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May

3, 2016

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 21

The

House met at 1:30 p.m.

MR. SPEAKER (Osborne):

Order, please!

Admit strangers.

I'd

like to welcome to our public galleries today two relatives of Mr. Saul

Keefe who will be remembered during today's Honour 100 Commemoration. They

are Mr. Dean Brinton, great-nephew of Mr. Keefe, and Ms. Marie Keefe from

the Speaker's office who is the cousin of Dean Brinton.

Statements by

Members

MR. SPEAKER:

Members' statements today

are the Members for the Districts of St. John's Centre, Baie Verte Green

Bay, Torngat Mountains, Conception Bay East Bell Island, Placentia West

Bellevue and Harbour Grace Port de Grave.

The

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

MS. ROGERS:

Thank you, Mr. Speaker.

Mr.

Speaker, I am thrilled to stand here today to honour and congratulate

activists in our communities who are working hard to change the landscape on

mental health.

St. John's Centre alone, CHANNAL and volunteer-run Better Days are at the

forefront of our mental health movement every day, actively embodying the

critical praxis: not about us without us.

And

our new Community Coalition For Mental Health is developing a comprehensive

plan to implement substantive programs and, equally exciting, begin work

with RIAC in assisting refugees.

These advocacy groups remind us: depression will rank second only to heart

disease as the leading cause of disability worldwide by 2020. Recently,

lawyer Mark Gruchy spoke movingly to Waterford Valley High students about

his own experience with mental illness. He said, Stigma is about fear, but

resiliency comes from being part of a community you are the community

and you will build the community!

thank all these folks who are working on the challenge to build more

effective responses and mental health supports. I encourage all residents to

raise their voices and GET LOUD for mental health.

Let's all embody the Canadian Mental Health Association's campaign, GET

LOUD.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Baie Verte Green Bay.

MR. WARR:

Mr. Speaker, I rise in

this hon. House today to congratulate the Northeast Sabres of the Central

Newfoundland Hockey League in capturing the championship for the first time

since entering the league in 2013.

This

year, the league had four teams: the Exploits Blades; the Lewisporte

Seahawks; the Twillingate Combines; and the Northeast Sabres.

The

Sabres finished the 2015-2016 regular season with five wins, four losses,

and three overtime losses, good for second place. They faced the Exploits

Blades in the first round of the playoffs and swept the series in three

straight. The Combines got past the Seahawks in their playoff round to set

up a repeat final from the previous year between the Twillingate Combines

and the Sabres.

The

Sabres stole the first two games in Twillingate and came back to their home

rink, the Tommy Ricketts Arena in Baie Verte, and didn't disappoint the

standing room only crowd, turning in a dramatic overtime win to take the

championship.

Team

members are from all parts of the Baie Verte Green Bay District. I

congratulate Northeast Sabres Coach Lyndon Austin, the players, and all the

supportive fans of my district and look forward to next year.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

MR. EDMUNDS:

Thank you, Mr. Speaker.

rise in this hon. House today to recognize Susie Merkuratsuk, a young lady

from Nain who has proven that miracles do happen.

Over

a year ago Susie was diagnosed with TB-induced meningitis. She was medevaced

to St. John's where she slipped into a life-threatening coma. During

treatment, doctors discovered she was in the early stages of pregnancy.

first, the doctors were unsure if they'd be able to save Susie's life, let

alone see her through a full-term pregnancy. However, despite all odds,

Susie fought back. She slowly pulled out of her coma and at first was unable

to move due to the damages this serious disease had inflicted on her, but

she continued to push herself.

the last year Susie has managed to regain many of her abilities, and with

the help of staff delivered her baby. Her health continues to progress, and

although she may never fully recover from the devastation that meningitis

inflicted upon her, she was able to return home.

ask all hon. Members to join me in wishing Susie all the best as he

continues to fight back against a dreaded disease that has claimed so many

lives. She is truly an inspiration to us all.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

stand today in this hon. House to congratulate a group of volunteers for

undertaking a very valuable project. Mr. Speaker, I speak of Radio Bell

Island which has operated for the past five years at St. Michael's High on

Bell Island.

This

asset includes a group of volunteers from the community, an operation

manager but, particularly, students from St. Michael's High. The shows

program includes news, interviews, a talk show, call-in song requests,

culture, sports and history segments and everything else to catch the ear of

the preschooler to the seniors. The station has listeners in all parts of

the country, and as far away as France.

While the whole of the community benefits from the operations of the

station, there's one group that gains immensely; these being the students of

St. Michael's High, who were trained in every aspect of the techniques of

broadcasting, from interviewing, to research, to the use of technology.

I am

pleased to say, Mr. Speaker, that a number of these students who volunteer

have shown an interest in a career in the broadcasting industry.

Mr.

Speaker, I ask all Members to join me in congratulating Radio Bell Island on

their fifth anniversary.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Placentia West Bellevue.

MR. BROWNE:

Mr. Speaker, I rise in

this hon. House today to salute five students and two teachers from Pearce

Junior High School who raised an astounding amount of money during the

recent Shave for the Brave charity event.

Shave for the Brave participants commit to shaving their heads in a show of

solidarity for young adults who are battling cancer. I once participated in

it myself and I'm still waiting for it all to grow back.

The

participating students were: Claire Broders, Karen Sharpe, Emily

Fitzpatrick, Josh Kilfoy and Jonathon Symes. The teachers were Matthew

Peddle and Jonathon Hickman.

fact, Mr. Speaker, Claire Broders was the top fundraiser for all of Canada.

Her ambitious goal was to raise $3,000 and she ended up raising over $5,000,

almost half of the school's total. In total, the school raised a total of

$10,284, its highest amount ever.

ask all Members of this hon. House to join with me in thanking the students

and teachers, and countless Canadians who stand in the fight against cancer,

and in particular support of young people living with cancer.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Harbour Grace Port de Grave.

MS. P. PARSONS:

Thank you, Mr.

Speaker.

is with a heavy heart that I stand today to honour the life of five-year-old

Quinn Butt. The world was devastated to learn of her tragic death, which

occurred in Carbonear on April 24th.

Although her precious life was cut short, her impact continues to be mighty.

Those who knew her best say she was wise beyond her years. She loved to

dress up, wearing her mom Andrea's high-heeled shoes. She was a ballerina

but she also enjoyed playing hockey with her friends.

Quinn's favourite colours were pink and purple. Across the province over the

past week, splashes of pink and purple were front and center in her honour.

Mourners as far away as Italy donned pink and purple for Quinn and there was

a special light show at Magic Kingdom in Orlando, Florida.

More

than 3,000 people came out to light it up at the candlelight vigil in

Harbour Grace on Thursday night. Quinn's death is having a significant

impact on the lives of others. She is gone, but she will never be forgotten.

Quinn has captured the lives of many. Rest in peace little girl.

Colleagues, please honour Quinn Butt and cherish her life.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Before we recognize

Honour 100, I think it is only fitting that the private Member's statement

today is something that has touched not only everybody in this province, but

I think people around the world we take a moment of silence to keep Quinn

in our thoughts and prayers.

(Moment of silence.)

MR. SPEAKER:

Order, please!

The Commemoration

of the First World War and the Battle of Beaumont-Hamel

MR. SPEAKER:

For Honour 100 today, I

recognize the Member for Fortune Bay Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

will now read into the record the following 40 names of those who lost their

lives in the First World War in the Royal Newfoundland Regiment, the Royal

Newfoundland Naval Reserve or the Newfoundland Mercantile Marine. This will

be followed by a moment of silence.

Lest

we forget: Francis Kearsey, Patrick Keating, William Keats, Aloysius Keefe,

Saul Keefe, Mack Keepin, James G. Keeping, Solomon Keeping, Stanley Keeping,

William Kehoe, Albert Kelly, Daniel Kelly, Francis Kelly, James Joseph

Kelly, Michael Francis Kelly, Thomas Joseph Kelly, Edward William Kendall,

Michael Francis Kennedy, William Kenney, Martin Patrick Kent, Martin Keough,

Robert Kershaw, Aaron King, Alexander King, Arthur King, Ephraim King,

George Joseph King, Henry A. King, Jabez William King, John F. King, Joseph

Andrew King, William King, William King, William John King, William P. King,

Patrick Kirby, William Kirby, George Samuel Knight, Thomas Knight and

William Knight.

(Moment of silence.)

MR. SPEAKER:

Please be seated.

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Thank you, Mr.

Speaker.

Today the provincial government has released the transitional rules for the

HST rate increase in Newfoundland and Labrador. Our government knows that

this has been a difficult budget for people, but the magnitude of a $1.8

billion deficit leaves this province in a very serious financial situation

and this figure could have been much larger if not for our decisive actions.

Announcing transitional rules as early as possible helps to reduce the level

of uncertainty for businesses and consumers and allows businesses

sufficient lead time to implement the system changes necessary to implement

these rules. The details of the HST transitional rules can be found on the

Department of Finance website.

Mr. Speaker, transitional rules are required to

determine which tax rate would apply in respect of transactions that

straddle the July 1 implementation date. Under these transitional rules,

suppliers are generally required to charge the HST at the new rate of 15 per

cent on any purchases or considerations that becomes due without having been

paid, or is paid without having been received, on or after July 1, 2016 for

supplies of taxable property or services. Specific transitional rules will

apply to certain real property transactions.

Mr. Speaker, we have to make the right choices. While

these choices are not easy ones, they are necessary to put our province back

on track.

Thank you.

SOME HON.

MEMBERS: Hear, hear!

MR. SPEAKER:

The hon. the Opposition House Leader.

MR. HUTCHINGS:

Thank you, Mr. Speaker.

I thank the minister for an advance copy of her

statement. Mr. Speaker, many businesses, real estate agents and other sales

people would have been familiar with the transitional rules as this was a

decision of our government on January 1 to bring in the HST; however,

hastily rushed to cancel it by the government today and then flip-flop back

and made a part of this budget.

The Premier and Minister of Finance created not only

confusion among the business community but also confusion among consumers.

What's more concerning is that in their rash decision to cancel the HST, the

Premier and Minister of Finance also lost revenue for this province

somewhere in the range of $100 million. To put that in comparison, Mr.

Speaker, that's more than the Liberal levy will generate this year. That

certainly could have been avoided.

Mr. Speaker, $100 million is a lot of money. I wonder

how many libraries could have remained open, how many multigrade classrooms

could have been prevented, how many current bus routes for kids could have

been maintained.

Thank you, Mr. Speaker.

SOME HON.

MEMBERS: Hear, hear!

MR. SPEAKER:

The hon. the Member for St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr. Speaker.

I thank the minister for the advance copy of her

statement. An unusually complicated message for a Ministerial Statement, I

say.

