Newfoundland and Labrador Hansard — Statements by Ministers — 14 November 2017 (48th General Assembly, 2nd Session, Vol. XLVIII No. 33)

2017-11-14

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Statements by Ministers — 14 November 2017 (48th General Assembly, 2nd Session, Vol. XLVIII No. 33)

2017-11-14

Newfoundland and Labrador — Debates (Hansard)

PDF Version

November 14, 2017

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 33

The

House met at 1:30 p.m.

MR. SPEAKER (Trimper):

Order, please!

Admit

strangers.

Today in

the Speaker's gallery I recognize Chief Justice Derek Green, who will be the

subject of a Ministerial Statement. He is joined by Mrs. Trudy Green, Mrs. Susan

Green and Mrs. Gillian Lye.

A very

big round of welcome.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

In the public gallery I'd

like to welcome Mr. Kirk Smith, school principal for Octagon Pond Elementary,

who will be referred to in a Ministerial Statement today.

Also in

the public gallery, I'd like to welcome three students visiting from the College

of the North Atlantic in Qatar, who are here with faculty members today. They

will be competing in the College of the North Atlantic's Newfoundland and

Labrador Business Case Competition at the Grand Falls-Windsor campus from

November 16-18, 2017. They are Maryam Al-Bader, Ghanem Al-Kaabi and Ruqaia

Zarea.

Shukran.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

MR. SPEAKER:

Today we'll hear statements

from the hon. Members for the Districts of Harbour Grace – Port de Grave,

Fortune Bay – Cape La Hune, Conception Bay South, St. George's – Humber, St.

John's Centre and Torngat Mountains.

The hon.

the Member for Harbour Grace – Port de Grave.

MS. P. PARSONS:

Thank you, Mr. Speaker.

I'm very

proud to recognize the Trinity-Conception-Placentia family support group, a

local

chapter of the Autism Society of the Newfoundland and Labrador network. As

we know, there has been an increase in the number of children diagnosed with

autism across our province in recent years. We also know that autism simply

isn't about an individual but, rather, an entire family.

Well,

the TCP support group considers itself to be just that: a large family which

comes together with a goal of helping and empowering its members. This

organization is comprised of volunteers providing resources to families,

including hands-on workshops and programs pertaining to various autism topics

such as transitions, social thinking, adult leisure, social clubs and

community-based therapeutic recreation.

The team

is a completely family-directed group, meaning its moms, dads, grandparents and

siblings who roll up their sleeves fundraise and orchestrate all activity. The

Trinity-Conception-Placentia team is growing each year. There are members as

young as 18 months to members who are in their 30s.

This

local organization certainly is an asset to those living with autism and their

loved ones. Please join me in recognizing them on their dedication and success.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fortune Bay – Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

I rise

in this hon. House to pay tribute to Miawpukek First Nation for the successful

ratification vote on the Miawpukek First Nation Land Code, which took place on

September 29, 2017. With this historical vote, community residents decisively

chose that authority over land governance be restored to Miawpukek First Nation.

I offer

congratulations to band council and Chief Misel Joe for your tremendous

commitment to self-sufficiency. I am honoured to quote Chief Joe's words to sum

up the significance of this momentous accomplishment and let Miawpukek members

know how much we share in your great pride for this milestone in your history.

“Land

governance will now reflect the unique needs and traditions of the community,

provide sound and environmental protection for our reserve, and accelerate

progress in generating sustainable economic development opportunities. We are a

progressive and proud people, striving for self-sufficiency through education,

economic development, social development and participation in the regional

economy while protecting our reserve lands and resources.”

I ask

that all hon. Members join me in congratulating Miawpukek First Nation for the

extraordinary strides they have made in establishing their community as an

amazingly credible, vibrant, culturally diverse gem on our South Coast.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

Mr.

Speaker, on October 11, my colleague the MHA for Topsail – Paradise and I

attended the Canada 150 Leadership Award ceremony acknowledging the significant

contribution of the Conception Bay South Monument of Honour Committee.

During

this event, the unveiling of a commemorative book dedicated to the Monument of

Honour was showcased and released. The Honourable Frank F. Fagan presented

copies to students and representatives from our local schools. Wayne Miller, who

spearheaded this initiative, hopes to keep the memory of all veterans and first

responders alive and to educate our youth on the sacrifices made by local

residents for the freedom we enjoy every day.

I would

like to acknowledge the members of the Monument of Honour Committee: Wayne

Miller, Jim Power, Gerry Kelly, Paul Dawe, Woody French, Jerry Farrell, Adrian

Power, Art Dawe, Daphne Dawe, Jennifer Hutchings, JoAnne Stone, Sandra Baggs,

Greg Coates, Richard Murphy, Todd Brophy, Jim Hapgood and Harry Pride.

Mr.

Speaker, I ask all hon. Members to join me in commending the Monument of Honour

Committee for their great work and dedication to the Monument of Honour project.

Congratulations on receiving the Canada 150 Leadership Award. I want to thank

them all for their commitment to our community.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

George's – Humber.

MR. REID:

Mr. Speaker, recently, the

Canadian political science community and Memorial University lost one of

Canada's foremost scholars.

Dr.

Christopher Dunn's career at Memorial spanned nearly three decades. He developed

a reputation for quality research and scholarship. His publications about

Cabinets, deputy ministers, federalism and government have been widely read

across Canada.

One of

his significant contributions to public policy in this province and to this

House of Assembly was as a political advisor for the Review Commission on

Constituency Allowances and Related Matters – or the Green Report as it's

commonly known – in 2007.

taught many students over the years and had a significant impact on many young

people's lives. He will be remembered by many as a kind and caring man.

Dr. Dunn

was an esteemed scholar. He had written and edited several books, numerous

journal articles and conference presentations on politics and public policy over

the years.

I ask

all Members to join with me in recognizing the tremendous contribution of Dr.

Dunn and also in extending condolences to his wife, Hilda, and his sons,

Christopher and James.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Before I continue, I would

like to recognize Jessica, Jane and Susan Rendell from Heavenly Creatures.

They're also in the gallery here for a Member's statement which is about to be

read.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

Sixteen

years ago, three passionate animal lovers founded Heavenly Creatures, the

province's first no-kill, foster-based animal rescue organization. Jessica

Rendell, Elaine Johnson and Thomas Ozon had a dream that together they could

build an organization dedicated to the rescue, rehabilitation and finding homes

for unwanted and abandoned animals in Newfoundland and Labrador.

Heavenly

Creatures has grown steadily since then. They discovered there's a home out

there for just about every animal, even if the animal is old or has a medical

condition. Their foster program allows them to keep animals for months if

necessary, caring for them and rehabilitating them, readying them for permanent

homes.

Today,

Heavenly Creatures has over 100 animals in foster care; it runs Heavenly

Bargains, a thrift store on the corner of Cashin and Mundy Pond Extension, and a

pet food bank to help people who have a tough time feeding their animals. This

is especially true for seniors whose pets provide companionship.

None of

this work would be possible without the many incredible volunteers and the

vision and dedication of their director, Jessica Rendell.

Congratulations and thank you to the good people of

Heavenly Creatures for their ongoing work in our community.

Bravo, Mr. Speaker!

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

SOME HON. MEMBERS:

Hear, hear!

MR. EDMUNDS:

Thank you, Mr. Speaker.

addition to my hon. colleague for Topsail – Paradise, I, too, wish to

congratulate athletes who represented the province at the World Dwarf Games held

in Guelph, Ontario in August. In particular, I would like to recognize

10-year-old Brooklyn Woolfrey of Rigolet on her accomplishments. Brooklyn

actually preformed her ancestral Inuit drum dance at the opening ceremonies of

these prestigious international games.

Brooklyn

competed in many events and, at times, played against males in her own age

group. She also played doubles badminton with young Nicolas O'Quinn from

Paradise. They placed fourth in this competition.

Brooklyn

won gold medals in swimming and floor hockey. She also placed fourth in track

and field, missing out on a medal by tenths of a second, which is quite an

accomplishment considering she only ran track once in her life prior to the

games.

Brooklyn

totally enjoyed the experience and had so much fun representing her culture and

our province. Hopefully, she will consider competing in the next World Dwarf

Games in 2021 at a location to be determined.

Brooklyn, you did your community proud and your province.

I ask

all Members to join me in congratulating Brooklyn Woolfrey on her

accomplishments.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Mr. Speaker, I rise in this

hon. House today to recognize the career and contributions of the hon. J. Derek

Green, Chief Justice of the Supreme Court of Newfoundland and Labrador, Court of

Appeal. With 17 years as Chief Justice and over 43 years of experience,

dedication and commitment to the justice system of this province, Chief Justice

Green has had a tremendous impact on the provincial legal system.

Chief Justice Green is a great legal mind and jurist. His

extensive legal career included private practice, chairing the Newfoundland Law

Reform Commission and acting as counsel to two commissions of inquiry in the

1980s. He was appointed as a Justice in 1992 and was then appointed Chief

Justice of the Supreme Court, Trial Division, in 2000. In 2009, he was appointed

Chief Justice of Newfoundland and Labrador, Court of Appeal.

Mr. Speaker, very notably, in 2007, Chief Justice Green

served as sole commissioner of a public inquiry into constituency allowances and

spending practices relating to Members of the provincial legislative assembly.

The recommendations from his report are what guide us in the Legislature today.

Throughout his time in the justice system in this province, Chief Justice Green

has been involved in advancing the courts and making them more open and

accessible. He has been a champion for access to justice and has even spoken on

aspects of reform of judicial discipline procedures and court reform at events

around the world.

Mr.

Speaker, these will be enormous shoes to fill. I ask all hon. Members to join me

in thanking Chief Justice Green for his many years of service. The justice

system in this province has been strengthened due to his contributions and his

commitment.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Order, please!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

I thank

the minister for an advance copy of his statement today. We join with the

minister in welcoming our special guest to the House today and congratulating

him on a stellar career for Newfoundland and Labrador.

Mr.

Speaker, 17 years of service as chief justice and 43 years in a career of

contributions to our province's justice system is certainly worth and deserving

of his recognition here today.

As a

parliamentarian, I'd also like to join with other MHAs in recognizing how Chief

Justice Green and his work around House management and also expectations and

conduct that's expected of Members of the House of Assembly and how that was

transformed.

His

impact not only here in our Legislature and governance, but also on our province

is to be commended. I thank him personally for his dedication and commitment,

and we wish him and his family all the very best.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

I thank

the minister for an advance copy of his statement. Among all of Chief Justice

Green's many, many accomplishments stands his work to rebuild the confidence in

this House of Assembly. His report,

Rebuilding Confidence , and his legislation, the

House of Assembly Accountability,

Integrity and Administration Act , has had incredible influence on our House;

its effects can be felt daily.

His

incredible work in modernizing our justice system and insisting it be accessible

to all people is a lasting legacy.

Chief

Justice Derek Green, the people of Newfoundland and Labrador thank you. You are

a justice superhero.

Bravo!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Education and Early Childhood Development.

SOME HON. MEMBERS:

Hear, hear!

MR.

KIRBY:

Mr.

