The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

MR. SPEAKER: Order, please!

Today the Chair welcomes the following members' statements: the hon. the Member for the District of Signal Hill-Quidi Vidi; the hon. the Member for the District of Bonavista North; the hon. the Member for the District of Mount Pearl North; and the hon. the Member for the District of Bay of Islands.

The hon. the Member for the District of Signal Hill-Quidi Vidi.

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

Mr. Speaker, I stand in this hon. House today to recognize the invaluable contribution that Susan Knight, one of my constituents, has made to our Province's youth, cultural and choral community in her seventeen years as artistic director for the Shallaway Youth Choir.

This past Sunday I had the pleasure of attending an Evening of Celebration to establish a Legacy Fund recognizing Ms Knight's establishment of the choir and her seventeen years of direction. Susan Knight will retire from the choir this year.

Ms Knight founded Shallaway - formerly the Newfoundland Symphony Youth Choir - in 1992. Shallaway is a cultural agency that expresses itself through choral music. It has more than 200 choristers, age seven to eighteen, who come from the City of St. John's and its surrounding areas.

Susan Knight's vision is expressed in Shallaway's mandate to: develop independent choral musicianship and cultural awareness in its membership; connect the Province with a wider artistic world through choral excellence; promote, preserve and transmit the rich folk culture of Newfoundland and Labrador; celebrate cultural diversity and connection in this nation and around the globe; and develop its young choristers as leaders who are the future.

Mr. Speaker, Susan Knight has done an excellent job in achieving Shallaway's mandate. Their incredible success in competitions and performances has brought pride to all Newfoundlanders and Labradorians, and, indeed, all Canadians. Susan Knight and Shallaway have certainly proven to be incredible ambassadors for the Province.

Mr. Speaker, I ask all hon. members in this House of Assembly to join me in wishing Susan Knight the best of luck in her retirement and to show our appreciation for all her seventeen years of work with Shallaway, a youth choir that is well on its way to becoming a cultural cornerstone in Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Bonavista North.

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: Mr. Speaker, I rise today to acknowledge a very special anniversary for the Lions Club of Indian Bay which includes the communities of Centreville, Wareham, Trinity and Indian Bay.

On April 23, I had the distinct pleasure of attending the organization's thirty-fifth annual Charter Night. Robert Norris is the current president of the club. The celebration of this special event once again provided proof that the ideals of serving ones community and supporting ones neighbours are still incredibly important components of life in rural Newfoundland and Labrador.

The work done by these clubs and service organizations in the rural regions of our Province often go unnoticed. The men and women involved in these organizations contribute time, energy and money so that they, in some way, may help make the lives of others better. During the past thirty-five years the club in Indian Bay has raised more than $2 million through their charitable work. The majority of these funds are used directly in the area to assist youth groups, seniors, individuals with special needs and to help strengthen the infrastructure of the community. Additional funds recently were used for worthwhile causes such as the construction of Daffodil Place and the Haiti Relief Fund.

The contribution this group makes to their community in financial terms is, without question, significant. The contribution they make to the spirit and heart of the community is immeasurable. Their efforts cast a light on the qualities and ideals that help make Newfoundland and Labrador such a remarkable place, and they remind us that, by working together, the simplest gestures can result in monumental, positive and lasting change.

Mr. Speaker, at this time I would ask all members of this hon. House to join me to thank and show appreciation for the continued service provided by the Lions of the Indian Bay area and to congratulate the club on thirty-five years of dedicated service.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I rise in this hon. House today to recognize the students and faculty at Mount Pearl Intermediate for their recent participation in the Shave for the Brave campaign. I am pleased to congratulate them on raising more than $28,000 for Young Adult Cancer Canada, in collaboration with a school in Calgary. This friendly challenge took place on March 5 of this year via Internet video conferencing.

Mr. Speaker, I am always amazed and impressed by the selflessness of our youth in our communities. This is just another example of the generous nature that seems to be contagious when youth take on a project and combine their efforts to achieve something as fantastic as this.

As you may already know, Young Adult Cancer Canada assists young people in coping with cancer and helps see them through a very hard time in their lives. With fundraisers such as Shave for the Brave, Young Adult Cancer Canada is given the opportunity and much needed funding to offer continued support to youth across Canada who are directly affected by cancer.

Mr. Speaker, I ask all members of this House to join me once again in congratulating Mount Pearl Intermediate, its students and faculty, for achieving this magnificent goal in aid of Young Adult Cancer Canada.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. LODER: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this hon. House today to recognize a gentleman, Mr. Bram Russell of Corner Brook.

Mr. Speaker, in 1990, Mr. Russell's wife, Ada, was diagnosed with multiple sclerosis, and as Ada's health deteriorated, Mr. Russell gave up his career as a carpenter and took the responsibility of a full-time caregiver. Twelve years has passed and Mr. Russell continues to care for the love of his life.

The story of how Bram spent months using bee sting therapy to try to help his wife shows the level of dedication and commitment he has for her. Mr. Speaker, one year, Mr. Russell placed a beehive in the backyard, and over a period of six months, he would catch bees, hold them in tweezers, and administer up to sixty stings some days. Bram reported that the therapy worked well, but the disease then progressed beyond its effectiveness.

Recently, the Multiple Sclerosis Society of Canada presented Mr. Russell with the Opal Award, recognizing caregivers to people with the disease who have demonstrated outstanding commitment and caring.

Mr. Speaker, I would ask all members in this hon. House today to recognize Mr. Russell for the love and attention provided to his loving wife and an inspiration to all of us.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

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

SOME HON. MEMBERS: Hear, hear!

MS POTTLE: Mr. Speaker, I rise to inform hon. members of the Aboriginal Affairs Working Group meeting that took place in Toronto last week. Ministers responsible for Aboriginal Affairs and leaders of national Aboriginal organizations gathered to see how governments and Aboriginal leaders can work more effectively to improve the circumstances of First Nation, Inuit and Metis peoples. I am pleased to acknowledge the participation of President Jim Lyall and Senior Negotiator Isabella Pain from the Nunatsiavut Government, and NunatuKavut President Chris Montague.

Three distinct goals emerged from this meeting: closing the education gap; closing the income gap; and ending violence against Aboriginal women and girls. I was indeed pleased to share our Province's successes in addressing Aboriginal health and wellness through initiatives such as the Poverty Reduction Strategy.

Mr. Speaker, I spoke about the establishment of mental health case management services for individuals with serious mental illnesses, and the hiring of an Aboriginal consultant for the Department of Health and Community Services, and other items such as new funding for shelters in Hopedale, Rigolet and Nain, expansion of family justice services in Labrador to serve Aboriginal coastal communities, and an increased and regular police presence in the community of Postville.

I noted that in Budget 2010 we are providing the Newfoundland Aboriginal Women's Network with $100,000 in funding to address issues in their communities such as poverty and violence in ways that are culturally sensitive, and $125,000 to Aboriginal women to develop and deliver a series of capacity-building workshops in the five Inuit communities on the North Coast of Labrador.

Mr. Speaker, I also informed my colleagues about recent events in the community of Natuashish. During the community meeting to discuss whether or not to lift the alcohol ban, I told how I witnessed a demonstration by dozens of Innu women. They entered the room bearing placards that told stories of violence, suffering, and loss of life due to alcohol. These brave women collectively demonstrated their firm belief that the alcohol ban should stay in place. This demonstration was deeply moving and inspiring to me. Later that week the community voted to keep the ban in place.

What happened in Natuashish certainly shows that, with the combined efforts of governments, communities, and everyday people, through effective partnership and through inclusion, we are seeing positive social and economic change in Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I thank the minister for a copy of her statement.

Mr. Speaker, governments and Aboriginal leaders should work together and can work together to improve the circumstances in Aboriginal communities all across our country. I am glad that they have had a meeting to look at some strategies, especially in key areas as the minister indicates; especially around education, income, and violence against women and girls.

Mr. Speaker, I want to acknowledge the leadership of many of the Aboriginal groups in this Province because I know that their jobs are not easy and they deal with challenges every day of trying to grow economies, deal with poverty and social issues within their communities, while still battling things like education, health care and so on. So, Mr. Speaker, I understand and certainly commend them for the job that they do.

Mr. Speaker, while we in this Province know all too well the gaps that do exist – you only have to look at the report that was done on the Jens Haven Memorial School a few years ago, a report, Mr. Speaker, that indicated that 72 per cent of the children at that time were impacted by some form of trauma in their lives, such as the suicide of a family member or a friend. Also, Mr. Speaker, it indicated to us that the majority of students in Grades 4 through 7 were performing at a basic or below basic performance level. These are alarming statistics.

Mr. Speaker, you only have to look at a study that was prepared actually by the Canadian Centre for Policy Alternatives which indicated that the incomes of Aboriginal people in this country is far lower than anyone else. Mr. Speaker, they indicate in the study that they are so low that it is significant and it is troubling and that it will continue for decades unless governments themselves step in to help Aboriginal communities. So, Mr. Speaker -

MR. SPEAKER: Order, please!

I remind the hon. member that her time for speaking has lapsed.

MS JONES: A moment to clue up, Mr. Speaker?

MR. SPEAKER: The hon. member, by leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: The hon. member, by leave.

MS JONES: Thank you, Mr. Speaker.

These particular statistics are quite alarming and I think there is a need for government to be more aggressive and more co-operative with Aboriginal groups to address these particular issues. Especially issues, Mr. Speaker, with regard to the detention centre in Happy Valley-Goose Bay which was a project that was initiated because of violence against a woman who was held in custody in that cell and a project that this government has now cancelled.

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

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

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

I am very glad to know that she did take part in the meeting in Toronto of the Aboriginal Affairs Working Group. I think it is extremely important that she would be at a gathering of that nature. I am glad to hear a description of the topics that were covered at that time. Although I could not attend the Aboriginal Women's Conference here in our Province this year, I was very sorry I could not; I note that the theme Evolving Opportunities for Aboriginal Women focused on opportunities in the natural resources sector. I think the minister and I would both agree that we have a long ways to go before we see women being treated as equitably in that sector as men are. So I encourage her to keep working on that issue. I am pleased that the government has also announced continuing funding for the annual conference and I hope that will mean that a broader group of Aboriginal women will be able to be represented at that conference every year.

Mr. Speaker, I cannot sit though without recognizing the fact - even though the Leader of the Official Opposition has done so, I too have to do so - that after the revelation in the Estimates meeting on April 27, that there has been a shelving of the pre-trial centre in Happy Valley-Goose Bay. I really have to question government's commitment. I find this decision very disturbing. We all know the reason why that recommendation was made by the Citizens' Representative, the experience that an Aboriginal woman went through in the prison there in Happy Valley-Goose Bay. I beg this government to, and I beg the minister who represents the Aboriginal people in that Cabinet, to change that decision and to get action taken on the pre-trail centre in Labrador.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

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

MS JONES: Thank you, Mr. Speaker.

Back in 2008 we advocated for better mental health programs and services in the Province. At that time, Mr. Speaker, in questioning in the House of Assembly I received a lecture from the minister of the day as he told the people of the Province that we had a range of mental health services and this Province was second to none. Today, we look at the report from the Child Advocate and we see a very different picture. It is typical of this government to say one thing, Mr. Speaker, while the facts show something very different.

I ask the minister today: Will he commit to finally make child and adolescent mental health a budget priority for his government and to ensure a consistent and therapeutic approach to patient care as was recommended by the advocate?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I can only indicate that as a government we are certainly committed to the youth of our Province, as indicated by the theme in this year's Budget. As a minister, Mr. Speaker, I have stated on numerous occasions that mental health and addictions is a priority area for me to deal with as Minister of Health.

As for the comments made by the Leader of the Opposition, Mr. Speaker, she seems to forget that in last year's Budget, we announced that there would be a youth addictions centre in Grand Falls-Windsor and that there would be a centre for youth with complex mental health issues in St. John's. In this year's Budget, we announced $4.4 million toward the continued planning and construction of these two centres for youth. In this year's Budget, we announced $2 million for the construction of an adult residential addictions treatment centre.

So, Mr. Speaker, we certainly take this issue of mental health very seriously. Not only will we implement and study the recommendations by the Child and Youth Advocate, we are a long way towards that already, and Eastern Health has started that process.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

We remember the announcement on the pre-detention centre, too, for Goose Bay, I say to the minister. So two years of announcements and no delivery on services or infrastructure is hardly fixing a problem at this stage.

The report clearly outlines, Mr. Speaker, the necessity to address program gaps and acknowledge that more psychologists were needed to expand and improve these services. It has come to our attention that the only psychologist that was providing therapy to children in the Province, both on psychiatry at the Janeway and through the Janeway outpatient services, has been suspended from their duties with no plan to ensure that mental health services will continue for those children that need it.

I ask the minister today if he can confirm for me that this is true, and tell us why the mental health needs of the children in the Province are once again being ignored and this position has not been filled.

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

Mr. Speaker, I had the pleasure in March of announcing project funding of approximately $432,000 for various groups involved in mental health and addictions. For example, one of the projects was for the Eating Disorder Foundation to get into rural Newfoundland and Labrador and to educate people in those areas of our Province. Secondly, Mr. Speaker, there was an $80,000 project to the Canadian Mental Health Association to put forward an anti-stigma project in schools to educate our children and our youth as to the issues of mental health.

Mr. Speaker, I am very proud to announce that in June of this year, Senator Michael Kirby, the author of Out of the Shadows at Last, will be attending this Province. We will have a full day seminar, and Senator Kirby will be speaking the night before to the people of our Province.

Mr. Speaker, mental health is not simply about seeing a psychiatrist or taking a pill. There has to be an approach, we have to look at issues such as poverty, homelessness, lack of education, peer support. So these are the issues, Mr. Speaker, we are exploring, and our children do come first.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I ask the minister again, the only psychologist who was providing therapy to children in our Province, both at psychiatry in the Janeway and in outpatients, have they been removed from their job, I ask you, Minister.

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, in this year's Budget as we have indicated, our theme was our children, our youth. In this Budget, in terms of the enhancement of the Janeway psychiatry services we announced, over a two-year period, an infusion of $1.1 million. In 2009-2010 there was $620,000 toward enhancing child psychiatry services and another $482,900 approved in this Budget.

Mr. Speaker, I can also state that I met with officials in my department today and we will have a mental health consultant who will be assigned specifically to dealing with youth and children issues, just as we will have a consultant who will deal with seniors' issues.

What we are doing, as a government, we are looking at the issues that we have out there; we are very cognizant of expanding our programs into rural Newfoundland and Labrador. We will continue, Mr. Speaker, to provide counselling, to provide monies for psychologists and psychiatrists and to address the problems that are out there.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister stands up, he tells us that their focus is children and their Budget is all about children.

The only psychologist in the Province providing those services to children has been removed from their job, Minister. Can you confirm that and can you tell us who is providing that service today?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, if you read the report prepared by the Child and Youth Advocate in terms of what happened in the Janeway, you will see that the Advocate points out that there is a contextual analysis that has to be engaged in. You have to look at the full picture of the provision of services to our children and youth.

Mr. Speaker, what we are going to do, we will continue to improve the provision of these services, but when we are dealing with our children and youth we also have to educate them. We have to get out into the schools with our drug awareness programs, with our programs such as the anti-stigma program provided by the Canadian Mental Health Association. We have the support groups such as CHANNAL who offer peer support. We have to offer peer support.

We have to help people, Mr. Speaker, help themselves. That is what, as a government, we are trying to do. We are investing enormous sums of money in mental health services, but we operate on the basic premise that people will help themselves and they will help each other. That is what makes Newfoundland and Labrador a unique and wonderful place.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I ask the minister: Yes or no, has this individual been removed from their job?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, Mr. Speaker, I can remember when I met with the Eating Disorder Foundation and I heard the wonderful work that was being done by Vince Withers and his foundation and their plans to get out into the Province.

Mr. Speaker, a psychologist we provided this year was for the Eating Disorder Foundation to help them. What we have are groups of people like the Eating Disorder Foundation, we have groups of people like the Consumers' Health Awareness group, we have people like the Canadian Mental Health Association, and we have Stella Burry. These people are all working with us to provide the services that are needed.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, what I say to the Leader of the Opposition: You ask those groups what they think of how our government is approaching things, and the story you will hear will be nothing but positive reinforcement that we are doing the right thing and we are looking after the people of our Province.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

While the minister stands up here today and makes speeches, the system is crumbling right under him and he does not even know what is going on in his own department. When you have gaps like this in the system, Mr. Speaker, you can all of the groups you want but these kids need speciality services as well.

Mr. Speaker, the report states that there were more mental health programming ten years ago in this Province than there is today. It also states that in the last three years much of the money that went into mental health went into adult services. While urban areas suffer from a lack of programming and services, rural areas suffer even more and are at a greater disadvantage.

I ask the minister: Will his government, today, commit to developing a strategy to addressing the gaps in community wraparound services so that all of our children can receive the proper mental services regardless of where they live in Newfoundland and Labrador?

MR. SPEAKER: Order, please!

The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, Mr. Speaker, over the period of time I have been Minister of Health I have had the opportunity to meet with a lot of the groups who provide mental health services on the ground, to meet with councillors, to meet with groups who provide peer support to each other.

What these groups tell me, Mr. Speaker, is that what our government is doing is the right thing. We are helping people help themselves. We are helping the groups out there in the community to address the issues of homelessness, of lack of education, of lack of self-esteem, of loneliness, of isolation and fear. That is how we are approaching the mental health issues.

Mr. Speaker, we are aware of the issues in rural Newfoundland and Labrador. If I remember correctly – and I am sure the Leader of the Opposition will correct me if I am wrong - last year we announced that there would be a youth residential addiction treatment centre in Grand Falls-Windsor and the Leader of the Opposition stood up and questioned: What we were doing putting something in rural Newfoundland and Labrador? Now, that is my recollection of that.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I would not eat the cake on any of those announcements yet. I would wait and see what is going to happen, Mr. Speaker.

In December of 2008, the Psychiatry Unit at the Janeway closed due to a human resource issue, meanwhile these issues had been brought to the administration of Eastern Health five months prior.

I ask the minister: Why didn't Eastern Health or the Department of Health intervene to correct the staffing conflicts as opposed to shutting down the Janeway unit and transporting these children in handcuffs to the Waterford Hospital where some of them still are today without services?

MR. SPEAKER: Order, please!

The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: There seems to be about six questions in one, but again, Mr. Speaker, if I could start with the report itself. The Child and Youth Advocate, Mr. Speaker, has reviewed the situation. He has looked at it, he has made recommendations. We will look at the recommendations, Mr. Speaker. We will implement and make changes, but I really do not think it is fair for the Leader of the Opposition to criticize these professionals who were working in a very stressful and tough environment at the time, Mr. Speaker. If you read the report, you get the flavour for what was going on at that time and what leads to the unfortunate incident that took place in December.

