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April 12, 2016

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 11

The

House met at 1:30 p.m.

MR. SPEAKER (Osborne):

Order, please!

Admit strangers.

Before we start today's proceedings, I'd like to welcome to the Speaker's

gallery a former Member of the House of Assembly, Mr. Ross Wiseman.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

MR. SPEAKER:

Members' statements today

are from the Member for the District of Conception Bay South, St. George's

Humber, St. John's Centre, Baie Verte Green Bay, Lewisporte Twillingate

and Fogo Island Cape Freels.

The

hon. the Member for the District of Conception Bay South.

SOME HON. MEMBERS:

Hear, hear!

MR. PETTEN:

Thank you, Mr. Speaker.

rise today to honour a Royal Air Force Veteran, Mr. Harold (Jack) Gillingham

from Kelligrews who passed away December 30 at the age of 95.

1939, Mr. Gillingham joined the Royal Air Force serving as a wireless

operator with the 149 Squadron. On March 1, 1943, during a raid against

Berlin, his bomber was attacked by a night fighter as it headed home. The

Skipper decided the fuel was too low and gave the order to bail out over

Dieppe, France.

Jack

became a prisoner of war and was sent off to Lamsdorf, Poland. He survived

the infamous long march from January 1945 until liberation on Good Friday,

March 30.

1965, Jack became an electrical inspector with Newfoundland Power and worked

with the rural electrification program and the development of the provincial

power grid.

Jack

was active in the Royal Canadian Legion, Wesley United Church and the Air

Force Association of Canada. He was a modest man who learned by hard

experience the value of life's simple pleasures.

Jack

is survived by his wife and eight children.

ask all Members of this House to join me in honouring an extraordinary

Newfoundlander and Labradorian, Mr. Jack Gillingham.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

the District of St. George's Humber.

MR. REID:

Mr. Speaker, this past

weekend I had the opportunity to attend one of a series of community

gatherings around Bay St. George this month called Sharing the Memories.

These community gatherings are designed to provide an opportunity to share

information and stories by St. George's Mi'kmaq soldiers. In this

commemorative project, photos, stories and other documents are being

gathered and shared in various ways, such as public meetings, as well as

through the Facebook page: Bay St. George Mi'kmaq in World Wars.

The

upcoming meetings will be held at the following locations from 2-4 in the

afternoon: the Seniors' Club in Barachois Brook on Saturday, April 16; the

Royal Canadian Legion in St. Georges on Sunday, April 17; the Royal Canadian

Legion in Stephenville on Saturday, April 23; the Twilight Seniors' Club in

Port au Port on Sunday, April 24; and the 50 Plus Club in Stephenville

Crossing on Saturday, April 30. A meeting will also be held at the Bay St.

George Culture Circle in St. Georges on April 29 from 7-9 in the evening.

thank the individuals and groups involved in this project and encourage

people to participate in this commemorative project.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

Something is bubbling in St. John's Centre. I am thrilled to announce the

rebirth of A Woman's Almanac: Voices

from Newfoundland and Labrador .

The

Women's Almanac, started in 1987 by feminist writer and activist Marian

Frances White, each year celebrated the lives of 12 women from across the

province who were changing our world. Many of us used the Almanac year after

year, each month reading stories of incredible Newfoundland and Labrador

women. After 10 successful years, Marian put the Almanac to bed.

With

Marian's blessing, the St. John's Status of Women Council, in partnership

with award-winning Breakwater Books, is relaunching this great gift to the

history of women's activism. With an intro by Marian, the first edition

features prominent feminist activists writing about women who have inspired

them. Writers include Zita Cobb writing about midwives of Fogo Island; Lisa

Moore on performer Anahareo Doelle; Elizabeth Penashue on her sister Rose

Gregoire; Kaberi Sarma on activist Yamuna Kutty; Amelia Curran on champion

of the arts Edith Goodridge; and Mary Shortall on labour activist Nancy

Riche. What a fantastic feminist revival!

Honourable Members can pre-order copies now at Breakwater. A fall launch is

to come. Stay tuned. Bravo, Jenny Wright and team!

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Baie Verte Green Bay.

MR. WARR:

I rise today to recognize

a true Newfoundland and Labrador hero: Tommy Ricketts. A native of Middle

Arm, White Bay, Tommy travelled to St. John's in 1916 to enlist. He claimed

to be 18 years old when he, in fact, he was only 15.

October 14, 1918, in the final weeks of the war, as the Allied forces were

advancing in Ledegem, Belgium, Private Ricketts voluntarily doubled back

under enemy fire to retrieve ammunition. On his return, he used his Lewis

gun and his terrifically accurate aim to drive the Germans to abandon their

heavy weapons and race to a nearby farmhouse.

Ricketts's actions that day saved the lives of many and advanced his

platoon's position. They also resulted in the capture of four field guns,

four machine guns and eight prisoners. Private Ricketts was just 17.

For

his valour and devotion to duty, he received the Victoria Cross, Britain's

highest award for bravery. A century later, Tommy Ricketts remains a

household name in Newfoundland and Labrador.

we celebrate the 100th anniversary of Beaumont-Hamel this year, I ask all

Members in his hon. House to join me in commemorating a true hero of our

province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Lewisporte Twillingate.

MR. D. BENNETT:

Mr. Speaker, I rise

in this hon. House today to recognize two minor hockey associations in my

district: the Twillingate/New World Island Combines and the Lewisporte area

Seahawks. During the Easter break, both associations participated in hockey

tournaments throughout the province and were host to tournaments in their

respective communities.

All

teams played well, with most winning medals in their division. The

Lewisporte Seahawks Atoms won gold; Pee Wee, bronze; Bantam, gold, and

Midgets, silver. While the Twillingate/New World Island Combines Atom

division also won gold; Pee Wee, gold; and Midget, bronze. The 12 and under

and 20 and under female teams each won bronze at their provincial

tournaments.

would also like to recognize four young ladies who represented our province

at the Bantam Female Atlantic Championships: Morgan Ball and Jayden Oake of

Lewisporte, and Brianna Blake and Olivia Rogers of Twillingate.

Hockey is not all about winning. It's about being physically active,

demonstrating sportsmanship, respect, discipline, having fun and making new

friends. I am proud to say that these teams demonstrated this and

represented their communities with pride.

Mr.

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

Twillingate/New World Island and the Lewisporte Minor Hockey Associations

for their success throughout the year.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fogo Island Cape Freels.

MR. BRAGG:

Mr. Speaker, it gives me

great pleasure to rise in this hon. House and inform Members of the efforts

made by the residents of Change Islands. With a population of just over 250

people, they have organized an emergency response team. The team's volunteer

mission is to provide medical assistance to people on Change Islands.

Susan Porter, Wendy Ledrew, Marion Adams and Denise Hoffe are trained in

advanced first aid. Together and sometimes aided by the Volunteer Fire

Department, they respond to the emergency medical needs of the residents.

Being a small isolated community, each time they respond, it's usually a

family member or friend. These fabulous four ladies have from time to time

endangered their own lives to help others.

The

emergency response team ride in the back of the ambulance, helping and

offering comfort while waiting for the ferry to transport their patients to

the mainland.

encourage them to keep up their efforts and I ask all Members of this hon.

House to join me and show our gratitude to them for their heroic community

pride and effort.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

The Commemoration

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

MR. SPEAKER:

Today for Honour 100, we

have the Member for the District of Conception Bay East Bell Island.

MR. BRAZIL:

I will now read into the

record the following 43 names of those who lost their lives in the First

World War in the Royal Newfoundland Regiment, the Royal Newfoundland Naval

Reserve, the Newfoundland Mercantile Marine, or the Royal Flying Corps. They

will be followed by a moment of silence.

Lest

we forget: Henry Dunn, Edmond Lawrence Dunphy, John Dunphy, John Joseph

Dunphy, John Joseph Dunphy, Thomas P. Dunphy, William Dunphy, Fred Roy

Durnford, John Thomas Dwyer, Martin Dwyer, William Dyer, William Gerrard

Dyer, Gilbert Dyke, John Walter Dyke, Patrick Eagan, George Earle, William

Eason, Alfred Eavis, Morgan Eavis, Thomas Eavis, John Ebbs, Frederick Ernest

Ebsary, Hubert Edgar Ebsary, Samuel Joseph Ebsary, Alonzo Eddy, John Francis

Edens, Leonard A. Edens, Albert Edgar, Charles LeGallais Edgar, Edwin

Edgar, Edward Francis Edgecombe, Silas Edgecombe, Samuel R. Edney, Alphonsus

J. Edwards, Hubert Frank Edwards, John Charles Edwards, George Elliott, John

Elliott, William Elliott, William Skeffington Elliott,

Ambrose Ellis, John Joseph Ellis and James Ellsworth.

(Moment of silence.)

MR. SPEAKER:

Please be seated.

Statements by Ministers.

Statements by Ministers

MR. SPEAKER:

The hon. the Minister of Natural Resources.

MS. COADY: I

rise in this hon. House today to speak on the interim report by EY, received

April 8 and released online today with the Muskrat Falls Oversight

Committee's report to the end of December 2015, received April 11.

We said in December we would open the books on the

Muskrat Falls Project and we are fulfilling that commitment. As shareholders

and as taxpayers, we are entitled to up-to-date and accurate information.

The interim report is being made available to ensure transparency on the

project.

The interim report informs government about the current

material risks and issues that are not reflected in the September 2015

forecast, and provides recommendations to improve project governance. The

overall conclusion of the EY review is that the September 2015 forecast in

not reasonable.

We take EY's recommendations seriously and it is our

full intention to action them all including strengthening project governance

and expanding oversight which we expect to have completed by the end of May.

Schedule pressures and expected cost increases on the

Muskrat Falls Project concern us all. The project is now being reforecast

for cost and schedule.

We expect that the

schedule and cost reforecast for the

Labrador Island Transmission Link and the Labrador Transmission Asset will

be completed by the end of May.

One component, the powerhouse and intake as part of the

Muskrat Falls Generation, is significantly behind schedule. Nalcor is in

discussions with Astaldi, the contractor. We will not have the final cost

and

schedule reforecast until these discussions have concluded.

EY will assess the reasonable ness

of the revised forecast and will then present us with a final report

following their review.

certainly recognize and appreciate the hard work of the Newfoundland and

Labrador residents and companies working on the project. We will be diligent

in our actions and we will make the right decisions on behalf of the people

of this province. We will ensure the project is managed effectively within

budget from here on.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Opposition

House Leader.

SOME HON. MEMBERS:

Hear, hear!

MR. HUTCHINGS:

Thank you, Mr.

Speaker.

thank the minister for the advance copy of her statement. Our caucus looks

forward to the interim work completed by the million dollar report from

Ernest Young, along with the December 2015 oversight reports released today.

also note that the first quarter of 2016, that report is also due. I guess

we will expect to see that in the very near future.