Speaker, I rise today in this hon. House to pay tribute to the late Sergeant

Donald Lucas, member of the 2nd Battalion, Royal Canadian Regiment, who was

killed during active duty in Afghanistan in 2007.

Last week, I had the honour of participating in a

Remembrance Day assembly and special dedication ceremony held at Octagon Pond

Elementary School. Following the assembly, invited guests, family and friends

gathered to witness the official naming of the school's library, now known as

the Sergeant Donald Lucas Commons.

Mr. Speaker, the Sergeant Donald Lucas Commons is a

welcoming space that builds community. It is a meeting place for students and a

portal to the preservation of knowledge, creativity and discovery.

Sergeant Lucas was known to many as a dedicated

soldier, a devoted family man and a committed member of the community. His

service and commitment to our country will forever be remembered.

Mr. Speaker, the dedication of the library was

initiated by Octagon Pond Elementary School Principal Kirk Smith. Mr. Smith has

a distinguished career as a teacher and administrator, and also serves as a

Lieutenant Colonel with the Canadian Forces Army Reserves as Deputy Commander of

37 Brigade and Commanding Officer of 37 Signal Regiment.

Mr. Speaker, the newly mounted poster in the Sergeant

Donald Lucas Commons reads:

They shall not grow old, as we that are left grow old:

Age shall not weary them.

Nor years condemn.

At the going down of the sun and in the morning

We will remember them.

Mr. Speaker, I invite my fellow hon. Members to join

with me in acknowledging the family of Sergeant Lucas and in thanking our

courageous men and women in uniform – both home and abroad – who put their lives

in harm's way every day in service of our province and our country.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR.

SPEAKER:

The

hon. the Member for Topsail – Paradise.

MR.

P. DAVIS:

Thank you, Mr. Speaker.

I thank the minister for an advance copy of this

statement today as well. I had the honour of being invited to attend last week's

ceremony and assembly. I thank Principal Kirk Smith for the invitation.

I've gotten to know Principal Smith or Lieutenant

Colonel Smith since the new school opened. I can tell you, Mr. Speaker, he's

becoming very well recognized, not only in the school, but in the community at

large for the great work that he does with the students and children of the

area.

This dedication last week, dedication and recognition

of Sergeant Donald Lucas, was very sincere and moving; truly a moving day for me

I can tell you, Mr. Speaker. His wife, Natasha, his son, Matthew, his daughter,

Mackenzie, as well as family and friends were also in attendance, and also to

recognize that Octagon Pond school is actually located on Sgt. Donald Lucas

Drive. So not only is the school located on Sgt. Donald Lucas Drive, but to have

the Commons named in recognition of Sergeant Donald Lucas

I know was truly important for those in attendance.

I thank

the minister for recognizing this today. I thank Principal Smith for the work

that he's done as well. Mr. Speaker, we will remember him.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for St.

John's East – Quidi Vidi.

MS. MICHAEL:

Thank you very much. Mr.

Speaker.

I, too,

thank the minister for the advance copy of his statement. Congratulations to the

Octagon Pond Elementary community on the dedication of their new library. Those

who put their lives in harm's way do so to protect and preserve our rights and

freedoms, which include the pursuit of knowledge.

What a

better way to commemorate Sergeant Lucas's memory. I hope the new library will

be a source of inspiration, peace and knowledge to all who use it.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

Oral

Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

question today is for the Premier – my first question. Mr. Speaker, according to

the fiscal update this morning, the Liberal's so-called fiscal plan is failing.

Today's fiscal update encased the projected deficit has risen from $788 million

to $852 million, while taxes and fees continue to strangle the economy.

I ask

the Premier: What is your plan to reduce the deficit moving forward, which is

continuing to grow under the Liberal watch?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, I have a chance

to stand in this House of Assembly today and to say that

The Way Forward is indeed working.

SOME HON. MEMBERS:

Hear, hear!

PREMIER BALL:

I'm not so sure when the

Leader of the Opposition got a 99 per cent grade in matching targets, but I can

assure you it wasn't in 2015 when he refused to even do a mid-year update.

This is

the very person that's standing up today and questioning the Minister of Finance

on the delivery of a mid-year update that the person opposite forgot about –

deliberately forgot about it, did not give it to the people of our province just

a few days before the election. For some reason, I just find it astounding today

that the Member would get up and say that a 99 per cent meeting target is not a

good number. In my view, it is a good number.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Well, as

I said, the deficit continues to grow beyond what they had projected. Housing

starts are lower than what they had projected. Unemployment rates are higher

than what they projected – very significant to Newfoundlanders and Labradorians.

Premier,

my question was very simple: What's your plan to reduce the deficit, which is

growing under your watch? It's a simple question.

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

In 2015,

when we came into government, the deficit was forecast to be – which the Leader

of the Opposition deliberately forgot to tell the people of the province –

again, $2.7 billion.

Why does

this individual stand in this House today and question this government when in

2015, just less than 24 months ago, this person deliberately hid information

from the people of this province that would have led to a $2.7 billion deficit?

Mr.

Speaker, in the forecast today, that is significantly reduced, working with the

people of our province, some just $852 million deficit. It is a significant

deficit, Mr. Speaker. The Way Forward

outlines much of this. Our plan is working. Any time you meet 99 per cent of

your target, that plan is working.

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

I've

twice asked the Premier what his plan is and apparently he doesn't have one

because he's failed to comment or tell us what the plan is.

So I'll

ask the Minister of Finance, because he stated this morning on VOCM that we're

out of crisis, is what he said this morning on VOCM; yet, the provincial deficit

grows and all the indicators, as I just mentioned, are going in the wrong

direction. They haven't met the target, those very important targets that impact

people, Mr. Speaker.

The

former minister of Finance in April stated that we're still in a fiscal crisis.

While they haven't met their targets, the minister says we're out of the fiscal

crisis.

I ask

the minister: What is it? Are we in a fiscal crisis or are we not?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL :

Mr. Speaker, I'm sure the Minister of Finance will have ample opportunity to

answer some more questions for the Member opposite.

When he

talked about The Way Forward , Mr.

Speaker, which, just a year ago The Way

Forward vision was announced, presented to the people of the province, which

is for growth and sustainability. We have already announced our industry sector

work plan with agriculture, with aquaculture. The technology sector is coming,

Mr. Speaker. People on the Burin Peninsula with CFI are currently working. The

White Rose extension is providing some 5,000 jobs to Newfoundlanders and

Labradorians. We've been able to secure those just in this one year, Mr.

Speaker, so that's considerable improvement.

Mr.

Speaker, if you go back to the PC government, go back to what they outlined, one

of the challenges that we faced is with Nalcor. That is a legacy of the –

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Three

questions and three answers with blame game, which we know that the Members

opposite are very well known for. Instead of laying out what their plan is,

instead of talking about answering questions about who is correct, because we

know they don't like to provide information over there, Mr. Speaker. We know

they don't like to answer questions and provide information.

The

minister in April said the province was in a fiscal crisis. They haven't met

their targets, things have gotten worse. The minister this morning says we're no

longer in crisis. I know people are in crisis.

I ask

the minister: Is there a crisis or is there not?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, one more time

I'm going to get up again and then we'll let the Minister of Finance do his job.

Mr.

Speaker, the Member opposite just talked about blame game. Mr. Speaker, this is

not a blame game. This is a reality check. The Leader of the Opposition fails to

recognize and accept the responsibility of his government, which is laying the

burden of the financial situation of this province. It is clearly on the feet of

the Leader of the Opposition and the PC Party that had $25 billion to secure the

future of this province. They failed to do it. This is not a blame game, Mr.

Speaker; this is a reality check. Accept your responsibility.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

I remind all hon. Members

that I only want to hear from the Member that I've addressed.

The hon.

the Leader of the Official Opposition.

Thank

you.

MR. P. DAVIS:

Thank you very much, Mr.

Speaker.

They're

getting heated over there today. They are getting very defensive is what's

happening over there today, very defensive, as you can see, Mr. Speaker, even

while the Premier continues to chirp at me while I'm asking his next question.

It was

2015 when they finally rolled out their plan, just days before the election

campaign. It was referred to as gibberish, magical, pixie dust, is what people

looked at it and said. That's what it is, Mr. Speaker. They promised a 10,000

per cent return on diversification and it was called gibberish, Mr. Speaker. The

Premier had the road ahead. He promised a stronger tomorrow and

The Way Forward.

Well,

Premier, your way forward has brought us in the wrong direction. How are you

going to turn it around?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

SOME HON. MEMBERS:

Hear, hear!

MR. OSBORNE:

Mr. Speaker, at the risk of

saying that I'm using the blame game, our fiscal target here, our royalties were

off by 1 per cent. Their deficit projection of $1.1 billion when the reality was

$2.7 billion is almost three times, almost 300 per cent, almost, that they were

off. I'll tell you that our plan is working because government's expenses are

$22 million less than what we projected.

We don't

control the price of a barrel of oil. We were off, Mr. Speaker, on oil revenues

by $147 million. Our deficit projection was only $75 million. I think we're

doing pretty –

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

The

minister thinks they're doing a good job. He should talk to Newfoundlanders and

Labradorians that are leaving this province and moving away like we haven't seen

in years, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

He should talk to people who

are paying taxes and fees like never before. Even the previous minister

acknowledged tax fatigue in April and they can't meet their tax revenue targets.

I ask

the minister: What's your plan on a go-forward basis? How are you to fix this

mess that you've created over the last year?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, I'm going to try

not to laugh because I need to answer the question. How are we going to fix the

mess we created? We didn't leave the province with a $2.7 billion deficit. We

didn't leave the province, Mr. Speaker, with borrowing on average to meet that

projected deficit, a projected $4.38 million a day just to meet the deficit. Mr.

Speaker, I think he needs to have a good look in the mirror.

What I

will say, as the Member knows, your projections in 2014-15 called for job

reductions in this province because you knew that three major projects were

going to wind down. That's why there are not as many people working.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

This

coming from a former Health minister that I think, while under his watch, had a

10 per cent increase in health spending in one year, Mr. Speaker. He talks about

what we've done.

Mr.

Speaker, the Finance Minister makes a good point in pointing out what we said

back in '14 because we were reducing the cost to government in 2013, 2014 and

2015. We campaigned on reducing the cost to government and not putting the

economy in a tailspin, which is exactly the mess I'm talking about because

that's what they did with their 300 tax increases and fees. They might not be in

crisis, but people are in crisis, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

I ask the Premier: What are

you going to do about the crisis that people are facing in our province?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

I tell you what a crisis

would have been. When the bond-rating agencies found out that the actual deficit

was $2.7 billion and the very real risk of a significant downgrade in our

ratings, that would have been a crisis.

A crisis

is when our lending agencies find out that even though he went through the

campaign continuing to promise more and more spending and refused to tell the

people of the province that the deficit was almost three times what he was

telling them it was – the lending agencies not lending money to the province,

that would have been a crisis.

What

would we have to shut down if we didn't take quick and decisive action to get

the province headed back in the right direction? I'll ask you that.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

I don't

know how to tell the Minister of Finance this, but only to tell him that his job

is about the people of our province. People are in crisis, Mr. Speaker. They

can't afford to live in our province anymore. They can't afford to pay the taxes

and fees that that crowd over there imposed on them. They can't do it.

