Newfoundland and Labrador Hansard — Statements by Ministers — 17 November 1997 (43rd General Assembly, 2nd Session, Vol. XLIII No. 31)

1997-11-17

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Statements by Ministers — 17 November 1997 (43rd General Assembly, 2nd Session, Vol. XLIII No. 31)

1997-11-17

Newfoundland and Labrador — Debates (Hansard)

November

17, 1997

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLIII No. 31

The House met at 2:00 p.m.

MR. SPEAKER (Snow): Order, please!

The hon. the Government House Leader.

MR. TULK: Mr. Speaker, I understand that before we move

to Statements by Ministers, the Premier wishes to pay tribute to an outstanding

citizen of this Province.

MR. SPEAKER: Does the hon. the Premier have leave?

SOME HON. MEMBERS: Agreed.

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Thank you very much, Mr. Speaker, and I

want to thank the members opposite for giving me leave.

Today, I rise in the House to pay tribute, Mr. Speaker, to

one of the most colourful and most effective politicians who have ever served

the Province of Newfoundland and Labrador, and may I say as well, that the hon.

Jack Pickersgill was one of the most social- minded people in public life ever

to serve this Province.

Mr. Pickersgill, together with the hon. Joseph R. Smallwood,

worked to bring the Province of Newfoundland and Labrador into the country we

proudly call our own - Canada.

Mr. Pickersgill was born at Wyecombe, Ontario in 1905 and

became one of our Provinces most prominent adopted sons. Just as we adopted

Canada with great enthusiasm and passion so, too, did Jack Pickersgill adopt us.

He served this Province as the Member of Parliament for

Bonavista-Twillingate from 1953 to 1967 and as Newfoundland and Labrador's

representative in the federal Cabinets of four Prime Ministers.

One of Mr. Pickersgill's most outstanding achievements was

the development of an employment insurance program for fishermen. And I want to

quote Mr. Pickersgill: "Of all the things I have done," - and indeed his

achievements were legion - he once said, `what mattered the most was my

connection to Newfoundland," and he referred with great pride to his ability to

have found a way to have given fishermen, seasonal workers, unemployment

insurance.

Mr. Speaker, I know I speak for all the members of this

House, and indeed, for all the people of Newfoundland and Labrador, when I

extend our deepest thanks, appreciation, for a public life which contributed so

much to this Province and I extend, as well, our sympathy to his wife Margaret,

and to his children, Peter, Allan, Ruth and Jane of Glovertown.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

I, too, join with the Premier in certainly paying tribute to

an individual who has devoted a considerable portion of his life to serving

people here in this Province, and certainly we send our deepest regrets to the

family of the late Mr. Pickersgill.

Thank you, Mr. Speaker.

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

Vidi.

MR. HARRIS: Thank you, Mr. Speaker.

I would like to join with the Premier and the Leader of the

Opposition in paying tribute to the efforts of Jack Pickersgill. As

representative of Newfoundland in the federal Cabinet, he was very effective. We

Newfoundlanders have always needed good and effective friends in Ottawa and Jack

Pickersgill certainly played a significant role in the development of the

Province.

I wish, Mr. Speaker, that we were making the same progress

these days, in terms of meeting national standards for income and quality of

life that we were meeting in the days of Jack Pickersgill. Condolences are

offered, of course, to his family. His son Allan was a schoolmate of mine at

University here in Newfoundland. The family, of course, will be having their own

remembrance of Mr. Pickersgill but he should also be well remembered by all

Newfoundlanders and Labradorians.

Thank you, Mr. Speaker.

Statements by Ministers

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

MR. TULK: Mr. Speaker, it is my pleasure to stand before

my hon. colleagues here on opening day to put forward the government's program

for the sitting of the House of Assembly. We have a full and important slate of

issues to deal with and I want to assure the hon. members that the House will be

open on a regular basis to address those matters. There will be ample time for

debate of the issues and I am sure there will be lively and productive

discussion on all matters.

Mr. Speaker, this government has shown great flexibility in

opening the Legislature to deal with important issues. I want to assure the

House today that when Term 17 -

MR. FITZGERALD: (Inaudible). The House Leader is having

(inaudible), Mr. Speaker.

MR. SPEAKER: Order, please!

MR. TULK: Mr. Speaker, this government has always shown

great flexibility in opening the Legislature to deal with important issues. I

want to assure the House today that when Term 17 is passed by the Federal

Government we will ensure that the new Schools Act is passed in a timely fashion

so it may be implemented for the new school year.

SOME HON. MEMBERS: Hear, hear!

MR. TULK: I would like to take a few moments, Mr.

Speaker, to highlight some of the bills which will be introduced in this

sitting. We will introduce a number of important bills regarding justice issues.

A bill to amend the Human Rights Code to prohibit sexual orientation as a

grounds for discrimination will also be introduced. We will also seek to amend

the Family Law Act, which will allow us to create provincial child support

guidelines consistent with the federal guidelines implemented earlier this year.

Further legislation will permit the appointment of an additional judge to the

Unified Family Court.

Mr. Speaker, a substantial number of bills having to do with

the financial affairs of the Province will also be brought forward. Among those

are bills which deal with the Public Service Pension Plan and Memorial

University Pension Plan. In addition, important measures such as amendments to

the Income Tax Act which will provide a tax credit for lower income individuals

will be addressed. This action was announced in the Budget and it is hoped we

may deal with this issue in a timely fashion so as to have credit cheques in the

mail before Christmas.

We will also deal with several important pieces of health

legislation, among which is a bill that will allow nurse practitioners to

perform their duties and another which will permit the transfer of community

service functions from the Department of Human Resources and Employment to the

community health boards.

From the Department of Environment and Labour, we will

introduce legislation to deal with the recommendations of the Morgan Cooper

report and outline an appropriate labour relations regime for the offshore oil

industry. In addition, we will seek amendments to the Shops' Closing Act.

As you know, Mr. Speaker, the Federal Government has

committed $340 million for the Labrador Transportation Initiative. We intend to

introduce legislation that will establish a trust fund to receive these federal

monies and which will ensure funds are available for this fiscal year.

In the area of Fisheries and Aquaculture, we will present an

amendment to the Professional Fish Harvesters Act which will ensure that

individuals connected to the industry have the right to be heard regarding

decisions of the Professional Fish Harvesters Certification Board.

As always, Mr. Speaker, this government is committed to the

protection of the environment for future generations. That is why we shall

introduce amendments to the Wilderness and Ecological Reserves Act to provide

for provisional reserves and give authority to enforce the Act.

A number of bills have originated from the Department of

Government Services and Lands, one of which will give electronically filed

information the same legal authority as information filed on paper.

Mr. Speaker, these are just a few of the bills which we

intend to address during this sitting of the House of Assembly. In fact, we hope

to give Notice of Motion on many of these bills today and with the concurrence

of members opposite, we will do first reading. We hope to deal with the business

of the House in an expeditious fashion and to fully debate these issues in a

productive manner for eventual passage.

Mr. Speaker, esteemed colleagues, I look forward to this

sitting of the House of Assembly, and I am ready to get down to business at

hand. Thank you.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. H. HODDER: Thank you, Mr, Speaker. I'm very pleased

to be able to welcome the members back. We have been awaiting their arrival for

some weeks. We expected them to be here by mid-October. We are pleased to see

them back, but when I look at what the House Leader on the government side has

put forward here today, I look for things to address the real issues.

Out-migration. I want to see what you are doing to municipalities. We talk about

an ecological reserve. I want to tell the House that if you are living outside

the overpass that all outside the overpass falls into the category of endangered

species.

SOME HON. MEMBERS: Hear, hear!

MR. H. HODDER: Mr. Speaker, I just want to say to you, we

came here to address the real issues. What is happening out in school board

number five with the pending lay off of another seventy-five teachers? We want

to know the real things, the real issues. Where are the jobs? We want to know

when the promise of a better tomorrow is going to arrive for Newfoundlanders and

Labradorians. We hear the Minister of Municipal and Provincial Affairs in

Gander, carried in yesterday's paper, saying to people: Boy, if you think things

have been tough, they are going to get tougher. That is what we are coming here

to now. We are coming here now to make things tougher for Newfoundlanders and

Labradorians.

That is what we have here today. If this is all you can

offer, then I tell you, you haven't been doing much homework over the last six

months. Thank you very much.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the hon. the Member for Signal Hill -

Quidi Vidi have leave?

SOME HON. MEMBERS: By leave.

MR. SPEAKER: By leave.

MR. HARRIS: Thank you, Mr. Speaker. I welcome the opening

of the House. It allows us to debate the important issues of the day, and it

certainly also allows candidates for the leadership of the Progressive

Conservative Party to show their stuff, so we should have a very vigorous

session of the House. Mr. Speaker -

AN HON. MEMBER: You showed your stuff (inaudible)!

SOME HON. MEMBERS: Hear, hear!

MR. HARRIS: Mr. Speaker, what is absent from the

legislative agenda in the speech from the Government House Leader is the

significant changes to the Workers' Compensation legislation that were brought

in and recommended by the report of the statutory review committee that were

going to significantly improve the position of injured workers in this Province,

and restore some of the dignity that was taken away by them by this government

some years ago. That is absent from the legislative agenda of the minister.

I don't hear the government speaking out on behalf of the

poor people of this Province who are day in day out having their children go to

school hungry.

I have not heard about a school lunch program being promoted

by this government. We will hear about that day in and day out.

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. HARRIS: But I am glad to have this open so that we

can bring these issues to the forefront.

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

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: Thank you, Mr. Speaker.

I am pleased to present to this House a mid-year report on

the Province's finances for the fiscal year 1997-98.

In March, the government presented a three-year fiscal plan

in its 1997 Budget. This was the first plan of its kind in the Province's

history. It was intended to bring stability and predictability to the Province's

finances, end mid-year budgetary adjustments -

MR. SPEAKER: Order, please!

MR. DICKS: - and create a climate for job creation and

economic growth.

Today, Mr. Speaker, I am pleased to report that the plan is

working. This year, for the second time in a row, there will be no mid-year

budget adjustment.

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: There will be no unplanned downsizing. There

will be no pre-Christmas lay-off of public servants.

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: Mr. Speaker, let me review what was said in

the Budget and the progress we have made.

Our revenue forecast has been accurate and has improved

somewhat since budget time. Our expenditures have increased primarily in the

fields of health care and the educational systems. We will, however, meet our

budgetary targets.

The provincial economy has performed better than forecast.

Employment increased by 0.5 per cent between January and October of this year

over last year. Employment increased in October alone by about 6,300 jobs.

More than 2,000 new jobs in the fish processing sector added

a much needed boost to parts of rural Newfoundland, reflecting the reopening of

the cod fishery in certain parts of the Province, increased crab and shrimp

quotas, and the allocation of a shrimp quota to the inshore fishery for the

first time ever.

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: The Harmonized Sales Tax has had a substantial

impact on retail trade in this Province. Sales were up 6.1 per cent in the

January to August period this year over last.

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: As a result of these improvements, the

provincial economy will decline by 1.6 per cent rather than the 2.7 per cent

decline forecast at budget time.

Mr. Speaker, during the last provincial election we

acknowledged that these years, 1996 and 1997, would be difficult years for the

Province and for our provincial finances. We believed the economy would improve

after 1997, with strong economic growth in 1998 and beyond. Most of this growth

will come from major resource projects and developments. However, increased

employment and commercial activity will not immediately increase provincial

government revenues. Royalties from resource projects in particular are delayed

until major development costs are recovered. We must therefore continue a

careful and cautious fiscal approach since the direct benefits to the Province

from our large resource projects are still some time away.

