Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 16 November 2017 (48th General Assembly, 2nd Session, Vol. XLVIII No. 35)

2017-11-16

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 16 November 2017 (48th General Assembly, 2nd Session, Vol. XLVIII No. 35)

2017-11-16

Newfoundland and Labrador — Debates (Hansard)

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November 16, 2017

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 35

The

House met at 1:30 p.m.

MR. SPEAKER (Trimper):

Order, please!

Admit

strangers.

I would

like to welcome to the public gallery today Joshua Jamieson. The Jamieson family

will be mentioned in a Ministerial Statement today.

Welcome.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

I'd also like to welcome Joan

Crosbie Parker who will be the subject of a Member's statement today, along with

her children, Tim and Cynthia Crosbie.

Welcome

to you.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

MR. SPEAKER:

For Members' statements

today, we will hear from the hon. Members for the Districts of Topsail –

Paradise, Exploits, Burin – Grand Bank, and Virginia Waters – Pleasantville.

The hon.

the Member for Topsail – Paradise.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Mr.

Speaker, I rise today, and I wish to recognize Mr. Len Simms for his

contributions to Newfoundland and Labrador. The most recent was the prestigious

2017 Senior s of Distinction award presented on October 3.

Over his

career, Len has a list of accolades and accomplishments that include being

president of the Kinsmen Club of Grand Falls-Windsor, deputy governor of Kinsmen

Newfoundland and Labrador, governor of Kinsmen, Atlantic provinces and the first

Newfoundland Kinsmen to be elected national president of the Kinsmen Club of

Canada.

Len is

also involved with a number of other charitable organizations, which include the

Lions Max Simms Memorial Camp, chair of the Children's Wish Foundation Advisory

Board, and member of Stella's Circle Governance Board.

He is

also a well-known political figure in our province, Mr. Speaker, having served

as MHA for Grand Falls-Windsor, Speaker of this hon. House, Member of Cabinet,

Leader of the Official Opposition and, most recently, Mr. Simms served as the

CEO of Newfoundland and Labrador Housing Corporation and, as an affordable

housing advocate, he received the National Canadian Mortgage and Housing

Corporation award for outstanding contributions in advancing affordable housing

solutions.

Mr.

Speaker, I ask you and all Members of this hon. House to join me in

congratulating Len Simms for all of his contributions to Newfoundland and

Labrador.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Exploits.

MR. DEAN:

Thank you, Mr. Speaker.

I rise

today in this hon. House to congratulate the Living Faith Pentecostal Church of

Point of Bay on their significant milestone celebration of 90 years.

The

church found its origin in special meetings called by Eli Burton and William

Gillette on July 1, 1927. Herman Jones gave leadership to the fledgling assembly

until the reigns were handed over to the first official pastor, Pastor Thomas

Mitchell.

The

congregation held its celebration of 90 years of bringing Christ's teachings, as

well as earthly and spiritual support and hope, to all who would hear on

November 5, 2017.

I ask

all hon. Members to join with me in congratulating the Living Faith Pentecostal

Church for their 90-year presence in the community.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Burin

– Grand Bank.

MS. HALEY:

Thank you, Mr. Speaker.

Mr.

Speaker, Lee Masters of Winterland drives to Christ the King School almost every

day to carry out his duties as school principal. I said almost every day,

because on October 10 he left his car home, Mr. Speaker, and walked the 50-plus

kilometres to his school in Rushoon.

SOME HON. MEMBERS:

Hear, hear!

MS. HALEY:

October 10 was World Mental

Health Day, and Mr. Masters felt this would be his way of bringing awareness to

the issue of mental health. In his view, physical health and mental health go

hand in hand, Mr. Speaker. The students and staff from Christ the King School

joined Mr. Masters for the last kilometre of a trek that started at 3:30 a.m.

Mr.

Speaker, as my colleague, the Minister of Education and Early Childhood

Development can attest after meeting with Mr. Masters, his enthusiasm is

infectious and he is quite willing to think outside the box on ideas to better

his school or help his students grow.

Mr.

Speaker, I ask all Members to join me in saluting Lee Masters on this

initiative. He is certainly an educator who doesn't mind stepping up to teach by

example.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for Virginia

Waters – Pleasantville.

MR. B. DAVIS:

Thank you, Mr. Speaker.

I rise

in this hon. House to recognize M s . Joan Crosbie Parker. Ms. Crosbie Parker was

the first president of the St. Clare's Mercy Hospital Auxiliary in 1967 and

remains an active member in the community.

The

auxiliary's main source of fundraising is through the hospital's gift shop,

which is operated completely by volunteers from the auxiliary. Recently, the

Honourable Frank Fagan, Lieutenant Governor of Newfoundland and Labrador, held a

reception honouring the auxiliary on their 50th anniversary. An address was

given by Ms. Parker Crosbie reminiscing about the group's humble beginnings.

The

first gift shop was operated by hosting a shower where individuals donated goods

to be sold. The women knit and sewed items to be sold along with making fudge,

which was a big hit. Ms. Crosbie Parker is quick to note that she could not have

been successful without the support of others volunteering and the nuns at St.

Clare's.

Along

with being the founding president of the auxiliary, Joan is a loving mother to

her four children, Alex, Robert, Tim and Cynthia, and a doting grandmother to

her eight grandchildren. Joan is an example of the type of woman you want to

know, always willing to put others before herself and an ever-positive presence.

Please

join me in thanking Joan Crosbie Parker and the St. Clare's Hospital Auxiliary

for their dedication.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, today I rise in

this hon. House to announce more than $200,000 in scholarships for 201 recent

high school graduates as part of the Provincial Scholarship program. The

scholarship program recognizes high school graduates throughout Newfoundland and

Labrador for their hard work, dedication and academic achievements.

The

Junior Jubilee Scholarship, valued at $2,500, is awarded to the student with the

highest overall marks in the province. This year's recipient is Matthew Hiscock,

a graduate of O'Donel High School in Mount Pearl.

SOME HON. MEMBERS:

Hear, hear!

MR. KIRBY:

The Constable W. C. Moss

Scholarship, valued at $1,000, is awarded to the son or daughter of a member of

the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police for the

highest public exam marks. This year's recipient is Lindsey Feltham, a graduate

of Mount Pearl Senior High.

SOME HON. MEMBERS:

Hear, hear!

MR. KIRBY:

Mr. Speaker, 120 high school

graduates – three high school graduates in each electoral district – were

awarded an Electoral District Scholarship and 79 students have been awarded the

Centenary of Responsible Government Scholarship, each valued at $1,000. A

complete list of the provincial scholarship winners is available online.

I trust

the Member for Mount Pearl – Southlands is happy about that as well, Mr.

Speaker.

SOME HON. MEMBERS:

Oh, oh!

MR. KIRBY:

Mr. Speaker, I would like to

take this opportunity to also acknowledge the announcement of a scholarship fund

for Newfoundland and Labrador students founded by the Jamieson family. The

scholarship honours and commemorates the professional work and contributions of

Don, Colin and Basil Jamieson. The Jamieson Family Memorial Scholarship will

award $1,500 to a high school student who has been accepted into an accredited

Canadian university in an undergraduate program in communication, journalism or

political science.

Mr.

Speaker, I ask all hon. Members to join me in congratulating the 201 high school

graduates receiving scholarships and to wish all of them the very best success

in their post-secondary education and future endeavours.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

I thank

the hon. Member for a copy of his statement. This side of the House is extremely

proud to stand today and acknowledge all the recent high school graduates on

their accomplishments and achievements, specifically those who have been awarded

these scholarships.

The

Official Opposition congratulates Mr. Matthew Hiscock of O'Donel High on winning

the Junior Jubilee Scholarship, and we congratulate Ms. Lindsey Feltham of Mount

Pearl Senior High for being awarded the Constable W.C. Moss Scholarship. Matthew

and Lindsey's academic achievements are just a preview of how far they will go

in life.

This

side of the House also wishes to recognize the Jamieson family for founding the

new Jamieson Family Memorial Scholarship. The Jamieson's contribution to this

province is substantial and their award will have a positive contribution on

youth who will receive it in the many years to come.

closing, we congratulate the 201 students who have received these awards and

wish them every success in their future endeavours.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I'm very

pleased to be able to stand and join with the minister and my colleague in the

Official Opposition in congratulating all of those who received scholarships

this year. The Provincial Scholarship program is extremely important and so is

the presence of private scholarships, such as the wonderful one that has been

announced: the Jamieson Family Memorial Scholarship.

Such

private scholarships, along with the $200,000 that we put in provincially, are

extremely important for our high school graduates as they continue forward in

their life and in the professions they choose.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Fisheries and Land Resources,

SOME HON. MEMBERS:

Hear, hear!

MR. BYRNE:

Thank you very much, Mr.

Speaker.

I am

very, very pleased to rise and to celebrate with this House the Municipal

Habitat Stewardship Program, an extremely worthwhile initiative that is creating

valuable partnerships between the provincial government and municipalities

throughout Newfoundland and Labrador.

This

program is administered by the Wildlife Division of the Department of Fisheries

and Land Resources, and encourages municipalities and local residents throughout

the entire province to recognize the value of wildlife habitat located within

and near municipal planning boundaries. It also provides towns with access to

the expertise and the tools needed to take an active stewardship role in

maintaining their value and integrity.

Mr.

Speaker, several municipalities have successfully used support provided through

this program to protect habitat for a variety of waterfowl, shorebird, seabird

and songbird populations.

Mr.

Speaker, our government recognizes wildlife resources provide tremendous

recreational, social, spiritual and economic benefit to the people of this

province. Through this program, which is unique to Newfoundland and Labrador,

government has established already 39 formal Municipal Habitat Stewardship

Agreements with communities stretching from Forteau to Channel-Port aux Basques

to St. John's in a process that recognizes and incorporates stewardship and

conservation into the municipal planning process.

We also

plan, Mr. Speaker, to build upon the success of this program by entering into

two more Municipal Habitat Stewardship Program agreements in the coming days.

Now that, Mr. Speaker, is deserving of a very hearty bravo.

Mr.

Speaker, I extend congratulations to all participating communities for

demonstrating the foresight and commitment to being involved in the Municipal

Habitat Stewardship Program and I look forward to participation from many other

communities in the future.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Speaker.

I want

to thank the minister for the advance copy of his statement. Mr. Speaker, we are

supportive of these initiatives. Municipal Habitat Stewardship Agreements

encourage municipalities and individuals to be good stewards of our natural

resources. Any opportunity to educate and encourage residents to use and protect

our natural habitat is a good thing.

