The Assembly met at 1:30 p.m.
Prayers
Mr. Osika: Thank you,
Mr. Speaker. I rise on behalf of citizens of Balcarres, Lipton,
and Ituna, to present a petition. The prayer reads:
Wherefore your petitioners humbly pray that your
Hon. Assembly may be pleased to cause the government to establish
a special task force to aid the government in its fight against
the escalating problem of youth crime in Saskatchewan, in light
of the most recent wave of property crime charges, including car
thefts, as well as crimes of violence, including the charge of
attempted murder of a police officer; such task force to be comprised
of representatives of the RCMP, municipal police forces, community
leaders, representatives of the Justice department, youth outreach
organizations, and other organizations committed to the fight
against youth crime.
And as in duty bound, your petitioners will ever
pray.
I so present.
Mr. Hillson: - Thank you,
Mr. Speaker. I rise to present a petition signed by citizens of
the city of Regina:
Wherefore your petitioners humbly pray that your
Hon. Assembly may be pleased to cause the government to establish
a special task force to aid the government in its fight against
the escalating problem of youth crime in Saskatchewan, in light
of the most recent wave of property crime charges, including car
thefts, crimes of violence, the charge of attempted murder of
a police officer; such task force to be comprised of representatives
of the RCMP, municipal police forces, community leaders, representatives
of the Justice department, youth outreach organizations, and other
organizations committed to the fight against youth crime.
Mr. Speaker, I so present.
Ms. Draude: Thank you,
Mr. Speaker. Today I rise to present a petition signed by individuals
from Lac Vert, Naicam, and Watson:
Wherefore your petitioners humbly pray that your
Hon. Assembly may be pleased to cause the government to establish
a special task force to aid the government in its fight against
the escalating problem of youth crime in Saskatchewan, in light
of the most recent wave of property crime charges, including car
thefts, as well crimes of violence, including the charge of attempted
murders of a police officer; such a task force to be comprised
of representatives of the RCMP, municipal police forces, community
leaders, representatives of the Justice department, youth outreach
programs, and other organizations committed to the fight against
youth crime.
I so present.
Clerk: According to order
the following petitions have been reviewed, and pursuant to rule
12(7) they are hereby read and received.
Of citizens petitioning the Assembly to reverse the
municipal revenuesharing reduction;
Of citizens petitioning the Assembly to establish
a task force to aid the fight against youth crime; and
Of citizens petitioning the Assembly to change the
big game damage compensation program.
Hon. Ms. Atkinson: Thank
you very much, Mr. Speaker. Mr. Speaker, I'd like to introduce
to you and to all members of the Assembly, a group of visitors
in your gallery, from my constituency. This is a group of young
people from the Junior Adventist Academy in Saskatoon.
I'd like to welcome the students, Jonathon Wood,
Brennan Marcoux, Adrian Wood, Trevor Parmelle, Jason Lisk, Michael
Raney, Matthew Cascagnnete, Christa Dobroskay, David Kartik, and
Jonathon Sparks. These students, Mr. Speaker, are accompanied
by their teacher, Mr. Wood, and by parents, Karen Dobroskay, Melodie
Wood, and Phillip Raney.
I would ask all members to join me in welcoming these
young people to question period.
Hon. Members: Hear, hear!
Hon. Mr. Wiens: Mr. Speaker,
it gives me a great deal of pleasure to introduce to you and through
you to colleagues in the legislature, a valued family friend and
adviser, my uncle, Ward Dixon, who's sitting in the gallery opposite.
Hon. Members: Hear, hear!
Mr. Van Mulligen: Mr.
Speaker, with apologies to Ogden Nash:
Saskatchewan has many fine curlers.
The greatest, of course, Sandra Schmirler.
She went off to Bern, a medal to earn
And did so, did Schmirler the curler.
I burst into rhyme, Mr. Speaker, because as the world
knows by now, the rink of Sandra Schmirler won the ladies gold
medal of curling Saturday in Bern, Switzerland. The curling displayed
by the Schmirler rink was, frankly, remarkable. It went through
the week with only one loss, and neither the semifinal nor
final match could be termed nailbiters. They were that superior
to the field.
So the first thing to say is simply congratulations
to Sandra; Jan Betker; Joan McCusker; Marcia Gudereit; fifth,
Atina Ford; and coach Anita Ford. Congratulations for curling
as we knew they would.
I think however, that the chief point to emphasize,
Mr. Speaker, is not their exceptional curling, but their laudable
poise and dignity with which they represented their city, their
province, and their country. The diplomacy they displayed is rare,
even among diplomats.
I congratulate them, and I know we all wish Sandra
Schmirler well as she now turns her attention to another upcoming
event.
Thank you, Mr. Speaker.
Some Hon. Members: Hear,
hear!
Ms. Lorje: Sunset tonight
is the beginning of Passover Week during which Jewish people the
world over observe and remember the preparation for and the flight
from oppression in the land of Egypt. This is the basis of the
"Book of Exodus" in the Bible.
As Jews prepare for this most solemn ritual, it is
instructive for the secular world to remember with them, the historical
and moral significance of this event.
The migration which began thousands of years ago
still shapes, to a great extent, our religious and civil institutions
as well as our attitudes. The escape from slavery by the children
of Israel led to the creation of laws which are the basis for
our codes.
The Ten Commandments, which were delivered to Moses
during the flight, are, one can argue, all the law we need. Once
we learn to follow these, we don't really need much more.
This story of a people who refused to be enslaved
still uplifts us. It reminds us that the human spirit is indomitable.
What unites us is stronger than that which divides us.
Passover reminds us that today, wherever slavery
remains, we all taste its bitterness. In every generation each
of us should feel as though we ourselves had gone forth from Egypt
if we are ever to rid the world of the scourge of slavery and
oppression.
During this week, Mr. Speaker, I join all members
in saying: peace for us; peace for everyone. For all people this
is our hope. Next year in Jerusalem; next year may we all be free.
Some Hon. Members: Hear,
hear!
Ms. Stanger: Thank you,
Mr. Speaker. I've had many occasions to stand before members of
this Assembly and point out the increased activity in our oil
and gas industry, and the unquestionable economic benefits that
have been . . . are being produced throughout Saskatchewan.
I was in Lloydminster on the weekend and the optimism
is overwhelming. I'll have something to say about that later this
week. But our communities are benefiting from this renewed enthusiasm.
I see it firsthand throughout my constituency, and I'm sure other
members do as well, but some will not admit it.
Mr. Speaker, an important part of our oil and gas
industry are the two provincial upgraders: the BiProvincial
in Lloydminster, and the NewGrade Energy in Regina. Together the
upgraders employ approximately 500 people directly, and hundreds
more indirectly. The BiProvincial upgrader plays a significant
economic role for the people and businesses in my constituency,
Mr. Speaker.
That is why I am happy to congratulate the BiProvincial
and the NewGrade Energy for their 1996 recorded profits. This
is good news for our oil and gas sector as well as our provincial
economy, Mr. Speaker.
I would like to congratulate BiProvincial and
NewGrade Energy for their successful year and wish them all the
best in the future. And I want to commend our government for having
the business sense not to follow the Liberals in Ottawa and the
Tories from Alberta in bailing out . . .
The Speaker: Order. The
member's time has expired. Next statements by members.
Mr. Gantefoer: Thank
you, Mr. Speaker. Mr. Speaker, I wish to take this opportunity
to have the members recognize a very special business in the town
of Tisdale. Groat's Supply is celebrating 75 years of service
to the Tisdale district.
As an automotive and parts store beginning in 1922,
Groat's has become a thriving business. Ed Groat's legacy has
left a lasting impression on the business community as well as
the town itself.
The late Mr. Ed Groat spent two terms as mayor and
six years as councillor. Congratulations on three generations
with 75 years of community service, Mr. Speaker.
Some Hon. Members: Hear,
hear!
Mr. Trew: More good new from the Z, Mr. Speaker. C.C. and Lori Lindsay completed their most successful radiothon at 5 p.m. on Friday raising $35,479 for the Regina General Hospital neonatal unit. Donors, Z99, and C.C. and Lori Lindsay deserve nothing but praise.
The $35,479 will be used in the neonatal unit to
purchase two Isolette units. These infant incubators cost $15,000
each. The radiothon goal was to raise $30,000. I am told the additional
$5,479 will all be spent in the neonatal unit buying extras that
that unit would need.
Other people I spoke to reacted with things like:
"It's just great." Well what a way of understating the
fabulous dedication to Regina people that Z99, C.C., and Lori
Lindsay have demonstrated again. Whatever the Z is paying C.C.
and Lori Lindsay, it should be more.
Congratulations to everyone involved, especially
C.C. and Lori Lindsay and the donors for a job very well done.
There are 35,479 ways of saying thank you.
Some Hon. Members: Hear,
hear!
Hon. Mr. Wiens: Mr. Speaker,
my colleagues have many times stood here and acknowledged the
important role small business has in their constituencies, and
I've had my share of chances.
Mr. Speaker, I would like to rise today to take this
opportunity to point out the success and longevity of a particular
business from my constituency that is celebrating its 50th anniversary
later this week.
Western Sales Ltd. of Rosetown has been a successful
and competitive farm implement business since 1947 when Glen Thrasher
built a small shop and was awarded a John Deere farm machinery
contract. In the early years of that business, one of the Herschel
dealers joined in in a partnership to strengthen it in Rosetown.
Mr. Speaker, 50 years ago Glen Thrasher committed
his business to serving the needs of the community and providing
quality service to area farmers. Today Western Sales Ltd. is continuing
the tradition established by Mr. Thrasher. They remain community
focused and they are committed to their customers.
Their dedication to their customers has not gone
unnoticed, Mr. Speaker. They are ranked fifth in sales for John
Deere equipment in Canada, and for the past three years have placed
in the top 100 businesses in Saskatchewan. Employing 47 people
in four locations that include Rosetown, Elrose, Biggar, and Outlook,
this energetic, forwardlooking company believes in giving
back to the community.
As an example, Mr. Speaker, Western Sales purchased
a 47passenger bus for the Rosetown community that serves
a multitude of community events and organizations.
I would like to congratulate current owners Grant
Henderson, Grant McGrath, Doug Slimmon, and Tim Drake for continuing
the tradition of excellence that was begun by Glen Thrasher . . .
The Speaker: Order, order.
The hon. member's time is expired. Statements by members continue.
Mr. Wall: Thank you,
Mr. Speaker. Mr. Speaker, the generosity of Saskatchewan people
is legendary. Against all odds we have forged a society here in
this province based on sharing and cooperation. This week is Organ
Donor Week. This week attempts to build on that tradition by asking
Saskatchewan people to give a very precious gift of themselves
- the gift of life.
The Saskatchewan Coalition for Organ Donor Awareness
launched a campaign this morning to draw the attention of the
public to this very important issue. Unfortunately, Canada has
one of the lowest rates of organ donation in the world. One of
the main reasons for this is that families deny consent when asked
about organ donation.
Clearly, action needs to be taken before a tragedy
occurs within a family. Families need to have that discussion
when the atmosphere is less emotionally charged. The key is for
people to make their wishes regarding organ donation known beforehand.
Everybody in Saskatchewan who carries a health care
card will have received an organ or tissue donor consent card.
I urge all Saskatchewan people to take a moment to fill out this
important piece of information and to make sure that it is displayed
prominently in your wallets. The gift of life is a precious one
- please give the gift of life.
Mr. Speaker, I ask all members of this Assembly to
join me in applauding the work of the Saskatchewan Coalition for
Organ Donor Awareness in drawing the attention of the public to
this very important issue. Thank you.
Some Hon. Members: Hear,
hear!
Mr. Krawetz: Thank you,
Mr. Speaker. Last week, the Premier used one of his minor ministers
to launch a vicious attack on the Provincial Auditor for daring
to question the government's accounting practices. This attack
illustrates just how far the Premier and his ministers have sunk,
Mr. Speaker. They have become nothing more than bullies - smug,
arrogant, and manipulative.
Now the Premier has said this is just a dispute over
accounting practices. And on Friday the Premier stood in this
House and said, I quote:
. . . nobody is attacking the Provincial
Auditor and nobody is undermining the Provincial Auditor.
Yet in the Crown Corporations Committee, the minister
responsible for SaskPower said, and I quote,
. . . you might support the Provincial
Auditor; I don't.
If the government doesn't see this as an attack,
Mr. Speaker, will the Premier please explain to the people of
this province exactly what his minister was saying.
Hon. Mr. Romanow: Mr.
Speaker, I was not in the Public Accounts or Crown Corporations
Committee where the statements that the member refers to were
made, and so therefore I don't have that advantage in being able
to answer. But I can repeat again on behalf of the government,
our position.
Our position is that the Provincial Auditor, as an
officer of this Legislative Assembly, is a very important officer.
The office is very important and integral to the democratic process.
That does not mean that on some occasions the government of the
day may take a position in disagreement with the position taken
by the Provincial Auditor. If it does so, it must have a valid
reason for doing so.
In this case, there is a valid reason as articulated
by Ernst & Young and the other auditors used by SaskEnergy
and employed by the minister in charge of SaskEnergy. In all regards
where there are differences, they should be handled with civility
and respect. And the Provincial Auditor, I conclude, himself notes
that this is an area that is not free from some doubt since he
has asked that it be referred to the CICA (Canadian Institute
of Chartered Accountants) for further consideration.
Some Hon. Members: Hear,
hear!
Mr. Krawetz: Mr. Speaker,
we and the people of Saskatchewan know that this is an attack
on an individual. What is behind this assault on the Provincial
Auditor, Mr. Speaker?
When it was in opposition, the NDP (New Democratic
Party) was quite vocal in defending the Provincial Auditor, calling
the then Tories, and I quote, "a downright attack on the
individual and the institution of the Provincial Auditor."
Yet now the NDP is attacking the auditor simply because he had
the audacity, Mr. Speaker, to raise questions.
This is what is truly scandalous, Mr. Speaker. This
NDP government should be ashamed - ashamed of the hypocritical
stance of supporting and then not supporting the Provincial Auditor
whenever it feels like doing it.
Will the Premier do the honourable thing, Mr. Speaker,
and apologize to the auditor for this uncalledfor and unprovoked
attack?
Some Hon. Members: Hear,
hear!
Hon. Mr. Romanow: Mr.
Speaker, I'm sure that the present incumbent in the Provincial
Auditor's office is mature enough to understand the nature of
a dispute respecting the accounting procedures of SaskPower because
he has himself acknowledged in paragraph .32, quote: I have asked
the CICA to examine the practices respecting this very particular
matter.
There is an honest difference of opinion. We have
accounting firms who have advised SaskEnergy that the charge should
be recorded in the way that it was. The Provincial Auditor takes
another point of view. There's a legitimate difference. Even the
Provincial Auditor says, I'm asking this standard to go toward
the CICA.
There's nothing wrong with that. We will have those
differences. We've had those kinds of differences. What I disputed
at the time in opposition and always will, even under our administration,
is any kind of a baseless attack on any officer of this Legislative
Assembly without valid reasons and grounds, or any baseless attack
at all.
This is a defence of an accounting procedure which
was set forward by chartered accountants, reasonable people.
