UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION
LEGISLATIVE ASSEMBLY PRESS GALLERY EVENT
CLOSING OF AGRICULTURAL COLLEGE
CENTRES D'EXCELLENCE ARTISTIQUE
HEALTH INSURANCE AMENDMENT ACT, 1993 /LOI DE 1993 MODIFIANTLA LOI SUR L'ASSURANCE-SANTÉ
KITCHENER-WATERLOO FOUNDATION ACT, 1993
PETERBOROUGH CIVIC HOSPITAL REPEALS ACT, 1993
STRATFORD, HURON AND BRUCE RAILWAY COMPANY LIMITED ACT, 1993
CAMBRIDGE-GUELPH RAILWAY COMPANY LIMITED ACT, 1993
P.O.I.N.T. INCORPORATED ACT, 1993
The House met at 1331.
Prayers.
MEMBERS' STATEMENTS
GOVERNMENT POLICY
Mrs Elinor Caplan (Oriole): This past constituency week, May 31 to June 4, was different from any other I have experienced. My constituents in Oriole were distressed about how the NDP government was changing their lives, destroying their businesses and eliminating their jobs.
Mr Roly Ridler of Shaughnessy expressed his frustration over the retroactive nature of the huge increase in personal income tax. He said, "It's both unconstitutional and a breach of parliamentary tradition."
The issues varied but the message was always the same. Here are some other quotes from upset citizens:
"What is the so-called social contract and how will it affect public services?" they asked me.
A constituent on Havenbrook said: "The NDP and Bob Rae are making a shambles of this province. The sooner he is out of office, the better we will be."
From Dallington Drive, "What's the use, the government doesn't listen to the people, it does what it wants."
"I am sick and tired of the NDP," said a voter on Sheppard Avenue.
From residents on Parkway Forest I heard, "We hope that the NDP government will be removed from power for all its broken promises."
"Another example of incompetence," someone on Parfield angrily said over the NDP tax on car insurance.
A constituent who lives on Forest Manor Road summed it up this way: "Elinor, I am sorry. I am ashamed. I voted NDP last time. Never again."
NATIONAL TRANSPORTATION WEEK
Mr David Turnbull (York Mills): Celebrations are taking place across Canada from June 6 to June 12 to mark National Transportation Week. This is a time to express support for all Canadians working in the transportation industry. It's also a time to reflect on the importance of transportation in our daily lives.
The theme for the 1993 National Transportation Week is "Transportation and National Prosperity," to underscore the significance of an efficient, effective and competitive transportation system to our economic prosperity.
National Transportation Week also provides an opportunity to pay tribute to those who have made outstanding contributions to transportation development. This morning I attended a ceremony to honour dedicated professionals in Ontario's transportation industry. Among those honoured was Lou Parsons, chair of GO Transit and the 1993 Ontario Transportation Person of the Year. We in Ontario are extremely fortunate to have someone of such national and international repute as the chair of GO Transit.
Our transportation system is the cornerstone of our modern industrialized nation. Efficient transportation networks for all modes of transportation are crucial as we are prepared to compete in the global economy of the 21st century.
I would remind the Minister of Transportation that Ontario's national and international reputation as a leader in the transportation field, as demonstrated most recently by India's interest in sharing technology, depends on government commitment to renewing and enhancing our transportation infrastructure.
UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION
Mr Jim Wiseman (Durham West): I rise today to congratulate the United Food and Commercial Workers International Union, in particular locals 175 and 633.
About two weeks ago I received a letter from Dave Killham, who is a former constituent of mine -- I thought I'd use his name -- indicating that the United Food and Commercial Workers union would be embarking on its fourth annual Leukaemia Walkathon that would be taking place throughout all of Canada.
The United Food and Commercial Workers union, locals 175 and 633, which have members in every community in the province, raised over $275,000 last year -- it looks like I have an infinite amount of time today, Mr Speaker -- but they're working hard to do even better this year. It's throwing me off my time. There, it's starting all over again.
We have some of these members present today up there, working their way up. This walkathon was to raise money for the leukaemia research, which we all know is absolutely essential if this disease is going to be beaten. We know that, because there is infantile leukaemia, there's adult leukaemia, there's a whole host of types of leukaemia that are afflicting the population of Ontario that we need to work on to defeat.
The president of the United Food and Commercial Workers union is Michael J. Fraser, and I believe he's here. If he's not yet, he will be shortly. The secretary treasurer is Wayne Hanley and the recorder is Betty M. Pardy. Of course, I've already indicated that Dave Killham, who is my contact in all of this, is present somewhere in the building as well.
I'd like to congratulate the United Food and Commercial Workers union for the work they've done on leukaemia and to congratulate all of the unions in Ontario that work so hard to raise funds, either through the United Way or through whatever other charities they work for.
STRATFORD FESTIVAL
Mr Hugh O'Neil (Quinte): Last week I had the pleasure of visiting the city of Stratford to attend the Stratford Festival. As the Tourism critic for the Ontario Liberal Party, I would like to congratulate all those people involved in what has become one of Canada's and Ontario's most important cultural and tourist attractions.
Because of time restrictions, I was only able to see two performances: Gypsy and King John. But I can tell you that I was very proud to see those in attendance standing to give continued applause to the cast and, in so doing, honouring the director, staff, management and board of directors for a job well done.
I would encourage the government and the people of this province to show their continued support for a great organization which is providing us with important cultural events and is also helping our economy by creating jobs and bringing in tourist dollars from all over the world.
But having put in a plug for the Stratford area, I would be remiss if I didn't remind the members that there is another area in the province that also has many tourist attractions, and that is the Quinte area. If you are looking for beautiful scenery, excellent food and accommodation, also great shopping, museums and a summer music festival, antiques plus many other things too numerous to mention, I would ask you to come and visit us in Quinte after visiting the Stratford Festival.
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BUDGET DEBATE
Mr Allan K. McLean (Simcoe East): I too would also like to congratulate those people who work so hard to try and cure cancer. I commend them for the job that they're doing.
My statement concerns the NDP government's move to repress the democratic process in Ontario by limiting public debate over the recent provincial budget.
The NDP government wasted hard-earned taxpayers' money to print and distribute propaganda that gives its version of the May 19 budget. The Premier claims the budget shows his government is committed to investing in jobs, people and services, when we all know that raising taxes and increasing the debt will only slow the economy and kill jobs.
The Premier also claims the budget is his government's fair and balanced approach to reduce the deficit. I would suggest there is nothing fair or balanced about the budget or the NDP's plan to limit debate of the government's budgetary policies.
The NDP wastes taxpayers' money to print and distribute its propaganda and refuses to listen to the people of Simcoe East and many other parts of this province who want to express their views, concerns and opinions of the May 19 budget through their democratically elected members.
Don't the people who pay the bills in the province of Ontario count with this government? I thought this was the government that was going to open Queen's Park to those who'd never had an effective voice in the corridors of power. By limiting debate of the budget, the NDP is slamming the doors in their faces. There's nothing fair or balanced about the NDP approach to government in Ontario, and this propaganda has cost billions of dollars to send out.
SENIOR CITIZENS
Mr Drummond White (Durham Centre): I recently had the pleasure of attending a backyard barbecue at the Whitby Seniors Activity Centre. Homer, a retired worker from General Motors, was flipping burgers like he worked on the line at McDonald's. The centre was packed, as members had gathered for the first celebration of Senior Citizens' Month, a month dedicated to the proposition of sharing the experience, and they do, sir.
The centre, operated by the town of Whitby, is a recreational facility that's the hub of many seniors' lives. It drives seniors who line up for hours to sign up for their programs. Some live independently, and the centre can be the social hub of their lives. Some may not drive, but they're always there. The centre offers them lessons in line dancing, crafts, arts, physical and social activities. Personally, I'm looking forward to the strawberry social later this month, and I look forward to seeing Dot and Emma again.
Whitby is a good neighbours community, as is Oshawa, the two communities I represent. They support the seniors, and seniors' centres are a vital investment in our community. Our government has gone far in passing legislation to care for the elderly, to support their dignity and wellbeing. I can think of no better investment in dignity and wellness than money spent on the seniors' centre.
PORTUGAL NATIONAL DAY
Mr Tony Ruprecht (Parkdale): On behalf of the Ontario Liberal caucus, I rise today to recognize an important event that dates back over 400 years. It has been celebrated as Portugal National Day since 1880.
The celebration of the national day of Portugal is special and unique in the pages of history. Unlike some dates that commemorate an important political event, such as a declaration of independence or the end of a war, on this historic occasion we ask the people of Ontario to join Canadians of Portuguese heritage in the remembrance of the great, world-renowned poet and writer Luiz de Camões. Although he passed away more than 400 years ago, Camões left a living legacy of meaningful poetry of immortal beauty that has not withered with age.
We're all of course very cognizant and appreciative of the tremendous contributions that Portuguese Canadians have made to the development and growth of our province and country in the economic, spiritual and cultural fields. Yet as important as economic contributions are, the attention of Portuguese Canadians today is focused not on the prosperity and wealth that opportunities bring in Canada but on our democratic system of government, which allows the people in our multicultural society of Ontario to celebrate a national literary hero of their forefathers' original homeland as a right.
May this Portugal National Day today inspire us to pause more often to study and admire our writers and poets. Perhaps one day we might recognize that a new Luiz de Camões could be inspired as a result of paying tribute to the eternal de Camões whose remembrance we're honouring today.
[Remarks in Portuguese]
ORTHOPAEDIC SURGERY
Mrs Dianne Cunningham (London North): Baseball fans everywhere will know that Bo Jackson is making history this year. His remarkable comeback with the Chicago White Sox is amazing, given the fact that he's doing it with an artificial hip.
The orthopaedic surgery which replaced Jackson's damaged hip with an artificial one made of carbon, chrome and plastic is becoming more common every year. This year alone, almost 20,000 Canadians will get a second chance to lead a healthy, active life because of the replacement of hip and knee joints. Thanks to orthopaedic surgery, they will be released from pain and given back their freedom of movement and mobility.
The advances made in the field of orthopaedic surgery over the last decade are truly remarkable. On this coming Sunday, June 13, thousands of Canadians will be participating in a Canada-wide walk to raise funds for further research and education in joint replacement.
The walk, called "Hip, Hip, Hooray," raised over $1 million last year, and in London alone 132 walkers raised $50,000. This year's walk is expected to do even better.
The walk in London this year will again be at Springbank Park and will start at 11 am. The London organizing committee is still welcoming walkers, so anyone interested should call Barb Keim at University Hospital to get pledge forms and information.
The work we're doing in Ontario is remarkable. People around the world will gain from the research we're doing in medicine, especially in orthopaedic surgery.
NORMA HARRIS
Mr Mike Farnan (Cambridge): It takes great courage to be a single parent, yet this is a task undertaken by more and more Canadians today, a majority of them women, who get little recognition for their valour and dedication.
Today, I want the House to know about one single parent in my constituency of Cambridge. Norma Harris has been named Canada's Single Parent of the Year for 1992-93 by the international organization, Parents Without Partners. Not only that, but her son Joseph, who is 16, has been named Canada's Youth of the Year by the same group. The two are now in the running to be named the North American Parent and Youth of 1992-93.
Norma Harris has overcome poverty and unemployment to sustain herself and her children, who were aged eight, three and eight months when she first became single 13 years ago. She needed work so she trained as a lab technician, at some point holding down two jobs as well as caring for her youngsters.
She became involved in the organization, Parents Without Partners, and is now president of the Grand Valley region of the organization. She took courses in leadership to enable her to teach parenting skills to other singles.
I invite the House to join me in saluting Norma Harris and all parents who take on the task of raising their children alone. We should also salute young Joseph who teaches children at a Cambridge community centre and has designed a logo for the Grand Valley Parents Without Partners, a logo that appears on T-shirts and on pins that have been sent all over the world.
LEGISLATIVE ASSEMBLY PRESS GALLERY EVENT
Hon Floyd Laughren (Deputy Premier and Minister of Finance): Mr Speaker, I rise on a point of privilege that I hope the other members will appreciate. I want to encourage members from all political parties to attend the press gallery's spring bash which is on June 16. I especially encourage members who don't get enough abuse in the Legislature or in their constituencies, particularly in their own caucus, or from the media itself, to attend this. It's always for a very good cause and I would encourage members to attend. It's June 16.
The Speaker (Hon David Warner): I regret that the member does not have a point of privilege, but it is certainly a point of public information, if nothing else.
STATEMENTS BY THE MINISTRY AND RESPONSES
REPORT ON RACE RELATIONS
Hon Elaine Ziemba (Minister Responsible for Race Relations): A year ago tomorrow, June 9, former United Nations Ambassador Stephen Lewis presented a report to the Premier with recommendations to improve race relations in the province of Ontario. The Attorney General and myself were given co-leadership roles to implement Mr Lewis's recommendations.
In the recent speech from the throne, this government made it clear that it remains committed to providing leadership in fighting discrimination in all its forms. The recommendations of the Lewis report have been the focus for much of that commitment for the past year.
Since the Lewis report was released, the government has made real progress in meeting Mr Lewis's recommendations within a very tight time frame. We have built on important steps to help Ontario achieve a vision of equity and fairness based on mutual respect and understanding of one another.
The Lewis agenda provided the government with a complex challenge. It called for bold measures in a number of key areas -- the criminal justice system, the workplace, education and training, community economic development -- and in an overall approach to anti-racism. It stressed extensive consultation and restructuring. It demanded the commitment of many different partners working together and it required the political will to make what were sometimes difficult decisions.
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The challenge has been met. It has been met in spite of the current economic climate, scarce government resources and restructuring, and it has been met in spite of the fact that many of the deadlines suggested by Mr Lewis proved difficult to meet, as Lewis himself acknowledged they might be. Our government made it a high priority.
Virtually every one of Mr Lewis's 24 recommendations has been implemented or is under consideration. Some initiatives, by their very nature, will never be finished, nor should they be, for this government is determined that an effective anti-racism agenda will not and cannot be a one-time approach to a problem that has haunted society for an unconscionable length of time.
Therefore, on behalf of the Attorney General and myself, I am pleased to provide the following progress report. For purposes of time, I will briefly highlight some key initiatives. A complete update is available from the Ontario Anti-Racism Secretariat.
The Race Relations and Policing Task Force was reconstituted with Clare Lewis again taking the lead role. A number of recommendations from a report released last November are in the process of being implemented; others are under review.
A new regulation on the use of force was enacted. The first class of recruits to receive extended training in use of force and race relations graduated at the end of March.
Last September, we struck an independent inquiry into race relations and the criminal justice system. The Commission on Systemic Racism in the Ontario Criminal Justice System is hard at work on an interim report on correctional services for youths and adults. The commissioners have informed us that they will be releasing this report shortly.
In the spirit of the Lewis report, I'd like to mention the proposal to fund an African-Canadian specialty legal services clinic, which was announced by the Attorney General in early May. We will shortly begin our consultations with legal and community groups to plan with them for the establishment of this very important clinic.
A key recommendation in the Lewis report was employment equity, an initiative that had already begun with the appointment of the first employment equity commissioner, Juanita Westmoreland-Traoré, two years ago, who has held extensive consultations across Ontario. Very soon, I intend to stand in the House and proceed with the second reading of our employment equity legislation. At that time, I will also be releasing draft regulations.
The Ministry of Education and Training is developing mandatory policy directions for school boards and action plans on anti-racism and ethnocultural equity. This will be monitored closely by the minister himself.
The process of revising curriculum continues at every level of education. The Minister of Education and Training will be releasing one of several specialized resource documents on anti-racism shortly to school boards for teachers to use from kindergarten to high school.
The Ontario Anti-Racism Secretariat and the Ministry of Municipal Affairs have consulted extensively with minority communities and government ministries to develop a community development plan. This complements the government's overall economic agenda.
My colleague the Minister of Municipal Affairs announced last weekend support for a black community credit union. This meets some of the economic concerns of the black community. This is an excellent example of community and economic development, and there are more concrete initiatives to come.
On a corporate level, we've announced the Cabinet Round Table on Anti-Racism. Fourteen members from aboriginal, minority and ethnic communities have been appointed to advise myself and a number of cabinet colleagues on anti-racism measures. Our first meeting will be held on June 15. I must point out that this is an unprecedented move by our government. For the first time, people from aboriginal, minority and ethnic communities will have direct contact with the political decision-making process. My cabinet colleagues and I look forward to working with the round table and benefiting from the counsel of its respected members.
These are only a few of the recommendations we've started, but like the issue of racism itself, which has haunted society for years, it will take time and, yes, continued dialogue to meet the problems head on. This will be ongoing with the cabinet round table. Anti-racism and eliminating all forms of discrimination are a government priority.
The Ontario Anti-Racism Secretariat began the work a few years ago and continues to lead the government anti-racism strategy. They will continue to work with grass-roots communities and organizations to curb and eliminate racist activity.
I'd like to close by saying that we cannot afford to sit by idly and hope only government measures will solve all of the problems that racism engenders. We must accept that each person living in our province has a role to play if we want to see our province free of discrimination, racism and hatred.
The Speaker (Hon David Warner): Statements by ministers? Responses? The official opposition, the member for Scarborough North.
Mr Alvin Curling (Scarborough North): I was looking forward today, when I heard that the minister was coming to give us an update on the Stephen Lewis report recommendations.
I know this minister works pretty hard, but Madam Minister, I see this statement as a statement of apology for inaction, really. All through the minister's statement, she apologized for not meeting the deadlines. To begin with, these deadlines are not met because in the beginning they were quite unrealistic. We had said that in the beginning, that these deadlines are unrealistic. As a matter of fact, it was quite rushed, anyhow, but the government didn't have the gall, the guts, to come out and say it could not meet those deadlines. But here we are now saying that we're apologizing for that.
This interim report that the minister brought forward here today was supposed to have been here from January 1. It is almost the middle of June and we're making that kind of statement today.
Again, Madam Minister, I have raised in this House at times, with you and the Minister of Labour, about legislation about employment agencies. Nothing has been done. I don't think that you have the guts, nor does the Minister of Labour, to bring that legislation through about employment agencies. That continues to discriminate in the way of employment.
The tribunal backlog in human rights: We have seen a backlog created in the tribunal area. All that we have seen is a movement of a backlog there. Madam Minister, I hope you address that. The backlog continues, as we know, in human rights, with all the effort and money that we have there, and no statements have been made to say that there is not a backlog, as how detailed we are dealing with these cases, but they are backlogged, and as I continue to say, justice delayed is justice denied. The Ontario Human Rights Commission that's supposed to be looked at is not being looked at in that detail.
I saw in your statement here about African legal aid, black legal aid: It's a joke. As a matter of fact, the black legal aid people say that this is tokenism. I can't understand how we're going to have black legal aid. Laws are made for all people of our province, not for one set or the other. I would urge this government, do not patronize in that way. It's tokenism and we should eliminate that kind of situation. Don't be caught up in that. I would strongly support you to relinquish that tokenism there.
Again, you announce in here, I think -- not you, Madam Minister, but the minister, I think, for Management Board or what his role would be -- about the internship program that was targeted to address visible minorities and women, and talk about it's not cancelled but postponed for some years or a year or so. I regard this also as a situation when the cuts started in this economic time, and who got hit harder here? Those who were trying to get through the door, programs that you had put in place, the things that Mr Lewis had talked about, that people have no access to this to play a role in our society, things that will be instituted. The first thing you cut was that program that affects visible minorities and women about the internship program. I would like you to go back and revisit that because it is a mistake. You tried to address that, that it's only postponed for a year and I think that is extremely bad.
The anti-racism strategy: Two years ago you made bold promises that you were going to bring this anti-racism strategy about and that you were going to have all ministries have in place a strategy. I don't see that happening at all. Again, empty promises will not fulfil people's visions and dreams and realize their role in society. It's not happening. Your policy about anti-racism is not done.
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Employment equity: My golly, we know about that. If there is one thing that people are looking forward to have access to in society, it is work and jobs and opportunity of education. You have not brought this forward. I know you've promised regulations; we've heard about this. You have now been in power three years, with the authority to do things. You haven't done it. You've come to me, and I know you're dedicated to bring this employment equity. I don't think that front row is dedicated to do that at all. Even when they try to negotiate with the union, it is pushed back. If you need me at the cabinet table, I'll come and convince the Premier --
Hon Floyd Laughren (Minister of Finance): You had your chance.
Mr Curling: -- and I will convince the Treasurer that employment equity is needed. Somehow, he feels he cannot address that.
Madam Minister, your apology has not been accepted by the people. You could have done better than that.
Mr W. Donald Cousens (Markham): When we heard that the honourable minister was going to be making a statement today, we were looking for something on Bill 79. There was a certain amount of excitement that in fact the minister was going to have the regulations for employment equity brought forward today. That would have been an announcement that people were looking for in response to the interest that has been raised about it. I guess maybe the minister still has time to get it.
She mentions in her statement today, especially in the press release part, the second reading of the employment equity legislation and release of draft regulations during this session of Parliament. There's still some more time. We just know that's something you haven't said before, because most of what you gave us today has already been said. Some six weeks ago, the ministry came out with a press release announcing the round table on anti-racism, saying much of what the minister has said today, and today we have it again.
