The House met at 1:30 p.m.

MR. SPEAKER (Wiseman): Order, please!

Admit strangers.

Before we start today's proceedings, it is my pleasure to welcome to the public galleries some special guests today. We have members of a number of organizations within the city, and in some cases representing the entire Province of Newfoundland and Labrador.

We have the Planned Parenthood Newfoundland and Labrador; Parents and Friends of Lesbians and Gays Newfoundland and Labrador; Memorial University's Student Union; Lesbians, Gays, Bi-sexual, Transgender, Memorial University; the Canadian Federation of Students; St. John's Pride; and Memorial University Trans Needs Committee, together with Mr. Steven Berg who is the National Executive Director of the Christian Embassy of Canada. For those of you who had an opportunity to meet Steven earlier this summer at a conference here, Steven represents an organization that provides pastoral services to Legislatures throughout Canada.

Welcome, all of you, to our galleries.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Today, we have members' statements from: the Member for the District of Humber Valley, the Member for the District of Cape St. Francis, the Member for the District of Bellevue, the Member for the District of Fortune Bay – Cape La Hune, the Member for the District of Baie Verte – Springdale, and the Member for the District of St. John's Centre.

The hon. the Member for the District of Humber Valley.

SOME HON. MEMBERS: Hear, hear!

MR. BALL: Mr. Speaker, I rise in this House today to recognize the life of one very special individual, Ms Kimberly Ann Reid of Reidville, who passed away on October 6. Kimberly was my Constituency Assistant in 2007, and joined me again following the 2011 General Election.

Kimberly was truly an amazing person. She had a zest for life and she touched the lives of so many people with her beaming smile and her cheerful personality. Her passion for life and her ability to brighten up a room are unmatched.

Kim was not only a true inspiration, but a tremendous friend, as well as a devoted wife to her husband Rod, and a loving mother to her two children, Morgan and Cora-Lee.

Mr. Speaker, every day that I went to work with Kimberly at my side that was a day that was always brighter. She was always full of energy, she was tenacious and compassionate to the people she so passionately committed to helping.

On the day of Kimberly's passing, we drove from Gander after attending the Municipalities Newfoundland and Labrador Annual General Meeting. As we left Gander, Kimberly instructed me to get in the passenger seat and she would drive while we would make plans for the year ahead.

Mr. Speaker, Kimberly leaves to mourn her husband Rod, her two children Morgan and Cora-Lee, as well as a very large circle of family and friends.

I ask all members in this hon. House to join me in recognizing the life of Ms Kimberly Ann Reid.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Cape St. Francis.

MR. K. PARSONS: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate the class of 2012 on being inducted into the Torbay Sports Hall of Fame. The Town of Torbay has a long and rich history in sports and athletics.

This year's honourees were: Mr. Axel Sorensen. Mr. Sorensen is a great softball player and bowler. He also volunteered a lot of his time to the young bowlers and ball players in the area.

Mr. Tony Walsh Sr., a member of the Buchan's Miners Hockey Team who won a Herder. He coached and played senior hockey and coached minor hockey for many years.

Ms Genevieve White, a founder of the Torbay Ladies Softball League, which is still going today. She, herself, was a great ballplayer.

Mr. Johnny Byrne, a player who played both senior hockey and softball. Johnny is a sportsman and played the game with a lot of class. He won three most gentlemanly effective awards in the Avalon East Senior Hockey League.

Also, inducted was the late "Coppertop Codner" likely the greatest oarsman to ever row in the Regatta from the Town of Torbay.

Mr. Speaker, I ask all hon. members to join with me in congratulating Barry Codner and his committee for the job they have done to recognize Torbay's great athletes and builders in sport.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Bellevue.

MR. PEACH: Mr. Speaker, I stand in this hon. House to recognize the achievements of the Music Program of Woodland Elementary, Dildo.

Woodland received a $10,000 grant from the MusicCounts Group. This grant allowed the school to purchase thirty-two instruments for a concert band and including twenty-six violins.

Within the first year all instruments were placed in the hands of eager to learn students, by year's end they performed a Spring Show Case Concert displaying their hard work.

Many parents have invested in their own instruments and private lessons for their children. In a school population of 175 students, ninety-one of them are involved in the after school music program.

This music program includes a group of eleven young fiddlers. They have performed at many in-house events. I had the pleasure of being present on the night of their community debut at the Queen's Jubilee Medal presentations at the SUF in Dildo on October 11 of this year.

The Woodland Fiddlers certainly have paved the way with their outstanding performance. This program would not be possible without the encouragement of their teacher, Mrs. Leila Brown, and four parent volunteers.

Please join me in extending congratulations to the Woodland Elementary music program, students, and volunteers.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Fortune Bay – Cape La Hune.

MS PERRY: Thank you, Mr. Speaker.

I rise to congratulate Captain Sidney Hynes for induction in the Order of Newfoundland and Labrador on October 16, the Province's highest honour!

When only fifteen, Captain Hynes left his small hometown of Harbour Breton, starting a remarkable career in the marine industry as an assistant steward at Marine Atlantic. He quickly became an officer and achieved his Master's Home Trade ticket, commanding several vessels around the globe. He then worked at Transport Canada, followed by twenty years as President and CEO of Canship Limited. He has served as Chairman of the Board for Marine Atlantic and is currently the Executive Director of Oceanex Inc.

An extremely successful business person, he was inducted into the Junior Achievement Newfoundland and Labrador Business Hall of Fame on May 19 last year. This man is a leader who has brought significant social and economic benefit to our Province, and he continually inspires us, especially in the Coast of Bays, through his outstanding vision, commitment, and success.

I ask all members of his hon. House to join me in recognizing Captain Sidney Hynes, Master Mariner, for being inducted into the Order of Newfoundland and Labrador this year.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for the District of Baie Verte – Springdale.

MR. POLLARD: Thank you, Mr. Speaker.

I am pleased to rise in this hon. House to highlight the academic achievements of three outstanding high school graduates, namely Miranda Wiseman and Courtney Tizzard of Indian River High, Springdale, and Cristina Burke of Copper Ridge Academy, Baie Verte.

They each captured the Baie Verte – Springdale Electoral Scholarship, valued at $1,000 each, awarded to the top three achievers on the Department of Education public exams.

Their performance speaks very well of the school staff and community who partner to provide the caring, nurturing atmosphere in which students are able to excel. They certainly have made their parents and the entire school community very proud.

Miranda, Courtney, and Cristina are reflective of the many talented, aspiring, and industrious students who walk the halls of our schools today and to whom we look for fresh, innovative ideas.

Hon. colleagues, please join me in saluting the accomplishments of Miranda, Courtney, and Cristina. I wish them every success in their chosen careers.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, I rise today to recognize National Child Day, a celebration that highlights the rights and freedoms of all Canadian children and takes place annually on November 20.

National Child Day commemorates two historic events for children: the adoption of the United Nations' Declaration on the Rights of the Child in 1959 and the Convention on the Rights of the Child in 1989.

Earlier today, I had the pleasure of marking the occasion by reading several stories to a group of children with Family and Child Care Connections in Conception Bay South. During the event, these children were partaking in play-based learning activities, and it was a wonderful opportunity to see them in their element.

Our government believes that children and youth are our most valuable resource in Newfoundland and Labrador, and continues to make great strides in ensuring their safety and well-being.

Since National Child Day 2011, our government achieved major milestones and introduced a number of enhancements that improve the lives of children and youth in our Province. We successfully transitioned all child, youth and family services staff and programs from the regional health authorities into the line Department of Child, Youth and Family Services, which is dedicated solely to children, youth, and their families.

In Budget 2012: People and Prosperity, we introduced the 10-Year Child Care Strategy, which will improve accessibility, affordability, and the quality of child care for families with young children. Our government will double its annual budget for child care by 2021-2022 to approximately $56 million.

Our government's dedication to helping children thrive and grow is unwavering, and we look forward to our continued work in serving the best interests of children and youth throughout Newfoundland and Labrador.

I ask all members of this hon. House to join me in marking National Child Day.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Speaker wants to apologize to the Member for St. John's Centre who has one more private member's statement that did not get read into the record. Maybe we can have the response to the Ministerial Statement, and then we will come back to the Member for St. John's Centre for her private member's statement. My apologies to you.

The hon. the Member for Burgeo – La Poile.

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

I thank the minister for the advance copy of her statement.

Certainly, it is appropriate that we stand and commemorate these two historic events: the 1959 declaration, which spells out the basic human rights of children, and the 1989 convention, which deals with the human rights and the standards to which all governments must aspire as we deal with children.

The fact is I think there is agreement on all sides of this House that children are our most valuable resource. As of 2008, there were 76,000 children under the age of fifteen living in this Province. As a government, we must ensure that the services are there for these children and their parents: daycare, home care, early childhood learning. We need to continue to invest in our children. We need to also be responsible for protecting their rights; as we all know, children cannot vote, so it is up to us as adults and legislators to ensure that the rights are there, respected, and followed.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KIRBY: Thanks to the minister for the advance copy of her statement.

On World Child Day, we certainly celebrate our little ones, but we must also recognize the work of all those who care for and teach our children, and we must also recognize the lack of affordable child care in Newfoundland and Labrador.

Just last year, Mr. Speaker, we had the Early Years Study 3, in which the Province came dead last on all of the metrics. There is a lack of affordable child care that is really, literally forcing women out of the workforce, many women who want to work but cannot. We must do better. We must do better than this, I say, and I hope we will see new initiatives on affordable child care upcoming here in the future.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

Does he have leave?

No leave.

I will acknowledge the Member for St. John's Centre for your private member's statement. I apologize for having skipped you earlier.

The hon. the Member for St. John's Centre.

MS ROGERS: Thank you, Mr. Speaker.

Today, International Transgender Day of Remembrance, I am proud to stand in the House to acknowledge the courageous and vital work of those working to further the rights of trans people in Newfoundland and Labrador.

Trans people, especially our youth, are the most vilified, bullied and discriminated-against people in our society. Still without explicit rights and protection in our provincial Human Rights Act and without full, coordinated health services, many groups and individuals are making a difference for pushing for change that is long overdue.

Trans people are our children, our family members, our neighbours. It is time that we ensure all the rights and services they need to live their lives in respect, dignity, and safety are entrenched in our legislation and public services. I would particularly like to acknowledge the work of Planned Parenthood Newfoundland and Labrador; Pflag Newfoundland and Labrador; MUN Student's Union; LGBT MUN; Canadian Federation of Students; St. John's Pride; Jennifer McCreath, who has so courageously worked for Trans rights in the Province; the transgendered health services provided network of Eastern Health, and MUN Trans Needs Committee; and the wonderful work being done through a joint project by EGALE Canada and our own Department of Education.

Newfoundland and Labrador has become a national leader in the area of LGBTQ education in our schools. I am sure that the House would like to join me in saying bravo to all those who are working so hard.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Continuing with Ministers' Statements.

The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Mr. Speaker, I rise in this hon. House today to emphasize the significant health care investments our government has and continues to make in rural areas throughout the Province, specifically investments in the operation of the regional health authorities, funding for new capital infrastructure, renovations and repairs of existing infrastructure, and the purchase of new equipment.

Budget 2012 allocated almost $3 billion to enhance access to health care programs and services in Newfoundland and Labrador. This includes $1.8 billion for the operation of the regional health authorities, $1 billion of which is allocated to facilities outside of St. John's.

This year, we will spend approximately $159 million province wide in capital infrastructure; $90 million of this has been allocated for rural health care centres such as the construction of new long-term care facilities in Lewisporte and Carbonear; the continued construction of a new regional hospital in Labrador West; the redevelopment of the Central Newfoundland Regional Health Centre in Grand Falls-Windsor; and the continued planning and construction of the clinics in Marystown North, Glovertown, and Flower's Cove. In addition, $45 million was announced for the purchase of capital equipment along with $26.6 million for repairs and renovations.

Mr. Speaker, in addition to investments made in Budget 2012, we have also invested over $53 million for ongoing repairs and renovations to health care centres across the Province in the last two years. Seventy-four per cent of this funding was allocated to facilities in rural areas of this Province, Mr. Speaker. Furthermore, we have invested $100 million for the purchase of capital equipment, 51 per cent of which was for facilities located outside of St. John's.

Increasing access to health care services for residents in every region across the Province remains an important priority for our government. Since 2004, we have made tremendous improvements in providing quality, accessible health care services, and through our steadfast commitment and investments, we will continue to build on those successes.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burgeo – La Poile.

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

I thank the minister for an advance copy of her statement. Certainly, this is good news and it is worth announcing over and over and over again.

Again, as the MHA for a rural area, I do appreciate the commitment that is being made to the infrastructure needs in rural Newfoundland and Labrador. The fact is, though, we need to start working on some of the services that are available. I am talking about places like Ramea in my district and Francois down in the member for Harbour Breton's district, where we do not have nurse practitioners and have not had nurse practitioners for well over a year now. We need to start working on making sure those services are provided.

Again, we are looking at nursing cuts happening in other areas of the Province. We need to make sure that the services are there. We could talk about the mental health wait-lists. Those are there. We need psychiatrists in many places, especially up in Labrador.

The fact is, I do recognize we have the highest per-capita health spending in the country, which is why we should not just be talking about spending outcomes; we need to be talking about health outcomes. What are we getting for the money that we are spending?

Again, investing billions of dollars in health care is only significantly relative to the outcomes. We have high rates in things like diabetes, pre-diabetes, obesity, cancer, and smoking. We need to start working on this and we need to make sure we are getting the bang for the buck.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MS ROGERS: Thank you, Mr. Speaker.

I too would like to thank the minister for an advance copy of her statement.

Expenditures on facilities and equipment in rural health care are necessary. People across the Province are telling us that health care is a priority, so it is imperative that government listen to our citizens on their health care needs.

More investments in rural long-term care facilities are long overdue so people do not have to move so far from loved ones. However, polls are showing us that seniors are clearly stating that they want to remain in their own homes as long as possible. We have a quickly growing aging population. In order to meet those needs we must have a comprehensive, publically funded home care program within our health care system, with case managers and trained and fairly paid home care workers providing enough home care hours for those who need it, not just for those who can afford it.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the Member for St. John's South have leave?

AN HON. MEMBER: No.

MR. SPEAKER: No leave.

The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. DALLEY: Mr. Speaker, I rise again today in this hon. House to highlight our government's financial contribution to the aquaculture industry throughout Newfoundland and Labrador, and to recognize the many projects and initiatives that have provided enormous benefit to our people and our Province.

Since 2003, our government has invested close to $60 million into the aquaculture industry.

SOME HON. MEMBERS: Hear, hear!

MR. DALLEY: This includes $23 million in marine infrastructure; approximately $10 million for fish health; and $24 million in development initiatives, which has leveraged over $400 million in private sector investment. Mr. Speaker, this level of investment speaks to our government's vision for this vibrant industry, and the level of confidence we have in its future.

With tremendous aquaculture development opportunities on the South Coast, this emerging industry created the need for new infrastructure – in response, we invested. Our government built biosecurity inflow and outflow wharves in communities like Harbour Breton, Pool's Cove, St. Alban's, Hermitage and Belleoram.

Fish health and biosecurity was a top priority for our government and the industry – in response, once again, we invested. We constructed the Province's first fish health facility in St. Alban's which facilitates the work of four of the sixteen aquaculture veterinarians in Canada, and many other technical and administrative staff. The Centre for Aquaculture Health and Development is a world-class facility staffed by the best of technical expertise and serves the industry each and every day.

Mr. Speaker, our government has established a strong working relationship with some of the best aquaculture companies in Canada – Cooke Aquaculture, Gray Aquaculture Group, and Northern Harvest Sea Farms. With private investment of over $400 million, these companies continue to believe in the Newfoundland and Labrador aquaculture industry.

Fish and mussel farming has given communities new hope and new opportunity. It has provided direct and indirect employment. It has rejuvenated the economies of communities where the future was once uncertain.

Mr. Speaker, people are working and rural communities are thriving. Our government is proud to support the aquaculture industry and I invite others to celebrate its success.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, I thank the minister for the advance copy. I also thank the minister for such a good statement today, such an improvement over yesterday's statement.

These government investments were good investments, great investments, and they were investments that were necessary to get us to where we are today. They are investments that are necessary to maintain the status quo –

SOME HON. MEMBERS: Hear, hear!

MR. BENNETT: - in finfish aquaculture; however, the status quo in finfish aquaculture is open cage finfish aquaculture and that is clearly unacceptable into the future. The future is in closed containment aquaculture.

I would encourage the minister, now that we have arrived at the status quo, to boldly go forward into the future in aquaculture. This requires vision, Mr. Speaker, it requires courage, and it requires (inaudible) and the means.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. BENNETT: I will call on the Minister of Fisheries and Aquaculture – having arrived this far – to embrace his colleagues in Innovation, Business and Rural Development because certainly we need innovation, and the Minister of Environment needs to be engaged as well, while maintaining the current status of the aquaculture industry in this Province to go forward in finfish aquaculture on a closed containment basis so we could be the leader in the world.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for The Straits – White Bay North.

MR. MITCHELMORE: Thank you, Mr. Speaker.

I would like to thank the minister for an advance copy of his statement.

We certainly support the responsible development of aquaculture in the Province. It is critical that protocols are in place and support issues such as biosecurity. These are essential. I acknowledge that some communities on the South Coast are certainly benefiting from this industry. Perhaps government should revisit the aquaculture plan because there may be additional benefits. It has been developed since 2000.

Despite the minister's statement, many rural communities are really not thriving in this Province and government has a really long ways to go before that statement can be made.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Does the Member for St. John's South have leave?

AN HON. MEMBER: No leave.

MR. SPEAKER: No leave.

Oral Questions.

MR. SPEAKER: The hon. the Leader of the Official Opposition.

MR. BALL: Thank you, Mr. Speaker.

Yesterday, the Premier continued to make a mockery of the whole Muskrat Falls process. Not only did she again deny any regulatory oversight but she decided to limit debate in the House of Assembly to this $9 billion project to just nearly two hours on December 5; $9 billion, that includes (inaudible). We offered a very open and a full debate but you have chosen the most limited form of discussion in this House for your Muskrat Falls Project.

I ask the Premier, again: What are you so afraid of? Why will you not allow a full debate?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, I have spoken about Muskrat Falls from one end of this Province to the other, from one end of this country to the other, glad to share the good news that we have in Newfoundland and Labrador about our energy warehouse and our plans for the future of this Province, Mr. Speaker.

Mr. Speaker, over twenty times the Opposition parties asked for an opportunity to debate in this House of Assembly. Mr. Speaker, I agreed to that debate. We expected to be in the House a week ago. They said, no, they needed three weeks to review the documentation. We said: Fine, we will go in on November 19. They said: We want Question Period during the special debate. We agreed. Now, Mr. Speaker, they want experts instead of debating. We are prepared to debate. Stand and do so.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Opposition.

