensation whatsoever, which was really unfair.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: Mr. Speaker, the people in Labrador know, from the meeting they

had with the Minister of Transportation and Works in Goose Bay, there is nothing

on the government's radar to pave that particular highway, and that is wrong. I

think it is time this government started showing some real commitment to the

people of Labrador and started showing them by bringing their infrastructure

inline with other people in the Province, and that means making a commitment to

pave this

section of highway.

This road, right now, is the main transportation link between Labrador and

the Island portion of the Province, and everyone who is going in and out of

Labrador has to use this highway. I ask the government to bring it to the

standards that highways should be in the Province of Newfoundland and Labrador.

MR. SPEAKER: Further petitions?

The hon. the Opposition House Leader.

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

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

residents of La Poile, and all users of the provincial ferry service who might

venture down to the Southwest Coast and find their way onto or coming from La

Poile.

The petition reads:

WHEREAS the people of La Poile must use the provincial ferry system in order

to travel to and from La Poile; and

WHEREAS the people of La Poile and visitors are required to wait at the Town

of Rose Blanche-Harbour Le Cou from time to time for ferry services; and

WHEREAS there is no restroom, waiting area at the Town of Rose

Blanche-Harbour Le Cou where users of the ferry service may utilize washroom

facilities; and

WHEREAS citizens of all ages including men, women, children, seniors and

disabled persons require washroom facilities as a basic human need in the course

of their travels and particularly while awaiting the transit system; and

WHEREAS it is an abuse of human dignity as well as health and safety

regulations to allow such degrading and dehumanizing circumstances to continue;

WHEREUPON the undersigned your petitions humbly pray and call upon the House

of Assembly to urge government to immediately construct and operate a waiting

room, restroom facility at the Town of Rose Blanche-Harbour Le Cou such that all

users of the provincial ferry service which operates out of La Poile may be able

to utilize such waiting area and washroom facilities.

Mr. Speaker, as I say, this is the sixth time I have raised this petition. I

raise it not because I like to hear myself repeat myself, and I am sure the

members of this hon. House do not wish to hear me repeat myself, but some things

are so important that it bears repeating.

As I said yesterday, it only requires the Minister of Transportation and

Works who is responsible for constructing such a facility, who runs the

provincial ferry service - it does not take a whole pile of money to do this -

to provide the citizens of this Province who utilize this service day in and day

out basically with a common, decent place to use a washroom. We are not asking

for the Taj Mahal. We are not asking for terminals like are in major centres. We

are not asking for any kind of beyond the realm, unnecessary facility here. We

are asking for a washroom, Mr. Speaker. We are asking for a washroom so that

people who are travelling, who need to use a washroom, have a place to go

instead of having to creep behind the rocks, up in the bushes. Now, just imagine

how dehumanizing that is. We provide a ferry service but yet we do not have the

common decency as a government to provide them with a washroom facility. Now I

do not know of anywhere else that exists.

If you go to a concert anywhere in the summertime, at a music festival, it is

a public requirement that you have washroom facilities. You cannot go anywhere

in this Province without a washroom; yet, Mr. Speaker, we are allowing this to

continue. Unacceptable, unnecessary, and hopefully the minister will come to his

senses and fix this.

MR. SPEAKER: Further petitions?

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I stand today to present a petition on behalf of the people from the District

of The Isles of Notre Dame. Mr. Speaker, it says:

WHEREAS there were fifteen acute care beds in the Notre Dame Bay Memorial

Hospital Health Centre; and

WHEREAS five of the acute care beds closed this summer and did not reopen in

the fall; and

WHEREAS the availability of acute care beds is critical to the people of

Twillingate and New World Island; and

WHEREAS the shortage of acute care beds is resulting in people being denied

admittance to the Notre Dame Bay Memorial Hospital Health Centre; and

WHEREAS the people of Twillingate and New World Island do not want to see

their health care services cut;

WHEREUPON the undersigned, your petitioners, humbly pray and ask the House of

Assembly to urge the government to reinstate the five acute care beds in the

Notre Dame Bay Memorial Hospital Health Centre.

As in duty bound your petitioners will ever pray.

Mr. Speaker, I have a folder full of these petitions that came in with

thousands of signatures on them from this particular district. These are people

in the area of Twillingate and New World Island who obviously feel that their

own MHA did not support them in keeping these particular beds open in their

facilities.

Mr. Speaker, what happened here is this - and we wrote the Minister of Health

on this issue before the government had made the decision publicly. We asked

government why the acute care beds that had been closed last summer - because

there were five beds in the hospital that were closed, which is not unusual in

Newfoundland and Labrador in the summertime to close down some of the acute care

beds in our health care facilities. However, the practice has always been that

these beds will then reopen in the fall.

In the case of the people at the Notre Dame Bay Memorial Hospital, Mr.

Speaker, those beds did not open in the fall. In fact, they stayed closed. What

the government and Central Health decided to do was to take these five acute

care beds and use them for restorative care beds. Now, Mr. Speaker, you have to

understand what is happening here. There is a need in the Twillingate, New World

Island area for restorative care beds just like there is a need in a lot of

other areas around the Province, but there is also a need for acute care beds

and what government did is they made a trade-off. They actually re-designated

those particular beds in the hospital that were designed for people who were of

acute care need, who were sick and needed to be admitted, into restorative care

beds for longer-term care for those patients.

What really makes the irony in all of this is that the member for the area,

the minister and the government actually went out to Twillingate and New World

Island and made an announcement that they were putting five restorative care

beds, making them available in the hospital. When in fact, Mr. Speaker, they

were just closing out five acute care beds and designating them for another

purpose. The people in the area have seen through this ploy by the government.

