April 2, 2019
HOUSE OF ASSEMBLY PROCEEDINGS
Vol. XLVIII No. 62
The
House met at 1:30 p.m.
SERGEANT-AT-ARMS:
All rise.
MR. SPEAKER (Trimper):
Order, please!
Admit
strangers.
Please
be seated.
SERGEANT-AT-ARMS:
Mr. Speaker, her Honour the Lieutenant-Governor has arrived.
MR. SPEAKER:
Admit her Honour the
Lieutenant-Governor of Newfoundland and Labrador.
All
rise, please.
SERGEANT-AT-ARMS:
All rise.
(Mr.
Speaker leaves the Chair.)
(Her
Honour the Lieutenant-Governor takes the Chair.)
SERGEANT-AT-ARMS:
It is the wish of her Honour the Lieutenant-Governor that all present be seated.
MR. SPEAKER:
May it please your Honour, the General Assembly of the province has at its
present session passed certain bills to which, in the name and on behalf of the
General Assembly, I respectfully request your Honour's Assent.
CLERK (Barnes):
A bill, “An Act To Establish An Oil And Gas Corporation For The Province.” (Bill
42)
A bill, “An Act To Amend The Marriage Act.”
(Bill 46)
A bill, “An Act To Amend The Fishing
Industry Collective Bargaining Act.” (Bill 48)
A bill, “An Act To Amend The Historic
Resources Act.” (Bill 49)
A bill, “An Act To Amend The Public Bodies
Reporting Act.” (Bill 50)
A bill, “An Act To Amend The Forestry Act.”
(Bill 51)
A bill, “An Act Respecting Student
Financial Assistance.” (Bill 52)
A bill, “An Act To Amend The Loan And
Guarantee Act, 1957.” (Bill 53)
A bill, “An Act To Remove Anomalies And
Errors In The Statute Law.” (Bill 54)
A bill, “An Act Respecting A Pension Plan
For Employees Of The Government Of The Province And Others.” (Bill 56)
A bill, “An Act To Amend The Registered
Nurses Act, 2008.” (Bill 57)
A bill, “An Act To Amend The Regional
Service Boards Act, 2012.” (Bill 58)
A bill, “An Act To Amend The Interpretation
Act.” (Bill 59)
HER HONOUR THE LIEUTENANT-GOVERNOR (Judy
May Foote, PC, ONL):
In Her Majesty's name, I assent to
these bills.
Mr. Speaker and Members of the Honourable House of
Assembly:
The Third Session of the Forty-Eighth
General Assembly of this hon. House of Assembly is about to be prorogued.
Before releasing you from your duties, I
wish to express gratitude for the care and consideration that you have given to
important matters brought to you by our ministers.
During
this third session, 57 pieces of legislation were debated and passed in this
hon. House.
In this
session, legislation was focused on advancing better outcomes for
Newfoundlanders and Labradorians, and maximizing opportunities that can provide
bright futures for all in our province.
Maximizing Economic
Opportunity
In some
cases this meant bringing forward new legislation to make our province an ideal
place for economic growth and investment.
For
example, An Act to Establish an Oil and Gas Corporation for the Province will
help realize the goals of Advance 2030 – a plan that was developed by our
government and industry to grow our offshore oil and gas sector in ways that
will benefit current and future generations.
The new
corporation will drive exploration. It will attract new investment. It will
maximize returns through equity investments, and enhance local supply chain
opportunities.
Establishing this new corporation responds to the needs of industry, and
positions this province as a globally preferred location for exploration and
long-term investment.
An
example of legislation that protects the public while creating the right
environment for pursuing a new and unprecedented economic opportunity would be
An Act Respecting the Control and Sale of Cannabis.
This
legislation sets out the statutory framework for cannabis in the province, which
includes: creating a licensing structure; providing an inspection procedure;
setting out restrictions on the sale, purchase, consumption, transportation,
advertising and promotion of cannabis; and setting out offences and penalties.
This
legislation helped prepare our province for one of the most significant policy
shifts since Newfoundland and Labrador joined Canada.
It also
maximized the opportunity for generating benefits here at home from the
production and sale of cannabis.