MR. BALL: Thank you, Mr. Speaker.

We asked to access witnesses – as a matter of fact, just last Friday there were still reports being issued, I understand. What we get now on December 5 is what someone said this morning: We are going to get a tweet debate.

So, Mr. Speaker, not only did the Premier make a mockery of the process, but she further showed her arrogance by stating that she may sanction this $9 billion project before this limited discussion ever happens.

So, I ask the Premier: It was just last month that you stated that the project would never go to sanction without a debate on the floor of the House of Assembly, and why are you now going back on your promise to the people of Newfoundland and Labrador?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, it was the Liberals who removed regulatory oversight from projects of this type. The former Liberal Administration removed hydroelectric projects from regulatory review by the PUB. It was this government, Mr. Speaker, who attempted to bring Muskrat Falls under the regulatory review of the PUB. The PUB failed the government, failed the people of this Province, when they refused to make a recommendation, Mr. Speaker.

The Liberals and the NDP do not want to be on record in this House of Assembly as to why they oppose this project, Mr. Speaker, where the shortfalls might be. They are doing everything that they can to avoid debate despite our best efforts –

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Opposition.

MR. BALL: Thank you, Mr. Speaker.

It was two different projects: one was export; this is domestic use. If you do not have confidence in the PUB, well get rid of them. You put them there.

I should not be surprised that the Premier is going back on her commitment to the people of the Province, because that is exactly what she has done with the commitment not to spend money on this project before it was sanctioned.

On April 25, in this House, the Premier stated that $655 million out of this year's Budget for Muskrat Falls would not be touched unless a decision was made to sanction the project.

So, I ask the Premier: We have learned that Nalcor is already using some of this money; how much has been transferred, and when did it occur before they had been secretly dipping into this fund?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, there were allocations made in last year's Budget for Muskrat Falls and for oil developments to be used by Nalcor. We will certainly provide to this House the details of the use of that funding, Mr. Speaker. At the time the statements were made, we certainly would have felt we would have been at the sanction point long before now.

In terms of reports being made available to the people of the Province, Mr. Speaker, these are questions that have been raised in this House time and time again that require clarity different from the spin. Mr. Speaker, I can only say that they have had their effect because one of the strongest opponents and the loudest voices against Muskrat Falls has now changed their view. Of course, I refer to the former Leader of the Liberal Party and the current House Leader who now recognizes the merits of the Muskrat Falls Project, and admits that it is a good project.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Leader of the Official Opposition.

MR. BALL: Thank you, Mr. Speaker.

The Premier may have to wait for that decision.

To further illustrate that government has broken their promise to the people of the Province, back in April the Minister of Natural Resources stated: If sanction is approved, then part of the money could be spent. If not, it will not be spent.

I ask the Premier: Why did you break the commitment and what is this indicating? Is Nalcor now out of funds?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

In Budget 2011, there was $350 million set aside as an equity investment in Nalcor. None of that money was utilized. In this year's Budget, $650 million was set aside for both the Lower Churchill Project and oil and gas exploration.

Mr. Speaker, this year to date $45 million has been transferred, on October 1, from the Department of Natural Resources to Nalcor. That $45 million is 80 per cent for the Lower Churchill Project and the other 20 per cent has gone to oil and gas.

The major expenditure, Mr. Speaker, has been the building of the road. As the Premier indicated, we expected that sanction would take place prior to this date. Without the building of the road, another construction year would have been lost. So we felt it was prudent this year, Mr. Speaker, to allow for the transfer of this money to build the road to not lose a construction year.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Official Opposition.

MR. BALL: Thank you, Minister. That was a very good answer; I have to say, sir. I may not like it and it may not be what you said a few months ago, but it was a very good answer.

Mr. Speaker, in a meeting we had with Nalcor last week, it was indicated that the federal loan guarantee on Muskrat Falls would consist of two separate components: one for the Maritime Link and one for everything else. This would mean that the original MOU on the loan guarantee has changed.

I ask the Premier: Have there been any changes to the MOU that would allow the loan guarantee to be broken out into those two components? Are there any other conditions that are changed in this agreement?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Mr. Speaker, the Prime Minister has been very clear from the beginning that this project will receive a loan guarantee because it was a regional project. It was a project to the benefit of Atlantic Canada, particularly Newfoundland and Labrador and Nova Scotia. Mr. Speaker, it is a regional project and benefits will accrue to both provinces from the loan guarantee. There has never been any ambivalence about that part.

SOME HON. MEMBERS: Hear, hear!

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

MR. EDMUNDS: Thank you, Mr. Speaker.

An independent study commissioned by the Nunatsiavut Government has concluded that elevated levels of mercury have been found in fish in Lake Melville as a result of the Upper Churchill Project. Despite Nalcor's determination that an environmental assessment of Lake Melville for the Muskrat Falls development is not necessary, the Nunatsiavut Government and the Joint Review Panel have recommended otherwise.

I ask the Minister of Natural Resources: Why is Nalcor ignoring the recommendation of the Joint Review Panel and proceeding with the project without an environmental assessment in Lake Melville?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MR. HEDDERSON: Thank you, Mr. Speaker.

Doing the environmental assessment on a project of that nature, you have to take into account a balance, making sure that you are addressing any of the side effects of any development and the footprint that it gives. Looking at the balance of it all, obviously we go forward with a project that will allow, for example, to take out Holyrood and the millions of tonnes of greenhouse gasses that will be emitted from that facility.

SOME HON. MEMBERS: Hear, hear!

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

MR. EDMUNDS: Thank you, Mr. Speaker.

I cannot see what that has to do with Lake Melville.

Mr. Speaker, the Province's duty to consult the Nunatsiavut Government under the Labrador Inuit Land Claims Agreement is clearly stated in the agreement itself. It states that the minister shall consult with the Nunatsiavut Government where it is determined to be any impact on water use in the Labrador Inuit Settlement Area, such is the case with Lake Melville in respect to the Muskrat Falls development.

I ask the Minister of Natural Resources: Has the government or Nalcor begun this duty to consult with the Nunatsiavut Government as dictated in the Labrador Inuit Land Claims Agreement?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, thank you, Mr. Speaker.

The legal obligation placed upon the government in the duty to consult is on a spectrum. It can be, Mr. Speaker, a meeting and discussion, or it can be ongoing discussions and the provision of money for legal representation. It is my understanding that the Nunatsiavut Government presented before the Joint Review Panel; they made their positions known, so obviously, there were discussions ongoing. The Joint Review Panel made a recommendation, Mr. Speaker. Nalcor has indicated that there is ongoing monitoring of this issue. To me, that seems to satisfy the legal definition of the duty to consult.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Mr. Speaker, it has been almost six years since the government announced a new hospital for Corner Brook. Construction was scheduled to begin in August, 2012. The functional committee has not met in twenty-four months. Last year, this government embarrassed the people of Corner Brook by offering $1 million, and we learned that the project is in the pre-design stage. The Corner Brook City Council has expressed concern over the delays.

I ask the Minister of Health and Community Services: Can you provide an update on the Corner Brook hospital and tell the people of Corner Brook when construction will begin for this new hospital?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am disappointed. I thought I was going to get this question yesterday, but I got it today, and I am happy to have the question.

You asked about meetings that have taken place, and I am happy to report on that, because I think there is some misinformation out there. I understand that you believe there have not been any meetings, so I want to update you on that. Summer 2012, HCS officials met with Western Health and regional leads, Mr. Speaker, to discuss the results of the Stantec review, which has taken place. In October of this year, the contract was awarded to review and refine that master plan, and in November of this year, my officials have met with Western Health and regional leads to discuss that work, and there is a commitment to another meeting at the end of this month, Mr. Speaker.

Mr. Speaker, we are moving forward, we are making progress, and I am very happy with the work that is being done by the people in my department and by the people in the Department of Transportation and Works, as well, on this project.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Bay of Islands.

MR. JOYCE: Mr. Speaker, I say to the minister, this is six years you have been trying to hold meetings. The functional design committee in the hospital has not met for twenty-four months.

So, I ask the minister again: When will construction start, and when will the design start of the hospital in Corner Brook that the Minister of Finance and the Member for Humber West promised to start construction in 2012? Be up front with the people in Corner Brook.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Thank you, Mr. Speaker.

I have sat in the House day after day after day, and in a different portfolio and a different role, and listened to questions from the member opposite and heard many answers from the ministers on this side responsible for the Corner Brook hospital development and planning and, you know, I get it. I can tell you, Mr. Speaker, I get it. I think the members on this side of the House get it, but I do not think what the member opposite understands is that to build such a facility is a significant piece of work. Mr. Speaker, I tell you, it is a significant piece of work. There are steps to go through.

Now, there has been a lot of work done on the site. We know there has been work done on the site. I am not going to reiterate all of the history that has been delivered in this House before, because the hon. member is quite aware of the work that has been done on the site. The road development that has taken place, infrastructure that has been put in place to prepare for the construction, and the process is moving forward. As my colleague has indicated, it is going forward.

MR. SPEAKER: Order, please!

The hon. the Member for St. Barbe.

SOME HON. MEMBERS: Hear, hear!

MR. BENNETT: Mr. Speaker, yesterday I met with the Newfoundland and Labrador School Bus Owners Association. They have been lobbying government for years for changes to fix the school busing system. While government announces yet another study this week to stall making any decisions, a critical deadline for private school bus operators fast approaches. These bus owners only have until January, 2013 to order 200 buses that are slated to come off the road next week because they are too old.

I ask the minister: Does he intend to immediately address this crisis and ensure there is adequate transportation for our students during the next school year?

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

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, the RFP that we have called for is certainly not to be diminished, as the member opposite seems to think. This will provide an opportunity, Mr. Speaker, for the private contractors to have input into a process whereby we are looking at improving a service for the students of this Province. It is as simple as that, to find efficiencies within our existing budget.

Mr. Speaker, the bottom line for both our board owned buses and for the private contractors is that we improve service. We have met with these operators – I believe I said yesterday it was on three occasions - myself and the previous Minister of Service NL. I expect before long the present Minister of Service NL, and I will be meeting with them again. Mr. Speaker, we certainly want to hear their input, but more importantly, now that the RFP is called I expect they will put their input into that process.

MR. SPEAKER: The hon. the Member for St. Barbe.

SOME HON. MEMBERS: Hear, hear!

MR. BENNETT: Mr. Speaker, this RFP will be the third report on school buses this government has ordered since 2005. It is time to start acting to address the glaring problems instead of wasting precious time.

I ask the minister: What is the expected timeline set to have this new study completed and the recommendations implemented? Will it be completed in time to address this looming crisis? Six weeks away, Mr. Speaker, they have to order new buses.

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

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, let's put out a few facts for the hon. members, of what we have done as a government.

When government came in 2003, Mr. Speaker, we had a fourteen year age for the bus. We have reduced that down to twelve. The average age for buses in this Province right now, Mr. Speaker, is 8.7, eight-and-a-half years old. We have made major, major improvements. We have made every opportunity and provided extensions for those operators to meet the D250 standards.

We cannot do much more. We provided them with extensions. We offered to work with them. Mr. Speaker, I would ask that they co-operate with us and we will get the job done.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burgeo – La Poile.

MR. A. PARSONS: Mr. Speaker, in response to stalling on paying family caregivers, the Minister of Health stated there is absolutely no template to follow, nowhere to go to get advice. In fact, that is not true. From Nova Scotia to Australia, from the UK to Germany, there are plenty of models there. This is not a novel concept.

I ask the minister: How is it that you are unaware of these models?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am not sure exactly what information the member opposite is referring to. There are aspects of paid family care in various jurisdictions, Mr. Speaker. There is, however, no paid family care program in any of those jurisdictions. There are aspects of it.

There is one jurisdiction, for example, that will pay up to, I think, $200 a month for a particular aspect of paid family care; however, it does not define family. It does not give any of the parameters.

What we are going to do, Mr. Speaker, is we are going to ensure that the people of Newfoundland and Labrador who want and need a paid family caregiver program are going to get an exceptionally good program that is based in evidence, Mr. Speaker, and our research.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, the Premier continues to show her contempt for the lawful process that protects the peoples of this Province. She refuses to allow the PUB to perform its duty and review the Muskrat Falls Project. She instead proposes a private member's motion, allowing for only a two-hour debate of the largest, most controversial investment in the history of this Province.

Mr. Speaker, I ask the Premier: Why does she continue to hold democratic due process and the intelligence of the people of this Province in such contempt?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, as I have said before, over twenty times the Opposition Parties asked for a debate in this House of Assembly, a debate amongst policymakers, Mr. Speaker. Experts have been speaking publicly for over two years on this project, Mr. Speaker. Engineers and other planners have been working for over thirty years on aspects of the development of the Lower Churchill.

They come; they do not want to debate this issue in the House of Assembly, Mr. Speaker. They are prepared to come in and have some kind of a committee meeting, but they are not prepared to put themselves on the line.

Yesterday, when we made an alternate proposal to try and encourage them to have this debate on the House of Assembly, Mr. Speaker, the Leader of the Third Party would not even take five minutes to consider it before she turned it down.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

MS MICHAEL: Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

MS MICHAEL: Mr. Speaker, in case the Premier does not listen to herself, she ought to know –

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The Speaker has recognized the hon. the Leader of the Third Party.

MS MICHAEL: Thank you, Mr. Speaker.

In case the Premier does not listen to herself, she ought to know that everybody else in this Province recognizes that everything this government has done around the debate has been manipulation. The people in the Province see it.

In August 2011, the joint federal-provincial environmental review panel on the Lower Churchill recommended that government undertake a separate and formal review of the projected cash flow of the project to ensure it is good for the Province before sanctioning the Muskrat Falls Project. It was their number one recommendation. Government's formal response to this recommendation was to acknowledge that a review was required prior to sanction.

Mr. Speaker, I ask the Premier: Has government conducted such a review and will she make it public?

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the one thing that I would like to say in my opening remarks to the answer to this question is: because the Leader of the Third Party says it is so does not make it so. Day after day after day in this House last session we heard that the people of the Province were against this project, that she was inundated by phone calls, by e-mails, by personal representations to say that the people of the Province were against this project – patently untrue, Mr. Speaker, as a poll yesterday will attest to.

Mr. Speaker, all of the information that we have gathered on the development of the Lower Churchill has been made available to the Opposition parties. The experts have been made available to the Opposition parties, and we have published this information for all of the people in the Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

MS MICHAEL: Mr. Speaker, obviously the government has not done that cash flow review and followed that number one recommendation of the panel.

I ask the Premier: How can she agree with something in principle and then not take action on it?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, obviously the economics of the project would have to be examined by the people who are going to provide funding for this project, the bond-rating agencies, the federal government, Nalcor, our government, and, as we have said before, MHI. Mr. Speaker, there is going to be enough money from this project, as indeed in all hydroelectricity projects and all energy projects, that will cover the cost of operation and cover the cost of capital. It will give a return on investment and then there will be enough cash flow left over that will come to the Province to enable the Province to pay down any debt it takes out for its equity investment. This is a great project.

Look at the utility companies. Tell me how many hydroelectric projects in this country have gone bankrupt. Look at Bay d'Espoir. Look what has happened. Look at the wealth that has been created.

The best thing about this deal is it provides the lowest and cheapest rates –

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Third Party.

SOME HON. MEMBERS: Hear, hear!

MS MICHAEL: Mr. Speaker, this government expects us to come and sit in this House on December 5 –

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

MS MICHAEL: – and listen to them without the details of this project. I cannot believe what we are hearing in this House. No cash flow has been studied by that government.

Mr. Speaker, after waiting months to meet with Prime Minister Harper, a meeting that only lasted forty minutes, the Premier said on September 26 that she was millimetres away from the federal loan guarantee. Yesterday in the House the Premier sang a different tune. Now it is: they will take whatever time it takes and there will be no sanction of the project without it.

Mr. Speaker, I ask the Premier: What has happened to the negotiations that seem to be turning millimetres into light years?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, the Leader of the Third Party is so fearful that we are going to be successful in the sanction of this project. It is absolutely incredible, Mr. Speaker – it is incredible.

We made the announcement of the Decision Gate 3 numbers and the MHI report on a Tuesday, Mr. Speaker. On Wednesday, the Leader of the Third Party demanded every piece of information that had informed those documents and she wanted three weeks to review them. The following day, on Thursday, the minister released a forty-page document on natural gas, and she took to the airwaves again complaining that she was being overwhelmed with information.

Now, Mr. Speaker, you cannot have it both ways. Everything that ought to be done will be done before (inaudible) –

MR. SPEAKER: Order, please!

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. MURPHY: Thank you, Mr. Speaker.

The Federation of Canadian Municipalities says in its latest statement that Canadian municipalities need a twenty-year plan to deal with crumbling infrastructure.

Can the minister please tell this House what representation his government has made to the federal government to help deal with the need for the extra funding?

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

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, I am ever so happy to report in this House that I had meetings with the president of the national federation just recently in Gander, and we had quite a discussion in regard to the wants and needs of infrastructure right across Canada.

The happy thing that I have to report is that since 2008, we have invested, as a government, close to $700 million in infrastructure requirements in municipalities right across Newfoundland and Labrador. I am happy to report that, and that is our plan, this provincial plan, to support our municipalities. We will continue to support our municipalities and each and everybody.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's East.

MR. MURPHY: It is good to hear, Mr. Speaker, that the pressure is working and we are starting to see some solid investments.

Can the minister please tell this House what progress he and his government have made in coming to any agreement with municipalities in this Province for a new funding arrangement with our towns and cities?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Yes, Mr. Speaker.

Maybe if the member was a good critic, he would meet with Municipalities Newfoundland and Labrador and they would give you a good overview of the progress that we have made to date. As a matter of fact, in their own words: The best meetings they have ever had with any government in Newfoundland and Labrador since 1949.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

MS ROGERS: Mr. Speaker, trans-people are the most vilified, bullied, and discriminated in our society, often refused employment, housing, and comprehensive health services. The Northwest Territories, Manitoba, and Ontario have amended their human rights legislation to include gender identity and gender expression as prohibitive grounds for discrimination. Today, Nova Scotia introduced a bill to amend theirs, and Quebec is in the process, as is the federal government. Our own Human Rights Commission asked the government two years ago to amend our Human Rights Act to include gender identity.

Mr. Speaker, I ask the Minister of Justice: When will your government amend our Human Rights Act to include gender identity and expression as prohibitive grounds for discrimination?

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. KING: Thank you, Mr. Speaker.

I thank the member for the question. For the benefit of the House, we are advised, through our legal advisors and through the Human Rights Commission, that there are no gaps in the current legislation and that provisions that the member is asking for are currently there.

I would invite the member opposite, and any member of the House or the public, to make me aware if there have been incidents where they presented themselves through the Human Rights Commission and they have not been heard in an appropriate manner, to make that available to us, and we will certainly follow up.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. John's Centre.