While we can and do take heart from these economic

improvements, we cannot be foolish and spend money which has not yet accrued to

the treasury. We must keep our expenditures in line with our revenues.

Mr. Speaker, we are confident in the future of our Province.

Our plan to restore fiscal stability is working,. Our economy will improve

substantially and our people will enjoy greater opportunities for economic

growth and employment. For our part we must stay on track and create a positive

economic climate in which businesses will flourish and jobs be created. We are

committed to growth. Today's statement demonstrates that. Through careful

planning we are keeping that commitment. Our plan is fair, reasonable, and most

importantly, effective. Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: Thank you, Mr. Speaker. No wonder this

Province is in trouble. A three-year plan, two little pages in a budget talk

about a three-year plan that has no detail, no programs, no direction. The

Minister of Finance and Treasury Board thinks we have a fiscal plan for our

Province? I say there is something drastically wrong when we are spending more

on legal bills and lawsuits than we are spending on seniors who are being

starved to death here in the Province.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: He stands and has the gall to tell us we do

not have a midyear correction, when they put a cushion of $30 million

contingency reserve fund into the Budget to allow for those legal bills, yes,

and other pending costs. It is little consolation, I say to the Minister of

Finance and Treasury Board, that 7,000 people left our Province in the last

year. They are the people you should talk to about an improvement in the

economy. To stand here and to tell us they are happy, things are improving

because their decline is only 1.6 per cent? I mean, a government that is

satisfied with any type of decline is a government that doesn't care about the

future of people in our Province.

SOME HON. MEMBERS: Hear, hear!

MR. SULLIVAN: The minister must realize that there are

16,000 less people working in this Province today -

MR. SPEAKER: Order, please!

The hon. member's -

MR. SULLIVAN: - than when the Liberals came to power.

MR. SPEAKER: Order, please!

The hon. member's time is up.

SOME HON. MEMBERS: By leave!

MR. SPEAKER: Order, please!

The hon. member's time is up.

SOME HON. MEMBERS: By leave!

MR. SPEAKER: Does the hon. member have leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: By leave.

MR. SULLIVAN: Mr. Speaker, if 16,000 less people working

is a sign of progress, 16,000 in the Province today, the gateway - this Province

is open one way. If that is progress here, this government has a job to do. It

has to reassess its priorities and to look forward to giving us a fiscal plan

that is going to serve us well into the 21st century.

Thank you, Mr. Speaker.

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

Vidi, does he have leave?

SOME HON. MEMBERS: No leave.

MR. SPEAKER: No leave.

Oral Questions

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

MR. SULLIVAN: Thank you, Mr. Speaker.

My questions today are for the Premier and they deal with

Voisey's Bay.

The Premier seems to be fast tracking everything but changes

to the mineral and mining tax legislation, the one thing that will affect every

person in Newfoundland and Labrador.

I want to ask the Premier: if he can tell the people of the

Province today, why he has not brought amendments to this act into the House of

Assembly?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

MR. FUREY: Mr. Speaker, we are currently developing a new

tax act that will ensure that the Province receives a fair share in a very

competitive environment.

Mr. Speaker, we have all heard of the one year delay with

respect to this project. This government is reviewing all of our options; we

have hired some expertise around the world. When we bring this bill forward, we

have plenty of time, it will be the right bill, rather than a rushed bill.

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

supplementary.

MR. SULLIVAN: Thank you, Mr. Speaker.

It is not

an act they are developing, it is

an act that they

are putting on, I say to this House. We have been promised for three sessions

now that we would see this legislation.

Is the Premier aware that taxes fall within the jurisdiction

of the Minister of Finance and I ask him how much longer can we expect the

Province to wait for this legislation?

MR. SPEAKER: The hon. the Minister of Mines and Energy.

MR. FUREY: Mr. Speaker, he is quite right that this falls

within the ambient of the Minister of Finance, but it is also something that has

to be discussed with the Minister of Mines and Energy. There are a whole range

of complex issues. Ultimately, when the bill is tabled, it will be tabled

through the Department of Finance.

We have hired experts from around the world to give us the

best advice possible. There are a whole range of complex issues that have

entered into this equation, Mr. Speaker. Issues such as: how much will be paid

to the aboriginals, will there be off sets, what about the industrial benefits

agreement and impact benefits agreement that the company is negotiating,

equalization, a whole range of issues? This is not a simple issue. It is a very

complex issue and when we bring this legislation forward, it will be good

legislation rather than rushed legislation.

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

supplementary.

MR. SULLIVAN: Thank you, Mr. Speaker.

Could the minister tell us who the experts are that are

providing the advice to government with this new legislation because I remember

back two years ago when the former Premier met with people, so called experts,

and brought legislation that he tabled here in the fall of 1995. Can you tell us

who the experts are that are giving advice now on tax legislations in this

government?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, once again the Leader of the

Opposition is campaigning to maintain the current bill, which would give an

unacceptable tax holiday to Inco. We are not prepared to give Inco a ten year

tax holiday for a one day tax holiday, and I know that the Leader of the

Opposition has nearly exhausted himself, suggesting that this holiday be

maintained.

Mr. Speaker, nobody, by the way - as I understand, all

parties of the House supported the bill when it was brought forward, the current

bill. The Leader of the NDP says he did not support it, but all of the

Conservative members did I believe, but nobody could have anticipated a find

like Voisey's Bay and the fact that there is a Voisey's Bay development and

there is a Voisey's Bay find, requires prudence and caution and care in drafting

a bill and that is what the Minister of Mines and Energy is saying and may I say

as well, that I certainly welcome, as I am sure many other readers of the

Evening Telegram did, welcome the sensible advice contained in an editorial

in the telegram a few days ago. When the editorial pointed out, that now that we

have the framework for an agreement in principal on the LIA Land Claims

Agreement, now that we are moving forward to fast track the negotiations with

the Innu, Mr. Speaker, prudence requires, we take our time on the mineral and

mining tax regime and get it right.

Mr. Speaker, we intend in this matter, because generations of

Newfoundlanders will be affected by it, we intend to be prudent, careful and do

our job right.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: A supplementary, the hon. the Leader of the

Opposition.

MR. SULLIVAN: Thank you, Mr. Speaker. So I gather The

Evening Telegram is now dictating legislation for our Province. I got it

from the Premier, that's his advice. (Inaudible) experts that he is going to

tell us.

Now Inco purchased Voisey's Bay from Diamond Field with a ten

year tax holiday on the books. Yes, that the former Liberal government put in

and we have been calling to have changed. Now can the Premier guarantee that

amendments to the mining and minerals tax rights legislation would stand up to a

legal challenge by Inco and has the Premier sought and received a legal opinion?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, the people of Newfoundland

and Labrador should take note that we now have the extraordinary circumstance of

the Progressive Conservative Party of this Province advocating that the

Government of Newfoundland and Labrador has a legal obligation to give a ten

year tax holiday to Inco.

Now, Mr. Speaker, I notice that the Leader of the NDP is not

associating himself with this policy position because I can tell the Leader of

the Opposition, we are going to wipe out the ten year tax holiday and we

challenge him to support the government in its efforts to ensure a full return

of the benefits to the people of Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: A supplementary, the hon. the Leader of the

Opposition.

MR. SULLIVAN: Thank you, Mr. Speaker.

The question did not sound complicated, Mr. Speaker, I am

surprised that the Premier did not understand it.

MR. J. BYRNE: I am not surprised.

MR. SULLIVAN: I said I am surprised; I have to give him

that much credit. It probably went over his head.

I ask the Premier, can he really guarantee and assure the

people of this Province that he is in control of the Voisey's Bay project? Now

why is the Premier afraid to tell Inco what the minerals are worth? I ask the

Premier: At what business school did he learn to let the customer set the price?

I ask him, will he admit today that Inco and Voisey's Bay officials are pulling

his strings and making decisions that are best for Inco to the detriment of the

people of this Province?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, I have to say to the Leader

of the Opposition, he can repeat it until he is blue in the face, the fact of

the matter is we on this side of the House reject the proposition that Inco is

entitled to a ten year tax holiday. We reject the assertion by the Leader of the

Opposition that they have a legal right to a ten year tax holiday and we put the

position that there will be no ten year tax holiday for Inco or for Voisey's Bay

Nickel. There will be a full share and a full share of the benefits both in

royalties and in jobs and in opportunities and in procurement for the people of

Newfoundland and Labrador and as we have always said, if that is not the case

there won't be a development with Inco or with anybody else. We are going to

insist upon the full benefit for the Province, no tax holidays for anybody, no

matter how many times the Leader of the Opposition makes the case on behalf of

his friends at Inco.

MR. SPEAKER: The hon. the Member for Cape St. Francis.

MR. J. BYRNE: Thank you, Mr. Speaker.

Mr. Speaker, I have a question for the Minister of Finance, a

minister who hopefully knows more of what is going on in his department, Mr.

Speaker, than the previous minister that I was critic for, who did not have a

clue of what was going on in the Province or his department, the Minister of

Municipal and Provincial Affairs.

To the Minister of Finance, will the minister confirm that

government will be or is contemplating making changes to the retail sales tax

legislation and regulations regarding the resale of used vehicles, namely

forcing people to pay for money they did not spend?

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

MR. DICKS: Yes, Mr. Speaker, the government is

contemplating a change to the Retail Sales Tax Act.

AN HON. MEMBER: Shame, shame.

MR. J. BYRNE: Could you repeat that, I did not hear you?

MR. SPEAKER: Order, please!

MR. DICKS: Is the member asking me to repeat my answer?

MR. J. BYRNE: Yes.

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

MR. DICKS: The answer is yes, Mr. Speaker. Thank you.

MR. SPEAKER: A supplementary, the hon. the Member for

Cape St. Francis.

MR. J. BYRNE: Does the minister understand that it would

be another unconscionable tax grab and that this Liberal government will be

taxing money now spent by the already highest tax consumer in Canada?

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

MR. DICKS: No, Mr. Speaker. This is a fair measure that

the government is considering introducing. We did the study from a period from

January through the following three months of a fiscal year. During that period

the professed values shown on the Bills of Sale by people registering sales of

private owners to other private owners was approximately one-third of the fair

market value of those vehicles. So, either -

AN HON. MEMBER: (Inaudible).

MR. DICKS: Not at all, Mr. Speaker, they are just very

good buyers.

The issue for the Province and for the people, Mr. Speaker,

is, if a person contracts a sale with someone who is at arm's length and pays

tax on the full, fair market value, should we allow to exist at the same time,

another system where other people very often declare a value or contract sales

that are about a third of fair market value, it is really not fair for one

person to have to pay tax at $15,000 for a vehicle, another person to pay tax at

$5,000. So, Mr. Speaker, the issue really is: What is a fair and equitable

situation for everybody in this Province who transacts sales and incurs a tax

liability to the government? We believe a transaction should be monitored and

should be fair and the tax burden should be spread equally among the people of

the Province.

MR. SPEAKER: The hon. the Member for Cape St. Francis, a

supplementary.

MR. J. BYRNE: Too bad, Mr. Speaker, that I cannot sell

the minister for his book value. I tell you, you would not get too much for it.

Mr. Speaker, will the minister confirm that the proposed

changes apply to the ordinary citizen and that this tax change will not apply to

the car dealerships? What is coming next, taxes on the appraised value of ATVs,

ski-doos, used furniture, fridges, stoves and what have you and, are we not, by

using that system - what you are speaking of doing now - basically is a

carte-blanche system, are we not basically punishing the innocent for the

guilty?

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

MR. DICKS: No, Mr. Speaker. There are two issues that the

hon. member raised. The first is: To whom it applies. At this point, the only

area we have identified as problematic is that between private individuals for

the reasons I earlier stated.

