No. 53/2022
House
of Assembly
Province of Newfoundland & Labrador
_______________________________________
1st Session – 50th
General Assembly
________________________________________
Wednesday, May 18th,
2022
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
(a)
Resolution
Respecting the Imposition of Taxes on Carbon (Bill 60)
(Progress)
Third Reading Bills
3.
Third Reading of a Bill – “Act Respecting Access to Health and
Education Services” (Bill 51).
(Justice
and Public Safety)
4.
Third Reading of a Bill – “An Act to Amend the Income
Tax Act, 2000” (Bill 54).
(Finance and President of Treasury Board)
5.
Third Reading of a Bill – “An Act to Amend the Life Insurance Act”
(Bill 55).
(Digital Government and Service NL)
6.
Third Reading of a Bill – “An Act to Amend the
Condominium Act, 2009” (Bill 56).
(Digital Government and Service NL)
7.
Third Reading of a Bill – “An Act to Amend the Income
Tax Savings Plans Act and the Pension Plans Designation of Beneficiaries Act”
(Bill 57).
(Digital
Government and Service NL)
8.
Third Reading of a Bill – “An An Act to Amend the Urban and Rural Planning Act,
2000” (Bill 58).
(Municipal
and Provincial Affairs)
9.
Third Reading of a Bill – “An Act to Amend the Access
to Information and Protection of Privacy Act, 2015” (Bill 59).
(Justice and Public Safety)
Bills
Referred to Committee of the Whole
10. Committee
of the Whole on a Bill – “An
Act to Amend the Petroleum Products Act” (Bill 52).
(Progress) (Digital Government and Service NL)
Second Reading Bills
(Government House Leader)
12. Second Reading of a Bill – “An Act to
Amend the Management of Information Act” (Bill 25).
(Digital Government and Service NL)
13. Second Reading of a Bill – “An Act
Respecting the Requirement for a Balanced Budget” (Bill 30).
(Finance
and President of Treasury Board)
14. Second Reading of a Bill – “An Act
Respecting a Future Fund for the Province” (Bill 31).
(Finance and President of Treasury Board)
15. Second Reading of a Bill – “An Act to
Amend the Services Charges Act” (Bill 33).
(Finance and President of Treasury Board)
16. Second
Reading of a Bill – “An Act to Amend the Memorial University Act” (Bill 35).
(Education)
17. Second Reading of a Bill – “An Act to
Amend the House of Assembly Accountability, Integrity and Administration Act”
(Bill 43).
(Government
House Leader)
18. Second
Reading of a Bill – “An Act to Repeal the Colonial Building Act” (Bill 50).
(Tourism, Culture, Arts and Recreation)
19. Second
Reading of a Bill – “An Act to Amend the Forestry Act” (Bill 61).
(Fisheries,
Forestry and Agriculture)
20. Second
Reading of a Bill – “An Act to Amend the Child and Youth Advocate Act” (Bill
62).
(Children,
Seniors and Social Development)
21. Second
Reading of a Bill – “An Act to Amend the Revenue Administration Act, No. 5”
(Bill 63).
(Finance and President of Treasury Board)
MOTIONS
1.
The
Government House Leader – To move:
WHEREAS
subsection 6(3) of the Independent
Appointments Commission Act provides that members of the Independent
Appointments Commission are to be appointed by the Lieutenant-Governor in
Council on a resolution of the House of Assembly;
AND
WHEREAS
subsection 7(1) of the Act states that a commissioner may be reappointed;
AND
WHEREAS
the appointment of the following commissioners expires on June 22, 2022:
Peggy
Bartlett
Gerald
Anderson
AND
WHEREAS
the appointment of Philip R. Earle expires on May 24, 2022 and is not eligible
for reappointment;
AND
WHEREAS
the chairperson, Earl Ludlow, has resigned as chairperson and as a
commissioner;
AND
WHEREAS
subsection 6(4) of the Act provides that the Lieutenant-Governor in Council
designate one of the members of the commission to be chairperson;
NOW THEREFORE BE IT RESOLVED that the following persons be appointed or
reappointed as members of the Independent Appointments Commission for a term of
3 years:
Karen
McCarthy, Chairperson
William
Mahoney
Brendan Mitchell
Jamie Schwartz
Peggy
Bartlett
Gerald Anderson
2.
