EPILEPSY SUDBURY-MANITOULIN ASSOCIATION
ONTARIO STUDENTS AGAINST IMPAIRED DRIVING
BROOKLIN VILLAGE VOICE AND COUNTRY RAMBLER
ENERGY CONSERVATION / ÉCONOMIE D'ÉNERGIE
PRIVATE MEMBERS' PUBLIC BUSINESS
EMPLOYMENT EQUITY ACT, 1993 / LOI DE 1993 SUR L'ÉQUITÉ EN MATIÈRE D'EMPLOI
The House met at 1332.
Prayers.
MEMBERS' STATEMENTS
TOURISM MINISTRY
Mr Hugh O'Neil (Quinte): A short while back, the Minister of Culture, Tourism and Recreation announced that she had set up a committee to develop a tourism sector strategy for the province of Ontario. Although we as an opposition are very pleased to see that this has finally happened, may I remind her and the government that this was suggested over 18 months ago, that something was going to happen, and it never did.
I should also remind the government that the tourism industry, people from Tourism Ontario, met at that time with the Premier, in January of this year, and suggested many changes and things that they thought should be done to help the tourism industry, but as we are very well aware, none of these things happened, and in fact many of the things that happened in the budget were very detrimental to the tourism industry in the province of Ontario.
These people who will be forming part of this tourism sector are very high-profile people within the province and within the tourism industry and will be making, as I understand, some very excellent recommendations to this government on the things that should be done to help the tourism industry.
But I might also remind the minister that these people from the tourism industry are not going to be used. They will be coming forward with some very important recommendations that the government should act on right away. If the minister and the government do not act on them, the tourism industry will be even more badly affected than it already is. I would suggest that they look at these suggestions very carefully.
ENVIRONMENTAL REGULATIONS
Mr Leo Jordan (Lanark-Renfrew): The NDP government has decided to ban the use of chlorine or AOX in pulp and paper mills by the year 2002. This decision is an irrational response to pressure from environmental groups that is not based on scientific evidence or fact. There is a high degree of evidence that contradicts the studies used by this government, as did evidence by Environment Canada. As stated by the Financial Post, "The precedent for imposing regulations in the face of contrary scientific opinion is an ominous one."
In order to illustrate this ominous effect, I ask the ministers of Environment and Energy and of Natural Resources to consider the James River pulp and paper mill in Marathon. Over the past several years, they have spent $20 million to create one of the first elemental chlorine-free mills on the continent. Under this government's proposed regulation, they will need $130 million in no-return capital to comply with these restrictions. As stated by the chief executive officer of this Virginia-based company, this program will dash any hope for the mill's future.
Here is an example of 350 pulp and paper jobs that will be lost due to irresponsible regulatory policies. In fact, over 6,000 jobs will die from Dryden to Espanola as a result of this pernicious act.
LEONARD CONOLLY
Mr Derek Fletcher (Guelph): As of January 1, 1994, Trent University in Peterborough will have Mr Leonard Conolly as its president. Len is presently the acting vice-president, academic, at the University of Guelph. Before this, he was the associate vice-president, academic.
Len is originally from Walsall, England. He received his BA from the University of Wales and his MA from McMaster University in Ontario. He received his PhD from the University of Wales in England.
He and his family -- his wife, Barbara, and two children, James and Rebecca -- reside in Guelph. Len is not only a progressive, moving force at the University of Guelph, he's very active in our community.
Len moved to Guelph in 1981 and was a member of the board for the Guelph Spring Festival. This year he was the president of the Guelph Spring Festival board, and an exciting year it was. Mr Conolly is also a member of the organizing committee of the Guelph civic centre. I know Len hasn't moved to Peterborough yet.
I would tell the member for Peterborough, if she was sitting here, that Trent University is not only getting a top-notch individual as president, but Peterborough also is receiving a very fine citizen who will not only contribute much to the university, but also to the community of Peterborough. Guelph's loss is Peterborough's gain.
Let me wish all the best and my sincere congratulations to Len Conolly and his family and also best wishes for the future.
NORTHERN HEALTH SERVICES
Mr David Ramsay (Timiskaming): I'd like to bring to the attention of the Legislature today the growing crisis in health care in Ontario. This is happening all over the province but it's very apparent in northern Ontario.
I, with my northern colleagues Frank Miclash from Kenora and Mike Brown from Algoma-Manitoulin, travelled northeastern Ontario last week. It was very apparent that in towns and city after city there's a growing crisis in health care in the north, besides the whole province.
In Sudbury, for instance, there's a severe shortage of orthopaedic surgeons. Of course, this surgery now has to be done in other centres and it means the transportation of our patients and it's very costly to the health care system.
I don't have to look very far from home. Right in the riding of Timiskaming, the great town of Kirkland Lake on the north end of Timiskaming is now short of anaesthetists. This means that elective surgery has to be postponed. In fact, by September only 40% of elective surgery will be able to go ahead if nothing is done, so the town is looking for some sort of emergency funding in order to fund anaesthetists to carry on elective surgery in Kirkland Lake.
The town of Englehart, just down from Kirkland Lake on Highway 11, is in a severe, critical situation where by August now we will only have one doctor. If anything should happen there, of course, that means that hospital would not be able to operate.
It's time that the government brought some clear policies so that our new doctors, who primarily are candidates for underserviced areas, understand what the rules are. Is it 25%, 75% or 100% for our doctors? We'd like to know.
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HEALTH CARE
Mr Ted Arnott (Wellington): This Friday and Saturday, doctors in Wellington county, out of total frustration with this government's mismanagement of health care services, will be hosting Operation Barefoot.
Doctors in Wellington will be walking in one-mile intervals in bare feet all the way from Arthur to Guelph to protest this government's health care policies. The walk is a unique and innovative method of drawing the government's attention to the importance of maintaining the availability and delivery of health care services in rural Ontario, a protest which does not affect patient care.
Wellington county is served by three hospitals: Groves Memorial Community Hospital in Fergus, Louise Marshall Hospital in Mount Forest, and Palmerston and District Hospital. Each one of these hospitals provides vital health care services to the communities it serves.
Health care is one of the most important issues in Wellington. People in Wellington county depend on Groves Memorial, Louise Marshall and Palmerston hospitals for chronic care beds, obstetrical services and emergency care. In rural areas, where people often have to travel great distances for goods and services, basic health care services such as these are very important.
The government, through bureaucratic means, is rationing health care in this province. Many services are currently under review. In rural areas like Wellington, further erosion of health care will have devastating consequences. It is time that this government heeds the message which Wellington doctors will be sending via their symbolic walk.
EPILEPSY SUDBURY-MANITOULIN ASSOCIATION
Ms Sharon Murdock (Sudbury): As you know, there are many associations in all our ridings that do good work in usually volunteer capacities. All of them, of course, are fund-raising, and I want to talk about one that's an especially hard worker in my riding, the Epilepsy Sudbury-Manitoulin Association which, under the expert guidance of Lorraine Lavigueur this Sunday, July 18, from 11 o'clock in the morning till 4 o'clock in the afternoon, is having a family day out at the Anderson farm in Lively.
It's a day for not only the family, but also all funds and proceeds are going to be going to the epilepsy association for Sudbury and Manitoulin. Lionel Duquanne, Jim Fortin and Lise Martel all have put in numerous hours of work trying to make sure that this is going to be a success.
I would like to invite everyone to attend, and if you're on holidays up in north country, you will enjoy not only the blueberry festival but you can enjoy blueberry muffins at the epilepsy picnic. There will be the all-day children's movies, line dancing, which I'm sure all of us could get into, a dunk booth, live music -- I've been invited to sing; that alone should be worth coming up -- pony rides and much more.
I hope that everyone will attend. Anderson farm is in the Treasurer's riding and I'm sure I expect to see him there too.
EMANCIPATION CELEBRATIONS
Mr James J. Bradley (St Catharines): This past weekend marked the 200th anniversary of the first anti-slavery legislation in Canada. On July 9, 1793, it became illegal to bring slaves into Upper Canada. This was the first step towards the complete abolition of slavery.
This anti-slavery legislation was largely the result of one man's moral outrage at the existence of slavery, John Graves Simcoe, Upper Canada's first Lieutenant Governor, and led to the establishment of the famous Underground Railroad, which became the road to freedom for thousands of slaves fleeing bondage in the United States.
This anti-slavery law was the first anywhere in the English-speaking world. It was passed nearly 40 years before the British Emancipation Act, which abolished slavery throughout the British Empire, and 60 years before similar legislation in the United States.
On Saturday, I joined in one of the many events commemorating this proud achievement at the British Methodist Episcopal Church in St Catharines, where a plaque commemorating Harriet Ross Tubman was unveiled.
Lord Simcoe's anti-slavery law set the tone for the proud Canadian tradition of belief in equality and freedom, and of respect and tolerance for the richness and diversity that has become the hallmark of our society and for which we are respected worldwide.
Yet while Lord Simcoe's law marked the beginning of the end of a sad chapter in our history, it did not put an end to all racism and discrimination.
So, as we celebrate the passage of this landmark legislation, we are reminded that we must all continue our efforts to ensure that all Ontarians and indeed all Canadians from all walks of life can live lives of dignity free from discrimination and free from hate.
ONTARIO STUDENTS AGAINST IMPAIRED DRIVING
Mrs Elizabeth Witmer (Waterloo North): The elimination of drinking and driving is one of the most important challenges facing our society, since each year many people die in tragic automobile accidents caused by impaired drivers.
I would like to congratulate the young people, teachers, health professionals and police who are part of the Ontario Students Against Impaired Driving organization. Over 75% of the high schools in this province are members of this organization, which provides programming and promotional campaigns through which young people are sending their peers and their community the message: Drive sober.
This organization is urging the provincial government to take immediate action on the following measures which will contribute significantly to the reduction of impaired driving: mandatory server intervention training for all personnel who serve alcoholic beverages; mandatory licence suspension for 90 days based on the model presently used in Manitoba; comprehensive assessment and treatment programs for all repeat offenders; ignition interlock systems based on the model presently used in Manitoba; and expansion of the RIDE program, as it believes this is the strongest deterrent to the impaired driver.
I join Ontario Students Against Impaired Driving in calling on the government to implement these measures as quickly as possible.
BROOKLIN VILLAGE VOICE AND COUNTRY RAMBLER
Mr Gordon Mills (Durham East): There's hardly a day goes by in this House that we don't hear in one way or another from members of the opposition that the province has gone to the dogs.
If you listened to the leader of the third party -- who isn't here today -- for more than a few minutes, you would surely believe that business has fled the province and there isn't anyone left with a desire to start a business in Ontario.
How wrong he is. Today I want to salute a brand-new enterprise in my riding of Durham East. The new business is a newspaper located in Brooklin, and the weekly is rightly named the Brooklin Village Voice and Country Rambler.
This weekly newspaper serves over 10,000 readers with its mix of local news, sports, community events and comments.
I am pleased to welcome the Brooklin Village Voice and Country Rambler to my riding of Durham East, and I wish every success to the publisher, Mr Barry Conway, and to his staff. Long may you serve the community of Brooklin and long may you serve the riding of Durham East.
STATEMENTS BY THE MINISTRY AND RESPONSES
ENERGY CONSERVATION / ÉCONOMIE D'ÉNERGIE
Hon Evelyn Gigantes (Minister of Housing): I'm pleased to be able to report to the House on the first stage of a pilot project to conserve energy in non-profit and public housing and to announce the beginning of the second phase of the project.
L'an dernier, boulot Ontario Construction a engagé plus de 28 millions de dollars dans un projet pilote destiné à économiser l'énergie, à créer des emplois et à mettre à l'épreuve une nouvelle technologie.
Le projet est un effort conjoint du ministère du Logement et du ministère de l'Environnement et de l'Énergie. Jusqu'à maintenant, plus de 12 000 logements sociaux ont profité du programme et plus de 260 emplois ont été créés.
And we've learned a lot in the process.
When we started the program last November, our main target was to convert as many social housing units as possible from electric heating to heating with natural gas or other fuels.
On that basis, we'd calculated that we could convert about 7,000 units of non-profit and public housing, but we found that by broadening our energy conservation strategy to include measures such as more efficient shower heads and better building insulation, we could substantially increase both the number of units covered and the scope of the technology involved.
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Instead of the 7,000 units we had initially contemplated, we'll now be able to improve energy efficiency in about 23,000 social housing units, and we expect to create more than 1,100 jobs before the demonstration project is completed.
As we're creating these jobs, we're also developing and testing new technology. We're breaking new ground in the fuel substitution field and we're working closely with the private sector so that the lessons we learn today can be used more widely in the future.
In the first phase of the project, we concentrated on fuel substitution in low-rise buildings, where there's some experience with the technology we'd be using. For the second phase we'll be doing more work in high-rise buildings, where the technology is least known. In fact, when we were developing the program, we found that internationally there was very little information on retrofitting in high-rise buildings. Ontario is really going to be breaking new ground here.
We're also working with a range of alternative energy sources such as passive solar heating.
The buildings that have already benefited from this program haven't been through one of our Canadian winters yet, so we don't know how much money we'll end up saving. But we do know that in an average row house, converting from electric to gas heating can mean savings of up to $600 per year; that's $50 a month.
Building partnerships with the private sector was also a goal in this initiative. Final tallies aren't yet in but, on a cautious estimate, about 8% of the costs are being contributed by private sector partners. We're now working with energy supply companies and gas utilities to promote new funding partnerships.
Last week I had the pleasure of visiting four communities to announce the beginning of the second phase of this program. Another 3,300 social housing units will participate in the program and another 300 jobs will be created. I'll be announcing the rest of the second phase in August.
I'm excited about the potential of this program and I'm proud of the progress we have made so far. It's a program that means cost savings for the taxpayer, the development of a made-in-Ontario technology with great export and job creation potential, and a significant contribution to our conservation and environmental goals.
Ms Dianne Poole (Eglinton): I would like to respond to the announcement by the Minister of Housing today. On the surface, of course this announcement looks very good. Is there anybody in this Legislature who is not going to support having energy conservation and using energy sources wisely? It makes economic sense, it makes conservation sense, it makes social sense, it makes environmental sense, so we certainly do support that. We also support the fact, as we did when the minister made this original announcement for the first phase in November of last year, that it does create jobs.
But I'd like to look at a few things in this announcement that are, as our old friend Sam Cureatz used to say, passing strange.
The first thing is that the minister says, "Instead of the 7,000 units we initially contemplated, we'll now be able to improve energy efficiency in about 23,000 social housing units." I think we all have to admit that's a little strange: that the government originally estimated that with the same amount of money, it could have conversion in 7,000 units and that now it's been tripled with the same amount of money.
Doesn't this lead you to believe a number of things? The first is that the planning that went into the original announcement was not very thorough. They didn't know what they were going to save. They didn't know what they were going to spend. They did not know how much labour they were going to use. They had no reliable estimates of what this program was going to cost, so they threw it out.
Now they find, after they've been in the first phase of the pilot project for eight months: "Oh no, we made a mistake. It wasn't 7,000 units we could have energy conservation in; it's actually 23,000. That's right."
One of the other strange things is that the minister says, "And we expect to create more than 1,100 jobs before the demonstration project is completed." I go back to the press release and the announcement of November 16, 1992. How many jobs were they going to create? The same number: 1,100.
So we've tripled the amount of work that's going to be done, but it's going to create the same number of jobs.
Mr Gerry Phillips (Scarborough-Agincourt): That is passing strange.
Ms Poole: As Sam used to say, it's passing strange.
If we go on further in the minister's announcement, she makes a couple of statements. "We're breaking new ground in the fuel substitution field and we're working closely with the private sector so the lessons we learn today can be used more widely in the future."
Then she goes on to say:
"For the second phase, we'll be doing more work in high-rise buildings, where the technology is least known. In fact, when we were developing the program we found that internationally there was very little information on retrofitting in high-rise buildings. Ontario is really going to be breaking new ground here."
That's a bunch of garbage. There is all sorts of information available here in Ontario. If the minister had gone to the Ontario Home Builders' Association, if she'd gone to the Metropolitan Toronto Apartment Builders Association, if she'd gone to the Fair Rental Policy Organization of Ontario, if she had gone to co-op buildings, there are any number of sources where they have expert information available on what it costs to retrofit high-rises and on energy retrofitting.
But what really galls me about this is that this minister has the nerve to say she's forging a partnership with the private sector. I sat through those Bill 4 hearings and I sat through those Bill 121 hearings, and there was no partnership forged with the private sector. In her own legislation, Bill 121, which I voted against on third reading, this minister had the nerve to put in disincentives to the private sector for energy conservation. Not only did they not provide incentives, they actually provided disincentives.
Hon Ms Gigantes: That is not the case.
Ms Poole: That is absolutely the case, Madam Minister. It was brought to this minister's attention at the time and she ignored it. She said, "No, no, the apartment building owners will go ahead and they will do this work in energy conservation and energy retrofitting." Even though the tenants are able to apply for a rebate for the entire amount back, they will do it in spite of what this minister said. The fact is, Minister, they didn't do it and they won't do it.
I raised the issue of the Caterpillar and the joint Japanese venture last fall. They were going to go ahead with energy retrofitting of our apartment buildings and they were going to use capital losses through the Income Tax Act because the feds changed the rules. This minister put the kibosh on that with her legislation in Bill 121. That's what they told us. We lost those jobs. So don't think you can placate us with these announcements and these reannouncements, Minister.
Mrs Margaret Marland (Mississauga South): In rising to respond to this statement by the Minister of Housing, of anything we've heard in the last two weeks this really confirms the fact that these sittings are an absolute waste of time. This government is so hard up for something to say and something to announce that it's reached all the way back not only to November of last year when this same minister made this announcement, but in fact to the spring when Mr Cooke made the same announcement. It's kind of interesting. We're now getting an announcement made three times by two different people. It's unfortunate that the government can't be a little more imaginative and come up with some programs that it not only announces but intends to do something about.
In this particular case, when I look back at the Hansard from last year and see the numbers the minister announced, it becomes even more intriguing when we look at the announcement today, because instead of 7,000, as has already been said, she's now saying 23,000. It's really announced under this wonderful global pot called Jobs Ontario. If some of us had nothing else to do, we could really enjoy checking back through Hansard about how many times Jobs Ontario Capital has been announced and reannounced and yet not executed. That really concerns us.
One of the things that really concerns me this afternoon about this particular announcement is that if hydro is too expensive for residential use, what does that say for business and industry in this province? Frankly, I think it's an irony that this same minister would not accept my PC amendments to Bill 121 that would permit private landlords in this province the same option of retrofitting and then recovering their legitimate costs of retrofitting their buildings.
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But no, as always, there's a double standard here. It doesn't matter whether you're talking about child care or care of the elderly, whatever it is that this government is involved in, it thinks it's fine to look after the public sector and ignore the private sector. I wonder where they think the taxes come from for them to have money to spend at all in the first place. They all come from the private sector. The public sector does not put any money in the treasury in this province, and the fact that we do have one set of rules for the public and one for the private really is unacceptable to us.
The best part of this announcement today of course is that, "We're also working with a range of alternative energy sources such as passive solar heating." I simply have to say to this minister, why? It's so incredible that she would be considering passive solar heating when that has been investigated to death and we know how it's just simply not an alternative at this time in terms of the kind of storage batteries that are available for solar generation.
Mr Chris Stockwell (Etobicoke West): It is too bad the Minister of Energy isn't here. Timing's everything.
Yesterday Ontario Hydro announces it has got a $1.6-billion deficit. We come into the House today and we hear an announcement by this government about the conversion off of Ontario Hydro, thereby increasing the deficit that Ontario Hydro will face.
This particular government is saving nothing. They're saving nothing. The fact is this: Every buck they save by not using Ontario Hydro with the deficit simply gets passed back to the taxpayer, because they're going to run a deficit on Ontario Hydro this year after they told us they were running a surplus. I mean, it's clearly a case of the left hand not knowing what the other left hand is doing. We have a government that will announce today, or yesterday, that their pure surplus they called for last year is now gone. Energy demand is now down. The energy operation, Ontario Hydro, is reeling. We're talking in the neighbourhood of $1.6 billion in losses.
If this conversion takes place, you do away with your customer base, your customers who were paying their bills to keep Ontario Hydro afloat. Now they're driving them out of business, they're working against themselves and then claiming this is a panacea because we're actually going to save the taxpayers money. You're saving them nothing. You're reducing that intake at this level, driving up the deficit of Ontario Hydro, and you underwrite it.
The decision-making over there, it's pretty obvious, is very, very poor.
ORAL QUESTIONS
HEALTH CARE
Mrs Lyn McLeod (Leader of the Opposition): My first question is for the Minister of Health. Minister, the members of our caucus, and I am sure the members of your caucus, are hearing more and more concerns about access to medical services in this province, and people are concerned that it is going to get even worse.
We're hearing about specialists who are leaving the province, in fact leaving the country. We're hearing about communities that can't secure the services of family physicians. In Leamington, they need to replace a doctor. They can't find a family physician who will come. In Englehart, they need family doctors. They can't find any who will come to their town. In Kirkland Lake, they need an anaesthetist. They apparently have two physicians who are prepared to provide services, but the Ministry of Health will not approve their proposal under the underserviced plan. In Chelsea, they need a family doctor. They found a graduating physician who will come, but the Ministry of Health will not issue this young doctor a billing number.
Every member of this House is hearing similar kinds of problems, and I believe, Minister, that you and your colleagues yourselves have raised these issues over the years and that even since becoming Minister of Health you've identified the gaps in service and the fact that some towns and communities are not yet adequately served as being a serious problem.
Minister, I ask you today, why do you think that these communities are having difficulty in finding physicians who can provide the needed medical services, and can you tell us in what way Bill 50, which is the centrepiece of your new health policy and your plan, is going to solve this particular problem?