Mr. Speaker, what we are doing are providing the services to Eastern Health to provide the services to the public. Mr. Speaker, the Leader of the Opposition talks about, what are we doing? Well, what are we doing; $2.7 billion we are investing in health this year, Mr. Speaker, more than a billion dollars since ten years ago.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: What I would like to say to the Leader of the Opposition is: What did you do when you were there?

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I want to ask the minister - because I just cannot believe the fact that he is sidestepping this issue. This is a situation, Mr. Speaker, in which children were taken out of the Janeway mental health facility and placed in the Waterford Hospital because of a staffing conflict in that facility that Eastern Health knew about for five months. Now, minister, do you think it is acceptable in this Province to close down units for children, hospitalize them in adult facilities because staff has a conflict?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, when I look at pages 36 and 37 of the report that is not what the Acting Child and Youth Advocate found. There were certainly issues with the staffing but it is very unfair and it is inaccurate to state that these individuals were transported because of staff problems.

Mr. Speaker, what happened was the Mental Health Act required for the transfer of patients into the secure centre. Unfortunately, the police at that time felt the only way it could be done was by transporting in handcuffs. The Child and Youth Advocate has made suggestions as to how that can be avoided in the future and we will certainly look at that.

Mr. Speaker, also the Leader of the Opposition should know that we have taken all necessary steps to provide the services required for the two young people involved in this situation. Mr. Speaker, money, I can assure you, has not been an impediment in providing the services required.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Unfortunately, as we wait for the construction of our new centre for youth with complex needs, sometimes we will have to send people out of the Province and other times, Mr. Speaker, we will have to take them to the Waterford Hospital, unfortunately.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister also knows that these children were certified in order to be taken out in handcuffs. So there were other options, I say to you minister. In addition to that, I ask you to look at the rest of the report and if your interpretation of it is different than mine, maybe it is time that we got Judge Rorke out and started to explain his findings.

I ask the minister today: Is he prepared to do that?

MR. SPEAKER: Order, please!

The hon. the Minister of Justice and the Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. COLLINS: Mr. Speaker, the Child and Youth Advocate Act clearly sets out the role and duties of the Child and Youth Advocate. He is an Officer of the House of Assembly. He reports directly to the House of Assembly, to the Speaker. He has no authority or no jurisdiction to report to any individual members of this House, whether it is the Premier, the Opposition, the Minister of Justice, or anybody else. His duties, Mr. Speaker, were to do an investigation in this case and make the recommendations. He has done his job, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The Minister of Justice has just indicated that Justice Rorke is an Officer of the House of Assembly. The Minister of Health indicated it yesterday. Mr. Speaker, I will submit a letter to the Management Commission of the House requesting that Judge Rorke come before a public session of the Management Commission to explain the findings of his report.

I ask the Minister of Health today: As a member of that committee, will you support that?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

Before I recognize the hon. minister, I say to the hon. Leader of the Opposition, it is certainly unparliamentary to ask a member who is occupying a seat here as a minister, to ask him direct questions as it relates to the committee that he sits on in the House of Assembly committee. Those questions should be brought forward to the House of Assembly Commission, discussed and debated at that time.

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I will have to look up that section of the act, because I was not aware of it.

SOME HON. MEMBERS: Oh, oh!

MS JONES: Mr. Speaker, last week we questioned the government on recent court decisions with regard to Abitibi and their ability to pay the environmental liabilities.

In the Environmental Protection Act case, in section 191, the judge states that, "Interestingly, in this case, the third party consultants (CRA) who issued the reports that formed the basis of the EPA Orders were retained not by the Minister in the exercise of her statutory duties, but by the Toronto litigation Counsel…in the NAFTA proceedings."

I ask the minister today: Can you explain to the House of Assembly why you did not initiate these orders yourself as part of the due diligence process and why it came under criticism by the judge in this case?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, we take the issues of the environment seriously. That is why we, as a government, asked that this piece of work be done. Now, Mr. Speaker, the member opposite asked for the reports, I have provided a copy of the reports for her, for her review. I do not know if she wants them or if she does not want them, but they are certainly there for you to read. You can see why we commissioned those, because we have a concern. We wanted to know the issues that are out there in the environment.

That is also why we took it a step further, Mr. Speaker. When we saw that there were health and safety issues in the area of Buchans that is why this government stepped up to the plate and put $9 million into Buchans, to take care of the health and safety issues there.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Although the minister committed in this House of Assembly to do a thorough inventory of all the environmental issues, Mr. Speaker, we understand that there has been no costing done around those particular issues.

I ask the minister today: Why would you complete an inventory on environmental liabilities but not cost that inventory, instead be waiting for Abitibi to provide those figures to you?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Mr. Speaker, by virtue of her very question, it goes to show she does not understand environmental site assessments, Mr. Speaker. I provided her with the opportunity, or her staff, to come over and look at the work that is being done. Those were Phase I and Phase II environmental site assessments, Mr. Speaker. That is why we issued the orders to Abitibi to do the next phase which involves risk assessment. When you do risk assessment that is when you know what the cost will be. We asked Abitibi to do that. In the absence of that, the consultants did tell us that there was a health and safety concern in Buchans. That is why we went ahead and did the work in Buchans to the tune of $9 million, Mr. Speaker. I would suggest to the member that the people of Buchans are very happy with this government, that we did that today.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister says she provided us with a copy. She invited us to come and view documents in her office which we have started to do this morning, I would say to the minister. She knows we are going to continue to do that until Friday.

My question to the minister is this, Mr. Speaker: Why are they not costing the inventory? They say they do not trust Abitibi, yet they are putting all of their trust in Abitibi in providing them with the cost of remediation on this project. Minister, why are you not providing those numbers yourself?

MR. SPEAKER: Order, please!

The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Mr. Speaker, I have explained this several times over and over, and somebody said to me on the weekend, they wonder who the Leader of the Opposition works for: Is it the Quebec government or is it Abitibi? They could not figure it out.

SOME HON. MEMBERS: Oh, oh!

MS JOHNSON: Her question certainly speaks to why that person asked me that.

I have explained time and time again, that is why we issued the orders, to get the next phase of the environmental site assessment done, which is a Phase III. It looks at risk assessment. It is up to Abitibi to submit a remediation plan to us. We sign off on that remediation plan and only then will the cost be known because the cost is the responsibility of Abitibi. That is why we are taking it through the court process, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It is typical of the government opposite, questioning your patriotism in this Province, Mr. Speaker. How dare you speak against us? How dare you challenge us? Well, Mr. Speaker, if the Minister of Environment was doing her job no one in this Province would have to ask her a question.

I ask her again, Mr. Speaker: Why did she not provide the information for the courts? Why did she not do her statutory duty as a minister and why did they have to get that information from a legal firm in Toronto?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Mr. Speaker, the Leader of the Opposition just does not get it. The reason why we hired somebody to get this work is because we are concerned about the environment. Abitibi had started a piece of work, we asked for this to get a full scope of the environmental issues. There were issues in Botwood, Stephenville, Grand Falls-Windsor, Buchans and some logging camps, Mr. Speaker, and as a result of that piece of work that was being done, we discovered that there was an immediate potential health and safety concern in Buchans. What did we do, Mr. Speaker? We acted immediately. We went out there - twice we went out, the Minister of Health and myself, and spoke to the residents of Buchans. There were exposed tailings; we dealt with that head on. In fact, tenders will go out very soon and work is going to start there in the spring of this year, Mr. Speaker. That is what we did, we take it very seriously.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, residents of St. Anthony have invited our Premier to meetings on the Northern Peninsula and they have travelled to St. John's, and travelled to Corner Brook yesterday in an attempt to meet with him face to face, and sent dozens of letters and e-mails and phone calls, yet he has refused every opportunity to discuss the issue of the air ambulance with them.

I ask the Premier today: Why has he refused to talk to the people of St. Anthony, and what does it take to get a meeting on such an important issue?

MR. SPEAKER: Order, please!

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, the representatives in St. Anthony, including yourself, after you were basically shamed into going to visit the Minister of Health because you had not bothered to find out before, decided to go in and see the minister and talk about the air ambulance. The Town of St. Anthony was invited in, and they came in and they talked to the minister about the air ambulance. The minister is handling that particular matter, that particular file. The decision has been made. The decision is final. The decision stands. That air ambulance has to move, thanks to the Leader of the Opposition who raised this in the first place and brought it up and wanted to have this air ambulance moved to Labrador.

As a result of that exercise we undertook a study, and that study has not only proven that St. John's is the primary site, that Happy Valley-Goose Bay is the secondary site, but in fact now Deer Lake is the third site. So even if, in fact, somewhere down the road there was in fact even a third plane, it would have to go to Deer Lake. So she has basically, completely, ostracized the people on the Northern Peninsula and the people in St. Anthony, but when it comes to meeting, I am not afraid to meet with anybody. I am prepared to meet with anybody, but there is no point in me sitting down with a group of residents from St. Anthony and telling them exactly what the minister has told them and exactly what they have said publicly, and exactly what I said publicly today, that the decision stands.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Mr. Speaker, there has been so much information put forth that discredits the process in the report of Drodge since the decision was handed down by the minister that if this Premier and this government was willing to, and really wanted to do what was in the best interests of the people of the Province, he would have met, he would have reconsidered, and by this time we would have a decision changed.

Mr. Speaker, we know there is a CF(L)Co plane stationed in Churchill Falls that has been used as a medevac over the past couple of years. We have officials of Nalcor who have provided the dates the plane was used in 2008 and 2009 for medical emergencies.

I ask the minister: If the consultant's report was so thorough, why didn't the consultant know of the existence of the plane and why could it not have been used in Labrador?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

If I remember correctly, the CF(L)Co plane was used on three occasions in 2008 and 2009, twice to transport residents of Churchill Falls in medical emergencies, and a third time in relation to another resident.

One interesting thing that has come out of this exercise, Mr. Speaker, is we have looked at the staffing at the St. Anthony hospital and it is interesting to note that medical emergency services are meant for emergencies for the airplane to transport people. We have a hospital staff in St. Anthony, as pointed out by the member opposite on numerous occasions, it is very well staffed.

I will say that there are four anaesthetists in St. Anthony for 14,665 people and only five in Corner Brook for 56,000 people. There are more general surgeons, Mr. Speaker, in St. Anthony for 14,665 people than there are in either Grand Falls-Windsor or Gander. The statistics, Mr. Speaker, we have two obstetrics and gynaecology physicians in St. Anthony, none in Labrador…

MR. SPEAKER: Order, please!

The time for answering the question has expired.

The hon. the Member for the District of Signal Hill-Quidi Vidi.

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

Mr. Speaker, across the country municipalities and governments are making moves to ban bottled water, based on studies that suggest the use of bottled water has negative social and environmental impacts. The City of St. John's has banned bottled water and so has Memorial University on its campuses across the Province. They are taking a leadership role in sustainable practices. The Minister of Environment and Conservation said this week in Estimates meetings that she is unable to look at a similar policy across government departments in our Province.

Mr. Speaker, I ask the minister: Why can't the department take a leadership role in relationship to other departments?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Mr. Speaker, I would like for her to table the information where I said that. What I said was, in fact it is not something that I have considered to this point. The question was asked me and it is seriously not something that we have considered at this point.

In the Department of Environment and Conservation, Mr. Speaker, we do not buy bottled water. We use our own plates, our own mugs. We use reusable cloths rather than paper towels, Mr. Speaker. I never said I would not go out to the other departments. I said it was not something that I was considering at this point.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

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

I will be very happy when we have the copy of Hansard -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS MICHAEL: - to get the copy of Hansard for the minister, Mr. Speaker, so she can see what she said in the meeting.

Mr. Speaker, we were informed yesterday in the meeting that the Department of Environment and Conservation has banned the use of small water bottles and is encouraging the use of the larger water coolers and also encouraging staff to use mugs, but only in one department, Mr. Speaker, and only small water bottles. That is not enough. There are many reasons to reduce the use of bottled water. Bottled water generates tonnes of plastic that goes into the landfill. There are also questions of sustainability of some water sources.

Mr. Speaker, government should be supporting the well run municipal water systems in the Province and inform the public that you can get –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair is having difficulty hearing the hon. member, but I ask the hon. member to pose their question now.

MS MICHAEL: Yes, Mr. Speaker.

Knowing that turning on the tap gives people cheap, excellent water in this Province, I ask the minister: Why is banning bottled water not on government's agenda?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, I have to say I am absolutely shocked. We are dealing with an oil spill in Louisiana. We have all kinds of fishery issues that have been before the House. There are health issues, there are other issues in environment and I am getting asked questions about banning bottled water in government -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JOHNSON: Mr. Speaker, not to say we do not take –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Minister of Environment and Conservation.

MS JOHNSON: It is not to say that we do not take the issue seriously, Mr. Speaker, but I would certainly suggest that there are a lot of other issues, particularly in the environment that we can address.

Mr. Speaker, I just had a scan around government the other day. There are offices where meetings are held –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JOHNSON: - in government that there are no sinks. So, what is she proposing that we do not have anything to drink?

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The time allotted for questions and answers has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

MR. SPEAKER: The hon. the Minister of Justice and the Attorney General.

MR. F. COLLINS: Mr. Speaker, I give notice that I will ask leave to introduce a bill entitled, An Act To Amend The Fatal Accidents Act. (Bill 15)

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Government Services.

MR. O'BRIEN: Mr. Speaker, I give notice that I will ask leave to introduce a bill entitled, An Act To Amend The Insurance Companies Act. (Bill 16)

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Health and Community Services.

MR. KENNEDY: Mr. Speaker, I give notice that I will ask leave to introduce a bill entitled, An Act Respecting The Regulation Of Certain Health Professions. (Bill 17)

MR. SPEAKER: Further notices of motion?

Answers to Questions for which Notice has been Given.

Petitions.

MR. SPEAKER: The hon. Member for the District of Port de Grave.

SOME HON. MEMBERS: Hear, hear!

MR. BUTLER: Thank you very much, Mr. Speaker.

I stand today and I say to my hon. colleague from Lake Melville: He has no worries; this is original. It contains names from just about every district in this Province.

Mr. Speaker, I want to read the prayer of the petition again:

WHEREAS we the people of Newfoundland and Labrador have always built cabins or tilts away from our homes for hunting, fishing, berry picking or just spending time up in the country, or places around our shores, sometimes just to get away from the stress of everyday living; and

WHEREAS your government has come down hard on the thousands of cabin and trailer owners that are out on our land with eviction notices and forcing them to move without providing them with an alternative; and

WHEREAS Kruger has timber rights to approximately one-third of all forested land on the Island and is refusing the vast majority of applications for cabin development;

WHEREUPON your petitioners call upon all Members of the House of Assembly to urge government to have compassion on the citizens of this fair Province and allow them the right to enjoy what is rightfully ours. We were born on this land and should have the right to enjoy it. As in duty bound your petitioners will ever pray.

Mr. Speaker, I have here today some 300 names of constituents from the Towns of Glenwood, Appleton, Bunyan's Cove, Port Blandford, Charlottetown, Canning's Cove, Lethbridge and Bloomfield. Mr. Speaker, all those people are asking is that government will reconsider their decision that they have taken this past year.

Government, originally, has not typically targeted gravel pit campers for contravening the Province's Lands Act due to the cultural uniqueness and historical meaning of the practice for the people of this Island. All they are asking, Mr. Speaker, they are asking not only me by presenting this petition, they are asking each and every member in this hon. House, through you, Mr. Speaker, that government will reconsider their decision, sit down with them and consult with them. What they are saying is this has been a right that they have enjoyed for forty or fifty years, and I relayed many stories last week that are coming in each and every day.

What these people are asking government is to have another look at this decision. Do not just come and put a notice on our cabins or our trailers and say: Look, if you do not move them within sixty days they are going to be destroyed or burned or towed away. What they are asking: Sit down with us prior to that. We know what happened in some areas of the Province. We know that there are issues that have been resolved to the satisfaction of all.

So, Mr. Speaker, I ask the House of Assembly, through you, that government will reconsider this and listen to the plight of all those people throughout the Province when it comes to what they believe is their rightful decision to be able to enjoy the great outdoors.

Thank you, Mr. Speaker.

MR. SPEAKER: Further petitions?

Orders of the Day.

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

MS BURKE: Thank you, Mr. Speaker.

We call from the Order Paper, Motion 1.

MR. SPEAKER: Motion 1 is the Budget Speech, and I recognize the hon. the Member for Topsail.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Mr. Speaker, it is with great honour and a distinct privilege for me to rise today as the newest member of this hon. House, representing the beautiful District of Topsail.

Mr. Speaker, the desire to offer myself for provincial public office has been burning for quite some time. On January 29 of this year, when the seat was vacated, that smouldering desire began to burn very brightly. Soon after that, very soon after that, I made some important decisions, decisions that have changed my life, the lives of my family and the lives of my friends forever.

Those decisions that my wife and I made came as no surprise to my family, my mother, my brothers and sisters, my wife's family, as well as our closest friends, and those who have supported me throughout my life. The reason for that is the decision to embark on this journey, Mr. Speaker, actually began long before January.

Like all hon. members, we each bring a lifetime of learning and a lifetime of experience, different and distinct backgrounds. Members here come from numerous towns, regions, bays and locations throughout this great Province of Newfoundland and Labrador, and they bring a variety of skills. Some have been educators; have been business entrepreneurs and operators, social workers. We have members who have experience in the fishing industry. We have members with experience in mining and natural resources, experience in the not-for-profit sector, experience in law. We have numerous members, and quite likely, all members, that have a vast background in community service. All of us have experience working as a team.

Mr. Speaker, all of this experience is what makes each of us unique and has led each of us to run for public office. It has provided us with the skills to assist us in our efforts to be elected representatives and to be effective as elected representatives.

Mr. Speaker, being successful in an election campaign relies on the efforts of a team, a group of dedicated volunteers. I would be remiss today if I did not take a few moments to acknowledge those who played a role in my successful election.

First and foremost, Mr. Speaker, is the support of my wife, Cheryl, our son, Andrew, and our families. Throughout my twenty-five-year policing career, there were countless times that my career caused my family responsibilities to be temporarily put aside. Working shift work, as many know, is very demanding. Being called to work during the middle of the night, working long hours and late days, and sometimes gone for several days at a time, is not uncommon in a policing career.

While a policing career places demands on the officer's family, policing requires a support network at the workplace as well, and I would like to acknowledge, if I may, my former colleagues at the RNC. I have enjoyed working with them and have been the beneficiary of that experience. These fine men and women have established a long tradition of outstanding service to the people of Newfoundland and Labrador. The RNC has become a first-class organization of which I am very proud to have been a member.

Deserving of recognition as well, Mr. Speaker, is retired Chief Joe Browne, for the strong leadership he has provided. He is an exemplary individual who commanded much respect from his team, and he will truly be missed. I offer my congratulations and best wishes as well to the new Chief, Chief Robert Johnston, as he assumes the position of Chief of Police; another fine individual who will provide superior leadership to this great organization as they continue to build, learn, and serve the public.