The
Government House Leader – To move:
WHEREAS section 4 of the Seniors Advocate Act provides that on
resolution of the House of Assembly, the Lieutenant-Governor in Council shall
appoint a Seniors' Advocate;
THEREFORE
BE IT RESOLVED that Susan Walsh be appointed as the Seniors'
Advocate.
THAT,
notwithstanding Standing Order 9, this House shall not adjourn at 5:00 p.m. on
Wednesday, May 18th, 2022 but shall continue to sit to conduct government
business and, if not earlier adjourned, the Speaker shall adjourn the House at
midnight.
WHEREAS the science unmistakably tells us
that we need a 45% reduction in greenhouse gas emissions by 2030 and a 90%
reduction by 2050 in order to avoid ruinous climate change;
WHEREAS the Secretary-General of the
United Nations recently noted that “addiction to fossil fuels is mutually
assured destruction” and that “the world is sleepwalking to climate
catastrophe;”
WHEREAS the effects of climate change are
already harming the people of this province according to the final report of
the Health Accord, through more frequent and destructive weather events,
disappearing sea ice in Labrador, or through toxic pollution;
WHEREAS any new development of offshore oil
and gas extraction is incompatible with keeping our international commitments,
meeting our obligations to future generations, and averting global disaster;
WHEREAS the major economic transformations
of the past were carried out without consideration for workers in phased-out
industries;
WHEREAS former Bank of Canada Governor
Mark Carney stated in the fall of 2021 that the green transition is “the
greatest commercial opportunity of our age,” and estimates from Stanford
University predict the creation of one to three million new jobs in Canada as
we transition towards safe and renewable energy;
WHEREAS Newfoundland and Labrador stands to
gain by entering early in the green technology sector, since we are blessed
with some of the strongest renewable energy resources in North America, a
rapidly growing technology sector, world-class education and research
facilities, and opportunities to gain federal funding for building this
industry;
WHEREAS our workers in the oil and gas
sector already have the skills and know-how needed to build the new green
industries and are therefore well placed to take advantage of this unique
opportunity;
WHEREAS a 2021 survey conducted by The
Atlantic Quarterly found that more than four out of five Nova Scotians and
Newfoundlanders and Labradorians not only wanted a transition to renewable and
efficient energy, but also support for affected workers;
THEREFORE BE IT
RESOLVED that this
government prepare for the coming decline of the fossil fuel industry and make
sure that affected workers themselves become leaders of the change by
introducing Just Transition legislation in this House, ensuring high-quality,
union jobs, guaranteeing workers who want to enter the new industries receive
the supports they need to do so, and ensuring local communities are the primary
beneficiaries of the green transformation;
BE IT FURTHER
RESOLVED that this
government recognize the gravity of the climate emergency by introducing a
Climate and Energy bill in this House that stipulates a planned phase-out of
the oil and gas industry, sets clear targets so that by 2050, 85% or more of
total energy consumption in this province is clean energy, guarantees that all
renewable energy production, distribution, and service remain in public hands,
and commits to positioning our economy, research centres, and businesses to
benefit from provincial, national, and international efforts to create new
renewable energy resources in wind, hydro, and solar;
AND BE IT FURTHER RESOLVED that this House urge the government to establish a new statutory Office of Climate Accountability with a Climate Accountability Officer, whose mandate would be to guide policy and targets, work with industry to help advance low-carbon industry and infrastructure, and review, audit, and report to this House annually on government, business, and economy-wide progress on legislated reductions of greenhouse gas pollution of 45% by 2030 and 90% by 2050.
5.
Mr.
Paul Lane (Mount Pearl - Southlands) – To move:
WHEREAS the cornerstone of any democratic
society is the right for citizens to choose their representatives to serve in
the legislature;
WHEREAS
the process for electing their representatives must not only be carried
out in a fair and impartial manner with all of the appropriate checks and
balances to ensure this principle is upheld, it must be perceived as being
conducted that way;
WHEREAS the recent NL Provincial General
Election has brought serious allegations, numerous concerns and inconsistencies
to light including but not necessarily limited to the following:
-
Certain
individuals knowingly being permitted to vote by telephone in contravention to
the Elections Act.