I ask the minister: What is she planning to do to help

small businesses understand, prepare and navigate through the new complex

transitional rules? It's a great deal of new red tape for a small

enterprise. Will government provide training and guidance for administering

this new tax? A tax, I remind her, she campaigned on not increasing but did

when elected.

Thank you, Mr. Speaker.

MR. SPEAKER:

The hon. the Minister Responsible for Fire and Emergency Services.

MR. JOYCE:

Mr. Speaker, when disaster strikes, the time to prepare has already passed.

To raise awareness about the importance of being prepared, May 1-7 is

nationally recognized as Emergency Preparedness Week. This year's theme is

Plan. Prepare. Be Aware .

Mr.

Speaker, emergencies can come in the form of floods, fires, hurricanes, ice

storms, cold snaps, landslides and we experience all of these. That is why

it is so important to be prepared and have a plan. Everyone has a role to

play in being prepared for an emergency and Emergency Preparedness Week

encourages residents to take a few simple steps.

Knowing the risks specific to your community and our province can help you

prepare. Make a plan so you and your family know what to do. Get an

emergency kit so you are prepared to be self-sufficient for at least 72

hours in an emergency. For more information and resources I would encourage

everyone to visit

www.GetPrepared.ca .

Mr.

Speaker, I ask all Members of this hon. House to take an active role in

their community to help build a culture of preparedness. With your help,

together we can communicate the importance of emergency preparedness to all

Newfoundlanders and Labradorians.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Cape St. Francis.

MR. K. PARSONS:

Thank you very much,

Mr. Speaker.

want to thank the minister for an advance of his statement. We, too,

recognize May 1-7 as Emergency Preparedness Week. Mr. Speaker, I'd really

like to thank the volunteers in our communities, especially the volunteer

fire departments that do so much for municipalities to make sure that

they're prepared for any emergencies that can happen in their towns.

know, as a former mayor, that we work closely with the volunteer fire

department in Torbay, making sure that everything was done in our town so

that any emergency that took place, we could make sure that people knew

where to go to, what was available and stuff like that. It's very important

for communities, but it's also very important for us to be prepared in our

homes.

There are little things that you can do like make sure that there's water

available, make sure you have a flashlight, make sure there are batteries

for the flashlight and little things like that

MR. SPEAKER:

Order, please!

MR. K. PARSONS:

that everybody can

be prepared. We never know when an emergency can take place.

MR. SPEAKER:

Order, please!

MR. K. PARSONS:

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

thank the minister for the advance copy of his statement. It's good advice

that everyone should have a plan in place in the case of an emergency. I

encourage everyone to spend a little more time preparing for one with family

and/or loved ones. Emergency kits, muster points, contact procedures are all

excellent things to agree on ahead of time.

also suggest government have clear and reliable communication strategies in

place. They are so important when a disaster strikes.

Thank you, Mr. Speaker.

MR. SPEAKER:

The hon. the Minister

Responsible for Forestry and Agrifoods.

MR. MITCHELMORE:

Mr. Speaker, I rise

to advise the public about forest fire season, which began on May 1 on the

Island portion of the province and will begin on May 15 in Labrador. The

season ends September 30 on the Island and in Labrador.

Due

to the low snowfall this winter, we anticipate early drying conditions.

Residents planning to burn brush as part of spring cleanup activities should

be aware of how quickly fire can spread beyond their property.

2015, 70 fires were caused by residents in Newfoundland and Labrador, the

majority during May and June, when many people were burning brush. Some of

these fires were preventable.

Reducing the number of human-caused fires is an integral component of our

fire prevention program. A permit to burn is required under the

Forestry Act and can be obtained at no cost at regional or district

forest management offices throughout the province.

Mr.

Speaker, the lighting of fires for cooking and camping does not require a

permit, but certain forest fire regulations must be followed. Information on

those regulations can be found on the provincial government website at

www.faa.gov.nl.ca/forestry .

toll-free number is available to report forest fires during forest fire

season. The number is 1-866-709-FIRE (3473).

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Mount Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

thank the minister for the advance copy of the statement. When I received

it, I kind of hoped he'd come to the House dressed as Smokey the Bear today

and that's an image I haven't been able to get out of my head ever since.

We,

too, join with the government in encouraging safe practices among our

residents when having fires outdoors, whether it's burning brush, cooking,

or simply for recreational purposes.

vast number of forest fires are due to human error or negligence. Curbing

our behaviour and employing a more responsible routine can prevent these

instances from happening. We know forest fires can cause significant damage

to our environment, our personal property, and may potentially be fatal to

those caught in a fire, or to our brave women and men who fight them.

Before having an outdoor fire of any sort, please check the fire index,

consult with a local forestry management office, or visit the department's

website, as the minister said, but most importantly, use care and common

sense. And in the words of Smokey the Bear: Only You Can Prevent Forest

Fires.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

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

human-caused forest fires do cause too much destruction of our natural

habitat and people must learn to be more careful with fire outdoors.

I do

thank, though, the dedicated men and women of our many voluntary fire

departments who will be called to help professional firefighters combat this

season's forest fires. I hope the cutting of $400,000 from the department's

fire suppression and communications budget doesn't impede or make more

difficult the work these people do.

Thank you, Mr. Speaker.

MR. SPEAKER:

Order, please!

Oral

Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

The

Minister of Justice and Public Safety is on the record here in the House of

Assembly from his time back in Opposition when from time to time he asked

government to expand and improve the Adult Dental Program. He even talked

about the importance of considering the dignity of people. However, now the

Liberal government has reduced this program significantly, by $3 million.

Can

the Minister of Health clarify exactly what's been eliminated from the Adult

Dental Program and what he expects the impacts will be?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much for

the question, Mr. Speaker.

The

Adult Dental Program includes Foundation clients; it did before and it will

do afterwards. The changes were made to align the Dental Program with that

of other jurisdictions. The previous plan had been introduced at a time of

plenty, which is now long since passed.

Those clients of plans that were in the process of having work done prior

to the changes will have their applications processed in due course.

Thereafter, the plan is limited to Foundation Plan members.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

Thank you, Mr. Speaker.

Well, what we're hearing is that seniors cannot get their dentures.

Low-income workers, hard workers of Newfoundland and Labrador will no longer

be able to escape pain and suffering. They are left hanging in the wind.

This

is a most serious issue, Mr. Speaker. Treatments can expand for several

months and people are being dropped without notice. It's caused havoc for

patients, but also from dentists who are very concerned about this.

ask the minister: How can he justify such a decision that has such a

significant impact on people who need this very much-needed service?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

The

changes to the plan have been made to streamline it with other jurisdictions

in Canada. Folk who are in need of emergency services, as far as dental work

is concerned, will still be covered. That can be done through a separate

process.

Those folk who are already in the system, we appreciate they have

expectations and those will be honoured, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

know the Members opposite have been focused in the past on the least, last

and lowest, but this program was heralded as one of the best in the country

and now they're taking this service away from people who need it most.

Mr.

Speaker, with the closure of services and health care clinics in rural parts

of our province, the government is forcing people, especially those with

higher health care needs, to choose between living without services or

making very expensive moves to larger centres.

ask the Premier: Are the cuts to rural Newfoundland and Labrador part of

your stronger tomorrow?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

thank the former premier for his question. The cuts that we've seen or the

changes that we've seen in rural areas and in particular as a result of the

budget actions that have been taken really is part of a stronger tomorrow

for Newfoundland and Labrador. It's part of putting in place a better

foundation for Newfoundlanders and Labradorians.

is part of putting in place a foundation that is sustainable, unlike the

previous administration that made decisions not only in health care, but in

many other programs that we've seen in our province like reducing taxes to

the highest income earners in our province in 2007. These were not

sustainable tax decreases, essentially added up to nearly $4 billion. Four

billion dollars that I would say right now we could use to provide essential

health care services in all areas of Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fortune Bay Cape La Hune.

SOME HON. MEMBERS:

Hear, hear!

MS. PERRY:

Mr. Speaker, last evening

the Minister of Health stood on his feet in this House and said that the

enhanced breast screening program was cut by the Liberal government because

it was of no benefit to anyone. The response we've received to the

minister's statement was overwhelming. Mr. Speaker, 20 per cent of breast

cancers are found in women under 50. Wives, mothers, sisters and loved ones

are alive today because of early detection. Women should have a choice.

ask the minister: How can you state that breast cancer screening to women

under 50 is of no benefit?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

would just like to correct the Member opposite. I didn't mention anything

about enhanced breast screening last night. It is not me that is stating

that it is of no benefit to low-risk women under 50. It is the Canadian Task

Force on Preventative Health Care.

Their report out in 2011 was available to the previous ministers of health

sitting opposite who chose not to act on it. As a result, we have spent

money on services which have been of no benefit, created the worried well

and denied the opportunity to spend that money in areas where it would be

better spent.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Order, please!

The

hon. the Member for Fortune Bay Cape La Hune.

SOME HON. MEMBERS:

Hear, hear!

MS. PERRY:

Well thank goodness for

the webcast, Mr. Speaker, and it's travelling around on Facebook. Women in

this province who can no longer avail of that early detection breast

screening program are very, very upset, Mr. Minister.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MS. PERRY:

I say to the minister, we

know that the Minister of Finance has stated that they will not make

decisions based on who shouts the loudest, but I ask Liberal Members to tell

that to the cancer survivors who are alive today because of early detection.

say to the minister: As you rip clinics and health services away and make it

harder to see a doctor, how in the world is this not going to have an impact

on people's lives?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

The

Member opposite confuses the issue of asymptomatic low-risk individuals who

are in a position possibly to benefit from screening, and the evidence shows

that that does not occur under the age of 50. The confusion is people who

have symptoms or have concerns have free access to primary health care

across the province. They can raise those concerns with their primary care

provider. They can be assessed clinically and investigated. That has not

changed, nor will that change. We are simply trying to make sure that the

health care budget is spent in the most effective way for the benefit of all

Newfoundlanders and Labradorians.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

Thank you, Mr. Speaker.

Mr.

Speaker, many schools are starting to get the true picture of what Liberal

choices will mean. Parents are outraged with the reality that classrooms

will be combined with two grades in many schools throughout the province.

Grades three and four will share a teacher in classroom in many schools; the

same goes for fives and sixes.

ask the minister: How can you justify proceeding with full-day kindergarten

at the expense of older children who will now have to merge in combined

classrooms?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

SOME HON. MEMBERS:

Hear, hear!

MR. KIRBY:

Mr. Speaker, it

embarrasses me that the Member opposite has so little confidence in the

skill of our teachers in this province.