However, I suppose when it's a slack day and the Premier doesn't have anything to say on the social contract and the Treasurer doesn't have anything to say about the failure in coming forward with other announcements that we're all waiting for this government to do, they've gone to the minister for race relations and said, "Come up with something," and you had to fill in. To that extent, we compliment you for trying to fill in.
By the way, the government has been committed to its fight against racism. The actions that are under way and in progress are in the right direction, and I think we all appreciate that we've got to do an awful lot more to counteract what's going on in the world around us. It's not a good scene. The member for Willowdale and myself, Mr Harnick and I, attended a Yad Vashem event last night in Thornhill. Seven hundred and fifty people were there remembering some of the tragedies of 50 years ago, the tragedy of hate. It was just racism at its worst when the Holocaust took place.
We haven't rid ourselves as a society of those very problems even today. I know that earlier this week, when our leader, Mr Harris, rose in this House, much of the question he was asking of the Attorney General had to do with racism. He raised questions about Ernst Zundel, that Ernst Zundel is still allowed to perpetrate his lies and perpetrate violence and that Ontario is one of the leading places for developing hate literature, hate literature that comes out of Ontario, with nothing being done about it. Mr Harris, in his question to the Attorney General, pointed to the very issue last week that the Attorney General has failed to act on a number of situations. The law sits there for the government to do something about it, and the government hasn't done anything.
I will quote from Mr Harris. He said:
"We have had anti-hate law for 22 years, and only four charges have been laid and there have been only two successful prosecutions in that 22-year period. Some racist organizations, as we see this rise, obviously feel for some reason or other that they have been given carte blanche to spread their hatred in this province."
I'm quoting from Mike Harris, the leader of our party, who was talking in questions this week about the problems of this province and anti-hate literature.
Here we stand today in the House and look at what this government's doing, and we still haven't done anything about the hate that's coming out of Ernst Zundel's mouth and what he's doing to the Jewish people and other people in this province. It's not just an issue for blacks or whites. There's a whole spread of colours, multicultural people, where there is something that crosses all ethnic boundaries: Hate and anger and the disease of the mind that are still being perpetrated in our communities, where you have people, white supremacists -- it's not just white against black. There's still something serious within our society that we as legislators have to fight. So I say seriously, Madam Minister, do more.
Mr Charles Harnick (Willowdale): Ernst Zundel still runs the printing presses. Paul Fromm still teaches school in Peel. The white Heritage Front still frequents bars and brings in members by racially slurring people. The Attorney General of this province and the Minister of Education don't have the guts to show some leadership to solve these problems. This is not worth the paper it's printed on if the government doesn't --
The Speaker (Hon David Warner): The member's time has expired. It is now time for oral questions.
ORAL QUESTIONS
SOCIAL CONTRACT NEGOTIATIONS
Mrs Lyn McLeod (Leader of the Opposition): My first question is for the Premier. Yesterday, in the face of all the ongoing confusion around the social contract, you assured us that the matter is well in hand. It seems that nobody has been reassured by the comments you made yesterday, Premier. In fact, we have seen that the value of the Canadian dollar has dropped by a quarter of a cent and interest rates are under new pressure. Investment analysts are saying that the falling dollar reflects the uncertainties in the market over your government's handling or mishandling of the social contract. Quite clearly, things are not well in hand.
I would suggest that for people to have confidence in your ability to manage this issue, time and specifics are of the utmost urgency. We need some assurance that in the statement you make tomorrow, we will have clear time lines and clear specifics of your government's action plan. I understand you have now acknowledged that there is legislation in the preparation stage and I ask that you clearly outline for us today what that legislation will contain.
Hon Bob Rae (Premier): I think that having said clearly earlier this week that I would have a statement to make later on in the week, and I indicated yesterday that I'd have a statement to make in the House, the honourable member should know that's clearly the direction we're taking. The Minister of Finance and I have stated as clearly and as categorically as we can that the money is coming out with respect to the estimates process this year and that we are determined, in response to the questions which you have asked and others have asked, to take the steps that are necessary in order to do that in the fairest possible way. I can assure the honourable member that tomorrow's statement will make that very clear.
Mrs McLeod: Premier, we are hearing, as you are, from all the transfer partners that are tremendously concerned about some of the possible scenarios, some of the ways in which you might obtain your $2 billion in expenditure reductions. It is quite clear from everyone we speak to that the worst possible scenario for implementing your $2-billion spending cuts is for you to simply impose the cuts on municipalities, on school boards, on hospitals, on colleges and universities, again without giving them the tools they need to review their total expenditures, yet apparently this is one of the three options you are still considering.
Apparently, you have told MPPs that you can cut in one of three ways, and one of the ways is by simply cutting the grants to hospitals, to cities, to municipalities, to school boards. You acknowledge that this would result in significant job loss, and that job loss would be even greater if they are forced to make those cuts, the full force of those cuts, when the budget year is half over.
Premier, I ask you to tell us, why is that option even under consideration? Why will you not simply rule out the option of dumping your cuts on to the transfer partner agencies?
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Hon Mr Rae: It would be unconscionable in the current circumstances, in my view and in the view of the government, to simply "dump" the cuts on to any group of people.
Having said that, I think it's important that we also recognize, in the meetings I've had, the discussions I've had, the various discussions that various line ministers have had at my request with a number of groups and individuals, that we've also heard -- and I'm sure those people are also telling her the same thing -- that they also want to have some flexibility with respect to how they manage in a difficult circumstance. They also don't want a totally centralized approach which doesn't leave them any room to move and to manoeuvre.
So finding the balance between a totally centralized approach and one in which the government simply walks away -- obviously, those are two extremes which are not acceptable to us. We are trying now to work with all of our sector partners, in discussions, in finding a solution that's fair and reasonable, given the fact that the coalition walked away from the talks last Thursday night.
Given that fact, I can say to the honourable member that we're going in a good direction. We've had some very good discussions and we've had some very good discussions with the cabinet --
Mrs Elinor Caplan (Oriole): Your caucus doesn't think so.
Hon Mr Rae: Well, I want to ask my caucus members: Is the member from Oriole correct when she says we're not going in the right direction?
Interjections: No.
The Speaker (Hon David Warner): Order.
Hon Mr Rae: All right. We're going in the right direction and there's good support for what we're doing.
Mrs McLeod: Premier, that balance is exactly what we've been calling on you to find for the last two months, and there was indeed a process that could have reached that kind of balance if you hadn't been so determined to find solutions at the centralized table. I must admit, I don't envy you the caucus meeting you would have had this morning as you now try and find the solutions to get out of this absolute no-win situation.
Premier, we understand that at least some of your colleagues would like you to resolve the issue by simply implementing broad legislation that would put in place the last proposals that the government negotiators put on the table and that the unions did indeed walk away from last week.
Interjections.
The Speaker: Order.
Mrs McLeod: I ask you in all seriousness, do you not believe that approach would fail for exactly the same reason that the social contract talks failed? I'm asking, because I see that the noise may have distracted you from the question, and it's a serious question, the question as to whether or not you are likely to try and implement through legislation tomorrow, according to the request of some of your caucus at least, simply the government's last proposal. I'm asking whether you do not feel that is likely to fail for the same reason that the social contract talks failed; that the reason there was not agreement reached was because any broad-brush solution is not going to be fair and equitable and cannot be implemented across all of the sectors and all of those 9,000 individual collective agreements.
Hon Mr Rae: When I listen to the Leader of the Opposition, first of all she says she doesn't envy me our caucus meetings, and then she proceeds to say, "Don't do this, don't do that, don't do this, don't do that," and just simply criticizes; all kinds of speculation as to what might or might not happen. I haven't heard a single constructive discussion from the Leader of the Opposition with respect to what's being proposed.
I would say to her, the government has substantive decisions to make. These are decisions that are clearly being made. We are making them, we will make them and we will then discuss them with the House after we've discussed them with our various social contract partners out there, employers and employees, as well as with the caucus and the cabinet.
All I know is that whatever it is this government does, whatever option is chosen, it will be roundly criticized by the Leader of the Opposition, because that's how she keeps her very disparate caucus happy. Don't tell me they all agree on anything. I haven't heard them agree on a single thing.
The Speaker: New question.
Mrs McLeod: It would seem to me, in spite of the Premier's rhetoric, that as we day after day put forward what we believe are constructive and balanced alternatives to this government's chaotic response, little by little it's starting to take. I actually heard the Premier, in a very moderate response to my first supplementary, getting very close to the alternative that we've had on the table for the last --
The Speaker: Would the leader take her seat, please. Second question, the Leader of the Opposition.
INSURANCE TAX
Mrs Lyn McLeod (Leader of the Opposition): My second question is also for the Premier. We remain concerned, particularly about the transfer agencies' ability to implement the cuts in the social contract, because they have already faced cuts under the expenditure control plan, as you're well aware, and also because of the hundreds of millions of dollars in new tax costs that those agencies face as a result of the recent provincial budget.
Premier, you have claimed that your budget's tax measures are tough but they are fair, but we find that hospitals that have already been hit by the expenditure control cuts are now grappling with the new cost of the insurance tax on their group benefit plans and on their liability plans.
One of the downtown Toronto hospitals has told us that the new insurance tax will cost them an additional $330,000 per year. We do not yet have a clear total, but it is obvious that the budget's insurance taxes will mean millions of dollars in new costs for hospitals. I ask you, Premier, why did you choose to tax health care? Have you done any analysis on how this tax is going to affect hospitals across the province?
Hon Bob Rae (Premier): Mr Speaker, I'm going to refer the question to the Minister of Finance.
Hon Floyd Laughren (Minister of Finance): Here we go again. The leader of the official opposition doesn't want any new taxes; wants a lower deficit; doesn't want any expenditure reductions. I just wish for once that when she asked a question, she would end it with, "Why didn't you do such-and-such?" She has yet to do that.
I would simply say to the leader of the official opposition that it is never popular to introduce tax increases. She and her government know that full well. I would just say to her that I believe that the package of tax increases that were brought in, while they were unpopular, were balanced, fair and responsible.
Mrs McLeod: Minister, what we keep trying to do is say, "Look at the implications of what you've done." We get increasingly concerned that nobody over there is adding up the total cost, the total impact of what you've done, whether it is on businesses or hospitals or school boards or municipalities. Nobody's putting it all together, and that's our frustration.
I can tell you that hospitals are not the only transfer agency that is going to be affected by your new insurance tax, and I trust that you have added up the cost. The school boards have told us that the total insurance tax increases will cost them over $50 million, and again this is in addition to the expenditure control cuts and the social contract cuts that you're still looking for.
The insurance analysts have said that the insurance tax increases on group health and life plans alone will add one half of 1% to the average payroll cost. That, to us, means that based on a total $43-billion public sector wage bill, municipalities, school boards, hospitals, and colleges and universities will have to pay an additional $215 million in costs. That figure does not include liability, property or auto insurance tax increases.
I ask you, how much will your insurance tax increase totally cost the school boards, hospitals, colleges, universities and municipalities, and indeed the conservation authorities, whom we heard from this morning, who are also worried about the impact of your budget and your cuts? How do you expect people to pay for this?
Hon Mr Laughren: I simply will not allow the leader of the official opposition to get away with such a simplistic argument when it comes to dealing with the difficult financial problems we face in this province. If she thinks that she can stand in her place and --
Mr Steven W. Mahoney (Mississauga West): How are you going to pay? That was the question. Answer the question.
Hon Mr Laughren: I realize that the members of the official opposition don't like being called to account for their lack of alternatives, but I'm going to insist on doing it. The leader of the official opposition puts her question as though there would be no implications whatsoever of simply letting the deficit rise without tax increases or very, very substantial expenditure reductions out there which would affect delivery of services and jobs all across the province. So I would ask the leader of the official opposition in return: When she asks her final supplementary, would she please tell me what her alternatives are?
Mrs McLeod: No, because that's not the question. The question is to you, to the Finance minister, to the government, on the budget that you brought in. I am asking you, as you give the transfer agencies hit after hit after hit, whether you are adding up the costs and whether you are looking at the total impact on the people who are providing services to people across this province.
I would say to you that at least one third of the government's $715-million insurance tax increase is going to be paid by the public sector, and to me this is simply another downloading of millions of dollars on to school boards and municipalities and hospitals and colleges and universities.
You have said over and over again that one of the focuses of the social contract discussions was to make expenditure cuts while protecting jobs. I would ask, given the millions of dollars that just these insurance taxes will cost the transfer agencies, how many lost jobs is that going to cost us?
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Hon Mr Laughren: For the last two weeks, we on this side have heard from the leader of the official opposition only what we should not tax and what expenditures we should not reduce, and how the deficit should be lowered at the same time.
Mrs Elinor Caplan (Oriole): How many jobs, Floyd?
Mr Mahoney: How many jobs lost?
The Speaker (Hon David Warner): Order.
Hon Mr Laughren: I want to tell you, Mr Speaker, when the leader of the official opposition talks to us about downloading, she's not going to get a very friendly reception from this side because, when they were in government, in good times, with record revenues coming in, they wrote the book on downloading, not this government.
SOCIAL CONTRACT NEGOTIATIONS
Mr Michael D. Harris (Nipissing): Premier, I understand from, I think, some pretty informed sources that you either intend to table or are discussing tabling legislation on Monday; that at the same time as tabling that legislation indicating where $2 billion can be found, you intend to encourage the public sector to return to the bargaining table to continue negotiations for up to 90 days or the legislation will take effect. Given the increasing uncertainty among the public sector unions over their futures, can you confirm that this is in fact your plan?
Hon Bob Rae (Premier): No.
Mr Harris: You have sent out many signals that you think further discussions will be productive, that they will be beneficial, that there are still solutions that may be able to be found out there. Since you didn't have a contingency plan and you're trying to come up with one as quick as possible and, as I understand, you've continued to have feelers out there with the social contract partners, both management and unions, you will recall that I told you a number of months ago that you had to signal your intention to bring in legislation or that you meant business through some methodology, as Quebec did in its talks: "Here's legislation; unless we have a negotiated settlement by September, the legislation will take effect"; that that is the only way you would allow the union leaders to seriously negotiate away things they already had in their contracts, if union leaders could go back to their membership and say: "See that legislation? See that definitive plan? We were able to get you something better than that."
All the union leaders I've talked to, and I've talked to most of them who directly or indirectly have been at the table, have told me that is exactly what they needed, that there is no way they could go to their membership without knowing what your plans were and say, "We've negotiated a breaking of the contract we got you last year." If they did, they wouldn't be union leaders any longer.
The Speaker (Hon David Warner): Could the leader place his supplementary, please.
Mr Harris: Given that, Premier, do you finally now understand the bargaining process and what the union leaders are capable of negotiating, as they have told me and I'm sure they've told your negotiators? Are you prepared to be definitive and proceed that way to get meaningful discussion, so the leaders can go back to their membership and say "I've got you something better than this proposed legislation"?
Hon Mr Rae: I must say I feel that certainly our government has helped to do two things. Yesterday we drove the leader of the third party to read excerpts from Ned Pratt's poetry, and last night he was on the phone to all the trade union leadership in the province. So I think we're making good progress.
I would say to the honourable member, if he's saying that the trade union leaders that he spoke to -- and I hope he will tell us or tell the scrums and so on which trade union leaders were advocating legislation in their conversations with him, because that's clearly the import of his question. He's saying that the trade union leaders whom he talked to were advocating strongly that the government should have brought in legislation two or three months ago. I hope you'll tell us exactly who those people are, because I think that would be a singular public service and would perhaps clarify the debate considerably.
Mr Harris: Premier, it wasn't last night; it's been over the last number of months. I haven't phoned; I've been answering the phone as they've called me.
A couple of months ago I talked about options of attrition, last week I laid out that option for you and yesterday I defined it a little more clearly for you, whereby, through attrition, at the end of three years far more than $2 billion could be cut from the public sector payroll in a logical, organized fashion. I gave you that option as one of the alternatives and I would ask you this: Have you looked at that alternative? Are you prepared to move in a more commonsense way than your trying-to-solve-all-the-problems-of-the-last-10-years-in-one-week approach? And if you are, are you prepared to move today to turn that corner, to move in a new direction and begin to permanently downsize the size and cost of government?
Hon Mr Rae: I would say to the honourable member that obviously any suggestion he makes is taken seriously, but I would say to him that all of the work we've done shows that attrition on its own won't deal with the problem that we face. While that might seem like an attractive and relatively painless option, in fact it is not sufficient to deal with the problem.
Mr Harris: I didn't say it would deal with all the problems. There are many other things that have to be done. It goes a long way, though, and a lot further than you're getting to start solving part of the problem. You continue to ignore those solutions.
VICTIMS OF CRIME
Mr Michael D. Harris (Nipissing): My second question is to the Attorney General. This spring our caucus launched our task force on crime, justice and community safety. At that point in time we released polling results that found that 65% of Ontarians believe that victims of crime are not being treated fairly by the courts. We outlined some of the parameters of the task force, we have circulated several thousand letters out there to solicit more opinions and in the next couple of weeks we begin travelling across this province and meeting with Ontarians across the province on this issue.
As you know, the standing committee on administration of justice has been studying a victims' bill of rights put forward by my colleague from Burlington South. We have heard in those hearings heart-wrenching testimony from victims and from families of victims who are pleading for government to help ensure that our justice system and our society do not victimize them a second time. Minister, will you support and enact the provisions of this bill?
Hon Marion Boyd (Attorney General): I was also very pleased to testify in front of the committee and to talk about some of the things we were doing. In that testimony I indicated to the committee that it's my belief that these kinds of statements of entitlement without real programs are not very useful. We prefer to expend our energy on developing the programs, expanding those good programs that we have, changing some of our processes in terms of the way in which our courts actually operate, the kind of information that individuals who have to appear before the court as victim witnesses have.
I told the committee that I am in the process of bringing forward a very extensive package of measures that will go some distance to resolving some of the issues that some of those testifying in front of the committee identified. They won't go all the way immediately because obviously we need to build incrementally through the system, and a lot of what we need to do needs to be done in conjunction with our federal counterparts, because many of the things that we are being asked for are in fact not in our jurisdiction.
The Speaker (Hon David Warner): Supplementary?
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Mr Cameron Jackson (Burlington South): The minister did present before the committee, and she's indicated in the presence of the de Villiers family and in the presence of the Mahaffy family, constituents of mine, that she feels that reforms of this nature are highly symbolic. Yet we've had an inquest into the three deaths around Jonathan Yeo, where clearly recommendation 129 states: "We, the jury, through the evidence that was presented, feel there must be a charter of rights for victims. The purpose of this charter is to stop victims from being revictimized." It goes on to set out some very practical things.
There are over 25 recommendation in this inquest that affect your ministry directly, yet we have no indication that you've read the inquest, that you have any agenda to bring in these necessary reforms. Every victim who has presented before the justice committee has reiterated that we need a victims' bill of rights, that it has substance and standing when the Attorney General's office embraces it, much in the same way that the Attorney General's office can make statements of zero tolerance for alcohol abuse and zero tolerance for assault.
When you make those statements within the law, then serious reforms and changes in our criminal justice system and victimization of our victims can be changed. It is within your power; it's clear evidence of that.
The Speaker: Could the member place a question, please.
Mr Jackson: I'm asking you again, Minister, on behalf of our caucus and on behalf of the families that have come before the committee, will you not consider making some of the necessary reforms that are within your power to do that will save Ontarians money, reduce the amount of victimization and provide a real sense of justice in this province?
Hon Mrs Boyd: I have indeed clearly committed myself to making many changes, some of them according to the recommendations of various inquest reports, not just the Yeo inquest recommendations. What I am saying is that I prefer to take those actions that are directly going to be beneficial to the victims involved rather than make pretty statements about what their rights are.
We all have rights under the Charter of Rights. That is the major set of rights that all citizens enjoy. What we need to be doing is making sure that the rights of victims are being seen to be as important as the rights of the accused. That is one of the basic issues the people have with the justice system at the present time.
There are a number of measures, as I indicated to the member, that I am prepared to take and that I will be announcing in the very near future.
Mr Jackson: Quite frankly, that response isn't good enough. The fact of the matter is that women are victimized in our court system far more than men. You're the minister responsible for women's issues. When you say you're considering reforms, there are dozens of recommendations that have been presented in this House over the course of the last three years which your ministry has chosen not to consider. These are practical reforms which will help women.
When you suggested you have to balance off the rights of the criminal versus the victim of sexual assault, I must advise you to look at your ministry to see all the imbalances. Look at the horrendous number of dollars that are going from legal aid to assist rapists and others in this province for unnecessary aspects of their court procedures. Yet your victim services program, by your own ministry's admission, is inequitable, underfunded and inaccessible to most parts of this province.
For you to stand in this House and say that you have provided reforms and you're proceeding in those areas, when the experience, according to Marina Browning, the legal counsel for Barbra Schlifer --
The Speaker: Will the member place a question, please.
Mr Jackson: -- who participated in assisting with the drafting of this bill says, "I have seen women destroyed going through our current legal system," when are you going to bring forward these reforms and embrace even some of the elements of a victims' bill of rights, which are within your power today to bring into this House, which won't even need legislation.
