June 10, 1992                 HOUSE OF ASSEMBLY PROCEEDINGS              Vol. XLI  No. 54


The House met at 2:00 p.m.

MR. SPEAKER (Lush): Order, please!

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Forestry and Agriculture.

MR. FLIGHT: Mr. Speaker, I would like to advise this hon. House that the Department of Forestry and Agriculture will be carrying out a small insect control program against the spruce budworm in 1992.

The proposed program consists of treating approximately 10,000 hectares of balsam fir and spruce with two applications of Bt, a biological insecticide specific for three defoliating insects such as the budworm and the hemlock looper.

The main treatment blocks are located near Codroy Pond and in the silviculture stands in southwestern Newfoundland. The Bt will be applied using single-engine spray aircraft working from Stephenville Airport. In addition, approximately 300 hectares of silviculture areas on the Avalon will be treated using a helicopter.

The program is expected to commence approximately mid-June and continue up to mid-July, depending on weather conditions and insect development.

The last spruce budworm spray program was conducted in 1985. There was no insect control program carried out in 1991 as there was no need for one. However, we carried out various surveys to determine the extent of insect population and concluded that a spray program was not necessary.

As in previous years, the program will be carried out under licence from the Department of Environment and Lands and according to various guidelines for the use of aerially sprayed pesticides.

Mr. Speaker, attached to the statement is information of a technical nature for the media and phone numbers that the general public can call with regards to questions regarding the spray program.

Thank you.

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

MR. R. AYLWARD: Thank you very much, Mr. Speaker.

I thank the minister for providing me with a copy of his ministerial statement, and I want to thank the Member for Humber Valley for flushing the minister out yesterday when he asked the question on the spray programs.

SOME HON. MEMBERS: Hear, hear!

MR. R. AYLWARD: I do not know the purpose of this statement today. The minister announced this yesterday when asked the question by the Member for Humber Valley, that we would have a 10,000 hectare spray program in the Codroy Valley area.

I congratulate the minister for having the program - for having his spray program. We know our forests are becoming infested again with the spruce budworm. Scientists from Forestry Canada have told the minister and his department that there is about to be an outbreak of spruce budworm again in the Province, and we should be spraying to try to alleviate this problem.

Last year when the minister announced the program that he had - or he did not have, I do not think, last year - we asked him for some of the copies of the recommendations from the federal scientists and from his own staff. We never did get them. We asked again yesterday what recommendations were made by the federal people and his own staff. The minister keeps telling us that he will provide them, but it is worthwhile to note that he never does provide any of these recommendations that are made by the scientists.

We know that the minister himself is completely opposed to chemical sprays. I guess that is certainly his own opinion. This government is opposed to chemical sprays. That is their policy; but I would like to see what the federal scientists recommend before I could agree or disagree with their policy.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Before calling Oral Questions, I would like to welcome two or three groups of students who are in the public galleries today.

First, I would like to welcome thirty-four students from Bayview Heights Academy School, Gambo, from the great and historic district of Bonavista North. They are accompanied by their teachers, Mr. Green, Mr. Collins, and chaperons, Mr. Baxter Collins and Jody Beckett.

We would also like to welcome twenty-four students from St. Pius X Junior High School here in St. John's. They are accompanied by their teacher, Mr. Gary Rumbolt.

Lastly, we would like to welcome eighteen Grade VI students from the Pentecostal Elementary School, Bishop's Falls, in the district of Exploits. They are accompanied by their teachers, Mr. Albert Hodder, Mr. Cecil White, and Mrs. Melvina White.

SOME HON. MEMBERS: Hear, hear!

Oral Questions

MR. SPEAKER: The hon. the Member for St. Mary's - The Capes.

MR. HEARN: Mr. Speaker, my question is to the Minister of Municipal and Provincial Affairs.

Would the minister confirm that over the last couple of days, a number of councils have received letters from the minister's department advising them that the municipal operating grants have been reduced severely?

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

MR. HOGAN: I would suggest, Mr. Speaker, that some councils have received notification that they are reduced and some have received notification that they are increased.

MR. SPEAKER: The hon. the Member for St. Mary's - The Capes.

MR. HEARN: Mr. Speaker, the minister is well aware that these councils have submitted and have had their budgets approved quite some time ago. I wonder if the minister will tell us now, how he expects councils, who have been cut severely, to live within their budgets?

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

MR. HOGAN: Looking at some of the cuts which, fortunately or unfortunately, are in one of the more resourceful centres, they will balance budgets with a great deal of difficulty, but the councils in question have been invited to consult with us both at the regional and at the provincial level, so that if it is insurmountable in dealing with deficits or anticipated deficits that we can work something out and be of some assistance to them, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. Mary's - Capes.

MR. HEARN: Mr. Speaker, I ask the minister, in light of the fact that communities such as Renews and Fermeuse, Witless Bay and Bay Bulls have had severe cuts, what does the minister suggest to them? Does he suggest that they cut the already meagre services, does he suggest that they lay off people, or does he suggest that in order for them to balance their budgets, some of them would have to increase the personal tax by anywhere from $30 to $70 per taxpayer?

Small councils have been cut up to $23,000, so does the minister suggest that they reduce services, lay off staff or, raise taxes in an area already devastated by the fishery and other events?

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

MR. HOGAN: The minister, Mr. Speaker, suggests none of the above. Come see us and see what we can work out.

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

MR. A. SNOW: Mr. Speaker, my question is to the Minister responsible for Mines and Energy. Talks between Quebec Hydro and Newfoundland and Labrador Hydro were suspended or broken off on March 3. Prior to that, my understanding is that negotiations teams met at least every month. I wonder if the minister could tell us whether or not talks have resumed and what was the date of the most recent meeting.

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

DR. GIBBONS: Mr. Speaker, the talks were not broken off or suspended on March 3. That was the date of the last meeting, and there will be future meetings when the parties are ready to meet.

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

AN HON. MEMBER: Come clean with it. 'Rex'.

MR. A. SNOW: I wonder if the minister would update us a little more, be a little more forthright and give a bit more information to the people of this Province. Have any other meetings been rescheduled?

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

DR. GIBBONS: Mr. Speaker, no meetings have been rescheduled at any time.

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

MR. A. SNOW: Mr. Speaker, why doesn't the minister - I was about to use the phrase 'coming clean', but. of course, that would be used much to much with this particular administration. But why doesn't the minister be more honest and open with the people of this Province and tell the people of this Province exactly what the status of these negotiations that he suggested aren't broken off and aren't suspended. They are in limbo, I suppose, are they, Mr. Speaker? Why doesn't the minister simply acknowledge the fact and tell us why these negotiations have failed?

SOME HON. MEMBERS: Hear, hear!

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

DR. GIBBONS: Mr. Speaker, as far as I am concerned, the meetings are ongoing. There is just a little bit of extra time between this last meeting and the next one, and there is no change.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker. I have a question to the same minister. As the minister knows, there is growing concern out and about the Province about the fate of the Come-By-Chance Oil Refinery. Many people are expecting that within a few days there will be hundreds of people put out of work once again.

I know the minister has sort of, over the last few days, indicated he didn't want to talk about it too much. People are, indeed, worried, particularly those who are employed. Can the minister inform the House or say anything that would put their minds at ease on this particular matter?

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

DR. GIBBONS: Mr. Speaker, I am hoping there will be no reason for Come by Chance refinery to close down. Come by Chance refinery is continuing to operate right now, and we are going to have meetings in the near future to have discussions on some things that we want to talk about with the principals involved.

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

MR. MATTHEWS: Thank you, Mr. Speaker. We have known for some months that there were problems being experienced with the refinery. Let me ask the minister: Has his department or government been doing anything over the past number of months to try to keep the refinery operating? It is the only one in the Province. There is no competition with existing companies. Has the provincial government been asked for help or have they offered any help?

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

DR. GIBBONS: Mr. Speaker, I have not been asked for help and we haven't had to do anything over the last many months to help the refinery continue to operate.

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

MR. MATTHEWS: The minister is being evasive again, Mr. Speaker. I don't know why he is trying to keep information from the people of the Province, as he is doing with the Churchill Falls negotiations and now with Come by Chance. He is trying to be very silent as if there are no problems.

Let me ask the minister this: Should the current operators of the refinery pull out or withdraw, does he, as minister, have a strategy in place to find a new operator for the refinery, and will he make his best efforts to keep this industry operating in this Province? There aren't too many industries left in the Province, I say to the minister, since this government took office three years ago. Will they make every effort to keep this one operating?

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

DR. GIBBONS: Mr. Speaker, I have received no indications that the present operators are considering pulling out or leaving and I don't want to speculate on anything related to it.

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

MR. MATTHEWS: A final supplementary to the minister, Mr. Speaker. I would like to refer the minister to Hansard of May 4. The question was put to the minister by the Member for Green Bay, when he talked about Cumberland Farms. The minister then said he understood Cumberland Farms Incorporated had not gone into receivership, and so on. "They expect to be re-organizing their debts and hope to pay off creditors in the next three months." He said at that time: "I have learned from a representative of the company that there is no immediate effect on Come by Chance." Does the minister still stand by that statement today?

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

DR. GIBBONS: It is my understanding, Mr. Speaker, that there is no direct ownership position between Cumberland Farms and the refinery.

MR. SPEAKER: The hon. the Member for Torngat Mountains.

MR. WARREN: Thank you very much, Mr. Speaker.

My question is to the Government House Leader. In the last few days, the Newfoundland Medical Association have come out against the proposed incinerator in Long Harbour. Yesterday, the Nurses' Association did likewise. Mr. Speaker, Newfoundlanders and Labradorians throughout this Province are against this proposal in Long Harbour. Now, would the minister confirm to this House that the government is also against the proposed waste incinerator in Long Harbour?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, there is no proposal registered with this government. There is no request to this government in terms of any such incinerator, any such proposal. I understand from the press and members opposite that there may, at some point in time, be a proposal submitted to this government. If so, then it will undergo the normal, rigorous environmental assessment process.

MR. SPEAKER: The hon. the Member for Torngat Mountains, on a supplementary.

MR. WARREN: Thank you, Mr. Speaker.

Would the minister do the right thing and advise the company, the proponents of this particular waste disposal incinerator for Long Harbour, that it is no good for them to ask for an EIS on this particular project, because the people of Newfoundland and Labrador are completely against it?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker -

SOME HON. MEMBERS: Oh, oh!

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

The question was raised by the hon. the Member for Torngat Mountains to the President of Treasury Board, whom I have recognized.

MR. BAKER: Mr. Speaker, some time ago, the Environmental Assessment Act was introduced into this House. The purpose of introducing that act - and it is a good act - was to avoid any sudden decision-making, number one, number two, to make sure that decisions were made on a sound basis and, number three, to ensure that what is done in this Province would not be harmful to the environment. So that act was introduced. Government is bound by that act, Mr. Speaker.

Now then, we are doing the right thing within the intent of the act and direction of the act, that when a proposal is made to us, we put it through that process to have a complete environmental examination done. We owe that to the people of the Province, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Torngat Mountains, on a supplementary.

MR. WARREN: Thank you very much, Mr. Speaker.

I say to the minister, that government was bound by the Collective Agreement Act, also, which they changed.

Mr. Speaker, my next question to the minister is: Would the minister confirm - Mr. Speaker, a few days ago, I asked the Minister of Environment and Lands if she would lay on the table of this House the agreement that was signed between the government and Albright and Wilson with respect to the clean-up. The minister, at that time said she would not mind talking about some details of it but she would not let the public see the document. I would like to ask the minister now if Cabinet has in the last three months made some changes to the document that was signed with Albright and Wilson and which has now caused Albright and Wilson not to be particularly concerned about the clean-up?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, this is absolutely amazing. Members opposite sat there for seventeen years while phosphorus was polluting the whole area and said nothing and did nothing and now they ask a question which speculates on Cabinet making behind the scenes changes to some agreement. No such thing has ever happened and no such thing will happen. The hon. member is simply into a little bit of fearmongering and trying to build up a little bit of controversy about something that he has no indication has ever happened, has never happened, and nobody in this Province believes happened. He is simply pulling it out of thin air and trying to get a little bit of attention for himself. It probably works.

MR. SPEAKER: The hon. the Member for Harbour Main.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

If hon. members would like for Question Period to continue in its normal fashion I will allow them to do it.

I recognize the hon. the Member for Harbour Main.

MR. DOYLE: Thank you, Mr. Speaker.

I have a question for the Minister of Health. The most common injury that people experience and the most common cause of lost time in the workplace is back injury as the minister is aware. Now, in many cases the only way that these injuries can be properly diagnosed is through the use of myelogram X rays and these X rays are done at two hospitals. Now, currently there are long lineups and long waiting periods for that service as well. Is government aware of these long lineups and these long waiting periods? And what is the minister prepared to do about it?

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

MR. DECKER: Mr. Speaker, there are many varied reasons why people do not have their back injury attended to. One of them is the shortage of specialists in certain specific areas and another suggestion which I thought the hon. member might have been coming with was the role of the chiropractor in this. There are a whole lot of areas and it would be unfair to take one and say, this is the problem here, you solve that and you solve the whole problem. I do not have in my head just how long a waiting list there is. Maybe the hon. member does have that but I am not sure of any major problem in any one area. There is a general problem, Mr. Speaker, in the whole area and you just cannot sort out one specific incident.

MR. SPEAKER: The hon. the Member for Harbour Main on a supplementary.

MR. DOYLE: This is not only a matter of prolonged discomfort and pain to those people who have to wait but it also incurs considerable cost to the economy as well, I say to the minister.

If it is not diagnosed and treated on a timely basis it can be of considerable cost to the economy. Is this not a situation, I ask the Minister of Health, where not spending a few extra dollars on the health care system is costing far more to the economy through lost work time and through the fact that we have to pay workers' compensation benefits?

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

MR. DECKER: Mr. Speaker, if it were only that simple it would have been solved three years ago. Notice I did not say three and a half years ago, Mr. Speaker, I said it would have been solved three years ago. It is a complex issue which the department and Workers' Compensation is dealing with. The fact that the previous administration practically -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I remind hon. members to my left that I find a lot of loud talking and I find it difficult to concentrate on either the questions or the answers so I ask hon. members to please co-operate.

The hon. the Minister of Health.

MR. DECKER: Mr. Speaker, as I pointed out it is a complex issue and there are many components to it which the Department of Health and Workers' Compensation are trying to deal with. I should say it is unfortunate that the previous administration did not take this a little more seriously and had not driven Workers' Compensation into debt of $164 million. That is going to have a far greater impact on people's backs and people's arms, and people's legs in this Province than anything to do with myelograms.

MR. SPEAKER: The hon. the Member for Harbour Main.

MR. DOYLE: Let me say to the Minister of Health, no matter what the situation, people in this Province are facing long delays, long lineups, long waiting periods in virtually every sector of our health care system in Newfoundland and Labrador. The reason purely and simply, from what I have been able to learn and what people are saying, is that the minister and the government is deliberately downgrading the health care system in this Province for the sake of the bottom line which is money. Now is the bottom line on the governments budget of far greater concern to the Minister of Health than the pain, the anguish, the suffering and the torment that people have to experience, the thousands of Newfoundlanders who are victims of this health care system, who have to wait in long lineups in this Province?

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

MR. DECKER: Mr. Speaker, the hon. member is obviously caught in a time warp. He is talking about the things that used to be. When we took over this health care system, Mr. Speaker, it was in a total mess. It was in a total mess, Mr. Speaker. There were duplications, there was chaos, there were leaky roofs, there were blown out windows, there were doors that wouldn't lock, Mr. Speaker, there were beds that weren't staffed, and I could go on and on forever. One of the first things we undertook to do was re-organize the health care system.

Now, Mr. Speaker, it took seventeen years for us to inherit the mess that we inherited. We can't solve it all overnight. But the people of this Province can be assured that this government is doing its utmost to try to deal with some of the problems that we inherited in the health care system, as in the education system, as in every other system that we inherited from the previous administration.

SOME HON. MEMBERS: Hear, hear!

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

MR. WINSOR: Thank you, Mr. Speaker. My question is to the Minister of Education. The minister is aware that again this week the university announced tuition hikes for Memorial University. 1988-89, the last year of the former administration, one full year of tuition, two semesters, cost $1,164. Today, 1992-93 that same full-time two semesters will cost $1,700, a 46 per cent increase in tuition since 1989.

Mr. Speaker, I ask the minister, is it his plan to shift the full cost of post-secondary education to students of this Province?

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

DR. WARREN: Mr. Speaker, I genuinely thank the member for asking that question because I have been waiting for it for the past few days. I thought they would find out last week that memorial announced an increase in fees.

Mr. Speaker, memorial did announce an increase in fees. Fees are going up all across this country. But this year, with the possible exception of Quebec, fees at Memorial University are the lowest in this country, Mr. Speaker. They are the lowest in Canada. I can quote you statistics about even in Atlantic Canada. At smaller universities like St. Mary's University, the fees were $2,150 last year compared to $1,544 in Newfoundland and Labrador. All over the country, with the possible exception of Quebec, the fees at Memorial University are the lowest in the country, Mr. Speaker. In Quebec I would think -

AN HON. MEMBER: (Inaudible).

DR. WARREN: Mr. Speaker, do they want to hear the answer, or they want to -

AN HON. MEMBER: (Inaudible).

DR. WARREN: Do you want to hear the truth?

MR. SPEAKER: Order, please!

AN HON. MEMBER: You are afraid of the true.

AN HON. MEMBER: (Inaudible).

DR. WARREN: Mr. Speaker, within a year we will be the lowest in this country because Quebec is going up 20 to 25 per cent a year. They had a freeze. That is the first point, Mr. Speaker.

The second point I want to make is that the government of this Province gives more to Memorial University for operating grants per student than any province in Canada.

SOME HON. MEMBERS: Hear, hear!

DR. WARREN: In 1990-91, Mr. Speaker, we gave, the Province of Newfoundland and Labrador gave Memorial University $8,545 per student, the next was $8,000 in Quebec, and in Nova Scotia, our sister province, Mr. Speaker, in the Atlantic region, they gave the universities there $6,217 per student per year for operating grants. We continue to fund post-secondary education. We lead the country in our grants to the university.

The third thing, Mr. Speaker, why doesn't he go to Ottawa and call on his friends, his pals and his colleagues in Ottawa to increase the student loan program like we did in this Province instead of getting up here, Mr. Speaker, and trying to make political points. Go to Ottawa and get them to increase the student loans.

SOME HON. MEMBERS: Hear, hear!

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

MR. WINSOR: Thank you, Mr. Speaker.

Doesn't the minister also realize that the wages in this Province are the lowest in the country and so we should have the lowest tuitions.

SOME HON. MEMBERS: Hear, hear!

MR. WINSOR: Mr. Speaker, shameful of the minister!

Doesn't the minister know that 70 per cent of the students in this Province finance their education through student loans, and prospects for the summer -

MR. DUMARESQUE: (Inaudible) and zero increase in eight years.

MR. SPEAKER: Order, please!

MR. WINSOR: - and prospects for the summer for student employment - Mr. Speaker, if the Member for Eagle River could restrain himself I will get on with the question.

MR. MATTHEWS: He is too immature, too childish, as the Premier said about him.

MR. WINSOR: Mr. Speaker, prospects for the summer for student employment in this Province are nil. Mr. Speaker, I ask the minister this question:

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I want to remind hon. members from both sides of the House that it is totally outside of the rules of the House, not within any Standing Orders that I know of, for a member to be constantly interrupting another member while that member is: One, answering a question; or, two, asking a question. I ask hon. members, please, to follow these rules.

If an hon. member were to stretch that and to imagine that what that member is doing were being done by twenty-five or thirty other members, that would be quite a situation in this House.

I ask the hon. member, please, to finish his question.

The hon. the Member for Fogo.

MR. WINSOR: Thank you, Mr. Speaker.

Bearing in mind that the students of this Province have to depend on student loans and their inability right now to find jobs, is it now the policy of this administration to limit university education to students who can afford to pay the bill? Is that the equality that the minister talks about?

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

DR. WARREN: Mr. Speaker, Memorial University has the right to increase fees. It did this year. I think on an average they are collecting about 8 to 10 per cent more, totally on fees, than they did last year. That is the first point, Mr. Speaker. In some cases I think they are doing it under a restructured plan where the increase, if you are doing three or four courses is, perhaps, only 3 or 4 per cent. They have done it under a restructured plan.

Secondly, Mr. Speaker - I think I would congratulate the university on another initiative it took this year - it put $500,000, I have been informed, into a fund for needy students. Mr. Speaker, I may be criticized for saying this but I believe people who can afford to pay for post-secondary education in this country, should pay a higher percentage of the cost. Mr. Speaker, those who cannot afford it should get more help. Memorial University this year is putting $500,000 into an assistanceship program to help needy students.

In this Province, Mr. Speaker, I can assure the people that we believe that post-secondary education is important. Right now the students in Newfoundland and Labrador pay about 15 per cent of the cost of university education. There are other provinces moving towards 25 per cent. We are going to continue high priority for post-secondary so that our students won't have to pay 25 per cent, and we are going to continue to reform the Student Aid Program to ensure that those who need extra help will get it. We are committed to equality in this Province. We have demonstrated our commitment by reforming the Student Loan Program and I urge the federal government, for the first time since 1984, to change their student aid program and to provide more help to the students in this Province who need it.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. WINSOR: Mr. Speaker, let me ask the minister: Is the minister aware that 70 per cent of the students of this Province have to rely on student loans? We are not talking about students who can afford to pay. We are talking about students who do not have the ability to pay. So we are not worried about the other 30 per cent, Mr. Speaker. The question I am asking the minister is: How is he proposing to help the 70 per cent of students who will now have exorbitant tuition increases this year?

AN HON. MEMBER: Tell Crosbie to take back the $1 million from the incinerator.

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

DR. WARREN: Mr. Speaker, I wish the member would ask his friend, who was the Minister of Education, what the Canada Student Loan Program is? It is a Canada Student Loan Program. We, Mr. Speaker, in our first year in power, reformed our components of the Student Aid Program. We increased the scholarships, tripled them. They were here for seventeen years and I don't think they increased the scholarships once, not one five cents.

SOME HON. MEMBERS: Hear, hear!

DR. WARREN: We put more money into scholarships, we reformed the Student Aid Program, our component. I urge the hon. member to call his friends in Ottawa and ask them to do the same thing we did in this province, to change the Canada Student Loan Program to provide more money for students who are needy in this Province, Mr. Speaker. Please call your member. I called the minister, you call the member this afternoon, the representative in the federal Cabinet and urge him to get his colleagues to change the student loan program, Mr. Speaker.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker.

Mr. Speaker, that is the only thing that that side has left now to ask John Crosbie to take over, the university, I say to the minister. He is responsible for everything else in this Province, what is the minister responsible for if he is not responsible for the university and education in this Province? If he is not, he should resign and save the taxpayers his salary and other things he is getting.

I have a question, Mr. Speaker, for the Government House Leader -

MR. WALSH: (Inaudible) the $1 million for the incinerator.

MR. TOBIN: Why don't you jump into the incinerator!

MR. MATTHEWS: Mr. Speaker, could you ask the windbag, for Mount Scio - Bell Island, to be quiet please? The windbag?

MR. SPEAKER: Order, please!

I remind the hon. member that it is not parliamentary to call somebody a windbag, but I shall also follow his instructions to ask the hon. member to please follow the rules of the House.

The Opposition House Leader.

MR. MATTHEWS: Thank you very much, Mr. Speaker.

I apologize for calling the hon. member a windbag, Mr. Speaker. I apologize for that. Mr. Speaker, a week or so ago when I raised the issue of the Roddickton crab plant and the suspicious conditions surrounding that of the fire, of the lease, of the endorsed cheques without the authority of the council and so on, the Premier on one occasion rose in the Legislature and said that he was a bit concerned about the things that I had said, and that he was going to refer the matter to the Superintendent of the R.C.M.P. After that exchange, the people of Roddickton wrote the Premier asking for an inquiry into that full situation of the Roddickton crab plant and all the surrounding problems.

I would like to ask the President of Treasury Board, the Government House Leader, did the Premier turn the matter over to the Superintendent of the R.C.M.P., and is government looking at a full-scale inquiry into that matter?

MR. SPEAKER: The hon. the President of Council.

MR. BAKER: Thank you, Mr. Speaker.

I am not sure of the answer to that question. I will try to find out as quickly as possible.

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, I have a question for the Minister of Education as well, and I hope that the Minister of Education will be honest in his response. It is rather frustrating when you know there is a good chance he will not tell you the truth.

But in any case when the Minister talks about the consultants, the two independent consultants to whom he referred, but we flushed them out, that they are employees of his department, who did a study on the students assistants needs in this Province, let me ask the minister this: What was the mandate given to the employees of your department to do the study for you? With the cap on expenditures in the budget with your department will the minister admit, that it was not a needs study that was done, but indeed a re-allocation study?

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

DR. WARREN: Mr. Speaker, last Friday in this House, I explained that the two consultants were consultants from the Department of Education. I said it again earlier in the week, Mr. Speaker, there were two consultants from the Department of Education.

He may be surprised to hear this but the guidelines that we gave the two consultants, Mr. Speaker, were the guidelines developed by the Department of Education in 1987. Do they remember 1987? Who was the minister? The guidelines that we gave the department to examine, to go out and to study student assistants, were guidelines developed in 1987 and the hon. minister-

SOME HON. MEMBERS: Hear, hear!

DR. WARREN: Maybe, Mr. Speaker, the Member for St. Mary's - The Capes, can get up - I have a copy of the guidelines here, maybe he can describe the ones used, Mr. Speaker.

MR. SPEAKER: Question Period has expired.

MR. TOBIN: On a point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia West, on a point of order.

MR. TOBIN: Mr. Speaker, I find it almost a daily occurrence when you have to rise in this House and correct the information given by the Minister of Education. The fact of the matter is, and it should not be allowed to stand, what the minister just said. The point of order that I want to make is I want the record to show that in 1987 it was the Department of Social Services that was responsible for student assistants in this Province, and not the Department of Education.

MR. SPEAKER: Order, please!

No point of order. The hon. member took a -

SOME HON. MEMBERS: (Inaudible)!

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

I want to remind hon. members that one of the cardinal principles of any House is that everybody speaking tells the truth. That is one of the fundamental principles of all hon. members. Hon. members should not be making that accusation continuously, that somebody is not telling the truth. Because hon. members are under obligation to believe hon. members, when a member speaks, that he is supposed to be speaking the truth. If an hon. member can prove that it is otherwise it is very serious.

SOME HON. MEMBERS: (Inaudible)!

MR. SPEAKER: Order, please!

I would ask hon. members please to remain in their places while I am going down through the routine order. It makes it very difficult. I do not know who is standing. I do not know if hon. members are standing to do something. If hon. members would please cooperate....

Petitions

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

MR. A. SNOW: Thank you, Mr. Speaker. I rise today to present on behalf of 3,676 residents of Labrador City and Wabush -

AN HON. MEMBER: How many?

MR. A. SNOW: Three thousand six hundred and seventy-six residents of Labrador City and Wabush, the district of Menihek, Mr. Speaker, this is the prayer of the petition:

"We, the residents of Labrador West, believe in the right of students with mental handicaps to be fully integrated into the regular classrooms of our school systems. To continue to do this, as we have for the past 12 years, we must maintain the student assistants positions that enable these students to grow and learn beside their peers. We call upon Dr. Phil Warren and the Department of Education to maintain the same level of funding that is already established in this area, so that our students can continue to have a quality education" in our Province, in our area.

Mr. Speaker, the people of western Labrador -

MR. SPEAKER: Order, please!

The Chair is very concerned. I can only bring it to hon. members' attention. The job of the Chair is to ensure that the Standing Orders of the House are followed. I hear the hon. members petition. To me, it does not sound like it is in the right form. Hon. members are either going to have to suggest that they do not want petitions in the right form - but the Chair has to remind hon. members. Because petitions are very important. They are supposed to be -

AN HON. MEMBER: (Inaudible)!

MR. SPEAKER: I would remind the hon. Member for Burin - Placentia West, please, to show courtesy to the Chair as well. When the Chair is standing, nobody is supposed to make any comment. It is a very important matter. It is a tradition of Parliament that petitions must have a prayer, and they are supposed to be presented to the House, and not to a department and not to a particular member. That is for a very specific reason. Because a petition is supposed to have a prayer, and is not meant to be debated.

The Chair just presents it to hon. members because I have noticed in the last little while that seldom do we have a petition that meets the requirements of the House. But if hon. members want that, that is fine by the Chair.

The hon. the Member for Menihek.