If it proved to be a problem between dealerships and

individuals then of course we would impose a suitable safeguard for the public

'per se ` as well. The second is that we are going to have an appeal mechanism

so that people can go to another group if they disagree with what the fair

market value is, as determined by the Red Book and seek an independent

assessment and we will determine from whom and from which route we will accept

an independent appraisal.

There was another point raised by the hon. member's question

but has been drowned out by the member beside him.

AN HON. MEMBER: You will not sell your car (inaudible).

MR. DICKS: I may, if the hon. member makes me a good

enough offer and will certainly declare it at fair market value.

The other thing we intend to do, Mr. Speaker, is to set up a

1-800 number so that anybody contemplating buying a vehicle will be able to

determine in advance what the Red Book value of it is, so he or she, in

purchasing that vehicle, can make allowance for the taxes to be paid and taxes

are often an issue to be negotiated between a vendor and purchaser in any event.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Kilbride.

MR. E. BYRNE: Thank you, Mr. Speaker.

For the last year or so, questions in this House that were

asked of the previous Minister of Environment and Labour with respect to

workers' compensation system - not the present minister - were always responded

that the issues concerning Workers' Comp. are under review.

In May, Mr. Speaker, the Independent Statutory Review

Committee tabled its report, clearly with a number of recommendations, and a

scathing, scathing report, Mr. Speaker, with respect to government's recent

Legislative Agenda and changes made to the Workers' Compensation Act.

I would like to ask the minister - the new Minister of

Environment and Labour: What is government's agenda with respect to implementing

the recommendations contained in that report, what is the agenda and when can

injured workers in this Province see the recommendations in this report

implemented?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Environment and

Labour.

MR LANGDON: Thank you, Mr. Speaker.

The review was presented to the department back in May, and

since that particular time, the officials were in the department and have been

going through the thirty-plus recommendations. They are just about all finished

and when they are, within the next two or three weeks or so, we will then be

presenting the report to the Cabinet with the hope that the recommendations that

have been aired can be acted upon. Obviously, if we were to act upon every

recommendation that was in the report here, it would cost the compensation

review another $60 million; obviously, the balance has to be found between

looking after the injured worker and be fiscally prudent within the system

itself.

I can say to the hon. member that we are proceeding, and

hopefully within the next few weeks we can make the report available to Cabinet

and act from there.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Kilbride, a

supplementary.

MR. E. BYRNE: Mr. Speaker, if the Minister of Environment

and Labour believes that these recommendations are going to cost $60 million to

implement, the only people he has listened to are the people at Workers'

Compensation, because that is clearly not the case.

SOME HON. MEMBERS: Hear, hear!

MR. E. BYRNE: Also, if the minister is saying that they

are proceeding with the recommendations according to the time line he has

outlined - his officials have acted upon five recommendations per month. Mr.

Speaker, the spirit of this report clearly comes down on the side of the injured

worker.

MR. SPEAKER: Order, please!

The hon. member is -

MR. E. BYRNE: When will the minister move, and move

quickly, to implement and put balance back into the system for the injured

workers of this Province?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Environment and

Labour.

MR. LANGDON: Whether it is done five per month, or

whatever way you want to look at it, we are proceeding to deal with the

recommendations. We take them seriously.

I have met with the Injured Workers Association, and have

said to Mr. Haynes that there is nobody who will sympathize with him any more

than I. Obviously, at the end of the day, we will make the recommendations that

are best, that the Commission itself - I have talked to them as well. We will

make the best recommendations that we can for the injured workers, but we will

make sure that the plan remains viable and prudent, and we will do that as

expeditiously as we can.

MR. SPEAKER: The hon. the Member for Kilbride, a

supplementary.

MR. E. BYRNE: Mr. Speaker, the minister still has not

said anything really. All he has said is that they are going to look at the

recommendations, it is going to Cabinet, and it will be reported back to the

House sometime.

What people are looking for today, Mr. Minister, with respect

to the Workers' Compensation system, is action now that will put some balance

back into the system for them.

MR. SPEAKER: Order, please!

MR. E. BYRNE: The question for you remains: When can you

confirm for this House that legislation that has to be enacted and changed with

respect to this report will be done? Will it be done this fall, or will the

people have to wait until 1998 or 1999 to see the spirit and the recommendations

from this report implemented?

MR. SPEAKER: Order, please!

MR. E. BYRNE: Can you answer that, please?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Environment and

Labour.

MR. LANGDON: Thank you, Mr. Speaker.

We will act as expeditiously as we possibly can, and if we

can do it in the fall, we will. I guarantee you, it will be done before 1999,

but at the end of the day we will do what is right for the worker and what is

right to make the plan fiscally prudent.

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

MR. H. HODDER: Thank you, Mr. Speaker.

My questions are to the Minister of Municipal and Provincial

Affairs.

In Gander on the weekend, the minister told the elected

municipal leaders of the Province that things might be tough now but they will

get tougher and rougher before municipalities can expect to see any increased

help with their finances.

Given the fact that municipalities, especially those in rural

areas of the Province, are seeing their communities dismantled piece by piece

and bit by bit over a period of years now, how can this minister, who cut his

political teeth at the municipal level, sit around and be part of a Cabinet

table and a government that sees decisions made that are strangling

municipalities in all parts of the Province, in particular, municipalities in

rural Newfoundland?

MR. SPEAKER: The hon. the Minister of Municipal and

Provincial Affairs.

MR. A. REID: Mr. Speaker, if the hon. member had been

listening to his friend, the newly-elected president of the federation this

morning on CBC, he would have heard that I did not say things were going to get

worse. I did not say that. The media that wrote that story incorrectly quoted

some comments that I made.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. A. REID: What I did say, Mr. Speaker, was that we are

going now through a period of hope, I suppose, and that in the next year or so I

am hoping that this government will reconsider what we have done, I suppose, in

regard to municipalities over the last number of years, and at the end of the

day I am hoping, as the minister of municipalities, that we can at least try in

some way to assist municipalities in the Province from here on in, rather than -

AN HON. MEMBER: (Inaudible).

MR. A. REID: That is exactly what I said. I did not say

that things were going to get any worse. I hope things do not get any worse,

because I don't think most municipalities in the Province, especially rural

municipalities - and the hon. member knows nothing about it because he is not in

a rural municipality, he lives in a city.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. A. REID: I hope it does not go any further because

rural Newfoundland communities are the ones I am more concerned about, Mr.

Speaker. I am not concerned about the Mount Pearls of the world, or the City of

St. John's or the City of Corner Brook. I am concerned about the small rural

communities in this Province and I think I can say that on behalf of everyone

sitting on this side of the House.

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

MR. H. HODDER: Maybe, Mr. Speaker, the minister can tell

me whether he is in the loop or out of the loop when it comes to decisions about

Mount Pearl now. Because last year he admitted he was out of the loop and the -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please! Order, please!

MR. H. HODDER: Mr. Speaker, the tax base of

municipalities is shrinking through business closures, through out-migration,

the cod moratorium, et cetera. The changing demographics is meaning that those

who can move out of rural Newfoundland very often are moving. I ask the

minister: Why do you do more to foster resettlement than you do to encourage

solid and consistent alternate economic development in rural Newfoundland?

MR. SPEAKER: The hon. the Minister of Municipal and

Provincial Affairs.

MR. A. REID: Mr. Speaker, the hon. the Member for

Waterford Valley is asking this government to reconsider a resettlement program

in the Province. I will tell you, Sir, this government will never consider a

resettlement program! I will not be the Minister of Municipal and Provincial

Affairs for any government that considers a resettlement program. Go back down

in the bay. Send him back out in the bay where he came from, to get a feel for

something other than Mount Pearl!

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

A supplementary, the hon. the Opposition House Leader.

MR. H. HODDER: Mr. Speaker, I am trying to get my

colleagues here to pass me some cigarettes for the minister so he can calm

himself. I want to say to the minister: What I said was that your government is

doing more to foster resettlement than you are to encourage economic

development.

I finally want to say to the minister that we, on this side,

believe that rural municipalities deserve a fair and equitable share of the

Province's fiscal resources. I want to say to the minister, having admitted in

Gander your failure to convince your Cabinet colleagues and going to Gander and

blaming your Cabinet colleagues and saying to them: `Please give me help, I

cannot do the job in there,' how can you today sit in Cabinet and come out and

say these kinds of things? Mr. Minister, you have a choice. You can either quit

on principle that you cannot get the job done, or you can ask to be replaced

because you cannot fulfil the mandate as passed to you by the municipalities of

this Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Municipal and

Provincial Affairs.

MR. A. REID: Mr. Speaker, I had the honour, I suppose, on

Saturday and Sunday to be with the largest group of municipal politicians I

think that has ever come together for the Federation of Municipalities. I have

to be quite honest and say to you, all that I got, and my colleagues that were

with me on Saturday, the panel was -

AN HON. MEMBER: The most ministers ever attended.

MR. A. REID: Most ministers ever attended, and -

AN HON. MEMBER: (Inaudible).

MR. A. REID: I can honestly say, in the forty-eight hours

I was there, and I say this unequivocally, there was not one person, not one

councillor, not one mayor, who came up and spoke any - they came up and spoke

nothing only praise for what we had been trying to do.

SOME HON. MEMBERS: Oh, oh!

MR. A. REID: I have no problem with saying I am quite

comfortable in the job as Minister of Municipal and Provincial Affairs. I feel

that I have more compassion for rural communities in the Province than the vast

majority of the elected city representatives that sit on the other side of the

House. I quite honestly can say that the Federation of Municipalities have been

long-time friends of mine, and have been to me as the minister for the past five

years. I hope the Premier keeps me in the position for another little while, so

that if and when it comes around that we might have a few dollars to help rural

Newfoundland and municipalities, then I am the one who can go and make the

announcement and say we are Liberals and we will try to do our best to

accommodate rural Newfoundland in particular as much as we can.

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Order, please!

MR. A. REID: In saying that, Mr. Speaker

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Order, please!

I ask the hon. member to conclude his answer.

MR. A. REID: In saying that, Mr. Speaker, I will add that

because, I suppose, I am a bayman, I have a little bit more appreciation for

rural Newfoundland, but then, with that said, I have to spend a fair amount of

my time, on a daily basis, which I enjoy, looking after the cities in the

Province as well.

MR. SPEAKER: The hon. the Member for Bonavista South.

MR. FITZGERALD: Thank you, Mr. Speaker.

It is too bad that the minister did not give up smoking long

before this because it is obviously taking its toll.

SOME HON. MEMBERS: Hear, hear!

MR. FITZGERALD: Mr. Speaker, my question is to the

Premier of the Province.

Approximately one year ago, the federal Liberal Government

reneged on its commitment and obligation to thousands of Newfoundland fishermen

and plant workers by taking a full year of benefit away from the TAGS program.

It was slated to end in 1999; now, the new date is May, 1998. I ask the Premier:

would he today inform those thousands of hard-working, dedicated

Newfoundlanders, who are presently going through a great turmoil in their life -

would he inform them as to a replacement program for the TAGS program when it

expires in six months time?

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

MR. TULK: Mr. Speaker, I thank the hon. gentleman for his

question and I would like to point out to him that we, on this side, are as

concerned about what is going to happen in May of 1998 as anybody else in this

Province or indeed, anybody else in this country and that includes himself. I

know what we are all concerned about: What will happen to those 18,000 people?