A number

of municipalities in my area, Bauline, Torbay and Flatrock, already participate

in these agreements and next week Pouch Cove will be signing on. I look forward

to joining the minister at the event at Shoe Cove Pond Park on Monday.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I, too,

thank the minister for the advance copy of his statement. Newfoundland and

Labrador is known for its natural beauty and it is essential that work be done

to preserve and protect wildlife in our province.

recognize the many people involved on the provincial and municipal levels in the

Municipal Habitat Stewardship Program. It is encouraging to hear the reported

success of this collaborative approach.

I hope

the minister will work to speed up – actually, I'm sure the minister will work

to speed up the Stewardship Agreement process so more municipalities can be part

of the program in the near future. I'm sure he won't let me down.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Natural Resources.

MS. COADY:

Thank you, Mr. Speaker.

I rise

in this hon. House today to congratulate Hibernia and its partners, including

the Hibernia Management and Development Company Ltd. and its lead owner

ExxonMobil Canada, on 20 years since first oil, which will be celebrated

tomorrow, November 17.

SOME HON. MEMBERS:

Hear, hear!

MS. COADY:

How quickly 20 years passes.

Employing over 1,500 highly skilled professionals in a variety of professions,

Hibernia continues to have a significant and positive impact on the industry and

on our economy. It was the reason that the Bull Arm site was built and remains a

world-class fabrication facility. Every year since, Hibernia has contributed

millions of dollars to the economy thought service contracts and sub-contract

employment.

From

research and development at Memorial, investment in the arts at the Newfoundland

Symphony Orchestra, to support for our natural history at the Hibernia

Interpretation Centre in Conception Bay South, Hibernia is not just an oil

producer but an iconic Newfoundland and Labrador institution.

Mr.

Speaker, it was almost a year ago that Hibernia marked the tremendous milestone

of having produced 1 billion barrels of oil from the field, with almost 700

million in reserve and possibly more.

Newfoundland and Labrador is considered one of the best frontier regions in the

world today with over 20 basins and over 350 leads and prospects defined. Hebron

is coming on stream and other developments are underway.

Congratulations to Hibernia and its partners, including the Hibernia and

Hibernia southern extension co-venturers, Chevron, Suncor, Statoil, Murphy,

Canada Hibernia Holding Company and Nalcor. We look forward to your continued

success.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

I want

to thank the minister for an advance copy of her statement. We certainly join

the government in congratulating the Hibernia Project and all of its partners on

20 years of production.

The

Hibernia Project has helped transform this province and its economy, all while

providing hard-working Newfoundlanders and Labradorians well-paying jobs.

The

Hibernia Project was truly the entrance of our province into the oil industry. I

would be remiss if I did not mention two of the greatest supporters of Hibernia,

but also architects of the Atlantic Accord: former Premier Brian Peckford and

former federal Minister John Crosbie. We thank them for their vision and their

support in the industry.

The

future of our oil and gas sector is bright, as long as we continue our research

projects, seismic programs and continue to offer a competitive business

environment right here in Newfoundland and Labrador.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I, too,

thank the minister for the advance copy of her statement. Hibernia Project was

the beginning of our offshore oil industry, which has brought much-needed direct

and indirect employment and revenue to our province. We've seen much growth in

the industry since then. Today, Hebron is poised to start production and there

is, as the minister noted, great promise for the future.

Here's

hoping, on behalf of all the people of the province, we have many decades of

prosperity from our offshore oil industry as part of our growing economy.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

minister?

Oral

Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Mr.

Speaker, yesterday here in Question Period we asked the Minister of Finance to

table a list of positions eliminated by attrition. The minister said he was

going to have a look for it and committed to provide the information.

I ask

the minister if he can table those positions eliminated through attrition here

today.

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

I will

be quite delighted to table those. In speaking with the officials in my

department today, Mr. Speaker, because of privacy concerns and some people that

are affected, we are combing through that to ensure that any privacy issues are

not a concern, and we will be tabling that as quickly as we can get it.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

If the

minister can't provide details of positions, is he able to give us a number? How

many positions have been eliminated by attrition this year?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

There

are 286 positions that were identified for elimination. There were 207 that were

in '16-'17 budget. There are 54 positions that are remaining. Some of those

people are positions that are individuals that have been identified as retiring

soon, and those positions will become redundant once that happens.

2017-18 it was 320 positions; 28 positions remain; and similarly, some of those

individuals are still working and, as they retire, we'll make those positions

redundant. Not all of those positions that I've just identified were attrition,

Mr. Speaker. Some of those were the reduction in the number of managers and

deputies, communications and so on.

Mr.

Speaker –

MR. SPEAKER:

Order, please!

MR. OSBORNE:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

The

minister mentioned two numbers for '16-'17, 286 and 287. Is that a combination

or is 286 the total number? Are you able to tell us how many positions were

actually eliminated through attrition?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

The

numbers that were true attrition were 267 positions, directly related to

attrition. There were a number of positions, Mr. Speaker, as well where we

allowed people salary continuance. They continued to work.

Those

are the numbers that there are some privacy concerns around. Those people

obviously may not wish to be identified. Those people are still working; the

position has been identified as becoming redundant. They're continuing to work

and receive a salary until that time is up, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

I ask

the minister to provide us with the information as to what are government's

targets when it comes to attrition. How many positions will be refilled as

people leave?

The

government must have a target. What's your target, Minister?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, that number is a

floating number because it's not the same. If somebody at Her Majesty's

Penitentiary, for example, one of the correctional officers retires or quits,

whatever the case might be, I'm not exactly sure we can leave a position down

there vacant.

We can't

put a firm number on it across the board. Different departments, different

agencies will have different numbers, Mr. Speaker. That question is a question

that doesn't have a straightforward answer.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

understand departments and agencies may have different numbers within them but,

overall, government should have a target; if it's to replace an overall number,

if 10 leave, replace with eight or replace with seven or nine. There should be a

number. There should be a target.

Minister, is there an overall target for government wide?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

The

target for 2017-18, Mr. Speaker, was 320 positions. There are 28 of those

positions that we have not yet realized.

that's the target for 2017-18. Many of those positions were true attrition. Some

of those positions, Mr. Speaker, are under salary continuance and some of those

positions were as a result of resizing government and departments, and

eliminating manager or deputy minister positions, for example.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Opposition.

MR. P. DAVIS:

Thank you, Minister.

appreciate the fact that you may not have information in front of you as to what

those varying attrition targets are for each department, but I'd ask you for

your department. You must know what the attrition target is for your own

department. What would that be?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, I will get that

number for the individual. I'll provide that for my department, that individual.

Again,

Mr. Speaker, there are some privacy concerns here. I don't know if the Member

opposite is trying to create fear in the public service or create anxiety within

the public service, but the way we have dealt with this is very respectful to

the employees of Newfoundland and Labrador.

We are

not targeting mass layoffs and we do not wish to create any concern, anxiety or

fear amongst the public service. We have dealt with attrition without mass

layoffs. We will continue, Mr. Speaker, to find efficiencies without affecting

people the way the Member opposite might like to do.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Actually, not at all; we actually campaigned in 2015 on an attrition plan, which

we introduced some time before that to exactly do that, to avoid layoffs. The

Members opposite said they didn't need to do any of that and here they are doing

all kinds of that stuff that they promised not to do.

As far

as numbers go, Mr. Speaker, there shouldn't be any privacy issues about

providing just raw numbers on how many people are impacted. There shouldn't be

any privacy issues around that.

So I

appreciate the minister going to give me the number for his department. Can you

tell me what the attrition targets are for Nalcor, Minister?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, I don't know

where the Member's black hat is, but I think he's on a witch hunt. We are not

going to allow fear and anxiety to be put into the public service.

What we

are doing, Mr. Speaker, is finding efficiencies. We've done that through

departments. We're asking agencies, boards and commissions to take on finding

efficiencies; we're not asking them for mass layoffs. Where somebody retires or

a position becomes redundant and if those positions don't need to be filled,

they won't be filled.

What I

will say to the Member opposite is that we're not targeting individuals and

we're not going to set out targets that are not realistic.

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Attrition is exactly about not targeting individuals; it's about targeting

opportunities to reduce the cost to government. When it comes to agencies,

boards and commissions, which the minister said yesterday they're now going to

ask agencies, boards and commission to reduce through attrition, they've

actually budgeted this year $41.9 million in savings from government agencies

when actually there's been a spending increase of $18 million.

Can you

explain to me, Minister: When you targeted a reduction of $42 million, how is it

you have an increase in costs of $18 million?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Some of that number, Mr.

Speaker, was pensions.

But it

also outlines – I'll ask the Member: Are you supporting the legislation to

ensure that we find efficiencies within agencies, boards and commissions?

Because, Mr. Speaker, if he's not supporting it, I think the people of the

province should know that.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Mr. Speaker, it becomes more

difficult at all times to receive information from this government.

This is

not our first time asking for those details. As a matter of fact, back on April

28 we had a meeting with officials in his department. We were promised to be

given a number of items and pieces of information which we've failed to receive.

It's the first time we're actually being able to get some information from the

department.

question for you, Minister, was you've announced in your fiscal update an

increase in spending by agencies, boards and commissions of $18 million, when

you've budgeted this year a reduction of $42 million. How did that happen,

Minister?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, I'll give him

the answer again: Much of that number was due to pensions.

We do

need, within our agencies, boards and commissions, to find efficiencies and

that's what we're looking for, the same way we found efficiencies within

government departments. We're looking for efficiencies. We're asking agencies,

boards and commissions to put in place an attrition plan, the same as we have

within government so that they don't have to lay off people in a way that's not

fair to the people that are working for them.

We're

asking for savings, we're asking for attrition, we are asking for efficiencies,

Mr. Speaker, and that's what we expect.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Mr. Speaker, I believe what

we have here is a difference between $42 million in savings versus an $18

million increase in spending by agencies, boards and commissions. That could be

a $60 million difference. Now, I'm not trying to assert that or suggest that,

I'm simply asking the Minister of Finance to explain that.

He did a

fiscal update this week and said there's an $18 million increase in spending.

They forecasted a decrease of $42 million. I'm asking the minister to explain

how that happened.

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, if the Member

opposite would like me to write pensions on a piece of paper and have the Page

deliver it to him across the House, I'll do that.

I will

say again: Much of that number was pensions. Do you want me to spell out

pensions? Much of that number was pensions. I've identified it. It's the third

time I'm answering this question. Much of that number was pensions.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Mr. Speaker, I appreciate the

effort on the minister. He's not able to answer the questions so he's trying to

find something to use up his time, I assume.

We have

$42 million in savings. Is he saying $42 million in savings was supposed to be

pensions, but the increased $18 million is actually pensions? I've asked for an

explanation and he can't provide it. As a matter of fact, Mr. Speaker, after our

meeting on April 28 the department had promised to provide us with a number of

clarifications on items regarding the budget.

Minister, are you able to provide any update if we're going to receive that

information? We've asked for it.

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

I'm sorry, there was somebody

else speaking. I'll ask the Member to repeat his question so that I have it

clear. I apologize.