I'm

a little confused and concerned in regard to comments by the minister in the

last couple of days when she indicated that she wasn't sure when the

oversight report for the quarter in December would be done. That was only

yesterday she was quoted. Today we are here in the House releasing that

report.

addition, she indicated on the Ernest and Young million dollar report that

it would be a few weeks away. So I'm not sure what dialogue is going on

between the minister and officials, the oversight committee and the clerk.

Obviously, we need to have an intergraded approach here as we have done in

the past to provide that oversight and to be fully engaged in what's

happening with this project.

give her advice to stay engaged, get up to date in what's happening with the

reports.

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 her statement. Here we are coming

up to two days' time to a deficit budget that will be a direct result of

paying billions of dollars into the Muskrat Falls Project which is now

behind

schedule and over budget. Now we will not know the new forecast of

cost and time frame for this project until the end of May, long after the

budget is released.

government had done what was suggested in the beginning, and this government

can now do it, and had an external body doing the oversight of Muskrat Falls

we probably would have had our information in a much more timely manner than

is now the case.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The

hon. the Minister of Advanced Education and Skills.

MR. BYRNE:

Mr. Speaker, I rise to

announce to the House today that nominations for the Council of the

Federation Literacy Award are now open. This award recognizes outstanding

achievement, innovative practice and excellence in literacy by individuals

and by stakeholder groups.

Since 2005, the Council of the Federation Literacy Award has been awarded in

provinces and territories right across the entire country. Created by

Canada's premiers, the award recognizes the valuable contributions of

Canadians in the field of literacy.

Any

person or group can nominate an individual for this award. Nominees must be

a resident of Newfoundland and Labrador for our own award, be 18 years of

age or older, and have participated in an adult literacy, workplace literacy

or Adult Basic Education program for at least six months. The deadline for

the nomination of an individual is May 30.

Mr.

Speaker, the provincial government remains committed to adult literacy in

Newfoundland and Labrador, and that is why I am very happy to say that our

government is committed to the development of an Adult Literacy Strategy to

guide our future investments in literacy promotion.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

would like to thank the minister for an advance copy of his statement. Mr.

Speaker, we are all aware literacy skills are the essential building block

for the development of a vibrant society and economy.

Mr.

Speaker, in my previous life I had the honour of representing this province

on the national board for the Movement for Canadian Literacy and we were

very proud when the Canadian federation was established in 2003. The 13

premiers had identified a number of key initiatives of importance to

Canadians, one of which was literacy.

Mr.

Speaker, we should absolutely acknowledge our province's great strides in

improving literacy rates. However, we must be mindful of the many challenges

that still exist and continue to work towards constant improvements. The

Council of the Federation Literacy Award does just that.

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.

too, thank the minister for the advance copy of his statement. This award is

a wonderful way to honour one recipient each year who has overcome the odds

and worked hard to achieve his or her literacy and education goals. The odds

against people are great in a province where more than half of adults still

have low literacy scores according to international surveys.

urge the minister to keep government's promise for an Adult Literacy

Strategy that we're still waiting for, as well as to bring ABE back to the

public colleges for maximum access and support.

Thank you, Mr. Speaker.

MR. SPEAKER:

Further statements by

ministers?

The

hon. the Minister of Transportation and Works.

MR. HAWKINS:

Thank you, Mr. Speaker.

Mr.

Speaker, while March 20 marked the first day of spring throughout

Newfoundland and Labrador, recent weather conditions indicate that safe

driving practices must remain top of mind.

The

winter maintenance season for the Department of Transportation and Works

runs until mid-April or early May each year, depending on conditions.

The

men and women of the department are dedicated to making the province's roads

safe when challenging conditions like snow, ice and water exist. Safe

driving is everyone's responsibility, and government, along with police

agencies, the insurance industry, municipalities and media continue to raise

awareness and promote safe driving practices.

hon. colleagues and residents of the province are also no doubt aware that

at this time of year, due to repeated freezing and thawing, potholes are

prevalent. While crews are working hard to address potholes as quickly as

possible we should all adjust our driving habits, regardless of the season,

to road and weather conditions.

is extremely important that motorists make informed travel decisions,

because conditions can change or deteriorate quickly. Research conditions

before you drive and if you decide to travel, reduce speeds and be aware of

your surroundings.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

want to thank the minister for an advance copy of his statement. I commend

the work of staff within TW. They work very diligently on trying to keep

ahead of this. As we know, our climate is what it is. Potholes are occurring

on a daily basis so I want to commend the work they do to keep our roads in

decent condition, Mr. Speaker.

One

note though, this is more like a driver beware statement to be quite honest,

because I read it and I was like, okay, very good. Fair enough. I do hope

that in the evidence-based decision making potholes are given top priority.

encourage people to drive safely and drive to the conditions. I do hope that

our roads are kept in a reasonable condition. On a final point, Mr. Speaker,

I want to mention to the minister, there's a really bad pothole under the

Fowler's Road overpass in CBS, so heads-up.

Thank you very much.

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. Safe driving

practices must always be top priority with the motoring public. What about

those drivers who depend on the Conche Road currently rated Atlantic

Canada's worst?

The

minister says it's important that motorists make informed travel decisions.

For those who live and work in Conche, there is no choice.

So I

ask the minister: What is his recommendation for Conche school bus drivers

over that road twice a day.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Oral Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of

the Opposition.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

Thank you, Mr. Speaker.

Today we're seeing news reports that may explain why the federal government

is stalling on their promise to reactivate the Maritime Rescue Sub-Centre.

Today, we're hearing that the federal government is considering privatizing

critical search and rescue services that are important to the people of

Newfoundland and Labrador, especially those who earn a living on our waters.

ask the Premier: Is he aware of this? Does he support the concept of the

federal government privatizing search and rescue?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

the Member opposite, what we've seen in the discussions we've had with our

federal colleagues is that fact they have a commitment to improving services

in Newfoundland and Labrador. As part of that commitment, there will be an

ongoing dialogue which will include Members on this side of the House.

our federal colleagues have said many times, their primary objective here in

all of this is to improve the services in Newfoundland and Labrador. That's

a commitment they've made and that's a commitment of the discussion we will

continue to have with our federal colleagues.

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.

sounds to me like the Premier was aware the federal government was

considering privatizing search and rescue very important search and rescue

services for Newfoundlanders and Labradorians.

ask the Premier: If you were aware of it, when did you first become aware of

this? What is your position on this? Do you support the concept and the

federal government considering privatizing search and rescue services?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

with any discussion and any decision you have to make, what you do is you

look at whatever options you have available to you. With the evidence you

have, you make the best decision you can.

Right now, with the federal government, I'm sure they are considering a

number of options. What they have said to me in the discussions we had

their objective is to improve search and rescue services to Newfoundlanders

and Labradorians. That's the commitment they've made. That's the commitment

we will base our discussions on as we continue the discussion and the

communication we are having with our federal colleagues.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

ask the Premier again: Can you tell us when you became aware they were

considering privatizing search and rescue?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

When

I became aware of a number of issues around providing services within

Newfoundland and Labrador, the discussions we would have with our federal

colleagues, it is not a discussion I have had on an individual basis with

the federal members about privatization of search and rescue.

The

discussion we've had is about improvements in services in Newfoundland and

Labrador. When they're prepared to take those discussions to a final forum,

it is then we would intervene and have our say into those discussions.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

appreciate the response from the Premier.

ask the Premier: Are you satisfied that privatizing search and rescue is a

way that can provide a safe and effective service for Newfoundlanders and

Labradorians?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

One

of my colleagues just gave me this here. This comes from Municipal Affairs

on May 8, 2013. What I would see here, this would come from your provincial

government, I would say, Mr. Speaker. I am not going to read it in; I would

just provide this document that we have here as well as part of a pilot

project that the prior government had talked then about privatization of

services within Newfoundland and Labrador. This is obviously a concept that

they would have supported.

Right now, the main objective for me and this government is to make sure

that we bring improvements to search and rescue in Newfoundland and Labrador

because on their watch, what they saw is closure of those very offices.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

can tell you I was not intending to go down a history road today or a blame

game once again today. We've heard lots of that from Members opposite. If

you want to open the door for that, I will certainly do that. According to

this news

article today, the federal government did consider in 2011

privatizing certain services, military-based services. But apparently,

according to the article, the idea didn't get very far because there was

public outcry over the concept of privatizing any of these services.

One

of the people who led that outcry was the current federal minister who's

responsible for military procurement who is the Newfoundland and Labrador

minister in the federal government, Minister Judy Foote, who was appalled.

She said she was appalled by the government's notice to companies and the

government that were exploring privatization of search and rescue.

The

question is very simple for the Member opposite: Do you support the concept

of privatizing search and rescue? Do you believe it can provide an effective

and safe service for Newfoundlanders and Labradorians? That is what I ask

the Premier; it is very simple.

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, if I was the Leader of the Opposition, as he stood here in his place

today, I would not want to talk about the history. I would not want to talk

about the blame because what they failed to do is accept the responsibility.

Any time we raised this, any time we raised the issue around their actions,

the work that they have done when they were in government, I would be

ashamed of that too. That is what got is in the position we are today.

What

I am focused on is improving search and rescue services for Newfoundlanders

and Labradorians. The federal colleagues have already said that they want to

do that. It is something that we will support. The concept around evidence

based, how they proceed with that, it is then when we get into making those

final decisions I would ask the Members opposite if they were so concerned

about search and rescue in our province, what happened? What did they say

about the closure? Why did they stand and watch their federal colleagues

take away and close down those very services in our province?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

The

Member opposite, the Premier, is quite well aware they weren't our friends

in Ottawa in the last government, I can tell you that.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

So, Mr. Speaker, they

weren't friends of Newfoundland and Labrador either. We quickly know, and

the people of the province quickly know that the government opposite is

quickly becoming known to not answer questions and play the blame game.

That's what they're going to do.

ask the Premier, the Liberal promise of a stronger tomorrow, one they touted

during the election campaign, we noticed quickly changed to a message of

blame and doom and gloom. The people have been waiting to hear the Liberal's

plan for quite some time; waiting to hear their vision for months.

Yesterday, the Premier stated that tough decisions will be made this

Thursday when they deliver the budget, but also there are some that require

further analysis that will be delivered in budget number two this fall. So

with constant negativity, you're single-handedly crushing business

confidence and instilling fear in the people of the province. I know the

Premier is going to find a way to blame us on this as well.

ask the Premier anyway: Why not deliver a 12-month budget plan on Thursday?

Why wait for budget number two in the fall and leave people with that

instilled fear that they have throughout Newfoundland and Labrador?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, first of all, I want to address the first part of his comments there.

I was waiting for the question. As the group opposite sat on their hands

when people of this province were demanding an inquiry into search and

rescue services in Newfoundland and Labrador, what did this group do? They

had the option to call that inquiry, I say, Mr. Speaker, and they denied it

and they refused to do it.