MS ROGERS: Thank you, Mr. Speaker.

The legal thoughts across the country are contrary to that. Mr. Speaker, trans-people in Newfoundland and Labrador are required to go to the Centre for Addictions and Mental Health in Toronto, often waiting up to fourteen months for an appointment and at great personal expense and hardship in order to be diagnosed that their health needs, such as sex reassignment surgery, will be covered by MCP. There are qualified doctors here in the Province able and willing to provide that diagnostic service.

Mr. Speaker, I ask the Minister of Health: Will she change the policy and establish an assessment team of our own qualified doctors to provide this vital diagnostic service for trans-people in Newfoundland and Labrador?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

I thank you for the question as well because these are important questions that are being asked and we are happy to respond to the questions and to take any advice that you may have with regard to what should be done.

At this point in time, Mr. Speaker, we are providing money through the Newfoundland and Labrador Sexual Health Association and we also are providing money through our regular MCP contributions for various hormone replacement treatments for various surgeries and so on, but we are certainly willing to sit and talk and have conversations around those issues.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Time for a quick question without preamble.

MS ROGERS: Mr. Speaker, Rosemarie is a fifty-one-year-old woman in my district with severe –

MR. SPEAKER: Without preamble, I ask the member. Very quickly, get to your question.

MS ROGERS: Yes.

If the policy for funding assistive devices for people is not flexible enough to meet their specific medical needs, I ask the Minister of Health: Will she review the policies of her department so that recommendations made by her own health professionals can be followed?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I assume the program that is being referred to here is the Special Assistance Program and that program is one that we are constantly reviewing. We are very concerned to see to it that the special equipment that the people of Newfoundland and Labrador require is being provided.

MR. SPEAKER: Order, please!

The time for Question Period has expired.

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

MR. SPEAKER: The Government House Leader, on a point of order.

MR. KING: Mr. Speaker, I raise a point of order for your consideration, in the absence of Hansard. A little while ago the Minister of Health took a question from the Member for Burgeo – La Poile. It was my understanding that he suggested that she had said something was not true, and I believe that would be considered unparliamentary in this House.

MR. SPEAKER: The Member for Burgeo – La Poile.

MR. A. PARSONS: I withdraw the comment, Mr. Speaker.

MR. SPEAKER: Thank you.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury Board and Attorney General.

MR. MARSHALL: Thank you, Mr. Speaker.

I give notice that I will ask leave to introduce a bill entitled, An Act To Amend The Public Service Pensions Act, 1991. (Bill 43)

Mr. Speaker, I further give notice that I will ask leave to introduce a bill entitled, An Act To Revise And Amend The Law Respecting Pensions For The Members Of The Royal Newfoundland Constabulary, Correctional Officers And Certain FireFighters Of The St. John's Regional Fire Department. (Bill 44)

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Minister of Natural Resources.

MR. KENNEDY: Yes, Mr. Speaker, I give notice that I will ask leave to introduce a bill entitled, An Act To Amend The Animal Health And Protection Act. (Bill 45)

MR. SPEAKER: The hon. the Minister of Service Newfoundland and Labrador.

MR. MCGRATH: Mr. Speaker, I give notice that I will ask leave to introduce a bill entitled, An Act To Amend The Motorized Snow Vehicles And All-Terrain Vehicles Act. (Bill 46)

MR. SPEAKER: Answers to Questions for which Notice has been Given.

Petitions.

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, I rise today to present a petition signed by a group of young people from a conference called RADHOC at the university. The petition reads:

WHEREAS education is a provincial responsibility; and

WHEREAS students in rural communities do not have the same technological resources as students in urban areas due to their geography whereabouts, and distance from urban centres; and

WHEREAS because of this, students in rural areas have a disadvantage when it comes to school work, and overall knowledge of the world around them;

WHEREUPON your petitioners call upon all members of the House of Assembly to urge government to assist in expanding the coverage of broadband Internet to all areas of the Province in order to ensure equal access to education, current events, and opportunities to residents of the Province.

And as your petitioners will ever pray.

Mr. Speaker, I present this petition. It is one of two petitions that were provided to me approximately two weeks ago when I attended a youth leadership conference at Memorial University. It is a remarkable get together of young people from all over the Province who learn leadership skills and share experiences with each other, some from St. John's, and some from other communities.

One thing that is really noteworthy about this petition is that while it might be expected that students from rural communities would be concerned about a petition such as this and about a service such as this, in fact, a great number of the students who signed are from St. John's. They do not need this service themselves but they see the need of other students who need this service in order to be able to compete effectively in pursuing their education.

Mr. Speaker, I present this petition on behalf of these young people, who they are all named, names and addresses. They attended the RADHOC conference at Memorial University.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Burgeo – La Poile.

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

I have a petition.

To the hon. House of Assembly of the Province of Newfoundland and Labrador in Parliament assembled, the petition of the undersigned residents humbly sheweth:

WHEREAS hundreds of residents of the South Coast of the Province of Newfoundland and Labrador, including residents of the communities of Burgeo, Ramea, Grey River, and François use Route 480 on a regular basis for work, medical, educational and social reasons; and

WHEREAS there is no cellphone coverage on Route 480; and

WHEREAS residents and users of Route 480 require cellphone coverage to ensure their safety and communication abilities; and

WHEREAS the Department of IBRD recently announced significant funding to improve broadband services in rural Newfoundland and Labrador; and

WHEREAS the residents and users of Route 480 feel that the Department of Innovation, Business and Rural Development should also invest in cellular phone coverage for rural Newfoundland and Labrador;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House of Assembly to urge government to support the users of Route 480 in their request to obtain cellphone coverage along Route 480.

And as in duty bound, your petitioners will ever pray.

Now, Mr. Speaker, this is a petition that I have stood in this House on numerous occasions to raise. I have actually taken the time outside the House to write correspondence to the Minister of Innovation, Business and Rural Development, and certainly to his credit and his department's, they have always answered any correspondence that I have sent.

The problem is, though, I do have an issue with what is coming back to me, because it is not quite what I want to hear. What they are saying is that any investments in this area will have to be made within the fiscal environment in which we are operating. The bad news is that the fiscal environment in which we are operating does not seem to be very good these days, considering the cuts across the board.

It sounds like what I am asking for my district – and I think there are a lot of members in this House on both sides are asking for – is not going to happen any time soon from the sounds of these letters, Mr. Speaker. We need a strategy. Cellphone coverage is not just a desire any more; it is not just a want. It is a need in this time. It is 2012 and we need to have a strategy.

The other issue I have is that there has not been a strategy identified, that I am aware of, where the Province has seen this or identified this as an issue and is taking any steps to remedy the issue. I just do not know if that is there. A lot of times it is a case of, well, we will talk to the providers; however, the Province needs to identify it as an issue, come up with a strategy, and then we can work together to make sure that this issue is dealt with.

This is just the first of many that I will be putting in this session, Mr. Speaker.

Thank you for the opportunity.

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

MS ROGERS: Thank you, Mr. Speaker.

To the hon. House of Assembly of the Province of Newfoundland and Labrador in Parliament assembled, the petition of the undersigned residents of Newfoundland and Labrador humbly sheweth:

WHEREAS transgendered people face high risk of discrimination, violence, underemployment and lack of access to housing and other services; and

WHEREAS a recent EGALE Canada survey found that 90 per cent of transgender youth hear transphobic comments regularly from other students and one quarter hear such comments from teachers, and

WHEREAS the Public Health Agency of Canada reports that nearly half of trans youth seriously considered suicide and one-fifth attempted it in the previous year; and

WHEREAS all individuals should have equal opportunity to live their lives and meet their needs without being hindered or prevented by discriminatory practices based on gender identity or gender expression; and

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House of Assembly to urge government to amend the Human Rights Act to include gender identity and gender expression in the list of prohibited grounds of discrimination.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, I have received several signed petitions from both transgendered people and their supporters and their allies begging for the Province to step up to the plate and amend our Human Rights Act. This has been a long time coming. There is so little more that needs to be said. Amending our Human Rights Act to include gender identity and gender expression is about basic human rights for some of the most disenfranchised people in our society.

We know that trans people, especially youth, are among the most bullied, harassed, and misunderstood. Trans people often face discrimination in employment, housing, and health. Yet on the other hand, trans people are fully-functioning, contributing members of our communities. Trans people are our doctors, lawyers, and chefs. They are civil servants, politicians, police officers – yes, even hairdressers and entertainers, too. They are our brothers, our sisters, our children, and our neighbours. Together in all our diversity we make up our home, Newfoundland and Labrador.

To date, the Northwest Territories, Ontario, and Manitoba have amended their human rights legislation to include gender identity and expression. Quebec is in the process. Again, only today Nova Scotia has introduced their bill to amend their Human Rights Act. It is happening now today with a special Justice committee in Canada on the federal level.

It is an important issue. There are huge gaps as acknowledged by the Canadian Human Rights Tribunal and a number of experts who are writing on human rights law. Every time a trans person goes with a case to a human rights court there is an added extra level, a legal step: that they have to prove it is not about sexual orientation or it is not about sex.

Two years ago, our own Human Rights Commission instructed and made recommendations to this government to amend our Human Rights Act to include gender identity and gender expression. So it is clear in human rights circles that there is a huge gap that can be so easily filled. All the research has been done. The legal experts and human rights experts are attesting to that. Mr. Speaker, the time is now.

On behalf of the people of Newfoundland and Labrador, I ask this government to do the right thing: amend our Human Rights Act so we can proudly say that all Newfoundland and Labrador people are protected and have the right to live in dignity, safety, and with respect. We can do this.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KIRBY: Thank you, Mr. Speaker.

This is the Catalina Elementary School petition.

To the hon. House of Assembly of the Province of Newfoundland and Labrador in Parliament assembled, the petition of the undersigned residents of Newfoundland and Labrador humbly sheweth:

WHEREAS the Eastern School District is considering a multi-year plan to close Catalina Elementary in June 2013; and

WHEREAS it has been proven by the spring CRT 2012 results that Catalina Elementary exceeds the district and provincial numbers; and

WHEREAS the educators at Catalina Elementary are qualified and provide a strong academic program with a full curriculum; and

WHEREAS Catalina Elementary has developed grounds, including a playground, soccer field, and a basketball-hockey court, as stipulated in the Active and Healthy Living guidelines of the Bonavista School District: Section 2.0, provided through community support; and

WHEREAS Catalina Elementary, being a newer school, is structurally sound, with a music room, science lab, and cafeteria; and

WHEREAS the parents, business owners, social groups, and concerned citizens of the municipality of Trinity Bay North in the Eastern School District request to rescind this proposal.

Since Catalina Elementary has met and exceeded all aspects set forth for a viable school, we the undersigned petition the House of Assembly to urge the government to ensure that the Eastern School District is provided with sufficient funding to keep Catalina Elementary School open.

As in duty bound, your petitioners will ever pray.

As I mentioned yesterday, Mr. Speaker, when I presented the petition on behalf of the school council at Immaculate Conception School in Colliers, parents in a number of communities around the Province are concerned about proposed closures and reconfigurations in the Eastern School District. This is especially so for parents of children who attend Catalina Elementary.

I was at the Eastern School District meeting recently, earlier this month, in Shoal Harbour, and one woman there just called this another blow for the area. As we know, Hurricane Igor hit that area hard. They have lost the Port Union fish plant and people believe this proposed school closure, should it proceed, will have a devastating impact on the community, a community that is doing its best to recover and move forward.

While they have been asking the board and certainly their MHA, the Catalina Elementary School Council has not managed to get any answer regarding the reason or reasons for closing their school, and they have an excellent school with excellent teachers.

As the petition points out, their students have regularly scored higher than the provincial and district averages on the Province's Criterion Referenced Test in math and language arts, so they have good reason to ask why their school should close.

It is interesting; I received an e-mail just before I came into the Chamber from a constituent of the Member for Bonavista South. One of the things she said is that in this instance they believe that common sense should prevail over dollars and cents. I hope that the members opposite will think about these concerns and hear the concerns of the petitioners, Mr. Speaker.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Member for St. Barbe.

MR. BENNETT: To the hon. House of Assembly, in Parliament assembled, this petition is from residents of the Town of Bellburns:

WHEREAS with declining enrolment, distance education by Internet is now an accepted way to deliver educational services to students living in small communities; and

WHEREAS students have little to no say in where they or their families reside; and

WHEREAS many families do not have the ability to relocate so that their children can access educational opportunities in larger centres; and

WHEREAS many small businesses rely on the Internet to conduct business; and

WHEREAS high-speed Internet permits a business to be more competitive than the slower dial-up service; and

WHEREAS no high-speed Internet service exists in the community of Bellburns; and

WHEREAS there are no plans to offer high-speed Internet to residents of this community;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House of Assembly to urge government to partner with the private sector and to offer high-speed Internet service to this community.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, back in the spring session when residents of my district found out that certain towns were going to be covered in the government's most recent initiative and then others were going to be left out, there was real panic with a lot of the communities that are going to be left out. Then, some of them requested that I present a petition to the House of Assembly.

After presenting a petition and then another petition, word got out in the whole district and even in other districts. Districts as far away as Stephenville contacted me and wanted to know if I would present a petition on their behalf. The hue and cry of the people being left behind with high-speed Internet is quite substantial in these smaller communities.

Bellburns is a fully functioning town. It is an incorporated town, and the people pay property taxes. While there are fewer than 100 people living in Bellburns, because of where they are situated, they cannot get cellphone service and they also cannot receive high-speed Internet. This petition requests that this House urge government to look at this situation. Being left behind in high-speed Internet at this time may mean they will never catch up, and ultimately, may spell the death now of this small community and many other smaller communities like Eddies Cove West. I rose on their behalf yesterday.

Mr. Speaker, I present this petition on behalf of the residents of Bellburns.

Thank you.

MR. SPEAKER: The Member for The Straits – White Bay North.

MR. MITCHELMORE: Thank you, Mr. Speaker.

I rise today to present a petition to the hon. House of Assembly of the Province of Newfoundland and Labrador in Parliament assembled, the petition of the undersigned residents humbly sheweth:

WHEREAS the moose population is in decline in Moose Management Areas 40, 45 and 1 due to overkill of female and calves and the extended season; and

WHEREAS increase to licences, including female only, calves and either sex; and

WHEREAS the extending of the moose season is having an impact on all animals. Using ATVs or snowmobiles, destroying and pursuing animals in winter yards. It is no longer a hunt, but a kill;

WHEREUPON the undersigned, your petitioners, humbly pray and call upon the House of Assembly to urge government to discontinue female only, calf, either sex, return the hunting season on dates back to the last week of November and reduce licences.

As in duty bound, your petitioners will ever pray.

Mr. Speaker, I recognize that the Division of Wildlife has undertaken moose management consultations across the Province and many people in the Province have not had the ability to take part in the session. I know myself and my colleague, the Member for St. John's East, have.

In the session that was held in Plum Point on talking about moose management, there were a number of people in the room, about fifty, but this petition has a significant amount of signatures, including residents from Flower's Cove, Green Island Brook, as far as Lab City, including Clarenville, Conche, Roddickton, Main Brook, St. John's, Alberta, and St. Anthony.

What the petitioners are looking at, Mr. Speaker, is taking a very serious look at our declining moose population and what can be done to ensure that we have a sustainable hunt so that Newfoundlanders and Labradorians can continue the benefits of having the fresh meat in the Province, can enjoy what is a moose hunt, and also that there can be a great balance. That is what these petitioners are asking.

I put this to urge the House, to the new Minister of Environment who is responsible for wildlife, to work with the Department of Transportation and Works, the Department of Tourism, Culture and Recreation, and Justice to ensure that we do have a sustainable moose population in Areas 40, 45 and 1.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KING: Mr. Speaker, with leave, I would like to move that the bills for which notice was just previously given today, move to first reading.

MR. SPEAKER: Do ministers have leave?

MR. KING: Mr. Speaker, I move, seconded by the Minister of Finance, for leave to introduce a bill entitled, An Act To Amend The Public Service Pensions Act, 1991, Bill 43, and be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. Minister of Finance and President of Treasury Board shall have leave to introduce a bill, An Act To Amend The Public Service Pensions Act, 1991, and that the said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to introduce Bill 43, and that the said bill be now read a first time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Motion carried.

Motion, the hon. the Minister of Finance and President of Treasury Board to introduce a bill, "An Act To Amend The Public Service Pensions Act, 1991", carried. (Bill 43)

CLERK: A bill, An Act To Amend The Public Service Pensions Act, 1991. (Bill 43)

On motion, Bill 43 read a first time.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Finance, for leave to introduce a bill entitled, An Act To Revise And Amend The Law Respecting Pensions For The Members Of The Royal Newfoundland Constabulary, Correctional Officers And Certain Firefighters Of The St. John's Regional Fire Department, Bill 44, and I further move that the said bill now be read the first time.

MR. SPEAKER: It is moved and seconded that the hon. Minister of Finance and President of Treasury Board shall have leave to introduce a bill, An Act To Revise And Amend The Law Respecting Pensions For The Members Of The Royal Newfoundland Constabulary, Correctional Officers And Certain Firefighters Of The St. John's Regional Fire Department, and that the said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to introduce Bill 44, and that the said bill be now read a first time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Motion carried.

Motion, the hon. the Minister of Finance and President of Treasury Board to introduce a bill, "An Act To Revise And Amend The Law Respecting Pensions For The Members Of The Royal Newfoundland Constabulary, Correctional Officers And Certain Firefighters Of The St. John's Regional Fire Department", carried. (Bill 44)

CLERK: A bill, An Act To Revise And Amend The Law Respecting Pensions For The Members Of The Royal Newfoundland Constabulary, Correctional Officers And Certain Firefighters Of The St. John's Regional Fire Department. (Bill 44)

On motion, Bill 44 read a first time.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Natural Resources, for leave to introduce a bill entitled, An Act To Amend The Animal Health And Protection Act, Bill 45, and the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. Minister of Natural Resources shall have leave to introduce a bill, An Act To Amend The Animal Health And Protection Act, Bill 45, and that the said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to introduce Bill 45 and that the said bill be now read a first time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Motion carried.

Motion, the hon. the Minister of Natural Resources to introduce a bill, "An Act To Amend The Animal Health And Protection Act", carried. (Bill 45)

CLERK: A bill, An Act To Amend The Animal Health And Protection Act. (Bill 45)

On motion, Bill 45 read a first time.

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

MR. KING: Mr. Speaker, I move, seconded by the Minister of Service Newfoundland and Labrador for leave to introduce a bill entitled, An Act To Amend The Motorized Snow Vehicles And All-Terrain Vehicles Act, Bill 46, and I further move that the said bill be now read the first time.

MR. SPEAKER: It is moved and seconded that the hon. Minister of Service Newfoundland and Labrador shall have leave to introduce a bill, An Act To Amend The Motorized Snow Vehicles And All-Terrain Vehicles Act, Bill 46, and that the said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to introduce Bill 46 and that the bill be now read a first time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Motion carried.