They find it unacceptable and they are petitioning the House of Assembly to ask

the government and to ask their member, Mr. Speaker, to reverse the decision to

put proper restorative care beds in this hospital and not use the acute care

beds that people depend upon.

MR. SPEAKER: Further petitions?

Orders of the Day.

Orders of the Day

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

MS BURKE: Thank you, Mr. Speaker.

We will go to the motions and start with first readings this afternoon.

Mr. Speaker, I move, seconded by the hon. Minister of Natural Resources, to

ask leave to introduce a bill entitled,

An Act To Amend The Crop Insurance Act

And The Livestock Insurance Act, Bill 23, and I further move that the said bill

be now read the first time.

MR. SPEAKER: It is properly moved and seconded by the hon. the Government

House Leader to ask leave to introduce a bill entitled

An Act To Amend The Crop

Insurance Act And The Livestock Insurance Act, Bill 23, and that Bill 23 be now

read a first time.

Is it the pleasure of the House that Bill 23 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 Natural Resources to introduce a bill, "An

Act To Amend The Crop Insurance Act And The Livestock Act", carried. (Bill 23)

CLERK: A bill,

An Act To Amend The Crop Insurance Act And The Livestock

Insurance Act. (Bill 23)

MR. SPEAKER: Bill 23 has now been read a first time.

When shall Bill 23 be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 23 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,

An Act To Amend The

Judicature Act, Bill 24, and I further move that the said bill be now read the

first time.

MR. SPEAKER: It is moved and seconded by the hon. the Government House

Leader to ask leave to introduce a bill entitled,

An Act To Amend The Judicature

Act, Bill 24, and that Bill 24 be now read a first time.

Is it the pleasure of the House 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.

Motion, the hon. the Minister of Justice and Attorney General to introduce a

bill, "An Act To Amend The Judicature Act", carried. (Bill 24)

CLERK: A bill,

An Act To Amend The Judicature Act. (Bill 24)

MR. SPEAKER: Bill 24 has now been read a first time.

When shall Bill 24 be read a second time?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, Bill 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

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

An Act

To Amend The Public Trustee Act, 2009, Bill 25, and I further move that the said

bill be now read the first time.

MR. SPEAKER: It is moved and seconded by the hon. the Government House

Leader to ask leave to introduce a bill entitled,

An Act To Amend The Public

Trustee Act, 2009, Bill 25, and that Bill 25 be now read a first time.

Is it the pleasure of the House that the said 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 Justice and Attorney General to introduce a

bill, "An Act To Amend The Public Trustee Act, 2009", carried. (Bill 25)

CLERK: A bill,

An Act To Amend The Public Trustee Act, 2009. (Bill 25)

MR. SPEAKER: This bill has now been read a first time.

When shall Bill 25 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: Thank you, Mr. Speaker.

I will now refer to the third reading of bills on the Order Paper.

Mr. Speaker, I move, seconded by the hon. Minister of Finance and President

of Treasury Board, that Bill 3,

An Act To Amend The Labour-Sponsored Venture

Capital Tax Credit Act, be now read the third time.

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

Bill 3,

An Act To Amend The Labour-Sponsored Venture Capital Tax Credit Act, be

now read a third 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 Amend The Labour-Sponsored Venture Capital Tax

Credit Act. (Bill 3)

MR. SPEAKER: Bill 3 has now been read a third time and it is ordered that

the bill do pass and its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Labour-Sponsored Venture Capital Tax

Credit Act", read a third time, ordered passed and its title be as on the Order

Paper. (Bill 3)

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

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

and Attorney General, that Bill 9,

An Act Respecting Correctional Services, be

now read the third time.

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

Bill 9,

An Act Respecting Correctional Services, be now read a third 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 Correctional Services. (Bill 9)

MR. SPEAKER: Bill 9 has now been read a third time and it is ordered that

Bill 9 do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act Respecting Correctional Services", read a third

time, ordered passed and its title be as on the Order Paper. (Bill 9)

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

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

Resources, Labour and Employment, that Bill 10,

An Act To Amend The Labour

Relations Act, be now read the third time.

MR. SPEAKER: Is it the pleasure of the House that Bill 10,

An Act To

Amend The Labour Relations Act, be now read a third 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 Amend The Labour Relations Act. (Bill 10)

MR. SPEAKER: Bill 10 has now been read a third time and it is ordered

that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Labour Relations Act", read a third

time, ordered passed and its title be as on the Order Paper. (Bill 10)

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

MS BURKE: Mr. Speaker, we will now go into the second reading of bills.

I want to call Order 8, second reading of Bill 13.

MR. SPEAKER: The hon. the Minister of Justice and the Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

I move, seconded by the Minister of Finance and President of Treasury Board,

that Bill 13 be now read a second time.

MR. SPEAKER: It is properly moved and seconded that Bill 13,

An Act To

Repeal The Subordinate Legislation Revision And Consolidation Act, be now read a

second time.

Motion, second reading of a bill, "An Act To Repeal The Subordinate

Legislation Revision And Consolidation Act". (Bill 13)

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I am pleased this afternoon to introduce Bill 13,

An Act To

Repeal The Subordinate Legislation Revision And Consolidation Act.

Mr. Speaker, this act was enacted in 1995, and that act was part, Mr.

Speaker, of an initiative that was at that time called the Regulatory Reform

project. The act was enacted for the purposes of providing for the expiry on one

year later, June 30, 1996, of all subordinate legislation in force in the

Province at that time, March 31, 1995. Subordinate legislation, Mr. Speaker, are

regulations that are subordinate to the various acts that we have in the

Province. So when we are talking about subordinate legislation, we are basically

talking about regulations.