September, there will be 170 multigrade classrooms in this province, not

counting combined grades classrooms and there will be far fewer of them. We

have had multigraded classrooms for the 12 years that administration was in

power.

the Member now suggesting that those teachers who have been teaching in

multigrade classrooms all along are not qualified to achieve the educational

outcomes in the curriculum? Is that what he's saying? Those 170 teachers

this September in multigrade classrooms, is that what you're saying?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Mr. Speaker, what I am

saying is I do have a lack of confidence in the minister to make decisions

that will be in the best interest of the children and students of this

province.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

Will the Minister of

Education reconsider delaying implementation of full-day kindergarten? How

can you slash and cut teachers and programs from grades one to 12 while

spending approximately $100 million over the next three years on this new

program?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, as I said

last night here in the House of Assembly at great length, there's quite

enough evidence to show that the return on investment in our smallest

children is worth it. Plans were well underway. The previous administration

introduced this program and planned it for September. If they had such

austere concerns about it why didn't they pull the plug on it before they

let the train down the track before this government came into office.

We're trying to do what is best for children in Newfoundland and Labrador in

early year's education. In many provinces in Canada they have junior

kindergarten for four-year-olds. All the other Atlantic provinces have

full-day kindergarten. Why does the Member want us to stay behind the rest

of the country?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Mr. Speaker, the return

on the Dental Program is a good investment too, but they're not doing that

either.

According to the president of the NLTA, schools are being asked, and I

quote: place 'good' kids in the multi-grade class & place kids with needs

in other class. This is insulting and disgraceful.

Why

are school administrators being forced to make these decisions?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, no such

communication came from either the Department of Education and Early

Childhood Development or either of the two school districts. So I'm not sure

where the president of the NLTA is getting that.

The

president of the NLTA has also referred to students in combined grades as

leftover students. I would never refer to any one child in Newfoundland and

Labrador as a leftover. That sort of language is unbecoming of educators; it

is unbecoming of our profession.

Our

teachers are capable of teaching in multigrade and combined grade

classrooms, and that is a fact. The same as teachers in downtown Toronto

teach in combined grade classrooms and downtown Edmonton teach in combined

grade classrooms. Those are the facts. Let's have a little bit of respect

for the profession and clean the language up here, please.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Mr. Speaker, the

Opposition on this side, particularly, respect the education system.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

That's why we're

responding to the emails we're getting, the concerns we're getting from the

leaders in the education system.

Mr.

Speaker, as many as 2,400 students will be in multigrade classrooms in

September. The NLTA is on record stating this move will not improve student

achievements and will be the cause of poor student outcomes. We know this

will increase the workload and stress on teachers.

ask the minister: Will you put a stop to multigrade classrooms?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, we have had

multigrade classrooms in Newfoundland and Labrador since the beginning of

Newfoundland and Labrador's schooling system. There were multigrade

classrooms, over a hundred of them, in the school system starting last

September.

Every year that the previous administration was in power we had somewhere in

the order of over 100 multigrade classrooms in Newfoundland and Labrador. So

I don't know why the Member all of a sudden wants to change what has been

done in the school system for decades and decades and decades.

The

combined grades initiative reflects trends in the rest of Canada whereby we

are trying to achieve efficiencies in the teacher allocation formula. Our

teachers are qualified to do that. We have confidence in that. Why doesn't

the Member opposite?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Mr. Speaker, when the

Member was in the Opposition and the critic, he wanted to put education

forward, move it forward. What he's now proposing is moving education

backward again, Mr. Speaker, not good enough.

ask the minister: What supports and training will teachers receive to

prepare for multi-grade classrooms? What is your plan?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, when I was

in Opposition, I was decrying that over a two-year period that previous

administration cut no less than 238 teaching positons. That was one of the

things I was talking about over there, unlike this year where we are seeing

a reduction of just 73 in comparison.

As I

said, I have far more confidence in our teachers than the Member opposite

does. Many of our teachers have experience teaching in multi-graded

classrooms because we have had hundreds of them over the past decade in this

province.

Many

of them have received professional development training in the area of

differentiated instruction, which is key and crucial to teaching in this

area. If there is additional professional development, we will see that it

is provided. If there is PD needed, we will have it.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Mr. Speaker, it took us a

decade to cut the number of teachers that this minister cut in one budget.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

Yesterday the Minister of

Education called a news conference to defend the recent announcements

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. BRAZIL:

that 54 libraries would

close. Instead of saying that he would listen to the concerns of the public,

the Minister of Education blamed the media, saying that these people are not

getting the full story. This, just days after the Finance Minister said that

the people did not understand the budget.

ask the Premier: Your ministers are not taking responsibility for any of the

budget decisions; will you?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I know that

the previous minister of Finance, Mr. Wiseman, had some difficulty with math

but now it's obvious that the Member opposite has great difficulty with it

as well.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. KIRBY:

He says that over a

course of a decade, they didn't cut as many teachers as we did. In 2013, the

previous administration cut 160 positions. In 2015, they cut 78 positions.

This year the reduction is 73; 160 plus 78 is greater than 73.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

The

hon. the Member for Conception Bay East Bell Island.

MR. BRAZIL:

The Minister of Education

said that he encourages people to send him their feedback, but he also said

unequivocally that there will no changes made to the budget for education.

ask the minister: How are you listening if you're not willing to make any

changes?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I've spent

hours since the budget was released explaining to people the evidence-based

decision making that went into this year's budget. We're trying to explain

to people, despite all of the sort of overblown, hysterical machinations of

the Official Opposition the Official Opposition likes to take

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. KIRBY:

things and twist them

and spin them.

For

example, the Member openly admitted he has no idea that we have had hundreds

and hundreds of multi-grade classrooms in this province over the course of

when they were in Opposition. He's completely ignorant of that fact. He has

no idea of the true nature of the teacher reductions that happened by their

own administration. I think you first educate yourself on what you did

before you try to start telling us what to do.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Order, please!

Before I recognize the Member, the constant interruption by certain Members

during Question Period is unacceptable.

The

hon. the Member for Conception Bay East Bell Island.

SOME HON. MEMBERS:

Hear, hear!

MR. BRAZIL:

Thank you, Mr. Speaker.

I do

realize the minister is getting very defensive, particularly something that

is overblown by the NLTA, by the Federation of Students unions, by a

multitude of parent groups and organizations here, Mr. Speaker.

ask the hon. Member: Changes are coming to school busing, changes which will

impact 30 schools, 17 communities; 37 less buses will be on our roads, which

will result in changes to opening and closing times of schools.

ask the minister: Can he clarify what is your plan for busing in September?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, I've been

waiting for this to come up. Under the previous administration there were

regulations imposed on the busing industry in this province that increased

the cost of purchasing a bus by tens of thousands of dollars. Previously,

bus operators were buying buses in the order of $20,000 and using them for a

small number of years. The previous administration insisted on the purchase

of buses to the tune of over $100,000 per unit. Well, guess who pays for all

of that?

Our

busing costs have skyrocketed as a result of the poor administration and

management of the previous government. Our busing funding has now gone up to

close to $60 million a year because of their decisions. They went in and

wrecked it and now we have to pay for it.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

So from what I'm hearing

here, Mr. Speaker, safety and school bus travel time is not important to

that administration over there. Shameful, Mr. Speaker, shameful. No wonder

that parents are rightfully concerned.

ask the minister: Will school-aged children be on the road longer before

they arrive in the schools? How does this change reflect the stronger

tomorrow for kids that you promised?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, the school

district has made changes to routes for busing as a result of the

skyrocketing cost of busing in this province that was stimulated by changes

the previous administration insisted on.

are spending millions and millions more this year than the previous one on

busing contracts that are negotiated with that industry. The school district

is trying to grapple with that. As a result, they're doubling up some runs.

We do realize that causes some inconvenience for parents and students but

we're in a difficult situation and we simply don't have millions of dollars

to pay for the errors made by the previous government.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Cape St. Francis.

SOME HON. MEMBERS:

Hear, hear!

MR. K. PARSONS:

Thank you, Mr.

Speaker.

Municipalities have been given a one-year reprieve before libraries are

closed.

ask the minister: How many of the 25 municipalities have been asked to make

decisions on future operations of the libraries in their towns?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, this

government has come to the realization in collaboration with the public

libraries board that the libraries we're going to need into the future are

far different than the ones that we've needed in the past.

Twenty-five of the libraries in this province that are operated by

municipalities, we will have communication in those instances. We will have

collaboration with communities. We are hoping that over the course of the

next year municipalities will have an opportunity to take on the operations

of community libraries, if they choose.

the meantime, the public libraries board is going to be working on the

development of 41 regional libraries to create a more robust service, rather

than the withering one that the previous administration resided over.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Cape St. Francis.

MR. K. PARSONS:

Thank you, Mr.

Speaker.

wonder is the minister listening, actually listening to the people who use

these libraries?

Mr.

Speaker, municipalities were pleased to see the funding that we put in place

last year remain the same in the budget.

ask the minister: Are you asking municipalities to spend this funding to

keep their libraries open?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Municipal Affairs.

MR. JOYCE:

Thank you, Mr. Speaker.

The

question is: Was there ever any request to municipalities to take funding

from the MOGs? The answer is absolutely, no.

What

we will do, we will deal with municipalities because we know this is a

service in a lot of municipalities that a lot of people want in their

communities. Municipalities have contacted me already and said: What can we

do to help with this? How can we help with these services?

for the Member to suggest that there's any form of forcing municipalities to

take any part of their MOG is absolutely false, absolutely incorrect. It was

never discussed by me or any official in our department.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Cape St. Francis.

MR. K. PARSONS:

Mr. Speaker,

municipalities run their budgets on no deficits at all. So they had the

funding allocated. How are they going to pay for it? There's added funding

to come here.

Most

municipalities are paying for heat and light, cleaning, snow clearing and in

some cases, like the Town of Pouch Cove, the town also contributes $8,200 to

an after school program in library hours.

ask the minister: How can you expect municipalities to pay more when they're

already doing their part?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Thank you, Mr. Speaker.

The

idea is that over the next year 25 municipally located libraries will have

an opportunity to be transferred to the local level. That may be

municipalities in some cases may choose to operate them themselves. In other

instances that may be local groups, community groups, service groups. We're

not sure.

are ensuring that over the transitional period that individual plans are put

in place that respect the individual unique circumstances in our

municipalities in our communities and all of the strong ties that we are

aware that are associated with these library facilities in communities. None

of that is lost on the government, Mr. Speaker.

MR. SPEAKER:

The hon. the Member for

Cape St. Francis.

SOME HON. MEMBERS:

Hear, hear!

MR. K. PARSONS:

Thank you, Mr.

Speaker.

What

is lost on this government is the amount of money that municipalities will

now have to come up with to keep these libraries going. These libraries are

important services in rural Newfoundland, and I talked to all the rural

MHAs. In rural Newfoundland there are seniors, young people using these

services.