Motion, the hon. the Minister of Service Newfoundland and Labrador to introduce a bill, "An Act To Amend The Motorized Snow Vehicles And All-Terrain Vehicles Act", carried. (Bill 46)

CLERK: A bill, An Act To Amend The Motorized Snow Vehicles And All-Terrain Vehicles Act. (Bill 46)

On motion, Bill 46 read a first time.

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

MR. KING: Order 2, third reading of Bill 31, An Act To Amend The Public Service Collective Bargaining Act.

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

MR. KING: I will speak to that one, Mr. Speaker.

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

MR. KING: Thank you.

Mr. Speaker, I move, seconded by the Minister of Finance, that Bill 31, An Act To Amend The Public Service Collective Bargaining Act, be now read the third time.

MR. SPEAKER: It is moved and seconded that the bill be now read a third time.

Is it the pleasure of the House to adopt the motion and that Bill 31 be now read a third time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Motion carried.

CLERK: A bill, An Act To Amend The Public Service Collective Bargaining Act. (Bill 31)

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 Public Service Collective Bargaining Act", read a third time, ordered passed and its title be as on the Order Paper. (Bill 31)

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

MR. KING: Mr. Speaker, I call from the Order Paper, Order 5, second reading of Bill 40, An Act To Amend The Health Research Ethics Authority Act, The Medical Care Insurance Act, 1999 And The Mental Health Care And Treatment Act.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am happy to be here on the second day the House is open to stand and speak to this bill. I certainly would like to take an opportunity since it is the first time on my feet other than Question Period –

MR. SPEAKER: Would the minister like to start her comments by introducing the motion?

MS SULLIVAN: Sorry.

I would like to move Bill 40, second reading of An Act To Amend The Health Research Ethics Authority Act, The Medical Care Insurance Act, 1999 And The Mental Health Care And Treatment Act.

MR. SPEAKER: It is moved and seconded that Bill 42, An Act To Amend The Various Acts Of The Province Respecting Annual Reports be now read a second time.

Motion, second reading of a bill, "An Act To Amend The Health Research Ethics Authority Act, The Medical Care Insurance Act, 1999 And The Mental Health Care And Treatment Act" (Bill 40)

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

I am so anxious to get at it here today, Mr. Speaker.

As I started to say before I begin I would like to welcome our new Clerk here as well. I have had the pleasure of working with the Clerk in various other capacities. I am certainly happy to see her here at the Table in the centre floor today and we will welcome her guidance.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Mr. Speaker, we are going to take a look now at this particular act. I stand to introduce this bill. Essentially, it is to amend three statutes: the Mental Health Care and Treatment Act, the Health Research Ethics Authority Act, and the Medical Care Insurance Act, 1999.

It is with pleasure that I advise the hon. members of the House that these amendments will support the effective operation of three very important statutory bodies. Sometimes, Mr. Speaker, we do not pay enough attention to these bodies but they actually enable us to do some very, very good work within government. When we take a look at them and realize –

MR. SPEAKER: Order, please!

If I could just have a moment, you will have to excuse the Speaker, but I think I read into the record incorrectly, I was referring to Bill 42 and we are actually dealing with Bill 40. For clarification for Hansard, and for the people in the general public, the minister is speaking to Bill 40.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, the three very important statutory bodies that I have made reference to are the Mental Health Care and Treatment review board – and I am going to speak to each of these individually and talk about what it is these boards do and the kind of work they do – the Health Research Ethics Authority, and the Medical Care Insurance Act review panel.

These amendments are proposed, Mr. Speaker, in the interest of providing that the fine work of these boards will be able to continue uninterrupted with the ongoing involvement of experienced and committed volunteers, Mr. Speaker. We know in this Province that per capita we have more volunteers, I believe, than in many areas of the country. When it comes to looking at the volunteers who serve on these boards and authorities for us, we are certainly very blessed.

Mr. Speaker, the amendment to each act, each of the three acts that I made reference to, will ensure that members serving on these various boards are able to continue to serve beyond the defined term of their appointment in the event that a newly appointed person is not immediately able to assume the role, or until such time, Mr. Speaker, as the original appointee is formally reappointed to the board. Mr. Speaker, that has been an issue we have faced on one or two occasions. So, bringing in these amendments will ensure that we do not have to face any situation where we are not able to move forward with the good work that happens on these boards and on these authorities.

Currently, Mr. Speaker, members are appointed to their entities established under the Mental Health Care and Treatment Act, the Health Research Ethics Authority Act, and the Medical Care Insurance Act, 1999 and they serve for a three-year period. There is no authority in these acts to allow the appointed people to continue serving as members once their term of office expires, Mr. Speaker.

As the act reads now, while approval to reappoint is being pursued there could be a disruption in the work of these boards. A disruption could potentially have negative impact on public protection, as we all know. The work of these boards needs to continue. Public protection is of paramount importance to this government, and the current amendments are proposed to ensure that the effective operation of the boards is not impeded.

As well, Mr. Speaker, procedural rights could be affected if a board is not functioning properly due to the lapsed term of a member. Continuing expired appointments for a short time will support these rights by enabling the boards to continue with their regular operations. All of the health profession acts under the mandate of the Department of Health and Community Services – for example, the Social Workers Act, or the Health Professions Act – all already allow for continuation of the three-year term of public appointees when necessary.

In addition, the Regional Health Authorities Act, which governs the operations of our four RHAs: Eastern Health, Central Health, Western Health, and Labrador Grenfell Health, all of those authorities contain the same provisions that we are proposing today be added to these statutes that we are discussing. Therefore, if the proposed amendments are approved, the Mental Health Care and Treatment Act, the Health Research Ethics Authority Act, and the Medical Care Insurance Act, 1999 will be consistent with other departmental legislation.

Mr. Speaker, the Mental Health Care and Treatment Act has been in force for five years now. It represents a new approach to providing services for people with severe and persistent mental illness. Our government is committed to enhancing mental health and addiction services throughout Newfoundland and Labrador, Mr. Speaker.

Over the past three years we have invested nearly $30 million to enhance mental health and addictions services throughout the Province, Mr. Speaker. That is just over three years, about $30 million.

The per-capita spending in mental health in this Province is $296.97. This includes regional health authority mental health and addictions expenditures, departmental expenditures, pharmaceuticals covered through the NLPDP program, physician services, and out-of-province treatment costs.

In Budget 2012, $15.5 million, Mr. Speaker, was allocated for the continued development of the youth treatment centres in Grand Falls-Windsor and Paradise and the adult treatment centre in Harbour Grace. Mr. Speaker, I have to tell you that whenever I have occasion to drive by the two centres that are now in the process of being constructed, it brings me great pride, great joy to see those centres, because separating families, having to send them out of province for this treatment, is exceptionally difficult. So, to be able to do that right here at home will make a huge difference and I am really, really thrilled and pleased with the progress that is being made.

It was one thing to do a sod turning, Mr. Speaker, but to actually see the construction and see these buildings come into fruition and start to be close to being ready – we hope that by this time next year we can actually be in those buildings and be providing that service. It will make a huge difference to the young people of Newfoundland and Labrador and certainly the adult treatment centre in Harbour Grace as well.

This past May, I had the privilege of actually being out in both of those centres; Grand Falls-Windsor – of course, it is a little bit special to me because it is home – and also in Paradise, for the ground breaking on the treatment centres for youth with addictions.

It was amazing. I had a phone call from one young mother actually who spoke to me about how important it was and how that day she felt she had to come out and stand on the ground where a difference could be made for her son. It truly was inspiring, and this is work that I think we will all be very proud of and very pleased with over the next little bit of time.

I should point out to you as well, Mr. Speaker, and to the people at home who are listening, that Eastern Health has also awarded a contract for the planning and development of the adult residential addictions treatment centre in Harbour Grace to Homewood Health Centre Inc. of Guelph, Ontario, a very well-renowned, well-known health care provider group. We are very excited to be working with them as we do the functional planning on the adult piece for Harbour Grace.

As indicated in Budget 2011, our government has committed to constructing a modern facility as well to replace the existing psychiatric hospital in St. John's. We will continue to invest strategically to enhance access to valuable programs and service for those living with mental health and addictions issues. This is a key priority for our government, Mr. Speaker.

The Mental Health Care and Treatment Act, which came into effect on October 1, 2007, is an important aspect of our commitment. A key component of the act, which ensures accountability, procedural fairness, and protection of the rights of some of the most vulnerable people in this Province, is the Mental Health Care and Treatment Review Board. That is the board to which we are referring when we are talking about this particular amendment.

The review board in this Province conducts hearings to ensure defined criteria have been met before a person is certified or placed under a community treatment order. The review board is also responsible for making recommendations to regional health authorities where patients allege that there has been a denial of their rights under the Mental Health Care and Treatment Act.

The review board is composed of lawyers, physicians, and community representatives. When required, the review board convenes a panel of three members representing the three separate groups. The members are responsible for seeing that the patient's rights under the act are met.

The review board is a busy one, Mr. Speaker. It has held between thirty-one and forty-four hearings in each of the last four years. The board functions well due to the dedication and the commitment of the members who serve tirelessly on that board.

Mr. Speaker, the review board acts as a check and balance, if you will, within the mental health care and treatment system. It helps educate and inform patients and their families, and it contributes to a more accountable health system. Given the seriousness of involuntary certifications, and the necessity of ensuring that the board has a full complement of members from which to convene a review panel, it is critical that the terms of office of current members not lapse and that the members be able to participate when they are willing to remain in these positions until formal reappointments can be made or replacements appointed.

Allowing the automatic extension of terms of office provides a mechanism of ensuring the continuity of the protection of the rights of individuals with severe mental health issues. The right to a speedy and expert review of certifications and community treatment orders is a fundamental principle of the Mental Health Care And Treatment Act.

Mr. Speaker, I want to move on now and talk about the Health Research Ethics Authority Act that came into force in this Province on July 1, 2011. The Health Research Ethics Authority ensures that participants in human health research in Newfoundland and Labrador are protected from unethical research. The authority is also responsible for providing education and raising public awareness on ethics issues related to human health research.

The Health Research Ethics Authority is charged with the general supervision and approval of all health research involving human subjects conducted in this Province. This, Mr. Speaker, is a very significant responsibility. It impacts the researchers, participants in the studies, and the overall health of Newfoundlanders and Labradorians.

There have been, Mr. Speaker, incidents in the past where researchers have collected data using human subjects without following the appropriate and widely accepted ethical review procedures. The act ensures that all human health research projects are ethically reviewed.

The population of our Province, Mr. Speaker, is considered to have a homogenous gene pool that is conducive for health research, particularly in the fields of genetics. This characteristic, Mr. Speaker, has resulted in a high interest from both public and private sector health researchers in carrying out health research on the people of our Province.

Mr. Speaker, there has been extensive, valuable genetic research done by investigators at Memorial University. In particular, we are benefiting in this Province from research on cancers and certain heart conditions that are prevalent in this Province. Some of this research has been recognized in this hon. House for its value. The proposed amendment will strengthen the oversight and performance of the Health Research Ethics Authority by helping to ensure the valuable work of the authority is not interrupted, by permitting members of the authority to continue in their service until reappointment or replacements are identified.

Mr. Speaker, the third act that I want to take a look at is the Medical Care Insurance Act review panel. It is appointed pursuant to section 15.(1) of the Medical Care Insurance Act, 1999. Where an allegation has been made that a physician, dentist, or a professional medical corporation has been made – where that allegation has been made and has been convicted of an offence under the act, has submitted false statements, has a pattern of practice that deviates significantly from similar peer practices, or has made a claim for something that is not covered under the Medical Care Plan, the physician, dentist, or professional medical corporation may request a hearing by a review board.

Mr. Speaker, I am really pleased to say that in most situations the use of more informal mechanisms such as the ADR, the Alternate Dispute Resolution mechanism, has been quite successful in reducing the need for a review board hearing; however, the act provides the option to request a review board hearing. Therefore, it is necessary for a review panel to be available at all times.

Review panels serve an incredible public service. It is our duty as government to ensure their work is maintained uninterrupted and there is a level of continuity of service for residents of our Province. Members of these panels represent the very best in their field, Mr. Speaker. We endeavour to make appointments to these panels as efficiently as possible, recognizing the tremendous effort and due diligence it takes to identify potential candidates. Our amendments here today will ensure the work of these volunteers remains consistent.

Mr. Speaker, we are proud of the incredible sense of volunteerism in this Province. It is incumbent upon government to facilitate the work of volunteers on these boards by enabling appointments to continue uninterrupted. The proposed amendments will enhance government's commitment to the protection of the public, and uphold the rights of citizens and health practitioners to prompt and efficient handling of their situation.

I request, Mr. Speaker, that my hon. colleagues support this bill. This is something that we need to see happen for the people of Newfoundland and Labrador. I certainly look forward to seeing this legislation passed.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Verge): The hon. the Member for Burgeo – La Poile.

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

It is an honour and a privilege to stand here in this House again and have an opportunity to speak on behalf of not only my own constituents in my District of Burgeo – La Poile, but people all over this Province, and to actually have a chance to discuss legislation that governs us all. We have three pieces of legislation here today concerning the health care field. It is a bit convoluted.

This one alone references three separate pieces of legislation or three separate acts. We have the Health Research Ethics Authority Act, the Medical Care Insurance Act, 1999 and the Mental Health Care and Treatment Act. Mr. Speaker, if I could say that the pieces of legislation themselves are fairly straightforward in that they are housekeeping; my issue is with how we are handling legislation in this House. The fact is that we were given these about twenty-four hours ago, Mr. Speaker –twenty-four hours to go over this legislation, to look at the old legislation, and to make sure that what we are discussing is the right thing.

I take this seriously, because we want to be able to look at this stuff and make sure that if there are amendments being made, if they are good ones, we stand in support and if they are bad ones or things that we think might lead to – a lot of cases it is not a bad piece of legislation, but it might have unintended consequences. So, what I would like to do is just stand and make sure that we know what we are talking about.

Now, in this case, I got the legislation in my hands twenty-four hours ago, and I had a ten-minute briefing on the telephone just before lunch. Now, when you are trying to get all your other duties that come up in the run of a day done, we are not giving very much time for people to discuss these very important pieces of legislation. I agree with what the minister said; the fact is that the three separate boards we are dealing with here are very, very important. We are talking about the Mental Health Care and Treatment Act; this involves a process where people are committed and their ability to consent is taken away from them. This is a very important piece of legislation, so we want to make sure that what we are discussing, we have ample opportunity to look it over, ask questions, and be fully briefed.

MR. KING: A point of order.

MR. SPEAKER: Order, please!

The Government House Leader, on a point of order.

MR. KING: I raise the issue for the benefit – the Leader of the Third Party is here; there was agreement unanimously in the House that the timing of the introduction of this debate and the briefings were agreed by everybody here. I say to the member opposite, he ought to raise that issue with his House leader, because we did not have to raise this issue today. There was agreement from all parties that we would raise – those are very unfair comments, in light of an agreement being made.

MR. SPEAKER: Order, please!

There is no point of order, but I would ask the member to make his comments relative to the bill we are discussing.

MR. A. PARSONS: What I am saying is that today – because we did try to line up a briefing session with the department, and they did take the time to talk to us on the phone and to go over this, but what I am saying is that I did not feel that I had enough opportunity to have the briefing today. That is not the issue with the legislation; it is the process.

So, that is where I am going with that, and I think that is very relevant, Mr. Speaker, to what we are talking about. It is three very important pieces of legislation here. We also have the Health Research Ethics Authority Act. The fact is this involves research that is taking place involving human subjects. So if we are not going to take the time to – we have to make sure we know what we are talking about here and have ample opportunity to make sure that we are talking about and understand completely what it is we are being asked to vote on.

Many pieces of legislation here we are fully in support of; I have no issue with the amendments being suggested, Mr. Speaker. The three of them are basically the same, where we are talking about the terms of directors. I had some issues that I discussed with the individual that I had the briefing with.

When we are talking about a board member, the first question I had was: "Where the term of a director expires, he or she continues to be a director until reappointed or replaced." I was thinking that we might need to add the caveat: with the consent of the individual, because obviously, we do not want to have somebody remain on a board if they have fulfilled their term and do not wish to stay there, but are forced to stay there. I was thinking that might need to be a necessary amendment there.

However, after talking to the individual in the Department of Health, the concern is that with a board like this, for instance, when we talk about mental health care and treatment, that board actually has thirty to forty hearings in the run of a year. That is a lot of hearings of a very significant nature; the fact is they need to have a full board so that they can have a number of people there that are available to hear this.

We are talking about professionals; we are talking about physicians, talking about legal practitioners, and we are talking about lay persons in the community and in the Province that are very involved and may be advocates for this particular issue. All of these people have very busy schedules. They are going to need time to bring them together, and if we have a situation where – the one that was actually used was where they had a new appointee, but this person was actually unavailable; I think they might have been on vacation for six weeks or something, so we need to have the old member stay on for six weeks until the new member was there. We do not want to have a period of time where there is a position unfilled and something as serious as this.

Now the fact is, Mr. Speaker, that there are thirty to forty hearings per year; those are the ones that are actually held. There are a lot more that are not heard. The hearings are scheduled, but there could be a change in circumstances up to a day before the hearing. What happens is that the hearing has to be scheduled, you have to prepare the necessary resources, and you have to have the people available, but they do not happen; maybe in some cases, the person going into the hearing, their physician actually clears them and there is no need for the hearing.

We need to have a full board. I agree with what the amendments are, because we are not changing anything, we are just adding on to what is already there. All of them say: "Where the term of a director expires, he or she continues to be a director until reappointed or replaced." It is the same in all three. All three are very significant, important pieces of information, or legislation - sorry, Mr. Speaker – but that again is what I was concerned about, having that opportunity to ask these questions in the briefing session prior to.

Again, I will have an opportunity to ask them in Committee, but in a lot of cases it is nice to be able to ask the members of the department that are helping to structure or come up with the legislation. Sometimes we could avoid the necessity of the question if it is explained prior to.

I cannot imagine there is ever a case where legislation is put in where there is an attempt to do something wrong. The fact is that none of us are perfect and things happen that were unintended, or unexpected. You do not anticipate that these things are going to happen. That is the concern for my questions and what I say here, Mr. Speaker. We do not need to discuss how important it is, not just for these three boards, for every board that is out there. You need a full slate of individuals serving and it ensures smooth operation of the board.

I would assume that in a case where a person fulfills their term – it is different when we are talking about a case where a person resigns maybe in the middle of their term. Obviously, they are not going to continue on, and I cannot imagine they would be forced to continue on. It is the case of where a person fulfils their term but does not want to stay on any longer, has to move on maybe for other professional reasons. Will they have to stay on or be there, or are they allowed to go? Which is why I brought up the possibility of saying: with the consent.