Mr. Speaker, the act called for the appeal or consolidation or expiry,

whatever, of subordinate legislation that was in force at that time in 1995,

unless, Mr. Speaker, the legislation had been re-enacted, or was to be

re-enacted by the Lieutenant Governor in Council prior to that date. That, Mr.

Speaker, was the Regulatory Reform project. The Regulatory Reform project was

initiated in 1995 and concluded in 1996.

So, all regulations in the Province that were in effect by March 31, 1995,

were all reviewed, Mr. Speaker; unless the legislation was re-enacted by the

Lieutenant Governor prior to 1995, all that legislation was now going to be

reviewed and subject to recommendations made by the Regulatory Reform project.

Now, Mr. Speaker, I want to talk about the Regulatory Reform project, because

the next bill we will be introducing in the House is the revision or repeal of

the Regulatory Reform Act. Both of these were part of the Regulatory Reform

project, which was an initiative of the government of the day. The Regulatory

Reform project, Mr. Speaker, was part of the government's initiative at that

time to increase government efficiency, and to promote economic development. The

purpose of that project was to reduce regulations by government to a minimum

level, but still protect the public interest.

It is carried on today by the elimination of red tape programs. It was a

project with good motives, a good project, Mr. Speaker, to look at all the

regulations in vogue at the time, in force at the time, and reduce those

regulations to the bare minimum level that was required, but not to violate or

not intimidate in any way the public interest. The government's plans at the

time, they did that for the purpose of increasing government efficiency, so the

people applying to government for a business proposal and whatnot, and trying to

get through government red tape, would not be burdened and bogged down by red

tape and regulation by government. That was the purpose of the Regulatory Reform

project.

A working committee, Mr. Speaker, was established at that time by the Clerk

to co-ordinate the examination of all the regulations in all the departments in

preparation for review by an independent commissioner. An independent

commissioner was hired in the person of the hon. Nat Noel to review all of those

regulations. He was appointed in 1994. What he did was an in-depth review of all

the regulations. He examined detailed reports of the working committee with

respect to the viability of the regulations that existed at that time. He

submitted a final report with respect to the whole Regulatory Reform project on

September 30, 1995.

Mr. Speaker, that report included a detailed index of recommendations. In

that report, he listed the regulations that were not to be re-enacted, he

included regulations to be re-enacted but with amendments, and he included a

list of regulations to be re-enacted without amendments. He also introduced an

index of acts to be repealed.

Now, Mr. Speaker, all of the commissioner's recommendations were considered

and addressed in 1995, pursuant to the bill that we are talking about repealing

today, pursuant to the Subordinate Legislation Revision and Consolidation Act.

That was the act that set up this reform project. Pursuant to that act, Mr.

Speaker, his recommendations were considered and addressed.

Consequently, Mr. Speaker, the regulations that are intended to be re-enacted

have been re-enacted, pursuant to the revision of that act. Those that were

recommended for repeal have expired, they have been repealed. Therefore, Mr.

Speaker, the mandate of that project, the Regulatory Reform project, has been

fulfilled and is now complete. Now, Mr. Speaker, lying in harmony with that was

the Regulatory Reform Act which we will speak to in the next bill.

The mandate of that Regulatory Reform project, the mandate of the

commissioner is now expired and has been fulfilled and is now complete. However,

Mr. Speaker, even though the mandate of that project was completed some fifteen

years ago, the Subordinate Legislation Revision and Consolidation Act remains a

law of this Province. It is still on the books. That piece of legislation is now

spent. It is no longer utilized and no longer has any continuing effect.

Accordingly, Mr. Speaker, the government now proposes that the Subordinate

Legislation Revision and Consolidation Act be repealed.

Mr. Speaker, not withstanding the proposal to repeal that act, I want to make

it clear, that the government continues to make improvements with respect to the

Province's regulatory environment. My colleague, the Minister of Business, will

speak to that later on this afternoon.

In 2005, this government set an ambitious goal to reduce red tape throughout

the provincial government at 25 per cent over three years. Mr. Speaker, this

goal has been surpassed. As a matter of fact, in 2009 we had reduced regulation

and red tape by 27 per cent. The initiative now, Mr. Speaker, has been extended

to ensure that moving forward there will be a zero in net growth in regulatory

requirements across this government.

Mr. Speaker, all new legislation, all new policies has to have a regulatory

impact analysis. Every piece of legislation that is proposed, every Cabinet

paper, and every paper that goes to Cabinet proposing any changes in the

legislation or policies has to have a regulatory impact analysis attached to it.

Mr. Speaker, in addition to reducing requirements, the steps being taken are

fostering greater innovation

MR. KELVIN PARSONS: A point of order, Mr. Speaker.

MR. SPEAKER (T. Osborne): Order, please!

The hon. the Opposition House Leader, on a point of order.

MR. KELVIN PARSONS: Mr. Speaker, we have often had the issue of relevance

raised in this House and all parties do, of course, abide by your ruling. We are

talking here in this bill about the repeal of a certain bill. The minister has

already given his explanation of it. I will add my comments as to that bill, and

they will be relevant when my opportunity comes. The minister has now elapsed

into a spiel - there is no other way to put it - about the red tape policy of

government today. It has nothing to do whatsoever with the bill that is before

this House right now.

MR. SPEAKER: Order, please!

I will ask that all members, both presenting bills and speaking to bills in

debate, keep their comments relevant to the particular bill on the Order Paper.