Some Hon. Members: Hear,
hear!
Mr. Krawetz: Mr. Speaker,
I'd hoped that the Premier would stand up and do the right thing
and that is to apologize. Obviously I was wrong. What is so sad,
Mr. Speaker, is that the Provincial Auditor was hired by this
government to do a job and because of this, he has been discredited
for voicing his concerns which obviously fly in the face of what
the government wants the public to know.
I'm again asking this government to issue a muchneeded
apology to the Provincial Auditor, who in questioning SaskPower's
bottom line was looking out for the best interests of this province
and the people who live here.
Hon. Mr. Romanow: Mr.
Speaker, I can only again repeat the answer I have given the member
for the last two previous questions. There is obviously an argument
amongst the accountants as to how this reconstruction charge should
be recorded. We have professional firms in this business of advising
companies like SaskPower to do it in a certain fashion. It was
done in that fashion.
The Provincial Auditor has another view, which I
would argue he is not absolutely certain about because he himself
says he's going to refer it to the governing body of chartered
accountants to see which of these two approaches should be adopted.
What is wrong with that? That happens; it has happened from time
to time; it'll happen again.
The Provincial Auditor is very, very much capable
of handling these kinds of differences and we will not in all
circumstances - I don't mean this government - no government in
all circumstances will always accept the Provincial Auditor's
statement. It's not possible, and where it does not accept the
Provincial Auditor's statement, it should have good and valid
grounds for not doing so.
The minister has advanced good and valid grounds.
The Auditor himself is uncertain about it . . . (inaudible
interjection) . . . Well he did. The Auditor himself
says, the Provincial Auditor himself says that he's referring
it to the chartered accountants' board.
Some Hon. Members: Hear,
hear!
Mr. McPherson: Thank
you, Mr. Speaker. Mr. Speaker, my question today is also to the
Premier. Mr. Speaker, this government has added fuel to the cynicism
fire by attacking the credibility of a neutral officer of the
legislature, one of the few people residents of this province
felt they could turn to for government accountability.
But how accountable can the Provincial Auditor be,
Mr. Speaker, or the Ombudsman, or the child's advocate if this
government undermines their efforts and discredits this information?
The people of Saskatchewan look to the government for guidance
to represent their best interests, but with this attack on the
Provincial Auditor, the government has just created more public
distrust.
And a recent government poll reflects this, showing
69 per cent of respondents said they didn't have enough information
about how the Crowns operate. Yet when the Provincial Auditor
raises concerns about the operation and accountability of SaskPower,
he gets a verbal slap in the face.
Will this government explain to the people of this
province why it has taken such great steps to discredit the auditor
just because his professional opinion's different from the government's.
Some Hon. Members: Hear,
hear!
Hon. Mr. Romanow: Well,
Mr. Speaker, this line of questioning, in my judgement, is patently
false if not childish. I have said for three answers in a row,
and I repeat again - in a row.
We have a dispute amongst auditors. Ernst & Young
- using that firm as an example - is no slouch when it comes to
auditing. I think they know something about auditing. They have
professional standards. SaskPower relied on Ernst & Young's
advice. The member from Melfort is in business. He hires chartered
accountants, no doubt, to do his auditing and he relies on their
advice.
And there will be disputes, and there is a dispute
in this area, and there's a dispute that the Provincial Auditor
himself recognizes is not free from doubt. That's all the minister
was doing, was explaining . . . he was explaining the
questions that were put to him by the opposition and by the Provincial
Auditor on this issue. I think it's a legitimate matter for contention.
We'll see what the CICA board says in due course and take the
appropriate action at that time.
Some Hon. Members: Hear,
hear!
Mr. Gantefoer: Mr. Speaker,
if it was such a trivial issue that the auditor was totally unprepared
for, then I simply have to ask: is why did he issue a special
report about this very issue? He knew what he was talking about;
he knew what his position was, and he was raising a very legitimate
concern.
And, Mr. Premier, by you allowing the minister of
SaskPower to politicize this issue and to allow the minister to
take this as a personal attack on the Provincial Auditor, you
have discredited the whole Crown Corporations Committee and the
process that that committee should be following.
Will the Premier explain why his ministers are being
allowed to use the Crown Corporations Committee to attack legislative
officials rather than using it to ask legitimate questions?
Some Hon. Members: Hear,
hear!
Hon. Mr. Romanow: Mr.
Speaker, our ministers do not use legislative committees or this
legislature to attack officers of this Assembly. It has not happened;
it's not going to happen under my administration.
Some Hon. Members: Hear,
hear!
Mr. Gantefoer: Mr. Speaker,
I suspect that the Premier should attend some of these meetings
then because obviously anyone that was attended at that meeting
knew what this was last Thursday - it was an attack on the credibility
of the Provincial Auditor.
Mr. Premier, if that's the way you're going to operate
it, will you at least commit that this auditor's report should
go to the Public Accounts Committee for review? Because that is
a financial review committee, and because your ministers aren't
at those committee meetings, at least we can have this done in
a nonpartisan, serious way.
Some Hon. Members: Hear,
hear!
Hon. Mr. Romanow: Mr.
Speaker, again I stand to be corrected by the procedures of the
House, but I think the Public Accounts Committee gets all Provincial
Auditor's reports. So I don't know what the big applause and the
big purpose of the question is. The report is out and it's obvious
what the words of the report say. And it's obvious that the Provincial
Auditor says that there is a dispute amongst accountants as to
how you list this matter. And it's going to be resolved by the
CICA. And when the CICA resolves it we'll know what the CICA says,
and we'll take the appropriate action thereafter.
So if the member said should it go to Public Accounts,
I think I'm correct in saying it does go to Public Accounts in
any event. So no problem there.
Some Hon. Members: Hear,
hear!
Mr. D'Autremont: Thank
you, Mr. Speaker. My question is to the minister of SaskPower.
Mr. Minister, exactly how much did you spend on getting a bunch
of accounting firms to secondguess the Provincial Auditor?
If it's bad enough that consumers are paying a record high power
rates and $14 million in reconstruction fees, now they have to
pay extra for your political reconstruction fee. So you can reconstruct
history and say that this $14 million isn't really revenue.
In fact I heard you and your accountants refer to
the reconstruction fee as a loan. Mr. Minister, if I'm loaning
Jack Messer money, I'd like to call that loan today. And I'm sure
that everyone else in the province would also.
Mr. Minister, how much did your little failed public
relations exercise cost SaskPower and Saskatchewan taxpayers?
How much did you pay a bunch of accountants to come to the legislature
and join your attack on the Provincial Auditor?
Some Hon. Members: Hear,
hear!
Hon. Mr. Lautermilch:
Thank you, Mr. Speaker. Mr. Speaker, I want to point out to the
member opposite that Ernst & Young was representing the corporation
as their external auditor. I would also want to remind that member
that Ernst & Young has acted on behalf of SaskPower for many
years. As a matter of fact I can take you back to 198990
when Ernst & Young was the accountant on behalf of your party
under a tender process, the same as it happened under this one.
Ernst & Young has consulted with a couple of
major accounting firms in Canada, and has received the same opinion
to concur with what their recommendation was to SaskPower. I want
to remind the member that this is a dispute between two auditors.
We pay and do pay through our Crowns, through a tendering process,
professional, widely renowned across this country firms. And for
this member to indicate that they are other than professional,
I would only say to him, he might want to go out and repeat those
comments outside.
Some Hon. Members: Hear,
hear!
Mr. D'Autremont: Thank
you, Mr. Speaker. We're not questioning the credibility. We're
asking you: how much did you, SaskPower and Jack Messer, spend
to get a gang of accountants to come in here and attack the Provincial
Auditor?
Hon. Mr. Lautermilch:
Mr. Speaker, I can't tell you what the accountant fees were but
I can tell you that the officials certainly will have those numbers,
and that number will be offered through the Crown Corporations
Committee which is the appropriate place for those kinds of detailed
questions to be asked.
And as the member will know, SaskPower will be sitting
before the Crown Corporations Committee shortly and that's certainly
one of the questions that I would urge him to ask.
Some Hon. Members: Hear,
hear!
Mr. Boyd: Thank you,
Mr. Speaker. My question is for the Premier. Mr. Premier, I want
to know if you've learned anything from the SaskPower minister's
little public relations disaster of last week. Later today the
Provincial Auditor releases his spring report. So I guess what
we're wondering, and I think the people of Saskatchewan are wondering,
if we're going to see a repeat of the SaskPower minister's disgusting
display last week.
If there are areas in the report that he releases
today that are critical of your government, are we going to see
you hauling in accountants from all over Canada to launch another
fullscale attack on the auditor's credibility? Or can you
assure us and other members of this Assembly and all members of
Saskatchewan that you will treat the auditor's recommendations
with the respect they deserve instead of resorting to the tactics
displayed by the minister last week?
Some Hon. Members: Hear,
hear!
Hon. Mr. Romanow: Mr.
Speaker, I repeat again to the Leader of the Third Party the same
answer which I gave to the Liberal Party. This side of the House
treats every officer of the Legislative Assembly with respect.
That is not to say that in every instance where there
is an opinion offered by an officer of the Assembly that we cannot
take issue with it if we have legitimate grounds and rationale
for doing the same. In the case of SaskPower we think we do have
legitimate grounds, as evidenced by Ernst & Young and the
other chartered accountants and their advice to SaskPower as to
what should take place.
With respect to the Provincial Auditor's report to
be tabled later this day, we'll see what he has to say. In some
areas undoubtedly . . . in some areas we'll undoubtedly
try our best to comply with his recommendations - in most of the
areas. If there's an area where we disagree with him for legitimate
accounting or other reasons, we'll express that. We've done it
in the past. Nobody is under any personal attack here.
Some Hon. Members: Hear,
hear!
Ms. Haverstock: Thank
you very much. I have a supplementary question, Mr. Speaker, to
the Premier.
What are the chances of other Crowns introducing
reconstruction fees that will take millions of dollars out of
the pockets of taxpayers without recording this money as revenue?
Hon. Mr. Wiens: Mr. Speaker,
there are no plans to introduce any new fees, as the member opposite,
I believe, knows. This fee was introduced as a part of a public
review process where it was suggested that there would be a rate
increase and a reconstruction charge which would be handled in
this fashion in order to replace an ageing infrastructure in the
power sector; and each Crown will look after its own interests
in terms of providing for its future capital investment and we
will make sure that it fits with the generally accepted practices.
Some Hon. Members: Hear,
hear!
Mr. Toth: Thank you,
Mr. Speaker. Mr. Speaker, my question is to the Minister of Health.
Mr. Minister, once again NDP government polling shows
two things very clearly. One, health care is the most important
issue in the province of Saskatchewan. And number two, health
care is the area where the NDP is doing the poorest job.
In January, approval of your government's handling
of health care sank to an alltime low of 23 per cent. As
bad as that is, most people expect it to get worse - 62 per cent
expect the health system in Saskatchewan to deteriorate over the
next 10 years.
Mr. Minister, it is clear that Saskatchewan people
regard NDP health reform as a dismal failure. What are you going
to do to address this crisis of confidence in your government's
handling of health care?
Some Hon. Members: Hear,
hear!
Hon. Mr. Cline: Thank
you, Mr. Speaker. I'm pleased to tell the member and the House
that the latest polling showed that of the people that use health
services in Saskatchewan, 86 per cent of those who used health
services in the past year, Mr. Speaker, found them to be good
or excellent. Because the fact of the matter is, Mr. Speaker,
that Saskatchewan has one of the best health care systems in the
world - a medicare system opposed by the Conservatives, opposed
by the Liberals, still opposed by those parties if you listen
to the twotier rhetoric that they come up with, Mr. Speaker.
But I want to issue a challenge to that member as
I did to the Liberal members - which challenge has gone unanswered
so far, Mr. Speaker. And that is this: since they like to get
up day after day and say we don't have a good health care system
in the province of Saskatchewan, I challenge them to rise in their
place, Mr. Speaker, and tell us where in the world there's a better,
more caring, and compassionate health care system than there is
right here in the province of Saskatchewan.
Some Hon. Members: Hear,
hear!
Mr. Toth: Thank you,
Mr. Speaker. Well, Mr. Speaker, you really have to wonder why
the government even does this polling. And it's quite obvious
that they have extensive polling so that they hope they can pull
one good comment out of the polling at the end of the day, especially
when their poll shows that more than 62 per cent of the public
of this province disapprove of the way they are handling health
care.
Mr. Speaker, it seems that the government, every
time it puts a poll on and every time it listens to the people,
then the minister puts on the blinders and says, everything is
fine, as he just told us. Mr. Minister, when a person gets diagnosed
with a terminal illness, they usually go through five phases.
I see that you're going through denial, but everyone else in Saskatchewan
has already moved on to anger and fear.
Mr. Minister, why do you do these polls if you refuse
to listen to them? When are you going to start addressing the
crisis in confidence in your health care system?
Hon. Mr. Cline: Mr. Speaker,
the first thing I want to point out is that that member, like
the Liberal members, refuses to tell the people where they have
a better health care system than the province of Saskatchewan.
Because we have a very good health care system, Mr. Speaker, and
the record of this party and this government - which was to found
the medicare system in our country, Mr. Speaker - has been a good
record and it's going to continue to be a good record.
And we're going to continue to build our health care
system, Mr. Speaker, which is a far cry from what Conservatives
do in office or what Liberals do in office, Mr. Speaker. Because
when the Conservatives were in office federally, do you know what
they did? They started cutting back on the transfer payments to
the provinces for health care, and that's been continued by the
Liberals.
There's no difference between the Liberals and Conservatives,
Mr. Speaker. And that's why the latest edition of the Canadian
Medical Association News has this headline. It says: "Ottawa
fails to protect medicare." They failed to protect medicare,
Mr. Speaker, but we're going to protect it on this side of the
House.
Some Hon. Members: Hear,
hear!
Mr. McLane: Thank you,
Mr. Speaker. In the past few days, Mr. Speaker, a number of farmers
have contacted my office with a very legitimate question. Because
a certain percentage of their grain sales are used for capital
purchases each year, they wish to know if they can designate part
of these sales as expenditures, and not as income.
Will the Minister of Agriculture indicate whether
his government feels this is a reasonable request?
Some Hon. Members: Hear,
hear!
Hon. Mr. Upshall: Thank
you, Mr. Speaker. As you know, Mr. Speaker, the accounting practices
and the rules of taxation are set out very clearly. This government
will always consider farmers' requests as serious requests. We're
willing to look at this.
Some Hon. Members: Hear,
hear!
Mr. McLane: Thank you,
Mr. Speaker. As this House knows, the auditor suggested that $14
million this government collected from SaskPower as new reconstruction
charge should be reported as revenue. This government maintains
of course, as we've heard earlier today, that because these funds
will help pay for infrastructure upgrades and reconstruction,
it should not be listed as revenue.
Mr. Speaker, farmers, or for that matter any business
person, uses part of his or her income to improve their business
in one way or another. Will the minister in charge of Crown Investments
Corporation explain, if this government can decide that part of
its revenue should not be included as income, why can't individuals
then?
Some Hon. Members: Hear, hear!
Hon. Mr. Upshall: Mr.