To that end, Mr. Speaker, we have had various meetings. It is

a federal responsibility. We are pointing out to them that it is a federal

responsibility. We are telling them that it will not be taken care of through

normal programming needs and that there is a definite need. We are impressing

upon them the need to indeed undertake initiatives. In that regard, we hope and

we believe that one of the chief vehicles we have to Ottawa - and the hon.

gentleman will recall that on Friday afternoon I made a press statement saying

that I would hope the Baker Fisheries Committee visits all of the areas affected

in this Province rather than just along the South Coast and one stop on the

Northern Peninsula, indeed, the Labrador Coast.

I might tell the hon. gentleman that we are also having a

senior group of civil servants in this Province look at the TAGS program that is

ongoing now as well as to look at how indeed we might be able to offer some

advice to the Federal Government when and if the time comes, as to how a new

program - a son of TAGS program if you would - might be structured. Mr. Speaker,

I want to assure the hon. gentleman that we are leaving no stone unturned to see

that the Federal Government lives up to its responsibility of taking care of

those 18,000 people, not through an income support program, not through any

welfare program but through an income replacement program for something over

which those people had no control. I want to assure him that if he has any

advice to offer to us, please feel free to do so.

MR. SPEAKER: A supplementary, the hon. the Member for

Bonavista South.

MR. FITZGERALD: Thank you, Mr. Speaker.

Minister, when this full year of salary was taken from the

TAGS recipients, your Liberal cousins stated that funding would possibly

continue after the May 1998 deadline if those who were eligible for their

program were going to access EI or what have you. Would the Premier indicate

today if those 18,000 people, who will be affected by this shameless act, can

expect a cheque after May 15 of next year, and if so, for how long?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, I would hope that all members

in this place would co-operate to make the case to the national government as

effectively as possible, that there needs to be a follow-up program to TAGS. If

the Federal Government has decided that TAGS should come to an end, then there

needs to be a follow-up program. Mr. Speaker, one of the ways to effectively

demonstrate the size of the need and the size of the problem is to have the

Standing Committee of the House of Commons on Fisheries - chaired, and I must

say chaired very ably, by the Member for Gander - Grand Falls, George Baker -

hold hearings in the parts of the Province most affected.

For example, on the Northeast Coast, the member opposite

would have a good knowledge of the size of the impact of the loss to the fishery

there, those who were formerly dependent upon fish in 2J-3KL; for example, on

the Great Northern Peninsula, where there has been a devastation of people who

formerly had a dependence on the cod fishery; on the Labrador Coast, where in

many cases people have not yet had a chance to be heard.

Mr. Speaker, our hope is that in about - is it ten days time?

AN HON. MEMBER: November 23 or something.

PREMIER TOBIN: On November 23, when the Standing

Committee comes to the Province, it will take whatever additional time that is

required to go in particular to those parts of the Province where people are

most affected, and give the fishermen and plant workers themselves a chance to

be heard.

Mr. Speaker, we will fully support in every way we can - and

the minister who has just spoken has taken up the responsibility on the Cabinet

Committee for Rural Revitalization, and indeed has been in Ottawa and has met

with Mr. Pettigrew - we will fully support all the initiatives to bring forth a

successor program. We think the people of Newfoundland and Labrador most

directly affected have to be given a chance to be heard.

MR. SPEAKER: Time for one quick question.

The hon. the Member for Bonavista South.

MR. FITZGERALD: Thank you.

Premier, you are the First Minister of this Province, not

George Baker, not the fisheries Standing Committee in Ottawa, not Eugene

Harrigan. I ask the Premier if he would today commit to taking a lead action and

put forward the proposals of his government, taking into consideration

possibilities like early retirement and licence buy-back. Premier, when will you

take a lead role and not shrug off the responsibility as you are now doing, and

as your predecessor did before you?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, you know, sometimes the facts

should survive the cut and thrust of the Question Period. The fact of the matter

is, this government is doing all of the things it can do and should do to make

the case to the national government to bring forward a successor program.

I would remind the member opposite that I remember full well

in 1993 a federal election campaign in this Province when the current leader of

the Progressive Conservative Party, Mr. Jean Charst, came to this Province and

said: I cannot guarantee, nor am I prepared to announce on behalf of my party, a

successor program to something that was then called NCARP. I remember full well,

and by the way, the member remembers, because he was then involved with the

union, that the Progressive Conservative Party of Canada refused to bring

forward a successor program.

MR. SPEAKER: Order, please!

PREMIER TOBIN: What did I do? I brought forward a

multi-billion dollar replacement called TAGS. That is what I did when I had the

responsibility.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please! Order, please!

PREMIER TOBIN: Mr. Speaker, that successor program

provided income for 27,000 families. Let me conclude by saying this.

MR. SPEAKER: Order, please!

PREMIER TOBIN: This is the party opposite that in the

last federal election campaigned on eliminating the Department of Fisheries and

Oceans Canada because it said there is no future in the fishery. Mr. Speaker, we

are doing our job.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Question Period has ended.

Notices of Motion

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, I give notice that I will on

tomorrow move the following resolution:

WHEREAS all Members of the Newfoundland and Labrador House of

Assembly wish to underscore and emphasize their strong commitment to the unity

of Canada; and

WHEREAS Canada's federalist premiers and territorial leaders

met in Calgary on September 4, 1997, and agreed on a framework for discussion on

Canadian unity; and

WHEREAS Members of this House have consulted Newfoundlanders

and Labradorians on this framework and have found that citizens of the Province

have a strong commitment to Canada, to the importance of Quebec's place within

Canada; and

WHEREAS Newfoundlanders and Labradorians are committed to the

prosperity, vitality and wellbeing of Canada; and

WHEREAS Newfoundlanders and Labradorians are supportive of

reforming the Canadian federation so as to strengthen and improve the ability of

the federal and provincial governments to work together for the benefit of all

Canadians;

THEREFORE

BE IT RESOLVED that the House of Assembly of

Newfoundland and Labrador, on behalf of the citizens of our Province, endorses

the Calgary declaration as follows:

All Canadians are equal and have rights protected by law. All

provinces, while diverse in their characteristics, have equality of status.

Canada is graced by a diversity, tolerance, compassion, and an equality of

opportunity that is without rival in the world. Canada's gift of diversity

languages, and a multicultural citizenry drawn from all parts of the world.

In Canada's federal system, where respect for diversity and

equality underlines unity, the unique character of Quebec's society, including

its French-speaking majority, its culture and its tradition of civil law, is

fundamental to the well-being of Canada.

Consequently, the Legislature and the Government of Quebec

have a role to protect and develop the unique character of Quebec's society

within Canada. If any future constitutional amendment confers powers on one

Province, these powers must be available to all Provinces.

Canada is a federal system where federal, provincial and

territorial governments work in partnership while respecting each other's

jurisdictions. Canadians want their governments to work cooperatively and with

flexibility to ensure the efficiency and effectiveness of the federation.

Canadians want their governments to work together, particularly in the delivery

of their social programs. Provinces and territories renew their commitment to

Canadians.

Thank you, Mr. Speaker.

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

MR. DECKER: Mr. Speaker, I give notice that I will on

tomorrow ask leave to introduce a bill entitled, "An Act To Amend The Human

Rights Code".

I further give notice that I will on tomorrow ask leave to

introduce a bill, "An Act To Amend The Family Law Act".

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

MR. TULK: Mr. Speaker, on behalf of the Minister of

Government Services and Lands who is out of the Province on business today, I

give notice that I will on tomorrow ask leave to introduce a bill entitled, "An

Act Respecting The Transfer Of The Personal Trusteeship And Agency Business Of

Montreal Trust Company Of Canada And Montreal Trust Company To The Bank Of Nova

Scotia Trust Company", known as Bill No. 24.

On behalf of the same minister, Mr. Speaker, I give notice

that I will on tomorrow ask leave to introduce a bill entitled, "An Act To

Enable Information To Be Filed Electronically By Business", Bill No. 38.

Mr. Speaker, on behalf of the same minister I give notice

that I will on tomorrow ask leave to introduce a bill entitled, "An Act To Amend

The Mechanics Lien Act".

Mr. Speaker, on behalf of the Minister of Fisheries and

Aquaculture, I give notice that I will on tomorrow ask leave to introduce a bill

entitled, "An Act To Amend The Professional Fish Harvesters Act".

Mr. Speaker, I give notice that I will on tomorrow ask leave

to introduce a bill entitled, "An Act To Amend The Intergovernmental Affairs

Act", Bill No. 40.

MR. SPEAKER: The hon. the Minister of Tourism, Culture

and Recreation.

MS KELLY: Mr. Speaker, I give notice that I will on

tomorrow ask leave to introduce a bill entitled, "An Act To Amend The Provincial

Parks Act".

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

MR. H. HODDER: Thank you, Mr. Speaker.

I give notice that I will on tomorrow ask leave to introduce

the following Private Member's resolution:

WHEREAS the provincial government has consistently reduced

funding for municipalities in recent years, especially through drastic cuts in

the municipal operating grant; and

AND

WHEREAS the Provincial government has consistently and

unfairly transferred additional responsibilities to the municipalities;

AND

WHEREAS the Provincial governments down loading has

increased the unfunded responsibilities of the municipalities;

AND

WHEREAS many municipalities, especially in some rural

parts of the Province, see their tax base eroding through out-migration,

unemployment, business closures, etc.;

AND

WHEREAS the government of Newfoundland and Labrador has

through errors of omission and commission, actively participated in dismantling

of rural communities little by little, service by service;

AND

WHEREAS the Minister of Municipal and Provincial Affairs

has stated that this will be a distant dream for rural municipalities to hope

for a fair and equitable share of public resources;

AND

WHEREAS increasing the tax rates and/or the assessed

property values in many municipalities serves only to increase the accounts

payable;

AND

WHEREAS many municipalities are caught in financial

dilemmas that has caused municipal councils to reduce services below reasonable

levels;

AND

WHEREAS the provincial government has the legal, moral

and political responsibilities to do everything it can to preserve the integrity

of local government in this Province;

THEREFORE

BE IT RESOLVED that the House of Assembly oppose

any further transfers of unfunded liabilities to municipalities by the

government of Newfoundland and Labrador;

AND BE IT FURTHER RESOLVED that the House of Assembly direct

the Provincial Government to restore the integrity of municipal level of

government through a cancellation of all proposed cuts to municipal operating

grant and that the Provincial Government aggressively negotiate a new

municipal/provincial/financial relationship that recognizes the grave and

imminent threat to the integrity of municipal government in all parts of the

Province, but more particularly in rural Newfoundland.

SOME HON. MEMBERS: Hear, hear!

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

MR. DICKS: Thank you, Mr. Speaker.

I give notice that I will on tomorrow ask leave to introduce

the following Bills entitled, "An Act To Amend The Income Tax Act,

An Act To

Amend The Tobacco Tax Act,

An Act To Amend The Memorial University Pensions Act,

An Act To Amend The Public Service Pensions Act, 1991 and The Uniform Services

Pensions Act, 1991,

An Act To Establish The Labrador Transportation Initiative

Fund,

An Act To Amend The Teachers' Pensions Act,

An Act To Amend The Financial

Administration Act,

An Act To Amend The Public Service Pensions Act, 1991, and

An Act To Amend The Retail Sales Tax Act.

I give notice that I will on tomorrow move that the House

resolve itself into a Committee of the Whole on Supply to consider certain

resolutions for the granting of supplementary supply to Her Majesty.

Thank you, Mr. Speaker.

Petitions

MR. SPEAKER: The hon. the Member for Baie Verte.

MR. SHELLEY: Thank you, Mr. Speaker.