The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Mr. Speaker, with all due respect to the hon. member, the

purpose of this Regulatory Reform project and the legislation that we are

repealing today dealt exactly with that topic, the reduction of regulation and

red tape in this government. I am saying even though that bill is repealed, we

are continuing that policy, Mr. Speaker, and I consider it very relevant.

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, just to clue up, in addition to reducing requirements and

regulation, as this Regulatory Reform project did and as we continue to do with

our red tape program, the steps being taken are fostering greater innovation and

efficiency in the way the provincial government operates, and that was the whole

purpose of the legislation and the project in the first place. Delivery of

services, interacts with the public through streamline processes, improves

regulations, and increases access to e-government and online services, less

paperwork, more efficient service to clients and the public. That is what our

red tape reduction program is about. That is what this initial legislation was

about in the first place and it is a relevant continuance of that issue.

Mr. Speaker, that is a commitment of this government; a long-term commitment

of this government, going back to 1995 when this project was started under

previous governments, to build a better regulatory environment. That is what

Bill 13 is about. I ask for support of all hon. members in passing this bill and

I am sure the hon. member will have his comments on it.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

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

It is not often that I agree with the Minister of Justice and Attorney

General when we debate issues or ask questions back and forth in Question

Period. Aside from his comments about red tape committees and policy of

government, which has nothing to do whatsoever about the debate here today, I

wholeheartedly understand, appreciate and agree with his comments about the

rationalization and justification for having this bill here. I do not think I

need to muddy the waters any further than he has in terms of explaining it to

the people. We will be voting for it. It is necessary. If we do not need the law

any more and it has outlived its usefulness, it ought to be taken from the

books. We agree with that and we will be voting in favour of it.

MR. SPEAKER: The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I am pleased to rise today to participate in this debate on Bill 13. I

certainly appreciate the comments of both the Opposition House Leader and also

the Minister of Justice and Attorney General.

I think the minister did a great job outlining the reason for Bill 13 and

indeed Bill 12, which I hope we will have an opportunity to address in this

House today as well. The Subordinate Legislation Revision Consolidation Act was

enacted in 1995, and we will certainly be addressing that here today also.

Mr. Speaker, it is good to see government taking steps to reduce red tape and

to eliminate unnecessary or outdated legislation. I feel that is, in fact, what

has been done in this instance. The Subordinate Legislation Revision and

Consolidation Act was enacted in 1995, and it did provide for the expiry in 1996

of all regulations in force in the Province on March 31, 1995, unless those

regulations were re-enacted by the Lieutenant Governor in Council under the

power that was conferred by the act prior to that date. This initiative at the

time was known as the Regulatory Reform project. It was part of government's

overall initiative to increase government efficiency and to promote economic

development. The objective of the project was to reduce regulation by government

to the minimal level required while also ensuring protection of the public

interest, which, of course, is of concern to any government.

A working committee was established, as the minister outlined, and that

committee co-ordinated the examination of regulations by various departments in

government. It prepared for the review by the independent commissioner that the

minister referenced. Commissioner Noel then submitted a final report with

respect to the project in September of 1995. The report included a detailed

index of recommendations. It covered things such as regulations that should not

be re-enacted, regulations that should be re-enacted with some amendments,

regulations that could be re-enacted without amendments, and acts that could be

repealed entirely.

Mr. Speaker, the recommendations related to regulations specifically was

addressed by the Subordinate Legislation Revision and Consolidation Act;

however, the repeal of certain acts could not. Mr. Speaker, accordingly, the

Regulatory Reform Act was enacted to effect the statutory changes stemming from

the recommendations of the commissioner who looked at regulatory reform. All of

the commissioner's recommendations were considered. Consequently, those

regulations intended to be re-enacted have been pursuant to the provisions of

the Subordinate Legislation Revision and Consolidation Act, which is a mouthful

as I am finding out here this afternoon. Those that were recommended for repeal

have indeed expired.

It is certainly safe to say that the mandate of the Regulatory Reform project

has been fulfilled, it is complete. Both of these acts that I have referenced

here this afternoon, Mr. Speaker, remain laws in this Province. These two pieces

of legislation are no longer utilized and really do not have any continuing

effect today. It makes sense to do the cleanup as the minister is proposing in

this House this afternoon. I am pleased to hear that the Opposition agrees with

the minister on this matter and I certainly wanted to rise in support as well.

Mr. Speaker, the act in question in terms of Bill 13 is the Regulatory Reform

Act; it complements the Subordinate Legislation Revision and Consolidation Act

which addressed regulatory changes. In order to repeal certain statutory

provisions the Regulatory Reform Act was indeed necessary. Both of these pieces

of legislation worked hand in hand. They addressed the recommendations coming

out of the project and ultimately it made government process less cumbersome for

businesses and residents. While this was certainly a good initiative, I would

argue that our government has gone much, much further when it comes to red tape

reduction.

The Regulatory Reform Act is now spent; it is no longer required so the most

reasonable option is obviously to get rid of this piece of legislation. Each

government department does now regularly review its regulations, which I think

is positive and ensures that we are as efficient as possible in terms of our

legislation. I commend this government for its work on red tape reduction, and I

hope that at some point during debate on these bills we will have an opportunity

to hear more from perhaps our great Minister of Business on some of the

wonderful initiatives that we have undertaken to further reduce red tape.

Mr. Speaker, I certainly support Bill 13, I commend the minister for bringing

the legislation forward and I thank you for the opportunity to participate in

the debate.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Justice and Attorney General. If he

speaks now, he will close debate.

SOME HON. MEMBERS: Hear, hear!

MR. F. COLLINS: Thank you, Mr. Speaker.

I thank the hon. colleagues, the Opposition and the Member for Mount Pearl

North for their comments on this bill. I now move second reading.