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

We met

with officials of his department on April 28 regarding

Budget 2017 . We actually followed up with a letter to the then

minister on May 5 listing a number of items that we were promised to receive

from officials. We've not received those clarifications, those items as

requested.

The

minister may not be able to answer it today; will he certainly try to ascertain

if this letter will be responded to?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, I'll certainly

seek out the letter. I'm not aware of the letter. I haven't read the letter.

I'll certainly seek out the letter and to the best of our ability we will answer

the questions or get the information that the Member has requested.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

In the

meeting we had with officials from the department, there were a number of pieces

of information given to us regarding government agencies, boards and

commissions, or government agencies as it was the extent of agencies. One of

them was on the College of the North Atlantic, an estimated $5 million in

reductions in salary and benefits.

Are you

able to provide us an update on that, Minister?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Mr. Speaker, the Member

opposite was in that meeting, I wasn't. He should know I wasn't there.

If he

wishes to present me with a list of the items that he had at that meeting, I

will endeavour to get the information. I wasn't at the meeting. I can't answer

the questions as to what you've asked or what the answers were coming out of

that meeting.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Leader of the Official

Opposition.

MR. P. DAVIS:

Actually, it was included on

budget documents provided by the government, Mr. Speaker. It wasn't just a

verbal; it was actually in documents provided by the government on zero-based

budgeting, savings of $5 million for the College of the North Atlantic.

Actually, for the regional health authorities, accounting and standardizing

assumptions was an $11 million savings.

Maybe,

Minister, you can check on those for us as well. You probably don't have access

to them today, but would you look at those as well and provide us with an update

on those?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Yes, absolutely. Any of those

issues that haven't yet been answered, the Member can put them on a piece of

paper, get them to me, I will certainly endeavour to get the information for

him.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

I ask

the Minister of Health: In your proposed legislation to implement the

Prescription Monitoring Act ,

why are the minister's powers to administer, monitor, educate and report to

the regulatory authorities so great? Don't you think these responsibilities

would be better served to be handled not by politicians, but by an agency

outside of government?

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much for the

question, Mr. Speaker.

The act,

which begun yesterday in terms of second reading, is entirely consistent with at

least two, if not four, other jurisdictions in Canada, certainly in terms of the

powers and range that the Member opposite refer to.

As far

as the discussion of how the act will look after this House is finished debating

it, I look forward to comments from the Member opposite in Committee, and we'll

be happy to deal with questions like that at that time.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

I might

want to note to the minister also that there are a number of other jurisdictions

that have a monitoring board that oversees that, particularly one of our sister

provinces in Nova Scotia that seems to be working very efficiently.

The

minister will have the ability to assign an inspector into medical clinics and

inspect personal medical files; is this correct?

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Mr. Speaker, thank you for

the question.

Our

legislation lines up nicely with PEI and Ontario, so there are a whole variety

of models – and we are actually the last, so we're learning from our sister

jurisdictions about missed steps they may have made.

In terms

of the enforcement powers under the act, those are under discussion. We have set

this act as primarily an education approach for the vast majority of compliant

physicians. There are, unfortunately, a small number of non-compliant ones and

it is for those that the Centre for Health Information will have some powers to

enforce compliance, Mr. Speaker, and that's necessary.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

So I ask the minister: Why

does the minister need this totalitarian authority over this program?

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

I think

it's rather an emotional adjective to apply to the powers of the minister. It

fits entirely with PEI, which I've not noticed is a totalitarian jurisdiction,

and also Ontario, which I hear is quite democratic also.

The

minister's power and oversight will be as part of a mechanism with an advisory

board, which will consist of physicians, pharmacists, social workers and a

variety of other stakeholders who will feed into that system, entirely as it is

done in other jurisdictions, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for Conception Bay

East – Bell Island.

MR. BRAZIL:

From the act that I read

yesterday and the responsibilities that are outlined by the minister, he has

total control over this.

I ask:

Why does the minister have full authority over who gets to see people's personal

medical files? You have total authority in that act that's being presented.

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

Mr. Speaker, reading further

down the act, the Member opposite will no doubt realize that the powers of the

minister will be delegated to the Newfoundland and Labrador Centre for Health

Information. It is they who will administer the program. The facts of the case

are this is entirely consistent with other jurisdictions and is meant initially

as an educational exercise, but also there is, unfortunately, a need for

enforcement.

We have

a problem with opioid prescription diversion on the streets. People are dying,

as a consequence of this, at an average in this province, unfortunately, of 16 a

year. This will deal with that crisis.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for Conception Bay

East – Bell Island.

MR. BRAZIL:

So the things the minister

talked about are things that he would like to do. It says he has authority, that

he shall, but in no case or no evidence here does he outline any of those in the

act.

The

question here is: Why are these things not outlined in the act, that the centre

will be the inspection agency and the agency that will assimilate all the

information? Why does he not outline exactly how the process will work? Why

won't you put that into your act right now?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

Mr. Speaker, there is a

pressure to act and there is always a balance to be achieved between what goes

into

an act and what goes under regulation.

This is

not

an act as yet; this is a bill. There is ample opportunity for this

discussion in Committee rather than grandstanding in front of the House in

Question Period when 45 seconds is nowhere near enough time to explain those

nuances. I look forward to Committee, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for Conception Bay

East – Bell Island.

MR. BRAZIL:

As we made perfectly clear

yesterday, this side of the House is very supportive of addressing opioid

misuse.

I ask

the question: Why are opioids not identified in this piece of legislation? This

is the intent of addressing that issue that we have in this province. Why is it

not identified?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

The

intent of this bill is around opioids. The regulations that will come out under

this act will stipulate that.

We are

talking about monitored drugs. There are other lethal drugs out there apart from

opioids. We have to do this in a bite-sized approach, but we need to deal with

the issue at the moment which is killing Newfoundlanders and Labradorians. That

is the diversion of prescription opioids and the uncertainty on the street as to

what they're actually doing.

Sixteen

people died in this province last year. No time for any more feet dragging, Mr.

Speaker – we need to get on with it.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

We totally agree that this

needs to be addressed, but the manner in which this piece of legislation is

outlined, where there are so many open-ended things, doesn't protect the people

of Newfoundland and Labrador. Particularly, it doesn't go far enough to be able

to protect the individuals who are having these challenges.

The

other issue here is about why are other classes of drugs being open-ended so

that the minister has an ability to add, at a whim, any other drugs that he

wants to the Monitoring Program?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

I'm reminded by a comment

made by one of my learned colleagues yesterday. On the one hand, I'm

totalitarian, and on the other, I'm not being stern enough and strict enough.

I'm really not sure. Maybe that's an indication we're striking the right

balance.

The

facts of the case are that we have an issue with drugs at the moment. Next week,

next year, it could be W-18, it could be carfentanil.

The

minister, on the advice of his advisory committee – or her advisory committee, I

apologize – could well then introduce monitoring for those drugs. It allows

flexibility. Other jurisdictions have needed this and missed it when they didn't

have it. We're not falling into that pitfall.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for Conception Bay

East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

On this

side of the House, we don't find this issue very funny.

What I

do ask: Could you monitor antibiotics? Is that another drug that can be added to

the Monitoring Program?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

Mr. Speaker, the primary aim

of this act is educational. Monitoring of drugs will be left to a recommendation

between the advisory committee and the minister.

I see no

reason why, ultimately, every and any prescription in this province could not be

monitored. Why would you not? This is an educational tool, the like of which

could transform clinical practice for all prescribers. Why would you shut that

door?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for Conception Bay

East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

I agree

with the minister's statement. Why don't you entrench that into the act? Why is

it so open-ended? What are you afraid of to have it in there so people would

know exactly what that act entails?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

It is an

issue of flexibility. If you entrench things, by definition you lose that

flexibility.

What we

need is the ability to respond to new public health crises in terms of urgency,

and what we need is the flexibility to approach our health care system and

prescribing through a thoughtful lens. You can't do that by going back to the

House every five minutes when you decide you want to put something else in.

This is

a balance between the totalitarianism he doesn't want and the lack of

enforcement that he complains of.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

I just asked that the minister clarify exactly what this House would be voting

on and what the people of Newfoundland and Labrador would expect would be

covered in a piece of legislation to protect them.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

When questioned about

cancer patients who had been turned away from receiving treatment, the minister

blamed everybody but his government – policy, human resources and

communications.

I ask

the minister: Was a new full-time position put in place as a result of this

incident out in Central Newfoundland this past week?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

forgot, with the question at the end, the

preamble with which I would take some

issue. In terms of the specific question about the unfortunate communication

error in Central the other day, this was – and I have said that – a

communication error. These patients were wronged, in error, and that error was

rectified, Mr. Speaker.

Eastern

Health, that runs that clinic, has been tasked to find out how that occurred and

to make sure it doesn't happen again, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for Conception Bay

East – Bell Island.

MR. BRAZIL: Thank

you, Mr. Speaker.

I ask the minister: At what point were you notified of this

incident in Central Newfoundland?

MR. SPEAKER:

The Minister of Health and

Community Services.

MR. HAGGIE: Mr.

Speaker, I found out about it the same time the media did. Apparently, somebody

called from the clinic in Grand Falls direct to NTV.

No manager, no nurse, no civil servant, no member of the

Department of Health was contacted directly about this. This all came about

through a direct phone call from a relative from the clinic to NTV. That's when

I found out, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER: The

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

MR. BRAZIL: I've

been told that repeated calls have been made to your office and to Eastern

Health with no response.

Will the minister respond to these patients who were

wrongfully let out of cancer treatment that they needed for life-saving

interventions?

MR. SPEAKER:

The Minister of Health and

Community Services for a quick response, please.

MR. HAGGIE: Mr.

Speaker, both patients were contacted. The urgent patient had their cancer

chemotherapy that day. The other was rescheduled at a mutually convenient point.

My department has had one phone call and is responding to

it as I speak.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER: The

hon. the Member for St. John's Centre.

MS. ROGERS: Mr.

Speaker, this is a really hard time for women. Three women in our province were

murdered in six months and the #MeToo campaign shows sexual assault is still

rampant.

For decades and decades, women's organizations have

organized, written briefs, collaborated with government and police and given

training and awareness sessions. They've given input into a violence prevention

action plan, but the violence continues.

I ask the Premier: Will he do the right thing and strike an

emergency task force of specialists from the community to make specific

recommendations of what action must be

done immediately and in the long term by government departments and

community to eliminate this persistent violence against women and girls?

MR. SPEAKER:

The Minister Responsible for

the Status of Women.

MS. COADY:

Mr. Speaker, I agree with the

Member opposite, it's been a very difficult time. I think this week has been

particularly challenging for women because of the deaths and violence that we're

seeing and experiencing.

Mr.

