November 15, 2018
HOUSE OF ASSEMBLY PROCEEDINGS
Vol. XLVIII No. 42
The
House met at 1:30 p.m.
MR. SPEAKER (Trimper):
Order, please!
Admit
strangers.
If I
may, it would give me a great honour to introduce into the Speaker's gallery
today some visitors from 5 Wing Goose Bay. We have with us Lieutenant Colonel
Stéphane Racle, who's the Commanding Officer at 5 Wing Goose Bay; Master Warrant
Officer David McDowell, 5 Wing Goose Bay; and 5 Wing Mitigation Officer, Mr.
Tony Chubbs.
Welcome
to you all.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Also, I understand in the
public gallery today, I believe over here to my right, we have with us Mayor
Juanita Stone and her husband, Bob, from Red Bay.
We have
a great welcome to you. Thanks for being here with us.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
You can't hide.
Statements by
Members
MR. SPEAKER:
For Members' statements
today, we have the hon. Districts of Cape St. Francis, Humber - Bay of Islands,
Bonavista, and Mount Pearl - Southlands.
The hon.
the Member for Cape St. Francis.
SOME HON. MEMBERS:
Hear, hear!
MR. K. PARSONS:
Thank you very much, Mr.
Speaker.
I rise
today to recognize Ms. Mary Fleming of Torbay, who will be celebrating her 100th
birthday on November 16. This is a milestone that few of us get to see. May has
lived every year of her 100 years to the fullest.
Mary was
one of 13 children born of John and Annie Mahon and, like many in her day, Mary
was taken out of school at an early age to help out at home. Mary later married
Edward Fleming and had children of her own. In her early days, she helped her
husband run a convenience store and barbershop in Torbay.
Mary was
widowed when she was just 40 years old. Following her husband's death, she
closed the store and went to work in retail and the food industry while raising
her children. For a brief period, Mary also went to Churchill Falls and was
among the first group of women to go there.
Mary has
been blessed with good health and has been an active member of her community.
She has enjoyed her independence and drove until she was 89, and remained in her
own home until she was 98. I believe she's the oldest person in Torbay.
Mr.
Speaker, Ms. Mary Fleming is a remarkable woman and I ask all hon. Members to
join with me in wishing her continued good health and much happiness as she
celebrates this incredible milestone, her 100th birthday.
Thank
you very much, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the
District of Humber - Bay of Islands.
MR. JOYCE:
Mr. Speaker, I rise in this
hon. House today to recognize Jamie Brake of Meadows.
Earlier
this year, Jamie was awarded Recreation Newfoundland and Labrador's Volunteer of
the Year Award. This award recognizes a volunteer for outstanding efforts and
invaluable contributions to the development of recreation.
Jamie,
who is also the Mayor of Meadows, has been involved with sports for many years
both as a player and a coach. He avails of every opportunity to complete
training programs and is always eager to share his knowledge and skills with
others.
Because
of his vision to offer recreational opportunities in the town, programs like
Learn to Skate, ball hockey, pond hockey tournaments and many other activities
have been major successes under his leadership. It is not uncommon in the winter
to find Jamie in the early hours of the morning flooding the rink, or in the
summertime ensuring everybody is ready when children arrive for the day.
Jamie
also received NAPE's Community Volunteer Step Up Award this year and in 2019, he
will be one of the hockey coaches for Team Newfoundland and Labrador at the
Canada Winter Games being held in Red Deer, Alberta.
I ask
all Members to join me in congratulating Jamie on this recognition and for his
continued contribution to his community and the province.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the
District of Bonavista.
MR. KING:
Mr. Speaker, imagine making
it to 80 years of age. Now, imagine being committed to an organization for 80
years. That is the case for Frances Sweetland of Bonavista who has been
committed to the guiding movement for 80 years.
Under
the guise of a cake walk, Ms. Sweetland was recently surprised by well over 100
Sparks, Brownies, Guides, Pathfinders and Rangers, past and present, to whom she
is known as Brown Owl. Ms. Sweetland began her lifetime commitment to guiding in
1938 at age eight as a Brownie. She would later become a Guide and Pathfinder,
and serve as a leader, commissioner, and even a cookie conveyer for our area,
amongst other roles.
After
the initial shock wore off, Brown Owl was presented with a number of gifts and
well wishes from those who couldn't attend. The highlight of the evening was
when 80 women each took a flower and formed a circle around the campfire and
toadstool. Each dropped their flower in the basket, offering congratulations or
a story as to what Brown Owl means to them.
For
empowering women for generations, fellow leader Leigh-Ann Ryder said it best:
“Brown Owl was Girl Power before Girl Power was cool!”
Thank
you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
The hon.
the Member for the District of Mount Pearl - Southlands.
MR. LANE:
Thank you, Mr. Speaker.
This
coming Saturday, over 400 players and coaches from the Mount Pearl Minor Hockey
Association will be hitting the doorsteps throughout the City of Mount Pearl, as
well as the Southlands and South Brook areas, as part of their 7th annual Big
Give Food Drive.
This
year they will be joined by a number of other sports groups and community
organizations including Scouts, Cadets, Lions, Kinsmen and many individual
volunteers.
In
addition to door-to-door collection, there will be food bins set up at Mount
Pearl's four grocery stores throughout the day. All food and monetary donations
will be in support of our two primary food banks located at St. Peter's Parish
and Mary Queen of the World. This is a tremendous initiative, which not only
fills a real need in our community but also teaches these young players the
importance of sharing with others and in giving back to their community. I
certainly encourage all citizens to please give generously to this very
worthwhile initiative.
For
residents who may not be home on Saturday morning, I encourage you to place your
non-perishable items in a plastic bag and hang it off your doorknob or lay it on
your front step and a volunteer will pick it up when they canvas your
neighborhood.
An
initiative such as this would not be possible without the hard work and
dedication of many volunteers. I therefore, ask all Members of this hon. House
to join me in commending the Mount Pearl Minor Hockey Association and all of the
other aforementioned community groups, sporting organizations and volunteers for
taking up the challenge to ensure that nobody goes hungry in our community.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Statements by Ministers.
Statements by
Ministers
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Mr. Speaker, I rise in this
hon. House to update Members on the 26th Annual National Conference on
Public-Private Partnerships, which I had the pleasure to attend last week in
Toronto.
This is
an annual conference that is recognized as the world's premier event on
public-private partnerships with participants from across the country.
As I
spoke with participants from the rest of Canada, I was happy to hear their
excitement as they spoke about what our government is doing to provide
large-scale infrastructure projects in Newfoundland and Labrador.
Just
yesterday we began the procurement of a new mental health and addictions
facility – our fourth project since January 2017 where we are partnering with
the private sector to build infrastructure at a cost that is reasonable to
taxpayers.
Value-for-money assessments on long-term care homes in Gander, Grand
Falls-Windsor and Corner Brook, the replacement of the Western Memorial Hospital
and the new mental health and addictions facility have concluded that partnering
with industry will be more cost effective than traditional procurement methods
on these projects.
In this
fiscal climate, this is a smart decision, making it wise for taxpayers' money.
The
Corner Brook long-term care home is under construction, construction on both
long-term care homes in Central Newfoundland and the West Coast hospital will
start in 2019, and the construction of the new mental health and addictions
facility will start in 2020.
All
these infrastructure projects that we are delivering are on time and on budget.
Finally,
at this conference, Cory Grandy, Assistant Deputy Minister for Infrastructure in
the department, became the newest board member of the Canadian Council for
Private-Public Partnerships, recognizing his knowledge and hard work on these
projects that are underway in our province.
Mr.
Grandy and Ms. Andrea McKenna are leading our energetic team in the department
that is embracing these projects to help our government deliver large-scale
projects. They've hit the ground running, and I'm very proud of what they have
accomplished in the last two years.
Mr.
Speaker, these projects demonstrate our commitment to delivering services and
creating jobs for Newfoundlanders and Labradorians, and we look forward to
delivering more infrastructure projects in the future.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
The hon.
the Member for the District of Conception Bay South.
MR. PETTEN:
Thank you, Mr. Speaker.
I thank
the minister for an advance copy of his statement. As the minister would be
aware, our administration supported the concept of public-private partnerships,
and I'm glad to see that his government has adopted work that we had already
started.
The
project that the minister highlighted is very important to the residents of
those regions, and to the province as a whole. We, too, certainly welcome the
construction of these facilities and look forward to their completion.
Mr.
Speaker, I would also like to congratulate Mr. Cory Grandy on his appointment to
the Canadian Council for Private-Public Partnerships. I have worked with Cory in
the past, and it is nice to see his knowledge and competency recognized in this
way. The value that members of the public service such as Mr. Grandy and Ms.
McKenna bring to all projects throughout government cannot be overestimated. It
is important that they be acknowledged for the great work they do.
Thank
you very much.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
The hon.
the Member for St. John's East - Quidi Vidi.
MS. MICHAEL:
Thank you, Mr. Speaker.
I thank
the minister for the advanced copy of his statement. I do have to make a
comment, though. It's easy to have all the infrastructure projects on time and
on budget, when only one is under construction yet.
In the
meantime, I tell the minister that he says P3s are a wise use of taxpayers'
money, but time will prove the inaccuracy of that statement. Auditor General
reports across Canada show that infrastructure, built by P3s, does not save
governments' money in the long term. In fact, the costs are higher.
We have
a government that's running scared from our financial situation, and making
short-term decisions to look like they are saving money, but they won't be
around when the long-term costs of P3s become clear.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Further statements by
ministers?
The hon.
the Minister of Health and Community Services.
MR. HAGGIE:
Thank you, Mr. Speaker.
The World Health Organization has declared November 12
to 18 World Antibiotic Awareness Week.
Antibiotics are used to treat and prevent infections
and illnesses. When antibiotic resistance develops, the antibiotics we use may
not work for some or fail entirely. This means that conditions, like pneumonia
or strep throat, become untreatable.
The number one cause of increased antibiotic resistance
is overuse or inappropriate prescribing for prevention or treatment. Here in
Newfoundland and Labrador, antibiotic usage is the highest in the country.
Through the Provincial Antimicrobial Stewardship
Committee and ongoing work by our partners, Quality of Care NL and Choosing
Wisely NL, we are seeing positive behavior changes in prescribing patterns. This
past year, we have decreased usage by 9 per cent.
All health care professionals have the tools and
resources at their fingertips to help encourage more conversations with
patients. One of the themes of World Antibiotic Awareness Week is Think Twice.
Seek Advice. I encourage people to take the time to have a conversation with
their prescriber to determine whether the antibiotic you are being prescribed
is, in fact, the best course of action.
By working together and learning to use antibiotics
responsibly, we can help prevent antibiotic resistance.
We can ensure the right treatment, gets to the right
patient, at the right time.
Thank you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for
Conception Bay East - Bell Island.
MR. BRAZIL:
Thank you, Mr. Speaker.
I thank
the minister for an advance copy of his statement. Since the discovery of
antibiotics, they have served as the cornerstone of modern medicine; however,
the persistent overuse and misuse of antibiotics in humans and animal health
have encouraged the emergence and spread of antibiotic resistance.
The onus
is on the Department of Health to educate people about the proper use of
antibiotics, so they will not press their doctors for prescriptions that doctors
know they don't need. Such an education campaign will help doctors resist the
pressure to prescribe antibiotics when they are not needed.
People
also need to be warned not to store antibiotics to take when they see fit. It's
dangerous and affects us all. Antibiotic resistance is a nightmare scenario.
What could be more frightening than a serious infection that cannot be treated
because the antibiotics have been so overused that the bacteria is resistant to
all of them. We all must do our part for good health.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Third Party.
MS. ROGERS:
Thank you, Mr. Speaker.
I thank
the minister. With the highest rate of inappropriate use of antibiotics in the
country, it is good to see this improving. And bravo to the folks on the
Provincial Antimicrobial Stewardship Committee, Quality of Care NL and Choosing
Wisely NL for the good work they are doing.
Since
this government cancelled the Adult Dental Program, doctors are reporting the
increased use of antibiotics for recurring dental infections because people
cannot afford dental care. If the minister is serious about decreasing
antibiotic use, he would reinstate the Adult Dental Program that he so
recklessly cut.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
Further
statements by ministers?
Oral
Questions.
Oral Questions
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Mr. Speaker, we can all feel
the tentacles of windy winter reach even into this Chamber.
I have a
question for the Premier: Could he give an update if there have been any
communities negatively impacted by the severe weather to the extent that they
have required provincial assistance?
MR. SPEAKER:
The hon. the Minister of
Municipal Affairs and Environment.
SOME HON. MEMBERS:
Hear, hear!
MR. LETTO:
Thank you, Mr. Speaker.
Yes,
we've had some terrible windstorms in the last 24 hours. There has been a number
of power outages. In fact, some are still ongoing, but our latest information is
that most, if not all, will be back up by 8 p.m. tonight. As of when I left my
office just a few minutes ago, there have been no requests from any community
for assistance in damage that has been done by the storm. Mostly it has been
power outages and that type.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
I thank the minister for that
update.
According to the MHA for Placentia West - Bellevue – and this question is for
the Premier – a tentative deal was struck in August 2018 for the former
Marystown Shipyard after meeting with the Premier, the Mayor of Marystown, the
MHA for Burin - Grand Bank and Kiewit.
I would
ask the Premier, who is paying Kiewit for the asset?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER BALL:
Thank you, Mr. Speaker.
Well, I
think it has been widely discussed publicly about the transfer of ownership
between Kiewit to the Town of Marystown. It's something that we've been actually
working with Kiewit. This is an asset that's been available. We see it as a
strategic asset for economic development on the Burin Peninsula, and that is the
reason why we got involved. That asset has been there for quite some time
bringing really no work and no value to the people of the Burin Peninsula.
The Town
of Marystown has always looked at that and saw significant opportunity for
employment and development in that area, and particularly around the aquaculture
industry that is developing on the Burin Peninsula. So, Mr. Speaker, that is the
reason why we got involved, to help facilitate a transfer of that asset into the
community of Marystown.
MR. SPEAKER:
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
I'm sure the government of
the province has laudable intentions, but the question had to do with how was
Kiewit, who owns the property, which is a private enterprise, being paid and
from where is the money coming from?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
So, Mr. Speaker, right now
the way it will look, the money to Kiewit will come from the community, the Town
of Marystown to support the transfer of the asset into the Town of Marystown.
And, hopefully, what you'll see then is that at some point, as has been publicly
discussed, there would be a company that would move in there and create a centre
of excellence for the aquaculture centre on the Burin Peninsula.
There is
an asset right there that exists that could bring economic impact to the Burin
Peninsula. The Town of Marystown are showing significant interest in making sure
that asset brings employment to their community, indeed to the whole province.
That is
our job as government, to help facilitate the movement of those strategic assets
so they can be used appropriately for economic development.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
The hon.
the Leader of the Official Opposition.
MR. CROSBIE:
Indeed, Mr. Speaker, we can all share the goal of facilitating employment and
growth in the province.
The
question, rather, was specifically as to: Where is Marystown, who's not known to
us as having a large war chest for these matters, getting the money, and what is
the purchase price?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Thank you, Mr. Speaker.
I think
the Leader of the Opposition is suggesting that the community of Marystown is
not capable. That's what he's saying, that's what he's suggesting. That the
community of Marystown is not capable of getting involved in economic
development in their own community, Mr. Speaker. I have more faith in a
community the size of Marystown. I have more faith in the work they can do to
actually bring employment to the Burin Peninsula.
I have
more faith in the community of Marystown, obviously, than the Leader of the
Opposition. Maybe his chief of staff doesn't feel that way, I'm not sure. Maybe
this is the discussion he's had with him. Maybe he needs to be included in this
decision, but the money for the transfer of that asset to the community of
Marystown will come from the business arrangement that, hopefully, Marystown
will be able to get involved to bring jobs to that community.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Mr. Speaker, I realize that
Standing Order 26(5) does say that: “A Minister may in his or her discretion
decline to answer any question.” This is a creative way of doing that.
I would
ask the Premier. Did the former Liberal candidate in the Winsor Lake by-election
attend the meeting to which I referred earlier?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Mr. Speaker, the meetings
that I had was with the Town of Marystown. I don't know which meeting you're
referring to but there were quite a few that I would have had with Kiewit, with
the Town of Marystown. At that point, there was no MHA from anywhere in any
by-election or any election. It was with the community of Marystown and with the
officials of Kiewit, including the MHA who done a remarkable job in advocating
on behalf of the Burin Peninsula, Mr. Speaker.
We want
to bring jobs to the community of Marystown. We want to make sure that the Burin
Peninsula is well established to be actually involved in the aquaculture
industry on the Burin Peninsula, unlike the deal that you could not get done,
that your administration could not get done in 2015.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon.
the Leader of the Official Opposition.
MR. CROSBIE:
The Premier is fond of
attributing to me histories that I don't have, such as having had an
administration already.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
I remind
Members –
MR. CROSBIE:
The question is, has the
environmental assessment been completed? And, if so, do we know the cost of the
cleanup?
MR. SPEAKER:
The hon. the Minister of
Municipal Affairs and Environment.
MR. LETTO:
Thank you, Mr. Speaker.
We have
engaged a consultant to do an environmental assessment of the Marystown
Shipyard. As a former mayor of a town that I spent many years in, I take
exception to the fact that he's alluding to the fact that Marystown is not
capable of doing their own economic development.
Mr.