MR. SPEAKER: Is it the pleasure of the House that Bill 13,

An Act To

Repeal The Subordinate Legislation Revision And Consolidation Act, be now read a

second time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act To Repeal The Subordinate Legislation Revision And

Consolidation Act. (Bill 13)

MR. SPEAKER: This bill has now been read a second time. When shall the

bill be referred to a Committee of the Whole House?

Now? Tomorrow?

MS BURKE: Presently, Mr. Speaker.

MR. SPEAKER: Presently.

On motion, a bill, "An Act To Repeal The Subordinate Legislation Revision And

Consolidation Act", read a second time, ordered referred to a Committee of the

Whole House presently, by leave. (Bill 13)

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

MS BURKE: Thank you.

Mr. Speaker, I would like to call Order 7, second reading of Bill 12.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. F. COLLINS: Thank you, Mr. Speaker.

I move, seconded by the hon. Minister of Health and Community Services, that

Bill 12 will now be read a second time.

MR. SPEAKER: It is moved and seconded that Bill 12,

An Act To Repeal The

Regulatory Reform Act be now read a second time.

Motion, second reading of a bill, "An Act To Repeal The Regulatory Reform

Act". (Bill 12)

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Actually, for the presentation of this bill, it is simply a matter of

pressing replay on the previous one.

The Regulatory Reform Act, in fact, complemented the 1996 consolidation of

provincial subordinate legislation, as we just discussed. That, of course, was

authorized by the Subordinate Legislation Revision and Consolidation Act, which

we just spoke to in second reading. So, one act complemented the other. The

first act, the Subordinate Legislation Revision and Consolidation Act - as the

member said, it is a bit of a mouthful - is slated for repeal, as the previous

presentations just outlined.

Now, Mr. Speaker, both acts, the Subordinate Legislation Revision and

Consolidation Act and the Regulatory Reform Act, are directly related to the

Regulatory Reform project, which we also mentioned previously, introduced in

1995. If you recall, from my previous presentation, the objective of the

Regulatory Reform Act was to review all government regulations existing at the

time, with a view to either repealing those regulations which are no longer

necessary or amending those which were somewhat outdated.

Now, when the commissioner presented his final report to government, the

recommendations, as mentioned in the previous presentation, set out the

regulations that were not to be re-enacted, the regulations to be re-enacted

with amendments, regulations to be re-enacted without amendments, and acts to be

repealed. Now, Mr. Speaker, while the changes in regulations, as recommended by

the commissioner for regulatory reform, could be addressed by the Subordinate

Legislation Revision and Consolidation Act, the act we just spoke to, the repeal

of certain acts, though, as recommended by the commissioner, could not.

In other words, the Subordinate Legislation Revision and Consolidation Act

dealt with regulations and the repeal of regulations, and the revision and

consolidation of regulations, but certain acts, it could not address. So as a

result, Mr. Speaker, the Regulatory Reform Act was enacted to reflect those

statutory changes that stem from the recommendation of the commissioner for

regulatory reform, in addition to some consequential amendments that arose from

that Regulatory Reform project.

In other words, Mr. Speaker, the Regulatory Reform Act was enacted solely to

authorize government to repeal certain statutory provisions, and enact some

consequential amendments to statutes, as recommended by the commissioner, that

could not be done under the Subordinate Legislation Revision and Consolidation

Act.

So, Mr. Speaker, as stated during the second reading of Bill 13,

An Act To

Repeal The Subordinate Legislation Revision And Consolidation Act, the mandate

of the Regulatory Reform project has now been fulfilled and is complete. So,

subsequently, the same applies to the Regulatory Reform Act. This act is also

spent, no longer being utilized; accordingly, this government proposes that the

Regulatory Reform Act be repealed, as it is not longer required.

Thank you, Mr. Speaker, and I look forward to any comments that might be

made.

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 repeating the purpose of the Regulatory Reform Act.

It was necessary, of course, that he do so in the context of the former bill

that we just dealt with because there is an interlink and was an interlink

between the two.

This particular piece of legislation we are dealing with here today is very,

very specific. It talks only about the Regulatory Reform Act. I agree, by the

way, that this is necessary, because if we are going to clean up the regulations

which we are doing here, this was

an act that existed that no longer needs, it

has been accomplished.

Justice Nathaniel Noel was appointed to do a certain job, he did a certain

job, the minister has acknowledged that the job is complete; we no longer need

it on the books. The only purpose we have here today is explain that is not

necessary and we are all going to vote to get rid of an unnecessary piece of

legislation on our books. Short, sweet, to the point.

In fact, Mr. Speaker, if you look at the actual bill itself, it is a

two-liner. One sentence says, "This Act may be cited as the Regulatory Reform

Act Repeal Act." The second sentence, "The Regulatory Reform Act is repealed."

The minister put the necessary body and discussion around that as he just did. I

would say again, very well-explained, obviously necessary, nothing there to

debate, common sense stuff, clean up your books which we did here with this. We

will be voting in favour of it.

MR. SPEAKER: Before I recognize the hon. the Minister of Business, the

Chair would like to welcome Chief Misel Joe of Conne River to the House of

Assembly. He is in the public galleries.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Business.

MR. DALLEY: Thank you, Mr. Speaker.

I will take a few moments to speak to Bill 12,

An Act To Repeal The

Regulatory Reform Act. I appreciate the comments from the member opposite and

the minister today as well. It is obviously, a bill that would address

regulatory issues that were created back in 1996, a part of the Regulatory

Reform project.