Now,

back to the question about the budget on Thursday; I'm very interested in

knowing, and I'm pleased to hear that they are concerned and they are

looking forward to Thursday. I'm also interested in why they are so

interested in distancing themselves from the budget on Thursday of this week

when they had a five-year plan that has failed.

will improve the future for Newfoundlanders and Labradorians, and that will

start on Thursday.

SOME HON. MEMBERS:

Hear, hear!

PREMIER BALL:

It will start with some

of the tough decisions that we and the ministers have had to make as a

result of the actions they did not take in the past. What they're trying to

do is distance themselves from what they should be responsible for, and yes,

we do blame you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

So yesterday the Premier

said it was my first budget, now he's acknowledging it was a five-year plan.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

A plan that was only in

effect for a few short months, and a plan in that few short months the bond

rating agencies supported. In just the matter of a few short weeks after

they took office the bond rating agencies reacted and showed the confidence

that they don't have in the current government.

So,

Mr. Speaker, I didn't intend to ask this question today but now that the

Premier has raised it, he's raised the fact that they had promised an

inquiry. As a matter of fact, they promised three inquiries.

Maybe the Premier can tell us: When are you going to start calling those

inquiries you promised that were so urgently needed?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, as we said about the inquiries, they will be done. This is a

commitment that we stand by.

I am

very interested to see how the Leader of the Opposition stands by his

five-year plan. Is he still standing by doubling the debt of our province,

doubling the borrowing commitments? He can't be serious when he's saying it

was the bond agencies that stood by their five-year plan which would have

led to record borrowing, record debt, record unemployment in our province.

They did not plan. They poorly managed this province.

must be joking when he's thinking that the bond rating agencies weren't

looking seriously at their dismal plan. It was only because of the work of

the Minister of Finance, who we see here today, that we were actually able

to turn some of that around, and on Thursday, yes, it will be a difficult

budget, Mr. Speaker, I say. It is not one that we're proud of, but what we

inherited on November 30, I can tell you right now, it was not a five-year

plan or a plan for the future of this province.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Mr.

Speaker, it's easy for the Members opposite to play the blame game. We

expect them to do that and they're exactly living up to our expectations.

Mr.

Speaker, as the Premier and Members opposite are well aware, the people are

concerned about the cutting of programs and services. People are concerned

about their own jobs, their own ability to earn a living for their families.

AN HON. MEMBER:

(Inaudible).

MR. SPEAKER:

Order, please!

recognize the Leader of the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

is becoming quite evident to the people of the province that the Liberals

have quickly lost touch with their promises and they've got very little

focus on the people. I can tell the Premier, it is no joke when we talk

about the people of Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

Mr. Speaker, the Minister

of Finance has said there could be cuts in this budget, and there are more

cuts to follow in budget number two in the fall.

Now

I know they're going to blame us. They're going to find a way to blame us,

but I ask: Why are you making the public and the business community, the

public servants live in fear and uncertainty for an extra six months? Why

won't you be open and transparent with them when you deliver their budget on

Thursday?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, the Member opposite keeps talking about blaming them. It seems to me

as if he's the one that raises it all the time, so he really must be ashamed

of his own record, I would say, Mr. Speaker.

will continue to lay out the facts as we see them within our province. Some

of the impacts, as we said, they will be difficult decisions that we've had

to make, but they are the right and they are the necessary decisions that

will have to be made to get our province back on track.

Unfortunately, that is not the due diligence that the Members opposite

that is not the track they had taken over the past number of years. But

making the right decisions so that we can protect the future of our public

sector employees, and we do value them, we are prepared to enter into a fair

negotiating process, as we said from day one. That commitment is intact.

Making the decisions now that we've seen in budget on Thursday's budget,

most of the tough decisions that we were able to make will be included

there. Some more will require further work. That is called due diligence.

That is called working with evidence. That is called research so that we

can, indeed, make the right decisions for our future.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

Members opposite, and the Premier is quite aware, rise in the House every

day and they always start it must be a set pattern over there. They get up

and blame the previous administration before they get on.

remind them, they are the government, and yes, the people did elect them to

govern and to lead. It's time for them to start doing that.

SOME HON. MEMBERS:

Hear, hear!

MR. P. DAVIS:

Analysis paralysis

processes are paralyzing our province, Mr. Speaker. It's time for members

opposite to make decisions. Yes, the right decisions as well, but to get on

with the work of the day.

Mr.

Speaker, we understand that many temporary government employees have been

extended to September 30. They've been advised they're extended to September

30, just days before budget number two is expected to be received and to be

delivered by Members opposite.

Mr.

Speaker, I know again the Premier is going to blame us for this somehow, but

will he provide an update, or will the minister provide an update on how

many employees in the public sector have been given notice that their jobs

are safe only until September?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, it's

been interesting to sit and hear the conversation here this afternoon about

the budget. I find it quite enlightening to hear the Member opposite who

brought in a budget that promised to save and implement actions to save $75

million through an initiative, and never bothered to sign the actual action

to do that until sometime in late August. They had no intention of taking

action on the budget that they brought in last year.

the Member's question, we made a decision that those valued employees that

work in a temporary capacity inside this government would be provided some

clarity and some ability to plan over the course of six months. We made the

decision to extend those temporary positions through to the next six months

so those individuals would have clarity, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Just to clarify from the

minister, are you indicating that they've been extended until September and

the intention then is to terminate their employment at that point in time?

Or is it to renew or decisions will be made at that point in time?

The

question was: Can you tell me how many have been given that notice until

September?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Thank you, Mr.

Speaker.

The

review of temporary employment occurs towards the end of each fiscal year,

as the Members opposite are quite aware of. These actions are part of their

regular process related to all temporary employment that discontinues on

March 31.

Government, as I said in my prior answer, we made the decisions, including

job-related decisions, as part of we will make decisions as part of budget

2016. It was our intention to make sure that those individuals who had

temporary positions as of March 31 were extended through six months so we

could be open and transparent with those individuals.

understand that people are worried and that people are concerned. Our

commitment is to be as open and transparent when we have information that we

can share, and that's what we're doing, Mr. Speaker.

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.

The

question I was asking the minister was for the number. How many public

servants were advised that they would be extended until September? Maybe at

some point in time the minister might be able to provide that information to

us.

Mr.

Speaker, on December 22 the government announced immediate action to help

address the fiscal situation. As part of that directive, departments and

agencies and boards and commissions were directed to refrain from creating

or requesting new permanent, temporary, casual or contractual positions.

ask the minister: Can she provide an update on how many positions or new

hires have taken place in government since you've taken office?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, we have

been undertaking a Government Renewal Initiative, as the Members opposite

and the public are aware. Part of that process is to take a look at the

recommendations from various departments, agencies, boards and commissions

that outline actions that we can take as part of our budget for 2016. The

workforce planning part of those discussions is ongoing.

is interesting that the Member opposite wants to ask questions about the

workforce when they implemented a plan of attrition. And as we talk to

officials inside government, many, many, many of the leaders inside

government said that that plan did not actually provide the depth of detail

on workforce planning that is required, and this something that we intend to

close the gap on.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of

the Opposition.

MR. P. DAVIS:

Thank you very much, Mr.

Speaker.

Again, the information is not being provided. I appreciate if the minister

does not have it at her fingertips, but I'd ask her to make it available to

us or table it here in the House. I've asked for numbers of public servants

who been advised that

AN HON. MEMBER:

(Inaudible).

MR. SPEAKER:

Order, please!

The

hon. the Leader of the Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker.

I've

asked, Mr. Speaker, for a list of those who not a list, but a number of

how many public servants have been advised that their contracts would expire

in September. I've also asked now how many new hires. I ask the minister if

she would try and get that information for us.

I'm

sure that the minister must be aware that there have been a number of new

hires in departments, including Health and Nalcor. We know there have been

hires in the Department of Finance and OCIO as well.

an environment where the Premier has stated every dollar counts, and I agree

it does, and were layoffs are expected this week and also in budget number

two number fall, I ask the minister to be forthright and to advise if you

can provide an update on those new positions, on the change in positons and

hires and staff from the time you took office until today. How many people

have been hired on a permanent or contractual or temporary basis?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, I'm

happy to have the Leader of the Opposition come meet with officials of the

Human Resource Secretariat to have a deep discussion about the workforce

realities that core government faces. If he wants to sit through

presentations from all of the agencies, boards and commissions, like our

Treasury Board ministers did, I welcome him to sit down and have those

conversations in his responsibility as Leader of the Opposition.

Quite frankly, the Member opposite should have had the experience to

understand the total number of people at any given time that are in

temporary positions, permanent positons or in a state of new hires is

influx.

he could pinpoint the exact date and moment that he would like to have that

information, I will certainly do my best to have officials provide that

information because, obviously, he is unable to remember the complications

of that last year when he was in the role of premier.

Thank you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Mount Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

Our

administration made smart investments in areas like aquaculture, ocean

technology, Arctic opportunities, venture capital, rural broadband and the

list goes on. We made strategic investments to diversify the economy. The

people of our province are looking to the Liberal government to live up to

their many campaign promises and to deliver their economic plan, the

diversification plan, the magical LEAP plan they promised.

ask the Minister of Business, Tourism, Culture and Rural Development: Where

is the economic diversification plan you promised the people of this

province back in the fall?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Business, Tourism, Culture and Rural Development.

MR. MITCHELMORE:

Thank you, Mr.

Speaker, for the opportunity to answer the question.

I've

been given a clear mandate by the Premier to look at the economic

diversification. Being the lead department in Business, Tourism, Culture and

Rural Development, we have a number of initiatives we will undertake when it

comes to agriculture and growing that sector, when it comes to

manufacturing. I've been meeting with the stakeholders in the innovation

sector.

There are a number of initiatives that are taking place and will continue to

do so in the Department of Business, Tourism, Culture and Rural Development.

We have a delegation here from Nunavut. Right now, we are talking about the

opportunities and the partnerships where we can recruit. We can share

knowledge and expertise and create new business opportunities.

just met with accelerators in Propel ICT before I came here. There are lots

of opportunities to look at how we can advance our economy in Newfoundland

and Labrador. I am very pleased to continue to do that.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Mount Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

That

was an eloquent explanation of the fact that the Liberal government has no

plan to diversify the economy.

SOME HON. MEMBERS:

Hear, hear!

MR. KENT:

I thought they only met

with federal Liberals, but I guess they have other meetings as well. Other

than having meetings and carrying on with the previous government's

initiatives, what specific new actions has the minister taken to diversify

and grow the economy in the last five months? Other than having meetings,

what have you actually taken action on or done specifically related to

economic diversification?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Business, Tourism, Culture and Rural Development.

MR. MITCHELMORE:

Thank you, Mr.

Speaker.

department has undertaken a number of initiatives where we have held

meetings with stakeholders because it is important to consult. It is very

important to have that dialogue. We've had meetings with the agricultural

community as well as forestry roundtable where I met with close to 40

participants, where we talked about the challenges and opportunities that

lie in the sector and how we can advance and move forward in Wooddale, in

Central Newfoundland and Labrador. We're taking initiatives and steps as to

how we can improve the forest sector.