They're

only dealing with half the balance sheet. They promised a stronger tomorrow.

They promised a way forward. They promised a road ahead. They promised the world

to Newfoundlanders and Labradorians and they failed to deliver.

I've

asked the Premier four or five times – he lets the Finance Minister answer, but

I'll ask him again: What is your plan to reduce the deficit, the growing deficit

you talked about this morning, the deficit that's growing under a Liberal watch?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, again, this is a

tale of two stories because the Member opposite says you shouldn't have

increased taxes. Well, to tackle a $2.7 billion deficit – the gift you left the

province – to tackle that, I ask: What services do you suggest we should have

cut?

We have

focused on people in this province. We haven't had major layoffs and we haven't

had major public service cuts in this province, I say to the Member opposite.

But we did have to take quick and decisive action to ensure that our bond

ratings didn't decrease and to ensure that our lending continued, so that we

could continue to provide those services to the people that need them.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, over the past 18 months I've asked the Minister of Natural Resources on

the creation, approval and release of new royalty regulations, but I've been

told they were not available.

Can we

finally have an update from the minister on exactly what's happening?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Thank you, Mr. Speaker.

The

Member opposite is indeed correct; he has asked me in this House of Assembly.

I'll remind him that throughout the past year, I was saying the regulations were

under development. As late as August, Mr. Speaker, I reminded him that those

regulations would be in place this fall.

The

regulations are now in place to support a previously announced generic oil

royalty regime, Mr. Speaker. Industry was well aware of this as we were

developing those regulations. They were apprised all the way through this.

They

were paying attention, Mr. Speaker. They understood that they were released. I

do have copies of letters to show that we had indicated to the industry that was

so.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, the last time I asked the question was August 8 here in the House. I

asked the minister at that time where the generic oil regime was and when could

we expect it. Her response was: “It is important to the people of this province

to understand where we are with the generic oil royalty regime.”

Minister, why did you not tell the House of Assembly that Cabinet had approved

the royalty regime in May? Why the secrecy?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Mr. Speaker, I will say to

the Member opposite, as I said in August, those regulations were under

development. I went on to talk about, throughout the last year, how important it

was to our competitiveness and how other work is ongoing. I'll say again it's

continuing. We're working with industry on our competitiveness.

Those

regulations are now in place for the generic oil royalty regime that was

announced, and to great fanfare, I would say, in November of 2015. Those

regulations are now announced.

We're

going to continue to work with industry and stakeholders, Mr. Speaker, to ensure

the competitiveness of our oil and gas industry. It's very important to the

people of the Province of Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, in November of 2015, our administration announced a new royalty regime

following consultation with industry. Now we've found out that the Liberal

government announced a new royalty regime in a May 2017 Cabinet deal.

I ask

the minister: Were there any differences in the announcement we made in November

2015 by our government and what you secretly just recently let out that you had

approved it by Cabinet in May. Was there any difference between the two of them?

MR. SPEAKER:

The hon. Minister of Natural

Resources.

MS. COADY:

Mr. Speaker, the Member

opposite keeps using the word “secretive,” which is incorrect completely.

Perhaps

he wasn't paying attention. All throughout the last year I've been saying these

regulations were under development. All throughout the last year I've been

telling him about the competitiveness review that we're undertaking that looks

at the entire ball of value. All throughout the last year, including as late as

August, I told him it was going to be ready this November.

Mr.

Speaker, the industry has been very engaged in this process. We'll continue to

ensure our competitiveness. The generic oil royalty is exactly the same as was

released in November of 2015. The regulations are now around that regime.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

So the

minister just said the regulation regime was the same, yet we've had two years

that have elapsed. She indicated that in the House here she was doing

consultation and we find out that in May the actual regulations were approved by

Cabinet.

If they

were the same and they were approved by Cabinet in May, why didn't you announce

them? Why didn't you let the House of Assembly know and the people of the

province know when you were asked?

MR. SPEAKER:

The hon. Minister of Natural

Resources.

MS. COADY:

Thank you, Mr. Speaker.

Perhaps

I need to be a little bit slower in my delivery. Allow me to say to the Member

opposite as I've said repeatedly: what's really important to our industry is our

competitiveness globally.

As he

will recognize, as will everybody in this House and everyone in Newfoundland and

Labrador, industry has changed significantly over the last number of years

because of a decline in price. We wanted to make sure we did our due diligence.

We met

again with the company that helped to deliver the generic oil royalty regime. We

asked them to review in light of the new circumstances in the oil and gas

industry. We met repeatedly with our partners and stakeholders in the industry

to make sure that what we were doing was correct.

That's

why, Mr. Speaker, we're doing the entire review.

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, the minister has acknowledged that the regulatory regime announced in

November 2015 is the same one that was just consented recently.

I'll ask

the minister: How much money did you spend on consultants reviewing your regime

that already was approved two years ago? What was the cost of that?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

I'm going to remind the

Member opposite it's not the regulations that he announced in 2015, but the

regime. This government put the regulations, the backfilling of all of what's

required to ensure that regime was put in place.

We've

done that now, Mr. Speaker. It was done and approved and put out there on the

1st of November in a very public process, the public gazetting. The industry was

all aware.

Mr.

Speaker, we did have a small consultation project with Wood Mackenzie, the

company that did do the initial work. I'll find out how much it cost, but it was

very small dollars.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

I just remind the minister,

she's the one that indicated that the 2015 royalty regime that was announced was

the same one that was just gazetted recently.

Mr.

Speaker, I'll ask the Premier: Do you think it is okay to waste almost two

years, hide decisions that were made by your Cabinet, which you lead, and spend

money into a royalty regime already approved in 2015?

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Mr. Speaker, we did say,

during the last year in this House, it was important for the competitiveness of

the oil and gas industry to do a full review. The regime that was put in place

in November of 2015 was the same regime that industry was using during the last

two licence rounds.

clearly indicated that to the industry. They were fully apprised; they were

fully aware, Mr. Speaker. We did our due diligence.

Mr.

Speaker, the generic oil royalty regime is for future development of production.

We are not in negotiations with anyone at this point, but this new generic oil

royalty regime gives clarity and certainty to the industry.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, the latest land bids for the offshore are a fraction of what they were

in prior years. In 2015 I think they were up over $1.2 billion; this year

they're about $15 million. Industry flees from uncertainty.

The

climate of uncertainty you've created is taking a toll on opportunities and

investment in jobs. Will you acknowledge that you may have compromised one of

the most important industries and thousands who depend on it by creating a

climate of uncertainty, unpredictability and mistrust that can chase investors

away?

MR. SPEAKER:

The hon. Minister of Natural

Resources.

MS. COADY:

Mr. Speaker, that is

unbelievable. For him to equate what this government has done in supporting and

developing the oil and gas industry, to having it uncertain, is clearly wrong.

We have

attracted seven new entrants into our oil and gas industry, $3 billion of

exploration. Mr. Speaker, we've had the largest 3-D seismic program in the world

happening off our coast.

I'll

remind the Member opposite that the generic oil royalty regime is for future

production. Now he's referring to the amount that was available under the land

tenure and I'll be happy to answer that question at the next opportunity.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

I remind

the hon. minister it was our seismic project that we invested millions of

dollars, that we've seen the benefits in land sales over the past number of

years. That's a fact. That's reality.

I'll ask

the minister, finally, for a question that she hasn't been able to answer. The

royalty regime was the same two years past. In May it was passed by Cabinet. She

didn't tell us. We asked here in the House and it wasn't until it was gazetted a

few days ago that we found out about it.

Why is

it, Minister, once and for all, you didn't notify Newfoundlanders and

Labradorians about the new royalty regime? It's very simple.

MR. SPEAKER:

The hon. Minister of Natural

Resources.

MS. COADY:

Let me answer the question

that the Member opposite asked about the difference in the land tenure from this

year to last year, and why there was a significant difference in dollar value.

Mr.

Speaker, this year we offered expansion lands in the Jeanne d'Arc Basin. We were

very pleased to have two proponents come forward to say they wanted to do extra

expansionary work and exploratory work in the Jeanne d'Arc Basin.

wasn't frontier lands that were available. They will be available in 2018, Mr.

Speaker. We're hoping to go back to some of those incredible bids that we've had

over the last number of years in exploration.

I will

say to the Member opposite, I advised in August that these regulations were

coming this fall. They're here for the generic oil royalty regime. We're going

to continue to make sure we're the most competitive jurisdiction.

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

Minister, in another email chain concerning a constituency school busing issue

with the Member for Placentia West – Bellevue you stated: If elected trustees

cannot stand by the decision of the school district and properly explain them,

then they are probably better suited to do other volunteer opportunities.

Minister, is this an appropriate way to treat volunteers in the school district?

MR. SPEAKER:

The hon. Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, let me repeat

one more time: It was our party in Opposition that stood against that government

when they decided to get rid of all of our school boards. It was our party in

Opposition that stood against their government when they decided to fire all of

the duly elected trustees at four different school districts. It was our

government that stood against them when they appointed all of their hand-picked

trustees to fill the vacant positions that they had created.

We have

brought elected school trustees back into the school system in this province,

returned that right to elect trustees to the people of Newfoundland and

Labrador. So I'll take no lectures from the Member opposite.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

So democracy and due

diligence by volunteers only works for the Opposition and this minister when it

suits his needs, Mr. Speaker. It's not acceptable.

Mr.

Speaker, the Minister of Education has stood on his feet for years and claimed

to be an advocate for inclusion education.

I ask

the minister: We are well into the current school year; why has there been no

update on the education action plan?

MR. SPEAKER:

The hon. Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I provided an

update to the House of Assembly the last time the Member asked the very same

question almost, just a few weeks ago when we were here talking about special

ballot legislation. I told the Member at that time the report of the task force

wasn't released until July. I don't know how he thought that we were supposed to

transform the education system in a couple of months.

Staff

are working very hard at implementing the recommendations. I look forward to

telling the Member all about our plans once they go through all of the internal

processes, the budget processes that they have to go through. But I assure him,

we're doing a heck of a lot more over here to support kids with special needs

than your government ever did.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for

Conception Bay East – Bell Island for a very quick question, please.

MR. BRAZIL:

Is a review of the inclusive

education model included in the education action plan? That's what people want

to know, one way or the other. Is it being offered?

MR. SPEAKER:

Similarly, the Minister of

Education and Early Childhood Development for a quick response.

MR. KIRBY:

Mr. Speaker, the education

action plan will be released in the spring. It has not been created yet; it has

been committed to. The education action plan will be overseen by a committee of

stakeholders in the education sector in this province.

I can't

say there's something in it because it actually doesn't exist at the moment, Mr.

Speaker. The Member should pay more attention.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Leader of the Third

Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

The

Finance Minister said today his plan is to target agencies, boards and

commissions, including health authorities and school boards, regarding their

spending.

I ask

the minister: Will he come clean and tell the people of the province that his

plan will force more cuts to jobs and to services that people need?

MR. SPEAKER:

The hon. Minister of Finance

and President of Treasury Board.