How

can we expect municipalities that are struggling in rural Newfoundland to

come with more money to keep a service that all their residents want?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Municipal Affairs.

MR. JOYCE:

Mr. Speaker, I find this

kind of odd, the fear mongering with the municipalities. Mr. Speaker, fear

mongering with the municipalities, giving them some impression that we're

going to force them to take on an extra load. This is consultation.

noticed the Member, Mr. Speaker, hasn't talked about the $350 million extra

for capital works that is going to be in municipalities. He hasn't talked

about the funding ratio that stayed in place. He hasn't talked about how

many municipalities the president of MNL is thanking the government for

all the work they've done because rural Newfoundland is going to be stronger

with all the money that's going to be put into water and sewer through

capital works, through infrastructure. You haven't mentioned anything like

that because all he wants to do is fear monger.

Shame on the Member, I say, Mr. Speaker. Let us have the consultation with

the Members. Let us have a consultation with the councils. Let's sit down

and let's all work together. Let's not be heavy handed like the previous

government did with many municipalities.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Opposition

House Leader.

MR. HUTCHINGS:

Thank you, Mr.

Speaker.

Mr.

Speaker, in an April 9 interview the Minister of Finance stated: every

decision we make will impact somebody somewhere and probably not in a good

way. There are many people who would like to learn the true impacts on the

Liberal's tax and fee hikes on our bottom line

I'll

say to the minister: Why not develop an online calculator where people of

all incomes could determine how the budget impacts them including all taxes,

fees and the Liberal levy?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker,

yesterday the government announced the new online calculator for low-income

residents, which is a user-friendly way for determining the approximate

benefit that those low-income seniors would receive as part of the

Newfoundland and Labrador Income and enhanced Seniors' Benefit that we

announced in Budget 2016; $63.7 million in the new Income Supplement and

$12.7 million in the enhanced Seniors' Benefit.

The

tool we launched yesterday will help those low-income residents estimate how

much money they will receive quarterly. In addition, online we have also

posted how the supplement and the Seniors' Benefit will be paid, and we've

also posted information about the temporary deficit levy.

look forward to another question, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I'm

really happy the minister has started this because the tool, the so-called

tool, is supposed to help people she led us to believe to figure out

whether they were going to be losing or gaining. Well, Mr. Speaker, it does

nothing of the sort. All they can figure out is whether or not they're

eligible and how much they're going to get.

So I

ask the Premier: Where in the calculation do we find the full impact of all

the tax and fee changes contained in Budget 2016?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Thank you, Mr.

Speaker.

look forward to providing the remainder of the answer that I was providing

the Member earlier.

Also

available online is the information about how the supplement and the

Seniors' Benefit will be paid, as well as the information about the

temporary Deficit Reduction Levy. Including the total increases in taxes

payable, outlined in taxable income ranges, as well as the technical

information about how the levy will be collected.

I've said in this House repeatedly since the budget, the new quarterly

Income Supplement helps the most vulnerable people in our province by

providing very good supportive measures to soften the impact of the tax

changes on lower income earners.

Mr.

Speaker, I have begged the Opposition to come for briefings, maybe they'll

do it now.

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MS. MICHAEL:

One of my constituents

said today in an email: I'd tell the minister, I know how to read and I can

figure it out for myself.

SOME HON. MEMBERS:

Hear, hear!

MS. MICHAEL:

Mr. Speaker, we know how

to read and we have figured it out and we've done the math.

ask the Premier, why he and his government are refusing to be open and

transparent about the total cost of Budget 2016 on middle- to low-income

people and seniors.

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

the Member opposite with the question, one thing I would like to ask and

get some more information from her and the people that she is talking to.

Why is it, Mr. Speaker, that she refuses to use the word, temporary? She

never uses the word temporary. As a matter of fact, all we've heard in

this House for the last 2 weeks is about the impact. We have mentioned

this as well.

The

Member opposite always refuses to talk about the Income Support measures

that we have put in place. We've put some of this information online. We're

working. It is complex, as you know, because you have to know where the

individuals are, where the family would be in terms of the tax tables and

tax calculations that impact it.

ask the Members, all Members in this House, when you're having the

discussion, when you're having the dialogue with your constituents, let them

know what other options are available for them as well.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

When

the minister guaranteed me last week she would put up an online tool so

people could get the real facts on how the budget would affect them, I

believed her. I thought, great, but her calculator doesn't tell the whole

truth. Working families are in shock from how hard they are getting hit by

her budget.

Mr.

Speaker, I ask the minister: Will she put up a real online tool that shows

the real facts of budget impacts of the extra fees, taxes, cuts and her levy

on her working people, a real calculator with the real facts?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, the

information we have posted on the Finance website and the government website

provides all of the details. I can assure the people of this House that the

31 Members on this side, I'm sure like the Members opposite, are answering

questions from their constituents on a daily basis.

would be certainly helpful if the Members opposite would agree and agree

to sit down and have a discussion so they can have the same information for

their constituents that our Members on this side have for theirs. If the

Member opposite would like to do that, I can make that arrangement this

afternoon.

can assure the Member opposite that the circumstances in our province today

require very difficult choices. We know these are difficult for the people

of the province, Mr. Speaker. We understand that.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Mr. Speaker, when I said

this budget was hurting poor people in my district, the minister said I was

fear mongering. That's their favourite word this week. The facts are the

facts; a person earning $25,000, even with the Income Supplement will be

almost a thousand dollars in the hole with all the extra fees, taxes, losses

and the levy.

Mr.

Speaker, I ask the minister

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MS. ROGERS:

Why is she denying how

this budget hurts the working poor?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Order, please!

remind the House that this is going to work both ways. I'm going to reset

the clock for the Member for St. John's Centre. I'm asking for order.

The

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

MS. ROGERS:

Mr. Speaker, last week

when I said this budget was hurting poor people in my district, the minister

said I was fear mongering, but the facts are the facts. A person earning

$25,000 even with the Income Supplement will be almost $1,000 in the

hole with all the extra fees, taxes, losses and the levy.

ask the minister: Why is she denying how this budget hurts the working poor?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, the

Member opposite also heard in this House last week a Member from the

Opposition say that somebody was going to pay an extra $1,000 on tax related

to insurance.

Mr.

Speaker, in the context of that, that individual the Member opposite would

have referred to would have had to own a $500,000 house, a boat, a car and

an RV.

Mr.

Speaker, the Member opposite just threw out an example of $26,000. I would

implore her to meet with Finance officials to understand the details between

taxable income and non-taxable income so we can get the accurate information

into the hands of her constituents, as well as the constituents on this side

of the House, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time for Question

Period has expired.

MS. ROGERS:

(Inaudible).

MR. SPEAKER:

Order, please!

The

time for Question Period has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Tabling of

Documents

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Thank you, Mr.

Speaker.

Yesterday, in the House during Question Period, the Member for St. John's

Centre asked this particular question. She wanted to know, I quote: Mr.

Speaker, the minister has put $20 million into a special pot of funding to

dole out instead of keeping much needed libraries, schools and dialysis

units open. She asked: Is the $20 million a slush fund for the Minister of

Finance to do as she sees fit?

Mr.

Speaker, I am here to table today the background information for that line

item in the Estimates. As this document will show, this $20 million was for

federal infrastructure initiatives, to leverage federal infrastructure

initiatives that will be used to ensure that Newfoundland and Labrador has

the ability to access new federal funding such as the social infrastructure

programs announced in the federal budget in 2016-17.

Program details are now being provided by the federal government in several

areas, such as the new federal program for post-secondary infrastructure

through the new federal strategic infrastructure fund, and details of the

new clean water wastewater program.

Mr.

Speaker, I would argue those are not slush fund items and I resent the fact

that that was the way the Member yesterday posed her question.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further tabling of

documents?

Pursuant to

section 8 and

section 10 of the

Public Tender Act , I hereby table

the report of the Public Tender Act exemptions for March 2016, as presented by the

chief operating officer of the Government Purchasing Agency.

Notices of Motion.

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

SOME HON. MEMBERS:

Oh, oh!

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

must be my younger legs, Mr. Speaker; that's all I can say.

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

Parliament assembled, the petition of the undersigned residents humbly

sheweth:

WHEREAS the Deficit Reduction Levy is an extremely regressive surtax,

placing a higher tax burden on low- and middle-income taxpayers; and

WHEREAS surtaxes are typically levied on the highest income earners only as

currently demonstrated in other provinces, as well as Australia, Norway and

other countries; and

WHEREAS government states in the 2016 provincial budget that the personal

income tax

schedule needs to be revised and promises to do so;

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

House of Assembly to urge government to ensure that the Deficit Reduction

Levy be eliminated and any replacement measure be based on progressive

taxation principles and that an independent review of the Newfoundland and

Labrador provincial income tax system begin immediately to make it fairer to

Newfoundlanders and Labradorians.

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, I am happy once again to bring this petition forward. The one I

have in my hand today includes people from St. John's, from Portugal Cove,

from Gambo quite a number from Gambo from Mount Pearl, Hare Bay and they

keep coming in. People are concerned all over the province. I wish this

government would listen to what people are saying, get rid of this levy

which is going to be a real burden on people and let people focus on the

real issues that need to be focused on.

People continue to send in their reactions to us and I have in my hands

today an email from a 69-year-old retired woman saying: Thank you for

absolutely nothing. She is talking about the levy, the head tax she's

calling it. I planned my retirement so that I would have no outstanding

bills and to have my senior years affordable nothing fancy no big house;

no big SUV gas-guzzler; I'm not interested in travelling (did that years

ago). I just wanted some peace after working 47 years. You've taken that

away. So I'm thinking the best thing to do is to 'take myself away from this

hole' that's her word and the shortmindedness of governments here .

Mr.

Speaker, these are the strong words that we're getting from people all over

the province, the people who are signing this petition, the people who know

what the impact on them is going to be; senior citizens, retirees like this

woman who lives from month to month on fixed income. They plan their budgets

very, very closely, as this woman said. She did her travelling when she was

making money. I will be happy to bring their voice continually to the House.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's North.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

Mount Pearl North, Mr.

Speaker.

MR. SPEAKER:

Mount Pearl North, my

fault.

MR. KENT:

Thank you.

I am

rising to raise a petition on behalf of residents of St. John's and Mount

Pearl, actually, today. This petition is signed by residents of St. John's.

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

Parliament assembled, the petition of the undersigned residents of

Newfoundland and Labrador humbly sheweth:

WHEREAS an extension is urgently needed at St. Peter's Primary school in

Mount Pearl in order to accommodate full-day kindergarten and the growing

school population;

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

House of Assembly to urge government to clarify its position and plan so

that St. Peter's Primary and other schools in Newfoundland and Labrador can

properly accommodate students when full-day kindergarten commences in

September 2016.