Mr. Speaker, a policing career is demanding on the family unit. Not only has my family supported me through my career with the RNC but they have also stood by me through three elections and over eight years as a councillor in the Town of Conception Bay South, and also through a lifetime of community service. I would never have been able to participate in these ventures without their support, and today I thank them for being there for me and throughout my life, and by my side.

To the voters of Topsail district, I sincerely thank you for placing your trust in me, in electing me as your voice in this hon. House. I assure them, it is a responsibility that I take very seriously and I am committed to representing them and advancing on behalf of them, advocating on their behalf, to the best of my abilities.

As well, Mr. Speaker, I wish to thank my campaign manager, specifically Mr. Grant Barnes, a gentleman who has a vast background and experience with campaigning; a gentleman who, in his own right, has contributed greatly to the democratic process in Newfoundland and Labrador and has given to his community throughout his life. Mr. Barnes, along with our team, the many volunteers who came forward to give so willingly of their time, ensured that we were victorious on March 16.

Mr. Speaker, upon reflection - and I am sure my colleagues, all colleagues in the House, understand this - it is very humbling, to say the least, to receive such tremendous support from such fine people from Mount Pearl, from Paradise, from Conception Bay South, and people from outside the District of Topsail, people I have known for a long time, and people I have met for the very first time. Today I thank each and every one of them for their support campaigning and their support on Election Day.

Mr. Speaker, there are other significant factors that played important roles and helped in no small way to ensure the results desired. One of those factors was the tremendous support and the unexpected support, I can tell you, from the numerous ministers, government members, MHAs, who joined me and visited me throughout the campaign. On the days that it rained, and there were several, and on the days that it poured, and there were several of those as well –

AN HON. MEMBER: Hear, hear!

MR. DAVIS: I see the Minister of Justice agreeing with me – and at times when it snowed, day after day my colleagues still came out in strong numbers and supported our efforts. This support remains strong today in helping me learn the ropes, find my way, and today I thank each and every one of them.

Mr. Speaker, there was one special story that I would like to share; it is a campaign story. That story goes back to Friday, March 12, which was the Friday prior to Election Day. While my colleagues and I had worked very hard and completed our efforts to visit every home on every street in the district - every street except for one. That street was where a colleague actually resided: my colleague who had expressed a desire to support my campaign but had not been able to get out with us.

Mr. Speaker, I was personally moved when, on the following day, the Saturday prior to the election, that member joined me and together we went door to door, not only completing her street but completing our door-to-door campaign. Today, I wish to extend my personal appreciation to that member, the hon. the Minister of Municipal Affairs.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Mr. Speaker, campaign candidates are afforded the opportunity not only to meet but also to listen to what is on the minds of residents. It is a very important aspect of election campaigns. There was one message that was heard so frequently that it was a level all to itself. That message is what I refer to as the respect factor, the support factor, and the absolute unprecedented backing that the people of Newfoundland and Labrador had for our leader, the Premier.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Mr. Speaker, as a candidate, what more could any person, an aspiring politician, what more could I ever ask for, what more could I ever hope to experience, than an opportunity to work alongside with, and learn from, a leader with such vision, such drive, such determination, such ability, such passion and such dedication?

Mr. Speaker, the Province of Newfoundland and Labrador is truly blessed to have a Premier of the calibre of Premier Williams.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: As well, Mr. Speaker, the strong results of this by-election speak volumes to the great job this government is doing in leading and governing Newfoundland and Labrador, and to the confidence that residents have in the leadership of Premier Williams.

This confidence has also been evident in in-depth research polls, such as those conducted by Corporate Research Associates, and we heard these during the campaign. Their latest poll suggested that 93 per cent of Newfoundlanders and Labradorians are satisfied with the job this government is doing today.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: The polling firm said satisfaction with the government is the highest recorded in Atlantic Canada in more than twenty years. Mr. Speaker, these results are remarkable. Our Premier and this government have made and continue to make a significant impact on the Province and its future.

Since 2003, Newfoundland and Labrador has undergone a drastic transformation. The Williams government took over this Province's Administration with an ambitious but achievable vision: one of self-reliance, one to provide a vibrant future for the Province and the generations to come. However, given the economic conditions of this Province seven years ago, it was obvious to most that there was not going to be a quick and simple fix to turn things around.

This government's eight-year Blueprint for Prosperity - a plan for social and economic development - outlined realistic goals that would lay a solid foundation on which to build a bright and secure future. It laid out a map that would chart a bold course towards opportunity and control of our destiny. This daring new attitude and confidence has reaped us great rewards that were once unimaginable.

It was just over a year ago when Minister Tom Marshall proudly announced that Newfoundland and Labrador achieved have status. This marked an historic milestone in this Province's history, confirming us as a powerful contributor to the federation.

In 1982, as we all remember, former Premier Brian Peckford made the fiery prediction - and we all know what it was – that, "Some day the sun will shine and have-not will be no more."

Well, Mr. Peckford himself admitted that he did not think that this statement would come to fruition so soon. In commenting further on the announcement of the Province's have status, former Premier Peckford also said, "It's one thing to get the Christmas present. It's another thing to look after it." That is exactly what this government is doing today.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Mr. Speaker, sound governance and responsible management has been the cornerstone of how this government runs the affairs of the Province and administers programs and services to meet the needs of its residents.

Even when the recession arrived, unlike most, our government was ready for it. It had laid the groundwork to not only survive, but to succeed. This has been achieved by diversifying the economy through unprecedented levels of infrastructure spending, bringing more projects to fruition, expanding industries, and attracting new investments from outside the Province, while maintaining a commitment to debt reduction. Responsible management, coupled with strategic investments in infrastructure spending, have helped to keep this Province on a successful path, maintaining momentum, like no other has done.

Mr. Speaker, as I prepared for this speech, I was researching some of the significant investments that have been made on behalf of and in the best interest of the people of Newfoundland and Labrador. I was intrigued by the significant improvements that have been made in our health care system. This year, a record investment of $2.7 billion will be invested in our health care system; and funding for health operations is more than 10 per cent greater than just last year. These investments are making a real difference in the lives of Newfoundlanders and Labradorians, Mr. Speaker.

I was personally touched, though, by the investments that have been made for a certain segment of our population. Mr. Speaker, for some time my late father had dealt with some health issues; and in 2003, his kidneys were in a state of failure to a point that required him to begin regular in-hospital dialysis treatments. For those who are not aware, kidney dialysis is a difficult and tiring process for the patient and the patient's family. I spend many days visiting with him while he was connected to this life sustaining technology, either at the Health Sciences Centre or at the Waterford Hospital.

Unfortunately for many Newfoundlanders and Labradorians, they quite often have to travel long distances to receive treatment several times per week, every week, and in some cases patients and family members are forced to relocate closer to treatment facilities. However, in 2004, this government established the Provincial Kidney Program, a program that is expanding dialysis options for patients.

As a result, Mr. Speaker, in 2005, this government established dialysis services for the people of Carbonear, where treatment is now being provided for twenty-eight patients; in Gander, where thirty-two patients are now receiving treatment; in Burin, where twelve patients are now receiving treatment; and in St. Anthony, in the District of The Straits & White Bay North, where ten patients are now receiving life sustaining regular, dialysis treatment.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Mr. Speaker, in 2008, most recently, the dialysis services commenced in Happy Valley-Goose Bay that is now providing treatment for five patients in that region.

There are now twelve dialysis units established across this Province, in locations such as Clarenville, Burin, St. Anthony, Happy Valley-Goose Bay, Grand Falls-Windsor, in Corner Brook and Stephenville, just to name a few. I look forward to new sites being established in the future in other locations in this Province. These units are now providing treatment to nearly 400 patients throughout Newfoundland and Labrador.

Mr. Speaker, U.S. President Barack Obama said, and I quote, "If you're walking down the right path and you're willing to keep walking, eventually you'll make progress." Budget 2010, making The Right Investments - For Our Children and Our Future is geared to do exactly that. It outlines a responsible, but progressive agenda of investments for the benefit of all Newfoundlanders and Labradorians for today, tomorrow and well into the future.

This was quite an impressive Budget, one that could be envied by many other Provinces. Government took its already aggressive infrastructure strategy and continued to build upon it, helping to create jobs and boost consumer confidence, while rebuilding and strengthening communities.

Some of the more noteworthy highlights from the 2010 Budget include: the economic stimulus investments, including an aggressive $1 billion infrastructure program, with the provincial government's infrastructure strategy expected to be valued at more than $5 billion over the next several years. Various taxation initiatives, such as the increase to the Low Income Seniors' Benefit, reductions in personal income tax and small business corporate income tax rates, as well as an increase in the age amount non-refundable tax credit, all combine to help put approximately $49 million back in the pockets of residents; $1.3 billion in education spending to further ensure quality programming and learning environments for students throughout Newfoundland and Labrador; an overall Budget of $167 million for the further development of the new Department of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: An unprecedented investment of more than $158 million in Labrador, through the Northern Strategic Plan, building on the Williams government's commitment and record investments to foster a bright and prosperous future for Labrador.

Finally, $134 million for the fight against poverty through the Poverty Reduction Strategy, continuing progress towards the goal of becoming the Province with the lowest poverty rates in Canada. The results of this considerable investment speak for themselves, Mr. Speaker. In Newfoundland and Labrador today there are, I believe, 30,000 fewer people with incomes below the poverty line than existed in 2005.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: Again, Mr. Speaker, these are but a few of the highlights of Budget 2010. In the Topsail district alone, government has invested in excess of $100 million since 2003. Of this amount, more than $70 million has been invested by the Department of Municipal Affairs into Municipal Capital Works projects, Special Assistance and Municipal Operating Grants. As a result, residents of that district, my district, have benefited from the improvements to water and sewer services, enhancements in water flow and pressure, and will benefit from a new sewage treatment facility being built in the Topsail area.

Since 2003, children and families of the Topsail district are benefiting from investments in our education system exceeding $21 million. Significant improvements and renovations were made to Topsail Elementary School and Mount Pearl Senior High. As well, a new state-of-the-art elementary school on Karwood Drive in Paradise is scheduled to open early this fall at a cost of more than $16 million. In addition, a second brand new elementary school is being constructed on Ellesmere Avenue, which will house a great many students from Topsail district.

With respect to our recreational infrastructure, residents are benefiting from the upgrades to the Topsail soccer field - a facility that will receive artificial turf this year - and the Paradise Wellness Centre, improvements that are being made there, at a combined cost of over $1 million that was awarded from the provincial government.

Since 2003, the Department of Transportation and Works has allocated in excess of $3.3 million to the District of Topsail. This has included road upgrading, paving, and maintenance. As a result, residents are enjoying a much improved driving surface and will see further upgrades and improvements in 2010. These upgrades will be to the benefit of all residents, including new home owners.

We saw housing starts at near record numbers in this Province; and in my district, as you all know, growth is second to none. So far this year, in 2010, all three Topsail district communities are reporting that new housing starts are at a record pace.

Mr. Speaker, this year we will see the famous or infamous symbolic urban rural divide, the overpass, the overpass will come down this year but to make way for a new structure that will allow for improved traffic flow with five lanes of traffic, another investment to benefit the residents of Newfoundland and Labrador.

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: As well, this government is providing funding to complete work that has been committed to the 2008-2011 Multi-Year Capital Works funding program.

Mr. Speaker, the challenge for the Topsail district will no doubt be keeping up with the demands on infrastructure resulting from the strong growth being experienced; demands on education, municipal services, on water and sewer, roads and transportation, and for recreational facilities that are so important to our communities, our families, and our children. As I have outlined, this government continues to invest in the people of Newfoundland and Labrador, making the right investments for our children and for the future.

Mr. Speaker, the people of the District of Topsail have placed their faith in me, and I am committed to working hard, working as part of this government, the best government –

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: - and working with this Premier, the best Premier –

SOME HON. MEMBERS: Hear, hear!

MR. DAVIS: - to make Newfoundland and Labrador better than it ever has been before.

Mr. Speaker, thank you very much.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Member for the District of Baie Verte-Springdale.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: Thank you, Mr. Speaker.

Before I begin, I would like to congratulate the Member for Topsail for an outstanding job in his maiden speech.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: It was well delivered, well prepared, and well written. It is indicative of the kind of team we have on this side of the House, Mr. Speaker. We have finesse players, we have goal scorers, we have checkers, we have grinders, we have spark plugs, and the depth - we have an awful lot of depth, Mr. Speaker. In fact, our seventh line is just as good as our first line.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: Mr. Speaker, we have a captain who can do it all: skate, shoot, score, anything.

Mr. Speaker, it is my pleasure just to have a few moments to talk about the Budget, and it is my pleasure again, an honour, to represent the Baie Verte-Springdale district in this hon. House.

Mr. Speaker, on February 3, 2010, it was a dark night for the Baie Verte Volunteer Fire Department. It will be forever etched in their memory, for sure. As you know, Mr. Speaker, an electrical fire totally obliterated, totally decimated, the fire hall, all of their fire equipment, reducing the fire department to zero. Their 2008 pumper truck, bunker suits, breathing apparatus, hats, gloves, boots, pager system, cold water rescue suits, all of the paraphernalia, the pictures that hung up on the wall, that reminded us of the tremendous contribution that the former fire chiefs and former firefighters have made to their community, was totally destroyed, Mr. Speaker.

It was a major setback indeed. It was a devastating blow to the town and to the entire region. It was not a very nice feeling to see all of the hard work of the town, all of the fire department effort, reduced to ashes – all gone up in smoke, so to speak, Mr. Speaker. They worked so hard over the years to upgrade and modernize their equipment. They took a lot of pride and had made significant strides in incrementally building their fire department.

Today I stand in this hon. House, Mr. Speaker, very proud. Just over two-and-a-half or three months, the Baie Verte Volunteer Fire Department is back up on its feet.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: It has rebounded, Mr. Speaker; I am very proud to say that. In fact, I had the distinct pleasure, on behalf of government, not this Saturday past but the Saturday before, to present the keys to a brand new pumper truck to Mayor Gerald Acreman -

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: - a delighted mayor, Mr. Speaker, and that was on a ninety-ten cost-share basis.

Mr. Speaker, one could ask: Why, in such a short amount of time, did the Baie Verte Fire Department get up on its feet so quickly? I have three reasons, but there could be more. One reason is because Mayor Acreman, his council and fire chief, provide strong leadership to the community. The following morning, I visited the town hall. I witnessed team work, courage, passion and pride. I witnessed everybody taking the bulls by the horn, so to speak, Mr. Speaker. They all could have folded their arms, had a pity party and gotten discouraged, but that is not their makeup, Mr. Speaker. I saw the mayor fielding questions from the media. I saw the deputy mayor talking to his councillors, and the fire chief coming in and talking to the office staff. Everybody was going about, banding together and helping one another. I saw determination, true grit and pride. I applaud that leadership by the fire chief and by the town and Mayor Gerald Acreman, Mr. Speaker.

Furthermore, Mr. Speaker, why the Baie Verte Volunteer Fire Department got up on its feet so quickly was the fast action taken by the Fire and Emergency Services and Municipal Affairs Minister, and the department officials. They took quick action to respond, and they took the necessary steps to expedite the process. Nobody dragged their feet in this government, whatsoever, because this government recognized the importance of getting any town that was decimated by such a great loss to try to be up on its feet as quickly as possible.

I was talking to the mayor, fire chief, councillors and the citizens of that area, and they were very, very pleased with the quick action taken by Fire and Emergency Services Fred Hollett, Mike Sampson, Sonya Drodge and others, and the minister, his department and officials. They were delighted, indeed, and I was too, Mr. Speaker, as their MHA.

The third reason why the Baie Verte Volunteer Fire Department got back on its feet so quickly is because of their strong, resilient spirit. As you know, Newfoundlanders and Labradorians are used to adversity. When the chips are down, they band together; people rally around one another, Mr. Speaker, and this is no exception in this case.

On the night of the fire, I was told that volunteer fire departments came from different regions, different towns, to help Baie Verte out. They came from La Scie, which is over an hour's drive away; they came from Fleur de Lys; they came from Seal Cove; they came from Ming's Bight; they came from Burlington; and they even came from Springdale, which is over an hour's drive away. In fact, Springdale loaned them one of their fire trucks for that night, Mr. Speaker, so there was not an hour when that town was not protected.

Upon reflection, Mr. Speaker, I look upon this incident as an outstanding, concrete, tangible example of how volunteers connect communities. Remember, the theme a couple of weeks ago of National Volunteer Week was just that: Volunteers Connect Communities. What an excellent example of volunteers making the town feel a part of each other, people connecting.

Another prime example, Mr. Speaker, is how volunteers, along with our government, can turn a negative picture or something negative into a positive thing in such a short amount of time. Upon reflection, that is totally amazing, Mr. Speaker, and that is what volunteers can do in our community. When they collaborate with our government, when they work together, when we all work together, we get fast results. I am certainly proud of that as the MHA for the Baie Verte-Springdale district.

Upon saying that, I would also like to congratulate and recognize the 197,000 volunteers that we have in this great Province of ours for making our communities so vibrant, and they add to our communities. In fact, they are the heart and soul of our communities. So I would just like to say that, Mr. Speaker.

In addition to that, not this Saturday past but the Saturday before, I believe it was April 24, when I witnessed the same spirit of volunteerism and the same spirit of co-operation when I went down to Baie Verte and attended the breakfast that they had for the Baie Verte Volunteer Fire Department – it was a fundraiser. Guess what? There were over 300 people there Saturday morning. They were streaming in and out from 9:00 o'clock in the morning until about 12:30 that day. In fact, that is when I had the tremendous privilege and it was a great honour for me to present the key to Mayor Gerald Acreman, and to the fire chief, the brand new pumper truck. It was a delight, and he was certainly delighted as well. Everybody was delighted, Mr. Speaker, I have to say.

MR. O'BRIEN: Did he let you drive it?

MR. POLLARD: Guess what? Yes, I even had a ride in the brand new fire truck as well. I felt like a twelve-year-old boy.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: And you look as young (inaudible).

MR. POLLARD: Thank you, Mr. Speaker.

The Member from Gander says I look just as young as twelve years old; that is a great compliment.

Mr. Speaker, in my district there are over thirty-three different communities, and I had the honour and the privilege to be invited to seven of these communities through their volunteer fire department functions. I went to La Scie. I went to Baie Verte. I went to Ming's Bight. I went to Burlington. I went to Springdale, Woodstock and King's Point, from what I recall.

It was there I had a chance to talk to mayors, fire chiefs, firefighters. I saw the courage, the pride and the determination that they had for their volunteer fire department. It was there that the service awards were given out, and the firefighters of the year were recognized. I was proud to witness such an occasion. I have to say, they were all saying positive things about the performance of our government, Mr. Speaker, to which I am grateful as well.

So, I would like to congratulate all fire departments right across this great Province of ours and all volunteers across this great Province of ours for their tremendous contribution that they make, day in and day out, to this great Province of ours.