Speaker, our government, and I know all of us in this House, take this issue

extremely seriously. We do have a violence prevention plan. We went out to the

community last year and re-engaged and validated that plan.

increased funding for women's organizations for SHOP, for the transition houses

last year. We'll continue to do that; domestic violence court, for example. We

are working between departments to do the best we can with our community.

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Member for St. John's

Centre.

MS. ROGERS:

Mr. Speaker, we have the

highest domestic-violence rates in the country. Sexual assault is not going

away. But this is not just a Justice issue; we need all relevant departments

working together, including Status of Women, Education, AES, Health and CSSD.

Why will

the Premier not take immediate action and strike a task force so it can begin

this consultative work?

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

appreciate the question from the Member opposite. To echo my colleague, the

minister responsible for the Women's Policy Office, this is an issue which is

serious and on which serious action will be taken. One of the things that we are

doing is having a meeting in the very near future to discuss this very issue and

solid, concrete actions we can take.

I have

in front of me a list of the people and the groups that will be coming together

to meet. It involves Aboriginal and indigenous groups, MHAs from this House and

representation from all levels of government from multiple departments. It also

involves people who haven't been involved in organizations.

Survivors have reached out, people from the community. We will have everybody in

the same room to work together on this issue.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East – Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

The

Minister of Finance has stated in this House that he was not aware of his

government cutting any jobs or services since coming to power. Seniors were

negatively affected by cuts in 2016 and 2017. They lost the dental plan, they

lost home care hours that helped them remain in their homes and the wait lists

for affordable housing are still years long. Seniors are gravely concerned about

the prospect of future cuts.

I ask

the minister: What more is he planning to cut that will affect the lives of

seniors?

MR. SPEAKER:

The Minister of Finance and

President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

Housing

lists have been long for years. I do have to point out, Mr. Speaker, I find it a

little bit disturbing that the Member would fear monger. We announced that we

were bringing in legislation to ask agencies, boards and commissions to find

efficiencies and she tried to link that to the elimination or the cutting of

social assistance benefits.

Mr.

Speaker, we found efficiencies in the department that delivers social assistance

benefits, but we didn't reduce those benefits. In fact, I think they may have

been increased.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for St.

John's East – Quidi Vidi.

MS. MICHAEL:

Thank you, Mr. Speaker.

In the

fiscal update, the minister talked about – and did it again now – the cuts to

agencies, boards and commissions as if they were disconnected from previous cuts

made by government. But we know that future cuts to services and future

electricity rate hikes will be stacked on top of cuts already made to services,

as well as increases in fees and long wait times. The cumulative effect of all

of these cuts is more hardship for people.

I ask

the minister: How much more of a burden is he going to put on the backs of

seniors, working families and young people in this province with these

cumulative cuts to services? I can't believe the denial that he's in.

MR. SPEAKER:

The hon. the Minister of

Children, Seniors and Social Development, please.

SOME HON. MEMBERS:

Hear, hear!

MS. DEMPSTER:

Thank you, Mr. Speaker.

I want

to say to the hon. Member across the way that this government is committed to

supporting initiatives. As a matter of fact, Mr. Speaker, the budget is now $250

million for poverty reduction – more than 100 poverty reduction initiatives. Two

hundred and fifty million dollars in budget '17, up from $190 million in budget

'16 – that's an increase from the budget in 2015.

I say to

the hon. Member: We are doing a lot for low-income seniors – the Income

Supplement, $122 million. We're hearing from people every day, Mr. Speaker. They

appreciate that.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time for Oral Questions

has ended.

Presenting Reports by Standing and Select Committees.

Presenting Reports

by Standing and Select Committees

MR. SPEAKER:

The hon. Member for St.

George's – Humber.

MR. REID:

Thank you, Mr. Speaker.

I rise

today to present the report of the Privileges and Elections Committee on a point

of privilege of the Government House Leader, respecting the publication via

this House back in May.

Having

reviewed and discussed the point of privilege raised by the Government House

Leader, the commentaries of other Members and the parliamentary authorities, the

Committee concurs with the Speaker's prima facie opinion that the actions of the

Member for Mount Pearl North amounted to contempt of the House. The penalties

which can be imposed, if contempt is found, range from a reprimand to a

suspension from services of the House for a period of time with a salary

deduction for the duration of the suspension.

Given

that before the Committee had finished their deliberations on this question of

privilege, the Member for Mount Pearl North had resigned his seat to take up a

position in the private sector, the Committee does not recommend that any action

be taken by the House in this instance.

however caution Members that if a similar fact situation were to reoccur with

respect to a sitting Member, another committee might well exercise its options

to impose penalties.

Mr.

Speaker, I want to thank all Members who served on the Committee, the

vice-chair, the Member for St. John's East – Quidi Vidi, the Member for

Stephenville – Port au Port, the Member for Ferryland and the Member for Harbour

Grace – Port de Grave.

I would

also like to thank the Table Officers for their work, their knowledge and their

wisdom as they provided advice to the Committee.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further reports by standing

and select committees?

Tabling

of Documents.

Tabling of

Documents

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MR. OSBORNE:

Thank you, Mr. Speaker.

Pursuant

section 5(2)(

a) of the Supply Act ,

2017, I am tabling one Order in Council relating to the usage of the contingency

reserve for the '17-18 fiscal year.

MR. SPEAKER:

Further tabling of documents?

accordance with

section 19(5)(

a) of the

House of Assembly Accountability, Integrity and Administration Act , I hereby

table the minutes of the House of Assembly Management Commission held on May 17,

Notices

of Motion.

Notices of Motion

MR. SPEAKER:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Speaker.

I give

notice that I will ask leave to introduce a bill entitled,

An Act To Amend The

Highway Traffic Act No. 2, Bill 27.

MR. SPEAKER:

Further notices of motion?

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for St.

John's East – Quidi Vidi.

MS. MICHAEL:

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 humbly sheweth:

WHEREAS

deaf and hard of hearing children in the public education system of Newfoundland

and Labrador are not receiving full and equivalent access to a quality education

because of the lack of appropriate full time resources; and

WHEREAS

from 1964-2010, deaf and hard of hearing children were provided with a full time

quality education in the Newfoundland School for the Deaf, but deaf and hard of

hearing children currently placed in mainstream schools receive only a fraction

of the school day with the teacher qualified to instruct deaf and hard of

hearing children;

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

of Assembly to urge government to undertake an immediate, complete and thorough

assessment of the supports in place for deaf and hard of hearing children by a

committee of at least two independent and recognized experts in the field of

deaf and hard of hearing education.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

The

Speaker cannot hear what the Member is saying. I'd ask for the co-operation,

please, of the House.

Thank

you.

The hon.

the Leader of the Third Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I think

it's fairly ironic this is happening while I'm reading this petition. I have

already said in this House that I am hard of hearing and wear hearing aids –

MR. SPEAKER:

Agreed.

MS. MICHAEL: –

and the noise from outside

affects my hearing.

In duty

bound, your petitioners will ever pray.

I will

not read the end of that. I have read it many times now. I'll read it when I

stand again.

I want

to take up on, though, the last part of the petition because it calls on the

need for access to sign language. The proof is there that sign language, number

one, is the language of people who are deaf, and many hard of hearing people

also use sign language who aren't completely deaf.

The

language is part of their life; it's a culture. One researcher has said the

language areas of the brain have no preference for language input. In other

words, language happens whether one speaks the language in an oral way or one

uses one's hands, it's still a language. Oral or manual doesn't matter in

acquiring a language base.

For

people who are deaf, the way in which they acquire that is through sign

language. It is their language. It is the way they speak, and our children right

now are being denied that in the schools where they are in the inclusion model

that we now have in this province. I beg the minister to listen to the people

who are petitioning, that things are made better for the deaf and hard of

hearing children in our schools.

Thank

you very much.

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

nurses are indispensable for delivery of high-quality health care;

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

of Assembly to urge government to protect nurses' jobs when responding to

revenue shortfalls.

And as

in duty bound, your petitioners will ever pray.

Mr.

Speaker, there's nobody in this House who would argue about the quality and the

importance of nurses in our health care situation. The delivery of the services,

they're second to none. Their responsibility is at the highest level in the

health care profession.

We do

understand now when there's an aging population, a bigger demand on the health

care system itself, nurses play a very vital role there, very important. We've

heard stories about nurses having to work double shifts, nurses not getting a

day off in two weeks, nurses being stressed out over work, physical injuries

because of the workload and their inability to take time off to let those

injuries heal. We do realize the impact it's having.

We've

heard conversations here from the Minister of Finance about going out to

agencies, boards and commissions, finding ways to cut and generate or do more

with less. We realize nurses are so important to our health care profession

here. There has to be some security for these nurses. These nurses are going

above and beyond their call of duty to ensure that there's always somebody on

duty.

Again,

we hear about how many of them come back, double shifts, triple shifts

sometimes. We hear about the fact that they might make, on paper, a substantial

wage, a very lucrative wage, but if you add in how many extra hours they're

working – you're adding that they're doubling back, you're adding that they're

working every weekend through – the amount of income is only in line with any

other professional qualified area in this field that people get paid for.

What

we're talking about here is the people of Newfoundland and Labrador can't afford

for there to be any cuts when it comes to the number of nurses that are

providing health care. As a matter of fact, the discussion has been around how

we increase the number of nurses so that we offer better quality of health care,

that we also ensure less nurses are off with ailments because they're not

overworked or they're stressed out, or their injuries haven't had the proper

time to heal.

There's

a continuum here that if we invest more money, we guarantee that the nurses that

are there get to stay and they know that there's security. If we also look at

better ways of investing in nurses so that they can take on other areas of the

health profession and support those avenues there, that also they can be a

support mechanism for what goes on.

Mr.

Speaker, I'll have an opportunity to speak to this again about the importance of

nurses in providing health care.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Further petitions?

The hon.

Member for Ferryland.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, I'm pleased to stand today and present a petition on behalf of some of

the residents of my district.

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

a piece of transportation infrastructure, the Witless Bay Line off Route 10, is

a significant piece of infrastructure; and

WHEREAS

it is a main highway and it plays a major role in the commercial and residential

growth of the region;

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

of Assembly to urge government to perform brush cutting on the Witless Bay Line

for traffic safety reasons due to the volume of vehicles travelling this highway

daily.

Mr.

Speaker, this is an issue that's certainly come to light in regard to the safety

and driving experience for commercial reasons, residential and those that take

this highway from the Trans-Canada Highway to Route 10 on the Southern Shore – a

busy stretch of highway; over 20 kilometres, at this point in time, with

vegetation growth over the past number of months and, over the last year,

significant restricts in regard to sight lines, accessing that piece of

infrastructure.

Just

recently I went over that piece of highway, there is large vegetation close to

the highway and then especially late at night with the darkness as well and with

the tree line so close to the highway, sometimes even leaning right over the

shoulder of the road and restricting visibility.