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, I'm glad to have an opportunity to raise concerns on behalf of

parents and families of St. Peter's Primary, both in St. John's and Mount

Pearl once again. I'm pleased to say that recently I did have some

express a number of concerns and make some constructive suggestions on

behalf of parents and others in the community as well.

Despite the fact our extension won't be ready for this fall or even next

fall it will be ready for September 2018, I'm assured there are things

we can do to make the best of a bad situation over the next couple of years.

That's what I'm calling upon on behalf of my constituents, calling upon

government and the school district to do just that.

For

instance, we have a situation currently, but this September it gets even

worse. We have an overcrowded school in Mount Pearl significantly

overcrowded where there's going to be a couple of modular classrooms

added, there's going to be four classes where team teaching is taking place,

yet down the road at Mary Queen of the World School also in Mount Pearl

there will be six empty classrooms in September six empty classrooms.

yes, it will cause some disruption, yes, there is a downside to forcing

students and families to move and staff to move, but it's unacceptable that

we're going to have an overcrowded building with modular classrooms and team

teaching while down the road we have a building with six empty classrooms as

of September. Both great schools, both with great administration and staff,

and I believe there is a solution here, Mr. Speaker.

One

suggestion that has been endorsed by many parents is creating a French

immersion stream at Mary Queen of the World. It would deal with some of the

overcapacity issues at St. Peter's Primary, it would fully utilize that

space that's available, and it would take some of the pressure off St.

Peter's Primary at the same time.

So I

think that's one viable suggestion. If the department or the school district

has other suggestions about how to make use of this space and address the

overcrowding and space issues at St. Peter's, then we would welcome those as

well.

Thank you, Mr. Speaker.

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

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

Parliament assembled, the petition of the undersigned residents humbly

sheweth:

WHEREAS a Deficit Reduction Levy is an extremely regressive surtax, placing

a higher tax burden on low- and middle-income taxpayers; and

WHEREAS surtaxes are typically levied on the highest income earners only as

currently demonstrated in other provinces, as well as Australia, Norway and

other countries; and

WHEREAS government states in the 2016 provincial budget that the personal

income tax

schedule needs to be revised and promises to do so;

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

House of Assembly to urge government to ensure the Deficit Reduction Levy be

eliminated and any replacement measure be based on progressive taxation

principles and that an independent review of the Newfoundland and Labrador

provincial income tax system begin immediately to make it fairer to

Newfoundlanders and Labradorians.

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, the petitions are coming in the office daily and they're coming

from all over the province. People are hurting. This budget is hurting

working people. Some people, of course, many of us can tighten our belts a

little bit and do something about the current fiscal situation we are in,

but for some people the budget is actually hurting them. They do not have

any notches left in their belt to tighten.

The

minister keeps talking about her Income Supplement the Income Supplement

is a good idea, Mr. Speaker, but what she needs to do is she needs to look

at the LICO. She needs to look at the Low Income Cut-Off, how many people

I don't know if she's even realized how many people she's actually pushing

into poverty by the regressive nature of the budget and the regressive

nature of the taxes that she's done.

Instead, she should be looking at, at this time, how we can lift people out

of poverty. Somebody had said this doesn't just hurt people who are falling

between the cracks; this is actually pushing them down in between the

cracks. The facts are the facts.

I'm

sure the minister didn't intend to do this. I'm sure government didn't

intend to put such a heavy burden on the working poor and on poor people,

but with the increase in HST, the increase in the gas taxes, the levy, also

losing the Home Heating Rebate, losing the provincial portion of your HST

rebate, the load is too heavy. It is unfair; it is unequitable.

believe government didn't intend to do this, but they have done it and they

have to stop and look at the facts. They have to stop and look at the real

impact on people's lives across the province because the impact is dire and

the resistance to it is growing. It's not going to go away.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

It's

an honour to stand in this House and present a petition that I received in

my office.

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

Parliament assembled, the petition of the undersigned residents of

Newfoundland and Labrador humbly sheweth:

WHEREAS Budget 2016 closed the Advanced Education and Skills office in

Bonavista; and

WHEREAS the residents of Bonavista and surrounding communities require and

deserve an appropriate level of service;

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

House of Assembly to urge government to reconsider its decision to close the

Bonavista Advanced Education and Skills office.

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, I have a number of sheets here signed by people from various

communities in the surrounding area that the Bonavista office served, from

Catalina, Little Catalina, Bonavista and the other communities around that.

Daily, we're getting petitions in from various communities, particularly

around the services that have been cut. The AES office is one that is near

and dear to people's hearts because it offers a multitude of services for

people, particularly in rural communities. It offers something that is a

hand up versus a handout, Mr. Speaker. I mean, we're talking about

employment programs. We're talking about being the focal point for people

who may want to look at the employment skillset that they may need.

They

may want to look at what jobs are out there. How do they access those?

That's what our AES offices were very capable of doing. Making that

connection, providing the services that people needed.

had the privilege for 25 years of working in the AES system. I know all

around the province the benefits they provide to their citizens. They're

unique, but at the same time they're uniform. That everybody in this

province has access to proper services.

talked about employment, but we talked about education. We talked about

Adult Basic Education. How people who sometimes are reliant on offices like

that may need some additional supports and some additional guidance. The ABE

program was a key one that partnered with the AES offices. The employment

counsellors there, the intake officers, had a direct connection with the

community based ABE programs or the college based ones over the years.

Income Support; people who are reliant when they have no other form of

income, Income Support is a key component for their survival. It's very

important. There are all kinds of nuances and all kinds of processes to go

through to ensure you get what's adequate enough for your survival and to

make sure you do it in an equitable way. If you happen to be able to move

forward, you have a process to tell the officers that you've made a step

forward, you're no longer in need of Income Support. So that down the road

you don't get hit with this bill because unbeknownst, money kept going into

your account.

talked about housing. In a lot of these communities Newfoundland and

Labrador Housing doesn't have an office. So the AES office is that link

between affordable housing and, particularly, subsidized housing in some of

these communities. It's a very important service that was being offered to

the people through the AES offices. All eight have similar programs and

skillsets by the trained employees who could offer that to individuals.

SOME HON. MEMBERS:

Oh, oh!

MR. SPEAKER:

Order, please!

MR. BRAZIL:

There are a multitude of

services they offer in the communities, Mr. Speaker.

want to conclude by saying, every day I will get up and talk about the

closure of AES and encourage government to reconsider.

Thank you, Mr. Speaker.

MR. SPEAKER:

Further petitions?

The

hon. the Government House Leader.

MR. A. PARSONS:

Mr. Speaker, I call

Orders of the Day.

Orders of the Day

MR. A. PARSONS:

I call from the Order

Paper, Order 6, second reading of Bill 24.

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Mr. Speaker, I move,

seconded by the Government House Leader, that Bill 24,

An Act Respecting

Insured Medical And Hospital Services In The Province, be now read a second

time.

MR. SPEAKER:

It is moved and seconded

that Bill 24,

An Act Respecting Insured Medical And Hospital Services In The

Province, be now read a second time.

Motion, second reading of a bill,

An Act Respecting Insured Medical And

Hospital Services In The Province. (Bill 24)

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

SOME HON. MEMBERS:

Hear, hear!

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

way of background, the payment of medical and hospital services in this

province is currently governed by two pieces of statute and by two separate

plans.

The

first of these is the Medical Care Plan, which covers services provided by

physicians and dentists, is governed under the hospices of the

Medical Care Insurance Act, 1999 . The second, the Hospital Insurance

Plan, which covers those services provided in a hospital is set out in the

Hospital Insurance Agreement Act .

These acts have been in place for almost 50 years. While these acts have

been amended occasionally over the years, these have been mostly of a

housekeeping nature.

It's

time to modernize this legislation to ensure it complies with the principles

of the Canada Health Act , which in

actual fact, both of these old statutes predate. The new legislation is also

required to strengthen financial accountability of those who provide and

receive medical and hospital services funded by the province.

Since the inception of medicare in our country and province the world has

changed greatly. Travel between provinces and countries have become easier

and more accessible. People are generally more mobile. They travel between

provinces and countries to work and vacation, and they also travel to seek

medical treatment.

The

province's legislation needs to keep pace with that reality and the reality

that our world is a smaller place. It's time to adopt new legislation which

meets the current needs of the beneficiaries who are eligible for coverage

and who require medical or hospital-insured services, the physicians and

dentists who provide those services and finally, the province, which is the

primary funder of medical and hospital services.

highlight the key changes, this single new

Medical Care and Hospital Insurance

Act will cover both medical care and hospital insurance plans. It

contains a number of changes which I'll reference now. The first and most

obvious is the change from two acts to one. The current

Hospital Insurance Agreement Act

contains six sections with two of those sections being identical to sections

in the current Medical Care Insurance

Act, 1999 .

Upon

review, it was felt, given the similarities in acts, two separate acts were

not necessary and that the eligibility for hospital services could be

adequately covered in the same act that also addressed eligibility and

payment for medical services. It is important for both beneficiaries and

practitioners that the rules regarding payment by the province for medical

and hospital services are clearly set out. One act will help achieve that

objective.

The

second issue and changes speak to confidentiality of information. While

there continues to be a general requirement to maintain confidentiality of

information gathered under the new act, there are a number of exceptions

including the authority to release demographic information only to the

director of Support Enforcement in the Department of Justice and Public

Safety. There have been issues where people have vanished from the

jurisdictions of both of those and yet obviously continue to maintain active

registration with the Medical Care Plan. That has produced some challenges

for law enforcement and Support Enforcement.

Under the Confidentiality of Information, the authority in the act will

allow MCP data also to be accessed to obtain a recent address for those

individuals who have either unpaid amounts owing on child and spousal

support. Personal health information of these debtors however will not be

disclosed.

The

third issue that is readdressed or newly addressed is the phenomena of extra

billing. The act prohibits medical and dental practitioners from both opting

out of MCP and billing their patients over and above the rates set out in

the MCP payment schedule.

One

of the pillars of medicare is that insurance services ought to be provided

to beneficiaries free of charge. The prohibition on extra billing will

ensure that patients will not have to personally pay for those medical

services that are covered under MCP. For those who are not familiar, extra

billing is a practice whereby a practitioner who has opted out would

normally bill the patient directly rather than the health care plan. The

problem with that is some practitioners have actually billed an amount

greater than that is possible to be claimed back from the province under the

plan and the patients have been left out of pocket.

This

prohibition on extra billing is actually consistent with prohibition set out

in federal legislation in the Canada Health Act. The federal government can,

and has in the past, directly reduce federal transfers to the provincial

Treasury as a penalty for each extra billing. Dollar for dollar, the federal

government can remove from the health transfer any money that is charged

directly to the patient for an insured service, and they have done in the

past.