I've

met with the arts community. I've met with innovation. I've been throughout

the province, actually, on the West Coast, in Central Newfoundland, in the

CBN area. I'll continue to have that dialogue as we look at opportunities to

move forward and make strategic investments so that we can grow the economy.

Our

government has a clear vision, our Premier has a clear vision and our

department has a lot of opportunities and knowledgeable staff that can

actually help advance the business community in Newfoundland and Labrador.

MR. SPEAKER:

Order, please!

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Mount Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

lots of consultation, meetings and touring, but no decisions, no action, no

taking a stand on anything and clearly no plan.

Mr.

Speaker, the blame game ramped up yesterday and it was in high gear with the

Premier's comments today. The go-to answer from the Liberals is: not our

fault. They aren't saying or doing much else.

Well, the Liberals stated that they would unveil a major economic

announcement that would create jobs and grow the economy, the Liberal

Economic Action Plan.

ask the Minister Responsible for the Office of Public Engagement: Because

she was one of the people leading the LEAP tour last summer, can she provide

the results of this plan and release the plan, because the Premier and the

minister responsible seem to be unwilling?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister

Responsible for the Office of Public Engagement.

MS. COADY:

Thank you very much for

the opportunity to address that question.

was a very proud Member of the Liberal action team for the LEAP. We

consulted with many, many people in this province. We developed a positive

action plan that the current Premier has had and reviewed, and I'm sure this

government is going to action, unlike the former government who didn't do

very much in terms of diversification, certainly over the last dozen years

when we look at some of the economic conditions that we have today.

Mr.

Speaker, we'll certainly get to that. I have every utmost faith in my

colleague the Minister of Business, Tourism, Culture and Rural Development.

He is exceptionally talented in this area, and I know he's meeting with the

people that we had lots of discussions on.

it's a very robust plan. I know he's getting to it, and I know he'll be

doing a good job.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

The

Minister of Finance recently instructed departments, boards, commissions and

agencies to examine every single program through a so-called partnership

test. Proponents of public-private partnerships use questionable

calculations to inflate government procurement costs. The idea is to make

P3s appear more cost efficient. Auditors General across this country

continue to disagree with these calculations.

ask the Premier: What calculation formula is his minister using in her

attempt to make privatizing government services look cheaper than

conventional government procurement costs?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well, any time you enter into a decision that affects the province and the

investments that would have to be made as an example, the long-term care

plan that the previous administration had entered into, when we really got

in and we reviewed that plan, it was too narrow in scope to make any final

analysis on what truly would be the economic outcome or the service outcome

to the people of the province. So as a result of that plan that the previous

administration put in place was cancelled.

When

you look at privatization or community partnerships, in some cases it's

partnerships with associations. In some cases it could be partnerships with

a community, as an example.

So,

anytime you have an opportunity where you can advance the services for

people of Newfoundland and Labrador and create partners not just with

business, but in many cases with our communities that we can improve the

outcomes for Newfoundlanders and Labradorians, that's the discussion we're

prepared to have.

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.

They

have started a process with their agencies, commissions and departments.

want to know: Will the minister table any analysis used in determining the

basis of comparison between proposed P3 and normal procurement cost, or else

how can they make that determination?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Yes, we will table

any information we use in relation to any decisions we make on any possible

changes in service delivery for the people of the province.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Mr. Speaker, recent

analysis shows that privatizing liquor stores in Alberta and BC resulted in

higher prices and lower revenues to government. Saskatchewan government

stands to lose $3.5 to $7.5 million in revenue annually by allowing only

four new private liquor stores to open in that province.

ask the Premier: Is government considering privatizing Newfoundland and

Labrador Liquor Corporation stores?

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, when we

come into the House on Thursday of this week and present the budget, we'll

be presenting a series of information about the actions that we're

undertaking as part of budget '16, which contrary to the Official Leader of

the Opposition's comments earlier, it is the budget for the full year. We

will be coming back in the fall with supplemental actions.

Those decisions that we would make will be revealed in those budgets. I

certainly look forward to providing that information to the people of the

province.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

did not hear no from the minister. Since privatization, Alberta has foregone

nearly $1.5 billion in revenue.

the Premier saying he is willing, at this time, to lose the revenue

generated by publicly owned liquor stores?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, I can

assure the Member opposite that this government is going to do every single

thing it can do to close the multi-billion dollar deficit that the former

administration left and racked up for the people of the province. We will

make sure that we find every penny to be able to invest in critical services

for the people of the province.

want to ensure and we must ensure that the services people of the province

need are there when they need them. I can assure the Member opposite, that's

the work we're undertaking as part of the budget.

Thank you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

St. John's Centre for a quick question.

MS. ROGERS:

Mr. Speaker, is the

Premier willing to lose over 500 full-time equivalent well-paying public

sector jobs across the province by privatizing the Newfoundland and Labrador

Liquor stores?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board.

MS. C. BENNETT:

Mr. Speaker, I can

assure the Member opposite that there isn't one Member on this House of

Assembly and I would argue any Member in this hon. House that takes

pleasure in the realization that there has to be some form of action that

corrects the fiscal situation we're in. It is not something that we take

pleasure in. It is a very difficult situation. We will continue to make

those decisions based on the right things for the people of the province.

Our

focus is to make sure we do everything we can to have as many people working

in this province because that's important for our economy, it's important

for people and their families and it's an important priority for this

government, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time for Question

Period had expired.

Before we continue with the Order Paper, I've shown a great deal of leniency

with the timing of questions and answers. Today has gotten a little out of

hand. We've had both questions and answers from both sides that have

exceeded 60 seconds. I ask Members to try to contain your questions to

somewhere between 45 and 50 seconds and the answers to 45 to 50 seconds.

The

other thing that I've noticed today is today is the first Question Period

that has gotten boisterous. I promised order and decorum. I intend to keep

that promise for the people of the province. I showed some leniency today

because it is the first day that it's gotten as boisterous as it has, but we

will be containing the level of heckling especially during Question Period

in the future.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Tabling of

Documents

MR. SPEAKER:

Pursuant to

section 8 and

section 10 of the

Public Tender Act I hereby table

reports of the Public Tender Act

Exceptions for September, October, November and December of 2015, and

January and February of 2016, as presented by the Chief Operating Officer of

the Government Purchasing Agency.

Further tabling of documents?

Notices of Motion.

Answers to Questions for which Notice has been Given I'm sorry, Notices of

Motion.

Notices of Motion

MR. SPEAKER:

The hon. the Minister of

Municipal Affairs.

MR. JOYCE:

Mr. Speaker, I give

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

An Act To Amend

The Highway Traffic Act, Bill 12.

MR. SPEAKER:

Further notices of

motion?

Answers to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for

St. John's East Quidi Vidi.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

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

Parliament assembled, the petition of the undersigned residents humbly

sheweth:

propose to close Whitbourne Elementary effective June 2016 and bus them to a

distant school; and

WHEREAS Whitbourne Elementary is an important accessible and inclusive

neighbourhood school with programs, community partnerships and

extracurricular activities designed to meet the particular needs of the

children who attend it;

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

House of Assembly to urge government to ensure that Whitbourne Elementary

school remains open.

And

as in duty bound, your petitioners will ever pray.

I'm

very pleased, once again, Mr. Speaker, to stand on behalf of the residents

of Whitbourne and area, the parents of the children who go to school there

and the community leaders, in presenting this petition. Once again today

hundreds upon hundreds of signatures adding up over the past two days to

almost 2,000 signatures from people in the Trinity Bay South area, the whole

Whitbourne area, the Placentia St. Mary's area; signatures from Conception

Bay South, Conception Bay North all the way to St. John's.

Almost 2,000 signatures now I've presented here in this House, of people who

recognize the responsibility of this government and the responsibility of

the Minister of Education and Early Childhood Development for making sure

the district school board of trustees do what they are mandated to do. They

have a responsibility for making sure that any changes, any closures of

schools that are happening are being done for the good of the children and

of the parents and guardians of those children. That is the minister's

responsibility. That is the government's responsibility.

They

have to answer to the parents who stood on April 2 in Whitbourne and poured

their guts out, Mr. Speaker, and apologized for having to do it. Apologized

for having to stand up and talk about the needs of their children who have

special needs that are taken care of in the Whitbourne Elementary school.

They apologized for talking about these personal, intimate details. They had

to, because the children in a fully accessible school with a community that

the decision that is on the table, if they make that decision, these

children's needs are not going to be met.

The

school they're going to is not even accessible, and that is a fact. It will

not be able to meet the needs of these children. Their parents are so

concerned that their education is going to be disturbed. They are not going

to have their needs met. They are going to miss school. There are times they

will not be able to go to school. Mr. Speaker, I humbly present this

petition on their behalf.

Thank you very much.

MR. SPEAKER:

The hon. the Member for

Mount Pearl North.

MR. KENT:

Thank you, Mr. Speaker.

I am

pleased to present this petition on behalf of residents in the Mount Pearl

area. To the hon. House of Assembly of the Province of Newfoundland and

Labrador in Parliament assembled, the petition of the undersigned residents

of Newfoundland and Labrador humbly sheweth:

WHEREAS 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

is in duty bound, your petitioners will ever pray.

Mr.

Speaker, I've spoken to this issue in the past in this session of the House

of Assembly. I've also had an opportunity to correspond with the Minister of

Education and Early Childhood Development and I thank him for the response.

There is some more particular information that is needed by parents from the

school board to address some specific concerns that still have not been

addressed. Overcrowding is the fundamental issue at St. Peter's Primary.

It's not about staffing. There are great staff and a very engaged school

council. It's not about ratios. The issue is that there isn't sufficient

physical space for the programs that are proposed for September 2016.

The

fact that government and the school board have delayed the planned extension

that was budgeted for, it now won't be ready until at least 2018. That means

that we have a bad situation for at least two school years. This is an

extension that should be fast-tracked.

There is inadequate space for the play-based learning model and teen

teaching for full-day kindergarten. Soon there will be no outside play space

due to modular classrooms and the eventual construction. The parking issues

are atrocious and will only get worse. Students will be eating lunch at

their desks for the next two years. We're concerned about what supervision

will be in place over the lunch period for kindergarten classes,

particularly the ones with over 27 students in them and there will be at

least three of those.

Rezoning the school two years ago was an unfortunate decision that I spoke

against at the time. The move to K to 3 has made this situation worse. We

need the extension. We need accommodation for outside play space. The

parking issues need to be addressed. Some of the supervision issues that are

being raised need to be addressed as well.

This

is fundamentally about overcrowding. There is more that can be done, and I

hope that the school board will take the necessary action.

Thank you.

MR. SPEAKER:

Further petitions?