I cannot imagine in a board of this nature that you are going to have individuals who are serving against their will. The fact is, all of them – and I have looked at some of the members on these boards. They are all very renowned individuals in their fields, whether it be the legal field, whether it be the psychiatry field, whether it be – just any kind of practitioner.

I would also like to speak very favourably about the laypeople who serve on these boards because they are advocates. In a lot of cases there is no financial gain to these individuals by serving on a board. They just have a very particular interest in this area and wish to serve and give of their time. I appreciate everything they do, Mr. Speaker.

Three very important pieces; I think this really is a housekeeping bill. I am not going to belabour the point, but I felt it necessary to put on the record my concerns with the fact that I was hoping to have the full briefing. I did not want to feel rushed when I walked into the House and debated this legislation. It is one thing to debate this, which is really a straightforward matter, but if you have a debate where you do not get an opportunity to really look over the legislation we are debating, that is where mistakes are made that we often have to fix later. I think that actually might come up here later on.

In one piece of legislation there was an error made. It is a simple oversight, but it is an oversight. It was made because it was overlooked. If we have time to do this, then we have to do it right.

Again, I appreciate the opportunity to speak. I may have some questions of the minister when we get to the committee stage. I am going to sit down now, Mr. Speaker.

Thank you for the opportunity.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Member for Terra Nova.

SOME HON. MEMBERS: Hear, hear!

MR. S. COLLINS: Thank you, Mr. Speaker.

I would be remiss to say I am glad to be back in the House. It seems to be a theme here. We are all ready to go. We are early into the sitting.

I am glad to get up and speak to this today. Also, I appreciate the constructive criticism from across the way. A lot of times we do not get those types of things, but certainly he has some points, some of which I agree with, some of which I do not.

I am here to speak on Bill 40 and my support of it. As was stated earlier, this would amend three statutes: the Mental Health Care and Treatment Act, the Health Research Ethics Authority Act, and the Medical Care Insurance Act, 1999. Mr. Speaker, the amendments to each of these acts will simply add a section similar to those that already exist in the Province's seventeen health professional statutes. We are actually only adding a couple of lines, but as has been said earlier, they are significant and these people play a significant role.

As the minister said, the purpose of this amendment is to ensure that members serving on the three boards created under the act are able to continue to serve if for some reason once their time period has elapsed and a replacement has not been found. That is so very important. These boards obviously carry a function and a purpose. That is why they are in place. We have to make sure there is a transition from one director or one group to the next and not to have a break in service. It is very important.

There are other circumstances as well that can cause for some transitional issues as well. So we have to make sure that is covered off. If we did not do that, we would be saying right off the bat these boards do not serve an important function, which obviously we acknowledge they do.

Originally, when these three acts were passed, they did not include the authority to allow the appointed member of the various boards to stay on. As I have said, you can see where this could possibly lead to some disruption of the services provided.

As the act reads now, there could a disruption in work of these boards if a new member is not able to start immediately after the former board member's term ends. The potential for negative impact certainly is something we cannot really recognize right here at this point, but it is something that could possibly act in a negative way. We do acknowledge, again, the valuable and necessary work that is done by these boards.

Now, there are a couple of reasons, of course, this is very important and why we are here talking about this today. One, and perhaps the most pertinent thing to our discussion today, is the people who fill these roles are not your average Joe off the street. You are looking for professionals with a very specified profession, very specified experience. You have to have someone who is available. Obviously, that is another big part of this because there is a function to be served, and you have to find someone who is willing.

You put all of those pieces together. Again, you just cannot cherry-pick people off the street. It can be a pretty in-depth process to try to find these people. I would assume they are not always easily found. You can see some places where that is evident, where we have been looking for people to fill boards and just have not been able to find that person.

In situations such as that, you need to have some sort of stipulation in place where you allow that transition for finding that person. You just do not want to put in the average Joe, if I can refer back to it that way, because obviously the function that he or she will be performing is so important. You have to make sure you have the right people to do the job. I think this is what this does.

If I may delve in, I know the minister touched on them; I just wanted to touch briefly on the three acts that we are talking about here today. Perhaps, I would not say the most important but something certainly I would start off with, is the Mental Health Care and Treatment Act.

It is recognized as a modern, progressive piece of legislation, something that I am particularly proud of the steps that have been taken by this government in the area of mental health and illness and addictions. We have seen a number of things just in the past number of weeks actually that speak to what I am talking about here right now and the commitment this government has shown. That is something I am personally proud of and it is something that is very important, I think everyone would agree.

The Mental Health Care and Treatment Act refers to the board that provides an opportunity for people dealing with severe mental illness to have their case reviewed by an independent panel. Of course this independent panel, Mr. Speaker, would be composed of a physician, a lawyer, and a person representing the general public who would have demonstrated an interest in mental illness. You would have everyone in the know, you would have the appropriate people doing this work. The job that they do is so very important; you have to be familiar with the work you are going to be delving into.

We have heard it and we recognize that there is definitely a demand and a need for this review board. The thing is they always have to be available because availability is so important. When they are called upon they need to be there. The demand is there and the availability has to be there as well. Given the seriousness of the work done by this review board, it is critical that we support the proposed amendment. It speaks to the proposed amendment and our support of it.

Mr. Speaker, the second piece there, the Health Research Ethics Authority Act, which came into force in the Province on July 1, 2011, as the minister explained the mandate of the authority is a very important one. Something she had touched on is something that is kind of interesting – and I have come across it in a couple of instances in not only in this job, but just through my university studies and whatnot – is the unique gene pool that the Province of Newfoundland and Labrador has as a relatively isolated Island.

I know we would not think of ourselves as really isolated. The natural fact is, of course, we are surrounded by water. We present a very unique dynamic when it comes to gene pools. There are a lot of folks who like to come in and do research based on our gene pools because it offers them an opportunity that they cannot get in other jurisdictions. As I have said I have heard of several instances where this is the case. When we have these people coming in and doing these studies we obviously have to have the right laws and protections in place.

Oversight of all health research involving human subjects conducted in the Province is obviously a daunting task and we need experts to conduct this work and take on the large responsibility that comes with it. Again, it is certainly a daunting task.

The proposed amendment will help ensure that the valuable work of the authority is not interrupted by permitting members of the authority to continue their service. Again, we are talking about the transition period and making sure that we have people to fill that void, to make sure there is not a void in fact.

Mr. Speaker, finally the Medical Care Insurance Act review panel is appointed pursuant to subsection 15.(1) of the Medical Care Insurance Act, 1999. This is perhaps not so well known to the general public as the other two previously mentioned, due in large part I guess by the fact that we have a dispute resolution technique that works. Due to fact it works, we do not necessarily see it going any further.

So, I think that in itself is a great thing. Certainly, we have to have it there in the event that we need it. It keeps going back to the fact that there is a demand for it and you have to have availability. While we have not used it – I am glad we have not – we have to make sure it is there for the purposes that it was put in place for.

Mr. Speaker, I would be remiss if I did not take the opportunity to speak to the individuals who sit on these boards, all the men and women, these are professional people who come from different walks of life and they would probably be making a lot more money in their professional, personal practices than they would essentially volunteering their time with government. I think it is very important that we recognize the service provided by these folks because they do it, like I said, pro bono in most cases. The work they do is so helpful and it is so critical to the work that government does each and every day.

It speaks again to the level of individuals we are trying to attract, and I think the boards that we have in place obviously have very reputable individuals, men and women there sitting on those boards. I think, again, I would be remiss not thank them for their service.

The proposed amendments, I guess just to finalize, will enhance government's commitment to the protection of the public and uphold rights of citizens and health practitioners to prompt, efficient handling of their issues, and that is what this all comes down to.

With that being said, Mr. Speaker, I will not belabour the point because while we have said it is kind of housekeeping, I think it is very important as my member said across the way –

AN HON. MEMBER: He is not your member.

MR. S. COLLINS: No, he is not my member.

As my colleague said across the way, they are very important and they perform a duty. While it is housekeeping, on the other hand it is something that is necessary that we take a look at. Again, I appreciate the constructive criticism and I think this is why this works so well, the back and forth, and it is certainly good to hear what other members have to say about this.

I would ask all my hon. colleagues for their support of this bill. With that, I will take my seat.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS ROGERS: Thank you, Mr. Speaker.

I am happy to stand in the House to speak to this bill. As my colleagues have said previously, although Bill 40 may seem simply like a housekeeping bill amending the Health Research Ethics Authority Act, the Medical Care Insurance Act, 1999, and the Mental Health Care and Treatment Act, to ensure a smooth transition for board member replacement, it also, as was mentioned here today, really highlights once again how crucial these acts are and the important role that the board members administering these acts play.

We are very grateful for the service that the board members play and provide to the people of Newfoundland and Labrador. In fact, perhaps Bill 40 is not in and of itself an outstanding act, but what is outstanding are the people who sit on the boards of these authorities.

Two of the boards I would like to particularly highlight are the work of the Health Research Ethics Authority and the Mental Health Care and Treatment Review Board. The act for the Health Research Ethics Authority was welcomed by the House of Assembly when it was introduced in 2006. It would ensure that research on human subjects in the Province was done according to national standards, but also it was as a response to a growing local concern that many people in Newfoundland and Labrador, and also ethical researchers, have raised.

For some time, genetic and family history data was being collected for research with the goal of commercialization – and we know how sensitive that whole area is – and in some ways, new frontiers, as we see more and more development of medical research, biogenetics, et cetera.

Sometimes, this data and information was used without the consent of the owners of the data, without the consent of the people of Newfoundland and Labrador. We know how valuable the people of Newfoundland and Labrador are in our gene pool in terms of what we can add to medical research and genetic research in general.

Newfoundlanders and Labradorians may have been taken for granted and been taken advantage of by researchers for profits, so this act was very, very important and we are very happy that it was introduced.

There was a pressing need to protect people from unethical research, ensuring their privacy rights and ensuring their ownership rights all within the same legislation and governed by the one authority.

I know the Member for Signal Hill – Quidi Vidi proposed a very important amendment to the act that was accepted. It charged the authority with the responsibility to make sure the public is aware of their rights under the act. I know the department has furthered that work and that more and more Newfoundlanders and Labradorians are more literate about their legal rights in this area. That is very commendable and very, very necessary.

The Member for Signal Hill – Quidi Vidi stated at the time that developing public awareness would be an essential task of the new authority if it was to achieve the goal of protecting people's personal information, ownership rights, and privacy rights. I suspect that as a Province, we will experience even more and more medical research, biogenetic research, and mining of our data and of our DNA. That is a good thing, because the people of Newfoundland and Labrador can be great participants in the whole area of medical research and development that can benefit not only our own people but can benefit people worldwide.

There is a lot to be thankful for here in terms of the people who do serve on this board. The work is not easy and it is very complex. There are great ethical concerns. They take that work they do very seriously. The amendment to this act, to ensure there is no interruption in the work they do, is a good thing.

The Mental Health Care and Treatment Act came into effect in 2008 in this House. It was a long-overdue revision of our existing laws around seriously mentally ill people who need to be hospitalized. What a tough area that is. What a very, very difficult area that is. The flip side of that in regard to our people who are under the care of our mental health professionals, when they are released from hospital, the act provided for a plan of treatment in the community guided by an assertive case management team. This was for the protection of the people.

Oftentimes, it is not unusual for somebody who is committed to care to lose their home, or they may lose their apartment. They may have been living in a boarding house. They may have been living in a rented apartment. Because they no longer have income or because they are in care, they may no longer be eligible for social assistance while they are in care. It is very possible that in fact they lose their home; they lose their place of residence.

They also may lose their employment, and we all know the incredible stigma and discrimination that people with mental health issues experience in our community. We are thankful and grateful for the work that is being done to counteract and counterbalance that stigma by the education that is being done in the Province, but nonetheless, that discrimination based on myths and false assumptions still exists. So we do know the great losses that people who are committed to care can, in fact, experience.

The Member for Signal Hill – Quidi Vidi proposed an amendment to this act also, that mental health workers and advocates were expressing concerns that people placed back in the community would be guaranteed two supports – and we all know how crucial those supports are. They would be essential to a successful return to the community. The two supports are two key determinants to health. So much health research that has been done and research around homelessness that what is so crucial to mental health and to recovery is having a safe and an affordable place to live, and having enough money to live, so that you can get on with your life, so that you can start getting involved and participating in society again. Without these, you are almost destined for disaster.

So, the Member for Signal Hill – Quidi Vidi's amendment stated that when a person is released back into the community and is provided with the required plan of treatment with medical and other supports, that these other supports would include income and housing required for the person to live in the community. We all know that this is what we all want. We want people to be able to live successfully, with respect, with dignity, in the community.

As a Housing critic and Health critic, I am really concerned about the role that this board plays, looking again at the issue of housing and the issue of Income Support, and how that relates to people who are trying to go back in the community. We all know the severe problem, the housing crisis that we face right now.

So, I can fully support this bill. Again, the work that the people, volunteers, do, guided by the Department of Health is so very, very important on these boards. It is about making our communities safer for all the people of the Province, whether it be in the medical research area, or also in providing appropriate services and supports for people who have experienced mental health issues and are trying to get back into the community. Those roles are so very, very crucial. The expertise of the volunteers and the generosity of the volunteers who help to administer these acts are very crucial.

In the cases of the bills and with other substantive bills such as the safer communities act, we have had to raise important issues about getting legislation at the eleventh hour. I know that there was agreement on this, but it is legislation that addresses issues that are raised by the people of our Province. It is legislation that is very important to the people of our Province. We all know when our constituents come to us with issues, when we realize that we need changes in our legislation.

It is very important that we do receive legislation in a timely manner. That allows us not only to review and get briefings within this building but also to be able to refer back to our constituents, to be able to refer back to the people who will be directly affected by legislation. It is not just communication within this House and within government and Opposition, but it is communication with the people of Newfoundland and Labrador, to be able to consult with them on legislation and how it affects them.

We know that in other provinces, once new legislation is drafted it goes through a final period of public scrutiny – here I go again –through standing legislative committees and with public hearings and experts, or being posted on the Web for a month for feedback. It is not unusual in some jurisdictions to post new proposed legislation on the government Web site where it is available for everyone to review and everybody to comment on, and to get back either to the appropriate minister or to their representative for feedback. Here we may have at times just a matter of a few hours to look at a bill and find out about it, ensure that our stakeholders, our constituents, that the people of the Province are okay with it.

Again, I would like to thank the Department of Health and Community Services. We were able to have a brief for about ten minutes today and that was very helpful. I would like to thank all the civil servants within that department who work so hard to support these boards and the work that they do, and to thank again the people of the Province, the professionals, the experts who give up their time and bring their expertise to this process. It is a good thing to be able to use the expertise of the people in the Province. I can support Bill 40 as it stands at this point.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Cape St. Francis.

SOME HON. MEMBERS: Hear, hear!

MR. K. PARSONS: Thank you, Mr. Speaker.

First of all, I would like to thank the minister for giving me the opportunity today to get up and say a few words on Bill 40. Also, I would like to thank the officials in the Department of Health and Community Services for their briefing. There were a few questions that I had to ask and they were forthright with their answers and I must say it was pretty good. Also, I would like to thank the Parliamentary Secretary because there were a couple of questions I had afterwards and he answered them for me.

Mr. Speaker, I am just going to touch on a couple of little things that I want to touch on. It is very important that we invest the way that we are investing in mental health issues right across the Province.

I had the opportunity last week to go to a news conference where we introduced – it was called Stella's Circle. It is so nice to see the investments that this government is making when it comes to helping people with mental health issues and different issues all across the Province, that we make smart investments. I was down there last weekend just to see how important it was that the investments we were making to people, no matter if it was helping them get a home or helping them get a job. We could see that these investments are paying off.

With that announcement, we had Allan Hawco there. I am sure most of you have seen some of the ads that we have done. Allan and his production team, and I think his father – there were about twenty of them or so involved in it – put a lot of time and effort into it, making sure that the message came across. How important it is that we support people with mental health issues, and making sure that they get into society with housing and jobs and everything else. It was huge.

Today, Mr. Speaker, I am pleased to stand in this House to express my support of Bill 40, the Mental Health Care and Treatment Act, the Health Research Ethics Authority Act, the Medical Care Insurance Act, 1999. The biggest thing that – I know the minister today already spoke about it and my members across the way even spoke about it, and the Parliamentary Secretary. The big thing I wanted to express today is the importance of people who are on these boards, and basically, Mr. Speaker, the importance of volunteers. That is the word we all look at a lot of times and it is important to people who volunteer their time.

In Newfoundland and Labrador we are blessed. We are blessed that so many people want to go out and volunteer their time. When you look at some of these boards – I think it was mentioned here today, they met like thirty or forty times during the year – you look at it and see that is a lot of commitment. It is a commitment from these people who are professional people. They are people that I am sure have a whole lot more on their table rather than on these boards, but they are committed to doing it. They are physicians, they are lay people, and every person that we can get out there, engineers and lawyers, and people off the street. They are donating their time and effort, and when you are talking about thirty meetings, that is a lot of time and effort to donate to anything.

So, we are very lucky here in Newfoundland. I think the last time I looked at volunteers, it says people over the age of fifteen, 52 per cent of Newfoundlanders are now volunteering to non-profit organizations and boards and things like this. So, it is huge.

Since 2007, we had a 6 per cent increase in people wanting to volunteer. The majority of people we are seeing with the volunteers right now, there is a huge increase in people from the age of fifteen to twenty-five. That again is very important, that the younger people are getting involved.

Mr. Speaker, the bill we are doing here today is going to change three acts with the three boards, but the most important thing, it is going to be significant to the people who rely on these boards. It is huge, because what this will do, there will be no disruptions in any of the boards saying that somebody cannot go on because their term is over. It is huge to the people who really need it. Whenever you volunteer, you are volunteering to help the people who are most vulnerable in society. So, it is very important that we continue to do this.

Like I said, I know my colleagues here in the House of Assembly, I know that from all their former times and even now, they do a lot of volunteering. If you look at volunteering – I know myself, I have volunteered a lot of years – but it is not the point of volunteering, it is what you get out of volunteering. Volunteering, you get satisfaction knowing that you helped other people. I am sure the people on these boards – again, like I said, I really want to thank them for the services they do. I know they get satisfaction out of knowing that they make a difference in people's lives every day.

Mr. Speaker, these boards, too, like I said earlier, there are a lot of professional people on it. It is important that we use their expertise and the knowledge that they have. Sometimes you do not need to be in that field, but it can be a personal thing. It can be something that you gained experience from over the years at different things, that you can bring to the table; again, the dedication that they put into these things.

Mr. Speaker, like the minister said earlier, these amendments we are doing here today is not something that is new in the department. It is something that is in a lot of other areas of the department where they continue with their term for three years. It is a housekeeping thing, but it is an important thing that we are doing to make sure that the people who need these services continue with the services that they need.