Hon Mrs Boyd: I will repeat what I said earlier in this House and also in front of the committee: Yes, I am prepared to bring forward reforms. Indeed, many of the suggestions that the member has made we have already begun to put into effect in terms of streamlining the court process and ensuring that there is a better sense of justice and a better knowledge of what is going on in the courtroom.
I would say, however, that the best kind of protection we can give victims of crime is ensuring the integrity of the prosecution of those criminals. We can only do that if we follow the Charter of Rights and guarantee that those who are accused of crimes have the legal services that are guaranteed to them under the charter so that we don't lose those cases because they are not able to be prosecuted with integrity.
CHILD CARE
Mrs Yvonne O'Neill (Ottawa-Rideau): My question is to the Minister of Community and Social Services. Mr Minister, I listen to you, the Treasurer and many members of your caucus day after day telling myself and indeed the residents of Ontario in general that you are committed to child care.
Budget 1992 promised up to 20,000 new subsidized child care spaces. To this date -- and I want you to listen very carefully -- we have but 400 of those subsidized spaces. Budget 1993, and I'm quoting from Budget 1993, stated "another 14,000." But that really is not "another," it's part of the 20,000. So we're not talking about 34,000; we're talking about up to 20,000.
Promises, promises; numbers, empty numbers. I ask you, Mr Minister, will you give the 25,000 families waiting in line with real needs in this province, not a promise but the spaces that you have pointed to and promised? How are you ensuring that the thousands of spaces, not just the 400, are flowing to those who stand and wait, wait to get off social assistance, wait to get on with their lives?
Hon Tony Silipo (Minister of Community and Social Services): I'm very happy that this question has been asked, because I can tell the member opposite that in fact the actions we are taking to stabilize the child care system are having, we believe, some significant results.
The member would know that recently we announced an expansion of the criteria with respect to 8,200 of the 20,000 child care spaces, and I can tell the member that two things are happening under that expansion of those criteria. The last figures that I received were that some 3,000 of those spaces have already been implemented in a very short period of time as a result of some aggressive steps that we've taken in the ministry working with municipalities.
What we are expecting will happen, again over the very near future, is that implementation of a number of those subsidies will result in spaces that would be freed up on the waiting list being taken up. We expect that will deal with the waiting lists that are out there. I can tell the member that we are proceeding with that in a very aggressive manner and we are intent on getting those spaces out and used.
Mrs O'Neill: Those, again, I think are rather empty words. We've got 20,000, 17,000, 3,000 perhaps. Mr Minister, I bring to your attention a long-standing request that's on your desk or in your files. It's but an extension of a success story, with a waiting list of over 200 at this moment. It meets all the criteria of your government's initiatives. It meets the criteria for Jobs Ontario Capital, child care and Jobs Ontario Training. It also meets your government's preference for non-profit. This project will result in young people graduating from the social assistance lifestyle and following paths to enter the workforce.
Mr Minister, I bring to your attention but one of many projects awaiting your decision: the Woodroffe Avenue high school child care project in Ottawa-Carleton. Will you give these sole-support parents, mostly women, and their children a chance to change their lives, to follow their dreams, to reach their full potential and to become contributing members of our community? I ask you that directly, Mr Minister.
Hon Mr Silipo: The short answer would be, yes, that's exactly what we are trying to do and what we are in fact doing. We are looking right now at the capital allocations for this fiscal year, and I expect we'll be making decisions on those fairly shortly.
Again, I would just say to the member that if she thinks that the implementation of 3,000 additional child care subsidies and spaces in a matter of weeks is not some significant improvement in the system, then I'm not sure what it is that she's talking about, because we have been and will continue to be quite aggressive in our steps and in our efforts to ensure that we stabilize the child care system on the way to making some of the more significant reforms that we intend to bring about.
We're going to be proceeding with those steps, and certainly we'll look at the specific proposal that the member has outlined and any others that we know are out there as a way of continuing our efforts to improve the quality of child care in this province.
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RACE RELATIONS
Mr Michael D. Harris (Nipissing): My question is to the Attorney General. Last week I raised the disturbing situation of a Jewish proprietor in Kitchener who had been threatened and harassed by neo-Nazi youth. This past weekend at a nightclub in Toronto, two rock bands publicly promoted hatred against blacks and Jews in their lyrics. Youth attending the concert gave Nazi-style salutes to the band.
Each of us as legislators has a responsibility to send a clear signal that we will not tolerate in our province racist language and actions anywhere in Ontario. Many believe that your silence and your government's silence is becoming deafening: no statements, nothing in the Legislature, no actions, no statement on behalf of you or your government as to what you think of these actions. We need leadership in this province. The people of this province are crying out for leadership and for action. What have you done to provide that leadership?
Hon Marion Boyd (Attorney General): I'm flabbergasted that the member opposite would suggest that this government has said nothing and done nothing and been silent about this kind of issue. Certainly I have spoken out on it, as has the Premier, as has the Minister of Citizenship and, frankly, I know most of our members in their own areas.
We are absolutely disgusted by the same kinds of racist statements that are distressing you. We have the same problem that you had when you were government and that the previous government had, in that the tools we have under the Criminal Code are extremely clumsy tools to enable us to deal with this issue.
The police are investigating individual incidents as they occur to see whether or not under the Criminal Code there are charges that can be laid. We provide legal advice to the police on those issues, and when there is the availability of charges, we will certainly prosecute vigorously.
There are differing opinions in the legal community about the ability that we have to use those tools. I want to assure the member that we are consistently looking at each incident on its merits and that the Solicitor General and I are as concerned as you are to find a way to show vigorous action.
Mr Harris: The minister today made a statement on implementing recommendations in the Lewis report, but there was nothing in that statement about the incidents that are taking place around the world and here in Ontario. The member from Markham and the member from Willowdale today in response to your statements expressed that concern as well, as they have expressed publicly on a number of occasions.
Minister, I want to tell you this, that as a father of two young boys myself, I am extremely concerned about the rise of racist, anti-Semitic incidents involving our youth. I share the concerns of parents in Mississauga, where Paul Fromm teaches. I share their concerns.
I share the frustration of police officers, who do not feel that you or your ministry are supporting them by laying charges when they bring you what they feel is enough evidence to lay those charges.
Minister, if this government is doing all it can, why have there been only four charges laid in the 22 years that we've had an antihate law?
Hon Mrs Boyd: Well the member might ask, since during the largest portion of that time his own government was in power. The real issue is that the law itself is not the kind of law that lends itself easily to a successful prosecution.
The member shakes his head, but you talk about a rise in these incidents. The B'nai B'rith this year --
Mr Harris: You are a disgrace. Do you want me to go back and blame Leslie Frost for this too?
The Speaker (Hon David Warner): Order, the leader of the --
Hon Mrs Boyd: -- indicated that in fact there was a drop --
Mr Harris: You want me to blame Leslie Frost for this. You're pathetic, the whole lot of you.
Interjections.
The Speaker: Order.
Mr Charles Harnick (Willowdale): You've got no guts. You were a bunch of big talkers when you were over here.
Interjections.
The Speaker: The member for Willowdale, come to order. New question, the member for Downsview.
SMALL BUSINESS
Mr Anthony Perruzza (Downsview): My question is to the Minister of Finance. The recession has been very hard for small businesses and in particular for the construction industry. I've received a letter from a businessman in my community who was facing a crisis because of problems relating to finding capital. Banks, as you know, have been unwilling --
Interjections.
The Speaker: Order. Would the member for Downsview please take his seat.
Interjections.
Mr Harnick: Just carry on in the same vein and let Mr Fromm just keep teaching. He's just a credit to the teaching profession, a credit to the Ministry of Education.
The Speaker: I asked the member for Willowdale to please come to order. Would the member for Downsview place his question, please.
Mr Perruzza: Thank you very much, Mr Speaker. It's sad to see that the same courtesies we extend to them they don't extend to us.
The Speaker: Would the member please just place his question.
Mr Perruzza: Absolutely. However, as I was saying --
Interjections.
The Speaker: Would the member for Downsview take his seat. There are occasions when it's a little difficult to maintain order in here, but it would be immensely helpful if, after order is restored, the member could simply place his question.
Mr Perruzza: As I was saying, banks have been unwilling, in large part, to make capital available to builders. As an alternative, this individual would normally approach a private investor for capital through a mortgage broker. However, new regulations have placed such onerous conditions on the smaller lending institutions that this is no longer an option.
My question to the minister is, what steps are being taken to assist small businesses and in particular small building companies to access capital and to help get Ontario back to work?
Mrs Elinor Caplan (Oriole): That's easy: Nothing. That's an easy question.
Hon Floyd Laughren (Minister of Finance): Despite the rantings of the member from Oriole, the member asks a very good question, because there were amendments to the Mortgage Brokers Act, which I don't expect the member from Oriole to understand, under the financial services review because there were problems, quite frankly. But specifically the banks, the trust companies, the credit unions and insurance companies are exempted from that change in regulations.
What is absolutely necessary is that people who invest through a mortgage broker understand very clearly the nature of the investment and the rules that apply to mortgage brokers. We think that with the change in the regulations, it will benefit legitimate construction companies and investors and consumers alike, as well as the mortgage brokers who are following the rules as they are supposed to do. So there's been no attempt to hamstring the source of capital, but rather to make the rules uniform for everyone and to make sure that people can be secure in the investments they make.
Finally, I would ask the member to look at the 1993 budget at the way in which we've structured alternative sources of financing, such as the Jobs Ontario Community Action fund, which goes around the traditional lenders, such as banks, to access money through the Jobs Ontario Community Action fund.
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CONSERVATION AUTHORITIES
Mr Murray J. Elston (Bruce): I have a question for the Minister of Natural Resources, who's attempting now to defect to the Tories. As he returns to his seat from an attempt to move across the floor, I want to say that today we were visited in our caucus by representatives of the Association of Conservation Authorities of Ontario. We are reminded, both by them and by the Premier, that there are requests at all times for some types of options to provide public services in a more effective and efficient way and in fact to find ways which will serve the public in the best way possible and save money.
I know that the minister has had a chance to meet with the representatives as well, and I would ask him today, since he is one of the proponents of eliminating the conservation land tax rebate, if he accepts the provisions of the plan put to him by the representatives of the conservation authorities of Ontario and how soon we can expect him to move on their recommendations.
Hon Howard Hampton (Minister of Natural Resources): In answer to the member's question, we appreciate very much the cooperation that the conservation authorities have extended so far. We have received their proposals. We're very interested in what they have to say. After we have had a week or so to review those proposals and to perhaps match them with some of our own thinking that has been going on internally, we'll be prepared to respond.
Mr Elston: So far, the thinking internally by the Minister of Natural Resources has ended up in the elimination of the conservation land tax rebate program. In my area alone, the Saugeen Valley Conservation Authority will lose some $113,000 and the Grey Sauble authority will lose some $250,000 in rebate. It may be necessary for these authorities to get rid of that land just to pay the back taxes owing.
If these people have to sell this public asset, which is now open for every person in Ontario to access, how can he tell us that he's not willing to move quite quickly into areas that are suggested for changing the way in which services are delivered to protect the public trusts of lands which have been both donated by the people to conservation authorities and purchased by conservation authorities in past years under the regimes, I might add, of both Liberal and Conservative administrations which saw the importance of protecting the integrity of a public system of land holdings?
Hon Mr Hampton: I feel compelled at this time to correct some of the impressions the member may have tried to create. Conservation authorities may not dispose of conservation land without the approval of the Lieutenant Governor in Council. So while we appreciate that conservation authorities may have strapped budgets, just as virtually every government in North America these days has strapped budgets, there is no imminent threat to conservation lands and no imminent possibility that conservation lands will be sold.
We're quite willing to work, both in the short term and in the longer term, with conservation authorities to deal with these sensitive issues. Everyone must share in the types of financial burdens that Ontario is faced with and that Canada is faced with, and I expect that conservation authorities will do their part.
The Speaker: New question.
Mr Leo Jordan (Lanark-Renfrew): My question also is directed to the Minister of Natural Resources. I would just like to say before asking the question that members of the association are present here today in the gallery and they have an extreme interest -- it's not only their interest, but a matter of time and pressure on them -- to get a solution to this problem.
They feel, that they have in fact given you a solution to the problem. But the problem is more than their program for success. The real problem is that you have to initiate a meeting of your ministry, the Ministry of Municipal Affairs, the Ministry of Environment and Energy and the Ministry of Agriculture and Food, to bring all the parties together that are now controlling conservation in the province of Ontario.
What I'm asking you today is, would you please tell us that you are going to bring these ministries that affect the control of conservation together and come out with a policy that our leader, Mike Harris, has recommended for a number of years, the one-stop shopping where there will be one central control for all these functions? Would you do that, Mr Minister?
Hon Mr Hampton: Again, to the member from the Progressive Conservative Party, we have held more than a couple of meetings with representatives from the conservation authorities. We have met with individual conservation authorities. We have invited conservation authorities to put their collective thoughts together. We're very interested in the positions that conservation authorities have put forward.
I would only say that there are other views. For example, the Federation of Ontario Naturalists may have a slightly different view from conservation authorities. For example, municipal officials may have slightly different views. What we are trying to do is to put together a system of operation which all of these very legitimate organizations will have an interest in working with and in promoting.
Mr Jordan: At the present time, there are up to 11 different ministries and government agencies that are entangled in the provision of environmental services. You can imagine, the frustration to developers, to any person trying to do business in the province of Ontario, trying to get approval. You go to the Ministry of Natural Resources and they send you to the MOE. You go to the MOE and they send you to the Ministry of Municipal Affairs. It's a very frustrating procedure. I'm not saying to take the associations' answer as the only answer. I'm saying, will you bring the people involved together and make their proposal part of the solution?
Hon Mr Hampton: When we invited the conservation authorities to meet a month ago, it was for this exact purpose. I would only like to say that the existing system, which no doubt provides for long delays in terms of development approvals, which provides for all sorts of entanglement and duplication, was not a system that this government created. It was a system that was created by the Progressive Conservatives when they were the government and a system that was furthered by the Liberal Party when they were the government. All we're trying to do now is to sort out a cost-effective way of dealing with this issue that governments some time ago should have put their minds to.
RECYCLING
Mr Paul R. Johnson (Prince Edward-Lennox-South Hastings): My question is to the Chair of the Management Board of Cabinet. I have an article from the Picton Gazette that came out on June 1 but really is a June 2 copy because they always get it out a day ahead of time. Anyway, it says that more than 150 homes operated by the Ontario Ministry of Government Services in Prince Edward Heights are no longer going to have blue box recycling at their doorstep. This is a result of Prince Edward county's decision to stop providing that service, and indeed they've already collected the blue boxes. The claim is that it's due to funding problems, and I understand from the article that the ministry no longer will fund blue box recycling at Prince Edward Heights.
I would like to ask the minister, the Chair of Management Board, if indeed this is so, and if it's not, if something could be done to reinstate blue box recycling at these more than 150 homes at Prince Edward Heights.
Hon Brian A. Charlton (Chair of the Management Board of Cabinet): I thank the member for Prince Edward-Lennox-South Hastings for his question. I guess his constituents would certainly be upset at being informed that they're not any longer going to have a blue box program because of some action of this government.
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Let me start out my answer by assuring the member that first of all the blue box program will be restored for the residents of Prince Edward Heights. In part, this problem arose because the county was confused about the tax status of the 150 homes in question, but the Ministry of Municipal Affairs does in fact pay taxes to the county for those homes. In addition to that, the Ministry of Community and Social Services had agreed to pay the special fee charge that the county wanted to continue collection of the recycling boxes.
We will get this misunderstanding sorted out with the county and ensure that the program continues.
ASSISTED HOUSING
Mr Joseph Cordiano (Lawrence): I have a question of the Minister of Housing. Minister, are you aware that you are squandering millions of dollars in the form of waste in the non-profit housing program? Vacancy rates are now the highest they've ever been. In Oshawa, for instance, the vacancy rate stands at 5.8% and yet you over-allocated non-profit housing units by 180%. In general, the marketplace is vastly different than it was in the late 1980s when we had an acute shortage of housing. Today that shortage no longer exists, and in some areas in fact we have a surplus.
Your latest announcement of 20,000 units could ultimately end up costing taxpayers well over $8.4 billion over 35 years. On top of that, your ministry cannot account for the actual costs involved in building non-profit housing units. They simply cannot verify the actual costs. In short, your ministry is operating in the dark and, we suspect, getting ripped off in the process.
Minister, I ask of you, are you prepared to call for a moratorium on the construction of new units until you are able to provide the people of this province with the real answers for the questions we're asking?
Hon Evelyn Gigantes (Minister of Housing): I hope members of the Legislature will note that the Liberal Party has shifted its position and no longer supports the production of non-profit housing in this province. We are going to support the production of non-profit housing in this province.
There are increases in vacancy rates, and we have discussed that in this Legislature on many occasions. If the Liberal critic on Housing took note of information available from CMHC as long as a year and a half ago, he would note that the vacancies are at the upper end of the market. Is he suggesting that we leave those tens of thousands of people who are in increasing difficulty in the housing market without any hope of affordable housing when the private sector is not capable of meeting their needs?
We are going to continue our program, not only because it meets needs and creates affordable housing, not just for this year but for decades, but it also is producing thousands and thousands of much-needed construction employment in this province.
Mr Cordiano: It is very clear that this government has mismanaged this program and has used nothing but incompetence to guide itself. It's very clear, because the auditor is pointing out repeatedly, that you are wasting millions of dollars. The auditor pointed out that the cost of construction has decreased in central Ontario by 16% while over the same period the cost of constructing non-profit housing units has increased by 9.5%. In total, you're about 30% over what the market is costing out there for a non-profit housing unit.
I might say this: We are very supportive of the non-profit housing program, but we're not supportive of waste and incompetence and mismanagement. We are dead set against that. This minister and this government are guilty of that very thing: incompetence and mismanagement.
I say to the Minister, are you prepared to call for a moratorium? Because, quite frankly, the very people who supported this worthwhile program, even they are questioning what you're doing. You're incompetent, you're wasting resources --
The Speaker (Hon David Warner): Would the member conclude his question, please.
Mr Cordiano: -- you're jeopardizing the non-profit housing program. We support it, but we don't support your mismanagement.
Hon Ms Gigantes: I know that the Liberal critic is new to the Housing portfolio and therefore he cannot be expected to have informed himself that the Provincial Auditor's report covered years which were mainly years of Liberal administration and that the problems we are now having in working out how to provide all the information on a development-by-development basis, which we have promised to provide to the auditor, is that under the Liberal administration the information wasn't kept. We have to go back now into the files, way back to 1986 in many cases, to try and get that information. We can't do anything about the fact that this was not administered properly during the Liberal regime.
EDUCATION LEGISLATION
Mrs Dianne Cunningham (London North): I have a question for the Minister of Education and Training. The minister introduced Bill 4 on April 21. He knows this is an omnibus act to change the Education Act. It's got more than 20 important amendments to the act. It affects junior kindergarten, child care in our schools and special education with special reference to hard-to-serve students. It has a retroactive clause in it that talks about young people and their parents having to pay for education, if this bill is passed, retroactive to June 2, 1992, over a year ago; a retroactive clause.
It passed second reading on June 3 and was referred to the standing committee. We had our first meeting yesterday, really, with reference to the bill. The standing committee has allowed, because of the government members on the committee, with I think the support of the minister, only three days, less than 15 hours of public hearings -- day and night, mind you -- for this bill with all of these issues.
I have a question for the minister: This party, this government talks about the importance of public input. I have to tell you that the chairperson of the special education advisory committee went before the committee yesterday and said they had never ever been consulted on this bill.
There are some choices that you have. You can either give us summer hearings --
The Speaker (Hon David Warner): Would the member place her question, please.
Mrs Cunningham: -- you can separate out the special education part of the legislation, or you can just say that this bill is far too extensive and we cannot deal with it before the end of this sitting of the House. I think you should consider all of them. Will you consider dealing with this legislation in a way that the public can in fact be heard by this government in public hearings over a reasonable period of time extending into the summer?
Hon David S. Cooke (Minister of Education and Training): That sounded like a multiple-choice question, and we don't use multiple-choice questions in our school system any more. I think the member and the members of the Legislature should understand -- and I know the critic for the third party does -- that many of the provisions, in fact just about all of the provisions of this bill were in bills that were already before the Legislature. It's not as if any of these issues are brand-new in Bill 4; they've been before the Legislature for well over a year, if not two years, now. The member can say that they want public hearings during the summer, but the reality is that they've been holding up a lot of this legislation for a long period of time. It's absolutely essential that we get through some of these items through the Legislature.
Of course, I'm more than willing to sit down with the opposition critics -- the time lines have been negotiated with the opposition parties -- and look at their amendments. The member from the third party knows that I'm more than willing to compromise in order to get legislation through the House and to benefit the kids of this province.
The Speaker: The time for oral questions has expired.