Hon Ruth Grier (Minister of Health): Let me say that I appreciate the question, and I know that the Leader of the Opposition and members of her caucus have wrestled with this issue too -- it is a long-standing one -- of how do we ensure that we have the appropriate health professionals in the places where they're needed and how do we begin to manage the health resources of the province in a way that ensures that needs are met and that the particular needs of particular communities are addressed?
Let me say to the Leader of the Opposition that I don't see Bill 50 as being the only way of doing that. It is an element of the work of this government in trying to address cost and trying to get some tools to better manage the system. But what I hope we can manage and what I am firmly committed to developing, in conjunction with the profession, with the academic health science centres and with the district health councils, is a better way of identifying the needs of the kinds of communities the member has noted and a long-term solution by better planning and better management of our health resources.
Mrs McLeod: I'll tell you today there is no sense out there that this is what you're involved in. This is an entirely different problem than this province has ever faced before. There is a tremendous sense that we have a growing crisis in our health care system in this province, and I would say to you, Minister, that it is no longer just the underserviced areas that are a concern and this is no longer just a distribution problem.
Access to doctors, to health care is becoming a concern right across this province in every community. I would say to you again today that Bill 50 is not part of the solution, Bill 50 is very much part of the problem. Your unilateral attempts to run this health care system are already driving physicians out of this province, and I would say too that the problem began with your ad hoc and your unilateral proposals to cut funding for the services that are provided by new physicians to 75%.
It is now July. Medical students have finished their training. These young physicians want to stay in the province. They want to meet the needs in Leamington, Englehart, Chelsea and Kirkland Lake, and they still don't know what the status of your proposal is.
Will you confirm today whether new doctors are indeed going to have their fees reduced and to what level, will you tell us whether or not you are going to be denying billing numbers to new physicians and will you tell us how these policies are going to help the people of Leamington, Chelsea, Kirkland Lake and Englehart recruit the physicians they need?
Hon Mrs Grier: The Leader of the Opposition knows full well that discussions, negotiations are ongoing at a number of tables with not only the OMA but other health care providers and that we are discussing still the potential for the OMA being part of the social contract. We are discussing with the OMA under their framework agreement fee schedules and with the joint management committee how we can better manage resources. At some point some discussions are going on; at some point other discussions are going on.
Let me caution the Leader of the Opposition that in the climate of difficult negotiations and in a climate of attempts by the government to better manage resources -- and let me remind her that over a period of 15 years the population of this province grew by 19% and the number of physicians in the province grew by 47%, so it is the distribution that is the underlying problem that needs to be addressed and the problem that has to be addressed by some fundamental changes in the way we manage those resources for the long term, and that the short-term difficulties, debates and negotiations colour our attempts to find solutions to that, as always happens when negotiations are ongoing.
But I would again caution the Leader of the Opposition that what has to happen is a long-term solution. That doesn't mean we can ignore the short-term issues, but those short-term issues are no different today than they were last summer or the summer before.
Mrs McLeod: I would say to the minister that those words do not reflect in any way what is actually happening to health care in this province right now. The health care system of this province is in a state of crisis because of the policies of this minister, and the minister will not answer even the most basic questions about how her policies are going to be put in place and what the impacts of her policies are going to be.
The minister has talked about the importance of long-range planning, the importance of working in partnership with health care providers. In fact there are not meaningful negotiations or meaningful discussions taking place.
The Ontario Hospital Association today has said that the social contract negotiations are at an impasse, and we know that hospitals are left with no sense of how they're going to be able to provide the services that are needed. We know that Bill 29 is proposing to implement unilateral cuts to drug benefits and implementing user fees for seniors' drugs. We know that Bill 50 and your fee regime for new physicians are driving physicians out of this province, and you will not even explain what kind of health care system we are likely to have left after all of these initiatives are put in place.
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When will this minister realize that there is no one to blame but herself and her government for the confusion and the confrontation which are threatening our health care system? I use those words advisedly. When will this Minister of Health stop trying to dictate personally how health care service is going to be provided in this province and in fact sit down and work in partnership with the people in the health care field to make sure that needed health care services are provided in every community across the province of Ontario?
Hon Mrs Grier: Let me express to the Leader of the Opposition my distress at her overriding exaggeration of problems in the health care system. We have one of the finest health care systems in the world and certainly in this country. We have a health care system that has for at least the last decade been very much in need of reform. That need for reform was identified to her government, whether it be mental health reform, long-term care reform, hospital reform or -- dare I say it? -- reform of the way in which physicians are distributed, paid, and part of the system. The health care system is far broader than the issues that relate directly to physicians.
In her questions today, the member has been focusing on physicians but talking more broadly. I acknowledge that we are having difficult discussions with the Ontario Medical Association as we attempt to find ways to constrain our costs and to manage our health human resources in a better way. But let me not for a moment allow the Leader of the Opposition to confuse that particular problem with the most enormous strides that have been made by hospitals in providing a better quality of care, reducing the level of increase or even reducing their operating costs; at the work that district health councils are doing; at the work in long-term care reform and our mental health reform policy. We are in fact for the first time managing and reforming the system in a way that meets the needs of the people of this province.
FOREST INDUSTRY
Mrs Lyn McLeod (Leader of the Opposition): My second question is to the Minister of Finance, who has also suggested that we are exaggerating the concerns that we hear out in the communities of this province.
As you're aware, we've earlier raised our concerns about the effect that increased stumpage fees would have on independent logging companies, on small sawmills and ultimately on the whole forest industry. We've said that the increased stumpage fees that you brought in in your budget would lead to companies closing down right across northern Ontario.
I was told by you, in response to one of my questions, Minister, that nothing could be further from the truth. In fact I met on Friday with a group of these small independent business people, and some have already shut down. The rest cannot survive more than a couple of weeks. My colleagues are hearing exactly the same thing in their communities from Kapuskasing to Hearst.
I ask the Finance minister: How many independent logging companies have already ceased operations? How many people have been laid off? How many more of these businesses are going to close? How many more people are going to be out of work because of this revenue grab?
Hon Floyd Laughren (Minister of Finance): It takes a lot of nerve for a Liberal to accuse anybody of a tax grab. However, the ridiculous preamble aside, there is contained within the question a serious problem. That has to do with the increase in stumpage fees in the province. When the stumpage fee was increased, I acknowledge that prices of lumber were higher than they are now. Since that time, prices have declined.
The Minister of Natural Resources, which would not surprise the member opposite, I'm sure, has had several conversations with me concerning the stumpage fees. He is, almost as we speak -- well, not today -- talking with the industry about the problem and if there is some way to alleviate it.
Mrs McLeod: It would be very encouraging to hear that the Finance minister was prepared to reverse it since it was his budget, or that the Minister of Natural Resources is giving a different response to these people than the response which he has given publicly to date, which is basically to tell them that they're going to have to solve the problem themselves and that indeed they may be whiners.
I would suggest to the minister that I don't consider it to be a ridiculous preamble when I ask him if he knows how many businesses, in the last week even, have shut their doors because of his budget increase.
When I used figures, prior to the closures actually occurring, to try to suggest the dimensions of the problem, I may in fact have used figures that were the exception. The minister may recall that I suggested people were tending to get $8 profit on a cord of wood and that they were now paying something in the order of $8 to $12 more in stumpage fees. I was told on Friday that it's much more typical for people to be getting $2 profit on a cord of wood and that they're now paying $10 more in fees.
The minister is right when he suggests that things have changed and that these people cannot solve their problem by raising their prices. In fact, they signed contracts on April 1, before the minister brought in his budget, to deliver wood at the going rate. It's been suggested they might defer the fees. They say they will never make enough money to pay the back fees that are owed.
Minister, it is ironical that you are not going to see the increase from your fees either, because you can't get revenue from somebody who's out of business. One operator alone who's already closed his doors showed me that he paid $1 million in taxes last year. With one closure, that's $1 million gone from the $130 million that you hope to gain with this revenue increase.
I ask you, Minister, have you made any calculation at all of how much tax revenue you're going to lose as a result of this particular and misguided revenue grab? How much revenue are you now receiving from companies that are closing their doors? What is that going to do to the bottom line of your 1993-94 budget?
Hon Mr Laughren: I just want to clear the air on the matter of my accusation that she had a ridiculous preamble. It had nothing to do with the number of jobs lost or the number of closures; it was the ridiculous accusation that anybody but a Liberal could engage in an outrageous tax grab. That was what was ridiculous about the preamble. Now she has once again referred to a revenue grab, which hardly does justice to the seriousness of the issue.
I agree with the leader of the official opposition that there is a problem here. I acknowledge that, but I'm not sure what engaging in excessive rhetoric is going to do to resolve the problem. The Minister of Natural Resources is meeting with us on a regular basis to see if we can resolve it, because as I said in my initial answer, I agree that there is a problem and we are working at it.
Mrs McLeod: I can only hope, again, that the response these people get very quickly is a different response than they have had from this government, and particularly from this minister and the Minister of Natural Resources, over the last few days. It has become only too apparent that the government is concerned far more about making a show of restraint than about actually making good economic decisions. This was not a good economic decision.
What I can understand even less is that throughout these last weeks as these people have raised their concerns and as we have brought these concerns into the House, even if you don't care about the economic basis of your decision, no one seems to care about the human cost. There are 455 people directly employed by these independent operators solely in the Fort Frances and Kenora area. There are another 450 people employed in the bush and the mill in the Atikokan area. There are literally thousands more who are affected across northern Ontario. These people who are today being laid off are going to be on social assistance because there is simply nothing else for them.
I have a set of petitions which tell the government how people are feeling about this issue. The independent loggers have formed an association. They've done surveys of people who will be indirectly affected, and they tell you how people feel about this.
The Speaker (Hon David Warner): Would the leader place her question, please.
Mrs McLeod: I would like the Treasurer to talk to people who are about to auction off their equipment, which means that their businesses will be completely closed because they have to pay their bank loans.
Mr Speaker, I just want to take one moment to read to the minister -- I will place my question -- a letter from people representing the Atikokan Loggers Association, who say in response to their meeting with the Minister of Natural Resources:
"We want you to know how utterly disappointed we are at your lack of concern, compassion and support. You and your government obviously do not realize the full impact this will have on everyone, especially your own constituency."
The Speaker: Would the leader place a question, please.
Mrs McLeod: I ask, given this concern expressed by people in these communities in this industry, how can the Minister of Natural Resources say simply that they will just have to work something out? How can that be considered even a half-hearted response to these concerns? Minister, why don't you open your ears and eyes and find out what is happening before it is too late? This is a crisis for northern Ontario and nobody really seems to care in your government.
Hon Mr Laughren: Like the leader of the official opposition, I'm from northern Ontario as well and I have lumber operators and pulp and paper operators in my own constituency, so I think that to engage in her partisan rhetoric about nobody caring simply doesn't serve her purpose well either, not even her political purposes. It is a serious problem. I indicated that and I indicated that the Minister of Natural Resources is trying to work it out between us and the industry to see if there is a solution. We do take it seriously and we are trying to do something about it.
In conclusion, I would say once again that I acknowledge it's a serious problem. What I find really weird, though, is for the leader of the official opposition to say this government is more interested in a show of restraint rather than good economics. I understand why she would not know the difference between a show of restraint and real restraint, given her record of five years in office.
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TEMPORARY ABSENCE PROGRAM
Mr Robert W. Runciman (Leeds-Grenville): My question is for the Minister of Correctional Services. Two years ago, I advised your predecessor about the release of a convicted rapist on a provincial temporary absence program just two months after he began serving his two-year sentence. The day after I raised it in the Legislature, he was hauled back into custody.
Last week, the standing committee on government agencies recommended a full review of the temporary absence program. Will you commit to that review?
Hon David Christopherson (Minister of Correctional Services): We've received the report. It's my intention to review that report, the recommendations, and respond promptly.
Mr Runciman: That sounds like something less than a commitment. When this rapist was released under the temporary absence program, the 12-year-old victim's mother met him on the street, a traumatic experience for the mother, but it could just as easily have been the 12-year-old girl who met him on the street.
The standing committee also recommended that your ministry introduce a policy of informing victims when offenders are released into the community on temporary absence passes, especially in cases of sexual assault. Will you commit today to introducing that policy?
Hon Mr Christopherson: Again, with great respect to the honourable member and the work of the committee, we certainly take all of their recommendations very seriously. We've just received the report. I think it would be a little bit presumptuous for me to be standing here saying exactly what our position would be until we've had a chance to review those things, except to say to the honourable member that in the criminal justice system in the areas of charging and in corrections, all throughout the system, the emphasis is more and more on violent acts and those that have the potential for violent acts and to deal with less violent offenders in a more efficient, effective manner, thereby giving us a more effective corrections system. I would add that is also the direction of our federal counterparts in Ottawa.
Mr Runciman: In essence, that's another non-answer. We're talking about a situation -- he says he was just made aware of this. I raised an issue of a rapist on the streets two years ago in Brockville with your predecessor and the individual was yanked off the streets. This is not a new problem. Because your government has failed to act upon this, the standing committee made these recommendations, because you have not done a thing. You have members sitting on that committee, so to say you're ignorant of the issue until you receive the report is simply ludicrous.
The TAP program is supposed to let felons out during the day to continue to work and avoid becoming a welfare burden. Right now there's a convicted drug trafficker in Brockville who was sentenced to nine months in jail. After only a month, he's released back into the community to serve his time in the comfort of his own home. The only restriction placed on him is that he has a 6 pm to 6 am curfew and that he report to the jail once a week. During the day, he doesn't even have to go to work, because he doesn't have a steady job, so his sentence amounts to staying at home and watching Oprah. This criminal is free to do as he pleases, because your staff do not even check to see if he's at home. It's only a matter of time before criminals such as this one commit further crimes.
I think the people of this province have a reasonable expectation that when someone is sent to jail, they will stay in jail, and when released, they will be supervised. This program is a joke. The criminals are laughing all the way home. The police are frustrated, tearing out their hair in frustration, wondering why they're doing their job. When are you going to do something about this program?
Hon Mr Christopherson: It's interesting that the temporary absence program was introduced in 1968, and at that time it had the support of all three parties here in this House. I might add that the use of that program has been expanded to its current level by previous governments that have seen the merit in this program. I would also point out that, since 1987-88, 95% of the people who were on TAPs completed those TAPs without any further incidents.
That's not to say that there are not always areas of improvement. This government, like the opposition and like the federal government and like Canadians across this nation, is very concerned about ensuring that we have a criminal justice system that serves the people, serves those who are in the institutions, serves the people who work in those institutions and, I might add, works very closely with the police community to ensure that we have the kind of system that will provide the service Canadians want and Canadians expect.
VIDEO GAMES
Mrs Elizabeth Witmer (Waterloo North): My question is for the minister responsible for women's issues. In the past year, we have seen a tremendous increase in the number of video games that capitalize on violence against women. One game in particular is called Night Trap. The Wall Street Journal describes Night Trap as having the sound and feel of a B-grade slasher flick. According to a Toronto Star review of this game, it says: "And these aren't cartoon characters we're talking about. It features real live squealing women who serve no other purpose in this game than to be shrieking designated victims."
Minister, as you know, teen and pre-teen boys are most likely to play these video games. As the minister responsible for women's issues, do you endorse this graphically violent type of game being on the market without any limitations as to who can purchase it?
Hon Marion Boyd (Minister Responsible for Women's Issues): No. The answer is very simple: I do not; I know, as a parent and as someone who's very concerned about the effect of the kind of saturation that there appears to be of this kind of material, which is certainly very distressing, I think, to most of us. Our problems obviously are the same problems that the federal government faces and that we face in our own areas of jurisdiction within Ontario as to how we can control this kind of material without censoring other materials and getting ourselves into difficulty with civil liberties. This is a problem in every area of censorship.
Certainly I have received complaints about the particular game you mention; I'm sure some of my colleagues have as well. It is of deep concern to us.
In looking at some of the issues raised by your own colleagues, Mr Harnick and Mr Cousens, on what constitutes hate literature and so on, in both of their bills they include hate material against women. This is certainly one of the issues that we'll be looking at, at what kind of realm this kind of material fits into when we discuss whether this government, in conjunction with the opposition, is prepared to move in this area.
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Mrs Witmer: Minister, it's fine to say we need to look, but I say to you that it's time for action. We have stood in this House on many occasions to denounce violence against women. Each year we take the opportunity to remember the horrible Montreal massacre. More recently, we have denounced the cruel and the very violent deaths of young women such as Leslie Mahaffy and Kristen French.
I strongly believe that the time for action is now. It is more important than ever before that we do everything we can to combat any and all acts and words that in any way condone violence against women. In my view, allowing our young people to purchase and, as a result, play these games without legal limitations is simply unacceptable and irresponsible. Do you agree?
Hon Mrs Boyd: I would say, as I said to the member before, that when we enter into the realm of controlling the freedom of people to read or to purchase materials and so on, we enter into a realm that has always been difficult for legislators. In terms of the choices we must make, these are very, very difficult choices that any Legislative Assembly needs to deal with.
I would say to the member that while I certainly, within my own home as a parent, would be very distressed if my child were purchasing and using such materials and would hope that other parents would exercise their responsibility as parents around this sort of thing, we have always got a very sensitive issue at stake as legislators in terms of how to control.
I will make the commitment to the member that I would be most happy to work with her and with colleagues on all sides of the House to look at what the options are around this kind of material under our current laws and to work in terms of what we need to do with our federal colleagues.
I would say to the member that one of the issues that's been raised in the issue of gender equity under the law is this whole issue of how pornography and the images of women and violence against women affect our equity under the law. We as a province have committed ourselves to that work and have expressed real concerns about the need to look at that whole area of law in terms of equity. I can assure the member that this is an area I'm committed to work on, and hope I can expect the support of her colleagues and herself on as we look at this new area of censorship.
Mrs Margaret Marland (Mississauga South): Madam Minister, you say that you hesitate because I think you said we enter the realm of controlling people. We control people every day. We have the Liquor Control Act, we have the Highway Traffic Act, we have municipal bylaws. There is a responsibility on us as legislators. When you say you do not endorse this kind of product on the market and then you start worrying about civil liberties versus censorship, I want to tell you, if you go out and ask the public what it thinks about this kind of material classified as entertainment, accessible to everybody, then you'd find out just how strong the argument on the side of civil liberties stands.
In fairness to the company, which puts out Night Trap, it has instituted a rating system. However, without government leadership, this is not legally binding. Night Trap can be purchased by anyone for just $60 in most video stores. Commendably, however, Toys R Us, one of our largest toy stores, has decided not to carry Night Trap.
Minister, I want to ask you one more time: Are you, as the member of your cabinet responsible for women's issues, prepared to show some leadership by giving legal force to a rating system to ensure that video games, just like films that depict violence against women -- which we haven't been able to get anywhere with, with the Minister of Consumer and Commercial Relations -- that these kinds of material are not available to our young people?
Hon Mrs Boyd: There is a question of jurisdiction, as the member is well aware, in this area in terms of where the federal jurisdiction begins and ends and where provincial jurisdiction begins and ends. We have indicated before that there are some very, very strong questions that have been raised by me and by several of my other colleagues in terms of federal and provincial areas to look at this. We can't solve this on a province-by-province basis. There's nothing to prevent people from going outside our province, purchasing these things and bringing them in and so on.
What we are wanting to do is to look at the issue of how this fits into the general aspect of this whole area of violence against women, what constitutes an area where we are prepared to enter into some measure of control and to what extent that will be effective, given charter rights. We have to be aware of that.
I want the member to be well aware that this is not a frivolous question that's raised about people's rights around censorship. It is a serious question. I must tell you that I wish all stores were as responsible as Toys R Us and refused to carry this kind of material, and that all of us here should all be putting pressure on retail outlets and on manufacturers to stop the production of this kind of material.
ONTARIO HYDRO
Mr Sean G. Conway (Renfrew North): My question is for the Minister of Finance and it concerns Ontario Hydro. The minister and the government will know that it has been reported, and now confirmed by Hydro itself, that in 1993 Hydro is expecting to report a loss someplace in the range of $1.6 billion and that Hydro's financial situation is deteriorating as the year progresses.
My first question is to the Minister of Finance and it concerns the social contract. In today's press, the chairman of Ontario Hydro, Maurice Strong, is quoted as saying that the $100-million target, the $100-million cut that has been ordered by the Rae cabinet for Ontario Hydro, is "a major problem, a significant hit," and Mr Strong adds that he's very much hopeful that he is going to be able to get out of that cut and that commitment and that he's already met or discussed this hope with Premier Rae and Energy Minister Wildman.
My question to the architect of the social contract: Finance minister, do you and your colleagues in the Rae government intend to relieve Mr Strong and Ontario Hydro of their $100-million saving that is part of your social contract for this year?
Hon Floyd Laughren (Minister of Finance): There have indeed been a number of meetings with Mr Strong and several members of cabinet dealing with the restructuring of Hydro and the link between the restructuring and the social contract. The target under the agencies, boards and commissions sector of the social contract includes Ontario Hydro, and the target was, as the member for Renfrew North indicated, about $100 million.
The negotiations with Ontario Hydro, as with other agencies, boards and commissions, are going on now, and we have quite assiduously avoided carrying on those negotiations either in the media or on the floor of the Legislature. I would simply say to the member for Renfrew North that I have every reason to believe that the matter will indeed be resolved and that Ontario Hydro will achieve the savings that will be negotiated at the subsector table, the agencies, boards and commissions table of the social contract bargaining.
Mr Conway: I simply will refer the Treasurer to the answer given a week ago today to a question I asked his colleague the Minister of Energy on this very point. Like the stumpage issue, the government policy is shifting, and shifting very quickly. I'm going to be back to this later with the Minister of Energy, but I'm not clear what the government policy is.