Speaker, we will work with the Town of Marystown to make sure – we'll do what we
can to make this deal happen. The consultant's report is due in the next few
days, and when that report comes in we'll assess it and we'll make our decisions
accordingly.
Thank
you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Well, the salient fact I get
out of that is that the assessment is due in the next few days.
Who
assumes these liabilities – if I might ask the minister that – as well as future
liabilities?
MR. SPEAKER:
The hon. the Minister of
Municipal Affairs and Environment.
MR. LETTO:
Thank you, Mr. Speaker.
That's
something we'll have to assess when the consultant's report comes in. We have no
idea what the consultant is coming back with at this point. We do know the
report is being done and the assessment is being done strategically and very
thorough. When we do get the report, we'll have a better idea what's involved in
that, and we'll make our decisions accordingly.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
May I ask the minister, or
any other minister who could answer this: Has the Minister of Municipal Affairs
authorized the town to take over ownership of the former shipyard?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Mr. Speaker, the line of
questioning that's coming from the Leader of the Opposition, and the
conversation that's actually occurring to his right about they've done the deal
– he's saying that the administration that he had served in, that they had done
the deal. If they had done that deal in Marystown, why are we asking those
questions today?
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
PREMIER BALL:
Mr. Speaker, what we're
talking about here – thank you, Mr. Speaker.
MR. SPEAKER:
Please proceed, Premier.
PREMIER BALL:
Thank you, Mr. Speaker.
So what
we're talking about here is trying to facilitate a transfer of an asset, on the
Burin Peninsula, for economic value, into the community of Marystown. They are
prepared to take this on for economic development.
We are
not talking about an environmental liability, like Abitibi, that the former
administration put through in 2009, which put a burden on the taxpayers in this
province. This is not about Abitibi –
MR. SPEAKER:
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon.
the Leader of the Official Opposition.
MR. CROSBIE:
The Premier, again, is fond
of sending zingers past my head, because I know nothing of the events to which
he refers.
Has the
Minister of Municipal Affairs authorized the town to take over ownership?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Thank you, Mr. Speaker.
We will
work with communities in Newfoundland and Labrador, no matter where they are. If
there are economic opportunities that are available through them, we're more
than willing to work with them.
I am
very surprised today to see the Leader of the Opposition who is not aware at all
that the party that he now leads, the liabilities that were passed on to the
people of Newfoundland and Labrador, as a result of the expropriation of the
Abitibi assets.
So is
the Leader of the Opposition saying today, as he stands and asks questions, that
he is not aware of the expropriation of Abitibi?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Mr. Speaker, I think we've
gotten all we can squeeze out of that particular question, and the government
may wish to take note that the Minister of Municipal Affairs will have to be
involved to make this lawful.
Again,
for the Premier: Can you confirm that there were other parties interested in
obtaining the Marystown shipyard, including the Burry group in Clarenville? And
did you have discussions with other parties?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Mr. Speaker, I met with
Kiewit and, at that point, they were not able to facilitate or close any deal,
including the people that you just mentioned, and others.
Mr.
Speaker, this was a private company that was looking at for saying –
AN HON. MEMBER:
(Inaudible.)
PREMIER BALL:
Mr. Speaker, I take exception from the Member opposite who is heckling and
saying that they were not Liberals. That is not true and I ask, Mr. Speaker, if
you would ask her, ask the Member opposite to just withdraw the statement that
she made across this floor. That is not accurate what she's saying. Our job was
to try and facilitate the economic development in the community of Marystown,
Mr. Speaker.
MR. SPEAKER:
There is no point of order to
the question; please proceed.
PREMIER BALL:
And our job there, the
community of Marystown, with Kiewit, they put together the proposal that was
accepted by Kiewit.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
It's not productive, in my
submission, that during Question Period the parties involve themselves in
dialogue with other people than the one asking the question.
So,
final one on this for the Premier: When does the Premier expect the deal to
close?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Only when it's ready, Mr.
Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Question for the Minister of
Finance, I ask the minister: Does he take refuge in Standing Order 26(5) which
says he may, in his discretion, decline to answer any question; or did he find
out the names of the shareholders in the numbered company that owns the land
leased to Canopy Growth?
MR. SPEAKER:
The hon. the Minister of
Tourism, Culture, Industry and Innovation.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. MITCHELMORE:
Thank you, Mr. Speaker.
This
gives me a great opportunity to talk about the significant industry and jobs
that we are creating for cannabis here in Newfoundland and Labrador since it
became legal.
We have
been able to incentivise and get over 400 jobs that are going to be coming
through retail and production. The ones on the West Coast are going to be valued
at $54,000 in annual salaries, 120 production jobs; no money from the provincial
government, no risk – all the risk is with the company to sell and produce here
in Newfoundland and Labrador.
Whereas
the Member for Fortune Bay - Cape La Hune wanted government to take unlimited
risks. With a product like cannabis, you could import your product and then
export it, and then a company under an EDGE status would have to pay millions
and millions of dollars – the province would, the taxpayers – to ship out that
product for no value in return.
We have
a good deal.
MR. SPEAKER:
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Again, for the Minister of
Finance: Did somebody tell him not to answer my question?
MR. SPEAKER:
The hon. the Minister of
Tourism, Culture, Industry and Innovation.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. MITCHELMORE:
Thank you, Mr. Speaker.
One
thing I can say is that by having two cannabis production facilities here in our
province, and hopefully more – we want to see growth. I've been saying time and
time again that we've been behind when it comes to cannabis production in the
country. We didn't have any licensed facilities and now we're leapfrogging other
provinces. We're finding ways to develop the supply chain, R & D and other jobs
that are going to be created because of the incentive program that we have
developed – that template. We've been able to secure supply through the
contracts that we've put in place. There are a number of matters that are
happening.
What the
Member opposite is talking about is a private business matter. It's the same
thing that he was talking about earlier in his line of questions, asking
questions about business-to-business deals that would happen outside (inaudible)
–
MR. SPEAKER:
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Question for the Minister of Transportation and Works: Is his department
monitoring the moose fencing pilot project on the Trans-Canada Highway near
Gallants, and what are the results?
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Mr. Speaker, we are always
monitoring accidents on our highways in our province, and we'll always work to
ensure that the safety of our motorists is taken into consideration.
Mr.
Speaker, we work with SOPAC. I met with SOPAC just a few weeks ago on ongoing
discussions. I'm actually attending SOPAC's AGM on Saturday. We want to continue
to work with SOPAC. Moose fencing is something that we've certainly looked at.
We know the Members opposite were a part of a pilot project that was a flop with
the detection system on the highway. We want to find the best way for the safety
of the people of our province and on our highways.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Official Opposition.
MR. CROSBIE:
Just so we're all clear on
this, is the minister saying that his government will consider adding to the
inventory of moose fencing?
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Absolutely, Mr. Speaker,
we're continuously looking for opportunities to improve safety on our highways,
and we're obviously looking for ways to do that. One of the main things we do is
brush cutting, and that's why we dedicate $2 million a year to brush cutting,
and as well working again with groups like SOPAC.
But yes,
we do look at moose fencing as a possible measure to help improve safety on our
highways.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for
Conception Bay South.
MR. PETTEN:
Thank you, Mr. Speaker.
My
question is to the Minister of Transportation and Works. Minister, yesterday you
admitted in the House that the numbered company involved in Canopy Growth
requested a meeting with your department.
You said
there was no meeting, but I ask the minister: Who from that numbered company
reached out and asked for the meeting?
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Mr. Speaker, I just have to
go back in my preamble to yesterday, and I take some offence to the questioning
from the Member opposite. At one point yesterday, he actually asked me to come
clean. Well, I can assure the Member opposite, I'm clean. Everything I do is in
the best interests of the people of Newfoundland and Labrador and the taxpayers.
SOME HON. MEMBERS:
Hear, hear!
MR. CROCKER:
I'm not interested, Mr.
Speaker, in going into the gutter with the Member opposite. What I clearly said
yesterday, very clearly said, there was an inquiry from the company –
AN HON. MEMBER:
Check
Hansard.
MR. CROCKER:
Exactly, you can check
Hansard.
Engineers in the Department of Transportation and Works, the very same competent
public servants that a few minutes ago he was complimenting, had a conversation
with an engineer from that company, which went no further.
Thank
you very much, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for
Conception Bay South.
MR. PETTEN:
Thank you, Mr. Speaker.
Well,
this is a simple question: Who requested the meeting?
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Mr. Speaker, there was no
meeting. He's fishing without a hook again.
SOME HON. MEMBERS:
Oh, oh!
MR. CROCKER:
It's unreal that the Member
continues to ask these questions.
There
was no meeting. There was a 10-minute conversation between two engineers. One of
the things being in Transportation and Works, I often got to say, is I'm not an
engineer. Mr. Speaker, that was a very technical discussion and that was it.
There
was no meeting. There was no meeting. There was a request come in from a company
about a piece of land, and in my next answer I will explain to the Member how
this happens through the Registry of Deeds.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for
Conception Bay South.
MR. PETTEN:
Thank you, Mr. Speaker.
And that
was my question, who requested the meeting? I knew he said they never had a
meeting. He said there was a request in, simple question.
So I'll
ask: Minister, were these two engineers discussing the transfer of land on Mews
Place for $1 to the numbered company?
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Mr. Speaker, it's unreal.
I can
assure you, our engineers in our department are not the people that discuss land
sales. It's the people in the Lands division that go out and assess value.
So if a
company in this province wanted a piece of land which is owned by Transportation
and Works and owned by the people of the province, they would go to the Registry
of Deeds. You'd walk into 59 Elizabeth Avenue, and you'd go in and you'd see the
land that the province owns – currently over 50 pieces of land in St. John's
belong to the people of the province – and then they would reach out to us,
which this company did, reached out to T & W and inquired about this land.
There
was no meeting. There was a conversation that ended very quickly after the two
engineers had a discussion.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Thank you.
The hon.
the Member for Conception Bay South.
MR. PETTEN:
Thank you, Mr. Speaker.
So we
know that the officials in the minister's department were discussing the land on
Mews Place. So once again, that's confirmed. He won't tell us who requested the
meeting but we know they were there.
So once
again, I ask: Minister, did you or the Premier's office give direction to your
officials to transfer this land for $1 to the numbered company? Simply answer
the question.
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
MR. CROCKER:
Absolutely, positively, not.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
I'd like
to ask the Minister of Natural Resources: Has Nalcor cancelled the Astaldi
contract for Muskrat Falls?
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
Thank you, Mr. Speaker.
We have
been advised that they have indeed done so.
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
I think
the minister indicated it has been cancelled. My understanding is there was 30
days from the time that notice was given to come off the site to Astaldi to
make, I guess, known that they could carry on. So I assume within that 30 days
Nalcor decided that it could not occur.
I ask
the minister. What contract obligations, and now for securities and bonds, what
has been triggered in the contract to protect what's left there in bonds and
securities?
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
Thank you, Mr. Speaker.
These
are important legal matters, and it is before the courts. As we can all
appreciate, we want to ensure that those sureties are there because there are
requirements moving forward. It is before the courts as we speak, Mr. Speaker,
and as that process unfolds, I'm sure we'll be advised how things will progress.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Mr. Speaker, so the
cancellation of the contract, does that impact the payment of non-union
employees who haven't received payment for pensions and health benefits and for
the non-unionized employees that are still not paid to date?
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
Thank you, Mr. Speaker.
As I've
advised this House several times this week and I think last, Nalcor has been
working with a surety to work towards payment of wages for workers that stayed
post the stop-work order of October 20.
As I've
said in this House before, on October 18 the stop-work order was made. All
employees were paid up until the 20; all employees, both non-unionized and
unionized.
Subsequent to October 20, there were a number of employees at the request of
Astaldi who did stay on to do further work, Mr. Speaker. Nalcor is working with
the surety to try and arrange payment, but that is – we were waiting on
information from Astaldi.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
Mr.
Speaker, I know in Question Period some days ago the minister referenced a
figure of $400 million.
Could
she indicate what security and bonds are triggered now in the contract and
what's the amount there to protect wages and penalties for work that's not
completed by Astaldi up to date?
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
Thank you, Mr. Speaker.
I did
say in the House there are securities, there are sureties, and there are letters
of credit to the total of $400 million. I don't have it at my fingertips what
the breakdown is for each of those. I wouldn't want to hazard a guess this
afternoon, Mr. Speaker. I think I know the levels but I'll check on the exact
ones which are letters of creditors which are surety.
Please
be assured, there has been a lot of work done; 95 per cent of the work has been
done by Astaldi. The critical path has not been impacted. We don't have any
anticipation of any challenges to first electricity.
Mr.
Speaker, things are happening at the site today.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
I thank
the minister for that information.
She did
indicate that the work – we heard a figure before, 90 per cent completed. So,
obviously, there's a piece of work that's not completed.
Is the
minister saying there is no adjustment to the first power indication? If work is
not completed, has a process been initiated to have that work completed by
another contractor?
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
These are very important
questions, Mr. Speaker.
I have
been advised by Nalcor that the Astaldi work is 95 per cent complete and that it
has no impact on the schedule, that the critical path is still being maintained.
The work
of other contractors is ongoing. There is some outstanding work by Astaldi that
they are making arrangements to have completed. That process is ongoing.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
Could
the minister advise what the value figure is of the Astaldi work that's not
completed to date?
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
Thank you, Mr. Speaker.
As I
said, these are legal matters that I would like to consult with Nalcor to ensure
that I have the correct figure as to what dollar figure there is in outstanding
work.
I'm sure
the Member opposite can appreciate, we want to make sure that we are protecting
the work of Nalcor as we move forward in this project, but I will endeavour to
find him some kind of an answer that would be satisfactory.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
This
issue we brought up here in the House, I'm just wondering – the minister for
updating the general public. We haven't heard from the CEO of Nalcor or anybody
else on this issue.
Was
there a plan to update the public on this particular aspect of the project?
MR. SPEAKER:
The hon. the Minister of
Natural Resources for a short response, please.
MS. COADY:
Thank you very much, Mr.
Speaker.
I'll try
to make a short response. Obviously, things are progressing through, from
October 18 to 20, making sure that people got home safely, making sure that
their wages were paid. Now Nalcor is working on the surety for subsequent wage
payment to the workers that stayed on the site.
All
those things are the most important first steps – are now moving towards the
next step of Astaldi's contract being terminated. And the next step after that,
of course, is determining who can fulfill the work that is outstanding.
I'm
sure, in the near future, we'll get more updates.
MR. SPEAKER:
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Third Party.
MS. ROGERS:
Thank you, Mr. Speaker.
Yesterday, we learned the Waterford Hospital replacement will be built using a
public-private Design Build Finance and maintenance model, a P3. This is will be
the fourth one government has commissioned.
I ask
the Premier: When Auditors Generals across the country have reported P3 models
have cost far more than they should have, why does he persist in saying P3s will
be good for the province?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Thank you, Mr. Speaker.
Well,
we've engaged a number of consultants that have significant experience in doing
this work across the country and the value-for-money analysis that have been
done has come out that Newfoundland and Labrador would be the beneficiary.
Mr.
Speaker, what is very different than what we seen from prior administrations in
this province is that work, for instance, on the replacement for the Waterford
Hospital, or the Western Memorial Regional Hospital and those long-term care
sites, the services inside those facilities would be done by public sector
workers in Newfoundland and Labrador. That's a very important and a very
different distinction that we would have seen from the previous administration.
I can
tell you now when you speak to the residents and the people who are looking
forward to seeing those replacements of the buildings, they see this as a
benefit for all Newfoundlanders and Labradorians.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Third Party.
MS. ROGERS:
Mr. Speaker, EY was paid $1.7
million to evaluate the best financial model for building a P3 facility in
Corner Brook. EY drew up comparison budgets and then recommended a P3 project.
Then the same firm, EY, was given the procurement contract for this new project.
I ask
the Premier. Can he explain this very apparent conflict of interest?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Mr. Speaker, when you look
for the consultants that are equipped and have the resources to do this work,
companies like EY in this particular case was the group that was chosen by the
department and by this government.
Mr.
Speaker, this really comes down to value for money for Newfoundlanders and
Labradorians and the cases that we looked at, in all those cases, the value for
money Newfoundland and Labrador would be the beneficiaries of that.
People
in this province have been waiting for the replacement of the Waterford Hospital
– it was opened in 1855. The best opportunity that we had to get a new facility
for mental health patients in this province, Mr. Speaker, was to use this method
and the value-for-money analysis that was done showed that Newfoundland and
Labrador – this was the best option that we could use.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Third Party.
MS. ROGERS:
Yes, Mr. Speaker, we
absolutely do need a replacement for the Waterford. If the Premier is so
concerned about value for money, I ask the Premier: Will he invite the Auditor
General to review the P3 contracts now going forward and report to the House on
her findings about this value for money?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Mr. Speaker, in this
province, the Auditor General can come into the departments as that office so
desires. In this particular case, I would welcome the Auditor General to go in
and look at the analysis that was done.
As a
matter of fact, Mr. Speaker, I would even welcome the Leader of the Third Party
if she so sees fit that she has the expertise in dealing with all of this, if
she is so comfortable that there was a mistake that was made here and she wants
to slow down this process, I would encourage her to come on and speak to the
department herself, rather than sit in this House here, come and look at the
information, get the technical analysis that has been afforded for you. I think
you've done this already.
Mr.
Speaker, we've done the analysis. The value for money is to the benefit of
Newfoundlanders and Labradorians who are waiting to get those new buildings in
place.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for St.