Pursuant to standing order 34(a), the member for Renfrew North has given notice of his dissatisfaction with the answer to his question given by the Minister of Environment and Energy concerning Ontario Hydro's decision, supported by the Ontario government, to offer deep discount rates to certain major industrial power users in Ontario. This matter will be debated today at 6 pm.
PETITIONS
GAMBLING
Mr James J. Bradley (St Catharines): I have a petition from people opposed to casino gambling, the way I'm opposed to it. It reads as follows:
"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 (Macdonald and Macdonald, Pathological Gambling: The Problem, Treatment and Outcome, Canadian Foundation on Compulsive 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," and once again, "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 agree with the sentiments of this petition, therefore I will be signing it, affixing my signature at the bottom.
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Mr Bill Murdoch (Grey): I have a petition from St Matthew's Evangelical Lutheran Church in Hanover:
"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."
The Acting Speaker (Mr Noble Villeneuve): Further petitions? I would also like to remind members there are many private conversations going; it makes it very difficult to hear.
INTERNATIONAL TRADE
Mr Drummond White (Durham Centre): I have a petition here signed by many people from my riding, retirees like Hester and Don Warne, students like Rob Halpin, retirees like Ambrose Ferren, and other good, hardworking people like Bing Wong, and they say:
"Whereas we feel that the Canada-US free trade deal has done immeasurable damage to the province of Ontario and the economy of that province, causing a loss of more than 45,000 jobs in Ontario alone; and
"Whereas we feel the proposed North American free trade arrangement will have an even more devastating effect on Ontario, resulting in a loss of not only more jobs but also reduction of our environmental standards, our labour standards, our social standards, our workers' rights and our overall quality of life;
"We petition the Legislature of Ontario in Toronto to fight this trade deal in whatever way possible, whatever means possible, and petition the House of Commons in Ottawa to stop this deal now, and we ask Drummond White, MPP for Durham Centre, to present this petition on our behalf to the Ontario Legislature."
CLOSING OF AGRICULTURAL COLLEGE
Mr David Ramsay (Timiskaming): I am continuing on a daily basis to bring forward petitions that have been sent to me from my constituents in Timiskaming. These are addressed to Premier Rae, Treasurer Laughren, Minister Buchanan. It says:
"We, the undesigned, request that you seriously consider reversing your decision to close the New Liskeard College of Agricultural Technology."
I will affix my signature to this.
NATIVE HUNTING AND FISHING
Mr Allan K. McLean (Simcoe East): To the Legislative Assembly of Ontario:
"Whereas in 1923, seven Ontario bands signed the Williams Treaty, which guaranteed that native peoples would fish and hunt according to provincial and federal conservation laws;" like everyone else, "and
"Whereas the bands were paid the 1993 equivalent of $20 million; and
"Whereas that treaty was upheld by Ontario's highest court last year; and
"Whereas Bob Rae is not enforcing existing laws which prohibit native peoples from hunting and fishing out of season; and
"Whereas this will put at risk an already pressured part of Ontario's natural environment;
"We, the undersigned, adamantly demand that the government honour the principles of fish and wildlife conservation; to respect our native and non-native ancestors and to respect the Williams Treaty."
That's signed by people from Minesing, Hillsdale, Phelpston and Toronto, by 14 signatures, and I've affixed mine to it.
GAMBLING
Mr Kimble Sutherland (Oxford): I have a petition signed by 52 residents of Oxford, and this petition was forwarded to me by Rev Dave Snihur, who's the minister at the College Avenue United Church in Woodstock, and it opposes casino gambling.
BICYCLING SAFETY
Mr John C. Cleary (Cornwall): I have a petition to the Parliament of Ontario:
"Whereas the Parliament of Ontario would make it mandatory for every cyclist to wear a helmet when riding on a public road; and
"Whereas the imposition of this proposed helmet law would create a nightmare from an enforcement standpoint,
"We, the undersigned, your petitioners, call upon the Parliament of Ontario to reject this proposed helmet bylaw."
It's signed by 47 constituents and I've also signed my name to the petition.
AUTOMOBILE INSURANCE
Mr Leo Jordan (Lanark-Renfrew): "To the Legislative Assembly and the Lieutenant Governor of Ontario:
"Whereas the people of Ontario are undergoing economic hardship, high unemployment and are faced with the prospect of imminent tax increases; and
"Whereas the Ontario motorist protection plan currently delivers cost-effective insurance benefits to Ontario drivers; and
"Since the passing of Bill 164 into law will result in higher automobile insurance premiums for Ontario drivers,
"We, the undersigned, petition the Legislative Assembly of Ontario as follows:
"That Bill 164 be withdrawn."
This petition is signed by 56 people and I now affix my signature.
BICYCLING SAFETY
Mr Pat Hayes (Essex-Kent): I have a petition that reads:
"Whereas we, the undersigned, support the voluntary use of bicycle helmets promoted as part of a comprehensive bicycle safety program; and
"Whereas we, the undersigned, oppose the province's plan to mandate the use of bicycle helmets as being an excessive restriction of personal rights to choose for ourselves as guaranteed under the Constitution."
CENTRES D'EXCELLENCE ARTISTIQUE
M. Bernard Grandmaître (Ottawa-Est) : J'ai une pétition adressée a l'honorable lieutenant-gouverneur et à l'Assemblée législative de l'Ontario.
«Nous, soussignés, adressons à l'Assemblée législative de l'Ontario la pétition ci-incluse aux présents documents contenus aux volumes 1, 2 et 3 contenant les documents et signatures d'appui :
«Nous demandons que le maintien, la viabilité et la croissance du Centre d'excellence artistique de La Salle et que le développement d'un réseau de centres d'excellence artistique en Ontario, qui sont les composants essentiels à l'avancement socio-économique, artistique, culturel et linguistique de notre société de langue française en Ontario, soient à tout prix assurés académiquement, appuyés politiquement et encouragés financièrement.»
Quelque 6000 signatures et j'y ai apposé ma signature.
PUBLIC SERVICE EMPLOYEES
Mr Robert W. Runciman (Leeds-Grenville): I have a petition addressed to the Honourable Lieutenant Governor and the Legislative Assembly of Ontario:
"We, the following undersigned citizens of Leeds and Grenville, members of the Ontario Public Service Employees Union, Local 433, employed by The Sampson House in Gananoque, beg leave to petition the Parliament of Ontario as follows:
"The Ontario government must immediately reset its course to build an Ontario society which is fair and just, protecting those who are most vulnerable within it and not scapegoat the public sector workers in times of economic difficulty.
"Further, the government must respect these fundamental principles: free collective bargaining, a strong public sector and the strengthening of public services."
I've affixed my signature in support of this petition.
INTERNATIONAL TRADE
Mr Larry O'Connor (Durham-York): I've got a petition here:
"Whereas we feel that the Canadian-US free trade deal has done immeasurable damage to the economy of Ontario, causing the loss of 45,000 jobs in Ontario alone; and
"Whereas we feel the proposed North American free trade agreement will have an even more devastating effect on Ontario, resulting in a loss of not only more jobs, but also a reduction in our environmental standards, our labour standards, our workers' rights and our overall quality of life,
"We petition the Legislative Assembly of Ontario, in Toronto, to fight this trade deal with whatever means are possible, and we petition the House of Commons in Ottawa to stop this deal now."
It's been signed by such notable people as Doug Harvey and Lynn Jacklin and many others, and I affix my name to this in full support.
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GAMBLING
Ms Dianne Poole (Eglinton): I have a petition signed by residents of Eglinton riding:
"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 credible 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."
Mr Leo Jordan (Lanark-Renfrew): "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 affix my signature to that petition.
EDUCATION FINANCING
Mr Bob Huget (Sarnia): I have a petition signed by 238 students of St Patrick's high school in my riding. It reads as follows:
"We, the graduating students of the Sarnia riding, believe that accessible education is a priority. We believe that large increases in university-college tuition create an elitist education system that only the wealthy can afford.
"Therefore, we demand fiscal responsibility and monetary restraint by the New Democratic Party of Ontario in the development and funding of new programs and unnecessary legislation. Funding to such actions should be terminated and those funds should be diverted to post-secondary institutions until the economic climate proves otherwise. An investment in education is an investment in the future."
GAMBLING
Mrs Joan M. Fawcett (Northumberland): I have a petition from 66 people from Brighton township and Murray township:
"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 affixed my signature.
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 credible 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 signature to this petition.
INTRODUCTION OF BILLS
HEALTH INSURANCE AMENDMENT ACT, 1993 /LOI DE 1993 MODIFIANTLA LOI SUR L'ASSURANCE-SANTÉ
On motion by Mr Morin, the following bill was given first reading:
Bill 44, An Act to amend the Health Insurance Act / Loi modifiant la Loi sur l'assurance-santé.
Mr Gilles E. Morin (Carleton East): This government is looking for ways to reduce expenses and save money. I have a recommendation that will save this province millions of dollars in the long run. I have just introduced a bill which mandates a new health card or OHIP card with photo and expiry date. These added features to the health card will greatly assist the Ministry of Health in dealing with fraud and ineligible cardholders. It will also ensure the regular update of addresses, the lack of which is a major problem. Problems regarding the health card have been brought to the minister's attention repeatedly. It is time to take notice and to act decisively against the abuse and misuse of our health system.
KITCHENER-WATERLOO FOUNDATION ACT, 1993
On motion by Mrs Witmer, the following bill was given first reading:
Bill Pr14, An Act respecting The Kitchener and Waterloo Community Foundation.
PETERBOROUGH CIVIC HOSPITAL REPEALS ACT, 1993
On motion by Ms Carter, the following bill was given first reading:
Bill Pr76, An Act respecting Peterborough Civic Hospital.
HUMAN RIGHTS CODE AMENDMENT ACT (SEXUAL ORIENTATION), 1993 / LOI DE 1993 MODIFIANT LE CODE DES DROITS DE LA PERSONNE (ORIENTATION SEXUELLE)
On motion by Mr Murphy, the following bill was introduced for first reading:
Bill 45, An Act to amend the Human Rights Code with respect to Sexual Orientation / Loi modifiant le Code des droits de la personne en ce qui concerne l'orientation sexuelle.
The Acting Speaker (Mr Noble Villeneuve): Is it the pleasure of the House that the motion carry? No?
All those in favour, please say "aye."
All those opposed, please say "nay."
In my opinion, the ayes have it.
Mr Tim Murphy (St George-St David): This bill amends the Human Rights Code in two respects. First of all, it adds sexual orientation as a prohibited ground of discrimination with respect to harassment. Secondly, it amends the definition of "marital status" in the Human Rights Code in order to permit and obligate private sector companies to extend employment-related benefits to the same sex partners of their employees.
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MUNICIPAL AMENDMENT ACT (TAX EXEMPTIONS), 1993 / LOI DE 1993 MODIFIANT LA LOI SUR LES MUNICIPALITÉS (EXONÉRATION D'IMPÔTS)
On motion by Mr Jordan, the following bill was introduced for first reading:
Bill 46, An Act to amend the Municipal Act to provide for Tax Exemptions / Loi modifiant la Loi sur les municipalités pour prévoir des exonérations d'impôts.
Mr Leo Jordan (Lanark-Renfrew): This bill amends the Municipal Act to allow local municipalities to pass bylaws exempting land occupied by museums from municipal and school board taxes. Upper-tier municipalities may similarly authorize an exemption from taxes levied for their purposes.
CITY OF NORTH YORK ACT, 1993
On motion by Mr Perruzza, the following bill was given first reading:
Bill Pr74, An Act respecting the City of North York.
STRATFORD, HURON AND BRUCE RAILWAY COMPANY LIMITED ACT, 1993
On motion by Mr Elston, the following bill was given first reading:
Bill Pr30, An Act respecting Stratford, Huron and Bruce Railway Company Limited.
CAMBRIDGE-GUELPH RAILWAY COMPANY LIMITED ACT, 1993
On motion by Mr Arnott, the following bill was given first reading:
Bill Pr26, An Act respecting Cambridge-Guelph Railway Company Limited.
P.O.I.N.T. INCORPORATED ACT, 1993
On motion Ms Poole, the following bill was given first reading:
Bill Pr37, An Act to revive P.O.I.N.T. Incorporated.
ORDERS OF THE DAY
TIME ALLOCATION
Mr Charlton moved government notice of motion number 3:
That, pursuant to standing order 46 and notwithstanding any other standing order or special order of the House in relation to Bill 164, An Act to amend the Insurance Act and certain other Acts in respect of Automobile Insurance and other Insurance Matters, the standing committee on finance and economic affairs shall complete clause-by-clause consideration of the bill on the first regularly scheduled meeting of the committee following passage of this motion. All proposed amendments must be filed with the clerk of the committee prior to 12 noon on the abovenoted day. At 5 pm on that same day, those amendments which have not yet been moved shall be deemed to have been moved and the Chair of the committee shall interrupt the proceedings and shall, without further amendment or debate, put every question necessary to dispose of all remaining sections of the bill and any amendments thereto. Any divisions required shall be deferred until all remaining questions have been put and taken in succession with one 20-minute waiting period allowed pursuant to standing order 128(a). That the committee be authorized to continue to meet beyond its normal adjournment if necessary until consideration of clause-by-clause has been completed. The committee shall report the bill to the House on the first available day following completion of clause-by-clause consideration that reports from committees may be received. In the event that the committee fails to report the said bill on the date provided, the bill shall be deemed to be reported to and received by the House.
That upon receiving the report of the standing committee on finance and economic affairs, the Speaker shall put the question for adoption of the report forthwith, which question shall be decided without debate or amendment, and at such time the bill shall be ordered for third reading.
That two hours be allotted to the third reading stage of the bill. At the end of that time, the Speaker shall interrupt the proceedings and shall put every question necessary to dispose of this stage of the bill without further debate or amendment.
Hon Brian A. Charlton (Government House Leader): I'm sure during the course of the debate this afternoon we will hear from the opposition benches a number of comments decrying the government's action to use time allocation on Bill 164. Therefore, there are a number of things I wish to point out in my opening comments to this debate this afternoon.
The opposition has accused the government in the past of stifling debate by the use of time allocation. Mr Speaker, I want to suggest to you that we started the process of having a careful look at what, in my view, is the very irresponsible way the opposition parties, and both of them in this House, have for the course of the last two and a half years since the beginning of this Parliament, abused what they like to refer to as the traditional practices of this House. I'd like just to give you a few examples of the kind of attitudinal change that has gone on in the way that members deal with questions in this House.
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Mr Speaker, you know, because you've been around for quite a number of years now, that from time to time there is controversial legislation before the House. When that controversial legislation is debated, it is inevitably debated at second reading and from time to time extensively during public hearings and clause-by-clause. But traditionally in this House, with very few exceptions, the third reading stage of debate is a stage which has been used with very careful exception by opposition parties.
You'll recall the days when the Conservative Party was the government for its last term, between 1981 and 1985, for example, when during the first session of that Parliament the average debate on third readings was four minutes. That was the average over the total number of third readings done.
Interjections.
The Acting Speaker (Mr Noble Villeneuve): Order, please. Order. All members will have an opportunity to participate. The government House leader has the floor.
Hon Mr Charlton: During the second session of that Parliament, the average time spent in third reading debate was 10 minutes. During the third session of that Tory Parliament, the average time spent on third reading was 47 seconds. During the fourth session of that Parliament, we spent an average of three minutes on third reading debates.
It is true that there was some shift for about two years thereafter, during the accord period when the Liberals first became the government and they were being supported by the New Democratic Party through the accord process. Then you'll recall that in 1987, the Liberals won a majority here in the House.
To look at a comparable period to this one, in the first session of that Parliament that lasted from 1987 till 1990, we had a somewhat significant increase in the average speeches that we saw occur in this House on third reading. We jumped all the way to seven minutes for the average debate on third reading. During the second and last session of that Parliament, we had another significant jump.
There were a number of very controversial pieces of legislation done during that period, and we jumped to an average debate on third reading of 15 minutes, with all of the controversial legislation that was done in that last session, including the auto insurance legislation, which was the father, if you like, of the need for this debate.
I want to talk to you now about what the opposition parties here in this House have been doing on a fairly consistent basis and an increasing basis throughout the course of this Parliament for the last two and a half years.
During the first session of this Parliament since the election in 1990, the average debate on third readings of legislation from this government started -- and I say "started" because the first session was the best session -- at an average of 48 minutes. In the second session, the average third reading jumped from 48 minutes to 122 minutes. So far during this third session of this Parliament, the average has jumped from 122 minutes to 171 minutes, over three hours.
This is just a very basic reflection of an intentional tactic, on virtually every piece of legislation, by the members across the floor.
Mr Charles Harnick (Willowdale): On a point of order, Mr Speaker: It is my submission to you that this motion brought by the government House leader is out of order. It does not comply with the standing orders in that it states as part of this motion that the committee be authorized to continue to meet beyond its normal adjournment if necessary until consideration of clause-by-clause has been completed. That essentially means the committee be authorized to sit after 6 o'clock. There's no standing order that permits that to happen. The only way that could happen is if there was some extension of the hours of the House, and that hasn't happened.
The Acting Speaker: As far as I can make out, the motion is in order. We are debating the motion now to provide time allocation in this Legislature and that is what this debate is all about.
Mr Harnick: Am I wrong, Mr Speaker, that we are allowed to sit here in committee after 6 o'clock?
The Acting Speaker: This is a specific order of the House that we are debating at this particular time. Should it pass, then we will be bound by what is in the government's motion.
Mr Harnick: My only point to you, Mr Speaker, is that what the government House leader is trying to do is contrary to the standing orders. He's putting the cart before the horse, so to speak. He needs to get the extension of the hours before this becomes valid.
The Acting Speaker: That could very well be an argument that you could bring forth to this debate when the turn for the honourable member comes about. At this point in time, we are listening to the government House leader.
Hon Mr Charlton: I made a number of points about what I see as a very intentional strategy on the part of both of the opposition parties to delay the legislative process in this House. I think it's important that I now address myself to the specifics of the case before us, Bill 164, because I think it's an important example of what I've been talking about, although we haven't gotten yet to third reading on Bill 164.
Bill 164 is a piece of legislation that, first of all, this government is committed to passing, and we intend to.
Mr Harnick: Why have you been delaying for two years?
Hon Mr Charlton: I'll address those issues and I'll take as long as the member across the way might wish.
Interjections.
The Acting Speaker: Order. I want to remind all members that interjections are absolutely out of order. The government House leader has the floor and we will all have the opportunity of debating.
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Hon Mr Charlton: This piece of legislation was introduced in this House in December 1991. One of the members across the way who chose to interject a couple of times during that process was one of the members with whom we consulted a year ago -- a year ago right about now, as a matter of fact, or about a month from now, in mid-July -- about our efforts to get second reading debate done last summer so that the committee to which this bill was referred could have fairly extensive hearings over the course of August and September of last year.
The member raised the question in his interjections about why we had taken so long to proceed with this legislation. It's because the opposition, at every step along the way, blocked its progress. That's why this time allocation motion is here, because at every step along the way the opposition has blocked the progress of this legislation.
We took the bill into the House for second reading last September, and after passing the bill for second reading last September, we wanted to proceed with public hearings during the session. Again, to address the member's question about why we've taken so long to deal with this bill: because the opposition parties insisted that the hearings be done during the intersession.
The House leaders representing the members across the way, last December, after we finally agreed to hold off the hearings and hold them in the intersession, agreed that this bill would go to committee for three weeks: for two weeks of public hearings and one week of clause-by-clause. That's what happened in February of this year. We had our two weeks of public hearings, as all three of the parties had agreed, and then we went into clause-by-clause.
At the end of that first week of clause-by-clause -- and I say "first week" because it isn't all that occurred -- because of the opposition tactics, which brought no value to the bill, we were on clause 2.
Since that time, I told the opposition House leaders the first time we met this spring that I was prepared to see this bill stay in committee for a few more days to finish clause-by-clause so that the opposition members could have some additional time.
We have now doubled the number of hours that was agreed to by the opposition for clause-by-clause, doubled the time, voluntarily, and last week, although I must admit that neither of the opposition House leaders was at the House leaders' meeting -- they were substituted for; the chief whip for the official opposition was there, and Mr Carr for the third party was there. I told both of those representatives at the House leaders' meeting last week that on Thursday afternoon I would be tabling the time allocation motion on the auto insurance legislation, and I told them further that if we didn't get some clear indication from the committee by the end of that day about a time line to finish the bill, I would proceed to debate this motion either today or tomorrow.
Mr Harnick: Your nose is growing. You're going to trip on it.
Hon Mr Charlton: Absolutely not. That's exactly what happened last week. If the member for Willowdale doesn't like the truth, then he should start dealing with his conscience. His colleague standing in front of him, the House leader, will confirm that's what happened at the meeting last week, even though he wasn't there. I'm sure the member for Oakville will not want his nose to grow.
It's been 18 months since we introduced this legislation. As a matter of fact, as best as we've been able to determine -- and we've done some checking -- in terms of consultation, this piece of legislation will be the most-consulted-on single bill ever passed by this House when it passes in the next couple of weeks.
The consultation process has been a very valuable one, but I have to make some positive and some negative comments in that respect. The consultation process has been an extremely valuable process, but it was a valuable process not because of the participation of the opposition members on the committee here; it's been an extremely valuable process because of the other stakeholders who have participated on an ongoing basis over the course of the last year and a half in a very important, extensive consultation.