My second question has to do with the situation at Hydro. Revenues are down, sales are down, the cost of the restructuring is up, and is expected to be up considerably, by about an additional $200 million. Will the Treasurer, on behalf of the government and the people of Ontario, undertake, through section 37(4) of the Ontario Energy Board Act, to refer the current financial situation at Ontario Hydro to the energy board for an independent adjudication so that we can all of us, in the Legislature and outside, in the province have an independent evaluation of what we are increasingly led to believe is a serious and financially deteriorating situation at the giant utility?
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Hon Mr Laughren: I do think we need to put the numbers, which are very large, in some kind of perspective. It was not unexpected that there would be a substantial write-down because of the restructuring that's going on and the write-down of assets and so forth. That was, I think, anticipated and expected by thoughtful, knowledgeable observers of Ontario Hydro as it engaged in its restructuring process. The sales for the first six months of this year were off, I think, around $460 million, as I recall, which I believe is about an 8% reduction in sales.
So the biggest proportion of the problem to which the member for Renfrew North refers comes from the restructuring of Ontario Hydro, not from a sudden plummeting of sales, although I would certainly be the first to acknowledge that one of the problems at Hydro has been the decline in revenues, largely because of the recession and the rather slow recovery that we're experiencing in the recession.
But Ontario Hydro, through Mr Strong, still believes that it's going to be able to achieve its targets of rate freezes in the next couple of years so that Hydro can be, at the same time, appropriately downsized. I can tell the member for Renfrew North -- and I can recall him in this House standing in his place and asking me questions about how I expected people to be able to cope with double-digit increases in hydro rates in his own valley -- I think that Mr Strong is on the right track and that restructuring must go on. While that's happening, it's inevitable that because of the write-downs of the assets there's going to be an interim period when Hydro's balance sheet or profit and loss statement doesn't look very healthy.
The Speaker (Hon David Warner): New question.
Mr Chris Stockwell (Etobicoke West): I want to ask the Finance minister as well about Ontario Hydro. I understand about the write-downs that are taking place and the costs associated with those. You suggested that fairminded people would accept that. I think they have. The great concern is this: In a period of a couple of months, this giant utility has gone from hundreds of millions of dollars of profit to hundreds of millions of dollars of losses. That is very concerning to the people out there.
This utility has also committed to no rate increase. At the end of this year, they're going to use up all their reserves, $1.6 billion, and be left with nothing to stabilize rates in the future. There is real concern out there from the major users.
Obviously this is causing some concern across the floor. Clearly, there's some concern with the Minister of Environment and Energy. What plans do you have, besides saying the recession, to stabilize this very serious problem facing not only the utility but yourselves, by underwriting the debt, and the constituents of this province? What are your plans?
Hon Mr Laughren: I do believe that Ontario Hydro is on the right track with its restructuring. I believe that's the number one thing that must occur, because I believe the member for Etobicoke West would be the first to agree that the rate of increases experienced by the users of hydro in this province were unsustainable. From a competitive basis, we simply couldn't continue the way we were going, so something had to be done. I give Mr Strong and the Ontario Hydro board credit for working extremely hard to restructure Ontario Hydro. It simply had to be downsized; it couldn't sustain the compensation levels it had, and I believe they are on the right track.
But if the member for Etobicoke West is implying -- and I'm sure he'll straighten me out in his supplementary if I'm wrong here -- that Ontario Hydro now should engage in a series of rate increases in order to put itself on what might be described as a more solid financial footing, I think that would not be the right direction. But on the other hand, I await to hear further from both the member opposite and from Mr Strong.
Mr Stockwell: I guess what I want to know and what the people of the province would like to know is, what are their plans to right this wrong? Clearly, you're talking about unloading some staff and writing down some capital and so on and so forth. That in itself is not going to generate any more revenue.
Having them send you $100 million as part of the social contract seems to me to be the ultimate in robbing Peter to pay Paul. It makes absolutely no economic sense to have a losing utility send you a cheque for $100 million, write up more debt on its behalf, so you can write down some debt on your behalf. That doesn't seem to me to be a manageable, sensible plan.
All I've heard from the Minister of Energy and Mr Strong is: "We were going to make money this year. We've righted this ship. We're profitable. Yes, it's been painful, but we're profitable." I thought he was doing a fine job up until yesterday, because suddenly we're no longer profitable. In fact, we're losing a lot of money.
The question I put to the Treasurer is this. I'll tell you what I'd like to do, but I think more importantly I'd like to know what your government is going to do. An 8% reduction in revenue, $1.6 billion in write-downs, $100 million from their debt to pay down your debt, and you're suggesting to me that things are going well. I don't think the people of this province think that's a good plan.
The Speaker: Would the member conclude his question, please.
Mr Stockwell: What I'd like to know is, how are you going to get revenues up? The only way to make it profitable, the only way to retire debt, is to increase revenues. I've not heard a plan yet. Can you enlighten us?
Hon Mr Laughren: There really should be rules in this House about tantalizing the government. The member for Etobicoke West indicated that he had an answer, but then he just dangled it out in front and didn't say what he would do.
I can only assume that when the member for Etobicoke West talks about the only solution being to increase revenues, which surprises me, because I think that controlling the expenditures of Ontario Hydro is also important, nevertheless, if he thinks that the only solution is to increase revenues, I assume, given the fact that we're slowly coming out of the recession and the natural revenue growth is not there, that means jacking up the rates, and we've tried very hard to resist that.
The second point that the member for Etobicoke West makes has to do with the social contract. Ontario Hydro is a public utility in the public sector of this province, and I believe that as such it should be asked and required to make a contribution to public sector compensation. That's why I believe, despite the pleas from the member for Etobicoke West, that Ontario Hydro should not be exempt from the requirements under the social contract.
HOG INDUSTRY
Mrs Irene Mathyssen (Middlesex): My question is to the Minister of Agriculture and Food. Minister, as you're aware, Ontario farmers continue to be very supportive of the relatively new national safety net program GRIP, the gross revenue insurance plan, and NISA, the net income stabilization account.
Recently, the government of Saskatchewan stated its intention to terminate its participation in GRIP in three years' time, and now a Canada-US free trade panel has confirmed a US determination that the hog tripartite stabilization plan is countervailable. This could lead to changes to the hog tripartite stabilization plan.
In light of these two events, will the Ontario Ministry of Agriculture and Food continue to support and participate in the GRIP program, and what effect will the trade panel decision have on the Ontario hog producers?
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Hon Elmer Buchanan (Minister of Agriculture and Food): I'd like to thank the member for the question and just note, for her interest and the interest of farmers in the province, that last week at the federal-provincial ministers of agriculture conference, indeed we confirmed our support for a national safety net, for both GRIP and the NISA programs. We believe very strongly that safety nets are important. During our recent expenditure control exercise we in this ministry have tried to maintain safety nets for farmers.
In reference to the hog industry and the member's question, at the conference last week we looked at the national tripartite stabilization program which is offered for cattle, hogs and sheep and lambs. At that point we decided to terminate the program for cattle at the end of 1993.
With reference to the hog industry, we are going to wait and consult with the hog producers in Ontario and across the country to decide whether or not that program will continue. We think we should consult before we make decisions on the future of that program.
Mrs Mathyssen: In light of this, Minister, and I know that you're deeply concerned about the farmers of Ontario and the effect that the free trade agreement has had on that community, I wonder if you can anticipate for me the effects of the NAFTA plan that the federal Tories are determined to push ahead with.
Hon Mr Buchanan: With regard to NAFTA, I might point out that the hog industry in Ontario, when the FTA came in, were quite optimistic. They felt there were going to be a lot of opportunities for export of hogs to the US. They have experienced a great deal of difficulty with shipping live hogs to the US. We've suffered several countervails. They've won several panels, and it seems, even though we win each time, there's always an appeal and we seem to have another loss. Recently, we had another experience where there's a countervail against Ontario and Canadian hogs.
We believe NAFTA is going to continue with that kind of exercise, and we don't think the opportunities are going to be there that the hog producers felt there were going to be with the FTA. We continue to work with the industry. The hog industry wants to get into the export field. We will continue to work with them, but NAFTA, quite frankly, is probably not the future for several sectors of agriculture. In the production of horticultural products, for example, it's going to make it very difficult for us to compete.
HEALTH CARE
Mrs Barbara Sullivan (Halton Centre): My question was to be directed to the Minister of Health, who appears to be absent from the House, but just in case she is coming back, I'd like to tell you that today I'm wearing a button that says, "Bob Rae's NDP government could be hazardous to your health." I believe that the minister's coming --
The Speaker (Hon David Warner): The member for Halton Centre, with the minister not being present in the House, you could direct your question to the Deputy Premier.
Mrs Sullivan: I'm certainly willing to direct my question to the Deputy Premier. I suggest that the wording on the button I'm wearing should be changed to "Warning: Bob Rae's NDP government is hazardous to your health."
I'd like to know of the Deputy Premier and the Minister of Finance if he has advised the federal government and the federal Minister of Health that Ontario is withdrawing from medicare.
Hon Floyd Laughren (Deputy Premier and Minister of Finance): I don't think so.
Mrs Sullivan: The Treasurer should know the answer to that question, and in fact Mary Collins should have been advised by now of his answer.
Bill 50 is a complete breach of the Canada Health Act and destroys medicare in Ontario. With Bill 50 the basic guarantees of medicare are destroyed. We will no longer have a universal, accessible health care system because Bill 50 takes those aspects away. My party will not allow this to happen, and we will fight alongside every person in Ontario to make sure that you and your party do not destroy medicare.
We demand that this government withdraw Bill 50. I ask the Treasurer today, will you withdraw Bill 50?
Hon Mr Laughren: I shall attempt to give a serious answer to a question which I'm not too sure was terribly serious, because the member from Halton should understand that in the 1990s, if we're going to continue to have universally accessible medicare in this province, we have to reverse the ridiculous trend of the 1980s when the Liberals allowed health care to increase at 11% a year each year over the previous year.
This party has a commitment second to none when it comes to the preservation of medicare. But I can tell the member opposite that if we're going to preserve universal medicare in this province and in this country, we have to control its costs, and that's what we're doing in a thoughtful way. I can tell you, Mr Speaker, the biggest threat to medicare in this province was the Liberal attitude of letting spending go unchecked during the 1980s, because that was unsustainable.
EMPLOYMENT EQUITY
Mrs Elizabeth Witmer (Waterloo North): I have a question for the Minister of Citizenship. The regulations for Bill 79 provide very broad definitions for each designated group and allow employees to voluntarily self-identify to which group they belong. This is contributing to concerns about the reliability of the data that are to be collected in the workplace survey. It is conceivable that people could decide not to identify themselves as members of the designated groups or be tempted to falsely designate themselves as members of a designated group in order to obtain employment preferences.
Consider the definition of racial minority. In a workplace survey, employees will be told that, "A person is a member of a racial minority if, because of his or her race or skin colour, the person is a visible minority in Ontario." The employees are then asked, "Based on this description, do you consider yourself to be a member of a racial minority?" A choice will then be made which the employer cannot challenge.
The danger that people will not identify or not properly identify themselves in a survey could be eliminated by some form of supervisor identification, which was favoured by employers during the consultation. Could you explain why you did not adopt the recommendation?
Hon Elaine Ziemba (Minister of Citizenship and Minister Responsible for Human Rights, Disability Issues, Seniors' Issues and Race Relations): First of all, let me explain very clearly that under the Human Rights Code and other areas we must be very careful that people are given the option for self-identification. That's very clear, and I want to make that point.
But I also want to make the point that we consulted very widely with employers, and we consulted with the labour movement and designated groups.
Mr Charles Harnick (Willowdale): Why don't you put a label on everybody? Put a little label on everybody.
The Speaker (Hon David Warner): Order, the member for Willowdale.
Mr Harnick: As they are born you can stamp them. You can stamp on their foreheads.
The Speaker: The member for Willowdale, come to order.
Hon Ms Ziemba: In that very broad consultation across Ontario, we very clearly heard that if we are going to make sure that people have their rights enshrined we must make very sure that people have self-identification.
Mr Harnick: Making you a little uncomfortable, Cooke?
Hon David S. Cooke (Minister of Education and Training): No, you embarrass everybody.
The Speaker: Order. The member for Willowdale, please come to order.
Hon Ms Ziemba: I must say very clearly that in the consultation we did with employers, and there were over 51 employers involved in testing the regulations, they said very clearly to us that if we were to make this work, education was a primary focus that must happen before we do employment systems review.
In that educational process, employees will be given the information needed to know about self-identification, and I think that's the very important component of employment equity, education, making sure people understand about equality and equity rights --
Mr Harnick: Remember how successful the survey from the Premier's office was. Did you see that survey, Cooke? If you want to see anything racist, go look at the Premier's survey.
The Speaker: Order.
Hon Ms Ziemba: -- and to make sure that your colleague who sits next to you understands as well that employment equity is about fairness and equality, and it's not about pigeonholing people.
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Mrs Witmer: Madam Minister, this is an important issue, the issue of definition, the issue of voluntary self-identification, because, as you know, the data collected in the workforce survey are going to form the basis of the employer's employment equity plan. I think you can educate the workforce. However, there is no compulsion for them to identify themselves.
There's also concern that individuals who have been accommodated by an employer at considerable cost could still refuse to self-identify, notwithstanding their obvious membership in a designated group.
In the case, for example, of a member, of a person with a disability, there may be a very strong incentive against self-identification for fear that honest responses about invisible medical conditions such as epilepsy might jeopardize their career promotions.
Bill 79's definition of a person with disabilities is the same as the definition that is found in the federal act. As you know, this is a definition which has proved to be very problematic. The federal Employment Equity Act has been challenged recently in the court by the Bank of Nova Scotia --
The Speaker: Could the member place a question, please.
Mrs Witmer: -- and the Toronto-Dominion Bank as being too vague in that it cannot be determined with certainty which employees fall within its scope.
Given that the federal definition is being challenged, why was it --
Interjections.
The Speaker: Order.
Mrs Witmer: Mr Speaker, I am very disappointed that the government is not concerned about the employment equity definitions.
The Speaker: Could the member please place a question.
Mrs Witmer: If we are to really, truly consult with all the people in the province, then we must address these issues. My question is this --
Interjections.
The Speaker: Order.
Mrs Witmer: I know that the member for Durham Centre is not interested in employment equity.
The Speaker: Could the member place a question.
Mrs Witmer: Given that the federal definition of "disability" is being challenged in the courts, why was it adopted for Bill 79?
Hon Ms Ziemba: I want to respond about our caucus being very interested in employment equity, to say to you that the people who were heckling when I was answering the question came from the opposition. But to go on to why the definition was adopted consistent with the federal policy is that we heard very clearly from the people with disabilities who identify with this definition that this is a definition they wish to have. I think this is extremely important, that the people who can identify with the definition have an understanding and feel that it works and helps them.
We are also working very closely with the federal government to make sure that our definitions are compatible, so that when we have employers who are good employers, who have already worked on employment equity, who have made sure that their plans are working --
Mr Harnick: You just see how this is going to promote racial tolerance.
The Speaker: Order, the member for Willowdale.
Hon Ms Ziemba: Both the federal government and the provincial government are working very hard to have a compatible definition so that when we have our legislation, we can work very closely with employers who are already following with the contract compliance under the federal jurisdiction.
I want to follow up from what the member opposite has said about employers and about employees who might not self-identify. The employers who have had self-identification and have worked on employment equity plans in the past have told us very clearly that if educated and promoted and done properly, they get a 95% response, that there is not the variance that you have said. In fact, most employees do want to self-identify, because they know it's going to help the whole workplace, and people who understand employment equity realize this is a benefit for all society and not just for the designated groups.
The Speaker: Could the minister conclude her response please.
Hon Ms Ziemba: I look forward to your response this afternoon and to working with you, and the Liberal caucus as well, to make sure that this plan works for all Ontarians and that we can have an employment equity plan that is fair and equitable and does the job it's supposed to do.
The Speaker: The time for oral questions has expired.
Mr Murray J. Elston (Bruce): On a point of order, Mr Speaker: I know that it is against the rules of the House to introduce someone who may be in the members' galleries, but if I pointed out that Mary Baxter, a former assistant of mine, is sitting in the east gallery with her grandchild, would that be in order? Mary is up in the east gallery.
The Speaker: No, it's not in order, but of course you'll make sure that Hansard has the correct spelling of the name.
Mr Gary Malkowski (York East): On a point of privilege, Mr Speaker: I'm having a difficult time trying to follow and pay attention, and the member for Willowdale kept interrupting during the minister's comments. I think it's important for disabled people. As a disabled person I like to follow the comments, and I would appreciate if people wouldn't interject like that. I also don't find that kind of behaviour parliamentary. If we could talk one at a time with a little bit of respect for all the members of the House, I'd appreciate that.
The Speaker: To the member for York East, indeed, all interjections are out of order, and I always encourage members to resist the temptation.
Pursuant to standing order 34(a), the member for York Mills has given notice of his dissatisfaction with the answer to --
Interjections.
The Speaker: Would the member for Etobicoke West take his seat, please.
Pursuant to standing order 34(a), the member for York Mills has given notice of his dissatisfaction with the answer to his question given by the Minister of Education and Training concerning savings through the social contract to be paid to Metropolitan Toronto property taxpayers. This matter will be debated today at 6 pm.
MOTIONS
PRIVATE MEMBERS' PUBLIC BUSINESS
Hon Brian A. Charlton (Government House Leader): I move that Mrs Mathyssen and Mr Morrow exchange places in the order of precedence for private members' public business, and that Mr Morin and Mr Mahoney exchange places in the order of precedence for private members' public business.
The Speaker (Hon David Warner): Is it the pleasure of the House that the motion carry? Carried.
Mr Chris Stockwell (Etobicoke West): On a point of privilege, Mr Speaker: On the point of order of the member for York East, I would also like to note, although he just mentioned the member for Willowdale, that there were a number of people who were also interrupting and heckling on the other side of the House and I think that should be noted for Hansard.
The Speaker: To the member for Etobicoke West, indeed, I indicated that all interjections are out of order.
PETITIONS
DRUG BENEFITS
Mrs Barbara Sullivan (Halton Centre): I have a petition to the Legislative Assembly and the Lieutenant Governor of Ontario which reads as follows:
"Whereas the introduction of Bill 29 makes substantial changes to the Ontario drug benefit program that would allow the Lieutenant Governor in Council to make unilateral and significant changes to the Ontario Drug Benefit Act through regulation and without consultation with seniors nor negotiation with pharmacists;
"We, the undersigned, respectfully petition the Legislative Assembly to adopt the amendments to Bill 29 as proposed by the Ontario Pharmacists' Association, which are affixed to this petition."
This petition underlines the destruction of the medicare system, and I affix my signature to it.
CASINO GAMBLING
Mr Jim Wilson (Simcoe West): I have a petition addressed to the Legislative Assembly of Ontario:
"Whereas the Christian is called to love of neighbour, which includes a concern for the general wellbeing of society; and
"Whereas there is a direct link between the higher availability of legalized gambling and the incidence of addictive gambling; and
"Whereas the damage of addiction to gambling in individuals is compounded by the damage done to families, both emotionally and economically; and
"Whereas the gambling market is already saturated with various kinds of government-operated lotteries; and
"Whereas large-scale gambling activity invariably attracts criminal activity; and
"Whereas the citizens of Detroit have since 1976 on three occasions voted down the introduction of casinos into that city, each time with a larger majority than the time before,
"Therefore, we, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the government of Ontario cease all moves to establish gambling casinos."
That was sent to me by parishioners at the Trinity United Church in Beeton, and most particularly I'm grateful to Lee Haughton for sending that to me. It's signed by good people like Rhonda Tilley, Stuart Magloughlen, Ron Beausaert, Brenda Lisk and others, and I too have affixed my name to that petition.
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SOCIAL CONTRACT
Ms Jenny Carter (Peterborough): I have a petition to the Honourable Lieutenant Governor and the Legislative Assembly of Ontario, and it says,
"From the people of Ontario:
"We, the undersigned, beg leave to petition the Parliament of Ontario as follows:
"That free and open collective bargaining for public service employees be restored and be returned to its honourable position in Ontario.
"That the social contract in its present form be destroyed and that the valuable programs and services in the public sector be maintained for the betterment of all Ontarians;
"That the government withdraw Bill 48 and, in place of this bill, the government work cooperatively with the public service unions to find an equitable solution rather than eliminating valuable public services."
This petition is signed by 275 residents of my own riding of Peterborough and also of the riding of Hastings-Peterborough.
FOREST INDUSTRY
Mrs Lyn McLeod (Leader of the Opposition): I have a petition to the Legislative Assembly of Ontario:
"Whereas logging contractors and companies cannot afford an increase in stumpage fees; and
"Whereas an increase could result in the complete shutdown of all log-related manufacturing firms and logging contractors,
"We, the undersigned, respectfully submit that the increase in stumpage fees announced in the 1993 budget be revoked immediately."
I have the petition signed by several hundred people from northwestern Ontario and I've affixed my own signature.
GAMBLING
Mrs Margaret Marland (Mississauga South): To the Legislative Assembly of Ontario:
"Whereas the New Democratic Party government has not consulted the citizens of the province regarding the expansion of
gambling; and
"Whereas families are made more emotionally and economically vulnerable by the operation of various gaming and gambling ventures; and
"Whereas creditable academic studies have shown that state-operated gambling is nothing more than a regressive tax on the poor; and
"Whereas the New Democratic Party has in the past vociferously opposed the raising of moneys for the state through gambling; and
"Whereas the government has not attempted to address the very serious concerns that have been raised by groups and individuals regarding the potential growth in crime;
"Therefore, we, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the government immediately cease all moves to establish gambling casinos and refrain from introducing video lottery terminals in the province of Ontario."