John's East - Quidi Vidi.
MS. MICHAEL:
Thank you very much, Mr.
Speaker.
We look
forward to hearing of the invitation by the Premier to the Auditor General.
The
people of the province are learning too late that the Muskrat Falls boondoggle
could have been avoided if all the facts had been made public.
I ask
the Premier, before he embarks on multiple mini-Muskrats will he make all P3
financial documents public so it can be determined if these –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS. MICHAEL:
– projects are truly saving
money and are in the best interests of the people?
MR. SPEAKER:
The hon. the Premier.
PREMIER BALL:
Thank you, Mr. Speaker.
Well,
the former leader of the Third Party, Mr. Speaker, sat in this House, as I did,
from 2011 to 2015 in Opposition at that point in time. I think the former leader
of the Third Party recognizes the position that I had taken on the Muskrat Falls
Project, Mr. Speaker.
I did
not need an inquiry at the time, did not need people – we did our own
assessment. We knew at that point that this project was not the best project for
Newfoundlanders and Labradorians. I think the Member opposite would know that.
We sat through filibusters here trying to slow down this project. We fought to
have it put in place, put to the Public Utilities Board, the former
administration refused to do that, Mr. Speaker.
I will
assure you that any future developments in this province will be to the benefit
of Newfoundlanders and Labradorians (inaudible) –
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The time
for Oral Questions has ended.
MR. BROWNE:
Point of order, Mr. Speaker.
MR. SPEAKER:
A point of order, the Member
for Placentia West - Bellevue.
MR. BROWNE:
Thank you, Mr. Speaker.
I rise
on Section 49 of the Standing Orders. During Question Period there were
questions raised with respect to the Marystown Shipyard. While the Premier was
responding to one of those questions, the Member for Fortune Bay - Cape La Hune
made a comment, heckling the Premier, saying that we were searching for a
Liberal to purchase the Marystown Shipyard. We're just trying to put the people
of Marystown back to work and they expected better of the Official Opposition,
Mr. Speaker.
I ask
that you ask the Member to withdraw the comment.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Do I have any speakers to the
point of order?
I don't
see it as a point of order. It is a disagreement between hon. Members.
Thank
you very much.
Presenting Reports by Standing and Select Committees.
Tabling
of Documents.
Notices
of Motion.
Notices of Motion
MR. SPEAKER:
The hon. the Minister of
Children, Seniors and Social Development.
MS. DEMPSTER:
Mr. Speaker, I give notice
that I will ask leave to introduce a bill entitled, An Act To Amend The Housing
Corporation Act, Bill 40.
MR. SPEAKER:
Thank you.
Further
notices of motion?
The hon.
the Minister of Service NL.
MS. GAMBIN-WALSH:
Mr. Speaker, I give notice
that I will ask leave to introduce a bill entitled, An Act To Amend The Highway
Traffic Act, Bill 39.
MR. SPEAKER:
Thank you.
Further
notices of motion?
Answers
to Questions for which Notice has been Given.
Answers to
Questions for which Notice has been Given
MR. SPEAKER:
The hon. the Minister of
Natural Resources.
MS. COADY:
Thank you.
During
Question Period, I was asked when Mr. Marshall may update on the Astaldi
situation.
There
will be a Quarter 3 call tomorrow, and certainly he'll be available to answer
Astaldi questions at the time.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you very much.
Further
answers to questions for which notice has been given?
Petitions.
Petitions
MR. SPEAKER:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Thank you, Mr. Speaker.
At a
time when the people of Newfoundland and Labrador are dealing with high levels
of taxation, increased unemployment rates, increased food bank usage, increased
bankruptcies, many are being forced to choose between food, heat and
medications, Newfoundland Power and Newfoundland and Labrador Hydro are
continuing to seek numerous power rate increases through the Public Utilities
Board. Once the Muskrat Falls Project comes online, these rates are predicted to
further increase significantly to unmanageable levels for the average citizen of
our province. While government has indicated that they are working with Nalcor
to mitigate these rates, they've provided no detailed plan as how they intend to
do so.
Therefore, we petition the hon. House of Assembly as follows: To urge the
Government of Newfoundland and Labrador to publicly provide all the potential
options for rate mitigation and develop a comprehensive, detailed plan to deal
with current and impending power rate increases. This plan is to be provided to
the public as soon as possible to allow for scrutiny, feedback and potential
suggestions for improvement.
Mr.
Speaker, the petitions I have here today are primarily from St. John's, Mount
Pearl, Paradise, Pouch Cove, Conception Bay South areas. And without getting
into it all again, time to time, we all understand that we are looking down the
barrel of a gun in terms of where power rates could potentially go. I understand
that we know how we got there. We know how we got there and we're learning a lot
more every day as we watch the inquiry. As a matter of fact, it's absolutely
infuriating. I have to say, it is infuriating, some of the stuff that's come out
in the inquiry the last couple of days in terms of reports not being provided to
top government officials and so on, allegedly, and not being given all the
information. And it's very, very troubling, to say the least.
But
really what this petition is talking about is not how we got here, it's the fact
that we're here and people have concerns about where the power rates are going
to go. The government has said they are going to look at methods to mitigate
rates. Everyone's glad to hear that, but they're just looking for some detailed
plans as to how that's going to happen.
On a
related note, Mr. Speaker, I'm very glad to see that Newfoundland Power has
reached a settlement agreement on their proposed rate proposal, and for the next
two years rates are going to stay the same as they are. The 8.5 per cent to 9.5
per cent increase in profit margin is now off the table I've been told, and
that's good news. It wouldn't have happened if it wasn't for the people of
Newfoundland and Labrador putting the pressure on Newfoundland Power and putting
the pressure on the PUB. I'm very glad to see that happen. Power to the people.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Thank you.
The hon.
the Government House Leader.
MR. A. PARSONS:
Yes, Mr. Speaker, I'm going
to call Orders of the Day.
MR. SPEAKER:
Orders of the Day.
Orders of the Day
MR. A. PARSONS:
Thank you, Mr. Speaker.
From the
Order Paper, I would call Order 2, third reading of Bill 12.
MR. SPEAKER:
The hon. the Government House
Leader.
MR. A. PARSONS:
Mr. Speaker, I move, seconded
by the Minister of Natural Resources, that Bill 12, An Act Respecting The
Protection Of Intimate Images, be now read a third time.
MR. SPEAKER:
It is moved and seconded that
the said bill be now read a third time.
Is it
the pleasure of the House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, 'nay.'
This
motion is carried.
CLERK (Barnes):
A bill, An Act Respecting The
Protection Of Intimate Images. (Bill 12)
MR. SPEAKER:
This bill has now been read a
third time and it is ordered that the bill do pass and its title be as on the
Order Paper.
On
motion, a bill, “An Act Respecting The Protection Of Intimate Images,” read a
third time, ordered passed and its title be as on the Order Paper. (Bill 12)
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I call
from the Order Paper, Order 3, third reading of Bill 32.
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I move,
seconded by the hon. Minister of Health and Community Services, that Bill 32, An
Act To Amend The Labour Standards Act, be now read a third time.
MR. SPEAKER:
It is moved and seconded that
the said bill be now read a third time.
The hon.
the Member for Cape St. Francis.
MR. K. PARSONS:
Thank you very much, Mr.
Speaker.
I
usually don't get up on third readings, but in this case I have to thank the
minister, the acting minister at the time, for arranging for the people from the
Assessment Agency to come forward. And you, too, Mr. Speaker, myself and you
attended the briefing. I know it was requested by other Members who didn't show
up, but we were very informed of what we got that day. I just want to thank the
people, especially Mr. Martin from the Assessment Agency for coming and spending
an hour or so with us and explaining it.
Again,
in the future it's probably something we should do when we do have questions
about certain bills to get people in like we did. Again, I know you attended the
meeting and I attended the meeting and it was very informative, and I just want
to thank the department for that.
Thank
you very much.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Is it the pleasure of the
House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against?
The
motion is carried.
CLERK:
A bill, An Act To Amend The Labour Standards Act. (Bill 32)
MR. SPEAKER:
This bill is now read a third
time and it is ordered that the bill do pass and its title be as on the Order
Paper.
On motion, a bill, “An Act To Amend The
Labour Standards Act,” read a third time, ordered passed and its title be as on
the Order Paper. (Bill 32)
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I call
Order 4, third reading of Bill 34.
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I move,
seconded by the Minister of Health and Community Services, that Bill 34, An Act
To Amend The Assessment Act, 2006, be now read a third time.
MR. SPEAKER:
It is moved and seconded that
the bill be now read a third time.
The hon.
the Minister of Municipal Affairs and Environment.
MR. LETTO:
Thank you, Mr. Speaker.
I think
the hon. Member had the wrong bills, but that's okay. I do accept the fact that
when this bill was in Committee there was a request from the Opposition to have
a briefing with the Municipal Assessment Agency to get some clarification on how
we could go from three years to one year without costing the MAA any more
resources and any more cost. I think the MAA has come back and pretty clearly
defined how that could happen, is through technology and other means.
In fact,
Mr. Speaker, it's ironic that they would talk about increased cost. Right now,
the cost per parcel of land is $27. That's what it costs municipalities. Because
of what we're doing here today, and because of efficiencies found in the MAA,
there's a good chance that price will decrease – decrease, Mr. Speaker – and not
increase.
I'll
have to say, the hon. Member for Cape St. Francis did attend the meeting;
unfortunately, the Member who requested this briefing did not attend.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Is it the pleasure of the
House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, 'nay.'
The
motion is carried.
CLERK:
A bill, An Act To Amend The
Assessment Act, 2006. (Bill 34)
MR. SPEAKER:
This bill is now read a third time and it is ordered
that the bill do pass and its title be as on the Order Paper.
On
motion, a bill, “An Act To Amend The Assessment Act, 2006,” read a third time,
ordered passed and its title be as on the Order Paper. (Bill 34)
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
Motion
2.
MR. SPEAKER:
Motion 2.
The hon.
the Deputy Government House Leader.
MS. COADY:
Mr. Speaker, I move, seconded
by the Minister of Health and Community Services, the following resolution:
BE IT
RESOLVED that the Member for the District of Harbour Grace - Port de Grave be
appointed Deputy Chair of Committees for the remainder of the Forty-Eighth
General Assembly.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Do I have any speakers to the
motion? Seeing none.
Is the
House ready for the question?
Is it
the pleasure of the House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, 'nay.'
The
motion is carried.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I call
from the Order Paper, Order 8, An Act To Amend The Workplace Health, Safety And
Compensation Act No. 2. (Bill 36)
MR. SPEAKER:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Speaker, I move, seconded
by the MHA for Harbour Main, that Bill 36, An Act To Amend The Workplace Health,
Safety and Compensation Act No. 2, be now read a second time.
MR. SPEAKER:
It is moved and seconded that
Bill 36, An Act To Amend The Workplace Health, Safety and Compensation Act No.
2, be now read a second time.
Motion,
second reading of a bill, “An Act To Amend The Workplace Health, Safety and
Compensation Act No. 2.” (Bill 36)
MR. SPEAKER:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
I am pleased to stand today
to speak to the amendments to Bill 36, An Act To Amend The Workplace Health,
Safety and Compensation Act No. 2. We know that workplace injuries have long
lasting physical and emotional impacts on many individuals and families
throughout Newfoundland and Labrador.
Before I
speak specifically to the amendments we are bringing to the floor of the House
today, I would like to provide you with a brief overview of workplace injury
rates and the improvements we've made. We know there have been significant
improvements in workplace safety in our province. More and more workers are
returning home safely to their loved ones at the end of their work day.
In 2017,
for the third consecutive year, the lost time incident rate due to workplace
injury or illness in Newfoundland and Labrador remained at an all-time low of
1.5 per 100 workers, which is among the lowest in Canada; 92 per cent of
employers in our province are injury free. This is a direct result of the
co-operation and hard work from all safety partners including employers,
workers, labour, industry safety associations, training providers and
government.
As an
example, our province now has eight mandatory safety training programs that are
standardized and regulated for over 60,000 workers each year – about 25 per cent
of the workforce. As a result, the rate of falls from height has declined 31 per
cent since specific training requirements were instituted in occupational health
and safety legislation. Newfoundland and Labrador is the only province with a
provincially regulated occupational health and safety high school course: OHS
3203. We've had a dedicated focus on creating awareness among young workers, and
we can now proudly state that workers aged 15 to 24 lead the province in
workplace safety.
The
injury rate among 15- to 24-year-old workers remains stable in 2017, for the
second consecutive year, with a 1.3 per 100 workers, and remains below the
provincial rate. They consistently have a lower lost-time incident rate than the
provincial rate. Mr. Speaker, these young workers are our future. We must
continue to arm them with workplace safety fundamentals to carry forward
throughout their careers.
Back in
2000, the injury rate was more than double what it is today. Workers today
continue to receive safety training, are more informed on how to identify
workplace hazards and are using safe work practices. We also know the
devastating impacts that workplace injuries are having on workers and families
in our province today.
WorkplaceNL serves approximately 13,000 injured workers in our province every
year. On average, 13 workers are still being injured, or falling ill, due to
their work each day. We know that, in an instant, a person's life can change
forever. For some individuals, the effects are felt for a short period of time,
and they are able to return to work relatively quickly, but for others, it may
last a lifetime.
Reducing
workplace incidents is everyone's responsibility and, together, we must continue
to find ways to ensure that everyone returns home, healthy and safe, at the end
of each workday.
WorkplaceNL remains committed to maintaining a sustainable workplace injury
system for workers and employers in this province. We also remain committed to
finding ways to improve the system. That is why, Mr. Speaker, I am very pleased
today that in this hon. House we will debate an amendment to the
Workplace Health, Safety and Compensation Act to make retirement
benefits available for more injured workers in our province.
The new
retirement benefit will be a one-time lump sum payment of 5 per cent of extended
earnings loss benefits, plus interest. For workers who are previously part of an
employer-sponsored pension plan, the payment will be 10 per cent, plus interest.
This
change will apply to all injured workers who receive extended earnings loss
benefits from WorkplaceNL on or after January 1, 2019. This means that it
applies to workers receiving benefits in 2018 that continue into 2019.
Workers
will receive the one-time retirement benefit when they turn 65 years of age,
even if they are no longer receiving extended earnings loss benefits at that
time. Should an injured worker pass away before the age of 65, their dependant
may qualify for the benefit. I would like to highlight this change, Mr. Speaker,
as the previous program did not pay dependants. Injured workers will have the
flexibility to invest or spend their tax-free lump sum payment according to
their own choice.
Mr.
Speaker, this amendment will make the calculations for retirement benefits
easier to understand, and we have also reduced the paperwork involved. We have
reduced the red tape. Injured workers can expect to receive their lump sum
payment faster than before. Under the previous program, it could take up to two
years to process the more complex cases.
These
amendments will also increase the number of eligible injured workers. In fact,
the previous program excluded approximately 45 per cent of injured workers,
including those who did participate in an employer-sponsored pension plan at the
time of their injury – many of whom were women. Therefore, the new retirement
benefit program is more inclusive and equitable.
Mr.
Speaker, the workers' compensation system in our province is fully funded at
131.6 per cent, as of December 31, 2017. It can now sustain a benefit increase
for injured workers without increasing the average base assessment rate paid by
employers. In fact, the average assessment rate for employers was lowered to
$1.90 per $100 of assessable payroll for 2018, a 31 per cent decrease since
2013. Remaining fully funded ensures the security of funds to pay for the
current and future costs of workplace injury and illness in Newfoundland and
Labrador.
As I
referenced earlier, Mr. Speaker, the positive trends in workplace safety across
our province, along with the lost-time incident rate at an all-time low of 1.5
per 100 workers, has resulted in fewer claims. This, in turn, has led to lower
employment assessment rates. The change in retirement benefits we are debating
in this hon. House today will have an initial cost of $23.7 million. But there
will not be any further additional cost to employers. These costs will be
considered with determining the assessment rates to be paid by employers next
year and will not result in a rate increase at this time.
Mr.
Speaker, over the past several years we have made a number of significant
improvements to workers' compensation system, with a view to improving the lives
of the many individuals in our province who have experienced a workplace injury
or illness.
Mr.
Speaker, back in December of 2016 we announced the implementation of presumptive
cancer coverage for career and volunteer firefighters. Our government recognized
the need for a benefit that firefighters have been seeking for more than a
decade and was already provided in most other provinces.
We also
increased the income replacement rate for injured workers and updated the mental
stress policy to make it more inclusive. These are but a few of the many
positive changes we have made in the workers' compensation system to help
improve the lives of injured workers.
Today
represents one more positive initiative in our efforts to improve the workers'
compensation system for injured workers and their families in Newfoundland and
Labrador. We know this legislation is welcomed by many injured workers in our
province. It is one more step along our path to help reduce the financial,
emotional and physical impacts workplace incidents are having on injured workers
and their families and their communities.
Our
government is proud of the amendment we are debating today. Proud of the fact
that we are making retirement benefits available for more injured workers. This
debate also provides an opportunity to continue the dialogue on workplace
safety. Together with employers, workers, industry safety associations, employer
and labour advocates we continue to build an even stronger culture of safety in
our province.
Workplace health and safety is everyone's responsibility and we will continue to
work together with everyone who plays a role in keeping our workplaces safe as
well as supporting our injured workers.
As I
have stated previously in this hon. House, it is important that we constantly
review and amend our legislation to ensure it is meeting the needs of the people
of our province.