As a result of the consultations with all of the stakeholder groups -- the lawyers' groups, the insurance company groups, the consumers' advocates and the victims' advocates -- we introduced a number of amendments to the bill itself. We also released a revised draft regulation as a result of those consultations.
Further, as a result of a real eagerness on the part of a number of the stakeholders -- the insurance industry, the consumers' association and again, the victims groups, ARCH --
Mr Harnick: ARCH didn't even like the bill. You couldn't even get them to say it was a good bill.
Hon Mr Charlton: ARCH sat down on our task force along with the others and worked out a wonderful set of proposals around rehabilitation, long-term care, extended medical, all of the things that should have been done originally in the Liberal legislation, all of the things that they avoided doing and all of the things that could be in place now if it weren't for the obstruction going on on the other side of the House.
Mr Ernie L. Eves (Parry Sound): On a point of order, Mr Speaker: I would just like to give the government House leader an opportunity to perhaps correct the record on a statement he made a few moments ago. He is quite correct in that Mr Elston, the Liberal House leader, and myself were not current at House leaders' last Thursday morning. However, I do have his own minutes of the House leaders' meeting in front of me, which I'm reading. Mr Carr, as he points out, is the deputy House leader for our party and Mr Mahoney happens to be the whip of the Liberal Party and are quite entitled to attend House leaders' meetings per se.
I want to read the agenda, because he made the point -- he made it quite clear -- that this motion would be called on Tuesday or Wednesday of this week. Under the heading "Committees," it says: "The government House leader will table a time allocation motion for Bill 164 this afternoon. It will be called if no other agreement can be reached." I don't recall ever receiving a telephone call from the government House leader this week at all to discuss what agreement could or could not be reached.
He also has a schedule set out as to what items will be called this week. If he planned on calling it on Tuesday or Wednesday, why doesn't it appear there? Tuesday, June 8, it says Sunday shopping. It doesn't say, "Time allocation motion on Bill 164, if necessary."
The Acting Speaker: Order, please.
Mr Eves: Wednesday, June 9, it says, "Capital Corporations Act, second reading." If you look at the business for today --
The Acting Speaker: Order, please. Would the honourable member for Parry Sound please take his seat. It's not a point of order. I hope it contributes a bit to the debate. Let's continue. Time is of essence here. The government House leader has the floor.
Hon Mr Charlton: I stand by the comments I've made. The discussion last week at the House leaders' meeting was very clear in terms of my intention to move to deal with this time allocation motion this week if something didn't come out of the committee in the way of an agreement around the remaining time last Thursday.
In addition to that, I'm going back to where I was when I was interrupted, in terms of talking about the process this bill has been through. The process of consultation and amendment in terms of public stakeholder group input into this piece of legislation has been extensive. Unfortunately, none of that process has happened in the legislative committee, because the legislative committee, as I understand it, is still stuck somewhere around clause 12, after two full weeks of clause-by-clause hearings. All of the productive work that's been done on this piece of legislation, unfortunately, has been done outside of this place, in consultation with the stakeholder groups.
That is not as it should be. It would be very useful if we could make the committee process in this place relevant to the things that the stakeholder groups are saying and prepared to see done as positive changes to our legislation, but unfortunately the opposition parties have not allowed that process to happen.
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We have proceeded with those consultations, because of their stalling tactics, unfortunately, outside of this place, and those consultations have been extremely useful and helpful to the government. The amendments we've tabled to the legislation itself, some of them reflect concerns that were raised by the insurance industry, some of them reflect concerns that were raised by ARCH and other victims' groups, some of them reflect concerns that were expressed by the consumers' association and rehab people.
In addition to the legislative amendments which we've tabled, we also were able, as a result of those consultations, after one year of our release of the original draft regulation, to table with the committee a significant revision of those draft regulations for the committee's help in its considerations of the bill.
In addition to that, I mentioned a few moments ago the task force which was set up in February which brought the insurance industry and the victims' groups and the consumers' association together at one table -- a task force that was run by them, not by the government -- where they sat down together, in a way in which this legislative committee hasn't had any success at all, and hammered out some very difficult issues of contention between them around rehabilitation, long-term care and extended medical. A package of recommendations in that task force report, over 100 of them in all, is a very good, positive and significant input into the debate around this legislation. Unfortunately, we've had none of that positive kind of input from the committee process here.
Mr Murray J. Elston (Bruce): You've hardly ever been there. How would you know what's happened there?
Hon Mr Charlton: I didn't sit at the task force every day, either.
Mr Elston: Tell the whole story.
The Acting Speaker: Order, please.
Hon Mr Charlton: It has been a lengthy process, but it is a process that is going to draw to a close. It is a process that must draw to a close. It's time the opposition members asked themselves what it is they're trying to do. What is it that opposition members are protecting by continuing to stall on this legislation?
One of the things they're protecting is unindexed benefits. Every day that goes by without the passage of this legislation, there is a new individual out there somewhere who is injured, who, at the end of the day, because of the date on which his or her accident occurred, will be stuck, because he or she is totally or significantly disabled, with unindexed benefits for the rest of their lives. Every day that this legislation is stalled, we continue with unindexed benefits.
Every day that this legislation remains unpassed, we continue with a piece of legislation -- and I say these words carefully for the House leader opposite, who was the author of the current legislation. Every additional day, we have people out there -- children, students, homemakers and the unemployed -- who, yes, under Bill 68 get a minimum benefit of $185 a week unindexed, but not access to the kind of fruitful, useful benefits that are set out in Bill 164 in all of those cases.
This bill should pass and it's going to pass within the next couple of weeks so that we can get on with the process of sitting down with the insurance industry and implementing this legislation in the best interests of the drivers all across the province of Ontario. The process has gone on far too long already. I have been patient throughout the eight weeks since the House returned and it's time to deal with the inaction and the indecision that exists in the opposition parties around a benefit that's very important to the people of this province.
The Acting Speaker: Further debate?
Mr Elston: I have heard a number of speeches made in this House by a number of people, some of them very animated because of things that have taken place or not taken place, but I have never heard a piece of work like this from a person like the government House leader in all of my life. I have not been here for ever -- I have been here since 1981 -- but I have been faced and confronted with a number of ministers from the opposition side of the floor. I was here during the sojourn of --
Mr Harnick: Don't leave, Brian.
Mr Elston: On a point of order, Mr Speaker: The government House leader and the minister responsible for this piece of work is now leaving. He doesn't even have the courtesy to listen to anybody who wants to talk to him about this thing.
The Acting Speaker: Thank you. That's not a point of order.
Mr Elston: He has chosen to show the greatest of disrespect for this Legislative Assembly by doing his motion and then walking flat out on this process. Mr Speaker, what are we supposed to do?
Mr Jim Wiseman (Durham West): Point of order, Mr Speaker: On that same point.
The Acting Speaker: Order. It was not a point of order.
Mr Wiseman: Well, then you should have ruled him out earlier.
Interjection: He did.
The Acting Speaker: The honourable member for Bruce.
Mr Elston: We now know what the government House leader thinks of the Legislative Assembly and how much importance he believes and his party believes there should be for honest men and women to have their say in here about items of public policy. What they have basically said is they don't want to listen to anything that has a possibility of making Bill 164 even somewhat more reasonable to deal with.
Let me start by dealing with the issues that the minister and the government House leader raised, one about the delay in committee. I have not been the critic for this area except from the beginning of this particular session of the Parliament. I went into the committee meetings relatively new to, although not unfamiliar with, the auto insurance material because I have been, of course, as was noted, responsible for its conduct while I was a minister of the crown. But on each day in which I have been involved in that committee, on each occasion when I had the opportunity to speak -- and was, in those days, also speaking in conjunction with members of the opposition and indeed some of the members of the government party -- we had passed amendments to the statute which have been agreed to, sometimes proposed by opposition members and agreed to by members of the government.
Anybody who knows about the operation of the public committee system here will understand that there cannot be the passage of an amendment to a bill unless at least some of the members of the government agree, either actively by voting in favour of the amendment or --
Interjections.
The Acting Speaker: Order, please. Shouting at one another across the floor will accomplish absolutely nothing. The member for Bruce has the floor. Please let him proceed.
Mr Elston: As I said, we cannot pass an amendment to any legislation unless the majority of the members of the committee vote in favour of it. I must note that from the time of my involvement, as recent as it is, in particular with respect to 164, each day had occasion for the passage of an amendment which has added something to the benefit of the implementation of this statute. For the minister to say that he's been more than patient with the stalling when he and his colleagues have agreed to accept amendments which we have proposed would not be to give credit to the committee process at work, and successfully at work.
On occasions in the committee, while the minister says we were stalling, his people, his parliamentary assistant and others, had to stand down particular sections while they went away to consult with their own legislative advisers on what the effect or impact of a proposed amendment would be. In fact, if there was a stalling going on, it was the government, which didn't understand what the sections would mean with an amendment attached to it. They would go away -- in fact, left for a week at a time -- and while they said they would undertake to get back to us before the committee again was brought back to work, we would not hear about their reply to our proposed amendments until we actually got into the House.
At one point, I asked the honourable minister to explain to us the effect of certain activities around certain things that were being discussed with the insurance industry, because there was a close association established between the minister, as he has rightfully admitted, in consulting with the industry about certain parts of the bill. There were certain questions unanswered as we went into the committee. When we asked him to tell us what the result of that was going to be so that we could examine the bill with the knowledge of all of the decisions that were being taken by the executive council of this province, the minister said, "We will get back to you." But he didn't.
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We couldn't deal with the bill until we knew what his deals were going to result in with respect to the legislation, so we gladly held the legislation in abeyance while he went and did his business. I congratulate him for consulting, but don't blame us for the delay.
There were raised by the member from Willowdale particular questions of what was going to occur as a result of challenges to the Ontario motorist protection plan. He raised them reasonably, because the Court of Appeal in this province is now deliberating upon several questions of interest which might very well influence the way in which the OMPP is delivered in the province today.
It was a reasonable question, in my view, and I supported the member from Willowdale as he raised time after time the point that we should wait to hear what is happening so that we can then determine whether or not the threshold which is envisioned under 164 should reasonably be amended or should be left alone.
These are not the tactics of a group of people who are bound and determined to delay at any cost. These are the actions of opposition who are requiring the government to come to account for the overall program which is put before the people of the province to be consumed by them.
Do you know, not only does this act, when it comes into force, require certain things to occur, like the loss of economic loss rights for the injured accident victims in their courts, but it requires the public, every man and woman in this province, to pay for the mistakes of the New Democratic Party? That's what is so unconscionable about the movement which is now undertaken by the government House leader.
We're not delaying. We're examining, we are critical, we have an eye for detail which we believe will influence badly the outcomes of accident victims' rights and needs. That's clear for any reasonable person reading the committee Hansards. The record is there.
I had in fact on some occasions the support from the member from Durham Centre, Mr Wiseman, or is it Durham West? I'm not certain where exactly his riding is; he's from one of the Durhams. And I was glad for his support when we amended the notice provisions from the companies to the individual accident victims.
We, as rural representatives, had some real concern about the fact that there was a five-day notice provision if certain steps were to be taken against the interests of the accident victims. Instead of the five days' notice, both Mr Wiseman -- I'm sorry, the member from Durham West -- and myself agreed that there has been a certain deterioration in delivery under the Canada postal service with respect to the outlying areas in this great country of ours.
Mr Speaker, while the federal authorities can boast that perhaps there are some advantages to delivery in the larger urban centres, people like me, who represents Bruce county, a rural, outlying area, and yourself, who represents S-D-G & East Grenville, as it is now called, know that sometimes smaller communities aren't served as immediately by Canada Post as they used to be.
So there was a reasonable public policy decision taken in the committee by me, in conjunction with my colleagues from the Conservative Party, and supported in the end earnestly by the members of the government caucus. We amended that section and it was reasonable so to do. That was not a stall. That was really a decision taken to amend the bill to make it more palatable for all of the people of this province -- hardly a delay -- and I invite anybody who wishes to look at what has taken place to examine the record in committee.
Let's just stop for a moment and then go back beyond this past summer. Let's take a look at the whole historical narrative of this 164. If you really, as a reasonable person, stopped and investigated the record, you would find that this 164 is not in the format that was originally proposed. Not only that; neither are the original drafted regulations which were a companion piece of this particular legislation. Changes galore.
In fact, their amendments are probably this thick. Page after page after page of correction of inadequate drafting that was put in place by a government that was harried and hurried in trying to cover up its great retreat from the public auto insurance which it had determined, in the election of 1990, to foist on the people of this province.
In this House there are actually some members who weren't here before 1990. Unfortunately, that is the case. Some of them I have great, great affection for in the sense that they are dedicated and well-meaning and well-intentioned people. But they don't recall everything that happened before 1990 in terms of debate. For instance, during the election of 1990 everybody in the New Democratic caucus saw Bob Rae arm in arm with, hugging the member for Welland-Thorold and saying what a great champion he was of the cause of good as he opposed the bill which I was responsible for.
I admit fully that the Bill 68 which was passed -- I wasn't wrong, but the bill which I passed will have as many inadequacies as any other humanly set-up system. It should be improved, it should be brought forward. You can make improvements to that, if you want, or you can do as you're doing, Bill 164, but you've got to admit publicly that you are trading off major rights which innocent accident victims used to have to pay other people benefits. The most seriously injured in our province of Ontario will be left without coverages which they are today entitled to have.
The member from Hamilton Mountain, the government House leader, has indicated here that, every day that we delay, certain things are taking place which are unconscionable. But if anybody here would be fully explanatory of the nature of auto insurance, they would fully understand that the real area of changes to be contemplated by the government is all under the regulation.
If it wants, for instance, this government can move by regulation to amend schedule C. If they think $185 a month is not enough for an individual, they can change schedule C, the schedule of benefits, by regulation. It need not be done here. If they think that there are some inadequacies with respect to the amount of rehabilitation, it can be done under the regulations without coming into this place. If they want to change other of the accident victims, the so-called no-fault benefits which were initiated originally by the government under the Progressive Conservatives, they can be amended under the guise of new regulations to the bill which is currently in place.
Why would the member from Hamilton Mountain stand here and say that people are being prevented from taking advantage of new benefits when, under his control, he can change all of those benefits without resort at all to this particular place? He could do it tomorrow. In fact, you could do it this afternoon if you got all your cabinet people together. You could do it this afternoon, tonight. They could get that regulation passed and they could clear up a whole series of difficulties. Indexation of benefits could be changed under the regulations. It seems to me what these people are doing is not accounting for all of the things that could be done if they wanted to have them done.
What we have here is a government House leader who has run wild, run rampant with his blatant passion to get through his one piece of legislation, 164, at all costs, not only to the people of this province who are looking to the government to provide some protection both against cost increases and against the loss of rights in setting right a state of affairs which has been interrupted by automobile accidents, but he has taken a shot at the ability of men and women to come to this place and argue the public position which they hold, sometimes -- in fact, most often as a result of the way this administration is now developed or evolved -- of contrary opinion.
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If it were known, if the people on the government side of the House were allowed to speak, there would be a whole series of individuals joining the chorus that says, "The government has lost its way, the government has lost its principles, the government is not standing for the things that I ran for as a New Democrat." Those new members of the New Democratic Party who found themselves elected after 1990's election would speak and they would say, "That is not my way," because there are a number of those people for whom I have a great deal of admiration because they hold very fervently and strongly a particular ideological position. I don't always agree with the things that they hold most dearly -- that's the nature of this business -- but I do not for a moment stand for an assembly which will not allow them to stand freely and put their disgust on the public record so that their constituents who elected them know full well that they also oppose what the government of this province represents in this issue or any other.
It's interesting: The New Democrats have really chosen -- I shouldn't say "the New Democrats" -- Bob Rae and his House leader and the people who really pull the strings around there or spring the traps or pull the ropes or whatever it is that they do, have really --
Mr Len Wood (Cochrane North): Just say "the government."
Mr Elston: No, it's not the government. There's a series of individuals, I say to the member from Cochrane North. It's not the full government. I speak with members of the administration, I speak with members of the government caucus, and we have some very frank discussions. I'm not betraying anything to let people know that there are a number of individuals who hold very fervently and strongly their original positions on which they were elected to serve their constituents in this place.
But what the New Democrats have done, what their change has been, is to stop anybody from speaking on any particular subject, but to choose various locations for some dissent to be exhibited. There would be more speakers on this motion who would condemn an end to the discussion of the public policy issues around Bill 164 if they were allowed. Now the government House leader and the various ministers tell their members, "You have a 20-minute speech -- make it five," and when it comes time to delivering your dissent: "I'm sorry, we don't have time for you. We don't want to hear your dissent. You've told me, that's enough. Keep it quiet, don't embarrass me."
The government party has become a party of designated dissidents. You can't disagree with any of their policies any more unless you get the seal of approval from their administrators. It is unconscionable what I have seen happening to the New Democrats and as a result it is unconscionable to have this type of time allocation motion brought before us to end the public debate with respect to 164.
Before I get back to the details of this motion, I would like to raise an item of concern to me. It was attempted by way of point of order by the member from Parry Sound, the House leader for the third party, and was not seen to be a point of order. Perhaps technically it is not a point of order, but it is an indication of the manner in which this House is being manipulated by the government House leader for his own purposes and for the pure political purposes of the New Democratic Party's chief administrators.
Mr Speaker, I read to you the orders of the day for June 8, 1993, and there listed is the government notice of motion number 4:
"Mr Charlton -- resolution -- That, notwithstanding standing order 9, the House shall continue to meet from 6 pm to 12 midnight on June 15, 16, 17, 21, 22, 23 and 24, 1993, at which time the Speaker shall adjourn the House without motion until the next sessional day."
The second item, number 22:
"Resuming the adjourned debate on the motion for second reading, Bill 38, An Act to amend the Retail Business Holidays Act in respect of Sunday Shopping. Hon D. Christopherson," as the minister responsible.
Those two items appear on the daily schedule of business and it is, if anybody has been in opposition, the schedule by which we plan the meetings and attendances for our various members who are responsible for whatever there is that comes to the House. The House leader, in the way things are run currently, of the Liberal caucus and the chief government whip are often sort of the designated attendees to override the situations where someone has inexplicably been called away to important government business, important business in a constituency or called to meet government ministers or whatever happens. We generally try to make ourselves available whatever the issue, but we program all of our members' schedules around the daily events.
Last week on Thursday in the House leaders' meeting, there was not one mention that this time allocation motion would be called this week. We were understanding, although we had not seen it, that there was something being drafted, and I give that to my friend the member from Hamilton Mountain. We knew that something was coming because he has been threatening us with this for many, many moons indeed. But there was not one mention that we should have someone here responsible for auto insurance to talk about the conduct of the business. If I were able to plan it somewhat better, I would have called in some members of the committee who served not just in the last few days but also people who were here some time ago who could have added to the discussion about how much work was done and about how many people did show up.
For instance, I am just repeating secondhand information, but I am told by some reasonable people who have objectively reviewed the proceedings of the committee hearing schedule that well over 80% of the deputants who came in front of the committee at hearing times were opposed to the way Bill 164 was put together, and that as a result of some of those deputations -- mostly, I guess, to the parliamentary assistant, who probably had to sit through all of them, unlike ministers who are not punished with having to listen to everything -- there were probably, there are in fact, some of the amendments which are still pending in front of the committee that resulted from those public deputations. But I'm told that some 80% of the people were against. I am also told that some of the amendments drafted by my colleagues from the Progressive Conservative Party resulted from some of those public presentations when it became clear to the people who had been discussing Bill 164 with the government that they had run out of their options in terms of negotiating a reasonable position on various issues unresolved, in their favour, by the minister.
I would have had those people here. They could have told us how much had taken place, how much activity and time were spent in trying to understand what it was going to do to the broker community, what it was going to do to the cost of this product, what it was going to be doing to all of the people who have been advocating on behalf of various accident victims' groups. Those people would have had the historical narrative to provide to this debate today to determine whether or not the member from Hamilton Mountain is being exactly precise with his description of what has gone on with this particular bill.
Mind you, it's interesting to me; I know he's not being totally accurate with all of the things that have intervened from the time this was first introduced. For instance, he hasn't told us how may changes have been made. He hasn't told us about the fact that just until two weeks ago he was still talking about possible changes to the threshold, and anybody who knows what's going on in this legislation knows that the real key to this area is in fact the threshold. I have no problem acknowledging that. I have no problem acknowledging the fact that under Bill 68 there were a whole series of people who were not happy with the threshold that was determined under my leadership. That's the way things are. Sometimes people agree and sometimes they don't. But I understand that the threshold is an interesting part of the legislative scheme; it is critical.
What we now know is that until just a few days ago, there were discussions that were going to determine whether the minister was going to change one of the most critical aspects of this particular legislation, and that tells me we had not been long enough in determining whether or not Bill 164 had enough public debate.