I'm very happy to add my support to this petition.
CASINO GAMBLING
Mrs Karen Haslam (Perth): To the Legislative Assembly of Ontario:
"Whereas the Christian is called to love of neighbour, which includes a concern for the general wellbeing of society; and
"Whereas there is a direct link between the higher availability of legalized gambling and the incidence of addictive gambling; and
"Whereas the damage of addiction to gambling in individuals is compounded by the damage done to families, both emotionally and economically; and
"Whereas the gambling market is already saturated with various kinds of government-operated lotteries; and
"Whereas large-scale gambling activity invariably attracts criminal activity; and
"Whereas the citizens of Detroit have since 1976 on three occasions voted down the introduction of casinos into that city, each time with a larger majority than the time before,
"Therefore, we, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the government of Ontario cease all moves to establish gambling casinos."
ALCOHOL ABUSE
Mr Tim Murphy (St George-St David): I have a petition addressed to the Legislative Assembly of Ontario:
"Whereas the sale of rice wine has become a problem of aesthetic and ethical proportions for the residents of Cabbagetown;
"Whereas the coroner's report of November 13, 1985, recommends that, like stomach bitters, rice wine be treated as an alcoholic beverage with suitable controls;
"Whereas LCB control of rice wine is important,
"The undersigned -- "a number of members of the fine riding of St George-St David -- "have petitioned the Legislative Assembly as follows:
"Would the Ministry of Consumer and Commercial Relations look into the need to make rice cooking wine a controlled substance available only through the LCBO and, as recommended by the aforementioned coroner's report, establish an upper limit for alcohol content of alcoholic products sold outside the LCBO."
It's signed by a number of fine members of my community and I've affixed my signature as well.
COURT REPORTERS
Mr Charles Harnick (Willowdale): I have a petition addressed to the Legislative Assembly of Ontario:
"Whereas open and public trials require an accurate record prepared by those trained for that purpose; and
"Whereas the proposed model of a clerk-monitor taping the proceedings, non-stop taping of each courtroom, even during recesses, and a typist transcribing proceedings which were not attended is inimical to the proper administration of justice in Ontario,
"We, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the Ontario Court of Justice maintain the use of court reporters to keep the record of all court proceedings."
I've affixed my name to this petition.
RETAIL STORE HOURS
Mr Mike Cooper (Kitchener-Wilmot): I have a petition to the members of the provincial Parliament in regard to the amendment to the Retail Business Holidays Act, the proposed wide-open Sunday shopping and elimination of Sunday as a legal holiday.
It states:
"I, the undersigned, hereby register my opposition in the strongest of terms to Bill 38, which will eliminate Sunday from the definition of 'legal holiday' in the Retail Business Holidays Act.
"I believe in the need of keeping Sunday as a holiday for family time, quality of life and religious freedom. The elimination of such a day will be detrimental to the fabric of society in Ontario and cause increased hardship on many families.
"The amendment included in Bill 38, dated June 3, 1992, to delete all Sundays except Easter (51 per year) from the definition of 'legal holiday' and reclassify them as working days should be defeated."
I affix my signature to this petition.
Mr Ron Eddy (Brant-Haldimand): I have a petition to the Legislative Assembly of Ontario which reads as follows:
"We, the undersigned, hereby request you to vote against the passing of Bill 38.
"We believe that this bill defies God's laws, violates the principle of religious freedom, reduces the quality of life, removes all legal protection to workers regarding when they must work and will reduce rather than improve the prosperity of our province.
"The observance of Sunday as a non-working day was not invented by man but dates from God's creation and is an absolute necessity for the wellbeing of all people, both physically and spiritually.
"We beg you to defeat the passing of Bill 38."
It's signed by 228 residents of my riding and other parts of Ontario. I affix my signature.
HEALTH SERVICES
Mr Gary Carr (Oakville South): Patients from my riding of Oakville South and the surrounding area have asked me to table a petition which reads as follows:
"To the Legislative Assembly of Ontario:
"Whereas we are concerned about the proposed NDP government's decrease in radiology technical fees for general radiology, ultrasound and nuclear medical examinations; and
"Whereas these cuts will have a severe impact on health care services; and
"Whereas it will result in waiting lists, layoffs of staff, eliminating access to newer and continually improving diagnostic technologies; and
"Whereas these services are necessary to ensure that Ontarians receive high-quality health care that is delivered effectively and efficiently;
"We, the undersigned, respectfully petition the Legislative Assembly of Ontario not to threaten radiology services with cutbacks."
RETAIL STORE HOURS
Mrs Irene Mathyssen (Middlesex): I have a petition signed by a number of residents of London and Middlesex who wish to register their opposition in the strongest of terms to Bill 38, wish to affirm the need of keeping Sunday as a holiday for family time, and ask that Sunday remain as a legal holiday all year round.
CASINO GAMBLING
Mrs Joan M. Fawcett (Northumberland): I have a petition to the Legislative Assembly of Ontario:
"Whereas the Christian is called to love of neighbour, which includes a concern for the general wellbeing of society; and
"Whereas there is a direct link between the higher availability of legalized gambling and the incidence of addictive gambling; and
"Whereas the damage of addiction to gambling in individuals is compounded by the damage done to families, both emotionally and economically; and
"Whereas the gambling market is already saturated with various kinds of government-operated lotteries; and
"Whereas large-scale gambling activity invariably attracts criminal activity; and
"Whereas the citizens of Detroit have since 1976 on three occasions voted down the introduction of casinos into that city, each time with a larger majority than the time before;
"Therefore, we, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the government of Ontario cease all moves to establish gambling casinos."
I have signed the petition.
DRUG BENEFITS
Mr Ted Arnott (Wellington): I have a petition which reads as follows:
"To the Legislative Assembly of Ontario.
"We, the members of the United Senior Citizens of Ontario in Clifford, are very concerned re the announcement of Floyd Laughren about his expenditure control plan. This plan of his included reductions in health care services by $4 billion.
"This means that the Ontario drug benefit program is in jeopardy. The programs to be reformed are pharmacy services, management of nutritional products and over-the-counter products. There will also be price changes and cost-sharing; in other words, user fees.
"This statement has caused a great deal of shock and anger and frustration among the seniors of this province and in particular our members.
"We, the undersigned, would like very much if you could bring this issue before the Parliament stating our concerns in this matter."
It's signed by approximately 20 senior citizens from the senior citizens' club in Clifford.
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RETAIL STORE HOURS
Mr Gary Wilson (Kingston and The Islands): I have a petition to the members of the provincial Parliament regarding the amendment to the Retail Business Holidays Act, proposed wide- open Sunday shopping and elimination of Sunday as a legal holiday.
"I, the undersigned, hereby register my opposition in the strongest of terms to Bill 38, which will eliminate Sunday from the definition of 'legal holiday' in the Retail Business Holidays Act.
"I believe in the need of keeping Sunday as a holiday for family time, quality of life and religious freedom. The elimination of such a day will be detrimental to the fabric of society in Ontario and cause increased hardship on many families.
"The amendment included in Bill 38, dated June 3, 1992, to delete all Sundays except Easter (51 per year) from the definition of 'legal holiday' and reclassify them as working days should be defeated."
This was signed by over 400 people in my area.
HEALTH SERVICES
Ms Dianne Poole (Eglinton): I have a petition signed by numerous patients and doctors in my riding of Eglinton:
"To the Legislative Assembly of Ontario:
"Whereas proposals made under the government's expenditure control plan and social contract initiatives regarding health care in the province of Ontario will have a devastating impact on access to and the delivery of health care; and
"Whereas these proposals will result in a severe reduction in the provision of quality health care services across the province;
"We, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the government of Ontario move immediately to withdraw these proposed measures and reaffirm its commitment to rational reform of Ontario's health care system through its obligations under the 1991 Ontario Medical Association/government framework and economic agreement."
I concur with this petition and have affixed my signature to it.
RETAIL STORE HOURS
Mr Gary Carr (Oakville South): Constituents in my riding of Oakville South and the surrounding area have asked me to table a petition which reads as follows:
"To the Legislative Assembly of Ontario:
"Whereas we believe in the need of keeping Sunday as a holiday for family time, quality of life and religious freedom; and
"Whereas the elimination of such a day will be detrimental to the fabric of society in Ontario and cause increased hardship on many families; and
"Whereas the amendment included in Bill 38, dated June 3, 1992, to delete all Sundays except Easter (51 per year) from the definition of 'legal holiday' and reclassify them as working days;
"We, the undersigned, respectfully petition the Legislative Assembly of Ontario to defeat Bill 38."
HEALTH SERVICES
Mr Randy R. Hope (Chatham-Kent): I have a petition that is put together by the Kent County Medical Society which reads:
"To the Legislative Assembly of Ontario:
"As the proposals made under the government's cost-cutting measures regarding health care in Ontario will have a devastating impact on the availability and quality of health care services in Kent county;
"We, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That the government of Ontario move immediately to withdraw these proposed measures and reaffirm its commitment to rational reform of Ontario's health care system through its obligations under the 1991 Ontario Medical Association/government framework and economic agreement."
On behalf of those constituents, I wish to put forward this petition.
ORDERS OF THE DAY
EMPLOYMENT EQUITY ACT, 1993 / LOI DE 1993 SUR L'ÉQUITÉ EN MATIÈRE D'EMPLOI
Resuming the adjourned debate on the motion for second reading of Bill 79, An Act to provide for Employment Equity for Aboriginal People, People with Disabilities, Members of Racial Minorities and Women / Loi prévoyant l'équité en matière d'emploi pour les autochtones, les personnes handicapées, les membres des minorités raciales et les femmes.
The Deputy Speaker (Mr Gilles E. Morin): The last time, we had not done questions and comments on the remarks of the member for Scarborough North.
Interjection: He's not here.
The Deputy Speaker: He's not here. Therefore, we'll proceed with Mrs Witmer.
Mrs Elizabeth Witmer (Waterloo North): I'm pleased to have the opportunity, as the member responsible for the PC caucus, to deal with Bill 79, the Employment Equity Act, which received first reading on June 25, 1992.
I want you to know that our party is very, very supportive of equal employment opportunities for everyone. However, we do have some very serious reservations about the principle of legislated quotas as a means of ensuring that women, visible minorities, native Canadians and individuals with disabilities are given equal access to the job market. We would prefer an approach which deals directly with the very specific employment access problems which women, visible minorities, native Canadians and individuals with disabilities face.
Perhaps one of the greatest barriers that the designated groups face is the lack of appropriate education and training, as well as physical barriers and, certainly in the case of immigrants, language skills. I know that from my own personal experience, being the daughter of immigrants who had to learn the language, and I know how it prevented their access to employment opportunities.
Our party also believes that the government should be doing much more to encourage and assist employers to establish voluntary employment equity programs. As the legislation is presently structured, the burden, the responsibility, for employment equity in this province now rests solely on the shoulders of the employers. We believe that arbitrary government intervention is never a substitute for merit and fairness in the workplace.
The objective of Bill 79 is to ensure that every employer's workforce, in all occupational categories and at all levels of employment, reflects the designated groups' representation by the population in the community. Employers are going to be required to review their current hiring practices and develop employment equity plans that will conform with the prescribed regulations and then set specific goals and timetables for achieving their implementation.
This bill does represent the most far-reaching employment equity legislation in North America and perhaps, as the minister has proudly stated, in the world. Unfortunately, the bill is based on the premise that all employers engage in deliberate and systemic discriminatory practices and blames all inequalities which presently exist in the workforce on employer conduct. I'm going to speak more to that issue later.
A policy of employment equity which seeks to ensure fairness and non-discrimination in employment practices is very positive and it certainly is beneficial for all organizations. Hiring and promoting the best people from all segments of our society does make very good sense for Ontario employers and certainly for the employees in this province as well. But the question has to be asked, will the benefits of mandatory employment equity legislation for both the public and the private sector outweigh the compliance costs? Most employers, I would like to state, do support employment equity, but they are fearful at the prospect of the government mandating the collection and the reporting of reams of material. We also should recognize that by the year 2003 --
Mr Chris Stockwell (Etobicoke West): On a point of order, Mr Speaker: This is an important issue, and there should be a quorum here to hear it.
The Deputy Speaker: Would you please verify if there is a quorum.
Clerk Assistant and Clerk of Committees (Ms Deborah Deller): A quorum is not present, Speaker.
The Deputy Speaker ordered the bells rung.
The Deputy Speaker: A quorum is now present. The member for Waterloo North.
Mrs Witmer: I'd like to deal with the historical overview of Bill 79. As we know, employment equity has always been a stated goal of the NDP government. It was an element of the 1985 accord with the Liberals.
In May 1990, the now Premier, Mr Rae, introduced a private member's bill, Bill 172, that would have required all companies with annual payrolls of more than $300,000 to develop and post detailed employment equity plans within one year. Penalties for failing to comply included fines of up to $100,000 for a first offence and $200,000 on any subsequent offence, with the legal onus on firms to prove innocence once a complaint from an employee had been lodged.
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In November 1990 in their first throne speech, and in each subsequent throne speech, the government has identified employment equity as a government priority. In March 1991, the government appointed an Employment Equity Commissioner, Juanita Westmoreland-Traoré. On November 5, 1991, the discussion paper Working Towards Equality was released by the Ministry of Citizenship office of the Employment Equity Commissioner. Between January and March 1992, a consultation process involving public hearings took place in nine Ontario cities. During that time, the Employment Equity Commission did receive approximately 400 briefs which they indicate they have used as a basis for Bill 79.
Although the commission asked for public input and did receive these briefs, the government's bottom line has always been that employment equity will be legislated and it will be mandatory for both public and private sector workplaces in Ontario.
On June 25, 1992, Bill 79 was introduced and a second discussion paper, Opening Doors, based on the public consultations, was released. Then, of course, on June 16 of this year, the draft regulations for Bill 79 were released, and the government is going to be accepting submissions on the regulations until October 29, 1993.
Let's take a look at the substance. On June 25, 1992, the Minister of Citizenship introduced mandatory employment equity legislation. The legislation targets four designated groups: aboriginal peoples, people with disabilities, racial minorities and women.
The public, the broader public and the private sectors will be required to comply in varying degrees with the legislation. The draft regulations for Bill 79 provide detail on the definition of the designated groups, the reporting procedures and employee participation in both organized and unorganized workplaces. Regulations on how the act applies to aboriginal workplaces and the construction industry are presently being developed separately.
Let's take a look at the Ontario public service, the broader public sector employers such as our hospitals, our municipalities and our school boards who have 50 or more employees and the private sector employers with 100 or more employees, because these individuals are going to be subject to full requirements. What does that mean? That means that a workplace analysis will take place to determine the present status of their employees. That's where the self-identification takes place. There will be a review of formal and informal hiring employment practices to identify any that may be discriminatory, and there will be the development and implementation of an employment equity plan which will include numerical goals and timetables.
There will be streamlined requirements, as opposed to full requirements, that will be developed by regulation for the broader public sector employers with 10 to 49 employees and the private sector employers with 50 to 99 employees. Small businesses with 50 or fewer employees will be exempt as will broader public sector employers with 10 workers or less.
What's been told to us is that the legislation is going to be phased in, the time is going to depend on the size and the sector and after the proclamation of the legislation, compliance will be required as follows: 12 months for the public sector, 18 months for the broader public and private sector employer with 500 employees or more, 24 months for employers with 100 to 499 employees and 36 months for employers with 50 to 99 employees.
The Employment Equity Commission is going to be established to implement, administer and monitor compliance. They are going to be responsible for evaluating the effectiveness of the measures being taken by employers. They are going to have considerable power to interpret the act.
Let's take a look at what's happening at the present time at the federal level. In 1986 the federal government proclaimed its Employment Equity Act, and it requires 33 crown corporations and 397 federally regulated companies to file annual reports on the employment status of designated groups within their establishment.
The law has been criticized because it does not set penalties for failure to meet goals, and there has also been some criticism of the definitions. Unfortunately, as I pointed out earlier today, we are using the same definition of "disabled" as is presently being challenged in the courts under the federal regulation.
I want to point out again that no other province has such far-reaching employment equity laws for the private sector, although Quebec does have a law for companies that do business with the provincial government.
I want to now take a look at the actual bill itself, starting with the preamble. The form and the content of the preamble are without precedent in Ontario. No other statute contains as lengthy and accusatory a preamble, setting out why the legislation is required. The accepted form of a preamble in this province is a short, concise statement which establishes the purpose and the objects of the legislation. It is totally inappropriate for a preamble to state as a conclusive finding that the underrepresentation of members of designated groups in most areas of employment is the result of "intentional and systemic discrimination."
Discrimination is partially responsible for a percentage of the problem, but it cannot be denied that other factors have also contributed to the underrepresentation of designated group members in the workforce, and this is what the government should acknowledge. This bill fails totally to acknowledge that underrepresentation of the designated groups in the workplace results from many historical, social and demographic factors. I'd like to speak to four of them.
First of all, we need to remember that the individuals who make up an employer's present workforce may have been hired at a time when the composition of the community from which the workforce was hired was different than the present day.
Further, this bill totally ignores the educational and the training barriers which do prevent members of the designated groups from acquiring the skills that are necessary to enter various positions. When I met with women from the women's directorate, they indicated to me that they recognized that one of the greatest barriers for women in moving up the employment ladder was the lack of education and the lack of training. Those opportunities needed to be provided for women, and that's been totally overlooked by this government. They fail to acknowledge that's been a factor in the underrepresentation of women in the workplace.
Thirdly, social conditions such as the availability of child care or transportation for the disabled have been a reason for the underrepresentation of the designated groups in the workplace. For any mother, and I acknowledge that myself, the lack of availability of child care does present a very formidable obstacle.
Finally, the bill fails to acknowledge that the operation of seniority principles and collective agreements is part of the reason that the designated groups are underrepresented in the workplace.
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The failure to recognize, or take steps to recognize and rectify these factors, and at the same time to then require employers to achieve employment equity in spite of these factors is somewhat unreasonable. I ask, what measures has the government introduced to ensure that members of the designated groups do have access to training and educational programs? The government has chosen to require the private sector to assume responsibility for employment equity rather than address the education equity issues that are primarily the responsibilities of the province.
Also, the province, the government, needs to address the pre-market discrimination. They need to make a commitment to public expenditures such as child care, such as student loans, such as English-as-a-second-language training and skills upgrading. I know there are many people in my own community who wish to attend the University of Waterloo and Wilfrid Laurier University who are prevented from doing so because of child care and because of a lack of availability of student loans. We need to be taking a look at addressing pre-market discrimination.
I'd like to take a look now at "entitlement," section 1. Bill 79 refers to the Ontario Human Rights Code and the right of every person to equal treatment in employment, but in fact overrides the code's requirements with respect to the designated groups because distinctions, which employers have been prohibited from making under the Ontario Human Rights Code, such as distinction based on race, will now become required to achieve employment equity goals.
The bill indicates that the Human Rights Commission is to refer complaints against employers to the Employment Equity Commission. However, the reference to the Ontario Human Rights Code in the act creates the very real potential for both the Employment Equity Commission and the Human Rights Commission to assert that they have authority to investigate a complaint arising out of the act. This may result in the development of inconsistent decisions and it's certainly going to create confusion for employers in this province. An employer could even be faced with double jeopardy if both commissions decided to proceed with a complaint.
The reference to the Ontario Human Rights Code is inappropriate because, although Bill 79 and the code may be related pieces of legislation, they are directed at two very different issues. Employment equity is concerned with the composition of an employer's workforce without regard to the identity of specific individuals. Human rights legislation, in contrast, does not deal with collective employer statistics but rather is directed at the treatment of individuals by employers. I hope the government will take a look at that section 1.
Section 2, "employment equity principles": Principle 2 requires employers to "reflect the representation of aboriginal people, people with disabilities, members of racial minorities and women in the community" in their workforce.
Employers will be required to ensure that workplaces in all occupational categories reflect the number of individuals from the four designated groups in the same proportions as these individuals exist in the community at large. This proportionality requirement defines the labour pool in a far broader manner than a true labour pool because it fails to recognize that not all members of the designated groups are both available or qualified to do the work. We know that since education and training have been a barrier, there are, unfortunately, many who are not qualified to do the work, and that's where we need to be concentrating our energy and our attention: on making sure they have the educational and training qualifications to compete.
The bill should be amended to make it clear that employers will only be required to ensure that their workforce reflects the representation of qualified members of the designated groups in the community.
Proportionality may also be an unattainable standard for many employers. It would be extremely unlikely that an employer with fewer than 500 employees would have a chance of having proportional representation of all designated groups in all occupational levels.
"Definitions," section 3: Definitions for the terms "members of racial minorities," "aboriginal people" and "people with disabilities" are not defined in the act. The definitions included in the regulations are vague, and I've pointed that out earlier today. It can certainly lead to employee confusion when they fill out their employment equity surveys, no matter how much education you provide for individuals.
The definition in the regulations for "member of a racial minority" states, "means a person who, because of his or her race or colour, is in a visible minority in Ontario." It is conceivable that because of the vagueness of this definition, an individual from Eastern Europe could identify himself or herself as a visible minority. Conversely, a person may self-identify as a Canadian only and object to being identified as a racial minority.
Recently, we have certainly read in the newspaper about the types of individuals who refuse to be identified as racial minorities because they perceive themselves to be Canadian only. I also want to mention to you that I received a letter from an individual not too long ago who indicated that he was a white male who couldn't find a job and he now is going to identify himself, because he was from Eastern Europe, as a member of a visible minority. These are the problems we're going to run into with the definitions: people identifying themselves perhaps inappropriately.
Statistics Canada census figures do not include racial group information. Statistics Canada only estimates racial population groups from information as to ethnic origin, language and religion. General population data tell us nothing about the availability for employment and include persons not even in the workforce. As a result, you can see that there are going to be some real problems.