-
Ballots
being hand delivered by the Chief Electoral Officer to acquaintances and
neighbors.
-
A
number of computer and phone line crashes at Elections NL, including on the
final evening to apply for ballots, leading to numerous citizens who applied
within the established time line, not receiving a ballot.
-
An
under-resourcing of Election NL’s Call Center which lead to citizens having to
call numerous times to get through to apply for a ballot and some simply giving
up out of frustration and not getting a ballot at all.
-
Individuals
being provided ballots in person and over the phone without any verification of
identity and/or address.
-
Individuals
receiving incomplete ballot kits.
-
Individuals
receiving multiple ballots.
-
Ballots
being sent to the wrong civic address.
-
Individuals
applying for ballots on-line or by telephone not receiving their ballots and
upon inquiring with Elections NL being told they had no record of their
application and were subsequently denied their right to vote.
-
Indigenous
citizens being denied their right to vote due to language barriers not
addressed by Elections NL
-
Numerous
concerns with the process implemented by Elections NL relating to the
scrutinizing and witnessing of the opening, counting and recording of the
ballots.
-
Allegations
of Elections NL staff taking ballot kits and other related materials to their
homes, as well as further allegations of individuals being permitted to print
their own ballots which were subsequently accepted by Elections NL.
WHEREAS in a VOCM news story of April 9,
2021 an anonymous whistleblower inside Elections NL was reported as making the
following observation:
“The
former employee claims that an apparent lack of direction exacerbated an
already difficult situation, comparing it to a “three-ring circus.” That
included the sudden change in Election NL’s in-house voting software and a
registration process that they say left the door open to potential voter fraud.
The
worker tells VOCM News duplicate and even triplicate ballots were sent out
after some voters reported they hadn’t received their ballots and because of
the volume of requests, verification of a voter’s name, age and address became
difficult, if not impossible, especially in households with more than one
voter.
Their
conclusion? “This election should have been delayed,” says the worker, because
decisions were made “hastily, with no forethought” and that the election was
not “well planned” or “well-executed.”
WHEREAS the Chief Electoral Officer stated
publicly prior to the election that Elections NL was prepared and able to
successfully conduct a pandemic election and this was obviously not the case.
WHEREAS the Chief Electoral Officer has
the ultimate responsibility for the carrying out of fair, democratic elections
in the province of NL in accordance with the provisions of the Elections Act, 1991 but preliminary
evidence suggests that he has fallen short in this regard;
WHEREAS the Chief Electoral Officer
reports directly to and is responsible to this Honorable House;
WHEREAS we as Members of this Honorable
House have a responsibility to the people of NL to ensure that all of our
Officers of the House of Assembly, including the Chief Electoral Officer, are
carrying out their duties in an ethical and competent manner;
AND
WHEREAS Section
5.3 of the Elections Act, 1991 which
states:
The Lieutenant-Governor in Council,
on resolution of the House of Assembly passed by a majority vote of the members
of the House of Assembly actually voting, may suspend or remove the Chief
Electoral Officer from office because of incapacity to act or for misconduct,
cause or neglect of duty.
THEREFORE BE IT RESOLVED that the House of Assembly approve
the following actions:
-
Development
of a terms of reference for and initiation of an independent investigation of
the recent provincial general election to be carried out by an individual or
entity as agreed to by all parties and Independent Members of the House.
-
Upon
completion of the investigation, tabling and debating of the report in the
House of Assembly including whether or not section 5.3 of the Elections Act, 1991 should be applied
based on the findings of said report.
6.
Mr. Eddie Joyce (Humber - Bay of Islands) – To
move:
WHEREAS the Commissioner for Legislative
Standards presented a report, the Joyce Report of October 18th,
2018;
WHEREAS the Report was presented in the House of
Assembly and concurred by a majority in the House of Assembly;
WHEREAS the findings were
that I violated Principle #10 of the Code of Conduct;
WHEREAS the Complainant was the MHA for Placentia-St.