Mr. Speaker, I am just going to conclude now by saying I think it is a great amendment. I hope that everybody continues to support this here in the House today. It is important that we do make sure that the people in society that need our help, we are there for them.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Mr. Speaker, this bill is truly a bill; even though it makes only what looks a minor revision, it is a useful and helpful revision. As the Member for Cape St. Francis said, people volunteer, and few people want to actually serve on a board. These boards provide a valuable public service far in excess of any remuneration that anybody might even expect to receive.

In the case of dealing with a board such as the Health Research Ethics Authority, Medical Care and Mental Health and Treatment Act, they are vitally important to preserving people's rights, to maintain proper standards and ethics.

It is not always easy to recruit people to serve on these boards. Having recruited someone to serve on such a board, sometimes it takes a while for a person to become accustomed to the actual workings of the board; it takes a little while for them to find their feet, so to speak. As time progresses, even though there is an opportunity for reappointment for a second term, sometimes in various types of public services and public commitments, it is not easy to fill a position all over again. There may be somebody that the organization has in mind that they would like to appoint, but they are not quite ready to accept that position; maybe they have not retired, maybe they have not arrived in the Province, maybe their calendar simply is too full.

By being able to permit the director to continue on as a director until reappointment is timely, or until somebody can be found, permits the board to continue providing service. If it has a lapse in the service, then everybody suffers from that. To permit the ongoing continuity of boards like this, then these would seem to be very useful amendments, and I would have no difficulty supporting these amendments.

Thank you, Mr. Speaker.

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

SOME HON. MEMBERS: Hear, hear!

MR. CRUMMELL: Thank you, Mr. Speaker.

It is a privilege to stand in this House today and offer my support for Bill 40. I would like to thank all of the previous speakers. I think you have done a great job capturing what is happening here. Common themes have emerged amongst the speeches, for sure: the dedicated volunteerism that is happening in our community from our professional people, outstanding service a big piece of that, the good work being done, and the importance of these boards. Everybody on both sides of the House, all three sides here, have definitely stepped up and recognized that these boards are very, very important.

Simply put, Mr. Speaker, this bill would amend these acts by adding a provision allowing appointed members to continue in the office upon the expiry of their terms until they are reappointed or replaced. That is basically the essence of this legislation today. This is about public protection and this is about procedural rights.

Mr. Speaker, this amendment is not unique. It has been alluded to by several speakers already. It exists in other health professional statutes. What we are doing here is all about consistency within the health care system. In saying that, changes proposed to the bill would have significant potential impact upon the protection of the public and the rights of individuals to fair and timely hearings on their issues.

All three boards that are affected by these amendments deal with very, very sensitive issues, issues that can decide a person's freedom, whether or not research can proceed, or whether or not health practitioners receive an effective, timely hearing about a billing issue. These are indeed important and sensitive issues.

If the terms of office of the members of these boards expire, this could mean disruption of the important work they are doing. This could be a disruption in the lives of people who it affects. Allowing these members to continue to serve until reappointments or replacements are finalized will ensure the public will continue to be served.

Mr. Speaker, as the minister has already stated, and I previously stated, several other acts under the mandate of the Department of Health and Community Services already allow for continuation of the three-year term when necessary. Therefore, the proposed amendments of the Mental Health Care and Treatment Act, the Health Research Ethics Authority Act, and the Medical Care Insurance Act, 1999 would bring them in line with other department legislation.

Mr. Speaker, this is very desirable for many reasons. Allowing the extension of the terms of office of individuals willing and experienced in that capacity will help to protect the rights of individuals with severe mental health issues by ensuring the mental health care and treatment panel is properly populated and ready to review the certifications and community treatment orders issued respecting these individuals.

I would suggest there is no one in this House who would object to that statement. It is essential we do everything possible to protect the rights of individuals who unfortunately, through no fault of their own, find themselves in difficult situations regarding their mental health. They are amongst the most vulnerable in our society.

Mr. Speaker, the hon. Minister of Health and Community Services has explained how Research Ethics Authority is charged with the general supervision of all health research involving human subjects conducted in this Province. Given our heritage and the importance this had for genetic research, both in terms of improving the health of Newfoundlanders and Labradorians and also in growing our vibrant research community, it is critical that all research proposals involving humans are carefully and expertly reviewed and assessed to ensure that protection of the public and the integrity of the research is happening.

The current amendment will help to prevent the period in which research is not properly reviewed due to the authority's membership not being up to its full strength. It is imperative that human research in this Province undergoes thorough and timely ethical review. Mr. Speaker, this amendment will enable this to happen.

Mr. Speaker, without the Medical Care Insurance Act review panel, under the Medical Care Insurance Act, a physician, dentist or professional medical corporation will have no ability to request a hearing by a review board. Mr. Speaker, this does not support government's commitment to the right to due process. Having a review panel continually available ensures that a health practitioner who disagrees with how his or her billings have been assessed, has access to the full range of options available under the legislation. The proposed bill will amend the act to ensure that the lapsed terms of office do not interfere with ready accessibility to a review board.

Mr. Speaker, in closing, I seek the concurrence of my colleagues in this House. The work of these boards needs to continue with minimal interruption. They need to be functioning and that is what this legislation is all about.

I ask all hon. members to support this bill. It sounds like the members opposite have already voiced their opinions, as well as my colleagues on this side of the House.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Leader of the Third Party.

MS MICHAEL: Thank you very much, Mr. Speaker.

I am really happy to be able to stand today and speak to this bill, which is An Act to Amend the Health Research Ethics Authority Act, the Medical Care Insurance Act, 1999 and the Mental Health Care and Treatment Act.

People can look at this and say oh, it is a very simple bill, because while we are dealing with three acts, the amendment that is being proposed is the same amendment to all of the acts, as has been pointed out. It has to do with the term of a director. Where the term of a director expires, he or she continues to be a director until reappointed or replaced, and that would be the same in all three acts.

The minister has explained that, and I certainly understand the explanation. It is a very clear thing. As the minister has said, it allows for a smooth transition when it comes to directors on a board. I think, more importantly, it allows appointed members to continue in office until the expiry of their terms, until they are reappointed or replaced. That is what gives the smoothness of transition.

Why this is such an important bill is because with the bodies that we are talking about – and it is true for every board of directors, I think, that you want to make sure that your directors and the board are people who are qualified to speak to what they are speaking to. Now, you can be qualified from a number of perspectives, everybody's qualification may have a different angle to it, but they should be qualified to be on that particular board.

When you are talking about boards that have to do with medical care insurance and health research ethics and mental health care and treatment, you are talking about areas where you require people who have scientific background in the medical system, for example, and you are talking about a number of people who would probably have qualifications that they would not require for another board. So, it really is important how we look at the directors on these boards and how we treat the terms of office of the directors on these boards.

I do have a question for the minister, though, and I hope that she will be able to speak to it when she does her closing comments, and we may get to talk more about it in Committee of the Whole. It has to do with: Would this go on ad infinitum? In other words: Is there a deadline? Is it that a board would have, or the government would have, or the authority, whoever is in charge of appointing the board members, would they have up to six months to do the reappointment or replace the person, a year, year-and-a-half. This could go on; the person could be there for another whole term without having been formally reappointed. Or, they could be reappointed, but a replacement – let us say they were at the end of a second term and they needed to be replaced, and yet the replacement did not happen.

I am just interested in that whole thing of how long this could go on, because one of my concerns would be, it is one thing for somebody's term to come up and they get reappointed and they are saying: that is fine, I will still continue as a board member; but what if they really were ready to go for some reason and they thought their term was going to end, yet they are still on the board, but from some reason they cannot stay as committed as they were? Maybe they will not make as many meetings. Maybe they will not be able to do the work as intently.

So, that is my reason for concern about wondering how long it could go on before the new term was either being put in place by that person actually having a new term, or being replaced. I do look forward to hearing the minister speak to that issue; she did recognize it as an issue when I first mentioned it, so I do look forward to hearing from her.

I am particularly interested in this because of one of the acts that is being amended; I am interested in all of the acts, but the one that I am particularly interested in, and I know that the member for St. John's Centre mentioned it in her comments, was the Health Research Ethics Authority Act. In actual fact, it was the first act I had to deal with as a member of the House of Assembly in 2006.

It was a fascinating piece of legislation, and I was delighted to see it. It was my first piece of legislation that I had to deal with, so I was really glad to hear the member for St. John's Centre make reference to that, because a very interesting process happened with that piece of legislation from my perspective. I found a number of things in the legislation that were not satisfactory; there were some of what I considered to be gaps in the legislation. I was actually able to enter into a real discussion because of the co-operation of the minister, who at the time, actually, was the Member for St. John's South. I was able to enter into a real conversation with people from the Department of Health about the piece of legislation. There were actually changes made by the department and the minister to the legislation before it came into the House.

Then there was something that I really wanted in the piece of legislation, and I was told by the minister and by the ministry that legal authorities said that it really was not something that should go into the legislation. What it was, was a statement of principles that the bill was based on. However, the minister did read into Hansard the concerns that I had and the principles that we agreed the bill was based on. So, even though it was not put into the act, the principles were in actual fact read into Hansard. What was read was that the ministry and the minister agreed that these were the principles of the bill.

One of the things that I would love to see – because I am not convinced, and I was not convinced at the time, that principles cannot be in legislation. As I pointed out when I stood in the House at that time, there actually are bills in existence, bills that I was aware of, where principles are in the bill; bills on sustainable development, for example, was one of the bills that I mentioned, and bills on environmental assessment, in actual fact, do have statements of principle.

I would love the Department of Health and the minister to look at the statement of principles that was read into Hansard when it was read in November of 2006, and I would love to see an amendment to the act that put these principles right in the heart of the act, that this is what the act is based on.

The other point that I would like to make was one of the changes that was made to the legislation, and one of the amendments that was made to the legislation after discussion between myself, members of the department, and the minister. What that was, was there was there was a recognition that the Health Research Ethics Authority would be charged with making sure that they promoted the rights of people when it came to health research.

It was really important to me that, that be seen as one of the responsibilities, that if we are going to have a bill that is protecting the rights of people, a bill that is protecting the rights of people who are being researched, that people ought to know, number one, that the bill existed; number two, what their rights were; and, number three, what the role of the authority is. It is extremely good that this was put in the bill and that language is in the bill, but one of the things that bothers me is I am not sure how much has been done about it.

When I spoke to this bill in 2006, I did point out that it was really important that the authority would have to be monitored with regard to an information campaign that I, at the time, thought was necessary so that people in the Province would know their rights. The act says the authority has a responsibility to inform publicly, to make sure people know what their rights are, to make sure that people are aware.

I have looked at today, done some Goggling and looked at the Health authorities et cetera, and looked at the Health Research Ethics Authority itself, and at this moment I do not see yet a lot of public activity in terms of informing people of their rights. Having put a lot of effort into making sure that was part of the bill, I am a bit disappointed now, as it seems to me, to see that really not enough work has yet been done by the authority with regard to getting general information out there, informing people of their rights.

As I had pointed out six years ago, since this was now in the legislation the authority would have to be monitored. I would assume that monitoring would be through the Department of Health. The authority would have to be monitored with regard to making sure that the information was put out there, that the information was public, and that people really were being informed.

I have to say, as a member of the Province and as somebody who actually is an elected member over these past six years, I have received no information with regard to that, and I am not aware of any big public campaign with regard to it. I am really happy to have this opportunity to urge the minister to do something that I urged government six years ago, and that was to make sure that this part of the legislation was being lived up to by the authority.

From that perspective, I then would say, for example, one of the aspects of expertise that would be needed on the board of directors –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS MICHAEL: Thank you, Mr. Speaker.

One of the aspects of expertise that would be needed on the board of directors for this body in particular, maybe not so much for the others but for this one, would be somebody who does have expertise in the whole area of communications and how to do public campaigns, how to get information out.

People who have expertise in research, for example, may be fantastic when it comes to research capabilities, but really not have a clue with regard to what a big public campaign would look like. I am not at this moment talking specifically about who should be on a board. Just to say that if, for example, an opening came up and one knew you did not have anybody on the board who could help with that piece of the legislation, it becomes an opportunity to do that.

I just had those two points I wanted to make, Mr. Speaker. I was really glad because I was so engaged in the original piece of legislation in 2006, that I was able today to be able to stand and push a couple of the issues that were so important to me then and I think still are important to us.

Thank you very much, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

If the Minister of Health and Community Services speaks now she will close debate.

The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I think this has been a very healthy debate on this bill this afternoon. I want to thank all who spoke to the bill because it certainly adds to what it is that the general public gets to understand when people take the time to do some research, to stand and talk, and present their viewpoints and so on. I certainly appreciate that.

I heard the Member for Burgeo – La Poile make some comments around availability and timing and so on. We did have a sideboard chat and I think I recognized his concerns around that. I also pointed out that I believe it is early days in the House and that may well be some of the reason why we did what we did today.

There was consent among House leaders to introduce these bills yesterday and to speak to them today. In the chat that we had, we came to an agreement that members of my staff were there and were helpful and provided whatever information people were looking for with regard to this particular bill, and the other two bills that we are hoping to take a look at this afternoon if time permits.

Mr. Speaker, I also heard the concern from the Member for Signal Hill – Quidi Vidi around the time frames. Mr. Speaker, we do not have definite time frames, if I can answer the question here as opposed to going into Committee on it. We do not have definite time frames around that; however, we make every effort to fill those positions as quickly as we can possibly can.

Of course, if somebody does not want to continue to serve then they can resign at any point in time, but the point of this legislation here is just to make sure that the continuity of those discussions continue on, that hearings can be held and so on when those hearings need to happen. I appreciate your concern and it may be something for consideration at another time.

Mr. Speaker, having said that, I am going to take my seat now and we will move on.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Is it the pleasure of the House that the said bill be now read the second time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Carried.

CLERK: A bill, An Act To Amend The Health Research Ethics Authority Act, The Medical Care Insurance Act, 1999 And The Mental Health Care And Treatment Act. (Bill 40)

MR. SPEAKER: This bill has now been read a second time.

When shall the bill be referred to a Committee of the Whole House?

MR. KING: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, a bill, "An Act To Amend The Health Research Ethics Authority Act, The Medical Care Insurance Act, 1999 And The Mental Health Care And Treatment Act", read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill 40)

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

MR. KING: Mr. Speaker, I call from the Order Paper, Order 6, second reading of a bill, An Act To Amend The Hearing Aid Practitioners Act. (Bill 41)

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I move, seconded by the Minister of Education that Bill 41, An Act To Amend The Hearing Aid Practitioners Act, be now read a second time.

MR. SPEAKER: It is moved and seconded that Bill 41 be now read a second time.

Motion, second reading of a bill, "An Act To Amend The Hearing Aid Practitioners Act". (Bill 41)

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I have the pleasure of rising in this hon. House again this afternoon to introduce a bill entitled, An Act to Amend the Hearing Aid Practitioners Act.

Mr. Speaker, there are currently approximately twenty licensed hearing aid practitioners in the Province of Newfoundland and Labrador. I was surprised to learn that, actually, when this first came forward to me, but there are twenty licensed hearing aid practitioners in the Province.

The practice of hearing aid practitioners is regulated under the Hearing Aid Practitioners Act. That particular act establishes the Hearing Aid Practitioners Board which is the regulatory board, or the regulatory body of that profession.

I say this just by way of providing information, particularly to people at home who have tuned in to find out what it is that we are doing here in the House this afternoon. Sometimes a little bit of information around what these boards do can be very helpful.

The board consists, Mr. Speaker, of four elected licensed hearing aid practitioners and two people who are not hearing aid practitioners, who are appointed by the minister to represent the public interest.

Hearing aid practitioners test hearing ability for the purposes of selecting, adapting, and recommending or selling hearing aids. All hearing aid practitioners in Newfoundland and Labrador work, Mr. Speaker, in private practice. Under the Hearing Aid Practitioners Act, hearing aid practitioners can perform the following activities: They can test or measure human hearing by audiometer or other means for the purpose of selecting, adaptation, recommending, or selling hearing aids; they sell or offer for sale hearing aids; or they make impressions for ear moulds to be used in connection with hearing aids.

The first objective of this bill is the repeal, Mr. Speaker, of section 31(a), which is the section about audiologists. Audiologists, as I am sure we all know, are health care professionals who provide health care related to hearing. The work performed by hearing aid practitioners is only a small part of the practice of an audiologist.

Audiology is one of the designated health professions under the Health Professions Act, Mr. Speaker. It is expected that the Health Professions Act will be proclaimed into force by audiologists in early 2013 – so very early in the new year.

Out of the approximately twenty licensed hearing aid practitioners in this Province, five are also trained audiologists. So when the Health Professions Act is proclaimed – and as I said, in early 2013 – it will not be necessary to reference audiologists in that Hearing Aid Practitioners Act, because of course they will be then covered under the Health Professions Act. They do not need to be covered under both acts, Mr. Speaker. It is as simple as that. It is really a matter of housekeeping.

Once an individual is registered as an audiologist under the Health Professions Act, he or she will be able to perform to the full scope of practice of an audiologist. All audiologists will be regulated under the Health Professions Act. Right now, only audiologists in private practice are regulated, and even then, only to the extent required under the Hearing Aid Practitioners Act. So, this is a matter of separating out the two, now, Mr. Speaker, in two separate acts. Soon, however, all audiologists who wish to practice in Newfoundland and Labrador will have to be licensed.

Mr. Speaker, the Health Professions Act was proclaimed this past October. There are currently seven health professions designated under the act: acupuncturists, audiologists, dental hygienists, medical lab technologists, midwives, respiratory therapists, and speech language pathologists.

The recently proclaimed act applies to the professions of acupuncture, medical laboratory technology, and respiratory therapy. The Department of Health and Community Services is working toward the development of the other regulations for the other designated health professions, which will include audiologists. The purpose of the Health Professions Act is to improve public protection through the regulation of several designated health professions under an umbrella model of governance.

The Newfoundland and Labrador Council of Health Professionals will act as the regulatory body for each of the designated health professions. The council will be responsible for administering the act, registration and renewal, quality assurance, continuing competency, and education and discipline.

The Health Professions Act establishes a separate professional college for each designated health profession. The colleges are responsible for providing professional expertise to the council and will assist and guide the council by providing approved criteria for registration, entry to practice, continuing competency, and education.

Health professionals will submit registration applications to the council and upon their successful registration will become members of their respective professional colleges.

Public protection will be enhanced by ensuring that only those individuals who meet registration requirements are permitted to practice in the designated health profession. Once registered, in order to continue to be able to practice, health professionals must continue to meet the requirements set out in regulations, including continuing education, quality assurance, and registration renewal requirements.

The department will continue to work with the council and these professions on the development of regulations under that act, Mr. Speaker. Therefore, section 31(a) of the Hearing Aid Practitioners Act should be repealed. With the proclamation of the Health Professions Act, it really is no longer necessary, Mr. Speaker. The repeal will come into force when the Health Professions Act is proclaimed for audiologists.