The definition in the regulations for "persons with a disability" states, "means a person who has a persistent physical, mental, psychiatric, sensory or learning impairment and,
"(a) who considers himself or herself to be disadvantaged in employment by reason of that impairment, or
"(b) who believes that an employer or potential employer is likely to consider him or her to be disadvantaged in employment by reason of that impairment."
This is the definition I spoke about earlier today. It is the same definition as found in the federal Employment Equity Act regulations, it is a definition which has proved very problematic and it's being challenged in the courts. I really question why this government chose to use that problematic definition, because the Bank of Nova Scotia and the Toronto-Dominion Bank have indicated that it's too vague and that it cannot be determined with certainty which employees fall within its scope. The banks, both of them, have complained that the law did not allow employers to quantify accurately the number of disabled persons in their workforce because many people with disabilities did not believe they were handicapped in the context of employment.
Recently I heard from a student at one of the universities in Ontario who indicated to me that he was not going to be accepted into graduate school at this particular university because he did not identify himself as one of the four designated groups. However, he could have designated himself as a person with disabilities. He indicated he wished to be accepted because of his ability and not his disability.
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These are the types of choices that individuals across this province are going to face.
Recently, in talking to a group of students who were graduating from high school and applying to university, they were also concerned because they had been asked to self-identify and check off. One of the girls said to me, "I know the reason that I was accepted,'' and again it was the same university, and she said, "Because I checked off female, I checked off visible minority, I checked off disabled because I have a lisp." She said, "Mrs Witmer, I don't want to be accepted at that university because I'm designated in three groups; I want to be there because of my ability." I want you to know that young people in this province today feel very strongly and feel they can compete on a very equal basis, and they do have some concerns about the need to self-identify.
I also know there are employees within the union workplaces who are being encouraged not to self-identify. There are going to be some very, very serious problems with the self-identification, and there is a great reluctance, I want to tell you, on the part of many individuals to identify themselves as being a member of the designated groups.
Back to the Bank of Nova Scotia and the TD Bank: The banks complained of the unfair catch-22, that the more they did to accommodate disabled persons, the less likely were those with disabilities to identify themselves as so in voluntary surveys. In fact, those two banks stated that less than 12% of their workforce with permanent impairments considered themselves to be disabled according to the federal definition. So you can see there is going to be some problem with the definitions.
Statistics Canada has stated that this definition introduced a number of subjective elements which render it -- meaning a disability -- a very difficult concept to measure consistently in a statistical sense since the label of disability is based on a person's own perception of being disadvantaged.
An individual may in fact have a physical impairment but not be counted as disabled if they do not consider themselves disadvantaged, and many disabled persons do not, I can assure you, consider themselves disadvantaged, and they're not.
The result of imprecise definitions is going to be either overidentification or underidentification in the voluntary self-identification process.
Reluctance to self-identify will probably affect the employer's success in achieving an accurate numerical target. There is no mechanism in Bill 79 at the present time for the employer to dispute a failure to self-identify even if the person's membership in one of the four designated groups is obvious.
It's regrettable that the government is committed to maintaining mandatory self-identification which at the federal level has been recognized as resulting in unreliable data.
I can assure the government that the issue of definition, the issue of identification is going to create some problems as we determine the targets, the goals and as we do the workplace survey, and I hope the government is prepared to introduce amendments which will alleviate some of those concerns.
I want to now take a look at the term "employer." It's defined as including trustees and receivers. Trustees and receivers are required under the provisions of the Bankruptcy Act to act in the best interests of the creditors. Obligations imposed on trustees and receivers under the act will require them to act in a manner which may not be in the best interests of the creditors and may have the effect of reducing the creditors entitlement.
These contradictory obligations simply cannot coexist.
Let's take a look now at the implementation and the maintenance of the employment equity plans. We should recognize, up front, the cost of compliance. A proper review is either going to require the retaining of an employment equity consultant or the training of existing personnel. Many of these measures are going to require a tremendous time commitment and financial commitment on the part of the employer.
During the public consultation process, as the minister knows, many of the participants recommended the use of financial incentives and grants and the provision of low-cost or free technical resources to employers to ease the financial burden of compliance. Unfortunately, the government has totally ignored these recommendations which would have provided assistance, grants, incentives and low-cost or free technical resources to employers.
Ontario employers have the following obligations: Under Bill 79, they must recruit, they must employ, they must promote employees according to employment equity principles and the employment equity plan contained in section 8.
In line with section 12, the bill should be amended to provide that employers make reasonable efforts to implement employment equity.
The bill should state that the employer's right to hire on the basis of qualifications is maintained. Unfortunately, that is totally absent from the bill. There is no mention that the employer has the right to hire on the basis of qualifications.
Ontario employers have to ensure that staff are responsible for recruiting, supervising, evaluating or promoting employees and that those people are aware of and observe employment equity law and the employment equity plan. That's in section 8. That's quite a responsibility.
In section 9, they have a responsibility to collect employment equity workplace surveys and collect information to determine the extent to which members of the designated groups are employed. The collection of workplace information is going to create potential problems because section 9 allows employees the right to not answer the questions in the survey which provides this information. As a result, how can employers in this province be sure they are getting accurate workplace information when employees do not have to fill out the forms?
It doesn't appear that there has been any attempt made to accommodate employer concerns, which were expressed during the consultation period, that individuals who have been accommodated by an employer at considerable cost could refuse to self-identify, notwithstanding their obvious membership in one of the four designated groups.
Employers are going to do the survey every nine years. In section 10, they are required to review their employment policies and their practices. They need to identify and remove the barriers to hiring, retention and promotion of designated groups, including terms and conditions of employment that adversely affect members of the designated groups.
The employer needs to prepare an employment equity plan which must provide for the elimination of barriers identified, the implementation of positive measures to recruit, retain and promote members of the designated groups, as well as specific goals and timetables with respect to the composition of the workforce. That's in section 11.
In the case of an employer who has a number of branches or work sites, each branch can have a separate chapter or component in the employment equity plan as long as the entire workforce is covered under one overall plan. Unionized and non-unionized employees will be covered in the same plan.
Then they need to file a certificate with the Employment Equity Commission that the plan has been prepared. This must be filed within six months, and it will include the total number of workers in each occupational group; the number of designated members in each occupational group; the number of full-time, part-time, term and seasonable workers in each occupational group; and the number of designated members in each of these categories, as well as the total number of workers who completed a workforce survey.
I think you can see there is going to be a tremendous amount of time and financial resources required to go through the steps of employment equity.
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Small employers must report the total number of employees in their workforces and the total number of designated group members in their workforce. Employers who have more than 500 workers are also going to have to provide information about the number of designated group members in four salary-range groups.
Employers must make all reasonable efforts to implement the employment equity plan and to achieve the goal in accordance with the timetable set out in section 12.
In section 13 it talks about the need for the employer to review and revise the employment equity plan every three years.
In sections 14 and 15, it asks the employer to consult with employees concerning the development, implementation and review of the plan.
Then the employer in section 16 is asked to post information about employment equity, and in section 17 he or she is required to maintain employment equity records in respect of the workforce.
Section 18 asks them to prepare a report at the end of each three-year plan, showing what progress has been made in each category. The report will only be submitted to the Employment Equity Commission upon request, and a new certificate will be required. This report at the end of each three-year plan will include the numerical goal set out in the employment equity plan; the number of job opportunities in each occupational group that were filled during three years of the plan and the number filled by designated groups; the total number of employees in each occupational group at the beginning and end of the plan; and a list of the qualitative measures in place.
Small employers will prepare a final report that states the total number of employees in the workforce and the total number of designated group members in their workforce at the beginning and end of the plan; a list of measures put in place to get rid of barriers; a list of qualitative measures that have been put into action.
I think it's very obvious that a tremendous compliance cost is going to be involved in order to implement and maintain the employment equity plans. Employers in this province at this time are going to be required to devote a tremendous amount of money and time to do the survey and to come up with the plan. As I indicated before, they are going to have to hire consultants, they're going to have to train their own personnel and, obviously, lawyers will probably be involved.
Let's take a look now at the regulations. The most disappointing aspect of Bill 79 is that most of it has been left to regulations. In many sections throughout the bill we see reference to "subject to regulation" or "as defined by regulation." Many of the difficult and the most controversial aspects of the legislation are going to be enacted and amended by way of a regulation passed in cabinet, without any opportunity whatsoever for public debate. I am very concerned that there will not be an opportunity to debate those changes. This is an important piece of legislation, and the public does need to be consulted at all times when changes are made.
There are some positive aspects of the regulations. The employee surveys, the employee system reviews, will not have to be redone if the earlier work meets the criteria, and the fact that there's equal representation on the coordinating committee of unions and management is a positive aspect, as well, of the regulations.
I'd like to take a look now at the issue of quotas. The government has continually insisted that Bill 79 is not based on quotas, yet we must acknowledge that it still is a numbers-driven system. The government has defined a quota as externally imposed -- that's a very limited definition -- and has defined a goal as internally generated.
I want to tell you that the dictionary, on the other hand, defines quota as "the share or proportion assigned to each in a division." The objective of Bill 79 is to ensure that every employer's workforce in all occupational categories and at all levels of employment reflects the designated groups' representation in the population in the community. If that is the objective of Bill 79, it fits the dictionary definition of quota.
The bill requires an employer to create a representative workforce by meeting "numerical goals" -- in other words, quotas -- within a specified period. This will inevitably create pressure on employers to hire candidates who are members of the designated groups over members of the non-designated groups in order to meet "the goals within the deadline."
The issue is not whether someone possesses the minimal skills or qualifications needed for the job but whether the most qualified candidate is going to be passed over, must be passed over, in favour of someone less qualified.
Bill 79, unfortunately, does not expressly preserve the employer's right to hire the best-qualified candidate: the merit principle. Without the merit principle, without the employer's right to hire the best-qualified candidate, race and gender may well be identified in the minds of people like never before. There may be a perception of special treatment, and anyone who does earn a position based on merit may have their achievement stigmatized by those who believe that this individual was hired to meet a quota.
Certainly we do have some concerns about the area of quotas, and also the fact that the employer's right to hire the best-qualified candidate, the merit principle, is not preserved within Bill 79.
Let's talk about the merit principle, because really, the most important question about numerical goals and timetables is whether they are consistent with the merit principle. If you remove the barriers to employment -- in other words, if you remove the physical barriers, if you provide the training and the educational opportunities, if you provide language training, if you provide child care etc -- then the members of the disadvantaged groups should be able to be subjected to the competitive process, and hence, hired on the same basis of merit.
Bill 79 makes no mention of job qualifications, and it does not, as I indicated before, preserve the employer's right to hire the best-qualified candidate. The employer's defence of having taken "all reasonable steps" to achieve the goals and timetables set out in the employment equity plan gives the tribunal the power to determine what is reasonable. If the employer fails to achieve the goals and timetables because of adherence to the merit principle, a fundamental issue which should be addressed in the bill and is not going to be -- it is going to be decided by an agency of the government that is totally removed from the Legislature. That's a tremendous amount of power to give to an outside agency.
Let's also take a look at how many or how great are the opportunities for any changes taking place in the workforce at the present time, recognizing that we are in a recession and that there isn't a great deal of new job creation taking place at present. In fact, most employees are desperate to retain the jobs they have.
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The difficulty of meeting the numerical goals within a timetable is going to be gravely compounded by this economic recession which we're experiencing. Because employers are reducing or simply maintaining their existing staff, there are very few opportunities existing for changing the makeup of the workforce at the present time.
As well, subsection 5(2) provides that the operation of a seniority system of layoff and recall, either under a collective agreement or an established employer practice, does not in itself constitute a barrier under employment equity which must be removed.
Now, the operation of a seniority system, as we know, tends to entrench the employment of older white male employees and disproportionately affect recent immigrants or women who have recently moved into non-traditional jobs. By preserving seniority rights, Bill 79 preserves the principle of fairness to existing employees, but it does make the employer's task of changing the makeup of the workforce very, very difficult at the present time when the economy is slow and no new jobs are being created.
Legislation which protects a union's security clause and places no obligation on the union for implementing employment equity, while at the same time holding the employer liable for failure to comply with the legislation without any exception, where the employer's efforts are effectively frustrated by the seniority clause, is totally unacceptable. The bill needs to be amended to excuse employers for non-compliance where this is due to the seniority clause.
Let's take a look now at the unionized workforces. The bill indicates that where a union represents employees, the responsibilities relating to the collection of workplace information, the review of employment policies to identify barriers, the preparation of the employment equity plan and the review and revision of the plan are to be jointly carried out by the employer and union with respect to the unionized part of the workforce. If more than one union represents employees, a committee must be formed composed of one representative of each union and representatives of the employer not exceeding the number of employee representatives. There is absolutely, and unfortunately, no mention of non-unionized employee participation on the committee that is to be formed.
Despite the fact that the union is going to involved, the responsibility for compliance is going to rest solely with management. Bill 79, however, does require that unionized employees participate in the preparation of the employment equity plan; however, it requires that the non-unionized employees only be consulted. So it places an employer who has both unionized and non-unionized employees in a very difficult position. He or she is going to be treating those individuals differently because this government has determined that unionized employees are entitled to participation on a committee and entitled to preparation of the employment equity plan but that non-unionized employees are only to be consulted. This is very inefficient and it is certainly unfair to the non-unionized employees.
The inclusion of specific reference to a seniority system of layoff and recall in subsection 5(2) implies that the operation of seniority systems in the case of promotion is open to challenge under employment equity. Under many collective agreements, seniority is the determining factor on promotion if the applicant is qualified.
Now, if a member of the designated group applies for a promotion and is qualified, the employment equity obligation will conflict with the collective agreement. In this situation, an employer is going to be faced with either complying with the collective agreement and facing a potential discrimination claim, or he or she will violate the collective agreement to achieve the employment equity goal.
Unions may also be troubled that Bill 79 allows parties to amend a collective agreement to resolve a conflict. This could prove very expensive and it could prove very time-consuming. It would be better to allow the change to be incorporated at the expiry of the collective agreement.
Let's take a look at the cost. As I've indicated before, there's a tremendous compliance cost. I want you to know that this legislation is an employer's nightmare but it is a lawyer's and a consultant's dream, because a proper review is going to require either retraining a present employee or hiring a lawyer or consultant. As I indicated before, there's going to be a tremendous commitment of time and money involved.
Again I ask the question, will the administrative costs of employment equity affect the ability of Ontario businesses to remain competitive, particularly during the present economic climate?
Let's take a look at the cost of the commission. This bill creates yet another administrative agency, the Employment Equity Commission, and an adjudication body, the Employment Equity Tribunal. Rather than create this new layer of bureaucracy, there have been some people, particularly in the business community, who have requested that concerns about employer policies and procedures should be adjudicated by the body already established for that purpose, the Ontario Human Rights Commission.
The 1993-94 estimates indicate that the budget for the Employment Equity Commission is going to cost $6 million. Now, when Bill 79 was introduced in June 1992, the minister indicated that $4 million was allocated for the commission in 1992-93. We see already that the cost has increased to $6 million a year. If the experience of the Ontario Human Rights Commission is any example, the Employment Equity Commission will become increasingly enmeshed in fighting specific battles to the detriment of long-term policy development. I hope that's not going to be the case.
Let's take a look at the compliance costs. We know that a policy of employment equity which seeks to ensure fairness and non-discrimination in employment practices is positive and will certainly be beneficial to all organizations and all people. We also believe that hiring and promoting the best people from all segments of society makes good sense.
However, I think we need to recognize the compliance costs, the costs of collecting and reporting the reams of material and also the fact that a proper review is going to require the retention of either an employment equity consultant or a lawyer or training existing personnel.
Employers as well are going to be responsible for measures designed to meet the needs of persons with disabilities in accordance with the Ontario Human Rights Code. Examples of these measures are going to include -- this is what employers are going to be responsible for -- communications and human support services, for example, access to a sign language interpreter, technical aids and devices; changing the design of the job itself by using things like flexible hours of work or job sharing and changing workstations, for example, having special chairs or lowering filing cabinets; and improving access to the workplace by providing wheelchair ramps or elevators.
I think it's obvious that there is a tremendous cost involved. I think it's most unfortunate that the government did not respond to the participants who during the public consultation process, recognizing the high cost of compliance, asked that the government provide financial grants, incentives and low-cost or free technical resources to employers to ease the financial burden of compliance. It's most unfortunate that this request for some assistance has been totally ignored by the government.
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Let's look at the power of the commission. The power of the commission is troubling. Basically, the commission may, without a hearing, order an employer to take any steps specified by the commission that it considers just in achieving compliance with the legislation. The penalty for failing to comply is $50,000.
Effectively, the tribunal can appoint someone to write and implement your employment equity plan for a business at the business's expense. This would result in quotas. Given that an organization's employment equity plan is a strategic document covering all employment practices and targeting key issues such as workplace size, composition and configuration, granting this power to the commission would be tantamount to appointing a receiver to run an employer's business.
The employer's defence to a charge of non-compliance is to prove that its plan complies and that it has made all reasonable efforts to carry out the plan and to achieve the goals set out in the plan within the timetables. Clearly, it will be vital to maintain records that support a claim of having made --
Mr Steven W. Mahoney (Mississauga West): On a point of order, Mr Speaker: We don't appear to have a quorum.
The Acting Speaker (Mr Noble Villeneuve): Is a quorum present?
Clerk Assistant and Clerk of Journals (Mr Alex D. McFedries): A quorum is not present, Speaker.
The Acting Speaker ordered the bells rung.
The Acting Speaker: A quorum is now present. The honourable member for Waterloo North can continue her participation in the debate.
Mrs Witmer: Speaking to the power of the commission, which I indicated I found troubling, the employer's defence to a charge of non-compliance is to prove that its plan complies and that it has made all reasonable efforts to carry out the plan and to achieve the goals set out in the plan within the timetables. Clearly, it's going to be absolutely vital for any employer to maintain records that support a claim of having made all reasonable efforts.
During the audit process, the commission has the right to arrive at an employer's workplace without advance notice and demand access to documents. That's quite a power to give to a commission.
The proposal to accept complaints is certainly also subject to controversy, because section 26 provides that anyone can launch a complaint that the legislation has been violated. As is very evident from the experience of pay equity, allowing complaints is a sure way to grind the system to a halt, particularly in the public and the broader public sectors.
At the federal level, complaints against the major chartered banks by a coalition of groups representing people with disabilities have resulted in several years of investigations and countersuits. A great deal of money, unfortunately, has been spent on lawyers as opposed to advancing the cause of employment equity.
I also hope that this government will take a look at harmonizing the reporting requirements and that this is done before Bill 79 is given royal assent. Ontario businesses are already struggling under the heavy regulatory burden of a myriad of legislation that has been introduced by this government. Certainly, if they can harmonize the reporting requirements with the federal government, this should be done, because we need to do whatever we can to reduce the burden on the employer at the present time. The employer should be concentrating on expanding the business and creating new jobs, not on dealing with a myriad of legislation.
As I take a look at this legislation, I want to tell you that our party does have an alternative. We do believe very strongly in the need for equality of opportunity instead of equality of outcome, as is trying to be handled here. I think we have to be very careful that this legislation is not seen to be giving preferential treatment to some individuals within our province by virtue of the group to which they belong.
Our party believes very strongly in a policy of employment equity which will seek to ensure fairness, which will see non-discrimination in employment practices and which is positive and beneficial for all organizations. We believe very strongly that we must hire and we must promote the best people. Certainly I've personally been involved in a school board where that was done, where the number of women has been increased as far as positions of responsibility, but it was only done if the barriers and after those barriers to employment were removed.
The barriers I talked about before, the key barriers to employment in this province, are education and training. Unfortunately I do not see this government taking any positive steps to ensure that members from the four designated groups -- women, those with disabilities, visible minorities or aboriginal Canadians -- are provided with the appropriate educational and training opportunities.
Only if those barriers to employment are removed will the members of the disadvantaged groups that are referred to in this legislation be able to be subjected to the competitive process and hence hired on the basis of ability and merit, and certainly that is what most people in this province are looking for. They feel very confident that given the education, given the training and given the removal of some of the barriers, they can compete and they can compete fairly and they can qualify and will be the best individuals for the job.
This government also needs to focus on the pre-market conditions that are presently preventing these individuals from successfully competing for employment opportunities, such as child care, as I mentioned before, the student loans, the English-as-a-second-language training and the skills upgrading. These measures are absolutely essential if we're going to have economic renewal and economic justice. They are absolutely essential if we're going to have our population represented in our workforce.
Equal opportunity can only be achieved if you have economic growth and if you provide educational opportunities. In our New Directions, Volume Two, when we speak about education and training, we have outlined a number of educational and training measures that presently are preventing members from the four designated groups accessing the employment market.
I'd also like to quote from our New Directions, Volume Two, where we say:
"No quota system can substitute for equality of opportunity. Suppressing one individual's opportunity in the interest of another only imposes a new set of inequalities.
"We believe every citizen in this province must have the same opportunity for advancement. Education and training programs must be structured so that all Ontarians have the opportunity to reach their" maximum "potential. Government should be addressing any access problems which can put visible minorities, women," aboriginal people "or disabled persons with disabilities at a disadvantage in the employment market....
"No school or government in this province is ever going to be capable of ensuring equality of outcome, nor should we try to do so."
What we need to do in this province and what the focus of this legislation should be is to provide for equal employment opportunities for everyone in this province.
I hope the government has carefully listened to the presentation I've made today. I hope they will make some very significant amendments to this legislation and I hope they will give very serious consideration to preserving the employer's right to hire the best-qualified candidate for the job, because I can assure you that most people in this province want to be hired on their ability to do their job.