I rise today to present a petition on behalf of - I do not

know exact numbers, but hundreds of people of the community of Pacquet and

Woodstock and I will read the petition first and make a few comments: To the

hon. House of Assembly, legislation session convened. We the undersigned

residents of the community of Pacquet and Woodstock do hereby strongly request

the government of Newfoundland and Labrador to refrain from making further

funding cuts to education in recognition of the negative impact that these

reductions are having on the education of our children and Mr. Speaker, our

future.

Mr. Speaker, throughout the last several weeks around my

district and I know around other parts of the Province, the school councils

which have been formed, which I will say is a positive aspect of the education

reform, have taken it upon themselves to express their views and concerns that

they see as education reform goes forward. I guess the bottom line and the whole

essence of all these discussions that I have been to and I have been to five now

in my district, five different places where on occasion I had our critic, the

member for St. John's East and the member for Conception Bay South, accompany me

to King's Point where we had a very lively discussion, Mr. Speaker, but all of

these places, Mr. Speaker, have said: the bottom line of all this is that

education reform was supposed to be for the better and that is what they look

for, Mr. Speaker. But as they raise these concerns, yes, I have heard the

minister say that it is all speculation, rumours, fearmongering by certain

groups or by certain boards and whatever, but I still think that these parents

with what these school councillors are made up of, have every right to express

their concerns before the fact and it is no good to close the barn door after

the horses are out.

In these particular places, Mr. Speaker, in Pacquet and

Woodstock, they do not want to see more reduction in teachers, therefore finally

I guess, Mr. Speaker, they do not want to see the death of the school in that

community. What we have now, are small children travelling on buses and they do

not want to see Kindergarten, Grades I and II, six and seven years old, heading

over roads and to which I should add, that are deplorable at best in these

particular areas, Mr. Speaker, so that it all relates and are all built together

in the whole idea of rural Newfoundland now. It is not just the fact of the

schools; it is the roads, the hospitals and so on. So, Mr. Speaker, what these

people are doing, and they have every right to do that, is to express through

petitions, through meetings they have had and so on, a view, to this government

and to the minister that they are very concerned about more downgrading and more

cuts, and like they have said to me, Mr. Speaker, point blank, and they said it

to my colleagues in the meetings we have had - in Springdale also, we had a

meeting, the Member for Windsor Springdale was there, they put forthright their

concerns.

Now yes, it is fine to say, and I hope at the end of the day,

that the Member for Windsor - Springdale and I, and the minister and everybody

else can stand up and say: No, that was high numbers we have heard on

re-allocation of teachers, we hope that they are wrong and that we all stand up

and say: parents, you had your concerns but it did not come to fruition so I

guess at least, you voiced your concern. That is all they are saying, Mr.

Speaker. I talked to these people after some of these meetings were over and

some of them did say that, we hope that it is right, that when the minister says

that these reductions will not take place, Mr. Speaker, they are also hoping

that very little of it takes place. Maybe you get the worst case scenario and

you end up with something in between. Well I am hoping that is what it is

because, in essence, what it is they are saying is: get on with education

reform, support what is going on through Ottawa now, support it in your House of

Assembly but at the same time, remember that in rural Newfoundland, Mr. Speaker,

these schools in these communities mean a lot more than a building. They are the

heart and soul of that community.

In Woodstock, Mr. Speaker, this particular school - as a

matter of fact, I have had the pleasure of teaching there on occasion and, Mr.

Speaker, the students whom they have turned out, they can be very proud of, and

the parents in Pacquet and Woodstock contribute to that school and make it a

very worthwhile part of that community, and I guess any time you see a threat of

any type of a school or a hospital, it is just human nature and that is what

these people have done here to express their views that they are concerned, that

they do not want to see further cutbacks, so for the sake of the children of

Pacquet and Woodstock and other communities around the Province but in

particular today, Mr. Speaker, I stand proud to represent my constituents to say

that they are concerned and they ask this government to, please look very hard

at any further reductions and that they are minimized so that the bottom line at

the end of the day is that the children of Pacquet and Woodstock are deserving

and can get as good a quality of education as any where else in this Province

because we are all Newfoundlanders and Labradorians and we all deserve equal

treatment, especially when it comes to education.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. John's East.

MR. OTTENHEIMER: Thank you, Mr. Speaker.

I am pleased today, Mr. Speaker, to rise in support of the

petition as brought forward by my colleague the Member for the District of Baie

Verte.

As the member indicated, Mr. Speaker, we had an opportunity

several weeks ago to hear firsthand from a number of parents, students and

teachers from a number of communities particularly in the Central Newfoundland

area who, expressed serious concern, almost alarmed, Mr. Speaker, as to the

status of the education system in this Province today and quite likely, Mr.

Speaker, what has been proposed for the school year, 1998-1999.

Mr. Speaker, parents and students and teachers, many of whom

form these new school councils have indicated that they are deeply concerned

about proposed cuts to their schools and how these cuts will affect not only

their schools but also the communities of rural Newfoundland. The smaller

schools, the smaller communities.

They are wondering about their programs. They are wondering

about their computer programs, their French classes, their physical education

classes, their industrial arts classes, those programs which have a specialty

nature to them and require those teachers with the specialization and with the

expertise to ensure that students in smaller schools, in smaller communities,

are given the same opportunity, there is an equal playing field for students in

rural Newfoundland, and as it relates to students in our larger communities.

These are the concerns, and these are the concerns that have

been expressed very clearly by these student councils, which when we met with

them said to us: We are concerned about proposed cuts, we are concerned about

the existence of smaller schools in rural Newfoundland, and therefore we are

concerned about the very existence of our community.

The petition which was brought forward today is just one

example of one community, but I can assure members of this House that these are

concerns as expressed by many communities in our Province. Teachers have

expressed concern, through their various branch presidents of the NLTA. School

councils, which are perhaps one of the most positive parts of the new Schools

Act, have expressed their concern. We must be vigilant at all times to ensure

that smaller schools receive a fair representation and that our smaller

communities are not short changed in any way as a result of any proposed cuts

that may be envisioned by the minister with respect to his so-called plan of

education reform in this Province.

Thank you, Mr. Speaker.

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

MR. GRIMES: Thank you, Mr. Speaker. I would just like to

take a couple of minutes in response to the petition presented by members

opposite.

I recognize fully and agree that the parents have every right

to speak out with respect to issues that are of importance to them, and I'm very

pleased that they are speaking out with respect to education, and encourage them

to continue to do so. The only difficulty I've been expressing in response to

what is happening, particularly in Central Newfoundland in District #5, is that

it is at this point in time unnecessary, inappropriate. Because of the fact that

the concern that they are expressing is based upon misinformation and improper

information and unfounded speculation produced by the school board.

That at a point in time when students themselves, and

teachers, are normally just getting back into the flow of a new school year -

because this started the third week in September - schools were hardly open for

this year before a document was circulated by the school board suggesting to

parents in District #5 that in their schools, some fifty-odd schools, they may

be going to lose as many as 122 teachers in September of 1998.

No wonder you would get parents, students, and student

councils suggesting that they are concerned. From the very first day that I

heard the information I asked the school board not to present the information,

because it wasn't based on any fact. It was its speculation. It was not based on

information received from the Department of Education.

To put it in context, there were three things that we dealt

with, all arising from last year's Budget. One was that this school year now, we

would agree with the school boards as to a designation of small, necessarily

existent schools for September of 1998. For September of 1998, Mr. Speaker. Not

September of 1997. All the schools that are operating are operating. They still

have their small schools allocation. As a matter of fact, in a meeting with the

school board chairs and directors just a few days ago, on Friday of last week,

we have now understood that we have not quite finished that process yet, but

within a week or ten days we expect to be able to agree upon which schools in

each of the ten districts are small, necessarily existent schools.

The legislation that was passed here with the support of

members opposite in the new Schools Act indicates that we are legally bound to

name and gazette those small, necessarily existent schools. The resources that

are going to go in them are to be identified by the government, and the school

boards must allocate those resources into those schools.

What we had happening in District #5, places like Cottrell's

Cove, which everybody who understands it knows, Mr. Speaker, was speculative

information circulated by the school board whereby schools in places like

Cottrell's Cove, which everybody who understands it knows that it is going to be

necessarily existent, were told that they didn't know, they couldn't assure the

parents, that it was going to be a small, necessarily existent school. No more

they couldn't, because the discussion between the government and the school

boards was ongoing, hadn't been concluded; still isn't concluded. Right away you

have the people being alarmed because they aren't assured that any resources

will be put into their school because the preliminary discussion had only just

begun.

In previous years it has never been normal for any government

to let school boards know what their teacher allocations are for a subsequent

school year until the budget. Last year was one of the earliest times they ever

heard. They heard in March, and then they have until May 7 to make their

adjustments. This year we had told them last spring we hoped to have it done by

Christmas. A school board went out two or three days after school opened and

said: We don't know how many teachers you have for next year, you might be going

to lose 122. I've spent the whole time since trying to say to them: Don't go

into a panic over that. The numbers are totally unrealistic.

What we have is the following. The small, necessarily

existent schools will be determined within a week or ten days. The teachers who

will be in them will be told to every board and every school that qualifies

under the act.

Secondly, we have said, as a matter of policy, that the

teacher enrolment will track the student population size as a matter of policy.

This year it was just confirmed, last week, that the enrolments from last year

to this year have declined by 4,597 students. Just confirmed last week. Now we

have to determine how many teachers are likely to be coming out of the system as

a result of that for the next school year. That will happen in consultation with

the school boards over the next two or three weeks. We had a discussion about it

again on Friday.

Thirdly, we did say in the Budget that we would discuss the

possibility of moving -

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. GRIMES: - the pupil-teacher ratio to the national

average. We told them on Friday, Mr. Speaker, -

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. GRIMES: - that that won't be happening. We will

finish the planning. The numbers will be available to all the -

MR. SPEAKER: Order, please!

MR. GRIMES: - school boards in a couple of weeks -

MR. SPEAKER: Order, please!

MR. GRIMES: - and there is no need to be alarmed.

MR. SPEAKER: Order, please!

The hon. member's time is up.

The hon. the Member for Bonavista South.

MR. FITZGERALD: Thank you, Mr. Speaker. I rise today to

present a petition. To the hon. House of Assembly of Newfoundland in legislative

session convened, the petition of the undersigned residents of Newfoundland:

Whereas the government gave public notice in late July or early August 1997 that

it would accept public submissions only until August 30, 1997 regarding the

government's proposal to remove bridges on the railway bed on the Bonavista

Peninsula and other areas; and

whereas these beds are used by local residents

and tourists for numerous recreational activities including snowmobiling, ATV

use, berry picking, the hauling of firewood, and hiking; and

whereas these

bridges and the railway bed in this area may have untapped recreational and

tourism potential generating new economic activity, as is happening on the main

railway bed with the construction of the T'Railway; and

whereas local groups

such as development associations, municipalities, service groups, and tourism

groups, as well as businesses and individuals, could take over the

responsibility of maintaining these structures if given adequate time to put

together proposals; and

whereas these historic structures once they are gone are

gone for good; wherefore your petitioners urge the Government of Newfoundland

and Labrador to delay actions to remove the bridges from the railway beds along

this route and extend the deadline for receiving submissions regarding the

future of these bridges and the railway bed.

Mr. Speaker, this is a petition signed by 200 to 300 people

from the Districts of Bonavista South, Trinity North, and Terra Nova. It is a

situation whereby in July the government put forward its proposal to look for

suggestions, I suppose, if you would, or their intent to remove the railway

bridges on the Bonavista branch, the old CN rail bed.

Since that particular time many residents have gotten

together and have come forward through petitions that I have brought forward

here in the House, as well as meeting with the minister and writing the Minister

of Government Services and Lands. I have to commend the minister that he has

gone out. He has gone out to my district, he has been out to the District of

Trinity North, I know, and he has met with some of the concerned residents

there, and has agreed to give them more time to put together some proposals.