Mr. Speaker, it is a piece of legislation that, I guess, is part of the

ongoing work that we are doing as a government to address regulatory issues

across issues across governments. I want to speak to it a little bit about not

so much to rehash as to where we are today as a government, but I think it is

important out there in the general public when we talk about repealing

regulatory reform, to recognize that it was a working committee that recognized

the need in government back in the mid-1990s. They were able to do some great

work to address the issues of legislative reform, to make some necessary

amendments, and obviously that project was successful.

The reality is as well, that as we sit in our Legislatures and over the

course of time, we pass a considerable amount of legislation thirty-odd pieces

of legislation each time we sit in this House. Through that process it becomes

cumbersome, I guess, in terms of legislation to manage and so on. The reality

is, as was the case in 1996, there was a need to address the outdated, the

legislation that has basically been spent. What we have seen in response to

that, in the mid 2000s, government was able to recognize the need for continued

regulatory reform.

Similar to what we have seen in 1996 in this case we did not come up with a

working group, we kind of embedded it in the department that I am responsible

for, the Department of Business we are across government. We would bring in

some commitments that we would manage regulatory reform where we were able to

build on the project I guess of 1996 and bring it to a point where we realize we

do need to further pay attention to regulatory reform across government. We were

able to eliminate some 83,000 unnecessary pieces of legislation and requirements

and just as happened in 1996 with the Regulatory Reform project, we too saw fit

that through this process we are able to improve the services for businesses and

for people in the Province. At the end of the day, that was the goal of 1996 and

certainly a goal that we share today in our government.

Mr. Speaker, the process that is ongoing, the repeal today does not reflect

where we are and the need to continue regulatory reform. We put extensive time

and effort into it and I want to say to the public today that we have embedded

it to the point where we are looking at zero growth and we manage it through all

departments and because of that we are certainly recognized nationally by the

Canadian Federation of Independent Business; it is ranking second in the country

only behind British Columbia, tied with Nova Scotia for regulatory reform. This

is an opportunity and recognition by our government to build on what we saw in

1996, to build on the project and, Mr. Speaker, we are having tremendous success

with it.

This particular bill even though we are repealing regulatory reform, we as a

government are committed to recognize the need to clean up legislation and that

if we have a strong, more-efficient regulatory environment we are going to need

to be dedicated to it in the long-term. It is all about fostering a proactive,

positive climate for the people of the Province just as it was back in 1996. We

are continuing it, putting the face of the Regulatory Reform Act and certainly

the bill we are speaking about today.

It is a pleasure as the Minister of Business to be able to stand and support

the bill.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Justice and Attorney General. If he

speaks now he shall close debate.

The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

I thank the hon. members for their comments on this bill.

Without further adieu, I will move this bill on to second reading.

MR. SPEAKER: Is it the pleasure of the House that Bill 12,

An Act To

Repeal The Regulatory Reform Act, be now read a second time?

All those in favour, aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, nay'.

Carried.

CLERK: A bill,

An Act To Repeal The Regulatory Reform Act. (Bill 12)

MR. SPEAKER: This bill has now been read a second time.

When shall the bill be referred to a Committee of the Whole House?

Now? Tomorrow?

MS BURKE: Presently, Mr. Speaker.

MR. SPEAKER: Presently.

On motion, a bill,

An Act To Repeal The Regulatory Reform Act, read a second

time, ordered referred to a Committee of the Whole House presently, by leave.

(Bill 12)

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

MS BURKE: Thank you.

Mr. Speaker, we would now like to call Order 9, second reading of Bill 14.

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I move, seconded by the Minister of Finance and President of

Treasury Board, that Bill 14 be now read a second time.

MR. SPEAKER: It is moved and seconded that Bill 14,

An Act To Amend The

Proceedings Against The Crown Act, be now read a second time.

Motion, second reading of a bill, "An Act To Amend The Proceedings Against

The Crown Act". (Bill 14)

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I am pleased this afternoon to introduce Bill 14,

An Act To

Amend The Proceedings Against The Crown Act.

Mr. Speaker, for those who may not be aware in this House and those watching

on the outside, The Proceedings Against the Crown Act defines the rules by which

a government participates in lawsuits. It includes both the right to sue and the

right to be sued. Every province in this country has its own Proceedings Against

the Crown Act.

Mr. Speaker, the Attorney General represents the Province in all actions

taken by the Crown and all actions taken against the Crown. The Attorney

General's Office actually, Mr. Speaker, is the law firm for the Province and has

a battery of solicitors that represent part of the Crown and what actions for

and against the Crown. Sometimes we go outside, Mr. Speaker, and hire outside

counsel when certain expertise is required. So from that perspective, Mr.

Speaker, the Department of Justice and the Office of the Attorney General is a

very interesting place to be because you are at the centre of all lawsuits both

for and against the government.

Mr. Speaker, The Proceedings Against the Crown Act would include provisions,

subject to certain exemptions. It would establish, for example, that government

is legally responsible for all the acts of its officers or its agents. All of

the officers, people who work for governments, people who work on behalf of

government, established as officers or agents, the government of the Province is

legally responsible for their actions.

The act also provides, Mr. Speaker, with respect of wrongs that are committed

by any of the government's agents or public servants, the Crown is responsible

and subject to all liabilities that it will be subject to if it were a person of

age and capacity, as the same liabilities as a person who would be of full age

and capacity. The Crown is vicariously liable for all the acts of its servants

and agents.

The act, Mr. Speaker, also authorizes the Crown to use any defence that would

be available if the proceedings were against private persons, or with a private

person. The Crown is treated the same way as a private person in respect to

proceedings against the Crown.

