House of Assembly
Newfoundland and Labrador

Oral Questions  
May 26, 2008

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MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, earlier today the Minister of Natural Resources held a press conference on the Lower Churchill. During that press conference she indicated that the provincial government is considering suing both the federal government and the Quebec government for redress on the Upper Churchill.

I ask the Premier today: When did government first decide that it would consider this action?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The Leader of the Opposition is correct. Earlier today I held a press conference with Ed Martin, the President and CEO of Newfoundland and Labrador Hydro and of our energy corporation and during the course of the news conference I was asked a question with regard to the Innu Nation and the fact that they are looking for redress from the Upper Churchill. Basically, Mr. Speaker, what I said, in a nutshell, was that if the Innu want redress for the Upper Churchill then we, as a government, have to consider who received the bulk of the benefit from the Upper Churchill, which is clearly the Province of Quebec and the federal government. We are trying to understand, as a government, if there is an action to seek redress for the Innu Nation through the parties who have benefited the most and received the lion’s share from this project.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Last week in the House of Assembly, I questioned both the minister and the Premier on this very issue regarding the Lower Churchill.

I ask the Premier again today: When did you start to consider these actions on suing both the federal and provincial government, how long has it been ongoing, and why there was no disclosure last week?

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

SOME HON. MEMBERS: Hear, hear!

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

Last week when the issue was raised about the Innu seeking redress for the Upper Churchill, it was an issue that we decided to look at because, obviously, as pointed out by my colleague, in determining whether or not redress is appropriate, one must look at the profits.

Mr. Speaker, perhaps it will come as a surprise to no one that in 2006, up to 2006, the Quebec Government had a profit of $19 billion from the Upper Churchill while the Province of Newfoundland and Labrador has received $1 billion. It was on this basis, Mr. Speaker, that we determined to look at this issue to determine if there is viability to the claim of the Innu and then to look specifically at the federal government and Quebec.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I ask the minister where the figures came from that he just disclosed in the House, and if he could provide us the documentation of it?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.


I would obviously have no problem providing the Leader of the Opposition with a copy of the energy plan, which is very comprehensive and which contains the figures outlined just then by myself.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Just a couple of details, Mr. Speaker.

The minister indicates that the Department of Justice was doing this review.

I ask the minister: How many lawyers, I guess, within the Department of Justice are working on this court challenge and if government has hired or retained external lawyers as well to do this work, or will be doing so in the future?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.


I can inform the Leader of the Opposition that currently, right now, the only person looking at this is the deputy minister, who is one of the - if not the top civil litigator in our department. We are looking at - and again, I must emphasize, Mr. Speaker, that one has to distinguish between the issue of the Innu seeking redress and the Province seeking redress for the Upper Churchill. There has never been redress made for the Upper Churchill.

Mr. Speaker, if there was a thorn that sticks in the Newfoundland and Labrador psyche, than I would suggest to you that the Upper Churchill is that thorn. It is the biggest inequity that has taken place, and if there is anyway of ever redressing the harm that has been done to this Province, Mr. Speaker, then as a government we owe it to the people of Newfoundland and Labrador to do that and we will do that.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, the minister will know of course, in any legal process that is followed, before you bring a case to court it involves giving notice to the parties involved.

I ask if the provincial government, through his department or any other department, have given notice to the federal government or the Quebec government that there could be a lawsuit pending?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I say to the Leader of the Opposition, that before one gets to the point of giving notice in a legal claim, you have to determine if a legal action exists. At this point, the Innu Nation has raised an issue which we have undertaken to determine if there is a viability or validity to that issue. The Innu Nation is seeking redress for the Upper Churchill from the provincial government.

As stated by my colleague, the Minister of Natural Resources, the redress being sought should be proportionate to the profits, and the profits, Mr. Speaker, as outlined earlier, are $19 billion for Quebec, $1 billion for the Province of Newfoundland and Labrador, and that inequity speaks for itself.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It is typical in any questions that you ask in this House, you get two different responses from ministers.