MR. OSBORNE:

I'd like to ask the Member

what jobs and services we've cut in departments, Mr. Speaker, because I'm not

aware. Other than the deputy ministers and some managers, most of what we've

achieved, upwards to 600 positions in government, we've practiced attrition.

That's what we're asking agencies, boards and commissions to do.

haven't cut services in departments, I say to the Member, but we're asking

agencies, boards and commissions to become more efficient, to find savings, to

cut the fat and deliver programs more effectively and efficiently to the people

they deliver them to.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I ask

the minister to listen to our questions carefully day after day after day and

he'll hear about the services that have been cut.

Mr.

Speaker, government says Nalcor's expenditures are separate from government, but

over the past five years we have given Nalcor billions of dollars without proper

oversight. We might have spent much less on Nalcor all those years if there had

been more scrutiny of the amounts paid to embedded contractors.

I ask

the Premier: When is government going to intervene with Nalcor to see that these

exorbitant embedded contractor costs are reined in?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

First question: We don't need

this legislation. Second question: We need this legislation.

I say to

the hon. Member, if you want us to get at embedded contractors we need the

legislation we're bringing in so we have oversight of the money Nalcor is

spending. We need this legislation, Mr. Speaker, so that agencies, boards and

commissions can find efficiencies the way government has in departments. That's

why we need the legislation.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Mr. Speaker, the Minister of

Finance says he wants to take a balanced approach to fiscal management. That's a

good thing. All we've seen, though, is government balancing on the backs of the

most vulnerable with cuts to over-the-counter drug coverage, home care, dental

care and other services that people need, impoverishing our people further.

I ask

the Premier: Does his government have a long-term fiscal management plan that

does not include hurting the most vulnerable people in our society?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

I can

tell you what our fiscal management plan doesn't include: continuing to borrow

$2.3 million every day, Mr. Speaker, just to fund the deficit. That's not

including money borrowed to build buildings or money for other purposes.

Mr.

Speaker, $2.3 million – it was $4.38 million. We've gotten it down to $2.3

million, trying to inflict the least amount of pain we can on the people of this

province, but we need to cut costs. Unfortunately, some people will have some

effects, but we've done it with the least impact we could possibly find.

I ask

you how we can do it any softer.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Mr. Speaker, fewer and fewer

seniors have access to dental programs, to teeth. How many seniors are calling

our office saying they have no teeth?

Government saves money on the backs of seniors by tying the provincial seniors'

drug card to the federal GIS. For example, if a senior is late submitting their

tax return, they lose the GIS and their drug card. It takes six months to get

the GIS back and their drug costs continue to rise.

I ask

the Minister of Health: Will he eliminate the unfair practice of tying the

65Plus drug card eligibility for seniors to a federal program and base it simply

on income like all the other drug programs?

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much for the

question, Mr. Speaker.

I think

it's worth making a couple of observations. One of those is that the issue of

financial eligibility for Health and Community Services programs we've committed

to in The Way Forward as a policy

through health to try and rationalize those and make it into a seamless and

uneventful process.

The

other comment I'd like to make reference to expenditures in health care and

simply point out that they rose by 37 per cent in the previous 10 years of the

previous government, and that's the legacy we have to deal with. We need to get

better value for those dollars, Mr. Speaker, and I think that comment from

before needs to be challenged.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time for Oral Questions

has ended.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Notices

of Motion.

The hon.

the Member for Baie Verte – Green Bay.

MR. WARR:

I move, Mr. Speaker, seconded

by the Member for St. George's – Humber:

WHEREAS

safety for all students is an important priority; and

WHEREAS

speeding in school zones is still a prevalent issue in the province; and

WHEREAS

according to the World Health Organization setting and enforcing speed limits

are two of the most effective measures in reducing road traffic injuries;

THEREFORE

BE IT RESOLVED that this hon. House supports the Government of

Newfoundland and Labrador in setting a maximum speed limit of 30 kilometres per

hour in school zones.

Thank

you, Mr. Speaker.

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Yes, Mr. Speaker, pursuant to

Standing Order 63(3), the private Member's resolution just entered by the Member

for Baie Verte – Green Bay is the private Member's resolution to be debated

tomorrow.

Thank

you.

MR. SPEAKER:

Further notices of motion?

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Speaker.

To the

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

Parliament assembled, the petition of the undersigned residents of Newfoundland

and Labrador humbly sheweth:

WHEREAS

the Indian Meal Line and the Bauline Line are maintained by the Department of

Transportation and Works; and

WHEREAS

these roads have very narrow shoulders particularly for pedestrian traffic; and

WHEREAS

excessive speed is an issue on these roads;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to implement traffic calming measures such as

speed bumps, electronic signage, et cetera, to reduce speed to ensure the safety

of the residents.

And as

in duty bound, your petitioner will ever pray.

Mr.

Speaker, this is a very important issue. I know in some roads right around the

province, which are maintained by the provincial government, a lot of these

roads are very narrow roads. Years ago on the Indian Meal Line, there were

probably about 40 or 50 homes. Right now on the Indian Meal Line there are

probably up to 400 or 500 homes, so there's a lot more traffic. It's a real,

serious issue because the roads are really, really narrow.

I have

different petitions here and I have over 300 names just from the Indian Meal

Line alone that are very concerned with this. We had a meeting with the Minister

of Transportation and Works – and I thank him for that – with a group from the

Indian Meal Line. We're looking at doing some calming issues, but I think it's

the responsibility of government to ensure our roads are safe.

We spoke

in legislation here last week about safe roads in our province. It's very

important that while I know there are calming things that will slow it down, a

police presence is very important. It's very important to the people who live

along these roads, that they can walk and ensure their safety and there isn't

speeding there. These are different effects that we want government to implement

on provincial roads and I'm hoping that they will.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further petitions?

The hon.

the Member for Conception Bay East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

To the

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

Parliament assembled, the petition of the undersigned residents of Newfoundland

and Labrador humbly sheweth:

WHEREAS

there has been an identified lack of mental health services in our province's K

to 12 school system; and

WHEREAS

the lack is having a significant impact on both students and teachers; and

WHEREAS

left unchecked, matters can, and in many cases, will develop into more serious

issues;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House

of Assembly to urge government to increase mental health services and programs

in our province's K to 12 school system.

And as

in duty bound, your petitioners will ever pray.

Mr.

Speaker, I've had the opportunity over the last number of weeks to present this

a couple of times. It was important for me to get it out there because from my

own knowledge of the school system and talking to educators and that, it's been

identified as an issue.

Reading

the report from the all-party committee, they talk about early interventions and

supportive services are key to ensuring that either people get proper diagnosis

or get early interventions so that the issues around mental health don't develop

into something more chronic, more encompassing and more restrictive and have a

major impact on their lives and their ability to be productive citizens.

Since I

presented it, sometimes we have queries here whether or not there's anybody out

there watching this or listening to it or see the significance of what we're

presenting, knowing that it's the citizens of Newfoundland and Labrador who

signed these petitions, who obviously have a stake in what we're trying to

present and what we're trying to argue to.

I had

two responses. One was from an email from a former educator who talked about

thanking us for presenting this and hoping that the House would look at

implementing programs and services in the school system that she said, as an

educator, she would identify that there were issues with particular students and

she knew they were around mental health.

That was

a couple decades ago when the whole mental health process wasn't understood and

the interventions weren't taken as seriously as they should be. And that people

didn't understand that early intervention is the key to longevity and to success

as adults. She didn't understand why at the time, had she had some of the

programs and services that could easily be implemented now and the process, how

she could have helped some of those students who now are dealing with chronic

mental health issues.

A second

I got was a Facebook from an individual who had said they now realized when

they've been reading up on mental health issues in schools that they have some

challenges in school, but nobody identified them. They just took them as a kid

who was being disruptive, who was a slow learner, who had some issues around

that, but it had nothing to do with that. Very competent – this individual tells

me he's very successful, but had a challenge, had to go a different lifestyle to

be able to get to this point to make this successful.

So, Mr.

Speaker, I want to talk more about this over the next number of weeks about the

importance of implementing programs and services in the early intervention in

our K-12 school system around mental health.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Further petitions?

Orders of the Day

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I would

call Order 4, second reading of Bill 3.

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I move,

seconded by the Minister of Natural Resources, that Bill 3,

An Act Respecting An

Independent Court Of Appeal In The Province, be now read a second time.

MR. SPEAKER:

It is moved and seconded that

Bill 3, entitled,

An Act Respecting An Independent Court of Appeal In The

Province, be read a second time.

Motion,

second reading of a bill, “An Act Respecting An Independent Court Of Appeal In

The Province.” (Bill 3)

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I'm very

happy to stand here today in this House of Assembly and to speak to Bill 3,

which is entitled the Court of Appeal Act .

As I said on numerous occasions when I stand in this House, in many cases we're

able to debate amendments to legislation and certainly we have some amendments

that we deal with every day. We have some today, but today we're also dealing

with a brand new piece of legislation.

What I'd

like to do prior to commencing, I had an opportunity during the Ministerial

Statements to recognize Chief Justice Green who will be retiring from his post

in the very near future. I guess I'd like to say a couple of things, if I could

be indulged here today.

First of

all, this province has benefited greatly from having Chief Justice Green as its

chief justice, both of the Trial Division and the Court of Appeal. The fact is

this legislation that we're dealing with here today, this very piece of

legislation is very much something that the chief justice has advocated for, has

discussed. So I'm very proud and pleased to be able to stand here today, prior

to Chief Justice Green retiring, and announce this Court of Appeal. Certainly

the thanks and a lot of the hard work goes to him.

While I

do this, I'd also like to thank the staff of the Department of Justice because

when you create a new piece of legislation, when you make a substantive change

that we are doing here today, it requires work for many people. So while

certainly the chief and his staff deserve a significant amount of credit, I'd

also like to thank the solicitors and drafts people within the Department of

Justice who put a lot of time and a lot of effort into this.

This is

a concept that I think has been around the department for some time and was

discussed for many years and for various reasons it did not move forward. So I

am happy to stand here today, and I need to give credit to Chief Justice Green

for advocating it, for making this happen, for convincing me that this was the

right thing to do. I would add that Chief Justice Green is a very convincing

individual; I have to give him a lot of credit there.

On a

personal note, I have to thank the chief here in the House today for everything

that he's done and certainly, as a brand new minister, it's been very important

that I have the wisdom of the chief justice of our Court of Appeal, to be able

to consult with him, to meet with him and speak to him about issues of justice

and to have his input and his oversight in many ways, to have that experience.

That's one of the things that I've been very grateful for.

We know

that it's huge shoes to fill and I'm sure that whoever assumes this role will

also do a wonderful job. I'd also like to think that, even though the chief is

retiring from that position, I have no doubt that he'll be able to continue to

make contributions to the system. I hope I can still rely on him from time to

time when I have pressing issues.

I don't

know if I've seen anybody who is the researcher that Chief Justice Green is.

I've been very lucky to have him contribute to me information and insights,

decisions from the past, and it's amazing how some of the things that we

discussed today were the same things that were discussed a century ago. I had

the benefit of the chief who has been to take his time and energy and put that

into educating me as well.