Now, Mr. Speaker, just more specifically to the 2010 Budget, I am proud to say that Budget 2010 offers continued support to firefighters. There is $2.5 million earmarked to acquire new fire trucks, and there is a commitment of $7.6 million over the next four years. In addition to that, there is $1 million earmarked to purchase critical protective personal fire equipment and with $2.5 million over the next four years. Now that, to me, speaks volumes. It speaks to me that it is a government that has listened to the mayors. It is a government that listened to fire chiefs. It is a government that heard the people. It is a testament to the fact that it is a government that recognized the important contribution that firefighters across this great Province of ours make to our communities, and because of that, Mr. Speaker, I see tremendous increased morale, increased morale, wherever I go among the fire departments. They appreciate the resources that our government is putting into these departments.

Furthermore, Mr Speaker, in Budget 2010 we have $135.5 million for municipal infrastructure projects. That will leverage $53.4 million from the federal government which raises the cost shared value to $188.9 million. That is nearly, not 10 percent, not 15 per cent but 22 per cent increase from over last year. Now, combine that with contributions from our towns and from our communities, we have a total combined investment of $225 million. What does that mean? It means that more communities in this great Province will be approved and more jobs will be created. I applaud our government for putting more resources, more funding into this pot to meet the increased demands of our communities. Again, our government is stepping up to the plate and meeting the demands of communities as best as we can. Year after year, we are meeting these demands and we will get over time.

In my district, again, I say over thirty-three different communities; they are all below a population of 3,000. This means that they are eligible for the 90-10 cost-share ratio. I applaud our government. I think it was over two or three years ago when they implemented this program, a cost-share ratio. I applaud them today for maintaining that cost-share ratio. I have talked to many mayors and they are delighted. I talked to different councillors and they are delighted that we have that 90-10 cost-share ratio.

As a result, Mr. Speaker - because in my district there are small, rural coastal communities, they could not afford projects in the years past. Consequently, they were lagging behind in infrastructure. They were sort of discouraged and thought they were forgotten. Now, with this 90-10 cost-share ratio, never before in my district have small communities been able to access funding for their projects because they have an opportunity to raise 10 per cent now.

Yes, I agree, there is still a struggle for some small communities to get their 10 per cent, but overall, most communities, these days, are able to come up with their 10 per cent. As a result, they hopefully would be approved for their project. There are a lot of communities in my district reaping the benefits of that cost-share ratio, Mr. Speaker.

Getting back to infrastructure spending - which is very important to do in a depressed economy. As the Member for Topsail just mentioned, we have over $1 billion earmarked in this Budget for infrastructure spending. That is right across all departments. If I recall last year, it was an unprecedented level of $800 million, which was 50 per cent higher from the year before. This year, $1 billion earmarked for public housing, for hospitals, for schools, for long-term care facilities, for water bombers, for ferries, roads, bridges; you name it and it is in there.

That is very significant. You might ask why that is so significant. First of all, in a depressed economy, the experts say that it is important to stimulate the economy. So, with this infrastructure spending, our economy is stimulated. Number two, not only stimulate the economy but jobs are created; it puts bread and butter on people's tables. Furthermore, it upgrades the dilapidated, aging infrastructure that we had experienced over the years.

Consequently, because of this unprecedented level of infrastructure spending, this government will leave a legacy which is very, very important to our children, to our grandchildren. We will have modern infrastructure, modern roads, modern buildings, modern equipment that everybody, our children, our seniors, our middle-aged people, everybody in this Province can access and use, Mr. Speaker.

So, yes, when this government assumed office in 2003, Mr. Speaker, we did face a dismal situation, a dismal picture. We knew we had to grow the economy. We knew we had to diversify the economy, and we are doing that, Mr. Speaker, by strategic investments. We are making strategic investments in our children, in our seniors, in health and wellness. We are making strategic investments in fishing, in mining, in forestry, in technology, in aquaculture, in tourism, in poverty reduction. Mr. Speaker, that is the legacy that we are leaving behind. We are indeed proud of the performance of this government.

I commend the Minister of Finance and his officials for doing such a sound, solid, outstanding Budget after criss-crossing the entire Island and Labrador, of course, and in my district as well. He put together a Budget, a very, very sound document, a road map that will lead us in the next year, Mr. Speaker –

AN HON. MEMBER: Self-reliance.

MR. POLLARD: Yes, someone said it will lead us to self-reliance, Mr. Speaker, of which I am very proud.

With that, I will conclude my remarks. Hopefully, there is another time I can get up and speak more directly to the things happening in my district.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS BURKE: Thank you, Mr. Speaker.

Mr. Speaker, I would like to call from the Order Paper Order 9, second reading of Bill 12, An Act To Amend The Grand Concourse Authority Act, and that this act be now read a second time.

MR. SPEAKER: Before we move to second reading, is the hon. Government House Leader adjourning debate on the Budget Speech?

MS BURKE: For now we are, Mr. Speaker. We will move along the Order Paper to number 9 on the Order Paper, second reading of bills.

MR. SPEAKER: It is moved and seconded that Bill 12, An Act Amend The Grand Concourse Authority Act be now read a second time.

Motion, second reading of a bill, "An Act To Amend The Grand Concourse Authority Act". (Bill 12)

MR. SPEAKER: The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. FRENCH: Thank you, Mr. Speaker.

I, too, want to echo what the previous member said about our colleague from Topsail. I am looking forward to working with him in the House of Assembly; obviously, both of us represent the Community of Conception Bay South. Unlike most that come into politics, he certainly is a senior political figure in our area, having been on municipal council for quite some time. I enjoyed working with him then, Mr. Speaker, and I know it will be seamless to work with him now as an MHA. So I want to congratulate him on his opening speech and find out who his speech writer is too, I might add, Mr. Speaker.

Mr. Speaker, the reason I am standing today is to speak to Bill 12, An Act To Amend The Grand Concourse Authority Act. Mr. Speaker, a significant piece of legislation that was introduced a number of years ago. Before I go into it, I always like to read the explanatory note in the legislation. It says, "This Bill would amend the Grand Concourse Authority Act to provide the Grand Concourse Authority with power to provide advice related to the design, construction and maintenance of pedestrian trails, bicycle paths and related amenities to persons and organizations who are not members of the authority."

So, Mr. Speaker, it is certainly not a major change to the previous piece of legislation. If I could, Mr. Speaker, it is only really two minor changes. The first one is adding the word bicycle to one of the sections, bicycle paths actually, to one of the sections that currently exist in the bill. As the bill currently stands, it just has to do with walkways and pedestrian trails. The Grand Concourse Authority actually has a significant amount of trails throughout the region and there are situations whereby they could use the trail ways that they currently have, they are either wide enough or they have the ability to make them wider to allow bicycles as well on some of their trail systems - so a very minor change.

The other piece, Mr. Speaker, which they hope to change as well - and I am going to read this into the record - is "to provide advice to persons and associations who are not members of the authority respecting the design, construction and maintenance of pedestrian trails, bicycle paths and related amenities." So, it is a significant piece of legislation but certainly a very minor change.

Mr. Speaker, if could, just for a second, I would like to comment a little bit on the Grand Concourse Authority. I am certainly not going to go on too long. I do not plan to use up my hour here today with such a minor change to such a great bill, actually.

The Grand Course Authority is a not-for-profit group and I guess it is made up of federal, provincial, and municipal representatives. It can also include corporations, groups and organizations which support the concept of the Grand Concourse.

Mr. Speaker, it is known throughout the Province, and indeed throughout the country, that this group is recognized as a leading authority on trail development, in particular in our Province. They are recognized nationally and internationally, especially when it comes to the planning and design and construction and maintenance of the trail systems. Maintenance of trail systems, as most of us know in this room is significant. If we are going out and promoting trail systems - which we do actually, and I will speak to that in a minute – it is important that we have maintenance programs in place. That is where the Grand Concourse Authority takes it to the next level, Mr. Speaker.

The Grand Concourse is often approached to provide advice on trail development by outside entities, such as non-members, municipalities who are looking to replicate the successes of the Grand Concourse trail system. Currently, the Grand Concourse Act does not provide the Grand Concourse the authority to provide advice for non-members. So, what this bill is doing today is seeking an amendment to rectify that very issue.

Mr. Speaker, the Grand Concourse Board of Directors provide advice on the planning and construction of all trail systems to non-members is where they want to go with this piece of legislation. This is a way for municipalities throughout the Province, for various organizations throughout Newfoundland and Labrador to benefit from the Grand Concourse Authority's expertise. This is something that they have developed over years and years dealing with design, construction and maintenance of their current trail system.

The Grand Concourse Authority board has a variety of members. The Province is represented, the Department of Tourism, Culture and Recreation being the lead department from government. It is also represented by Transportation and Works, Environment and Conservation, and Newfoundland and Labrador Housing as well. The Newfoundland and Labrador Housing Corporation actually owns most of the land that the Grand Concourse ran through originally. Municipal representatives: the City of St. John's, the City of Mount Pearl, and the Town of Paradise, as well as Parks Canada, Memorial University and the C.A. Pippy Park. The Grand Concourse Authority can also take on new members but a majority vote is required to confirm membership.

Mr. Speaker, just a little bit about the Grand Concourse; in the 1980s and early 1990s the St. John's metro area was recognized for its unique rivers and water bodies all under public ownership. Based on that observation, the Johnson Family Foundation established and funded a series of studies.

Before I go any further on that, just let me speak to the Johnson Family, in particular Paul Johnson. Mr. Speaker, what Paul Johnson has done in this area of the Province is nothing short of remarkable. We talk about philanthropists and people who are involved in their community and put their money where their mouth is, well, nothing is more evident than when we talk of the Johnson Family Foundation and Paul Johnson. I certainly take my hat off to him. He has been recognized for his efforts and continues, I might add, to not only become in the trails system, which he is probably most known for, but also being a contributing citizen to the St. John's and surrounding area. I could not speak about the Grand Concourse without acknowledging and thanking Paul Johnson and the Johnson Family Foundation for what they have contributed to this Province.

Mr. Speaker, not only has the Grand Concourse included the City of St. John's, it is also gone west to other municipalities, into Mount Pearl and, indeed, Paradise. A master plan for the Grand Concourse network guided that development and it was something again that the Johnson Family Foundation came up with. Now, that trail system goes as far west as Octagon Pond in Paradise. The amazing feat, I guess, of the entire Grand Concourse network has been worked on, I think - some people say it was completed in 2005, but I like to believe that it continues on to this day. I know for a fact they are constantly doing renovations and extensions on trail systems. The information I had was that it is 125 kilometres of walking trails in this Province, linkages and connections to sidewalks and so on. Mr. Speaker, that is a remarkable feat.

Mr. Speaker, walking and hiking trails, as we know, have been promoted as part of our provincial tourism marketing efforts. The walking and hiking trail pages actually on our tourism Web site are the most visited on the whole Web page, Mr. Speaker, which speaks to the significance of groups like the Grand Concourse. The Grand Concourse also includes interpretive panels along its route which is also very valuable when it comes to a tourism asset.

Mr. Speaker, we could also talk, I guess, a little bit about the value of the Grand Concourse. Certainly, walking and hiking are promoted as safe and healthy physical activities for citizens of all ages, through our Recreation and Sport Strategy; Active, Healthy Newfoundland and Labrador; as well as through active health and wellness, a Provincial Wellness Plan here in Newfoundland and Labrador; and, of course, our Provincial Healthy Aging Policy Framework.

So, Mr. Speaker, having an asset like the Grand Concourse certainly encourages people in the metro area to get out, to be physically active, walk, jog, and hopefully now bike on some of these beautiful trail systems.

Mr. Speaker, it was mentioned yesterday in a piece of legislation that I brought forward, the Pedestrian Trails Liability Protection Act, and it was mentioned at the time by the critic that he was wondering how that would be different from the Grand Concourse Authority. So, Mr. Speaker, I would just like to speak to that for a second before I sit down. I have another couple of minutes, but there are just a couple of points I would like to make during second reading and during debate.

Mr. Speaker, the Grand Concourse Authority is governed certainly by its own legislation, so that would include the Grand Concourse only, this particular bill, and the bill we talked about yesterday, the Pedestrian Trails Liability Protection Act, is certainly for everybody else, would be the best way to put it. As I said earlier in my few words, it is composed of members of the City of St. John's, Mount Pearl, the Town of Paradise, the Bowring Park Foundation, Departments of Tourism, Environment and Conservation, Transportation and Works, Newfoundland Housing, and the St. John's development association. They all pay dues to be members of the Grand Concourse Authority. Each one of these members, Mr. Speaker, when it comes to the insurance piece, certainly the city and the various towns would all carry their own liability insurance.

So, Mr. Speaker, the difference is, I guess, that the liability protection act will now extend to private and non-profit organizations that operate a pedestrian trail separate from the Grand Concourse.

In saying that, I know that this is certainly just a few minor amendments to this bill, Bill 12, and I certainly look forward to comments from across the floor.

Mr. Speaker, just to add to it, I realize the significance of this piece of legislation to all members in the St. John's area that this trail system would pass through their districts. I know that many of them use it. As a matter of fact, Mr. Speaker, I have had the opportunity to use it myself. I leave work some evenings and walk around the pond and certainly enjoy it, and you do see, especially in the summertime and fall, you do see quite a number of people using that trail system.

So again, Mr. Speaker, without any further ado, I will take my seat and look forward to some points made by members across the floor.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Kelly): The Chair recognizes the hon. Member for Signal Hill-Quidi Vidi.

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

I will try to get my thoughts together. I did not expect to speak so soon. We are dealing with Bill 12, if I am not mistaken, on the Grand Concourse Authority Act. I thank the minister for opening up the discussion on this bill. As the minister pointed out, this is not an extensive bill but it is an important bill, and I am glad to speak to it.

The first part of the bill - there are just two sections to the bill, "The purpose of the authority is to foster, promote and enable the design, development and operation, by or for the members, of an integrated network of walkways, bicycle paths and amenities on land owned or occupied by the members, to be known as the Grand Concourse." Now, what has been added in this clause, in the original act that is being amended, is adding the words: bicycle paths. That is extremely important.

The Concourse, as the minister has pointed out, has become known for the tremendous work it has done in developing pathways, a network of walkways, in particular, throughout this part of the Province, and it is quite a gift to the Province and to this area of the Province that has been given to the people by the Concourse and by those who have made tremendous donations to the Grand Concourse. I think that we have such a system of walkways now in the general area in St. John's and the general area around St. John's, it is something to be extremely proud of, and it really gives me pride when I have visitors come, to be able to point out to them the many, many walks that exist.

What I really like about this act is that the Grand Concourse is recognizing the need for bicycle paths as well. One of the things that has happened is on the walkways you do get competition between pedestrians and people on bikes. It is necessary to be able to accommodate everybody. So I am delighted - I know that the Grand Concourse has been concerned about that issue of being able to accommodate both pedestrians and people using bicycles, and the fact that the act now recognizes that is extremely important.

The Grand Concourse, of course, is a group that is made up of a tremendous amount of volunteer work. The volunteers who had a vision to put this network in place are to be commended and to be thanked for what they have done for the people in this part of the Province by putting so much energy into the network of walkways and bicycle paths and other amenities that are part of their system.

The other part of this bill, which is so important, is that this bill is recognizing that the Grand Concourse has become a group of people who are looked to by other people in the Province because of their experience, because of the work that they have done, because of the extent of the work that they have done. The second part of the bill recognizes that, because the bill is amending section 5 of the Grand Concourse Authority Act by adding immediately after paragraph one of section 5 the following, "(i.1) to provide advice to persons and associations who are not members of the authority respecting the design, construction and maintenance of pedestrian trails, bicycle paths and related amenities."

I think there has been some concern that a lot of people have been turning to the authority looking for assistance, looking for advice, looking for a way in which to share in their experience, and the authority really has not had the authority to act in that kind of a role. Because it is really Tourism, Culture and Recreation as a department, that would be the body that people would go to for advice, but I think that the ministry has recognized the tremendous expertise that exists in the Grand Concourse and is now saying - and I really commend the minister for this - that because of the expertise that they have, because of the knowledge that they have, that now they are being given the authority to act on their own with other trail groups. I think this is a tremendous move by the Department of Tourism, Culture and Recreation because it really is the essence of what community building is all about and it is the essence of actually community economic development, where groups in a community and communities themselves communicate with one another and learn from one another.

It reminds me of when I worked in community economic development and I was working with people on Bell Island, they had a notion of setting up a community co-operative. One of the ways in which they really learned how to do what they wanted to do was to link with other groups who had done similar work to what they wanted to do. One of the groups they went to, for example, was the Fogo Co-operative to learn from them what their process had been when they had set up the Fogo Co-operative. Another group they went to was a group in Cape Breton, Nova Scotia, called New Dawn Enterprises which was a community economic-based group of people, done in a co-operative model, to set up community businesses.

This thing of learning from one another, communities learning from one another, organizations learning from one another is an extremely good way in which to go. The thing that the authority has to offer to other groups is: What is the best way to actually put a trail together, the actual trail building? They advise the groups about how much a trail will cost; about how to find money; about how to get them started; how to communicate with municipalities, for example; how to reach out to the public and get the public involved in what they want to do. I am sure they give advice on how to communicate with the Department of Tourism, Culture and Recreation. This thing of maintaining the expertise and really helping that expertise grow, the expertise that is there in the authority, is extremely important.

One of the things I know that the authority tries to do; if a group comes to them the authority will first try to figure out if a project is viable. They will make sure that they can get money to work on the project and that money is in place before they will even take it on. The important thing about the authority is that they are a not-for-profit organization. If they go looking for money to work on a project with another group, they are not looking for money that will help them as a group. They only look for the amount of money that will cover the work that they have to do because they are not-for-profit. From that perspective, it makes it very good for the community groups who are going to reach out to them.

This is obviously going to help government, it is going to help the tourism branch and it is going to help those who are involved in giving money to organizations who are going to want to get involved in trail building. I know that the funders, especially ACOA, if they are going to give money they want to make sure that a trail is going to be maintained, that it is not enough for a trail to get started. A trail has to be maintained so that you do not get a maintenance issue down the road. By having a group like the authority being able to work with groups as they get into trail building, the funders know that there is going to be less chance of trails becoming a liability down the road, that they will continue to be an asset.

I am very pleased, Mr. Speaker, to stand and support this bill today. I think it is a move in a right direction and I just encourage government to make sure that as they make these changes that they continue to support generously the work of the community groups who are involved in this wonderful work of building trails, something which, as I said yesterday in a related bill when we talked about Bill 5, something that opens up our environment to us as we get out walking and bicycling on our trails and going through the different parts of our town and our cities and out in the woods. That is one part of it, and the other is that it certainly is part of helping develop a very healthy community as we get more and more into being outside in the fresh air and getting exercise.

Thank you very much, Mr. Speaker.