We have

made the request to Transportation and Works to look at that this fall, or at

the latest the spring, to get some work done and to get this piece of

infrastructure in regard to maintenance related to cut back of vegetation along

the highway for the safety of the residents of the region.

We know

the Southern Avalon in regard to tourism, how important it is. As well,

industrial activity in regard to the fishery, other fabrication facilities on

the Southern Shore and the connection that has from the Trans-Canada Highway to

Route 10 on the Southern Shore is extremely important.

So we

certainly call on government to have this dealt with and dealt with immediately

to assist the general public in travelling that piece of infrastructure.

Thank

you, Mr. Speaker.

MR. SPEAKER:

Further petitions?

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

school-aged children are walking to school in areas with no sidewalks, no

traffic lights and through areas without crosswalks; and

WHEREAS this puts the safety of children at risk;

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

of Assembly to urge government to ensure the safety of all children by removing

the 1.6-kiliometre busing policy where safety is an ongoing concern.

Mr.

Speaker, yesterday we had a private Member's motion by the Member for Baie Verte

– Green Bay – I think that's right – and we all agreed in this House of Assembly

about the safety of children. Yesterday, it was about school zones and the speed

limit in school zones.

things have changed in a lot of our districts, especially in my district, in

Torbay, we have 17,000 cars a day travelling down Torbay Road. Traffic is bumper

to bumper in the mornings and in the evenings. The safety – and that's what we

talked about yesterday. The whole issue with the PMR yesterday was about the

safety of children. I believe that the 1.6-kilometre busing issue should be

addressed and it should be looked at in areas. I know it's a cost factor for

government, but we should never put a cost on the safety of our children.

It's

important that government realize that. I know parents are very, very concerned

in my area, as in other areas, about the busing issue. So I ask and call upon

the Minister of Education who has the authority to change this policy to do so.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

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 from the Order Paper again for debate, Order 7, second reading of Bill 25.

MR. SPEAKER:

The hon. the Member for

Placentia West – Bellevue.

MR. BROWNE:

Thank you, Mr. Speaker.

Indeed

it's a pleasure to stand on my feet in the Legislature to add my voice of

support to Bill 25, the Prescription

Monitoring Act . I thank my colleague the Minister of Health and the

parliamentary secretary for Health and Community Services for speaking to this

yesterday and ensuring that it made it to the floor of the House.

Prescription drug abuse is an issue that affects every corner of this province,

Mr. Speaker, and every province in Canada. People are dying from drug overdose

and it is a heartbreaking reality facing individuals, families and communities.

As my

colleagues have pointed out, in this province there were 57 hospital admissions

last year involving opioid poisoning, and 16 apparent opioid-related deaths.

Prescription drug abuse is a real problem and, today, our government is taking

measures to help combat this problem.

believe that a Prescription Monitoring Program is a crucial tool in addressing

prescription drug abuse and inappropriate prescribing. The approach being taken

here today in Newfoundland and Labrador focuses on the inappropriate dispensing

of at-risk drugs that has also been taken by other provinces. Every province,

except Quebec, has some form of prescription monitoring.

Bill 25,

the Prescription Monitoring Act , sets

out the legal framework for a Prescription Monitoring Program and it will come

into effect on January 1. It will help detect questionable prescribing or

dispensing patterns and will include reporting mechanisms to address potential

issues of abuse.

Prescription Monitoring Program supports the work already underway as part of

the provincial Opioid Action Plan and builds in other measures we have taken to

address the opioid crisis.

Earlier

this year, our government launched the safe prescribing course. I am proud to

say that Newfoundland and Labrador is the first province to do so. Similar to

that course, there is an important educational component for health care

professionals with respect to the Prescription Monitoring Program.

The

Prescription Monitoring Program will alert pharmacists to questionable activity

when a prescription is filled. If an individual has visited multiple physicians

or pharmacies to get more drugs they will be flagged. Sadly, Mr. Speaker, this

is happening.

Pharmacists will have a stronger ability to identify the excessive and often

inappropriate use of a number of serious drugs. Physicians will also be able to

get a clearer picture of their prescribing practices and determine where there

are opportunities to improve or make changes to their respective practices as

needed. As part of this legislation, as of June 30, physicians and other

prescribers will have to review a person's complete medication history using

HEALTHe NL – the electronic database – before writing a prescription for an

opioid.

Prescribers and dispensers will have access to up-to-date, accurate patient

medical information. That will help inform their clinical decision-making

practices and support a patient's health care needs. It will certainly help

lower potential adverse drug interactions.

The

Prescription Monitoring Program has been developed in extensive consultation,

Mr. Speaker, and in close partnership with the advisory committee consisting of

provincial health care, regulatory bodies, law enforcement agencies, community

groups and government officials. Government has also consulted with the

Newfoundland and Labrador Medical Association and the Pharmacists' Association

of Newfoundland and Labrador. I join my colleagues in thanking these individuals

and agencies for their participation and input into the program and its

supporting legislation.

The

Prescription Monitoring Program is another step in our government's Opioid

Action Plan. A Prescription Monitoring Program complements work already underway

as part of this action plan and builds on other measures taken by our government

to address the opioid crisis including: a new mandatory safe prescribing course

for health professionals, developed in partnership with the College of

Physicians and Surgeons of Newfoundland and Labrador and Memorial University's

faculty of medicine; the passage of Bill 55, which I was very proud to support

as well,

An Act Respecting Secure Withdrawal Management for Young Persons; a

public awareness and education program on opioids; and a naloxone take-home kit

program to increase capacity for opioid overdose.

Naloxone

pop-up tents were also available at various locations and festivals this past

summer and fall. These kits and the education on how to use them provided drug

users and their family with valuable information on overdose prevention.

The

Prescription Monitoring Program also builds upon the success of the provincial

Pharmacy Network, which gives health care professionals access to a person's

medication file. When a prescription gets filled at a pharmacy, the Pharmacy

Network stores information about a person's medication history, making it easier

for prescribers and dispensers to make more informed decisions about care and

helping prevent harmful drug interactions.

Data

from the Newfoundland and Labrador Centre for Health Information shows that

benefits from the Pharmacy Network are already being realized. There has been a

decrease in adverse drug events, there has been a decrease in prescription

errors and there are reduced duplicate prescriptions, Mr. Speaker.

There is

also a public safety component of this legislation. The Prescription Monitoring

Program will help to protect the public by reducing the amount of controlled

drugs available illegally. It will allow the proactive sharing of information

with law enforcement for investigative purposes where illegal activity related

to controlled drugs is suspected. It will also allow the proactive sharing of

information with regulatory bodies for investigative purposes by

health-profession regulators where there may be professional misconduct on the

part of prescribers or dispensers.

In the

event of questionable activity, there are a number of options the Department of

Justice and Public Safety and the Newfoundland and Labrador Centre for Health

Information will pursue including: educational activities or information sharing

with prescribers or dispensers; the prescriber or dispenser may be required to

explain the prescriptions in question; information on the prescriber or

dispenser may be provided to the appropriate regulatory body; or information on

the prescriber or dispenser may be provided to law enforcement.

The

electronic database for the Prescription Monitoring Program will reside with the

Newfoundland and Labrador Centre for Health Information. This is important

because the Newfoundland and Labrador Centre for Health Information already

manages the province's electronic health record, including the Pharmacy Network.

The

object of this bill is to provide education, assistance and support. The

expectation, Mr. Speaker, is that prescribers and dispensers will respond to

requests for information. It will allow for the sharing of information with

enforcement agencies for investigative purposes and assist health care

professionals.

Mr.

Speaker, the misuse and abuse of opioids is a real problem facing our province.

That is why I am pleased to support a bill that will allow us to take action and

protect our families, our neighbours, our community and our youth. I ask all

hon. Members of this hon. House to do their part and support Bill 25.

Mr.

Speaker, I also wish to make mention of a group in my district: Stand Against

Drugs on the Burin Peninsula. It's been a group formed for a number of years.

The Member for Burin – Grand Bank and I have met with them a number of times and

attended a number of public sessions they have hosted.

There is

no doubt there is real concern and angst in the community out there, Mr.

Speaker, on the rampant nature of drugs in our community. That's why I was so

pleased that two of the main tenets of what the group on the Burin Peninsula had

been advocating for – one was secure withdrawal legislation for youth, Bill 55,

last year which we accomplished. I'm very pleased to say that we've done that.

Of course now, Bill 25, prescription drug monitoring, was the other major issue.

They put a lot of advocacy into this.

Ruby

Hoskins, who is their chairperson, has worked very hard on this. The whole

community came together, Mr. Speaker. I believe as legislators, as Members of

this House, that's what it's all about. It's when people can come together,

participate in the legislative process, not only as 40 of us, but as the

community engaging with us on the legislation that we bring in.

We have

to address the mental health and addictions issues that are out there, Mr.

Speaker. I'm very pleased with the All-Party Committee report on mental health

that I know the minister and the department now are implementing. There has been

a lot of work done.

As the

minister said just last week, the time for studies, analysis and review has

passed, Mr. Speaker. We've long gone past that. People are dying. That is the

reality. So to hear Members of the Opposition today in Question Period trying to

delay and further delay this – people are dying. That's why we're taking action.

We're taking decisive action to address the opioid crisis in this province and

try and save some of our youth. That's very important to us.

interesting statistic – as I was doing some reading on this, Mr. Speaker – for

every dollar that is spent on opioids, $1.32 is spent on opioid treatment. So

we're putting out in one hand and we're giving out in the other hand as well.

It has

major financial implications to the Treasury that need to be addressed, but that

is secondary to the issue of addressing the life-and-death situation that many

face, Mr. Speaker, some often through no fault of their own. They need our help

and our health care professionals need our help to ensure that there is a

framework in place to ensure that this exists so that prescriptions for

prescribers, for dispensers and for patients can be tracked.

Everyone

in that chain has a responsibility to be responsible stewards of what they're

doing, and that includes the patient, Mr. Speaker. Sometimes people find

themselves in a situation where they can't help themselves. They need

assistance. I certainly hope and I sincerely hope that the actions we are taking

as a government in bringing forth Bill 25 for prescription drug monitoring, Mr.

Speaker – I sincerely hope that it leads to saving lives and I sincerely believe

that it will.

When you

look at the number of bills that come before us here in this Legislature – and

each one of us often gets up to speak on many of them – there are some that you

can call game changers, Mr. Speaker. There are some that are just monumental. I

would put this in that category. Just as I did for prescriptive cancer coverage

for firefighters, both volunteer and career; as I did for Bill 55. There are a

number of things just in my short time here that I can say were very important

and votes that I remember taking.

I'm very

proud to say that we're going to move on this. I hope that all Members of the

Legislature, no matter of party, will concur. We need to address this crisis,

Mr. Speaker, with every tool that we can offer because any opportunity that we

can have to save even one life – just one life – that's worth the battle.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for Mount

Pearl – Southlands.