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The Acting Speaker: Questions and/or comments?
Mr Gary Malkowski (York East): Sitting listening very carefully to the member for Waterloo North's presentation, I found it quite interesting. It almost sounds like you're working against this, clearly against employment equity and the legislation. It would seem that way.
You often use terms that relate to language which to me look like discrimination yourself; for example, the use of the discriminatory terms. You talk a little bit about concern with the number and the quality, and you talk a little bit about identification process and self-identifying, and you talk about the concern of the definition of "disability." You used the words "special treatment." It seems to me the language you're using itself is somewhat discriminatory. That's an example of systemic discrimination that we want to see ended.
You talk a little bit about the concerns, and I'd like to hear some suggestions and some constructive criticism. I've yet to hear that. You talk about a concern of employment equity legislation seeming to promote the rights of, how would one say, the concern or the rights of -- you seem to advocate the rights of employers. Employment equity legislation is there to help bring a balance to both employers and their rights and also to persons who are applying for a position.
I want to make sure that when we discuss employment equity, that employment equity is that place to allow fairness and true opportunity for all people who are applying. It's important to understand that the target groups, being those aboriginal people, disabled people, women or people of visible minorities, are the people who need that chance. We want a fair opportunity, when people come to apply, to raise that balance and have true representation within the workforce. That's the intent of employment equity legislation. That's what I want to talk about.
The Acting Speaker: Further questions or comments?
Mr Ted Arnott (Wellington): I want to compliment the member for Waterloo North. I listened to her presentation this afternoon. It was excellent, as always. I think she pointed to the need for the clarification of some of the issues with respect to this so-called employment equity bill.
I find that this government is qualified and an expert in the use of verbiage and terminology which in fact does not reflect the exact nature of the legislation. This, I would argue, is one of those cases. They're saying this is employment equity. The people of Wellington, I believe, looking at this bill, would find that it is not employment equity, that it's reverse discrimination. I find, personally, that this bill will not remove the barriers they're talking about. I think it will lead to job quotas.
From my perspective as the member for Wellington, I've always supported fair hiring practices, with an employer having the right to hire the most qualified person for the job. I think we have to support the principle of merit and the principle of excellence in hiring practices in Ontario. I'm opposed to job quotas based on race or gender. That's the position I put forward any time that anyone in our riding of Wellington has asked me my position on it. But I don't think this bill does any of that, and that concerns me greatly.
We constantly hear from the government side that there is a problem of systemic racism. I don't understand what that is. I wonder if the minister is saying that systemic racism means that most people or a majority of people or even a significant number of people are racist, if most employers are racist, that they can't see through the colour of a person's skin, can't see beyond that, or can't see beyond the sex of an individual person, if that's the only decision that they base their hiring decision on. I wonder if that's what the government's saying.
The Acting Speaker: Further questions or comments? Seeing none, the honourable member for Waterloo North has two minutes in response.
Mrs Witmer: In response to the member for York East in questioning some of the terminology that I've used, I would just draw his attention to the preamble. Unfortunately, this preamble is without precedent, and it is very accusatory. It unfortunately does state as a conclusive finding that the underrepresentation of members of designated groups in most areas of employment is the result of intentional and systemic discrimination. Those are the words of this government in Bill 79; they are certainly not my words, and that's where they were selected.
I also pointed out that we need to recognize that although discrimination is a problem, we cannot deny that there have also been other factors at work, and that is that when the present workforce was hired, the composition of the community was different. I made reference to several other areas as well.
I believe, in conclusion -- and I thank the member for Wellington for his comments -- that the public needs to have some confidence in this government. They need to feel confident that the government indeed wants to be fair, wants to treat all people equally, and if that is indeed the case, then merit will need to remain the paramount criterion for hiring.
Unless that is a goal of this government, I think that some of the support for some of the initiatives that have been introduced are going to slide. The public in this province needs to know that indeed there will be fairness and that there will be equality, equal opportunity for all people as far as employment opportunities are concerned.
The Acting Speaker: I wish to thank the honourable member for her participation and response. Further debate, the honourable member for York East.
Mr Malkowski: It's a real pleasure to be able to participate and join in this debate on Bill 79, employment equity for the designated groups which it's designed to assist: aboriginal people, people with disabilities, visible minorities and women.
Employment equity legislation really, to me, is one of the most important landmark pieces of legislation in society to make sure that we have true fairness and real opportunity for those people coming from designated groups and coming from those places, and it gives people that real chance.
I want to say to people and share with you a little bit of my own experience as a disabled person myself, to talk a bit about what I've heard again and again and again all my life growing up, and all the people I've met throughout life, other people with disabilities and many other people whom I've met from some of the other groups, and people who live in my riding of York East, coming from Thorncliffe Park as well -- that's an area within my riding -- and the stories I've collected.
I want to say to all of you that from all these stories and experiences, lived experiences, systemic discrimination is really what people are talking about. People have a whole host of experiences when it comes to that, and this legislation simply addresses that.
Voluntary compliance does not see any change within the workforce, and the experiences and the stories that people tell me about when people go forward to find real opportunity is one of systemic discrimination. So we take a look, as a government, at how we can truly help people participate within the employment field, to alleviate some of that frustration, because what we found after consultation is that a lot of the support services aren't there. There's a lot of barriers out there for people.
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Let me illustrate one of those, for example: blind people. How would a blind person know if an employer is advertising a job? They simply cannot read the newspaper, they're blind; they can't physically read that information on the page. How would they know if an employer is advertising?
How would deaf people be able to apply for a position if, let's say, you're broadcasting it or even if they read a flyer and it says, "Please contact -- " and here's the phone number, but there's no TTY available for a deaf person?
Those are barriers for disabled people. How are you supposed to contact that employer? How are you supposed to get in there if they don't have a TTY or the human resources to enable you to communicate? How would you do that?
Talking about people who are in wheelchairs, often we see buildings that are simply not physically accessible to people in wheelchairs. How would you be able even to physically enter a building to get that information?
These are some real examples of lived experiences people have right here today. You need to have a full range of information so you can get into that place and full access so that you can pick up the phone and call.
Sometimes people will pick up the phone and if they hear a different-sounding voice or someone with an accent, they say, "Sorry, the job's filled." Then somebody else who may not have an accent calls and of course they say, "Yes, please do send in your résumé." Those are some of the other stories we hear, because sometimes when people call in they're discriminated against based on their accent. These are examples of stories, lived experiences that people have told me about.
The purpose of this legislation is to help remove those barriers that we see as systemic, preventing people from entering the workplace, so we have an appropriate place for people to go in, get the information they need and be able to contact people, whether that be through TTY or Braille or VoicePrint or whatever is available for people so they can have that accessible, a job bank of information that's accessible to all people. That's what we've identified as a government.
Statistics for the population of women, people with disabilities and racial minorities, if you look at the four target groups, really it's a very low percentage of stats shown within the broader group of employed people. We would say these people are really underrepresented and probably underemployed as well. Certainly, that's true within management and within the broader workforce. I think that's a shame. I want to be able to show to both the previous Liberal and the PC governments that I think there's a legacy of inequality. That's the past. We can't change the past, but there is a legacy there.
I'm very proud of the present Ontario government and our Minister of Citizenship, Elaine Ziemba. We've had the courage to introduce this legislation. It's the most important legislation to me and I think to many people within society, because it's going to bring down those barriers to allow those four target groups to have a real opportunity to get that job and to take their place within society.
I truly believe that after the consultation and identification of problems, we'll move ahead in a manner that empowers not only the employers but also leads to self-esteem and self-identification. If someone needs to come forward and say, "Listen, I need Braille," or "I need an interpreter," we need that self-identification in there so that we can accommodate the needs of those people, a real option for people. We're not forcing people to disclose who they are simply for the sake of disclosing. We want that so they can have a real chance.
I remember myself, when I was a younger fellow in high school and I was trying to apply to get different jobs, I simply wasn't given that chance. Nobody offered me that chance. I rarely even got an interview, and that was because I was deaf. They said, "Well, you can't use the phone; you're not going to be able to communicate with people," and I certainly didn't get a chance to use a sign language interpreter. So those were real barriers for me. How are you supposed to get a summer job? How are you supposed to get that summer experience? I certainly didn't have those opportunities.
When I went to university, at Gallaudet University in the States, I finally got job experience there. I had to get that outside of my own country; I had to get it in the United States. I was unable to have any Canadian experience. That forced me to look outside my own home to look for job experience in the States. I had to put that on my résumé and come back. My point is, why are you as a society forcing me to have to move somewhere else, get the experience, then come back here on my résumé and show it to you, and you say, "Well, you don't have any Canadian experience"?
I believe that employment equity is going to go a long way to redressing some of these inequities. It's going to really give us an opportunity to build on the positive experiences of people so that people have credibility when they have résumés when they come forward to be able to participate to get that job. There are a lot of people out there with skills who just need that chance. Many disabled people are qualified and they're employable, and I think stats show that those who have been hired make great employees.
We need to be able to have the proper support services, whether that be interpreters or Braillers or whatever that is, whatever the appropriate support service is that's going to be available for people. That's the best way.
If you look at history so far, since 1985 to 1990 we heard a lot of rhetoric coming out of the Liberal government about employment equity but I saw nothing happen; nothing really changed. It's like a big square there. It was just a lot of talk but nothing really happened. This government is going to do something, and I don't want to see any kind of inaction again.
I'm very proud to stand in my place today in this Legislature and say that we support this legislation and that we're working, being proactive. Even though the economy and times are tough, we know that with the benefits of this legislation, it's really going to help people get back to work and it's going to help with the retraining endeavours initiated by this government.
In closing, I would like to say to all of you that I think it's really important for all the members here to think a little bit more when we come to this place. You tell me if all the people of Ontario are ready to accept employment equity. I think they are. You know why? Because they did vote for us and we're giving them what they want.
The New Democrat members of this government are a true example of employment equity at work. Look at who we are: We have women, a record member of women; I'm a disabled person; we have people of colour in this House, and I'm very, very proud. This is a real working model of employment equity. It can work, and the legislation just needs that chance. I encourage all of you to support it.
I would ask the members of the opposition, whether they be Liberal or Conservative, to please let's work together, let's stop the haranguing and criticism for the sake of criticizing. Give people a real chance. That old strategy simply doesn't work in this day and age. Let's have some constructive, positive criticism. If you have real recommendations, let's hear them. I want to see that all the people of Ontario have a real chance and a real benefit, and I'm looking for your cooperation.
The Acting Speaker: Questions and/or comments?
Mr Arnott: In response to the member for Waterloo North's speech, I asked the government for a definition of "systemic discrimination." I wonder if perhaps the member could go into greater detail to inform me of what he feels the systemic discrimination issue means to him.
The Acting Speaker: Further questions or comments? The member for York East, two minutes in response.
Mr Malkowski: I'm happy to respond by talking a little about systemic discrimination. We're going to talk about invisible discrimination, to compare the two, and questions of standards. We're talking in terms of responding to people when they request to get a job interview. A lot of people get that through networks and through friends and they say, "That's how I got the job." It doesn't really give other people in the broader sector a real chance for that job, because maybe the information wasn't accessible. I think employment equity will go a long way to doing that so the old network system, which I find discriminatory, is no longer in place.
When people apply and see the names on the list, whether that person be disabled or a woman or whatever kind of support service one might need, whether that be interpreters -- in the past employers have said: "Sorry, we don't have interpreters here. We do not have this or that kind of support service."
That's the kind of systemic discrimination, okay? That's the concept that prevents people. I want real access for people to have a real chance. Those are the kinds of examples I'm trying to illustrate to you about systemic discrimination.
The member talked about employment a little while ago, talked a little about reverse discrimination. For heaven's sake, that in and of itself is discriminatory, systemic discrimination.
The Acting Speaker: I want to thank the honourable member for his participation and his response. Further debate?
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Ms Dianne Poole (Eglinton): I am pleased to enter into this debate on employment equity and specifically on Bill 79 which, as you know, is An Act to provide for Employment Equity for Aboriginal People, People with Disabilities, Members of Racial Minorities and Women. It is specifically as the critic for women's issues for the Liberal Party that I would like to make some comments today.
The debate on employment equity is not new. The pressure for employment equity is not new and some of the fears surrounding employment equity are not new. In fact, the bill when originally introduced a year ago, because so much was contained in regulations as opposed in the body of the legislation itself, did engender a lot of fears in the community as to what quotas would mean, as to whether the government was going to be having major interferences in the businesses of Ontario and whether this was going to be the last straw for businesses struggling to survive in the midst of a devastating depression. I was going to use the word "recession" but at times, it seems to me beyond a recession, it has gone on for so long.
When the draft regulations were recently tabled, I think it alleviated some of the fears but certainly not all of the fears. Now with the regulations before us, I think it has engendered a whole new set of questions. Perhaps if I could very briefly go over some of the sections in the regulations of Bill 79 and what impact they'd have prior to making my further comments, that might be helpful.
There was a three-step mechanism for the implementation of employment equity set out in the draft regulation. The first is the workforce survey. According to what the regulations provide, employers will provide a workforce survey based on voluntary employee self-identification to determine the extent of underrepresentation of the designated groups in the workforce, and I'd like to make a few comments a bit later on that particular provision.
The second key element of the draft regulations was the review of hiring and promotion policies and practices by the employer. This would examine employment policies and practices within an employer's structure to identify barriers to employment facing the members of the designated groups.
The third key element was development and implementation of an employment equity plan. "The employers must develop and implement a plan to eliminate the barriers to employment and to increase representation of the designated groups in the workplace."
There were certain measures that must be included in the plan, for instance, an outreach program, and numerical goals for hiring and promotion had to be included. The plan was to cover a three-year period.
As far as the implementation schedule, the Ontario public service, the OPS, and broader public sectors are expected to complete their workforce survey employment systems review and development of employment equity plan within 12 months of proclamation of the bill.
Private sector employers with more than 500 employees are expected to complete this process within 18 months of proclamation. Those with 100 to 499 employees must be completed within two years. Small employers, 50 to 99, must be completed within three years and, of course, employers who have under 50 employees would be exempt from the legislation.
Now I'd like to go into a few of the concerns that we have. There are a number of regulations that impose significant costs and significant requirements on employers.
I'll start with the workforce survey. One of the most interesting concepts about this workforce survey is that it's self-identification by the employees. In other words, for example, they'd say: "Do you consider yourself to be an aboriginal person? Are you a woman?" Results of this survey will obviously be skewed because there's no requirement that the employees actually complete the survey. They must return the survey, but they don't have to answer it.
The other question that I had, and a very significant question I believe, who's going to question a person's right to claim that they fall within a designated category? For instance, if you were a member of an employer's staff and you looked at the situation and you said: "Oh oh, we've got too many white males here. I will fill out this survey to say I'm one sixteenth black." It may or may not be true because there's nobody who can question this.
I would point to a more obvious question. When they ask, "Are you a woman?" what if you said yes when it was quite obvious to all your co-workers, to your employer, to anybody around you, maybe even to your wife, that you were a male. What penalties are there for incorrectly completing the questionnaire? The answer is none. What mechanism is in place to say employees have to fill out the questionnaire? There's actually none. They have to return it; they don't have to complete it.
The bottom line is, what validity are the questionnaires going to have if we can't, first of all, be assured that they're completed accurately and, secondly, if people aren't required to complete them? I just see that this is a bureaucratic measure that's been put in that isn't all that well thought out.
I can see why the government might say: "Well, this will actually decrease the costs of the employer because the employer can just have the employees fill it out themselves. He doesn't need an expensive consultant." That's certainly a valid point, but if you have a questionnaire where you can't rely on the validity of the results, and when it is almost certain that in some cases the employees may fill out the form incorrectly because they think it may guarantee them a job in that particular place, what is the employer to do? You then have a mechanism that is inaccurate and a mechanism that isn't going to help the employer see what the problem is, and there are no penalties for non-compliance. So the bottom line is we have an unworkable and unenforceable mechanism here.
I'd like to take a look at the employment equity plan itself. This section requires employers to set numeric goals -- notice I didn't say quotas -- for representation of each of the designated groups at every level of the workforce. The employer is required to look at the composition of the working-age population within a particular geographic area in order to develop these goals. Employers are only required to look to the number of persons with the right skills or qualifications for a specific job.
I'm glad to see that this provision is in there, but I still do have some concerns with how this is set up. When it says composition of the working-age population within a particular geographic area, how wide is that geographic area going to be?
For instance, in my riding of Eglinton -- I'm in a Metro riding, actually a Toronto riding, but we are very different from the makeup of the rest of Toronto, and the rest of Metro for that matter, in the composition of the people who live and work in our particular riding.
I would submit to you that employers in the last number of years have become much more sensitive to the composition of their workforce. For instance, when I walk into my bank, I notice that there are people who you would call visible minorities working there, a large number of women working there. I'm not saying it was for any altruistic reason, but the banker, as an employer, has decided that it makes good business sense to have people serving the customers who reflect their diversity and their makeup. So I would submit to you that some of these changes are already happening.
But what happens in an area such as mine in Eglinton where the makeup isn't as diverse as it is in the rest of Toronto? Are you going to require employers to meet the makeup of some of the other ridings in the area, such as Fork York, for instance, which might have a very different makeup than my particular area?
I'd like to see some more details about what the particular geographic area is going to constitute and how they're going to determine the composition of the working-age population. Some of these questions are yet to be answered.
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One area of concern is that it's up to this Employment Equity Commission and the Employment Equity Commissioner to determine whether an employer has made reasonable progress towards fulfilling the goals set out in the plan, but we don't have any specific idea of what that is. For instance, there are no time lines or time frames in the legislation or in the regulations to tell us in what time frame the commission has to report. There are no definitions of what reasonable progress is. In other words, it's a very subjective matter.
I'd like to take a look at another element of Bill 79, and that's the employee participation. One of the most contentious aspects of the legislation is the unabashed bias towards organized labour. If you look at the regulations, what they do is require that bargaining agents and employers are jointly responsible for the development and implementation of employment equity plans in the workforce. In fact, section 3 of the regulations goes so far as to provide that any reference to employer in the act shall be deemed to be a reference to the employer and the bargaining agent. However, it's unlikely that the bargaining agent would be jointly responsible for any penalties for non-compliance.
There are many areas of concern with respect to these particular provisions. For example, they allow for encroachment by trade unions on traditional areas of employer responsibility. If you look at hiring, training, workforce management and organization and hours of work, these ultimately have been the employer responsibility. Now there is the possibility of encroachment by the trade unions on these traditional areas of employer responsibility.
As well, an employment equity plan must be approved by the bargaining agent. Now, this could drag employers into a negotiation with the bargaining agent, possibly delaying or impeding the employer's ability to fulfil its other responsibilities under the legislation, and it could possibly complicate labour-management relations.
One of the other concerns -- and actually this isn't a concern I'm raising for the first time -- is that I was not too long ago at an event sponsored by the Canadian Council of Muslim Women and I had the privilege of hearing the new Employment Equity Commissioner, Juanita Westmoreland-Traoré, give a speech on the issue. She made a number of very valid points in the legislation, but one of the things she felt most strongly about was the issue of seniority and how in fact this can be a major barrier to employment equity. In fact, I think you would agree with me that one of the unions' main tenets, one of the unions' main platforms, one of the things they certainly work hardest on to protect their membership, is the whole area of seniority.
On the one hand, I see this involvement by the bargaining agent, to the extent that they have to approve the plan, as being counterproductive to the goal of employment equity. I think there is a real possibility, a very real possibility, of conflict in this area, and as I mentioned earlier, it was pointed out by the Employment Equity Commissioner herself, so she's certainly aware of that particular problem.
If you look at a workplace which is represented by more than one bargaining agent, the union may well require that the same requirements be imposed in all the locations. This may conflict with the intention of the regulations, which is that you ensure that the workplace reflect the composition of the surrounding geographic area. So that is a concern.
Unions are given approval rights at every single step of the process set out in the regulations, and in the event of a deadlock between an employer and a union, the matter is going to be referred to the commission. This could be very costly and very time-consuming, particularly, as I mentioned before, because there are no time frames for the resolution of these matters or the mediation process set out in the regulation or the legislation.
If you look at non-unionized workplaces, there is very little involvement for workers, and in fact it's a marked contrast between what has been provided in the unionized workplace with giving the bargaining agent so much power. We've gone to the other end of the scale with the non-unionized workplace. They merely provide that employers must establish a process for consulting with underrepresented employees, but in contrast to the union provisions, they don't have any role or responsibility in the development and implementation of the employment equity plans. So that is certainly a concern that we have.
One of the biggest issues and concerns I have with this particular piece of legislation is that it's in isolation, that it doesn't deal with education, with training and other related measures which I feel really open up access to the workforce.
If I specifically speak to women in this regard, I think we're making enormous strides over recent years. If you look at the women at university level courses, in post-graduate courses, the numbers are up astronomically over the last decade. There's been a marked improvement. I would submit to you, Mr Speaker, that education and training are the real ways in which we are going to provide equal employment opportunity to the people of this province.
As I mentioned, I was going to specifically speak to women in this regard, but I think women have made those enormous strides. We are finding every year that we are advancing that cause and that we are getting promotions, that we are getting hired for jobs that traditionally have gone only to our male counterparts. So I believe very strongly that the government's initiative was actually in isolation, without dealing with a comprehensive program for education and training.
The government, I believe, has completely failed to move forward with the report on access to trades and professions, and if you look at that particular report, there was something that was quoted by my colleague Alvin Curling, the member for Scarborough North, when he spoke in the House yesterday. I'm just going to repeat a very small section of what he said, because I think it's very important members for the House listen to this. He said that in the report of the Task Force on Access to Professions and Trades in Ontario there was a submission made by the Ontario Human Rights Commission:
"It is the public policy of the government to provide all persons in Ontario with equal rights and opportunities and to facilitate their full contribution to life in Ontario. The right to equal opportunity must be balanced against the right of members of our society to be confidant that the services they receive, particularly in matters which involve their physical wellbeing, are rendered by qualified and capable individuals."