MR. A. SNOW: I request leave to present this petition on behalf of the 3,676 residents of western Labrador.

Do I have leave?

SOME HON. MEMBERS: (Inaudible)!

MR. A. SNOW: It is the same petition, different names, of what I presented last week, earlier this week.

SOME HON. MEMBERS: (Inaudible).

MR. HEARN: Point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. Mary's - The Capes on a point of order.

MR. HEARN: Mr. Speaker, a couple of weeks ago in this House we had a discussion on this very topic, about presenting petitions. I think it was made quite clear and accepted by the whole House at the time, that most people who are sending petitions in to us have no understanding whatsoever of the need for a special or specific prayer.

These people send in a petition asking the members, all of us, to present to the House their request. How they list that request is in varied ways.

At the time we had a thorough discussion. I think members generally agreed that if petitions came in with the right intentions, that generally we would accept the petitions. I think consequently it would be only fair that leave be given, as we have done in the past for every petition, even though some of them had perhaps no semblance at all to anything even in relation to the House.

MR. SPEAKER: I just again want to quote to hon. members - and the Chair has to ensure that the rules are followed - that there is an onus on members. We realize that the population does not know, but members have to instruct them.

When a petition comes that is not in the right form, Beauchesne states very clearly that it should be sent back, and with the right wording. The Chair is only doing it so that there is no precedence, as long as hon. members agree, but the Chair's responsibility is one it recognizes. Because we do it today does not mean that it is going to be for all time. The Chair has to do it every time that it recognizes that a petition is not in the right form.

I should say, the responsibility is with the member to say each time, when a petition is not in the right form, to tell the House before he starts speaking to the petition, and ask for the permission of the House to present the petition.

That is the correct procedure. I tell hon. members that if it is not done, the House is just going to deteriorate and it is not going to at all be what a House of Parliament should be.

The hon. the President of Treasury Board.

MR. BAKER: Just a brief point of order, Mr. Speaker.

First of all, it is obvious that your ruling is absolutely correct; but I wonder if we could agree that the hon. member's time did not start when he started his presentation, and that we could start the time over again to give him the five minutes?

MR. SPEAKER: Before recognizing the hon. member again, the House just wants to make it clear to hon. members where it stands with those matters, and hon. members would find, if next year one of them is in a position of Speaker, he would be sorry that I did not speak to the procedure.

The hon. the Member for Menihek.

MR. A. SNOW: Thank you, Mr. Speaker.

I am pleased to speak on behalf of the 3,600 people - almost 3,700 people - who have signed this petition as residents of Western Labrador, to pressure this government, point out to this government, the inequality that is occurring in western Labrador.

The residents of western Labrador, led by educators in western Labrador, and parents of handicapped children, established an integration of children in our educational system in Labrador West that has been the envy of the country - not just this Province, but the envy of this country.

The educators were recognized by winning national awards. They were recognized by winning provincial awards. The parents have been recognized, who were the prime movers in establishing this program in western Labrador, but yet they were also followed by the residents who supported it financially and morally in western Labrador, because the people of western Labrador paid for the increased cost of integration of these children in the educational system. They paid, Mr. Speaker.

Hundreds of people have come up to me from western Labrador, when I was back this weekend, talking to me about this. Children who are being affected, parents of the children who have been affected, teachers, student assistants, who have been affected. Most of the student assistants who spoke to me about it did not even express the thought of losing their job. They expressed their disfavour with the idea that the children were going to be losing something with which they had become accustomed - that is an access to education.

They were terribly disappointed in the Minister of Education, from whom they had expected so much. They had expected so much from him because he had promised equality to them. They found that this year his department proposed a 75 per cent cut to the student assistants in the Integrated Board, and almost a 50 per cent cut to the student assistants in the Roman Catholic Board.

Now, Mr. Speaker, these student assistants, what they were telling me is that yes, they have a concern for their own livelihood, but they have more of a concern for those people who are going to be directly affected, and that is the students. They feel that they want - and I am speaking on behalf of the student assistants themselves now when I say this - they feel that these children are the ones that should be looked after, Mr. Speaker. They feel that both the Minister of Education and the Minister of Finance are wrong when they sit side by side and cheek to cheek, Mr. Speaker, and they draw up their budgets and say, and I quote what the Minister of Finance said in the House of Assembly here last week when he said on June 8 that if he could, he said, 'I would cut more if I had the chance.' They are disappointed and disgusted with that. What they want, Mr. Speaker, what the people of western Labrador want, what the residents of western Labrador want is more funding to establish and maintain the best educational system in this Province. They want this Province to level the education up, not down, Mr. Speaker.

And I want to quote, Mr. Speaker, one leader in our municipalities, one leader. He says: It is beyond my wildest dreams why a government that is fighting for fairness and equality in the Canadian Constitution could force its own people to accept anything less. Yes, Mr. Warren, we are talking about your decision to cut funding to the Labrador West student assistants program.

Mr. Speaker, that person has written a letter to Dr. Warren, the Premier, and myself - that union leader in western Labrador, Mr. Speaker, a leader of one of our local unions has expressed his disfavour, and so have 3,600 people of western Labrador expressed their disfavour by signing a petition urging this government to reassess its decision on the proposed cutbacks on the student assistants. Mr. Speaker, I would ask that the minister respond to this petition, and react favourably to the request of these residents of western Labrador.

MR. WARREN: You have to stand up now. Stand up now.

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, it looks like the Minister of Education is not about to stand.

MR. WINSOR: He is playing his game again.

MR. TOBIN: It looks like the Minister of Education is about to play a game again, Mr. Speaker. The Minister of Education has been in this House for three years, and I have been here for just about eleven years, and I have always seen whoever presented the petition, followed by the minister. But in the case of the Minister of Education he refuses to take his place again. So I hope I can entice him with my comments to come to his feet.

Mr. Speaker, I have been involved in many issues on the floor of this Legislature since 1982. I have had the opportunity to speak on many issues, but I have never seen an issue as sensitive as the present one, and I have never seen a minister or a government demonstrate in such an uncaring fashion as this Minister of Education has.

Now the Minister of Education has been in this House standing up, and on CBC television, it was played out to me by a parent from Marystown last night, the Minister of Education talked about two independent consultants. The Minister of Finance clearly demonstrated the arrogance the other day when I, in my statement in this House, said to the Minister of Health: Who is more responsible for cutting this budget than you? And the Minister of Finance said: I would cut it more if I had a chance. Now if that is not an attack on the disabled, on the disadvantaged, and on the special need students of this Province I don't know what it is.

I asked the Minister of Education today in Question Period and he refused to answer the question then. He refused to come clean. He refused to give the details. He chose rather to hide behind his attacks and blame everything on Ottawa. It is a wonder, Mr. Chairman, that he doesn't blame this on Ottawa. It is a wonder the Minister of Education doesn't blame this on Ottawa. I asked the Minister of Education and I hope he will address it. As a matter of fact, I hope that what I am about to say will now bring him to his seat, because I am going to make an accusation that I believe to be true. I believe the Minister of Education instructed his employees, two from his department, to go around this Province, instructed them that there is a cap - well, he didn't have to because they all knew it - on the education in other departments, there is a cap on the dollars to be spent for student assistants as approved in the budget. He instructed them to do a study not based on the needs of the special needs children, but to do a reallocation of student assistants in this Province. They didn't even visit some of the schools, didn't speak, as I understand it. The job that they did was not a good job, and I have been told that by educators, and educators just as good, I would suggest, and more caring and concerned for the people than the Minister of Education is.

Over the years, in Labrador West in particular, they have built a very sound, very effective and needed -

MR. HOGAN: (Inaudible).

MR. TOBIN: Let me say this. I won't get distracted by the Minister of Municipal and Provincial Affairs. - and needed policy and program to deal with special needs. The Minister of Education gave two employees instructions to go out and dismantle what had been put in place over the years by the people in Labrador West and the people of the Burin Peninsula. Those were clear instructions given by the Minister of Education to dismantle the hard work, to dismantle the model role, to dismantle the model program that was put in place by the men and women of Labrador West, and later with the people of the Burin Peninsula. There is a cap, I suggest, on the spending for student assistants in this Province. What could they study? They could have studied nothing, except the reallocation and the dismantlement of the program where it has been effective.

Instead, what the minister should have done was seek ways to improve it in Labrador West, on the Burin Peninsula and on the West Coast, and look at ways to improve it throughout Newfoundland -

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. TOBIN: - and put in place the number of student assistants that are needed.

MR. SPEAKER: The hon. member's time is up.

MR. TOBIN: In conclusion, Mr. Speaker, I ask the Minister of Education, in the name of all that is good, to stand up and address this petition.

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

DR. WARREN: Mr. Speaker, the hon. members who have spoken have made some good points. This is a very important program. Student assistants play a major role in the education of students with problems and disabilities in this Province. In fact, Mr. Speaker, we found in a study that was done by the consultants from the Department of Education that many student assistants are important parts of teams, the morale is good, in many cases, and in the future, I am sure, we are going to build on this program.

Mr. Speaker, what the study did find, though, was that there were areas of the Province where more student assistants were needed and areas where, in accordance with the criteria developed in 1987, we had too many. Mr. Speaker, using these criteria, we found, for example - let me just give a few examples. Talk about equality! What are we going to do for the students in areas such as Green Bay where there are 45 per cent under. Mr. Speaker, what are we going to do with the students in Nova Consolidated Board, 31 per cent under; Avalon North, 47 per cent under; Avalon Consolidated, 11 per cent under; and Bay d'Espoir, 3 per cent? Labrador East are going to get 17 per cent more in accordance with this study, and on and on it goes, Conception Bay South, 46 per cent more than they are getting.

Mr. Speaker, there are many inequalities in this system. This study found out that there were areas of the Province where the need is for increased numbers, because student assistants are assigned on the basis of need. Now, we have received that study, and I am not going to try to indicate that there are not going to be some changes. There are going to be some changes in the student aid program. We cannot let these gross inequalities that exist continue, and we cannot find the $15 or $20 million more that we need to bring it up to, perhaps, the best in the country. We are putting $5 million into it at the present time. We are going to try to grant the number of student assistants based on need. Let me get back to Labrador. Labrador has had a good program of student assistants. When the Member for St. Mary's - The Capes was the minister he knows the program and he knows they got extra money. They got extra money over and above what anybody else got in the Province. I find it very difficult to say to Conception Bay South, to Bay d'Espoir, to Green Bay, and on and on, to areas such at that, they should get extra over and above what they need in Labrador, according to the criteria, and they cannot get any or they cannot get enough. This government believes in equality of opportunity and we will fight to provide it. Mr. Speaker, we have to rationalize the system. In Labrador West, in J.R. Smallwood Collegiate, I was told they have 561 students and fifty-five teachers. I am told they have four teachers and fifteen or sixteen student assistants, that is nineteen or twenty people for fifteen students. They have nineteen or twenty full-time adults for fifteen students. Now, we cannot provide that level of service throughout Newfoundland and Labrador. We have to provide what is a reasonable standard of care and we will do that, Mr. Speaker. We cannot in health care, in social services, in education, in transportation, provide the Cadillac of Canada but we will provide for every Newfoundland student who has need a level of service which is a reasonable level. This is what government is going to do. We are not going to perpetuate the inequalities of the past. We are not going to let the inequalities of where you got student assistants if you were in a certain area. We are not going to let that continue. We are going to provide a fair treatment for every student who needs student assistants in this Province irrespective of where that student lives, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, I have a petition, I say to the House, signed by twelve parents from Rushoon. It is not as the Speaker outlined, but they wrote and asked me if I would present it in the House so I would like to have a couple of minutes to deal with the issue. It is the same issue. These are parents of special needs children, and the parents' signatures are on the back. I am asking leave to present the petition on their behalf.

MR. SPEAKER: The Chair can only again say, that as far as the Chair is concerned, it is not a petition, it is a letter to the hon. member. There is great dissertation made in this House by that kind of petition, but this is the problem hon. members get themselves into when they accept certain petitions and don't accept other petitions. This is clearly not a petition, it is a letter, but if hon. members want to present it -

AN HON. MEMBER: No leave.

MR. SPEAKER: No leave. Pass it back to the hon. member.

The Chair said there was no leave granted for the petition. The hon. member might not have heard.

MR. TOBIN: A point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia West on a point of order.

MR. TOBIN: Mr. Speaker, there was a 3,600-name petition just presented from Labrador West by leave of this House. Now, the number I have is twelve, from Rushoon, but they are twelve caring parents, as well. I would ask the Member for Exploits, the former President of the NTA, the Minister of Employment, if he would reconsider and give me leave on behalf of the educators, teachers and student assistants in this Province.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Thank you, Mr. Speaker. What happened here was that a petition was presented from Labrador West. It was obviously a petition - although it was not in proper form - but to my mind it was obviously a petition meant to be gone over in the House of Assembly and so on. We have run into this a number of times where I have always given leave. Conversely, now what we have is a private letter to the Member for Burin - Placentia West asking him to give them some help, which is not at all the same as the previous petition that was presented.

It is not a matter of numbers. The member is misleading the House. It has nothing to do with the numbers. If there were a petition to this House with three signatures on it, it would be totally acceptable, and so on. This happens to be simply a letter to the hon. gentleman bringing a matter to his attention, and asking him for his help. That is all it is. It is, by no stretch of the imagination, a petition to the House, Mr. Speaker.

MR. SPEAKER: There is no point of order. I will allow the hon. member to make one more submission.

The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, the President of Treasury Board says if you had three signatures attached to this, and the appropriate resolution (inaudible) to present it to the House, I would probably be able to do it. Now, for too long we have seen that practice happen in this House in the past, where you get your colleagues and your secretaries in the office to sign it. I could have done that too, probably. But I wanted -

AN HON. MEMBER: (Inaudible).

MR. TOBIN: I am speaking to this point of order. I wanted to come down here, very genuinely, and ask all men and women in this House to consider this as the wishes of the people of Rushoon, the parents of special needs children, who are concerned about the action of the Minister of Health. I didn't think that was asking a lot. As a matter of fact, Mr. Speaker, I am very disappointed that the former President of the NTA, the Member for Exploits, Mr. Grimes, refused to give permission for me to present this petition. I am just totally disgusted, Mr. Speaker.

MR. SPEAKER: Order, please!

I again point out to hon. members that it is of no value to the House for hon. members to be protesting about presenting petitions. Our rules are clear.

MR. TOBIN: (Inaudible).

MR. SPEAKER: Order, please!

MR. TOBIN: I am sorry, Mr. Speaker.

MR. SPEAKER: It doesn't advance the cause of the House for hon. members to be asking and begging to present a petition. The rules are clear in both our Standing Orders and those of Beauchesne. Hon. members should be trying to educate their electorate about -

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: They should be trying to educate their electorate as to how a petition should be. It serves no purpose at all in this House for hon. members to be debating in such a manner as to want to present a petition.

There is no point of order. Hon. members should try, as I said, and get their petitions in right form, as far as the Chair is concerned.

Orders of the Day

MR. BAKER: Motion 1, Mr. Speaker.

MR. SPEAKER: Motion 1.

The hon. the Minister of Finance.

MR. TOBIN: A point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia West, on a point of order.

MR. TOBIN: Mr. Speaker, the minister gave notice in the House the other day that we were going to have Private Members' Day on Wednesday, which is traditional in the House. Motion 1 does not deal with Private Members' Day, today being Wednesday. I am not sure what the minister is up to. I sincerely hope he is not looking for leave to change the Order Paper after refusing leave to the parents of Rushoon.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, the member is perfectly right. This ordinarily is Private Members' Day, and it is government's Private Members' Day. We called the Private Members' motion by the Member for Pleasantville. However, we would now prefer instead to go on and try to finish up some business of the House, Mr. Speaker.

MR. SPEAKER: I am sorry, the Chair did not get what the President of Treasury Board said. If he would repeat the last part again. I am sorry.

MR. BAKER: Mr. Speaker, the hon. member is absolutely right. This is Private Members' Day, Wednesday. It is government Private Members' Day. We alternate back and forth, by custom. I did call on Monday the resolution by the Member for Pleasantville; however, since that time, we have decided that we prefer to go on with the normal government business and relinquish our Private Members' Day on this occasion.

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, I ask the President of Treasury Board: Is he looking for leave to do that?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I did not ask for leave. I assumed that it is government's day, and then government made the decision in terms of how it would use it's Private Members' Day. That is the way it has been going all year and in past years. I did not ask for leave, Mr. Speaker.

MR. SPEAKER: To the point of order, hon. members raised this point, I think, a couple of weeks ago. Very often in this House, when government wanted to move on with government business, particularly when the Private Members' motion was from the government side - and hon. members will realize that it is Private Members' Day, in theory, that is; but in practice in this House we have rotated, a resolution from the Opposition side and a resolution from the government side. Whether or not we accept that, that is what has happened in practice, though in theory it is correct, it is a Private Members' Day.

Whenever we have gone on to do this kind of thing, to do government members' business, that has been agreed to by all members of the House, and we have done.

What we are asking now is whether there is agreement. If there is not agreement, then we have to do something else. If there is no agreement, then the Chair will act on the instructions of members as to what else they want done.

I have not taken my place yet - so that is the procedure.

The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, today, obviously, is Private Members' Day and you do need leave of the House in order to proceed with the business of the day.

I would like to ask the minister, if you want us to agree to leave - we will agree to give leave, but I would like to ask the President of Treasury Board if he would reconsider giving me a couple of minutes leave to present this on behalf of the (inaudible).

MR. SPEAKER: Order, please!

The Chair has made that ruling, and we are not going to go back to it. The Chair has made the ruling. No leave was granted, and I am afraid that would bring the House down to I don't know what level if we started doing that.

The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I am looking for an interpretation. You said, 'No leave was granted'. What does that mean, specifically?

MR. SPEAKER: If there is no leave granted, then it would appear that the Chair would prefer that we do those things by agreement. That would be the preference of the Chair but, quite obviously, if there is no private member's motion to be dealt with, because there has to be a motion given, and in our House it has been the procedure of the government to give notice of the motion on Monday. Since the motion that is given notice of cannot be debated because the private member, the member with that motion, is not here, the government is now asking that we go on to government business. Of course, that is the logical procedure to follow, and that may be done without leave.

The hon. the Member for Kilbride.

MR. R. AYLWARD: Mr. Speaker, every time on Private Members' Day in this House of Assembly, since I have been here, for twelve years, that the private member has given up his right for his motion, it was done by leave of the House. That is my understanding of the precedent of this House.

I want to know if my understanding of the precedent can be researched and answered, and if that is the case and the government is asking for leave, let them ask for leave. They have not asked for leave yet, Mr. Speaker.

MR. SPEAKER: I think the Chair has stated the precedent of this House is that the government, in this situation, would ask for leave, but again, our procedures have changed and we have not changed the procedures accordingly. For example, the procedure with Private Members' Day, has changed. In the past, we have always had our Private Members' Days, the Motions, all on the first days so Notice of Motion was given on the first day. We always had the Notice of Motion.

Under the procedure that we now have, we do not have the Notice of Motion, because we have changed the procedure. We have not changed our rules accordingly. So, all the Chair is looking at now, is the logic of the matter, that no notice was given, but I will take further submission from members.

The hon. the Member for St. Mary's - The Capes.

MR. HEARN: Mr. Speaker, I find it fairly confusing, because we are talking about no leave being given. I am not under the impression that any leave has been requested; I don't believe the Government House Leader requested leave to depart from Private Members' Day and go on with government business. I don't think that leave was requested, number one.

MR. SPEAKER: Yes.

MR. HEARN: Secondly, if the government member, who was supposed to present his resolution, the Member for Pleasantville, today, is not here or cannot present his resolution, I presume that we would only be too glad to present one of ours, number seven, is from the Member for Kilbride, an extremely important resolution; number eight, from the Member for St. John's East Extern, an extremely important resolution and we have number ten from Burin - Placentia West, an extremely important resolution, and we can go on. So, if the government does not want to proceed with its Private Member's resolution, undoubtedly, we would be willing to proceed with one of ours. But I say, before we get into any of that, the Government House Leader has not even requested leave to depart from the regular business.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker.

I am sorry I missed some of the proceedings, I was in the common room, expecting a call on the Canada/France situation.

What we have to be careful of here is setting a precedent, and we all remember just a few short weeks ago when we were in a similar situation, that the Member for St. John's East would not give leave and we adjourned the House. If you remember that member did not give leave on one Private Member -

AN HON. MEMBER: We had agreed between us.

MR. MATTHEWS: We had agreed between us, the Government House Leader and myself, but no one had discussed it with the Member for St. John's East, he denied leave, and consequently, we adjourned very early. We adjourned one day to go to the waterfront to welcome back the fleet, and I believe, the next Wednesday -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: Well, it is a farce, but I am not talking about the farce. There are a lot of farces, Mr. Speaker.

The point is, it is customary that the Government House Leader would ask for leave to forego Private Members' Day to continue or to pursue government business. Now, that is what we are talking about here and I think the best thing that could happen now is for the Government House Leader to do that and we can get on with doing the business that the government so badly wants to do.

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

MR. BAKER: Thank you, Mr. Speaker.

I agree with the Opposition House Leader. That is exactly what should happen now; however, he was out of the House, and as the acting House Leader indicated, no such leave would be forthcoming. That is why we proceeded the way we did.

Mr. Speaker, I ask leave of the House to proceed with government business.

MR. SPEAKER: The hon. the President -

MR. TOBIN: To that point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burin - Placentia West, to the point of order.

MR. TOBIN: Mr. Speaker, the Government House Leader misled the House that time in his statement. When I stood - and I don't know if Your Honour heard me or not - when I stood, I said we were quite prepared to give leave, all we wanted was for the member to ask for it. That is what was said.

MR. SPEAKER: Has the President of Treasury Board asked for leave of the House? Does the President of Treasury Board have leave of the House?

AN HON. MEMBER: Definitely.

MR. TOBIN: Did he ask for it? He never asked for it?

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Motion 1, Mr. Speaker.

MR. SPEAKER: Motion 1.

The hon. the Minister of Finance.

DR. KITCHEN: Thank you, Mr. Speaker.

We have heard, during the last couple of months, quite a number of points made by members on both sides of the House with respect to the Estimates, and I will attempt to answer all these points or to make a comment on them, but first, I think I should attempt to summarize the points that have been made.

MR. SPEAKER: The Minister, speaking now, closes the debate.

DR. KITCHEN: Thank you very much. In summary, Mr. Speaker, I would say that members opposite stated quite clearly that they wanted taxes reduced, or at least, not raised; and equally vociferously, they wanted government to spend more money on every conceivable thing that would crop up, and equally vociferously, they wanted the deficit not altered. In other words, they wanted the impossible. There was one exception to that, and that member is not here today. He wanted the deficit increased, expenditures increased, and taxation lowered. Now, that is even more impossible than the others.

Now, Mr. Speaker, the only way we can come out of this is to approve the present Budget, and I so move, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

On motion, that the House resolve itself into Committee of the Whole on Ways and Means, Mr. Speaker left the Chair.

Committee of the Whole

MR. CHAIRMAN (L. Snow): Order, please!

On motion, that the Committee of the Whole on Ways and Means rise, report progress and ask leave to sit again, Mr. Speaker returned to the Chair.

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

DR. KITCHEN: Thank you, Mr. Speaker. I wish to inform -

MR. SPEAKER: I am sorry. We had two people standing. The hon. the Chairman of the Committee of the Whole, the Member for Trinity - Bay de Verde.

MR. A. SNOW: Mr. Speaker, the Committee of the Whole on Ways and Means have considered the matters to them referred, have directed me to report some progress and ask leave to sit again.

On motion, report received and adopted, Committee ordered to sit again presently by leave.

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

DR. KITCHEN: Thank you, Mr. Speaker.

Mr. Speaker, I wish to inform Your Honour and other hon. members that I have received a message from His Honour, the Lieutenant Governor.

MR. SPEAKER: To the hon. the Minister of Finance: I, the Lieutenant Governor of the Province of Newfoundland transmit estimates of sums required for the public service of the Province for the year ending March 31, 1993 by way of further supply, and in accordance with the provisions with the Constitution Act, 1867, I recommend these estimates to the House of Assembly.

Sgd.: _______________________________

Frederick A. Russell, Lieutenant Governor

The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I move that the message be referred to a Committee of the Whole on Supply.

On motion, that the House resolve itself into Committee of the Whole on Supply, Mr. Speaker left the Chair.

Committee of the Whole

MR. CHAIRMAN (L. Snow): Order, please!

The hon. the President of Treasury Board.

MR. BAKER: Mr. Chairman, I move that the total contained in the estimates be carried and that a resolution be adopted to give effect to the same.

MR. WINDSOR: What exactly are we passing here, I ask the President of Treasury Board? This is the budget document itself? This is not supplementary supply or anything additional to it?

MR. BAKER: No.

MR. WINDSOR: Okay. Thank you, Mr. Chairman.

On motion, Budget Estimates, total heads, carried, and a resolution be adopted to give effect to same.

MR. HEWLETT: Mr. Chairman.

MR. CHAIRMAN: The hon. the Member for Green Bay.

MR. HEWLETT: Before we conclude debate on this, there is a matter that came to my attention - under a money bill I believe I can bring matters before the House. During lunch hour, I was told, in my own district we have a marine service centre and that throughout the Province there are thirteen operators of equipment in marine service centres being laid off this summer, very late-coming news, just as the House of Assembly is closing. On behalf of my constituents and the other operators in marine centres across the Province, I would like to register my concern that the centre for Triton, for instance, is a $7 million facility. Last year they had a staff of three people which was reduced to two. Now, for three months of this year, it will be reduced to one person. You have a multi-million dollar facility, literally millions of dollars worth of boats, and, Mr. Chairman, I do believe this matter should be brought to the attention of the House.

MR. CHAIRMAN: Order, please!

I would just remind the hon. member that we have passed the Estimates and that there is no room for debate at this point in time on that matter.

On motion that the Committee rise, report progress and ask leave to sit again, Mr. Speaker returned to the Chair.

MR. SPEAKER: Order, please!

The hon. the Member for Trinity - Bay de Verde.

MR. L. SNOW: Mr. Speaker, the Committee of Supply have considered the matters to them referred and have directed me to report that they have passed the amount of $3,000,658,300 contained in the Estimates of Supply, and ask leave to sit again.

On motion, report received and adopted. Committee ordered to sit again presently by leave.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, I move that the report of the Committee of the Whole on Supply with respect to the Estimates, 1992/1993, together with the resolution and a bill consequent thereto be referred to a Committee of the Whole on Ways and Means, and that Mr. Speaker do now leave the Chair.

On motion that the House resolve itself into Committee of the Whole on Ways and Means to consider a resolution and a bill related thereto. Mr. Speaker left the Chair.

Committee of the Whole

MR. CHAIRMAN: Order, please!

Resolution

"That it is expedient to introduce a measure to provide for the granting to Her Majesty for defraying certain expenses of the public service for the financial year ending March 31, 1993, the sum of $2,010,461,600."

Motion, that the Committee report having passed the resolution and a bill consequent thereto, carried.

On motion, that the Committee rise, report progress and ask leave to sit again, Mr. Speaker returned to the Chair.

MR. SPEAKER: The hon. the Member for Trinity - Bay de Verde.

MR. L. SNOW: Mr. Speaker, the Committee of the Whole have considered the matters to them referred, have directed me to report that it has adopted a certain resolution, and ask that a bill be introduced to give effect to the same.

MR. SPEAKER: The Committee of the Whole have considered the matters to them referred, have directed the Chairman of the Committee to report that it has adopted a certain resolution and recommends that a bill be introduced to give affect to the same.

On motion, a bill, "An Act For Granting To Her Majesty Certain Sums Of Money For Defraying Certain Expenses Of The Public Service For The Financial Year Ending March 31, 1993 And For Other Purposes Relating To The Public Service," read a first, second and third time, ordered passed and its title be as on the Order Paper.

MR. BAKER: Order 5, Mr. Speaker.

MR. SPEAKER: Order 5.

Motion, second reading of a bill, "An Act To Amend The Liquor Corporation Act, 1973". (Bill No. 9).

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

DR. KITCHEN: Thank you, Mr. Speaker. This is to a large extent a routine bill, although there are certain aspects of it that may not be quite so routine. Clause 1 is part of the routine part. We are just amending the definition of alcoholic liquor to make sure that - no, this is the non-routine part, sorry.

Up until now this section has prescribed the amount of alcoholic content that must be in liquor before it is able to be regulated by the Newfoundland Liquor Licensing Board, or by the Liquor Corporation. Now, what we are proposing to do is to eliminate the specific content that is required to make all alcoholic beverages come under the control of government. Right now we cannot, for example, make regulations concerning -

MR. SPEAKER: Order, please!