The act also allows the Supreme Court of Newfoundland and Labrador to make

certain orders against the Crown that it would make against a person. It is that

point, Mr. Speaker, that brings us to the proposed amendment in this act. The

Supreme Court of Newfoundland and Labrador can make certain orders against the

Crown in the same way it can direct the Crown, the same way in which it can

direct a private person. That is the basis for the proposed amendment to this

act.

The purpose of this bill, Mr. Speaker, is to Amend The Proceedings Against

The Crown Act to allow orders that are made against it by a dispute panel

established under the Agreement on Internal Trade to be enforced as if such an

order was made by a superior court of the Province.

Mr. Speaker, the Agreement on Internal Trade is a very important agreement, a

very important piece of business for this Province because it affects so many

departments. Basically, it is an intergovernmental agreement between the

provinces and the territories and the federal government, with the exception of

Nunavut. The agreement is between all the provinces and the federal government.

Basically, what it does, it focuses on reducing barriers to internal trade and

promotes the free movement of persons, goods, services and investments within

the country and across provincial boundaries.

Mr. Speaker, in case a government or one of those provincial jurisdictions,

or a federal jurisdiction, is deemed to be not in compliance with that agreement

on internal trade, well a dispute panel can be set up to deal with that

variance. That dispute panel hears the case and makes a decision.

Mr. Speaker, the order that is made by that dispute panel does not have the

same powers and cannot be enforced in the same way that an order can be made

under the Supreme Court. The purpose of this amendment, Proceedings Against The

Crown Act, is to allow an order made by that panel to be enforced in the same

way as if such an order was made by the Superior Court of this Province. That is

the purpose of this amendment.

Mr. Speaker, from time to time government will introduce a bill that may

involve more than one department, and that is the case with this bill. The

Proceedings Against The Crown Act, Mr. Speaker, falls under the Department of

Justice, but the subject of the proposed amendment in this case, having to do

with trade, falls under the responsibility of my colleague, the Minister of

Innovation, Trade and Rural Development.

Mr. Speaker, when the hon. minister is recognized she will explain and speak

to this bill in a more detailed fashion. My purpose here today, Mr. Speaker, is

to introduce the bill because it comes under the responsibility of the

Department of Justice, and I look forward to debate by other members of the

House.

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 appreciate an opportunity to have a few words with respect to this. I found

it quite interesting, the minister's comments of course. He is quite correct

when he describes the fact that as Attorney General you are basically the law

firm for the Province in anything that happens. He mentioned, quite casually:

well, sometimes we have to go outside because we do not have all the expertise

that is necessary, I guess, inside the Department of Justice to handle all

matters. We have some very well qualified, very exceptional people there who

look after the legal files of this Province. I had the benefit of working with

many of them, particularly the current Deputy Minister, Mr. Burrage, who has

carried many big files for this Province to the Supreme Court of Canada numerous

times himself. We are very lucky and fortunate to have individuals such as him

work in our Justice Department.

I noticed the comment though, about going outside sometimes. Of course, we

are all aware of the recent case where the minister and Attorney General farmed

out the tobacco file to a local firm which happened to be the same law firm that

our former Premier worked for, unsolicited, potentially millions of dollars in

legal fees and refuses to talk about it publicly. Now, I did not raise the issue

of farming it out to an outside firm, Mr. Speaker, the minister did. That is

exactly what happened and he refuses to talk about it. Anyway, that is an issue

that people will deal with because it is still on the public burner yet, as to

how we spend our money wisely or how we handle cases in this Province. Giving

such potentially lucrative contracts to outside law firms without anybody

knowing about it is just unacceptable.

Mr. Speaker, it also raises the question, because we are talking about, in

here, the Agreement on Internal Trade. As the minister said, that is an

agreement between the provinces, Northwest Territories, Yukon, the federal

government is involved. We have agreed to do certain things under that

agreement, and there is obviously a tribunal set up and people make rulings.

Someone complains because they figure you put up a barrier to trade, and we are

not supposed to do that. When you do, someone can complain, you go to a

tribunal, the tribunal makes a decision.

I am just curious if the minister could tell us, has there been any

particular incident which prompted this amendment? Because that internal trade

agreement has existed since 1994, and we find ourselves now in 2011, years

later, putting this provision in. I am wondering, is this something that the

provinces themselves came to recognize, that we did not have any teeth in our

internal trade agreement when it came to enforcing any judgements and awards and

tariffs and penalties that we imposed, or is there one particular case? I am

wondering if the minister could tell us this, because that is very important.

We are seventeen years out from the date of the implementation of that

agreement and we are putting in teeth so that, for example, if we as a Province

have a complaint against Nova Scotia based under that internal trade agreement

and the panel decides that we should be awarded some tariffs, or there should be

penalties, now we are saying we are going to have the ability, or people

outside, at least, will have the ability to enforce that against our Province. I

am just wondering if there is a particular incident that brought this about.

Have there been no complaints filed under the internal trade agreements in

all that time? What caused this to be recognized by our Province at this date

and time? I am not saying it is not necessary. Obviously, if we are going to be

part of the agreement, nationally and provincially, and we are all going to be

subject to the same rules, obviously, we are going to need to have this in our

law, otherwise other provinces are not going to treat us with the same respect.

How can we expect, for example, to get a judgement against Nova Scotia and

enforce it, or New Brunswick, or PEI, or Quebec, if we in turn do not allow

those provinces to have the same benefits when it comes to us making a mistake

under that agreement?

I am just wondering about the background that brought it to light at this

time to justify and require the amendment. I am wondering as well if the

minister can give us any comments that he might have, because this is very

similar, we have another famous financial trading type agreement in our country.