The second objective of this bill, Mr. Speaker, is the repeal and replacement of section 31(b). Section 31(b) of the act allows assistants who work under the supervision of audiologists or ear, nose and throat specialists, or otolaryngologists, to assist in the measurement of human hearing aids without having to obtain a licence. While these individuals work without their own licence, they cannot work on their own. They only work under the careful supervision of a licensed health professional.

Mr. Speaker, it has been brought to our attention that there is an error in section 31(b), as there is no reference to individuals who work under the supervision of hearing aid practitioners. Audiometric technicians regularly work under the supervision of licensed hearing aid practitioners and provide assistance in the measurement of human hearing. The proposed amendment will repeal the current section, that being 31(b) and replace it with a new section.

The new section will clarify that audiometric technicians working under the supervision of a hearing aid practitioner who assist in the measure of human hearing do not require a licence under the act. This amendment will not affect the ability of individuals to provide assistance under the supervision of ENT physicians or audiologists. It will not change the day-to-day work of audiometric technicians, Mr. Speaker. It will, however, clarify the legislation.

It is important that government keep the statutes of the Province as up-to-date and as clear as possible. The public protection objectives of the Hearing Aid Practitioners Act will continue to be achieved with these proposed amendments. Mr. Speaker, the Hearing Aid Practitioners Board supports this bill, and it was with their co-operation that we were able to draft this particular bill.

I look forward to seeing this bill passed, Mr. Speaker, and I thank you for the opportunity to explain it here in the House today.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burgeo – La Poile.

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

Again, it is pleasure to stand here in the House and speak to this piece of legislation. The fact is that in our daily lives many of us have had opportunities to deal with different pieces of legislation, both in the House as a legislator, but also in a past life. Depending on your line of work, you probably had to deal with different pieces of legislation.

I can say this is one that I did not have any familiarity with beforehand. When you actually sit down and go through the legislation, it is interesting what you learn about the different pieces of legislation that govern this Province. This is one that I have not had to look at in the past.

I will say that the minister is quite correct in that this is very much a cleanup here. One section, the part about subsection 1(1), will come into force when the Health Professions Act is proclaimed. I think this might have just been a small oversight, which is quite common when we are talking about a legislation that is so wide-ranging and there is a lot to it. We are going to see these things. It is the obligation and the duty of the Province to make sure the legislation is updated when we do indeed find errors or omissions which always come up.

The other section, the audiometric technician, I understand that this will be covered in the Health Professions Act, now – the audiologists will be covered under that. In doing this research, Mr. Speaker, I did look into just a lot of stuff, the differences between audiometric technicians, audiologists and the different practitioners in this. It is certainly a bit convoluted. I also took the opportunity to go through some of the information that is presented by the Province on one of their Web sites.

As I have said many times in this House, Mr. Speaker, when there is something good to talk about, I will commend government for that. When I think there is something we could do more, I think I will bring that to the attention of the government. What I can say is that the Province does do a lot for people with hearing impairments. There is a lot of equipment.

If you just look at the Web site, Mr. Speaker, right now under the age of eighteen people have 100 per cent coverage when it comes to hearing aids and not just that, but the treatment that comes with it. That is a great thing. I think we have not so much with the young people but when we look at seniors, we actually have 30 per cent of our people over the age of sixty-five who have hearing impairments. That is a significant impairment on your quality of life. Anything we can do to improve that quality of life, it is incumbent upon us to make sure we do that. It is not just individuals under eighteen, it is also full-time students, and it is also any additional adult that is deemed unable to pay after you go through a government finance assessment.

Two concerns that I do have and I will bring it to the minister's attention and I am sure she is aware of them. Like I said, it is my job to bring them there and hopefully we can all work together to make sure these concerns are met. One is the fact that right now there is a bit of a line up. I am not sure of the number; I think the minister referenced it. There is a bit of a wait-list for audiologist services in this Province. That is something that hopefully we can work on to make sure that we can overcome the wait-list. A wait-list for any health impairment, whether it be hearing impairments or anything, we need to do what we can to reduce those times.

The other thing I would add is that even though we do cover a lot, I notice that a monthly cost of maintenance associated with devices is not covered. There are a lot of things here, whether it be visual smoke detectors or the telephone doorbell combination. While those are provided upfront, it is the maintenance after that people might have to pay. I am hoping we can move forward to ensure people do not have to cover that cost down the road as well. We do a lot, I recognize that, but I hope we can move forward in that regard.

I do like the idea that previously the audiologists that were funded by the Province or whether they were a public body they did not require licensing, and the fact is now that is going to change. Anything we can do to ensure that we have proper licensing and not only that, I guess, oversight and accountability is a great thing. We need to have that for any of our professions, especially in the medical field. So, that has been taken care of. I am glad to see that is being covered off here, Mr. Speaker.

I do not mean to belabour the point, Mr. Speaker. I do not think this is significant in the terms of what is being proposed, it is obviously significant – I guess all amendments are significant, but the fact is that in one case it is an oversight and the other case it is being covered somewhere else and that is what we like to hear.

I look forward to the Health Professions Act being proclaimed. I understand it is early 2013. I look forward to that and I look forward to speaking to the next piece of legislation.

Thank you, Mr. Speaker.

MR. SPEAKER: The Member for Terra Nova.

SOME HON. MEMBERS: Hear, hear!

MR. S. COLLINS: Thank you, Mr. Speaker.

It is nice to get up once again, as the minister had said, to speak to another piece of legislation from the department. I am glad to be here today actually to discuss this one. Again, it seems to be a word we use all too often, the housekeeping part, but for the public out there watching this makes up the crux of everything we do here. There are so many small, minute details that have to be worked out and certainly put in place, and this is exactly what this is evidence of. While some of this stuff is not cutting edge in excitement, it is something necessary that has to be done for just a continuation of governing.

As the minister said, the practice of hearing aid practitioners is regulated under the Hearing Aid Practitioners Act. There are currently approximately twenty licensed hearing aid practitioners in the Province and while most of us in this House have not had the pleasure of dealing with one of these individuals – I know some of my colleagues have, and if I were allowed to use props in the House I would probably call upon some of them to show me their devices. They play a hugely important role and one can understand how hearing is obviously so important. It is obviously a very crucial and vital field.

The details of the amendments that the hon. minister had spoke to earlier was repealing section 31(a), which is about audiologists. Just for clarification, Mr. Speaker, audiologists are health care professionals who provide health care related to hearing, obviously. The work performed by hearing aid practitioners is only a small part of the practice of audiology; however, audiology is one of the designated health professions under the Health Professions Act, which we have heard a little bit about here today. It is expected that the Health Professions Act will be proclaimed in the force for audiologists in early 2013; however, we are here clarifying this piece today to help.

Mr. Speaker, there are currently seven health professions designated under the act, and I will just go through that short list for a moment there: acupuncturists, audiologists, dental hygienists, medical laboratory technologists, midwives, respiratory therapists, and speech language pathologists.

The recently proclaimed act – which was proclaimed, as was referenced earlier, this past October – applies to the professions of acupuncture, medical laboratory technology, and respiratory therapy.

The Department of Health and Community Services is working towards the development of other regulations for other designated health professions, which includes audiologists, who we are discussing here today.

When the Health Professions Act is proclaimed into force for audiologists, it will not be necessary to reference audiologists in the Hearing Aid Practitioners Act no further. As a result of the Health Professions Act, this means that section 31(a) of the Hearing Aid Practitioners Act should be repealed. I think we have given explanation as why that is the case here today. The repeal will come into force when the Health Professions Act is proclaimed for audiologists.

These amendments also speak to the repeal and replacement of section 31(b). This section, 31(b) of the act, as referenced before, allows the assistants who work under the supervision of audiologists or ENT physicians to assist in the measurement of human hearing without having to obtain a license.

As the minister pointed out, while these individuals work without their licenses, they cannot work on their own. They have to work under supervision. Again, I would stress that, because that is certainly a point here that is important: they will work only under the careful supervision of a licensed health professional.

Mr. Speaker, in section 31(b), we have been informed that there is an error, as was spoken about there earlier. Of course, this is why we go through all of these motions, to flush out if there are any errors; on occasion, we will find them, but certainly that is something that has been addressed.

However, the proposed amendment will repeal the current section and replace it with a new section. It will clarify the audiometric technicians working under the supervision of hearing aid practitioners. They will not require a license under the act, as I have said.

Also important to note, Mr. Speaker, this amendment will not affect the ability of individuals to provide assistance under the supervision of ENT physicians – very important.

I am happy to say, of course, that public protection objectives of the Hearing Aid Practitioners Act will continue to be achieved through these proposed amendments. I am also glad to hear that industry, as the minister had pointed out briefly before when she was speaking, supports this; certainly when we are speaking here today, I am hopeful that my colleagues will support it as well. It is obviously necessary. Again, while it seems to be somewhat tedious having to through this, it is an important piece of the legislation.

With that, I will take my seat. Thank you for the opportunity.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Littlejohn): The hon. the Member for St. John's Centre.

MS ROGERS: Thank you, Mr. Speaker.

I am happy to speak to this bill. We know that increasingly in our health care professions, more and more technology, rapidly changing technology, is involved in almost every aspect of health care in our Province. To have regulation that not only governs but also brings common health care practitioners together to strengthen their profession and also to ensure that standards of practice are followed. Standards of practice can be followed only if in fact there is a support for ongoing medical education, for ongoing professional education and development, to ensure that the people of Newfoundland and Labrador in fact get the best practices, get the best in technology, and get the best in health care practice.

This regulation is a good thing to ensure that those working in this particular field do come together to ensure that they are calling the best forth in their profession. The new and revised laws governing professions create a modernized legal framework for self-governance. That includes a board of directors, registrar, a college to oversee and manage licensing, disciplinary procedures and appeals, and professional development and standards of practice, which I think are key, particularly the area of professional development and standards of practice.

We want people who are practicing health care for the people of Newfoundland and Labrador to have the best in technology, to have the best in standards of practice, and to have the most up-to-date knowledge in how to practice their profession. The goal is to create uniform governance procedures for all self-regulating professions and to ensure that they operate with transparency. Is that not a goal that we all seek, even in this House of Assembly: that all professionals operate with transparency, without bias and with stronger protection, for patients, for clients, for the citizens of the Province?

We know that accountability is achieved through mandatory annual reporting to the minister, ministerial appointment of lay representatives to boards and discipline committees, and timely processes for allegations and appeals. New disciplinary procedures enable colleges to use alternate dispute resolution or formal disciplinary proceedings, whichever is appropriate.

Most of these professions have undergone substantial changes in the past ten years or so. It is important to have an accepted professional set of standards in place for each profession and clear recourse for the patient or the consumer. As we see that, we have a rapidly-growing aging population and we know that in Newfoundland and Labrador our population on a percentage basis will be the largest aging population in the country. The whole issue of assistive hearing devices and the whole issue of being able to hear is a growing issue and of growing importance in our Province.

This is so necessary, then, to make sure we have access to the best technologists who are constantly upgrading their skills and upgrading their knowledge base. We in this House of Assembly will all be affected, as will the majority of the people in our Province, within ten to fifteen years. It is my hope that this, in fact, will foster an atmosphere of ongoing professional development, ongoing knowledge of the greatest technology and the newest technology that will be available to the people of the Province.

We also know that hearing aid technology and hearing assistive devices for increasing hearing are an expensive undertaking. How many times have we run into seniors who have said: Oh, no, I am not putting in my hearing aid because the batteries go too fast and the batteries are too expensive? This is an issue that affects a lot of citizens in our Province. I think it is a good move and I hope it will support an environment of fostering ongoing professional development and fostering a greater skill and knowledge base for people working in this particular health care field.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Conception Bay East – Bell Island.

SOME HON. MEMBERS: Hear, hear!

MR. BRAZIL: Thank you, Mr. Speaker.

It is once again a pleasure to be back in the House and to be able to stand and talk to another important piece of health legislation that is being put forward by the minister.

While many of my colleagues have talked about this being a housekeeping item, all housekeeping items in the Legislature we put forward are very important because it guarantees accountability, it guarantees transparency, but it also guarantees that the best interests of the people we serve are being put forward. In this case, it is another thing we are doing here, particularly when we talk about an amendment to the bill regarding the Hearing Aid Practitioners Act, Bill 41.

A lot of things have been said about the particulars of this act. One of the important things is that when this particular piece of legislation, the amendment was being put in place, representatives from the Department of Health and Community Services had consulted with the particular people involved in this area, the Hearing Aid Practitioners Board and the Newfoundland and Labrador college of speech-language pathologists and audiologists, regarding their legislative changes.

It is very important to note that any piece of legislation we put through, we engage particularly those who are the professionals who are going to carry out those services to the people of the Province. It is a testament to making sure the legislation we put through, particularly this piece, reflects the needs within the industry itself.

When we look at what we are doing here, I want to focus on the fact that we are trying to put a new piece of legislation in place that replaces some things that already exist but amends it so that in this particular case all practitioners, particularly some of the professionals, all fall under one umbrella group and are better serviced. Also, there is a better maintenance process and a better accountability process we will be able to maintain and put forward as part of this government that we do.

The work performed by the hearing aid practitioners is only a small part of the practice of the audiologists. What we are trying to put here is to show that they have a responsibility. As we put this piece of legislation in place, we want to make sure everybody understands the benefits of what this will achieve in this Province itself. They now will fit under a particular umbrella that includes a lot of the health professionals that are very valuable to the average, everyday citizen in this Province who need to avail of certain services to improve their day-to-day life and their health.

I want to note some of the new particular ones we have put in as services we support in this Province. Acupuncturists, audiologists, dental hygienists, medical laboratory technologists, midwives, respiratory therapists, and speech-language pathologists all now would fall under one piece of legislation. We all know now how we can best serve that group of professionals, and again how they can best serve in working to make sure the people of this Province are getting the services they would need.

As we move forward and we start to put new pieces of legislation in place, we want to make sure that all the services available for the people in this Province have the best accountability available and have the best resources that we can put forward. Putting them under one umbrella makes that more workable. We hear of some services here. We call them the ENT – ears, nose, and throat. It makes a little bit better to be able to go in and get proper diagnosis, proper assessment, and then the services that are necessary to improve the quality of life for the citizens of this Province.

We are also going to take it a step further. Because we are now going to enact, later on this spring sitting, the Health Professionals Act, which is a separate act put in place by the professional college to each designed health profession. What this will do here is give us another authority process to make sure the accountability is there and we move forward when we put the services in place.

The colleges are responsible for providing professional expertise to the council and will assist and guide the council by providing approved criteria for registration, entry to practice, continuing competency and education. Very important things as we improve our heath care system. There is no argument about what we have done as an administration in moving our health care system forward. This is another part of how we put those mechanisms in place to move that forward.

One of the important things that will happen here now as we put the registration in place, it will make it easier for these professionals to be able to get licensed and move forward in offering the service they want, particularly in a private sector. These are some of the health services that we want to put out there for the people of this Province. With the proclamation of the Health Professions Act, it is no longer necessary. The repeal will come in the form of the Health Professions Act proclaimed for the audiologists, which will give them a better opportunity to be able to go out and supply the services that are necessary. I want to also add, as we move these professional services forward, we will be able to make sure everything that is necessary for the benefit of the people in this Province will obviously be put forward.

Council will be responsible for the administration of the act, registration renewal, quality assurance, continuing competency in education and discipline. A group of peers now under this act will be able to make sure that the competencies of the people who are being served out there are done. We engage the people in the profession to make sure that they govern themselves. What we do is be able to give them the legislation to protect what they do, but also protect the people in this Province.

Mr. Speaker, as my learned colleagues had said before, it is a nice piece of legislation. While it may be housekeeping, it is very important to put a number of professionals under one umbrella so they can better serve the people of this Province.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: If the hon. Minister of Health and Community Services speaks now she will close the debate.

The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I think first of all, I would like to thank everybody who has spoken this afternoon. Again, we have had five people speak to this particular bill.

The purpose of this amendment, I believe, Mr. Speaker, is really quite simple.

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

MR. SPEAKER: A point of order.

MR. A. PARSONS: I believe there were still members who wished to speak, and that in the ensuing confusion there where the member stood and was not recognized, if we had been aware of them.

The Member for St. Barbe did intend to stand and speak on the legislation. I would put that out there, that the member did wish to stand and make comment on this piece of legislation in second reading.

MR. SPEAKER: I will take it under advisement, and I will come back with a ruling.

The hon. the Minister of Health and Community Services.

MS SULLIVAN: I am fine with it. Darin, I am fine to let him go.

Okay. All right, thank you.

As I said, the purpose of this amendment is really very simple. We are amending the act to remove –

MR. SPEAKER: Excuse me, Minister.

I have been advised that we need to take a break and rule on the point of order. I am sorry.

We are in recess.

MR. SPEAKER: Order, please!

It was a valid point of order.

The Member for St. John's South.

MR. OSBORNE: Thank you, Mr. Speaker.

I will make a couple of comments on this piece of legislation. It is nice to be recognized in the House, I say to the Speaker.

This is primarily a piece of housekeeping legislation, and we all recognize that, but I think it is an important piece of legislation for a couple of points. Audiologists will now be required to be licensed, and I think that helps the Province and the profession through regulation and through the fact that they will be regulated, to become more professional, which is a step forward towards better health care for the Province, and the people of the Province.

The legislation is designed to clean up existing legislation. It is primarily housekeeping, and under the legislation and the fact that a section of this act which refers to audiologists will no longer be required once the Health Professionals Act is brought into force, the section of the act which is being repealed, section 31(a). The reason that it is no longer required under this act is because they will be covered under the Health Professions Act.

Mr. Speaker, I will be supporting this piece of legislation. It is only housekeeping legislation. Again, I think it is a move towards better health care in the Province.

MR. SPEAKER: The hon. the Member for St. Barbe.

MR. BENNETT: Thank you, Mr. Speaker.

This is a useful bill and a good bill, and I think that it gives credence – the government has been right twice today on two bills. They say that even a clock that is stopped is right twice a day. So, this bill in cleaning up – I look at it as more than a housekeeping item, because this appears to expand the diagnostic abilities for people with hearing impairment, and that will be very helpful and very useful.

Two factors tend to contribute to most hearing loss: one is age, and the other is exposure to noise, particularly long-term industrial noise. As we know, even though our population has not really increased for some time, our population is aging. People who benefit from early diagnosis or early detection of hearing loss are people then who are encouraged to acquire hearing aids. Sometimes if people wait too late to get hearing aids, they cannot properly adjust to them. If they are properly diagnosed and properly cared for in the early stages, they can derive quite a bit more benefit from hearing aids.