I think hon. members do not know which bill we are doing. It is Order 5, which is Bill No. 9.

The hon. the Minister of Finance.

DR. KITCHEN: So in Clause 1: what we are doing here is taking away the specific content of alcohol that must be in a beverage before it is classified as alcohol, and thereby subject to the regulation of the Liquor Corporation. That will enable us to make regulations for the sale of what is presently appearing in some shops as non-alcoholic beverages which are really .5 per cent beer and things like that. We want to regulate that because we feel that under certain circumstances this may be habit forming for children because it is accessible now. Any two year old can go in a supermarket now and pick up his can of beer. It is not really beer according to our standards but it bears the label, looks very much like beer and it has an alcoholic content. We do not want these things to start so we want to regulate that. That is the purpose of Clause 1, to enable us to do that. Right now we have no legislative power to attempt to control what could be an abuse although I do not believe it is much of an abuse at the present time but that is mainly because it has not been pushed hoping that we will not make the change.

What we are really doing in Clause 2 is amending the definition of spirits to include vodka, which is basically not a very major point. Then we are going to amend Section 6 of the act so that each member of the board of directors of the corporation will hold office for three years and to provide for the appointment of the president of the board to hold office during pleasure. Then we are going to amend Clause 3 and 4 to enable the accounts of the Liquor Corporation to be audited by private firms rather than only by the Auditor General. The corporation feels they will save some money by this route and also the Auditor General wants to get out of the detailed auditing of these corporations and to concentrate on a higher level of auditing so that the Auditor General's department does not get into all this detailed auditing which can be done more cheaply by a private firm.

That is basically what we are attempting to do, Mr. Speaker. We are also proposing to amend Section 33 of the Act so that people who buy things from the Liquor Corporation can pay in a manner that the Liquor Corporation provides. Right now what is in the Act is rather restrictive and they have for some time been using other methods but we need the Act changed to make these methods appropriate.

Clause 8, we are going to amend Section 45 of the Act so that - this maybe of interest to members, so that you can have some control tasting in liquor stores. The Liquor Corporation wants to run tasting of certain wines and they are going to charge under certain conditions so if you have your finger up in the right place you can go in there and test your wine. They want to get into that in certain liquor stores. Right now that is prevented by the law. There will be a charge for that, just a charge to cover the cost as I understand it.

AN HON. MEMBER: It is only for Liberals thought.

DR. KITCHEN: Liberals do not drink you see.

That is basically what we are trying to do. Most of it is routine except for the two substantive items, one, to get the auditing done by private firms and also to get the regulation of .5 or other alcoholic beverages under the control of the Liquor Corporation.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Mount Pearl.

MR. WINDSOR: Mr. Speaker, just to take a few moments of the House. This is not earth shattering except that Clause 1 leaves us with some concern. I would like to ask the minister a question or two on it. He is saying that it would put all alcoholic beverages under regulation so the Liquor Corporation would thereby control all of that. I guess the question is therefore would liquor taxes therefore be applied to these low alcoholic content beverages? The minister himself said there is no abuse there now and I would submit to the minister that a young child would drown before he could get intoxicated on the amount of alcohol contained in these beverages. I do not think there is any abuse nor is there much possibility that there could but that is not my concern.

My concern here is, does this now mean that those beverages will be subject to liquor taxes which are substantially higher than sales tax imposed on those beverages now. I assume we are talking here about Haig Ale and this sort of thing which is sold in stores and which is of low alcoholic content. Will that now be subject to alcohol taxes? That is the question I would like to ask the minister. Another question is, what impact does this have on the sale of beer and wine in stores? There is considerable movement now to sell - we have beer now sold in convenience stores, for example, and there is a movement afoot; there is some pressure, some desire on the part of the public, to have wine sold as well in convenience stores, which is common throughout many parts of Canada and certainly the United States. It is pretty convenient on a Sunday afternoon - you cannot sell even beer on Sunday afternoons in Newfoundland, but if you go to Florida you can run into any drug store, any supermarket, any time of day or night, and pick up beer and wine. You cannot get other alcoholic beverages. Those are controlled in much the same manner as they are controlled here.

I just ask the minister: What impact would it have on the potential to allow beer and wines - beer is already sold - but to allow wines in there. Does it impact on that, or does it simply say that it gives government right of regulation? I believe they have the right of regulation now, and it extends it to lower alcoholic beverages. Certainly wines I am talking about would be high enough content that they are regulated now.

The section dealing with members of the board for three years - I just want to comment that previously the board held office during pleasure. Now we are saying that it will be for a fixed term. Is the minister saying therefore that government intends to honour those fixed terms? This government, in past, has dismissed boards that have been appointed for fixed terms, before their term expired. The minister is aware of that, I am sure. In fact, the minister was involved in some of them. Many members of boards and agencies were dismissed forthright, summarily, by this government shortly after it came into office, even though they had been appointed for a two or a three or a five year term, and their term had only just begun or was only partially completed.

AN HON. MEMBER: Name one.

MR. WINDSOR: I can name many.

AN HON. MEMBER: (Inaudible).

MR. WINDSOR: I beg your pardon?

AN HON. MEMBER: Hydro board?

MR. WINDSOR: The Hydro Board is one of them.

AN HON. MEMBER: (Inaudible).

MR. WINDSOR: Yes.

AN HON. MEMBER: (Inaudible) fixed term.

MR. WINDSOR: Wasn't fixed term, the Hydro Board? No. Okay. I thought that Hydro was a fixed term. Maybe it was not. Maybe it was during pleasure.

Well I know The Liquor Licensing Board was a fixed term, and the Minister of Finance simply sent them a letter saying, your services are not longer required; thank you very much; even though they had on file letters from government appointing them for a fixed term. There are many more like that. So maybe the minister would like to address that.

I am a little concerned about Clause 5, that The Liquor Corporation now can get into the retail business, into selling books and magazines, and special bottle openers. Are you talking about bottle openers that are not readily available, and therefore they are only available in specialty shops? Maybe they are only available at Living Rooms on Water Street, which happens to have a lot of items such as this that you will not find anywhere else, and that is what makes them viable. That is the business they are in. They are in the specialty item business. Now we are taking this market away from those retailers, those specialty stores that provide something that is different, and charge a price for it.

I am not sure that The Liquor Corporation should be into this. This is retailing. Now we are getting into the retail business. It is bad enough that the Minister of Development funds them. Now the government is going to enter into it themselves, through The Liquor Corporation. Convenience is one thing, but I do not know that this is the sort of thing in which government should be involved.

Controlled tasting of liquor - now that is an interesting concept. I understand that the real rationale for that is that the Liquor Board does its control tasting in the board room that they have over the liquor store at The Murray Premises. That is where they always did it, and that legally speaking they were breaking the law, because the law says: No alcoholic beverages shall be consumed on the premises of Newfoundland Liquor Corporation. The wine tasting, which is a legitimate function of the wine tasting board - a wine tasting board, by the way, is the board itself. They appoint themselves as a wine tasting board, and they have a merry old time.

I was unfortunately never invited, while I was Minister of Finance, to one of these wine tastings. I think the board went to France and actually did their tasting over there, while I was Minister of Finance. So I never had the pleasure of going to The Murray Premises, but I have heard some interesting stories about the wine tasting parties at The Murray Premises.

AN HON. MEMBER: (Inaudible).

MR. WINDSOR: I think it should be brought in. I think we should do it in here. If you want some entrepreneurs and some connoisseurs of wine, Mr. Speaker, I suspect there are many of them in this hon. House, and I think we could do an admirable job of deciding which wines.

That is an interesting point, to be more serious. It is an interesting point that some of the finest wines that were available here have been delisted and new wines have been brought in that, in my view, are substandard wines. There appears to be no rationale for it. It appears to be open to a little bit of skulduggery in that those agents in the Province that are selling - that are the agents for these wines, who are importing them - they import them through the corporation. But of course, you know, the corporation decides if they are going to list it or not.

I have a personal beef here, Mr. Speaker, because I have a particular brand of Scotch which I was extremely fond of, Grand Macnish. A fine Scotch that I bought for many years. I am very partial to that particular Scotch and it was delisted, and it was delisted while I was the minister responsible. I was honest enough not to fire the chairman of the board and the whole board too. That is what I should have done if I had any sense at all, if there was any justice in the world, I would have fired the whole crowd of them for delisting the minister's Scotch. I have never heard of such an effrontery, Mr. Speaker, but it was delisted.

The reason it was delisted, Mr. Speaker, was because the agent that imported it also is the agent for Lamb's rum, and Lamb's rum is today the most popular rum in Newfoundland. It is an excellent blend of rum. He wanted to have Lamb's rum now listed in flasks because it was available in 26 and 40 ounce bottles, but he wanted to also have it on the shelf in flasks, or maybe the smaller flasks, maybe the pups. I am not sure which it was now, either the flasks or the pups. In order to get it listed in that size he had to give up something, and he gave up the lowest volume item that he had, which was my Grand Macnish. So I now have a steady stream of Grand Macnish coming from Nova Scotia, I hasten to say to the Minister of Finance, and every time I do I will send him two dollars taxes on that bottle of Grand Macnish.

Seriously, Mr. Speaker, it would be interesting to look at the decision making process of which items were listed and which ones weren't. Control tasting in liquor stores, now I am concerned. Is the minister saying that that will now be available to the public? I can appreciate that they want to legitimize the practice that goes on in the Murray Premises. It is a legitimate practice, but not strictly in accordance with the law, it was breaking the law. It has gone on for many years. But is the minister saying that the public will now be able to taste wines, I understand, for a fee in liquor stores? Will the agents be able to now at certain times come into the liquor stores with their list of wines and make them available?

I don't have a problem with that, to be honest with you. I guess that is purely a personal thing, but you know there are many excellent wines in the liquor stores that people don't know about because they haven't tried them. Many people go for the brand names that they normally see and they don't try some of the other excellent wines that are available in our liquor stores. I will say this, I don't mean to be too critical of the board, but there are some absolutely superb wines available in our liquor stores that are not available in other parts of Canada because every liquor board in each province brings in different wines. But it would be an advantage to the public and to the wholesalers to do this in liquor stores under controlled terms. But I hope this is not going to get out of hand so that we have great wine parties in every one of our liquor stores every weekend to the detriment of our legitimate licensed lounges and hotels and restaurants. Surely it won't get to that level, but I put a word of caution to the minister in that regard. With those few comments, Mr. Speaker, I will take my leave.

MR. SPEAKER: The hon. the Minister of Finance. If the minister speaks now he closes the debate.

DR. KITCHEN: Thank you, Mr. Speaker, just by way of response to some of the points that were raised by the hon. member. It is true that we have been asked to look at the sale of wines in convenience stores. The feeling now is that we should not do this at this time. There are a variety of reasons for it. One is that in this Province alcohol is more readily available than in any other province in Canada except Quebec, and alcohol is a major problem in this Province and we have to be somewhat restrained in what we do. Now that is one side of the coin but there are other more technical reasons having to do with revenues. The thought is that if we do put wine in convenience stores, they will concentrate on certain brands almost exclusively and the Liquor Corporation will be under pressure to increase the commissions to these shops and the amount of money left available to the government might be less and also, it may influence the variety of wines that the liquor store would carry.

If the high volume wines are sold in convenience stores and the low volume wines are sold in the government liquor store, then the profits of the government liquor store may decline and that is one of our two reasons for the control of liquor in the Province. One is to control the sale and the second is to raise revenues and we have to be careful these days about the revenue part.

On the .5 beer, we have received a number, not a large number but a fair number of submissions from school principals and people of that nature and others who are concerned about the availability even now of this .5 beer and so on, so we want to control it. Now what has not been worked out yet is whether it will be taxed at the same rate as regular beer, so that will have to be looked at. The items that are for sale, the specialty items that will be for sale in the stores, will be carefully watched. The instructions are to the Liquor Corporation not to get involved in competition with other shops, but to provide things which are not worth the while of ordinary stores, the usual stores to carry because the demand would be so small that it would not be worth their while to carry these in small shops, so the type of things that they will be selling are of a very specialized nature largely having to do with wine tasting and people who make a study of wines and things, and want to read up books on it and things of that nature.

I do not regard it as a problem. If it does become a problem we will stop it. We will prevent the stores from doing it because we do not want to compete with private businesses. I realize that the member's points are valid.

Mr. Speaker, that is all and I move second reading.

On motion, a Bill, "An Act To Amend The Liquor Corporation Act, 1973. (Bill No.9)", read a second time, ordered referred to a Committee of the Whole House on tomorrow.

MR. BAKER: Order 6, Mr. Speaker.

Motion, second reading of a bill, "An Act To Amend The Insurance Adjusters, Agents And Brokers Act", (Bill No. 11).

MR. SPEAKER: The hon. the Minister of Social Services.

MR. GULLAGE: Thank you, Mr. Speaker.

This bill deals with sub-section 45 (4) of the Insurance Adjusters, Agents and Brokers Act. An ambiguity in the Act respecting the extension of liability to directors, officers and partners of Insurance Adjustment Agencies and Brokerage firms, and this is in the case, Mr. Speaker, where, a director or an officer or indeed a partner in a partnership, a director or officer of a corporate body or a partner in a partnership, is also individually licensed, either in the corporate firm or individual license through the partnership either way, and this extends the liability of that individual beyond the corporation or partnership for third party situations where there is usually a case, an action taken against the corporate firm or the partnership.

Presently the liability is not extended beyond the corporation or the partnership, this would provide for extension of liability to the partner or to the director in the event of a case against the firm or the partnership. That is the change being proposed, Mr. Speaker, for this particular act, The Insurance Adjusters, Agents and Brokers Act.

So it would be amending subsection 45(4) of this Act.

On motion, a bill, "An Act To Amend The Insurance Adjustors, Agents, And Brokers Act," read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill No. 11).

MR. BAKER: Order 15, Mr. Speaker.

MR. SPEAKER: Order 15.

Motion, second reading of a bill, "An Act To Amend The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act". (Bill No. 24).

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

Bill No. 24.

DR. GIBBONS: Thank you, Mr. Speaker. Bill No. 24: This Bill is an amendment to the Canada-Newfoundland Atlantic Accord Implementation Act, and it is in keeping with amendments which are being made simultaneously to the federal act and to the act in Nova Scotia. The amendments may be divided into three categories: those which are of a clarifying or housekeeping nature; those which relate to safety in the offshore; and those which relate to conservation and spills.

Clause 34 would provide that the Bill comes into force on the day the amendments to the Oil and Gas Production and Conservation Act of Canada, and other related amendments to federal acts, come into force, some time over the next few months. Presently these amendments are being processed through the House of Commons. They, I believe, are still in the Committee stage at this time, but are expected to be finished shortly. And likewise are being handled in Nova Scotia.

They are the final round of amendments that come out of, from our perspective, the Hickman Royal Commission Report after the Ocean Ranger disaster, and it really is to cover about the last 15 per cent of the recommendations that came forward from that Commission.

I will not go into any further detail at this time but I move second reading.

MR. SPEAKER: The hon. the Member for Green Bay.

MR. HEWLETT: Mr. Speaker, I do not have much specific that I would have to say with regard to this. The explanatory notes say it is basically a piece of mirror legislation with regard to something going through the House of commons in Ottawa, dealing with safety, oil spills, and certain housekeeping, tidying up things. Which are all well and good.

It should be noted, however, that there has been on this particular work site a relatively high accident rate. So anything that would improve the safety situation out there is certainly needed. Of course, with today's world being extremely environmentally conscious, any tightening up of rules and regulations with regard to oil spills is very much in order.

Perhaps regrettable that due to the fact that we could not get the type of legislation that we are talking about today, and mirror legislation, et cetera, from the Trudeau administration, that Nova Scotia was the first east coast province to pump oil. Because Mr. Trudeau would only give us a share of federal revenue, a capped share of federal revenue as such, and no say over the mode of development or no right to collect revenues on our own, as if the oil were on land.

That is unfortunate. That we are several years behind the Nova Scotians in pumping oil, that we have to thank to a very central, strong-minded Liberal government in Ottawa of some years ago that would not budge an inch on giving Newfoundland a fair deal on the offshore.

That being said, Mr. Speaker, I have no problem with this particular piece of legislation.

MR. SPEAKER: The hon. minister if he speaks now closes the debate.

DR. GIBBONS: Yes, Mr. Speaker, I do not have anything further to say. Just one minor point of clarification. I believe my hon. colleague seemed to imply that this might apply to the Bull Arm site. It does not apply to Bull Arm, it applies to the offshore area.

On motion, a bill, "An Act To Amend The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act," read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill No. 24).

MR. BAKER: Order 20, Mr. Speaker. That is The Labour Standards Act.

MR. SPEAKER: Order 20.

Motion, second reading of a bill, "An Act To Amend The Labour Standards Act". (Bill No. 32).

MR. SPEAKER: The hon. the Minister of Employment and Labour Relations.

MR. GRIMES: Thank you, Mr. Speaker.

With respect to Bill 32, An Act To Amend The Labour Standards Act, by way of introduction and explanation, I just point out for all hon. members that these changes that are being proposed and put forward in this Bill came as a result of the review that was done by The Labour Standards Board. That board is appointed again now. The previous board that did this work was chaired by Mr. Emerson Barbour from Clarenville and his people. They submitted a report which was studied by people in the department.

I think just about every one of the recommendations that the review committee - they travelled the Province and took submissions. There is another gentleman from Clarenville who is now chairing the new board, and they will be in place for another year or so. They are about one year through their mandate. They have not submitted any report yet. We are still acting upon the report of the previous board.

There is one item, though, that I should point out, that did not arise from that review, but which was incorporated as a result of discussions since that time. The Labour Standards Tribunal, which sits with an independent chair, and a representative of labour, and a representative of management, to hear disputes when people are terminated from employment, did not get the proper notice, do not receive their vacation pay, or did not receive their last pay cheque, and so on, and it goes to an appeal - currently that tribunal of three has gotten behind in its work. The recommendation from them, and also from the board, was that function could probably be better handled and more efficiently handled on behalf of a disadvantaged worker who is not in a unionized setting, to have a union file a grievance and so on, if a single arbitrator heard the case and you did not have to be waiting until three people's calendars were free, and the backlog and so on that has resulted.

That one additional change is in this bill. We are proposing that the appeals of labour standards be done by a single adjudicator rather than a tribunal. We are convinced that will be to the advantage of the aggrieved worker. It will enable the actions to be taken much more quickly, and that a dissatisfied or aggrieved worker would be able to get a resolution to their question or their grievance much more quickly by having a single arbitrator or adjudicator rule on their case, rather than having a three person panel or tribunal.

That is in the explanatory notes, in the first one, that the labour standards tribunal will really be replaced by a system of single adjudicators. We already have a panel of adjudicators, through the LMCC, that are recognized and accepted by everybody in the Province, both in labour and management, to deal with a wide range of issues. It is expected that that list, along with the current chair and vice-chair of the Labour Standards Tribunal, who have been in place for over a year now, would be the people who would be drawn from on an as needs basis to hear these complaints in relation to labour standards.

The other changes, while fairly significant, I choose to leave them to see if there are any questions from the opposition on which they would like further information, rather than go into the details of them, because that would take some time.

The other changes largely reflect, in many instances, a clarification of language to get rid of confusion that existed, because sometimes different parts of The Labour Standards Act made slightly different references to the same situation in terms of entitlement to leave; what the definition of a work week was; what exactly should happen with pay for a worker who was required to work on a statutory holiday. There are different references in different sections that workers found confusing. Here there is an attempt to consolidate that.

The review board, when they travelled the Province, heard these things presented repeatedly. They brought forward the proposed amendments, which were then vetted through the Department of Justice. They have agreed that these recommended changes here will provide the necessary clarification, make the system more understandable to everybody who needs to know what their rights are under the basic labour standards of the Province, and that it will, in fact, assist workers, particularly those in the nonunionized setting, who depend upon this act to spell out for them what their rights are as employees.

With that, I would commend it to the House for second reading. I am certainly ready to respond in more detail to any questions that members might have, on which they would like more information.

Thank you, Mr. Speaker.

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

MR. WINSOR: Thank you, Mr. Speaker.

What the minister said about this Bill is essentially right. Much of it is just tidying up the language that had already existed with respect to clause 1, Mr. Speaker, I hope it works. Because a number of constituents of mine who have attempted to go to the Labour Relations Board for an adjudication, find it is incredibly slow getting a case heard. I hope that the appointment of a single adjudicator will certainly speed up that process so that aggrieved workers can have their cases heard in a much shorter period of time than presently.

I also note, and I think it is a very positive move, in section 7, clauses 9 and 10, repeals provision of the act, which basically discriminated against disabled persons, so that they are now entitled to the same opportunities and wages that other people were.

I want the minister to clarify something for me, because it occurred on a number of occasions last year in the course of his special works programs. On or about that time - I am not sure if it was the Thanksgiving weekend or Armistice Day weekend intervened and there was certainly some confusion among the people who basically had government-sponsored programs. Because the Department of Social Services operated, seemingly, in one mode, and the different other divisions, the Department of Forestry or the Department of Labour or the Department of Fisheries, seemed to have another standard as to whether people would be entitled to a day - an holiday, we will call it - say on November 11, and what period of time someone had to work previously in order to qualify.

I called the Departments of Labour and Social Services and each of them had a different explanation as to whether that person was entitled to a day off or, in fact, because it was a statutory holiday, was he entitled to double time because of that day he had worked. I have looked through this bill but I cannot see if it really specifically addresses this concern, because it sometimes comes up. And, in this case it is people who are essentially working for government: Are they entitled to a day? If an employee comes to work, for example, with the minister's department here, and he comes in on one Monday and the next Monday is a holiday, do these people get that holiday? If so, why shouldn't all employees of the Province, who work for the government of this Province, be entitled to it?

Clause 13 provides for an employer who employs an employee at a remote site, shall pay travel costs of that employee in the event that his or her employment is terminated. Who determines what is a remote site? Is there some designation in the legislation that determines what a remote site is? I would like for the minister to address that.

Other than that, most of the thing we see, it is a tidying up of the language to allow, for example, for maternity leave to come in line with the benefits that are already in place with the federal government. Other than that, we see most of it as being fairly positive. The couple of questions I raised perhaps the minister could address now.

MR. SPEAKER: The hon. the Minister of Employment and Labour Relations, if he speaks now, closes debate.

MR. GRIMES: Thank you, Mr. Speaker. With respect to the two or three items raised, I just might offer a general comment first. As the hon. member opposite points out, there are a number of significant things in here, even though much of it is language-related. There are some significant things that we will have to make sure are pointed out to the working public so that they are aware that these changes have occurred.

One of them, of course, obviously, is the repeal of the provision allowing for special minimum wage rates for disabled persons. That issue had been raised in this Legislature before. It had not been actioned by any employer in the Province that we were aware of, that they were not paying these rates. But we will certainly make sure that everybody is clear that now the provision allowing for it has been taken off the books with the passage of this bill. It is not even remotely possible any more, which everybody in this House has gone on record as agreeing that that should be the case.

The other entitlements, in terms of looking at bringing pregnancy leave, adoption leave, and the other types of things in line with the federal UIC regulations and whatnot. There will be notification. There will be a necessity for the department to do an information blitz in terms of a pamphlet or other things that are done to update everybody as to what the new provisions are in labour standards in the Province.

A couple of the questions - the issue did get raised last year with respect to the entitlement of people on these job creation programs, when one of the statutory holidays comes in the period.

We have asked basically, if any one person were to insist on his right to holiday pay and what not for that provision under the act, we would have no choice but to pay. And what we have done, because we recognize that these people haven't been working and would not be working, without the fact that some department of government or a sponsoring agency put in place a project especially designed to give them work that they never otherwise would have accessed; we have asked them to agree, that provided that they were not forced to work above and beyond what a normal week would have been, that they not make a claim for additional pay for holidays and so on, even though they have a legal entitlement under the act and they could not be denied, but these people have always been asked, and no one can force them on a voluntary basis and most do not raise it but when it is raised from time to time, we have asked for agreement -

AN HON. MEMBER: You can't do that.

MR. GRIMES: No we can't insist, it is understood we could never insist, and if somebody wanted to pursue it, they would have a right that would have to be determined under the act and it could go through appeal and so on; however, by the very nature of the job creation projects, it has been understood, and in most instances, these workers are so grateful and so thankful to have the work that they feel actually that they would be infringing upon anybody to try to insist that they get other pay or extra pay when, in fact, they were put to work where there was no hope that they ever would have had work if they were left to their own devices.

So, we have recognized that, and when a government department or a sponsoring agency like a development association, and so on, puts people to work, they treat them fairly, they make sure that they get what they are entitled to under the benefit structure, and they would assume and hope that most people would not be in a position to ask for other benefits, that they would never even have a hope of accessing by virtue of trying to get a job of their own volition and through their own efforts. If in dispute, however, Mr. Speaker, it is clear that the people could, by using our very own Labour Standards laws and our own Labour Standards Act, insist upon being treated according to the provisions of the act, and if that becomes an issue it will be clarified in that fashion on an individual basis.

The other item in terms of remote employers, Mr. Speaker, 'remote', is defined in a couple of ways, by terms of accessibility through normal modes of transportation. If there are road links, and so on, that is not normally considered to be remote, but if the access is limited to by water or by air routes, and these are not in any way close to what normal transportation in the 1990s would be considered, then it is considered and deemed to be a remote work site. It also has to do with the number of people on that site. You might be in a remote place by virtue of definition of how you get there by travel, but if there are fifty people working there and they can access and help each other, it is not considered to be remote. So it is a combination of where you are, your accessibility and how many people are on the site, that determines whether it is remote or not, and those provisions are spelled out and can be checked on an individual work site basis by contacting Labour Standards officers.

So, Mr. Speaker, we are very pleased with the amendments that are being proposed in Bill No. 32. We think there are a lot of positive things to help workers in Newfoundland and Labrador, and we will be doing everything possible upon assuming passage of this bill to make sure that people are informed of their new rights under the minimum Labour Standards of the Province. With that, Mr. Speaker, I move second reading of Bill 32.

On motion, a bill, "An Act To Amend The Labour Standards Act," (Bill No. 32), read a second time, ordered referred to a Committee of the Whole House on tomorrow.

MR. BAKER: Order 8, Mr. Speaker.

Motion, second reading of a bill, "An Act To Incorporate The Newfoundland Association Of Social Workers," (Bill No. 12).

MR. SPEAKER: The hon. the Minister of Social Services.

MR. GULLAGE: Mr. Speaker, this act would see the incorporation of social workers under a legal association. All social workers in the Province will have status now as an association and provide for registration of social workers and recognition of social workers as a profession, giving them the right to show registration with their association, very similar to other professional groups and associations in the Province, such as the Association of Registered Nurses, just as one example.

The name of the association, of course, would be the Newfoundland and Labrador Association of Social Workers. They would have a board of directors and various committees, provide for registration of social workers, and in recognition of registration, when they have achieved a designation of Bachelor of Social Work, or a Master of Social Work. It defines the social work, a definition of a social worker, and a person who will be acceptable as registered into this particular association.

The act would be binding upon employees of the government who practice social work. It also defines those who are exempt under the act. It provides for a transition period for those who are in temporary positions now, because since 1984 there has been a - government, of course, decided that only a Bachelor of Social Work or a Master of Social Work could practice the profession of social worker. Since that time, any person placed in a position as a social worker per se has been deemed as temporary.

So, under this act now, and by way of amendment, the Government House Leader will be putting forward three amendments, actually, three changes to the bill as it is printed.

One of those will deal with the fact that "permanently" will be inserted rather than "temporary", and we will only recognise, for the purposes of this act, permanent employees of the department. The temporary designation will only apply for a period of seven years. It was five in the original printing. So we are now giving a period of seven years - an individual who is serving temporarily in a position now as a social worker will be given seven years to complete requirements under the courses of Social Work at the University, at the School of Social Work, any outstanding courses that they wish to pursue, that they have to pursue, to complete their Social Work degree, Bachelor of Social Work, or, indeed, a Master's, if they wish to go on and complete a Master's.

AN HON. MEMBER: (Inaudible) minimum requirement.

MR. GULLAGE: That is the minimum requirement. So the minimum requirement, as defined now, and it will come into effect if this passes, will be a Bachelor of Social Work. You will have to have a Bachelor of Social Work in order to practise the profession of a social worker. The transition period, of course, will provide the opportunity for those who are presently practising to upgrade their education and receive the Bachelor of Social Work degree in that time frame.