Well, we still really don't know where this bill is going to end up. The minister and the member from Hamilton Mountain, the government House leader, who said he was going to be back here -- he has certainly still not appeared some 25 minutes later, and I suspect he doesn't care to listen to any of the materials that I am offering him as a way of --
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Hon Bud Wildman (Minister of Environment and Energy and Minister Responsible for Native Affairs): Order. It's against the rules to refer --
Mr Elston: That's right. Somebody just said it was against -- he indicated he was coming back when he left; I'm only identifying what he identified. The member from Algoma is interrupting and he rightfully is interrupting me. I apologize for bringing attention to the fact that Mr Charlton is not here,
but he is coming back. He told me that, but I wish he were here to hear the full story. I sat and I listened to him make his presentation. I listened to the lecture, and I'm quite prepared to do that if he is prepared to listen as well.
But let me come back to a couple of other things. Let me come back to the House schedule. The orders of the day do not contemplate us moving today to this time allocation motion. It was a sneaky attack. It was an indication that there were several people that the government House leader didn't want to have here. He was hoping, for instance, my friend from Dufferin-Peel and my friend from Willowdale would be gone someplace so that they would not have their say, because they have covered almost the entire proceeding. The member from Willowdale has just a passing interest in this whole affair, but has been none the less attendant at almost every public performance of the public review of this case. I am pleased in fact that he's able, on short notice, to show up here.
But the same is not to be said for some of my colleagues who were in the committee. They had other obligations that take them away from this place and on the spur of the moment cannot be called back here. It was a trick. It was the way in which the New Democrats are now manipulating the democratic forum. They trick people. They put them out someplace and then they call business which was not scheduled or even considered for calling.
Probably if I were to be looking at this very carefully, they may not have been too concerned about the disadvantage at which they would be placing the opposition politicians. Although I'm sure we're held in quite high esteem by the members of the New Democratic Party, they probably don't care to listen to our speech. They're probably not all that concerned about us. They might in fact take leave of the House and never return when we're speaking. That's a possibility.
But the thing that these people more than anything else are concerned about, they are concerned about the fact that Peter Kormos might very well have been here, had he seen the orders of the day which said today, June 8, would be the day we debate the time allocation motion for Bill 164.
Guess what, Mr Speaker. These people -- Brian Charlton, the government House leader, Bob Rae and the rest of those behind-the-scenes-type people have played a trick on the member from Welland-Thorold. They have been sure that the member from Welland-Thorold would not be here to intervene.
You see, although he is disciplined in many others, on this issue the member from Welland-Thorold has been completely consistent. He has been completely against. He has not supported the government and would not -- in fact while he took a strip off me for closing down debate after his 17-hour dissertation, including a whole series of readings of phone messages, if the member from Algoma can recall. In fact he came in for some of those, not all of them. I was here for about 90% of them, even some of the phone messages from my own riding. It was very intriguing.
But Peter Kormos, the member from Welland-Thorold, has been completely consistent, and he would have stood in this House, had he known the business that was being transacted today, and spoken against it. That's why this motion is on today: because the member from Hamilton Mountain has determined that he is away.
Mr Harnick: I remember when Bob Rae used to have to rush in and have his picture taken with Peter Kormos for auto insurance.
The Deputy Speaker (Mr Gilles E. Morin): The member for Bruce has the floor.
Mr Elston: As I said, the government House leader has determined that the member for Welland-Thorold would be away today and would not be able to participate in this debate.
While they want to disadvantage us as members of the opposition and complain about how we hold this thing up, although the story on the record is clear about the number of amendments taking place in this most recent edition of committee hearings, he accuses us of delay. I accuse him of trying to make sure that the member from Welland-Thorold is not allowed to speak on this matter because he knows how embarrassing it would be for the government in that regard.
It's quite interesting. You know, there is a longer history to time allocation motions on Bill 164 than the government House leader would let any of us believe by his remarks. You would think that he had been the most--what will we say?--the most patient, the most sort of tortured man as he tried to let the democratic process take its way.
Well, Mr Speaker, can I tell you something that the member from Hamilton Mountain didn't offer by way of explanation about Bill 164? His predecessor, Mr Cooke, as he is referred to in the final status of business report -- he's also the member from Windsor-Riverside -- had introduced a resolution way back in the last session that talked about time allocation for Bill 164. Isn't that surprising?
You know something? The member from Hamilton Mountain really forgot that what they did was they introduced all of these resolutions for time allocation, and in fact Mr Cooke held this over the heads of individuals in the House leaders' meetings, meeting after meeting, forcing us to close down our debate on second reading so we could get into committee, and a deal was struck to do something in committee.
It was held over our heads, not as a bargaining chip but as the final solution offered by the member from Windsor-Riverside in his then position as government House leader, and the member from Hamilton Mountain now stands in his place today during his presentation saying how patient they were. Well, they got their way by hanging this thing over our heads last session. They used it. They used it and they extracted from us a compromise that got us into committee.
The people of the province of Ontario looking at the proceedings will know that the history of Bill 164 and its usefulness as a tool have been much different than the member from Hamilton Mountain would allow to the public today. I am surprised that the member from Hamilton Mountain, if he was giving a full presentation of the historical narrative that surrounds Bill 164, wouldn't have told us about this and its negotiating chip type of strategy.
I'm surprised that he didn't tell us about the number of changes that have been made to his bill, not only by himself but by members of the opposition party, and helpful suggestions they were, according to his colleagues who staff the committees. "Oh, there's nothing substantive," he says. Perhaps there isn't, but they are all changes that will make it easier to implement the bill, so said by his parliamentary assistant and by others, but he denies that the committee process is working as it ought. He denies that this is not the first government time allocation motion that was brought to deal with Bill 164 and to force and push the debate quicker and extract promises of a restrained debate on this issue. He has forgotten. Either that or there is something in the way in which he presents the case that has him fearful of telling us about all of the details.
This is not the same Bill 164 that we saw before, because there have been at least a couple of major changes, substantial changes, to the companion regulations which this minister brought forward when he originally introduced the bill. In fairness, he need not have brought the regulations out at all, except that to understand his legislation you really do have to have the companion piece, the regulations, along with them to accompany the discussion.
I did the same when I brought in Bill 68. In fact, if you remember correctly, the member from Welland-Thorold, on all occasions, Mr Government House Leader, was advised, because he was the critic then for the opposition New Democrats, when the business of the House brought us to deal with Bill 68, and I can remember the speeches that were made by Mr Kormos day after day as he not only said things about the bill itself but about the regulations.
But if we'd gotten the full story from the government House leader, he would have told us about the number of changes, about the negotiations which were changing the nature of Bill 164 even as the people received deputations from the public; even as the clause-by-clause was begun; even as the clause-by-clause began again after the opening of the new Parliament. And he talks about our delay -- a most unfair accusation when you consider the nature of the changes that are being contemplated and in fact are being done, probably even as we speak.
Now, he spoke for some time about the rehabilitation task force, and I think that was a very successful undertaking, but it is not the bill. The rehab and other schedules can be done under the regulations, and while I commend him for going into that type of consultation, it is the same type of consultation that the Tories did when they first brought schedule C in; it's the same type of consultation I did with other parts of schedule C, the no-fault benefits, when I was there.
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There was nothing unusual, except perhaps that it is more precisely connected with rehab and long-term care services. I acknowledge it. I acknowledge that was a good task force. I acknowledge that was successful. A number of the people who were in it felt it was working. But believe me, it's hardly novel and it is not the type of consultation which will lead to a better presentation of the issues around the public consideration of Bill 164, the actual legislative framework for those regulations.
It's a wonderful adjunct, it's a wonderful helper, but it doesn't talk about the threshold. It doesn't talk about the nature of the removal of the right to sue for economic loss. I know that is probably one of the more devastating parts of this bill, as it concerns the member from Willowdale, though I'm sure he will speak for himself and can do quite well.
For me, it is outrageous that he contends we have delayed, when this bill changes shape and style day after day, when we have to stand down full sections of the bill being debated in the committee till his people can come back with a reply to the members who have asked honest and detailed questions, just to repeat because you were away briefly.
The member from Willowdale wanted to know what the result of the Court of Appeal challenge on OMPP will be, because there could be a substantial change in threshold. No answer, although the parliamentary assistant was diligent in trying to seek that out.
What would be the end of the discussions, because I was aware of them, as were others, between the minister and his people and the insurance industry with respect to, perhaps, changes in wording on the threshold? That was something that was not given to us. It seemed that it was hardly worthwhile proceeding to do the bill if hours from the time that we dealt with sections, the minister was coming back with amendments.
Well, we got tons of amendments. We got tons of amendments because those people determined, after they'd gotten through the draft, and then heard deputations and heard other people's presentations, that they needed to make changes. Some of them were actually negotiated with the insurance industry to try to clear up wording which was badly fashioned and in fact would disadvantage a number of the people who would take benefits under insurance coverages as a result of auto accidents.
There was no acknowledgement that in fact those changes were developed as a result of the extended hearing process. The member from Hamilton Mountain seems only to want the people to believe that there was nothing useful in the committee deliberations, and that is not correct. It is correct that the committee hearings and the deputations that came before the committee found real flaws with this bill. They found flaws in addition to the concerns about whether or not the member was actually going in the right direction at all.
There are some people who will probably always disagree with the choices he makes, but as a member of the executive council, he is charged with making those decisions, and I have no question about his right to make those. He can be wrong; that's his right. But why is it that when he takes a decision, he believes there is nobody else who can raise in this public forum a concern about what we believe to be grievous errors in public policy?
Let me ask a simple question. If we cannot raise concerns about what we believe to be bad public policy, in the people's chamber, by way of complaint or identification, by way of argument, by way of interrogatory, then what in the world is this chamber for? This chamber is not to be used as a rubber stamp for the executive council's priorities. This place is to be used to address the concerns of our constituents to the executive council. It is a different type of government where the executive council governs by fiat and requires the people's representatives to come and rubber-stamp their deeds.
Hon Mr Charlton: What about the amendments you allowed in 68?
Mr Elston: The member from Hamilton Mountain, who is wanting to know about the amendments to Bill 68, will probably know that there weren't too many amendments allowed because mostly we were listening to Mr Kormos, the member from Welland-Thorold, reading a whole series of telephone messages for well over 17 hours in this particular place. In fact, he will go down, as a result of the rule changes, as the longest-speaking member on one subject without result.
There is no question that Bill 68, about which the member wants to remind me, will probably be determined to have some flaws in it. In fact, that is the case, because whatever we as humans manufacture to try and deal with problems, we will soon discover that either problems have outstripped the nature of the wording or we have neglected something that was possible to deliver. Sometimes that's clear.
The issue of indexation of benefits was an issue we had to wrestle with. The question of affordability and the ability of people to deliver a service over the long term with respect to that issue was something we made a decision upon. He can say we're wrong and that's okay. I have to stand by my decisions. But we listened day after day to the member for Welland-Thorold telling us about those mistakes. We listened day after day to the member for Leeds-Grenville telling us about those mistakes.
Mr Speaker, you know what really makes me a little bit angry in listening to the member for Hamilton Mountain lecture us about the number of minutes on third reading? He didn't tell the people of this province how long was consumed in second reading debates and in committee work. He neglects that. Do you know why, Mr Speaker? Because before the passage of these really draconian speaking rules, a member could go on for as long as he or she wanted to speak. In fact, Peter Kormos's 17-hour marathon stands as testament to the fact that once a member started to put his or her case, he or she could put the case until he or she was exhausted or until there was a motion to do something else by the government.
Well, 17 hours in my last reading of my mathematics book is much more extensive than a 30-minute time line that any of the members now has. We listened as the member for Welland-Thorold, who was standing here on this side of the House in his opposition days, put his case day after day. We had to agree to disagree, basically. I don't think we ever even agreed to disagree; it was just something we could not deliver at that time.
While the member for Hamilton Mountain is here, I'd like to tell him that while he complains about the problems of the amendments not taking place quickly enough from his point of view, he should be reminded that all he has to do is amend the regulations. I said that once before; I repeat it now only because I think it should be freshly said in his presence.
When I was the minister and in charge of the auto insurance thing, on May 9, 1990, this is what I said about the bill and I quote: "People will disagree with the initiatives of government, people will disagree with the interjections from the official opposition, people will disagree with the member for Sarnia who, as interim leader, has so well led his party. That is the nature of our business." The member for Sarnia was not the Mr Huget who is in the House today, but one Mr Andy Brandt who was then leading the Conservative opposition.
We have to acknowledge that we are not all able to be agreeable to all issues. But we also likewise have to agree that the people's chamber is where we bring those disagreements for an airing. What do we have today? We have with a degree of finality the answer of the government House leader to any disagreement: that is to finish up in committee in one day; after that to come back to the House, although the rules allow us to go into committee of the whole, the rules allow us to debate the report of the committee to this chamber and allow us a debate on third reading.
The member for Hamilton Mountain, the great democrat -- the great democrats who form the government party -- has said there will be no report of the committee to be debated, there will be no committee of the whole in this Legislative Assembly and there will be no extensive third reading debate. There will be, in fact, only two hours of debate.
What the member for Hamilton Mountain didn't tell us is that in previous parliaments at previous times the debates were held on second reading extensively, that debates were held in committee extensively and that only on closure -- which was rarely used even by those nasty people, the Tories, when I first came down here, and they had some tough stuff to do -- we did not find that we were shut down in committee very quickly. There is no question that with the recent realization about freedom of debate in the new Progressive Conservative Party caucus, they would probably cry large tears of concern if they read those Hansards from 1981 and 1982.
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Mr Harnick: You were just a kid then, and we weren't born.
Mr Elston: The member from Willowdale has indicated that in 1981, he wasn't even born. I suspect that he's probably exaggerating just for the sake of exaggeration and trying to get my attention.
If people think that they have to bring into the Legislative Assembly, on items like Bill 164, time allocation and closure, basically the end of the public debate, because they think it's a serious issue -- and it is serious in some ways -- they should look back in Hansard to examine the issues which were confronting the Progressive Conservatives and other administrations, the Liberal administration, to see exactly how much time did pass before time allocation was dealt with.
If we could just go back to one item which is paralleling today's activities, for instance, the New Democrats in 1981 and 1982 in this Legislative Assembly were confronted with the prospect of voting for two wage control bills authored then by the administration under the leadership of William Grenville Davis, the Premier of the province, the member from Brampton. The members will know that Bill 179 and Bill 111 were not really happily received by the New Democrats and others of us, and we went on and on and on and on.
So we should look at the history of the development of the discussions on those issues and the amount of activity that was undertaken by the New Democratic Party of the early 1980s to ensure that every person could be heard.
Now we are left with a mere shadow of the democratic party that these people used to belong to. They will give individuals a mere seven or eight minutes in front of committee to put their position. They will give groups 15 minutes and half an hour in front of the committee to put their position on very important public policy undertakings by the government, not just Bill 164 but on others as well.
The labour bill is a case in point. It is one that has caused a great debate in this place, and there will be others. Tax issues will cause us great concern, but we are limited in what we can do. These people, the New Democratic Party, have brought that into this Legislative Assembly.
I make one more point about the nature of the people's House. I represent one of 130 seats, and it is from time to time my need as an individual member to stand in this place and bring my constituents' interests to the fore.
Today, I was allowed a question in this place of the Minister of Natural Resources and I raised the issue of the $113,000 problem that confronts the Saugeen Valley Conservation Authority and the $250,000 problem that confronts the Grey Sauble Conservation Authority because of the public policy decision taken by the executive council of the province of Ontario to end the conservation land tax rebate program. It looks like there will be no option for those people except to not pay their taxes or to make a special levy on the property taxes of the areas in which those two conservation authorities exist if they are to pay the tax for which they regularly had received to this point a rebate.
It is my role, as a result, to bring that to the attention of the executive council, and I did it in this forum, which is what the standing orders allow me to do. I hope that it was of some important effect.
I hope they will see that there is a real danger in losing the public-trusted lands which have been accumulated under various conservation authorities, not only in the Bruce area but in all of the areas of the province of Ontario. Those public lands are an important trust for people so that they can go there and examine the types of initiatives that we have been taking as a generation to ensure that our children and their children and their children will be privileged enough to visit some of the most beautiful and most important lands that Ontario has today to offer, and that is my right as a member. It says so in the standing orders. I can raise that as a local issue.
I can raise the issue of the Bruce A generating station and the problem which confronts the men and women in my area who must deal with the prospect of loss of employment, in fact the loss of that facility.
That's what the people's chamber is for, so that I can stand up and say, "Prime minister, Finance minister, government House leader, your public policy decisions are wrecking the Bruce constituency," or, as I did today, "Mr Minister of Natural Resources, take to heart the advice given by the conservation authorities' association representatives and consider a new way of delivering public services to the province so you can get on with good public administration. That's what this House is for, so that I can voice my concerns on behalf of my constituents.
Today, the concerns that I have with respect to Bill 164 cannot and will not be presented to the government on third reading because I will have but two hours, among some 130 others who may wish to speak. I acknowledge that probably that should be 129 -- actually, 128: One member has resigned recently, as you know, so his seat is vacant, and the Speaker does not participate in debate, so he will not partake of this debate either. But the rest of us, 128 others, will have to share some two hours on third reading if we decide that the letters that are addressed to us -- I'm just getting a letter from home. Oh. It says something that would be contrary, I'm sure, to the advice of the government House leader, but it says, "Good speech." I'm taking this home and having it framed and putting it on the wall. It's the first time I've received one of these in ages.
But let me tell you that the real problem for me is that for two hours on third reading, after we finally come up with a final form for this bill as it hits us, we will only have two hours to put the case for the public.
I understand that there has been a lot of consultation. There's no question that in administrations, you talk to people as long as you can and then you have to come up with a decision. The Conservative government did it, the Liberal government did it, and the New Democratic Party government is doing it. You talk until you get a consensus, or if you can't find a consensus, because on some issues there is none, you make your decision and you move with it. I did under 68.
But having done it doesn't give you the right to shut everybody else down because you're fed up with hearing the public's disenchantment with your public policy position. That's not what the people's chamber is about. The people's chamber is about presenting public dissent on an issue of public importance. Sometimes we help with legislative schemes. I made a speech here about some of the things that happened under the cooperative act that we did in the last Parliament, because we exhibited a certain degree of cooperation as we sped that bill through the House because there was a series of issues which were raised at various stages of debate and the minister reacted by changing some things and helping all of us feel much better about that bill.
That could happen in these cases, although I suspect -- in fact, I think it's quite fair to say that there is a real disagreement about the issue of threshold and some other initiatives under Bill 164. Those things may never come to an agreement.
But it is not right that the dissent of the opposition is quieted. It is not right that the dissent of the members opposite who serve in the government party is quieted. It is not right that the business of the day is ordered differently than public notice was given so that the member from Welland-Thorold and others in the government caucus would be away when this was sprung on the unsuspecting people's Parliament.
There are a lot of things I could say more about the way this has developed. I had some interesting quotes. Actually, I'm going to read a couple of quotes which I think you will find are quite interesting. There's one from Bob Rae which, as I went through this material, I found quite striking. It was actually Bob Rae talking about the Liberals. Here it is, Bob Rae, December 5, 1989, in Hansard: "I can tell you what Bob Rae would say when the insurance companies come into the Premier's office and they say, 'If you don't do what we want, we're going to get out of Ontario.' I would say: 'Good riddance to you, my friends. Goodbye. We'll run the plan ourselves."' That is the truth, the simple truth.
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Mr Harnick: Who said that?
Mr Elston: That was Bob Rae as he then was, on December 5, 1989.
Now, it's interesting that after the change that occurred at Honey Harbour, I sort of got this glazed look in the eyes of the New Democratic Party members who either have forgotten about Honey Harbour or have, because of the result of that, suffered needless problems.
But here is what my friend Peter Kormos said about Bob Rae and the insurance lobbyists: "Their (insurance industry) lobbyists and consultants had a direct pipeline in some respects, on some issues, into the Premier's office."
When Mr Kormos was asked whether Mr Rae would achieve lower premiums, enhanced benefits and fairness without a takeover, Mr Kormos replied: "That's flat and simple horseblank."
Peter Kormos doesn't believe anything that the Premier says about this stuff. He probably doesn't even believe anything that the member from Hamilton Mountain has said about this particular bill. I've heard his speeches. In fact, it's too bad we couldn't resurrect them now and put them on the floor so they could form part of the record of this debate. It, unfortunately, can't be done. The rules don't allow it, but it would make interesting reading in the context of all of the other discussions that were going on. Peter Kormos doesn't think we've had enough debate. He thinks this bill is outrageous and he'll probably vote against it.
But I can tell you one thing: I'm against the time allocation motion. We have not had a stable piece of legislation for us to consider in the time that it has been introduced to this Legislative Assembly. It has changed. Deals have been struck quietly behind closed doors. Deputants to the committee -- before some people leave the chamber and go home without hearing the full debate -- have set up some of the problems that exist as a result of the way this is worded. We have made some improvements to a bill which we don't believe is good at all in its initial development, but we are willing to work in the committee to deal with the details. We're still willing to do that, and it's still not too late for the government House leader to withdraw. It is still not too late.