MR. LANE:

Thank you, Mr. Speaker.

I'm glad

to have the opportunity now as well to speak to this bill,

An Act Respecting the

Monitoring of Prescriptions in the Province.

Mr.

Speaker, as has been said – but I think it's important to say – there's nobody

in this House of Assembly, I don't believe, that does not support the principle

of what the government is trying to achieve with this legislation. Any

suggestion, I would say, that anybody on this side is trying to somehow delay

this or prevent this from happening – I'll speak for myself, but I'm sure I

speak for all Members over here – that's absolutely not true.

Part of

the legislative process, part of the democratic process and part of the role you

have on this side of the House of Assembly is to question legislation, to ask

questions, to provide suggestions, to seek out any weaknesses that might be

there so that hopefully we could strengthen those weaknesses. So as we go

through this process, Mr. Speaker, here in second reading, as we go to

Committee, I'm hopeful that perhaps there may be some amendments that could

possibly come forward.

Now,

unfortunately, if we look at the record of how things work in the House of

Assembly – and that's not tied to this government, it's just the system in

general – quite often it's very difficult to see amendments go through because

it's very hard, if not impossible, to change the intent. It's very hard, if you

change the intent of a particular clause in any way, it's usually ruled

unparliamentary.

So the

only way really that we could get some meaningful amendments, would be for the

government side to bring forward some amendments to its own legislation. We have

time and the ability to do just that. If government were to decide to listen to

some of the suggestions being made, not just by Members on this side of the

House, but by professionals and so on, whether it be the NLMA or other groups

that have concerns. I'll leave that up to them whether they will or not.

I will

say that I will be supporting this bill, regardless as to whether they make

amendments or they don't, because I believe we have a crisis situation in our

province as it relates to drug use, both illegal drugs as well as prescription

drugs. Now this bill is dealing with prescription drugs, but drugs in general

are a major, major issue in this province. Not just in the inner city and not

just in the urban centres, but throughout the province. We know a lot of that is

related to illegal drugs.

If we

think back years ago, we all know back 20 or 30 years ago you often heard of

marijuana. I guess it has been around forever. That will be legalized soon. You

would hear from time to time, perhaps very rarely, but sometimes you would hear

about cocaine. My goodness, now – I went to a session, I don't know if it was

last year or the year before, at O'Donel High School that the RNC had put off in

the school with the students. We were told they are after shutting down meth

labs, if you can believe it.

Here in

Newfoundland and Labrador, they're shutting down meth labs. There's every kind

of illicit drug you can think of, that you hear about in the media. It's no

longer on the Mainland. It's no longer in the United States. It's no longer in

South America. It's all here. It's here in our province. It's here in our

community. Everything is here, there's no doubt about it.

It is a

concern, but part of the problem, which I didn't realize to be quite honest,

really came to light for me in the last couple of years in particular. I had

heard there were issues with prescription drugs, of course. You hear it, but I

didn't fully appreciate, I don't think, the seriousness of the prescription drug

issue until the last few years. Primarily, through people who have come to me.

Constituents and people in the region and so on, people in the province who have

come to me looking for help.

One of

the big issues around opioids is getting a doctor, and I was shocked. I'm sure

other Members have experienced this, where they've had people come to them that

were not what we would call drug users, but people who may have had a workplace

injury, people that may have had a surgery perhaps of some kind and went to

their physician and were prescribed an opioid, OxyContin or – what's the other

one? OxyNEO, I think is the newest one, which is not supposed be as addictive I

don't think – and other prescription drugs and got addicted to them, and kept

going back to the physician and kept getting refills and got more and more

addicted.

I've had

people who have come to my office seeking help. I've had people who have had

physicians who have dropped them as patients. I have people who have come to me

who have addictions. They cannot get a doctor. They said: I've called every

doctor in town, I cannot – the question they'll ask: Do you have a prescription

for opioids? If the answer is yes: I'm sorry, I won't take you as a patient.

That is

a big problem. That is a big issue. I don't know if other Members have

experienced it. I'm sure you have. I have. I couldn't believe it when I first

heard it. I actually called a few doctor's offices, asked the question: Are you

taking new patients?

Well,

the first thing you do is find one that will take new patients because it's hard

to get a doctor. I actually called a couple of offices where I said: Are you

taking new patients? The answer is yes. I said, okay, by the way, this

individual has a prescription for opioids. I'm sorry; we're not taking patients

if they have a prescription for opioids. So we have a big problem as it relates

to opioids and in getting the help that people need.

We know

there are things that we need to do to address it. I have to say that I was very

glad when government implemented the naloxone kits to save lives, because that's

exactly what it's going to do and probably has done already – save lives. There

are people dying from this, but there's much more we need to do.

We need

to address this issue of getting physicians for people with opioid addictions.

That needs to be addressed. We also need to create – legislatively,

resource-wise and otherwise – methods to help people with their addictions and

to prevent more people from getting addicted to prevent error, to prevent abuse

and so on.

This

piece of legislation is another tool in that tool box. It's not going to be the

be-all and end-all. Without a doubt, it's not. It's not going to prevent people

from taking opioids, it's not going to cure people who have an addiction, but it

is another tool in the tool box in the fight against opioid addictions.

For that

reason and the seriousness of it – and as has been said, people are dying here

in this province each and every year; too many lives lost because of opioid

addictions. It's because of that that I will certainly, as I said, be supporting

this piece of legislation. I certainly commend the government on this one for

taking action.

I've

heard that said over there that we are taking action. Action has to be taken and

it has to be taken now. I do agree. I agree with the government on that one. But

just because we're taking action, which needs to be taken, that doesn't mean we

just simply all stand up and say: Great job, guys. Let's have the vote now. We

won't even bother to speak to it anymore. We'll just go on through the motions,

have the vote, all those in favour, everyone is in support. Pretend that

everything is perfect and that there are no concerns and no issues. We would not

be doing justice to the process or to the piece of legislation if we didn't

raise concerns that we had.

I'm sure

a number of the comments that I will make have been raised, certainly, by the

Member for Conception Bay East – Bell Island and other Members. There are things

that, hopefully, we can get some answers from the minister when we get to

Committee of the Whole, and I'm sure we will. I would like to see a few

amendments, but if that – as I said, I hope it would happen. I'll put it on the

record. If it doesn't happen, well, it doesn't happen, but we still need to do

it anyway. We still need to do it.

The

concern I have with it, that has been raised, relates to the duties of the

minister. That's part of it. If you go through the legislation here under

section 4: the minister shall administer the program; the minister shall monitor

the prescribing and dispensing of monitored drugs; the minister shall evaluate

the effectiveness of the program; the minister shall provide information,

professional consultation and assistance to the regulatory authorities relating

to the prescribing and dispensing of monitored drugs; he shall monitor the use

of monitored drugs; and he shall educate prescribers and dispensers.

There's

a whole list of other things: to educate prescribers and dispensers regarding

the appropriate prescribing and dispensing of monitored drugs; educating

individuals on the appropriate use of monitored drugs; report to regulatory

authorities on new and emerging prescribing patterns for monitored drugs. There

are a whole bunch of things here that the minister is responsible for and there

are a whole lot of powers that the minister has here, including being able to

investigate and being able to go into a physician's office, investigate and look

at personal health records and everything else.

Now, the

minister said there were a couple of provinces – I think he said PEI and one of

the other provinces where that's the way they do it. That's fine. There are a

number of other provinces that have an actual board, if you will, of

professionals, independent of the government, that do that work. So, I guess,

one of the concerns or one of the suggestions that I think would be best: that

would be the model that we would use, that we would have the independent board

that would do that work.

Granted,

the minister – and in particular, the minister we have now – is a surgeon. You

can't question the man's credentials at all. He knows all about this stuff.

AN HON. MEMBER:

Hear, hear!

MR. LANE:

Absolutely, a very competent

man. That's not the issue.

The

point is that he may not be in that chair tomorrow. It could be somebody else.

Two years from now, five years from now it could be somebody else; who knows who

might be there.

It's not

questioning this particular minister's understanding and ability to do all these

things, but we have to remember that anybody could be sitting in that chair at

any given time. I think to have that independent committee with professionals in

place would be the way to go.

It does

say here in the legislation that the minister could have advisory committees. It

says the minister may – may – it doesn't say shall. That's an important

distinction. It says: “The minister may, in accordance with the regulations,

establish one or more committees to provide advice and recommendations on

matters relating to the administration and enforcement of this Act that are

referred to them by the minister.” In other words, a lot of these duties,

responsibilities and powers that the minister has in the legislation, he may

delegate to a committee. He may, but it doesn't say he shall.

It's my

understanding, in the briefing I had, that the intent is that there would be two

committees, Mr. Speaker. One committee is going to be an operational or steering

committee. This particular committee would look at specific concerns with

specific cases, whether it be with a patient, whether it be with a prescriber or

whether it be with the pharmacist. There's a term there. I forget the term

they're using, but the pharmacist, anyways.

Basically, as I understand it, the intent here would be that there would be a

person – there would be a body that would be kind of overseeing this, the Centre

for Health Information. As they're monitoring the information, if they see a red

flag, an obvious red flag, around a prescriber or a pharmacist, pharmacy, if

they have concerning information and it's obvious to them, they could directly

report that to the governing body, whether that be the College of Physicians, in

the case of a physician, or to the panel for the pharmacists – I think that's

the body. The body that would oversee and govern pharmacists in the province as

an example, or to the authorities if they had solid information there was

something that would be criminal in nature would go to the authorities.

But if

they were kind of unsure, then they would have this other committee, this

steering committee, made up of a pharmacist and a prescriber – would have to be

on this committee – that they could refer that specific case to and they could

do further investigation and determine as to whether or not they had to make a

report to a governing body over the physicians or the pharmacists, or whether it

should be referred to the police and so on.

That's

one committee. The other committee, as I understand it through the briefing, is

an advisory committee. This advisory committee would be made up of professionals

and stakeholders. Their role would not be to deal with a specific case or to be

called together when there's a specific case or concern; theirs is more of an

advisory role to look at the program overall, how it's working, is it effective,

should there be things tweaked and so on, to make recommendations to the

minister to make changes perhaps to the legislation or to the regulations and so

on.

That is

the intent, according to the briefing we received from the minister's staff and

so on; that's what this minister wants to do. It is what this minister has the

ability to do under the legislation, but it says he may do it. Another minister

may come in and say I'm going to scrap all of that; he may not do it. We

wouldn't know if he did it or he didn't do it, really, because once this is

passed and the regulations are written – and yes, it provides flexibility,

there's no doubt, but it also provides an opportunity or so on where things

could be changed. Perhaps things changed that Members of the House of Assembly,

if we were to discuss it, wouldn't agree with or the public wouldn't agree with

it or the governing bodies wouldn't agree with, but they can do it anyway

because it's all in the regulations.