In fact,

my introduction into the legal system was from the chief. The chief actually

oversaw my call to the bar a few years back. So it certainly has been an

interesting run and to have him there, I'm very thankful for that.

there's one drawback to me standing here and debating this today is that

unfortunately the chief is not allowed on the floor to debate this. He would do

a much better job of explaining this bill today. It would certainly be more

interesting and entertaining but, unfortunately, this House will have to deal

with me trying my best to put it forward.

We may

have to amend the act to allow strangers on the floor to help debate legislation

better than the legislators. I'll try my best because this is not a simple

topic. It's one that's quite complicated because – actually, when this was

introduced back in the spring session, I actually received calls from the media

saying: What's going on here? You have an independent Court of Appeal. What does

this mean?

I'm

going to try my best to go through this a little bit and explain some of the

nuance and intricacies here that make this – in many ways it's a very

significant change, but at the same time many people may not notice an actual

difference, and that's important for people to understand.

In this

province, we have our three levels of court. We have our Provincial Court, which

is established under the Provincial Court

Act, 1991 , and they have locations throughout the province. We have our

Supreme Court Trial Division. Now, they are commonly referred to – when we say

Supreme Court, what we're referring to is Trial Division. That's established

under the Judicature Act . Finally, we

have our Supreme Court Appeal Division, which if you ask people, they'll just

refer to it as the Court of Appeal. That is also established under the

Judicature Act , under

Part I;

previous, the Trial Division under

Part II.

The

Provincial Court is created and the judge is appointed by the provincial

government

whereas the Supreme Court, both divisions, is a federally appointed

court under

section 96 of the Constitution

Act . So there is a significant difference just there in and of itself.

Now, the

current legislation that we have, as it stands, has the Trial Division and the

Court of Appeal described as divisions of the Supreme Court under the

Judicature Act . It's a structure that

has evolved over time from when an appeal was heard by three Trial Division

judges. I think the term would be sitting together, or sitting on en banc. So

this didn't change. This is how it was done here in this province. This didn't

change until 1975.

The

Judicature Act , the amendment act came

in 1974 and it created a separate appeal division. It basically created

Part I

of that piece of legislation. There has been a concern expressed over time that

this linked structure – the fact that it is linked together by virtue of

legislation, it fails to recognize the very distinct roles and responsibilities

that these two courts have. It certainly fails to recognize the distinct

responsibility that our Court of Appeal has. When you think the Court of Appeal

hears decisions, hears appeals from decisions made by the Trial Division, yet

they are linked together.

There

can be and it has been said – and it is something I certainly subscribe to,

given the fact I'm standing here today leading this legislation – that it

prejudices the perception of it being an entirely separate level of court

review. Someone could look and say, well, they're actually linked together;

there is no difference. Now, in practice, that has not been the case but, as we

all know, in many cases perception is reality. What we're doing today is

basically bringing in a different piece of legislation, an entirely separate

piece of legislation to eliminate that perception.

One

might say, is this such a big deal? Well, the fact that we are the last province

to have this type of structure, we are the last province where the Court of

Appeal is recognized as a separate court, I would suggest that we are moving in

the right direction. I'm happy to stand here today and to bring us up to speed

with the rest of Canada. I can't explain why this has not happened to date, but

I'm not as worried about that. What I worry about is what we are in control of,

and we're in control today leading second reading to make sure we have an

independent Court of Appeal.

The

distinctions we have here – obviously, we have separate rules. We actually have

a Court of Appeal rules that came into effect October 2016 of which Chief Green

played, obviously, a very significant role in that. We have different sources of

proceedings that as a matter may end up before the Court of Appeal, so it could

be an appeal from the Trial Division. Sometimes they can go directly through the

legislation, for instance, the Public Utilities Board and sometimes there can be

a reference from a Lieutenant Governor in Council or from Cabinet, which is also

something we have seen recently. It's fairly rare, but we have seen that.

When I

go back to the point about us catching up, the fact is that some provinces have

done this through their Judicature Act

or whatever their equivalent is, some have created independent Court of Appeal

legislation. In our case, we've decided to go the route of an independent

Court of Appeal Act .

This

Court of Appeal Act will separate the

Court of Appeal from Trial Division. The sections of the

Judicature Act relating to the Court of Appeal will be moved to the

new Court of Appeal Act and they will

be restated and modernized. In many cases, the rules that we follow aren't

stated explicitly. In many cases, they evolve over the years and what becomes

practice is not actually dictated in the rules. So in many cases, given the fact

that we are here today and we are bringing in a new piece of legislation, we've

taken an opportunity – and again Chief Justice Green and his staff and support

have played a large role in helping us modernize.

sections 8 and 9 – sorry, I'm getting ahead of myself there. We have the new

Court of Appeal Act. The name now will

be the Court of Appeal of Newfoundland and Labrador and our Trial Division will

now go to the Supreme Court of Newfoundland and Labrador. So there's that

distinction there, very clear to everybody.

A lot of

the Judicature Act which applies here,

a lot of it has been carried over unchanged. You won't see any substantive

change there; it's been carried over. That's been a part of this entire process.

The new

and modernized provisions include

section 8 and 9. These are versions of a list

of the powers of the Court of Appeal that was previously only found in the old

Court of Appeal rules. I have here – I'm just going to refer to

section 8. This

is explicitly stating the powers.

Section

8(1): “The court may give any judgment which ought to have been pronounced, and

may make further or other orders that it considers just.

“

(2) The

powers of the court include the following: (

a) the court may draw inferences of

fact not inconsistent with any finding of fact that is not set aside and, if

satisfied that there is before it all the material necessary for finally

determining the matters in controversy, or any of them, or for awarding any

relief sought, may give judgment accordingly; (

b) notwithstanding paragraph (a),

if the court is of the opinion that there is not sufficient material before it

to enable it to give judgment, the court may direct the appeal to stand over for

further consideration, and may direct that those issues or questions of fact be

tried and determined, and those accounts be taken, and those inquiries be made,

as are considered necessary to enable it, on those further considerations, to

dispose finally of the matters in controversy; (

c) the court may, in its

discretion, receive further evidence upon questions of fact by oral examination

in court, by affidavit, or by deposition taken before an examiner or a

commissioner; and (

d) where judgment has been given, a judge may, on terms the

judge considers appropriate, order that proceedings, including execution, in the

cause or matter from which the appeal was taken be stayed in whole or in part.

“

(3) The

powers conferred by subsection (2) may be exercised (

a) notwithstanding that the

appeal is as to part only of the judgment, order, decision, or verdict; and (

b) in favour of all or any of the parties, although they have not appealed.”

Under

section 9 which is titled “Further powers,” “For all the purposes of, and

incidental to, the hearing and determination of any cause or matter, and the

amendment, execution, and enforcement, of any judgment or order, and for the

purpose of every other authority expressly or impliedly given to it by

this Act, the court has the power, authority, and jurisdiction, vested in the

court appealed from.”

We also

see changes to

section 29, Mr. Speaker. Representation now has to be made

subject to the agreement of the Attorney General, recognizing that the courts

cannot dictate rates paid to counsel – now that, in and of itself, could form an

entirely different debate, one that I've been very involved in, but that's an

actual substantive change that we see there.

We also

have paragraph 37, which sees a number of changes clarifying the scope of the

power of the rules committee. There will be subsequent consequential amendments

to the Judicature Act , other than the

repeal of

Part I, but most notably there are changes to references to the Court

of Appeal, the Supreme Court, to match the new changes. A lot of that is just

the consequential amendments that have to follow.

The

chief executive officer – now, this was something that was introduced in 2013;

in fact, I remember being a part of this debate while on the other side – as

part of the administrative overhaul of the

Judicature Act will continue to be the CEO of both the Supreme Court and the

Court of Appeal. That does not change.

One

thing, I'd like to point this out because this is something else I think we

should be very, very proud of. Amendments to

section 21 of the

Judicature Act are being restated to increase the number of Supreme

Court justices in the province from 20 to 22. These were only proclaimed this

fall.

What I'd

like to point out is that when we started, we've had a lot of conversations with

the chief justice of the Trial Division and certainly I've had a lot of

conversations with the federal minister of Justice Jody Wilson-Raybould. In

fact, I'd like to think that in the less than two years since we've been in

government, we've seen a lot of positive changes as it relates to our federal

relationship, changes that we never saw for a few years before that.

I only

have to go back last year, just under a year ago, when we had our first Supreme

Court of Canada justice appointed by the federal government, the first one from

Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. A. PARSONS:

I think that's very

significant.

I'd also

like to point out that we've had the number of judicial positions increased in

this province from 20 to 22. I can take this opportunity right now to

congratulate our latest justice appointed by the federal government, Mr. Sandy

MacDonald, Q.C., who is now Justice MacDonald of the Supreme Court, Trial

Division. Again, that appointment was just made Friday – another appointment

made here in this province. We have another great member to what is already a

deep bench and what I would say, Mr. Speaker, is we're not done yet.

We are

continuing to advocate. I've already written letters to the federal minister of

Justice advocating for more positions, especially for our Family Court here in

this province. We need more. We've already been successful in having that

increased.

I'm

meeting with the federal Minister of Justice in just a few weeks. In fact, I

just had a very significant phone call with her less than a week ago. I'm

willing to bet there's been no provincial minister and federal minister that

have had more conversations and meetings than I've had with our federal minister

now in the last number of years. We have a very good relationship, one where

we're not always going to get along.

In fact,

we do need to remind them of their duties. We do need to remind them of what we

are deserving of here. That's witnessed by the fact – going back to the Supreme

Court of Canada when Justice Cromwell announced his upcoming retirement and we

needed to have a new justice appointed to the Supreme Court of Canada. Two days

later we wrote to the federal minister and said that justice should be from

Newfoundland and Labrador.

advocated, and at the end of the day, I'm glad to say the justice came from

Newfoundland and Labrador; and, more importantly, the justice is from

Newfoundland and Labrador because it's a merit-based appointment. In fact, I'm

very confident in saying we have a number of justices that could sit on the

highest Court of Canada. I'm very confident in saying that.

We're

very lucky in this province to have a very strong, intelligent, experienced

legal community. That shows by the fact that we have a very strong, experienced

judicial community. We have a strong number of jurists.

Again,

I'm going to be asking – in fact, I wrote a letter. I indicated this to the

minister. I'm going to be writing another letter because I would like to see

more judicial positions created here for Newfoundland and Labrador to the

benefit of Newfoundlanders and Labradorians.

SOME HON. MEMBERS:

Hear, hear!

MR. A. PARSONS:

Mr. Speaker, on that note, I

look forward to the debate. I will be adjourning this debate today to allow for

more review of this piece of legislation. I look forward to hearing the comments

and questions from my colleagues across the way on what I think is a very

important and significant debate, certainly a very important piece of

legislation.

Before I

conclude, what I would like to restate is my sincere congratulations to Chief

Justice Green on his upcoming retirement from the Court of Appeal. I think we

all join together in offering him our thanks and our appreciation for all the

work he has done for Newfoundlanders and Labradorians.

As it

was stated here in the House today, it's not just the work on the bench.