Speaker, I see how the member is trying to twist around the issues
here and see where he's going. I'll tell you, the bigger concern
- and we always will, like I say, consider what farmers are requesting
as far as income tax purposes are concerned - but what the member
opposite should be, should be asking is how fast can we make sure
that the federal government gets our grain to market. Why aren't
they working on that?
We're going to have, we're going to have, with dropping
grain prices, some problems for the Crow benefit gone. I'd like
to know what the member's going to do about that, talking to his
federal partners, Mr. Speaker.
I think, Mr. Speaker, in the last year there's been
several hundreds of millions of dollars cut out of the farmers'
pockets by the Liberals in Ottawa, the cousins of these Liberals.
I find it very amusing that they will stand up in
this House and try to convolute the issues, convolute the issues
and make cheap politics out of what could be a serious issue in
Saskatchewan and that is our net farm income.
Mr. Speaker, I encourage these members to go and
talk to Mr. Goodale, who has done very little for Saskatchewan
in terms of the federal government and tell him to start working
for the farmers of this province.
Some Hon. Members: Hear,
hear!
Mr. McLane: Thank you,
Mr. Speaker. Evidently what's good for the goose is not good for
the gander in terms of this government's eyes. Mr. Speaker, maybe
the Premier could answer: if the government can hide revenues,
then why will he not allow the people of the province to do the
same thing? And that's exactly what's he doing. Why, Mr. Premier,
what's good for the goose is not good for the gander in your eyes?
Hon. Mr. Upshall: Mr.
Speaker, the federal government in this country, in this country,
has taken hundreds of millions of dollars out of the pockets of
prairie farmers. We have a transportation system, we have a transportation
system that has cost the farmers of this province hundreds of
millions of dollars. We have demurrage payments.
We see the federal minister a couple of weeks ago
saying that he was going to do something about transportation
of grain. A couple of hours later, his office said he was just
kidding. Yet now he's saying they're going to try to do something
again to ensure the movement of grain.
I think what the member opposite should be doing
is standing in his place and telling us . . . tabling
his correspondence to make sure that the Wheat Board legislation
gets through and that the federal government is serious about
moving our grain to port.
Some Hon. Members: Hear,
hear!
Hon. Mr. Nilson: Mr.
Speaker, I move that Bill No. 50, The Private Investigators and
Security Guards Act, 1997 be now introduced and read the first
time.
Motion agreed to, the Bill read a first time and
ordered to be read a second time at the next sitting.
Hon. Mrs. Teichrob: Mr.
Speaker, I move that Bill No. 51, The Arts Board Act, 1997 be
now introduced and read the first time.
Motion agreed to, the Bill read a first time and
ordered to be read a second time at the next sitting.
The Speaker: Before orders
of the day and pursuant to section 14 of The Provincial Auditor
Act, I now table the Report of the Provincial Auditor,
the 1997 spring report.
Why is the member on his feet?
Hon. Mr. Lingenfelter:
Mr. Speaker, by leave of the Assembly to make a statement.
Leave granted.
Hon. Mr. Lingenfelter:
Mr. Speaker, as the member from Swift Current said a few weeks
ago, in Saskatchewan we have learned to respond to challenges
from nature in a number of ways. Blizzards, drought, hail, wind
- we've experienced them all and accept them as part of the challenge
of living here on the Prairies.
Mr. Speaker, what we are not so used to are floods.
Last spring, and this one as well, we've had high water, some
property damage, some roads washed out, and a great deal of inconvenience
for Saskatchewan residents.
But I think it's fair to say that considering the
amount of snowfall both winters, we've been substantially flood
proof, and we've been very lucky here in the province of Saskatchewan.
Mr. Speaker, in the past few days, as we and the
people across North America and really around the world have watched
the news, we know by comparison just how lucky we have been. Our
neighbours to the south in North Dakota are experiencing floods
that are called "once in a century" if not more, and
the Red River has created havoc in Grand Forks, a city of 50,000
people. The people are now without water and electricity, and
to compound their suffering, fire has destroyed part of the downtown
area.
The sights on our TV screens of fire burning in the
middle of floods is truly astonishing and it serves to remind
us of how powerful nature can be and, by contrast, how little
we can do when the forces of nature turn against us. It's being
said that it will be a full two years before life returns to normal
in Grand Forks, if then.
And as we know, the Red River flows out of North
Dakota into Manitoba through Winnipeg, and in that province people
are bracing and preparing themselves for a record crest of the
river. It's some comfort to them that they can watch the progress
of the flood and prepare themselves accordingly, and I know huge
efforts are being made to protect life and property in Winnipeg
and in Manitoba.
And, Mr. Speaker, to the west, both in Alberta and
British Columbia, there is also flooding or the threat of flooding
in some of the communities - not to the same extent, but serious
none the less. Particularly, the town of Peace River has had its
downtown core flooded, although fortunately most residential areas
were spared.
Mr. Speaker, I know that all members will join me
in expressing our empathy and moral support for the states and
provinces that are under siege from flooding. We also join, I
am sure, in stating our admiration for the heroic struggles taking
place to fight back the waters - a losing one in some cases but
a noble one none the less.
We know that the human spirit and the determination
have already displayed . . . have been displayed, will
enable them to rebuild once the waters recede. And I know we all
wish them the best and express our support for them.
And, Mr. Speaker, when the remarks are concluded,
I intend to move a motion, seconded by the Government House Leader:
That the proceedings by all parties be forwarded
to the mayors, governors, and premiers of the affected locales.
Some Hon. Members: Hear,
hear!
The Speaker: Is leave
granted by the House to allow the Leader of the Opposition and
others to comment?
Leave granted.
Mr. Krawetz: Thank you,
Mr. Speaker. The official opposition also extends its condolences
and heartfelt thoughts to the thousands of people ravaged by the
floods and fires in North Dakota. During such widespread disaster,
humankind's lack of clout against mother nature becomes painfully
evident.
We would like to extend our prayers and best wishes
for all those trying to piece their lives back together in the
Dakotas. We also wish all Canadians in Manitoba who will be affected
by the flow of water along the Red River, a very safe next couple
of weeks and wish them all the best. Thank you very much.
Mr. Boyd: Thank you,
Mr. Speaker. Mr. Speaker, the Conservative opposition wants to
join all members of the House this afternoon to send our thoughts
and our prayers to our friends in North Dakota.
Last week we all watched the news and listened to
the reports of the city of Fargo and how these Midwesterners were
fighting to protect their homes and businesses from the ravages
of the Red River. I'm sorry to say that the dyke broke in Fargo
late last week and about a third of the city's south end was flooded.
Our hearts and support go out to all of those in
Fargo, Alida, and several other small towns along the Red River,
and we haven't heard much about the suffering as well from those
folks. Newscasts say it'll be about another week before they are
safe from further flooding.
More recently, Mr. Speaker, the thousands of families
in Grand Forks, North Dakota have been the focus of the news coverage.
Seventyfive per cent of over 60,000 citizens in Grand Forks
had to evacuate their homes and businesses and spent their days
in air force base hangars with other victims. This has been truly
devastating, Mr. Speaker, and the damages can't even really begin
to be estimated at this point.
We understand President Clinton has declared a state
of national disaster and thousands of National Guard, Red Cross,
and other volunteers are doing their best to help out the very
difficult situation.
Mr. Speaker, these people are prairie people, much
like ourselves. While they are in the midst of turmoil, volunteers
to help have actually had to be turned away because so many individuals
have turned up to help out in this situation.
That says a lot, Mr. Speaker, about the types of
people North Dakotans and prairie people are in general. They
are hardy and hardworking, and I know with our help and
the help of many concerned, they'll be able to rebuild their homes,
their businesses, and their lives.
They are also a giving people, Mr. Speaker. When
the Red was rising in Fargo, North Dakota State University cancelled
classes so thousands of university students could help sandbag.
And they all turned out and helped out. People from all across
North Dakota and Minnesota helped out those in need.
I'm thankful, Mr. Speaker, that the RaffertyAlameda
dams are preventing this same fate for areas like Estevan or Minot.
If not for these important structures, we could be watching the
same news reports for those areas as well. Rather than just providing
moral support, these structures are tangible support, and we've
had numerous phone calls from the people that say the same.
Mr. Speaker, I think it's very important that all
parties here join today to convey our heartfelt wishes to the
people of North Dakota. Hopefully the flood waters will recede
very quickly. Thank you.
Some Hon. Members: Hear,
hear!
Mr. Toth: Thank you,
Mr. Speaker. Mr. Speaker, I'd just like to take a moment as well
to join in with other members in support of this motion being
brought forward by the Deputy Premier.
Mr. Speaker, the flood damage that we're seeing and
the flooding that we're seeing taking place in North Dakota, and
certainly that's now headed up into the Manitoba area, has even
brought a little closer to home . . . as neighbours
of ours who were just a mile and a half down the road moved to
the area of Portage La Prairie. We called on Saturday evening
just to see how they were doing. Unfortunately we just got to
talk to the young daughter because they were out sandbagging,
helping their neighbours to try and protect their property as
the flooding on the Red progresses north.
Mr. Speaker, it's just another reminder of how human
we are. And despite all our abilities, there are times when nature
certainly just shows that it still has the upper hand. And I guess
as human beings, we can . . . we show how thoughtful
. . . and our loving and compassionate ways by reaching
out to people in need.
While we're addressing the flood situation, I think
as well we should just be mindful of the problems that were created
by the severe winter. And I think of North Dakota and Montana
ranchers who are right now, Mr. Speaker, just going out and counting
up the loss in livestock as a result of this severe winter.
While the snow has created a problem, flooding is
even expanding that problem. It's certainly important that we
take a moment to reflect and I guess, if you will, Mr. Speaker,
to say thank you, thank the good Lord for the country we live
in - be thankful for the fact that we aren't being affected by
these floods.
And I guess if there's one other thing to just be
mindful of, Mr. Speaker, is - and the thing that I think brings
it even closer to home - is we see the problems that people in
Saskatchewan were affected with last year, and when you hear of
flood or a major disaster to find out that you've carried insurance
for so many years but insurance finds a way . . . or
has basically through the years shown, well we don't really cover
that.
And I think that's where it is important that we
as individuals then pick up the slack. And I know that over the
next few months, people - even though we've got an invisible boundary
line between us and our neighbours to the south - people on both
sides of the border are going to be showing how much they care
not only by the way they're willing to work together right now
to prevent damage, but even in the way they reach out to help
as people recover from the damages as a result of the flooding.
So I certainly extend my heartfelt wishes that each
one who is affected will certainly see the brighter side as the
floods recede and as they get on with their lives.
Some Hon. Members: Hear,
hear!
Hon. Mr. Lingenfelter:
Mr. Speaker, as I mentioned in my remarks that I'd be moving
a motion, I hereby move:
That the remarks made by all parties be forwarded
to governors, mayors, and premiers of the affected areas.
I so move, seconded by the member from Watrous.
Leave granted.
Motion agreed to.
Hon. Mr. Upshall: Mr.
Speaker, the municipal employees' pension plan provides benefits
to municipal employees, school board employees, and designated
police officers and firefighters. Over 700 employers and
over 9,000 active and inactive employees participate in the plan.
The plan currently pays benefits to about 2,400 members.
An amendment proposed in this Bill, Mr. Speaker,
explicitly defines the term "salary" for the purpose
of members' contributions to the plan, and benefits payable from
the plan. This redefinition of the term salary will result in
fairer treatment of parttime and seasonal employees participating
in the pension plan.
The Bill facilitates the appointment of a representative
from the Urban Municipal Administrators' Association to the ninemember
commission that oversees the plan's operations. The commission
represents major employers and interest groups participating in
the plan, such as the Association of School Business Officials
of Saskatchewan, the Rural Municipal Administrators' Association
of Saskatchewan, and the urban employees.
Other amendments to the plan result in fairer benefits
for plan members. Members who served a oneyear waiting period
prior to joining the plan will have the opportunity to purchase
the oneyear waiting period, giving them parity with employees
now joining the plan. Members who leave their excess contributions
in the pension plan upon their termination of employment will
have the opportunity to convert those contributions to a defined
benefit based on the option they choose at retirement.
In addition, Mr. Speaker, members transferring their pensionable service and money from their previous employer's pension plan to this pension plan will have the opportunity to purchase any service for which insufficient money is transferred under the terms of a reciprocal agreement. While enhancing the portability of pension assets, the amendment will allow the member to protect a pension asset for which he or she has received credit under a pension plan.
Other proposed amendments facilitate the pension
plan's compliance with the Income Tax Act (Canada) and clarifies
the rules for members contributing to the pension plan while in
the receipt of disability benefits.
Mr. Speaker, I move second reading of An Act to amend
The Municipal Employees' Pension Amendment Act, 1997.
Mr. Osika: Thank you,
Mr. Speaker. Mr. Speaker, I'm pleased to have the opportunity
to speak to The Municipal Employees' Pension Act and, Mr. Speaker,
as the minister indicated, the plan provides benefits to municipal
employees, school board employees, and designated police officers
and firefighters.
Although some sections of this Bill are fairly noncontroversial,
there are others which will increase cost for the aforementioned
employers. Mr. Speaker, this in and of itself may not be problematic.
Individuals who contribute a significant number of years in public
service without a doubt deserve a fair pension. With that aside,
Mr. Speaker, despite what the government likes to say, they simply
have not provided adequate funds to either municipal government
or to school boards to cover these increasing costs.
Mr. Speaker, municipalities and school boards are
in a nowin situation. They do not have ultimate authority
over wage determination for their employees nor do they have any
control over the amount of funding that they receive in a year.
Not only is the provincial government the ultimate arbitrator
of funds, they also dictate to a large extent how these funds
must be spent.
Given this centralized control, the only win situation
for municipalities and school boards is if the government were
to provide adequate funding to cover all these additional costs.
Mr. Speaker, it is evident that this is not the case. Neither
the municipal governments, school boards, taxpayers, or children
of this province are winners because of the 199798 budget.
Mr. Speaker, if the members opposite do not believe
my assessment of the situation, allow me to share with you the
view of Mr. Al Klassen, the president of the Saskatchewan School
Trustees Association.
(1430)
According to Mr. Klassen, and I quote:
Last year the government agreed to salary increases
for teachers which will cost school boards $8 million in 1997.
The $8 million the government has put into school board operating
grants will cover teacher salary increases and that's all. No
additional money for anything else.
Mr. Klassen has also stated that, and I quote:
This budget represents a zero sum gain for boards,
or worse. While the dollars to cover teacher salary increases
have been provided, school boards face a wide range of other costs
that are not covered. To suggest that Saskatchewan school divisions,
and by extension students and their families, are better off as
a result of this budget is truly a stretch.
It became very clear this last week, Mr. Speaker,
that not only is this government underfunding education, it is
also seriously underfunding municipal governments.
Mr. Speaker, last week my colleague from Saltcoats
informed the members opposite that at least 106 municipalities,
municipal governments, were concerned about the downloading of
this government. The funding cutbacks handed down to municipal
governments averaged 38 per cent. And this was only an average,
Mr. Speaker. In some cases the cutbacks were as high as
95 per cent.