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:

Junior High school and send students to a distant school; and

WHEREAS the school board has arbitrarily and without consultation reduced

the Holy Cross Junior High catchment area and students will have to be bused

to a far more distant school; and

WHEREAS Holy Cross is an important neighbourhood school with programs,

community partnerships and extracurricular activities designed to meet the

particular needs of the inner-city students who attend it; and

longer accountable to the people who elected them;

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

House of Assembly to urge government to ensure that Holy Cross Junior High

school remains open and to immediately arrange for a democratically elected

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, I'm happy once again to stand in this House to speak on behalf of

the parents and guardians and the children of Holy Cross Junior High, and

the children of St. John's Centre who would hopefully be attending Holy

Cross Junior High.

was astounded yesterday in the House to hear the Minister of Education say

this is not within his responsibility. That the responsibility rests solely

with the school board. Mr. Speaker, I would like to point out again, as I

have before, some of the quotes by the Minister of Education while he was in

and also specifically about the current board of trustees because, as we

know, there has not been a school board election since the year 2009.

That

is scandalous, Mr. Speaker, because we know all of us in this House know

how important it is to have duly elected, accountable trustees on our school

board. That's the very foundation of our school board so that, in fact, the

school board is at arm's-length from government, but it is government who

makes sure that happens.

say, in fact, it is the responsibility of the Minister of Education to

ensure that the very foundation, the very integrity of our school board

system, with duly elected school board trustees, is in fact carried out. I'd

say, Mr. Speaker, in fact that he is abdicating his responsibility. It is

truly his responsibility to do that. Otherwise, what do we have? We have

complete anarchy because we do not have a duly elected school board.

I'd

say every Member in this House of Assembly, particularly those Members who

have children in schools

MR. SPEAKER:

Order, please!

The

Member's time for speaking is expired.

MS. ROGERS:

know exactly how

important that is.

Thank you very much, Mr. Speaker.

MR. SPEAKER:

The hon. the Member for

Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

rise again today to present the petition I presented this is probably the

third time now. As I said, I will continue to present it.

is: To the hon. House of Assembly of the Province of Newfoundland and

Labrador in Parliament assembled, the petition of the undersigned residents

of Newfoundland and Labrador humbly sheweth:

WHEREAS policing is vital to the protection and service of our province's

communities;

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

House of Assembly to urge government to increase the presence of law

enforcement in the Conception Bay South area.

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, those petitions, I have a stack of them. Actually, they were

delivered to me right throughout the community. I said it yesterday and I'll

say it again today that it stretches from the MHA for Harbour Main right

from Seal Cove right down to my colleague for Topsail Paradise District,

right at the beginning of Paradise. The entire district is calling on an

increased police presence. As I said yesterday, I made a commitment I would

advocate for the residents, and I'm continuing to do that.

Like

you say, it's fine to have a police vehicle if you live 30 minutes outside

of Fort Townshend, you need a dedicated office that people can see, locate

it. There has to be something manned. It's fundamentally flawed in my mind

when you've got a town the size of CBS that is arguably the largest

municipality in the province outside the City of St. John's, and we've got

three cars that sometimes they're called away and you've got one vehicle on

we only had two up until about two weeks ago.

don't have anywhere to go, there is no office space, and there is no

recognition the police force exists. There was a building there at one time

with a satellite office. That's no longer there. I've spoken to the town

that, I think, would be willing to have conversations with the RNC to

provide some sort of office space. It's an issue within the municipality,

it's an issue I discussed with our town council, and it's an issue I

continue to speak on. I have a lot more petitions to present, Mr. Speaker.

It's something I'm passionate about. Like I said yesterday, I got the

message loud and clear from the constituents, and I guess my role in the

House of Assembly is to stand and speak on their behalf, which is exactly

what I'm doing.

So I

once again call upon the government to give some consideration to having a

dedicated office with dedicated officers for the Town of CBS. Protection is

everything. As we know, armed robberies are happening on a daily basis, and

they are happening in CBC probably on a percentage-wise more than anywhere

else. Crime, accidents we have a lot of drugs. It's a lot of things

happening in our society and people don't feel safe.

you don't feel safe, Mr. Speaker, that's a pretty sad statement. I think

increased police presence will give an increased sense of security, and no

doubt increasing police presence will give people more sense of security.

Thank you, Mr. Speaker.

MR. SPEAKER:

The hon. the Member for

the District of Fortune Bay Cape La Hune.

MS. PERRY:

Thank you, Mr. Speaker.

It's

certainly an honour and a privilege for me to stand in the House and present

this petition today. To the hon. House of Assembly of the Province of

Newfoundland and Labrador in Parliament assembled, the petition of the

undersigned residents of Newfoundland and Labrador humbly sheweth:

WHEREAS our province's seniors deserve quality care and assistance when

residing in long-term care facilities; and

WHEREAS our province is currently experiencing an escalating shortage of

long-term care beds;

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

House of Assembly to urge government to explore all options, including

partnerships to create new long-term care beds in this province.

And

as in duty bound, your petitioners will ever pray.

Mr.

Speaker, we have an aging population in this province. I'm sure all Members

of this of this hon. House place great value on our seniors. Our seniors are

certainly the reason for being for all of us. They deserve the best of care

in their golden years. As a government, we have a responsibility to ensure

that we do what we can to ensure these years are as enjoyable as they

possibly can be. The government of the day certainly has a responsibility to

address this major issue.

was absolutely shocked, I have to say I'm digressing a little bit from

what I had intended to talk about when I heard today in the House no

denial for the privatization of Newfoundland and Labrador Liquor

Corporation, but no support whatsoever by government opposite for looking at

public-private partnership for seniors' home care. I find that very

disturbing, Mr. Speaker. It makes you wonder where the priorities are and

where the people versus profits really fit in the minds of the Members

opposite.

Long

wait times for long-term care and acute care services remain in our health

sector today, and left unchecked these wait times are going to continue to

grow, Mr. Speaker. Aggressive action needs to be taken and it needs to be

taken now. Our seniors deserve better, far better than what they are

receiving from the government of the day.

Newfoundland and Labrador is facing an increase in demand for long-term care

and community support services. With the population aging and prevalence of

chronic disease and disability increasing, the government must find a way to

meet the needs of seniors and their families.

Mr.

Speaker, I am at a loss to understand why the government will not consider

public-private partnerships because it is in other jurisdictions a very

successful model that works without cost to the government. I would venture

to say it would save government much more than what it will supposedly make

by privatization of many of our services in this province, such as the

Liquor Corporation and God knows what else we're going to hear about on

Thursday.

One

thing I do like is the commitment to provide a cost-benefit analysis on all

of that and we'll certainly be posing the question for the people of the

province

MR. SPEAKER:

Order, please!

MS. PERRY:

what's in the best

interest: partnerships for the people.

Thank you.

MR. SPEAKER:

Further petitions?

Orders of the Day.

Orders of the Day

MR. SPEAKER:

The hon. the Government

House Leader.

MR. A. PARSONS:

Mr. Speaker, I call

from the Order Paper, Order 4, third reading of Bill 4.

MR. SPEAKER:

The hon. the Minister of

Finance and President of Treasury Board

MS. C. BENNETT:

Thank you, Mr.

Speaker.

move, seconded by the Government House Leader, that Bill 4,

An Act To Amend

The Financial Administration Act, be read a third time.

MR. SPEAKER:

It is moved and seconded

that Bill 4 be now read a third time.

CLERK:

A bill,

An Act To Amend

The Financial Administration Act. (Bill 4)

MR. SPEAKER:

Bill 4,

An Act To Amend

The Financial Administration Act, has now been read a third time.

it the pleasure of the House that the bill be read the third time?

All

those in favour?

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

This bill is now read a

third time and it is ordered that the bill do pass and its title be as on

the Order Paper.

motion, a bill,

An Act To Amend The Financial Administration Act, read a

third time, ordered passed and its title be as on the Order Paper. (Bill 4)

MR. SPEAKER:

The hon. the Government

House Leader.

MR. A. PARSONS:

Mr. Speaker, I call

from the Order Paper, Order 5, third reading of Bill 5.

MR. SPEAKER:

The hon. the Government

House Leader.

MR. A. PARSONS:

Mr. Speaker, I move,

seconded by the Minister of Municipal Affairs, that Bill 5,

An Act To Amend

The Interprovincial Subpoena Act, be now read the third time.

MR. SPEAKER:

It is moved and seconded

that Bill 5 be now read a third time.

it the pleasure of the House to adopt the motion?

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

Against?

Carried.

CLERK:

A bill,

An Act To Amend

The Interprovincial Subpoena Act. (Bill 5)

MR. SPEAKER:

Bill 5,

An Act To Amend

The Interprovincial Subpoena Act, has now been read a third time and it is

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

motion, a bill,

An Act To Amend The Interprovincial Subpoena Act, read a

third time, ordered passed and its title be as on the Order Paper. (Bill 5)

MR. SPEAKER:

The hon. the Government

House Leader.

MR. A. PARSONS:

Mr. Speaker, I call

from the Order Paper, Order 7, second reading of Bill 7.

MR. SPEAKER:

The hon. the minister

responsible for Vital Statistics.

MR. JOYCE:

Mr. Speaker, I move,

seconded by the Government House Leader, that I now read Bill 7,

An Act To

Amend The Vital Statistics Act, and be read a second time.

MR. SPEAKER:

It is moved and seconded

that Bill 7,

An Act To Amend The Vital Statistics Act, be now read a second

time.

Motion, second reading of a bill,

An Act To Amend The Vital Statistics Act,

2009. (Bill 7)

MR. SPEAKER:

The hon. the Minister of

Service NL.

MR. JOYCE:

Thank you, Mr. Speaker.

Mr.

Speaker, I rise in this hon. House today to open debate on an amendment to

the Vital Statistics Act, 2009 ,

and making a consequential amendment to the

Change of Name Act, 2009 .

The

Vital Statistics Act, 2009 ,

governs the registration of births, marriages, deaths and other vital events

or information, including gender designation. Under the current legislation,

individuals who wish to change their gender designation on their birth

registration or marriage registration must first undergo sex reassignment

surgery.

The

proposed amendments being presented here today will enable a person to

change the gender designation on a birth registration or marriage

registration without having to undergo surgery.

These amendments to the act respond to the changes that have been requested

by the LGBT community advocates, as well as a recent human rights ruling.

For advocates, this issue speaks to a person's right to self-expression,

safety and privacy.

Other jurisdictions have recognized similar concerns with the legislation,

and the amendments we are making today reflect changes that have already

been made in some other provinces. With the passing of this amendment,

Newfoundland and Labrador will join Ontario, British Columbia, Alberta,

Manitoba and Nova Scotia in allowing a change of gender designation on both

birth registrations and marriage registrations without the need for surgery.

Mr.

Speaker, at this time I would like to provide the hon. House with more

detail on the amendments we are seeking. Under the proposed amendments,

individuals age 16 and older will be able to apply to change their gender

marker on birth and marriage registrations without the need to undergo

surgery. Those under the age of 16 will require a parent or guardian to make

an application on their behalf.