Actually, it was only last year that I popped down to the court one night and

Chief Justice Green, very late at night, was doing a free presentation to

average Newfoundlanders and Labradorians trying to illustrate how the Court of

Appeal works. These are things that he doesn't have to do. He didn't have to do

it. He wanted to do it. He wanted to ensure that Newfoundlanders and

Labradorians understood the justice system, that they had access to the justice

system. Our system now is better for it.

I'm very

happy to say that I've been able to work with him over the last couple of years

in achieving some of his goals and achieving some of our goals. They are the

same common goal, which is to make the system better than what it was when we

found it.

On that

note, I again express my extreme gratitude to the chief for all that he's done.

I will let him know that I will continue to be calling him for his advice. He

can retire, but that phone will still be ringing from time to time. We can't let

a body of knowledge like that go untapped.

On that

note, Mr. Speaker, it's been an honour and a privilege to stand here and speak

to this today. I will adjourn debate at this moment on Bill 3.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you.

I would

call from the Order Paper, Order 5, second reading of Bill 13.

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Yes, I'm just waiting for the

clock, Mr. Speaker.

MR. SPEAKER:

You have time remaining in

your –

MR. A. PARSONS:

I have time remaining. I

don't know if I have three hours but –

MR. SPEAKER:

Nine minutes.

MR. A. PARSONS:

I was near the end of my

remarks on Thursday when we last debated Bill 13. What I'd like to reiterate –

and I'm unsure if there will be any other comments coming from Members on the

other side.

I'd like

to congratulate the Minister of Service NL and her predecessors for the great

work they've done in introducing legislative change to this province to increase

safety on our roadways. It's something that I know the minister takes very

seriously. In fact, we had another meeting today to debate more change that

she'd like to see to our roadways because safety of travelling Newfoundlanders

and Labradorians is something that is on her mind every single day in the role

that she carries.

I've

been happy to speak to this. I'm very proud to be a part of a government that's

willing to make change to ensure safety for all Newfoundlanders and

Labradorians. I look forward to her closing remarks.

Thank

you.

MR. SPEAKER:

If the hon. Minister of

Service NL speaks now, she will close the debate.

The hon.

the Minister of Service NL.

MS. GAMBIN-WALSH:

Mr. Speaker, the proposed

amendments we have introduced here today will result in significant increases to

a number of offences under the Highway

Traffic Act that are currently less than $100. These amendments help us

continue the dialogue of enhancing public safety and help ensure our roadways

are as safe as they possibly can be.

While

the Highway Traffic Act is

amended frequently, a thorough review of the penalties under the act had not

been conducted in a number of years. It is an important piece of legislation,

Mr. Speaker, which includes 215 sections, plus a

Schedule of penalties.

Over

time, this resulted in a number of offences that have monetary penalties so

insignificant that there is no deterrent to committing the offence. Some

individuals may be willing to take the chance of being ticketed and may even

view it as a cost of doing business, as has been relayed to me by a number of

people. Increasing fines has been shown to serve as a deterrent and, in many

cases, has resulted in a significant decrease in offences. That is the purpose

of fines, Mr. Speaker, to encourage changes in behaviour and safe driving

practices.

I'd like

to close debate by looking more closely at a number of the offences and

associated fines we are addressing here today. Driving with an invalid or no

driver's licence is an immediate risk to public safety. The requirement to hold

a driver's licence to operate a specific class of vehicle is based on nationally

developed standards. These standards give consideration to such things as a

driver's age, their level of qualification, minimum testing standards and

medical suitability.

Failure

to comply with the requirement to hold a valid driver's licence for the proper

class of motor vehicle demonstrates a disregard for public safety. The penalty

is intended to be a deterrent to persons who chose to operate a motor vehicle

without having met the standards and obtained a driver's licence, or whose

licence is invalid for a given reason. The current penalties are low in relation

to the potential seriousness of the offence and a higher penalty will be a

greater deterrent.

Mr.

Speaker, there is also a high prevalence of people operating motor vehicles

without insurance in our province. Operating a motor vehicle without insurance

is a serious offence and already carries significant fines from $2,000 to

$5,000; however, failure to provide proof that a policy is enforced only carries

a fine from $25 to $100 today. Offenders of insurance laws are contributing

enormous, unnecessary costs to law-abiding citizens. An increase in fines

related to this issue would act as a great deterrent.

We also

know that driving with an obstructed windshield poses an immediate threat to

public safety, which impacts the vehicle operator, the passengers and the

pedestrians. It is an offence that is very commonly committed. The current fine

is not a sufficient deterrent and does not reflect the seriousness of the

potential outcomes, such as serious bodily harm or even death.

Mr.

Speaker, operating a vehicle without proper equipment or one of improper

construction is also an offence under the

Highway Traffic Act. Along with the potential to place the public at risk,

modifications of vehicles and their equipment can also generate nuisance

situations, such as excess noise from a modified exhaust system, such as a

motorcycle.

This

offence can apply to defective equipment on any category of vehicle, regardless

of the nature of the defect. A vehicle found to have defective brakes, bald

tires or a school bus picking up and discharging children with defective safety

equipment also presents a very serious public safety issue.

Mr.

Speaker, this also leads to another serious matter we're addressing with the

amendments: namely, failure to comply with vehicle inspection requirements.

Vehicle inspections ensure that vehicles operating on public roadways are

mechanically fit and it reduces the risk of vehicle failure. Failure to comply

with the requirements of inspection creates an unsafe condition for the motoring

public.

So, Mr.

Speaker, you can see the potential for serious harm, which these offences pose

to every single one of us who travel the roadways in our towns and communities.

Any deterrent we can bring forward is a step in the right direction. We chose

the $100 minimum to balance the need to increase deterrents against any

perception of unfairly raising fines too high. Certainly, all of us in this hon.

House will agree that the price we pay with a serious injury or a death is too

high a price to pay for not complying with the law.

Since I

became Minister of Service NL, many individuals and many organizations have made

representation to me regarding the safety on our highways. I have met with

individuals and families who have lost loved ones or suffered great injury. I

have met with law enforcement officers, taxi operators, the insurance industry

and representatives of the legal community, who all know how important it is to

deter the offences being committed on our roadways.

We have

also included our commitment to increasing public safety in the Speech from the

Throne, my department's strategic plan and announced to review of the auto

insurance industry, which has a focus on identifying opportunities to strengthen

highway safety in an effort to prevent accidents from happening.

The

amendments we have introduced here today will help us continue to deliver our

commitment to ensuring the safety of people in our province. And I hope to

announce further improvements to the act in the very near future.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Is the House ready for the

question?

The

motion is that Bill 13 be now read a second time.

Is it

the pleasure of the House to adopt the motion?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

All those against, 'nay.'

This

motion is carried.

CLERK (Barnes):

A bill,

An Act To Amend The

Highway Traffic Act. (Bill 13)

MR. SPEAKER:

This bill has now been read a

second time.

When

shall this bill be referred to a Committee of the Whole House?

MS. COADY:

Now.

MR. SPEAKER:

Now.

motion, a bill, “An Act To Amend The Highway Traffic Act,” read a second time,

ordered referred to a Committee of the Whole House presently, by leave. (Bill

13)

MR. SPEAKER:

The Acting Government House

Leader.

MS. COADY:

Mr. Speaker, I move, seconded

by the Minister of Service NL, that the House resolve itself into a Committee of

the Whole to consider Bill 13.

MR. SPEAKER:

It is moved and seconded that

I do now leave the Chair for the House to resolve itself into a Committee of the

Whole to consider the said bill.

Is it

the pleasure of the House to adopt the motion?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

All those against, 'nay.'

This

motion is carried.

motion, that the House resolve itself into a Committee of the Whole, the Speaker

left the Chair.

Committee of the

Whole

CHAIR (Warr):

Order, please!

We are

now considering Bill 13,

An Act To Amend The Highway Traffic Act.

A bill,

“An Act To Amend The Highway Traffic Act.” (Bill 13)

CLERK:

Clause 1.

CHAIR:

Shall clause 1 carry?

The hon.

the Member for Cape St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Chair.

These,

indeed, are important amendments to the

Highway Traffic Act. I just have some questions to the minister. During

debate I mentioned that when we met with staff and had our briefing it was

mentioned that you referred to a jurisdictional scan. I was wondering what

jurisdictions you scanned, because when I asked that question they said there

was neither jurisdictional scan done.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Chair, a jurisdictional

scan was done with Nova Scotia, PEI, New Brunswick, Quebec, Ontario, Manitoba,

Saskatchewan, Alberta, BC, Yukon, Northwest Territories on invalid and no

driver's licence, failure to produce proof that it's the policy in force,

driving motor vehicles with windshields covered, operating a vehicle without

proper equipment and failure to comply with vehicle inspection requirements.

CHAIR:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

Yes. I ask the minister if

you could table those scans, too, because that's what I asked for over in the

briefing.

Minister, a question I'd like to ask you is – when I looked at Ontario's

legislation, they have fixed pricing. If someone's licence plate is covered with

snow or is dirty, we look at doing anywhere between $100 and $175. Theirs is at

$85.

Just for

the general public and my own concern, I'd like to know why is there a variance

in such things? Either your licence plate is dirty or it's not dirty. Why would

there be a variance from $100 to $175?

CHAIR:

The Chair recognizes the hon.

the Minister of Service NL.

MS. GAMBIN-WALSH:

We increased the fines for

the minimum to be $100. These 17 offences that we're increasing fines in, they

were down to $20, the majority of them, so there was no deterrent. We put in the

$100 to $175 to allow the RCMP the opportunity to be discretionary on how the

plate was presented.

CHAIR:

The Chair recognizes the hon.

the Member for Cape St. Francis.

MR. K. PARSONS:

When I looked at Ontario's

legislation, they have fixed values of $85 or $150 or $300, whatever. If you

have a cracked windshield, you have a cracked windshield and the fine should be

the same. That's just my opinion – it should be the same.

Minister, also, can you let us know how you determined the amount of money? How

you went from the parts – how did you get to the $100 from $25 to $100 or move

the ones for no driver's licence from $300 to $1,100?

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

As I mentioned earlier, the

fines were so low they did not present sufficient deterrent. The fines were

chosen by reviewing the current fines structure in comparison to inflationary

and economic increases, conducting a jurisdictional scan, considering what level

of fine would be appropriate to achieve greater deterrents and consultation with

law enforcement.

CHAIR:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Chair.

Minister, I'm wondering if there are going to be significant resources available

for enforcement, prosecution and collection of these fines.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

That's a very valid question.

What I

did so I could check and see what the difference is when enforcement is

available was the previous administration had put in some changes regarding

speeding in construction zones and school zones, and in May 2016 we introduced

the ability to charge registered owners.

So what

we have noted for the year '16-'17, with increased enforcement and with the

ability to charge the registered owner, we do have the capacity. The number of

people we've pulled in and charged has increased dramatically in '16-'17.

I'm

hoping now that this deterrent will cause the numbers to go down and the revenue

we're getting to go down. That's the whole idea.

CHAIR:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

I agree with you also,

Minister, that any time we can deter it. Again, last week in the news we heard

of something, I think it was around $80,000 owed in fines. I mean, that's a very

serious problem that most residents in this province have a major concern about.