The thing that I was not particularly in favour of, Mr.

Speaker, was that the minister only met and invited town councils along. I think

that other people should have had an opportunity to come forward and voice their

opinions. I think of recreation groups, I think of development associations, Mr.

Speaker, not only municipal governments because, for the most part, municipal

governments, town councillors are very busy doing what they are supposed to be

doing and that is looking after their own affairs within the boundaries of their

towns.

We did have a very good meeting in Bonavista and the minister

agreed to take their concerns and proposals back to reconsider what he had

intended to do in the first place. He has only slowed it down. He does not have

the brakes put on it, I do not think. People raised the concern that if those

bridges were going to be removed, then government should look at the cost of

removing the bridges and maybe put that in some form of funding for a joint

venture between the development associations and government and, instead of

removing the bridges, repair the bridges.

Many people use this railway bed for recreational purposes.

They use it for their ATV and they use it for their ski-doos. Those machines are

not allowed to be used on public roads, they are not allowed to be used on the

wetlands; this was their only - well, it was a good area, I suppose, that they

could go and access the railway bed, have some enjoyment, and do it in a safe

manner, bothering nobody.

Now this particular railway bed, if the bridges are removed,

will eliminate a roadway to some favourite berry-picking grounds. It will

eliminate a roadway or an access to areas where people go to cut firewood and

cut logs, to take those logs and bring them out to the main road to carry them

home. If we take one bridge, in many cases, we could eliminate a whole area. We

are not looking for bridges to support a train anymore. There is no train and I

doubt if this government will be bringing one back, Mr. Speaker. What we are

asking for are bridges to be kept in a repairable condition where people can use

it for their recreational purposes, as they are doing today. If we can spend a

small amount of money and do it in partnership with some of the other groups

there to give it some perpetual care, then there is no reason why this railway

bed cannot be used for years and years to come. We should never forget or lose

sight of the fact -

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. FITZGERALD: Thank you. Just a minute to finish up.

You should never lose sight of the fact -

MR. SPEAKER: Order, please!

Does the hon. member have leave?

AN HON. MEMBER: Leave.

MR. FITZGERALD: You should never lose sight of the fact

that this particular railway bed is a generator of revenue for the government.

People go out and buy gasoline, they buy machines and they pay taxes on their

machines and people are working repairing them. So it is a snowball effect that

we all can benefit from if we only had the interest to continue to provide this

opportunity for the people in that particular area to be allowed to access the

railway bed, which is a perfect trailway, Mr. Speaker. It can be used not only

for recreational purposes but for purposes that are very dear to many people out

there, if we can help sustain them in the economic conditions that they find

themselves in today, especially on the Bonavista Peninsula. Thank you very much.

MR. SPEAKER: The hon. the Member for Cape St. Francis.

MR. J. BYRNE: Thank you, Mr. Speaker.

I rise in my place today to support the petition presented by

the Member for Bonavista South. Mr. Speaker, he made some very good arguments

with respect to the old railway lines across this Province. Many years ago when

the people of the Province were dependent upon the railway, we knew their use

and why they were utilized and how important they were, but since we have

removed all the train tracks, the trestles, and what have you, Mr. Speaker, from

the railways, now we see that the people in the Province want to utilize the old

railway lines for other purposes, namely, for recreation, mostly. In some, I

suppose, we could get into the new businesses in the Province in promoting

tourism. Often you will see on television now a group trying to raise money to

have a Trans-Canada trail right across this country, from St. John's,

Newfoundland to British Columbia. I think they are looking for so many dollars

per metre, and you have your name associated with that trail.

Here in Newfoundland, on the East Coast, we have a group, the

East Coast Trails Association, trying to get a trail right around the Northeast

Avalon, starting out around, I believe, Harbour Grace, somewhere in that area,

and coming right around up the northwest side of the Peninsula, and coming

around out to Cape St. Francis, up through Pouch Cove, Flatrock, Logy Bay,

Torbay, Bauline, all around the whole community, linking into St. John's, going

on up to Petty Harbour and right on out to St. Mary's. That, in itself, will

tell you what the potential is for these railway lines. Often in these

communities up in Witless Bay and Bay Bulls you can link into the old railway

lines and make it a part of the trail.

The Member for Bonavista South mentioned that these trails,

the lines out in that area for which he presented the petition, could be

utilized for recreation. Now we had this Administration, a few years ago, the

Liberal Government, bring in regulations with respect to ATVs, by which you were

restricted as to where you could use ATVs in this Province. Especially on the

marshes of the Province, you cannot use ATVs anymore, these three-wheeler bikes

and the quad bikes, and what have you. But these old railway lines are an ideal

location to make use of these vehicles, the three-wheeler motorized bikes. So it

is very important, I think, that we have the long-term view.

Now, of course, if you are going to go in and remove the

railway trestles and bridges, and what have you, all over this Province with

respect to the old railway lines because there may be some liability, how much

money are we going to spend to remove all of these trestles and bridges and so

on? How much money is going to be spent?

If we took those same dollars, probably, and put them back

into revitalizing these railway lines to clear the brush, to maintain the

bridges and give people access to the interior of Newfoundland and to the

different peninsulas within the Province of Newfoundland and Labrador, the

dollars could be very well spent.

I do not know if the government has done a study. I would

like to know if the government has done a study to see what the cost would be to

remove the bridges and the trestles, as we used to refer to them. We have done a

study -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I do not know. Have you? I am asking the

minister.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: The Government House Leader does not think

so. Then again -

AN HON. MEMBER: He does not think.

MR. J. BYRNE: He does not think. But he does not think so

in particular about this, another example of the government going ahead

blindfolded, not having a clue about what they are doing, not having one iota as

to the impact of what is happening in this Province.

The Minister of Tourism, I expect, will get up and speak to

this now, hearing me speak on it.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Yes, and hopefully she will be able to

bring some support to this for the constituents in Gander who were so upset out

there with the Lakeside Home, and the closing of the -

AN HON. MEMBER: The food was so delicious.

MR. J. BYRNE: Yes, the food was delicious. It will be

delicious. It was not delicious; it will be delicious.

It was said that the minister had some clout in Cabinet. I

hope she did, to get this back. The person who led the attack on this, of

course, was the Member for CBS - he is the man.

SOME HON. MEMBERS: Hear, hear!

AN HON. MEMBER: Give credit to (inaudible).

MR. J. BYRNE: Give credit where credit is due.

The Minister of Tourism, I suppose, had some say. I imagine

she was quite upset with this whole issue.

MR. SPEAKER: Order, please!

The hon. member's time is up.

SOME HON. MEMBERS: By leave, Mr. Speaker.

MR. SPEAKER: Order, please!

Does the hon. member have leave?

SOME HON. MEMBERS: Yes.

MR. TULK: Thirty-five per cent (inaudible) one minute.

MR. J. BYRNE: One minute.

MR. SPEAKER: By leave, the hon. the Member for Cape St.

Francis.

MR. J. BYRNE: Anyway, I would say again to the Minister

of Tourism that hopefully she will get up and speak to the petition presented by

the Member for Bonavista South - speak in favour, of course, of the petition and

see what they can do to support the wishes of the people who signed that

petition, the hundreds of people's names that I heard the member mention. On

that note I will leave it to the Minister of Tourism.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Minister of Tourism, Culture

and Recreation.

MS KELLY: Mr. Speaker, I rise to speak to the petition

that was presented by the Member for Bonavista South. My hon. colleague, the

Minister of Government Services and Lands, as has been pointed out, has been out

in the district, all through the three districts, actually, of Bonavista South,

Trinity North and Terra Nova, meeting with concerned citizens about this, and of

course, many consultations have been held by telephone and through

letter-writing. I know that he has consulted with me quite extensively on this,

being that my department is in charge of the trailway throughout the Province.

We also, from a tourism perspective, understand very, very well the importance

of trail development, both to our in-province tourism residents and also to

residents who come from outside of the Province to experience our great

wilderness and all of the trail systems throughout the Province.

As many people would know, the trailway is very important to

our Province's future tourism product, but also trails like the East Coast

Trail, the Bonavista Trail that has been referred to, the Cormack Trail, all of

these are very, very important, as they will eventually interconnect with the

National Trailway system which will run from one end of Canada to the other.

I am very happy, actually, with the Minister of Government

Services and Lands response to the citizens in this area and I know that he is

working diligently on this issue to ensure and to protect, if at all possible,

the bridges and railway trestles and everything in that area, but first and

foremost, of course, safety. Public safety has to be the biggest issue here and,

of course, we all recognize within the fiscal constraints that we live in, he is

currently assessing whether the cost of removing the bridges and trestles would,

in fact, be enough in working with groups in the area and on other areas, too, I

should say, throughout the Province, if it is enough to keep them going.

I suspect that the answer will be in the positive but, of

course, we have to make sure that public safety comes first. And in the end we

know that all of these trail systems will be wonderful for our tourism product,

both for people, as the other members have pointed out, for gaining access to

hunting ground, to berry patches, to cabins, etc., but also for out-of-Province

tourists, of whom we hope after the success of our Cabot Celebrations, there

will be many, many more.

Thank you very much.

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

Vidi.

MR. HARRIS: Thank you, Mr. Speaker.

I rise today to present a petition to the hon. House of

Assembly of the Province of Newfoundland in Parliament Assembled. The petition

reads as follows:

Whereas poverty and its effects are serious problems for so

many in this Province and that things are getting worse, not better, now more

than one-third of Newfoundland and Labrador children live in families on social

assistance.

The petitioners talk about the need for amelioration of child

poverty and child hunger in this Province and its effects on the ability of

these children to learn in our schools. The undersigned petition the House of

Assembly to direct the government to establish a universal comprehensive School

Lunch Program for every school in Newfoundland and Labrador to help end child

hunger and to give our children a better chance to learn and participate fully

in the benefits of education.

Now, Mr. Speaker, these petitioners were present at a meeting

held last week and the member for St. John's West was there as well. It was a

group of people who got together because they are concerned about the serious

problems of food security in this Province where the ability of people in the

Province to have nutritious food is at risk; and no greater is it at risk, Mr.

Speaker, than in the case of hungry children in the Province.

I was very distressed today to hear the Minister of Finance

get up and pat himself and his government on the back, saying the best thing I

think he could say for the economy of the Province, that we are going backwards

a little bit slower than we thought we were. We through we were going downhill

at 2.7 per cent, but we are only going downhill at 1.6 per cent - and we pat

ourselves on the back for that, Mr. Speaker. Well, I am concerned about the

plight of hungry children in this Province and we have to have that addressed by

this House of Assembly and by this government.

I am not satisfied to see this treated as a charity issue.

The Minister of Education has said in the past that we are relying on the

voluntary sector to look after this issue and we are giving them a few dollars

to help them along. Well, so far, that has resulted in a maximum number of

thirty-two school meal programs in this Province out of in excess of 400

schools. They are not reaching the hungry children. The programs are not yet

working because they are not capable of working, because the resources do not

exist in the communities that are most in need of a program for children in

schools.

Later on this week, National Children's Day has been

needs, hopes, and potential of all children. It is the anniversary of the

adoption of the United Nations declaration on the rights of the child. Canada

adopted a convention on the rights of the child in 1989, and the provinces and

the Federal Government committed to ending child hunger by the year 2000.

Where are we in this Province? We are nowhere. We cannot even

make sure that our senior citizens in government-run homes are fed properly

without a fight - a fight for dignity that at least senior citizens, at least

our elderly citizens, are able to fight for themselves and to get involved in a

campaign to shame this government into acting properly. The hungry children of

this Province are not in such a position. They are not in the position to go out

and articulate their need the way the senior citizens in the Lakeside Home were

able to do.