These age limits are consistent with other provincial legislation that

allows individuals 16 and older to make significant decisions on their own.

For instance, a 16-year-old man can make an advance health care directive

under the Advance Health Care

Directives Act . In addition, they are no longer considered a child under

the Children and Youth Care and Protection Act , and may make certain

decisions about their own well-being independently. Allowing individuals 16

and older to apply on their own behalf is consistent with some of the other

jurisdictions which have removed the requirement of surgery.

part of the application process, a person requesting a change in gender

marker will have to provide a declaration stating they identify with and

intend to maintain his or her chosen gender identity. Applicants must also

provide a supporting statement from a registered medical practitioner,

psychologist, nurse practitioner, registered nurse, or a social worker that

confirms the gender designation being applied for is consistent with the

gender the individual identifies as.

Whether an individual lives in an urban or rural community, they should be

able to access at least one of these types of professionals to assist with

their application. In the case of an application for a child under the age

of 12, two supporting statements from separate professionals will be

required in order to ensure protection of the child's rights.

The

proposed approach is in keeping with the professional collaboration already

required for both registrations in general and designated to maintain the

integrity of the registries. Requiring professional confirmation is also

consistent with what has been done in other jurisdictions.

Mr.

Speaker, in order to ensure consistency with other legislation, we are also

proposing an amendment to the Change

of Name Act, 2009 with respect to age requirements.

Currently, a person must be 19 years or older in order to independently

apply for a change of name. To be consistent with the amendments to the

Vital Statistics Act we need now to amend the other legislations to

allow someone who is 16 or older to change their name, in addition to

changing gender. This is done simply by changing the definition of a child

under the Change of Name Act to a

person under the age of 16 years and by allowing a person 16 or older to

make an application to change their name.

Mr.

Speaker, I want to note, Newfoundlanders and Labradorians have been able to

apply for a change of gender designation on their birth or marriage

registration since December 2015. To date, more than 20 people have availed

of this opportunity since it became available in December.

Government policies were changed at that time in response to an order issued

by the board of inquiry that was established by the provincial Human Rights

Commission to address this issue. The order required that transgender

individuals would no longer have to undergo reassignment surgery in order to

have their gender marker changed on their birth certificate or marriage

registration. This effectively made the requirement to have the existing

Vital Statistics Act null and void.

Service NL responded to the order in a matter of days to accommodate those

who wanted to make changes to the gender marker on their birth or marriage

registrations. While the order from the Human Rights Commission was

effective in allowing the department to change its processes, it did not, in

and of itself, actually change the legislation. As such, amendments to the

legislation are necessary to reconcile the gap between our practices and the

legislative provisions.

Mr.

Speaker, we believe the proposed amendment will support inclusion in our

society and address some of the barriers that transgender people experience

in our society. This amendment is about ensuring the safety and the dignity

of transgender individuals, and as I have noted previously, this is

something that has been advocated by the LGBT community for some time.

Mr.

Speaker, as this amendment respects and protects the dignity of transgender

individuals, we hope to have the co-operation of the hon. Members in passing

it. When an individual identity and gender expression do not match their

identification documents, they can experience anxiety, an invasion of their

privacy and sense of security. These amendments will help transgender people

not to have to explain themselves to strangers. This may also help to avoid

possible discriminations or violence against trans individuals.

I'll

conclude now by expressing appreciation for the efforts of the advocates who

have expressed their point of view on this matter, including my hon.

colleagues opposite. I thank them for their courage and commitment to this

issue.

Mr.

Speaker, advancing the rights of Newfoundlanders and Labradorians is a top

priority of our government. By amending the

Vital Statistics Act, 2009 and the

Change of Name Act, 2009 to

support inclusion and protect the human rights of transgender individuals,

we will do just that.

Mr.

Speaker, I'd just like to thank all Members on both sides of the House. I'm

sure we're going to get unanimous consent and support on this. I just want

to thank the Official Opposition and the Member for St. John's Centre also

for their support on this bill.

Mr.

Speaker, this will ensure that the people of Newfoundland and Labrador,

transgender people are treated with dignity and respect. Hopefully, now they

will feel that this government is listening to their concerns and needs, and

that we treat everybody in Newfoundland and Labrador in one way, that is

with respect and dignity. This bill, hopefully, Mr. Speaker, will prove

that.

thank the government before for having the bill ready, Mr. Speaker, and the

Third Party also for their support in the last month or so on this. This is

a government effort, I know, Mr. Speaker, but this is with the support of

all people in the House of Assembly because I know all people in the House

of Assembly are looking forward to this and support this 100 per cent for

the transgender community. I thank everybody for that.

Thank you, Mr. Speaker.

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.

got to say, this is a great bill today. I want to thank the minister and the

department for giving us a great briefing on this particular bill.

It's

a sign of the times. It's somewhere we should be. This bill is important to

a big part of our community out there. We have to make sure that people are

treated fairly and with the respect they deserve.

Mr.

Speaker, I'm going to give you a little overview. I know the minister just

went through a whole lot of it that time but I will just give you a brief

overview on the bill itself, where it came from and how we're here today. He

said his government. I'm sure the whole House will be supporting this bill

because it is the right thing to do. We need to do the right thing for this

community.

November 2015 the Human Rights Board of Inquiry heard a case of individuals

noted. Under regulation, proof of transsexual surgery was needed to be able

to do a change of name. That was done the Human Rights heard this, like I

said, in November 2015. Immediately on their decision, the provincial

government stated its intent in July that the legislation, this amendment

under the Vital Statistics Act ,

during the next sitting of the House of Assembly where we are today this

would be addressed.

The

Human Rights Commission found that the current legislation and this

requirement did discriminate on the basis of gender identification, and thus

ordered to make a requirement to remove it. That's what we're basically

doing here today, Mr. Speaker. The changes on this legislation will give

persons who identify themselves as another gender, but not who undergo

surgery, the ability to have their gender marker changed on their birth

certificate. Once they change it on the birth certificate that opens it up

to be able to change it on different certificates through government,

through the Department of Service NL.

Prior to these amendments, individuals who wished to have their birth

certificates changed, they had to show documentation that they underwent

sexual reassignment surgery. Mr. Speaker, there are many groups that have

advocated on this. I have to applaud one of the Members here in the House of

Assembly, the Member from the Third Party and my colleague for St. John's

Centre. She was a great advocate for this. I applaud her today because it's

a great thing here. I want to recognize that she did advocate a lot on this

particular bill. Without doing this bill we expose transgender people to the

potential of violence and discrimination, and the limited services that they

can provide in government.

Mr.

Speaker, the outcome of these amendments will be seen as positive step for

our province. Initial processing for both these amendments was by our

government. I'm not just taking credit for it because I'm sure all parties

in this House would have, but we brought this forward. As soon as the Human

Rights Board met we said this is the right thing to do. That's why we're

here today in the first sitting of the House to make sure that this is done

properly.

This

legislation is in line with other jurisdictions and is seen as human rights

the LGBT community are applauding and all advocates are applauding that

we're doing this here today. These amendments change the age through which a

person may apply for gender marker change without the consent of a parent.

That's bringing it into line with everything else; 16-year-old is where most

legislation is to, not 19. Previously it was 19 years of age, but this

legislation brings it to 16 years of age.

Where children are less than 16 years of age and wish to have their gender

marker changed, this legislation lays out a process to do so. The process is

in line with that for an adult, but requires the consent of parents and two

statements from two individual professionals. These amendments are in line

with other jurisdictions and in line with the ages used in family court and

other regulatory institutions in our province.

The

legislation illustrates the entirety of this House's commitment to ensuring

Newfoundlanders and Labradorians have access to citizenship documents that

are accurately reflected on their personal information. It is important to

note that the process allows a birth certificate to be changed but once

that's changed, other documents can also be changed.

Mr.

Speaker, this is a very important part of this bill. These changes are

handled by Service NL with the most confidentiality as possible. They are

handled directly by the Registrar and the Deputy Registrar. They are not

handled by front-line workers. This is to ensure the safety and protection

and the privacy of those people applying. Changes on this will only take one

to two weeks once the application is filed to the province.

Our

society has progressed and so does our province need to. Laws that we govern

need to change. The hope is that these amendments will bring us closer to

having a more equal and just society.

Mr.

Speaker, I heard the minister speak and, again, I reiterate what he just

said. This is a great bill here today, great amendments that are made. It is

something that is long overdue. Any time that we can make our society better

and safer and more inclusive for everybody, it's a great thing to do. So we

will be supporting this bill 100 per cent.

Thank you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Virginia Waters Pleasantville.

MR. B. DAVIS:

Mr. Speaker, I'm very

pleased to rise in this hon. House today to continue debate on the proposed

amendments to the Vital Statistics

Act, 2009 . This needs to be

changed for fairness and equality. I'm also pleased to see that the Members

across from all three parties are going to be unanimous on this issue.

my hon. colleague, the Minister of Service NL, mentioned in his opening

comments, the type of changes we are pursuing today have been in place in a

number of other jurisdictions across Canada. To fully understand the

significance of the proposed amendments, not only here in Newfoundland and

Labrador but throughout our country, I believe it is worthwhile to discuss

the national developments over the last few years. Doing so informs the

debate and creates a greater appreciation of how these amendments being

discussed today will bring our province in line with the country or where

the country is going with respect to this issue.

Currently,

section 26 of the province's

Vital Statistics Act, 2009 ,

outlines the requirement for an application to change a person's designation

of gender on their birth or marriage registration. It is in this

section of

the act that currently requires applicants to have sex reassignment surgery

prior to making the application.

Madam Speaker Mr. Speaker. I'm not sure which one is in the Chair yet.

Madam Speaker, this requirement was consistent with requirements from all

other jurisdictions across Canada at the time the act came into force in

2009. However, since that time, a number of jurisdictions have re-examined

the requirements for sex reassignment surgery in light of human rights

complaints and challenges under the Canadian Charter of Rights and Freedoms.

date, British Columbia, Manitoba, Alberta and Nova Scotia have already

amended the legislation to allow a person to change their sex designation on

their birth registration without having sex reassignment surgery. British

Columbia, Alberta and Nova Scotia amendments are in full force. Some of

Manitoba's amendments are in force, while others have not yet been

proclaimed to date. Ontario is proposing changes to its legislation to

remove the requirement for sex reassignment surgery. These changes are

expected to be introduced soon.

response to a court order, Ontario has already implemented a new process for

changing the gender designation on birth certificates without sex

reassignment surgery. As for other provinces, we are aware that Quebec and

New Brunswick are in the review process. For every province addressing the

issue, the overarching policy objective is the same, to remove the

requirement for sex reassignment surgery; however, there are differences in

the approach used to achieve this objective. I want to take a moment to

elaborate on our proposed approach.

places like British Columbia, Alberta, Nova Scotia and Ontario, applicants

are required to have a statement of confirmation from either a psychologist

or a doctor in support of their application. As part of the amendments we

are proposing, applicants will have the freedom to seek a statement of

support from a much broader group of professionals including a physician,

psychologist, nurse practitioner, registered nurse, social worker.

broadening the type of professionals who can provide supporting

documentation, we have made it easier for individuals located anywhere in

our province to seek out a professional they trust, which is very, very

important when completing their application for gender marker change.

felt it was very appropriate to expand the range of professionals beyond the

medical field to include social workers. Social workers have a unique

experience and perspective with respect to helping individuals enhance their

personal well-being.