MR. SPEAKER: The Chair recognizes the hon. Deputy Speaker, the Member for St. John's South.

SOME HON. MEMBERS: Hear, hear!

MR. T. OSBORNE: Thank you, Mr. Speaker.

It is certainly a pleasure for me to stand here today and speak to this particular bill. I am well aware of the work that the Grand Concourse does throughout the city. I have had many involvements with the Grand Concourse over the years and they are well recognized on the Avalon region for their quality work and their expertise in designing and building high quality walking and hiking trails throughout the metro region.

In fact, their work has been recognized on both the national and international basis as well. It is this recognition that makes the Grand Concourse Authority highly sought after by other entities, including municipalities, to seek their advice in building and designing hiking trails and walking trails in their areas as well. These other entities are hoping to capitalize on the success of the work that has been seen and done by the Grand Concourse Authority throughout the metro region. This particular piece of legislation will allow the Grand Concourse the ability to provide that advice to other entities in helping them to build their trail ways and hiking trails as well. This act, Mr. Speaker, will rescind one part of the existing act and replace it with wording to allow the Grand Concourse Authority the ability to provide them that advice.

The Grand Concourse Authority is partially funded by the Province. There are a number of boards and entities which make up the Grand Concourse Authority. Those were brought up by the Minister of Tourism. They include entities such as: Memorial University, C.A. Pippy Park, as well as a number of agencies throughout the provincial government.

We also have to recognize Paul Johnson and the Johnson Family Foundation for creating the Grand Concourse Authority and bringing a dream to reality because the walking trails and hiking trails that we see throughout the city that have, in part, been brought about as a result of the Grand Concourse Authority are considered to be high-quality walking trails and a high-quality network.

Tourists from all over the world, whether they are from other regions of the Province or from other parts of Canada or, in fact, other parts of the world – and I have spoken to tourists on the East Coast Trail from Germany, as an example. They cannot believe the overwhelming beauty of the East Coast Trail and what that brings, the tourism potential that these hiking trails bring. Some tourists, in fact, actually come here specifically for the purpose of visiting our hiking and our walking trails. They have a very high tourism potential.

Some of the work, in fact, that the Grand Concourse Authority has either done or been involved with in my district, in particular, include Long's Bridge from Southside Road to Water Street. It runs through the old CN property. That is a magnificent connection from Water Street to the Southside Road. It is intended to connect to the T'Railway, which the Grand Concourse Authority has also been very involved with - the T'Railway that runs along the Waterford River. There are a number of interpretation boards and a number of rest areas - very, very high-quality work.

The park area, as well, in Fort Amherst near the old schoolhouse was designed and built by the Grand Concourse Authority. In that area, I have spoken to people since that area has been started and, in particular, over the past several months since the work has progressed down at the old schoolhouse site in Fort Amherst. It is absolutely beautiful; they have done a phenomenal job and taken an area that was previously unfinished and turned it into, really, a magnificent area, a work of art almost.

There is various other T'Railways in the downtown area, and throughout the city, that the Grand Concourse Authority has been involved with and has made their mark on. Again, it is these T'Railways, it is this work that the Grand Concourse Authority has done and been involved with that has attracted the attention of other entities who seek the advice of the Grand Concourse Authority.

Under section 3 of the Grand Concourse Authority Act they would repeal Section 3 and replace it with the following wording, "The purpose of the authority is to foster, promote and enable the design, development and operation, by or for the members, of an integrated network of walkways, bicycle paths and amenities on land owned or occupied by the members, to be known as the Grand Concourse."

As well, under section 5, section 5 is now amended to allow the Grand Concourse Authority to provide advice to persons and associations who are not members of the authority respecting the design, construction and maintenance of pedestrian trails, bicycle paths and related amenities. Essentially, what this act is about, the act would allow the Grand Concourse Authority the power and ability to provide this advice.

Again, I am pleased and delighted to speak to this particular piece of legislation for those two reasons: first of all, because I am very familiar with the work of the Grand Concourse Authority, and I know their work to be quality work that is recognized internationally. The fact that they are well sought after in providing design work, in providing advice to other entities, and previously, were unable to do that according to the legislation and will now have the ability to do that.

Mr. Speaker, it is my pleasure to support this piece of legislation and the Minister of Tourism in bringing the piece of legislation forward.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Chair recognizes the hon. Opposition House Leader.

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

I appreciate an opportunity to have a few words on Bill 12. I do not intend to take too long; there is twenty minutes allotted.

It is fairly straightforward, just a few comments on the Grand Concourse first, of course. A lot of partners involved in that, particularly Mr. Johnson, Paul Johnson as I indicated, who was the brain thrust behind the concept back some years ago. A beautiful system here in the Northeast Avalon region of St. John's, Mount Pearl, and I believe in the Paradise area as well, all of which municipalities are represented on the Concourse Authority.

It seems to be pretty straightforward here. The minister alluded to what the act was about, but it just seems like they are giving expanded powers to the authority to do certain things that they did not have before. I just looked at a chart, for example, and it seems like two sections are being amended here. One is section 3 and all we are adding in section 3 is bicycle paths from what I can see here. I do not see any other change.

The only question we would have in that regard, just as a user of the trails: Do you mean you are going to expand the Concourse Authority? Is there an intention to expand the existing trails such that bicycle trails will be added to the footpaths that already exist or is it a case of allowing the trails that already exist to be used as bike paths at the same time? I am wondering where this would have come about, and that is why I asked that question because I have been on the trails and I have met people on bicycles. Now, some people I understand have a problem with that, that they are using the foot trail with their bicycles.

So I guess the question I would have for the minister: Could he explain maybe – I know we have added in bicycle paths, but is it the intention to add bicycle paths or to allow what is already there to be used by people who operate bicycles? So that is pretty straightforward.

The other one is expanding their powers because, of course, the Grand Concourse had its creation, the intention and the design with respect to the Northeast Avalon area, but all this is adding here, from what I can see, is that it says: It allows the authority now in the future to provide advice to persons and associations who are not members of the authority respecting the design, construction and maintenance of pedestrian trails, bicycle paths and related amenities.

So we know who the members are already of the Grand Concourse Authority; it is the municipalities of St. John's, Paradise and Mount Pearl. We know there are some local organizations there: Memorial University; C.A. Pippy Park Commission; the Quidi Vidi/Rennie's River Development Foundation; the Bowring Park Foundation; the Johnson Family Foundation; St. John's Downtown Development Commission; and the St. John's Port Authority; as well as the Government of Newfoundland and Labrador through the Environment and Conservation department; Tourism, Culture and Recreation; Transportation and Works; and Newfoundland and Labrador Housing Corp.

So, we know who the existing members of the Grand Concourse Authority are and what we are doing in this one, we are changing clause 5 by adding and saying that we are now allowing the Grand Concourse Authority to provide advice to persons who are not members. So I am wondering exactly how did this came about, because the Grand Concourse Authority, now that they have built the Concourse and they maintain the Concourse, I am assuming it is just a case where most of their functions have been filled. Yet, we still have this board. They have a lot of knowledge. They are in a capacity, probably, to advise other groups. So, they are actually building in here now the authority for the Grand Concourse Authority to give this advice to other people who might want to design or construct or to maintain a pedestrian trail, a bicycle path, or any related amenities.

So, I am just wondering and curious as to how that came about. Why did they feel the need to specifically have an amendment to allow them to give that advice? Because if they exist, I am assuming that they have been doing it. Did somebody raise an issue of the Concourse Authority advising other people? What is the requirement to have a legislative amendment to allow the Grand Concourse Authority, the GCA, to actually be able to advise people?

Now of course, it is a two-way street. Because when you advise people sometimes, if you give improper advice, you can be sued for it. So, it is not just a case of giving the power here for the GCA to provide this advice. I am just wondering, has anybody pondered what if the advice proves to be poor advice, and what if it is relied upon by that third party? Where do we sit then? Where does the GCA sit then? If we, as a Legislature, are giving them the authority to advise - they go out and advise, for example, the Lewisporte Trail Association as to how to construct and build something. What if the advice proves to be faulty? Can you sue the GCA then? I think that is a legitimate question.

If we are going to go to the extent of allowing them to give the advice, are we going to do anything to protect them should the advice be faulty, like we did yesterday in Bill 5 when we talked about liability issues? My purpose of raising these questions is: How and why is it necessary to have this legislative amendment, and was this issue of potential liability contemplated if we expand that authority?

That is all the questions I have at this point, Mr. Speaker. I am sure the minister will have an opportunity before we address this in Committee stage, to find answers to those questions. Certainly, if the answers, of course, are reasonable and sensible we would have no problems. Everybody, I believe, is supportive of the Grand Concourse Authority. It is not a case of not being supportive of, it is a case of understanding what the purpose of this legislation is and why we need to be debating this here today.

Thank you.

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

SOME HON. MEMBERS: Hear, hear!

MR. BUCKINGHAM: Thank you, Mr. Speaker.

It is certainly a pleasure as a St. John's MHA to rise here in the House to have a few words to say about the Grand Concourse Authority and also with regard to this amendment that has been put before the House today.

Certainly, anyone who has been involved in St. John's over the last number of years has come to recognize the Grand Concourse Authority as a vital part of what makes St. John's St. John's. The early days of the Grand Concourse Authority saw recognition that the St. John's area and the metro area had quite a network of rivers, lakes, ponds that many people got to enjoy if it was just your sort of neighbourhood or if you wanted to make a very specific long trek to get there. What the Grand Concourse Authority did was recognize that this was in fact the foundation upon which could be built a very successful, a very well thought out network of trails that would allow people to get to different places where maybe they had not considered going before.

Also, to complement that physical layout was the interpretive side of the different links and the different pathways that they had put in place. It is very rare that you can walk around the older part of St. John's or go anywhere near a body of water or go between them that you cannot find one of the panels that the authority has put in place to give you a description of where you are. I have a part of that path going through my neighbourhood and it was only just a couple of years ago that – even though after years of passing by one of these panels and never really having stopped to look at it, I was taking a bit of a leisurely stroll one day, walked by the panel and did in fact learn a lot of interesting things about the history of my neighbourhood, some of the features, some of the things that had happened before I was born and some things that happened back – very historical things well before I was born.

When you look at something like this and you put yourself in the mind of a tourist, and having been a tourist myself and gone through different places and wondered what was the story behind this lane, behind this home, behind this building, and then you put yourself in those shoes and realize that here is a panel that has taken the time –when I say panel, I mean a display that is out there in the outdoors. You look at it and you realize this is the history of this neighbourhood. Because of that, you have the opportunity, should you use the trail in an extensive way, to really get in contact with a lot of the history of the neighbourhoods of St. John's and the things that in fact make them unique.

Mr. Speaker, certainly St. John's, if it has nothing else, it has history and we have lots of it. That the Grand Concourse Authority has taken upon itself not to just develop the trails but also to make it a much bigger experience than just the walking part of it, I think really speaks to the thought and effort that has gone into it and the authority should be commended for it.

Just last night, I took a walk around Kenny's Pond. Now to be honest with you, it is something that I have never done before. I probably pass Kenny's Pond two, three times a week. I probably did it throughout my whole life. It is right there in the middle of my district, but other than play a little bit of mini golf at the little course that is there I had not really taken the time to go around. Well, last night my wife and I decided it would be a good night to go for a walk. My daughter, who does a bit of running, decided she would use that to do a bit of training. So while my daughter ran around the lake, I am not quite so ambitious these days, my wife and I decided to walk.

It was incredible to see even just the small structures that were put there, where you could get out of the rain or you could get out of the sun or you could take some time to unpack a lunch and take some time to enjoy the pond and all of the features that are there. One of the features that we found really incredible was that there is a pair of swans there. We went by one of the little bridges that are there and there was this white ball of feathers which took us by surprise right away but then we noticed it was sitting on a nest, and very much sitting on a nest and very vigilant about whom was walking by. The swan's partner was out there doing what swans do with their big old tail feathers up in the air getting food I guess for the mother or whomever. Again, we often do not get an opportunity to get that close to nature. Yet, here it was in the middle of the city and I have to say, quite unexpected, quite pleasant and it made for a very pleasant evening.

As other members have mentioned, you cannot talk about the Grand Concourse Authority without talking about the contribution of the Johnson Family Foundation. Not only are they associated with things like the trail ways and the walkways but they also have played a big role in areas like the Johnson GEO CENTRE and the Johnson Geo Park which was just opened a couple of years ago. To go up there and realize the time and effort they have taken, not only to turn it into a very attractive place to walk but also the interpretative part they have done in terms of the geology that is there. Signal Hill, for anyone who has taken the time to do it, is quite a treasure trove of geological information. To make it so accessible and to make it so easy to understand is again truly a testament to the type of work that the Grand Concourse Authority does.

I was speaking to Mr. Addison Bown yesterday, who is the Executive Director of the Grand Concourse Authority. It is funny that the discussion we had should tie in very directly to the Member for Burgeo & La Poile, when he wondered if perhaps the Grand Concourse Authority had run the gamut and they were now just looking for something to do, or if they probably had fulfilled their mandate and really had no sense of where they would go from here.

I learned yesterday that right now the Grand Concourse Authority has over $4 million worth of projects that they are looking to get involved with this summer: things that they have already planned, things that they have identified funding for, and a game plan to how they were going to get there. As part of this, I believe there was a playground in Martin's Meadow, which is in the district of the Member for St. John's South.

Just to finish with the Member for Burgeo & La Poile, this $4 million obviously speaks to the fact that they do have a lot of areas that they are willing to contribute. They are an excellent resource to find funding. They are an excellent resource for the community groups within St. John's, Mount Pearl and Paradise, that if the municipalities or if neighbourhood groups have ideas about how their particular part of the world can be beautified, certainly the Grand Concourse Authority is there with advice in terms of what can be built, how it can be built, how to best maintain it, and how to integrate it into a fuller community picture. These are the types of things that they bring forward.

Coincidentally, as I was taking some time to research for today, I went on to the Grand Concourse Authority's Web site. They have a link there which I would really encourage anyone who is interested to go onto; it is called their current and future plans. As the Member for Burgeo & La Poile indicated, he was not sure how much they did have left. Well, I would like to assure you that they have quite a deal left. They have quite a lot of projects, with some pictures involved, and also some plans that they have for all three communities this summer coming up.

In terms of the bicycle paths, I know that for many years the Grand Concourse Authority was not really keen on bicycle paths. They had seen themselves as putting together walking trails. Anyone who has had the experience of walking on a trail and then having a crew of young people coming around the corner on their mountain bikes having a great old time, but not necessarily keeping the safety of the walkers in mind, it gets to be a little bit of a scary proposition. For that reason, the Grand Concourse was not so keen on bicycle trails; however, just last year - or I believe perhaps the year before, but I am pretty sure it was last year - the City of St. John's came out with a bicycle strategy. I believe about $1.7 million was put in on that, and the realization came that there was an ability to achieve some synergies in terms of creating these bike paths that could piggyback on the infrastructure that was currently provided and had been provided by the Grand Concourse Authority and yet, at the same time, would maintain the integrity of the experience of the walkers.

One of the things that you see often is that some bridges have been built, and these bridges are what allow the trails to exist; because you can certainly put a trail through woods - we did that as kids - but to put a trail through woods and have it go to a stream, well, you need a bridge. Just last year there was an announcement made, I believe it was over the Virginia River, a gorgeous bridge, beautiful, a delight to be on, and yet with an eye towards, perhaps, integrating the bicycle trails in there.

Again, they have changed their mandate a little bit to include the bicycle paths, and this is why part of it is in the legislation, whereas perhaps it had been not quite so clear that this was something that they were permitted to do.

One of the things that the Grand Concourse Authority has also done, and this plays in a little bit to the Minister of Tourism's other role for Culture and Recreation, particularly the recreation side, is that they have a program now called the Concourse Walkers. This program is again very much piggybacked on to the paths that exist. They use GPS, but what happens here is that as an individual you can go on to the Web site, you can sign up and you can, in fact, keep track of the walking that you do. Within that, you can pick Point A and Point B and say this is where I am going to walk tonight, or, when you get home, this is where I have walked. As a result, it will tell you exactly how far you have travelled, it will tell you how many calories you have burned, and it will tell you how many greenhouse gas emissions you may have avoided had you travelled this distance using a car.

Again, it is another layer of service to make the experience of physical activity, of taking advantage of walking through our trails, to a whole new level. Because, when we look at fitness, and if you look at a similar program that has been started by Recreation Newfoundland and Labrador and funded by the department, called Small Steps…Big Results, this is a method by which you can engage in physical activity and actually have some feedback, actually have some sense of how you have done. Within that, you can set personal goals for yourself. For example, if you were to say this summer I would like to walk 200 kilometres, how do you know if you have done it? Well, by using these programs such as Concourse Walkers, by using programs such as Small Steps…Big Results, you can, in fact, keep track of your physical activity and at the end of the summer find out if you have met your goal, if you have perhaps come a little short, or perhaps you might just find out that 200 kilometres, while it might have seemed a challenge at the front end of summer, if you come out in the back end and realize you walked 400, you are really motivated to go ahead and keep up your fitness program, and to encourage others to join along with you. Also in that vein, there are chat rooms that are piggybacked on to the Concourse Walkers program where you can actually go in and talk about the trails and the things you have seen, and perhaps gain motivation or give motivation for other people to get out and engage in this very worthwhile program.

Also, yesterday, during the discussion on Bill 5, the Member for Burgeo & La Poile talked about the groups in the communities that had taken the initiative to go and create a trail, to put something in place, some infrastructure in place, that would perhaps increase tourism, bring more people into their community, but as the time goes on they found that they had less and less resources and they had less and less volunteers.

I would suggest to you, Mr. Speaker, that a piece of legislation like this, that allows the Grand Concourse Authority to spread its knowledge beyond just the borders that are currently designated by legislation, will, in fact, go to perhaps solving some of these problems. When we think of volunteers and when we think of these kinds of community bases, oftentimes the thing that burns out the volunteers is the year-to-year treadmill of trying to find funding for maintenance, the year-to-year treadmill of finding money to keep things up, to improve it, to expand it. The reason why most of this money is needed is because of maintenance or replacement.

Now, one of the hallmarks of the Grand Concourse Authority is not only that they put in these trails and that they are well though out, but also, and very near and dear to this government's heart, is the idea of sustainability. They want to put infrastructure in place that does not require a lot of maintenance, and that just requires the bare minimum to keep everything up to standard, so that they do not find themselves in a situation where they cannot expand because they are using all the resources to maintain what is.

I suggest to you, Mr. Speaker, that if some communities who were inclined to create walking trails were to take advantage of the experience of the Grand Concourse Authority they could, in fact, create these trails that they want and, at the same time, avoid future costs for maintenance, for upkeep and for expansion. I suggest again that these are the things that really burn out volunteers and that make them sort of lose their enthusiasm for what they have created.