Mr. Speaker, because this government continues to
offload its constitutional responsibilities, both of these systems
are in a state of severe, severe underfunding.
Mr. Speaker, I find it very ironic that the members
opposite rise in this Assembly on a daily basis and criticize
the federal government for its cuts to transfer payments which,
Mr. Speaker, only represents one and onehalf per cent of
the total government funds.
Mr. Speaker, the people of Saskatchewan want to know
how the members opposite can criticize the federal government
for cutbacks which amounts to one and onehalf per
cent of their total budget when it has cut municipal governments
to the tune of 38 per cent.
Mr. Speaker, this situation draws out yet another
inconsistency with this government. When the members opposite
were in opposition, they were highly critical of the PCs (Progressive
Conservative) because that administration cut government's traditional
portion of education funding from 60 to 40 per cent, leaving the
property owner with 60 rather than 40 per cent of the burden.
The members opposite were very critical, Mr. Speaker, yet they
have done nothing, not one single thing, to reverse this trend.
Mr. Speaker, it is time for this government to take
responsibility for such areas as municipal government and education,
which are their constitutional responsibility. Mr. Speaker, I
would go so far as suggesting that the members opposite revisit
section 92 of the constitution and refresh their memories on what
areas they are in fact responsible for.
Mr. Speaker, this government must take a serious
look at the results of its offloading. One result of government
cuts has been fighting between and within communities and school
boards over appropriate solutions to the grave dilemma they are
in. The local taxpayers and officials are left to deal with the
situation and, Mr. Speaker, this government is trying to wash
its hands of the whole thing.
Well, Mr. Speaker, the members opposite cannot have
it both ways. In this legislation, we see the government increasing
costs for municipal governments and school boards with respect
to pension plans. I would like to emphasize that on the surface
this may not seem to be a problem, but we must consider the context
in which this Act will be implemented. This government's intolerable
offloading, and the increased financial burden shouldered by local
taxpayers, will make these additional costs all the more painful
to bear.
With these concerns, Mr. Speaker, I would like to
adjourn debate. We believe that further consultation with the
affected groups is necessary before we can support this Bill.
I therefore move adjournment of this motion. Thank you.
Debate adjourned.
The Assembly resumed the adjourned debate on the
proposed motion by the Hon. Mr. Lautermilch that Bill No. 14
- The Water Corporation Amendment Act, 1997 be now read a
second time.
Ms. Draude: Thank you,
Mr. Speaker. I'm very pleased to have the opportunity to speak
again on this Bill. Two weeks ago I spoke to this Bill and raised
several concerns, and I would like to take a few minutes today
to discuss them even further.
A discussion of Sask Water seems especially timely
considering the recent flooding in so much of our province, and
this government's lack of commitment to help people affected by
the flooding damages. When we called on the government for disaster
relief the member from Prince Albert Northcote said the government
could not yet act because the damage had not been assessed. Well,
Mr. Speaker, municipalities are assessing the damage as we speak,
and are busy putting together their requests for relief. Unfortunately
until the applications find their way through the bureaucracy,
municipalities will have to shoulder the costs of reconstruction.
This burden is especially onerous given that municipalities
are faced with Draconian revenuesharing costcutting.
The member also said the government would work with local governments
to minimize the impact on their areas. I certainly hope they stick
to this commitment.
There have been hundreds of thousands of dollars
damage done to homes, machinery, and personal belongings. Roads
have been wiped out and bridges swept away, worsening the already
dangerous road conditions in this province.
Not only has the government shown a lack of commitment
to rebuilding Saskatchewan roads, it has not acted on its promise
to aid communities affected by flooding. How can municipalities
be expected to cope when revenuesharing grants have been
drastically cut by up to 90 per cent? People are frustrated and
angry and it is incumbent upon the government to alleviate their
concerns.
Lately people have been paying a lot of attention
to the Crown corporations, like Sask Water's new advance into
business called SPUDCO. The NDP has been crowing about the Crown
dividends paid to the government this year and they brag about
how well they are doing with people's investments.
What they are not bragging about is the rate of return;
that is only .625 per cent. They are not bragging about losing
$16 million in a bad SaskTel deal. And they are certainly ashamed
- or they should be - about their attack on the Provincial Auditor
when he rightly pointed out that Sask Water was underreporting
profits. I'm waiting most impatiently to see how our Water Corporation
makes out in the potato business, Mr. Speaker.
Well, Mr. Speaker, this provides interesting grist
for the mill but my purpose here today is to discuss Sask Water
and the Bill before us. Mr. Speaker, let me turn to the clause
dealing with expropriation. This amendment will take the power
of expropriation from the government and give it to Sask Water.
As people in the Condie area well know, having your
land expropriated is a painful and frustrating experience. Taking
someone's land affects the very livelihood and dignity of an individual.
We all know in Saskatchewan how important land is and what it
means to our farmers. It's often more than just an income; it's
a way of life.
Because of the seriousness of expropriation, because
of the seriousness of meddling with individuals' rights, the decision
to expropriate should be made by duly elected representatives
of the people. Somehow it seems inappropriate to me to have Crown
corporations with no obvious ties to anything but the bottom line
of a balance sheet make these kinds of decisions.
Mr. Speaker, this Bill talks about reducing the regulatory
process for urban municipalities which are undertaking sewage
or waterworks projects. This is all supposed to be for the benefit
of reducing regulations.
Reducing government regulation is of course a very
good idea. Everyone knows how frustrating red tape is. And regulatory
overlap like there was between Sask Water and Sask Environment
and Resource Management is definitely a waste of time and of money.
It is especially frustrating to the people of Saskatchewan
and the Liberal opposition that this government has a habit of
ruling by regulation rather than legislation. So any time we can
reduce the opportunity for government to rule by regulation, the
better off we all are.
Speaking of regulations and red tape, I have concerns
about the changes to the rules requiring registration of approvals
at the Land Titles Office. The government is proposing to suspend
all licences and replace them with approvals. It would seem that
this is simply a housekeeping measure. But where's the guarantee
that a new approval will be issued, and who is responsible for
making these decisions?
Mr. Speaker, it is imperative that this government
make clear what the responsibilities are in this regard. And it
is vital that we avoid the possibility of arbitrary decision making
where, in certain situations, approvals may not be issued.
I am concerned that this Bill does not clear up all
of the administrative tape. There are still questions to be answered.
New approvals will have to be registered with the Land Titles
Office. Will they be registered as a caveat or an easement? And
the answer to these questions could impact land transactions.
In their effort to fulfil treaty obligations to Indian
bands, the federal government must have jurisdiction over certain
bodies of water which normally fall within provincial jurisdiction.
The Bill before us will allow for this.
The issue of treaty rights is a contentious one.
And this is why the government must be absolutely clear with the
people of Saskatchewan about what is happening when land is handed
over for the settlement of treaty obligations. This must be not
only a fulfilment of our obligations, but an exercise in public
education.
People have come to us with concerns that the government
is not consulting enough with local residents and has not explained
the process of land grants. Because this is a potentially volatile
issue, the government must do all it can to alleviate people's
fears.
We need to raise questions about the problems of
access, the usage of the water, environmental regulations, and
so on, when we give up jurisdiction over the bodies of water.
I am concerned about how adequately these issues will be addressed.
All of these concerns and more will come up in greater
detail in the Committee of the Whole, and I move the Bill be passed
on.
Some Hon. Members: Hear,
hear!
Mr. D'Autremont: Thank
you, Mr. Speaker. On the whole, this is a positive Bill and our
caucus supports it, with one very important exception, Mr. Speaker.
In general, this Bill strives to eliminate red tape
and overregulation. Once again, it is pleasing to see the
government adopt a page out of the Conservative campaign platform.
The NDP took our 2 per cent cut on the PST (provincial sales tax),
Mr. Speaker, that plank, out of our campaign. And now they're
taking another plank, which is the reduction of red tape, bureaucracy,
and overregulation, Mr. Speaker. So to Dr. Melenchuk, though,
I should inform him that we only meet with the government occasionally
to discuss our platform and for them to take our ideas.
Now in light of this, Mr. Speaker, we would like
to renew our invitation to the members of the government caucus
to come across the floor and join our caucus where their newfound
conservative ideals will no longer be subject to the needless
and unfounded criticisms of the NDP Party membership.
The first major change made by this Bill, Mr. Speaker,
is the elimination of the need for municipalities to submit detailed
plans for pipeline systems. They need to maintain those plans
themselves, Mr. Speaker, but there's really no need to keep transferring
them into a central body all the time. Whenever companies are
going to do work in the area, they have to go to the municipality
for agreements anyway, Mr. Speaker, and they can check at that
point as to what is in the ground.
Our caucus has no longer . . . has long
tried to stress to this government that municipalities run the
most efficient and responsible governments in the province. Allowing
them this greater autonomy recognizes the excellent work and high
skill that municipal leaders have shown over the years.
Mr. Speaker, this Bill also eliminates paperwork
for landowners who operate dams on their own land. As the minister
pointed out in his speech, if land containing a dam is sold, the
new owner had to submit a new application to Sask Water for an
operation that had long since been approved - simply a replication
of the previous application, Mr. Speaker, and previous approvals.
The change frees up time that farmers had been wasting
filling out forms instead of running their farms, Mr. Speaker.
It also saves the government money in terms of staff resources
to process these needless applications. So again we support this
change.
However, the one area of this Bill that we do not
support is the increased power of Sask Water to expropriate easements
on land without orders in council, Mr. Speaker. Clearly, this
is very dangerous whenever you give a government agency more power
to run roughshod over the rights of property owners.
(1445)
And as you know, Mr. Speaker, I have a particular
interest in property rights and have brought forward many times
in this House Bills which would actually give the people of Saskatchewan
the right to hold property.
The minister gave the excuse that Sask Water is the
only Crown required to receive an order in council to make expropriations.
To me, this is quite simply a case of two wrongs not making a
right. The rights of property owners have already been deteriorated
by allowing expropriations without orders in councils by the other
Crowns. This negative situation will only be worsened by extending
this unjustified right to Sask Water.
The decision by a government to expropriate land,
Mr. Speaker, should always be as a last resort and the Crown should
always have to jump through as many hoops as possible to be able
to implement this regrettable policy.
The previous government, Mr. Speaker, certainly learned
about the need to jump through hoops while the NDP members opposite
did all they could to make sure that those hoops, Mr. Speaker,
were rings of fire when it came to the expropriation of any lands
dealing with the Alameda and Rafferty projects. In fact, Mr. Speaker,
the lands there are still not expropriated. Now however, the NDP
believe that government has no need to provide notification or,
indeed no political accountability, by authorizing the expropriation,
as in the case of the Condie power line and SaskPower, Mr. Speaker.
When the government must provide an OC (order in
council) it's available for people to see; it's available for
people to see who signed that order in council allowing for that
expropriation, Mr. Speaker. This change to this particular Act
will no longer make that available. Now the minister of the Crown
will no longer be responsible for that expropriation.
It will simply be the Crown corporation that is doing
it and it takes the political heat off of the minister responsible.
We believe that the minister should bear that burden; that they
are elected to represent the people and they should accept their
responsibility as well as the benefits of being a minister of
the Crown.
Mr. Speaker, while our caucus supports most parts
of this Bill, we have serious reservations about these expropriation
powers and we would like to examine it in more detail in Committee
of the Whole, where we will be considering bringing forward appropriate
amendments. Thank you, Mr. Speaker.
Motion agreed to, the Bill read a second time and
referred to a Committee of the Whole at the next sitting.
The Assembly resumed the adjourned debate on the
proposed motion by the Hon. Mr. Upshall that Bill No. 47 -
The Psychologists Act, 1997 be now read a second time.
Ms. Haverstock: Thank
you very much, Mr. Speaker. I welcome the opportunity to comment
on The Psychologists Act today. There's one thing upon which all
psychologists in the province of Saskatchewan can agree, and that
is that all psychologists should be registered. It's important
that a profession is empowered to first of all police itself,
and secondly and equally importantly, protect the public.
And to do this, changes most certainly had to be
made to the outdated and ineffective Act of 30odd years
ago. And I would say that the majority of them, Mr. Speaker, are
welcomed, but there are some proposed changes that are not eagerly
embraced. There are some that I truly hope will be amended because
they can be improved, and without modification I think that they're
going to lead to ongoing division in psychology in this province.
Of equal significance, without amendments, are going
to be the implications as far as the standards of psychology for
the province of Saskatchewan.
I'd like to be more specific if I may, Mr. Speaker.
First of all I have spoken not only with the minister but one
of his employees as well as a member of a committee for this House
that was examining this Bill. And I spoke with them in exactly
the way that I will be addressing this Assembly this afternoon.
I felt that of primary importance was, first of all,
the need for all members of this profession to agree. It was extraordinarily
important that these people - psychology professionals who are
both doctoral trained, master'slevel trained and so forth
in the province of Saskatchewan - reach a compromise.
And I must say that I was extremely disappointed
that this did not take place. Not totally surprised, but very
disappointed. Especially when I read from different members of
the profession of psychology that they felt that they were reaching
a compromise and were stunned, to say the least, when they found
out that this in fact was being brought forward to the House.
It's not surprising, Mr. Speaker, that members of
this Assembly would receive many letters of endorsement on this
particular Bill. And the reason for that is because the majority
of people in Saskatchewan who are in the profession of psychology
are not Ph.D.level trained. It's unfortunate, but it happens
to be the case in our province. So it is not surprising that there
are greater numbers that would come to us that in fact state that
they are in favour of it.
I want to speak to some specific issues. These specific
issues include title distinction, they include the transitional
council, and they will include supervision and a few other points
as well, in particular the grandparenting provisions and the conflict
of interest bylaw and so forth.
Let me begin with title distinction. It's interesting
Mr. Speaker. When I met with people about this, one of the things
that was raised was the difficulty that people in Saskatchewan
would have in understanding exactly the differences between psychologists
if they didn't all have the same title. And I find that rather
an absurd argument, Mr. Speaker.
For example, we do have ophthalmologists in the province
of Saskatchewan and our citizens have little difficulty differentiating
between an ophthalmologist and an optometrist. We have orthodontists
in the province of Saskatchewan and our citizens are bright enough
to be able to differentiate between an orthodontist and a dentist.
We have lawyers in the province of Saskatchewan and no one seems
to have any difficulty knowing the difference between a lawyer
and a paralegal. And yet when it came to this particular professional
field, Mr. Speaker, it appears as though the Government of Saskatchewan
doesn't think that our citizenry are bright enough to be able
to distinguish between this profession on the basis of its training.
I found that insulting at the very least, as far of the people
of our province are concerned.
We have extraordinary psychologists in our province,
some of whom are trained at the master's level. These are highly
competent people, people with a great deal of experience, people
who have been well trained. There is no question that they have
these kinds of characteristics.
We also have highly trained, highly competent and
very experienced people at the Ph.D. level.
So there is no question about that, Mr. Speaker, and there is no question at all that all of them should be registered in order to protect the people of Saskatchewan as well as to ensure policing of this particular profession.
What is very interesting, however, Mr. Speaker, is
that somehow we think that if we differentiate between the members
of this particular professional group that it somehow will undermine
people who are not trained at the Ph.D. level, and I find that
utterly absurd.