The

prohibition on extra billing is simply the right thing to do. The principle

of medicare is that it should be free of charge to the beneficiaries. It

protects patients from paying for insurance services and it also protects us

from federal claw backs under the Canada Health Act.

With

regard to financial accountability, there is specification in the act for a

90-day limitation period. The new act sets out the time limit in which

practitioners are to submit their billings to MCP for payments. There is an

ability to extend this time limit where circumstances warrant, such as where

billings are delayed due to technical issues, staff illnesses, or delays in

obtaining patient information.

The

time limit isn't actually new. It actually exists already but it's in the

form of regulations and precedent. This change will actually enshrine in

legislation the 90-day limitation period. It would entrench it with the

force of law.

It's

important that practitioners submit their billings in a timely manner for a

variety of reasons. Not only is it good business practice for the physician

or dentist, because they can't get paid without submitting an account, it's

important that the information submitted be as accurate as possible to avoid

delays in payment or issues that could be raised in an audit. The accuracy

of the information is more likely if the account is submitted within a short

time frame from when the service was provided, rather than a longer one.

The

act also makes specific reference to the issue of third-party liability.

Under the current legislation, the Minister of Health and Community Services

has a right to recover the cost of providing medical and hospital services

to beneficiaries who are injured by a third party. Again, some of this is

enshrined in the previous legislation; other is scattered through

regulations drafted under that old legislation.

Such

injuries, for example, would occur possibly from falls, the use of defective

products, or motor vehicle accidents that occur outside of the province.

Currently in our province, as is the case in most provinces, if a

beneficiary is injured in a motor vehicle accident in the province, there is

no requirement for the beneficiary to recover the cost of medical or

hospital services received as a result.

1994, the MCP legislation was amended to set out an arrangement with

insurance companies in lieu of paying the cost of medical and hospital

services in each personal injury case, simply paid a fixed amount to the

Treasury on a quarterly basis. This was derived on an actuarial basis from

indices that the insurance companies have of their likely exposure to that

risk in any given period and was adjusted from year to year.

This

bill does not propose to make any substantive change to that arrangement. It

does, however, clarify that the minister has the authority to recover costs

in circumstances where the arrangement with insurance companies as set out

in the legislation actually doesn't apply; for example, where a beneficiary

is injured in a motor vehicle accident outside of the province.

What

the new Medical Care and Hospital

Insurance Act does is clarify the minister's ability to recover the

current and future costs of providing medical and hospital services to

beneficiaries injured by a third party. That doesn't exist in current

legislation. For someone who has an accident while on vacation in another

province and litigation may take place, it puts the province in a difficult

situation of being able to recover future costs that will incur to the

medical care plan.

Whilst this may not be common, there may be occasion where a beneficiary,

due to the nature of the injury sustained, may require such future services.

Bill 24 requires the beneficiary to seek recovery of the cost of those

future services, should a personal injury claim for damages be commenced. So

this is a legal enforcement, if you like, or injunction on those suing for

personal injuries that the province's interest for future costs be

safeguarded.

The

final chunk is a piece around audit. The MCP program currently has a budget

slightly in excess of $480 million. There is pressure on us, as we've heard

in Question Period and in the budget, and on other occasions, to be good

stewards of the public Treasury. Particularly in a time of fiscal restraint,

we have to ensure that the funds budgeted are indeed paid out in accordance

with the appropriate rules and applicable rules. You need a robust audit

regime to achieve this objective.

The

new act clearly sets out the process by which practitioners billings are to

be audited, as well as the powers of auditors in conducting those audits.

Because there has been nothing put in legislation, because this legislation

actually predates Medicare, there have been occasions where there have been,

if you like, loopholes through which lawsuits and argumentation could be

provided to reduce or constrain the department's ability to both audit and

make recoveries under those audits. So this act clearly sets out the process

so that everyone knows upfront what's expected

There is a significant enhancement to the authority to recover overpayments

and the ability for the Minister of Health to file with the court a signed

order so that order would then become enforceable as an order of the court,

rather than legal proceedings having to be instituted as of present for each

of those occasions where overpayments have been made.

recognize that there will be some significant changes as set out in this act

if adopted and, as such, we are proposing that Bill 24 would not come into

force until October 1, 2016. This delay in proclamation would provide all of

the stakeholders, such organizations as the Newfoundland and Labrador

Medical Association and the Newfoundland and Labrador Dental Association,

with sufficient advance notice before they come into effect so their members

could be apprised of these changes.

conclusion, Mr. Speaker I don't need anywhere near the allotted time

this is a legislative regime currently governing MCP which has not really

changed in 50 years, despite the introduction of the

Canada Health Act . We have not

made significant alterations to the way practices are currently in place.

What we have done is identified areas of loophole, if you like, or potential

slackness in the process and tightened them up.

This

new legislation to address these changes is really long overdue. This bill

is our response to the changes that we've seen in the delivery and funding

of health care locally and across the continent. I would ask that all

Members of this hon. House join me in supporting this bill.

Thank you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER (Lane):

The Speaker

recognizes the hon. the Member for Topsail Paradise.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

Thank you very much, Mr.

Speaker.

It's

somewhat of a pleasure to have a different topic to discuss today, off the

budget for a little while, on Bill 24. I'm not sure how much time we'll

spend on Bill 24 today, but it's always good to talk about and have an

opportunity to debate other matters that are on government's plate and

priorities, and matters that come before the House for us to debate and

discuss. That's what we do here. When a new bill or a new proposed piece of

legislation comes to the House, then it goes through this process.

About a week or so ago I had the opportunity to attend over at the

department. I extend my thanks and appreciation to the officials in the

minister's department who were quite cordial and helpful as they pretty much

always are. In this case it was no different. They were very helpful in

going through the bill.

is a fairly lengthy bill, relative to many we see come here in the House.

There are about 63, 64 sections in total, including administrative ones.

There are times we come to the House when we have three or four sections in

a bill or amendment and they're quite small. Similar to what we just saw

with the minister who in about 14 or 15 minutes really summed up the bill in

total, I don't anticipate I'm going to need any longer than that to bring my

remarks forward this afternoon, even though it's a very important bill. It's

an important piece of legislation and it does have 60 sections.

Essentially, this bill is a combination of two acts as laid out two

existing pieces of legislation as laid out by the minister: the

Medical Care Insurance Act and the

Hospital Insurance Agreement Act . Essentially MCP, as many people

know it, and also how hospital services are insured. I know this piece of

legislation will benefit those who work within it.

Quite often our health authorities or people who work and are guided by this

legislation will be looking back and forth to which piece of legislation

applies here, with currently having two separate pieces of legislation. This

will streamline it I'm sure. It also clarifies some of those contentious

points that sometimes happen when it comes to medical care as guided by

these legislations.

There are a couple of changes that are being made in this act under this

bill. One of them is very close to the front under

section 4. It deals with

confidentiality. The minister referenced this as well, and there is a new

section in confidentiality. Currently when it comes to the confidentiality

of information, of course it has to be highly protected. People have to have

an assurance that when they're dealing with health care matters they are

protected, that their privacy and confidentiality is protected.

What

is proposed here, of course, is it allows A person employed in the

administration of this Act shall maintain confidentiality with respect to

all matters that come to their attention or knowledge in the course of

their employment and they shall not communicate the matters to another

person, including an employee of the government. Then it says, except. There

are a number of exceptions to this, and that's to a person to whom an

insured service is provided .

If a

person wants to go the hospital and wants to learn about their own file,

they have a right to do that, to a practitioner for a purpose relating to

insured services . If you go to a hospital or you go to a health care

facility and you require services, it is quite often important for those

providing the health care to you, their health care service to you, to

understand your past, your background and so on. In a case like that, then

they should have full access to your medical history.

So,

to a professional corporation and its directors, officers and employees for

a purpose relating to insured services that were provided through the

corporation. Such as a health corporation, one of our health regions.

Also, for consultation, for the purpose of consultation between the

minister and the medical association or the dental association. Of course,

people's personal information would always be protected but there are times

when the minister who is making decisions in the best interest of the people

of the province and health care requires certain statistical data,

information and so on. It would give him the access to that, and

professional and regulatory boards.

Also, to a police officer or a peace officer as it's termed in the

legislation, to a peace officer for the purpose of reporting a suspected

offence. Then there are a couple of others, to a person who is empowered

by a statute which requires disclosure and so on.

There's a new one here under

section 4(f), which is to a person employed by

the government to enforce support orders under the

Support Orders Enforcement Act, 2006 . So that's a director of

Support Enforcement. We know the director of Support Enforcement and their

team are engaged on a regular basis in ensuring that family court orders are

upheld and ensure they take place.

makes a lot of sense to do this, where a person has an obligation directed

by an authority not living up to that obligation and they avail of or access

health care which could assist the director of Support Enforcement. We know

from our own history that sometimes Support Enforcement has a really

difficult and challenging time, quite often under very difficult and

challenging circumstances, to ensure that orders are maintained and upheld

has they've been directed and intended to. This will assist them in doing

that role.

There is a

section here under extra billing. Again, the minister articulated

and referenced that particular

section as well. He talked about where

sometimes there are extra billings, and also discussed the opt-out

opportunities for practitioners. I think he's clarified that one

sufficiently. I don't need to go over that one.

One

that is new to both the current legislation, and currently found in

regulation, is under

section 10 where it says, A participating practitioner

shall submit an account for an insured service no later than 90 days after

the practitioner provides the insured service.

(2) A beneficiary the

patient shall submit an account no later than 2 years after the insured

service is provided to him or her. That's tightening up processes to make

sure that the management of processes and billings and accounts happens

appropriately.

There is a

section on audits and how they take place to make sure that

services are being provided, charged and billed correctly. We've heard

stories and suggestions in the past of certain circumstances where that may

have not been taking place as intended. It's appropriate to have an audit

process, especially when there's such a high value, high amount of money,

high amount of cost and it is important of our service to the people of the

province who we are involved with here to make sure that it is being done

properly.

Under

section 29, there is a new

section when it comes to audits and

payments under

Part IV. It indicates that a minister may make a written

order after reviewing audit findings and so on. That currently exists. In

order for that to take place, the minister may do one or more of the

following things. One of the things he may do which are new is where the

minister makes an order under this section, also order that all or part of

the order, referring to overpayments, and interest being deducted from an

amount payable to the practitioner. If there's an audit and it determines

that there has been an overpayment, then it gives the minister the authority

to collect that overpayment to order it and to collect it.

well, under this same part of the new legislation or the new bill, the

minister can make an order when a party doesn't appear. Parties aren't

required to appear. I understand there's been difficulty with that in the

past when parties haven't appeared to audit processes and audit hearings.