Requiring individuals to provide supporting documentation is consistent with

practices in other jurisdictions across our country. Such measures ensure

the integrity of vital statistic registries and information.

Madam Speaker, Service NL put the new process in place last December to

facilitate the changes to gender markers on birth registrations and marriage

registrations. This was done in response to an order by the Board of Inquiry

established by the province's Human Rights Commission.

Given that approximately 30 people have already availed of this opportunity

to apply for a change in their gender marker on their birth and/or marriage

registration, we have a good indication that our new process is accessible

to those who want to take advantage of it.

Our

process evolved from significant research and review. This included a

cross-jurisdictional scan and consultation with officials from other

provinces to understand how the issues have evolved elsewhere and how they

responded in changing their legislation and practices. In my opinion,

looking at the best practices anywhere is always a key to success.

Collaboration also took place across departments to develop a full

appreciation of the legal, social, policy and personal health implications

associated with any legislative amendments.

listened to the feedback from the Human Rights Commission and advocates who

spoke on behalf of transgendered individuals. We acted quickly with the

Human Rights Commission to provide an opportunity to assist individuals in

the interim while waiting for legislative amendments to be presented in this

very House.

Today, we stand in this hon. House with an amendment that is tremendously

important to the transgendered individuals and the LGBTQ-plus community

throughout our province. Passing this amendment will complement other

efforts to promote greater inclusion in our society.

For

example, as noted in the Speech from the Throne, our government will develop

guidelines supporting equality and inclusion of all students including

lesbian, gay, bisexual, transgendered and gender non-conforming students.

This will complement the training provided to the district staff and the

implementation of teacher training across the province for the purpose of

building awareness for the LGBTQ inclusive practices.

Madam Speaker, our efforts in this regard are in keeping with the

government's commitment to support a safe and sustainable community. We put

the well-being of Newfoundlanders and Labradorians above all else. The

amendment we are debating today in this hon. House will have a positive

impact on the transgendered individuals who are waiting for this to become

law.

encourage Members opposite to stand with us and I'm sure they will and

bring their wait to an end so that Newfoundland and Labrador can join many

other provinces across Canada in taking the action to address this issue and

ensure we protect the rights of everyone in society.

Thank you, Madam Speaker.

SOME HON. MEMBERS:

Hear, hear!

MADAM SPEAKER (Dempster):

The hon. the

Member for Mount Pearl North.

MR. KENT:

Thank you, Madam Speaker.

It's

an honour to rise and speak briefly to Bill 7 today. This is an important

piece of legislation. It's one that we were certainly committed to. I'm

pleased to see the government is following through and taking action and

getting this unfinished piece of business taken care of.

I'm

only going to comment for a minute or so, Madam Speaker. I think Members who

have spoken so far have done a good job outlining the issues that are

addressed through this bill and why it's necessary and why it's important.

First and foremost, I simply want to say what we're talking about is a

safety issue. Trans people can find themselves in difficult situations

abroad, for instance, if their appearance doesn't match their identity on a

government issued identification card. So there is a legitimate, practical

safety concern and reality that needs to be addressed here. That can leave

trans people more vulnerable to harassment and abuse. It forces them to be

out as trans in what could be very unsafe situations. Trans people deserve

to feel comfortable in themselves and in their communities and live a normal

life without fear of being treated inappropriately.

Some

people can't have sex reassignment surgery due to medical reasons, and it is

important to acknowledge that as well. Wait lists for these surgeries are

between two to five years. People have to leave the province for these

surgeries which means taking leave from work as well. That could result in

loss of income, depending on the type of job they have.

This

type of legislation is progressive. It is nothing new. It has happened in

other provinces. It's the right thing to do and I'm pleased to stand in

support of Bill 7 today.

Thank you.

MADAM SPEAKER:

The hon. the Minister

of Child, Youth and Family Services.

SOME HON. MEMBERS:

Hear, hear!

MS. GAMBIN-WALSH:

Madam Speaker, I rise

in this hon. House today to continue debate on proposed amendments to the

Vital Statistics Act, 2009 .

hon. colleague, the Minister of Service NL, has already spoken to the

specific details of the proposed amendment. Another hon. colleague spoke to

some of the history of the issue and developments in other jurisdictions

over time. This was done to help paint a picture of how change of gender

designation on vital statistics documents is being handled elsewhere and how

that compares to our proposed approach.

this time, I would like to speak about how today's proposed amendment is in

keeping with our government's five-point plan and provides a great

opportunity for collaboration among all hon. Members.

Madam Speaker, supporting safe and sustainable communities is one of the

five points of our government's approach to building a stronger tomorrow.

When we discuss this amendment in this hon. House we are discussing a human

rights issue. We are discussing an individual's right to self-expression and

the right to feel safe.

to this point, transgender people have been required to undertake an

expensive, irreversible and hard to access surgery in order to get

documentation that reflects the gender identity they identify with. This has

created situations where transgender people have had to make a difficult

decision whenever they had to present identification. Many have been in a

position where they had to decide if they were willing to reveal themselves

as being transgender and have a discussion in public about why their gender

marker may not match their presentation. Sometimes they do not even have a

choice. It is a situation that has caused people stress and has caused many

to fear for their personal safety.

At a

time when we are focused on promoting healthy and safe communities, this

cannot continue. Concerns about this issue have been raised by

representatives from the province's Human Rights Commission and by advocates

for the province's LGBTQ community.

outlined previously, governments in British Columbia, Manitoba, Alberta,

Ontario, Nova Scotia, Quebec and New Brunswick also see this as an important

priority and are at varying stages of addressing the issue with changes.

Four of those jurisdictions, British Columbia, Manitoba, Alberta and Nova

Scotia have already amended their legislation to allow a person to change

their gender designation on their birth registration without having sex

reassignment surgery. This gave us a blueprint to work with in terms of

developing our approach.

Having consulted best practice, the provincial government proceeded to speak

with health and social work professionals to gain their expertise. Then,

based on all this information, a number of departments helped developed our

government's approach as outlined by the Minister of Service NL. As a

result, we are now ready to proceed with an important and comprehensive

amendment. As noted previously, our approach will also require a change to

the Change of Name Act, 2009 .

Currently, a person must be 19 years or older in order to independently

apply for a change of name. To maintain consistency across provincial

legislation, we will need to amend the

Change of Name Act, 2009 to allow someone who is 16 or older to change

their name, in addition to changing their gender marker. This is done simply

by changing the definition of child under the

Change of Name Act to a person

under the age of 16 years, and by allowing a person 16 or older to make an

application to change of name.

truly hope we have the support of all hon. Members in advancing all

necessary amendments to address this serious issue.

reiterate, Mr. Speaker, we have an important issue for members of the LGBTQ

community. We have received feedback, expertise and calls to action from

advocates and representatives of the provincial Human Rights Commission. We

have information from other jurisdictions. We have the analysis of officials

in multiple provincial government departments, and now hon. Members have our

first opportunity with this spring sitting of the House of Assembly to take

action to protect the rights and well-being of Newfoundlanders and

Labradorians.

Our

government pledged we would collaborate with other parties on a variety of

issues, and I believe this is one where we can agree we have a

well-researched approach, and the time to move forward is at hand. I urge

all my colleagues in this hon. House to vote in favour of the amendments we

have processed and enshrine into legislation a solution to an issue that has

negatively impacted transgender people throughout Canada.

Our

proposed amendments protect people's dignity, privacy, safety and ability to

freely and fully express themselves. I believe our proposed amendments could

serve as a valuable guide for other jurisdictions that may follow us in

pursuing changes to policies and procedures that have had negative impacts

on members of the LGBTQ community.

Let

us now join together to show people in the community, people working for

human rights and interested parties in other jurisdictions in Canada and

throughout the world, that the Members of this hon. House are able to work

together to bring forward legislation that promotes a stronger, safer and

more inclusive society. Let us show the Human Rights Commission, the

advocates and the LGBTQ community that their faith in us is well placed. Let

us vote in favour of this proposed amendment and permanently enshrine in

legislation a change that will bring a world of positive change for

transgender individuals.

Thank you, Madam Speaker.

SOME HON. MEMBERS:

Hear, hear!

MADAM SPEAKER:

Order, please!

The

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

MS. ROGERS:

Thank you, Madam Speaker.

Today I am very, very proud to stand in this House and to be able to speak

to Bill 7. This has been a long time coming. Although the bill was only just

recently introduced to our House and although I have been speaking about

this issue perhaps only in the last year and a half in this House, the

amount of work that has gone on to get us to this stage has been monumental.

Before going any further, Madam Speaker, I would like to thank all those who

have gone before us who have worked so hard to get us to this motion. How

many trans folks and their allies, human rights activists, LGBTQ activists

have worked sometimes with the potential of their own personal danger

their work has been brilliant. It has been persistent. It has been

courageous, hard work and it's been done by those directly affected and our

allies as well. So today I would like to dedicate this session of the House

of Assembly to those people who have worked so hard to get us to this point.

Madam Speaker, only in the year 2012 I raised a question of the last

minister of the Justice with the previous administration about changing our

Human Rights Act to include gender

identity and gender expression. He said we couldn't do it; it was too

complicated. Here we are, only a few years later, and that legislation has

been amended.

would like to take a great sense of pride in having a hand in getting that

legislation changed because I was able to bring people from the trans

community to meet with the minister of Justice, to meet with officials in

the Justice Department, to talk about why it was so important to change our

Human Rights Act to include gender

identity and gender expression.

Once

we get beyond stereotypes, once we get beyond ignorance, once we get beyond

discrimination, once we stop and we listen to each other with the real

intention of hearing, we get it, because we are an evolving society. We know

that hate, discrimination and misunderstanding that it brings none of us any

further. We know that we can get beyond that.

That

is what's happening in our legislation now. We know that as we evolve as a

society, how important it is for our legislation, for our laws, for our

policies to keep up with our greater understanding, with our intolerance for

intolerance, with our intolerance for hatred. That is what we're looking at

here today.

I am

proud of the activists who have gone before us. I am proud of the work that

we have done in this House around the issue of gender identity and gender

expression. We did it we did it!

Although in this House it was stated only a few years ago that it was too

complicated, but once we start listening to one another, once we start

exploring, we know that nothing is too complicated and that we have the

ability to evolve. We have the ability to do the right thing, and that is

what we are doing here today.