Mr. Speaker, also, as I mentioned, we have moved the period of time now. We have allowed seven years rather than five years. Those changes, of course, are reflected in the amendment. Actually, as I mentioned, there are three subclauses that will be affected by the amendment. But they all deal with the period of time and the fact that now we are inserting the word "permanently" instead of "temporary" wherever "temporary" appears in the clauses.

The act also outlines the constitution of the board of directors. It gets into the regulations that the board may, subject to the approval of the minister, make regulations respecting subjects of of examination for applicants for registration; time and place of examinations; requirements for registration; maintaining records; academic qualifications and experience; various bylaws that the association would bring into effect, and so on.

Again, the purpose of this act, the broad purpose, is to give recognition to our social workers and recognize them as a profession; allow them an association to deal with matters pertaining to social workers and the profession of social work. Of course, clearly outline that the education minimum standards for practice as a social worker will be a Bachelor of Social Work, as a minimum, and then having attained that degree, of course, they will be able to practice social work and be registered as a professional social worker.

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, I have had the opportunity in the past few weeks, particularly at the estimate committee meetings, to discuss some of this with the minister.

I happen to have some views different from the minister and different from the Member for St. John's East; but the Member for St. John's East, and my colleague from Humber East, I guess, have been very involved in this piece of legislation as well, and have discussed it with the minister.

I have a couple of questions to which I would like the minister to respond when he is finished second reading. What is happening now, I think it was in the mid eighties where government brought in a policy whereby any social worker who did not have a BSW would only be a temporary social worker. Since then, where BSW graduates finished, they were able to bump out the people who were temporary replacements. I just want to ask the minister: Is that going to continue, or will the ones who have been there for a number of years be able to stay in their position? I would like for him to clarify that for me.

MR. SPEAKER: The hon. the Minister of Social Services. If he speaks now he closes debate

MR. TOBIN: No, no.

MR. SPEAKER: Order, please!

MR. TOBIN: He is going to answer the question for me now rather than close debate. We are just going to be a few minutes, if that is (inaudible).

MR. SPEAKER: Okay. The hon. the Minister of Social Services.

MR. GULLAGE: Mr. Speaker, yes, in fact we will continue the practice of graduates with degrees of Bachelor of Social Work or Master of Social Work having access to positions that are presently occupied on a temporary basis by those who are deemed temporary, because they do not have either one of the degrees.

Yes, those people will be displaced, and in the majority of cases will move back to positions within the department, such as FAO's, Financial Administrative Officers, and positions like that; but certainly yes, people holding degrees, upon graduation, will be given the right to bump these people out of these temporary positions.

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Speaker, another part of the act, the minister has given these people as well, who will be in temporary positions, I think, up to seven years to go to university and get their degrees. I would like the minister to, when he is doing second reading on this, advise me as to what will happen. If someone does not get a degree, if someone does not upgrade themselves within that seven years after the proclamation of the bill, if someone does not get their degree, what will happen to them at the end of the seven years? Will they be getting special permits to continue, or will they be basically terminated, whatever the case may be?

I also would like for the minister to tell me if there will be any financial incentives, or any program put in place, whereby those acting social workers who want to get degrees will be able to avail of any government assistance in order to attend Memorial University, number one.

Number two - I would like for the Minister of Health to extend the courtesy to the Minister of Social Services to listen to my questions.

Will there be any financial assistance or programs available for them to avail of, number one.

MR. DECKER: (Inaudible).

MR. TOBIN: What was that?

MR. DECKER: (Inaudible).

MR. TOBIN: Mr. Speaker, the Minister of Health might tell the nurses or the administrator of the hospital who she is going to see and when she is going to see him, but he is not going to tell me what I can ask.

That is the other question. What about the social workers in permanent positions as well? I am wondering if the minister will consider putting something in place, putting some program in place where, say if there is a social worker, a BSW graduate who now wanted to do their MSW, will there be some programs in place such as leave without pay to attend Memorial University, or leave with pay, I am sorry, leave with pay to attend Memorial University? Will there be some help towards tuition and things such as that?

I am also wondering what will happen now to the temporary social workers who are now in the permanent positions. With this new act and the amendment will they now be registered as temporary? Will they receive a temporary registration of social workers, or will they become a RSW straight through, or whatever the case may be? I would like for the minister to address that as well.

Now the other thing that we say, that it -

AN HON. MEMBER: (Inaudible).

MR. TOBIN: I know where the minister is coming from, because I know the Newfoundland Social Workers Association has been pursuing this for some time. Back when I was minister, as a matter of fact, we had several meetings and discussions. As a matter of fact we had a paper that went to Cabinet, it went to the Social Policy Committee of Cabinet, and had gone to the general Cabinet to deal with this. I would suspect that most of what is in the act is basically what has come from the committee that was set up, the inter-departmental committee together with the Newfoundland Social Workers Association.

Having said that, you know I do have some concerns for the social workers who for seven or eight, five or six, or even three and four years have served the role of social workers in an acting capacity, and served it very professionally and done a tremendous job. I know the minister shares what I am saying. I do have some concerns for them, and I know the minister is going to say there is a seven year period there for them to upgrade and get their BSW's. That is basically it. But I would like for the minister to address a couple of these. Probably when we are going through the committee and bringing in the amendments we can get on to it a little further.

Eric, do you want to close the debate?

MR. SPEAKER: The hon. the Minister of Social Services. If the minister speaks now he will close the debate.

MR. GULLAGE: Mr. Speaker, I don't have much to add really, except to say that many of the concerns that the hon. member has raised, I will address those points in committee. I think we agree that there are some concerns, as he has raised, and we have had discussions about them. Again I will answer his questions in committee.

Mr. Speaker, I think in the main, this bill is going to be very much welcomed by the social workers throughout the Province as the hon. member has said. It has been discussed for years and long awaited. I think it will be very, very well received by our social workers throughout the Province.

On motion, a bill, "An Act To Incorporate The Newfoundland Association Of Social Workers," read a second time, ordered referred to a Committee of the Whole House on tomorrow.

MR. BAKER: Order 17, Mr. Speaker.

Motion, second reading, "An Act To Abolish School Tax Authorities And To Provide For The Collection Of Unpaid School Tax."

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

DR. KITCHEN: Thank you, Mr. Speaker.

Mr. Speaker, it is with great pride that I rise in my place to introduce the reasoning behind the abolition of the school tax.

SOME HON. MEMBERS: Hear, hear!

DR. KITCHEN: Mr. Speaker, having got up that high, we will come down and say what we are really doing is getting the mechanism in place by which we can collect the unpaid taxes. I will just go over it very briefly because the members can read as well as I can but just to recount what we are about to do. We are going to wind up the school tax authorities, repeal the local School Tax Act, and enable the Crown, through the Department of Finance, to take over the activities of the school tax authorities after June 30 and to proceed with the collection of the unpaid taxes and to wind down the school tax authorities.

When the school tax authorities end in June they have to put their accounts in order, they have to be audited, and we have to make sure that process is properly gone through. The people have to be paid off, the arrears have to be collected and we have to proceed with that until the end of the calendar year and beyond because for those people who are on the borderline and do not know for sure if they are going to make $7000 or not, and they will not know that until the end of December, we have to keep some mechanism in place even beyond the end of the year so that their accounts can be properly handled and if refunds are necessary be made.

Mr. Speaker, I do not think I will speak anymore on that except to say that this is the jewel this year in the Liberal crown.

Thank you, very much, Mr. Speaker.

MR. SPEAKER: The hon. the Member for St. Mary's - The Capes.

MR. HEARN: Thank you, very much, Mr. Speaker.

The minister said the jewel in the Liberal crown and it certainly is. First of all let me say there is absolutely nothing wrong with the abolition of school tax. There is no problem with that.

SOME HON. MEMBERS: Hear, hear!

MR. HEARN: I have never had a problem with it.

SOME HON. MEMBERS: Oh, oh!

MR. HEARN: No, he did not. In fact one statement said that the most popular thing a person could do would be abolish school taxes. But in so doing we were very cognisant of the fact that if you abolish school tax, take away $30 million from the school boards of this Province then you had better come up with a way - and we always said a way, that would guarantee that the school boards would receive at least just as much money, that they would have the same flexibility in spending those dollars, and that the people who pay the piper would not be negatively affected.

MR. HOGAN: Right .

MR. HEARN: The Member for Placentia says, right, and he knows only full well that a number of people out there are negatively affected by the changes made by this government.

AN HON. MEMBER: Who are they?

MR. HEARN: Old age people, number one, who never paid before. All the small operators in the resource sector are paying through the nose.

AN HON. MEMBER: No.

MR. HEARN: Yes, including operators in your area and in particular small fish plants. I could show the member a letter. In fact I have one here. It is a letter to the Minister of Finance from the Fisheries Association of Newfoundland and Labrador. And what are they saying?

MR. HOGAN: They are not in my district.

MR. HEARN: I did not say that. I said there are firms in your district. Go out and visit your district occasionally and talk to some of them instead of having them call me all the time. I have a letter here to the Minister of Finance but before I get into this I should probably say to the Government House Leader that if he wanted to get this House closed in a hurry he should not have let the Minister of Finance introduce this piece of legislation because this is something that can keep us here for at least another month and a half.

The letter is to the Minister of Finance from FANL where they talk about the resource sector being hit by the payroll tax. It says we regard the payroll tax as a regressive instrument penalizing labour, etc., but there are some specific reasons why small fish plants around the Province would be against it. The introduction of the payroll tax was suppose to be neutral in relation to the revenue it took it, revenue neutral. Here is a statement from the Budget: school tax paid by businesses will be replaced by the payroll tax.

The Budget goes on to state: It is government's intention to fund this commitment from the same sectors that will be relieved of the school tax burden, and to the extent practical in the same proportions.

Consequently, a survey of twenty members, twenty small fish plants throughout this Province, these days trying to survive, many of the operators taking losses just to stay afloat - last year the twenty member companies paid $430,000 in school tax. $430,000 these twenty fish plants paid. These same companies -

AN HON. MEMBER: (Inaudible).

MR. HEARN: I am not sure how much was collected. $430,000 was what they - oh yes, collected.

This year the same companies will be forced to pay over $1,120,000 through the payroll tax.

I talked to an operator in my own area who last year paid, I believe it was two thousand some odd dollars. This year he has to pay over $7,000. That is a big hike for a small operator, many of whom, as I said, are not even making any money. This increase is about a threefold increase in the amount that the industry has to pay.

Another interesting point brought up by FANL, and I hope the minister will listen to this.

AN HON. MEMBER: (Inaudible).

MR. HEARN: I am in no rush, Mr. Speaker. If the Minister of Finance, perhaps out of the kindness of his heart, if he has a heart -

The FANL operation, the fish plants in the Province, make a very important point. They are saying to the minister that from January to June this year they have to pay school tax, as they did in previous years. So for the first six months they pay whatever they paid before, half the year; but for the second half of the year this school tax is now replaced by the payroll tax, for business.

For fish plants, unlike say a grocery store, or a mall or anything else, where you have constant business basically year round, most fish plants in this Province really come on stream the end of June. Their peak season, when they have all their employees on payroll, will be from the end of June until probably the end of September or the end of October, whatever.

What you are really asking the fish plants to do, and people such as the Member for Baie Verte - White Bay in particular, who will be well aware of this; the Member who represents Port Union, Catalina; the Member for LaPoile, all of whom have fish plants; these operators, especially the smaller operators where you only have seasonal plants, the plants come on stream roughly in June, mainly the end of June by the time they have any product. June, July, August, September, October, they are at peak. During these months, instead of paying we will say six months payroll tax, they are really paying their full shot, because their whole payroll year is really within a four or five month period.

What the Minister of Finance is doing this year to operations, especially in the fishery, is hitting them for half a year for the payroll tax, and then he is hitting them in the second half for a full year payroll assessment.

What they are asking the minister to do is to look at the fisheries in particular, in light of this, and readjust the amount that they have to pay. If their total payroll bill for the year falls within these six months, then they should assess just half of that rather than the full amount, because the plants are really getting hit.

That is, of course, if the minister, maybe in the kindness of his heart, looking at the resource sector and the state that we are in, might decide to eliminate the -

Mr. Speaker, it is impossible to hear.

MR. SPEAKER: Order, please!

MR. HEARN: A number of the members opposite have fish plants in their area, and they are showing a complete apathy towards the problems that are faced by these small fish plants.

The Member for Port de Grave is sitting there, listening attentively, because he knows exactly what we are talking about, that some of them are going through extremely hard times. To say to them that in the first half of the year you pay your school tax, and in the second half of the year you pay your payroll tax, but your second half of the year is a full year's payroll, so consequently we get you twice.

Hopefully the minister will look at that and, as I said before, if he does not wipe it out entirely for the resource sector, as he should, especially in the fishing industry, then he should look at decreasing it.

Mr. Speaker, that is only one part of the problem. The main part of the problem in relation to school tax is the affect that the abolition of school tax and the suggested replacement is having on school boards.

For months now since this was brought up and discussed, the Minister of Education has been saying that school boards will not suffer. They will have just as much money this year as they always had. So far the school boards out there do not have just as much money as they always had. They have been unable to collect the school tax, and consequently there is this big gap, and they are wondering when the Minister of Education is going to live up to his commitments. We know after watching the Minister of Education over the last few years that we can't depend very much upon the commitments of the Minister of Education because he has the heart to do certain things, but he doesn't have the go ahead from his colleagues.

So consequently school boards are being hurt because they have less money than they ever had. We are told everybody is going to be equalized, and we have seen again over the last few years what equalization means to this government. Equalization means treating everybody alike, but to keep the Premier happy so that he can go around and crow about having a balanced budget, we will equalize everybody to the bottom. School boards are finding with the teacher assistant problem that they are now equalizing towards the bottom. School financing, you know, is the same thing going to happen?

Are we going to equalize or are we going to tell St. John's school boards, for instance, who over the years, because of the economy in St. John's, because of the amount of school tax they collected, were better off than others until we introduced the school tax equalization formula. Instead of following through with that formula and equalizing all of them as they should, the government is now going to bring in a blanket amount of money, spread it out equally, but what it will probably mean is that a number of boards will have fewer dollars than they had.

The argument can be there will be more boards who will have more money. That is true, more money than they had, but not more than the government committed because they committed to equalize educational opportunities throughout this Province. You don't equalize by bringing down those who have succeeded to date. So the government is going to have to put in enough money to make sure that no school board has fewer dollars than they had before, and that all the others end up with the students having the same amount spent on them as in the more lucrative boards.

Another aspect of all this, Mr. Speaker, is in relation to what is going to happen to all the property that is out there. In the act it states that the Department of Public Works, I believe -

MR. SPEAKER: Order, please!

MR. HEARN: - the Minister of Works, Services and Transportation is going to be handed all of this property, all these school tax offices and I presume whatever is in them, computers, desks, filing cabinets anything else that is worthy of note. It is up to the Minister of Works, Services and Transportation then, I presume, to dispose of these now Crown assets, because government is now taking over School Tax Authorities, are now taking over all the properties. The Department of Finance is going to take over collecting the money and the Department of Works, Services and Transportation is going to take over all the assets.

Now, what is going to happen - I am correct on that I presume, that the Department of Works, Services and Transportation will take over the assets, it says so in the act. So we are going to have all kinds of sales, computer sales, building sales, chair sales, desk sales whatever, but the question is, where does that money go? Does it go back to the boards?

DR. KITCHEN: No.

MR. HEARN: It goes to government?

DR. KITCHEN: Yes.

MR. HEARN: Okay. So here we see a complete and utter rip off. I do not know how many realized this was happening, but here we see a complete and utter rip off of the school boards that are out there. Over the years, some of the school boards - because the monies raised by School Tax Authorities always go to school boards. They pay their operating expenses, the rest always go to school boards; in the disposal of any assets or whatever happened over the years any monies taken in by School Tax Authorities went directly into the pockets of the school boards, actually for the benefit of the children within that area.

Now, over the years, because some of these School Tax Authorities had to use more revenue than others, because in some areas there were buildings there that could be taken over, some School Tax Authorities had to start from scratch, had to buy or build buildings, had to equip them using the money that was collected for the young people, the youth of that area, and that is accepted because these were assets of the School Tax Authority and really assets of the school board, as everybody knew -

AN HON. MEMBER: No.

MR. HEARN: They were really assets of the school - yes; because every cent collected - School Tax Authorities under legislation were set up for one express purpose and that was to collect money to put into the schools of the Province, for no other purpose. The only money that came out of the monies generated, the revenue generated by School Tax Authorities, the only money that was taken out was for operational expenses, it might be fixed assets, it was around 10 per cent to 12 per cent by the way, higher in some areas in certain years depending upon the degree of improvements that had to take place: computerization, new buildings, offices, whatever.

So this money was the money that was collected from the pockets of the people in these areas for the expressed purpose of benefitting the children in these areas. The volunteers - we won't be concluding this for days.

MR. FLIGHT: They need you in Ferryland.

MR. HEARN: Ferryland is running on automatic pilot. You need never worry. The Member for Windsor - Buchans wants to know about - I will tell him, you need never worry about Ferryland. Ferryland will take care of itself, and it will take care of Tom Best, and it will take care of anybody else that comes up. You need never worry about Ferryland. In fact the Liberals will take care of themselves, I predict, in Ferryland.

AN HON. MEMBER: (Inaudible).

MR. HEARN: Now I am going to have to start all over again, Mr. Speaker, because they have thrown me right off.

Now I was saying to the Member for Placentia, I believe, who seemed totally unaware of what this was all about, that the physical assets of the School Tax Authorities were put there, all of the revenues collected from people who were paying their school taxes so that their children could have more than they had from government, because the amount of money government gave them was not enough to suffice and cover of cost of operation and expenses. Of course not only operation and expenses, extra salaries were necessary, capital improvements and whatever. So in order to operate some of these -

AN HON. MEMBER: (Inaudible).

MR. HEARN: My district and yours did fairly well compared to a lot of them, but not as well as St. John's by any means.

AN HON. MEMBER: (Inaudible).

MR. HEARN: But what were they charging? You also have to look at the amount of money -

AN HON. MEMBER: (Inaudible).

MR. HEARN: Placentia and Ferryland also had the highest collection rate perhaps, but the lowest amount of money, the lowest charge to people. It was $60 up in Ferryland last year. It is $85 now. That was the choice of the people in the area, certainly, and they had the opportunity to collect I think $120,000 extra if they charged the same amount as they charged anywhere else, but they didn't. But that is neither here nor there because the formula was based upon everybody charging the same amount in relation to equalization. If some School Tax Authorities charged less, then it was their fault if there was a discrepancy, and not governments.

Anyway, Mr. Speaker, the thing that they are trying to do now is deflect attention from the fact that they are going to take over all these buildings, some of them worth a good dollar, to take over all the assets in these buildings, sell them off, and instead -

MR. HOGAN: (Inaudible)

MR. HEARN: Mr. Speaker, will you quiet the Member for Placentia? He was down in the sun too long. It affected him and he is getting senile.

The problem is all of these dollars were collected from the people to put back into the school boards to help the children.

DR. KITCHEN: And it will go back to the schools.

MR. HEARN: The Minister of Finance says it will go to the school boards but that is not factual. The minister said earlier that these assets, all of these assets that have been built up during the years, out of this money that it was taken for granted was part of this overall fund that will go directly to benefit the children of the area, they had to build buildings, they had to get computers, they had to buy desks and chairs for these offices out around. In some cases they were handed them with schools closing down, but millions and millions of dollars out there really owned by the boards, by the people in the area, are now being confiscated by government, sold off and the monies going into general revenue, so any school tax area that did not have to spend any money on a building or on computers and who had a very low percentage going towards capital costs had over the last few years put a lot of money into the schools.

Some other areas had to invest in capital expenditure in order to be able to operate and now they are being told that this money, really which was short changed, I suppose for want of a better phrase from the schools because of immediate need now cannot go back to the schools, government is going to grab it, and you talk about equalization. You are not talking about equalization here you are talking about a money grab. You already have a money grab from the fish plants. You are not only charging them three times more than they ever paid, you are taking the whole year's work out of the second half, which is their payroll year, and then charging them the first half for the regular school tax. Then you come out and grab everything that the school tax authorities have and sell it off and keep the money. That is unheard of, Mr. Speaker. There is no way the minister should let, in light of the facts now stated, let this legislation go through without making a number of amendments to it. Just looking at another section, the minister talks about how the people now have a chance to pay their school tax in the first half of the year and if they do not - the Minister of Education says this in letters out to the different school boards and to people, public proclamations, if you do not pay your school tax in the first half of the year then you have to pay all of it. The smart way they started all of this was by saying that you must pay your school tax, but if you pay it before the end of June we'll forgive half of it. When in reality the legislation introduced says there is no more school tax collection after the end of June anyway. Half a year! If there is only school tax in legislation for half a year then legally people are only obliged to pay half of it. Government comes out with a scam by saying that: you have to pay your school tax but, if you're good, and pay it before half the year is up, you only pay half of it. I suggest if they pay at any time they only have to pay half of it. Maybe penalties that would be put on.

But there is no way anybody can say: you have to pay all of it, because it is eliminated as of the end of June. In legislation. Or it will be, if this ever goes through. School tax will be eliminated. So consequently, half is due by the end of June, and then that is it. Period. So this bit about: pay and we'll give it back to you and so on, what a schemozzle. As if we are doing you a favour. You've eliminated school tax. So people only have to pay half. They do not have to pay the other half, except the poor old fish plants out there that have to pay through the nose.

I presume that other members, especially those who have fish plants, are going to defend the call from their fish plants, from the numerous fish plants that make up FANL, Fisheries Association of Newfoundland and Labrador. Many members opposite have fish plants and they are crying to the Minister of Finance to open his ears and eyes to see what he is doing here. So consequently, Mr. Speaker, I presume we are going to see a number of hon. members stand.

So three or four things here that have to be looked at. The resource sector, the charge to seniors, the grab of facilities out there to be sold off. I ask the minister to make sure that these are addressed before this legislation goes through.

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Mr. Speaker, we have made some limited progress today. I wonder if hon. members would care to come back tonight at 7:00 p.m. and continue?

SOME HON. MEMBERS: (Inaudible)?

MR. SPEAKER: The hon. the Opposition House Leader was about to stand (Inaudible).

MR. MATTHEWS: I was just going to say that some of our members would prefer to keep on going, but I understand the Government House Leader would rather stop and come back. Some of our members would prefer to go on through and finish it up, but -

MR. SPEAKER: We will recess until 7:00 p.m. this evening.

The House is now recessed until 7:00 p.m. this evening.


 

June 10, 1992 (Night)        HOUSE OF ASSEMBLY PROCEEDINGS       Vol. XLI  No. 54A


The House resumed at 7:00 p.m.

MR. SPEAKER (Lush): Order, please!

We were at the time of adjournment doing order 17, Bill No. 28. Order 17, page 2 of the Order Paper, Bill No. 28, "An Act To Abolish School Tax Authorities."

The hon. the Opposition House Leader.

MR. MATTHEWS: Thank you very much, Mr. Speaker. We don't want to have too much more to say about this particular piece of legislation. I don't know what more can be said about it. It has all been pretty well said, I think, from both sides of the argument. I don't think there is anyone who is opposed or has been opposed to the abolition of school tax, but it is what has replaced it, I guess, brings concern.

As I said before when Newfoundlanders and Labradorians were promised that the school tax would be abolished, they never thought for one moment that they would see their personal income taxes increase now over a three year period by 6 per cent, and as a direct result of the abolition of school taxes in this years budget, we will see an increase of 4 per cent. That is obviously very closely tied to the government's decision to abolish the school tax. A 4 per cent increase in personal income tax is pretty significant - pretty staggering.

Of course what else we have seen, Mr. Speaker, is the infamous payroll tax which the government brought in a couple of years ago. The ceiling on that has been reduced from $300,000 to $100,000 on payroll, and that payroll tax has been applied to the fishing industry of all things, Mr. Speaker. The fishing industries of all industries we have now slapped with a payroll tax.

Now I don't know for how much longer the government will derive any revenue or very little revenue from payroll tax on the fishing industry, I say to the Minister of Fisheries, because it is shrinking out there very, very quickly. There is a very grave situation in the Province's fishery, but for the Minister of Finance and the government to decide to apply the payroll tax to the fishing industry was certainly lacking in foresight, I have to say to the Minister of Finance. Lacking in foresight to apply that infamous payroll tax to the fishing industry with the turmoil and the state of the fishing industry in this Province. We have fish companies hanging on by their fingernails, what few are left out there. If anyone watched the news last night it looks pretty serious for a lot of the small fish companies, the independent companies out and about the Province. And to have to face that staggering now payroll tax for, it would have to be a very small fish company that would not be paying at least $100,000 a payroll -

DR. KITCHEN: (Inaudible).

MR. MATTHEWS: What is the Minister of Finance over there moaning and groaning about? I mean my God, doesn't the Minister of Finance realize what he is doing to the Province? We cannot afford to have any more fish companies go bottom up for whatever reason, whether it is resource, whether it is because of provincial government imposed taxes -

MR. R. AYLWARD: He is like Clyde. He wants to sacrifice everything.

MR. MATTHEWS: The Province can't stand it, I say to the Minister of Finance. Even though you stand up and you applaud the abolition of school tax, but what have you done because you have abolished this tax?

DR. KITCHEN: We have replaced it.

MR. MATTHEWS: You have replaced it? You have more than replaced it, I say to the minister, more than replaced the tax.

MR. R. AYLWARD: You have doubled it.

MR. MATTHEWS: And questions have been raised about the assets of the school tax authorities, what is going to happen to all that? You have a couple of hundred people out of jobs, another couple of hundred.

AN HON. MEMBER: Eighty-eight.

MR. MATTHEWS: Not really. Eighty-eight employees are displaced, or eighty-eight will be kept?

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: There are eighty-eight employees left

AN HON. MEMBER: Now.

MR. MATTHEWS: Now?

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: How many will lose their jobs, then?

AN HON. MEMBER: Who knows?

MR. MATTHEWS: Who knows? Well there you are now. You see, there is another example of what this government does. It makes recommendations -

MR. R. AYLWARD: I hope that is in Hansard.

MR. MATTHEWS: It makes blanket recommendations without knowing the impact; blanket recommendations without knowing the consequences to the people of this Province. It does not have the answers. It makes great recommendations on all kinds of matters. It recommends do this, do that. It does not know the consequences, and could not care less about the consequences, I say to the Minister of Finance - could not care less - does not even know the impact on the Minister of Social Services budget, the things that he is doing; does not know that.

AN HON. MEMBER: (Inaudible) next election.

MR. MATTHEWS: Yes, imagine when we are all gone. Imagine what a saving that will be to the government. You will have another twenty or so unemployed people that you will be proud of.

MR. DUMARESQUE: Scallops are gone.

MR. MATTHEWS: No, scallops are not gone, I say to the Member for Eagle River. He can talk about scallops all he likes. He knows as much about what scallops are gone as he knows about the rest of the Newfoundland fishery, and that is not very much, I say to the Member for Eagle River. He pretends to know a bit about it, but knows very little. He might know a bit now since supper time, when he went out with the Member for Port de Grave. He might have taught him a few things about the fishery.

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: The Member for Port de Grave might have taught him a few things about the fishery, but the few things he knows I would say the Member for Port de Grave taught him, because he does not know very much about it himself - any of it.

AN HON. MEMBER: The French got the scallops.

MR. MATTHEWS: The French got the scallops, yes.

AN HON. MEMBER: (Inaudible) Crosbie took them from you.

MR. MATTHEWS: Crosbie. It is a world court decision. What is wrong with the Member for Eagle River? It is a world court decision. Crosbie took them from them.

If you are going to say anything about what happened today, I would tell you the ones that you should be attacking. It should be your Trudeau Liberal buddies. The seventy-two treaty is still a noose around the neck of the people of this Province. That is the only reason there has to be any discussion of what is coming down today, I say to the Member for Eagle River. The only reason there will be any discussion on resource and reciprocal arrangements is because of the infamous Trudeau treaty with France - no other reason. Otherwise, it would be cut-and-dry today, I say to the Member for Eagle River. So if you are going to mouth off about Canada, France or anything else, attack the right people.

What we have today is a world court decision - a world court decision that is final and binding.

AN HON. MEMBER: Crosbie (inaudible).

MR. MATTHEWS: Crosbie has provided what?

MR. SPEAKER: Order, please!

I remind the hon. member that we are on Bill -

MR. MATTHEWS: We are on a tax bill.

MR. SPEAKER: On a tax bill, but we are -

MR. MATTHEWS: On a tax bill, which by -

AN HON. MEMBER: That is right, and Newfoundland is being taxed by the (inaudible).