In essentially expanding the field to make it possible for more individuals to be able to practise in this area, we are offering a broader range of service to all members of our Province, and that is a very useful thing. In addition to our population aging, as we know with our ongoing movement toward industrialization and the numbers of people involved in the fishery are declining, you do not see a lot of people in the fishery lose much hearing due to noise because they do not encounter that sort of industrial noise.

With a mobile workforce and now a more industrialized workforce with various projects underway, it is reasonable to assume that there will be greater hearing loss, even though people are more aware today of wearing protective devices. Often they do not, they just do not get around to it, they find them a nuisance, and they find them inconvenient.

This, to me, is somewhat more than just housekeeping because by permitting qualified individuals to practise in the area. This would have the effect of allowing more people to practise in the field to be able to basically diagnose and identify hearing loss, and to be able to provide assistance earlier on which is a significant benefit.

I think that it is a good bill, a useful amendment, and for a long time people will benefit from it even though they may not realize it. Why am I being tested today? Why are you being tested today instead of waiting for three months or six months or a year? Because there are more qualified people, that this House has recognized as being qualified, who can test you today. It may happen that your hearing is fine. It may happen that you do not need further follow-up for some time, or it may happen that you need to be referred to somebody else who can provide you with better care. For that reason, I think that this is a good bill and I have no difficulty supporting it.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: If the hon. the Minister of Health and Community Services speaks now, she will close the debate.

The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I did not realize how popular my bill was. Everybody wanted to speak to it. That is a good thing. It is always good and good for healthy debate here in the House of Assembly. Mr. Speaker, again –

AN HON. MEMBER: Pardon the pun.

MS SULLIVAN: It is always good to hear; I can hear my colleagues in the back of me saying pardon the pun, Mr. Speaker.

Mr. Speaker, we are amending the act to remove reference to audiologists, because they are soon going to be regulated under their own act, under the Health Professions Act. When audiologists are regulated under that Health Professions Act, then simply there will be no need for them to obtain a license under the Hearing Aid Practitioners Act, Mr. Speaker. It is a matter of housekeeping for the most part on this act, but again, housekeeping is always very important.

There was one question that was asked, I think, or a comment made from the Member for Burgeo – La Poile, where he talked about concern about access to get in to see a hearing aid practitioner or an audiologist. I would just like to point out that since 2005, Mr. Speaker, there has been a 14 per cent increase in audiologist positions here in the Province. There has also been an increase of sixty full-time positions out in our RHAs, Mr. Speaker, that respond to issues around hearing; those are particularly in terms of speech language pathologists and in audiology as well, Mr. Speaker, so progress is being made.

Having said that, Mr. Speaker, I think all of the points that we needed to assess and take a look at have been made. The bill itself is fairly clear. I have not heard any objection to the bill.

I will at this point sit down and we will move on to the next act.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Thank you, minister.

Is it the pleasure of the House that the said bill be now read the second time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

Carried.

CLERK: A bill, An Act To Amend The Hearing Aid Practitioners Act. (Bill 41)

MR. SPEAKER: The bill has now been read the second time.

When shall this bill be referred to the Committee of the Whole?

AN HON. MEMBER: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, a bill, "An Act To Amend The Hearing Aid Practitioners Act", read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill 41)

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

MR. KING: Thank you, Mr. Speaker.

I call from the Order Paper, Order 7, second reading of a bill, An Act To Amend Various Acts Of The Province Respecting Annual Reports. (Bill 42)

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I move, seconded by the Minister of Municipal Affairs, that the bill, Bill 42, An Act To Amend Various Acts Of The Province Respecting Annual Reports, be now read a second time.

MR. SPEAKER: Thank you, Minister.

It is moved and seconded that Bill 42, entitled An Act To Amend Various Acts Of The Province Respecting Annual Reports, be now read a second time.

Motion, second reading of a bill, "An Act To Amend Various Acts Of the Province Respecting Annual Reports". (Bill 42)

MR. SPEAKER: The hon. the Minister of Health and Community Services.

MS SULLIVAN: Thank you, Mr. Speaker.

It is my pleasure to rise again in the House this afternoon and introduce another bill that will amend sixteen health professional statutes, and it is referred to as the Annual Report Amendment Act.

Of course, I should note, Mr. Speaker, for the hon. members of this House, that the Department of Health and Community Services is responsible for some seventeen health professional statutes that regulate twenty-three health professions. The current bill proposes to make amendments to sixteen of those statutes, Mr. Speaker. The one outstanding one would be the Pharmacy Act, and that is not being addressed in this bill; however, the proposed amendments will be included in a separate bill that I will bring forward at a later date pertaining only to the practice of pharmacy.

I can advise the hon. members of this House that these amendments are proposed in the interest of supporting a culture of openness, transparency, and accountability, values that are very important to this government, Mr. Speaker. This bill will further enhance accountability to the public and make the operations of the groups that regulate health professions much more transparent.

The role that health professional regulatory bodies play in public protection cannot be overstated. They ensure that only qualified and competent members of a profession are licensed to provide care in this Province. They provide continuing education and undertake quality assurance programs to assist practitioners in performing at a high level. When a member of the public, or anyone else, has a complaint about a health professional, those bodies are required to investigate, and if necessary, conduct hearings and impose discipline.

Under the current legislation, all regulatory bodies are required to prepare and submit to the Minister of Health and Community Services an annual report on the activities of the board, and then include a copy of the board's audited financial statements. The annual reports that are submitted contain comprehensive reviews, Mr. Speaker, of the activities of a regulatory body throughout the preceding year, including its financial performance.

Mr. Speaker, if a member of the public has an issue with a particular health professional or requires information about governance of a profession, he or she is likely to find the governing bodies Web site through a Google search. In the absence of a Web site people often contact my department for information about the health profession governing body.

The amendments to each act will ensure that the public has ready access to the annual reports of each of the sixteen regulated health professional governing bodies in this Province.

This bill will amend each of the sixteen acts to require that the Department of Health and Community Services publish the annual report submitted to the minister on its Web site. If the regulatory body has a Web site – and I understand, Mr. Speaker, that most of them do maintain Web sites – the regulatory body will be required to post the annual report on its own Web site.

Web site publication will help members of particular health professions and the general public to stay well informed about the activities of the health professional regulatory bodies in Newfoundland and Labrador.

Our government values transparency and accountability from ourselves and from the regulated professions that operate within our Province. Through the amendment and the Annual Report Amendment Act we are making it law that sixteen health professional statutes that regulate twenty-three health professions will be further accountable to provide more accessible information to the public on their yearly activities.

Through this act, we will enhance the confidence in our health bodies by ensuring that the general public will have access to on-line annual reports. While we have always required that the regulated health professions provide annual reports to the Minister of Health and Community Services, this was done in a paper format, Mr. Speaker. Although these documents were available to the public, not everyone who had an interest in reading a specific annual report knew how to obtain a copy or had the ability to physically venture out to get a copy.

With the increasing reach of the Internet, Mr. Speaker, its growing use, and the public expectation that information should be available to them in the most accessible and least cost manner we are now requiring, through this act or through this amendment, that all of our regulated health professions provide a copy of their annual report on-line.

The annual report of each of the regulated bodies must now be published on their Web site, provided they have one, and in addition on the Web site of the Department of Health and Community Services.

This act is helping ensure that the general public has as much information on these regulated health professions as the provincial government does. The power and the reach of the Internet is something that our government has embraced. The Internet has become a conduit of information for a large majority of our population. In fact, I am willing to bet that the vast majority of the young people in our Province expect that we provide information on-line, because to many of them, the days of paper copies are quickly disappearing.

The Internet through either a laptop, or a handheld device, or your smart phone is always available in some form. With this ability to access information so readily, the expectation is that information should be just as readily available on-line.

The world has changed, Mr. Speaker, as to how we access information and I am pleased that our government continues to adapt. Currently, five of the seventeen health profession regulatory bodies in the Province post their annual reports to their Web site. Mr. Speaker, I congratulate them for doing that. I will just list them: the College of Licensed Practical Nurses, the College of Massage Therapists, the College of Physicians and Surgeons, the Pharmacy Board, and the Association of Registered Nurses. I congratulate them both for their initiative and their commitment to transparency.

Mr. Speaker, there is a requirement in five of the health profession governing statutes that the minister table a copy of the annual report and audited financial statements in the House of Assembly. This bill proposes an amendment that would remove the requirement to table the annual reports in the House of Assembly.

Mr. Speaker, this amendment is necessary because we can improve upon public access to these reports by requiring that they be posted to the Web site of the Department of Health and Community Services and the Web site of the regulatory body. While tabling annual reports in the House of Assembly is one way to make information available to the public, posting the reports on public Web sites will result in faster and increased accessibility, transparency, and accountability.

Mr. Speaker, there is a great value to having this information more readily accessible to the general public. Annual reports are a way for an organization to reach out to their stakeholders and clients. It provides levels of detail that people would not normally be exposed to.

While each regulated body's annual report will be different in general, annual reports do provide an opportunity to inform stakeholders about the workings of an organization, their executives and board members, and of course their financials. It can also provide other relevant information, such as: training opportunities, complaints received, achievements, licensure, new laws, or legislation impacting the profession and so on.

The annual reports, of course, will still be readily available to the hon. members of the House and to the citizens of the Province through the Web site. The amendments will not reduce anyone's access to the reports. In fact, the amendments will improve access and availability.

This past October, our government also proclaimed the Health Professions Act for acupuncturists, medical laboratory technologists, and respiratory therapists. The Health Professions Act will govern multiple professions under that one Health Professions Council, which I referred to in the previous bill, Mr. Speaker, and which will in turn establish a quality assurance program to promote high standards of practice, including provisions respecting continuing competence, continuing education, and professional development.

This umbrella legislation will allow smaller professions which may not have the capability on their own to support regulation, to become regulated through the sharing of key resources. The objectives of this umbrella legislation are to develop an alternative model for professions seeking regulation, to develop a model of regulation for professions whose numbers make self-regulation impractical, to grant professions the regulation they have requested under a single umbrella act, and of course, and most importantly, to protect the public.

The recently proclaimed act applies to the professions of acupuncture, medical laboratory technology and respiratory therapy. Proclamation will be sought for the other designated health professions at a later date when the necessary preparations for the regulation of those professions are complete. As I just referenced, the act creates a Health Professions Council that will bring together a variety of health professions under one common umbrella to undertake important objectives.

The Health Professions Act creates not only an umbrella council but also a college for each of the designated professions. The colleges will provide professional, specific expert advice to the Health Professions Council. Under the act, each college will prepare an annual report which will be attached to the council's annual report that is required to be submitted to the minister. Once the proposed amendments are passed, not only will the general public be able to access the annual report of the council on-line, but they will also be able to access the annual reports of the colleges that represent each designated profession.

Mr. Speaker, while the Transparency and Accountability Act does not apply to professional regulatory bodies, the annual reports of entities that fall under the act, like the Mental Health Care and Treatment Review Board, are posted to the respective departmental Web site for accessibility to the public. There will be no additional expenditure or financial impact on government or the regulatory bodies resulting from the proposed amendments.

Mr. Speaker, our government is committed to creating and supporting a culture of openness and transparency, making annual reports readily available to the public supports this commitment. I will ask my hon. colleagues to support this bill. I am seeing some interest from across the floor, Mr. Speaker. I believe the Member for Bay of Islands probably wants to speak to this one this afternoon; he seems pretty excited about it.

In any case, Mr. Speaker, I am encouraging everyone to support this particular bill and I will take my seat and listen to what others have to say.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Burgeo – La Poile.

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

It was all I could do to keep the Member for Bay of Islands from speaking on this important legislation, but hopefully he will get an opportunity at some point.

Thank you, again, for the opportunity to speak to this third piece of legislation that has been brought today under Health and Community Services.

The point of why we are doing this seems to be quite obvious. It seems like there are two phases to what we are doing here, Mr. Speaker. The first is to amend five acts to remove the requirement that the annual report be filed here in the House of Assembly or be tabled.

The second part is there are a number of pieces of legislation that we are going to now ask that they be reported on their Web sites and reported on the Health and Community Service's Web site. Again, in this day and age of on-line access I think that we need to have it out there, and not only in the Health and Community Service's Web site but on the Web site of the group.

Now, one thing – it is not a huge concern, but I would note that not every group that is listed does have a Web site. That is something I am hoping the Department of Health and Community Services will encourage with these groups that do not have a Web site is to – where they are self-regulating bodies, they need to make themselves as open, transparent and as accountable as possible. We have two avenues then to avail of this information, and not just us but concerned citizens. They can go to the Health and Community Services or they can go to the applicable Web site and have a look at this information.

Mr. Speaker, one thing I had some concerns about, but I think my concerns were allayed, where it was not specifically stated whether it is not just the annual report but the audited financial statements. I have been told by officials in the department that yes, the audited financial statements will still be made available in the annual report that will be available on the Web site. That is a major concern that has been addressed. So we are happy to see that. We need to have both pieces of information out there.

Again, one thing that I did notice, Mr. Speaker, going through this is that only the Newfoundland and Labrador College of Health Professionals, which represents seven of these professions, and that is acupuncturists, audiologists, dental hygienists, medical laboratory technologists, midwives, respiratory therapists, speech language pathologists, and the College of Physicians are expected to provide statistics respecting the frequency and circumstance of access to patient records without patient consent each year.

That was a concern that I had, that there is access to people's records. I have been told by members in the department that it is for the purposes of quality assurance that they are going to need to have access. I am assuming that this access will be reported at some point so that we know how many times a patient's record was accessed, or they will know or be made aware. We have to do everything we can to relay those concerns.

Another thing – and again, I will put the question to the minister and maybe at some point in her closing address she could reference it – I notice there is $1,000 penalty referenced in each and every act. Maybe you have some statistics on how many times that has been ever used. Again, if we do not have that available now, it would be nice to know if we have had to level fines against people who are not compliant in the past.

One of the big concerns, and I do not think it is made to be harmful in any way but we have to be careful, especially we had a summer where individual records were accessed, and to know that if it is going to be accessed for quality assurance we should make sure that we do everything to the utmost – not secrecy, but if we are going to access people's records, it has to be done for the right reason and for the quality assurance and the people who are being accessed need to make sure that this is why it is being done. I think we are all acutely aware of that situation; some more than others, after this past summer.

Again, I think this is a housekeeping section. I enjoyed hearing the minister speak about it. I am hoping that the concerns that I have addressed will be taken care of. A lot of it is just encouragement of the activation of Web sites and stuff like that. I look forward to the Committee stage.

Thank you, Mr. Speaker.

MR. SPEAKER: Thank you.

The hon. the Parliamentary Secretary to the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. S. COLLINS: Thank you, Mr. Speaker.

Once again, it is great to stand here. The third time is lucky.

Mr. Speaker, of course, I am speaking today to Bill 42, An Act to Amend Various Acts of the Province Respecting Annual Reports.

This bill, as was said, will amend sixteen health professional statutes that fall under the mandate of the Department of Health and Community Services. It is quite easy to tell how large this department is and how large the mandate is. It covers such a wide variety of topics. I think we have seen just a little glimpse of that today with these three pieces of legislation.

The amendments support a culture of openness, transparency, and accountability. It is something that is a hallmark of this government that we have proven over the years and we will continue to prove. It is something that we take very seriously.

As the hon. Minister of Health and Community Services already noted, the Pharmacy Act is the only health profession statute that will not be addressed by this bill. As was pointed out, it will be something that will be taken care of in the near future.

We have heard today why we need health professionals, as they help to ensure that only qualified, competent members of a profession are licensed to provide care in this Province. Citizens of this Province have to have a certain level of comfort when they make an appointment to see either a specialist or a doctor that they are going to see someone who has been trained and who is certified. I think while we take that for granted, it is something that has to be in place to ensure those values that we keep. We all want to, like I said, have a good feeling whenever we visit a profession knowing that those things were in place.

Mr. Speaker, many people in this Province many not be familiar with the health profession governing bodies, how they operate. By increasing the access to annual reports of these bodies, obviously that opens up quite a few doors and people are able to understand the heavy responsibility that rests with each board, college, or association responsible for the professional regulation in this Province. I assure you it is not a responsibility taken lightly, for sure.

The annual reports that are submitted by the regulatory bodies all look at different aspects from one to another. They all have something very common in each one, of course that is the comprehensive review of the activities that the body had throughout the proceeding year. That is a common thread through all.

Mr. Speaker, the amendments to each act will ensure that the public has ready access to the annual reports of each of the sixteen regulated health professional governing bodies in the Province. Mr. Speaker, I do not have to tell anyone here that we live in an age where the Internet and those types of technologies are first and foremost. You do not have to look any further than the different types of media. Twitter – I am not familiar with Twitter, Mr. Speaker, but I do understand that it is widely used, as well as Facebook and other means. It is a way for people to access it.

As a member from a rural community, it is great to know that is something that we have in place that we can take advantage of, because we all do not have the benefit of residing in the Avalon. I say that lightly because I do not think it would be a benefit to live in St. John's; I enjoy my rural Newfoundland home. Anyway, having that access allows more people to get involved and for more people to have participation and see what is going on.

I would be remiss to even mention this without talking about the huge investments that this government has made into the Internet. That is part and parcel with this because you cannot avail of these services if you do not have that broadband service in place. We are now almost 500 communities across this Province that has access to broadband, which is I think a 312 per cent increase since 2003, which is absolutely fantastic. I cannot say enough about that.

In order to be able to avail of this service, you have to have those services in place. I would like to commend the minister and his department for their hard work that has been taking place there.

Mr. Speaker, the bill will amend each of the sixteen acts to require the Department of Health and Community Services to publish the annual reports submitted to the minister on its Web site. If the regulatory body has a Web site, which I understand most do, the regulatory body will be required to post the annual report on its own Web site.

Whichever way you look at this, of course, it is access to the public. It is not just the access that is tuned in here today - or have access to the paper documents; somebody can do it from the comfort of their homes. They can go on the Internet and they can see these reports, something that was not in place before. It is all about providing that service, and certainly, that is something we are very interested in doing.

The proposal will result in a faster and increased accessibility to the annual reports, increased transparency regarding the activities of regulatory bodies, and enhanced accountability – again, all hallmarks of this government.

This is certainly a piece of legislation that I think everyone will be supporting. Given the time of the day, I will just give an opportunity to others if they wish to get up and speak. I would certainly hope for the support from the rest of my colleagues on this as I think it is – again, I hate to use the word housekeeping; it is, but in actual fact, it is very important. I think it allows people outside of the original circle to access this information, information that should be accessed.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Wiseman): The hon. the Government House Leader.

MR. KING: Mr. Speaker, given the hour of the day I move that the House do now adjourn.

MR. SPEAKER: It has been moved and seconded that the House do now adjourn.

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: Contra-minded.

Motion carried.

This being Tuesday and tomorrow being Wednesday, Private Members' Day, this House now stands adjourned until 2:00 o'clock tomorrow afternoon.

On motion, the House at its rising adjourned until tomorrow, Wednesday, at 2:00 p.m.