It should be noted that also on the Grand Concourse Authority Web site they do have sections there about how to maintain a trail and how to build a trail. My understanding is they have also published a manual, which costs about $250, that is available worldwide, which again is a summary of their expertise and the types of things that they have accomplished and how that body of knowledge is transferable to other areas.

Now, one of the things that they also have created – and, Mr. Speaker, I know there is a little bit of a hesitance for people to use props. What I have here with me right now is in fact not a prop to support any position I might have, but this is in fact a walkers map entitled - it is a walkers map and birdwatchers guide. It lays out where all of the trails are. It lays out some suggestions as to what you might do. Also, a fairly large - and if I might take advantage of our bit of television, some valuable information about the type of birds one might see when they go along the trail. Now most of these birds I have seen before, but to be honest with you, I have never seen a Yellow-rumped Warbler. If anyone has pictures of it I would like to see it, but nonetheless, apparently this is one of the birds you can see as you walk along the trails.

MR. DENINE: (Inaudible).

MR. BUCKINGHAM: Again, I say to the Member for Mount Pearl, I do not know where Yellow-rumped Warblers are, but if you do see one in Mount Pearl, please let me know.

MR. DENINE: I will probably let you know.

MR. BUCKINGHAM: Thank you very much.

Mr. Speaker, in conclusion, again, it is a privilege to get up and perhaps brag a little bit or to promote a little bit the Grand Concourse Authority. I understand at this point that they have already received requests from the Town of St. Lawrence, the Town of Port Rexton, and the Town of Fortune. The Grand Concourse Authority is certainly willing to meet with representatives from these communities to review their plans, to give advice on the layouts of the trail, and what materials to use that will keep them and will keep the trail sustainable.

For any communities that are perhaps considering doing something like this, this may be a bit of a word of advice to you, because of the Grand Concourse's ability to help you with maintaining a trail and keeping it for years to come, those types of decisions will - and I can almost guarantee - will result in higher costs to create the type of trail that you are looking to have. Now the idea of higher costs may turn some people off, but I would suggest to you, Mr. Speaker, that if any organization comes to a funding agency, whether it be government, whether it be corporate, and they say here are the costs that we anticipate but in conjunction with that request they say these costs and these materials have been vetted, have been looked at by the Grand Concourse Authority and we have gone through them to decide what is the best way for us to go, then I believe that when you go to these funding agencies and the Grand Concourse's stamp of approval is on it, I believe you will have a much better chance of success of attaining perhaps even more money than you had considered because the years of knowledge go along with that request.

With that, Mr. Speaker, I conclude my statements. I am certainly in full support of the legislation, and I look forward to further comments by members opposite.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Chair recognizes the hon. the Member for Kilbride.

MR. DINN: Mr. Speaker, I think it is only appropriate that I too probably stand up and have a few words about this amendment to the Grand Concourse Act. I am very familiar with the Grand Concourse, the work it has done in St. John's and Mount Pearl and Paradise over the years. They have built approximately 125 kilometres of trail that is expertly designed, built and maintained. These trails - I do not know if we could ever put a value on them as recreation infrastructure but they have a tremendous value.

In this day and age the Province, our Department of Health especially, are emphasizing the need for active healthy living. If you look at the trails that the Grand Concourse has built and look at the usage that these trails are getting, you can see that they have tremendous value out there in this world when we are talking about active living. People all over St. John's are using these trails. Many people from outside of St. John's come in and use these trails also. So, the Grand Concourse should be commended for the tremendous work they have done.

Something that was not mentioned but probably should be mentioned is the value that the Grand Concourse has added in the way of economic value. The Grand Concourse has leveraged millions and millions of dollars over the years from different government agencies, federal, provincial, municipal, from corporate sponsors and all over the place. They have created hundreds of jobs, provided training for workers of all kinds. They have made extensive use of JCP grants, which were once the property of the federal government, operated and run under Service Canada. Today, they have been taken over by the Province and I have much more confidence today that they will be more efficiently run when they are led by our good Minister of Human Resources. Even now I see a big change. I think we need to emphasize the importance of the economic value also, not only the health and welfare value, but also the economic value of these trails and what it has done for the City of St. John's, Mount Pearl and Paradise.

I have had associations and contacts with the Grand Concourse for years as a St. John's city councillor. When I was on council I attended a good few meetings, a good few briefings, a good few information sessions where the Grand Concourse came in and gave us information, or we even had to approve as a council a certain amount of funding for the Grand Concourse.

In recent years myself, and my colleague from Ferryland, we have been on the Bidgood Park foundation where the Grand Concourse is the lead hand in developing Bidgood Park. The City of St. John's commissioned the Grand Concourse a few years ago to design and build Bidgood Park as a passive recreation park.

Back several years ago the late Roger Bidgood and his family donated thirty-eight acres of land to the City of St. John's. They wanted this park developed, not as a sports park but more as a leisure type of park. The Grand Concourse was commissioned by the City of St. John's to design this park and they had designed the park that today has kind of a theme that would be recreational-environmental-heritage. A lot of work has been done on this park so far.

Anybody who is not familiar with Bidgood Park and any developments that have taken place probably should become familiar. If you live in the Goulds you should be aware of it because right now, I say there is a lot of work done on this park. Walking trails are pretty well completed. There is an outdoor classroom built to take advantage of the environmental aspects of this park. A river and associated wetlands run through this park, and there is a wide variety of plant life and animal life in the park. Classes now in and around the City of St. John's can go to this park, go to the outdoor classroom and then hold their environmental science classes.

Right now, I think the next big project that the Grand Concourse have ready for Bidgood Park is a heritage building. We need a building in there now. We have applications into ACOA that have not yet been funded and we are kind of calling on the federal government to look at these more carefully and give us some consideration in this part. This is major part of this, the next phase of this park. We need the funding so that we can get this part of the park done.

You all know that the Goulds, Mr. Speaker, and the Kilbride area were traditionally agricultural areas. Under the leadership of the Grand Concourse, a student was hired last year, this student has done a lot of work, a lot of legwork getting heritage information for the Bidgood Park, and we are right ready now to have a building to put these artifacts and this information in.

So far, Bidgood Park has gotten full support from the City of St. John's. The City has matched any funding that has been gathered together for Bidgood Park. The Lions Club in the Goulds are donating $8,000 a year to this park. The City of St. John's matches it. We have also gotten corporate sponsorship, different corporations have contributed some money but we need an awful lot more. We need a bigger influx of money into this, for this park.

Last year, our Tourism, Culture and Recreation department gave a grant of $15,000 to Bidgood Park through the efforts of my office and the office of my colleague from Ferryland. Fifteen thousand may seem like a lot of money but when you are talking about Bidgood Park which is targeted at a $4 million completion figure, or roughly that, it is not a big pile of money, so we need major investments.

I am not going to be too long more. I did not stand to spend twenty minutes talking about this, but I just wanted to have a few words. Bidgood Park is just another example of the quality work designed, built and maintained by the Grand Concourse. My colleague from St. John's mentioned the bicycle part of this amendment. He did mention that St. John's has a bicycle plan that they will incorporate, I guess, and start working on - they are started already, I guess, but they will complete that when they get a chance. The Grand Concourse will be the ones, I would guess, who will be doing a lot of this work, so I would ask my colleagues here in the House of Assembly to support the proposed amendments so that other groups and agencies in this Province can legally benefit from the Grand Concourse expertise.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: If the hon. the Minister of Tourism, Culture and Recreation speaks now, he will close the debate.

The hon. the Minister of Tourism, Culture and Recreation.

SOME HON. MEMBERS: Hear, hear!

MR. FRENCH: Thank you, Mr. Speaker.

I certainly want to thank all the speakers who took part in today's debate. As you can see, Mr. Speaker, there is very little dissension in the bill. It is very minor changes to a great group and a great organization, and certainly what they have contributed, again, to the surrounding area, the metro St. John's area, and outside, is phenomenal.

I look forward to this passing, Mr. Speaker, because there is a significant piece of work being done in my own district in Conception Bay South. I am certainly hoping that the powers that be will use the expertise of the Grand Concourse as we develop a walking trail along the ocean, the old rail bed, and create another trail, an ATV trail or snowmobile trail, in the back woods, Mr. Speaker. I am looking forward to their expertise on that matter, and I know that they would be more than willing to assist with advice.

Mr. Speaker, just as the Member for St. John's East said, this did not come about because the Grand Concourse has nothing to do any more; nothing could be further from the truth. This came about, and as the Member for St. John's East touched on, this is a group with millions of dollars worth of work, I believe $4 million potential work this year, but you can imagine just the maintenance on the trail systems that they have. That is one of the things that they bring to the table that a lot of organizations throughout the Province do not have and that is the maintenance abilities and the maintenance schedules that these people bring to the table. If you have ever walked one of their trail systems, it is certainly evident. Their maintenance schedules are certainly in place and they do a great piece of work in keeping it all in top-notch condition.

The piece about the bike trail - this is not an issue whereby they are going turn narrow paths now into motorized or pedal bikes or whatever the case may be, Mr. Speaker. Nothing could be further from the truth. This is a group who prides itself on the safety of its trails, so certainly they would use – bikes would be allowed on trails only where space is permitted, so where they had enough space to widen the trails or some of the trails that they currently have is wide enough to have both. I am sure, Mr. Speaker, they certainly would not do anything to a trail system that would jeopardize the safety of people walking or hikers on the trail or bikers on the trail. This is not something they are going to do on every trail system; this is only something they are going to do where they have the room and the space available or where they can make the space. So I just wanted to add that to go along with some of the comments.

Mr. Speaker, as I said yesterday, when it comes to the fact that the Grand Concourse goes out to a municipality and gives advice on how to build a proper trail certainly does not make them liable for that trail. Whoever builds the trail is responsible for the liability. In many cases, the Grand Concourse will be dealing with municipalities who certainly have their own liability insurance that will be able to cover it off that way. By Grand Concourse going out and offering advice and guidance to a municipality or an organization building a trail, they certainly would not be responsible for what happens from a liability perspective. They are there just to give their expertise. Like I said, like many of the speakers acknowledged, this group certainly has national and international recognition and that is what the rest of us in the Province want to feed off is their ability to create a trail system. If were only as lucky to have trail systems throughout this Province like the Grand Concourse has developed in the metro area, I can assure you that as a people and as a Province and certainly as a tourism destination, we would be much, much better off.

Again, Mr. Speaker, I want to commend the staff, some of them are with us today. I want to commend the staff for the work that they do when it comes to maintenance of these trails, the design work and how well - another thing that they do very, very well and that is they partner with the community, they partner with the federal government, they partner with the provincial government, they partner with local organizations, and they have quite a name for how they partner with the local organizations to bring the funding together. They are experts in the field; it is no easy way to say it. They are certainly experts in the field.

I want to, again, thank all of the speakers. I certainly want to wish good luck to the Grand Concourse in their future endeavours and to say that there will be a Grand Concourse Authority probably long after most of us are planted because I can assure you they have quite a legacy around this city, and I look forward to working with them in the future in Conception Bay South.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Is it the pleasure of the House that the said bill be now read a 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 Grand Concourse Authority Act. (Bill 12)

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

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

MS BURKE: Tomorrow, Mr. Speaker.

On motion, a bill, "An Act To Amend The Grand Concourse Authority Act", read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill 12)

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

MS BURKE: Thank you, Mr. Speaker.

We will return to the Order Paper, Order 10, which is second reading of Bill 13.

With that, Mr. Speaker, I move, seconded by the hon. the Minister of Government Services, that Bill 13, An Act To Amend The Consumer Protection And Business Practices Act, be now read a second time.

MR. SPEAKER: It is moved and seconded that Bill 13 entitled An Act To Amend The Consumer Protection And Business Practices Act now be read a second time.

Motion, second reading of a bill, "An Act To Amend The Consumer Protection And Business Practices Act." (Bill 13)

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

AN HON. MEMBER: No, Government Services.

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: That was in my former life, Mr. Speaker. I enjoyed my time in the Department of Business, I must say, and I envy my colleague, the present Minister of Business because it is a dynamic department to be in, especially in this era of Newfoundland and Labrador.

Mr. Speaker, I bring your attention to this act. In regard to the act itself, it is the Consumer Protection and Business Act. That act came about on December 1, 2009. It was the result of a piece of work that went on in my department in regard to consolidating several pieces of consumer legislation. When I say that, Mr. Speaker, this piece of legislation is primarily there to prohibit unfair and unconscionable business acts or practices and provides remedies for wronged consumers. That is very, very important, Mr. Speaker, in regard to how we, as a government, anticipate fraudulent activity or wrongful activity by businesses that would wrong a consumer.

Consumes, from time to time, do and transact business in Newfoundland and Labrador as they do anywhere else in this fine country of ours, of Canada. They go in with an open mind and they go in with an innocent mind. They go in to transact that piece of business. They also go in with trust, which is a very important word; they go in with trust, in through those doors, and they expect to be treated well and they expect to be treated fairly. Sometimes, Mr. Speaker, in this great world of ours those consumers are not treated fairly. They are not treated in regard to the trust that they expect and sometimes they do not get exactly what they are looking for.

This particular act, the Consumer Protection and Business Practices Act, helps to protect the consumer from those unconscionable acts. Especially, Mr. Speaker, when we travel around Newfoundland and Labrador and we think about things and businesses, and I will just mention a few. We have many, many retail businesses in Newfoundland and Labrador. We have water bottling places in Newfoundland and Labrador and we have all kinds of businesses in regard to construction business. Certainly, if there is any kind of fraudulent activity or any type of activity that would lead the consumer astray, well then this act protects the consumer in regard to that particular piece of work.

I see this act as being one of the most important acts that I have in the Department of Government Services. We have currently, in the Department of Government Services, over 150 pieces of legislation that governs just about anything in this Province that a person might engage in. We have pieces of legislation that deals with births. We have pieces of legislation that deals with deaths. We have pieces of legislation that deals with the registry of companies. We have pieces of legislation that deals with registration of any particular property that you might have.

Just to name a few that we have in the Department of Government Services. We govern securities; we govern insurance and all those good kinds of things, from a public point of view, to makes sure that our consumer is protected. Also, we have pieces of legislation that protects business. Sometimes, Mr. Speaker, in regard to the Consumer Protection and Business Practices Act, that not only do we protect the consumer from those unconscionable acts, they also really give good guidance to the business entrepreneur themselves. They actually try to transact business within the economy of Newfoundland and Labrador, and they do the best they possibly can. Certainly, this act will give them guidance and clarity in regard to anything that they might have on their minds. Also, in regard to deterrence, in regard to if they were to ever think about doing something and not disclosing something to the particular consumer that comes through their door to transact a business.

As I mentioned, Mr. Speaker, this act came into force on December 1, 2009, and the consolidation of several pieces of legislation. During the drafting of the act, and also with consultations - which is a process that we go through in the Department of Government Services all the time in regard to the 150-odd pieces of legislation that we have in the department, we are in a continual review type process. We are reviewing not only – somebody might want to ask, this act came into force on December 1, 2009, and now I am up in this hon. House advocating and talking about amendments to that particular act. You might ask, why? Why didn't we have all this done in the first place? Well, that is a continuous process, Mr. Speaker. We are continually engaging with consumers, we are continually engaging with the people of Newfoundland and Labrador. We are also continually looking for advice from other jurisdictions across Canada in regard to our provinces and territories, and even the world for that matter; things that we can incorporate in our acts that will further strengthen the act in regard to what it is supposed to do.

We also engage with the actual business world to make sure that the act does not infringe on their transactions as well, and the way they do business. Particularly, the amendments that I am going to talk about here today addresses some of the things that came forward in regard to that process and the engagement that we had with the particular financing and leasing associations, the Association of Canadian Financial Corporations and also Newfoundland and Labrador Credit Union. Things that they see within the act that needed to change for the protection of the consumer and also to enable them to do their business and transact the business in a proper manner.

We engaged shortly after December 1, 2009. I think it was that very spring. Well just after, probably in January or so that we had a consultation process start. We engaged with particular people in the financial industry and also with legal advice to have a look at the act that we had just brought into force, and see if the things that we were hearing went into the act that prohibited the smooth transactions of business dealings and also in regard to some of the areas that we could strengthen the act from the consumer point of view. We started that very early after the act came into force.

There are a couple of areas in the act that had to be clarified and one is in regard to leasing arrangements; leasing of vehicles, or leasing of property or leasing of equipment, Mr. Speaker. We have a lot of that going on in the Province and Canada and elsewhere in the other provinces. Not as much in the auto industry as it used to be but is a big part of doing business.

One of the things that had to be clarified; when you enter into an agreement on the lease of a vehicle say, for instance, or a piece of equipment, when you sign off on the contract you have a period of time when you pay out the lease over a three-year period, four-year period or five-year period, that there is an option price to buy back that piece of property and own it yourself. That piece of work needed to be clarified in regard to the difference between the residual price and the option price in that the financial industry, the leasing companies, the ones that do the actual financing in regard to those lease agreements, brought it to our attention that they have standard forms right across the country in every other jurisdiction, the nine provinces and the couple of territories that we have in Canada, that they had a standardized form and a standardized computer system in regard to that lease arrangement.

We were unique in Newfoundland and Labrador in that we did not have the option price clarified to the degree that they could use those actual forms, print them off and have the customer sign off and then enter into the lease agreement.

Anyway, Mr. Speaker, within this piece of work that I am here to do today, we have addressed that issue under section 45(1)(d) in that it deals with the assumed residual payments. Certainly, we have clarified now for the industry that the option price is the price that, at the end of the lease agreement, the consumer has to deal with.

Mr. Speaker, sometimes - I will be up front, too – as well, you would find, and very rarely, a residual price would be lower than the option price. I have been leasing vehicles, several on occasion, in my past business life, and each and every time that I signed off, because I was quite aware of the actual agreements and the wording within the lease agreement itself, I very, very rarely found that the residual price was lower than the option price. So the option price is always lower than the residual price, and certainly that protects the consumer but it also enables the finance companies to do business in Newfoundland and Labrador, because they are not going to change their computer systems and deal with our legislation differently than they would, say, in Ontario, Alberta, Quebec, or wherever else they are doing business. That needed to be done, and I am happy to get up here and clarify that in regard to having the consumer very clear in regard to their options and also to their obligations with regard to the lease agreement itself. It also enables the finance companies, as well, to move forward and not have to treat Newfoundland and Labrador any differently than they would treat any other province and any other resident of Canada.

The second piece that I have to deal with in regard to the other amendments: I am asking to repeal and replace section 52(3) of the current act. That section refers to the non-interest charges. We noted that was a drafting error when we drafted the legislation and it should refer to non-interest finance charges. It might not make a lot of difference to anybody here in the House today, if they are not into the financial world, but it makes a whole lot of difference when you are signing off on an agreement between a finance company and a lessee in regard to clarifying that to non-interest finance charges. So that has to be repealed and certainly replaced with non-interest finance charges.