That is

a concern that I think a lot of people have now. Now I have heard some

physicians – I listened to a media clip and I think it was the president of the

NLMA. He was talking about the fact that he didn't like the idea of this

inspector. He said that before you just send an inspector in, going to a

physician with the big stick, there should be other ways to deal with it.

I do

understand that through the process – and, again, I think through the

regulations the intent here would be that requests would be made to the

physician, requests would be made to the pharmacist looking for information, and

only when they don't get it they would take that approach. But again, it's in

their regulations.

Mr.

Speaker, I look forward to speaking to this again. I see I'm out of time. I will

speak again in Committee.

Thank

you.

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you.

I'd like

to adjourn debate on Bill 25.

At this

time, Mr. Speaker, I would like to move, seconded by the Minister of Natural

Resources, for leave to introduce a bill entitled, Status Of The Artist Act,

Bill 22, and I further move that the said bill be now read a first time.

MR. SPEAKER:

It is moved and seconded that

the hon. the Minister of Natural Resources shall have leave to introduce a bill

entitled, Status Of The Artist Act, Bill 22, and that the said bill be now read

a first time.

Is it

the pleasure of the House to adopt the motion?

All

those in favour?

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

All those against?

This

motion is carried.

Motion,

the hon. the Minister of Tourism, Culture, Industry and Innovation to introduce

a bill, “Status Of The Artist Act,” carried. (Bill 22)

CLERK (Barnes):

A bill, Status Of The Artist

Act. (Bill 22)

MR. SPEAKER:

This bill has now been read a

first time.

When

shall the said bill be read a second time?

MR. A. PARSONS:

Tomorrow.

MR. SPEAKER:

Tomorrow.

motion, Bill 22 read a first time, ordered read a second time on tomorrow.

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I would

call from the Order Paper, Order 6, second reading of Bill 24.

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Yes, Mr. Speaker, I move,

seconded by the Minister of Natural Resources, that Bill 24, Serious Incident

Response Team Act, be now read a second time.

MR. SPEAKER:

It is moved and seconded that

Bill 24 entitled, Serious Incident Response Team Act, be now read a second time.

Motion,

second reading of a bill, “Serious Incident Response Team Act.” (Bill 24)

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I am

extremely proud to stand here today in the House and begin second reading on

Bill 24, the Serious Incident Response

Team Act . It's something that's been talked about, both within government

and within the public, for some years now. So to be able to stand here today, to

be able to begin the substantive part of debate on this bill and to look forward

to the Committee stage, third reading and then passage of this bill, which will

ultimately lead to the establishment of a SIRT in Newfoundland and Labrador,

something that the public has asked for, the public has in fact demanded and we

will be delivering on that now.

Mr.

Speaker, there's so much I could talk about this and so much I could say. It's

something that – there are so many reasons why we are here today to talk about

it. One of the things I wanted to reference – and I usually don't speak without

notes, but I have a few points here that I've made because I think they're

important to this and I don't want to forget them as I get caught up in this

time that I have for the debate.

We're

very lucky, extremely lucky in this province, we don't just have one, but we

have two police forces that protect the people and protect public safety in this

province. We have the Royal Canadian Mounted Police and we have the Royal

Newfoundland Constabulary. Both come from different backgrounds.

Obviously, the RCMP is a federal force which we contract with to deliver

services in this province. The RNC is a force that has been in this province for

centuries now – a very proud, historic tradition. Their jurisdictions are

different. The RNC covers the Northeast Avalon, Corner Brook and Lab West. We

have the RCMP that covers off all of the area that is not referenced, but mainly

in this province they are a rural-based force. They have a great tradition in

this province.

When you

look at policing in general, police officers are one of the roles that carry

with it a great responsibility to people, and with that comes an elevated

stature in the community. I've always said that growing up in a small town, the

RCMP were members that I looked up to. In fact, police officers were often some

of the best volunteers in our communities. They made up some of the best

volunteers.

For

instance, we played a lot of hockey and the members who came to our area, mainly

from away, from other provinces, and they came and served our community, not

just in their job, but they worked with the members in the community. They are

partners in the community. They become a part of that community.

That's a

part of policing. Policing is being a part of the public. As I said in a press

conference that we did earlier today, the public forms an essential

part in

crime prevention, in public protection. The police forces rely on the public to

do their job.

Mr.

Speaker, I say this to you as someone who needs no explanation, someone who has

served this province and served formerly as a member of the RNC. You're someone

that doesn't need this explanation. You've done this service, so you certainly

know of what I speak.

We look

at our police and we look at the duty that they have. I mean it carries with it

a serious responsibility. They come with an elevated position. They are held to

a different standard, as are many.

We've

had debates in this House in the last little while where we talk about the

different standard to which public servants, specifically Members of the House

of Assembly or city council or MPs, are held to a different standard. You know

what, that's been common throughout this province and others when we look at

certain positions where we have public trust, including the clergy, when we look

at teachers. There's a trust there. There's a fiduciary duty that we hold to

those people that we represent and policing carries with it one of the higher

ones.

With

policing, not only are they charged with protecting public safety, but they also

have the extraordinary power of withholding peoples' rights in the course of

their duty. It is only police that can deprive me of my liberty for being

accused of a crime. That's part of it.

That's a

serious, serious task. To know that they have this responsibility, that's

something they carry with them. It's drilled into them from the first day they

walk into their training, and it's carried with them right up to the day they

walk away from the force. You know what, it doesn't even leave then. Once it's

there, it's always there.

We're

very lucky in this province that we have a great history of policing, of police

involvement. Every day you can see what our police are doing out there in the

community, whether it's their job. I've been extremely lucky, as well, that in

the course of my duties in this department, I've gotten to ride along with

officers, of both police forces, to witness what they do on a day-to-day basis.

Again,

it staggered me how important it was and that was just on, say, one shift.

Imagine seeing what they do every single day. I didn't witness some of the

traumatic things that they have to witness, to experience and to deal with, but

I do have a certain appreciation. I've visited the training grounds for the

RCMP, their academy, to watch what they do. I have a very, very close

relationship with our policing forces, whether it's the RNC here.

We're

very lucky in this province to have two great leaders of our policing forces,

both of whom are fairly new to the position. Whether it's Peter Clark, who's the

assistant commissioner of the RCMP B division – he is the commanding officer for

the RCMP in this province – or whether it's Chief Joe Boland, newly minted chief

of the RNC, they're doing a tremendous job. We have utmost faith in them and

we're very lucky to have people of their calibre leading our forces here in this

province.

As I've

said, in order for the police to be effective in their jobs, for them to

safeguard the public, you cannot do this unless you maintain public confidence.

It is absolutely critical that the public be confident in the men and women that

are charged with the job of protecting them and of policing. It's an important

key source of information and we need that co-operation. You only have to speak

to any officer and they'll tell you that if they have a public that doesn't

trust, then it closes down the avenues of information. That's what they need to

go out and do their job.

There's

a gentleman named Sir Robert Peel who's known as the father of, basically,

modern policing. He started up the metropolitan London police back in the late

1820s, I believe. He was one of the architects of the principles of policing.

One of those was that the ability of the police to perform their duties is

dependent upon public approval of police actions. I concur with that

wholeheartedly, Mr. Speaker. I completely agree with that.

With

this great responsibility, with this great power – and I would point out, as has

every other province and territory, as every state, just about every country,

any country in which there are police forces – we've, unfortunately, had

situations where there are accusations of police being involved in wrongdoing,

whether intentional or unintentional.

The fact

is, as I've said before and I'll say it again, even though there are a lot of

times where I think the police are superhuman and I compare them to superheroes

– where we run from danger, they walk to it, they run to it – the fact is they

are human. Just as there is not a profession out there that hasn't had a member

do something wrong or be accused of doing something wrong – lawyers, teachers,

doctors, politicians, you name it – there have been people that have done wrong,

that have contravened their code. Police officers are no different. They are

human. I'm happy to say that the vast, vast, vast majority never come close to

that, but sadly there are times, isolated in nature, where it does happen. When

it happens in policing, it undermines the public's confidence.

The

issue that we've dealt with – and it's evidenced by the fact that what we are

doing today in the creation of a civilian oversight independent team is already

in British Columbia, Alberta, Manitoba, Ontario, Nova Scotia. This is evidence

of the fact that it's happened elsewhere. We're catching up. We are catching up

and putting ourselves where we need to be.

This is

not something new, but in the recent past we have had some very high-profile

accusations and incidents of a negative nature involving police. The question

becomes – the phrase that is used is blue-on-blue investigations, police

investigating police. Unfortunately, I've always said that sometimes in this

case, as it is in politics in general, perception is reality.

The

police can investigate, in some cases, on their own and they do a fine job, but

the perception is that there may be favouritism, that they might not investigate

as onerously as they should. Whether that's true or not, the perception is

reality. We cannot allow that because allowing that does not put the public at

ease, it does not strengthen public confidence. That we cannot allow because

that, in turn, affects negatively the ability of police to do their primary job,

which is to preserve public safety.

That's

why we here today are dealing with and debating the creation of a civilian

oversight team, because when this happens – and we've seen it happen in the past

in a very, very public manner. In fact, it's consumed the public's attention.

Even in just the last number of years, we've had incidents where it is the top

issue of the day for the public. It's something that in my almost two years in

this position I've dealt with very, very regularly.

That's

why we're going to eliminate any negative perception. We're going to eliminate

any chance that people might look at the investigation as being biased. We're

going to take steps to preserve, enhance and strengthen public confidence in

their police services.

I'm

going to get into this. I've had some people say: Well, why do you need this? To

that I say: I hope you will read what I just said. I hope you will go back and

listen to what I just said, but do you know what? I've had members of the public

come at me, whether it's in an airport or at a hockey rink or at a grocery

store, and talk about this.

This is

important to me, too, because it's one thing to bring this in – the general

public is supportive of this, this I know. I got off an airplane here in St.

John's one day, and as I was waiting for my luggage I had an individual approach

me. The individual knew who I was, perhaps from seeing the news. This is when

civilian oversight was in the news regularly. This individual said – first they

identified themselves and said, you know what, I'm police. I said: Well, thank

you, firstly.

The

second thing they said struck me. They said: I want civilian oversight. The

reason I want it, this person said, is because I know I do a good job and I want

the public to trust and know that I do a good job. That is the overwhelming

feeling of police officers.

This

bill we have here today, this concept of a SIRT, is supported by our police

forces. It is supported by the women and men who do this job because, as I've

said, we will not allow the actions of the very few to tarnish the positive

actions of the many, and many, the most – the majority of officers are doing

great work out there. We are so very fortunate to have them.