The
industry has already generated approximately $12 million in retail sales since
October. Our province has the third largest supply rate per capita in the
country, and a significant number of buyers have been taken out of the illegal
market.
In
addition to setting out a framework for commercial activity involving cannabis,
amendments to the Highway Traffic Act
further strengthened impaired driving legislation in the province in
anticipation of legalization.
Upon
legalization of cannabis by the federal government, changes to our legislation
ensured: zero tolerance for drugs for novice drivers, drivers under age 22, and
commercial drivers; seven day vehicle impoundment for the presence of drugs, or
a combination of drugs and alcohol for novice drivers, drivers under age 22 and
commercial drivers; seven-day vehicle impoundment for all drivers deemed
impaired based on Standardized Field Sobriety Test/approved testing device
and/or Drug Recognition Expert; 30-day vehicle impoundment for all drivers for
refusal or failure to comply with a demand, consistent with alcohol; and,
medical exemption provisions, subject to confirmation of legally authorization
and the individual not being impaired.
These
proposed amendments, and more specifically zero tolerance for novice drivers
under age 22, were supported by Mothers Against Drunk Driving as well as the
Royal Newfoundland Constabulary and the Royal Canadian Mounted Police.
Our
government also put the right legislation in place to maximize buying and
selling energy off island.
A bill
to amend the Electricity Power Control
Act, 1994 and the Public Utilities Act
put in place the legislation needed to adopt an open access transmission
framework for the province's high-voltage electricity transmission system.
Adopting
an open access transmission framework was necessary as the province became fully
interconnected with the North American grid.
Making
these changes facilitated our province's participation in both import and export
electricity markets.
With new
transmission connections in place, Newfoundland and Labrador has the ability to
transmit power directly to the Maritimes and beyond, including the Northeast
United States.
Access
to these markets can provide additional options for rate mitigation to export
sales in off-island purchases.
Just as
our government put legislation in place to facilitate development involving oil
and gas, cannabis and energy, legislation was also put in place to pursue
savings.
An Act
Respecting the Restraint of Salary and Extinguishment of Severance Pay for
Non-Represented Public Sector Employees and Statutory Officers of the Province
eliminated severance for the public service, and put in place a wage freeze, to
expire on March 31, 2020.
With
this legislation, employees with at least one year of continuous service are
paid one week of salary to a maximum of 20 years to eliminate severance
obligations.
Overall,
the elimination of severance across the public sector is expected to result in
$25 million in annual savings.
Through
this legislation, quality government services were maintained, the contributions
of the public sector workforce were respected, consumer spending was stimulated
and our government achieved a more affordable public service.
Advancing Better Outcomes
Our
government also delivered on its province to advance legislation that enhances
the quality of life in our province, and respects and protects the rights of
individuals.
For
example, our government introduced new public health legislation to support the
well-being of people living in communities throughout Newfoundland and Labrador.
An Act
Respecting the Protection and Promotion of Public Health enabled our government
to address gaps in existing legislation, which was originally enacted 50 years
ago.
The act
is similar to actions being taken in other Canadian jurisdictions, allowing this
province to adopt best practices that are effectively working in other provinces
and territories.
This new
legislation helps the public health workforce in this province respond quickly
to emerging challenges, such as the potential for fast-moving infectious
diseases.
With
this legislation, our government continues to enhance the standard of care that
Newfoundlanders and Labradorians receive each day.
Continuing with the theme of improving on past practices, An Act Respecting
Children, Youth and Families repealed and replaced the Children and Youth Care
and Protection Act to make many necessary changes. Highlights of the
improvements included: recognizing the role of family in promoting the safety
and well-being of children and youth; removing restrictions so that all youth
under a youth services agreement can receive services until he or she reaches
the age of 21; requiring that a cultural connection plan for an Indigenous child
or Indigenous youth who is removed from his or her family be included in the
plan that is filed with the court for the Indigenous child or Indigenous youth;
establishing the ability for Indigenous representatives of prescribed Indigenous
governments or organizations to be heard in court; requiring specific placement
considerations for Indigenous children and Indigenous youth who are in the care
or custody of a manager; establishing a licensing process for agencies,
family-based placement providers and residential placement providers; and
providing authority to delegate functions and services under the act to an
Indigenous government or organization.