MR. MATTHEWS: Yes, and there are a lot of implications for what has happened today to the tax of this Province - a lot of implications. Think of the tax the Province would derive if they had that 40 per cent or 50 per cent of scallops coming into Newfoundland to be processed. Think of the taxes, the income tax, the 4 per cent extra income tax the Minister of Finance would get because he abolished the school tax. Four per cent more he would get off everyone working on the Burin Peninsula in a scallop plant; 4 per cent more of the personal income tax; and Clearwater would be sending him in more payroll tax, because he has now reduced it to one hundred thousand from three hundred thousand; and the other small operation directly across the harbour from Clearwater now will have to send the minister in payroll tax.

DR. KITCHEN: Bring back the school tax?

MR. MATTHEWS: Yes, bring back the school tax. Newfoundlanders and Labradorians are going to be worse off because of what you did. The thing about it is, if the bottom line of the Province was improving we might accept some of it, but the bottom line of this Province is worsening. It is worsening.

AN HON. MEMBER: It is in good hands.

MR. MATTHEWS: Yes, it is in good hands because the minister's philosophy is to have as many Newfoundlanders and Labradorians unemployed as is humanly possible. Send them to the Minister of Social Services. Get them that $300 or $400 dole. That is what his attitude is. That is his philosophy, hoping they will get so desperate that they will all go off to the mainland, and then there will be 150,000 or 200,000 people left. That is what he is hoping for - the Jay Parker formula by another name, resettle the works, that is what the Minister of Finance wants, it is obvious, he does not want to put anybody to work here in Newfoundland.

Can you imagine, the Minister of Finance to impose the payroll tax on the fishing industry and the Member for Eagle River mouths off about the fishery, can you imagine, he has some concern about the fishery. They are not one bit concerned about the fishery, if you were you would have some effect on the Minister of Finance and the other ministers in the Cabinet who make the decisions, and you would tell them the fishing industry, the small companies cannot stand it, but you have not done that, there has not been a whimper from the Member for Eagle River about applying the payroll tax to the fishery.

He pounds his chest about abolishing the school tax but he does not utter a word about the people in his district having to pay another 4 per cent personal income tax because of the minister's last Budget; you never hear him saying the poor Labradorians cannot afford that. He never ever says it, he never says it, I say to the member, but you know, we understand, you are dyed in the wool, just follow the leader, do not think for myself, blame it on others, do not take any responsibility yourself or this government, responsibility for anything. That is the attitude of the Member for Eagle River and others opposite. Follow the leader blindly; it does not matter that most of my district is unemployed, it does not matter that we have increased their personal income tax by 6 per cent since we came to power, it does not matter one bit.

All that matters is that they can go around, wave up the old thing and say: we abolished the school tax, but it does not stop there, what happens as a consequence of the abolishing of the school tax? That is the key, what happens because you abolish the school tax? Newfoundlanders and Labradorians are beginning to realize what has happened because you abolished the school tax; they did not like the school tax either, I have to be honest about that -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: No, they do not like any tax but neither do they like being hood-winked by the Premier and members opposite, who went around during the last election and all they said was we are going to abolish the school tax, and Newfoundlanders said: My God, great! Abolish the school tax, but never once said now once I abolish the school tax you are going to have to pay more tax or another tax, no one said that; all Newfoundlanders and Labradorians heard was: the school tax is going to be abolished, that is all they said. Little did they think that along would come Dr. Hubert and slap them with the taxes that he slap them with because he has abolished the school tax, no one thought of that, they know now.

They know now about the great promises of Clyde and others. Some of the members opposite had ads on the radio day after day. The Member for Burgeo - Bay d'Espoir, had it on the Marystown station every day. Abolish the school tax, every day, ads, ten and twelve, fifteen ads a day and of course, the other thing was -

AN HON. MEMBER: It did not work in your case.

MR. MATTHEWS: Oh it worked in my case. The school tax was not a factor in my district I will tell the minister. Most things were not a factor down there, only good representation, that is what mattered in my district. I remember the Member for Burgeo Bay d'Espoir, school tax and he was going to have the hydro centre kept or restored to Bay d'Espoir, that was his two big election planks -

MR. R. AYLWARD: Guaranteed.

MR. MATTHEWS: - that is guaranteed. We know what happened to the hydro centre, now we know what his people are paying in taxes, fifty/fifty. The Minister of Finance, can you imagine, for the people of this Province to have the fiscal matters of this Province in the hands of that Minister of Finance. They really must sleep well when they go to bed at night.

AN HON. MEMBER: (Inaudible), very popular.

MR. MATTHEWS: Yes, you are a very popular Minister of Finance, there is no doubt about that, you are very popular. Mr. Speaker, as I said, most of us agree with the abolition of the school tax, most of us agree with that -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: Now the Minister of Education should be quiet. Because he has been the biggest supporter of school tax this Province has ever seen. He and the Minister of Energy. Biggest supporters of school tax. I remember when the minister announced the abolition of the school tax. I thought the poor Minister of Energy was going to die in his seat. His nose went and knocked the wood. He turned pale, he got weak, he could not believe what he was hearing. Big supporters of school tax, both of them. Great supporters of school tax. The Ministers of Education and Energy. But reluctantly they have been brought around.

SOME HON. MEMBERS: (Inaudible).

MR. MATTHEWS: The Minister of Education has given more lectures supporting school tax -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: Double-daylight savings time. Now, Mr. Speaker, you talk about relevancy. What does that have to do with school tax? The government would have probably made more money on clock tax if it had stayed ahead.

MR. R. AYLWARD: It's a good thing we haven't got double-daylight savings time or he'd have it taxed.

MR. MATTHEWS: Yes, the Minister of Finance would tax the clocks, I would suspect. Because the only thing he hasn't taxed now is the time. Taxed everything else.

Once again though, what deceit. To convince Newfoundlanders and Labradorians that this infamous tax was gone, this poor, bad tax. That is all you will ever have to think about Newfoundlanders and Labradorians. Then to slap them with a 6 per cent increase in personal income tax, and that terrible, regressive payroll tax. That is what he has done, that Minister of Finance. If you want to talk about double-daylight savings time we will leave that for a more appropriate bill. Because I always want to be relevant. I never stray.

So that is the conclusion of my remarks on this school tax bill, Mr. Speaker. I do not know if any of my other colleagues want to have a few words about it. I know the Member for Humber Valley has some serious concerns about some of it, and the Member for Menihek is writing me notes now. It is time for me to sit down because he wants to have something to say. So we will wait and hear what he has to say about it.

MR. SPEAKER: The hon. the Member for Humber Valley.

MR. WOODFORD: Thank you, Mr. Speaker. Just a few comments. I wasn't going to have anything to say, but based on a few of the comments coming from the other side of the House I have no choice but to say a few words.

A couple of questions to the Minister of Finance with regards to Section 5(2), and the "...collection of school tax under this Act including the power to remit interest and penalties." I wonder would the minister inform the House of what the amount of interest is going to be and what the penalties are. Because from what I can understand now officials in the Department of Finance are going to do the collecting for the backlog in the school tax. That is going to be very interesting because the inspectors now in the Department of Finance haven't even got time to go around checking for the RST. Haven't got time.

All the taxes around the Province today, businesses closing. Because they haven't paid the RST, they are foreclosing and forcing them into bankruptcy. What are the collectors going to do as of July 1 when they start knocking on doors in this Province trying to collect the school tax that has not already been paid? Can you imagine?

I never did like the school tax, to be honest with you, I will say it here today.

SOME HON. MEMBERS: Hear, hear!

MR. WOODFORD: Let me finish, Mr. Speaker. There was always a way, but no matter what had to done, no matter what way you looked at it, if members would listen, there had to be something else put in place, another tax to take its place. So it is still there, but by another name.

I can assure you, when the tax collectors from the minister's department start going around knocking on doors in this Province after July 1, we could not pay - you would never get enough money to pay, in a campaign - for the damage that is going to do to this administration; unless they do not do it; and I have my doubts, if I come back here next year and ask how much the minister collected - because when they start knocking on doors in Sop's Arm and Pollards Point and Deer Lake, today when there is 40 per cent unemployment out there, eighty in some places, I can tell you, you think it is not going to be good for this laddie. When election time comes, I will not even have to spend any money on advertising, because as soon as you knock on the door and tell them you are from the tax department, look out - and who sent them? Clyde.

That is going to happen, as sure as I am standing here today, if the minister and the administration keep their word, that they are going to collect all the school taxes, the back taxes, as of July 1. The School Tax Authority could not get it. They got some by going to court, but Mr. Man, when the Department of Finance, directly tied to government - at least they could blame it on the School Tax Authorities before - now when they knock on the door, it is directly tied to the Liberal government.

I just caution the minister. It is going to be very interesting to see how much he is going to collect.

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: That is what I am saying. It is not going to be enforced. I would venture to bet that come this time next year, 90 per cent of the taxes owed today to the School Tax Authorities of this Province will not be collected - will not be collected. If they do - I hope they do. I hope they try, at least.

Let me make another comment, because it is very disturbing when you hear, especially ministers; and it is not so bad I suppose, backbenchers, because they are not sitting around the Cabinet table; therefore they do not really have any influence with regard to policy. I can understand from some of the comments that it is going to be a long time before they ever sit around the Cabinet table.

When I heard a comment from Eagle River, saying those who can afford to pay should pay - the Minister of Finance - those who can afford to pay should pay.

Do members opposite realize, I wonder, today? I know there is one member over there who realizes. He realizes all too well that businesses today in this Province, those that are still alive, those that still have their doors open, and those who can still make the payroll Friday evenings -

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: If the minister would hear me out, I am sure that his colleagues around the Cabinet table - I can see now some of the comments being made. They must just shudder at the wonderful ideas coming from the Minister of Finance. I can imagine. I certainly would not want to have him involved in any business; but what is going to happen, business people have to pay regardless.

How many businesses in this Province today are making a profit? Very few. How many businesses have to pay this school tax? They pay it, regardless of if they make a cent or not. Right? They pay it. The Member for Baie Verte knows what I am talking about, and there are other members in the House who know it. The Member for Port de Grave knows exactly what I am talking about. Regardless of what they do, or what they do about machinery or anything else, they have to pay that tax, supposing they never make a cent. It is paid on gross - not net.

I think that members opposite should realize, especially today where businesspeople in this Province are just struggling, and who do we expect to keep the people employed in this Province today? If it is not government, it has to be the businessperson in this

Province, and, Mr. Speaker, they are hurting. They are hurting and by this time next year they are going to be hurting more because regardless of what the bottom line is, whether it is black or whether it is red, they have to pay that business tax and that is where it is going to hurt, so I say to members opposite, at least, something they could do, is take a look at businesses in the Province with regards to the implication of this particular tax.

The other question I would like to ask the Minister of Education, I asked him last fall on this particular question pertaining to school tax and I must say I thought he was sincere with me then and probably he still is, I just did not get an answer. On the amount of taxes that would be paid to school boards in other parts of the Province now, would it be equal regardless of what it is? I think you said at that time that it was 400 and some odd dollars paid to a school board in here versus $150 or $180 in other parts, would it be uniform and level it up all over the Province, levelling it up with St. John's where other areas will see a benefit and a substantial benefit?

AN HON. MEMBER: All areas would benefit, (inaudible).

MR. WOODFORD: Well, if that is the case, as I said to the minister then, if other areas of the Province benefit, Mr. Speaker, that is the only positive thing that I see in this particular school tax bill - that other areas of the Province will benefit because it will go directly to the school boards, but based on the business tax and based on the methods of collection of the school tax, pertaining to the individuals in this Province, Mr. Speaker, then I think that this is going to be a regressive act, and I say to members opposite, that they should certainly do something and take a second look at the business part of this particular bill.

MR. SPEAKER: The hon. the Member for Burin - Placentia West.

MR. TOBIN: I would like to serve notice, in case anyone in the House does not want to stay around for half an hour when I am speaking, they can leave, but in case they want to stay and listen, they may do that as well. But I want to have a few words to say on this piece of legislation because I think it is regrettable, some of the proposals that the Minister of Finance has made. As I understand this piece of legislation, and I stand to be corrected, the government will sell off all the assets of the school board -

AN HON. MEMBER: What?

MR. TOBIN: - for example the school board -

MR. MATTHEWS: No, The School Tax Authority.

MR. TOBIN: - the School Tax Authority on the Burin Peninsula will be sold by public auction as I understand it, will revert to the Crown, and I will ask the Minister of Finance, Mr. Speaker, instead of talking to the old laughing jack, if he will listen to this. It is my understanding and I would like him to address it when he gets up, that the assets of the School Tax Authority will revert to the Crown and then they will be sold by public auction or disposed - okay, disposed of through public auction, but at the end of the day, that money from the disposal of these assets will revert to the general revenue of the government. Now, I think that is wrong.

If I may take the School Tax Authority for the Burin Peninsula, I think the assets that are sold, the money for that should be divided between the school boards on the Burin Peninsula rather than revert to the general revenue of the Province -

AN HON. MEMBER: (Inaudible).

MR. TOBIN: They what?

AN HON. MEMBER: The school boards will get extra money.

MR. TOBIN: The boards will get extra money. We will see the extra money that they are going to get. We have just seen the way that you attacked the special needs children in this Province in terms of extra money. You put a $5 million cap on student assistants and then sent a couple of your employees around the Province to find out how to re-allocate. You got up this evening and spewed out a few notes and figures but you didn't talk about Lab West, the Burin Peninsula, the West Coast, or other parts of the Province. You told the House this evening, I don't know if you realised it or not, that you are not worthy to be the Minister of Education, because you have schools in this Province that do not have student assistants.

MR. FLIGHT: They will next year though.

MR. TOBIN: They will next year?

MR. FLIGHT: They tell you they will next year.

MR. TOBIN: At the expense of whom?

MR. FLIGHT: I tell you, they will have them.

MR. TOBIN: At the expense of Lab West, the Burin Peninsula, the West Coast and other parts of the Province. Are you going to tell me that it is in the best interest of this government and this Province that you take away from physically disabled or other special needs children in this Province and give to other areas. Sure, they need it in other areas. But you should give it to them not by taking away but, as my colleague from Menihek pointed out the other day, by levelling up, not levelling down. That's what is happening.

AN HON. MEMBER: (Inaudible).

MR. TOBIN: Yes, you should, too, after what you said the other day about student assistants in this Province, and it is recorded in Hansard. I can tell you that what you said about student assistants has been circulated in my district and in other parts of the Province. The Minister of Employment would not let me speak today on behalf of the teachers, the students, the special needs children and the parents of these children. That, too, will be on the fax machine tomorrow to the various schools in my district.

This Minister of Education is going to take the money from the assets of the school boards and send it around the Province, not Mr. Speaker, give it to the school boards from the school tax authority. The President of Treasury Board would be better off listening to what is being said in this debate rather than reading Trudeau's book.

SOME HON. MEMBERS: Oh, oh!

MR. TOBIN: Mr. Speaker, I will speak. I have a half hour to speak. I told you when you got up if you didn't like what I was going to say, you could leave. Some of the people who don't like what I am going to say are people who don't stand in this House and get involved in debates. As a matter of fact, a constituent came to me and my colleague this evening and asked if her member has ever spoken in the House of Assembly.

SOME HON. MEMBERS: (Inaudible).

MR. TOBIN: Yes. As a matter of fact, Mr. Speaker, I said: 'He is better off not speaking, because there is a good chance he could end up like the Minister of Forestry.

AN HON. MEMBER: Who are you talking about?

MR. TOBIN: You know who I'm talking about.

AN HON. MEMBER: You're not talking about me.

MR. TOBIN: No, no.

Mr. Speaker, to get back to this bill again, I ask the Minister of Finance, will he reconsider what he is going to do with the funding from these assets? Will he consider putting it into the school boards of the various areas that are covered, rather than put it into general revenue? What is happening is that the Minister of Education is stripping the education department of this Province, he is attacking the schools, he is attacking the teachers, he has continued to attack the special needs student. He will go down in history as being the worst Minister of Education that this Province has ever had; he will also go down in history as being the man who made the most money by doing studies in this Province.

Mr. Speaker, I know he gets a pension from the University - I am wondering if he gets a pension from studies? - he did that many in this Province. And now he is here denying everything that a teacher or a student or a parent could dream of in the education system. Things they took for granted when we were in government, this Minister of Education is now stripping the schools of them, and I find it sad to see teachers opposite, people like the Minister of Employment and Labour Relations, the Member for Carbonear, the Member for St. George's, and the Member for Fortune - Hermitage - I shouldn't say the Member for Fortune - Hermitage because I know the Member for Fortune - Hermitage and the Minister of Mines and Energy, were opposed to the government stripping the School Tax Authority and putting in place a higher burden of taxation.

MR. MATTHEWS: That's right, so they were.

MR. TOBIN: I know that both of these gentlemen were opposed to what has taken place here. And I know that the Member for Fortune - Hermitage is not at all excited about the fish plants in his district, the small fish plants that are probably going to be taxed into closure by this government for replacement of the school tax, and that will result with people not having the money to be able to pay the bit of money they were paying. The Member for Fortune - Hermitage is not at all excited about the fact that the plant in Harbour Breton and all these other places will be taxed to the hilt, no wonder, the Member for Carbonear cannot be excited about all the small fish plants in his district, or the Member for Port de Grave, that will be taxed into closure.

AN HON. MEMBER: (Inaudible).

MR. TOBIN: I wouldn't be surprised.

SOME HON. MEMBERS: Oh, oh!

MR. TOBIN: Mr. Speaker, they are closed and can't afford to open, that's what is going on in this Province.

SOME HON. MEMBERS: Oh, oh!

MR. TOBIN: I tell you, I don't have to take any lessons from the Member for Port de Grave or anyone over there as it relates to fisheries in this Province, I can tell them that, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. TOBIN: What is going on in this Province today relating to the fisheries is sad. You have a government and a Minister of Fisheries who take no responsibility whatsoever. You have a group of men and one woman who sat around the Cabinet table and decided to impose a business tax to replace the school tax, on the fish plants, on the men and women who work in the fish plants in this Province. The Member for Port de Grave should talk about the fisheries in this Province when the very government that he sits in the back benches and supports, have put a tax on the fish plant workers in the fish plants and on the fish in this Province; the first government that has taxed fish, the first government that has put a tax on fish is this government here.

When was there ever a payroll tax on the small fish plants in this Province before? When? We all know the problems the small fish plants, in particular, have, and yet, you sit over there and you will support this piece of legislation that will tax the small fish plants; tax the fish, tax the men and women. I can hear them all attacking Crosbie and everything else but I don't hear the Member for Port de Grave or Carbonear or Eagle River or anywhere else, talk about the government taxing the fish plants in this Province that are having a job to survive; that's what is taking place. And you have a Minister of Finance who has about as much compassion as the Minister of Education, and that is none. That is what you have.

MR. EFFORD: You have nine fish plants (inaudible).

MR. TOBIN: What is that?

MR. EFFORD: Nine fish plant owners out in my district (inaudible).

AN HON. MEMBER: So what? You should put them on the agricultural board.

MR. TOBIN: So what? Put them on the board. That is right. Why don't you put them on the agricultural board, like the Minister of Forestry did with one of his buddies?

MR. R. AYLWARD: You get your way paid back and forth then.

MR. TOBIN: That is right. Put them on boards and fly them back and forth.

MR. MATTHEWS: For meetings.

MR. TOBIN: That's what is taking place in this Province. Probably they will be.

Mr. Speaker, I am going to clue up in the next few minutes.

MR. DUMARESQUE: Clue up. You are clueless, anyway.

MR. TOBIN: It wasn't I, Sir, it was the Premier of this Province who said you lacked the maturity to become a - it was the Premier of this Province, not I, who called you a fool. It was the Premier of this Province, not I, who said you were immature, that you lacked maturity, that you were childish. You should not be worried by what we said, you should worry about what the Premier said.

Ed Roberts said the other day: I am running in Naskaupi because the Premier wants leadership and Cabinet material in Labrador.

AN HON. MEMBER: What a slap in the jaw!

MR. TOBIN: What a vote in the confidence of the Member for Eagle River! If I were the Member for Eagle River, I wouldn't shout across this House, because too many arrows can be shot back, not what we said but what the Premier said and what the unelected member has been saying.

I will, in conclusion, say that the education system in this Province is in desperate shape. It is in sad shape, and I honestly and sincerely believe that under the Minister of Finance, and under the Minister of Education, they are in for rougher times. Until such time as the Premier kicks both of those men totally out of Cabinet - because I do not think they should be in either position -but until such time as the Premier kicks both of them out of Cabinet, then they are in sad shape.

The only thing is, if they have to keep them in Cabinet until 'Danny' matures, then they might be there until the next election.

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

MR. WINSOR: I have a few words to say on this bill. Like most of my colleagues, I want to say, it was an act to abolish school tax, but it was the only tax that was ever abolished and was replaced with one that was even more severe. I don't know how we abolished it. A rose by any other name is still a rose.

Mr. Speaker, I want the Minister of Finance to answer a couple of questions when he gets up to conclude his speech. I want to ask the Minister of Finance: How many of the present school tax authorities own the property that they now have, and how many are rented? So what are the assets of the buildings when they are going to be sold? I am sure the minister has checked into that. He knows what the assets are.

In my case, in the Gander one, they are in rented properties. The only assets they would have would be the value of the equipment they have inside. I am sure that somewhere in the Province there is a school tax authority that owns the property. The minister should know what the value is.

The Minister of Education has given some indication that the money is going to go back into education. The Minister of Finance says, 'no'. They cannot get their act together today to determine who is going to get the money, so I would like for the minister to answer that question.

I would like for him also to tell us today, in approximate figures, what is the value of the unpaid school tax in this Province? The minister should know that, because it could be - and is - a substantial amount of money that is owing. If it is collected, will that go back into the school system this year? Thirdly, Mr. Speaker, I want to know about the exemption level. What is the exemption level for this year? Is it still at $7,000 or thereabouts? How can it be determined when the... is it $3,500 for half a year? Or are these people who are now liable for taxes, who do not know at this point in time if they are going to have to pay, and come December 31, and they discover they have made $7,100, are they now going to be liable for $125 or $150, or whatever it is? Because the minister had said that if they do not pay by June 30 they are going to be liable for the full year. People need to know that.

The minister fails to address the fact that many of the people in this Province pay school tax through payroll deduction. They have not started work yet. They have not been able to afford to pay tax so far this year. It has been pretty tough out there. If you have to pay that school tax based on what you get in UI, it has been mighty tough. But many of them have paid it through payroll deduction, fifteen, twenty dollars a month, for the four or five months that they worked seasonally. Is the minister now saying that they are not going to be allowed to do that this year, and they are going to have to pay $120?

I think it is time for the minister to tell the people how he is going to correct these anomalies that are in this Bill that require people to pay a year's tax if they are not paid up by June 30. That provision, 9(2), should be stricken out of the Bill. It is not fair. Because there are a number of people who cannot afford to pay sixty-five dollars now. They cannot afford to pay two dollars. They might be able to pay it when they get back to work in July, August or September, but they cannot afford it now. Yet this Bill says that they are going to be liable for double the amount that they normally would be, plus they are going to have to pay 2 per cent on their income tax for the entire year.

Now, Mr. Speaker, that's wrong. The Minister of Finance should correct this. When it gets to the Committee of the Whole I would like to see the minister change 9(2) to make it reflect what it actually should be.

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

MR. A. SNOW: Thank you, Mr. Speaker. I just want to have a few words on this Bill, the infamous Bill 28, "An Act To Abolish School Tax Authorities And To Provide For The Collection Of Unpaid School Tax." I just want to have a few words to say concerning the school tax, this particular Bill being proposed by the Minister of Finance, who suggested that he only had three options when he considered what to do with the problems associated with drawing up the Budget of this Province. Those three options being: one, to borrow; two, to increase the deficit; or, three, decrease services. There was a fourth option which he fails to mention, and we have all heard of what other administrations are doing. That is, to be a little more creative and imaginative in presenting a budget. You do not necessarily have to raise taxes to collect more money.

SOME HON. MEMBERS: (Inaudible).

MR. A. SNOW: By creating more economic opportunities out there so that it creates more investment, more employment. That is how you create more wealth in a province. But, Mr. Speaker, that is something different that this administration has not looked at.

The people in western Labrador are upset about - they recognise that the government, any government, any level of government needs money to deliver services and they have always paid for services in Western Labrador, they have always paid more than anybody else in this Province for their services. They always paid more and in education, Mr. Speaker, we had the best education system in this Province by far, but, we paid for it. We paid locally through a dedicated tax in the school through the School Tax Authorities or we paid through contributions through the mining companies, the Iron Ore Company of Canada and Wabush mines that contributed to the local school boards or through the local School Tax Authorities, and they got their money, Mr. Speaker, by the wealth that was created by the miners. That is how they got their money.That is how they got their money, by the wealth created by the individuals living there and sending their children to school.

Mr. Speaker, we see that what they have done now, is abolish the school tax, this regime has abolished the school tax and come in with this so called high school tax. They have a higher tax. I have constituents of mine who are now paying as much as $400, $500, $600 more in school tax because of what this Minister of Finance has imposed upon them.

AN HON. MEMBER: Not true (inaudible).

MR. A. SNOW: They are making almost as much money as the Minister of Finance, -

AN HON. MEMBER: With his pension or without?

MR. A. SNOW: - and, Mr. Speaker, they are not pensioned; they are not pensioned. Now, Mr. Speaker, what disappoints them, is not so much the paying of the taxes, what disappoints them is that his seatmate, his buddy, cut back the services. Before, when they paid their school taxes, it was a dedicated tax and spent in Western Labrador; now we see what did they do? His Minister of Education cuts the services, the Minister of Finance takes the money, and the Minister of Works, Services and Transportation cuts his office and what did they do? they all buy themselves a car each every year, that is what they do and cut back services in Western Labrador, they take the money out of Western Labrador and cut back services. Lay off teacher assistants, lay off school teachers -

SOME HON. MEMBERS: (Inaudible).

AN HON. MEMBER: They have to go to the Post Office.

MR. A. SNOW: Now, Mr. Speaker, a 4 per cent income tax increase drastically affects the amount of money a person has to pay in Western Labrador and they would agree I think, wholeheartedly to pay more if they thought they were getting more for their dollar, but they are going to get less now, teachers are going to be laid off because it is not a dedicated tax now other than dedicated to the pork barrelling that this crowd is going to do; that is the only thing that it is dedicated to now, Mr. Speaker, and of course, we have seen the payroll tax increased by one-half of 1 per cent on the mining companies and by 1 per cent imposition on other companies, with the threshold being lowered from $300,000 down to $100,000, so we see small businesses being hit even harder, small businesses -

AN HON. MEMBER: (Inaudible).

MR. A. SNOW: Mr. Speaker, yes, small businesses. Somebody mentioned to me the other day that they have a new idea at Enterprise Newfoundland about how to start a small business in Newfoundland and Labrador, a new program they are announcing shortly and the first thing is that you have to begin with a large business and when this crowd gets at them for a year, you will have a small business if you start with a large business.

AN HON. MEMBER: (Inaudible) twenty years (inaudible).

MR. A. SNOW: Well now you have finally bring it to fruition. You heard about it, now you are implementing the policy. But, Mr. Speaker, the other thing that is affective in School Tax Authorities, the abolition of the school tax, is the fact that senior citizens in Western Labrador used to get a 90 per cent tax rebate on their property tax brought in by the town councils in Labrador City and Wabush, lo and behold, that was a good measure. We felt that we did it because we wanted to keep more senior citizens in the area; now this regime saw fit to tax these people on their income.

Now, Mr. Speaker, that is tremendously unfair to these people who have contributed so much over their working lives to the education in general, and to all the services that are being provided by all levels of government. Now they are being hit in their senior years. They are being hit again with taxes in a school tax, by an increase in the abolition of the school tax, from which they were exempt before, and now they have to pay in income tax.

The abolition of the school tax, albeit I know that most people are not in favour of taxes, of any taxes, but the abolition of the school tax is to the detriment of education in Labrador West because we are going to end up, as residents of Western Labrador, having to pay more money and get less services.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member of Finance. If he speaks now he closes the debate.

SOME HON. MEMBERS: Hear, hear!

DR. KITCHEN: Mr. Speaker, thank you.

I want to just clear up one bit of misunderstanding around the floor here. That refers to my colleague, the hon. Minister of Education, and my other colleague, the hon. Minister of Mines and Energy, and the terrible accusations that have been hurled across the House, defaming these hon. men, saying they were opposed to the school tax.