Similarly, when we're talking about the transitional
council, there must be fairness. If there's not fairness, the
whole purpose of the transitional council will collapse. For example,
it is very, very unwise for the inequality that is now being suggested
in this proposed Act and it's very unfortunate that what has happened
is, in essence, to coalesce the two groups that have the least
training, the least education, and to make them outnumber the
group that has the most.
Now I'm going to give the analogy that I made earlier
about the field of law. Mr. Speaker, I really do pose this question
to the Minister of Health, in essence, whose profession is law,
and I ask him how he would feel if in fact paralegals were to
join in a transitional council with lawyers; and that in the province
of Saskatchewan, if it were the similar situation as there is
with the profession of psychology, that that group of paralegals
actually outnumbered the lawyers in that transitional council,
would that be considered to be equal, would it be considered to
be fair, and would it be considered to be wise?
Well I don't think any of the above, Mr. Speaker.
And what concerns me, we are not making comment on the competency
of the paralegal, were not making comment on their experience
or their ability to carry out their work and do so in an extraordinary
way, but why is it that one would want to create a transitional
council where in fact members of the group for educational psychologists
and the one for master'slevel trained psychologists in Saskatchewan,
would actually outnumber that group, which is Ph.D.level
psychologists. It doesn't stand to reason. And I most certainly
hope that the minister will bring forward House amendments and,
if not, will at least consider those that will be brought forward
by me or others.
To further comment, Mr. Speaker, I think one of the
things that is also important is looking at supervision, and there
have been suggestions as far as what we consider to be minimal
supervision. I know of people who, in this province, were trained
at the doctoral level and in the past were never even able to
consider themselves or call themselves psychologists, with a doctorate
in clinical psychology, unless they had gone through registration.
And registration not only included exams and oral exams but also
a certain level of supervision.
Surely in order to protect the members of the public
who will be going to people considering themselves . . .
putting themselves in front of individuals who are welltrained
and so forth and professional people, that at the very least we
can ensure that all people, before they are grandfathered into
this . . . grandparented into this new Act, will be
considered to have to go through certain minimum requirements
for supervision.
I think it is a sad commentary perhaps, in our province
that we have so few doctorallevel psychologists here; it's
not a problem faced in other provinces. But if what we do is actually
minimize the importance of the highest training available for
people, what we also do is minimize the importance of one of the
most important departments at one of our universities in this
province. And that is a department which has received recognition
not only from the Canadian Psychological Association but the American
Psychological Association.
If I may reiterate, Mr. Speaker, I want to state
the following: I have worked with people with a broad range of
training; I have been proud to work with all of them. I believe
that all of us should in fact be required to be registered in
our province. It is a good thing. It's good for the profession
and it most certainly is going to be better for the public.
At the same time, it's extremely important for us
to understand that, when we're dealing with a profession in this
House, that we consider it as equally important to any other profession,
to be thoughtful about the implications that this will have on
its membership; to ensure that when there is a minority, that
those minority interests are well represented and protected because
they too are going to contribute in an extraordinary way and have
to this overall profession and treatment for people in the province
of Saskatchewan.
I hope that the minister will entertain the kinds
of changes that I think are warranted in this new psychologist
Act. And at this point, Mr. Speaker, without going into any further
detail about the conflict of interest bylaw regarding public appointees
or protection of terms and so forth, which I will continue to
raise with the minister, I will adjourn debate in hope that the
government will consider House amendments. Move to adjourn. Thank
you.
Debate adjourned.
(1500)
The Assembly resumed the adjourned debate on the
proposed motion by the Hon. Mr. Nilson that Bill No 28 - The
Family Maintenance Amendment Act, 1997 be now read a second
time.
Ms. Julé: Thank
you, Mr. Speaker. Mr. Speaker, I am pleased to have this chance
to address some of the amendments proposed within Bill No. 28,
The Family Maintenance Act.
As my colleague from North Battleford so eloquently
pointed out, we are hopeful that Bill No. 28 will make some longoverdue
changes to Saskatchewan's systems of establishing child support
payments.
Right across Canada provinces are trying to bring
their own legislation in line in order to complement the changes
that are also being introduced at the federal level. However it
is my hope that this Bill will consider both the financial and
emotional health of the children of divorced couples.
In this day and age divorce is becoming increasingly
frequent. Some studies predict that one in two marriages will
end in divorce by the year 2000, and so millions of Canadian children
are faced with that reality. Many children of divorced parents
find themselves in the middle of bitter custody and maintenance
battles. In addition to facing the challenges of overcoming the
breakup of their traditional family unit, these children are often
victimized again by prolonged legal battles and bitter feuds over
other divorce arrangements.
Introducing some standardized guidelines on establishing
child support payments is a welcome change if it succeeds in reducing
the amount of time and money and emotional turmoil that often
result from divorce litigation.
This legislation will still allow judges to have
the overriding power to draft child support payments for special
circumstances that are brought before the courts. But I'm hopeful
that standard guidelines across Saskatchewan will make the process
of arriving at child support payments much less complicated, less
expensive, and less damaging to the children involved.
As my colleague from North Battleford stated, lawyers
are often fond of saying that clients should not mix up the issue
of child support with the issue of child access. But reality is
quite different. If child support is a bitter and emotional and
divisive issue, it is almost inevitable that visits by the noncustodial
parent will be a time of turmoil and fighting.
Some recent studies have shown that child support
and child access are often linked in reality. Many people I have
spoken to about this Bill are concerned that governments at all
levels have failed to consider these two issues jointly. They
are concerned that the payer in the custody agreement, who is
also the noncustodial parent, should also be granted more
equitable access to their children.
And I believe that governments at all levels have
also found this to be a difficult issue with which to grapple.
The crux of the problem is that governments, the courts, and the
parents have spent decades and millions of dollars trying to assess
what is fair and equitable income support for children of divorce,
because we all agree that children must be provided with enough
income in order to be provided with the necessities to live.
And it's only very recently that research has started
to delve into the deeper emotional matters surrounding the access
issues of divorce. Canadian divorce statistics are on the rise
and thousands more Saskatchewan children will certainly be exposed
to the trauma of their parents' breakup. As parents and as elected
members of this Assembly, we should all be more aware of the potential
social impact that child support arrangements and child access
arrangements are having on our youth. Above all, children must
not be a bargaining chip.
I hope that governments at all levels can now begin
focusing more attention and research to these very important issues
that are shaping the emotional wellbeing of children across
Canada. Many children of a divorce already bear the scars of an
unsuccessful union of their parents; they should not be made to
suffer any further because of a lack of social conscience in Canadian
society.
Mr. Speaker, I have a few more concerns about Bill
No. 28 that I'm still gathering input on. And so at this time
I move to adjourn debate on this motion.
Debate adjourned.
The Chair: I would ask
the minister to introduce his officials.
Hon. Mr. Nilson: Yes,
I'm pleased to have with me today, Darcy McGovern from legislative
services.
Clause 1
Mr. Hillson: - Thank you,
Mr. Chairman. I would like to know if the minister could tell
me, is this also the fruit of the uniform law commission? Is this
an Act which you anticipate will be introduced in other legislatures
and jurisdictions of Canada, and if so, what stage we're at in
terms of other provinces of the country.
Hon. Mr. Nilson: Yes,
I'm pleased to confirm that this is legislation that comes from
the uniform law conference. To date British Columbia and Prince
Edward Island have already passed this particular Bill, and we
anticipate that the others will come along in the next legislative
sessions. So we would be the third one to pass this Bill.
Mr. Hillson: - Could the
minister indicate if there are any areas he sees that will result
in any profoundly different practice in the province. It seems
to me that while there are some details which may change, that
in fact there is little substantial difference to present civil
practice in the province and registration of foreign judgements.
Hon. Mr. Nilson: I think
the member is correct, that it will not cause a great deal of
consternation in the legal profession or in the courts in Saskatchewan.
The one thing that it will do, which will be of assistance, is
that it will set out clearly the full faith and credit clause
so that when all jurisdictions in Canada have this legislation
passed, there will not be the necessary concern in the courts
in Saskatchewan as to whether the other court that made the order
had the jurisdiction to do that.
Mr. Hillson: - I note,
Mr. Chairman, that there is reference in clause 4 to registration
fees being charged. I would ask the minister if he could tell
us what is contemplated there. Would this be a relatively nominal
charge in order to cover the operations of our local registrar's
office in the Court of Queen's Bench, or is it anticipated that
significant charges would be levied for registration of a foreign
judgement?
Hon. Mr. Nilson: The
current fee for registration is $10, and that's under the regulations
under The Queen's Bench Act. And we don't anticipate that that
fee would change.
Mr. Hillson: - I note
that under clause 6, judgements from other provinces cannot be
enforced after the time limit for enforcing them has passed. Are
any complications anticipated where limitation periods may be
different in other provinces than they are here in terms of then
giving rise to different legal rights for people registering a
foreign judgement here from people who might be commencing a legal
action here?
Hon. Mr. Nilson: I think
the clear rule set out here is that it would be the limitation
period where the judgement was granted that would apply, but with
the further proviso that if that in some way was longer than 10
years, it wouldn't be longer than 10 years in Saskatchewan since
that's our rules here.
Mr. Hillson: - So in other
words then, Mr. Minister, there might well be situations in which
a legal action would be out of time in this province but because
it started in another province, it would therefore be valid and
registerable here.
(1515)
Hon. Mr. Nilson: Well
I think as you know, the enforceability of a judgement in Saskatchewan
is 10 years; so that meshes with this. I think the question you're
getting at again is the similar one as we were looking at it . . .
the other legislation the other day, which is the project that
uniform law conference has to try to set uniform limitation periods
across the country.
And at this time we don't anticipate any problems,
but there may be some places where there would be a slight question.
But after the hopeful review of all the limitation periods, that
any small concern would be eliminated as well.
Mr. Hillson: -There is
reference in this Bill, Mr. Chairman, to a power to not register
a judgement from another province where that judgement would be
contrary to public policy. And that is contained in, I think,
various places, including clause 7.
I realize, as you say, this came from uniform law
conference, but I'm a little bit puzzled that the drafters would
apparently think that there could be a judgement in another province
that would be contrary to public policy. And I wonder if the minister
could give me some example of what would have been on the drafter's
mind in making this provision. What's a circumstance or situation
it would really be designed to deal with?
Hon. Mr. Nilson: Okay,
I appreciate that question because it is a very good question.
The classic example that common law . . . obviously
are, you know, the rules around slavery, which then became against
public policy in certain jurisdictions and so orders related to
slavery would not be enforced.
In Canada we don't anticipate that there would be
a problem; although the example that was discussed, and continues
to be discussed, is a situation where there might be exorbitant
damage awards made in one jurisdiction in Canada - say there's,
you know, a hundred million dollar award that ends up then being
enforced in Saskatchewan. And we wanted to leave some room there
for the courts to review situations that seemed to be just really,
really out of whack.
Mr. Hillson: - I believe,
Mr. Minister, that even prior to our nofault legislation,
that awards in the province of Ontario arising out of motor vehicle
mishaps were significantly higher than those generally awarded
in our courts. And I suppose it would probably be fair to say
that gap has increased enormously since nofault.
And so you're saying that where someone has recovered
a very high award in, say the province of Ontario, that it might
not be automatic that that would be registered in Saskatchewan
where a Saskatchewan victim would presumably be paid far less?
Hon. Mr. Nilson: No,
that's not the understanding we have at all. I think the more
important point is that it allows for that ability to challenge
an award if it's against public policy. I think practically, in
Canada, we would accept the fact that an Ontario award might be
higher than what's here in Saskatchewan.
Mr. Hillson: - Does the
minister have any indication as to when he intends this Act to
come into force? Are there regulations in place or the rules of
court? And can he indicate if Saskatchewan will proclaim this
together with the other provinces or will we be proclaiming it
on our own?
Hon. Mr. Nilson: The
present plan is to proclaim the legislation when we have a sufficient
number of the provinces that will have passed the Bill. So when
we're finished here that will be three, and we'll see what the
results are from the other legislative sessions this spring. I'm
not sure what the magic number is - six or seven, probably.
We're already in the process of contacting the chief
judge in the Court of Queen's Bench to look at what kinds of discussions
they need to change the rules to accommodate this particular legislation.
So that process will be commencing, and it's anticipated that
all the rules will be in place before the Bill will be proclaimed.
Mr. Hillson: - Mr. Chairman,
Canada does of course have nine common law provinces, twelve if
you include the two territories - I mean eleven, if you include
the two territories - and of course we have one civil code jurisdiction.
I note that in this case the Bill has been translated
into both official languages. Do these principles relate specifically
to either common law or civil code? Will they be difficult in
translating to the other system, or do the principles contained
in this Act really transcend civil code versus common law?
Hon. Mr. Nilson: Quebec,
the Government of Quebec, participates in the uniform law conference
and makes sure that things mesh with their system. So it's our
understanding that this would include whatever requirements they
need so that judgements obtained in Quebec could be enforced in
Saskatchewan and vice versa.
That's as far as we can go at this point. They haven't yet passed the legislation there, but we anticipate and the plan is that they would be included as well.
Mr. Hillson: - Yes. Thank
you, Mr. Chairman. I think that that satisfies me that this is
legislation which will be enacted by other provinces in the country
. . . and that while this is a matter within provincial
jurisdiction, obviously there is a strong public policy argument
for having these provisions the same throughout all of our provinces.
And so it is good that our provincial Departments
of Justice are cooperating so that the same provisions apply in
all provinces. And I'm pleased to hear that's the case and I am
satisfied that this is a sensible proposal for us to proceed with.
I would also like to thank the minister for his answers
today and also for the attendance again of Mr. McGovern.
Mr. Boyd: Thank you,
Mr. Chairman. Mr. Minister, welcome to you and your officials.
This Act with respect to enforcement of maintenance orders is
very important, as you know.
It's something that frankly, when I was elected I
guess in 1991, I never thought that I would be sort of involved
in the numbers of cases with respect to things of this nature
and . . . Maybe I'm a little bit off topic here; I'm
not sure. Were we on to the enforcement Act thing?
An Hon. Member: No.
Mr. Boyd: Oh, I'm sorry
then, Mr. Chairman. I'll reserve my comments for the other later.
I think the member from Moosomin has some comments with respect
to this.
Mr. Toth: Thank you,
Mr. Chairman. Mr. Minister, regarding the Act - and I was listening
to the member from North Battleford with his questions - as you
indicated in your opening remarks regarding the reasons for the
Act, you were talking about uniformity of law across . . .
and I believe you're looking at uniform legislation enacted across
Canada. Right now it's just currently B.C. (British Columbia)
and Prince Edward Island have brought forward legislation as such,
dealing with the same matter.
I would like to know, Mr. Minister, in what way does
this . . . In what areas will this bring our legal system
into uniformity, if you will, or what's your view of how this
will address judgements across Canada and the types of judgements
that it will address? Is it an overall, blankettype piece
of legislation or are we referring to specific legislation?
Hon. Mr. Nilson: I think
the answer to your question is that this legislation covers everything
except maintenance and fines. And what it does do is, clarifies
and consolidates the rules that are presently there at common
law. And I think the member from North Battleford asked about
this particular question in the same way . . . I mean
in another way, asking if there would be any disruption to the
legal profession and to the courts.