I am
pleased that we are here today to debate this amendment to the
Workplace Health, Safety and Compensation
Act.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Thank you.
The hon.
the Member for Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Speaker.
It's
certainly an honour and a privilege to rise in this House and speak to Bill 36,
An Act to Amend the Workplace Health, Safety and Compensation Act No. 2. Mr.
Speaker, the purpose of this bill, as the minister just outlined, is to amend
the Workplace Health, Safety and
Compensation Act to repeal the currently monthly replacement benefit
that is available to injured workers and replace it instead with a tax-free lump
sum retirement benefit.
First, I'm going to talk a little bit about some of the
background on the bill, Mr. Speaker. The
Workplace Health, Safety and Compensation Act comes under the purview of
Service NL and the Minister of Service NL, of course, is responsible for
WorkplaceNL.
Under
the authority of the act, WorkplaceNL administers a mandatory, employer-funded,
no-fault work injury insurance system, and there are various benefits and
services available to injured workers through WorkplaceNL. The pension
replacement benefit that is being repealed with Bill 36 is one such example of
the types of benefits that are available from WorkplaceNL for those injured on
the job.
What is
the pension replacement benefit, for the purposes of people who may be watching
here today? According to WorkplaceNL's Injured Workers Handbook: if an
individual is receiving compensation benefits from WorkplaceNL and they turn 65
years of age, wage-loss benefits usually cease.
Currently, in such circumstances with the act as it's presently written, in such
instances a person can apply for a pension replacement benefit. In order to
actually receive the pension replacement benefit, the individual must show a
loss of retirement income from either the Canada Pension Plan or a registered
employer-sponsored pension as a result of their injury.
So for
the years they were receiving compensation, they were no longer paying into
these pension funds and, of course, as a result, once they reach 65 their
benefit would be reduced. If that was the case and they were able to demonstrate
their loss of benefits, they may be entitled to the amount of pension lost due
to their work-related injury.
In
describing the current pension replacement benefit, during our briefing
yesterday WorkplaceNL officials noted that the pension replacement benefit is
not payable to a dependent or spouse upon the death of the worker. So, in such a
situation, you have two people living as seniors on a fixed, reduced income and
if the person who is a recipient of the WorkplaceNL pension benefit passes away,
then there is no portion of that that can be availed of by their partner or
spouse.
As well,
45 per cent of potentially, eligible injured workers do not quality for this
benefit once they reach age 65. Often the reason for their inability to qualify
is the difficulty in producing the required documentation to show how they
suffered a pension loss.
The
process of applying for the pension replacement benefit, another current
impediment that was identified is that when you apply for the pension
replacement benefit now, it can be a difficult and lengthy process as the
relevant supporting documents have to be gathered and the actuarial assessments
have to be carried out. We were informed yesterday in the briefing that this can
take anywhere from eight months to two years, which is a fairly lengthy time
frame for those who reach the age of 65 to continue on living without any type
of additional supports.
So with
the amendments that are being proposed in Bill 36, the monthly pension
replacement benefit will be repealed and replaced with a new lump-sum retirement
benefit. It will take effect on January 1, 2019. So we're just about a
month-and-a-half away from that.
Any
individual who is currently in receipt of the pension replacement benefit under
the existing program, however, will stay on the old system. So there is a
provision, Mr. Speaker, for grandfathering those who are already in the
(inaudible) –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS. PERRY:
– system to stay there. But
anyone who turns 65 and is on Workers' Comp in 2019, they will fall under the
new system which is being introduced through this bill.
What is
the new retirement benefit going to look like? Well, it's calculated to be a
percentage of a total extended earnings loss benefits which will either be 5 per
cent or 10 per cent, depending on the circumstance of the individual, plus
interest. It will be 5 per cent for persons just paying into CPP and 10 per cent
for those who have also paid into an employer sponsored pension plan prior to
their injury. It will be a tax-free, lump-sum payment at the age of 65 and all
extended learning loss recipients will receive a benefit if active any time on
or after January 1, 2019.
Mr.
Speaker, a significant change in this new bill, or new law that's being brought
forward, is that the new benefit will be payable to a dependant such as a spouse
upon the death of the injured worker. It is projected that the average lump-sum
payment is estimated to be about $44,000. That will be the average payment.
Officials noted there will be significant upfront costs associated with
switching to the new retirement benefit but they are projecting within the
long-term it should result in savings. There will be an initial cost of $23.7
million to WorkplaceNL's injury fund, but they are projecting that in the long
run this will translate into a savings of $700,000 in annual savings to the
fund. In addition to that, they're projecting that the expense now being paid
out to actuarial services is about $200,000 a year. So that money will be saved
as well.
The
switch to a lump-sum payment is also going to come at a cost to government,
though, Mr. Speaker, because government is a self-insured employer. WorkplaceNL
officials stated there will be added budgetary pressure on some government
departments upfront, but over the long-term there would be a future benefit
liability savings of $4.9 million. What that immediate pressure is going to be
on some government departments upfront, we don't have the information provided
to us on that but it should be reflected in the upcoming budget documents, I
would think, Mr. Speaker.
Officials also noted that the switch to the new model will not impact employer
assessment rates at this time. We were unable to get any clarity with respect to
the quote at this time. We're still a bit unclear as to what that means in terms
of future outlook. Will there be an impact on employers in the long run? Maybe
that is something we can talk about when we get to Committee of the Whole and
see if we can get some more clarity on that issue.
The
positive impacts of the proposed changes were highlighted in the briefing we
had. These include – and I'll just reiterate them again for anyone in the public
who may be watching this with keen interest and are currently recipients of this
benefit that will be impacted.
It is
projected, by department officials, that more people will be covered under this
new retirement benefit because there'll be a greater catchment area in terms of
the need to demonstrate your pension's loss won't be there. So more people, the
4 per cent to 5 per cent of people who are now falling through the cracks will
most likely be encompassed in this new benefit.
It's
predicted that this will be, in particular, of benefit for women, and up to 54
per cent more women will be covered. All extended earnings loss recipients will
receive a benefit. The new benefit will be payable to a dependant upon the death
of the worker, which again is something that isn't happening now and certainly
will be of significant help in reducing financial hardships once a person's
partner has passed on.
Individuals will be treated more equally and the process will be far less
cumbersome for injured workers and WorkplaceNL, so it's anticipated there should
be a substantial administrative savings as well, Mr. Speaker.
Workers'
compensation boards in six provinces now across the country have a benefit
payable at age 65, based on a percentage of financial benefits. And these are –
I'll explain some of them now – Nova Scotia, Ontario and British Columbia
provide for 5 per cent of benefits, while New Brunswick, Saskatchewan and Yukon
provide for 10 per cent of benefits. I guess what the bill here is proposing in
Bill 36 is that the Province of Newfoundland and Labrador will actually be using
a hybrid of these and the rate will be from 5 to 10 per cent, depending on the
individual's own circumstance.
During
our briefing yesterday, WorkplaceNL officials stated that there has been
frustration with the current model, but the real driver to make the amendments
is the growth in the liability of the current system. That liability was $22
million in 2007, which represented about 3 per cent of the value of the injury
fund. But here we are 10 years later, and that amount has grown from $22 million
to $104 million, which represents 9 per cent of the injury fund. And going
forward that number would continue to climb. So by introducing this new measure,
they're hoping to cap the liability where it is and, moving forward, minimize
any future liabilities for the taxpayers of the province, and for the injury
fund – the business taxpayers, I guess.
Officials stated that representatives from the Federation of Labour and the
Employers' Council sit on the WorkplaceNL board and, as such, were consulted.
They said that the response has been positive. It was not indicated whether
representatives of the injured workers or other groups were consulted, Mr.
Speaker. We made some effort to reach out today, but we didn't have a whole lot
of time before the bill was called. So we certainly would like to do more
consultation before really finalizing where it is those most impacted by this
bill, where their thought processes are on these changes.
Officials said that an average of 200 clients will turn 65 each year, and about
12 per cent of clients could have been better off under the old program, as
their monthly payment could have been more beneficial. That speaks more to
longevity, Mr. Speaker, if someone lived a very long life, and they would draw a
monthly benefit. So it's anticipated that about 12 per cent of people will be
impacted by the lump sum.
In terms
of the proposed amendments now, Mr. Speaker, I'll just briefly give an overview
with respect to these. Subsection 2(1) of the act is amendment to add a
definition for employer-sponsored pension plan which includes, under section
(j.1)(i) “a pension plan that is registered with and certified by the
Superintendent of Pensions under the
Pension Benefits Act, 1997 or an equivalent Act of another province or of
the Parliament of Canada; and (ii) a pension plan that is established under an
Act of the province.”
Section
75 of the current act outlines requirements for the pension replacement benefit
paid to eligible injured workers in receipt of wage loss benefits at the age of
65. It is based on the principle of compensation for demonstrated pension loss
and provides monthly pension replacement benefits. It is not payable to the
dependant's spouse upon the death of the worker. But, with Bill 36, section 75
will be repealed and replaced with text outlining details and requirements for
the new retirement benefit.
Just
again, for purposes of increasing awareness to our listening public, the new
retirement benefit will be a percentage of the total extended earnings loss
benefits, plus interest, and it will be a lump sum, non-taxable at the age of
65. The payment will be 5 per cent of eligible earnings for workers without an
employer pension plan, or 10 per cent for those who have an employer-sponsored
pension plan, Mr. Speaker.
All
extended earning loss recipients will receive the benefit if active and in time
on or after January 1, 2019. The new benefit will be payable to a dependant upon
death of a worker. So again, I've said that several times, Mr. Speaker, but it's
important that people realize some of the changes and these are beneficial
changes in terms of the portability of the benefits being payable to a
dependant.
Mr.
Speaker, these proposed amendments will come into effect on January 1, which is
within about a month and a half or so. But we do still have a lot of questions
surrounding the bill. It is a rather significant change and one we certainly
would have appreciated more time to do more research with. Some of the questions
we have outstanding and that we will be posing in Committee of the Whole pertain
to how does this impact the other benefits that a person at the age of 65 would
have. For example, in the past, at the age of 65 you received a monthly benefit,
which was spread over 12 months and factored into your total gross income. From
your total gross income, Revenue Canada determines your eligibility for the
Guaranteed Income Supplement. If you cannot receive the Guaranteed Income
Supplement, you cannot receive the provincial drug card because it's a
stipulation you must be in receipt of the GIS in order to avail of a provincial
drug card.
Many
people think that automatically at the age of 65 you will qualify for a drug
card, but such is not the case. It really does depend on your total gross
income. So how does this impact from a taxation point of view and a calculation
of other benefits that seniors receive? Will this lump sum, then, have to be
written off over the next three or four years and thereby prevent someone who is
on workers' comp from availing of the GIS and drug card?
So,
these are some of the types of outstanding questions that we have and that we
will hopefully be able to get some more clarity on once we get into Committee of
the Whole.
I thank
you, Mr. Speaker, for your time, and look forward to the rest of the debate.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Thank you.
The hon.
the Member for Harbour Main.
MS. PARSLEY:
Mr. Speaker, I'm very pleased
to rise in this hon. House today to speak on Bill 36, An Act to Amend the
Workplace Health, Safety and Compensation Act.
Like all
MHAs in this House, we have heard the stories of workplace incidents that have
forever changed the lives of our constituents. Too many times we see the
tremendous impacts that workplace injuries have on their physical, emotional and
social health.
While it
was just last week that I became parliamentary secretary to the Minister
Responsible for WorkplaceNL –
SOME HON. MEMBERS:
Hear, hear!
MS. PARSLEY:
– I am aware of the
tremendous work that has been done to help improve the lives of injured workers
in our province. I have learned of the tremendous effort that is underway by
many dedicated individuals to help improve the lives of injured workers in our
province.
As the
Minister of Service NL said earlier back in December 2016, our government
announced implementation of presumptive cancer coverage for career and volunteer
firefighters. This coverage represented a benefit that firefighters had been
seeking for a long time, and was already provided in most other provinces. It
means that firefighters diagnosed with specific cancers are presumed to have
contracted the disease as a result of their work, and their adjudication
processing faster through WorkplaceNL.
They can
now receive wage loss benefits, medical aids and certain other benefits through
Workplace NL, while health care costs associated with firefighters' cancer
treatments are paid through the medical care plan.
Earlier
this year, our government initiated a review of WorkplaceNL's mental stress
policy in order to explore options through a modernized approach of work-related
mental health issues, including post-traumatic stress disorder. Changes were
made to the policy to recognize that work-related mental illness issues may be
caused by exposure to multiple traumatic events.
It also
includes events that are an inherent part of our occupation, such as first
responders, witness fatalities. The revisions, all in our policy, to be applied
more fairly across their occupations. The worker must have a diagnosis from a
regulated health care professional such as a physician, nurse practitioner,
psychologist, psychiatrist, and demonstrate exposure to one of our most
traumatic events.
Mr.
Speaker, as the Minister Responsible for WorkplaceNL has indicated publicly on
many occasions, work continues on this very important matter. Our government
also increased the income replacement rate from 80 to 85 per cent of pre-injury
net earnings. This increase has certainly been a benefit to injured workers or
their dependents. It gave us the ability to improve the lives of approximately
13,000 injured workers or the spouses of deceased workers, and that is
significant. It is especially significant given the income replacement rate that
has not increased since 1998.
Mr.
Speaker, last February, WorkplaceNL and Service NL launched a new five-year
workplace injury and illness prevention strategy. This plan was developed in
consultation with injury prevention partners and stakeholders and is aimed at
helping protect workers from hazards in the workplace.
Mr.
Speaker, serious injuries have increased by 21 per cent over the last decade.
These types of injuries can be devastating to injured workers and their
families. We also know that young workers, those aged 15 to 24 years, have a
lower injury rate than the provincial rate. We need to continue to provide a
solid foundation of safety awareness to that generation so they will carry that
proactive safety culture throughout their careers.
Our
workplace safety programs also need to respond to the aging demographics of our
workplace. While we need to maintain a focus on preventing workplace injuries,
we also maintain focus on those who have already been injured. The amendment to
make retirement benefits available for more injured workers in Newfoundland and
Labrador is a wonderful example of this effort.
When an
injured worker turns 65 years old, they will receive a one-time, lump-sum
pension payment of 5 per cent of extended earnings loss benefits paid by
WorkplaceNL, plus interest. Those injured workers who were members of an
employer-sponsored pension program will receive 10 per cent of extended earnings
loss benefits, plus interest. Plus, one of the greatest aspects of this
amendment is its impact on the number of injured worker who were previously
excluded under the previous program. Given it had excluded approximately 45 per
cent of injured workers, this change we're debating today is significant.
I am
proud to stand with my colleagues today on a bill that will have such a
profound, positive impact on the lives of so many injured individuals. It
reminds me of why I chose to serve the public of my district and the province in
the first place – to make a difference. It represents one of the most important
issues we have to tackle as a government for injured workers in Newfoundland and
Labrador.
Again,
Mr. Speaker, I want to say how delighted I am to rise to speak to these
amendments. I think it's important to also highlight, once again, the fact that
there will not be any additional costs to employers as a result of this bill. I
think it's also important to highlight the fact that a dependant spouse will now
be eligible for the benefit should an injured worker pass away before the age of
65. This was not the case under the previous system.
We will
continue to work to improving the workers' compensation system in our province,
for both injured workers and employees. We will also continue our efforts to
help keep safety foremost in everyone's thinking, as one workplace injury is one
too many.
Thank
you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for St.
John's East - Quidi Vidi.
MS. MICHAEL:
Thank you very much, Mr.
Speaker.
It is
good to stand today and speak to Bill 36, An Act To Amend The Workplace Health,
Safety and Compensation Act.
I have
to say, before receiving the bill and being briefed on it, I was not aware of
the situation that existed with regard to the monthly pension replacement
benefit which is paid to people on workers' compensation when they turn 65.
Knowing
what the situation is – and it's been outlined by the minister and also by the
Member for Fortune Bay - Cape La Hune. Knowing the current situation and the
inequities that are in the current situation, I think it's really good that
government is bringing this bill here to the floor. It'll do two things: it will
make things better, both for people receiving the benefit and for their spouses,
especially when the person receiving the benefit dies; and, it'll be better also
internally in government with regard to the red tape. Because even the
administration that's involved is difficult both for staff and also for the
workers receiving the benefit.
We are
told the documentation that the person who is on workers' comp has to produce in
order to receive the benefit is quite extensive. It includes old records of
pension payments, et cetera, and there has to be an actuarial assessment done.
It can go on for months, sometimes up to a couple of years. So it seems to me
the system we have really is not working well, especially for those who should
get the benefits and for their spouses. It's extremely important I think that
the government has taken action on this and has brought this bill forward.
We are
told by the officials that it will not affect employer assessment rates, and I
think that's important as well. So while the lump-sum payment will benefit the
recipient, this new way of paying the benefit will not affect the employer
assessment rates. That's something we would be happy about as well.
Moving
to the lump-sum payment will mean a future liability savings to the government.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS. MICHAEL:
I won't be crass and say
that's the reason the government is doing this. I would hope they're doing it
mainly for the recipients, and I'm sure they are, but it's also not a bad thing
that government will save money by using this new method without the recipients
themselves suffering a loss of income.
Some of
the positive impacts; the average benefit, the lump-sum payment will be $40,000.