The third piece is that I am proposing to repeal and replace section 55(b)(ii) and repeal and replace section 56(1)(a)(ii). These sections refer to the inclusion of brokerage fees and the calculation of the annual percentage rate. The standard practice in the financing world, in the business world, which is actually governed under the Bank of Canada Bank Act regulations, that the APR or the brokerage charges is not used in the calculation of open credit. Certainly as we developed, in regard to Government Services, we realized that this calculation – we should not have the APR calculation for open credit. In an effort to harmonize the legislation with all the other jurisdictions in Canada, certainly we are proposing to repeal and replace those particular sections in this particular bill.

Just to clarify, Mr. Speaker, the current wording was a drafting error as well and we did not intend to require the APR calculation for open credit because this is certainly not the practice under the Bank Act regulations for the rest of Canada, so we want to have harmonization. We would only have brokerage fees applicable to the APR calculation for fixed credit only.

Mr. Speaker, if I could actually clarify the difference between open credit, as well, all I would have to do is give you an example of an open credit. Credit cards and lines of credit would be an open credit line. So, the drafting error certainly applies to no brokerage fees in regard to credit card interest charges as well.

The next section that I would like to speak about is to a main section, 69(1), and this is actually a statement of disclosure. Sometimes, Mr. Speaker, what happens is that there are a lot of things that might, under the act, be required to be stated in regard to a delivery of statements of accounts, but we want to clarify exactly what should be included in those statements. So we are proposing to amend subsection 69(1), and clarify that only the applicable items listed are to be made clear and to be disclosed in regard to any agreement that might be entered into by the consumer and the particular finance company or business that they are doing business with.

It does not make any sense, and it is very confusing to the consumer as well, in that when you have a whole list, an array of items that are not applicable to the actual transaction that you are entering into, that it becomes very, very confusing when you have to list all these things and it has nothing to do with the transaction itself.

We certainly look forward to having that supported by my hon. colleagues across the House, as well, because I think they are pretty clear on this. It is my understanding they are. We will soon see, now, when I finish speaking here in the House, if they are. I am hoping that they are, anyway, because it makes all the sense in the world.

The next one I would like to reference is to repeal and replace section 110(1)(a) of the act. This section states in Part VII of the act that it is applicable to credit agreements for fixed credit and leases. Certainly, Mr. Speaker, what this deals with is the transition from the old to the new act in regard to lease agreements that were entered into in the old, and that the act actually should not apply to a lease that was entered into beforehand, and that it is automatically renewed pursuant to the terms of the lease. So, on a go-forward basis, that should not apply as well, and be subject to the particular items and regulations in regard to this act itself.

Mr. Speaker, these are all the actual amendments that I am proposing here today. Again, I have to speak a little bit about the Consumer Protection and Business Practices Act. Sometimes I find, as the Minister of Government Services, that people actually take my department for granted, in some cases, in that they do not actually realize just how much work we transact, and how much protection we give the public on an ongoing basis every day, 365 days a year, in Newfoundland and Labrador.

So this Consumer Protection and Business Practices Act is certainly very focused in regard to transactions that might occur between a consumer, a constituent, a resident of Newfoundland and Labrador, and any business that might be transacting business in Newfoundland and Labrador. It could be as far away as Grand Bank, for all I know, and it could be as close to me as Gander that this kind of thing could be happening in regard to a particular consumer coming into a place of business, entering it with all the confidence in the world and all the innocence in the world that they are going to be treated fairly.

This piece of legislation here today protects the consumer, clarifies the responsibility of the actual place of business, and this one, in regard to the amendments that I am doing today, particularly addresses some of the disclosure items under the piece of legislation and the regulations pertaining to financing of leases.

Mr. Speaker, with that, I will end my comments. I welcome any thoughts or any suggestions, particularly support from my hon. members across the House because I am quite sure that they see it as I see it, that this is a very important piece of legislation. It might not seem to be at times because it might seem mundane and boring, but these are the kind of things that we have to do on an ongoing basis to protect the public and also to give clarity to anybody who would transact business in Newfoundland and Labrador.

With that, Mr. Speaker, I welcome the comments from my hon. members across the House, and I will take my seat.

MR. SPEAKER (T. Osborne): The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you very much, Mr. Speaker.

It is a pleasure to be able to stand and make a few comments with regard to Bill 13, An Act To Amend The Consumer Protection And Business Practices Act. As is stated in the explanatory note, Mr. Speaker, Bill 13 would amend a number of provisions of the act related to the cost of consumer credit disclosure and to result in greater alignment of those provisions with those similar to legislation in other Canadian jurisdictions.

Mr. Speaker, as I have been informed, those amendments are mainly a result of comments from industry stakeholders, industry organizations who noted while reviewing the act the differences from our legislation to other jurisdictions.

Mr. Speaker, the minister did note that it is a further refinement of the new Consumer Protection and Business Practices Act which was assented to on May 28, 2009. At that time, we know this is a tremendous piece of business, an undertaking of replacing seven acts with a single act. From time to time there would be changes, no doubt about that.

The seven acts that have been put together in this particular one are the Consumer Protection Act, the Consumer Reporting Agencies Act, the Cost of Consumer Credit Disclosure Act, the Direct Sellers Act, the Trade Practices Act, the Unconscionable Transactions Relief Act, and the Unsolicited Good and Credit Cards Act.

Mr. Speaker, as we look at this act - and the minister has gone through the various parts of the legislation that are being changed. When it comes to section 45 under the existing act, the main focus here is on what we classify as the assumed residual payment and the cash value. I am not going to read the proposed amendments that have been put forward, but those have been changed slightly to consist with legislation in other jurisdictions.

When we come to section 45 of the act, it is the implicit finance charge for lease - it means the total of the periodic payment plus the assumed residual payment, less the capitalized amount. Under this, there are changes here to bring it in line with the act in other jurisdictions. This is something that has been put forward by those in the know and the department, in their wisdom, has agreed to do that.

Under section 45in the act it lists the option price. This is a new piece that has been added to section 45. This definition of optional service has been added as it was omitted in the previous act. All that it says under the optional service, it means a service that is offered to a borrower in connection with a credit agreement and that the borrower does not have to accept it in order to enter into a credit agreement. As the minister stated, this is something that we look at, consumer protection is a key component here.

As the minister stated, under section 52, we referenced non-interest charges and that has been realigned to state non-interest finance charges. The older section has been repealed and replaced with this new section.

Under section 55 and 56 of the act the wording that has been added is where the credit is a fixed credit. As the minister stated, this section only applies to fixed credit and is consistent with the legislation of other jurisdictions in all other provinces and also with the federal bank act. It is very important that we be all consistent, especially when it comes to the federal bank act and each and every province, I guess, singing from the same book.

Under section 69, Mr. Speaker, the reason for this one here is all information under this section is not applicable in all circumstances. That is what it states in the new section. They only have to provide the information, as much of the following information that is applicable. In other words, rather than put everything forward when they make their claims, they only put forward the information that would be applicable to that particular interest.

Then, under section 110, Part VII, this act does not apply to fixed term leases that were entered into before the act came into force. However, the new act does state: But this does not apply to a fixed term lease whose term is extended unless the lessee and lessor have signed an agreement to extend the term. So it is entirely up to them, it is not applicable to anything prior to but they do have the option to take care of that.

Mr. Speaker, this piece of legislation, generally, is harmonization of the Newfoundland and consumer protection legislation with that of other Canadian jurisdictions. It is positive both from compliance and an enforcement perspective. We always have to have, first and foremost in our mind, the consumer. As was stated earlier this really puts trust in the system knowing that there is protection there for the consumer, but it is also good guidance to the proprietor, those in the business field as well.

The proposed amendments, they appear to do little more than add greater clarity to the provisions related to the cost of consumer credit disclosure. As I stated earlier, it is good to see that the government is still continuing, still listening to those in the know and are willing to make changes even though this piece of legislation was acclaimed just in 2009.

As I stated earlier, we are glad to see government being proactive and following up on the feedback that they get and moving to better harmonize the act with other jurisdictions. I guess the main focus, Mr. Speaker, is to see that the business community, the business practices are carried out to their satisfaction, but more importantly, that it is all about the protection for the consumer.

With that, Mr. Speaker, I will conclude my comments with regard to Bill 13, and say to the minister that we see no problems with the amendments that are here because it is at the interest of the stakeholders and just add clarity to the bill.

Thank you, Mr. Speaker.

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

SOME HON. MEMBERS: Hear, hear!

MR. BUCKINGHAM: Thank you, Mr. Speaker.

It is certainly a pleasure to get up today to speak to the amendment of the Consumer Protection and Business Practices Act.

We must be in the middle of playoff fever because of all the hockey analogies that have gone on would speak to that and I am going to, unfortunately, bring it a little bit further. The Minister of Government Services talked about how oftentimes he felt maybe his department was taken for granted. When you look at the amount of legislation that comes through this House, the greater majority of it does actually come from his same department. However, if I can get back to my hockey analogy, not only have I played through the years but I have also been a referee. There are only two ways to know if you have done a good job as a referee. One, if both teams are really mad at you, you have treated everyone fairly; or the other one is if the game is over and no one even knew you were on the ice.

I think what we have here in many ways is that this Department of Government Services does in fact not only take care of consumer issues as they arise, but also they are very proactive - very proactive in dealing with the types of things that may come up, but also very proactive in letting people who are in business know that there is a structure in place that is a consumer watchdog, someone who will take care of things as they come up. Also, new business practices emerge that may or may not be covered under particular pieces of legislation. So –

MR. SPEAKER: Order, please!

I would ask the co-operation of members on both sides of the House. The Chair is having some difficulty in hearing the hon. member I recognized to speak.

The hon. the Member for the District of St. John's East.

MR. BUCKINGHAM: Thank you, Mr. Speaker.

If I can pick up where I left off, the department certainly does a very good job, not only of being reactive but of being proactive to the different things that may happen in the marketplace and certainly as they try and protect consumers.

For many years when I taught high school, I taught a course called Consumer Studies and it only really speaks to the importance of educating young people as to consumer protections that are available and their role in the marketplace. In many ways, you had certain students who thought that government is Big Brother who would protect them from every little transaction that they get into. Then on the flip side there were some people who felt they had no protections at all, but as we can all understand, that actual balance falls somewhere in the middle.

Government cannot legislate, absolutely, everything that goes on in the marketplace. It is not reasonable and it really is stifling the whole thing. On the other side, you cannot go with a straight caveat emptor where the consumer is responsible for each and every transaction they make. Certainly there is a lot of ability to twist things, move things, to create things that perhaps may hide the true intentions of the business transaction, but again, that is the nature of the marketplace. The consumer does have a certain amount of responsibility in how they interact with the marketplace. So, a combination of an individual's awareness and an individual's vigilance in terms of his own transactions, combined with what the government provides, make the marketplace certainly much safer to be.

Now, the whole business today of taking a lot of these changes in terms of harmonizing what we have in our legislation speaks to not only the marketplace that we have here in Newfoundland but also to how our marketplace is integrated with the national scene. There is a group called the Consumer Measures Committee. That group is comprised of national, provincial, and territorial members who come together to create an atmosphere where the types of consumer protections are strengthened right across the country. They take the opportunity to learn from each other, but also as part of that, they take the opportunity to create that consistency where groups can come into Newfoundland and because of their experience in their own province, they have a very good sense of how the consumer protection business will work in Newfoundland. Conversely, any business from Newfoundland who decide that they are going to transact business in any other province in the country, also by virtue of what they know here and by virtue of the harmonization of these types of legislation, they can go into other provinces and take care of business without any great surprises. So, this is certainly a good step towards it.

One of the things that really hardened me when I looked at how all this came about to be, is that industry plays quite a role in where all this goes. The industry representatives, again as being good corporate citizens, realizing that protecting consumers is good for their own business, is good for competition, they have also, I believe, come forward and pointed out some of the wording in consumer protection that might not be consistent. That may in fact be misinterpreted, that perhaps if phrased in a particular way would allow them to transmit to their customers just what kind of consumer protections are available for them. To be honest with you, Mr. Speaker, if I were to be going into the marketplace looking for a product, whether it be a car, whether it be a loan, whether it be a refrigerator, if I have the opportunity to do business with an organization that I believe is protecting my rights, that makes a real effort to say, here is what can happen for you, then it is certainly a choice that I would be willing to make.

Now, this whole business that we have going on here today deals with Part VII of the act, the Cost of Consumer Credit Disclosure. It starts off in section 45 with definitions. Now, Mr. Speaker, the definitions run not only through the whole gamut but they go right up until, not only (ww), (xx), but (yy). So we have gone through the alphabet essentially twice. So I guess roughly, if my math is current, about fifty-two different definitions, all of which, as I have read through them, are stated quite clearly. Now, there is a bit of technical language in there, but with a little bit of research and a little bit of thought a consumer can find out exactly what they are entitled to do.

If we look at some of the changes that are being made here; in section 45 the definitions for assumed residual payment, that has been deleted. It has just been strengthened up a bit to be very clear as to what it deals with in terms of how it deals with an option lease, or if there is no option lease available in the transaction that has taken place.

Section 45 deals with cash value. A lot of times we might not have a real good understanding of what this is. As the minister alluded to, first off if you buy a piece of equipment, whether it be a car, whether it be a tractor, whether it be anything that you lease for a particular period of time and you have the opportunity to acquire this for yourself, at the back end, there needs to be clarity. There needs to be clarity as to what that price is going to be at the end. As a consumer, you need to enter into all these financial transactions with a full and clear understanding of what it is you have taken on; what are the types of things that you can expect to see at the back end and what your rights are if those are not exactly where they should be. Again, if you sign on to something that is not clearly laid out, then part of your responsibility, you have probably let go a little bit.

The section about optional services; I had some questions myself this morning about the optional services. What are the types of things that could be considered as optional services? Some of those things might be, for example, if you go into an organization to acquire either an asset or to acquire either a loan, they could turn around and say, do you want insurance involved here? Do you want to have your mortgage involved here? Would you like to take out an education loan? There could be any number of things that the company you were originally trying to do business with may try to up sell you, try to give you a little bit more.

There is nothing wrong with that part of it, unless the company makes your original arrangements contingent on buying more. What this consumer protection piece of legislation says that if they make optional services – if they make that a requirement of you being successful with the base service, then that is no longer allowed. Again, I think most people understand or at least most people would walk away from an arrangement like that. Now with this legislation being in place, it very much says that that is not to happen.

Section 52; again, it is just a very small change. It just talks about the types of charges that are put there. In, I guess, what would be a quirk of legislation, there is really only one word added into this subsection, yet the way it is worked is that the whole previous section had been deleted and the new section, which is word for word with one additional word, has just been added in.

Very similar if you go down through section 55, it is the same type of thing because it talks about fixed credit. Section 56 also talks about fixed credit and, again, defines very clearly what it is you have gotten yourself into.

Now, section 69 I found to be one of the more interesting things because in it, it outlines that if someone extends you credit, they need to deliver to the borrower a statement of accounts. Now, that had been how it stood just by itself, but the addition that we have here is that they put to you a statement of account, but it also contains as much of the following information as is applicable. Mr. Speaker, the parts of information, the possibilities of those pieces of information that they are required to provide to you are numbered here (a) through (n). All of these may or may not be applicable to the person who is contracting under this financial arrangement, so it is important for the consumer to realize that they have a right to understand what information has been agreed on by both the lender and the borrower.

Of course, just to finish off, Mr. Speaker, section 110 talks about when this comes in force. Any arrangements that were made prior to this act coming into force stand as they are. No one can go and point to the act and say: Hold on a second now, this arrangement we made two months ago, two years ago, now does not stand the test of this new act. This clause here says that what had been in place before stays where it is, but any changes that are made by the consent of both the lender and the borrower are now subject to the new changes that will come forward in this act.

So, Mr. Speaker, I am going to finish off there. Certainly, this is a very important act. Perhaps the small tweaks that we have made today are not going to change the intent or the spirit of what the Consumer Protection Act is designed to do, but it certainly does put us in a position of harmonizing it with the rest of the country. It certainly does put us in a position of it being more clear, more in a position that people when they come to Newfoundland to do business, they understand the lay of the land because it is the same lay of the land that they have come from.

So, Mr. Speaker, with that I will conclude my remarks and again look forward to further remarks.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I am pleased to rise in this hon. House this afternoon for a few minutes to address a number of changes proposed in this bill to amend the Consumer Protection and Business Practices Act.

As has been pointed out by the minister, one of the Opposition members, and my colleague for the District of St. John's East, this is, in fact, a very important piece of legislation. It deals specifically with protecting the rights of individual consumers. This is a government that knows full well the importance of protecting our citizens, and I think it is rather fitting that we are making these improvements to this specific piece of legislation.

In terms of protecting people, this government has an incredible track record. When you look at our record on protecting our natural resources, when you look at our record on doing things to protect our environment, when you look at what this government has done in one of the most significant recessions in significant times to protect and preserve and strengthen our economy. When you look at what this government has done to protect society's most vulnerable, when you look at the investments that this government has made in protecting children and youth and families, when you look at the new programs we have introduced for seniors.

This government also has an amazing track record when it comes to protecting people's safety. We have increased our investments in both of the police forces in this Province. When you look at the investments we have made in protecting people's health. We have a record budget this year in terms of health care, and the improvements that have been made over the last six or seven years are unbelievable. So, when it comes to protecting people, this government has a track record that I am incredibly proud of.

I would like to begin, Mr. Speaker, by commending the MHA for Topsail on his maiden speech today. He is certainly a gentleman that knows about the importance of protecting people, given his impressive career with the Royal Newfoundland Constabulary – one of our Province's police forces - and a number of other charities and organizations that he has been involved in. So, I certainly commend him on a great speech. I have had the pleasure of working with him in recent weeks since he was sworn in. We have known each other a long time, as I said previously, but now to roll up our sleeves and work hard on behalf of the people of Mount Pearl and Paradise, it is has been a pleasure working with him, and we are already getting great things accomplished for both of those municipalities that we represent.

We certainly, as a government, do have a responsibility to protect the people that we represent. That is why the whole issue related to consumer protection is so important. Mr. Speaker, as I said, we live in an incredibly uncertain economy right now, and yet we have managed to persevere because of the great decisions that this government has made and the leadership that this government provides. Yet, in this uncertain economy we are constantly hearing about telephone scams, about Internet scams, about identity theft, which is an emerging issue in society, about other money grabs. The beauty of this legislation and our efforts to make it more consistent with similar legislation across the country is that it protects people. It protects all of us from harassment by various agencies, such as collection agencies. It protects people from telephone scams and door-to-door scams. It protects people from false investment opportunities. Certainly, it protects people from identity theft, and also from issues related to their personal credit. I could go on and on and on.

SOME HON. MEMBERS: Oh, oh!

MR. KENT: Mr. Speaker, I certainly appreciate the encouragement I am receiving from some of my colleagues to continue to go on and on and on – and I will, because I believe this is actually a very important piece of legislation.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you.

Mr. Speaker, it has been a long day in the House, but nonetheless, I shall continue.