Every member on this side bears marks - physical marks - of the ways these two members have forced us to pass the school tax. I want to pay tribute to these two hon. members tonight.

SOME HON. MEMBERS: Hear, hear!

DR. KITCHEN: For persuading us to abolish the school tax.

One question that came up during the debate had to do with the disposal of the fixed assets. Now the money that is realized from the fixed assets 'is' going to be distributed back to the school boards. Did you hear that? It is going to be distributed back, but it is going to be distributed back in a fairer way than if we had given each school board its own assets - the assets of its school tax authority.

SOME HON. MEMBERS: Hear, hear!

DR. KITCHEN: Because some school tax authorities have many assets, and some have few, so they are all going to come back into the consolidated revenue fund, and this will be used to level up the equalization that school boards give.

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Order, please!

DR. KITCHEN: Now what could be more fair than that? What the hon. members were proposing was that he who has, keeps, and he who has not, what odds? That is the same attitude they have been displaying with respect to the school tax, the fork like ??? mentality of the Member for Menihek who says, we have a great school system here. We have all kinds of money that we are going to put into it, and the rest of you fellows, forget it.

That is not what this Province is about. This Province is about sharing. He who has shares with he who has not. That is what this party believes in, and that is what we are going to go through.

That is why we have abolished this terrible tax about which the Tories are so proud, and if they get reelected, I suppose it is possible, theoretically, to think about it, but I guarantee you, if they campaign on the reinstatement of the school tax, they are going to have a hard job in this Province.

Mr. Speaker, I move second reading.

On motion, a bill, "An Act To Abolish School Tax Authorities And To Provide For The Collection Of Unpaid School Tax" read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill No. 28).

MR. BAKER: Order 18.

Motion, second reading of a bill, "An Act To Amend Certain Taxation Statutes In Relation To The Payment Or Imposition Of Interest." (Bill No. 29).

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

DR. KITCHEN: Mr. Speaker, this is a routine bill which I think all hon. members will support.

What we are doing here, a number of the taxation acts have written in them certain rules about the imposition of interest. This came up largely because under the Retail Sales Tax Act we had to charge 1.5 per cent per month compound interest on overdue accounts. This was imposing tremendous hardship on some businesses who thought that they were up to date. We audited them and found out that they, for some reason or other, forgot to include a piece of equipment or pay tax on it some years ago. When the interest was cumulated at 1.5 per cent a month - which works out to be about 20 per cent a year - this imposed a tremendous burden - and we were powerless to change it unless we changed the Act.

So this is the impetus for that, to change the Act, so that the Cabinet could have the power to lower the tax as interest rates went up and down, and so on. So that is mainly the purpose. While we were at it we looked at all the other taxes and said: why don't we have some sort of a similar policy across all our tax acts?

Basically, that is what this Bill is all about, to enable the government to adjust the tax rates without having to come before the House every time that a bill changed. As interest rates go down we want to be able to keep - they have to be higher than the regular interest rate, because we do not want to, say, borrow from the government instead of borrowing from the banks. We do not want to get into that. But we do not want to punish businesses because of an inordinately high tax rate that we are powerless to change.

That is basically what we are doing in Bill 29, Mr. Speaker. Thank you.

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

MR. MATTHEWS: Thank you, Mr. Speaker. Just listening to the minister, he is talking about government being able to reduce the amount of interest as interest rates fluctuate or increase accordingly. That is for someone who owes government money, right? What about the provision where - I do not know if it happens on any occasion, but I am sure it has happened and probably continues to happen - where someone overpays, unknowingly. It does happen. I see the Member for Bellevue smiling and grinning a bit over there. But it has happened on occasion. I think it happens perhaps more often than members realise. What is the provision there? Will the government then pay back with interest as well? Under the same formula? That is just the question that I have on it.

MR. SPEAKER: The hon. the Minister of Finance if he speaks now will close the debate.

DR. KITCHEN: Mr. Speaker, on page 5 here of the Bill, Section 37(1) reads: "Where a corporation pays to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that corporation the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations." So there is that -

AN HON. MEMBER: (Inaudible).

DR. KITCHEN: "May," yes. The intention is to pay a rate of interest. It will not be the punitive rate of one point whatever it is per cent that we will be charging, but it will be a fair amount.

On motion, a bill, "An Act To Amend Certain Taxation Statutes In Relation To The Payment Or Imposition Of Interest," read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill No. 29).

MR. BAKER: Order 19, Mr. Speaker.

MR. SPEAKER: Order 19.

Motion, second reading of a bill, "An Act Respecting The Application And Effect Of Certain Acts Passed In The Present Session Of The Legislature Upon The Revised Statutes Of Newfoundland, 1990". (Bill No. 27).

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Thank you, Mr. Speaker. This is purely a matter of form. Where the revised statutes are now in place and have been printed, and a statement was made about this sometime in the last couple of weeks. This Bill simply indicates that there are certain acts that have been passed that have involved amendments and changes that now we are saying apply to the revised statutes of 1990. This would not have been included in the bills themselves when we went through them, so it is simply to make legislation that we have passed in the last year applied to the revised statutes that is all. It is a matter of form.

On motion, a bill," An Act Respecting The Application And Effect Of Certain Acts Passed In The Present Session Of The Legislature Upon The Revised Statutes Of Newfoundland, 1990", (Bill No. 27), read a second time, ordered referred to a Committee of the Whole House on tomorrow.

MR. BAKER: Order 22, Mr. Speaker.

Motion, second reading of a bill, "An Act To Amend The Liquor Control Act, 1973 and The Liquor Corporation Act, 1973", (Bill No. 34).

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

DR. KITCHEN: Thank you, Mr. Speaker.

The purpose of this bill is to merge the two organizations, the Newfoundland Liquor Licensing Board with the Newfoundland Liquor Corporation. What is proposed is that the Liquor Corporation look after all the administration of the Liquor Licensing Board and the employees would be the employees of the Newfoundland Liquor Corporation, but there would be a board for the Newfoundland Liquor Corporation which basically is a business board interested in running the affairs of the corporation, the importation and the sale of liquor and so on, and the Liquor Licensing Board which looks after the establishment of licenses to sell alcoholic liquors and so on, that that board would be separate, and we want that separate because they have a very distinct and precise function, but we want the savings that we will accrue by having the administration of the two boards done by the one organization.

This is basically a fund saving measure, it is a cost-cutting measure that we introduced last year and we are now putting the legislation together to merge the two organizations, keeping separate the two boards. The only connection between the two boards is that the President of the Newfoundland Liquor Corporation will also be the Chairman of the Liquor Licensing Board, but the members would be different. I think that should do for now, Mr. Speaker. Thank you.

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

MR. R. AYLWARD: I just want to raise the concerns that I raised before in the Budget Speech when this was mentioned. I know the minister is trying to convince us that this will be an administrative amalgamation, but when you have the Chairman of the Marketing Agency of the Liquor Corporation, whose duty it is to market as much liquor as he can in the Province, that is what he has to do, that is his job, to market liquor and raise taxes for the minister, and then you have the same person, as Chairman of the Liquor Licensing Board, who has to control the amount of liquor outlets that are in the Province, nothing that can come out of that except a direct conflict of interest.

I do not see how the minister can say that there will not be a direct conflict of interest in having the chairperson of both boards the same person, because they both have very distinct, almost opposite and probably opposite duties. If I am a marketer, if I am the head of the Newfoundland Liquor Corporation and it is my job to sell as much of my product as I can, well that is certainly a very clear and distinct function from me, as Chairman of the Liquor Licensing Board who has to put the reins on where the establishments are, who has to set or enforce the rules that govern the establishments that are around the Province, and who does and does not get licensed, and where they do and do not go.

Mr. Speaker, a prime example of this has already happened in this Province. It seemed to be sloughed off at the time by the minister. But there was a beer selling license issued to a person in Labrador, in North West River. This shows an example that somebody wanted to sell beer in North West River. The Liquor Corporation wanted to sell beer, allowed the sale of beer in North West River. Then it was arranged, or somehow that person got a license to sell beer. Then when the liquor regulation side of it came into force and they found out, for some reason or other, we are not sure, probably political interference, but we are not sure, that someone complained that the liquor was being sold in North West River in this convenience store, the license was pulled.

Now I say that this is going to be the rule rather than the exception in the future, when you have both boards operated and chaired by the same person. This could happen any time at all from now on. I just want to raise the concern. I am not going to prolong the debate.

But we will be keeping an eye on it. I suggest to the minister - because I do not think he is doing this purposefully to create that conflict - but I say to the minister that he should keep close tabs on it for the short time that he will be minister in charge of this Liquor Licensing Board. He has another few months, but he should watch it. Because when I get in there after the next election I will be going over this very carefully to see that there were no conflicts of interest. Thank you, Mr. Speaker.

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

If the Minister speaks now he will close the debate.

DR. KITCHEN: Thank you, Mr. Speaker, the hon. member does raise a point that bears thinking about. We are watching the situation carefully. So far there hasn't been a real problem with the chairman being the same person on each of the two boards. The members of the boards are different and they are in the majority. We may have up to four other members on the Liquor Licensing Board and I think it is five or six on the Liquor corporation. The chairman is the common element to keep it together.

I see at the moment no problem there. If this conflict does become a problem then we will have to change the legislation. We will be watching it very carefully. I do not foresee it as a problem. Because the people of the Liquor Corporation, we do tell them how much revenue to raise, and it is true, they want to raise revenues, but increasing the number of liquor outlets is not always the way to increase revenues. But there is no doubt about it, that these two functions must be well performed. We do have to restrain or to handle the sale of alcohol in a very responsible way, there is no doubt about that. The wishes of the communities have to be taken into account when we decide whether we are going to establish a new liquor establishment or a lounge or even a retail outlet. The thing has to be considered whether this is in the public interest for this to happen. In fact, I would like for the public to be involved even more than they are now in making these very serious decisions.

I am pleased with the way the Liquor Licensing Board has been operating. It must be realised that there are well over 1,000 lounges and well over 1,000 retail establishments selling, and a variety of special events. So that the number of establishments to be regulated are quite large in number. Once in a while something slips through, I'm sure, but it does not happen too often. In fact, I am very pleased with the way the Liquor Licensing Board has been operating. Hopefully they will continue in that way. But if anything does occur that leads us to think that there would be a conflict then we will have to change that. But I do not think, Mr. Speaker, that will happen if we are all careful. Thank you.

On motion, a bill, "An Act To Amend The Liquor Control Act, 1973 And The Liquor Corporation Act, 1973," read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill No. 34).

MR. BAKER: Order 24, Mr. Speaker.

Motion, second reading of a bill, "An Act To Amend The Election Act Respecting The Holding Of A Plebiscite In The Province". (Bill No. 36).

MR. SPEAKER: The hon. the President of Treasury Board.

MR. BAKER: Thank you, Mr. Speaker. This Bill is exactly the same as a debate we had a little earlier about the new Elections Act, in terms of the amendments to that particular Act. At that point in time I pointed out that the possibility of plebiscites, especially a plebiscite on the constitutional question, is a likelihood, and that we wanted to make allowances in our legislation for the holding of such a plebiscite, not knowing the complete nature of it. It is not a very detailed amendment. However, we have gotten through the second reading stage, the committee stage in terms of the Elections Act, and we need to make the same amendment to the old Elections Act, because the new Elections Act will be proclaimed at a point in time where we are confident that the act can be carried out. As members know, there is a little bit of work that has to be done by the chief electoral officer, whoever he or she may end up being, and the staff before we can be assured that that particular procedure could work.

In the meantime, Mr. Speaker, any elections or any plebiscites will be held under our current Elections Act as the by-elections now going on are being held under the current Elections Act. As a matter of fact, it was only a couple of days ago they signed a proclamation for special polls. We are still operating under the old Elections Act and the special polls. So, Mr. Speaker, we find it necessary to amend the old Elections Act in case something may happen in the next five or six months, which it probably will, that requires the holding of a plebiscite. We want to cover all the bases. So this amendment is exactly the same as the one we previously discussed.

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

MR. R. AYLWARD: Thank you very much, Mr. Speaker.

I see now why the President of Treasury Board was not willing to accept any changes in The Elections Act to accommodate, particularly, the students of this Province, because I don't expect they have any intention whatsoever of proclaiming The Elections Act. This is the reason why they have to bring this bill forward now, Mr. Speaker. I don't know when this appeared on the Order Paper or when it was distributed, Mr. Speaker, but it was after our debates the other day on The Elections Act.

Mr. Speaker, this act to amend our present Elections Act to allow the Cabinet of this Province to dictate exactly when we will have plebiscites, what the question will be, how much money can be spent on the plebiscite and who can participate in the plebiscite, that is what this bill will allow the Cabinet of this Province to do, Mr. Speaker. I must say that I completely, utterly and wholeheartedly disagree with allowing the Cabinet of this Province to make such decisions.

Mr. Speaker, if there is a need for a plebiscite to be called quickly in this Province, I would rather see some provision in this Elections Act for the House of Assembly to be called back immediately to set the rules or, at least, to approve the rules that were set by the Cabinet of this Province. Mr. Speaker, even if there was limited debate in this act I would agree with it, or agree with is more, at least, even if the debate was limited and mentioned in this act.

Mr. Speaker, I have no confidence whatsoever that the Cabinet of this Province will prepare a proper question and make the proper rules to carry out a plebiscite in this Province. The main reason I say that, Mr. Speaker, is because we saw what happened to our little plebiscite on Meech Lake in this Legislature. When it was obvious that the Premier was going to have trouble winning the vote, Mr. Speaker, the vote was cancelled. I would expect that if we are about to have a plebiscite in this Province and the Premier has his question on the plebiscite and feels he is going to lose it, he will again come up with some reason to cancel the plebiscite.

Mr. Speaker, it is much too important a question, much to important an issue, especially the Constitution that will be discussed, to allow the Cabinet of this Province the right to set the rules or the right to call off or start up a plebiscite whenever they wish. The minimum at least should be that the House of Assembly be recalled to approve, if not set, the rules that will be set down to govern a plebiscite in this Province.

Mr. Speaker, with those few words, that is it for me.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker.

We expressed some concerns about this, as hon. members will know, yesterday in the House. The Member for Humber East, particularly in Question Period, asked some questions really of the government on this issue of the plebiscite provision. We do have concerns about the power that Cabinet will give itself pertaining to the operations of a plebiscite in the Province. That is one concern that we have.

The other thing is, and the Member for Kilbride has alluded to it, why would Cabinet want to give itself the authority to - in Section 172 of the bill it says: The Lieutenant Governor in Council, which in essence is Cabinet, may at any time before the day on which the plebiscite is to be held - it could be the very day before the vote - why would Cabinet want to give itself the authority to cancel the plebiscite? That is a question that I would like to have explained. I do not fully understand it. Why would you go through the whole process of a plebiscite, the number of days, whatever it would be - I suppose perhaps the same length of time as a provincial election, but perhaps it would not have to necessarily be the same duration. It could be two weeks, three weeks, a month -

MR. TOBIN: Because there a bunch of dictators.

MR. MATTHEWS: Well maybe that is what the government is gearing up for. Perhaps now they are next to bringing in a piece of legislation - they tried to slip it through late in the session when people are tired and want to get things done. They will have one come in now that they may be able to, up to polling day of a general election, cancel the vote.

In a plebiscite in essence, you are asking the people of the Province to vote on a question, on an important issue to the people of the Province, and you pose a question. The Cabinet now will give themselves the authority, once this passes, that up to the day before the vote, the Premier of the Province can say: I am cancelling that now. We will not be voting tomorrow.

What is the reason for that? Can the President of Treasury Board, the Government House Leader, or someone else explain that? Why does Cabinet want all the powers that they are trying to get by amending this act, and by trying to incorporate this very provision into the new elections act? I do not fully follow the logic.

MR. R. AYLWARD: The same reason they cancelled the Meech Lake vote.

MR. MATTHEWS: Well it may be the same reason he cancelled the Meech Lake vote - maybe. He was in danger of losing that one. He knew it. The infamous Thursday, roll the dice. Well Clyde did not roll the dice. He did not have the vote. He decided he was not having the vote, and when old Elijah Harper put up the white feather and said, 'no', that was all he needed. I have had a few ideas since what Elijah Harper should have done with the feather, but I cannot say it here, because I am sure Your Honour would call me to order.

MR. R. AYLWARD: It could possibly be unparliamentary.

MR. MATTHEWS: What was that?

AN HON. MEMBER: It would not tickle his fancy.

MR. MATTHEWS: Well I am not saying whose fancy I would have liked for Elijah to tickle with the feather, but I think you all know who I am thinking about.

MR. TOBIN: Does she write books?

MR. MATTHEWS: No, it is not a her. It is a he.

These are the concerns that we have. We think the Cabinet is asking for extraordinary powers. I do not know what the members opposite think of it, but can you imagine being out and about in this Province with a plebiscite on for thirty days, or forty or forty-five days, and then the day before the vote someone announces there will not be a vote tomorrow; that the government of the Province, the Premier particularly and the Cabinet, has now decided that we are not now going to have a vote. A big news flash the night before the vote - it is now cancelled; all over; much ado about nothing. We have decided now that we will not have the vote.

What can be the reason for that, other than they want that provision in case the day before the vote the government suddenly realises that the question they proposed to the people, that the vote will not come back in the government's favour?

MR. R. AYLWARD: It could be a non-confidence vote, I guess.

MR. MATTHEWS: Well I ask the minister now, the minister sits in a Cabinet. The minister, I am sure, has had a look at this piece of legislation. I am sure he has. He has heard the reasons for this. Why do you want it, I say to the Minister of Municipal Affairs? Why would you want to go through the process of a plebiscite and then the day before cancel the vote? Can the Minister of Municipal Affairs answer me that one? Would the Minister of Municipal and Provincial Affairs like to go through the process in this Province of municipal elections for, say, November 23 for the 300-odd municipalities in this Province and, then, the day before the vote, put out an announcement saying: There will be no votes tomorrow. I say, there will be no votes tomorrow?

MR. HOGAN: That is not what that says.

MR. MATTHEWS: That is not what it says? Well, let me read for the minister what it says.

Section 172, Bill 36, "An Act To Amend The Elections Act Respecting The Holding Of A Plebiscite In The Province," put forward by the Hon. Edward Roberts, Minister of Justice, ordered to be printed by the hon. House of Assembly, the Cabinet really. Section 172, I say to the minister - he should refer to the bill, I am sure he has a copy of Bill 36 - "The Lieutenant Governor in Council may - the Lieutenant Governor in Council being the Cabinet - "at any time before the day on which the plebiscite is to be held, cancel the plebiscite." Does the minister understand that?

AN HON. MEMBER: (Inaudible) council meetings.

MR. MATTHEWS: Council meetings, but what we are doing is gearing the people of the Province up for or against the question of plebiscite put forward by the government and, up to the day before the vote, the Premier can announce to the Province that there will not be a vote. So, why would the Cabinet and the Premier want that authority, I am asking the minister?

MR. HOGAN: Why not?

MR. MATTHEWS: Why not! The minister cannot explain why they would want to have it, but he is saying why not. Now, can you imagine what we are witnessing here tonight, Mr. Speaker? A minister of the Crown, now. First of all he denied that it was in the act, denied that it was even there. He cannot tell me why he wants it there, as a minister of the Crown, but he just says: Why not? Now, doesn't it verify the criticism of this very, very government? The rest of them over there, in the front benches, don't know what is going on, don't know why certain things are being asked to be passed in this House, don't know what the implications are for the people of this Province. They just nod in approval. It is unbelievable that a minister of the Crown would make such statements on such an important issue.

MR. R. AYLWARD: Only one of them questioned him over there, ever. One fellow questioned him over there and he is in the backbenches.

MR. MATTHEWS: He is in the backbenches. One person questioned him.

MR. R. AYLWARD: Only one ever questioned him.

MR. MATTHEWS: And there will never be another question him.

MR. R. AYLWARD: No.

MR. MATTHEWS: No, because that member will never get another chance to question, not as a minister.

MR. R. AYLWARD: No, that is right.

MR. MATTHEWS: And the rest of them nod. Don't know where they are leading us, don't know what they are up to or where we are going. Unbelievable!

MR. WINSOR: The President of Treasury Board nods in agreement.

MR. MATTHEWS: The President of Treasury Board nods. So, when the President of Treasury Board, the Government House Leader, gets up, these are the concerns we have about this provision.

MR. HOGAN: This has nothing to do with municipal elections.

MR. MATTHEWS: No, I say to the minister, it has nothing to do with municipal elections, but I made a comparison, Mr. Speaker, that if on November 23, 1992 there were municipal elections scheduled in this Province and councillors out and about the Province were campaigning for three, four or five weeks out in their various municipalities and, the day before the vote, November 22, there came a decree from the Minister of Municipal and Provincial Affairs: I am sorry, people and potential councillors in this Province, I am cancelling the vote."

MR. HOGAN: (Inaudible).

MR. MATTHEWS: But this is what you will do with the plebiscite, I am telling the minister. I am drawing a comparison.

MR. HOGAN: (Inaudible) have to say.

MR. MATTHEWS: This is real, cancelling a plebiscite. So you think that is all right? You think that is okay? Why do you think that is okay?

AN HON. MEMBER: Because circumstances warrant it.

MR. MATTHEWS: Circumstances. What circumstances? That the Premier might get into his head the day before the vote to say this is not a good idea, people are going to reject my question, so I will cancel it. Is that why?

MR. NOEL: We could have a national referendum called.

MR. MATTHEWS: Yes, you could have a national referendum called. What would that have do with it?

MR. DUMARESQUE: (Inaudible).

MR. MATTHEWS: It is interesting to hear the Chairman of the Elections Committee back there being the authority when yesterday we went through Bill 1. I am going to tell you something, if I didn't know any more about that than the Chairman of the Committee did yesterday, I wouldn't be here now talking about this Elections Act amendment. He brought it in and didn't have a clue about it, Mr. Speaker, didn't have a clue.

I asked him the other day: Where did you get some of the things in the bill?

He said: from other provinces -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: No, you could not give me an answer because you did not know anything about it and you do not know what you have set yourself up for at the next general election, I say to the Member for Eagle River, the Chairman of the Committee, you do not know what you have set yourself and other members up for, here -

AN HON. MEMBER: (Inaudible)>

MR. MATTHEWS: Let me say to the Member for Eagle River, that we have won voice votes here, we have won them that have been overturned.

MR. HOGAN: (inaudible).

MR. MATTHEWS: Yes, what if? Well, if it is never going to happen, I say to the Minister of Municipal and Provincial Affairs, why do you want the provision? If you are so sure that it is never going to happen why are you asking for it, why do you want to give yourself, as a member of that Cabinet, that authority if it is never going to happen?

I have never seen a group of people who preach democracy, who want to put a question to the people of this Province -

MR. DUMARESQUE: Are you as stunned as you appear to be?

MR. MATTHEWS: Yes, I am stunder than I appear to be. Most people tell me I look smart, I say to the Member for Eagle River -

AN HON. MEMBER: What?

MR. MATTHEWS: Yes, most people tell me that I am pretty sharp and smart-looking. Now I do not know how bad their eyesight may be, I do not know, I say to the Member for Eagle River. But, it is amazing you know, I mean, the Member for Eagle River takes it so lightly because you see, when this is going on you will be down in your district, if you are still the member, pushing your side of the argument, and if you are somewhere that night and you are watching Here and Now, you will hear the big announcement by the Premier that tomorrow: come home Danny, come back to St. John's because there is going to be no vote anyway.

MR. DUMARESQUE: No, he won't call me.

MR. MATTHEWS: No, no, no, he certainly won't say that on the television. I said, you will see it on Here and Now, he is not going to call you, we know that; he has good reasons for not calling you because he knows you are one of those who said those terrible things about him to the media.

MR. TOBIN: There are a lot of people in '82 who would like to cancel the vote too.

MR. MATTHEWS: Yes, a lot of people, but why, I cannot understand this, what is it all about? Why do they want the authority, can someone explain to me why you want that authority?

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: Sorry?

SOME HON. MEMBERS: (Inaudible).

MR. MATTHEWS: Yes, but at least we have a man in our caucus, I say to the minister, at least we have a man, so what is the question the minister the minister is asking.

AN HON. MEMBER: Constitution (inaudible).

MR. MATTHEWS: This is not a constitutional question, this is an amendment to the Elections Act, it is not a constitutional, it is an Elections Act amendment. Elections Act, not the Constitution, we know all about that; we know more about that than the hon. minister knows -

AN HON. MEMBER: (Inaudible).

MR. MATTHEWS: No, I am going to tell you something. When we are talking Constitution, if the Member for Pleasantville is one of this government's advisers on the Constitution, I say: By God in Heavens, she will soon be gone now; she will soon be gone now. It makes no wonder the Premier is on his way back from Brazil if Wally Noel is advising on behalf of the people of this Province on the Constitution. I mean, it is like the Member for Menihek said: It makes no wonder he is so hung up on Triple E because he thinks it is shoe widths; he thinks we are talking about the widths of shoes, for God's sake!

MR. R. AYLWARD: Triple E rubber boots, that is what they have.

MR. MATTHEWS: Triple E, yes, Triple E.

AN HON. MEMBER: (Inaudible) Rio?

MR. MATTHEWS: Pardon?

AN HON. MEMBER: (Inaudible) from Rio?

MR. MATTHEWS: We know who is on the way back from Rio and I am going to tell you something. You know what is amazing about it I say to the Minister of Forestry and Agriculture, that for the Premier of this Province to have to go to Rio to find out that this Province is falling apart. He had to go to Rio to find out and now he has to come back to attend to provincial matters. I say it is about time; I am glad he went to Brazil if he finally realize that. Blame it on Rio. Rio went down as part of the Canadian delegation -

MR. TOBIN: Same as Wells.

MR. MATTHEWS: Yes, - and after the Premier pouted and sulked enough, he was invited -

AN HON. MEMBER: No, (inaudible).

MR. MATTHEWS: No but after, after the Leader of the Opposition was invited; after, that is why he is down there and you know something? It was amazing last night. I watched the television last night, and if you did not know the difference you would think that the Premier invited John Crosbie down to Rio. That he allowed him to be down there with him. Can you imagine the arrogance? Make no wonder he's coming back. I am hoping the Government House Leader will get up now and tell me why the Premier wants that power? Why do you want it?

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: The hon. the President of Treasury Board.

If he speaks now he will close the debate.

MR. BAKER: Thank you, Mr. Speaker. Indeed, in this amendment, as in the amendment to the new Elections Act, there is a clause, Clause 172, which says: "The Lieutenant-Governor in Council may, at any time before the day on which the plebiscite is to be held, cancel the plebiscite."

Now I'm worried about that. I suppose if you had a suspicious and devious mind you might in fact come up with the idea that we could go around having plebiscites on all kinds of things, and if we felt the mood was going against the opinion of government that we could, at the last minute, do our own little poll and cancel it. I can see where there is some concern by members opposite. I too am concerned, very deeply concerned.

First of all, let me assure hon. members that the reason it is there is that in this particular instance there is a possibility that there could be a provincial plebiscite, and while that is on there is a possibility a federal plebiscite could be called on the same issue. If that is the case then we would want the possibility of simply cancelling the provincial plebiscite.

So that is the intent of this. I am very worried. I am worried about enacting a clause that is so broad that could be misused. I think, perhaps sometime in the next twenty years, when we see that there is a possibility of being replaced by a government that may be devious, and may have ulterior motives, that at that point in time I think maybe we should do another amendment. I am worried for that reason. If members opposite got control of government and had something like that there, I am afraid they would use it to the hilt.

So I will assure hon. members of two things. Firstly, that we will never use it in that way; secondly, that before there is an indication sometime in the next twenty to thirty years there may be a change in government, that we will then come to the House and close that loophole, Mr. Speaker.

On motion, a bill, "An Act To Amend The Election Act Respecting The Holding Of A Plebiscite In The Province," read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill No. 36).

MR. BAKER: Order 14, Mr. Speaker.

Motion, second reading of a bill, "An Act To Amend The Provincial Parks Act". (Bill No. 23).

MR. SPEAKER: The hon. the Minister of Forestry and Agriculture.

MR. FLIGHT: Mr. Speaker, I am privileged to help pilot this particular amendment through on behalf of the Minister of Environment and Lands, who is out doing work on behalf of the government. It is a very simple amendment. The previous government, as a matter of fact, talked about this. Talked about permitting private initiatives into our parks. Private initiatives such as bumper boat concessions, convenience stores, selling their baked goods, that kind of thing.