I'd

also like to thank and give a big shout out to Kyra Rees, a trans woman who

so bravely and courageously went to the Human Rights Commission looking for

the right to change her gender markers on her birth certificate without

having to first undergo sex reassignment surgery. It didn't pass with the

Human Rights Commission. So then there was a court case and she was

represented by Kyle Rees, a young, independent private lawyer, who did the

work pro bono on behalf of Kyra Rees.

I'd

like to thank them for their groundbreaking work. I'd like to thank them for

their dedication, for their passion and their compassion. I'd like to thank

all trans people who have pushed us, who have pulled us, who have educated

us, who have spent time with us, who never gave up, to bring us to this

point.

I'd

like to thank the staff of Vital Statistics for their very thorough

briefing. They did a lot of work on this legislation. I would like to thank

the minister of Vital Statistics, of Service NL. I'd like to thank him for

his persistence on this issue as well. Without all that work together, we

would not get to this point today.

would also like to thank the front-line workers at the department of Vital

Statistics. I can remember years ago when the legislation was changed to

allow same-sex marriage in Newfoundland and Labrador. I was the first

lesbian, the first member of the LGBTQ community, to be appointed as a

marriage commissioner. So I had to deal with the front-line workers there

and they were fantastic. They actually celebrated once the law was changed

to allow same-sex marriage.

can all remember the years of opposition to that movement. Yet, it hasn't

affected anybody else's marriage. The world has not fallen apart. As a

matter of fact, we can all feel better because we know that this is about

rights, it's about fairness, it's about justice and it's about dignity.

would like to thank the front-line workers at Vital Statistics who have

dealt with the new legislation in such a dignified and respectful manner to

anyone who comes to them seeking marriage licences. Their work has been

exemplary. As a marriage commissioner, I've had that same respect and

dignity afforded to me. It's just a win-win situation.

would like to thank the members of the Human Rights Commission and also the

chair of the Human Rights Commission, Remzi Cej, for the great work that

they have done being very proactive. Our Human Rights Commission, its role

is not to be just reactive, but it's to be proactive as well. With the small

budget they have, with the small number of staff they have and the huge job

before them, they have done an incredible job.

Rights are not given, they are hard won. We know that, so we need to respect

this process. Oftentimes as legislators, we are pulled kicking and screaming

into evolving our laws, our policies and our regulations to meet where

activists take us because they are teaching us to be tolerant, to have less

tolerance for hatred and discrimination, and our laws have to reflect that

and our policies must reflect that.

why is this particular bill important? Because all it is, is a little m or

a little f on your birth certificate. Why does this matter? It matters a

lot for reasons of dignity, for reasons of fairness and justice, but also

for personal safety.

The

birth certificate is a foundational document, and it's from the birth

certificate where every other document a person receives is based. If I'm

looking for a passport, my passport will reflect what my birth certificate

says. If I'm looking for a driver's licence, my driver's licence will

reflect my gender as identified on my birth certificate. So it's important

to be able to have all these documents aligned. But why is that important?

Imagine you are a 19-year-old transgendered woman. You pass as a woman, you

appear as a woman, you live your life as a woman. You go to a bar and you

are asked for your ID and your ID says that you are a man, yet you are very

clearly presenting as a woman. Imagine how difficult that must be. Imagine.

Imagine if you are travelling to other countries and you are presenting as a

woman, yet your passport says you are a man. In some countries, your very

life could be in danger. That's why this is important. Aside from what

appears to be the less urgent incidents of constantly coming out, it's also

in these very, very important and sometimes dangerous incidents in people's

lives. That's why this is so important. It doesn't diminish anything for

anyone. It's the right thing to do.

Now,

there were some issues I raised in the briefing with the staff from Service

NL about some of the concerns that were raised by other activists. They were

very, very good. We had a wonderful discussion and we talked about some

issues about how they will be addressed, because once we start looking at

issues of changing gender markers there's a domino effect on how it will

affect ways that we register people, ways that we document people in our

services.

the current act that we have now doesn't allow flexibility in terms of

changing the sex designation on the birth registration. Some people refer to

that as the gender markers, whether you're marked as male or female. This

legislation, in fact, will allow people to change their gender markers

without having sexual reassignment surgery. A lot of people will not have

sexual reassignment surgery. Some people may only have certain sexual

reassignment surgery and not complete. Again, this protects all trans

people.

Some

of the issues that people were concerned about were my birth certificate,

who will have access to my original birth certificate? Because what will

happen is that the original birth certificate will stay as it is, the gender

marker will be crossed out, and over that line the new gender will be added.

So what does that mean? Who has access to that original birth certificate?

We were assured that only the registrar and the deputy registrar have access

to that original birth certificate and it's the birth mother who has access

to that original birth certificate. So no one can go in and check to see

whether or not your gender marker has been changed.

The

other concern was: Do the police have access to it? Well, the police can

only have access to that original birth certificate if they apply to the

Registrar General and then the Registrar General will get a legal opinion as

to whether or not it's justified to allow the police to see that original

birth certificate.

concern as well was what will happen, for instance, if a child whose parent

has changed their gender marker, what will happen if you cannot change a

child's birth certificate you cannot change the gender marker of a parent

on a child's birth certificate. So my concern was what would happen if Susie

was in grade one, she had a birth certificate and it said that her mother's

name was Martha, but in fact her mother had changed, was transgender and was

now a man, how difficult that would be for Susie.

Well, what we're assured is that, in fact, only the long-form birth

certificate is accessible, the original birth certificate is accessible to

the birth mother. In fact what happens in schools is that short-form birth

certificates are given. It doesn't list the gender of the parents; it only

lists the name and the gender of the person whose birth certificate it is.

So there have been a number of issues that we discussed to make sure that

there are protections in the rollout effects and the domino effects of any

gender marker changes.

will run into some particular difficulties. It's not entirely failsafe, but

I believe that the good folks at the Department of Service NL have done

their best and have used the most modern approach presently in the country

of Canada to address this bill.

They

have looked at other jurisdictions, in particular Alberta, BC, Manitoba and

Ontario. Also, our legislation now is closest to the legislation in Nova

Scotia. They've also expanded who can testify, who can assure that the

person who says that they are transgender, in fact, are transgender. They

have included beyond what other provinces have identified. They have also

included nurses and social workers. So we feel pretty assured that people

will be able to find somebody who can vouch for them so that they may be

able to change their gender markers.

Madam Speaker, I am happy that we have gotten to this point. I believe that

the legislative changes are thorough. I believe that they are well planned

out. I believe that for the most part the transgendered community and

transgendered activists and LGBTQ activists will be happy with this change.

I do

want to raise that we have not finished. The whole issue of health services

for trans people in Newfoundland and Labrador is woefully inadequate. That's

another issue that we are going to have to look at. It's another issue that

demands our attention. It also is an issue of basic human rights and rights

to equal treatment in our health care system.

I'm

going to be happy to be able to raise that another time in the House. I'm

going to be happy to push the Minister of Health and Community Services to

do the right thing, to amend policies and regulations, to ensure that the

trans community has access to full and equal health care in our province.

would like to say that we have come a long way. It has taken a lot of work.

It has taken petitions. It has taken letters. It has taken demonstrations.

It has taken one-to-one meetings. It has taken all of that to get us to this

point. We can be proud, and I'm looking forward to unanimous support for

this bill in the House.

Again, sometimes as legislators we just have to be dragged kicking and

screaming to do the right things but we have been. We are learning and this

has been I'm very, very happy to support this and I am very proud of what

we are doing here today in our House of Assembly.

Thank you very much.

MADAM SPEAKER:

The hon. the Member

for Bonavista.

MR. KING:

Madam Speaker, it's an

honour for me to rise here today and speak to my first piece of legislation

here in the House of Assembly.

SOME HON. MEMBERS:

Hear, hear!

MR. KING:

This has been a lifelong

dream of mine to work on legislation that will positively change the lives

of many Newfoundlanders and Labradorians.

As a

member of the Government Services Committee, I feel it's important for me to

speak on Bill 7. I'd like to acknowledge the hard work put forward by the

Member for St. John's Centre, Gerry Rogers, in advocating for this change

which is long overdue.

amend a phrase coined by Prime Minister Trudeau, because it's 2016, these

amendments today formally catch up with a recent human rights ruling. We are

finally removing discrimination from gender identification. No longer will a

person have to undergo surgery in order to change their gender.

the Member opposite talked about, and I'm going to be much shorter than her

because I'm not an expert but I do feel that any sort of discrimination is

wrong. That we move forward and we pass this bill. This amendment goes a

long way to protect transgender Newfoundlanders and Labradorians from

harassment and discrimination.

the Minister of Child, Youth and Family Services mentioned, this will go a

long way in providing safe and sustainable communities. It allows people to

be who they are. It allows people to have a piece of identification that

actually states who they truly are without any fear of repercussions.

Advocates from the LGBTQ community should be applauded for their hard work

in putting this issue in the forefront and allowing Newfoundland and

Labrador to catch up with other jurisdictions, such as British Columbia,

Manitoba, Alberta and Nova Scotia.

Service NL staff should also be commended for their hard work in putting

this amendment together. They've undergone countless hours of research,

reviewing best practices from other jurisdictions and drafting the bill that

we have before us here today. They've consulted with the Opposition and

Third Party. They've consulted with other groups and they've done their hard

work. It's an honour to be here today to speak on this bill. Hopefully, I'm

sure we'll get it all passed here shortly.

As I

mentioned, we've taken the best practices from other jurisdictions.

Applicants can now be evaluated by one of five medical professionals, more

than any other province. This includes a medical practitioner, which include

doctors, a registered nurse, nurse practitioner, a psychologist registered

under the Psychologists Act, 2005

or a social worker.

I'm

honoured to be able to vote for this bill today and I'm sure Members here

will do that same. With that, I'm going to conclude my statement.

Thank you very much, Madam Speaker.

SOME HON. MEMBERS:

Hear, hear!

MADAM SPEAKER:

The hon. the Minister

of Municipal Affairs and Service NL.

MR. JOYCE:

Thank you, Madam Speaker.

just want to thank everybody for their comments here today in supporting the

bill. This is a bill that has been on the radar for a while for a lot of

people in Newfoundland and Labrador. The Member for St. John's Centre has

mentioned several times that it has been pushed in the House.

no time, I must say, did the people on this side who were in Opposition at

the time ever say this bill should never be brought in the House. We

always supported this being brought in the House. Madam Speaker, to show our

commitment on this bill, this is one of the first bills we're going to get

passed in the House of Assembly as we committed to when we were in

Opposition.

just want to thank everybody. I know the Member opposite, the critic, has

spoken very highly on the bill. Also, he is very supportive.

Madam Speaker, as I always said, you always give credit where credit is due.

The former government had the bill pretty well ready to go. So I have to say

the officials in the other government before the election had the bill

almost ready to go. This is a bill that I c