You see, there are other pieces of legislation which are coming. I mentioned before about Bill 179 and Bill 111 from a previous Parliament, authored by the then Premier, W.G. Davis, and today we are confronted by something of parallel nature: the social contract. The problem the Premier is having in dealing with the finances of this province has yet to be dealt with. Perhaps there is a reasonable compromise we can come to with respect to dealing with all of the business of this particular place, particularly if we ever know what they want to have done and accomplished.
If the Minister of Financial Institutions, as he then was, the minister now responsible for auto insurance, the member from Hamilton Mountain, would have told us what he wanted to accomplish without doing all this dithering and diddling around and making changes willy-nilly here and there as we try to deal with the bill, perhaps this would have been done. If he had listened to some of the sage advice from -- dare I say this? -- some of the Tories, who I find to have some reasonable positions once in a while, and from my colleagues, the Liberals, and even from some of his own people, this thing might have been done some time ago. If he had taken some steps to change the regulations, which he could do without even coming in this place, perhaps he wouldn't be in such a dither about doing the time allocation motion.
Mr Harnick: Murray, all he had to do was change a comma to "or."
The Deputy Speaker: Order, please.
Mr Elston: Mr Speaker, I'm having some help here, and actually I'm going to give the floor over to my friends in the third party very shortly.
But this is not the way government business is done. If he wants to close us down, he should just say, "I'm fed up with you birds and we're going to do it." But he tries to create some story about us delaying this thing, about not providing some value added to his legislation, concocting some idea of how he has made no changes at any time to this bill as we deliberated on it in committee, trying to play somehow the aggrieved innocent in all of this when he and his party have manipulated the historical carryings-on of this bill over the course of these past several months.
I'm against the time allocation motion. I'm against the way that this Parliament has developed under the New Democratic Party. I am against the way that they shut down people. It used to be that they just time-allocated us out of existence altogether and they did it face on. But now, to take care of their own dissidents in their own caucus -- namely, the member from Welland-Thorold -- they do it by giving us an order paper which is deceptive on what is actually going to be done.
The order paper doesn't talk about this happening today. If it had, and that had been shipped over to the member from Welland-Thorold, he would have been in his place and he and I would have found ourselves, interestingly enough, on the same side of an issue -- and we certainly had our days, when I was doing Bill 68. But today, he and I would have joined forces to condemn the loss of democracy in the people's place, to condemn the decision of the government to quit listening to the people who have a problem with their public policy. He would condemn the fact that his own colleagues, whom he knows, are not allowed to speak. He'd be here and he'd be saying it if there had been an accurate orders of the day paper for us to read.
I condemn the government House leader for the way in which he has put the story forth today, because it is not accurate. I condemn the member from Hamilton Mountain for the way in which he has sprung this motion on all of us so that the people with the historical background would not be present. I condemn the member from Hamilton Mountain for not telling the people the things that he could have done, had he wished, to make changes to the schedule of benefits. I condemn him for not telling the people of this province that, had he made his decisions in a more timely fashion, we could have done our business. And I condemn him for not acknowledging in this House that the real problem is that he wants public insurance but Bob Rae doesn't, and he is determined to wreak havoc in whatever way he can and have his way so that his personal agenda can overcome that of the Premier. Their differences are their problem.
I don't agree with public insurance. I would agree with those people who support the delivery of this public service by the private sector. I agree with that. Lots of New Democrats support the idea of public auto insurance, and I admire them for that position because they hold it because of certain beliefs. That's their situation. But it is not within the mandate of the member from Hamilton Mountain to take out his frustration with his Premier by shutting off those people who don't agree with him. But that's what this has become. It has become very personal. It has become a public badge for him to say that he did it with respect to auto insurance. "I don't care what I'm doing. I don't care how it affects anybody. I want this thing not to work. I want this thing to be in a position where I can deliver on my promise to bring public auto insurance."
He is trying to destabilize help which is needed for people who suffer accident injuries. That's a problem for me. How in the world can you do that just so that you can have a one-upmanship battle won with the Premier? How can you play that game? I condemn him for that, because other things could be done. Other steps could be taken.
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I must give way, and I apologize for taking so much time. I feel extremely strongly about this. I feel extremely strongly about putting the full case for people to deliberate upon. I'm sure that my friends from the third party will have something to say, and if they're gentle I will probably support them in most of it, but perhaps not all. But I tell you that this is the wrong thing today. It will create a new atmosphere in this House and it will, because the orders of the day no longer accurately reflect what this government intends to do day by day, set a new low for the nature of cooperation in the legislative agenda.
The Deputy Speaker: Any further debate?
Mr David Tilson (Dufferin-Peel): I wish to make a few comments on this motion which essentially is shutting down the debate on auto insurance. I will say that this place is becoming stranger and stranger and stranger as our time in this place goes on.
I look at rule 53, which talks about the method of giving notice as to what's to go on the following day. Indeed, today I think we were all prepared to discuss a number of matters. We were prepared to discuss, as was printed in the orders of the day, motion number 4, which is a resolution which talks about meeting from 6 o'clock to 12 o'clock on the days from June 15 to 24. Then we were to talk, after that, on Sunday shopping.
Every organization that I know of in this province has an agenda. This is our agenda: the orders of the day. In doing that, we're able to determine what sort of business we're going to conduct. I'll tell you, it's a very strange operation. We all have other obligations to do at the end of the introduction of bills and the routine proceedings. We have to go to committees. We have to meet with constituents. We have to meet with members of our caucus to discuss areas of legislation that are before this place.
That's exactly what we did, because we knew that today there was one motion and one bill that were going to be dealt with, one bill dealing with the Sunday shopping legislation, and who knows how old that is. But that's what we were to do today. I went to a subcommittee meeting, having duly been called to attend a subcommittee meeting to discuss a number of items on that committee. I watched on television, just by chance -- and it was literally by chance -- the House leader stand up and announce that today we're going to talk on shutting down Bill 164.
I will say that is the most sneaky thing I have seen this government do ever. It's a bill that has not been supported by anyone. It hasn't been supported by members of their party. It hasn't been supported by interest groups. It hasn't been supported by one delegation, not one delegation, that came before the hearings of this bill. This government has decided to ram this thing forward.
I'd like to take us back. Remember the promises of this government? Remember this funny thing, An Agenda for People, in which almost every item that comes forward, every commitment that's been made by this government, has been broken? One of the topics that was put forward was the topic of driver-owned insurance, public auto insurance, in which case the then New Democratic Party made it quite clear, when it was running for office, that it was going to support public auto insurance. They were opposed to Bill 68, which was the legislation that Mr Kormos, the member from Welland-Thorold, made his record speech on in this place opposing auto insurance, as did many of this colleagues in this place.
Then they got elected. The big fluke of the century occurred: This government got elected. They continued to announce that they were going to support public auto insurance, government-run auto insurance. Then they had a meeting at Honey Harbour, notwithstanding of course that the House leader and the member responsible for auto insurance supported a bill that was put forward by the member for Leeds-Grenville of our party to return to the tort system. That was done literally months before Bill 164 was introduced, which was on December 5, 1991. On December 1, 1991, Bill 164 was introduced. That's a long time ago.
Mr Bob Huget (Sarnia): What is the date?
Mr Tilson: Yes, what is the date today? You're quite right. We have discovered, through all the debates that went on in this place and in committee, that this government hasn't the slightest idea as to what it's doing with respect to auto insurance, hasn't the slightest idea. It gives us all great concern.
We have spent a considerable amount of time in committee, and it has been suggested by the House leader that we are filibustering, that the members in the opposition are filibustering. I can tell you that's not true. I can tell you that legitimate questions were put forward by opposition members of the committee which the parliamentary assistant, members of the committee and the staff for the ministry responsible for auto insurance weren't able to answer, so those questions were stood down.
Interjection.
The Speaker (Hon David Warner): Order, the member for Sarnia.
Mr Tilson: I'll tell you what questions were stood down. A number of questions were stood down and they remain down. The amendments have not been debated. We've spent hardly any time on any of the amendments, and those amendments that have come forward have been withdrawn. They haven't been withdrawn; they've been stood down.
This government has a lot to do, a lot of work to do in explaining to the people of this province where it's going with respect to auto insurance. I must confess, I believe it's all a grand plan, although, privately speaking to the member from Welland-Thorold, he says: "This government doesn't have a plan. There's no plan."
I can tell you what has happened with the auto insurance industry. They know that auto insurance premiums are going to go up, from their calculations, anywhere between 20% and 30%. That's not calculating the estimates that have been put forward by the Treasurer of this province with respect to taxing on auto insurance. It doesn't include that at all.
The minister responsible for auto insurance and the House leader of his party has said: "They'll be no increases in auto insurance. In exchange for that we're going to take away your right to sue for economic loss. You're no longer going to be able to claim for future loss of earnings." That fact is the most draconian, the most evil of all the provisions in this bill. You're simply taking away their rights to sue, those rights.
It's as if we're all the same. We're not all the same. My arm is different from your arm and his arm and her arm. We're all different. That's the problem, that when you have these injuries we're being treated as if -- it's a meat chart.
The big question I have is, will the insurance industry be able to absorb the increased costs of Bill 164? They have said they will not, notwithstanding the fact that the minister has said that rates will not go up. Already rates have gone up because the Treasurer, last year, reinstituted the premium tax of 3%. He has just entered the House. I'd love to hear his thoughts on this. He has reinstituted the 3% premium tax -- this was last year -- on auto insurance premiums. This year we're going to tax auto insurance premiums by 5%, and that's a tax on a tax.
We're also going to tax warranties, another tax on a tax, with respect to the fact that most of the premiums that are paid in this province are paid with respect to the repairs of motor vehicles. So it's a tax on a tax on a tax on a tax. That's the budget. That has nothing to do with the estimates that are being put forward with the government's own figures that premiums are going to increase at least 4.5%. Listening to the calculations of the insurance companies, they're going to increase as much as 20% to 30%, depending on which set of calculations you use.
The fact of the matter is that there are now three decisions that are before the Court of Appeal which have been reserved and which will probably be heard some time later on this summer, three decisions which are interpreting the threshold test of Bill 168. It may well be that the courts will interpret that threshold test that will satisfy the interests of this government.
However, this bill is going to be rammed through. It will be rammed through before those decisions have been made. I have submitted in committee that would it not be more appropriate to wait until those decisions have been heard, because it may well be that the threshold test --
Mr Huget: You are stalling.
Mr Tilson: You're saying the courts are stalling? Come on, give me a break. The fact of the matter is that is one reason why this legislation should be delayed.
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The second reason is that the whole principle of this legislation is based on regulations, the principle of regulations, because it's benefit packages. So after the bill was introduced some time in the early part of 1991 -- in fact, I think the regulations were introduced after the second reading of this bill. I've misplaced when that was, but the fact of the matter is that it was after the debate on second reading of Bill 164. That's when the regulations were brought in to be introduced. The draft regulations were to be made available for members of the committee and members of the public.
Then we went around the province, and in Toronto, and we debated, we listened, we consulted with the doctors, the lawyers, all those people, the injured people, all those people who have been involved in auto insurance since day one, since back in the days of Bill 68. We listened to those people and every last one of them, in order to understand the principles of auto insurance, had to comprehend the regulations. Every last one of them said: "We don't understand them. We can't make head or tail of them." Very, very qualified people came to the committee and said, "We don't understand them."
It was then announced that those regulations would be withdrawn and that a committee would be set up in which a new set of regulations would be put forward. We have yet to see those regulations, and yet we're going to ram this bill through without looking at the document that is needed to properly understand the philosophy of this government in no-fault auto insurance.
The third reason why this legislation should be delayed is that there's no one who represents the innocent accident victim. That submission was made in this House; that submission was made in committee.
I can't remember whether it was the parliamentary assistant or the minister responsible for auto insurance, to give him credit, who retained Professor Arthurs. Professor Arthurs is going to go away and he's going to come back, presumably in the fall, and tell us about a brand-new advocacy system of people and individuals who are going to be trained to look after the innocent accident victims on such matters as appearing before the Ontario Insurance Commission. We have no idea who those advocates are going to be. We have no idea how they're going to be paid. We have no idea what their qualifications are. We have no idea whether they'll be able to properly assist the innocent accident victims in dealing with the very experienced insurance companies.
All we know is that those are three very, very sound reasons why this legislation should not proceed at this time. It's a very strange process as to why this government is determined to proceed with this legislation when all these things had to be done.
The minister did make some comments that he had some discussions with myself and the member from Willowdale during the hearings, and he did. One of the issues he raised was that he had some concerns and some thoughts that perhaps we should return to a verbal threshold test; in other words, the deductible test of $15,000 may not be appropriate. He indicated that this would be a consideration. This was in the middle of the public hearings. I think it's fair for the minister to come and explain himself as to why he said that. If he honestly believes that the $15,000 deductible test isn't appropriate and that we should return to some sort of verbal threshold test, that should be done. We should at least go back and review that in the committee, but he's cutting off debate in the committee. We will not be able to get a chance to do that.
One of the indications I made is that I am convinced that the insurance industry will not be able to financially handle this whole package that's being put forward by this government in the benefit package, which we have yet to see because the regulations have yet to be written. We don't even know what that package is, but we're very suspicious, having looked at the first set of regulations, that the insurance industry simply won't be able to properly finance it, having heard the minister promise that insurance rates will not go up, and yet, of course, if they try to get out of the auto insurance business, they're going to be penalized; they're going to be fined.
Who is going to come and invest in auto insurance in this country with this new law? How are they going to leave? Because if they leave, they're going to be fined; they're going to be penalized. What a strange place this has become, not only in this whole process but in the strange system of law.
I will say I received an interesting letter from a constituent of mine in my riding of Dufferin-Peel. The letter really was addressing issues that were raised in the budget, but I believe that the whole scheme of this government is to make it more and more difficult for the insurance industry to operate auto insurance in this province, and I believe that their plan, that they apparently have broken, of having public auto insurance, is still there on the stove and the element is on. I believe that the insurance industry, because of their strange regulations and their requirements for costs, simply won't be able to produce the plan that is being put forward by this government under Bill 164.
Already, for example, I've received a letter from a general insurance agency that hires 12 employees in the town of Orangeville. I'm not going to read the letter in detail, but I will list off some of the things that they're being put forward to, and this is not counting the minimum 4.5% increase that is going to come out of Bill 164, or the 20% to 30% required by the auto insurance companies. This is just on taxes.
There's an income that the insurance agency has to pay. There's an income tax for employees. There's the health tax. There's the pension plan for the employees and the employers. There's the Unemployment Insurance Commission deduction. There's the property tax. There's the GST, and now we're going to have PST on premiums.
I have now received another letter. This letter was addressed to me at the end of May after the introduction of the Treasurer's budget, and now I've received another letter today which simply says they're going out of business. They're going to sell their business. I don't know what's going to happen to those 12 employees, and I suspect that you're going to hear stories such as that across this province, or the auto insurance industry is going to go down the tubes and the government's going to say, "You people can't operate it; we will," and we're going to have government-run auto insurance -- notwithstanding, of course, the Treasurer and the Premier of this province standing up and saying: "We've got to cut back on bureaucracy in this province. We've got to cut back $2 billion. We can't continue the way we're doing. We're going to have to cut back." Notwithstanding that, that I believe is the plan of this government.
I would like very briefly to talk about some of the things that have yet to be discussed in this committee. The operation of the insurance commission is one. We did not receive any depositions from the Ontario Insurance Commission. Not one came to this committee. We received facts that this government did not consult with the Ontario Insurance Commission as to the operation of the benefits packages that are being suggested by Bill 164.
They didn't even discuss it with them, although the chairman of the Ontario Insurance Commission said that at the very minimum, he is going to require 100 more people to operate with the tremendous influx of claims that are going to go before the Ontario Insurance Commission to determine the rights of the innocent accident victims who will now be unrepresented before the Ontario Insurance Commission.
That whole issue of cost, that's another bureaucracy that I don't believe has ever been discussed or any estimates ever put forward by the government as to what it's going to cost to operate Bill 164 before the Ontario Insurance Commission.
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The insurance companies are going to have a great deal of difficulties. They're going to have to retain a great deal of legal assistance because people are going to come forward asking for certain benefits and the insurance company will say, "No, you're not entitled to that benefit; you're entitled to another benefit."
And what are the innocent accident victims going to do? What are they going to do? There they are, confronted. They're standing before the Ontario Insurance Commission, opposing a lawyer from the insurance companies, and they're unrepresented. What are they going to do? Maybe Professor Arthurs will come up with something, but we have no idea at this particular point in time.
We have no idea of the cost it's going to take to the insurance companies, the innocent accident victims. Who's going to compensate? What if the innocent accident victim is correct and goes to a great deal of expense in retaining legal assistance to argue their case before the Ontario Insurance Commission? Who's going to compensate them? That whole area has yet to be canvassed.
The whole issue of qualifications of those people, as I indicated earlier, the qualifications of the advocates: We don't know anything about that, that's being proposed, because obviously this government has made comments that it doesn't want the lawyers to assist the innocent accident victims. They're going to provide a whole new legal system called the advocacy system.
I asked a question on an order paper question. I referred to some of that at the committee and I'd like to refer to it again here at this particular time, because these questions are unanswered. There's no reason why these committee hearings must stop and there's no reason why we can't have a fuller debate in this House, because there's so much that remains unanswered. Every day in the committee we ask questions and sections are stood down because the staff simply don't have the answers; they need to research it. Or they'll say, "You'll find that answer in the regulations," yet the regulations have yet to be written. We don't even know what those regulations are. That's the answer to our questions: "It'll be in the regulations. Trust us."
My question to the ministry, which was signed by the Treasurer, was, "Would the Chair of the Management Board and minister responsible for auto insurance please indicate who acts as an advocate for innocent accident victims before the Ontario Insurance Commission."
At this particular point in time, the Treasurer said, and I just received this last week, "There is no advocate for the insured at the Ontario Insurance Commission (OIC) similar to the position of the worker adviser at the Workers' Compensation Board."
You know who's going to assist those people now? "Friends, family members, paralegals and lawyers" who will "act as advocates." So there's a whole range of people. But all of these people, with the exception of lawyers, have no training. They are not able to interpret Bill 164. They're not able to interpret the regulations of Bill 164. That, when we're starting to think, what are we trying to do with Bill 164?
One of the things we're trying to do is to keep insurance rates down and the other thing we're trying to do is to improve the plight of the innocent accident victim.
I've spoken at length on the first issue. The fact of the matter is that insurance premiums are guaranteed to go up by the combination of this last budget and by Bill 164, as much as 35%, taking all of the hidden insurance premium of last year, the 5% sales tax on insurance premiums of this year and the estimates that are given by the government and the insurance companies as to the increase of costs as a result of the very expensive packages that are being put forward. So on the very first point, they fail as to why they're doing Bill 164.
The second is that with respect to the innocent accident victims, they're not going to be represented. Who's going to look after them? The lawyers have gone. In fact, an interesting comment was made by the Treasurer in answer to this order paper question. He said: "In 1992, 49% of insureds who used the mediation service were represented by lawyers. Lawyer representation during arbitration and appeals was 71% and 80% respectively."
And this is the next interesting statement: "While representation by lawyers does increase as the negotiation prolongs, it has little bearing on the outcome of the case."
What a sad statement to make as to the plight of the innocent accident victim.
There has been considerable time spent on these topics, the delegations that have come forward to speak. The Progressive Conservative Party has put forward a number of amendments. It doesn't appear that those amendments are going to be dealt with. They're not going to be dealt with; we won't even get a chance to introduce them. We won't even have a chance to make suggestions as to how to improve this bill.
What we're going to do is have a series of amendments that have yet to be debated by the committee rammed through this House without time to debate it. There have been quite a few delegations that have come forward, people asking to speak at the committee from all walks of life, from all different interests and, as I said, not one of them supports Bill 164.
We even had previous members of the New Democratic Party. I'm sorry, I believe he is still a member of the New Democratic Party, but probably very reluctant. A former member of this House, the former member from Welland-Thorold, came to the committee and talked about how his government had broken its promise with respect to public auto insurance. I know, because I hear members of the committee, I hear members of the government side say how they're opposed to Bill 164. They're not even going to be allowed to debate this in the House. They're not even going to be given an opportunity to debate this bill in the House. What a sad state. What a sad state that we, who are elected to come to this place and speak on all kinds of issues, aren't allowed to speak.
I raised a point of privilege the other day with respect to the budget and how I have not been given an opportunity to speak on behalf of my constituents as to the concerns with respect to the budget.
The same applies with respect to Bill 164, that members of this House are not going to be given an opportunity to speak to this bill, particularly after they have heard and read the delegations that have come to the committee and spoken on the many, many aspects and their concerns. These people went to a great deal of time and expense to come to this place. The committee visited a number of places around Ontario and I know what's going through their heads: Why would they bother to come? Why would they bother to come to committees and make presentations? No one listens to them. They make their delegations and then they leave and then this government simply rams through legislation.
It is making the whole system of politics a rather sad state, and I am concerned about the House leader and this government who are giving politicians a very, very bad name. I know you agree with me. I know you agree with me when you sit through the committee process and you hear people make very, very sincere presentations and yet no one listens to them, no one responds to them, people whose lives have been destroyed by automobile accidents. Their lives have been destroyed by Bill 68, the Liberal Bill 68. Both the Progressive Conservative Party and the members of the New Democratic Party spent a great deal of time opposing Bill 68. This government now has the opportunity to do something about it and has in fact made it worse.