They talked about it but we did it. Now the government has agreed to permit private sector concessions into the parks. This particular amendment is required to make that legal. The amendment really says: "This amendment to The Provincial Parks Act would permit the Minister of Environment and Lands to issue leases or licences of occupation for commercial purposes to parts of provincial parks which do not exceed 1 hectare in area...." So the idea is just to make it lawful and legal to issue licences and permits to members of the private sector or the business community who wish to undertake commercial ventures in the provincial parks.

That basically, Mr. Speaker, is the purpose of the amendment.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker. I want to say to the Minister of Forestry and Agriculture that this is a good piece of legislation. We did start the process. As a matter of fact, when I was minister, before I left Culture, Recreation and Youth, which then the Parks division was under, we started looking at provincial parks and what we could do to make them more attractive. We were concerned about the usage in the parks. We wanted to get more Newfoundlanders and Labradorians and other Canadians to utilize our parks. We thought a way to do that would be to make them more attractive, to have concessions and other things in there, where people could buy goods and just improve the whole atmosphere I guess of going to parks.

So I would say to the minister that I support the legislation that he is putting in here. I am just wondering. There was some consideration given to privatisation in general, say, to some parks. I do not know where that has gone, but I believe there was a call went out for proposals. There were proposals that went out -

AN HON. MEMBER: Public tendering.

MR. MATTHEWS: Well, I am talking now about parks. Certain parks. Just certain parks. I believe a proposal call went out to see if there was anybody interested in running a park, kind of taking it over. Just one question some of my colleagues have about the legislation I would like to ask the minister, and ask him to respond to. Will this process be put in place through public tender? Or are you asking me, as a private citizen say, if I want to do something of a commercial nature, say, in Frenchman's Cove Park, which is in my area of the Province, is it incumbent upon me then to get in touch with the Parks division to say: look, I am interested in doing this, do I have your permission? Or will there be certain commercial activities identified and then the Department will go to tender? I am not sure what the process will be.

It says here, in 8.1(3): "...the minister may prescribe the terms and conditions governing the cost or type of construction and the location of buildings or structures...." Not more than 10 per cent, not to exceed 1 hectare, and so on. I would just like for the minister to answer some of these questions. I say basically I support it, I think it is good, but these are some of the concerns that we have and we would like to have the concerns addressed.

MR. TOBIN: The call for tenders or proposals for development of sites, rather than give it to their buddies, right?

MR. MATTHEWS: Yes, I know, that is what we would like to have answered, I say to the minister. A good piece of legislation but just those couple of concerns. If you are doing something to make our parks more attractive and get more people in them, we totally support it.

MR. SPEAKER: The hon. the Minister of Forestry and Agriculture.

If the minister speaks now he will close the debate.

MR. FLIGHT: The two issues raised by the hon. member, Mr. Speaker. The privatisation of parks is still what it was back when we all talked about it. It has been discussed. No action has been taken on it. To my knowledge no parks have been privatised or no portions of parks have been privatised. It is a concept that may work, and it is being worked on. Officials are looking at it. But at this point in time nothing concrete has been done with regards to privatisation.

As far as the businesses that will establish in the provincial parks as a result of this amendment, or as a result of the policy adopted by this government, it will be incumbent upon the individual who has an idea. If he wants to start a bumper boat concession in Frenchman's Cove Park then it is incumbent upon him to contact the officials of the Department of Environment and Lands, Parks division. There is a committee of civil servants and people, I think, from various departments, which sits to judge the application. If the application makes sense, the concession is awarded.

AN HON. MEMBER: By leave?

MR. FLIGHT: Sure. I have no problem, Mr. Speaker.

MR. SPEAKER: The hon. the Opposition House Leader, by leave.

MR. MATTHEWS: I just wanted to ask the minister, what protection then would there be, if I have a proposal for a particular park of some commercial nature, what protection would I have, say, someone else may not end up doing what I proposed or would like to do? That is what I am concerned about because we all know what happens and if I come up with a unique proposal for a park that I think could work, that I could make a buck of and so on, what protection is built in it for me that I do not wake up a few mornings after, a few weeks after and someone else is doing what I wanted to do?

AN HON. MEMBER: In the same park?

MR. MATTHEWS: Yes, in the same park and other parks, but in the same park?

MR. SPEAKER: The hon. the Minister of Forestry and Agriculture.

MR. FLIGHT: No, Mr. Speaker. I do not know how that could happen; in the first instance, the committee which sits, receives and judges applications are bureaucrats, civil servants and there is a process at the end of the day when they make recommendations to the minister as to the projects that should be approved. I understand, Mr. Speaker, also, that any concession that is given will have a five year duration, Mr. Speaker, and renewable after that, so I do not think the concern that the hon. member has is well founded. I think, Mr. Speaker, that as he said earlier, it is a good amendment, it is a good idea and I think the parks service and the people of Newfoundland will be will served as a result of this action.

On motion, a bill, "An Act To Amend The Provincial Parks Act", (Bill No.23), read a second time, ordered referred to a Committee of the Whole House on tomorrow.

MR. BAKER: Order 26, Mr. Speaker.

Motion, second reading of a bill, "An Act To Amend The Municipalities Act", (Bill No.39).

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

MR. HOGAN: Thank you, Mr. Speaker.

Very basically, this is a house-keeping amendment that would permit the Municipalities Act to allow local service districts to do what other forms of municipal governments are doing in allowing annexation, the joining of communities of one or more, or even two local service districts becoming one and as subsequent under paragraph 1.

Under paragraph 2 it just changes the existing legislation to accommodate the first part of the amendment under 634 (1), which is really 629 of the regular act.

MR. SPEAKER: The hon. the Member for Humber Valley.

MR. WOODFORD: The minister says that this is mainly a house-keeping matter with regards to the additions and the deletions in 1(34), some deletions and some additions but in section 2 of the act there are some new additions there, Mr. Speaker, and I suppose you cannot very well argue with a lot of that, but the thing that I see, through the whole bill, seems to me to be a bit hypocritical, what the Department of Municipal and Provincial Affairs has been doing for the last three years.

AN HON. MEMBER: Yes, it is.

MR. WOODFORD: I mean the minister was not there at the time, but the previous minister is going around the Province, to amalgamate municipalities and the reason he has given for that is to be more efficient and viable communities, viable councils who would be afforded the right under the local revenue component, under the equalization component and so on but, under a local service district -

MR. HOGAN: (Inaudible).

MR. WOODFORD: Just a word of caution, Mr. Speaker, I think that someone in the Department of Municipal and Provincial Affairs has overlooked something because I had a request last year from a local service district in Pollards Point requesting that they form a community council, and they were turned down by the Department of Municipal Affairs.

What the government is doing with this bill is putting something in place. Local service districts in the unincorporated areas in this Province do not and cannot collect taxes. They are considered a corporation, but they cannot collect taxes. They can only levy a fee and collect a fee.

AN HON. MEMBER: A fee for service.

MR. WOODFORD: Every cent that an unincorporated area in this Province or a local service district in this Province gets from the government, they get it - outright grant. Municipalities governed under The Municipalities Act, whether they are a community council or whether they are a town council, can only get funding from government under the local revenue component, under the equalization component, the road component, and the household component.

If the minister is going to give this authority - and I caution you; I will tell you right now, you are going to have problems - to local service districts to annex and amalgamate, they will never, and I say this here tonight, they will never form a community or a town council. Why should they? They can access all the funding in the world from government and do not have to put anything in return - nothing; because under the components -

AN HON. MEMBER: That is not true, Rick.

MR. WOODFORD: They can levy a fee.

MR. DOYLE: They can only levy a fee for service.

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Order, please!

MR. WOODFORD: I will give you a prime example. I have a prime example in my area where I had a municipality apply last year to be recognized as a council -

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: But we are arguing just the opposite. We are saying to municipalities, put up your property tax; put up your poll tax, because we are not going to pay you. Now we are going to put a local service district in place where whatever funding they get, whether it is under the community water program or whatever, is outright grant from government. The only thing they collect is a fee.

Members should realize that this has been going on for years, and this is what the Department of Municipal Affairs for years is trying to get out of.

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: No, it may not be the purpose, but I can tell you it is going to be the result. I can assure you. Members opposite, including the Member for St. George's, next year is going to be in with a request for Municipal Affairs for a grant for a local service district in his particular area that is going to be an outright grant - no components applied; no 60/40; no 50/50's; no nothing. That is the way it is now, and this does not change it.

What the minister should be doing to those municipalities is telling them: put your council in place and then you will come under The Municipalities Act and the MOG system - the municipal operating grant of municipal affairs - the same as every other council in the Province. Then whatever fee you collect it goes against, and you can also get forty-five cents on the dollar, or whatever it is under the local revenue component and the household component. You are going to run into problems, I can assure you. If you do not run into them this year, you will probably next.

The reason the Department of Municipal Affairs just gave Pollards Point a 'no' was because they were saying: Why do you not get together and form a community council?, but that is not so. This is so local service districts can get together and form a larger local service district, which is defeating the purpose.

AN HON. MEMBER: Yes, why don't you make them a community council?

MR. WOODFORD: Okay, I will sit down now and let the member explain to me otherwise.

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

MR. SHORT: After three years of being involved with this particular issue I am certainly glad to see this amendment to the Municipalities Act come before the House because I have spent the last three years trying to form a local service district in the Codroy Valley. It is a result of that work that brought this amendment before the House.

Three years ago after I got elected the people of Codroy Valley were looking for funding to fix the incinerator. I came to the Department of Municipal Affairs and I got them $14,000 which was cost shared 60/40. I soon discovered, however, that one of the local service districts had to apply for the money, and when it came time to pay back the 40 per cent, there was nobody to pay back the money. There were thirteen communities in the Codroy Valley, and there were seven local service districts, and what I call kitchen table local service districts because all they did was they would come and get, say, $20,000 for a water system, they would spend the $20,000 and the next year they would come back and they would continue on. But in the Codroy Valley what we had was a franchise holder who was appointed by the Department of Environment and Lands who collected the garbage and collected all the money, and there was no money to fix the incinerator. So the Department of Municipal Affairs was giving out the money for the incinerator, but somebody had to pay back the 40 per cent share.

I went out to the public and said - and I have had fourteen public meetings over the last three years out there - I said if you want more services than just water then you are going to have to form yourselves into one local service district, and in order to do that you have to disband the seven local service districts that are now there. That wasn't possible. I checked with the deputy minister at a public meeting where we had 300 people ready to go with this thing, the deputy minister who wrote the legislation back in 1978, and it was his intention at the time that they would be regional local service districts. It was never the intention when Municipal Affairs brought the bill in originally to have local service districts in every individual community. So in Codroy Valley you have thirteen communities, seven local service districts, and six with nothing.

I will tell you another thing. I discovered when we were trying to get the local service district formed in the Codroy Valley that there was another $20,000 that we could have accessed under a federal government fisheries program because there was a wharf in the Codroy Valley, and we couldn't do that either because there was no fire brigade in the Codroy Valley. So really what we are looking for is one local service district out there so that the people can apply to municipal affairs on a cost shared arrangement for fire fighting equipment and for incinerator repairs, or whatever it is. That is not a grant, but it would be cost shared 60/40. So it is important, I think, that we be able to bring this amendment before the House so that the seven local service districts if the public - and I emphasize that if the people in the community want this, then it will go ahead, but only if the people in the thirteen communities want one local service district. That is part of the amendment as well, that we would go back to the community and look for their support. If they don't want it, as I have said to them in fourteen different public meetings: If you don't want any more facilities than a water system, fine. I will not force it upon you, but I am saying to you that there are more things that should be available to you if you had one local service district and everybody working together. Thank you very much, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Humber Valley.

MR. WOODFORD: Mr. Speaker, I am not going to get into an argument. I will debate with the member. But three things here, Mr. Speaker, three things, and -

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: One of the first questions I have is why not councils? That can be done despite what people say. Why not councils?

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: Yes, sure. You can see why they don't want it. I just gave the minister my copy of the Municipalities Act. But there is not a local service district or an unincorporated area in this Province today under the Municipalities Act, under the MOG system, under the repayment of capital debt on capital projects, eligible for a 60-40 funding from Municipal Affairs.

MR. DOYLE: Where did you get that, 60-40?

SOME HON. MEMBERS: (Inaudible).

MR. WOODFORD: Not one! If it's done, Mr. Speaker, it's illegal.

SOME HON. MEMBERS: (Inaudible).

MR. WOODFORD: Because it must be a special program. First, it's illegal.

MR. R. AYLWARD: Yes, and they're after doing it.

MR. WOODFORD: Second, Mr. Speaker, they are not allowed to even get a government guaranteed loan. The Department of Municipal Affairs cannot sign government guaranteed loans on behalf of a local service district in this Province. Can't get a special grant! But they can get, under the water system and so on, they will get a fifty or twenty-five - no member opposite can tell me otherwise. I know the difference.

Now I know the member, I can understand where the member is coming from, no question, and I sympathise with him. Because I have the same problem with local service districts. But I say to the member, and I say to the minister opposite, that what they should try to do - I have the same thing, they do not want a council. Now if you do not want a council you know what they are afraid of. The trick -

AN HON. MEMBER: After the previous administration was in power the Bay St. George local service district had to be formed in order to do a cost sharing arrangements for a new fire truck, $76,000.00.

MR. WOODFORD: Yes. Sure you can, because it is a 75-25 program, and it was applicable to every municipality in the Province, whether they were a local service district or an unincorporated area. That was a special situation done under the Municipalities Act. The member is dead on, you are dead on right, and I agree with you. It was a good program because of the life and death situation with regards to fire problems in the Province. So when it comes to municipal affairs, Mr. Speaker, you were allowed to do that. But you are not, and were not, allowed to do under the other part of it, I say to the minister again.

Now, under the Regional Services Board Act that the previous minister rushed out and explained to municipalities and came in the House and thought - I thought there was some kind of an emergency up. He brought it in, he passed it in the House. I do not know, but maybe I'll ask the present minister this question, I doubt it is even proclaimed yet. If it is it had to be done since last fall. Because under the Regional Services Board Act, the new Act that was brought in and passed in this Legislature last year, we could have done that, and the member could have done it, under the Regional Services Board Act, and you would not have any problems whatsoever. So I say to the member he should get after the officials in Municipal Affairs -

AN HON. MEMBER: (Inaudible).

MR. WOODFORD: But under the Regional Services Board Act, Mr. Speaker, as members know, the minister, not even the Lieutenant Governor in Council, except for a couple of clauses in it, had the power to do and look after what the member is looking for. Then they would have no choice but pay, because there would be a regional services board, they would have to pay their share, and then they could access funding under some of the programs that are available today. But this is -

MR. R. AYLWARD: And they'll be in debt for the rest of their life.

SOME HON. MEMBERS: (Inaudible).

MR. WOODFORD: The unincorporated areas, it is going to have to be put to them. Now the argument that Municipal Affairs gave me, which is not even, as far as I am concerned, logical, and that came out I think it was last August, that: we can't let you form a community council because you are only a population of 500. Try to talk to the community of Sop's Arm and see if you can amalgamate and form a community of 1,000 people or more, and then we can give you community council status.

Now what is the difference, when you look at the components under the Municipalities Act, under the municipal operating grant, and look at, on a per capita basis, that is how the whole thing is broken down. Everything today is broken down on households. Whether all the households are in Pollards Point, whether all the households are in Sop's Arm or whether they are out in the hon. member's district, it doesn't matter, the same amount of funding goes in because it is based on the total property value in that particular municipality. So this is an opportunity we had to put a council in place, it was refused, it was turned down, and now they are back to square one.

So just a few words of caution. I am only saying that this bill, itself, could have probably gone a bit further and said: Under The Regional Services Board Act be established as a community council so that they can have the proper elections every two years, under the community council part of it, or town council every four years, whichever. Then they would be eligible under the programs and that would help the member and other members. It is going to be a nightmare for you when they all start coming looking for funding.

Anyway, Mr. Speaker, just a few words of caution to the minister and members opposite. I am not telling them what to do or how to do it but, as I said, a few words of caution. I would submit to the minister if a request comes in from a municipality, especially with a population of around 400 or 500, that is what we are looking for, municipalities to form a council and accept some of the responsibility that goes with the forming and running of a council. Then they would be eligible under the component system of the MOG. Then they would be off the minister's back, off the member's back and would be able to do their own work.

Thank you, Mr. Speaker.

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

MR. R. AYLWARD: Thank you very much, Mr. Speaker.

I would advise the minister and especially the Member for St. George's to listen to the words of wisdom from the hon. member because what he is saying is correct. What the hon. Member for St. George's wants to do, and should be able to do in his district, cannot be done under local service districts. So he should take heed of it. It is up to you if you do, but you won't achieve your goals the way you are going, is all I am saying. You will have to go through the Regional Services Board or town council. Mr. Speaker, the Member for Humber Valley explained that quite clearly. I am sure the members will look into it.

Mr. Speaker, we are doing an amendment to The Municipalities Act and I was hoping that, between the Minister of Forestry and Agriculture and the Minister of Municipal and Provincial Affairs, before this House closes this session today, we would have an amendment to The Municipalities Act, to The City of St. John's Act, to The City of Mount Pearl Act, Corner Brook and the City of Grand Falls - Windsor Act, if that is what it is, that would accommodate the problem the farmers in the City of St. John's, in particular, are having with the tax assessments that they received January 1.

I welcome to the gallery, Mr. Speaker, the federal MP for -

SOME HON. MEMBERS: Hear, hear!

MR. R. AYLWARD: I believe this is his cousin right here.

Mr. Speaker, I just want to ask the minister a question, rather than continue the debate, the Minister of Forestry and Agriculture or the Minister of Municipal and Provincial Affairs. We will all remember that in January of this year when we amalgamated the Town of the Goulds and the St. John's Metropolitan Area Board with the City of St. John's, the day after, on January 2, assessment bills were sent out, or within the next month or so, to the farmers in that area. The unreasonable rates that the City of St. John's charged the farmers would have virtually put them out of business. Now, we did have meetings with the City of St. John's and the Federation of Agriculture, and I happened to attend that meeting. The City of St. John's agreed to defer their taxes and their assessments for a six-month period. Now, we have twenty days left to try to solve that problem.

The Federation of Agriculture met with the minister, met with both ministers as far as I understand, and I believe the resolution should be - and I said it from day one - amendments to The Municipalities Act, appropriate ones, establishing, as we do with property tax, a uniform rate of taxation for the businesses of farms throughout the Province.

We only have twenty days left to do this. This House is going to close in the next day or so, so I am very disappointed that now that we are amending The Municipalities Act, that the two departments have not gotten together in the meantime and brought in that amendment immediately. It is one amendment, probably one or two sections, which should be able to be written up in fifteen minutes. I do not know why the delay, unless the policy or the decision has been that we do not do this. I do not understand, because in thirty days time The City of St. John's are going to ask for their taxes. By the time the House opens next October or November again, it will be too late for the farmers because they will be assessed for the whole year.

AN HON. MEMBER: (Inaudible).

MR. R. AYLWARD: Well I know that The City Council has agreed to look at it -

AN HON. MEMBER: (Inaudible).

MR. R. AYLWARD: Well you cannot change The Municipalities Act by an Order in Council; and you cannot change The City of St. John's Act by an Order in Council; and you cannot change The City of Corner Brook Act by an Order in Council.

AN HON. MEMBER: (Inaudible).

MR. R. AYLWARD: Mr. Speaker, I do not understand the delay. It is a fifteen minute process to write up this. It would be a shorter amendment than this amendment, if we did it. There is already a section in The Municipalities Act and The City of St. John's Act and The City of Mount Pearl Act dealing with property tax on agricultural land. It is not an overly burdensome process to have that amendment put forward.

I just ask the ministers when it will come. It cannot come before next October now, but what can we do on June 30 if the City of St. John's insists that the farmers have to pay their full property tax? Are there any plans for the - and I know The City of St. John's, the accountant or whatever they call her down there - the person who is in charge of taxes down at City Hall - has said that they have pretty well agreed to say, well there is no sense bringing in the tax if government is going to make this amendment; but that is not the city council.

The city councillors, such as city councillor Dinn, who is not overly in favour of having any farm land in the Goulds, and the deputy mayor Andy Wells, who is actively lobbying to have the agricultural zone removed in that area - these are the people who are going to make the decision; and on July 1 their decision could very well be that we want our tax money. If they want their tax money, that is the immediate death to the agricultural activities in that area.

If they are going to collect seventeen to twenty-one mils on all of that farm land that is in there, which is the city tax rate for businesses - it is no good shaking your head. They have no choice right now but to collect that much if they are going to charge a business occupancy tax, if that comes.

I just want to know what the minister's plan is if the city council makes the policy decision to say, we want our money on the day after June 30.

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

MR. WINSOR: Mr. Speaker, I do not want to take much time on the debate on this bill, but I want to ask the minister, and perhaps he can address it in this one. I had four or five communities who formed a local service district. As a matter of fact, they attempted to form a council. They began the process in 1989. They went around the community and got enough support, 64 or 65 per cent who wanted to form a town council - a population of about 1,000-1,100. Officials at the minister's department insisted that they form a local service district as opposed to a council, with that kind of population.

I wonder if the minister could explain why he would want communities to form local service districts, as this piece of legislation is suggesting, and then you have communities who, when they combine, as they amalgamate, five communities, they would have been big enough to form a council; yet officials at the minister's department seem very hesitant to allow the formation of new town councils. Can the minister explain why that is so?

MR. SPEAKER: If the minister speaks now, he closes the debate.

MR. HOGAN: We have three different issues here at hand, Mr. Speaker. The first is dealing with the legislation that

we are talking about tonight. The purpose of that is to consolidate and allow for existing services that might have been provided under a number of communities.

On the second hand we have the situation that is being addressed by the hon. member for Kilbride. I say to him that both ministers are cognisant of that particular problem. Take it from us that vehicles or mechanisms can be put in place in co-operation with the City of St. John's to accommodate that if they have the desire. I suspect they have.

I can't address the question put up by the hon. Member for Fogo because I don't know the specifics about which he talks, and I can't imagine any reason why you would opt out for the kind of situation that he is talking about. It must have happened previous to my coming into the ministry. However, the act that we are talking about, like the amendments to the act, has a specific purpose. That is to consolidate for these limited purposes only that do accommodate local service district, Mr. Speaker.

On motion, a bill, "An Act To Amend The Municipalities Act,' read a second time, ordered referred to a Committee of the Whole House presently by leave. (Bill No. 39).

MR. BAKER: Motion 4, Mr. Speaker.

On motion, that the House resolve itself into Committee of the Whole to consider certain resolutions relating to the raising of loans by the Province, Mr. Speaker left the Chair.

MR. CHAIRMAN: Order, please!

Shall the resolution carry?

The hon. the Minister of Finance.

DR. KITCHEN: Thank you, Mr. Chairman.

Mr. Chairman, I want to have a few words about the loan bill. We are proposing to borrow and wish the approval of the House to borrow $365 million this year. I am proud to some extent that we are able to keep the borrowing down to $365, but I look forward to the day when our taxation will take care of our expenditures, that our income and our outgo will be balanced. But to have to go in the hole $365 extra million this year is something that I am not proud to say. I am proud that we don't go in higher, but at the same time going in the hole, which we have been doing ever since Confederation is a very serious point, and where the people are burdened, burdened, burdened with evermore debt. It is time that Canadians got out of this thought that you can borrow your way into prosperity. We can't do it. Every time we borrow we make the future a little bit bleaker than it was before, and that is what we have been doing.

Mr. Chairman, let me go into the details of the loan bill. This year on current account we are going $29 million in the hole, hopefully no more. On capital we will go $210.8 million. The total budget requirement is $239.8 million. We are going to retire some debt, $99.5 million, put some money in the sinking funds, $55.9 million, so that the total debt retirement package is $155 million which when added to 239.8 comes to $395 million. We can borrow $30 million from the Canada Pension Plan, and that will leave us from capital markets $365 million, which is what we are proposing to borrow here now.

Now, we are proposing that we go to the capital markets twice this year. We are hoping that we will be able to go soon for approximately $125 or $150 million and then, perhaps, we will be able to borrow the remaining $200 million later on in the fall. That will mean that we will be borrowing $385 million on the capital markets this year, but we will be retiring some debt of $155 million, which means that our net borrowing requirement will be $230 million. So we need the authority to borrow that, but we also need a little cushion here in case next spring we go over on the budget and, of course, hon. members may hold up Interim Supply like they do from time to time. So we may need a few dollars for that. So we are suggesting $135 million there, which gives us the $365 million. Hopefully, Mr. Chairman, we will not need this, but we need the authority to borrow in case we do.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. CHAIRMAN: The. hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Chairman, I don't know where the Minister of Finance gets whatever is needed, the gall or the gumption, to stand in this House and talk about borrowing. What the minister has just said is a reflection upon his incompetence as Minister of Finance in this Province.

MR. R. AYLWARD: He is proud of his incompetence.

MR. TOBIN: His incompetence.

Now, there are issues in this Province that are extremely important and if you have to borrow money to deal with them, it should be done, such as the teachers' assistants, such as the disadvantaged children, that the Minister of Education has chosen to attack in this Province. Day in and day out the education system is coming apart under this minister. Probably the Minister of Finance can give him a few dollars out of this hundreds of millions of dollars that he is borrowing and put something in place for the disadvantaged children of this Province.

I would also like to know how much of this money that is being borrowed is going to go into place to pay for the Premier's gardeners, for the people to go down and set his flowers and cut his lawns, for the chauffeured cars that the Premier drives around in, for the chartered or the fixed-wing aircraft that he travels around this country in, for the tens of thousands of dollars that the Premier of this Province spends on entertainment, for the tens of thousands of dollars he spends on chartered and fixed-wing aircraft to travel around this country, for the money that is being paid to the book writers of this world, Mr. Chairman, for advice. Those are the questions that need to be asked and answered in this Legislature. What is the Minister of Finance up to and what is he going to do with the money?

The Premier of this Province is costing the taxpayers hundreds of thousands of dollars in travel and entertainment expenses, for gardeners -

AN HON. MEMBER: He paid for that book, too.

MR. TOBIN: Pardon?

MR. R. AYLWARD: He paid for that book.

MR. TOBIN: No, I don't think he paid for that book.

MR. R. AYLWARD: Yes he did. He paid (inaudible) while she was on his staff.

MR. TOBIN: She had lots of time to write it, she wasn't always busy.

MR. R. AYLWARD: It took her nine months to write that book.

MR. TOBIN: But what is happening? What about the cars for the ministers, the $8,000 a year car allowance that they get to drive to work and then rent cars to drive around this Province, and helicopters and fixed-wing aircraft, charters going everywhere? You would almost think you are watching MASH when you see the helicopters in the summertime. That is what is taking place in this Province.

What about the pensioners? What about the ministers who are collecting pensions and salaries? They need cars to go to the post office to pick up their pension cheques. That is what the Minister of Finance needs his government car for. He does nothing else, except a scattered trip down to New York on a holiday to talk to some of the credit people who give us our credit rating. That is what is taking place.

The President of Treasury Board spent the whole day - and it is too bad the people of this Province could not see him - in this Legislature reading an old book. That is what he spent his time at, reading an old book. I don't know, Mr. Chairman, what the book is. I didn't see it until today. I don't know who wrote it. I heard someone say Trudeau wrote it, but I don't believe that. I don't believe Trudeau had time to write a book. He is too busy doing other things.

So I want the Minister of Finance to tell this Legislature how much money it is costing the taxpayers for the gardeners from Pippy Park to go down and mow the Premier's lawn? How much is it costing for the gardeners to go down and set roses and flowers for the Premier of this Province? How much money the Premier is spending on travel, you know, the Belgium chocolates and the jaunts around the world, that is what I want to have answered as it relates to - this government is borrowing money like drunken sailors, that is what is taking place.

The Minister of Finance is incompetent, is intolerable and he does not know what direction and what course this Province is going in and it is time that they spend their money wisely and it is time for the Minister of Finance to tell us - and the Minister of Mines and Energy of the situation in Come By Chance and if this government is going to put any money in Come By Chance to save the 600 jobs for the people. It is time for the Minister of Finance to tell us what he is going to do for the Marystown Shipyard of which he is listed as a shareholder; and it is time for the Minister of Finance to tell us how much money is going into the Economic Recovery Commission to pay salaries and to pay for computers bought down in the States some place, not in Canada. That is the type of information we want to know about this money that has been borrowed because what is happening here is all trying to be covered up.