Mary’s, an elected official;
WHEREAS Principle #10 states, “Relationships between Members and government employees should be
professional and based upon mutual respect and should have regard to duty of
these employees to remain politically impartial when carrying out their duties;
WHEREAS the Commissioner for Legislative Standards
stated in the Report, “In the manner in
which he dealt with the Complainant, and particularly during the call on April
8th”.
“Relationships between Members and government
employees should be professional and based upon mutual respect and should have
regard to the duty of those employees”.
“I
find that the conduct of MHA Joyce is a violation of Principle #10 of the Code
of Conduct”.
“I
find that the manner in which he addressed this issue was unprofessional and
showed a lack of mutual respect towards members of the public service”.
WHEREAS it is very obvious
that the Commissioner for Legislative Standards defined the Complainant, a MHA,
as a public sector government employee, contrary to Principle #10. This was a deliberate and malicious attempt
to mislead the House of Assembly by the Commissioner for Legislative Standards,
Bruce Chaulk;
WHEREAS former MHA, Dale Kirby appealed to the
Information and Privacy Commissioner in December, 2018, for a copy of the Rubin
Thomlinson report;
WHEREAS testimony in the Report by
the Information and Privacy Commissioner is as follows:
-
The Commissioner for Legislative Standards
reversed his position and gave testimony that Members are not government
employees, less than two months after he presented the Joyce Report to the
House of Assembly;
-
The Clerk of the House of Assembly gave
testimony that Members are not government employees;
-
The Information and Privacy Commissioner’s
ruling states Members are not government employees, Report A- 2019-004
WHEREAS other evidence to support the position that
MHAs are not government employees are:
-
the letter from the Law Clerk who stated
Members are not government employees;
-
On November 2nd, 2018, former Speaker and
Member for Lake Melville, in his letter stated, “Members of the House of Assembly are elected officials. They are not employees”.
The former Speaker’s statement was before the
debate occurred in the House of Assembly on November 6th, 2018 and he was Chair
of the Management Commission.
The Commissioner for Legislative Standards
reversed his position again, contrary to what he presented in the House of
Assembly, in a letter dated November 27th, 2020 to the Honorable David B.
Orsborne and I quote, “Members of the
House of Assembly are not employees”.
Supreme Court of Newfoundland and Labrador,
Justice Frances J. Knickle, stated in a ruling on June 10th, 2021, “The appellant, Mr. Dale Kirby, MHA, is
neither an employee in the traditional sense”.
WHEREAS the Executive Council of the Liberal
government mandated public sector employees to be fully vaccinated;
WHEREAS Members of the House of Assembly are not
government employees, the government introduced a resolution on October 18th,
2021, in the House of Assembly that all MHAs must be fully vaccinated;
WHEREAS the Government of Newfoundland and Labrador
distinguished by mandating public sector employees to be vaccinated, and the
motion of October 18th, 2021 that Members of the House of Assembly are not
government employees of the public sector and must be vaccinated by bringing
forth the Motion. This is an admission
by Premier Furey and the government that MHAs are not government employees,
contrary to the findings of the Joyce Report of 2018;
WHEREAS the House of Assembly, by concurring with the
Joyce Report of 2018 has established that Members of the House of Assembly are
government employees which now the Government is admitting was a wrong
conclusion;
WHEREAS former Premier Dwight Ball, stated on August
23, 2018 to the media in a public statement, “There’s no room form political interference in the reports, said Ball,
I’ve not received any information from the Commissioner neither have I went
looking for any”;
WHEREAS the Commissioner for Legislative Standards
stated on many occasions, “I am an
independent Officer of the House of Assembly and these reports are
independent”.
WHEREAS in a letter on May 31st, 2019, Dwight Ball
stated, “I can confirm there were limited
occasions whereby my office contacted the Office of the Commissioner for
Legislative Standards”.