I must say, I think we're all going to be very embarrassed going back to our constituents. You're going to be asked questions about auto insurance. You're going to be asked whether you have spoken for or against auto insurance, and the answer is no, you haven't had an opportunity to speak because this government has decided to shut us down.
I would like to spend a little bit more time with respect to the cost of insurance, because that's how it all got going. The fact of the matter is that this government was convinced that by introducing Bill 164, insurance premiums would be reduced. In fact, they said insurance premiums would be reduced. The minister, when he introduced Bill 164, stood in his place and guaranteed that insurance rates would go down. Then as time progressed he said, "No, they'll stay the same."
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Then as time went on, he had a study introduced by some people by the name of Mercer, which is an American firm that came up here and advised the government on how to run Ontario auto insurance. They said that premiums were going to go up by 4.4%, 4.5%, in that range, notwithstanding that the insurance companies that deal with this topic guaranteed that rates would go up as low as 20% and as high as 30%.
Mr Speaker and those of you who are watching, with this piece of legislation, you are absolutely guaranteed that your rates are going to go up, and I, as a representative in this place, am not going to be able to properly debate it and offer suggestions of change as to how Bill 164 can be improved. We won't have any of that. We won't be able to study the regulations.
Another strange thing that occurs with respect to legislation in this province as I find it is that the bill is introduced first and then we come along with the regulations, and this is a prime example of the regulations. The regulations can change literally overnight. We're not able to debate those regulations in this place because they're not part of the act. There's a section in the act that says, "The Lieutenant Governor in Council can pass regulations." In other words, if the government makes the decision to change the regulations, it can.
Many jurisdictions in the United States are saying, "Let's look at the regulations first," particularly in bills such as this where the whole philosophy of the bill is based and found in the regulations. They do that. They make sure that they understand what they're doing. They make sure they understand the cost of what they're doing, the cost to the taxpayer, all of the cost. They make sure that they understand how many bureaucrats are going to be required to implement that law. They make sure that they understand how the people will be affected by that law. They do that in all respects, not only with the bill that's being passed, but with respect to the regulations. That's what's done in many jurisdictions in the United States.
It's been suggested in the committee -- I have suggested it in the committee -- at the very least, let's look at the regulations. Why would we try to ram through a piece of legislation in which almost all of the questions we ask of the particular committee, the answer comes back and says, "Oh well, it'll be in the regulations"? The regulations haven't even been written; they haven't even been printed.
I, for one, want to understand Bill 164. The member from Willowdale wants to understand Bill 164. We have stood in our place in this House, in committee, and asked question after question as to what Bill 164 means. Nobody can understand it. The medical profession has come forward and has indicated to us that they want to be able to be in a position to understand what many of the benefit packages mean. So have the insurance companies. The insurance companies are trying to plan for a way in which they can provide a service to the public, and they don't know, because not only do they not understand the first set of draft regulations; they haven't even seen the next set of regulations.
This whole process is out of order. This whole process as to passing of this law, of ramming this through this place, is completely bewildering to me and, I suspect, if all of you looked at what you're doing over there, to yourselves. You're going to have to go out and explain it to your constituents. You're going to have to go out and explain why you're putting through a bill that you know cannot be properly explained until you've seen all of the bill, and that means the regulations. You cannot explain what this bill means until you have seen the regulations. You cannot, under any circumstances, explain that to your constituents.
You cannot tell your constituents what it's going to cost. The insurance companies, as I say, have given estimates. They said that claims are going to go up by as much as 20% to 30%. Of course, now there'll be another 5% on top of that with respect to the budget.
There is going to be a section, if Bill 164 passes -- and it's going to pass; the minister says it's going to pass, the House leader says it's going to pass; he's guaranteeing it's going to pass, without any debate -- but we know there's going to be a new system to disallow the use of age and sex for the setting of rates, which would force female drivers under the age of 25 and older drivers to subsidize the rates of young males.
Statistics have been given that today's rate -- for example, men under 21: Their rates are $2,060, on the average, for premiums. This new rate, this unisex rate, means that the rates are going to be, for men under 21, $1,709. That's a change downwards for men under 21 of $351. Well, they should be happy. The men under 21 should be happy.
Men 21 to 24: Today's rate, on the average, not including the new taxes that are being put forward, is $1,279. With the new rate, the unisex rate that's going to be established by Bill 164, that will be reduced to $1,114. That's a change of $165, so they should be happy.
Then there are going to be women under 21. The current rate that they're charged is $1,144. The unisex rate under Bill 164 is going to be $1,709. That's an increase to all women under the age of 21 of $565. That's what Bill 164's going to do, and it's a topic which the committee has not had an opportunity to properly debate and on which people, women under the age of 21, have expressed a concern.
Women 21 to 24: Today's rate is $957. The new unisex rate under Bill 164 is $1,144. That's a change upwards of $187. So all women and senior citizens are going to be penalized by this legislation.
We've not had proper time to deal with that issue. This bill is going to subsidize the rates of young males, and it's going to penalize women drivers under the age of 25 and older drivers, all for the purposes of subsidizing rates of young males.
As well, there's going to be the issue of loss of jobs. I believe that the insurance companies, because they have put the government on notice, are not going to be able to provide the service that they provide now. Why? Because the benefit packages are going to be something that they can't operate without rates going up. The very fact that the minister has said rates aren't going up -- although, you know, what's 10%? Because at the very least we know rates are going up by 10%. But that's what the minister says, that rates aren't going up.
How in the world is this benefit package going to be provided by the insurance companies? Where is the money going to come from? Is it going to come from up there, up there, up there? Where's it going to come from? Well, I'll tell you where it's going to come from: The insurance companies are going to have to cut back.
One of the ways they're going to cut back is to cut back in salaries. They're going to have to cut back in jobs. So the insurance industry, as a result of Bill 164, is going to be in deep, deep trouble, and we, as members of the committee and members of this House, have not had and will not have an opportune time to discuss that topic.
The $15,000-deductible rule, which the minister has already wavered on and has suggested, "Well, you know, maybe we should have a verbal threshold test of injuries that are serious or permanent": Bill 68 of course says that you can only sue for injuries that are serious and permanent and unless you qualify for that, unless you satisfy that rule, you cannot sue in the courts.
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There are now three cases, as I've indicated, before the Ontario Court of Appeal that are going to redefine what this rule means; in other words, what does "serious" mean, what does "and" mean and what does "permanent" mean, all of these words which sound very simple. But they are not simple. It may well be that the courts will produce a test that will be acceptable to all of us. At the very least, why can't we wait until August or September or whenever the courts are going to come down with their decision? Why have you put people through this whole process and are only going to change it by ramming this legislation through?
Coopers and Lybrand said -- this was one of the studies that was done by one of the insurance companies -- that Ontario's rich accident benefits may cause small United States insurers to cut off coverage of clients travelling here and that this could be a potential blow to tourism. We start going on and on. We talk about tourism. We talk about jobs. Bill 164 is a very damaging bill. Why can't we spend more time? The minister says we're filibustering over here. If they were able to answer our questions, if they were able to simply say, "It's in the regulations," if it was in the regulations, then we would be able to answer those questions. We haven't seen the regulations.
I'm going to close by simply saying that our party is strongly opposed to this motion, this closure motion, this time allocation motion. There is much work to be done with respect to improving and perhaps withdrawing Bill 164. I would ask all members of this House to vote against this motion.
The Deputy Speaker: Any further debate?
Mr Stephen Owens (Scarborough Centre): As the parliamentary assistant to the minister responsible for auto insurance, I can assure this House that I have been involved with this process from the long and bitter beginning of this legislation and now down to this motion with respect to time allocation today.
I want to correct some misapprehensions that this House, and ultimately the viewing public out there, may have. They talk about legislation being rammed down the throats of the Legislature. They talk about the legislation being rammed down the throats of the driving public. What I'd like to point out is that the members for the opposition either don't do the mathematics or very cheerfully and carefully forget the mathematics and just how much time we actually spent on the legislation.
We spent six hours and 46 minutes on second reading debate. Most of that time was spent by members of the opposition voicing their concerns -- six hours and 46 minutes. If we asked anybody or if we took a poll out on the street, I think people would concur that six hours and 46 minutes on second reading debate is a reasonable amount of time to discuss one item of business.
We then, because this is a democratic process and it was our view that we wanted to take this legislation out to the public through the standing committee on finance and economic affairs, spent 44 hours and 46 minutes in public hearings. That included a week of travel and a week here in the city. We went to places like Ottawa. We went to Windsor.
Interjection.
Mr Owens: There was Thunder Bay. Thank you. The member for London South, an able counsel who has represented many accident insurance victims, has indicated that we were also in Thunder Bay.
So again, 44 hours and 46 minutes in public hearings, and then we move to clause-by-clause. Thirty hours of clause-by-clause: 30 hours.
Mr Kimble Sutherland (Oxford): How much is that altogether?
Mr Owens: The member for Oxford is astonished: 30 hours we have spent on clause-by-clause.
Mr Sutherland: How many hours altogether, Steve?
Mr Owens: The member for Oxford, a graduate or soon-to-be graduate of the University of Western Ontario, presumably in mathematics, can add this up and perhaps could tell me.
Mr Sutherland: Eighty hours.
Mr Owens: That's 80 hours, the member tells me. I've no reason to disbelieve the member for Oxford, who, by the way, on June 19 will be married to a wonderful person and unfortunately will not be able to participate for the next couple of weeks. June 19 wedding in London: Kimble Sutherland, member for Oxford.
I sat, with some level of astonishment -- I see the member for Bruce has returned to this House. We had a discussion. The member for Bruce, as he indicated, was not there all the time. We had a discussion --
Mr Elston: On a point of order, Mr Speaker: I have never been out of this House all afternoon. I've listened to the entire debate. So unless that gentleman would like to reconsider what he is alleging, I would like to take issue with his --
The Deputy Speaker: It's not a point of order.
Interjections.
The Deputy Speaker: Order. Please go ahead.
Mr Owens: We had a discussion on committee where we had an agreement that we wouldn't notice members' absences. However, the member for Bruce took it upon himself to note that the member from Hamilton Mountain was not in the House, and not only did that one time, but reiterated his point. So much for agreements that were made on this committee or anywhere else in this House.
The member for Bruce has the nerve, the absolute nerve -- I want to say to the member for Bruce that I have the highest regard for him as a member and quite possibly as a human being, depending on which day you happen to ask me this question. But I want to tell you, Mr Speaker, that the member for Bruce raises the issue of caucus solidarity.
I can't believe that this member would actually have the nerve to do this, raise the issue with respect to a time allocation motion, of course -- just to make sure that I'm not going to be ruled out of order -- that he would talk about this caucus as being a group of designated dissidents. I was absolutely amazed.
The number of times that we have had discussions with respect to who in the Liberal Party is actually the House leader and who is it that we're negotiating with at the House leaders' meetings versus what actually happens when this member goes back to his caucus, and can he deliver on deals or can he not deliver on deals -- but I don't hold the member from Bruce at fault on this. But I think that in terms of sweeping one's doorstep before one makes one's comments, one should do that. I think that it's the ultimate in high-handedness and egocentricity that one would do that.
He talks about past members. The member for Windsor-Essex, who has left this House on May 31 -- his resignation took place, and he was there. He was there from the beginning and he knows what kind of subcommittee agreements were broken. There was absolutely no trust from the start to the finish. We would make agreements and then come back to the committee only to find that there was a totally different interpretation, some facts that one could clearly take exception to in terms of their presentation.
Just in closing, I clearly want to remind this House: six hours and 46 minutes of second-reading debate, 44 hours and 46 minutes of public hearings and 30 hours of clause-by-clause hearings.
The Deputy Speaker: Mr Charlton has moved government notice of motion number 3. Shall the motion carry?
All those in favour of the motion will please say "aye."
All those opposed will please say "nay."
In my opinion, the ayes have it.
Call in the members. This will be a 15-minute bell.
The division bells rang from 1800 to 1815.
The Deputy Speaker: Order. Mr Charlton moves government notice of motion number 3. All those in favour of the motion will please rise, one at a time.
Ayes
Abel, Akande, Allen, Bisson, Boyd, Buchanan, Carter, Charlton, Christopherson, Churley, Cooke, Cooper, Dadamo, Duignan, Farnan, Fletcher, Frankford, Gigantes, Grier, Haeck, Hampton, Hansen, Harrington, Haslam, Hayes, Hope, Huget, Johnson (Prince Edward-Lennox-South Hastings), Klopp, Lessard;
Mackenzie, MacKinnon, Mammoliti, Marchese, Martel, Martin, Mathyssen, Mills, Murdock (Sudbury), North, O'Connor, Owens, Perruzza, Philip (Etobicoke-Rexdale), Pilkey, Pouliot, Rizzo, Silipo, Sutherland, Ward, Wark-Martyn, Waters, Wessenger, White, Wildman, Wilson (Frontenac-Addington), Wilson (Kingston and The Islands), Winninger, Wiseman, Wood, Ziemba.
The Deputy Speaker: All those opposed to the motion will please rise, one at a time.
Nays
Arnott, Beer, Bradley, Brown, Cleary, Conway, Cousens, Cunningham, Curling, Eddy, Elston, Eves, Harnick, Harris, Johnson (Don Mills), Jordan, Mahoney, Marland, McGuinty, McLean, Miclash, Murdoch (Grey), Murphy, O'Neil (Quinte), O'Neill (Ottawa-Rideau), Offer, Poirier, Poole, Ramsay, Runciman, Ruprecht, Sterling, Stockwell, Tilson, Turnbull, Villeneuve.
The Deputy Speaker: The ayes are 61; the nays are 36. I declare the motion carried.
We will now have the late show, so we'll give a chance to people to leave.
Pursuant to standing order 34(b), the question that this House do now adjourn is deemed to have been made.
ONTARIO HYDRO
The Deputy Speaker (Mr Gilles E. Morin): Pursuant to standing order 34(a), the member for Renfrew North has given notice of his dissatisfaction with the answer to his question given by the Minister of Environment and Energy concerning Ontario Hydro's decision, supported by the Ontario government, to offer deep discount rates to certain major industrial power users in Ontario.
The member has up to five minutes to debate the matter, and the minister may reply for up to five minutes.
Mr Sean G. Conway (Renfrew North): Thank you very much, Mr Speaker. As indicated yesterday, there have been a number of very significant developments at Ontario Hydro over the last number of months and I have been struck by the extent of those changes. I think the changes are in many ways positive, but I think it is important for any self-respecting Legislative Assembly that purports to exact some responsibility for the accountability of the largest corporation in the country to take a look at the oversight of these changes.
I don't want to embarrass my friends in the New Democratic Party, but I'll tell you, for many years I have listened to good friends in that party say that what we needed was a more rigorous oversight of the activities of Hydro. I suspect we have a number of Carlylians in the NDP today who think that just because we've appointed a great person to superintend the works of that great corporation, that's really the only oversight we need.
Hon Bud Wildman (Minister of Environment and Energy): I meet with him every week.
Mr Conway: I don't really care that the minister meets with him every week. I fully expect that he would meet every week. I've a great regard for the member from Algoma.
I want to say this, that there have been developments in the following categories: The corporation has announced that this year it expects to report at least a $1-billion loss, for reasons that are well understood. The corporation has indicated that for next year, calendar year 1994, the rate increase will be zero, and it has further indicated that effective May 1 this year, it is going to engage in some significant discounts for selected major industrial users.
I have said before, it may be that these are extremely positive developments. I can't quarrel with some of these activities. I'm pleased about a 0% rate increase for next year, obviously. I'm not happy about the $1-billion write-down this year, but I think I understand some of that. But I ask the question, who is, in the public interest, looking at these particular proposals? It's not good enough to know that the minister meets once a week. It's not good enough to think even that Leo Jordan or Sean Conway think that these are particularly good things.
The rate increase, for example, is normally assessed and scrutinized by the Ontario Energy Board, but under our rules, because it is a 0% increase for next year, that rules out any OEB oversight of that decision, a decision that's going to have an impact on the finances of the corporation, I hope an impact that's going to be positive for many of the industrial and residential consumers as well.
On the question of the deep discounts, let me say again that the Ontario Energy Board Act in section 37 states, and I read directly from the act: "Where Ontario Hydro proposes to change any of its rates or charges for any customer, it shall submit the proposal to the minister not less than eight months before the date that the change is proposed to come into effect and the minister shall refer that proposal to the Ontario Energy Board." It says nothing in that section about experimental rates.
I have serious questions as to whether or not the regulation that was executed by the cabinet in April of this year is even legal. I presume the minister took that into account, but there is no mention in section 37 of the Energy Board Act making provision for experimental rates.
As I said yesterday, and as I indicated to the Municipal Electric Association today in Hamilton at its annual conference, I understand, I think, some of the arguments for an experimental project in deep discounting to major industrial users. That's not the point. What kind of a mechanism does the public have for a good, reasonable oversight of major changes at Ontario Hydro?
Let me say this: We are seeing a fundamental restructuring of the giant utility that is Ontario Hydro, and I expect that within the next five years we are going to see a dramatically altered Ontario Hydro.
Mr Leo Jordan (Lanark-Renfrew): We see it now.
Mr Conway: My friend the pensioner from Ontario Hydro, my neighbour the member for Lanark-Renfrew, says we should have seen it now, and in some respects he's right.
But let me say in conclusion that as we see a major restructuring of Hydro, we have got to see a fundamental change in the regulatory environment for that new corporation. The status quo is not acceptable and I am concerned that the government is proceeding with these major changes and no provision is being made for a more rigorous, more thoroughgoing regulatory oversight, and I would expect the minister to have something in this connection.
Hon Mr Wildman: I listened very carefully to the comments of my friend from Renfrew North, and I know of his interest in this matter. He's made a number of comments with which I agree, first, that there will be no rate increase in the rates for 1994 and, as a result, there is no requirement and no provision for a review by the Ontario Energy Board in 1993 because of the fact that there aren't any rate increases.
We all know that the current level of increase is unacceptable. A 31% increase, cumulative over three years, is just not acceptable to continue. We had to do something; Ontario Hydro had to take action. The recent rate increases that we've seen, 60% of which in 1992 and 1993 are related to bringing Darlington into service and dealing with other questions related to other nuclear facilities, would perhaps lead to a situation where industries in Ontario might claim that they are no longer competitive in relation to their electricity costs as compared to other utilities in New York state, Michigan or other competing jurisdictions.
As a result of that, I commend Ontario Hydro for the fact that it is proceeding not only with no rate increase in 1994, but with a commitment to maintain rate increases at or below inflation for the next decade.
With regard to the restructuring that is going on at Ontario Hydro, there is no question it is long overdue. There is no question for the need for a strong and vigorous oversight of the dealings and the changes at Ontario Hydro by the public.
Having said that, it is important for us to recognize that we have to deal with some immediate problems. In that restructuring, we also have to deal with the fact that Ontario Hydro has an unprecedented surplus of power, related largely to the recession and to the decrease in the demand. As a result of that, Ontario Hydro looked for some opportunities for dealing with proposals that had been made to it by some of the major industrial customers. They asked for proposals and eight of those 40 major customers indicated that they were interested in looking at rate differentials.
There's no question that if Ontario Hydro were looking at rate differentials on a ongoing basis -- a situation, I should remind the member, that does not involve a subsidy, because it is covering the cost of the provision of that power to those companies. So it does not involve a subsidy. But the point is, if we were to do that on a ongoing basis, there is no question there would have to be and would be, if there is at any time a proposal to provide those on anything more than an experimental basis, to comply with section 37, an Ontario Energy Board hearing so that all of the interested parties, the industrial consumers, the residential consumers, the Municipal Electric Association and environmental groups, energy groups, all interested groups would be able to have a say.
But that is not what is proposed. What is proposed is an experimental rate which is cost-based, which has an incremental generation cost plus the 0.5 cents per kilowatt-hour contribution to net income. So there is nothing in this that would require, in our view, on an experimental basis alone, a specific hearing.
In fact, if there is a proposal to do this on an ongoing basis, the information that is accrued to the corporation and to its customers through the experimental use of these approaches will be useful to the OAB and to all of the intervenors that might be involved in that kind of process at that point. There is no purpose now to order a hearing that would in fact perhaps make it less likely that the consumers would be prepared to actually be involved in such an experiment on a short-term basis. But I accept the position that has been put forward by the member and I acknowledge his interest.
There is no question that there is a need for the restructuring in Ontario Hydro to be completed in the interests of the employees of Ontario Hydro, the communities dependent on the corporation, the customers of Ontario Hydro, both residential, commercial and industrial, and in the interests of the economy of this province as a whole, and there is certainly no question that we must have strong and stringent oversight. In this particular issue, though, it does not apply.
The Deputy Speaker: There being no further matters to debate, I deem the motion to adjourn to be carried and this House will stand adjourned until 10 o'clock tomorrow morning.
The House adjourned at 1831.