I think the answer is no, that the law is fairly
clear - this confirms it. But what it does do is it sets out common
ways of assessing when the judgements can be enforceable right
across the country. And so what we're doing here is making sure
that every province has the same rules as far as enforcement go,
so that we won't have to have our courts here wonder about a judgement
in another province, except in extremely rare circumstances.
Mr. Toth: Thank you,
Mr. Minister. If I heard you correctly, you mentioned it doesn't
affect enforcement of maintenance Acts. Maybe you could just correct
me on that.
Hon. Mr. Nilson: There's
a separate legislation called The Reciprocal Enforcement of Maintenance
Orders Act, and that covers that.
Mr. Toth: Mr. Minister,
and this is where I need a clarification as well. When you talk
about uniformity of legislation and legal practice, I guess, or
law under this legislation, a question comes to my mind - and
maybe this doesn't fall under the legislation, but you can certainly
correct me on that - is a situation that happens to have come
into my care personally.
And we've talked about it, but I just want to see
if this piece of legislation addresses the type of thing where
a custody battle began in this province. It's basically where
one of the partners has moved out of province and has now started
legal action there, and it's really created a problem. Would this
then put . . . When you're talking about uniformity
of legislation, if a custody battle starts here, does it address
it, that the custody battle . . . would there be . . .
I guess if you will, we're taking down the interprovincial trade
barriers; so that whether a case is started here and then proceeds
in Manitoba or vice versa, that there will be a correlation of
legal services, or am I off on a different track? Is this not
really addressed under this piece of legislation?
Hon. Mr. Nilson: Yes,
I think you are off on a little bit of a different track, because
this legislation applies only to judgements for payment of money
other than maintenance orders or fines. And so it's specifically
for money orders, if you can put it that way.
Mr. Toth: And I thank
you, Mr. Minister. I was gathering that's where it was going but
I just wanted to raise the matter for clarification so that down
the road . . . Because I think that there's other areas
that need to be addressed as well in how we deal with some issues
when it comes to interprovincially. And whether they can
be addressed or not, I don't know, but it's probably something
that need to be looked at at a later date in some of these questions.
And certainly when we get into the department, there'll
be an issue that I'll be talking with you about to try and find
some way of coming to an understanding of how we can correct some
of these inequities, if you will, within the system.
Mr. Minister, does your department have any idea
of how many cases or judgements this may affect in any given year?
Have you done a study that would kind of indicate, once this legislation
is passed, of how many cases may come before the department in
regards to this specific piece of legislation?
Hon. Mr. Nilson: I don't
have the exact numbers. But practically, we do have a system already
which will continue to exist until this one comes in place and
it's under The Reciprocal Enforcement of Judgments Act. So practically
we don't anticipate any great increase or decrease, but what we
do anticipate is eliminating some of the questions or concerns
that arise. And so in many ways this is a housekeeping kind of
Bill that will hopefully create a better system over the longer
term.
Mr. Toth: So this piece
of legislation then is basically addressing, say another piece
of legislation that's already in effect, and it's basically giving
a broader interpretation to the reciprocal - what was it? - house
agreement Act I think you talked about, Mr. Minister.
Hon. Mr. Nilson: I think
the answer would be that it improves as it relates to Canadian
judgements because that Reciprocal Enforcement of Judgments Act
would also apply to judgements from England or Australia or from
one of the states in the United States.
Mr. Toth: I understand
the member from the Battlefords asked how soon you expect this
piece of similar legislation to be passed in other provinces,
and I think you'd indicated that you weren't sure. You expected
in the near future . . . Have you run into any provinces
who are somewhat reluctant to bring forward this type of legislation?
(1530)
Hon. Mr. Nilson: Not
that we know of. As you can understand, when the uniform law conference
meets, there are representatives from every jurisdiction in Canada
- the federal government and 10 provinces and 2 territories. And
normally problems are identified at that level, and a Bill is
not sent forward for adoption across the country if there are
concerns that are registered by a particular jurisdiction. So
I would have to say that given the process, this is one that has
cleared everybody's concerns.
Mr. Toth: Mr. Minister,
a further question going to section 6, the time limit for registration
and enforcement. I understand you've said in the legislation a
limit of 10 years. And I'm wondering exactly how that period of
time was arrived at. Would it have been possible to look at a
shorter time period? Or what were the reasons behind this 10year
limit, and does this 10year limit just drag out a process
that leaves, let's say individuals wondering when they will see
maintenance or judgements enforced and certainly followed through
on?
Hon. Mr. Nilson: I think
if I understand your question correctly, you're asking about the
10 years and why 10 years. Practically 10 years, if the judgement
has not be collected, say you have a judgement for $50,000 against
a neighbour and he can't pay you in those 10 years, it's possible
to renew the judgement for another 10 years in the last year,
as long as you do it before the judgement expires. So it's possible
these judgements could extend for quite a period of time.
But practically, and as many people know, if you
don't collect your money from somebody fairly soon after it's
due, the chances of collecting it later decrease quite rapidly.
And in fact by the time you get a judgement, it's often quite
difficult to collect from people.
So if you wait for 10 years after you have a judgement,
I think that you're sort of waiting for the person to win a lottery
or inherit some money from a rich uncle or something. So you're
not basing it on the fact that you can collect from that person
based on their own hard work and effort.
Mr. Toth: Thank you,
Mr. Minister. Unfortunately, if I understand you correctly then,
you may take a case to a particular court to seek a judgement
in a certain area. You may receive a judgement awarded by the
court. A person, individual, may move out of province, and that's
why we're having reciprocal agreements or even this piece of legislation.
The fact is though, if the judgement's awarded and
an individual say leaves the jurisdiction, doesn't pay the judgement,
you have to within 10 years to renew the judgement, to try and
collect those funds. Just based on the comment you just made though,
a judgement could be made but you may never, ever collect on that
judgement.
And what you're saying then is there's really no
teeth in a ruling, and this legislation doesn't address, doesn't
appear to address that. Or is there anything that would address
it?
Hon. Mr. Nilson: No,
I think what I was talking about, that there are sometimes companies
that disappear, individuals who don't have any money. And so you
end up waiting a long time before you collect.
Practically there are other procedures - the sheriff's
office, sometimes abilities to garnishee money that's payable
from a third party to the person, the judgement debtor. All of
those processes are still available. But I guess what I was basically
saying is that there are situations that it is quite difficult
to collect funds.
Mr. Toth: Thank you,
Mr. Minister. I guess in . . . You agree with me or
you may not, but if a person knew beforehand maybe they would
save some money and not go after a judgement if they felt that
there was no way of it being able to be collected at the end of
the day.
But I would like to just thank you, Mr. Minister,
and your official for the time here, and certainly addressing
the questions we've raised regarding this specific piece of legislation.
Clause 1 agreed to.
Clauses 2 and 3 agreed to.
Clause 4
Hon. Mr. Nilson: I would
like to speak to an amendment, a House amendment to this. And
basically the explanation is that we need to make a House amendment
to make the French and the English versions identical.
The French version was not changed to reflect certain
minor amendments that were made in the uniform Bill to reflect
Saskatchewan practice.
So section 4, the Bill that is set out in the French
version provided that fees would be set in the regulations under
this Act. And it also required additional information materials
to be set out on a regulations under this Act.
In Saskatchewan, fees have traditionally been set
in the Queen's Bench fee regulations under The Queen's Bench Act.
So we are amending the standard Bill across Canada to recognize
that this will prevent having fees set up in a variety of Acts
rather than in the particular regulation.
So we think that we want to change this version.
And so I have a motion which I would like to read. I move that
we:
Amend Clause 4 of the French version of the printed
Bill:
(a) by striking out "réglementaires"
and substituting "requis"; and
(b) in clause (b) by striking out "règlement"
and substituting "les règles de practique et de procedure
de la Cour du Banc de la Reine".
Amendment agreed to.
Clause 4 as amended agreed to.
Clauses 5 to 10 inclusive agreed to.
Clause 11
Hon. Mr. Nilson: We have
another House amendment and the motion would be to:
Strike out Clause 11 of the French version of the
printed Bill and substitute the following:
"11 Le lieutenantgouverneur en conseil
peut, par règlement, prendre toute mesure d'application
de la présente loi, notamment des mesures concernant les
formules, qu'il estime nécessaire pour mettre en oeuvre
les buts et l'intention de la présente loi."
Amendment agreed to.
Clause 11 as amended agreed to.
Clauses 12 to 14 inclusive agreed to.
Hon. Mr. Nilson: Yes,
I'm pleased to have with me to review this legislation, Madeleine
Robertson who is a Crown solicitor in legislative services; and
Kathy HillmanWeir who is the master of titles.
Clause 1
Mr. Osika: Mr. Chairman,
through you to the minister, I'd like to welcome the minister's
officials to discuss this particular Bill No. 21. And I just have
a few comments to make at the outset with respect to this Bill
which I see as being crafted in order to create more accountability
among the players in this condominium project. And generally this
is very acceptable and I'm certainly agreeable to that. It clarifies
more specifically the duties and the obligations and responsibilities
of all the players within these projects.
The Act itself also attempts to make information
surrounding such projects more accessible. Up to this point in
time it's not been very clear in that respect. The board of directors
and the condominium bylaw amendments, I understand will now have
to be filed in a registry, which is a good move.
There are some concerns about the changes relating
to the definition of security that will now affect the various
sections of this particular Act. And these changes, these are
the changes that need to be taken into consideration, and for
the protection of the condominium buyer. So those will be some
of the issues in the various clauses that we'll be asking for
some comments on.
(1545)
The Act does not appear to address the complaints
of condominium owners who feel they are being discriminated against
during the reassessment process. That's one area that perhaps
we'll need to have some dialogue on as well. The reason being
that condominium property is classified probably in a separate
category from residential property, and will be given an assessment
value of .85 per cent. The other residential property owners are
to be assessed at .75 per cent. That slight discrepancy causes
some concerns and raises the eyebrows of folks that feel there
is some discrimination.
It is of some concern to myself and my colleagues
because many of the people living in Saskatchewan condominiums
are seniors who are in fact on fixed incomes. They have not budgeted
for any of these major reassessment increases because they did
not feel, I guess, at the time of moving into these projects,
that the government would assess them any differently than they
had been in the past with other residential property owners. The
fact is they feel now . . . they may feel now that they're
being treated unfairly under the present circumstances.
Again I have some concerns that this portion of the
reassessment process, what will cause even more headaches for
implementation of this . . . and more headaches for
the implementation of this badly bungled reassessment program.
Residential groups across the province now are beginning to organize
themselves in order to educate the general public on how to file
assessment appeals. So it tells you that there is a great deal
of uncertainty and the need for people to become better acquainted
with what direction we're going.
While it did take the government quite awhile to
acknowledge the fact that there needed to be changes made to the
agricultural property factor, those changes did in fact eventually
happen. And again, I relate that back to the difference in the
assessment of residential property versus condominiums. And this
is why the condominium owners in large part are wondering if this
government will also give them equal consideration with respect
to that kind of an assessment.
And while there are bound to be some problems with
the massive reassessment process, the government continues to
unfortunately mishandle the whole program, and that causes some
concern. It's happening right across Saskatchewan in towns, in
the country, people are trying to sort out all these changes and
the mistakes that the government has passed down with this reassessment
process. So I guess this would be the place if there are some
inadequacies or inequalities, that perhaps they might be corrected
before it is passed along to people that will be affected.
While the changes in the structure are quite complex,
the heart of the problem is laid out in this respect quite simply.
The government did not adequately anticipate or plan the reassessment
program in its entirety, and as a result the people will be the
ones that unfortunately will be paying for these mistakes.
Nevertheless I just wanted to make some opening comments
with respect to this particular Act and I would like to ask the
minister why Bill 21 in fact does not contain any reference to
the inequalities faced by condominium owners in the assessment
program. And I wonder, Mr. Minister, if you can tell me if they
can expect that the government will address this issue in the
short term or in the long term or if they will address it at all.
Hon. Mr. Nilson: Well
I think I should start off by not accepting a lot of the comments
that you've made about the way that assessment has been dealt
with. And I should say quite clearly that this particular legislation
deals with the condominium property and it doesn't deal with assessment.
And many of your comments I think are much more appropriately
dealt with by the Minister of Municipal Government when you're
raising questions with her.
What we have here is a legislation that sets out
how a condominium works. And the only thing that has even a little
bit of a connection to what you're talking about is the fact that
the condominium owners as a group, if they feel that their total
complex has been assessed inappropriately, can then appeal to
the Saskatchewan Assessment Management authority which is controlled
by the municipalities and raise questions about the total assessment
for the whole complex. And what we're doing in here is setting
out some of the rules about how decisions are made within condominium
corporations.
But it's quite far removed from the whole assessment
issue and it really isn't the issue that's being dealt with here
today. And so that practically I can make some comments I suppose
if you want me to comment, but I don't think it really assists
us in dealing with this particular legislation other than dealing
with how decisions are made within a condominium corporation.
Mr. Osika: Okay. Thank
you, Mr. Minister. The fact is though that it will affect the
people in the condominiums. And I appreciate your response that
this particular Bill does not deal with that. And I appreciate
your suggestions that I really go after the Minister of Municipal
Affairs over that issue, and I will.
My next question, Mr. Minister. I was just wondering,
there seems to have been a lot left, the meat of this Act, for
regulations. And I was wondering why it would not . . .
a lot of that meat could not be included in the legislation but
is now being left to regulations. And as you know, we have some
concern about a lot of the Bills that are being passed where we
do not have an opportunity to see what regulations will subsequently
affect how various actions take place or what restrictions are
put in force.
We don't have an opportunity to debate those regulations.
And that's been a bone of contention with members, with my colleagues
in the official opposition here, with respect to not being able
to challenge some of those regulations that are subsequently put
in place. I wonder if you'd just comment on that, please.
Hon. Mr. Nilson: Well
I think, as I set out in the speech at second reading, these changes
are made to an Act which was passed in 1993. It's only four years
ago. And what happened was there was continuing consultation with
condominium developers, condominium owners, contractors, people
who were dealing with condominium corporations, lawyers, many
others. And they all had many suggestions about problems with
that 1993 legislation.
What we did in the department -and primarily with,
I think, Madeleine riding herd on all these people - was to come
up with those ideas which made sense to a broad crosssection
of people, and that's what we've brought forward here. And so
that the amendments that we have brought here are the ones that
have substantial consensus throughout the whole part of the Saskatchewan
community that's affected by the condominium Act.
One of the reasons that we've retained some of the
things in regulation is that as the consultation continues and
as there are more solutions arrived at, it's much easier to make
the changes so that the people affected can have a solution to
their problem in a timely fashion as opposed to waiting another
five years or four years to amend the legislation. So that's why
we've done it in this particular legislation. It allows for the
continuing consultation, which I think is something that we do
well in this Department of Justice.