9:20 on a Wednesday night, the Minister of Finance stands up and talks about borrowing money, Mr. Chairman, but it is time for the Economic Recovery Commission - how much of this money by the way, is going to pay for your buddies to build these - what do you call them, nursing homes - the health care centres in this Province without public tender? The first time in seventeen years that we have seen public tender being abolished, thrown out through the window and the bag man of the Liberal party being looked after; that is what we want to know what is going on with this money -

MR. MATTHEWS: Did you say the bad man or the bag man?

MR. TOBIN: The bag man. That is what we want to know what is going on with this money.

SOME HON. MEMBERS: Oh, oh!

MR. TOBIN: Mr. Chairman, I want to conclude my remarks, but not because of the note I received from the Member for Placentia, and I've got a good mind to table it. I am not sure the Member for Placentia would be -

MR. MATTHEWS: Unparliamentary, is it?

MR. TOBIN: It is very unparliamentary, but I can tell you one thing, it is the best description of the Minister of Finance that I have ever read or have ever heard.

RESOLUTION

That it is expedient to bring in a measure to authorize the raising from time to time by way of loan on the credit of the Province the sum of $365,000,000 and the additional sum or sums of money that may be required to retire, repay, renew or refund securities issued under an Act of the Province or that may be paid into the Newfoundland Government Sinking Fund.

On motion, resolution carried.

On motion, Clauses 1 to 5, carried.

Motion, that the Committee report having passed a resolution and a bill consequent thereto, carried.

MR. BAKER: Bill 37, Mr. Chairman.

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

DR. KITCHEN: We were trying to amend the Tobacco Tax Act retroactively to June 7, 1989 -

AN HON. MEMBER: (Inaudible).

DR. KITCHEN: Well I mean it depends on you guys too, you know. I cannot do it myself.

We are proposing to amend the Act, making it retroactive to June 1989. What happened was an oversight at that time and we want to correct the anomaly. It will not affect the taxes that are collected because they are collected and have been collected as if this amendment had gone through. So this is really what we are about, amending the Tobacco Tax Act retroactively so that the practise that has been ongoing can continue. Thank you, Mr. Chairman.

Motion, that the Committee report having passed the resolution and a bill consequent thereto, carried.

MR. BAKER: Order 3, Mr. Chairman.

MR. CHAIRMAN: Order 3.

A bill, "An Act To Amend The Newfoundland Public Service Commission Act, 1973." (Bill No. 7).

Motion, that the Committee report having passed the bill without amendment, carried.

MR. BAKER: By leave, (Inaudible) Bill No. 9.

MR. CHAIRMAN: Order 5.

A bill, "An Act To Amend The Liquor Corporation Act, 1973." (Bill No. 9).

Motion, that the Committee report having passed the bill without amendment, carried.

MR. BAKER: By leave, Bill No. 11.

MR. CHAIRMAN: Order 6.

A bill, "An Act To Amend The Insurance Adjustors, Agents and Brokers Act." (Bill No. 11).

Motion, that the Committee report having passed the bill without amendment, carried.

MR. BAKER: Bill No. 12.

On motion, clauses 1 through 17 inclusive, carried.

MR. CHAIRMAN: Shall Clause 18 carry?

MR. BAKER: Mr. Chairman.

MR. CHAIRMAN: The hon. the President of Treasury Board.

MR. BAKER: There is an amendment to Clause 18. It is 18(2) of the Bill. It is amended by inserting immediately after the word "employed" wherever it occurs the word "permanently."

On motion, amendment carried.

On motion, Clause 18 as amended, carried.

On motion, Clause 19, carried.

MR. CHAIRMAN: Shall Clause 20 carry?

MR. BAKER: Mr. Chairman, there is an amendment to Clause 20(1). It is amended by deleting paragraph (b) and by renumbering paragraphs (c), (d) and (e) as paragraphs (b), (c) and (d), respectively, and by deleting the number "5" and substituting the number "7." That is the first amendment to Clause 20, Mr. Chairman.

MR. CHAIRMAN: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Mr. Chairman, I had some questions this afternoon that I asked of the Minister of Social Services, and under instructions I guess from the acting House Leader at the time, the Minister of Health, the Minister of Social Services suggested that he would respond to the questions at this point in time. Unfortunately, the Minister of Social Services is not here. So I would just like to briefly touch on some of these questions. I would hope that either the Minister of Health or the President of Treasury Board will provide me with these answers.

In terms of the registration of social workers and what this deals with, what I am wondering is: what will happen to the social workers, who have been given seven years to register, after the seven years is up, if they have not retrained? I would also like to know if there is a retraining package that will be offered by government to these social workers to upgrade. If there will be a training package, what will it be? An assistance package.

I would also like to ask the minister, or whoever is going to respond to this: the minister confirmed this afternoon in the debate, when he introduced second reading, that social workers who are now acting in permanent positions - temporary social workers in permanent positions - can be bumped out or replaced by BSW graduates as they become available. So my question is: What will happen to the social workers, some of whom have been there for six, seven or eight - well up to seven years now - what will happen to these social workers when they are bumped out? Will they go back to the positions they had? I guess that is an option that is there; but some of them have been extremely professional, probably all of them. They have done a good job. They have served the department and the people with whom they have been involved extremely well. I am just wondering what will happen to them.

I guess my big question at this point in time that I want answered is: What will happen when the seven years is up, to the social workers, if they are not upgraded and have not received their BSW?

I would also like the minister to respond to - the registration of social workers is now going to be done, as I understand it, and this is why I ask - will the social workers who are in temporary positions, with these amendments that are coming in, now become RSW's, even though they are only temporary and not permanent?

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

MR. BAKER: Mr. Chairman, I would like to respond to at least one of the -

AN HON. MEMBER: (Inaudible).

MR. BAKER: Yes, I would like to also.

I would like to respond to at least one of the issues raised by the hon. member. The amendment changes the five to seven. In this bill they were given only five years. Now we are saying seven years. The question asked was, what happens after the seven years?

I do not know, at this point in time, for sure what happens. Obviously, the intent was to get all social workers with professional degrees. That was the intent of the legislation. Seven years allows more time, and hopefully more of the individuals who are there now but do not have their degrees and their professional training, will get it. Seven years will be enough time for them; but undoubtedly there will be some, at the end of that seven years, who do not have it. Maybe the hon. member opposite knows; I do not know the number involved here. I do not know how many there are right now. Maybe he does.

AN HON. MEMBER: (Inaudible).

MR. BAKER: Yes, but anyway, undoubtedly there may be some at the end of seven years.

I would say to the hon. member that at that point in time, obviously these people have been there a long time doing a job, and during the course of the seven years we will work with them to encourage them to do the courses, to provide opportunities for them to do the courses, through The Public Service Commission, through all the avenues open through The Public Service Commission and so on.

If they cannot be done, what I am saying is that The Public Service Commission will work with these people to examine their career choices at that point in time, and surely something has to be found for these people who have been around doing the job of social worker for so long at that point in time.

I do know that the intent is to have The Public Service Commission work with these people for that seven years to try to get through that period, and to look at alternate positions or whatever, at the end of the period if they cannot do it.

The other main point that the member was talking about, I do not know the answer. I simply do not know the answer. I do not know if the Minister of Health knows the answer. There is some indication from the Member for Burin - Placentia West that maybe the Minister of Health would know the answer.

AN HON. MEMBER: (Inaudible).

MR. BAKER: Oh, he was using the hobnail boots?

AN HON. MEMBER: (Inaudible).

MR. BAKER: Okay, that was the time when I was out, and he was using hobnail boots. I do not know the answer to the other questions.

MR. CHAIRMAN: Shall amendment 21 carry?

MR. BAKER: It is the second amendment to Clause 20, and that is that subclause 20(2). The first amendment related to 20(1). Subclause 20(2) is amended by deleting the number five and substituting the number seven again.

MR. CHAIRMAN: Shall amendment 22 carry?

On motion, amendment carried.

On motion, Clause 20, as amended, carried.

On motion, Clauses 21 through to 58, carried.

MR. CHAIRMAN: The hon. the Member for Burin - Placentia West.

MR. TOBIN: Just very briefly. I find it difficult to understand. The President of Treasury Board has stated that I cannot be given the answers to the questions which I asked. Now we are being asked to vote on a piece of legislation which we cannot be provided with the answers. So I would just like to note that for the record.

A bill, "An Act Respecting The Newfoundland And Labrador Association Of Social Workers." (Bill No. 12).

Motion, that the Committee report having passed the bill with amendment, carried.

MR. BAKER: By leave, Order 23.

MR. CHAIRMAN: Order, please! Order, please!

There is a lot of conversation. I am having difficulty hearing.

MR. BAKER: The Committee stage, by leave of the House, Mr. Chairman, of Bill 23.

MR. CHAIRMAN: Bill 23

Shall Clause 1 carry?

MR. WINSOR: Mr. Chairman.

MR. CHAIRMAN: The hon. the Member for Fogo.

MR. WINSOR: Mr. Chairman, in Bill 23 the Minister of Forestry and Agriculture, on behalf of the Minister of Environment and Lands, introduced the Bill. I have some concerns with this Bill. I think it is a good bill. I think it is a very progressive piece of legislation. I am also quite concerned about it.

Section 8.1(1) says: "Notwithstanding section 8...," and it goes on to say that, "... the minister may issue leases or licences of occupation to parts of provincial parks for commercial purposes."

The word "commercial" is a pretty big term. What does it mean? Can someone set up a hair styling place in a provincial park? I think the minister should be specific as to the types of activities. It has to be service oriented for tourists or whatever. You cannot go about just giving a blanket policy as in this one. In addition to that, the proposal as the minister put it forward, there is no provision of how long a lease would be for. Does the Province accrue any revenues from the lease? None of these things are in the Bill.

Specifically I wonder why that if we designated certain parks to have commercial activities, and we identified the type - for example, the one that I am quite familiar with in the Lumsden area in my district, in Windmill Bight. If we determine that an activity that would be quite desirable there would be rental of boats - canoes and paddle boats and that kind of thing - the question is: why wouldn't it be a public tendering process where we would invite bids for people to supply that facility to the park? Instead of just throwing it out. As the minister said, whoever puts in a proposal will get it. I think it needs to be more coordinated than that.

We cannot do the kind of thing. I do not want to see our provincial parks look like old Orchard Beach down in Maine, where you have all kinds of weird and wonderful concessions that have no place in a provincial park. Absolutely no role. I would be quite concerned that we would spoil the inherent natural beauty of some of these parks by becoming too commercial with them. There is nothing in this that prevents this kind of thing from occurring. I think before this Bill needs to be looked at we need to designate the type of commercial activities that we are going to carry out.

I think and feel strongly it should be public tendering. I think it is wrong. It opens the situation up for too much abuse. For an individual to confer with a number of people and say: I am going to put this particular activity in and get a monopoly on it. It is wrong, Mr. Speaker. It should go through a public tendering process. The Province should look at leases and for certain amounts of money. We should be very specific in the types of concessions that we put in.

MR. CHAIRMAN: The hon. the Minister of Forestry and Agriculture.

MR. FLIGHT: Mr. Chairman, the hon. Member for Fogo just really reiterated a case made by the hon. Member for Grand Bank and the other hon. member. We are talking about concessions that make the parks more attractive to the people, that will draw people in, bumper boat concessions, convenience stores, laundromats, sale of baked goods, that kind of thing. We are not talking about putting in oil refineries. We are not going to put machine shops in parks. As far as the concession is concerned as compared to tender, no. What we are doing -

AN HON. MEMBER: (Inaudible)?

MR. FLIGHT: We are not going to put in oil refineries. What we are doing, Mr. Chairman, is setting up a process where anyone can make an application to provide a service in the park. Whether it is a convenience store, a bumper boat concession, or whatever. A committee of civil servants will take the applications, process them, and make recommendations to government. That's the way it is.

I might also say that there are already concessions operating in certain parks in Newfoundland. They weren't done by public tendering, they were done by receiving applications. That may well happen. You can call a proposal call and then everybody comes in and the best proposal is judged, but it is not on a tendering basis.

So, Mr. Chairman, we are doing it the way it should be done. There is nothing political about this. The civil servants will decide and recommend to the minister the projects that should be approved. The hon. member should be supporting this legislation.

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

MR. MATTHEWS: Just a final comment on it, Mr. Chairman. We have been basically supportive of what the minister is attempting to do here, but we do have some legitimate concerns that I think the minister should take into consideration. He should address them with the team of officials, whoever is going to make the decisions. Because even though we want to make our parks more attractive to get more people into the parks, to offer them services and whatever, we have to be careful that we protect, I guess, what environmentalists and parks people would say, that you look to protect the integrity of the park, you don't interfere with natural settings, and so on and so forth, as these people can best describe it.

So even though we want to provide for commercial outlets or concessions that park users may want to avail of -

AN HON. MEMBER: A great idea.

MR. MATTHEWS: Yes.

- we have to protect the integrity and don't take away from parks. We are very fortunate in the parks that we have in the Province. They are not used I think as much as most of us would like to see them used. That is why, I am sure, the minister is undertaking some of these initiatives. But having said that, we don't want to do it at the cost of losing, I guess, the natural beauty, and so on, and some of the characteristics of the provincial parks. I guess that is where we are coming from, and we ask the minister to consider that.

MR. CHAIRMAN: The hon. the Minister of Forestry and Agriculture.

MR. FLIGHT: Mr. Chairman, with respect to the comments made by both hon. members, I will see to it that their concerns are relayed to the people who make judgements on these kinds of concessions, or the kinds of things that go into parks. He is right in our desire to protect the integrity of the parks. So we have no problem with the kinds of comments made and the kinds of considerations asked for by both hon. members. I will see to it that their opinions are relayed to the people who make the decisions on the types of concessions that are undertaken, that we allow to locate in the parks.

Motion, that the Committee report having passed the following bills without amendment, carried:

A bill, "An Act To Amend The Provincial Parks Act." (Bill No. 23).

A bill, "An Act To Amend The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act." (Bill No. 24).

A bill, "An Act To Abolish School Tax Authorities And To Provide For The Collection Of Unpaid School Tax." (Bill No. 28).

A bill, "An Act To Amend Certain Taxation Statutes In Relation To The Payment Or Imposition Of Interest." (Bill No. 29).

A bill, "An Act Respecting The Application And Effect Of Certain Acts Passed In The Present Session Of The Legislature Upon The Revised Statutes Of Newfoundland, 1990." (Bill No. 27).

MR. BAKER: Committee stage, by leave, Mr. Chairman, of Bill 32.

MR. CHAIRMAN: Bill No. 32, Order 20.

Shall clauses 1 through 32 carry?

MR. WINSOR: Mr. Chairman.

MR. CHAIRMAN: The hon. the Member for Fogo.

SOME HON. MEMBERS: Oh, oh!

MR. CHAIRMAN: Order, please!

MR. TOBIN: On a point of order, Mr. Chairman.

MR. CHAIRMAN: The hon. the Member for Burin - Placentia West, on a point of order.

MR. TOBIN: Everything that is going on between the President of Treasury Board and the Minister of Municipal and Provincial Affairs, I am picking it up on this here. I just wanted to -

MR. MATTHEWS: Your mike's left open, see, 'Wins'.

MR. BAKER: Thank you.

MR. MATTHEWS: We don't want to know about it.

MR. CHAIRMAN: A good point of order.

The hon. the Member for Fogo.

MR. WINSOR: Thank you, Mr. Chairman. Earlier today, I asked the minister about some concerns I have about an employee who has been basically asked to work on essentially what has been declared as a public holiday.

The reason I asked the minister - and the minister's answer was not at all suitable today - is last year, during the emergency make-work programs that the minister put in place, the Department of Social Services had some projects that were already ongoing. An individual, I think it might have been November 11, or maybe even Boxing Day, I am not sure of the day, I know it happened during a weekend on which you couldn't get access to anybody, one individual had to work. Another individual doing a similar type of job was told that he could stay home. Now, we can't have that dichotomy. If people working for the Department of Social Services can have the day off, and people working for the Department of Forestry on basically the same type of programs, have to go to work, then that doesn't make sense.

The minister, in this legislation, had an opportunity to designate a regulation that if an individual goes to work on these programs and it is a statutory holiday - then they fall into that day.

I think the Department of Social Services, in fact -

MR. HOGAN: Don't be so silly, boy, that's taken care of in normal management.

MR. WINSOR: No, it is not taken care of! The Minister of Municipal and Provincial Affairs doesn't know.

MR. HOGAN: It is!

MR. WINSOR: It is not taken care of at all.

MR. BAKER: Don't get him riled up, now, (inaudible).

MR. WINSOR: It is not taken care of at all. It hasn't been taken care of. The Minister of Labour today said it is not taken care of. In fact, the Minister of Labour's response today when it was raised was that: we would ask these people to work. If they choose to appeal it, then they would have no choice but to pay them.

MR. HOGAN: He's wrong.

MR. WINSOR: Now, the Minister of Municipal Affairs says, 'He's wrong.' Mr. Chairman, it is certainly a confusion on government's side as to what this regulation is. It is an holiday or it is not an holiday. The way the Department of Social Services operates, I think - or they did - is that you had to have worked, I think, for at least fifteen days prior to that holiday and then you would have the day off with pay. If you had only worked ten days, you couldn't.

Now, it has to be uniform throughout the Province. The minister has a chance here in this piece of legislation to address it, to make sure that when it occurs the next time, as the minister, as sure as the sun is going to come up tomorrow, there is going to be an emergency make-work program this summer. Because if he doesn't then the Minister of Social Services had better have something here looking for more money.

So he is going to have it. Members are going to have to address it. On Friday afternoon, when you cannot get hold of anyone in the Department of Labour, the local sponsor says: No, they have to go to work. The employees say: No, I'm not going to work. Members are forced to try to find someone to give them an answer. He has an opportunity to do it here. So it is time for the minister to define what is a paid holiday and how one qualifies for it.

MR. CHAIRMAN: The hon. the Minister of Employment and Labour Relations.

MR. GRIMES: Yes, Mr. Chairman, just for the purpose of clarification. Because after addressing that issue this afternoon during the second reading, I did check again with officials in the department, particularly the labour standards people, as well as the people in charge of the Emergency Employment Response Program last fall, and the indication was clear that when any of the line government departments were employing people on the job creation program, it was part of the package that every worker had to be guaranteed their entitlement under the Labour Standards Act as part of their job, so that if, in fact, they were entitled, if they were asked - because under Labour Standards you can be required to work on a statutory holiday, but if required to work, then you are entitled to the pay laid out in the Labour Standards Act.

The other choice is to give the person the holiday. It is a paid holiday. If they are required to work they get extra pay and that is the provision that I was guaranteed that the government departments, all of them, are instructed to follow the provisions of the Labour Standards Act with respect to the holiday issue during the period of employment on these job creation programs. It was pointed out that it is possible that some of the sponsoring agents and the sponsoring agencies, not one of the line departments, may have done it a little differently and any worker who felt aggrieved could have had the case resolved and always it would have been resolved in line with the Labour Standards Act. I hope that clarifies it for the member.

Motion, that the Committee report having passed the following bills without amendment, carried:

A bill, "An Act To Amend The Labour Standards Act", (Bill No. 32).

A bill, "An Act To Amend The Liquor Control Act, 1973 and The Liquor Corporation Act, 1973". (Bill No.34).

A bill, "An Act To Amend The Election Act Respecting The Holding Of A Plebiscite In The Province", (Bill No. 36).

A bill, "An Act To Amend The Municipalities Act", (Bill No. 39).

On motion, that the Committee rise, report tremendous progress and ask leave to sit again, Mr. Speaker returned to the Chair.

MR. SPEAKER (Lush): Order, please!

I wonder if hon. members would agree, since we have a lot of bills of different types - we have bills with amendments, bills without amendments and bills with resolutions - if hon. members would permit us to divide them that way and that the Chairman would read them three times. I think in that way it would be simpler.

The hon. the Member for Bellevue.

MR. BARRETT: Mr. Speaker, the Committee of the Whole have considered the matters to them referred, have directed me to report Bill Nos. 7, 9, 11, 23, 24, 28, 29, 27, 32, 34, 36, and 39 without amendment and ask leave to sit again.

On motion, report received and adopted. Bill Nos. 7, 9, 11, 23, 24, 28, 29, 27, 32, 34, 36, and 39 ordered read a third time presently by leave.

On motion, the following bills read a third time, ordered passed and their titles be as on the Order Paper:

A bill, "An Act Respecting Elections, Controverted Elections And Election Financing." (Bill No. 1)

A bill, "An Act To Amend The Newfoundland Public Service Commission Act, 1973." (Bill No. 7)

A bill, "An Act To Amend The Liquor Corporation Act, 1973." (Bill No. 9)

A bill, "An Act To Amend The Insurance Adjusters, Agents And Brokers Act." (Bill No. 11)

A bill, "An Act To Amend The Provincial Parks Act." (Bill No. 23)

A bill, "An Act To Amend The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act." (Bill No. 24)

A bill, "An Act To Abolish School Tax Authorities And To Provide For The Collection Of Unpaid School Tax." (Bill No. 28)

A bill, "An Act To Amend Certain Taxation Statutes In Relation To The Payment Or Imposition Of Interest." (Bill No. 29)

A bill, "An Act Respecting The Application And Effect Of Certain Acts Passed In The Present Session Of The Legislature Upon The Revised Statutes of Newfoundland, 1990." (Bill No. 27)

A bill, "An Act To Amend The Labour Standards Act." (Bill No. 32)

A bill, "An Act To Amend The Liquor Control Act, 1973 And The Liquor Corporation Act." (Bill No. 34)

A bill, "An Act To Amend The Election Act Respecting The Holding Of A Plebiscite In The Province." (Bill No. 36)

A bill, "An Act To Amend The Municipalities Act." (Bill No. 39)

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

MR. BARRETT: Mr. Speaker, the Committee of the Whole have considered the matters to them referred, have directed me to report Bill No. 12 with some amendment and ask leave to sit again.

On motion, report received and adopted.

On motion, amendments to Bill No. 12 read a first and second time,

bill ordered read a third time presently by leave.

On motion, a bill, "An Act To Incorporate The Newfoundland Association of Social Workers," read a first, second and third time, ordered passed and its title be as on the Order Paper.

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

MR. BARRETT: Mr. Speaker, the Committee of the Whole have considered the matters to them referred, have directed me to report that it has adopted certain resolutions and recommends that Bill Nos. 31 and 37 be introduced to give effect to same.

On motion, report received and adopted.

MR. SPEAKER: We are going to stop the clock.

Resolution

That is expedient to bring in a measure to authorize the raising from time to time by way of loan on the credit of the Province the sum of $365,000,000 and the additional sum or sums of money that may be required to retire, repay, renew or refund securities issued under an Act of the Province or that may be paid into the Newfoundland Government Sinking Fund.

Motion, that the Committee report having passed the resolution and a bill consequent thereto, carried.

Resolution

That it is expedient to bring in a measure to amend the Tobacco Tax Act.

Motion, that the Committee report having passed the resolution and a bill consequent thereto, carried.

On motion, the following bills read a first, second and third time, ordered passed and their titles be as on the Order Paper:

A bill "An Act To Authorize The Raising Of Money By Way Of Loan By The Province" (Bill No. 31).

A bill "An Act To Amend The Tobacco Tax Act" (Bill No. 37).

MR. BAKER: Order 2, Mr. Speaker.

On motion, a bill, "An Act Respecting Elections, Controverted Elections And Election Financing" read a third time, ordered passed and its title be as on the Order Paper. (Bill No. 1).

MR. SPEAKER: The hon. the President of Treasury Board.

SOME HON. MEMBERS: Hear, hear!

MR. BAKER: Mr. Speaker -

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the President of Treasury Board.

MR. BAKER: Thank you, Mr. Speaker.

Before we go through our brief adjournment and take some time to do other things, I would like to first of all thank the members of the Opposition for the help that we have had in the last while, and the consideration of the bills.

It has been a difficult time, and there have been some points of contention that have shown differences that we have in the House and outside. In spite of the points of contention, we got through an orderly process. We have gone through the business of the Province. We have passed the Budget and have gone through some related bills, and bills that needed to be passed before the summer recess, and it could not have been done without the sensible opposition of members opposite, especially the last while. I would like to simply point that out.

I would like to thank the people at the Table for the help they have given us in the last few months, and the security people, the Commissionaires, the Sergeant-at-Arms, the Pages, who help make this place run smoothly, and obviously, all members who are behind me here, and to my side, who sometimes cause me a little bit of concern, but most times co-operate fully, and I really appreciate it. Finally, I would like to thank the press gallery. There are always a couple in the press gallery. We would like to see a little more coverage, I think I should point out, of the work of some of the committees of the House, and so on. The press gallery is always there and they report what they see going on in the House. We appreciate their presence. Sometimes we may look like we are speaking to them, and they will take note of that.

Finally, Your Honour, I would like to thank you for putting up with some of the things that have gone on here in the last few months and wish you a very pleasant break, Mr. Speaker.

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

MR. MATTHEWS: Thank you very much, Mr. Speaker.

MR. DOYLE: Don't forget the Hansard staff.

MR. MATTHEWS: I just want to echo most of the remarks of my good friend the Government House Leader. Yes, the Hansard staff and all those others he has mentioned, we would like to thank them, as well. It seems like a long time ago that we started this. Most of us are, I think, a little bit tired and weary.

AN HON. MEMBER: Old.

MR. MATTHEWS: A little bit older, hopefully wiser. When the now Leader of the Opposition became leader and I became House Leader, we said at the time that we would try to co-operate where co-operation was necessary, and we said that we would criticize where we thought it was necessary to show to the people of the Province the concerns we had about certain government policies, certain legislation, just things they should be aware of. We tried to do that as best we could with the help of the press and other people.

Having said that, I have enjoyed tremendously working with the Government House Leader. We have established a very good rapport for those of you who haven't noticed. We got things done in our own way. I think the Order Paper that we have just dealt with pretty much tells the story.

I want to thank my own colleagues for their support. At times it has been frustrating and so on. I want to thank members opposite. I want to say to the Government House Leader that when he mentioned about the people behind him. I can understand why he would be very, very concerned when he is facing me with the group that he has behind him over there. Of course, tonight I don't have too much to worry about, because I only have my good friend, the Member for Fogo behind me, so I feel pretty safe.

I want to thank Your Honour for your assistance and your indulgence at times. Your job, I must say, Your Honour -

MR. DECKER: He is just passing through, the Member for Fogo.

MR. MATTHEWS: Well, we will see all about that, I say to the Minister of Health, about who is passing through now once the people of his district finish dealing with him after the Roddickton issue. We will see who is passing through.

Your Honour, what I was going to say is that there are times that your job has to be a most difficult one because we are all guilty at times of being a bit boisterous, noisy and other things, and quite often we don't come to order as fast as we should. So I fully appreciate that position.

MR. HOGAN: Apologizing.

MR. MATTHEWS: And the Minister of Municipal Affairs continues.

I want to thank the Pages, the people at the Table, and members opposite for - and the press. I thank the press twice. The other thing we have to remember, as some members mentioned, Mr. Speaker, that this could very well be the last time for some of us here. It could very well be.

AN HON. MEMBER: You are right.

MR. MATTHEWS: So I guess we should leave on that note, and take notice that some members opposite have been in and out the common room more frequently tonight than most times. I don't know what that means, but it could very well be that this could be the last time we will be here together, some of us. So I want to leave with that feeling, as well. The Premier may have the nerve to call the election in the fall before we come back, and if that is the case, of course, I am sure we all won't return.

MR. BAKER: No, we will be back.

MR. MATTHEWS: I am very, very sure of one thing, that most members opposite will not return.

SOME HON. MEMBERS: Hear, hear!

MR. BAKER: Mr. Speaker, as a final show of the unanimity that we have seen around here tonight, I would like to point out there is something that was overlooked. I am told that we really have to do this by consent of the House, to simply say that the Select Committee, with respect to examination of changing the name of the Province of Newfoundland to the Province of Newfoundland and Labrador, be established - it was never formally done, although we had done it publicly here - and that the following members comprise the Committee: Chairperson, the Member for Eagle River, Vice-Chairperson, the Member for Torngat Mountains, the Members of Menihek, Carbonear, Burgeo - Bay d'Espoir, Burin - Placentia West and St. John's South. This is what we agreed to some time ago, but it was never formally done. Could we have unanimous consent to cite that?

SOME HON. MEMBERS: Agreed.

MR. BAKER: Mr. Speaker, I move that the House at its rising do adjourn until the call of the Chair.

MR. SPEAKER: Before putting the motion, the Chair would like, on behalf of the Table officers, the Sergeant-at-Arms, the Commissionaires and the Pages to thank hon. members for their kind remarks, and for their past co-operation and we look forward to their future co-operation.

On motion, the House at its rising adjourned until the call of the Chair.