The new benefit will be paid to the spouse if the worker is deceased, and more
people will qualify for it. I think that's really important. Fifty-four per cent
more women will qualify – because so many women aren't part of a pension plan
and they will qualify for it.
There
will be no more long waits. A small group who has yet to turn 65 may have been
better off under the monthly payment. If they live long enough, their monthly
benefits might be higher than a lump sum. That's more a possibility for somebody
with a high earning, like a miner at IOC, for example. But it would be a small
group, and the majority, a larger group would benefit from the new system.
There is
one question that we have, and we can ask it in Committee if the minister
doesn't get to it when she stands again, and it has to do with the income tax.
Will CRA consider this lump sum payment taxable income?
I
remember – and we haven't had a lot of time to work on this. I know there was a
good briefing yesterday, but it was only yesterday. But I do have a memory of
something happening a few years ago with regard to payments to public service
sector workers under one of the agreements, and there was lump sum money
involved, and the lump sum payments were taxable under CRA.
So that
is a question for us. People may need a tax-free savings account or a similar
mechanism to spread the money out over a number of years and not be taxed. So it
is a serious question, and I hope that we might get an answer from the minister.
I know
that six other provinces do have some form of lump sum benefit, so perhaps this
is an issue that has been dealt with. Nova Scotia, Ontario and British Columbia
pay out 5 per cent across the board; New Brunswick, Saskatchewan and Yukon pay
out 10 per cent; and we will pay out 5 per cent or 10 per cent, depending on the
source of the pension.
It
brings us in line with several other jurisdictions in the country, which is
good. As I said, perhaps because it already exists, this issue of potential for
its being a taxable income has been dealt with, and I certainly hope that we
will get an answer to that. As it happens, this won't be grandfathered. People
who are the existing monthly benefit will stay in that system. So the new system
is for moving forward. I think it's going to be effective January 1, 2019, so
this coming January.
So we'll
be happy to support this bill, Mr. Speaker.
Thank
you very much.
MR. SPEAKER:
Is the House ready for the
question?
The
motion is that Bill 36 be now read a second time.
Is it
the pleasure of the House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
Carried.
CLERK (Murphy):
A bill, An Act To Amend The
Workplace Health, Safety And Compensation Act No. 2. (Bill 36)
MR. SPEAKER:
This bill has now been read a
second time.
When
shall the bill be referred to a Committee of the Whole House?
MS. COADY:
Now.
MR. SPEAKER:
Now.
On
motion, a bill, “An Act To Amend The Workplace Health, Safety And Compensation
Act No. 2,” read a second time, ordered referred to a Committee of the Whole
House presently, by leave. (Bill 36)
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Mr. Speaker, I move, seconded
by the Minister of Service NL, that the House resolve itself into a Committee of
the Whole to consider Bill 36.
MR. SPEAKER:
It is moved and seconded that
I do now leave the Chair for the House to resolve itself into a Committee of the
Whole to consider the said bill.
Is it
the pleasure of the House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
Carried.
On
motion, that the House resolve itself into a Committee of the Whole, the Speaker
left the Chair.
Committee of the
Whole
CHAIR (Warr):
Order, please!
We are
now considering Bill 36, An Act To Amend The Workplace Health, Safety And
Compensation Act No. 2.
A bill,
“An Act To Amend The Workplace Health, Safety And Compensation Act No. 2.” (Bill
36)
CLERK (Barnes):
Clause 1.
CHAIR:
Shall clause 1 carry?
The
Chair recognizes the hon. the Member for Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
I have a
number of questions for the minister. The first one is: Why are these changes
being made now at this point in time?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
We are now responding to a
request that was in the stat review and the injured workers and individuals who
represent injured workers are looking forward to this change, as is the
Employers' Council.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Can you provide some
elaboration for us with respect to what the proposed changes are being driven
by?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, they are being
driven by the requests from the Newfoundland and Labrador Employers' Council,
requests from the Newfoundland and Labrador labour representatives, and the
individuals.
There
was a stat review completed by the previous administration. There were extensive
consultations done and this was one of the recommendations that was put forward.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
How many
individuals are currently in receipt of the monthly pension replacement benefit?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
I can't get the exact number
that's receiving pension benefit right now. I will get it for you though. There
are 1,300 clients in receipt of WorkplaceNL benefits.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Minister and thank
you, Mr. Chair.
Can you
tell us what the amount of the average monthly benefit being paid to an
individual is currently and, furthermore, can you confirm for this House that
all of those individuals will continue to receive the monthly benefit once the
new system comes into effect?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So, it's done on an
individual basis, as you are aware. Each individual is based under the MCAE for
that particular year and the percentage of their income. I can't give you an
exact amount because the individual range, the incomes are totally varied.
The
individuals that are presently receiving the pension benefit today will continue
to receive the same pension benefit that they're getting. Right up until
December 31, 2018, individuals will be under the old system. January 1, 2019,
they'll be under the new system.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
The lump
sum payment, as we understand it, is going to be tax free. Is the monthly
benefit that individuals are receiving under the current regime tax free as
well?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes, this is a tax-free
benefit and there are 1,200 individuals receiving the pension plan today.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
Are the
lump sum payments for these benefits consistent with what is occurring in other
provinces? I also understand that the average lump sum payment is going to be
approximately $44,000. Is there any data available with respect to what will be
the absolute minimum and absolute maximum of these lump sum payments?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Again, the minimum and
maximum are based on the individual's income. You could have an individual that
was receiving minimum wage when they were injured, or an individual that was
receiving over the MCAE, which is $64,375 right now, and they would get 85 per
cent of that amount. So it's totally dependent on the individual's income at the
time at of injury.
Some
provinces are doing 5 per cent; some provinces are doing 10 per cent. We alluded
to the 5 per cent for individuals who can't prove that they were attached to a
previous pension, so it reflects the different impacts that the injury had on
potential retirement savings into the future.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
The
briefing highlighted the positive impacts that these changes will have on
workers, but can you provide any detail with any items that may have been
considered by your department, with respect to how injured workers might be
negatively impacted with this change?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
As with any income that you
receive in that particular year, it's going to affect your income line;
therefore, what we are doing here is we are allowing individuals – so this is a
lump sum payment at 65. However, the individuals have an option that up to a
year from their 65th birthday – so they can receive this payment. They don't
have to receive it in that calendar year; they can wait until the next calendar
year, but it has to be by their 66th birthday. We are going to give them that
option, so it doesn't have that actual impact on their income on that particular
year.
It's
like with any lump sum payment that an individual receives. It is going to raise
their income for that particular year, but it's not taxable. So that's the
impact.
CHAIR:
The hon. the Member Fortune
Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
Could
individuals, with a more generous pension plan, be paid a lower amount under the
new system?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes, it is possible. The
actuaries use mortality charts, so it's totally dependent on an estimation of
how long an individual would live.
It is
possible that there may be a small percentage of people, that if they stayed on
the old pension plan as it exists today, and they lived longer, they could
receive more money. However, this change is a more equitable and equal change,
and it also enables beneficiaries and spouse to get a payment, which they
wouldn't have gotten before.
So this
type of change to the pension benefit plan allows people to have a lump sum
payment at once, which individuals wanted. If an individual passes away, their
spouse or their dependants could qualify for funding, which they can't now.
If an
individual is on extended earnings loss, let's say, after January 1, 2019 and
they're off for a couple of years and then they go back to work, well, in the
future, at 65, they're still entitled to a percentage of this pension benefit
payout at 65 based on the length of time they were off on EEL. So, there are a
number of benefits with this change that are not existing today.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
Can you
confirm that the tax-free lump sum payment will count as part of an individual's
gross income?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes, it will count as a part
of an individual's income for the year that they received the funding.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
Was any
consideration given to any implications that this could have on individuals who
avail of programs where gross income is a factor in determining program
eligibility, for example, the Guaranteed Income Supplement for seniors, social
housing programs like Newfoundland and Labrador Home Repairs, GST credits,
access to legal aid – can you tell us how this will be impacted?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Right now if an individual
receives a pension plan and it affects their income – they receive that amount
per year, so it's a long term. With this, they're going to receive it in one
year, so it will be an impact on that particular year or when they determine –
when they decide to take it, like within a year.
WorkplaceNL will continue to pay the necessary health care costs related to the
work injury. If an individual has an extraordinary medical cost, they can apply
to the Assurance Plan within Newfoundland and Labrador Prescription Drug Plan.
What I think you're getting at is if this bumps a person's income up so they no
longer qualify, it could happen for that one year that they take the money; but
if they wait until the next year to take it, that will be their income so it may
not effect it the same way.
There
are a very small percentage of people that are in that bracket. But again if you
have extenuating medical circumstances that require the funding, you can qualify
under the Assurance Plan.
This
plan as a whole is a much better plan than the present one that exists today.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
Can you
outline for us what the implications of the proposed changes will be for
employers?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
The cost of the current PRB
program is projected to continue to escalate.
In 2007,
the program liabilities were $22 million. By 2017, they have grown to $104
million. The actuaries are projecting an annual savings of $700,000 in the
benefits cost, plus an additional annual savings of $200,000 in actuarial costs
is expected, compared to the continuing current PRB.
So there
will not be an impact on the employers with this. The employers want this
change. This is a way of being fiscally responsible because this plan is just
growing out of control.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
This is
a very important issue because of course employers are very much a part of this
equation as well, and they are what fund the workers' compensation system, so we
need to ensure that we have balance for both groups.
One of
the difficulties I'm having with respect to being expected to approve this bill
today is we really don't know what the future effects on rates are going to be
for employers. We don't know if the rates will go up or if they will go down.
Has
there been any research into – I know it's clearly stated in our briefing that
there will be no change at this time, but do you have insight with respect to
future as to whether or not there will be increased cost to the employer or a
decreased cost?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Well right now, the injury
fund, we're overfunded. We were 131 per cent and then we had the income
replacement benefit, we went from 80 to 85 per cent which decreased us, and our
objective and goal is to get it to 110.
So, this
right now will not have an impact to employers, and the fund is very healthy,
and funded. In actual fact, I anticipate there will be a decrease in the
assessment rate to employers. That's the anticipation in the next year, not that
this is going to have an impact.
This is
funded, and this will actually be a better program, as we move into the future,
for the employers.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Minister, and
thank you Mr. Chair.
So can
you give us any further detail with respect to how the injury fund itself will
be impacted?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So, December 31 the injury
fund was at 131.6. Our objective and goal is to get to 110.
We
introduced the income replacement rate. We went from 80 to 85 per cent. That
brought the injury fund then down to 124. Again, like I said, we're moving
towards 110. We have one of the lower assessment rates. We're on par to lower
with the rest of Canada. New Brunswick just increased theirs dramatically.
For the
employers, this overall program will actually help make this program more
fiscally responsible.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Minister, and
thank you, Mr. Chair.
Will you
be able to provide some more detail for us with respect to the upfront cost to
government?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
I can, in one second.
Right
now, government – we are aware that between January 1, 2019 and March 31, 2021,
there are 21 employees across different departments. The estimated impact – this
is a total estimation impact based on 44,000 – for January 1 to March 31, about
176,000; from April 1 to March 31, about 484,000; and from April 1 to March 31,
264,000.
CHAIR:
The hon. the Member for
Ferryland – my apologies.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I was
wondering if the minister could just comment on – currently, under the wage-loss
system, it's my understanding that when someone reaches the age of 65 a benefit
could terminate, but there are provisions to allow for – if someone can
demonstrate they have a deficiency in their retirement income from CPP or
registered employer pension plan as a result of it, they may be entitled to the
amount of pension lost due to the workplace injury.
Under
the new system, is there any provision if someone can demonstrate they've had a
loss of other retirement benefit that they will be accommodated with the new
lump-sum payment, or would there be any accommodation for this under the new
system being proposed?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So that is the 10 per cent,
that's the difference. So it's 5 per cent for individuals that cannot show they
have a wage loss from a pension they previously paid into or a pension loss, and
the 10 per cent component is for individuals who can show they had previous
pensions. There is that allotment to allow because individuals show that there
is an actual demonstrated pension loss.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I thank
the minister for that. I'm just wondering, was there any assessment done based
on those individuals you just referenced to be better off or not as well off, or
there would be no significant change in their financial position based on coming
from the old system to the new system to demonstrate retirement eligibility
after 65?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So, overall, this new benefit
is a better benefit. And there's probably – because, again, as I explained
earlier, it's based on mortality rates. So there could be a group of people – I
can't hear, Mr. Chair.
SOME HON. MEMBERS:
Oh, oh!
CHAIR:
Order, please!
Thank
you.
MS. GAMBIN-WALSH:
There could be a small group
of individuals who would live to be 90 or 100 that possibly could have received
more money under the old system than the new one. So that is certainly possible,
but, overall, the new package is better for employers, is better for injured
workers, is better for dependent spouses, dependent children. Overall, it is a
more equitable program, and more people will receive the benefit under the new
program.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Chair.
Would
you be able to provide for us some more detail on the $4.9 million future
benefit liability savings for government as a whole?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So the $4.9 million is a
one-time savings. And the difference between the future liability for government
under the current PRB, in the proposed retirement benefit, actuarial work was
determined that the new model is expected to cost government $4.9 million less
than the current model. So that was actual actuarial work that was completed to
arrive at that number.
Again,
it's based on – they use mortality factors to determine.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Minister.
Can you
provide to us some information – can you explain the growth in the liability of
the current system as it presently stands in terms of its growth to $104 million
where it sits today?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Really, what I can say is,
like, in 2007 it was at $22 million and it has grown to $104 million. So it's
showing that this particular program that we are using is not sustainable and it
is not fiscally responsible; therefore, making this change to a new benefit that
the injured workers support and the employers support is the best way to go.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Minister, and Mr.
Chair.
Can you
tell us which groups were consulted in the drafting of this legislation?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Consultations were done as
part of the stat review that was done in 2013. There were 15 consultations in 13
communities; 65 written and verbal submissions.
So this
was a recommendation from the stat review, this exact change.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Can you tell us if there were any discussions with the injured worker – well, I
know the injured workers through the provincial consultation process, but with
respect to the Newfoundland and Labrador Injured Workers Association, Workers'
Advisor, the Federation of Business, those types of entities. Were any of these
directly consulted?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
During the consultation phase
that happened back in 2013 by the previous administration, they were included in
the consultations. Since then, we've worked with the Newfoundland and Labrador
Employers' Council and the Federation of Labour, which are the representations
at the table.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I wonder
if the minister could comment on the – there was an actuarial analysis done to
see the lump-sum component of it and paying out – when someone receiving
extended earnings loss (inaudible) at 65 is supposed to be paid out until death.
I'm
wondering, in the actuarial analysis, what age was used for both male and
females in doing that analysis?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
I will have to get that
answer for the Member.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you.
So I
guess, in the briefing, am I understanding there was reference made to the
initial cost of about $24 million to the injury fund? But a $700,000 in annual
savings to the fund and an annual actuarial savings of roughly $200,000.
I assume
those numbers are directly linked to the ages that were used for a male and
female in the actuarial analysis to determine what the savings are, because
those individuals who exceed the ages that you used for your analysis, that
would be money that would never be paid out under this system.
So would
that be correct, and these numbers would reflect those changes?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes, and the mortality tables
use the age of 83. So that's correct, what you just said.
AN HON. MEMBER:
(Inaudible.)
MS. GAMBIN-WALSH:
They just came back and told
me the age is 83 in the mortality tables.
CHAIR:
The hon. the Member for
Fortune Bay - Cape La Hune.
MS. PERRY:
Thank you, Mr. Speaker.
This
will be my last question, but I understand my colleagues have a few left as
well.
What is
the plan, once this bill is passed, to inform stakeholders, particularly the
employers and the affected injured workers, about the changes to the retirement
benefit?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
The way it works right now is
that if an individual passes away, for example, the family usually contacts
Workplace Health, Safety and Compensation to say stop those EEL payments. Also,
we have an agreement with Health and Community Services in the event somebody
passes away, to inform us that that individual has passed away.
Workplace Health, Safety and Compensation will contact all individuals who are
receiving extended earnings loss on January 1, 2019, and inform them of this
change to the pension plan.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I just
want to revert to the age that was identified by the minister in regard to age
83, in regard to the actuarial analysis and paying out lump sum. Those
individuals, when they hit the age of 65 in 2019 and they're on extended
earnings loss and they get a lump-sum payment, if those individuals live beyond
the age of 83, they're not entitled to benefits any more from the system, even
though they have a work-related injury.
Is there
any assessment done at that point in time of what programs may be available to
them either provincially or federally to offset the fact at that point in time –
even if they invest their money and they had to draw down, and up the age of 83
after the fact that would be spent. Is there any, after that time, any programs
or any analysis done to what would be made available to them to offset that loss
of income?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Jurisdictionally, no, there
is nothing. We've done jurisdictional analysis on that to see; however,
WorkplaceNL still does provide the medical assistance, and any other programs
and assistance that they provide for injured workers.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I thank
the minister for that. I guess my issue is related to the lump-sum payment
upfront. There are very many pension plans that people are entitled to. Some do
have the ability to provide lump-sum payments, others do not.
I guess
my question is just – in regard to those individuals long-term, they had a
work-related injury. They received a lump-sum at the age of 66 or 67. That
affects – because that is, while it's not taxable, it would go into their annual
income and be reflective of what benefits they could draw down over the next
number of years, because that's probably prorated much like severance. When you
receive severance, if you're entitled to EI, that's prorated over a bunch of
years; therefore, you're not entitled to certain benefits.