Mr. Osika: Thank you. And again since this particular Bill will impact or potentially impact thousands of people throughout the province, I guess, Mr. Minister, I was wondering if in fact you would not agree that perhaps instead of regulations that the structure should be more laid out in the Act so that it can be more properly scrutinized, rather than subsequently add and delete. Would you not agree that it perhaps should be better laid out within the Act so people can really see what's going to be affecting them?
Hon. Mr. Nilson: Well
I think that the legislation as it is set out in '93 really provided
some better ways of doing things. And what we're doing now is
making those amendments that will affect the major parts of the
legislation so that it responds to the needs that have been identified
in the community. And we have some areas where continual discussion
will go on about the regulations.
But I think it's also quite clear we're not changing
regulations every week. I mean it might be once every six months
or two years or, you know, depending on the situation. And that's
all done in a way that people in this particular industry and
condominium owners are kept well aware of it because we want to
provide stability in this particular way that people have increasingly
decided to live.
Mr. Osika: But, Mr. Minister,
how can you believe that the objectives of openness and accountability
of government can be achieved by leaving so many of the applications
of the legislation to be prescribed in regulations which come
after the fact?
Hon. Mr. Nilson: Well
I guess we just have a disagreement on the word, "so many."
We don't think there are that many that are left to regulation.
The basic rules are all set out; the framework of how condominiums
work is all set out. The various formats . . . what
we're doing here is providing the register and other things which
will make it much more consumer friendly, if I can put it that
way. The people can have better access to it.
But there are some places where we recognize that
as the industry changes as the needs of people change, we will
have to make some adjustments rather than trying to, I guess,
fix something at a certain point right now with a certain rule
in the legislation which we will then be wanting to come back
next year to say well, we have to fix it. We're saying let's leave
that part in the regulations so we can deal with it as it progresses.
Mr. Osika: I guess I
should apologize for saying so many regulations, not knowing how
many will be in place.
But again I go back to our bone of contention that
it's often regulations that come subsequent to the Bill being
proclaimed that we have no opportunity to debate nor do the people
who are affected by have an opportunity to express their concerns
and/or views on certain regulations that now they have to be guided
by.
The next question I have for you is what changes
in the present day developers' practices prompted the proposed
change that the definition of a declaration is no longer approximate
area of each unit. Was that part of the developers' practices
that prompted that change?
Hon. Mr. Nilson: I think
the answer to your question is that this doesn't really relate
to the developers so much as it does to the surveyors and the
method of actually setting out the plans through the chief surveyor's
office.
Mr. Osika: Mr. Minister,
can you tell me if the changes . . . the amendment proposed
within clause 5 is simply meant to update the terminology of this
Act with current day surveying terms.
Hon. Mr. Nilson: Yes,
I think that's exactly what it does. It reflects more accurately
the existing survey practice and how the plans are processed at
the Land Titles Office. So it's to clarify the practice.
Mr. Osika: Thank you.
Could you explain to me what exactly is meant in the last part
of that clause 5 where it states:
"(d) illustrate common property and indicate
in the prescribed manner any prescribed common facilities".
Hon. Mr. Nilson: Well,
I think the idea there is, once again, to provide more information
to the purchasers or to others who are interested in the plan.
And so that it may be possible, for example, in common facilities
to describe the landscaping or some other facility right on the
plan. So if you buy a particular unit, you might get a plan that
just describes your unit, but then it may also be able to include
a description of some of the other things that you're getting
right on that plan.
Mr. Osika: Thank you.
Will that - again I'll go back to regulations - will this be affected
by regulations, that particular part, as far as common property,
common facilities or common property?
Hon. Mr. Nilson: Well,
I think the regulation is referred to when it talks about the
prescribed manner. Any time you see the word "prescribed"
that means there might be a rule that sets out how to do it. For
example, if you had a plan that's an eight and a half by eleven
sheet of paper, you might want to attach to it four or five pages
that describe the common property and the characteristics of that
common property. So, therefore, the prescribed way of doing it
would be to attach a document that provides a better explanation
that shows on the face of the plan.
(1600)
Mr. Osika: Thank you.
Mr. Minister, according to the explanatory notes provided for
clause 6, the amendment will allow appropriate municipal officials
to approve straightforward condominium plans. Now I understand
that this amendment will allow municipal councils to cut back
on some of the red tape for condominium developments.
Now when this particular section is in fact applied,
some projects can be fasttracked while others will be put
on hold until the entire municipal council can scrutinize the
proposal. I just wondered if the minister foresees any problems
arising among competing developers because of this change?
Hon. Mr. Nilson: I think
the practical effect of that change will be that if there are
no concerns in the neighbourhood, that it will just proceed as
a regular administrative act. But if there are concerns related
to the particular building or to where it's built, or there are
neighbours who object, well then that would go to that full procedure
that you talk about.
But it's to provide the ability where there's no
controversy to have a matter go fairly quickly, but where there's
controversy, it provides for the people in the community to have
their say.
Mr. Osika: Thank you.
That same clause no. 6 would also allow some developers to proceed
with the minister's approval even if the security or bond requirement
has been waived for a project. I just wondered if the minister
could please explain in what circumstances a bond or some type
of security for a project might be waived.
Hon. Mr. Nilson: Okay,
I think that what this does is that it comes directly out of the
condominium contractors' and developers' present practice. Sometimes
they would have already finished the building before they come
forward to register their plan. So at that point it really doesn't
make much sense for them to provide security because the building's
already there.
Mr. Osika: Okay, thank
you. Here we go back to regulations again. And again, like I said,
it's a bit of a sore spot with us over on this side. And I'm just
wondering why, Mr. Minister, you might have left the types of
acceptable security left to regulations instead of outlining them
in the Act.
Hon. Mr. Nilson: I think
this is set out in this way to make sure that we're able to respond
through the land titles system to commercial practice as it changes.
And if we had some rule in there that held up the ability of contractors
to get funding to build new projects, well that wouldn't make
any sense either. So what we're trying to do here is maintain
that flexibility in this very narrow area to respond to the needs
of developers.
Mr. Osika: Mr. Minister,
would you not be concerned then that perhaps the types of security
needed for approval of a project may become too broad?
Hon. Mr. Nilson: No,
I wouldn't be concerned about that. I think the main person concerned
about the security is the lender. And we know that most of the
lending institutions have many more rules than whatever rules
we're going to create before they lend their money.
Mr. Osika: I wonder,
Mr. Minister, could you just give me some examples of other types
of securities, other than the letter or the bond, that might be
deemed sufficient security?
Hon. Mr. Nilson: Right
now, the only security we're accepting is the bond. But we are
reviewing the possibility of whether we could accept letters of
credit.
Mr. Osika: So I take
it those are the only two at the present time that are acceptable.
In clause no. 7, that appears to tighten up the legislation regarding information the developers must provide to condominium corporations about any future projects. Did this section cause many condominium corporation problems under the old Act? Did you get a lot of complaints from developers, Mr. Minister, who were not providing the corporations with enough information?
Hon. Mr. Nilson: I don't
think there's been complaints from the developers of the condominium
corporations, but where the questions arise is when the new condominium
board is set up of the owners of the condominium. They often appreciate
having the full history of the corporation available when they're
trying to make decisions.
It also relates to the fact that sometimes condominium
corporations are phased developments and there may be necessity
of having information about what the future plans are as it relates
to that particular development. Like you might be part of one
area of the development and then there's other areas coming, including
a golf course or a swimming pool or something like that and you
need to have all of that information in a consistent way.
But the main point in this is providing consistency
of information. And practically, I would say most of the time
it's done already, but we're just having it set out clearly in
the rules.
Mr. Osika: That particular
section in clause 8, because it deals with projects that are being
developed in phases, some parts of the complex will not be totally
completed when the first clients buy their units. Mr. Minister,
do you not believe that proper security should be the utmost attention
for these developments, so if the developer does experience setbacks,
the people who have already purchased the units are not left high
and dry?
Hon. Mr. Nilson: We've
always had security for completion of projects and that will continue
to be a rule that we will keep. So there's . . . that's
one of the most important factors and the reasons why you have
security is to make sure that the projects are completed. So that's
always been the rule and that's the rule we're going to keep.
Mr. Osika: The clause
no. 10, that amendment refers to rules surrounding the transfer
of a condominium project from one developer to another. Mr. Minister,
can you tell me if this type of a transfer is quite common? Is
that the sort of thing that goes on quite a bit? Is it quite a
common practice?
Hon. Mr. Nilson: This
is a very uncommon practice but we wanted to make sure we had
a rule in there to cover it in case it did arise. But it's very
uncommon that this would happen. So it's a protection and a provision
that will, you know, deal with any problem that may show up.
Mr. Kowalsky: Mr. Chairman,
I move that we report progress on Bill No. 21.
The Chair: Before putting
the question on reporting progress, the Chair requires the minister
to move, I invite the minister now to move item no. 3, Bill No.
23 with amendment.
Hon. Mr. Nilson: Mr.
Chair, I move that the committee report the Bill No. 23, The Enforcement
of Canadian Judgments Act with amendment.
The committee agreed to report the Bill as amended.
Hon. Mr. Nilson: Mr.
Speaker, I move that the amendments be now read the first and
second time.
Motion agreed to.
Hon. Mr. Nilson: Mr.
Speaker, by leave of the Assembly, I move that Bill No. 23 be
now read the third time and passed under its title.
Leave granted.
Motion agreed to, the Bill read a third time and
passed under its title.
The committee reported progress on Bill No. 21.
(1615)
The Chair: I would ask
the minister to introduce his officials please.
Hon. Mr. Serby: Well
thank you very much, Mr. Chairman. Seated to my left is the president
of the corporation, John Law. Over on my far right is Mr. Garth
Rusconi, who is the vicepresident of accommodations; seated
next to him is Mr. Al Moffat, who is the vicepresident of
commercial services; Deb Koshman, seated directly behind Mr. Law,
is the vicepresident of finance and corporate services;
and directly behind me is Mr. Rob Isbister, who is the financial
planning, finance and corporate services; and I'm Clay Serby,
responsible for Property Management, Mr. Chair.
Item 1
Mr. Osika: - Thank you,
Mr. Chairman. I want to welcome the hon. minister and his officials.
My name is the member from Melville.
Some Hon. Members: Hear,
hear!
Mr. Osika: My colleague
from Thunder Creek has allowed me an opportunity to just ask you
a couple of questions . . .
An Hon. Member: Thunder
Creek.
Mr. Osika: Thunder Creek?
Sorry I mispronounced it.
A couple of questions this afternoon and questions
that have been burning that I've been trying to get answers to
for some time since it affects the community of Melville, and
that's with respect to the court facilities. And I wonder if you
could be kind enough and share with me the amount of money being
paid in rent for the Saskatchewan Environment and Resource Management
offices presently at Melville, at 117 3rd Avenue West.
Hon. Mr. Serby: Well
thank you very much, the member from Melville, for the question.
I want to indicate first to the member from Melville that we have
been working very closely with your mayor and a number of people
in your constituency about the relocation of SERM (Saskatchewan
Environment and Resource Management) to their new office space,
which will be in the courthouse of course, as you well know.
It is the policy of course not to disclose the amount
of what the lease value of any of the properties are around the
province. And the reason for that of course, as you well know,
is it's an industry standard; it's an arrangement that we've had
with the industry for many, many years. And of course that kind
of information is viewed as being protected information. As a
result of that, I'm not able to disclose that to you at . . .
Mr. Osika: Thank you,
Mr. Minister. That comes as a surprise. At some point I thought
I had seen a list of costs of property and rentals being paid
for various government facilities used by government agencies;
perhaps it was for something else.
If that information is not available, I wonder if
you might be able to share with me the cost or the total amount
that's been budgeted for renovations of facilities that SERM will
now be occupying in the near future?
Hon. Mr. Serby: The work
that would need to be done on that particular location or that
piece of property would be, of course, tendered through an RFP
(request for proposal). That process yet has not been completed,
but when we have that information in terms of what those costs
for the renovations of that space will be then we can provide
that to the member. We just don't have that information currently
because the RFP yet hasn't been issued on the work that needs
to be done.
Mr. Osika: Thank you,
Mr. Minister. Going back to the leasing and rental payments for
various buildings. Again, could you clarify for me, is that not
come under SPMC (Saskatchewan Property Management Corporation),
with the amounts of costs for buildings that are leased directly
by SPMC? Not necessarily what the rent payments are by any particular
agency, but the lease payments?
Hon. Mr. Serby: The value
of the cost of a particular department, being in a property that's
owned either by the government or whether or not it's property
that's leased by SPMC on behalf of a particular department. And
that responsibility of course, as you rightly say, is that of
SPMC.
The value of a lease that is currently occupied,
that is leased, we would not be able to disclose, as I've indicated
earlier to the member, on the basis that of course it is the industry
standard. Because we go to the marketplace of . . .
by an RFP. That in their opinion would be . . . that
type of a disclosure of course would be a hindrance to the future
in terms of leasing processes.
The issue as it relates to a particular department
having space within . . . and a governmentowned
property, we would in fact I think be able to provide that kind
of detail out of the individual department's budget that they
would set aside for the use of that particular space.
Mr. Osika: Thank you.
Is there any time that those numbers and those dollar amounts
are in fact released?
I go back to still having a recollection of seeing
a list of properties and buildings that were the responsibility
of SPMC and the dollar amounts by individual properties and then
the bottom line as to the total amount of taxpayers' money that
goes for paying for rented properties to house agencies or carry
out various provincial department activities.
Hon. Mr. Serby: To each
of the departments of course - the member is correct - we would
show what the . . . so the global amounts that each
of the departments would in fact be budgeting or the payees that
would be paying the Saskatchewan Property Management on each of
those properties that they would have access to or occupancy to.
So we are disclosing that. And they would appear
of course in the space allocation, or in the accommodation side
of each of the departments who are utilizing the space in which
we're providing for them.
Mr. Osika: Thank you.
Mr. Minister, one final question that I have with respect to the
operation in Melville, I wondered if you could tell me if you
have any idea what the government currently budgets for to hold
provincial police court in Melville?
Hon. Mr. Serby: Currently
that particular cost would be included in the Department of Justice's
space allocation requirements as they currently occupy the Provincial
Court. That of course will change once new facilities are located
for the Provincial Court in Melville. And would expect that that
cost will be significantly less because they'll be using less
space on less occasion.
As you well know, I think that court will only be
used six days per month, and so that's currently what Saskatchewan
Property Management is looking for. We expect that that will be
somewhere in the neighbourhood of 50 to $100 per day for each
of those days that Provincial Court would sit in the city of Melville.
Mr. Osika: Thank you.
I still go back to having to ask you the question about specific
locations and costs. When you answered you indicated that in a
global sense there would be a dollar amount for a figure that
would tell us how much the government was paying for rented property,
and not by specific locations.
Again I seem to recall a document that specified
particular buildings within various locations that were leased
by the government. And those figures should be public. I don't
understand why they would not be, given that it is taxpayers'
money that's paying for them.
(1630)
Hon. Mr. Serby: Well
what we have in lease accommodations throughout the province,
Mr. Member, is that we have about 39.5 million is what we would
pay out in lease payments. I think we've provided in our annual
report, in the supplementary annual report, what we do list there
is all of the payees across the province on a individual basis,
of what those are. So if the member were to look at his annual
report, what they would find there is the costs on each of the
individual properties across the province.