What

resources are you going to put in place to ensure for enforcement and also

collection? Are we looking at more police officers on the road? Is there a

different way to collect? How are we collecting the fines right now? As I spoke

when I spoke on the bill itself, it's a huge issue that people are really upset

about when they look and see people owing so much in fines.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Yeah, it's a very valid

question.

SOME HON. MEMBERS:

Oh, oh!

CHAIR:

Order, please!

MS. GAMBIN-WALSH:

In actual fact, the

individual that was last pulled in with that excessive amount of fines, what I

learned was they were not just highway traffic violations. In actual fact, they

were tobacco violations.

What I

didn't know previously was when those fines are announced, they include –

SOME HON. MEMBERS:

Oh, oh!

CHAIR:

Order, please!

Thank

you.

MS. GAMBIN-WALSH:

When those fines are put

forward by the media, they include other things besides highway traffic

violations.

Secondary, we have the fluid ability within the department for inspectors to

move about and enforcement officers to move about. So when they're not needed in

one area, we will move them into another area. We've also been in discussion

with the RNC around ways to hopefully be able to work to get more officers out

on the ground.

CHAIR:

The Chair recognizes the hon.

the Member for Cape St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Chair.

Minister, with our RNC, I spoke to some officers. They told me the only way to

do it for enforcement and to have more people on the road is to move them from

one area to another. So I hope the management of the RNC will work with your

department to do that.

During

your

preamble a few minutes ago, you mentioned about vehicle inspections. Is

your government planning on bringing back motor vehicle inspections?

CHAIR:

The Chair recognizes the hon.

the Minister of Service NL.

MS. GAMBIN-WALSH:

All commercial vehicles must

be inspected once a year now. Whenever a passenger vehicle is resold it must be

inspected. The RNC and the RCMP presently have the capacity to pull any vehicle

off the road and issue an inspection.

CHAIR:

The Chair recognizes the hon.

the Member for Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Chair.

appreciate the information from the minister; however, the question was about

reinstating inspection requirements that existed before. In the past, there was

a regular

schedule for inspections that were required. Now it happens when a

vehicle transfers ownership.

We know,

I think, taxis are inspected once a year. Some commercial vehicles – buses are

inspected sometimes, I think, three times a year. For passenger vehicles on the

road, have you considered strengthening the requirements for vehicle

inspections?

CHAIR:

The Chair recognizes the hon.

the Minister of Service NL.

MS. GAMBIN-WALSH:

Yes, we did evaluate it, but

we came to the determination that we would not be changing. We will be

continuing on with the policy that exists today.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Chair.

Mr.

Chair, during second reading debate there was commentary from Members on the

government side of the House that the changes in these fines were to create

safer roads. I don't fully understand how increasing a fine for failure to

produce a vehicle licence – a vehicle licence is your registration, essentially,

and the registration comes with a tag, a licence plate with a sticker attached

and also includes a printed document, paper document, that shows the specifics

of the vehicle, the VIN number, the vehicle identification number, attached to

that vehicle and who the registered owner is and so on. Failure to produce that

particular document used to be a fine of $25 and the minister has increased it

to $100.

I just

ask the minister if she can explain to me how that increases safety on our

highways.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Chair, when a police

officer pulls someone over and the individual is unable to produce the driver's

licence, the officer can, no doubt, go back and check and see if the vehicle is

registered and who it is registered to, but what the officer cannot do is verify

that the person who is driving is, in actual fact, the person whom they say they

are. It takes the driver's licence with the picture to empower the officer to be

able to identify that person.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you very much.

Maybe I

should be clearer, Mr. Chair, because there are two different kinds of licences:

one is a driver's licence, which legally enables a person to legally operate a

motor vehicle; the other one is the vehicle licence. The vehicle, under law, has

to be registered and it has a licence attached to it. Under

section 29, failure

to produce a vehicle licence, the fine went from $25 to $100.

question was about someone who doesn't produce that paper document of who

actually owns the vehicle, which an officer can check the information anyway.

Very quickly, you can bring up on the system who is the registered owner of a

vehicle, but under law you're required to actually produce that paper document.

question was pertaining to that part, Minister: How does increasing that fine

from $25 to $100 improve safety? Maybe it just went along with the rest of them

because it's a non-hazardous moving violation.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

He's correct; it is a

non-hazardous violation. However, the safety lies in the fact that it is

imperative that the officer be able to verify that the individual whom they are

speaking to and who says that they own the vehicle is, in fact, that person.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Chair.

But

that's a driver's licence. I'm not asking about the driver's licence; I'm asking

about the vehicle licence because there are no identifying matters on a vehicle

licence, other than a person's name and address. It doesn't show their

photograph or their height and eye colour and so on; that's on your driver's

licence.

failing to produce that printed document, increase the fine – so I'm just

wondering, is that part of this movement for safer highways or was that done for

some other reason? That's my question.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Yes, I guess he's pertaining

to number – what it is, in fact, is deterrence. The fine was $20, so we've

increased it to ensure people will, in fact, follow the law. There was no

deterrent. People were seeing that as a cost of doing business by not doing due

diligence and having it available.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Chair.

I fully

appreciate the concept of deterrence, and they're all valuable points in

deterrence. If we had increased the failure to produce a driver's licence to

$1,000, I'm sure people would go, uh-oh, I better put mine in my vehicle right

away because that would be a deterrence, but I'm not sure how even that would

improve safety on highways.

Let me

run down through some of these, if I can, Mr. Chair; I know I have a few minutes

there. Identification plates not securely fastened is not a moving hazardous

violation. Failure to keep identification plates clean has nothing to do with

how you operate a vehicle. Notify the registrar of change of name; operating a

vehicle contrary to paragraph 10 – and that's 42(a)(iii). That's the

registration or failing to transfer the registration, I think that one is; I'll

have to have another look, if I remember correctly.

Mr.

Chair, 43, no licence for class of motor vehicle, that would be safety. That

would improve safety. Invalid or no driver's licence would improve safety.

Failing

to produce a driver's licence upon request, there's some merit that may improve

safety. Failure to return or deliver a licence, that one in particular, I had

lots of experience over the years and maybe you did as well, Mr. Chair, when

sometimes we're under order to obtain or see someone's licence and they've lost

it. It's hard to charge someone for losing their licence if they can't return

it.

Anyway,

then there is failure to notify the registrar of a lost driver's licence. I

don't think there are too many tickets given out for that one. Failure to

produce proof that a policy is in force, that one is interesting. I'm going to

talk about that one in a little bit, shortly.

Some of

these are somewhat hazardous moving violations, such as slow driving and so on.

I'm just trying to grasp and understand how increasing those fines would be a

deterrent for the conduct of drivers on our highways, how they make people drive

safer on our highways.

Maybe

I'm missing it, Minister, but maybe you could comment on that for me.

CHAIR:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

I'd just like to ask the

minister to answer a question. You look at driving too slow, you can see that

being a deterrent to road safety, but some of the ones that my colleague just

asked there that time were just about proof of registration and stuff like that.

So I'm

just asking the difference between the two and why they're here on this list.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Chair, they're on the

list because a fine of $20 means nothing today. A fine of $100 means something.

We're trying to increase highway safety as a whole and trying to increase

compliance with the law. So by increasing them up to $100, people will think

twice and hopefully will start to obey the law.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Chair.

I don't

disagree with that. It's just on the aspect of when something's not a hazardous

moving violation – like if the police, for example, had identified an issue that

we have a lot of issues of people not carrying their vehicle permit in their

vehicle. As an example, if the police said we come across that a lot and we're

issuing a lot of tickets on it, we need to send a deterrent so that people think

about carrying their vehicle licence with them or their proof of insurance. I

stand to be corrected, but I think under proof of insurance you have 72 hours to

produce it anyway. You don't have to produce it right away, unless that's

changed.

That

probably would have increased safety, Mr. Chair, if they're required to produce

it right away, but I stand to be corrected on that if I'm not, but on slow

driving, as an example – and my colleague for Cape St. Francis just mentioned

slow driving. You've increased the fine from $45 to $100. I fully understand the

seriousness sometimes of slow driving. The Minister of Transportation and Works

talked about it last week here in the House, on serious slow driving, talked

about Veterans Memorial Highway and I agree with him.

I went

over Veterans on the weekend, not for that purpose, but I did travel on Veterans

Memorial Highway and going over from the Trans-Canada, going north, I guess, on

Veterans, I experienced a vehicle travelling at a slow speed with a long line of

traffic behind it. I could feel it myself while I was driving. I was conscious,

and we're talking about a vehicle as an issue, but I could feel it myself. That

little bit of frustration that someone is driving so slow, and there were

probably eight or 10 cars behind the slow-moving vehicle. Finally, it pulled off

on one of the exits and the traffic sped up to the highway speed.

Later in

the evening, returning from – do you call it, Minister, down the bay or up the

bay?

MS. GAMBIN-WALSH:

Down the bay.

MR. P. DAVIS:

Is it down the bay? It's

going up on the map but you're going down the bay.

On the

way back from Upper Island Cove where I was and going back towards the

Trans-Canada, going south, I experienced the same thing again. Except this time

the vehicle in the front was travelling at 50 to 60 kilometres an hour. This

time there were like 25, 30 vehicles or more stacked up behind this one vehicle.

So there's no doubt it's a serious matter.

question, I think, for the minister is that under speeding, there's a graduated

kind of process of fines under speeding. The faster you're going, the higher the

fine. The more times you're convicted, the higher the fine. So it stacks on top

of you. If you get stopped for doing between one and 10 over the speed limit,

the fine is $50 and no point loss. If you get stopped for 11 and 20 – and I

don't have the fines here in front of me, but it is maybe $75 or $100 and so

many points lost. If it's your second offence it's higher. So it's kind of a

graduated process.

question for the minister is the subsequent speeding fines are higher than they

are for slow driving, and slow driving no doubt is a serious matter. Did you

consider some kind of a graduated process or higher fines for slow driving

knowing that it can certainly create a hazard on the highways?

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Chair, we evaluated

everything and we put minimum and maximum fines in place. Chances are if it's

your first offence you will be charged with a minimum fine. If it's your second

and therefore after, you'll be charged with a maximum fine, and it is

discretion. The officers have discretion, and it is discretion based on the

individual situation at the time.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Sorry, Minister, I didn't

catch that. You say it is $100 fine, but then there's an increase in fine for

subsequent charges and you said officers had discretion. What discretion is it?

AN HON. MEMBER:

(Inaudible.)

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you.

So, Mr.

Chair, 111(1) is on page 5 in my copy of the bill. Slow driving, $100 minimum

fine, $235 maximum fine was the amendment. I know under speeding, which is not

included – there are no changes included under this particular bill, but in

speeding there's kind of a stacking, I suppose. The faster you go, the more

charges you have, then the higher the fine.

I'm just

wondering if the minister, knowing that slow driving is relevant to speeding,

except it can be quite as serious and frustrating for drivers around you. Is

that something they considered in slow driving?

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Get me right; I think the

Member is asking me if we considered to equate slow driving with speeding

because both were equally as frustrating?

MR. P. DAVIS:

Equally dangerous.

MS. GAMBIN-WALSH:

Equally dangerous.