Sometimes it can leave that process in limbo. Under this case, there's a

section that's tightening that up which allows for the minister to make an

order, even if the person doesn't appear through the audit process as

required. It does tighten it up, so it'll make the system move more

effectively and be more meaningful.

Mr.

Speaker, there's a

section on levy and then there's a

section on recovery of

costs for services. This is not entirely new, but a part of this is. What

this

section refers to and I won't read it all paragraph by paragraph

essentially is that when there's a civil action, a person becomes injured

through a matter that results in an action of liability that takes place.

For

example, in the example used by the officials in the department, they'll say

a person had a slip and fall on private property. If that slip and fall

results in the person taking action against the landlord or property owner,

then this will require that the health care costs for that person be

included as part of that action. Instead of the taxpayers of Newfoundland

and Labrador having to bear the burden of paying for the cost of health care

required to someone, in this case the example used here was slip and fall,

or because of an incident that occurred where there's a court action or a

lawsuit filed, then this

section will require that lawsuit also require the

person to sue for the cost for the health care.

This

is a new

section in this bill and I think it's an important one. I know that

from my own experiences there's a significant amount of cost borne by the

province, borne by the taxpayers whereby a person has a slip and fall, an

injury, or a requirement for health care where there's been an action, a

lawsuit taken as a result of what led to that injury.

When

the injured party sues the responsible party such as the property owner, as

I mentioned, then this

section will require that appellant to include the

cost of the insurance services in their lawsuit. This will change that and,

of course, that will reduce the cost to the taxpayers of the province.

Automobiles are in this

section as well, but it also includes only where

motor vehicle accidents in which the person who is determined or deemed to

be negligent is not covered by a policy. In a case like that, with a civil

matter as well, then the collection can occur under those circumstances.

Mr.

Speaker, there is regulation-making authority under this piece of

legislation. It is interesting to note that I perceive there's a change on

the regulation authority giving the minister a greater and broader, stronger

regulatory regulation-making authority than what exists today. I don't

believe that's a bad thing. I believe it's a good thing. I believe it gives

government more flexibility. It gives government greater flexibility to

create regulation. Then regulations quite often have to be adopted and

changed as services and processes change with the times.

new processes are developed, new practices are developed, new best practice

is learned and processes change then to give the government greater

regulatory regulation-making authority I believe in this bill, under this

legislation, will benefit the province, it will benefit the minister and, as

a result, will benefit health care and the services, the back off of

services that happen through health care. That's really what this

legislation is about.

Mr.

Speaker, I'm going to take my place. Again, I just want to confirm our

support for this bill. I believe it is going to streamline and benefit

health care. It's going to reduce the administrative burden. It's going to

tighten up auditing functions as well. It gives the minister greater

authority to make improvements and find greater efficiencies in health care.

Again, I thank the officials in the department for the briefing and

broadening our understanding of the contents of the bill. I thank the

minister for introducing it.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Speaker recognizes

the hon. Member for the District of Virginia Waters Pleasantville.

MR. B. DAVIS:

Thank you, Mr. Speaker.

I'm

happy to see that my colleague across the House seems to be in full support

of this new amended bill.

AN HON. MEMBER:

(Inaudible.)

MR. B. DAVIS:

Excellent.

Bill

24 is

An Act Respecting Insured Medical and Hospital Services in the

Province and we have it divided into eight parts that I'm going to discuss

here today.

Part

I sets out the rights of the beneficiary and practitioners, meaning

physicians and dentists, with respect to the provision and receipt of

medical and hospital services. It also requires that information collected

under this act is kept confidential. The exceptions to this requirement are

explicitly set out and I'm just going to go through some of those

exceptions.

One

of the exceptions that I wish to highlight is the authority to release

information to the director of Support Enforcement. The director is

responsible for enforcing child and spousal support orders. In some cases,

monies may not be collected under these orders because a person owing the

money cannot be located. If the debtor is residing in Newfoundland and

Labrador, then the director will be able to access the debtor's address,

physical address, through MCP data which will help them locate the person

and assist in the collecting of these monies which are primarily owed to

women and children under the support orders.

One

interesting note I would like to address is the MCP keeps physical

addresses, not just mailing addresses and it's important for people that are

being summoned so that they can be located so that these orders can be paid

and at least reached out to. It is important to note that the personal

health information of the debtors will not be released under these

exceptions.

Part

II continues both the Medical Care Plan, or the MCP, which applies to

services provided by physicians and dentists and the hospital insurance

plan, which applies to hospital services.

Part

III sets out the rules regarding the submission of accounts by practitioners

and the manner in which those accounts are to be paid. It requires

practitioners who wish to bill MCP directly for services provided to be

enrolled in the program. In practice, practitioners complete an application

form and then are provided a number which allows them to bill MCP directly.

This process will not change under Bill 24.

also requires practitioners to notify the Minister of Health and Community

Services should they wish to opt out of the MCP and bill beneficiaries

directly. As the hon. Minister of Health and Community Services mentioned

before, this is possible. In this case, the beneficiary pays the

practitioner and then is reimbursed directly by MCP.

Bill

24 prohibits extra billing by the practitioner who provides insured services

to the beneficiaries, whether the practitioner is enrolled in the program or

not. That's a change in the previous bill.

Even

where a practitioner opts out of MCP and elects to bill the patients

directly, the practitioner cannot bill the patient over and above any amount

that MCP will be reimbursing the patient. Extra billing is an offence under

this act, subject to the fine of $20,000 for each offence.

Part

IV is simply entitled Audits. It sets out the powers and the authority to

conduct audits on practitioner's billings. This bill permits the audit of

all practitioners who provide medical services through MCP, whether they opt

in or opt out of the MCP.

sets out the audit process and the manner in which disputes and audit

findings are resolved and adjudicated. It permits the Minister of Health and

Community Services to make various orders for the recovery where an

overpayment has been identified following an audit.

The

minister may make an order, whether the practitioner appears at the review

board or not, provided the practitioner has been given sufficient notice of

the review board hearing. The minister may order, for example, that the

amount of the overpayment be deducted from the practitioner's future

billings under MCP. Interest shall also be recovered. Once the minister

makes an order, the order may be filed with the court at which time it

becomes an order of the court and may be enforced as such. It also permits

the appeal of the minister's order to the court.

Part

V sets out the regime by which the insurance companies pay the Minister of

Health and Community Services quarterly amounts which represents the cost of

medical and hospital services provided to beneficiaries where they have been

injured in a motor vehicle accident. Under this part, there is no

requirement for the injured party to recover the amounts of the medical and

hospital services incurred by MCP. There are no substantive changes proposed

to Bill 24 to this particular regime.

Mr.

Speaker,

Part VI is the Recovery of Costs for Services. It applies where a

beneficiary suffers injury during the negligence, act or omission of a third

party. It also applies where the beneficiary is injured in a motor vehicle

accident to which

Part V of the act does not apply. This may be the case,

for example, when a beneficiary is injured in a motor vehicle accident in

another province, but receives medical or hospital services in this

province.

accordance with this part, where a beneficiary makes a personal injury claim

to recover damages suffered, he or she is also required to make a claim for

the amount of the insured services received under the MCP and/or the

hospital insurance plan related to the injury sustained.

Mr.

Speaker, where a beneficiary has received medical or hospital services

related to an injury, he or she is not permitted to settle the personal

injury claim without the consent of the Minister of Health and Community

Services.

Part

VII contains general provisions relating to the ability to make regulations

under the act and to create offences for the failure to comply with the act.

For example, regulations may be made to establish a formal procedure for

reviewing decisions made under the act.

Regulations may be also made to prescribing agency fees that may be paid to

lawyers who recover the cost of a medical or hospital services on behalf of

the minister in personal injury claims. This part also offers a

contravening the act. This act is not about punishing people; however, it is

important that there be penalties in place to act as a deterrent for those

who may choose to act contrary to the act.

Part

VIII clarifies that the act will come into force on October 1, as the

minister said. This delay in proclamation will provide advance notice to all

stakeholders, including the Newfoundland and Labrador Medical Association

and the Newfoundland and Labrador Dental Association, of the changes to the

act. This part also sets out the transition from the current legislation to

the new Medical Care and Hospital

Insurance Act once it comes into force.

Mr.

Speaker, I ask all hon. Members in this House to join me in supporting Bill

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The Speaker recognizes

the hon. the Member for the District of St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I'm

quite happy to stand this afternoon to speak to Bill 24,

An Act Respecting

Insured Medical And Hospital Services In The Province.

The

minister, in particular, has given a good detailed outline of what this bill

is about. I'm not going to go through it piece by piece. Anybody watching,

or in the future, anybody reading will have read what the minister has said

and what his parliamentary secretary has said, but just to make the point

that it's a new bill, but a new bill modernizing other bills that we have

had. The Medical Care and Hospital

Insurance Act will repeal the

Medical Care Insurance Act and the

Hospital Insurance Agreement Act .

have a new bill, modernizing some pieces that have needed to be modernized,

putting in some new pieces and making sure that our health insurance program

is modern, up to date and dealing with the issues that have been identified

over the years as needing change.

As I

said, I'm not going to go through every single piece but there are a couple

of areas that I do want to highlight. I think from the perspective of how it

impacts individuals and people who are insured in our province, the

important thing is that this act is bringing in new protections. I think

that's something people should feel good about.

I'm

sure that people have experienced that we have different groups in our

province. We have medical practitioners who are recognized, recognized by

associations and recognized by our government who choose to be part of the

MCP and according to the act, they are called participating practitioners.

Then you have medical practitioners who don't participate in the MCP, yet

they have to be regulated by our government. They are part of the health

care system, though they don't participate in the MCP.

There are provisions now in this new act, which are extremely important, to

bring protection to patients, to beneficiaries of our act. I think one of

the most important things in the act is that it puts up a wall against extra

billing. It turns out and I do want to thank actually the minister and his

staff for the briefing that our researcher received on this. She found it

one of the best briefings that she'd ever had and I want to thank the

minister and his staff. He can pass that on to them.

During that briefing, my researcher learned that extra billing had been

permitted in this province. What that means is that very often I am not

going to say very often, but there are times when practitioners who weren't

under the MCP, just practitioners, charged more to the beneficiary than MCP

would pay. The service that the beneficiary received was a service that was

covered by MCP, but he or she was going to a practitioner who did not get

paid through MCP. You had practitioners who were charging extra. In actual

fact, that is illegal under the Canada

Health Act . Other provinces have had to deal with the fact they allow

this and have had to be brought in line. I think British Columbia is one

which had to be brought in line by the

Canada Health Act .