That was the Human Rights Commission that was speaking when it submitted to the Task Force on Access to Professions and Trades in Ontario. That brings up another point I wish to make, and that's the duplication in having an employment equity commissioner and a human rights commissioner, when the Human Rights Commission is actually empowered to look at equity in employment.
There was an estimate by the minister, I believe, over a year ago when she was asked what this Employment Equity Commission was going to cost, and I believe she said somewhere in the vicinity of $25 million to $31 million. That's what she was quoted as saying, and that was on February 7, 1991, on Global Television.
Subsequent to that, at the news conference given in June of this year, the minister could not estimate the cost of implementing the legislation. But I would submit to you, if the minister's estimates originally established $25 million to $31 million to establish what she called an effective Employment Equity Commission, then wouldn't it be better to put some of that money into making our Human Right Commission more effective, into clearing up the backlog and into having one unit take a look at employment equity?
We are creating a separate bureaucracy. We are going to duplicate the process, and what is the minister going to do? Take out of the mandate of the Human Rights Commission to look at employment equity matters? If you get a decision by the Employment Equity Commission that you don't like, are you then entitled to appeal it to the Human Rights Commission or vice-versa?
I'm very uncomfortable with the fact that we have a new bureaucracy set up, when I haven't been satisfied that the existing bureaucracy, if it were made to be effective, if some of that $25 million to $31 million were put into it, whether that couldn't be the answer. To date, I haven't had any ideas to the contrary given to me that there is a need for a separate Employment Equity Commission.
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So I'm not only concerned about duplication of reporting. I'm concerned about the cost, the cost of both the commission that will be set up and the cost to employers. If you look at the commission, the powers are quite far-reaching, but they're very subjective in the decision-making authority, so it's difficult to predict how this body is actually going to react in the future. I can tell you that many employers are very concerned about the wide-ranging powers granted to the commission and about the vagueness of many of the regulations, such as self-identification, which employers will be required to fill.
One of the issues I touched on when I quoted the Human Rights Commission saying "particularly in matters which involve their physical wellbeing, are rendered by qualified and capable individuals" is that of merit. I happen to think that merit is extremely important, that we want to attract the brightest and the best to do a job. What you want to do, instead of discouraging the brightest and the best by putting people who aren't as qualified ahead of them, is to ensure that there aren't systemic barriers.
But two of the methods I suggested which would help, education and training, are two where there has been very little information given. When we look at the issue of merit, when we look at the issue of employment equity, we perhaps should revisit some of our long-held notions about employment equity and where we are today.
I mentioned the fact, specifically related to women, that I thought we had made very major strides in the workforce. I think that is also true of visible minorities. There are obviously cases where there is still discrimination and there are still cases that should and must be brought before the Human Rights Commission. But I read in June an article by Richard Gwyn. I don't always agree with Richard Gwyn, who writes for the Toronto Star, but he really gave me a lot to think about in his June 23 article in the Toronto Star. He made the case that he thinks the employment equity bill actually entrenches race consciousness. And then he asked the question:
"Are Lebanese, Armenians, Iranians, Jews indeed, 'visible' or invisible? How 'native' does a person have to be -- one half? One sixteenth? Should 'disability' really include, as the Canadian Human Rights Commission has ruled, the wearing of glasses?"
Some might think: "Well, this is carrying it to the nth degree. We know what disability is. We know what a visible minority is." But I tell you, the way this legislation is set up, there are a lot of questions that Mr Gwyn points to that have not been answered.
Mr Gwyn also gives some interesting statistics. He says: "Across Canada, the male unemployment rate is now 11.8%. The female rate is 10.9%. Among young men...the disparity in contrast to their female job rivals is a whopping 20.5% to 15.7%."
So he's making the point in the case of women that while, as he does point out in his article, there are still problems, there are still barriers, he feels we haven't taken a good look at our employment equity and what it's to achieve. He says we should be looking at employment statistics now and seeing whether in fact women are employed, whether there are barriers there.
He says, "The fallback argument is that those men with jobs nevertheless have most of the good jobs." He says this is "true-ish." That's his word, not mine. "But not for much longer. A majority of university students are now women, and the gender gap there keeps widening. Anyway, tell that to Kim Campbell."
Then he goes on to say: "According to studies by the Economic Council of Canada in 1991 and 1992, immigrants (most now from the Third World) have higher earnings rates and lower unemployment rates than native-born Canadians (most of them of European origin). More to the point, the studies found no evidence of pay discrimination against immigrants of colour."
So Mr Gwyn's submission is that we're looking at ourselves in a rearview mirror, we're looking at what things were like 10 years ago, and that we really haven't revisited the 1990s to see whether we're truly as discriminatory as Bill 79 would have us believe. He made the point that to criticize employment equity in the past has been to be sexist, to be racist, to be a dinosaur.
"Back then, much of this was justified: Stereotypes did need to be smashed and role models created. Since then, most Canadian dinosaurs have become extinct.
"Economic change is the principal cause. The heaviest job losses have been in the traditional male occupations -- forestry, mining, heavy industry. The principal job growth has been in self-employment -- personal services, stores and restaurants -- where women and visible minorities are most active.
He also brings out the point about seniority. He said:
"Mostly, they've still got" -- he's talking about the larger institutions and the laggard institutions -- "too many white men in suits because another equity rule requires them to respect seniority.
"The specific employment equities are long overdue to be addressed.
"But it's also time overdue for us to stop looking at that rearview mirror."
He concludes:
"We have a chance to become a true distinct society, the first country in the world not to need a clumsy and expensive, and far, far worse, a socially divisive employment equity law because that society is already becoming irreversibly equitable. In short, let's take the dare on us behaving like Canadians -- not like Bosnians."
Now, that is one viewpoint, but I suspect it's a viewpoint that is shared by many people. This legislation presumes that we are as inequitable in 1993 as we were in 1983. I would be the last one to say that there are not inequities left out there. There certainly are inequities. There are still inequities with regard to pay equity. There are inequities in certain workplaces as far as discrimination is concerned. But I think the biggest thing to change this is an attitude change, not weak-toothed legislation that only alienates business that much more but really does not solve the problem.
Can't we as a Legislature say that we should take a look at issues such as employment equity and make sure that we are not setting up another costly, interfering, bureaucratic system when other solutions may be the way we should go? I for one believe that attitude changes can be profound.
I will point to only two examples. One is drinking and driving. It used to be the macho thing to do 15 or 20 years ago, to have a few drinks and get into a car. Yet today, we look at all sectors of society, from our senior citizens right down to our young people, and they not only know but are firmly committed to the fact that drinking cannot be and must not be mixed with driving. That was an attitude change that 15 years ago you would say was impossible, but it was a concerted government effort that actually changed people's minds and people's attitudes.
I'll point to a second example, and that's violence against women. I think we've made tremendous inroads in bringing it to the public's attention. Slowly but surely those attitudes are changing, so that every member of this Legislature now firmly believes that violence towards women is never condoned and is never acceptable.
That's what I would do. That's what I as an individual would do with employment equity: I would work with people, I would educate people, I would train people, not give weak-toothed legislation that can't be enforced. I don't think Bill 79 is the way. It's unfortunate. The intent is very positive, but I don't think this is going to do the job.
The Speaker (Hon David Warner): I thank the honourable member for Eglinton for her contribution to this debate and invite any questions and/or comments.
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Hon Elaine Ziemba (Minister of Citizenship and Minister Responsible for Human Rights, Disability Issues, Seniors' Issues and Race Relations): I listened with great interest to the member opposite, the woman who is critic for women's issues. I was a little bit concerned about some of her perceptions of what has been happening in the labour force and the workforce.
You talked about the bank in your local area. Yes, banks have started to hire people with disabilities, they've started to hire people who are visible minorities and representatives of visible minorities. They've always hired women at the front, low-end jobs. That has always been a woman's role in a bank. But why have banks started to hire different people into the workplace? Because of the federal legislation.
There had to be federal legislation to make sure that banks did start to reflect the communities they were representing. However, now that banks have started to hire people who represent their communities, they have realized that this is good economic business sense, that it has helped their business in the community and it has helped them encourage new customers.
I also want to just bring to the attention of the member opposite, the critic for women's issues as a matter of fact, that in the latest statistics we have, women in the paid labour force are generally concentrated only in 10 occupations. The statistics show us that 41% of women are in the jobs of secretary, sales clerk, bookkeeper, cashier, nurse, food and beverage server, elementary or kindergarten teacher, office clerk, data processing operator and receptionist. This contrasts with 21% of men in the same occupations.
The wage gap between the average woman's and the average man's earnings is still a very large wage gap. Things have not changed that dramatically. Women are still underrepresented in apprenticeship programs and female students are still only represented in 4.5% of the regulated apprenticeship programs.
The Speaker: The member's time has expired.
Hon Ms Ziemba: Thank you very much. I was just getting going.
Mr Mahoney: Mr Speaker, I'd be delighted to move unanimous consent to have the minister make a statement on this if she wishes to carry on with her speech.
I would like to congratulate the member for Eglinton for giving some very positive thoughts to this whole issue. It might seem to some on the surface strange that Liberals would talk against something called employment equity, because employment equity was initiated by the former Liberal government. In fact the Task Force on Access to Professions and Trades study, which was completed by our government, is something that really started the ball rolling. So I think members opposite should realize that when they hear the member for Scarborough North and the member for Eglinton say they can't support this bill, there must be some rather intriguing reasons.
It had something to do, I think, with the points that have been pointed out, that this government has taken a philosophical approach to try to solve an issue and as usual has bungled it. They've set it up so that it's going to become bureaucratic, so that it's going to become extremely expensive, so that indeed it will do the opposite of what it's intended to do.
One of the most interesting comments the member for Eglinton made was that we need to create equitable opportunity for employment. What I have said for some time is that what we're leading towards with this government, with the mismanagement of the economy and with the bureaucratic increases it's creating, is unemployment equity. Everybody's going to be out of work.
You can come up with all of your pie-in-the-sky, wonderful, simple solutions, you can try to couch it under trying to help women when in fact what you need to do is create employment in this province, and then everybody can have an equal shot at it.
Mr Malkowski: I really find very disturbing some of the comments made by the member for Eglinton. There are two points that she raised. Employment equity legislation focusing only on hiring unqualified people? Did she say something like that? Did she say something about hiring only qualified and bright people? Is that really what the intention of her comments was regarding disabled people, racial minorities, aboriginal people, women, that in fact those groups are not bright? I'm shocked at that comment. Is she in fact not bright herself?
The point that I'm making is access, accessibility to every person to have access to employment so that we can look at these different groups.
Mr Mahoney: Don't be misleading the House over there.
The Speaker: Order, the member for Mississauga West.
Mr Malkowski: You mean to say that you're not encouraging this? I'm concerned about this and your second point. I'm talking about the duplication of services.
Discrimination does happen in the workplace. The Ontario Human Rights Commission is way behind in its case load. That occurred under the Liberal government. It was their responsibility because they did nothing about this human rights issue. They left many, many cases back on the back burner, and many people had terrible experiences and that government did nothing about it.
That's why they became angry and voted us in, because they didn't want to see that happen again. They wanted to see the Human Rights Commission reformed. They wanted to see legislation that would be introduced to address this issue, and that's the action we've taken.
Your words are baloney. You've talked about employment equity, but you've done nothing. We've introduced legislation to that effect. We've taken action. That's what we've done here. That is our philosophy, to change this, and that's why we're here.
The Speaker: Further questions and/or comments? The member for Waterloo North.
Mrs Witmer: I'd like to compliment the member on her comments. I think she's raised some very valid concerns regarding the legislation and made some very significant other points as well.
I think the point I'd like to add as well is that we need to develop an economy where equal opportunity is going to be achieved by growth and new educational opportunities are going to be provided that are going to give the unemployed and those who are disadvantaged the training that they need to compete for jobs in the new high-tech industries of the future. What we're talking about is equal opportunity for everybody in this province, and in order to do that we need to first of all concentrate on creating jobs for those individuals.
Again, I'd like to congratulate the member on her comments.
The Speaker: The member for Eglinton has up to two minutes for her reply.
Ms Poole: I thank the various members for their comments in this debate. First of all, I am very disappointed in the unfortunate words of the member for York East, who I believe has deliberately misconstrued what I said. I at no time made any reference to the fact that women and minorities and aboriginal people and the disadvantaged and people with disabilities are not qualified.
In fact I very firmly believe that when they have the benefits of education and training, when they have other benefits that I think it's important for us to provide, they are not only on an equal footing, they can surpass your expectations or anyone's expectations. I think people who have suffered disadvantage in the past are much more liable to try much harder than people who have been advantaged, and with their basic abilities they can compete and they can be the most qualified individuals. I think that's important to say.
With reference to the remarks by the minister when she was referring to the low-end jobs in the bank, I suspect that she hasn't looked around her to see what the banks are doing with the high-end jobs, and I was referring to those. Look at what the Bank of Montreal is doing. Look at their own so-called employment equity, not legislated but what they are doing to promote women within the ranks and to provide them with very good jobs. I think you'll see, Minister, that your comments actually mentioned the fact that changes are already happening, without your legislation.
Ms Sharon Murdock (Sudbury): No. With federal legislation.
Ms Poole: Well, the federal legislation is there. It is providing those changes. But I'll tell you, changes in attitude are what's going to make the difference, not weak legislation such as Bill 79. It is not cutting the mustard.
The Speaker: Is there further debate on this bill?
Mr Robert W. Runciman (Leeds-Grenville): It's interesting to hear the last speaker describe this legislation as weak legislation -- I think that's what she just said -- which makes us wonder where the Liberal Party is coming from in respect to a position on this legislation. We've heard there are some divisions within their caucus, and perhaps they're based on the fact that this legislation doesn't go far enough. I know there are certainly some members who have expressed concerns about the legislation, and the member just described this legislation as weak legislation.
I want to say we in the Conservative caucus would not describe it as weak legislation and certainly members of our caucus, a significant number, wish to participate in this debate. They feel very strongly about the legislation and its impact on Ontarians, the economy of Ontario and a lot of young people who are having their hopes, dreams and aspirations shattered by this kind of intervention on the part of the government of Ontario.
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I'll say that almost on a weekly basis I'm talking to young people, young white males, their parents, people who are frustrated, angry, depressed and disillusioned because of their inability to find work and the fact that so many doors are being slammed in their faces with this sort of initiative, where in effect the government is legislating discrimination. That's what in effect they're doing: introducing quotas, legislating discrimination -- officially sanctioned, mandatory discrimination, that's what this legislation is.
What it does is to shut out a generation or more of young people in this province who have spent many hours achieving an education, working hard to be successful in life, and now they're being told by an NDP interventionist government: "No, we're sorry, you don't have a future in this province. The reality is that most of those doors are going to be closed to you because of the quotas that we are imposing on the job force in this province." That's the reality, whether the government wants to accept it or not.
I want to say that there's a lot of concern about this social engineering on the part of social democrats and that it's not only related to young white males, their parents, their grandparents and their great-grandparents, but also in respect to the divisions it's going to create within the communities within this province, the concerns about fair play and the fact that all of our citizens are not going to be entitled to equal rights without discrimination. In fact, what this legislation says is that some citizens have more rights because of gender and colour. Some are more equal than others.
Currently, the reality in the workforce is that the candidate most suitable or most qualified for the position is going to be selected. What the government is suggesting or indicating or mandating by this legislation is an additional consideration which is paramount in respect to these decisions being made by private sector employers. That paramount consideration will be, is this candidate, is this applicant for the job or for promotion a member of a designated group, one of the designated groups laid down by the government? If not, that employer will in all likelihood be forced to hire a less qualified individual. That could frequently be the case: A less qualified individual will be the successful candidate because the government is saying that individuals selected for promotion or hiring have to be from this designated group.
The government is talking about firms with more than 50 employees drawing up employment equity plans with goals and timetables for ensuring representation of the designated groups. Again, we've said these are hiring quotas, reverse discrimination which is going to create difficulties.
I want to talk about the impact on business. We've certainly seen the business community, business commentators making reference to this legislation and its impact on the business community. We're now in, as we all know, a period of economic depression. We have the government bringing in legislation to try and reduce its expenditures; we have the private sector reducing dramatically throughout the province; we have a significant number of unemployed in this province, a record number of people receiving social assistance, and at this time in our history, this interventionist government decides that this is an appropriate time to bring in yet another bureaucratic requirement of the private sector. It really boggles the mind.
What we're saying to these people is, "If you come into Ontario, if you want to expand in Ontario, if you simply want to exist in Ontario, you've got to forget about hiring and promoting the most qualified candidates." That, in essence, is the message that's being delivered. To investors, people who might look at putting their money into this province, the message out there is, "Investors beware." This kind of interventionist legislation, where the government or some government inspector, some equity policeman, is going to be looking over your shoulder, looking at your books, approving your every move, this is the sort of initiative I guess we should have expected from a socialist government.
One of the members over there said that they were elected because they were expected to impose this kind of legislation on the people of Ontario. Well, I don't think they were elected for that reason. They were elected by a fluke. As someone said, "If the election had been held a day later, they would have been thrown out again." The fact is that in reality we do indeed get the government we deserve, and I guess we deserve this bunch of characters. Is that unparliamentary? I'll withdraw it, Mr Speaker.
But it's unfortunate, because we've seen these kinds of initiatives, this kind of intervention, this kind of intrusion in our everyday lives, which is chasing away investment and profitability in this province. As we see, we're losing jobs at a record rate. We're seeing people forced into poverty situations with little hope for the future. This government is doing virtually nothing but making it an even more difficult situation for all Ontarians.
We simply have to look at Bill 40. What kind of message did Bill 40 send out to investors and employers in this province?
We look at record tax increases, a $2-billion record tax grab by this government in its last budget, and a deficit, on a regular basis, of $10 billion. We're looking at something exceeding $10 billion, probably, this year and we're supposed to be happy with a $10-billion deficit. That's the kind of signal that goes out to investors. They say: "That $10-billion deficit on an annual basis means further increases in taxes in the future. We have to pay for this." That's another message that's being sent out to investors.
Hydro rates have gone through the roof, and we find out today that Hydro is operating at a significant deficit again. In all likelihood, we can look at further rate increases for Hydro.
I can go on. All of these things combined tend to send out nothing but negative messages to people who want to grow and prosper and invest in this province. That's a reality. That's what we have to live with in this province now, this ramshackle gang who don't have a clue where they're going, imposing this kind of social engineering on the people of the province of Ontario, and we're going to pay for it for decades to come.
The young generations of people have no real future ahead of them because of this government, very unfortunate people coming up through the system right now who can look ahead, and it's pretty bleak, it's pretty bleak when they look at the job opportunities, the career opportunities.
Can they match what their parents have had in their lives? What can they look forward to? They can look forward to this government and its raft of inspectors. Talk about growth of government. They've already hired a whole new raft of tax inspectors to try to collect their taxes. Now, we're going to hire a whole new raft of police officers probably. Quota policemen, employment quota cops, will be running around this province, paid at exorbitant wages, probably all former NDP hacks, going through private sector books and businesses, trying to find out where they break the law and then charging them, dragging them through the court systems where they can face fines up to $50,000.
That's another reality, a pretty picture for the province and for people trying to do business, trying to make a buck, trying to support their families, trying to provide employment. That's the reality of today's NDP socialist Ontario: a black, black, bleak, bleak picture. They should be ashamed of it, but they haven't got the brains to be ashamed of it. They lack grey matter.
Mr Malkowski: On a point of privilege, Mr Speaker: What do you mean by "black, black, black"? Is there some of kind of racial overtones to this?
The Speaker: The member does not have a point of order. I invite the member for Leeds-Grenville to continue.
Mr Runciman: That's the kind of inane self-righteousness I will simply ignore, but it's commonplace from that gang over there; "that rabble" is a more appropriate description.
The Speaker: The member for Leeds-Grenville will know that it might assist him in delivering his speech if he's not tempted to use remarks that would show disrespect for other members of the House.
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Mr Runciman: You're right, Mr Speaker. I apologize. I do get worked up about this particular legislation and many of the initiatives being undertaken by this government simply because, whether they want to believe it or not, I'm personally very much concerned about where we're going and what the future is for so many people. I can relate it to my own family, nephews of mine and their parents, their grandparents, who have expressed their concern to me personally about the lack of opportunities in this province. As I said, the future looks very bleak indeed.
These members can get up and express concerns about me using a term like "a black, bleak future" and suggest there's something hideous or some hidden message in that. That's the sort of thing that offends most commonsense, thinking Ontarians, when the people who try to intimidate you if you're not exactly politically correct -- that is the way the NDP has always operated. If you try to express concern about something they're doing or something they're proposing, something they're trying to initiate, if you express concern and use some kind of terminology which has been used for many years and has no negative connotations, they will try to intimidate you by getting up and charging you with something, whether there's some racist implication -- those kinds of things I resent and I think most people of this province resent. We're sick and tired of that sort of reaction and treatment by the NDP and their colleagues.
Interjection.
Mr Runciman: Oh, I've talked about investors.
I want to talk about reverse discrimination. There are a lot of people, and I hear this as well, who are very concerned about what this kind of legislation is going to do. Ontario is a pretty darn good place to live in. Ontarians, by and large, are fair people who can live together and live well together regardless of their race, colour, their origins, their handicaps, what have you. That's been my experience. We've had a few problems, but if you compare us to other jurisdictions we've done pretty well. We get along pretty well. We see changes taking place in society on a voluntary basis.