It is called NAFTA, the North American Free Trade Agreement, which Canada, of

course, is subject to, and the United States and Mexico. As we are all aware,

this Province recently, as a result of the Abitibi fiasco in Grand Falls where

they expropriated the properties of Abitibi, cost the taxpayers of Canada $130

million. There was no similar provision under NAFTA and it has been talked

about. I wonder if the minister could give us the comparison because we are here

now setting up today a formula whereby if there is a tariff or penalty ordered

under internal trade, we are saying in this piece of legislation we are going to

allow other participants to that agreement to sue us and have their agreements

enforced and their penalties enforced.

From my understanding, there is no similar such provision in NAFTA, and I am

wondering if the minister can tell us in the context of this here , because

there is apparently some incident or some review that has initiated us dealing

with this amendment. I notice the Minister of Natural Resources was quite quick

to raise the issue of relevance because I mentioned Abitibi and I mentioned the

$130 million mistake. He does not want to talk about that, Mr. Speaker. It is

relevant because there is a great comparison here between the Agreement on

Internal Trade, which we are talking about here today, and our Proceedings

Against the Crown Act, which we are changing, and the NAFTA provisions. I am

wondering if the minister can give us that comparison about what exists there

versus what exists here.

Thank you, Mr. Speaker.

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

Development.

SOME HON. MEMBERS: Hear, hear!

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

Mr. Speaker, I am happy to stand today and have a few comments on Bill 14,

amendments to the Proceedings Against the Crown Act. This particular act deals

with or encompasses the Agreement on Internal Trade, Mr. Speaker, or AIT as it

is more commonly referenced. It is an intergovernmental agreement between all

provinces, territories, and the federal government, with the exception of

Nunavut. So, in reference to a comment made just a moment ago by the Opposition

House Leader there, this has nothing to do with one country against another

country. This is the Agreement on Internal Trade only; therefore, NAFTA does not

fit underneath the Agreement on Internal Trade. It is not country-to-country; it

is provinces and territories within a country, the country of Canada.

For the last fifteen years, Mr. Speaker, AIT has focused on reducing barriers

primarily to internal trade and promoting the free movement of persons, goods,

services, and investments within this country. It is an agreement that supports,

clearly, Newfoundland and Labrador's investments on a variety of different

levels, Mr. Speaker. First of all, it creates opportunities for local businesses

to compete on and to secure contracts in other parts of Canada. From a labour

mobility perspective, it provides Newfoundlanders and Labradorians with

employment opportunities over and above those that are available in this

Province. So, Mr. Speaker, that agreement on internal trade which has been

embraced by all provinces and all territories, with the exception of Nunavut, is

very much something that we value as well.

In essence, we believe that this particular agreement is a strong agreement

on internal trade. It contributes, Mr. Speaker, to the economic vibrancy of

Newfoundland and Labrador as well. Over the last number of years, jurisdictions

have collectively explored measures to strengthen the agreement and to make it

more enforceable. That is what this particular amendment is about: It is how to

make this particular agreement more enforceable.

Over the last number of years, jurisdictions have collectively explored those

measures. Allowing monetary penalties is the means that has been agreed upon by

the provinces and territories. Basically, what it means is that, in penalizing

parties deemed to be offside with their AIT obligations, we will have now in

place a strong and a meaningful deterrent, Mr. Speaker, that will ensure a

concrete measure of enforceability. There is not much point to have an Agreement

on Internal Trade if we find that a province or a territory is offside and we

have no way then to make them compliant. So, what was deemed important was to

have some sort of enforceable penalty here. That is the reason that this

particular amendment has come forward.

Mr. Speaker, the Government of Newfoundland and Labrador agreed to the

amendment; therefore, were happy to agree to the addition of monetary penalties

for government-to-government disputes, meaning province-to-province or

province-to-territory disputes, under the AIT. We agreed to that in the spring

of 2009, Mr. Speaker.

As part of adding those monetary penalties to the AIT, it is necessary then

for each jurisdiction to make provisions to ensure the payment of monetary

penalties and dispute penal costs. Again, that is the primary reason for the

amendment to this particular act, Mr. Speaker.

In order to make those provisions and to make those amendments, we require an

amendment to the Proceedings Against the Crown Act for Newfoundland and

Labrador. Many other provinces have already made the changes to their respective

legislation to ensure that they are able to meet their obligation, Mr. Speaker.

We are in the process now of attempting to make the same amendment here so that

we, too, can be compliant.

It might be a good point, Mr. Speaker, simply to give you an overview of the

proposed AIT dispute resolution process that would follow, that would ensue. In

the event that one jurisdiction believes that another is acting in

non-compliance, so if the Province of New Brunswick believed that the Province

of Manitoba was non-compliant, or if Newfoundland believed that another province

was non-compliant, what would we do about that? What is the process? Well, the

process is simply that a dispute resolution panel would be established. That

panel would consist of representatives from various provinces. They would hear

the case, they would deliberate on the case, then they would state their ruling:

Yes, this particular province is non-compliant with the Agreement on Internal

Trade; no, it is not non-compliant, it is compliant within the terms and

conditions of the agreement.

Mr. Speaker, if it is deemed non-compliant, then we need something. We need a

measure then, other than simply saying you are non-compliant, you should become

compliant now. It is not very enforceable and not very strong. Instead, we need

something that makes that particular agreement more compliant, more enforceable.

If a government measure is deemed to be in non-compliance by that dispute panel

that I referenced and an AIT party refuses to change - and that is an important

point here. If the party, if the province in question r

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2011-04-07
Typehansard
Volume / chapter2011-04-07
Languageen
Formathtm
SourcePROVINCIAL
Identifiercba8e104a72427a8d8b6e575b50b9c4cc2c9d991

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