They are not able to do it because they are beaten down by

poverty. They are unable to learn properly in school because they go to school

hungry. This government has been told time and time again by members on this

side of the House, by reports that have been commissioned, by nutritionists, by

social workers, by people involved in the school lunch programs that children in

this Province are going to school hungry. The Minister of Education knows it. He

knows it because his schoolteachers know it, the school principals know it; the

teachers who are working in special education know it, that the children who do

not do well in school in many cases are not doing well because of the results

and consequences of poverty in their homes and their inability to obtain a

proper diet, and to get a proper nutritious meal.

This is a bit of a hidden problem. It is a hidden problem

because hungry children do not march in the streets.

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. HARRIS: I ask the hon. members opposite and the

government to address this problem and address it now.

MR. SPEAKER: The hon. the Member for St. John's West.

MS S. OSBORNE: Mr. Speaker, I would like to speak in

support of this petition. It has been shown by statistics from the food banks

that 75,000 people in this Province use food banks. Forty thousand of these

people are children. The Patricia Canning report in 1996 and the Williams Royal

Commission report in 1992 both showed that learning is affected directly by

hunger. We are sending 40,000 of our children to school every day hungry. We are

perpetuating the cycle. It has been shown -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please! Order, please!

The hon. the Government House Leader.

MR. TULK: Mr. Speaker, this person opposite has not

spoken that often in the House. I wonder if we could all just quiet down and

listen to her a little bit.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. John's West.

MS S. OSBORNE: Annette Stapenhorst, a known nutritionist,

has shown that it takes $125 a week for a family of four to have nutritious

food. Some families only have this amount for a month, after expenses. How, Mr.

Speaker, are they to be expected to give their children nutritious food to send

them to school? In schools where school lunches are available they are used

universally. The children in these schools take advantage of the school lunches,

and it is done with no discrimination to any of the children. I would like to

lend my support to the petition proposed by the Member for Signal Hill - Quidi

Vidi.

Thank you.

SOME HON. MEMBERS: Hear, hear!

Orders of the Day

MR. SULLIVAN: Mr. Speaker.

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

MR. SULLIVAN: Thank you, Mr. Speaker.

Under Standing Order 23, I ask leave to introduce a motion

for the adjournment of the House to discuss a matter of urgent public

importance, namely, the failure of the government to introduce economic

development in rural parts of the Province or to address key matters including

health care, education and out-migration.

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

MR. TULK: On a point of order, Mr. Speaker.

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

MR. TULK: The particular Standing Order that the hon.

gentleman refers to - the first thing you have to prove is that there is an

urgency, and the second thing you have to prove, you have to show to His Honour

in order to allow -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please! Order, please!

MR. TULK: There is no place on the Order Paper to allow

the debate on the issue with which the hon. gentleman is concerned. Mr. Speaker,

I do not have to remind you, but I suppose somebody has to remind the hon.

gentleman and it might as well be me, that under Standing Order No. 1, Address

in Reply, there is ample opportunity to debate any urgent matter that might

exist in this Province, even if it were of an urgent and pressing nature. I

would submit, Mr. Speaker, that the motion is not in order.

MR. SPEAKER: The Chair will recess to consider the matter

raised by the hon. member and report back shortly.

Recess

MR. SPEAKER: I have carefully considered the matter that

the hon. Leader of the Opposition has made, and I want to point out to hon.

members that in an emergency debate, the key is the urgency of the debate and

not the matter itself, and in so ruling, I refer to a ruling made by Speaker

Ottenheimer in 1975, when a similar situation came to the House. He said: In my

opinion, the matter is obviously urgent, obviously of public importance but I do

not concur that there is urgency of the debate at this moment.

I would also refer to a ruling of Mr. Speaker Lamoureux,

given in the House of Commons and available in Hansard of July 9, 1969, and he

stated: The motion is acceptable only if it concerns a matter that has

unexpectedly become urgent and not if it concerns a situation that has prevailed

for some time. If I understand correctly, the hon. member's comments, the

question is no doubt both important and urgent, but it has prevailed for some

time and the debating of it today, would not possibly change the situation, so I

rule that the motion is not in order.

MR. TULK: Mr. Speaker, I wonder if, before moving to

Orders of the Day, there are a number of bills that we gave Notice of Motion

for, the bills are ready I think or they will be ready before five to be

distributed, so that members might have the opportunity to study them, to look

at them before we call them. I am asking leave of the House to do first reading;

that is not a debating reading that is a first reading so that the bills can be

distributed. I am asking if we have leave to - they are the bills that we gave

first notice of this, eight or ten, ten or twelve if I have leave.

MR. SPEAKER: Does the hon. member have leave to introduce

the bills?

AN HON. MEMBER: No leave.

MR. SPEAKER: No leave?

AN HON. MEMBER: How many bills, how many (inaudible).

MR. SPEAKER: Order, please!

MR. TULK: On a point of order?

AN HON. MEMBER: How many bills are you asking about

(inaudible)

MR. TULK: Well I am just asking that you give us leave to

have first reading, no debate on them, so that they are passed out and members

have them so that tomorrow they will appear on the Order Paper as second reading

so that we can debate -

AN HON. MEMBER: (Inaudible).

MR. TULK: No, no. They are usually passed out at first

reading.

MR. SPEAKER: Order, please!

MR. TULK: I am just asking if I have leave.

MR. SPEAKER: Order, please!

The hon. Government House Leader. There was a notice of

motion given during that period today in the routine proceedings of a number of

bills. The hon. Government House Leader is now asking if he has unanimous

consent of the House to move on to the first reading of those bills, as I

understand him. Does he have -

MR. HARRIS: On a point of order, Mr. Speaker?

MR. SPEAKER: Order, please!

The hon. the Member for Signal Hill - Quidi Vidi, on a point

of order.

MR. HARRIS: Thank you, Mr. Speaker. I have no difficulty

giving leave to the Government House Leader to pass out these bills. I do not

know if he will get it but I have no problem personally but, can't the

Government House Leader give out copies of the bills anyway so we can all have

them?

MR. SPEAKER: The question is: Does he have -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

There is no point of order but the question that the hon.

member has raised and that the Chair is putting to the House today is: Does the

hon. member have leave to move to first reading of these bills?

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: No?

MR. TULK: No leave?

MR. SPEAKER: No leave.

Orders of the Day

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

MR. TULK: Orders of the Day, Mr. Speaker.

MR. SULLIVAN: Other provinces have given thirty days

before the House is open.

MR. SPEAKER: Order, please!

MR. TULK: All a bluff, the fact that they want to get

into the House, Mr. Speaker.

Order No. 2, Mr. Speaker, second reading of a bill, "An Act

To Amend The Wilderness And Ecological Reserves Act". (Bill No. 10).

Now we will see how eager they are to go get back in the

House and debate the issues of the day.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

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

Wilderness And Ecological Reserves Act". (Bill No. 10)

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

MS KELLY: Thank you, Mr. Speaker. I would like today to

continue the debate on the second reading of a bill, "An Act To Amend The

Wilderness And Ecological Reserves Act."

This amendment will provide for the establishment of

provisional reserves in our Province, allowing government to provide interim

protection to an area that is under active consideration for possible

designation as a wilderness reserve or as an ecological reserve.

Prior to designating such areas, already much of the work is

done before you reach the provisional reserve stage. The area's natural features

would have already been discussed, would have been determined. We would

determine what was unique, whether these areas would be unique or significant

enough to warrant protection. Already much of the work would have been done

before you reached the provisional stage. As well, WERAC - the Wilderness and

Ecological Reserves Council -, which advises on the suitability of provisional

reserves, would have already determined and advised government on areas that it

would wish to become provisional reserves.

The intent in designating an area which would be already

under consideration, to designate it as a provisional reserve, is simply to put

a moratorium on land that the advisory council and government have already

decided, or know, that it merits further consideration, study, assessment, and

needs further public consultation. Also, I should say that there is no other

legislative mechanism that can give the interim protection that the Wilderness

and Ecological Reserves Act, the protection that it can give in this area.

It is necessary to ensure that the resources of the area

under study are not compromised. Simply, we want to ensure that an area won't be

disturbed while we further study it. It is really important I think to do this,

because sometimes while we are assessing an area things could happen in an area.

Things like a cabin development, resource exploitation. I think all of us

realize the importance of the environment today and we would want to ascertain,

before we went and declared a provisional reserve, or an outright reserve, that

we know this area needs protection, and that we are protecting it provisionally

in the interim until it is studied completely.

This amendment also would further strengthen the strong

protection provisions already inherent in the wilderness and provisional

reserves act. It will further ensure that the unique and outstanding natural

heritage features of this Province are protected for present and future

generations. I think that this is what this is all about, protection of land for

the future. For those of us who live here now, but in particular for the future.

In areas in particular, looking at protecting it for waterfowl, for wildlife,

for flora and fauna.

In the past we have looked: at are there alternatives to

provisional reserve protection. We have considered several others. However,

neither of the alternatives that we considered are a comparable substitute for

ensuring the protection of candidate wilderness and ecological reserves. The two

alternatives that we looked at were Crown land reserves and public reserves.

We know that the Crown land reserve does not have legislative

standing. Basically it is an agreement between members of the interdepartmental

land use committee - I think it is called the ILUC - to honour, within a

particular area, a moratorium on Crown land applications for a defined period,

usually a maximum of one or two years. We know that this does not have the

legislative authority that this new act we are proposing today would.

Also, we looked at public reserves, and this would come under

the Crown lands act. The minister responsible may, by order, set aside and

reserve areas of less than 100 hectares for the purpose and period set out in

that order but of course the minister responsible may by order, with the

approval of the Lieutenant-Governor in Council, set aside and reserve land in

excess of 100 hectares. Also this designation would not provide to my

department, the Department of Tourism, Culture and Recreation, the power to

ensure that the natural features of a reserve area are not compromised during

the interim period. So while we looked at alternatives - and the alternatives

would have been Crown land reserve and public reserve - neither of these would

give us the necessary power required that we are seeking under this bill,

amending the Wilderness and Ecological Reserves Act.

We also note that when the Wilderness and Ecological Reserves

Act was passed in 1980, that government clearly recognized that this was a

vehicle to sustain development in this Province. I think we all know and I

notice that in all of the zonal board reports that are coming in now, their

strategic plans, that they all recognize the importance of sustainable

development in our Province. They all highly recommend that everything we do in

this Province, whether it is land protection, whether it is in our forest,

almost any area of our economy, they are certainly recommending and especially I

would note in our fishery, that whatever we do in the future, whatever

development we propose should always take into account the principles of

sustainable development.

Government, as we are putting in place such legislation as we

are talking about here today, certainly believe this is a vehicle to achieve our

goals of sustainable development. A conscious decision was made to set aside

natural areas of our Province for the benefit, education and enjoyment of all of

the people of our Province, of all of Newfoundland and Labrador. We recognize

that in some cases this would entail foregoing future opportunities, resource

opportunities in some areas and we know that we are, if we are to protect for

future generations, we must assess all of our Province to determine which areas,

in particular when it relates to protection of our wildlife, our flora, our

fauna and our waterfowl, that we have to look at all areas that need protection.

Under the wildlife reserves for instances, the minister

responsible may, subject to the approval of the Lieutenant-Governor in Council,

make regulations to set aside reserves in which wildlife or a specific class of

wildlife may not be hunted, taken or killed. The primary purpose of a wildlife

reserve is to protect a specific wildlife population. It does not necessarily

focus on protection of the natural habitant but more or less refers to the

protection of wildlife. This is why the former Avalon Wildlife Reserve was

established in 1986, as a wilderness reserve under the Wilderness and Ecological

Reserves Act.

