No. 40/2009

House of Assembly

Province of Newfoundland & Labrador

 

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2nd Session – 46th General Assembly

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Wednesday, December16, 2009

 

ROUTINE PROCEEDINGS

(a)    Statements by Members

(b)    Statements by Ministers

(c)    Oral Questions

(d)    Presenting Reports by Standing and Select Committees

(e)    Tabling of Documents

(f)    Notices of Motion

(g)    Answers to questions for which notice has been given

(h)    Petitions

 

ORDERS OF THE DAY

 

1. C Committee of Supply

 

2. C Address in Reply

Third Reading Bills

 

3. C Third Reading of a Bill C AAn Act Respecting Public Accountants.” (Bill No. 49)

                                                                                    (Government Services)

 

4. C Third Reading of a Bill C AAn Act To Amend The Petroleum Products Act.” (Bill No. 50)

                                                                                                        (Government Services)

 

5. C Third Reading of a Bill C AAn Act To Amend The House Of Assembly Accountability, Integrity And Administration Act.” (Bill No. 54)                 (Government House Leader)

 

6. C Third Reading of a Bill C A An Act To Amend The Order Of Newfoundland And Labrador Act.” (Bill No. 58)

                                                                                (Natural Resources)

 

Bill Referred to Committee of the Whole

 

7. C Committee of the Whole on a Bill C AAn Act To Amend The Teachers' Pensions Act.” (Bill No. 57)

                                                                                (Finance and President of Treasury Board)

 

MOTIONS

 

1. C THE HONOURABLE THE MINISTER OF FINANCE AND PRESIDENT OF TREASURY BOARD C To Move:

 

         “WHEREAS section 7 of the Child and Youth Advocate Act provides that the Lieutenant-Governor in Council, on a resolution of the House of Assembly carried by a majority vote of the Members of the House of Assembly actually voting, may remove the advocate from office or suspend him or her because of an incapacity to act, or for neglect of duty, or for misconduct;

 

         AND WHEREAS subsection 8(1) of the Child and Youth Advocate Act authorizes the Lieutenant-Governor in Council to suspend the Child and Youth Advocate;

 

         AND WHEREAS following correspondence sent to the Lieutenant-Governor in Council by the Speaker of this House dated August 17, 2009 expressing concern about the operation of the Office of the Child and Youth Advocate, the Lieutenant-Governor in Council suspended the Child and Youth Advocate;

 

         AND WHEREAS on September 9, 2009, this Honourable House voted on a resolution to extend the suspension of the Child and Youth Advocate to provide her, as she had requested, an opportunity to respond to the concerns raised by the Honourable the Speaker;

 

         AND WHEREAS the Child and Youth Advocate provided her response in a submission to the Clerk of the Executive Council dated September 30, 2009;

 

         AND WHEREAS the submission of the Child and Youth Advocate has not adequately responded to the concerns raised by the Honourable the Speaker;

 

         NOW THEREFORE BE IT RESOLVED THAT THIS House of Assembly concur in the removal from office of the Child and Youth Advocate by the Lieutenant-Governor in Council for misconduct.”

 

2. C MR. KELVIN PARSONS (Burgeo-LaPoile) C To Move:

 

“WHEREAS two official inquiries have been recently conducted in the Province of Newfoundland and Labrador involving the preventable fatalities of citizens;

 

AND WHEREAS the principal function of our modern civil justice system is to make whole through monetary and non-monetary compensation any person injured by another's negligent or intentional actions, whether they are of a physical, psychological, financial or property nature;

 

AND WHEREAS unlike other jurisdictions in Canada, Newfoundland and Labrador's principal legislation and regulations governing civil compensation are deficient in that they do not allow family members of a deceased person, whose death occurs through negligence, to claim damages such as grief, loss of care, guidance and companionship;

 

AND WHEREAS unlike other jurisdictions in Canada, Newfoundland and Labrador's legislation is deficient in that it does not permit the family members of a deceased person, whose death occurs through negligence, to claim consequential economic damages suffered, such as a family member not being able to return to the former employment due to the loss of the deceased person;

 

THEREFORE BE IT RESOLVED that this House of Assembly call on Government to strike an all party select committee of the House of Assembly to review the deficiencies in the Fatal Accidents Act and the Survival of Actions Act and make recommendations the select committee feels appropriate to amend these Acts.”

 

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Published under the authority of the Speaker of the

House of Assembly by Earl G. Tucker, Queen's Printer