In
passing this legislation our government has created the opportunity to forever
enhance the outcomes for children, youth and their families who receive our
services.
An Act
to Amend the Family Violence Prevention Act enabled our government to better
support adult victims of domestic violence and their children by expanding the
definition of family violence to include emotional, psychological and financial
harm.
These
are important changes, as the new definition makes it easier for victims of
family violence to seek an Emergency Protection Order to protect themselves and
their children.
Our
government recognizes the importance of taking action to end violence in all
forms, and breaking down the barriers victims face when encountering the justice
system.
Continuing with our efforts to protect people in vulnerable circumstances, our
government brought forward An Act Respecting the Protection of Intimate Images.
This
legislation provides an additional legal option for those who have had private
and sensitive intimate images shared without their consent.
Should
people find themselves victimized in this way the new law establishes a means
for individuals to pursue the matter in civil court.
A
lawsuit may result in: an order for the payment of damages; the payment of any
profits made from the distribution; removal of the intimate image from the
Internet; and other orders the court considers appropriate to stop further
victimization.
This
legislation gives power back to victims. It holds people accountable for their
actions and, hopefully, it will deter this kind of behaviour in others.
An Act
Respecting Tenancies of Residential Premises finally brought about a
long-awaited repeal and replacement of Newfoundland and Labrador's Residential
Tenancies Act.
One key
enhancement was a new provision allowing victims of domestic violence escaping
an unfair situation to terminate a lease with only 30 days' notice without
financial penalty.
Other
highlights included changes to penalties under the act, rental increase
notification, group eviction notices, the ability to deliver and receive
documentation electronically and the inclusion of boarding houses under the act.
In
establishing this legislation, our government responded to the needs of both
landlords and tenants and improved the quality of life for many different people
throughout our province.
Continuing with legislation that addresses quality of life, our government
brought forward An Act to Amend the Workplace Health, Safety and Compensation
Act, which provided presumptive coverage for work-related, post-traumatic stress
disorder for workers covered under the act.
This
means that a worker who experiences a traumatic event or multiple events at work
will now be presumed to have developed their diagnosed PTSD as a result of their
work.
This
progressive legislation simplifies the claim process, and allows the workers'
compensation system to help injured workers receive the assistance they need
earlier.
This
will lead to better outcomes in improving people's overall health and
well-being, as well as their options for returning to work when appropriate.
With
this new legislation, our government is recognizing the impact that a workplace
can have on any worker, in any occupation.
Presumptive coverage for post-traumatic stress disorder will benefit many
individuals who may have previously suffered in silence.
Our
government believes in putting supports in place that are responsive to the
needs of vulnerable populations.
Our
government also believes in recognizing individuals whose efforts help residents
when they are most vulnerable.
An Act
to Amend the Income Tax Act, 2000 introduced a new Search and Rescue Volunteer
Tax Credit that allows eligible volunteers to claim a $3,000 non-refundable tax
credit on their provincial income tax starting this year.
Search
and Rescue volunteers with at least 200 hours of service are eligible for the
credit.
In
establishing this legislation, our government recognized the contributions of
Search and Rescue volunteers, and expanded its support for volunteer first
responders in Newfoundland and Labrador.
Continuing with the theme of lowering taxes where possible, our government also
brought forward An Act to Amend the Revenue Administration Act which ensures a
minimum 5 per cent reduction in the tax on automobile insurance over the next
four years.
Work
continues in the area of automobile insurance, and also with respect to making
further tax and fee reductions as the province's fiscal situation improves.
In
summary, the legislative initiatives advanced in this session have advanced our
government's vision of a strong, diversified province that offers a high
standard of living for all of its residents.
I thank
you for the large measure of Supply granted.
I assure
the appropriations granted have been and will be expended by our ministers with
care and efficiency.
It is my
pleasure that the Third Session of the Forty-Eighth General Assembly of the hon.
House of Assembly now be prorogued, and it is prorogued accordingly.
Thank
you very much.
SERGEANT-AT-ARMS:
All rise.
(Her
Honour the Lieutenant-Governor leaves the Chamber.)
(Mr.
Speaker returns to the Chair.)
MR. SPEAKER:
Order, please!
Pursuant
to the Speech of her Honour, this House now stands prorogued.