This morning the Minister of Natural Resources said in a press conference that government was looking at, as one of their options, suing the federal government and the Quebec government. The Minister of Justice is now telling me that he is not sure if a legal claim even exists here. So first of all, I say to government, clarify your response please, in terms of what your course of action is here.

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

The Leader of the Opposition will say there are two answers given for every question. Well there are usually two questions or three questions in every question put forward, so I will try to deal with what I take it to be the question.

We have not determined - the Province has not determined that there is an action for redress, that the Innu Nation has an action for redress against anyone. They came to the Province seeking redress. However, again, I must distinguish between a claim by the Innu for redress and a claim for the Province for redress. If there is to be an action in this case, Mr. Speaker, it would have to be by the Innu Nation of Labrador.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Again, Mr. Speaker, in the minister’s response this morning this had nothing to do with the Innu Nation. The Innu Nation is seeking redress from the provincial government who was the chief negotiators on that contract.

So, I say to the minister: Which is it, is the redress on the Upper Churchill and the lawsuits to the federal government and the Quebec government being pursued in the interest of the Innu Nation or in the interest of the provincial government?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

It is my understanding, from discussions with my colleague, that today there was a discussion of the Innu Nation seeking redress. They came to the Premier –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. KENNEDY: - seeking redress for the Innu Nation.

We are dealing with that; however, I can say, in relation to the hon. member’s question, one of the issues that brought me into politics was the terrible inequity that exists in the Upper Churchill. If there is ever any way that we can rectify the problems, we will certainly do it.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. KENNEDY: Because the members opposite, in the number of years they were in government –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. KENNEDY: - I do not see any actions by the Liberal government, under Premier Wells to Premier Grimes, having taken any steps to rectify that intolerable situation.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Maybe the minister can tell me when the Innu Nation approached you to look at a possible lawsuit against the federal government, or the Quebec government, in terms of them getting redress on this project. Because my understanding is that the Innu is looking from redress from your government.

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Perhaps I am not making myself clear, perhaps my colleague did not make herself clear, but it is quite simple. The Innu Nation said that they would like to have redress from the provincial government before they will continue negotiations on the Lower Churchill. They were talking about the Upper Churchill. In order for the Province to determine whether or not there is any validity to that claim, we have to look at the issue of Innu redress.

Again, I come back to the basics, Mr. Speaker. If there is to be redress, one must look at those who have reaped most of the profits. In this case it is clearly the Province of Quebec and certainly the federal government, because these figures do not take into account that there would have been less equalization paid to Quebec by the federal government. So both the federal government and Quebec should be the primary targets of any action if one exists.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I would just like to ask the minister how much profit Quebec Hydro would have earned on the Lower Churchill project in 2007, knowing that 12 per cent of the capacity they sell in power comes from the Lower Churchill Project, knowing their total profit for the whole year was $2.9 billion - the Upper Churchill. Maybe he can tell me what the actual number was in terms of dollar value on profit on the Upper Churchill last year for Hydro-Quebec.

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

I do not have those numbers with me immediately but I can certainly provide them to the Leader of the Opposition - and happy to do so.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, we already know in our history in this Province there have been two court challenges on the Upper Churchill. If the minister claims it came to politics all over this issue, he will know all the history about it as well. Both of those claims were dismissed: once under the recall provisions, and the other under the cancellation of water rights.

I ask the Premier today, Mr. Speaker: What part of the contract will be used by your government in any potential court challenge this time that was not used in previous challenges that were dismissed in the courts?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

First, I have not said there is any court challenge pending in relation to the Upper Churchill. What I have said is that we are dealing with here today, as did my hon. colleague, with the issue of redress for the Innu for the Upper Churchill.