What

would happen is a practitioner who opted out of MCP, though the practitioner

offered services that were under MCP, would bill a patient, the patient

would then have to go to MCP to get reimbursed. MCP would only pay for the

amount of money that MCP covers, the scheduled amount. So if the person had

gone to a practitioner who was under the MCP, he or she was actually paying

more to the practitioner who was outside of the system.

What

has happened now is a practitioner cannot bill a patient over and above

what's listed, over and above what is the MCP schedule. That's extremely

important. There is a whole

section in the piece of legislation,

section 18,

which explain the details of how physicians who opt-out are not covered by

the new act. So now they have to go receive the money from MCP and they will

be paid for what any one of the practitioners under the MCP would be paid.

The extra billing has to end. The MCP payment

schedule has fee codes and

amounts for all services. That should be for everybody who's receiving those

services in the province.

New

fees and increases were actually just recently negotiated with Newfoundland

and Labrador Medical Association and the Dental Association. Both of these

associations, they are members who are part of MCP, plus practitioners who

are outside of the MCP have to follow the MCP payment schedule. I'm really

quite happy, actually, that we now have this protection in our province for

the people of the province.

Section 10 of the bill requires the registered practitioners submit a bill

to MCP for services rendered within 90 days. Now, that's not new. The

provision was taken out of the regulations and placed in the act, though,

because it was only in regulations before. It is now in the act to make it

as firm as possible. There could be exceptions if the practitioner became

ill and wasn't able to perform his or her business, but for the most

part

it's now in our act that any practitioner who submits a bill to MCP for

services rendered has to do it within 90 days. I think there are penalties.

Well, they won't get the reimbursement if they don't do it within the 90

days. This is one thing that I think is extremely important.

also want to talk about the levy regime that's in the bill and that has been

in place in the province since 1994. Levy has been a bad word here in the

province over the last couple of weeks, but this levy is different. This is

a levy that has to do it's an arrangement between government and auto

insurers in which they make quarterly payments to MCP based on the number of

vehicles insured during that quarter, instead of each company making

payments on a case-by-case basis for expenses MCP has incurred providing

services to someone injured in an accident who sues the driver at fault.

other words, it cuts down on red tape. Instead of each insurance company

every time there's an accident whereby somebody in the accident can get MCP,

instead of having to submit that every time there's an expense, they pay a

levy to MCP.

This

is also quite important that this is continued and that it is in our new

act. We had an old piece of legislation with regard to the levy, so it has

been modernized in the act. It has strengthened and updated the levy re:

third party liability, which is really important, and clearly set out the

eligibility rules. It also has clarified the physicians and oral surgeons'

bill submission process, or the process they go through. There had been some

lack of clarity and that has now been clarified.

think one of the things I should mention also, to put people's mind at rest,

is the whole thing of the audit of practitioners. It's extremely important

that auditing takes place. There is a whole

section in the bill on auditing.

I know the minister has spoken to it, as has the other speaker from the

government side.

think the important thing for people to know is that there's a very solid

system in place for practitioners to be audited. If an audit is done and the

practitioner feels they haven't been fairly treated, there will be a review

board to make sure they are treated fairly.

It's

interesting that, An auditor performing an audit may at reasonable times

and for reasonable purposes of the audit, (

a) without a warrant, enter and

inspect premises where insured services are provided or where documentation

required for the purpose of this Act is stored.

The

auditor has been given some significant powers, which I think is very

important. I note that even though without a warrant they may enter and

inspect premises where there are insured services carried out, they may not

enter a dwelling-house without the consent of the occupant except under the

authority of a warrant. So, there's also protection there for the

practitioners. Even though the auditors have a lot of power, there also has

to be protection for the practitioner.

As I

mentioned, there is the provision as well that there be a review board put

in place if a practitioner does request a review because they don't think

what has been done has fairly represented who they are.

There's an issue I have a little concern about, and I'm asking the minister

to give us some clarity on it. The issue has to do with it's under

section

Section 4 deals with confidentiality.

Section 4(1) says, A person employed in the administration of this Act

shall maintain confidentiality with respect to all matters that come to his

or her knowledge in the course of that person's employment and shall not

communicate the matters to another person, including an employee of the

government, except . Then there are a number of exceptions.

are wondering, there's one exception in particular,

section (f). The

exception and it was added with this bill; it wasn't in the former acts

has to do with allowing the sharing of information with the support orders

division of justice. The support orders division of justice doesn't have

anything to do with our medical system. So I'm wondering why this is the

case. It turns out that the Attorney General did ask for this as the best

way to get an up-to-date address for someone who the Department of Justice

or the legal system is looking for.

the Attorney General has asked to be able to access addresses and there will

be no personal health information shared. We were assured in the briefing

that MCP would make sure of that. But I do have a concern because we have

had privacy breaches inside of our health care system. One has to wonder why

would it be MCP that Justice would go to, to find people's addresses. I'm

sure there's rationale for it, but officials in the briefing weren't sure if

other provinces had this particular provision. So I'd like to know and

maybe Justice is the one who has to give us this answer, not the Minister of

Health, but surely there are other ways in which the Department of Justice

and the legal system can find up-to-date addresses than through the MCP.

can understand it's an easy way to get it. It easy access, but I really do

fear the possibility of privacy breaches. All the other groups who are

listed also (

h) concerns me because it's to a peace officer for the

purpose of reporting a suspected offence. I suspect that's connected to the

same reasoning around the Support

Orders Enforcement Act . Neither one of those connect directly with

health issues.

Everybody else who is mentioned as an exception is somebody who has a

connection to the act: (

a) to a person to whom an insured service is

provided about that insured service, that's understandable; (

b) to a

practitioner for a purpose relating to insured services that the

practitioner has provided, that is understandable; (

c) to a professional

corporation and its directors, officers and employees for a purpose relating

to insured services that were provided through the corporation, that's

understandable.

(

d) for the purpose of the administration of this Act; (

e) for the purpose of

consultation between the minister and the medical association or the dental

association (

g) to a professional regulatory or licensing body for the

purpose of making an allegation (

i) to a person who is empowered by a

statute which requires disclosure of information; (

j) for the purpose of

releasing information, including personal health information as defined in

the Personal Health Information Act ,

to the Newfoundland and Labrador Centre for Health Information in accordance

with the Centre for Health Information

Act and regulations made under that Act; or (

k) in other circumstances

that may be established by the Lieutenant-Governor in Council.

All

of the other sections that are exceptions under the confidentiality

section

make sense to me. The Support Orders

Enforcement Act one and the peace officer for the purpose of reporting a

suspected offence; I don't know why these are in this list. As I said, we

did ask in the briefing whether or not this exists in other provinces and

the officials at the briefing really didn't know.

I do

have a concern about using our health insurance and the health care system

because of the type of information that they have, the degree to which it

could open up for the danger of privacy breach. I have mentioned this to the

minister and I am asking for a clearer explanation of this. It could happen

today or it could happen in third reading. I would like to know, at least,

if it exists elsewhere because I have questions about that.

Mr.

Speaker, having said that, I think I have raised the points that were a bit,

sort of, key points for me that I wanted to mention. I don't have anything

else.

I am

looking forward to getting an answer with regard to the issue I have raised

about who gets access to information. Of course we'll be supporting this

act. I'm glad I've had the opportunity to speak to it today.

Thank you, Mr. Speaker.

MR. SPEAKER:

The Speaker recognizes

the hon. the Member for the District of Burin Grand Bank.

SOME HON. MEMBERS:

Hear, hear!

MS. HALEY:

Thank you, Mr. Speaker.

I'm

pleased to rise today to speak to Bill 24. One of our defining

characteristics as a nation is our universal health care system. It is such

a part of our identity that we often take it for granted, Mr. Speaker.

Taking care of our citizens and providing them with health care makes so

much sense that it's easy to forget that it wasn't always this way. Thanks

to the multi-partisan efforts of Tommy Douglas, John Diefenbaker and Lester

B. Pearson, between 1962 and 1966 Canada implemented universal health

coverage, an initiative that has been of tremendous benefit to Canadians

ever since.

have much to be proud of about our universal health care coverage, Mr.

Speaker, especially when we compare ourselves with our neighbours to the

south. The United States privatized health care system seems absolutely

baffling to us. How is it possible that in the wealthiest country the world

has ever seen there are enormous numbers of low-income Americans who are

unable to access even basic medical care because the cost of insurance is

beyond their means?

Mr.

Speaker, to us that seems unthinkable, even obscene. To us it seems like a

government that is only interested in the health and well-being of some of

its citizens. Ones with money enough to afford too-steep insurance premiums.

Mr.

Speaker, there have been improvements to their system since the passage of

the Affordable Care Act under President Obama, but the United States still

fails many of its citizens. Its health care system is a long way from

addressing the diverse health care needs of its entire population.

Here

in Canada, that plan just doesn't make sense to us, Mr. Speaker. That sort

of neglect and indifference simply wouldn't fly up here. We recognize across

this country that even in the toughest of economic circumstances, we still

have an obligation and a moral duty to provide medical care to our citizens.

It is in our power and in our interest to do so.

Keeping our people healthy makes a stronger workforce, Mr. Speaker, happier

communities and a more sustainable future. It just makes sense to provide

universal health care. Again, it makes so much sense that it is very easy

for us to forget that it isn't something we have always done, that there is

a definite start date for this Canada-wide policy. Just like any policy, it

is constantly evolving along with the needs of people with shifts in

government and systematic upgrades.

Mr.

Speaker, insurance is an exceedingly complex operation with lots of

different stakeholders involved. In the case of health insurance with

people's good health hanging in its balance, it's crucially important that

it's done right.

So,

Mr. Speaker, I'm very happy to rise in this hon. House today to speak to

Bill 24, which is an important piece of legislation that is being brought in

by our government. This bill accomplishes a lot of things, but in broad

strokes. It allows us to continue to offer insured medical services to our

citizens. It allows practitioners of dental and medical services to receive

payment for their services, and it protects health care consumers from being

over billed for services. In short, Mr. Speaker, it's one of these periodic

and necessary adjustments to the whole complex system that enables

Newfoundlanders and Labradorians to receive health care services.

The

passage of Bill 24 will enable us to continue to provide MCP and hospital

insurance for residents of this province. Health care is very important to

Newfoundlanders and Labradorians and it represents our single largest

budgetary expenditure year after year.

MCP

is the insurance system that allows us to pay our health care professionals

and our support staff, and allows us to pick up the tab for our citizen's

health care cost, as we are obligated to do, Mr. Speaker. It is therefore a

privilege to stand in support of a bill that will enable us to continue to

provide this critical service to our people.

Bill

24 will also allow medical and dental care practitioners to receive payment

for their services. Without our health care professionals, we have no health

care system. These are individuals with specialized training who strive

every day to provide top-quality care to the people of N