A person

shall not stop or impede or park, and sometimes slow driving has a tendency to

frustrate people and cause them to pass. So slow driving is going to be a new

offence. We don't think the consequences could be as devastating as driving 151

kilometres on a highway. So I'm not sure that in fact you can measure the

consequences of 151 kilometres with slow driving.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Chair.

It was a

good response, an honest response from the minister on her position on it. My

position would be that this was raised recently in the House with the Minister

of Transportation. I know I spoke to it here in the House. I believe it was

under questioning when we talked about highway safety and the number of

fatalities we've seen in recent weeks, in recent months.

I have

to be careful because I don't want to specifically suggest any particular

collision, but we were talking about Veterans Memorial Highway and the

devastation that's happened out there. One of the comments from that discussion

was the serious issue of slow driving. The minister went as far as to say

they're considering erecting a minimum speed limit sign on the highway.

A few

years ago when we were in government, we identified an issue on the Outer Ring

Road where heavy equipment such as backhoes were travelling across the Outer

Ring Road in peak traffic. We know there can be upwards and over 40,000 vehicles

a day travelling the Outer Ring Road on some days, and you're travelling at your

100 kilometre an hour speed limit and you know that most of the traffic there is

doing more than that. Sometimes they're 110 or 112, 115, sometimes even faster

than that, Mr. Speaker. The point was that then you'd have a backhoe trucking

along on the Outer Ring Road probably at 30 or 40 or 50 kilometres an hour and

it created a very dangerous circumstance of a bottleneck and backup and so on.

There

was legislation brought in to prevent that from happening on highways with

speeds, I think, over 80 kilometres an hour, so slow-moving vehicles that

couldn't drive the speed of traffic weren't permitted on those roads. That's on

the books today. Slow driving has been an issue.

respected the Minister of Transportation when he talked about that and as I just

talked about experiencing it myself. My question to the minister was – it's a

serious matter. Is that something maybe you can consider in the future, that

when I look at – and I'll put it to you this way, Minister. Failing to produce

your vehicle permit, vehicle licence, failure to keep your identification plate

clean, so if your licence plate got dirt or snow on it, you could be charged

$100 ticket. Failing to produce your vehicle licence is a $100 ticket. Licensee

failing to produce their driver's licence upon request is a $100 ticket and slow

driving is also a $100 ticket.

In my

mind, driving slow on a highway is much more serious than failing to produce

your registration or your driver's licence. That's where I'm going, Minister.

I'm thinking slow driving is much more serious than that and the fine should be

more consistent with the speeding. Is that something you thought about, or can

you explain to me maybe why you kept it at $100?

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Speaker, if it goes to

court, the fine can be as high as $235. The obstruction of the plate, in actual

fact, is to help our police officers so they can carry out the duties to enforce

the law safely.

Mr.

Chair, $100 to $235 if it goes to court. So it's not stacking. We figure that's

a good fine consistent with the first time putting this forward.

CHAIR:

The hon. the Member for

Topsail – Paradise.

MR. P. DAVIS:

Thank you again, Mr. Chair.

Yeah, it

was a $45 ticket and increased to $100. I think if the minister was to have

another look at that one, I think you'd probably find support for it here in

this Legislature and also publicly. Slow driving can be so frustrating,

especially if you're driving kilometre after kilometre.

Sometimes you can go 10 or 15 or 20 kilometres behind someone who's driving half

the speed of the speed limit. That causes a serious matter, especially if the

second driver doesn't want to pass, maybe the third driver doesn't want to pass,

but the fourth or fifth decides I'm going to pull out now and give it to her to

try and get around.

I do

appreciate the fact the maximum fine is $235. For failing to produce a vehicle

licence it is $175, which is – $60 in the difference is all the difference in

the maximum fine there.

Mr.

Chair, I also want to ask about operating a vehicle without proper equipment or

of improper construction under

section 187(5). I'll give the minister a chance

to go to 187(5). It's on page 6 of the copy of the bill I have in front of me.

Section 187(5) under the penalties

section is: “Operating vehicle without proper

equipment or of improper construction.”

I'll

just ask the minister if she could just elaborate on that one a little bit. What

was your thought process on increasing

section 187(5) from $20, which was very,

very low? I'm sure it costs more than that just to process; it probably costs

more than that to print the ticket book. But $20 for operating a vehicle without

proper equipment or improper construction and move to $100, maybe she can just

make some commentary for us on that one.

CHAIR:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Operating a vehicle without

proper equipment or improper construction, meaning if you jack up these big

trucks and if you have a collision with one of these big trucks, it can cause

significant damage and death even, to people in the oncoming vehicle. It changes

the balance of the vehicle on the road.

There's

classification of vehicles for safety reasons. Jacking up your truck with the

big tires is a violation; therefore, we will be issuing tickets and fines for

people who are not following the Highway

Traffic Act .

CHAIR:

The hon. the Member for Mount

Pearl – Southlands.

MR. LANE:

Thank you, Mr. Chair.

I just

have one question for the minister. It relates to people who have built up all

these fines. We can increase the fines, no doubt, as a deterrent. I support

that.

Although

I would agree with the Member for Topsail – Paradise there that not everything

that's being raised here is a road safety issue, a lot of them are, but there

are a few that arguably are not. That's neither here nor there. It's $20, it's

very low and I understand the rationale for it.

The

bigger issue is people who – regardless of how high you raise the fines, those

people are going to continue to break the law anyway. That's probably the

biggest issue, when we hear about these people in the media periodically,

someone who owes $10,000 or $20,000 or $30,000 in fines and so on.

I guess

the question is in an effort to deter that, as opposed to simply more

enforcement, which enforcement is good, but I think it would make it a lot

easier if we had, like we have in other provinces where the licence plate goes

with the person and not the car. Therefore, somebody who breaks the law, owes

all these fines, gets hauled over, they lose their licence plate. They can't buy

another piece of junk down the road next month, wait until they get hauled over

again and continue that cycle if the licence plate was with the person as

opposed to the car.

So I'm

just wondering, is there any thought within the department, has anyone looked at

or given any consideration to doing like they do in some other provinces and

having the licence plate go with the person and not the car?

CHAIR:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Yes, thank you, Mr. Chair.

I just

wanted to stand up and speak to this because even though it is a Service NL

bill, it's something that actually deals with the Department of Justice as well,

as Fines Administration is something that falls under the Department of Justice.

What I

would say to the Member is that I'm sure it's an idea that is worth

consideration. Again, I'm unsure myself as to the resources it would take to

implement such a program. There's a lot of good stuff that we're seeing out of

other provinces that we're hoping to take advantage of and try to implement

here. But, again, in many cases, there are different investments that you have

to make, whether it's resources, time. There's no good idea that shouldn't go

unchecked, so I would say that.

When we

talk about that issue of fines outstanding, it's something that we all see. It

ticks us all off. It certainly ticks me off, not just as the person in charge of

the Department of Justice; it ticks me off as somebody that follows the rules

and is a taxpayer. That boils my blood to no end.

The good

news is that 80 per cent of people are paying their fines on time. The vast

majority, I think, wait until they're about to renew their licence. That's when

they go and pay it again.

I've

noticed that even with the solution that the Member proposed – and, again,

assuming it all worked out, assuming everything is fine – there's a subset of

people out there that no matter what you do they will find ways to try to evade

the rules, evade the laws. So I don't know if there's ever going to be coverage

here or a solution that will fix this.

The

issue when it comes to fines is something that's been around for some time. In

fact, I was checking with Fines Administration and some of the money – a vast

majority, a lot of the money – that is owing is decades old, from the early

'80s. A lot of it is virtually uncollectable. It's people that are deceased,

there's just no way of getting it. In fact, you have to find a way to write it

off because it's money that will not ever be collected.

That's

not blaming anybody, there have been multiple administrations there, but it is

something that is a priority for me. What I would suggest is I'm happy,

actually, to take the idea that the Member suggests. I think if I listened

correctly the Member is saying he agrees in theory with this amendment to the

act, but this is an idea. Can it work or not?

What I

would say is I'm open to any positive idea; I know the minister is also open to

that. Maybe it's something that we can report back on the House because if

there's one thing for sure is that the

Highway Traffic Act is something that's constantly amended. In fact, I know

the minister as well as her predecessors just in the last couple of years have

brought multiple amendments to improve road safety.

If this

is one we can do that will help cut down on people with fines outstanding, I can

guarantee you if there's something that can be done, I'm certainly supportive of

that as well.

CHAIR:

The Chair recognizes the hon.

the Member for Mount Pearl – Southlands.

MR. LANE:

Yes, I thank the minister for

the response. Obviously, I'm not looking for that solution right now; I just

wanted to put it on the record. It's not a new idea; it's something that is

being done in other places.

For me,

it's not about the collection of the fines. Just to be clear, it's not so much

about the money; it's about the fact that you have individuals, as the minister

has alluded to, some of them who will never – they have no intentions of ever

paying those fines. In most cases, they don't have the ability to pay the fines.

It's a case of you can't get blood from a turnip.

What

happens, of course, is that they go out on the road with an unsafe vehicle. They

don't have a licence. They don't have a registration. They don't have it

registered. The police will haul them over at some point in time, once they

catch them, probably for committing some other offences under the

Highway Traffic Act . In a lot of

cases, the cars get taken from them and they rack up $3,000 or $4,000 worth of

fines to go on the already $10,000 or $15,000 or $20,000 they owe.

Then,

two weeks later or a month later or whatever, they get a few bucks together and

they buy another piece of junk that somebody's selling for a few hundred bucks.

They go out on the road again in another unsafe vehicle doing the same thing all

over again. Until the police actually catch them committing another offence of

some sort, then they're out on the road with no licence, no insurance and

putting the public at risk.

Whereas if the licence plate went with the person,

not with the car, then what would end up happening is a person wouldn't be able

to go out on the road.

you're on the road you'd be going with a car with no licence plates, so the

police would see you immediately or the public would see you immediately, report

it and get this person off the road. In theory, they can buy an old heap of junk

and drive around for a year before they finally get stopped again. In the

meantime, they have an accident with some poor citizen who has been following

the rules, has their insurance. They cause all kinds of damage and they have no

insurance and so on.

Just for

the record, it's not about collecting the money; it's about if we want to do

something to make our roads safe, we have to get these chronic abusers and so on

that are out there – those are the people we have to target, not the law-abiding

citizen who might forget to take their licence with them or left it in their

back pocket or something when they changed their pants, they don't have it on

them or they got a bit of snow on their licence plate or so on.

Not

saying those laws don't have to be followed – they do and I'm supporting it –

but I'm just saying it's those individuals that we hear about are the ones we

really need to target. So anything we can do to change that, I think we should

try.

That's

why I throw it out there just for a suggestion to the minister, at some point in

time – I was wondering if they were already considering it. If not, I'm just

asking if they would consider it. I'm hearing the minister say it's certainly

something they will take under advisement and I thank him for that.

Thank

you, Mr. Chair.

CHAIR:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Chair.

I'm

happy to respond

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2017-11-14
Typehansard
Volume / chapter2017-11-14
Languageen
Formathtm
SourcePROVINCIAL
Identifiere4fa136791bafbef6331d05e273f285393c9563d

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