Obviously, a wildlife reserve would not be appropriate for

the interim protection of natural features of our eco-regions reserves, fossil

reserves, rare plant reserves, other than a specific population of wildlife but

all of these pieces of legislation are important for protection in our Province.

The provisional reserve designation, which we are talking about here today,

provides a very strong interim protection measure for sites considered a

priority under our Wilderness and Ecological Reserves Act. In essence, it

prevents any further land alienation or development activity - in particular in

areas such as cottage development and ATVs, et cetera - which may prevent or

seriously jeopardize the future establishment of a reserve as a full reserve. So

what we are saying is all of these things must be considered, debated and

consulted about before we move beyond the provisional stage into the full

reserve stage.

It has been determined that there is no other suitable

legislative mechanism available that gives the high level of protection that was

previously offered by the provisional reserve status. This protection is

essential for ensuring that a site under active consideration is not compromised

during the period when the advisory council, government, and the public

undertake all of its consultative processes. Both the Wilderness and Ecological

Reserves Act, and the Parks and Natural Areas Division, have concluded that the

provisional reserve stage is of the utmost importance.

The Wilderness and Ecological Reserves Act was passed by the

Government of Newfoundland and Labrador on May 28, 1980, and the main purpose of

this act, that I would like to read here, is to set aside natural areas in the

Province for the benefit, education and enjoyment of present and future

generations. More specifically the Act provides for the protection and

management of selected natural areas from which economic, social, recreational

and scientific benefits may accrue if they remain in an unaltered natural state.

Such areas are reserved from industrial and resource extraction activities to

ensure that their inherent natural heritage values remain intact for the

enjoyment of future generations of Newfoundlanders and Labradorians.

The act, actually, is regarded as one of Canada's premiere

pieces of natural area protection legislation, and this amendment that we are

debating today is all a part of that process. Its particular strengths are the

requirement for a rigorous review process, including inter-agency and public

consultations.

Some of the public consultations, when an area is designated

a provisional reserve, have already taken place because many times it is the

public that comes forward to government, or comes forward to the Wilderness and

Ecological Reserves group to ask that we consider an area. Many times it is a

town council, sometimes it is a conservation group or an environment group, so

it is a very open-ended process. Also, the independence of the Wilderness and

Ecological Reserves Council, which reports to Cabinet through the minister, and

the requirement for a thorough review, including public consultations, before

changing or disestablishing a reserve, and I think that is an important point to

talk about also.

We often worry greatly that while we are putting lands under

protection, is it possible that if in the future they were needed for other

purposes that were designed, that the public had decided were of great

importance to the land, that you can disestablish, but I think that you would

only disestablish for emergency reasons, or reasons which were of very, very

great importance to us now or to future generations.

The act provides for the establishment of two types of

reserves: wilderness reserves, which I have described in a few short sentences

just a while ago, which provide for the continued interaction of living things

and their environment in larger, undisturbed, or relatively undisturbed,

wilderness areas.

Traditional activities such as hunting and fishing are

allowed to continue, and I know that many times when people think about reserves

they think, `Oh, there is absolutely nothing that can be done in a reserve', but

it depends on the type of reserve. I would like to say that we do not have

reserves in which absolutely nothing can be done.

In wilderness reserves, many groups are often very, very

worried that nothing can occur there, cabin development or anything else. It

depends on what is decided as the reserve is put in place, and many, many

traditional activities are able to continue.

Ecological reserves are usually smaller areas set aside as

representative of a natural region, or an eco system, or protect a rare or

unique species or natural phenomena. I think the summer when we announced that

we would like to make Burnt Cape on the Northern Peninsula a provisional reserve

it was for protecting of rare species. Actually, the designation that was sought

there initially came from geologists who were in the area, who also had

knowledge of rare flora and fauna, who looked at the fauna of that area and then

asked if Memorial and other universities would study it. When it was studied, it

was determined that there is in fact a species there that is found nowhere else

in the world and at that stage the community and many experts agreed that this

was an area that certainly needed protection and they have been lobbying strong

and hard since then. So, this is one of our priorities this year in bringing

forward this piece of legislation to enable that this area will be made a

provisional reserve and hopefully will go on to be a full reserve after much

public consultation has been done in that area.

I would also like to speak a little bit about the advisory

council that assists government in these endeavours. The Wilderness and

Ecological Reserves Act provides for the establishment of a Wilderness and

Ecological Reserves Advisory Council, for the purpose of advising Cabinet,

through the minister, on all matters in relation to the establishment,

management and termination of reserves and for the better administration of the

act.

Council members are appointed by the Cabinet. There are

eleven members with at least six representing the public and members may be

reappointed and the advisory council, I would like to read out to you, has

several generalized responsibilities. The examination of areas of the Province

to determine which are suitable for establishment of a reserve and the council

of course may also accept recommendations from the public in relation to the

establishment of or a change in a reserve and this is exactly what I just

described was true in the case of Burnt Cape or Burnt Island as it is commonly

known.

Also, they inform and seek comment from all levels of

government on areas determined as suitable for establishment as either a

wilderness or an ecological reserve. They also undertake the public consultative

process. They advise the Provincial Cabinet to establish provisional reserves or

in fact, full reserve status and I understand could also make comment on the

need to establish emergency reserves. They may make recommendations to Cabinet

on any proposed change in a reserve management plan or in fact can make

recommendations to us about the act.

The advisory council meets at various times during the year

to review proposals and to determine priorities and I should say that the

advisory council is a representative of all Newfoundland and Labrador and they

meet at least quarterly, usually on an annual basis.

Also, I would like to make a few statements about the reserve

establishment process. The establishment of a reserve includes an extensive

interdepartmental government review and public participation process. The

process as illustrated could mean that reserve proposals are initially reviewed

extensively by provincial and federal government departments and/or agencies.

Following these reviews, adjustments and changes are then

made by the Wilderness and Ecological Review Advisory Council and they

facilitate recommendations of provisional status to Cabinet process. If

provisional status that we are talking about here today is granted, then the

true public participation process begins and this consists of information

sessions and meeting with individuals and groups in the communities that would

be surrounding the proposed reserve.

This process then is followed by formal public hearings that

are always very well advertised as required by sections of the act. Then after

this the results of the government reviews and public hearings are then

considered by the Wilderness and Ecological Reserves Advisory Council. The

council then makes recommendations to Cabinet through my ministry for a final

decision on full reserve status. At the outcome of the process the reserve is

either established or the proposal is rejected and provisional status can be

revoked. Usually, though, I have to say that the process that is put in place

would usually mean that the reserve is established. In most instances the amount

of public consultation that even goes in before the reserve status - before the

provisional status - would lead on then into a permanent reserve status.

This act that we are discussing also provides for the

establishment of an emergency reserve. This can be done by the minister if an

endangered area is under examination by the Advisory Council and has been

determined to be suitable for reserve establishment.

I should say that while recognizing the importance of

preserving natural areas, the act also seeks to ensure that the areas will be so

chosen that they have as little impact as possible on industrial development. I

would like to say that this is often a concern of resource groups and of mining

groups, and of groups who look at our land and at the moment see that some areas

are being considered for designation. So I think it is important that when we

look at areas like this that we would then move in a timely fashion towards

either recognizing that it will be a full status reserve or it won't be, and I

think that is very important for the future development of the Province.

The act ensures that by providing for a rigorous review

process before reserves are established, and by creating the Advisory Council to

advise Cabinet on all matters relating to reserves, that due process is always

looked at, that we are protecting lands that need protecting but we are also

having a full public discussion on whether an area should be reserved or whether

it should be considered for other activities for industrial development.

I have a table here that provides a listing of reserves

established under our WERAC and I think all of you, as you note, would realize

that all over this Province government has endeavoured to ensure that precious

areas of our Province are indeed protected. One, of course, that is very

important not just from a protection point of view but also from a tourism point

of view, is the Cape St. Mary's Ecological Reserve which was established in

1983. This is a seabird breeding colony, and in particular a very important

over-wintering site. This reserve is a little over 1,000 hectares.

The Funk Island Ecological Reserve, which was one of our

first reserves that was put in place in 1983, is also a seabird breeding colony

which is about 20 hectares.

The Hare Bay Island Ecological Reserve was also put in place

in 1983, and this is an eider duck breeding colony which is 442 hectares.

The Gannet Island Ecological Reserve, also put in place in

1983, is a seabird breeding colony that is 202 hectares.

The Witless Bay Islands Ecological Reserve is a seabird

breeding colony also put in place in 1983, which is 141 hectares.

One that we hear quite a bit about from our tourists, the

Avalon Wilderness Reserve, put in place in 1986, is a caribou reserve and also

protects several very important ecosystems in our Province, and this is a rather

large reserve. It is 107 hectares, and very, very important to this area.

Then we have Mistaken Point Ecological Reserve that was put

in place in 1987, and the special feature is the protection of fossils. This is

295 hectares.

Another fairly large reserve is the Watt's Point Ecological

Reserve put in place in 1990, and this protects rare plants and special

ecosystems. This one is 3,090 hectares.

Table Point Ecological Reserve was put in place in 1990. This

also protects fossils and is 116 hectares, one of our smaller reserves.

Then, of course, the Bay du Nord Wilderness Reserve, which

was put in place in 1990, is this Province's largest reserve at this point. It

is 289,500 hectares and this protects waterfowl breeding sites and in particular

caribou and many other aspects as well. Then the Hawke Hills ecological reserve

was put in place in 1992, and this is a representative plant community it has as

its special feature and this is 131 hectares, a relatively small reserve. Then

Fortune Head ecological reserve was put in place in 1992 and it was during this

past few months actually, Mr. Speaker, that I visited this area and its special

feature is for fossil protection and this area is 221 hectares.

Then we have the West Brook ecological reserve that was put

in place in 1993 which is a Red Pine site and this is 1,074 hectares. Then we

have the Baccalieu Island ecological reserve which was put in place in 1995 one

of our most recent, and this is a sea bird breeding colony on an island that is

538 hectares. King George the IV ecological reserve, is the last ecological

reserve that was proclaimed by our government last year in 1996, and this is a

wet land, delta, waterfowl breeding site that has its special protection

features and this area is 1,841 hectares.

Now, we have two areas that are seeking provisional

ecological reserve status. This would be in Redfir Lake ecological reserve that

has been seeking this status since 1995 and this is a Jack Pine site which is

8,233 hectares and of course, the most recent that I have just described to you

is the Burnt Island or Burnt Cape some people call it, ecological reserve that

was announced this summer in 1997 as a rare plant site with 350 hectares.

Before I close, Mr. Speaker, I would like to outline some of

the benefits of protected areas and I think, most of us would know many of the

benefits. The perceived benefits of protective areas are usually limited to

wildlife enhancement and tourism. The more fundamental goal and far-reaching

benefits of natural protected areas include, the protected natural areas

provision are a fundamental component of any sustainable development strategy,

and I think in this Province, at this time, we certainly recognize that this is

very, very important to our future, that anything we do should be done from a

sustainable point of view.

Protected natural areas provide an insurance policy against

the loss of important ecosystems - we should environmentally accept developments

that live up to their expectations. Protected natural areas provide a full range

of ecological opportunities for future generations and I think this is one of

the m

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation1997-11-17
Typehansard
Volume / chapter1997-11-17
Languageen
Formathtm
SourcePROVINCIAL
Identifierf1d169992b9cf0cbf9b342e918712c0a6cdd569d

Source file is stored in the law ingest library (htm).