Mr. McPherson: Thank
you, Mr. Chair. Mr. Minister, I think what the member from Melville
is referring to . . . and I've seen these documents
myself, and in fact it was Crop Insurance offices throughout the
province, where in fact we used to get the description, the legal
description, what facility, the costs of rent, costs of renovations
- it was all broken down.
And perhaps that was with the previous administration.
And if you don't do it now, then that tells me there was a policy
change. I'd like to know when you changed the policy, why it is
we can't have access to that information now when it used to be
made readily available?
Hon. Mr. Serby: On individual
projects, the member is right. Where we've in fact tendered a
particular project, what we would be showing is what those tender
costs would be on an individual project. But the member's not
correct when he says that in fact lease space has been disclosed
for a . . . that there's been a policy change in terms
of our lease policy because that's really not true.
I have here a note that says that the Saskatchewan
government has for 20 years now, and better, honoured the real
estate industry's request that rental rates for individual leased
buildings are kept strictly confidential. So this isn't the change
in the policy; this policy's been around for at least the 20 years
that we talk about and there hasn't been any change in that particular
process at all.
Mr. McPherson: Mr. Minister,
perhaps what's happened then is that in Crown Corporations meetings
this came through, I guess through the Saskatchewan Crop Insurance,
but actually those buildings are leased through SPMC. So why then
do we have to play that game where you're showing, if we actually
know who owns the buildings, we can sort of match things up? I
mean really anyone that wants to know that information, I guess
is what you're saying, can find it out. Right? So why won't you
just make it a public record? A lot of these are longterm
contracts anyways. Are you actually going to be affecting anyone's
lease or any sites that may come available? Because these contracts,
you're not breaking them, are you?
Hon. Mr. Serby: I think
what's important here is that, I need to advise the member that
- and I want to just go back to the position that I'd made earlier
- and that is that it really is the process of due diligence that
we're wanting to ensure that we protect here with the industry.
And it's, as I've said earlier on a couple of occasions to both
you and the member from Melville, that it's really the industry
that's asked that we protect the old process of the pure RFP.
And in fact what we want to be clear on here is that
when we are looking for property, or leasing property across the
province, that you want to continue to ensure the competitive
process and that the competitive process remains in place. And
as a result of that we haven't been in the position, as I've said,
for the past 20 years, to disclose what those individual leased
rates are.
Mr. McPherson: Mr. Minister,
the problem that we're going to have . . . Let me give
you an example - Crop Insurance offices. Your colleague, the Minister
of Agriculture and Food and the minister in charge of Crop Insurance,
went around the province last year closing Crop Insurance offices.
And other ministers are busy closing other things down in rural
Saskatchewan and we're trying to get some idea as to what's happening
with these leases. Many of them were longterm leases.
Did the Saskatchewan taxpayers have a lot of money
invested in renovating some of these buildings which really weren't
theirs? We've heard numbers as high as 90,000, $100,000 for renovations,
I mean. So to get some idea where we're at, what the public have
invested in some of these facilities, we'd have to know exactly
which ones we're talking about - see the list of, you know, who
has the longterm leases, where they are, what they're being
used for. And maybe it would make perfect sense.
We're not asking that, you know, you have to put
it in the local paper, but we would like to know, I think, for
the good of the public, what it is you're doing with some of these
leases because I don't . . . You know SPMC, as many
know, has been often a very political group, I guess, from the
minister on down. And we would want to just to have some assurance
that, you know, some of this isn't happening today; that there
isn't patronage or in fact leases given out, as they were under
the Devine years, to friends. And the only way you're going to
clear this up is to give us this kind of information.
Hon. Mr. Serby: Well
I think it's fair to state to the member opposite . . .
and of course he has a fair deal of familiarity with the way in
which the process prior to 1991 transpired in the province of
Saskatchewan in terms of leasing properties. And it's . . .
and ownership of some of the properties.
And as the member well knows, that we have a great
many properties around the province today that were leased for
long periods of time, of which currently the Saskatchewan taxpayer
still has an investment in and is still working at retiring. And
in many of those . . . in some of those instances we
have properties that aren't being fully utilized or utilized at
all, as the member knows.
The member is also correct in stating that over the
last couple of years of course what's happened in Saskatchewan
is that through the rightsizing process, Saskatchewan Property
Management has been looking at ensuring that we try to match the
particular department with the space that we have available across
the province, and are moving towards reducing the number of, particularly
leased properties that we have some of our departments, organizations
and services in. In fact since 1991 we've reduced the number of
leased properties in the province by, I believe it's 120, and
there's been a saving of somewhere in the neighbourhood of about
$4 million.
So what's happening of course, is that the government
is starting to use, or beginning to examine in a very broad fashion,
all of the properties that we want to make available for the services
that we have within government. And we're attempting to achieve
that, of course, over the long run.
I think it's fair also for the member to say that
over the course of the years, Saskatchewan Property Management
has had a bit of a taint which none of us are very happy with
and certainly had hoped that we might have been able to change
that over the decade of the '80s.
This year, as you well know, we . . . or
the last year and a half, we've been going through a very detailed
review of Saskatchewan Property Management, and when you take
a look at the organization that we have today versus the organization
that you had, for example, in 1991, you'll see a reduced administrative
structure within the corporation. You're seeing a streamlining
of the kinds of departments that are currently involved in providing
three really broad major services; and are reduced and have reduced
in this corporation significantly not only the manpower, but have
examined how we might in fact provide a broader menu of services
to the people who are in the province. And clearly, I think when
you look at the number of employees that were involved with the
department, for example, in 1991 I think were just over 1,100.
Today within the corporation, we have just under 900 employees
within the corporation.
In the last series of work that the corporation has
undergone, we've been able to reduce further through a . . .
we have a threestage process that we're working at achieving
over the next three years. In the last process, we've been able
to reduce the number of people within the organization by about
60, which were positions that haven't been filled over the years,
and through that process have only had to see two people find
different kinds of opportunities.
So as the member points out, over the last number
of years we have seen, I think, some abuse -if I might use that
word a bit loosely - I think within the corporation, particularly
through the decade of the '80s. But we've changed that process
significantly within the corporation, making it much more responsible,
making it much more accountable to the government, also to the
departments in which we serve, and are seeing a much better broadbased
delivery out there, we suggest, in terms of supporting the departments
and the organizations that we provide service to today.
Mr. McPherson: Mr. Minister,
so I guess what you're saying, you refuse to give us the full
list of your contracts and the buildings and such for the province.
But you had mentioned that due to your rightsizing- you just got
to love that term - due to the rightsizing rural Saskatchewan,
there are a number of facilities that I guess were leased under
the Devine government; you have to carry on that lease, longterm
leases, but you're not utilizing the facilities.
So I can only assume that those contracts will be
never be renewed anyways. Could you give us a list of those contracts,
facilities, where located, what they were being used for? There's
no reason why we can't have that list, Mr. Minister, because it's
not going to affect anyone in the future.
Hon. Mr. Serby: There's
certainly no problem providing all of the properties that we have
across the province that are currently not being utilized in each
of the constituencies that we have those properties in, and we
can provide that list for the member as soon as we can, and I
would expect in the very immediate future.
I guess the earlier question that the member asks
is that we can certainly provide renovation budgets for individual
construction projects. They're disclosed. Every time that we do
a renovation project around the province, we do an RFP. That information
is public, and the member opposite and anyone who wishes that
kind of information, we can provide that.
And we can also provide the individual payee list,
as is already indicated in the addendum to the annual report.
That's there as well for the members, so that you can see the
kinds of dollars that we're paying out right now on property leases
and rentals.
Mr. McPherson: All right,
Mr. Minister. Also, each and every year there was a set of global
questions to which there were global answers, and have you prepared
that yet? I mean I don't have a copy, but then I'm not the critic.
And I was wondering if you have prepared it and sent it across.
I raise it for this reason: by doing the global answers,
you'd cut back on a lot of the questioning as we're doing here
this afternoon. And if you had it, it would answer a lot of the
things about what SPMC is doing with government vehicles, computers
- where you're purchasing them, from whom, for how much, things
on tendering, employees. So I mean we'd have to wait for that
before we can really go further.
(1645)
Hon. Mr. Serby: Let's
see, I just want to respond to the member by indicating to the
member that we're about a week or a week and a half away from
completing all of the work that we needed to do on our year end.
And I think last year when we were here, we provided the kind
of information that the member was asking for. We don't have all
of that information in detail yet at this particular point in
time.
I think the other issue that's important to mention here is that in other years that detail was requested in advance by the critics that were asking the questions as . . . by the members asking the questions of each . . . of the portfolio. We hadn't had that request this year, however.
Mr. McPherson: Mr. Minister,
thank you. I guess in a week and a half, then we'll have to finish
up on some of those questions.
Mr. Minister, SPMC . . . You deal with
a lot of computers. I'm sure you're buying and taking the used
or the older ones out of commission all the time. Can you tell
us what you do with the old computer equipment?
Hon. Mr. Serby: Well
see, as the member probably is aware, that what we have is . . .
our surplus policy is that we make all our surplus supplies, whether
it's computers or whether it's desks or furniture, whatever it
is that we have, we make that available through a public auction
as you're aware, through a salvage and sales department within
the corporation.
I think specific to the question as it relates to
computers, I think you're aware that we have the computer for
kids program which is operated really in conjunction with the
SaskTel Pioneers. And what they do, of course, is they get this
equipment and they provide some repair to it and maintenance to
it; and as a result of that, then some of that then makes its
way into some of the school system. Of course the Department of
Education then picks up some of those costs as it relates to those
particular computers.
Mr. Aldridge: Thank you,
Mr. Chair, and welcome to the officials here this afternoon. On
the topic of disposal of supplies that SPMC is charged with the
responsibility of, would you be able to tell us how many government
entities, government agencies, your organization would be responsible
for disposing of these supplies on behalf of?
Hon. Mr. Serby: We don't
have exactly the number that we might be looking for but we think
it's somewhere in the neighbourhood of about 70, because we would
provide that service to all of the departments of executive government.
We would provide it for some of the commercial Crowns. There are
some public agencies that would also be using our services. So
it would be the same number of groups that we would have under
our purchasing policy. It would be the identical number. And we
think it's somewhere in the neighbourhood of about 70, but we
can provide that for you in more detail.
Mr. Aldridge: Mr. Minister,
we would appreciate that, if we could get a copy of a listing,
per se, of these various agencies that you act on behalf
of in terms of disposing of supplies.
Also, I understand, as these supplies are returned
to SPMC for eventual disposal, there should be a process in place
whereby which you, as an organization, should be able to know
that they are in fact surplus supplies, that they should be disposed
of. I worry, because I saw concerns expressed by the Provincial
Auditor in years gone by where, perhaps, there hasn't been the
proper approval process followed in terms of . . . from
the various agencies to SPMC, giving you authority to dispose
of surplus supplies. I'm wondering if you're anticipating those
sorts of problems in this next fiscal year?
I know, given that I saw a figure for the '9596
fiscal year where your department, I believe, disposed of something
like close to $7 million worth of surplus supplies, it would . . .
that's a fair number of dollars worth of supplies to be charged
with the responsibility for disposal of. And I'm curious whether
there's a good portion of that that might be going up on the block
without really any proper approval.
Hon. Mr. Serby: I think
what's important to realize here is of course that Saskatchewan
Property Management of course has within its purview some assets.
And on those assets we would make the decisions ourselves as to
what the productive life of a particular commodity that we might
have would be, whether it's a piece of furniture or whether in
fact it might be highway vehicles that department employees are
using. But more important though is that each of the individual
departments of course, would be the ones who would be making the
decision as to whether or not a particular piece of equipment
still has a value.
I think the member might remember probably one of
the largest pieces of work that we've done in the last year and
a half has been some of the equipment that is moved from the Department
of Highways, and we of course looked after that major sale which
was about a year ago or so. And the decision about the life of
the equipment that was sold off was really . . . that
determination was made by the Department of Highways and then
what Saskatchewan Property Management did is accommodated that
particular sale.
Mr. Aldridge: Well if
I understand correctly though, Mr. Minister, I think it's a requirement
of all of these various agencies that would, let's say, borrow
supplies from SPMC, that they designate a person or perhaps persons
as being responsible to advise SPMC that in fact these are surplus
goods that should be disposed of. So if there's a requirement
on their part, isn't there a reciprocal requirement on the part
of the SPMC division that they know that these goods should be
properly disposed of at that point in time?
I guess what I'm getting at is you're mentioning
there's something like 70 agencies here and that you will be providing
a list of those. And I should suspect we could get a list of 70someodd
names as well, of people that would be authorized from these various
government agencies as far as being able to be authorized to dispose
. . . or give you authorization to dispose of these
properties.
Hon. Mr. Serby: I think
the member is correct. The information that was cited, I think
in the last Report of the Provincial Auditor, indicates
that what was lacking from some of the work that we were providing
is that we needed to list an individual. As you've rightly pointed
out, that should be included as it provides the authorization
to the particular good or supply that in fact we're going to be
disposing of on their behalf.
There's also included in that of course now, is the
transfer document that would be arriving with the particular commodity
that we would be looking after disposing on their behalf, to ensure
that in fact that work then is being done in a fashion that it's
accountable for and the proper individuals are really signing
that off. So that process has now been accommodated, as the member
has asked.
Mr. Aldridge: Thank you,
Mr. Minister. But I didn't hear in your reply there that there
actually exists a list of the individuals that are so designated.
And would you just be able to advise us if that list exists and
if we could have access to that list as well as the group of agencies
that you've described for us this afternoon.
Hon. Mr. Serby: What
we'll do, Mr. Chair, to the member, is that when we provide you
with the list of the agencies that we're doing work for we'll
also provide you then with those individuals that are authorized
as well to sign off on the supplies in which . . . the
goods that we're in fact responsible then to manage.
Mr. Aldridge: And if
I could just have one final clarification. When this list does
arrive, it will contain the sum total of government agencies for
which you do provide these services, because I know there was
a little bit of conjecture here this afternoon as to what were
the total numbers of agencies that you do the services for. Will
it be in fact the complete list?
Hon. Mr. Serby: We'll
provide you with a complete list as you've requested.
Mr. Toth: Mr. Chairman,
if you will, I'd like to at least get one question in before the
Government House takes over. Mr. Minister, you made a comment
earlier regarding a question on . . . a response to
global questions. And I believe our caucus has sent a request
for . . . with a global set of questions to your office
and I just want a clarification.
I think you had indicated that no questions had come
to your department. And I know that the area that I'm responsible
for, we sent a number of questions off before and I'm sure my
fellow colleague would have sent a series of global questions
to your office.
I'd like to know if you've received those; if you
haven't, we'll certainly double check on it. But if you have received
it, when do you expect to have the responses to us?
Hon. Mr. Serby: If that
information was circulated to us it might have been part of the
Crown circulation that your caucus had sent over. We'll just review
our information to see whether or not yours has been received
or not, and if it has, certainly we'll provide all of that detail,
as you've asked, at our year end.
Mr. Kowalsky: Mr. Chair,
I move we report progress.
The committee recessed until 7 p.m.