Such an
individual, at the age of 84, has not drawn down on any of those benefits
because they were deemed probably not eligible. So I'm just wondering, from that
perspective, at the age of 84, what benefits is that individual entitled to that
had a legitimate work-related injury, but because you brought in this new
lump-sum program they're not entitled to benefits after that point?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Okay. So you're using the age
83-84, that's a mortality table. So that's just a table that the actuaries use
to determine an amount. That's not a factual number, because I could live to be
90 or 95 and I will still receive the benefits that WorkplaceNL give to me for
my health benefits or what have you, but I will receive my lump-sum payment at
65.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
I won't belabour the point,
but my point is you receive that lump-sum payment. So normally, we would hope,
most people would take that and invest it, and they would draw down on that
amount similar to what the wage would be, I suspect, if they had received
biweekly extended earnings loss right up to when they died.
So if
you took that money, invested it and drew down similar to what you would have
earned on the old system, my point is the actuarial age used is 83 or 80 or
whatever, but in that point in time, if someone lives beyond that date, if they
just drew down what they were entitled to every two weeks …
Mr.
Chair, it's hard to hear here.
SOME HON. MEMBERS:
Oh, oh!
CHAIR:
Order, please!
We got
issues with wind blowing here today. It's 50 per cent of the noise, the other 50
per cent is with the Members, and I certainly ask for your indulgence here. I'm
just having trouble hearing the speakers.
Thank
you.
AN HON. MEMBER:
(Inaudible) wind blowing.
MR. HUTCHINGS:
Well, there is wind blowing.
I'd say to the Members, this is an important issue. It's of people's lives, and
that's what this legislation is all about. So we don't think it's wind, we think
it's extremely important. That's why we're asking the questions.
So with
this particular issue, Minister, as I said, if someone receives a lump sum at
the age of 66, they invest it and they draw down on it as if they had gotten
biweekly extended earnings loss cheques up to the age of 83 or 84, whatever the
case would be. The likelihood is they are out of benefits at that particular
time, even if they drew down from their own investment.
My point
is, what individual after that age, what's available to them, who had a
legitimate work injury and after that date basically have drawn down all their
funds?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Mr. Chair, what I can say is
that an individual receives a lump sum and they invest it, they're going to get
the interest on that investment also in addition, as opposed to just receiving
it biweekly.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
Thank you very much, Mr.
Chair.
Minister, I got some general questions. I know the Member for Fortune Bay - Cape
La Hune asked a similar question, but my concern is with a drug card. Once a
person turns 65 and they do get a lump sum of $44,000, is the maximum hat they
can receive, what effect is that going to have on that individual who – because
of their income beforehand, they could use their drug card. Now that they go
into a different tax bracket and have a different income, obviously, it's going
to have an effect on things like the drug card.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So as I alluded to earlier, at 65 years old or one year up to the 66th birthday,
the individual can take this lump sum. So it can be in the future calendar year
as opposed to the present one. It can impact them for that particular year, but
only for that particular year; however, some individuals when they move over to
this pension plan after 65, they have a higher income for a longer period of
time and it impacts them for a longer period of time.
With
this particular one, yes, you're right, it can have an impact on that one year.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
Thank you very much.
Sometimes drug cards are – I'm not sure what the total amount of money is, but
sometimes individuals have to pay out huge amounts for prescription drugs or
whatever it is. In cases where they may receive $20,000, yet they may have drug
expenses that exceed $20,000, is there anything in place for people that are
affected like that?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes. If a worker has
extraordinary expensive drug costs unrelated to work-related injury they may
still be eligible for coverage under the Newfoundland and Labrador Prescription
Drug Plan, the Assurance Plan. So that is possible. There is a possible program
in place.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
So what changes have we made
to accommodate that? Because it's based on a person's actual income of what they
can apply for under that drug card. So what changes have been made to their
prescription drug plan to accommodate people who find themselves receiving, like
I said earlier, $20,000? If their expenses exceed that amount, are there some
changes that have been made to the drug plan?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
The insurance plan exists
today. People with extraordinary costs can apply to that. WorkplaceNL will still
continue to pay an individual's medical costs related to the injury. They will
continue until their death.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
Thank you, Mr. Chair.
My
question is sometimes the drug coverage is not related to the worker's injury,
it can be related to something else, and that's what the drug –
AN HON. MEMBER:
It could be cancer.
MR. K. PARSONS:
It could be anything. It
could be cancer. Someone could get cancer; someone could have some different
kind of ailment. So I'm just wondering, what changes would be made to make sure
that a person who could find themselves – they get this extra bit of money, but
also find themselves in a position where it could cost them extra dollars to
live.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
For that particular year, as
today, they can apply to the Assurance Plan, under the Newfoundland and Labrador
Prescription Drug Plan.
AN HON. MEMBER:
(Inaudible.)
MS. GAMBIN-WALSH:
No.
SOME HON. MEMBERS:
Oh, oh!
CHAIR:
Order, please!
The hon.
the Member for Cape St. Francis.
MR. K. PARSONS:
But, Minister, because their
income is affected by the amount of money that they receive, in some cases, they
won't qualify for these benefits. Because the benefits are based on the amount
of income that you take in and if you show that your income is up over $40,000
or $50,000 then, obviously, your benefits that you can apply for are reduced big
time. So, I'm just wondering.
CHAIR:
The hon. the Minister of
Health and Community Services.
MR. HAGGIE:
Thank you very much, Mr.
Chair.
Maybe I
can shed a little bit of light on this and, hopefully, not muddy the waters.
With regard to financial assessment for the NLPDP and the plans, and indeed now
our home support and personal care home programs, as of November 1 we've moved
solely to an income test; that is line 236 of the CRA Notice of Assessment.
Those areas where there have been pension payouts that have been received by
individuals, CRA, the Canada Revenue Agency, determine what is regarded as
allowable or taxable.
There is
precedent established from other pension payouts where CRA have not regarded
those payouts as lump sum and, therefore, line 236 is not changed as a result of
a one-off, one-time injection of funds from a plan such as that. That
determination is not the jurisdiction of this government. It's federal; it's the
Canada Revenue Agency. I don't know if that helps.
CHAIR:
The hon. the Member for Cape
St. Francis.
MR. K. PARSONS:
Actually, Minister, it does
help a bit but it leads me into another question. I know that there are seniors
in the province that avail of nursing care homes and whatnot, and sometimes it's
based on the amount of money that they have whether they get subsidy to the
homes. So an individual who is applying for a home at the age of 65 all of a
sudden receives a supplement from workers' comp at $64,000, or $44,000, or
$20,000 a year, they won't be able to apply for that supplement because there
you have more than X number of dollars.
An
example I'll give you is that an individual goes to a home and as long as they
have less than $10,000 in their bank accounts then the government can't force
them into paying any more money, so what effect will that have on the
individuals that are applying for long-term care?
CHAIR:
The hon. the Minister of
Health and Community Services.
MR. HAGGIE:
That was, in actual fact, the
substance of the changes we announced to the financial assessment on November 1.
This was what the seniors groups have been lobbying for. It will not matter one
cent how much money you have in your bank when you apply for financial
assessment. You could be a multi-millionaire in terms of cash, but the facts of
the case are if your income, as assessed by CRA online 236, is below the
threshold, you will be eligible for subsidies.
It is
based solely and only on financial income, as assessed by CRA. No other
criteria. Your bank account, investment stock portfolios, whether you have three
cabins in the country, that's all irrelevant. That will not have any effect.
It's line 236.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
The
minister mentioned 236 of CRA, and he indicated there's precedent in terms of
how they may rule on that, but are we expecting them to rule a certain way or
have we got something definitive from CRA in regard to the change you're making,
related to the benefit that's now going to be accrued to an individual, and it's
definitive that it's not going to affect them?
Because
we're going into an area here – if it's definitive that it's not going to affect
them and CRA has ruled on it, well that's fine; that's definitive. But if we're
suggesting we're going to wait and see, and CRA may indeed not rule in the
favour or the individual, well obviously that causes some significant concerns.
And your
drug program now, as I understand it, would not cover an individual in that case
because it's based on income, and they could be over the threshold.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
What I can say is six other
provinces are doing this. What I can also say is that some clients who are
injured never qualify for the provincial drug program, and what I can say is
that it may have an effect on the year that you take it, but just that year, as
opposed to the long-term effect.
So there
may, in fact, be somebody that may be affected if they decide to take it at 65.
If they wait until they're 66, they may not.
CHAIR:
The hon. the Member for St.
John's East - Quidi Vidi.
MS. MICHAEL:
Thank you very much, Mr.
Chair.
I just
want to follow up on the question. The minister mentioned something I said when
I spoke in second reading.
Yes, we
know six other provinces have done it, but I did say in second reading, and now
I'll ask the question: Did the minister and her people actually look at what has
happened in the other jurisdictions from this perspective with regard to CRA?
Did they look at what has happened there?
Have
there been improvements based on the fact it is going on in six other places?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Nothing has been brought to
our attention. So when we did a jurisdictional scan, we didn't find that this
change would have a significant impact to individuals' lives.
So the
answer to your question is, to our knowledge, there is no impact on an
individual. However, there is a potential that there could be, if an individual
takes the income at 65 and it raises them above the threshold that particular
year. If they wait until they're a day before their 66th birthday, it may not
have the same impact.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I just
want to comment on the fact that an individual that turns 65 and having the
knowledge or understanding that if they take it what the implications are going
to be. I'd like the minister just to speak to that in terms of informing people
of the possibility of the significant impact it could have on their medical care
related to their drug card.
The
minister has admitted that in that particular year, depending on when they took
it, it could put them in a situation where the income would disqualify them for
access to, as my colleague said, the actual drug card. So knowing that, is there
any willingness to put in place something that would, in this particular
circumstance related to this pension benefit, to assist them in that year that
they would take that benefit that could disqualify them from the drug program?
Because it could be a significant cost outside the work-related injury. It could
be cancer drugs, it could be a number of areas where they would have coverage,
only for this, and if this would take place then that would be a particular year
where they wouldn't have that coverage.
So is
there any willingness to look at how you might accommodate it in that particular
year and to provide that assistance?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Very important question. Yes,
there is willingness. So everyone will be based on an individual basis. Everyone
will be informed. WorkplaceNL will in fact inform individuals. This is a
conversation I just had with my staff this week about communication and plain
language and making sure that people understand impact. So each person has a
case manager and the case manager will, in fact, speak with each individual to
ensure that they understand the implications.
CHAIR:
The hon. the Member for
Fortune – or, I'm sorry – Cape St. Francis.
MR. K. PARSONS:
A little bit of a difference,
me and her. She's a very nice person; I'm not.
Minister, you just mentioned a minute ago, you said if they want to take it. So
is there a choice to an individual whether an individual, like said earlier when
I talked about the drug card, if a person says, listen, I'm better off if I
don't take this, is there a choice to the individual to take the supplement or
not to take it?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So the pension replacement
benefit, or the retirement benefit, as it's going to be called, will be there.
When an individual turns 65 they can take it at 65, or they can wait until the
next fiscal year to take it at their 66th birthday or the day before their 66th
birthday. That's the latest – between 65 and 66 years old. So you need to take
it, I mean it's a pension replacement benefit. Right now today when you turn 65,
you're no longer receiving the WorkplaceNL extended earnings loss, so it's your
income that you will receive as opposed to your EEL that you're receiving today.
CHAIR:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Thank you, Mr. Chair.
First of
all, I apologize for not speaking to second reading, but I actually had a
constituency issue I had to deal with, so I kind of missed that. I apologize for
that, but I thought it was fairly straightforward. I have some concerns now, to
be honest with you, as this conversation goes on.
First of
all, I'm just seeking clarification from the minister, because I'm listening to
some of the comments the Member for Ferryland – not his most recent comments,
but the ones he made a little while ago, talking about getting your EEL cheque
right up until you're 85 years old and so on.
First of
all, I just want to clarify, because my understanding of the system and what
we're doing here is that basically if someone is on workers' comp, they're
getting their extended earnings loss up until age 65. Once they turn 65 there is
no workers' comp benefit per se. They would then go on OAS, CPP and if they were
entitled to any kind of a work pension or whatever.
Really,
the pension replacement benefit, as I understand it, is based on the fact that
you're saying, look, if I was working for the last 10 years before I was 65 and
I never got injured on the job, I would have paid more money into Canada
Pension, I would have paid more money into my pension plan; therefore, instead
of being entitled to $500 every two weeks – I just chose a random number – from
my employee pension, I would have been getting $600. Now I'm only getting $500
because I hadn't paid into my pension plan. Therefore, the extra money that
person would be getting beyond 65 would be that $100 every week or two weeks
that they're losing on their pension that they would have got had they not been
injured on the job. That's the only amount we're talking about.
What's
being proposed here, as I understand it, is that pension replacement amount that
they would get from workers' comp to say in lieu of the pension money that
you're not getting, we're going to pay all that upfront in a lump sum, a
one-time lump sum. That's what I understand is what's happening here.
So
before I get to another question I just want clarification. Am I sort of in the
right ballfield as to how I'm perceiving this?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Okay. So the individuals that
would have been paying into a pension, like, say government employees, and you
get injured and you lose that pension benefit, you will receive the 10 per cent
because you can prove you had a potential loss from a pension. The other
individuals that can't prove their attachment to a pension would receive the 5
per cent. So there's a 5 per cent and a 10 per cent.
CHAIR:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Yes, thank you, Minister.
I
appreciate that. I'm not necessarily talking about the dollar amount that the
lump sum is. The premise, though, I'm speaking of is the reason why you get that
new benefit, the 5 or the 10, the reason why you're getting the 10 in a lump sum
is kind of replacing the fact, if you will, that had I been – if I never got
injured at age 55, that would have been 10 more years that I was paying into my
pension plan. So that means my pension benefit, when I retired, would've been
higher than what it actually is because I haven't been paying into it for the
last 10 years because I wasn't working.
So what
would've happened in the past is that in addition to me now collecting the
workers' comp benefit, the EEO would end at 65, I would get my OAS, my CPP and
my work pension, if I had one. But in addition to that, workers' comp would be
reimbursing me a monthly amount in lieu of the lower pension cheque because I
had been injured.
What
you're saying is instead of doing that and paying somebody out beyond age 65
month after month, or every two weeks, or whatever it is, we're going to
basically say: Okay, if you live to age 85 we would have paid you X amount, so
here's a lump sum in lieu of that. So we'll make a one-time payment to pay you
for that. Then, once you turn 65, there are no further benefits coming out of
workers' comp. Is that correct?
AN HON. MEMBER:
(Inaudible.)
MR. LANE:
No warnings loss, yes.
Is that
correct?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
Yes. So no more retirement
benefits. You'll receive the retirement benefits at 65. You do get other
benefits from WorkplaceNL, health benefits, assistance and stuff like that.
AN HON. MEMBER:
(Inaudible.)
MS. GAMBIN-WALSH:
Yes.
CHAIR:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Thank you, Minister.
I
understand you can get health benefits and all that, but I guess my point is
that your EEL payments are done. You now go on OAS, CPP and a work pension. You
get a lump sum in lieu of the money you would've gotten to replace the lower
pension. Okay. So we're good on that.
So back
to the other questions which have been raised, then, is that if I get a lump sum
and it's $30,000 or $40,000, or whatever it is, depending on if I had a work
pension or I didn't, or if I could prove I had an attachment to a pension or I
couldn't, there's a set amount, a lump sum. Whether I take that at age 65 or I
take it at 66 – either or, I do have that option – it's either going to impact
my drug card and my ability for other government programs and supplements and so
on at age 65 for one year, or it's going to impact my drug card for age 66.
Whether it's 65 of 66 is irrelevant, the fact is for that particular year when I
collect that money, that's going to impact my ability to a drug card and any
other benefit.
If I had
a lot of medial expenses, beyond my workplace injury – because I'm not talking
about the workplace injury now. I'm talking about maybe I got a heart condition
and I got a load of pills that I have to take everyday and it's really
expensive. Perhaps there's cancer or any other type of ailment that had nothing
to do with my workplace injury, whatever benefit I got in that lump sum is going
to be cancelled out by all the money I'm going to have to pay out of my pocket
because I'm not getting a drug card anymore.
That's
how I understand how this could work. Whether at age 65 or age 66, that is
significant depending on the circumstance. Now, it's fine if you're a healthy
person and you don't need a drug card and you're not – fine, it works out good
for you perhaps, but if you're someone that has a significant medical issue and
would spend a lot of money on prescription drugs for that ailment that's
non-work related, then for that year that you claim that lump-sum benefit, that
is really going to impact you in terms of the money you gain is going to be in
this hand and out the other hand paying for drugs.
The
Minister of Health and Community Services talked about line 236 in CRA, and
that's all fine and good. I appreciate his input, but the fact of the matter is
right here, right now today, having to vote for this, we don't know definitively
– from what I'm hearing, there is no definitive answer to say, yes, we recognize
that could happen and as a result we've put a clause either in this piece of
legislation or going to, or there's going to be a supplemental clause put into
the prescription drug program, for argument sake, to say anyone who receives a
lump-sum payment for workers' comp benefit for this situation, that will not be
counted as income for the purposes of applying for a drug card.
I think
that's what other Members are saying. Unless you can say for sure that
legislation or that change is coming – not it could come; not the case worker is
going to talk to the clients on an individual basis, not that CRA may or may not
have precedent to include it in line 236. Unless we can say for sure there is
going to be a policy, than this is problematic for me, as one Member, because
it's going to be problematic for injured workers.