Since the Liberal Leader seems to be steeped in history here today, one would look back to around 1967-1969 and look at whether or not the federal government and Quebec consulted the Innu or any other Aboriginal rights. Because it is my understanding, Mr. Speaker, and I could be wrong on this, that Aboriginal rights are not extinguished but there are no time limitations, and so the Innu are certainly within their rights to seek redress on the Upper Churchill. What we are trying to determine, Mr. Speaker: Is there a legal action which would call into play any responsibility on the part of the provincial government?

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, the minister might want to read Hansard and see what his Premier had to say last week, because it was a very different response, I say to the minister.

Mr. Speaker, there have been some professors at Memorial University who have recently suggested - and I think only in the last two weeks - that government would launch a court challenge on the Upper Churchill contract, based on the renewal clause.

I ask the minister: Is this one of the options that the Department of Justice is now considering for this particular challenge?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: I have reviewed that article, Mr. Speaker, and it makes for very interesting reading, but unfortunately we do not look to university professors in political science or elsewhere to determine if we have legal actions.

What we are looking at, Mr. Speaker, are any and all options that are available to us, and I say to you again that here today we are looking at a request by the Innu Nation for redress in relation to the Upper Churchill.

Again, I can only repeat myself so often, Mr. Speaker, but the issue of Innu redress is separate and apart from any provincial claim for redress in relation to the Upper Churchill. The Lower Churchill and the Upper Churchill in relation to Innu are not particularly related, other than they are seeking redress.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I certainly would not expect the Minister of Justice to take advice from anyone, including professors at Memorial University.

Anyway, Mr. Speaker, should this go before the courts, it would take a number of years, I am sure, to reach a decision, and it could also impact negotiations with Ottawa and Quebec, and the timelines for any developments on the Lower Churchill.

I ask the Premier today: What are the timelines that are now being considered for any potential legal action, and what impact will that have on the overall project, or an overall deal on the Lower Churchill development itself?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

This is just one of the many challenges that we face in terms of dealing with the development of the Lower Churchill. We have overcome many challenges; we are sure we will overcome this one as well. Because, Mr. Speaker, the bottom line is, what has happened on the Upper Churchill and the development of the Lower Churchill are not linked. So, while the negotiations with the Innu Nation are on hold for the moment, we expect them to progress and our timelines have not changed. We are looking forward to the beginning of construction in 2010, and first power in 2015.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

We know that the Province had been hopeful of getting a loan guarantee from the federal government, but I say to you, Minister, if you are to launch this particular lawsuit, do you think that is going to have an impact upon you being able to secure any kind of deal with the federal government in the future for any funds to develop any part of the hydro development industry in this Province?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The one thing that we have reiterated time and time and time again is that this project will proceed, with or without the federal government.

Mr. Speaker, this is a tremendous project – one of the best left in North America - and we will not be asking for a handout from anybody. Anybody who has the opportunity to invest in this project will have a good deal, and it is in the best interest of the federal government because not only is this good for Newfoundland and Labrador but this is good for Canada.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Last week, Mr. Speaker, when I asked the Premier about negotiations with Quebec, or the potential for transmission of power through Quebec, he said that they would keep all their options open.

I ask you today, Minister: Launching a lawsuit against the Quebec Government, is that keeping your options open for the transmission of power through that part of the country?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

As I said here in the House last week, because of the commercial arrangements that Quebec has with the United States, there is a process called open access transmission tariff, in which Quebec has to agree to allow other states or provinces to wield power through Quebec, the same way that it wields power through states.

We do not have to depend on goodwill, because goodwill from the federal government has not gotten this place very far, Mr. Speaker. So we are dependent on the rules and regulations that are in place, not from the federal government, I am sad to say, but because of the commercial arrangements that Hydro-Quebec has in the United States.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, I would think that a lawsuit against the Province of Quebec is really ruling them out as an option, I say to you, Minister, so that brings me to the question of looking at the Maritime access route which, as you know –

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: - will include wielding power through two other provinces in Canada and four states in the United States, all of which do not have transmission capacity right now to be able to handle that power.