I went to the theatre the other night and was watching the advertisements before the feature film where a whole new presentation in terms of minorities, visible minorities, was being used in the advertisements prior to the feature film. That's the sort of thing that's happening as really a recognition by the private sector of the changing society in Ontario. We can get along well together. This is not being force-fed to the private sector. They're adapting, and they're adapting with some encouragement, but they do not need, they do not require -- in fact, it's the wrongheaded way to go -- the heavy hand of government. That in effect is what this Bill 79 represents: the heavy hand of government.
I've talked about fairminded Ontarians. The good climate in terms of relations between all sorts of different races and cultures in this province is, in my view and the view of many, many others, going to be jeopardized by this kind of legislation. This is the sort of thing that starts to drive wedges between people, and peoples and cultures.
What happens is that you get a fellow, a young, white male, who has gone to a community college to train for a job on a firefighting force, or he's gone to community college or to university taking a criminology course and wants to be a police officer. We can go through a whole range of areas where these people have devoted many, many hours, their parents have worked hard to come up with enough dollars to get them adequate formal education so they can have a future, an opportunity in this province, and now they're going to find that those doors are shut to them in many cases because these bodies, whether it's the private sector or the public sector, are not going to be able to hire or promote on the basis of merit. They're not going to be able to hire or promote on the basis of the most qualified individual. They're going to have to hire and promote on the basis of guidelines and mandatory requirements laid down by this socialist, interventionist government.
What happens to these people? The resentment builds, it festers, and feelings that were not there in this province in the generations we were growing up with are going to grow and are going to fester. When the young people start seeing a visible minority or someone who has significantly less qualifications than them fill positions they've worked for and their parents have paid for in terms of gaining a formal education experience and what have you, the resentment is going to come to a boil. We're going to have those kinds of problems cropping up in this province. They were not there before, but this government is fostering them. That's what you're going to do. You're fostering them by this kind of interventionist legislation saying: "Qualifications don't count. Merit doesn't count. What counts is gender, colour and a host of other areas." That's the reality.
I want to read you a quote from Howard Levitt, who is a Toronto-based employment lawyer and author of The Law of Dismissal in Canada. I'll quote:
"The theory behind the new act is that these four groups, because of presumed discrimination from birth, cannot succeed on their own merits. An assumption will often be made that a woman or a member of a visible minority only obtained a position because of this legislation rather than on merit. They will then never receive the respect they deserve. The government of Ontario should be promoting a gender- and colour-blind society rather than pitting people against each other on precisely those grounds" -- pitting people against each other. "The tragedy is that this proposed act will make racism and sexism the law in Ontario."
I don't believe this gentleman has any political axe to grind. He's an employment lawyer and an author and has obviously, like many people in Ontario, taken a look at this legislation and is extremely concerned about its impact and the implications.
The previous speaker talked about the Toronto Star columnist Richard Gwyn, and I thought his column was excellent as well. It was entitled, "Job Equity as Seen Through a Rearview Mirror." Gwyn as well raised the spectre of significant divisions in the community of Ontario, "a backlash among young men as they experience reverse discrimination."
I think that is a real concern, one which this government doesn't seem to want to deal with. Gwyn suggested that the implementation of this legislation was idiotic. I think that's an apt description of this government's actions, idiotic indeed, given, if nothing else, the state of the economy in this province, the number of unemployed, the number of people depending on social assistance, the number of people who have truly given up hope for any real opportunity in this province in their foreseeable futures.
Again I want to say it is a mandatory system of officially sanctioned discrimination, which certainly the Conservative Party cannot support.
I want to quote someone else who rarely gets quoted in this Legislature, but I think frequently he is dead on. He has some credentials, I suppose, in the fact that he belongs to a minority in some respects, a minority that has throughout history and throughout the world been the recipient of significant discrimination, and that's the Jewish community. This columnist is Lorrie Goldstein in the Toronto Sun, who has some interesting comments in respect to this legislation, and I'm going to put them on the record.
"Pretty soon, coming to most workplaces near you, will be a survey asking workers to 'voluntarily' define themselves by race, gender, disability, aboriginal status. The results may be confidential, but they will not be anonymous.
"Imagine. Workers in this province, by law, are going to be categorized by race and gender. Incredible. Then again, many other countries have defined their citizens in this way in the past. Why, South Africa springs immediately to mind.
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"Still, it was amusing to see Ziemba, of all people, introducing these 'employment equity' regulations which are ostensibly designed to combat discrimination in the workplace. Just last month a beaming Ziemba and federal Multiculturalism Minister Gerry Weiner presented an ethnic journalists' award and provincial and federal citations to one Arnold A. Auguste.
"Auguste is the publisher of Share," a large ethnic newspaper. "Its ongoing campaign against the staging of the musical Show Boat has provided a forum for some of the most anti-Semitic drivel seen in the public prints in this city since the 1940s, when it was considered acceptable....
"Anyway, Elaine Ziemba and Gerry Weiner just gave this guy their seal of approval. One is left speechless by the ironies on so many levels. Then again, perhaps it's all appropriate.
"After all, today, the same quotas that were once used to keep Jews, blacks and other 'undesirables' out of the workplace may now be used to keep whites and particularly white males out of the workplace. Of course we don't call them quotas any more because that would be wrong. Now we call them 'goals and timetables' because that is politically correct.
"And you know all about those nasty, all-powerful, male chauvinist pig, brutes eh? Those thousands of working-class stiffs who have been losing jobs or who can't find work along with everyone else, in the worst recession since the Dirty '30s?
"Well, they've had it all their way for too long, folks. Now they're going to pay through a new regime which will never achieve what it claims -- hiring people based on merit."
All I can say to that is amen. Goldstein is dead on in respect to this matter.
I can't express our own concerns. I think they will be echoed by other members of our caucus in the days to come in the debate on this, because we consider this legislation perhaps one of the most significant pieces of legislation that we have to deal with in this Parliament in terms of the harm it's going to do to this province, in terms of the harm it's going to do to the economy, in terms of the prospect of getting out of the doldrums that we are currently in in respect to economic growth and, more importantly, when we talk about economic growth, we talk about job creation.
That of course is the major concern, creating jobs and what this government again does, as I said earlier, is send out the message: Investors beware. Stay away from Ontario. There's a growing pile, with the continuation of this government, of messages saying to investors: Beware of this province. Stay out of Ontario, for a whole range of reasons that I talked about before, taxes, debt, deficit, hydro rates, etc, ad nauseam.
Of course the other element that I've been stressing is the fact that for so many people that I talk to there's a growing sense of distress, of disillusionment, of wondering about our future, where we're going to go, what job opportunities we are going to have when we get out of school, what job opportunities are out there for many in their early twenties right now, young, white males who can't apply -- who can apply but simply are not going to have an opportunity to be selected because they don't fit into one of the designated groups.
I want to say in concluding in the next few minutes that, again, this is something that we find terribly offensive. We don't believe it's in the best interests of Ontarians. It's something that's going to come back to haunt all of us in the next few years.
We have to live with this government for, I think, if it takes its mandate to the extreme, another couple of years. They probably will because there's virtually no likelihood, certainly it's the sense of everyone at this stage that they cannot be re-elected, but I don't want to say that, in essence, because I don't think it's an appropriate thing to say.
I think there's a strong feeling that's the case, but the problem with that is that they do have a majority government, they do have two years if they take their mandate to its full limit, and they can do additional significant harm to this province beyond what they have already done.
Interjections.
Mr Runciman: They're still dreaming in Technicolor, as we hear from the comments coming across the aisle. But I guess the only way they can continue to show up here with smiles on their faces is to dream in Technicolor and to pretend that pieces of legislation like this are in the best interests of Ontarians. We know they're not. We know that in fact they're harmful.
They're going to do untold harm to all of us in this province, but especially young people coming up through the educational system, who are out now drawing unemployment insurance or on the social welfare rolls, who simply can't find opportunities out there because of these kinds of imposed quotas by the government: a mandatory system of officially sanctioned discrimination against young, white males, quotas, reverse discrimination, all of the things we find terribly offensive.
I want to end with a quote from a Globe and Mail editorial dealing with this issue as well. I think it really sums things up right on:
"Whatever words you use, the truth is that henceforth decisions on hiring and promotion throughout Ontario will be driven by the employer's need to meet the quota and not by the merits of the individuals concerned. In the name of fighting discrimination, this bill institutionalizes it. In the guise of eliminating race and sex as factors in social and economic advancement, it portends a society wholly obsessed with such distinctions. What a terrible, monstrous mistake."
The other comments by Mr Goldstein certainly sum up my views, and I suspect the views of many of my colleagues in the Progressive Conservative Party. We're very distressed about this legislation and very concerned about its implications for Ontario, for the opportunities for jobs, the growth in the economy and really the long-term best interests of every resident of this province.
The Speaker: I thank the honourable member for Leeds-Grenville for his contribution to the debate and invite questions and/or comments. The member for York East.
Mr Malkowski: Sitting here listening very carefully and having to patiently endure this speech from the member for Leeds-Grenville and those comments, I must say the extreme overtones of not only fearmongering but intimidation and what I can only call misleading the public as to the intent of the legislation, in saying that somehow it's scaring white males, this is really unacceptable. I hope you would correct this misleading fearmongering. Employment equity legislation is not going to stop white, young males from entering the workforce.
Another point I'd like to make is, I'm very proud of my white, young male son, and my other children, and I'm not worried at all about their future or their chances when they apply for jobs. I'm not worried at all. Your comments about unqualified people being hired, do you really believe that? Do you think disabled people or women or visible minorities or aboriginal people are unqualified? Is that what you're intending in your speech? How amazing. Your comments really bother me. Quite frankly, they're unacceptable, they're misleading, and I hope you would set the record straight.
Employment equity is designed to promote --
The Speaker: To the member for York East: He really should not suggest that another member of the House is misleading.
Mr Malkowski: I think it's important to clarify. I think it's important for the public to understand the real intent of employment equity. It's not going to stop white, young males from applying and entering the workforce. I want to be very clear about that and I want to correct the misunderstanding from the member for Leeds-Grenville. That's my point. Employment equity is there to help people and to raise the opportunities for people to have a real, fair opportunity to get that chance to participate.
The Speaker: Further questions and/or comments? We have time for one more today. The member for Etobicoke West.
Mr Stockwell: Once again the member for Leeds-Grenville has brought forward some concerns with respect to this piece of legislation. He's brought forward documentation, experts from the field, in their comments with respect to this legislation.
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Hon Ms Ziemba: The Toronto Sun? Documentation? The Sun is documentation?
The Speaker: Order.
Mr Stockwell: Mr Speaker, he's brought forward -- in the quotes from the newspapers, he quoted from a lawyer who handles these kinds of litigations and has written books on the subject. He commented on the fact that it's going to be regressive legislation. In typical fashion, the NDP offers no alternatives. All they do is have a member stand up and yell "fearmongering, intimidating, scaring," etc. Not one of the concerns that were brought forward by the member for Leeds-Grenville was dealt with in this specific member's response. He did suggest -- this is his suggestion -- that all people who are disabled etc are unqualified. If that's what he got out of the conversation, then clearly he wasn't listening. The point that was made was that the member said it's the qualifications that are excluding specific people in our society.
It's not based on qualification; it's based on quota. It hasn't worked in the United States. Jurisdiction after jurisdiction has proven categorically that it doesn't work, and the best this government comes up with is typical socialist defence, "fearmongering, intimidating, scaring." When there isn't a debate, they name-call.
The Speaker: Since it's 6 of the clock and we must leave this debate on Bill 79. When we next resume the debate on Bill 79, there will be an opportunity for two more members of the House to address questions and comments and for the member for Leeds-Grenville to respond to those comments.
Did the member have a point of order?
Mr Runciman: I'm not sure. I was asking for unanimous consent to complete it so that we don't have to do it on a further day, that's all, Mr Speaker.
The Speaker: If there is unanimous consent to forgo the two remaining questions and comments and the response by the member for Leeds-Grenville, then it's perfectly in order. Is there unanimous consent for that? Agreed.
It being 6 of the clock, and pursuant to standing order 34 --
Mr Runciman: I thought everybody agreed.
The Speaker: Sorry?
Mr Stockwell: We agreed to finish the rotation.
The Speaker: Oh, I see. I thought they meant to forgo it. Okay, I'm sorry, my misunderstanding. All right. I will recognize the member for Guelph.
Mr Derek Fletcher (Guelph): I was listening very closely to what the member was saying about young white males and fearmongering that was going on and how people are not going to be hired. When I look at the legislation and I look at the number of years and the number of people who have missed out on employment opportunities, not because it was someone who wanted to discriminate, but because of the barriers that are in place -- the barriers that are in place, as my friend Mr Malkowski was saying, that he couldn't have the equipment to perform the job -- that's what employment equity is trying to replace.
Interjection: It's systemic discrimination.
Mr Fletcher: It's systemic discrimination. It's systemic discrimination that is going on in the workplace.
It has absolutely nothing to do, and I have a problem trying to fathom where the opposition is coming from, with reverse discrimination. What this is trying to do is actually reverse the discrimination that is going on in the workplace now, not to reverse what is happening to young white males.
Where does it say, where is it written, that only minorities and only disabled people use the Human Rights Commission to get employment? Where does it say that is an option that is only open to certain people but not open to white people? That is something that is put in place for every citizen of Ontario, and every citizen of Ontario should use it.
One of the biggest barriers to employment equity, one of the biggest barriers, is the mind, the human mind. If we cannot open up our minds and allow people, people who are going to work hard, who can be utilized, then that is the biggest barrier to employment equity.
I question where the opposition is coming from when I hear some of the rhetoric that is going on as far as what employment equity is trying to do is concerned, and I think their minds are closed to what we are trying to do as a government.
Mr David Turnbull (York Mills): I'm disturbed when I find in response to a very thoughtful presentation with respect to this bill that we get the member for York East getting up and speaking about a member misleading somebody. I didn't hear any retraction from him, and he used words like "fearmongering," "intimidation" and "scaring." This is absolutely ludicrous.
What we are doing in this debate is bringing forward the concerns of our constituents. If these people -- and I see he's scuttling off. He doesn't want to take any notice of this. He didn't apologize.
The Speaker: The member for York Mills, it would be very helpful if first he would direct his comments to the Chair, and of course he wants to direct his comments to the speech made by the member for Leeds-Grenville.
Mr Turnbull: Mr Speaker, I am dealing with the speech from the member for Leeds-Grenville. I heard an accusation from the member for York East that this was misleading. You brought it to his attention. He did not withdraw it. I have never been in this House and heard "misleading" put forward and the member has not been brought to attention that they've had to retract it. This is fundamentally wrong, Mr Speaker.
We have had innumerable constituents coming forward, and I don't believe for one minute that the members of the government have not had the same concerns expressed to them. These are legitimate concerns of our constituents of all political stripes. They are concerned that this will lead to discrimination against white males. This is our right to be able to present this, and I think the comments of the member for Leeds-Grenville were very much germane to this discussion.
The Speaker: The member for Leeds-Grenville has up to two minutes for his reply.
Mr Runciman: I think it was the member for York East who used that sort of language, and another member as well, with respect to categorizing my observations. In effect, I wouldn't describe it as trying to scare people; I'm trying to alert people to the implications of this legislation, and they can use whatever words they wish to.
The member for York East uses that sort of language, but I have genuine, legitimate concerns. I feel very strongly about this piece of legislation and its implications for Ontario, and its impact on especially the young people trying to get into the job market and looking forward to some kind of future, some kind of opportunity for them and their families in this province.
Those are legitimate concerns, and of course whenever we raise issues like this, which are legitimate issues, the NDP uses these sorts of tactics, language like this, to try to intimidate people so they do not engage in a meaningful productive debate.
Mr Stockwell: Exactly. NDP politics to a T.
The Speaker: Order.
Mr Runciman: Instead, they use language like this.
The member for York East talks about not worrying about his own son. He's not getting the kind of feedback that the rest of us are getting, and that's going to grow with the passage of this legislation. Concern is going to grow. He may not be concerned about his own son because of the fact that this government hires virtually every relative of NDP members in any event. We just have to look through the phone book and it's packed with people named Ziemba, Charlton, Mackenzie and on and on and on, so I can understand that they don't have a concern. The rest of us do have concerns, legitimate ones, and not just about our relatives, but about every single person growing up in this province today.
The Speaker: Pursuant to standing order 34, the question that this House adjourn is deemed to have been made. The member for York Mills had filed dissatisfaction with the reply to a question he asked of the Minister of Education and Training. The member for York Mills has up to five minutes to make his presentation and the minister has up to five minutes for his reply.
1810
EDUCATION FINANCING
Mr David Turnbull (York Mills): On June 28, 1993, I raised my concern that Metro Toronto public school boards, which receive no provincial funding, are none the less being asked to achieve savings under the social contract.
My specific question to the minister was, "Will you commit that any savings achieved through the social contract will be rebated directly to the Metro property taxpayers?" The minister's response was, and I quote in part from his response, "The reason that the Metropolitan Toronto taxpayers get nothing in the way of grants from the provincial government is because they have a lot in the way of commercial and industrial wealth."
Therefore, by the minister's own admission, the money belongs to the property taxpayers of Metro and not to the province. Yet the minister refused to agree that any savings should be rebated directly to the Metropolitan property taxpayers.
As the Minister of Municipal Affairs said in this House on May 19, 1993, "Of course, the public school boards in Metro do not qualify for grants, and therefore you can't take back something which they are not receiving." That comment is at variance with the Premier's comments in this House on June 3, 1993: "There are very rich school boards and there are school boards that have a very low assessment base. There are discussions under way with those school boards about how a reconciliation can be effected which treats them fairly."
The Minister of Education and Training's response on June 28, 1993, was insufficient because it did not provide a direct answer to my question and did not address the inequity of Metro taxpayers being hit with a double tax grab. How can the government insist on receiving $93 million from Metro school boards whose funding does not come from the province in the first place, but rather from the property taxes? Metro taxpayers should not be asked to shoulder this double tax burden. Further, the Fair Tax Commission, a commission which is costing the taxpayers of this province $2.3 million, concluded, "Relying on property taxes to finance education is regressive."
Clearly, if your government forces the Metro school boards to remit property tax dollars to the province, it is ignoring the recommendation of the Fair Tax Commission. Assuming that the savings projected under the social contract are achieved, I want the minister's assurance that the money will be rebated to the Metro property taxpayers.
The only acceptable answer to my question is a commitment that your government will not take a further tax grab from the Metro property taxpayers in order to finance your inept handling of the provincial economy. If your answer is to take this money away from the Metro taxpayers, then tell me why, having gone through the expensive exercise of the Fair Tax Commission, are you ignoring its findings?
The Speaker (Hon David Warner): I recognize the honourable member for Sault Ste Marie, the parliamentary assistant to the Minister of Education and Training.
Mr Tony Martin (Sault Ste Marie): On June 28, the member for York Mills asked a question about the impact of the social contract on the Metropolitan Toronto School Board. Today he has raised some additional points on this issue. I am pleased today to expand on the minister's answer in response to the honourable member's inquiry.
As members are aware, the provincial funding provided to Ontario school boards is determined by a mill rate formula which is consistently applied throughout the province. This ensures that quality education is available to all students, regardless of where they live. In areas such as Toronto and Ottawa, the high concentration of commercial and industrial wealth results in a negative grant situation. When the standard mill rate is applied to these areas, the local school boards receive more money than they are entitled to use, using the per-pupil formula from the general legislative grant.
Based on estimates submitted by the Metropolitan Toronto School Board, it is anticipated that the board will have in 1993 an excess of property tax income of $284 million. Even after deducting all possible credits, the board is still $73 million to the good. This negative grant is not reclaimed by the province; it remains in Metro schools. But it does preclude us from sending further money to a board with large financial resources.
I should point out that the province provides several grants to Ontario school boards which are independent of this grant calculation, including pay equity funding, Jobs Ontario Capital funding and the employer's share of the teachers' pension plan. For the Metro Toronto school board, this totals around $100 million. These are provincial dollars which directly benefit the operation of the Metro Toronto school board and the pupils of that board.
The social contract target for the education sector is $535 million. The Metro Toronto school board's portion of that target is $92.6 million unless the board is part of a sectoral agreement or implements a non-bargaining unit plan, in which case it will qualify for a lower target.
These targets are not based on a board's assessment well but on the total salaries and benefits of board employees. These targets represent the amount that each board can expect to save as a direct result of the social contract. If the Metro Toronto school board were not making this contribution, the province would have to increase the target for all other boards by more than 20%.
As members are aware, section 35 of the social contract allows the government to require boards to remit social contract savings to the province. This provision applies only to the social contract target and not to the negative grant, and only for the three-year period.
The social contract will not increase property taxes.
Mr Chris Stockwell (Etobicoke West): That's unbelievable. You get $100 million from them, and then you say taxes don't go up. What a load. What a joke.
The Speaker: Order. The member for Etobicoke West, come to order.
Mr Martin: On the contrary, the deficit reduction which will be achieved as a result of the social contract will benefit all Ontario taxpayers. By requiring a contribution from all boards which equals their social contract savings, this government is ensuring the equitable treatment of all school boards throughout the province -- something you may not know much about -- a solution that has the least possible impact on the pupils in Ontario schools, the fairest distribution of tough medicine required to see us through this revenue crisis, and a responsible and realistic approach to the fiscal realities facing all the major governments in the world today.
In closing, I'd like to stress that there will be no impact on property taxes anywhere in the province, and boards will not have surpluses or deficits as a result of the social contract. By having all boards contribute their social contract savings to the province, regardless of the percentage of a board's budget that is covered by local property taxes, we are ensuring equity across the province.
The Speaker: This House stands adjourned until 1:30 of the clock tomorrow afternoon.
The House adjourned at 1818.