That's
not so much a question as a statement at this point in time I guess.
Thank
you.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
So what I can say is under
the current pension replacement benefit program, some injured workers'
eligibility for other programs are impacted for the long-term today. So, under
today's program some individuals, when they turn 65, because of their pension
replacement benefit that they receive, they're impacted, as the pension
replacement benefit is paid on a monthly basis for life.
So,
there is an impact today for some individuals. This is not new, but I understand
that you're saying there's a category of individuals that may be impacted for
one year. Yes, that's true. However, today, the plan that exists, the present
plan, there are individuals that impacted for the rest of their life from the
time they're 65-plus.
CHAIR:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Minister, I do appreciate
what you're saying, but I think we have to bear in mind here now – let's say,
for argument's sake, somebody, when they retired, all they're getting is OAS and
CPP, then they wouldn't be impacted. If that's all they're getting, they're
going to apply for a drug card and they're going to get that drug card. There
could be someone who has a small workplace pension and they're going to still
get a drug card, or maybe they'll get – I think at certain levels they got a
proportion one, like we'll pay 50 per cent, or 40 per cent, or there's a sliding
scale.
There
could be an impact based on the overall annual income to say, well, I would only
be getting $10,000 a year on this pension, but I'm only getting $8,000 – because
of my workplace injury; I didn't pay into it.
So now,
under the normal system, we're going to up that $8,000 to $10,000. Could that
have an impact? Yeah. It could add $2,000 or $3,000 onto your annual income, but
we're not talking about adding two or three – and that may or may not have any
impact. It might have zero impact, depending on what your salary is. It could
have a proportional impact.
If we're
going to say to someone, we're going to tack on $40,000 or $50,000 onto your
income from this year, that's going to have a huge impact on somebody who has
significant medical issues, beyond the workplace injury issues that requires a
lot of drugs and whatever else that they would have covered under their drug
card. That could have a huge impact.
As a
matter of fact, potentially – and I know these are examples and you can say
you're cherry-picking the extreme examples. I would say there are people that it
won't impact at all because if you're a healthy person, you don't need a drug
card – you get one, but you never use it, fine. But if you're someone that has
significant medical issues and potentially you're looking at $40,000 worth of
drugs and pills that's now covered by a drug card, now all of a sudden you're
saying that got to come out of your pocket, well guess what? The $40,000 that
you got from workers' comp in this hand you're gonna hand right over to the drug
companies in the other hand; you're getting nothing. Plus the fact you're losing
your monthly benefit you would have been getting.
For
people in that situation, it is a real, legitimate issue and I really believe it
should be addressed.
CHAIR:
The hon. the Member for St.
John's East - Quidi Vidi.
MS. MICHAEL:
Thank you very much, Mr.
Chair.
I'd like
to know from the minister if when making these decisions to come ahead with the
lump sum – because I have to take back what I said in second reading; I'm not
prepared to vote for this bill at the moment. I'm definitely am not because
there are too many questions being left wide open, we're not getting answers to.
When I
look at the problems that were put forward to us in the briefing, the problem
was problems with the existing rules and administration of the benefit as it is.
Was any thought put into looking at the rules that were problematic such as not
transferable to a spouse if the person on workers' comp dies? If the rules were
a problem, couldn't we maintain the same system and make the rules work better?
I mean, I'm very concerned about this, especially when we know that the
consultations took place in 2013, five years ago. I'd be really interested in
knowing what some of those people would be saying now if they saw this bill,
some of the people who were consulted.
As I
said earlier, we haven't had much time to do any research on the bill because we
really only got it yesterday – yesterday afternoon actually. The briefing in the
morning – the bill wasn't even available to go into the hands of people at the
briefing. We didn't get it until the afternoon.
There's
research that needs to be done that we don't have the time to do. I have to ask
the minister, so I'll repeat the question: Did any thought go into looking at
some of the existing problems and deal with changing rules to make the system
that we have work?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
One hundred and four million,
the system that we have does not work. It doesn't work for the employers and it
doesn't work for everyone as a whole. Also, the fact that the changes that were
made were the changes that were asked for: lump sum payment was asked for in the
consultation; a plan that was put in place so that the spouses and the
beneficiaries could benefit in the event the individual passed away; if an
individual's on EEL and then they went back to work, that they would receive
this at 65, again to supplement the pension plan that they paid into that they
lost at that time.
So those
were the number of issues that were identified on the consultations, and
outlined in the stat review, for this particular change.
CHAIR:
The hon. the Member for St.
John's East - Quidi Vidi.
MS. MICHAEL:
Would the minister be able to
bring forward now the names of the organizations, the names of the groups that
did ask for the change as she is saying?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
I don't have them here right
now. I know there was 15 consultations in 13 communities; there was 65 written
and verbal submissions; and there was consultation done with the Newfoundland
and Labrador Employers' Council and the Newfoundland and Labrador Federation of
Labour.
CHAIR:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Thank you, Mr. Chair.
Minister, seriously, I do appreciate what you're saying. Nobody here, I don't
think, particularly if it came out in the stat review and it's what people
wanted, nobody is arguing the lump sum. If the lump sum works better, fine. If
that's what people want and they think it's better for them, fine. Nobody is
arguing the fact that there would be a death benefit. That's all good stuff. I
support all of that stuff.
But the
concern that I have, as has been raised by the Member for Ferryland or Cape St.
Francis, whoever raised it originally, now that it's been raised, is that there
needs to be some provision put in place, perhaps not even this piece of
legislation, but there needs to be something in policy – I don't even think it
requires legislation, as a matter of fact; I don't think it does.
It may
be just a matter of the Minister of Health and Community Services to instruct
his staff, potentially, to look at a way, under the drug prescription program,
and who qualifies for a drug card, to place a provision in policy that basically
says, in the event of an individual who receives a lump sum retirement benefit
from workers' compensation at age 65 or age 66, that that one-time, lump sum
payment will not impact a person's ability to receive a drug card that they
would normally be entitled to. That's all. I think that could be done in policy.
So,
that's really the only issue. Everything that you're doing here is all good.
Bravo! I applaud it; it's good. But I think that is a legitimate concern that
could be looked after, perhaps under a different department, through policy, and
I would certainly like a commitment that that would at least be explored.
Thank
you.
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
I was just informed that
non-taxable income will not affect the drug card.
CHAIR:
The hon. the Opposition House
Leader.
MR. HUTCHINGS:
Thank you, Mr. Chair.
I wonder
if I could ask the minister –
SOME HON. MEMBERS:
Oh, oh!
CHAIR:
Order, please!
MR. HUTCHINGS:
Just ask the minister,
coverage under the workplace health and safety for employees of the public
service is self-insured. So I understand it's a dollar-for-dollar reimbursement;
it's not done particularly on assessment rate. So with this change and change to
a lump sum payment, obviously there will be a significant payout or possibly
could be more than normal to public servants who were injured in a workplace
injury.
Has
there been an estimate done on what that payout would be in the first year in
regard to the cost to do that?
CHAIR:
The hon. the Minister of
Service NL.
MS. GAMBIN-WALSH:
You mean the cost to
government?
MR. HUTCHINGS:
Yes.
MS. GAMBIN-WALSH:
Yes, I said that earlier. So
there are 21 individuals affected from January 1, 2019 to March 31, 2021. And
the costs are: January 1 to March 31, $176,000; April 1 to March 31, 2020,
$484,000; April 1 to March 31, 2021, $264,000. So those are the estimated costs
that have been completed.
CHAIR:
The hon. the Member for Mount
Pearl - Southlands.
MR. LANE:
Thank you, Mr. Chair.
One
final question or point related to what the minister just said. Just for
clarification and for the record, what I think I just heard, but I just want to
make sure, is that because this lump sum payment is considered a non-taxable
benefit, then what I think I just heard is that this will in no way impede
somebody from getting their drug card. If that is the case and you can confirm
that categorically to be the case, then great legislation and I look forward to
voting for it.
CHAIR:
The hon. the Minister of
Health and Community Services.
MR. HAGGIE:
The Member for Mount Pearl -
Southlands assessment is accurate.
CHAIR:
Shall the motion carry?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CHAIR:
All those against, 'nay.'
Carried.
On
motion, clause 1 carried.
CLERK (Murphy):
Clause 2.
CHAIR:
Clause 2.
Shall
clause 2 carry?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CLERK:
All those against, 'nay.'
Carried.
On
motion, clause 2 carried.
CLERK:
Clause 3.
CHAIR:
Clause 3.
Shall
clause 3 carry?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CHAIR:
All those against, 'nay.'
Carried.
On
motion, clause 3 carried.
CLERK:
Be it enacted by the
Lieutenant-Governor and House of Assembly in Legislative Session convened, as
followed.
CHAIR:
Shall the enacting clause
carry?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CHAIR:
All those against, 'nay.'
Carried.
On
motion, enacting clause carried.
CLERK:
A bill, An To Amend The
Workplace Health, Safety And Compensation Act No. 2.
CHAIR:
Shall the title carry?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CHAIR:
All those against, 'nay.'
Carried.
On
motion, title carried.
CHAIR:
Shall I report the bill
without amendment?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CHAIR:
All those against, 'nay.'
Carried.
Motion,
that the Committee report having passed the bill without amendment, carried.
CHAIR:
The hon. the Deputy
Government House Leader.
MS. COADY:
I move, Mr. Chair, that the
Committee rise and report Bill 36.
CHAIR:
The motion is that the
Committee rise and report Bill 36.
Shall
the motion carry?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
CHAIR:
All those against, 'nay.'
Carried.
On
motion, that the Committee rise, report progress and ask leave to sit again, the
Speaker returned to the Chair.
MR. SPEAKER (Trimper):
The hon. the Member for
Baie Verte - Green Bay, Chair of the Committee of the Whole.
MR. WARR:
Mr. Speaker, the Committee of
the Whole have considered the matters to them referred and have directed me to
report Bill 36 without amendment.
MR. SPEAKER:
The Chair of the Committee of
the Whole reports that the Committee have considered the matters to them
referred and have directed him to report Bill 36 without amendment.
When
shall the report be received? Now?
MS. COADY:
Now.
MR. SPEAKER:
Now.
When
shall the said bill be read a third time?
MS. COADY:
Tomorrow.
MR. SPEAKER:
Tomorrow, thank you.
On
motion, report received and adopted. Bill ordered read a third time on tomorrow.
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
Motion 3.
MR. SPEAKER:
Motion 3.
The hon.
the Deputy Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I move,
seconded by the Member for Placentia West - Bellevue, the following resolution:
WHEREAS
section 7 of the House of Assembly
Accountability, Integrity and Administration Act provides that the Law Clerk
of the House of Assembly is to be appointed by the Lieutenant-Governor in
Council on nomination by the House of Assembly;
NOW
THEREFORE BE IT RESOLVED that Ms. Kimberly Hawley George, Q.C. be nominated for
appointment as the Law Clerk of the House of Assembly.
MR. SPEAKER:
Are there any speakers to the
motion?
The hon.
the Opposition House Leader.
MR. HUTCHINGS:
Thank you, Mr. Speaker.
Just a
few comments in regard to this particular motion which looks at the permanent
position of Law Clerk of the House of Assembly, Ms. Kimberly Hawley George.
We, in
the Official Opposition, certainly recognize the contribution she makes in terms
of her role. We would support this motion. In this particular case, she served
in a temporary position since October 2, 2017. As a Member of the House
Management Commission, we made the recommendation to bring this to the House and
to vote on it here as the motion.
Again,
on behalf of the Opposition, we certainly have no problem with this motion. I've
certainly dealt with the Law Clerk in the past in her temporary position;
recognize her competencies and her work ethic in regard to this, and her ability
to work with us here in the Chamber, which oftentimes is detailed. Sometimes not
always an easy task, but we have challenges, and happy to work through with her,
and recognize her abilities and support this motion and we moved the motion for
her to be in the permanent position.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Thank you.
Any
further speakers to the motion?
The hon.
the Leader of the Third Party.
MS. ROGERS:
Thank you very much, Mr.
Speaker.
I'm also
very happy to stand and speak to the motion, and that we've had the pleasure of
working with Ms. Kimberly Hawley George, as she has done this in an interim
position. We have found her to be generous in her work, and we have every
confidence in the expertise that she brings to the job.
We are
very happy and pleased that she is appointed to the position, and we look
forward to continuing to work with her. We thank her, as well, for the great
work that she has done to date. This is a great appointment.
Thank
you very much.
MR. SPEAKER:
Thank you.
Is the
House ready for the question?
The
question is the – oh, I'm sorry, I apologize.
The hon.
the Deputy Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
I join
with the House of Assembly in echoing the kind words to our Law Clerk, who's
being acting the last period of time. She has been deliberate in her
considerations for this, she's been effective, she's been kind – as I echo the
words of the hon. Member who spoke before me.
We would
be pleased to have her continue in this role and continue the good work that
she's doing on behalf of the people of Newfoundland and Labrador.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
I thank you for that.
Any
further speakers to the motion?
Is the
House ready for the question?
The
question is that the Motion 3 now be moved by the House.
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, 'nay.'
This
motion is carried.
The hon.
the Deputy Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
Motion
1.
MR. SPEAKER:
The hon. the Deputy
Government House Leader.
MS. COADY:
This is debate continuing.
I have a
question that's already before the House, so the first speaker?
MR. SPEAKER:
Who would like to continue
the debate?
MS. COADY:
Thank you.
MR. SPEAKER:
I recognize the hon. the
Member for Mount Pearl - Southlands to continue the debate on Motion 1.
Thank
you.
MR. LANE:
Thank you, Mr. Speaker.
I assume
that's democratic reform? Is that correct?
MR. SPEAKER:
Yes.
MR. LANE:
Thank you, Mr. Speaker.
It
certainly is a pleasure to stand and speak to this once again. Of course, just
to refresh everyone's memories, and even my own, I do believe there was an
amendment to this bill, or to this motion, brought forward by, I think it was
the Official Opposition. I thought it was significant at the time because, as
opposed to the current motion which is basically urging the government to act on
democratic reform, it was basically removing the urge part and basically saying
that there would be a committee and there would be a House committee as opposed
to a government committee.
In other
words, it would be Members of the House of Assembly that would be able to get
the process going and have the ability to get it going sooner rather than later,
as opposed to leaving it in the hands of the minister whenever he decided, if he
decided, to actually get anything moving on this important matter.
I have
to say I was disappointed with the fact that that motion, or that amendment, was
voted down a couple of weeks ago, or maybe it was three weeks ago. Because it's
certainly something that was promised in the last general election, three years
ago. Here we are, three years later, and we're still no further ahead in terms
of getting the ball rolling on democratic reform – democratic reform that I
would suggest a lot of people in Newfoundland and Labrador were actually hoping
they would see. There's a lot of people out there that are not necessarily
feeling great about the way things currently operate and they would like to see
changes. They would like to see significant changes.
Mr.
Speaker, yesterday I was really sort of – this is related to the topic –
delighted to attend a meeting down at the Convention Centre, as was the Leader
of the Third Party and the Member for Fogo Island - Cape Freels was there. I
know the Minister of Municipal Affairs had been there earlier that day. It was
the Eastern Regional Service Board. As I sat back and I watched some of the
deliberations, there was approximately 40 people representing various towns from
Clarenville to St. John's, inclusive, and mayors and councillors from different
joint councils. It was actually chaired by the mayor of Flatrock, who did a
really good job I have to say. He's a good guy.
It was
really interesting because you had 40 people, 40 elected leaders, 40, you know
you could argue type A personalities, which we all tend to be when you get into
public life, but they were all able – and some represented urban areas and some
represented rural areas. They had some issues in common, but they had a lot of
issues that were issues of their own, different perspectives in terms of
population sizes and the various issues related to their areas. And as I said,
some things were very common and other things were diverse.
As I sat
back and I watched the deliberation, it was really interesting to watch because
here you are with 40 people, all sat around a table, all having input – can you
imagine? All having input into the discussions and reaching consensus, where
they could. Where they could reach consensus, they were actually voting on
certain things as to what they thought were priorities and what they thought
weren't priorities. It was moderated, as I said, by the mayor of Flatrock, and
it was really wonderful to see.
As I sat
back and I watched it, I thought to myself, when we talk about democratic reform
on the provincial level, why is it that we cannot have a similar type of system,
if you will, here? Why can we not have all parties coming together to review
legislation, as an example, before it hits the floor? I know that when we're in
the House of Assembly you get to debate legislation; we know how it works. But
we also know – and this is not tied to this government or the former government,
or the government before that or the government before that, but we all know how
it works.
Tom
Marshall, when he was here – good man by the way, in my view anyway – said it
one time. It always rang true to me; I always remembered it because it was a
catchy little phrase he said. He said: Oppositions have their say; governments
have their way. That's what he said, and it was so true. And how often, when
we're here in the House of Assembly, and a piece of legislation comes forward –
and again, I say to my colleagues on the other side of the House here, this is
not a slight against you as the government because it's just the way it's always
been. It's not about any particular party or person.
But how
often do you actually see amendments made and passed? How often does it happen?
I don't know if I can ever remember. In seven years, it might have happened once
or twice with some sort of little, subtle change but, for the most part, it
doesn't happen. I know, sometimes, for political purposes there are things that
get thrown out there in debate that I think we all know, even the person saying
it sometimes knows that boy, that's really a stretch what we're being critical
of certain things.