WHEREAS the Commissioner for Legislative Standards
made false and misleading findings in the Joyce Report; and
WHEREAS the Commissioner for Legislative Standards
was not independent and had political influence, which he did not declare in
the House of Assembly,
I call upon the House of Assembly to rescind
the Kirby Report of October 3rd, 2018, and the Joyce Report of October 18th,
2018. Furthermore, I call upon the House
of Assembly to ask for an independent review of the process and make
recommendations on how to strengthen the House of Assembly Accountability,
Integrity and Administration Act to ensure that all Members will have
confidence in the process.”
7.
Mr. Perry Trimper (Lake Melville) – To move:
WHEREAS the Secretary-General of the United
Nations recently stated ‘the alarm bells
are deafening, and the evidence is irrefutable: greenhouse-gas emissions from
fossil-fuel burning and deforestation are choking our planet and putting
billions of people at immediate risk’;
WHEREAS scientists estimate that by 2050, if GHG
emissions are not reduced, the average winter temperature will be 3.4 0C
above pre-industrial levels in St. John’s, 6 0C warmer in Happy
Valley-Goose Bay, and 7.3 0C warmer in Nain (Government of NL 2018);
WHEREAS the Province is already experiencing
significant warming resulting in the reduction of ice cover particularly on the
north coast and across Labrador for example;
WHEREAS NASA (2021) states that the “Earth’s surface continues to significantly
warm, with recent global temperatures being the hottest in the past 2,000-plus
years” and “Nineteen of the hottest
years have occurred since 2000”.
WHEREAS Newfoundland and Labrador,
as a partner in the Pan Canadian Framework on Clean Growth and Climate Change,
is obligated to aggressively reduce provincial emissions despite increases over
the past 20 years (NIR 2021);
WHEREAS Hibernia crude oil emits 0.487 metric
tonnes of CO2 per barrel, the 1.7 billion barrels of oil extracted
from the Province since 1997 (Government of NL 2018) would represent 830
million tonnes of GHGs based on EPA (2020);
WHEREAS oil and gas development represents 25
percent of provincial GDP, 41 percent of exports, thousands of direct and
indirect jobs, and over $20 billion in cumulative royalties to the Province
since 1997 (Government of NL 2018);
WHEREAS in advance of COP26 in Scotland, the
Beyond Oil and Gas Alliance (BOGA) calls on the world to “Create an international community of practice that can support
governments in delivering their commitment to a managed and just phase-out of
oil and gas production” and “Strengthen
global climate ambition by aligning oil and gas production with the Paris
Agreement goal of well below 2oC, pursuing efforts for 1.5oC”;
WHEREAS Newfoundland and Labrador is facing an
unsustainable fiscal situation that requires immediate action (PERT 2021)
including being ‘at risk of not being
able to make its financial commitments such as paying salaries, operating
hospitals, offering other public services or making payments to pension plans
which it is legally obligated to do.’
AND WHEREAS the primary means of addressing fiscal
imbalance and quality of service delivery across Canada, that of equalization
payments based on the fiscal capacity of each Province, has been inadequate for
Newfoundland and Labrador particularly as a result of how oil and gas revenues
are calculated.
THEREFORE BE IT
RESOLVED that the
House of Assembly urge Government to:
·
Cease
oil and gas exploration on inactive licenses and any further provincial
investment in the exploration of active licenses;
·
Move
to complete planned production on the existing operational fields of Hibernia,
Terra Nova, White Rose and Hebron;
·
Initiate
discussions to join the Beyond Oil and Gas Alliance with Denmark, Costa Rica
and other national and sub-national signatories and
·
Secure
a climate crisis agreement with Canada that recognizes the value of leaving oil
and gas reserves undeveloped. The carbon offset agreement would calculate
projected emissions for commercially viable hydrocarbons AND the federal price
per tonne of CO2 directed as $170/tonne by 2030.
For example,
Equinor estimates the Bay du Nord field to have commercially viable reserves of
300 million barrels of oil that would represent 146 million tonnes of GHGs
representing $24.8 billion of carbon offsets based on $170 per tonne.
_____________________
Published under the authority of the Speaker of the
House of Assembly by the Queen’s Printer