Mr. Speaker, how many times have you been home trying to enjoy your supper and you get a phone call to tell you that you have won a free vacation, you should enter a code on your phone and all of a sudden you are going to set sail for somewhere much warmer than where we are today? I receive e-mails all of the time suggesting that I have won a lottery in the United Kingdom, or offering me an opportunity to invest in a very confidential business deal in Nigeria or some other foreign country.

These kinds of things are going on all the time, and in this –

SOME HON. MEMBERS: Oh, oh!

MR. KENT: I am being heckled by my own colleagues, Mr. Speaker.

In this digital age, in this information age that we live in, Mr. Speaker, the need for strong legislation that promotes the protection of consumers is more important perhaps now than ever before in this digital age that we live in.

I saw some statistics recently related to a business that I am involved in, and it suggested that, generally, consumers in Newfoundland and Labrador are becoming much more comfortable with making purchases on-line and using the Internet for shopping and other forms of commerce. While people, I think, overall are getting more comfortable with the use of technology in their business dealings, there are still people who have a certain level of concern and apprehension about their security. So, the whole notion of consumer protection in this digital age is incredibly important.

Mr. Speaker, you only need to turn on the evening news or turn on the radio, or perhaps even call the Better Business Bureau to get some sense of the vast number of horror stories that are out there about consumers being taken advantage of. There are increases right here in Newfoundland and Labrador in those annoying telephone scams. In door-to-door scams, people in our own communities who are representing themselves falsely and trying to collect money in the name of charities and other good causes in this Province. There is an increase in those kinds of scams, and we hear about them from time to time in the media. We are also hearing around the world about increased frequency of identity theft, which is a real issue here in Newfoundland and Labrador as well. So, increasing the protection of our consumers is absolutely the right thing to do, and it is a necessary thing for governments to do.

Mr. Speaker, some of the people I worry about the most, in terms of consumer protection issues are society's most vulnerable. I have heard stories of senior citizens who have been taken advantage of. For instance, on the news recently I heard about an elderly lady in British Columbia, it was just a few weeks ago. She had received a call from someone who she actually thought was her grandson on the other end of the phone. He was apparently travelling abroad, and he actually needed money supposedly to bail him out of jail. This loving and caring grandmother, without hesitation, took $5,000 from her credit card, as a cash advance, and she sent it through some kind of MoneyGram to somewhere in Quebec. This was obviously a scam. Her grandson was not away in some foreign country, he was not the person on the phone, he was not in jail, and now this lady, quite innocent, finds herself struggling to pay back $5,000 on a credit card that she had not even used before. While this may sound a little bit outlandish or far-fetched to some of us, the reality is that these kinds of incidents are happening. That is why this government does have a responsibility to introduce strong consumer protection legislation, which it has done through this act.

This bill, Mr. Speaker, as previous speakers have indicated, is really to strengthen the act, to clean up some language in the act, and to ensure that the legislation that is here in Newfoundland and Labrador is consistent with other jurisdictions. I will speak about that a little further in a moment.

Mr. Speaker, it is important that we recognize the rights of individuals and that we protect all people, particularly society's most vulnerable, from criminals that take part in offences like some of the ones that I have referenced today. Mr. Speaker, people's lives have been ruined, literally ruined because they have trusted people and believed they were being given accurate information. So, there is a need for the protocols that are addressed through this act.

Mr. Speaker, I know I have a few minutes left, and I think I will now take the liberty of speaking specifically to this bill and some of the changes that are being proposed here - just for the benefit of those who may be more interested in the specific amendments that we are dealing with here today.

What this bill, Bill 13, addresses specifically, is a number of provisions of the Consumer Protection and Business Practices Act. We are specifically dealing with Part VII of that act that, as previous speakers have indicated, was recently proclaimed. The provisions that we are dealing with here relate directly to the cost of consumer credit disclosure. These amendments, as I have said, will result in greater alignment with provisions that are in other pieces of legislation in, not only other provinces, but also in the Bank Act that exists in this country.

What we are really talking about is harmonization. We are really talking about a government that listens, a government that is responsive, and a government that is actively working with industry. The changes that are being proposed here in this bill, Mr. Speaker, are the result of feedback that we have received from industry. We take that feedback quite seriously, and for the last two-and-a-half years that I have been part of this government, I have seen us consistently engage industry, engage business leaders, engage community leaders, engage labour leaders to ensure that we are making decisions that are absolutely in the best interests of the people of this Province. This particular bill today is strictly about harmonization. It is strictly about responding to that feedback we have received from industry and ensuring that our legislation aligns with other jurisdictions and that there is consistency.

I was very pleased to hear the hon. Member for Port de Grave refer to this specific bill as positive, from both a compliance and an enforcement perspective, and we certainly appreciate the supportive comments and the acknowledgement by the Opposition that what we are really doing here is taking even further steps to build on what I believe is a really good piece of legislation.

In the first section of this specific bill, Mr. Speaker, you will see that we are cleaning up definitions to a number of sections within the act. In paragraph forty-five, which is referenced a couple of times in this specific bill, we are cleaning up and further clarifying definitions related to assumed residual payment, which is really all about market value.

The first clause that we are dealing with here talks about option price as it relates to leases. Now, Mr. Speaker, many members of this House and many of our constituents have been involved in leasing a vehicle at one point in time. I have leased a number of vehicles, and the option price that we are talking about here actually refers to that price you can pay at the end of a lease to purchase the vehicle, if you wish to keep it. What we are doing here is actually clarifying the definition of assumed residual payment. So, as I said, in paragraph forty-five we are really dealing with changes in definitions.

In the next area of this bill, there is reference to cash value. The previous definition dealt with advertisements, which is now removed, and the definition of cash value is further clarified.

Moving along to another section of paragraph forty-five; again, it is really, simply a clarification, a matter of cleaning up the legislation and ensuring consistency. It refers to implicit finance charges, which relates to the cost of financing in a loan or in a lease or in a similar kind of transaction. It adds language related to non –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I again appeal to all members of the House; the Chair is having some difficulty in hearing the member recognized to speak.

MR. KENT: Thank you, Mr. Speaker.

I appreciate your attention, and I know that there are members of this House who are quite interested in the importance of consumer protection, and I appreciate the opportunity to continue to address this bill today.

Mr. Speaker, it is amazing some of the heckling that you hear when you are engaged in debate here in this House, and I appreciate the enthusiasm from, not only members of the Opposition, but from my hon. colleagues who are part of this great government.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you.

Mr. Speaker, in all seriousness, the kind of interest and the kind of diligence that members of this government have shown in even simple pieces of legislation such as this, to ensure that we are making the right decisions on behalf of the people of Newfoundland and Labrador, it is a team that I am proud to be part of, Mr. Speaker.

Back to subsection 45, for instance, there is a definition being added around optional service. This was not included before but it is a term that actually exists in the Consumer Protection and Business Practices Act, so therefore it is necessary to have an appropriate corresponding definition of course.

Mr. Speaker, as the hon. Member for St. John's East pointed out, in subsection 52, a section of the act is being repealed and a substitution is being made simply to address a very minor drafting error. Non-interest finance charges are a term that is defined in the current act, but in this section of the act non-interest charges were previously referenced. So we have added the word finance to ensure again that there is consistency in the various definitions that exist throughout the act.

Mr. Speaker, in the final sections of this bill what we are really talking about is establishing consistency with the federal bank act and also with legislation that addresses consumer protection that we find in other jurisdictions in pretty well all other provinces in Canada. In subparagraph 56 we are simply adding the language where the credit is a fixed credit, to clarify fixed credit versus open credit as the minister, in his opening remarks, did a really good job of addressing and explaining. I thank him for his comments and I am sure he will have some further comments as we conclude discussion on this bill.

Mr. Speaker, the final section 110, paragraph 110 of the act, is being substituted as well. Basically, it deals with when this act comes into effect. This legislation does not apply to agreements that pre-date the existence of this legislation; however, as this new section points out, if you have a loan for instance and subsequent to the passing of this legislation you refinance or you enter into new terms or you extend terms, then the provisions of this act certainly would apply.

Mr. Speaker, while it is a relatively routine piece of business in this House and a relatively straightforward piece of legislation, I cannot emphasize enough the importance of consumer protection and the critical and vital and necessary role that governments play in protecting the rights of all citizens.

To conclude, Mr. Speaker, we live in an economy and we live in a society and we live in a digital age where this is more important and more relevant in people's lives than ever before. I encourage all citizens all of this Province to be very cognizant of consumer protection issues, to get informed related to Internet scams, related to identity theft and related to some of these other things that we hear about in our society from time to time.

Again, I am proud to be part of a government that is so committed and so interested in protecting the rights of all citizens. Mr. Speaker, I think it is pretty clear to hon. members in this House that I will absolutely and wholeheartedly be supporting Bill 13. I certainly thank hon. members of the House for the opportunity –

SOME HON. MEMBERS: Oh, oh!

MR. KENT: Mr. Speaker, I think Hansard will show that in previous appearances in this House I have never been distracted or thrown off in any way by some of the heckling that goes on, but certainly I am listening intently to some of the comments that are coming from across the House today.

AN HON. MEMBER: Words of encouragement.

MR. KENT: I appreciate the encouragement.

I am confident that members of the House will support this legislation and I am very grateful for the opportunity to have participated in this debate today. I urge all members of this House to support Bill 13 and to continue to raise important issues that affect people's lives like consumer protection and some of the issues that I have had the opportunity to speak to today.

Thank you for the opportunity to participate in this debate.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: If the hon. the Minister of Government Services speaks now, he will close debate.

The hon. the Minister of Government Services.

MR. O'BRIEN: Mr. Speaker, I will tell you something, I get up in this House and I would love to extend by leave to the hon. Member for Mount Pearl North. He was up approximately twenty minutes and he certainly talked in great ease in regard to the amendments to the Consumer Protection and Business Practices Act that I have proposed here today. I also acknowledge that my colleague across the House endorsed and certainly said that it was a very, very important piece of legislation in that it protects the consumer.

I listened intently in regard to – and I might say to the hon. members and the Member for St. John's East as well, I welcome their comments and a great job done in regard to the piece of legislation. It only shows to the public and the people that are viewing this broadcast here today how the Members of the House of Assembly, be it on this side of the House or on the opposite side of the House, can engage in regard to the acts that lie within the Department of Government Services and also the acts that you find in regard to the other departments. So, they had to do their due diligence today in regard to researching this particular piece of legislation and in regard to researching the amendments that are before this House today. I commend each and every one of them and I welcome their remarks, an absolutely wonderful job done by each and every one of them. I suppose, at times, I am not suppose to compliment my hon. colleagues across the House in the Opposition but certainly a great job done too, even though he only took - I cannot remember exactly what time, I would have welcomed him to go on for another twenty minutes, but in the meantime he made his relative points and made an absolute lot of sense in regard to his remarks.

Mr. Speaker, as well, in regard to the hon. Member for Mount Pearl North, he said that not very often does he get distracted in the House due to the heckling and whatnot that happens in this House. I would recognize that sometimes there is a little bit of heckling in this House, but at this particular time it was actually heckling in the form of encouragement and also in admiration of his words and how he went the distance in the twenty minutes in regard to this piece of legislation.

It is reflected that the hon. Member for St. John's East, as well, went the distance in regard to this particular act, and it is certainly getting the message out to the people of Newfoundland and Labrador how important this act, even though like I said before might appear to some to be boring in regard to the act that we do and the things that we do in this House, that it would be a boring piece of legislation. It is not going to bring the House down when we talk about this particular act in the House, you will not get any clapping and banging on our desks or anything like that, but it is equally important to the people of Newfoundland and Labrador. Now you would get a certain amount of banging on the desk and everything else if I were to, as the Minister of Government Services, get up here today and make some type of a mistake or pronounce a word wrong or whatever it may be. I am sure they would be on my case very, very quickly because they are very, very attentive in the House in regard to each and every piece of legislation, each and every piece of work that we do in the House of Assembly.

Mr. Speaker, you would notice too, and you know more so than anybody, that at this particular time there is only myself and a couple of members behind me that are actually on camera and shown to the people of Newfoundland and Labrador, but when I look around this House and see just about every seat full in this House and somebody sitting in it and listening intently to every word that I am saying in regard to the Consumer Protection and Business Practices Act, it is an admirable place to be. It is always admirable to be in this House and do the great work that we set out to do in regard to Newfoundland and Labrador. This act is one of the most important ones that we have because it is a consumer protection act. It protects the consumer in regard to business transactions, as I referred in the front end when I was speaking in the House, and how important that is.

As the hon. members across the House - maybe the Member for St. John's East or probably it was the Member for Mount Pearl North - mentioned there are all kinds of things happening in the business world today in regard to fraudulent activity. You see things in regard to the Internet; you see the stealing of identification documentation and you see people not doing exactly what they should be doing in the business world. It is all in regard to money and profit.

Coming from my past business life and being a business person for the last thirty years, I have no problem with anybody in Newfoundland and Labrador in the business world making a profit because that is what it is all about. It is all about profit and it is all about putting people to work in Newfoundland and Labrador, but as well, we have to protect the public. We have to think about things in regard to our legislation in the House of Assembly and legislation that would be enacted in this Province to protect our people and the consumers of Newfoundland and Labrador. That is a piece of this one in regard to the amendments that we saw that was needed in regard to this particular piece of legislation.

In the consultation process, when we went out to particular stakeholders in the industry in the finance world and the leasing associations and the Newfoundland and Labrador Credit Union, we found very quickly after even a proclamation of December 1, 2009 that we needed some changes to this piece of legislation; and there, in case, I am now in the House of Assembly. In short order, in the last four or five months, we reviewed those particular items. We viewed the other legislation across Canada in the other jurisdictions and in the territories, and we believe that these amendments were warranted.

As I referenced earlier on in my closing remarks, I also acknowledge that the hon. member in the Opposition said that these amendments were warranted and actually needed to happen to make sure that business is transacted in a fluent, streamlined kind of a way and also will protect the public in the process as well, because people when you lease - taking that as an example in regard to disclosure documents. When a person would lease a vehicle and whatnot in Newfoundland and Labrador, or a piece of equipment, whatever it may be, that piece of documentation is very detailed, very long, and very complex. So we have to make sure through legislation, that if that leasing agreement is violated in any given way that we have a way to protect the public from that activity. That is what this piece of legislation is all about, Mr. Speaker, is protecting the public.

We hear in regard to all of the other things that is happening out there – and really in the last couple of years, especially with the downturn of the economy, we have seen more and more businesses across the world, not particularly in Canada, but across the world in particular that have entered into some fraudulent activity or some activity that really is not in the best interest of the consumer. So when we look at legislation, which I also talked about previously as well, is that it is a continuous process in the Department of Government Services to review our legislation. We review it on a continuous basis, regardless if we were to pass it today, we start reviewing it nearly tomorrow, just about that. It is not nearly as bad as that but we really do, especially if one of the stakeholders or one of the people that this particular piece of legislation would affect comes forward with a reasonable request or a reasonable suggestion in regard to how we can make this piece of legislation stronger and make it more applicable to the consumer, and also for the protection of that consumer in Newfoundland and Labrador.

As I look across this House and I see the hon. member, the Minister of Finance, looking on intently and hanging on every word that I am saying, I know that he, as the Minister of Finance, understands exactly what I am trying to do here today in regard to this Consumer Protection And Business Practices Act. Because he, in turn, he holds the finances of this Province dearly to his heart. He does not give them up easily. He wants to spend every cent in the right way. He wants to have fiscal management, but he also wants to enable each and every department to deliver the services that the people of Newfoundland and Labrador require and deserve. There is no doubt about that, I say to the hon. member. Deserve, that is the word, deserve, and that is what we try to do. In turn, there is only so much money in the pot so we have to be very, very careful in regard to how we spend our money. We certainly have to get the best bang for our dollar each and every time that we spend a dollar in Newfoundland and Labrador.

The other thing is that when we viewed our legislation as well, there were inconsistencies in regard to the forms across Canada – in Newfoundland as compared to the rest of Canada. So that presented a problem with regard to the leasing and financing people who do business. They are not located in this Province; they are located in the business world of Toronto and the bigger cities. Mainly Toronto actually, and they harmonize their forms for all of Canada but our legislation did not fit their form so we had to go back and amend the legislation to make sure that each and every one of the forms were consistent right across Canada. That way, they can actually provide a service that they are trying to provide to the people of Newfoundland and Labrador.

We did that as well, Mr. Speaker, and we do not see how any of the changes that we have here in front of us today would impact the consumers in a negative way. We see it as an actual protection piece of legislation in that it will enable the consumer to feel safe when they go in to sign off a leasing agreement. All the items in regard to the document itself had to be disclosed. I also mention in regard to one of these sections, that I will amend and repeal - actually, only the things that are applicable to the lease will be disclosed. So you will not have a bunch of things in that disclosure document that would be on that particular disclosure document and confuse the consumer. Then we would have to, and I would want as the minister responsible, have that document clear.

Mr. Speaker, this piece of legislation is certainly an important piece of legislation. It is one of the most important pieces of legislation that I have in the Department of Government Services, being 150-odd pieces of legislation in my department. I do not take either one of them - as a matter of fact, I would say that each one of them is probably as important as the other, but I consider this one as being one of the most important ones that I do have.

I welcome the comments of my hon. members across the House. I commend them again in regard to their knowledge on this piece of legislation. That shows me, as the minister, that they did their homework, they researched the legislation. They are doing the work they were elected to do from their constituents. They felt it important to research this legislation to make sure that I, as the minister, was covering off each and every thing that I should be covering off in regard to their constituents. So, I commend them on that and it shows the public how knowledgeable this caucus is in regard to when it comes to legislation because this is not just any piece of legislation, it is very detailed and very complex and they did a great job.

With that, Mr. Speaker, I will take my seat and I welcome any further comments by the hon. members across the House or any of my colleagues in the House with regard to this piece of legislation once it goes to Committee stage.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (Fitzgerald): Is it the pleasure of the House that Bill 13, An Act To Amend The Consumer Protection And Business Practices Act, be now read a second time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

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

The motion is carried.

CLERK: A bill, An Act To Amend The Consumer Protection And Business Practices Act. (Bill 13)

MR. SPEAKER: Bill 13 has now been read a second time.

When shall Bill 13 be referred to a Committee of the Whole House?

MS BURKE: Tomorrow, Mr. Speaker.

MR. SPEAKER: Tomorrow.

On motion, a bill, "An Act To Amend The Consumer Protection And Business Practices Act," read a second time, ordered referred to a Committee of the Whole House on tomorrow. (Bill 13)

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

MS BURKE: Thank you, Mr. Speaker.

Mr. Speaker, I move, seconded by the hon. Minister of Aboriginal Affairs that the House do now adjourn.

MR. SPEAKER: The motion is properly moved and seconded that this House do now adjourn.

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

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

This House now stands adjourned until 2:00 o'clock tomorrow, being Private Members' Day.

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