I think
if we all reflected on it, sometimes we know that that happens from time to
time. I've also seen situations where a Member in the Opposition brought forth a
legitimate point, a legitimate point that could have easily resulted in an
amendment that would have strengthened the legislation, but when does it ever
happen? I don't recall seeing it happen, certainly not very often. Not enough
that I can remember it anyway.
Why is
that? If we had all-party committees reviewing legislation before it came before
the floor of the House, in theory, everyone can see the legislation upfront –
not a briefing. I know we get briefings and I'm not saying – because the last
time I mentioned this, I think the House Leader said oh, you're saying that we
don't give briefings.
No,
that's not what I mean. Yeah, we get briefings the day before, sometimes two
days before, sometimes it's been the day of – it's happened. It doesn't happen
very often, usually it's the day before but it's kind of here's the legislation,
here's what we're doing and you can ask some questions and they explain it to
you; but it's not like here's the legislation, here's what we're proposing to
do, what do you think. Do you see any problems with this? Do you see anything
that you could do? Is there anything that we've missed? Is there anything that
could be done to strengthen this piece of legislation?
That's
not how the process works. Also, unless things have changed in the government
side since I left – I doubt it has, but maybe it has, I don't know. I doubt it.
Again, it's not about this government; it's no different over here. Members even
in the government side, they get a briefing. They'll pick two or three people to
say you're going to speak to it, you speak to it, you speak to it and they get a
briefing the same as we get. Here's what we're doing, here's how it is.
They
don't get a briefing saying here's what we're proposing to do in this piece of
legislation, what do you think of this? Do you see anything we should change?
That doesn't happen. It's done, it's a done deal.
When it
comes to the floor of the House of Assembly it's a done deal. Government has a
majority. So it doesn't matter what we say over here, it's going through as-is
anyway. That's the system, Mr. Speaker. Again, it's not about any particular
party or individual, it's the system. I would suggest that's a system that we
could change for the betterment of the people.
That's
not saying that Opposition Members are going to take over the government and run
the departments or tell ministers how to run their – that's not what it's about.
I'm not talking about that. Of course, the government has to govern. The Premier
has to be the Premier and do what he has to do. The ministers have to run their
departments. We all understand that. We agree with that, but when it comes to
things like legislation, as an example, why can't everybody have some input,
including government's own Member?
Like I
said, I went to that meeting yesterday, representatives from all communities,
from Clarenville in, and everybody having input. That doesn't mean everyone got
their way. It doesn't mean that every point that someone brought up resulted in
a change or that everybody agreed. If there were contentious things they voted
on it. It was a majority rule type of situation, but everybody had an
opportunity for meaningful input.
That is
something we could and should be doing to improve our system here provincially.
It's something that definitely should be on the agenda for democratic reform.
I'm disappointed that three years into a mandate and we're not even talking
about any of these things at this point in time; still talking about if we're
going to form a committee or whatever – I think it's a committee – and we don't
know when it will be formed. We're ticking the box that a motion came to the
floor about democratic reform. Done – when there's nothing done.
Mr.
Speaker, that's one aspect. There's also the aspect around finances, the
contributions that can be made to political parties, to candidates; the amount
that can be spent by political parties and candidates during elections. Why is
it so high? Why does it need to be so high? We have debates. There are going to
be leadership debates, whoever the leader – well, right now we know who the
leaders are; assuming they're still here and they're still the leaders when the
election comes around, whenever that is.
There
will be a leadership debate. There'll be debates. It will be on NTV. It'll be on
VOCM; probably be one at MUN, probably be one out on the West Coast somewhere,
and maybe one up in Labrador. It'll be televised. It'll be on the radio. People
will be able to hear what the party platforms are, what the leaders stand for,
what the parties stand for. That opportunity will be there. People will be able
to make a decision based on that.
Why do
we need all the advertising? Why do we need to spend thousands and thousands of
dollars on advertising, on big buses with the leader's face on it going around
the province? Why do we need all the election signs? What's wrong with having a
designated spot in each community – or two spots or three, depending on the size
of the community – where everyone puts one sign so that everyone knows who the
candidates are? End of story, no more signs.
Now, if
someone wants to put it on their private property, that's a different debate.
That's up to an individual, I would argue. But certainly, public spaces, why do
we need a big sign war? Spending money that we don't have, and being more and
more dependant on corporate donations and union donations and everything else,
and stressing ourselves out about trying to raise the money.
If
you're a new person who's not already established and don't have connections, or
you're not financially wealthy yourself, it's a real struggle. How does that
create a level playing field? So that's something else, Mr. Speaker, we could
and should be looking at.
Conflict
of interest legislation; that needs to be reviewed. This whole concept of blind
trust and Chinese walls – I think was referred to at some point in time. I
didn't even know what a Chinese wall – the only Chinese wall I knew about was
the Great Wall of China, until it came up a year or so ago. But Chinese walls,
conflict walls, all this stuff, what's that all about? That's not me saying it,
this is the general public. They have concerns about this stuff. It needs to be
reviewed.
Recall
legislation; we need to explore recall legislation. Unlike what some people who
were against that concept would say: Oh, that's going to result in by-elections
every other week. That's not true. They've had recall legislation in BC for
years. They don't have by-elections every other month or ever other – that's
simply not true, because the threshold that would have to be established to
result in a by-election and Members getting thrown out is pretty high. It would
be a significant campaign; door to door to door to door, and convincing everyone
to sign up petitions and everything else, signing that they want their Member
gone.
So
unless it's something totally egregious, totally, it's not going to happen
anyway. But what it does do, the fact that someone would even have the ability
to do it and they try it, even for a couple of weeks, sends a message. It sends
a message to the Member, sends a message to all Members, that people are
watching and people are prepared to take action if they think they're failing
them in doing your job in representing them. So it's something else that could
and should be looked at.
Now, Mr.
Speaker, I'm starting to run down on time. I have one email here, it's only a
short one, but it came from a lady. I'm not going to identify her name because
she didn't say I could identify her name, but a lady from Bonavista, actually.
SOME HON. MEMBERS:
Oh, oh!
MR. LANE:
And it's not about the Member
for Bonavista, I'll say, and everybody woo-woo – no, no. It's not taking shots
at the Member for Bonavista, it's about all of us.
MR. KING:
I have a lot of them.
MR. LANE:
It's about all of us.
Anyway,
her comment is – and she asked me would I bring it up in the House of Assembly,
so I am. She said: Mr. Lane, I watched with great interest as you spoke in the
House of Assembly about election reform – and that was the last time. Limiting
large buses for candidate travels, posting fewer election signs, are excellent
ideas. Would you also be willing to rise in the House and suggest to the Liberal
MHAs that they should not make – now, she's saying the Liberal MHAs but she's
only saying that, I believe, because they happen to be the government. If it was
a different government I'm sure it would apply equally. So I will say that, but
that's her words, not mine.
They
should not make election promises regarding spending that are not realistic. By
now, all adults in this province are well aware that we are facing financial
disaster. Spending more funds when an election is coming is a common strategy.
We all know that debt is a disaster.
So
basically what she's talking about is the fact that when election time comes
around, a lot of people feel, and they're not wrong in feeling that way, by the
way – and again, that's not about this, that history. All of a sudden it's an
election year and there's cash coming out of our ears, despite our financial
situation. New fire trucks for everyone, cutting ribbons here and there, asphalt
going everywhere, big announcements. That's what happens. Traditionally, that's
what happens. This lady says that should be cut out.
Now, I
understand as well, realistically, we can't say because there's an election
coming up in a year's time that we're not going to pave any roads that need to
be paved. That would be silly. We all know that. You got to be realistic but a
lot of people feel – and she's not the only person to feel this way because I've
heard it and I'm sure we've all heard it – that, come election year, there
always seems to be extra cash to do extra stuff: more announcements, more photo
ops, more ribbon cutting. That's the perception that people have. That's the
perception they have. That's the perception this lady has and she's not alone in
that perception. She asked me to raise it, so I will.
Yes, and
I say to the minister about the roadwork and the multi-year plan, I support
that. I wish I knew where communities fit on your plan. That's the only flaw I
would say, but knowing exactly where communities could say where am I on this
list and so on, that's the flaw in that plan. But, other than that, the concept
of a three-year plan or multi-year plan, good plan. I support it.
Mr.
Speaker, time is winding down and I guess I'll just finish up by saying that
democratic reform is an important topic. It's too bad that nothing is going to
happen between now and the next election of any significance. I hope that it'll
be something that will be taken seriously and there will be a serious look at
making reform, in consultation, of course, with the people because a lot of
people are not satisfied with the status quo.
Thank
you, Mr. Speaker.
MR. SPEAKER:
Thank you.
The hon.
the Member for Placentia West - Bellevue.
SOME HON. MEMBERS:
Hear, hear!
MR. BROWNE:
Thank you, Mr. Speaker.
It's
certainly a delight to follow my colleague here in the Legislature. I should
correct at least one thing that the Member said, was that this is not the
ticking of a box; this motion was brought to the floor of the House in the
spring sitting and it was not able to be passed due to some amendments that were
brought to it.
So,
there was certainly a willingness on the part of the government to bring this
forward in the spring session and the Opposition tried to attach amendments to
it that changed the spirit of the motion. But, in any event, I have my
colleagues rattled up over there, Mr. Speaker. But it is true; the record will
show that there were amendments brought to the motion.
Mr.
Speaker, this is wonderful, on this Thursday evening of November, to discuss the
very important topic, which is democratic reform. We certainly have much to
consider in this debate, and I'm very much looking forward to the formation of
this committee.
Some of
the thoughts that I decided to speak about today, there are a number of issues I
think that this committee would want to consider, and should and ought to
consider. One, being the voting age. It's currently sitting at 18, and I see no
reason why it should not be lowered to 16, perhaps, or another age that will be
appropriate.
I would
think that this committee would bring forward a cross-jurisdictional scan, not
only Canadian jurisdictions but in other countries as well. Perhaps the voting
age wouldn't be lowered immediately for provincial elections; perhaps municipal
elections is something we could start with.
Mr.
Speaker, I'm a big believer in starting habits early, and they continue.
Oftentimes where the voting age is at 18, young people who are in high school
miss out on an election during their high school time, and it's not something
that is inbred in them during that time of their lives, when so much development
is occurring.
So, if
there was an election held during their high school years, it would be very
likely that most people would participate, most people would vote, and that
would be a habit that they would continue on with, Mr. Speaker. It's no
different than the changes, I believe, that we've brought forth to impaired
driving legislation, where now drivers that are 22 years of age and under are
prohibited to have any blood alcohol content, and that is starting the habit
early. People will get the habit of not having any alcohol and driving. So, by
the time they reach 22, they're already six years a driver and they have that
habit established.
I do
believe that it would be worthy of the committee to examine the voting age,
what's done in other jurisdictions, and how it could be applied here. I think
also the committee ought to consider the voting method, and how we vote. Right
now, of course, people would know that we have at least one, if not two, advance
polling days during a writ period, special ballots are available as well, Mr.
Speaker, and then the election day itself.
Perhaps
it could be examined – other jurisdictions do as well – how municipal elections
are carried out in different places. For example, what is interesting is that in
municipal elections, there can be a proxy given to someone to vote on your
behalf, but not in provincial. These are all things that can be considered,
whether there should be mail-in ballots, whether there should be online voting
of a certain kind.
Of
course, if online voting was to be considered – and it may sound like it's
happening in a land far away but you would really have to consider the role that
foreign actors would play in online voting, Mr. Speaker, and ensure that there
was adequate cyber security surrounding ballots and the counting of the votes.
The last thing you want to do is have an election that its legitimacy is being
questioned. Those are very important facets that I think the committee would
have to examine.
Another
thing that we often hear with respect to democratic reform is the system of
voting. Whether that would be first past the post, whether that would be
proportional representation, whether there would be lists, Mr. Speaker. Of
course going around the world, so many different types of election systems are
out there. We have first past the post, where the candidate with the most votes
wins. The party with the most seats forms the government usually.
Do we
transition to a new system? I would caution that any change of that variety
would require great care, Mr. Speaker, because the last thing you would want to
do – we already have low voter turnouts. The last thing you want to do is
confuse any elector out there with what type of system it is that they're voting
with and potentially result in voter suppression. That would be unintended but
perhaps would be a consequence of any change.
I would
certainly suggest, Mr. Speaker, that the committee not making any rash changes,
certainly not rash like removing a number of seats from the Legislature months
before an election. Those are rash decisions that affect the institutions and
our democracy and should not be taken lightly.
The
other issue, of course, with respect to the voting method – and I tangentially
reference this – would be our boundaries. We have set out in legislation that
there should be a boundaries commission appointed every 10 years, but, Mr.
Speaker, we saw that usurped in 2015 when the government of the day brought in
legislation in January to convene a hastily convened electoral boundaries
commission to cut eight seats out of the Legislature. The jury may still be out
on that one, but I think there should be protections to protect against those
types of actions, Mr. Speaker, during an election year. Because it's very
important that the people of the province have confidence in their democratic
institutions and the way they're voting and the people who they are voting for.
So that's something very important that I will suggest the committee also take
great care to examine.
The
Member for Mount Pearl - Southlands also raised the issue of political
financing, Mr. Speaker. Indeed, that is an issue that requires great thought and
debate amongst this committee. Newfoundland and Labrador has no ban, no limit,
even, on union or corporate donations. We know some parties avail of union
donations more than others; some parties avail of corporate donations more than
others. There's no doubt about that.
So I
think it's time for a healthy conversation of whether or not there should be a
limit imposed on donations of any kind, whether they be individual, union or
corporate, and where those donations are coming from and how they are disclosed.
Because, again, it goes back to the legitimacy of how the public views its
elected officials to ensure they have confidence that people were elected fairly
and squarely, that everyone came to the election from a level playing field and
those who – one, it's not because they were outspent by others; but, of course,
we need to be consistent.
Whatever
is done, Mr. Speaker, I would encourage the committee, we have to be consistent.
If there is a limit imposed upon unions, it should be imposed on corporations.
If it's imposed on corporations, it ought to be imposed on unions as well. So we
have to take great care to be consistent and fair in the application of all
rules.
We also
have to be realistic. We have to be realistic in a province the size of
Newfoundland and Labrador with an aging population. We have to ensure that we
make political finance rules which are realistic to the province in which we
live and do not put a burden on people seeking office to the point where only
retired or rich folk can run, because every person should be equal to seek
election in this House.
I often
joke that I'm probably the poorest MHA, Mr. Speaker, because I was so young when
I was elected. I didn't come here, as many do with an established life behind
them. So for young people it's important that they have a level playing field to
enter politics and to be able to run a campaign. And for women or Indigenous
persons, it's very important that finances not be a barrier.
I can't
speak for the Minister of Education and Early Childhood Development, but you're
much older than me, is all I can say.
Mr.
Speaker, I say this not about me, I say this about any person out there who
wants to offer themselves for public office, whether they be from any party,
should have the opportunity to put their name on a ballot, but not be deterred
because they can't afford to do so. So my comments on political financing are
premised on that, that whatever we do, given the circumstances, where we live,
let's make rules which are fair to everyone and can engender the greatest amount
of participation in our democracy from people who will want to put their names
forward.
The
other piece I would say about political financing that I think the committee
should consider is the need for political signage. You know, I've often heard
people say that this is something that affects the environment, it affects towns
get cluttered up. People are left feeling uncomfortable: should I put this
candidate's sign on my lawn, or should I put another candidate's sign on their
lawn. But unless there's a ban for everyone, it's one of those things that you
could call a necessary evil that, unless it's banned for all, all must
participate because it's part of an election campaign. So I certainly would
encourage the committee to review signage as a tool in elections.
Mr.
Speaker, finally, I would also urge the committee to review the operations of
the House of Assembly, particularly amongst this committee structure and how it
operates. You know, in this Legislature, and we're probably unique amongst most
in the country, we often devolve into Committee of the Whole to examine
legislation, and we just saw that here some moments ago.
I think
there would be great value in having standing committees that met regularly and
examined legislation in depth and in detail. It could call witnesses and have
public consultations with stakeholder groups, with people who are interested,
and I think it would give legislators a great opportunity to review and peruse
legislation, but I think it would also lead to greater debate in the House.
Because once the bill has arrived here, they would've been hashed out, friendly
amendments could be offered, amendments could be offered and accepted or
rejected, but all that would've happened at the Committee stage, and I think it
would lead to better legislation.
So, Mr.
Speaker, I'm certainly in favour of the setting up of this committee. I think
it's a wonderful idea. It's something that probably some people would say is
boring or not as exciting as other matters, but for those of us who have been
studying this for some time, and for those of us who are interested in it, it is
quite dynamic. I think the better system that we can forge, that we can make
together, the greater our democracy and our institutions will be stronger.
Mr.
Speaker, with that, I adjourn debate.
MR. SPEAKER:
Thank you.
The hon.
the Deputy Government House Leader.
MS. COADY:
Thank you, Mr. Speaker.
Considering the hour of the day, I move, seconded by the Minister of Health and
Community Services, that the House do adjourn.
MR. SPEAKER:
It has been moved and
seconded that this House do now adjourn.
Is it
the pleasure of the House to adopt the motion?
All
those in favour, 'aye.'
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, 'nay.'
This
House stands adjourned until tomorrow, Monday, at 1:30 o'clock.
Thank
you.
On motion, the House at its rising adjourned until tomorrow, Monday, at 1:30 p.m.