I ask you, Minister: What are your other options?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: I suggest that the Leader of the Opposition get a lot more informed before she starts raising those kinds of questions in the House.

Not only is the subsea route absolutely possible - and I can point to Europe if you want examples as to how that works - but we have Nova Scotia hungry for our power, we have New Brunswick hungry for our power, and we have the New England states hungry for our power.

We have no problem in finding purchasers for renewable green energy that is going to be available to customers for hundreds of years.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister says they are hungry for power. Well, I ask you, Minister: Are they hungry enough to build the transmission lines to access that power, or is that part of the deal that this Province will have to look at as well?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Mr. Speaker, we do not give our resources away. If there is one thing that the people of Newfoundland and Labrador know, and something that the Opposition should know by now, is that we do not give our resources away.

When we develop a resource in this Province, whether it is the Lower Churchill or any other project, you can be guaranteed, Sir, that there is going to be a good return to the people of Newfoundland and Labrador!

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Well, Minister, I don’t put a lot of credence in many things your government says. You talk about being open and accountable. Last week I asked for six particular documents related to the Lower Churchill Development project and none of them were tabled in this House. This morning you reiterated time and time and time again the words you like to use, about openness and accountability.

I ask you minister: Will you now table those reports that have been completed on the Lower Churchill project in the House of Assembly so we can see the information for ourselves?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: All I can say is, thank God, Mr. Speaker, that they are over there and we are over here.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Let’s make all the information that we have on the Lower Churchill available! Let’s make it available to Hydro Quebec, our biggest competitor! Let’s make it available to people who are trying to undermine us! Let’s make it available to people who are trying to access our power! And, we will be left here at the end of the day with no better deal than we got on the Upper Churchill, thanks to the crowd opposite.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It was alright back in 2002 when your Premier was standing in this House demanding information on the Lower Churchill and on the Voisey’s Bay project. He wanted everything available, everything out in the marketplace, Mr. Speaker, (inaudible).

SOME HON. MEMBERS: Oh, oh!

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

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, last week Justice Cameron ruled against the government’s application to limit questioning at the Cameron Inquiry.

Today I ask the Premier: Now that this decision has been made, will you and the Minister of Justice commit to no further interference in this Inquiry?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

We sought clarification from the Commission, we have received that clarification, and we are okay with the ruling.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Justice Cameron also requested additional resources and an extension to February, 2009, to complete her work at the Inquiry.

I ask the Premier today if he will commit to provide for the time and the resources, as was requested by Justice Cameron.

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

We received the letter, as previously outlined, from Commissioner Cameron. We have sent a letter back requesting some information. As the Premier has previously stated, and as I have stated, there will be an extension forthcoming. The extension being sought by the commissioner at this point is to February 28, 2009. We will be replying in short order, but the commissioner will be granted an extension.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

My first question is for the Minister of Natural Resources.

For the third successive week and for the fifth time I will ask again, Minister: Will you table the names and the dates of appointments of the members of the Conflict of Interest Advisory Committee?

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The question was put to me last week, not three weeks ago, and I am happy to table the document today, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

So much for openness, once you pry it out of them like teeth.

My next question is for the Minister of Business.

The minister has a fund of $32 million in his department for business start-up in the Province, and that fund has not yet provided any funding to prospective companies.

As reported in The Telegram this weekend, Credential Consulting Inc. was looking to this fund to help establish 150 jobs in Central Newfoundland. The proposal was rejected and the company relocated to New Brunswick where they received both funding from the New Brunswick Government and ACOA to the tune of in excess of $1 million.

I ask the minister: What was missing in this proposal that prompted our Department of Business to reject it, that you are aware of, whereas the other province and ACOA came to the plate?

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

SOME HON. MEMBERS: Hear, hear!

MR. ORAM: Thank you, Mr. Speaker.