This

allows us the opportunity to ensure that when one goes astray, there will be an

investigation to preserve public confidence and at the same time these officers

know that they will not be negatively affected. A person doing their job is not

going to be in any trouble. It's supportive of this – we all are.

Again,

if I haven't already said it, and I say it every chance I get, thank you. Thank

you to the men and women who do this job. We can't say it enough. We should be

saying it every day. One only has to witness – there was a recent story in the

news about how that job – there are times when we think we have a tough job

being in the public eye, and then you look at what these people deal with and

the effect it has on them. It is absolutely amazing, the circumstances and

situations that they are in and they continue to do the job.

We all

know this is a valid concern. It's a real concern. We've seen it here. So we

announced a couple of years ago that we would bring in civilian oversight. The

bill we have here today will lay out what we want to do with civilian oversight.

What I'm

going to do, it is Bill 24. I would say that Members of the Opposition have had

an opportunity to be briefed on this and to ask questions. The media was briefed

on this today. I think that's very important, the opportunity to go through

that.

What I'm

going to take an opportunity to do is to hit some of the highpoints and to talk

about them and maybe why we chose to do what we did. I will also say, I've also

had the benefit of speaking with every SIRT director in the country. In fact,

I've had every one of them in my office. We've done this with the benefit of

speaking to the men and women, the civilian directors of these forces. They told

me the pros, the cons, the shortfalls, the lessons that we've been able to learn

prior to doing our own because some jurisdictions have made mistakes that affect

them to this day.

We've

also employed the use of some of these forces right here. We've had Alberta SIRT

here and we've had the SIRT from Nova Scotia led by Ron MacDonald here in this

province doing work. We benefited from their expertise, from their work just in

doing the actual investigation, and we've benefited from their expertise in the

work in drafting up this legislation, which I think is a very strong piece of

legislation, but also flexible enough to cover off future circumstances which I

will get into now as I continue through.

Some of

the features that are found in this particular legislation is that we look at

the mandate, and the mandate covers all matters including “… death, a serious

injury, a sexual offence, domestic violence and” – this is the catch-all here,

which is important – “other matters of significant public interest that” may

have arisen from actions of any police officer in Newfoundland and Labrador.

That's

pretty comprehensive. Any one of those is a serious issue, but if something is

to arise that's not thought of, we have the last part which is a catch-all

selection that will allow us to make sure public interest is protected. Not

every province has that wide a mandate. Some have less than that. We feel that

what we've dealt with here in this province and what we've seen when we looked

elsewhere, this is an adequate means to catch this. Not everything is

investigated by SIRT, but these are all matters of significant public interest

that need to be looked at.

SIRT

applies to RCMP and RNC on duty and off duty. It applies to them all the time.

It also applies to anybody that's acting as a police officer while here in the

province, which is something that happens regularly. People come from other

provinces; while they're here they're subject to our law.

Three,

SIRT will be responsible to the minister for certain aspects such as budget;

however, the team will be operationally independent. In other words, I can't

tell SIRT to do an investigation or how to conduct it and I'm certainly not

going to be able to influence the outcome of an investigation.

Similar

to the police – this is a misconception that's sometimes out there. I don't tell

the police how to do their job. There's no political interference with the

police. How can we allow any politician of any stripe, especially one who's

never been a police officer, to tell the police how to do their job? I don't

tell them. They're operationally independent.

We deal

with the budget side, as we should. That's a prerogative of governing. But when

it comes to the work, we work with them and they tell us what they want to do.

There are times when they'll say this is a new approach that we want to take.

That's excellent.

The same

thing when it comes to SIRT. I'm not going to tell them how to do their

investigations and I'm certainly not going to influence, nor is any politician

going to do that. They're going to do the job and do it right because that is

what the public demands and that will ensure the public confidence.

This is

an important part. The concept of this is that it's not police on police; it's

civilian independent oversight. That's why the director, whoever is hired as the

director, can never have been a police officer. That's important. It is not the

case in any other province in the sense that nobody else has had a police

officer do this job, nor should you. In many cases it's a former Crown

prosecutor or somebody who has a legal background.

That's

something that we'll be looking forward to because, after this, the next steps

are the hiring phase, the finding of the director, finding the other

investigators, finding the admin staff. That will form part of it. We want the

best person for this position.

The term

will be five years with the ability to be appointed for another term of five

years. Appointments will generally be for five years with lesser terms being

used to allow flexibility in the appointment, in the event that a director from

another jurisdiction is hired.

We've

actually seen that. The director in Nova Scotia, someone that is familiar to us

in this province, is Ron MacDonald. Ron MacDonald has now taken on the job of

leading BC's SIRT. Once you get into it, it's a very specific level of expertise

and it's in demand, so we have that flexibility there.

This is

the second part, of which there are some questions. Investigators can be

ex-police officers, seconded police officers or civilian investigators. Before

anybody gets going and says: Well, my God, how can you do that? Remember, these

are investigators. You can't put somebody in who does not have an investigation

background. They have to have that ability and that's most often found with

police.

Another

thing to put out there to people, this is what is done in every other province.

So it might be somebody that comes who is retired; it might be somebody with an

investigation background, maybe in the military. It's amazing; I've had

interests come to me in the last year, people hearing about it that are there,

so I look forward to this process. The more people that apply, the better; the

best force we can get is what we all want.

But we

are prepared to have seconded police officers. In fact, there's the likelihood

that there will be one seconded from the RNC and one seconded from the RCMP.

Once they are seconded, they work for the civilian director. They don't answer

to the police forces.

That

question was brought up in the technical briefing of the media: How does that

work when they end up going back to their police force? What we've been told by

other forces is that is, in many cases, a badge of honour. To be seconded is

sought after; it's something that's looked upon favourably. And if it's the case

in other provinces, I'm very certain that it will be the case here. The most

important thing is we want the expertise and we want that background to be able

to investigate.

We will

also be hiring – obviously, there will be administrative staff. In BC, they have

one difference. In their case, they said you cannot be hired if you were a

police officer in the previous five years. What's happened in BC is that they've

had trouble hiring; they've had that issue.

I don't

mind saying – and this comes to me directly from the individuals that led BC –

BC had trouble from the get-go. They had trouble from the day they started,

because (

a) they didn't get it right when they started; they rushed it. That's

not something we are going to do here. We have learned from the mistakes of

others. This is not us picking on BC; this is self-admitted by BC. We're lucky

to have that. They were so gracious to tell us this. So we've learned from that

and certainly that's not something that's going to be rushed.

When we

talk about the creation of this team – this is just the legislation; the team

comes next. I'm hoping to see it done within six to eight months, but as I said

today, and I'll say it again in this House, we're not going to rush it. It's one

thing to do it and it's another thing to do it right, and we are going to do it

right. So if it takes more time, we'll deal with it; if it gets done quicker,

even better. But again, the creation and the composition of this team are as

I've described.

For the

purposes of the act, they will be deemed peace officers to allow them to do the

duties that they do as investigators. SIRT will have a broad, discretionary

power to investigate with the ultimate decision to investigate or take over an

investigation or refer to another agency. That's all left to the director of

SIRT. So they can take it over, they can refer it out, they make the decision –

that's what we need. So that's an important classification there.

I would

suggest that as we did this, there was a jurisdictional scan done across the

country of other SIRT legislation. So I think we've assembled the best piece

here based on what we've seen elsewhere, based on our specific province and

based on conversations and experience from the other jurisdictions. It's not

just looking at their law; it's talking to them. How is it this way? Why is it

this way? Would you do it the same or would you do it different? So I think we

have a strong model here proposed by our legislation.

SIRT

will have the ability to enter into agreements or arrangements necessary to

allow it to discharge its duties. This is where they are allowed to create MOUs

with police forces for the provision of specific services such as forensics,

such as securing scenes. They have the ability to do what's necessary to make

sure that the investigation is done properly.

With the

agreement of the minister, SIRT will have the ability to conduct an

investigation or do oversight in another jurisdiction. This comes back to one of

the issues that is outstanding and that remains: Will we have a Newfoundland and

Labrador SIRT or will we have an Atlantic model? That decision has not been

made, but this act is structured in such a way to allow us to go either route.

Now, we

know that the recommendations from the Dunphy inquiry by Justice Leo Barry,

Recommendation 5, were that we do an Atlantic model. I think the reason that we

would do that, and why I certainly think it's favourable, is because it allows

for economies of scale, it allows for us to be more efficient and it allows for

the sharing of resources. Officers from here can go elsewhere and vice versa,

and that's what this

section allows as well.

I'd like

to see that happen. I look forward to speaking with my counterparts again. We're

not closed to any idea. It might be a Newfoundland and Labrador/Nova Scotia

model. It might be an Atlantic model. It could be just a solely provincial

model. We're going to make the best decision based on what we can control and

what we can work out with other jurisdictions. These are all factors that play

into this.

Both

provincial police forces will be required to notify SIRT of incidents that may

fall within its mandate. SIRT also has the power to start its own investigation.

So we're saying to the police forces, specifically to the chiefs, as soon as you

know, as soon as it's practical, you need to notify SIRT ASAP, but SIRT also has

the ability to come in on its own and say we're going to do this. They can also

take referrals from the public or from the minister. The final decision on

whether to investigate or not is at SIRT director discretion.

If we

see something that's an issue, we can report it. If you see something that's an

issue, you can report it. If the public out there sees something that's an

issue, they can report it. At the end of the day, the civilian director will

make that decision.

Now,

this is an intricacy that is not seen in every other jurisdiction. I think it is

one that is extremely important, and it comes from that experience that we've

gathered from working with the other provinces. The SIRT director here will

consult with the Director of Public Prosecutions, will consult with the Crown,

on whether a charge should be laid in relation to the actions of a police

officer who is the subject of an investigation. If the charge is laid, SIRT

turns it over to the Crown.

What has

happened in other provinces is that SIRT did not consult with the Crown. They

lay a charge, and after the Crown looks at it the Crown says we have no

reasonable likelihood of conviction. It's very clear that the Crown cannot

proceed with any case against anybody if there's no responsible likelihood of

conviction. So instead of doing that, which we've seen happen elsewhere, which

can be quite embarrassing – again, this is the value of the advice being

provided to us – SIRT director says I'm laying a charge; the Crown Prosecutor

says, no, I can't do this.

Where do

we go? In our province, SIRT will consult with the Crown. Now, the ultimate

discretion is the SIRT director's, but it's much better to do this in

consultation with the Crown, with the Director of Public Prosecutions – in this

case right now, Ms. Jennifer Mercer, QC – to say, where do we need to go with

this? Again,

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2017-11-16
Typehansard
Volume / chapter2017-11-16
Languageen
Formathtm
SourcePROVINCIAL
Identifiereca0e28916c44363d7273fc5f22d144d0eb590b5

Source file is stored in the law ingest library (htm).