Mr. Speaker, the fact of the matter is that, because of confidentiality issues, we will not be speaking to this particular company or what any company would do in terms of what they are doing with the Department of Business.

It was very clear in The Telegram article that they would not give any comments on this particular file, and we certainly will not be doing anything as well.

SOME HON. MEMBERS: Hear, hear!

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

MR. PARSONS: Thank you, Mr. Speaker.

I think the people of this Province deserve an answer as to why 150 potential jobs are not in this Province and have gone to New Brunswick, next door. I think you can certainly tell us that, Minister, without breaching any confidentiality.

Is there some particular reason - in a general, generic sense - that you can tell us, that they did not pass the smell test according to yourself and your department?

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

SOME HON. MEMBERS: Hear, hear!

MR. ORAM: Thank you, Mr. Speaker.

Again, Mr. Speaker, I say to the hon. member across the way, this government is not in the business of going out and revealing everything that is going on in terms of companies that want to come to Newfoundland and Labrador. If we start going out and giving out information that is coming to our department on behalf of companies that have stated clearly - stated clearly, I say, Mr. Speaker - that they will not engage with The Telegram or any other paper or any other form of media to give any information on this deal, if they do not want to deal with the media then we certainly will not be doing that as well.

SOME HON. MEMBERS: Hear, hear!

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

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

Mr. Speaker, I was very disappointed to hear no discussion this morning of the role of the environmental assessment review in the update on the Lower Churchill, presented by the Minister of Natural Resources.

Based on recommendations of the two federally-responsible authorities, there will be a joint panel to review the environmental impact statement that Newfoundland and Labrador Hydro will have to prepare.

Mr. Speaker, I ask either the Minister of Environment or the Minister of Natural Resources to give us some idea of how far along it will be in the process before the joint review panel is struck.

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

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The purpose of my news conference this morning was to share with the people of Newfoundland and Labrador the expenditures that have been associated with the development of the Lower Churchill to date.

At the present time the energy company is involved in studies that will support the filing of their environmental impact statement, and that work is ongoing.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

The minister is right, this morning’s announcement had to do with the expenditures that have been made to date regarding the Lower Churchill development, and the statement indicated that the company would not put any money into Phase 3 of the development without the key deliverable of the Impacts and Benefits Agreement with the Innu Nation. There are other major deliverables, one of which is the role of the review panel.

I ask the minister – pertinent exactly to what was talked about this morning – where do the recommendations of a review panel, which is not even yet appointed, fit into the timeline and expenditure plans of Newfoundland and Labrador Hydro that were presented this morning?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, the environmental assessment process for the Lower Churchill is moving along. The process for the draft guidelines, that is near complete and the next phase will be an MOU. That will go out for public comment in the very near future, and that will address issues such as the panel, the number of people on the panel, and so on.

Once that is complete and comes back to us, we will certainly be able to provide more information.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: Thank you, Mr. Speaker.

I wonder if the Minister of Environment and Conservation could tell us: Who is the MOU between?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

That MOU would be between our Province and the federal government.

SOME HON. MEMBERS: Hear, hear!

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

MS MICHAEL: I have to say, I am really disappointed – and it is not just with the provincial government that I am disappointed around this one – with both the federal and provincial authorities, that they did not follow a similar process as was followed in Voisey’s Bay, where the Aboriginal groups were involved in the MOU. I wish that were the case here.

I will ask the Minister of Environment and Conservation: Surely, you must have some position with regard to when this panel will be put in place? When the environmental impact statement is finished by Newfoundland and Labrador Hydro, to whom will it be presented?

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

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, as I had mentioned, the MOU will go out for public comment in the next couple of weeks, of which there is a thirty day process for public input and comment. Following that process, my staff and myself will review what comes out of that very public and open process. It will speak to how many people will be on the panel and the make up of the panel. Certainly, we will be able to give you more information once that process is complete.

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